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CITY OF NIAGARA FALLS
By-law No. 79-200
.................
A by-law to regulate the use of land and the erection, use, height, bulk, location, spacing of any
other matters relating to buildings and structures, and to prohibit certain uses of lands and the
erection and use of certain buildings and structures in various areas of the City of Niagara Falls;
and WHEREAS there is an official plan in effect in the City of Niagara Falls; and
WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to pass
this By-law pursuant to section 35 and other provisions or The Planning Act, R.S.O. 1970, as
amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
SECTION 1 - TITLE AND INTERPRETATION
1.1
This By-law may be cited as "the Zoning By-law".
1.2
NUMBERING SYSTEM: The provisions of this By-law have been numbered using a
decimal system of numbering and are referred to as "sections" regardless of the number
of digits, for example section 2, section 2.17, section 2.17.1. Some sections are divided
into clauses, for example 4.14 (h) is referred to as clause h of section 4.14. Some are
further divided into subclauses, for example 4.14 (h) (i) is referred to as subclause (I) of
clause (h) of section 4.14.
1.3
REFERENCES TO CERTAIN SECTIONS: Wherever reference is made in this By-law to
"section 1, "section 2", "section 3", "section 4", "section 5", or "section 6", etc., it shall be
deemed to be a reference to all sections having, respectively, 1, 2, 3, 4, 5 or 6, etc. as the
first digit.
1.4
BOLDFACED WORDS: Words which are defined in section 2 of this By-law have, in most
cases, been boldfaced where they appear elsewhere in this By-law. The boldfacing is for
the purpose of assisting persons in interpreting this By-law but shall not be deemed to
form a part of this By-law. The definitions in section 2 shall apply and govern whether or
not the defined word or words is or are boldfaced elsewhere in this by-law.
1.5
OTHER WORDS: 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; words used in the
present tense include the future
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SECTION 2 - DEFINITIONS
In this By-law, unless the context requires otherwise:
"ACCESS DRIVEWAY" means that part of a driveway or passageway which is not within the limits
of a street allowance but does not include aisles within the limits of a parking area;
"ACCESS RAMP" means that part of a driveway or passageway which is within the limits of a
street allowance;
"ACCESSORY BUILDING" means a detached building which is not used for human habitation
and is normally and naturally incidental, subordinate and exclusively devoted to the principal use
of a lot and located on the same lot as the main building; (2016-03)
"ACCESSORY STRUCTURE" means a detached structure which is not used for human
habitation and is normally and naturally incidental, subordinate and exclusively devoted to the
principal use of a lot and located on the same lot as the main building; (2016-03)
"ACCESSORY USE" means a use that is naturally and normally incidental, subordinate and
exclusively devoted to the principal use of a lot and, where a main building or structure is located
on such lot, to the principal use of such main buildings or structure;
"ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is provided,
in pursuance of a business, services by an entertainer appealing to or designed to appeal to erotic
or sexual appetites or inclinations; (2002-201)
"Services" means services designed to appeal to erotic or sexual appetites or inclinations
and includes activities, facilities, performances, exhibitions, viewings and encounters but
does not include the exhibition of film approved under the Theatres Act; (2002-201)
"Services designed to appeal to erotic or sexual appetites or inclinations" means:
(a)
Services characterized by any person or persons involved or engaging in specified
sexual activities or by an emphasis on the display of human specified body areas;
or
(b)
Services in respect of which the word "nude", "naked", "topless", "bottomless",
"sexy" or any other word or any other picture, symbol or representation having like
meaning or implication is used in any advertisement, or in respect of which is
advertised the availability of "table dancing", or any other form of entertainment
held out to be, by reason of its sexual content, not suitable for minors;
"Specified body areas" means one or more of the follows:
(a)
In the case of a female person, her nipples, and areolae; and
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(b)
In the case of all persons, the pubic, perineal, perianal areas, the genitals, anus,
and the buttocks;
"Specified sexual activities" means one or more of the following: actual or simulated sexual
intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality,
anal intercourse, oral sexual intercourse, direct physical stimulation of genital organs, and
flagellation, bondage or torture in the context of a sexual relationship or activity; (2002-
201)
"ADULT GOODS" means goods appealing or designed to appeal to erotic or sexual appetites or
inclinations, described as follows: dildos, vibrators and other masturbatory devices; toys, devices
and novelties described or advertised as appropriate due to their sexual nature or use only for
adults; clothing, devices and other goods advertised as related, or relating, to fetishism, or
otherwise used for the satisfaction of sexual appetites or interests; goods generally referred to as
"erotica"; any postcard, photograph or other pictorial photographic or graphic depiction of subject
matter distinguished or characterized by the portrayal of one or more persons involving or
engaging in specified sexual activities, or by emphasis on the display of human specified areas;
and any other goods referred to as "adult" in a sexual context, individually or in any combination
thereof.
"ADULT MAGAZINE" means any magazine, the content or cover of which is designed or held out
as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial,
photographic or other graphic depiction of subject matter distinguished or characterized by the
portrayal of one or more persons involved or engaging in specified sexual activities, or by
emphasis on the display of human specified body areas.
"ADULT STORE " means:
(a)
any adult videotape store; or
(b)
any store used for the carrying on of the business of the provision of adult
videotapes; adult goods; adult magazines; or the showing or viewing of adult
videotapes, or any combination of any or all of them, but does not include a store
where the provision of adult videotapes, adult goods, adult magazines, or any
combination of them is only incidental to the carrying on of the business of the
provision and display of videotapes, magazines or goods. (2002-199)
"ADULT VIDEOTAPE" means any videotape the content or container of which is designed or held
out as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial,
photographic or other graphic depiction of subject-matter distinguished or characterized by the
portrayal of one or more persons involved or engaging in specified sexual activities, or by an
emphasis on the display of human specified body areas, and any videotape classified by the
Ontario Film Review Board as "restricted", with the added information piece "adult sex film".
"ADULT VIDEOTAPE STORE" means any premises used for the carrying on of the business of
the provision of adult videotapes but does not include a store where the provision of adult
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videotapes is only incidental to the carrying on of the business of the provision and display of
adult videotapes.
"AGRICULTURAL SOURCE MATERIAL" means treated or untreated materials, as defined by the
Nutrient Management Act, other than compost that meets the Compost Guidelines, or a
commercial fertilizer, if they are capable of being applied to land as nutrients. (2017-65)
"AMENITY AREA" means the area of a lot and/or building intended for the use and enjoyment of
the residents of such lot and/or building, and shall include areas that are landscaped open spaces,
patios, privacy areas, balconies, communal lounges, swimming pools, play areas, roof decks,
sundecks and similar uses, located on the same lot, but shall not include a building's service
areas, parking lots, aisle or access driveways, or a landscaped open space strip located along a
property line, or along or within a parking lot or driveway and intended to buffer adjacent properties
or to provide snow storage. (2022-095)
"ANIMAL CLINIC" means a building or structure or part thereof under the control and supervision
of a qualified veterinarian who is a member of the Ontario Veterinarian Association, where animals
or birds are given treatment but has no outdoor kennels; (2011-136)
"APARTMENT DWELLING" means a building other than a townhouse dwelling, on street
townhouse dwelling, or a quadruplex dwelling, comprising four or more dwelling units which may
have an independent entrance or a common entrance from the ground level.
"ART GALLERY" means a building or part thereof where works of art, such as paintings, sculpture,
pottery, glass and weaving are displayed for public viewing and includes retail sales related
thereto. (2008-23)
"ASSEMBLY HALL" means a building or part of a building in which facilities are provided for
meetings of a civic, educational, political, religious, social or recreational nature and which
facilities are capable of accommodating in excess of 100 persons and includes a public hall within
the meaning of The Public Halls Act;
"ATTIC" means the portion of a building situated wholly or in part within the roof and in which
there is not sufficient space to provide a height between finished floor and finished ceiling of at
least 2.25 metres over an area of such floor of at least 10.0 square metres.
"AUTOMOBILE SERVICE STATION" means a building or place where gasoline, lubricants and
accessories for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled,
greased, or washed, or have their ignition adjusted, tires inflated or batteries charged, or where
only minor or running repairs essential to the actual operation of motor vehicles are executed or
performed, but shall not include a car wash, a public garage auto body or a public garage
mechanical;
"BASEMENT" means that portion of a building between two floor levels which has at least 50%
and not more than 80% of its clear dimension, from finished floor to finished ceiling, above the
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average adjacent finished grade level;
"BED AND BREAKFAST" means a home occupation that provides guest rooms and breakfast to
the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on
business.
"BICYCLE LOCKER" means an individual bicycle storage unit that is weather protected, enclosed,
and has a controlled access system. (2021-40)
"BICYCLE PARKING ENCLOSURE" means an enclosed, secure area with controlled access in
which a bicycle may be parked and secured for the long term in a stable position with at least one
point of contact with the frame of the bicycle and may include a bicycle locker. (2021-40)
"BICYCLE PARKING SPACE" means a space to park a bicycle. (2021-40)
"BOARDING OR ROOMING HOUSE" means a dwelling in which the proprietor supplies for gain
lodging with or without meals to three or more persons other than the proprietor but does not
include a tourist establishment, hotel, hospital, home for the aged or other establishment
otherwise classified or defined in this By-law;
"BODY RUB" includes the kneading, manipulating, rubbing, massaging, touching or stimulating
by any means of a person's body or part thereof, but does not include medical or therapeutic
treatment given to a person otherwise duly qualified, licensed or registered to do so under the
laws of the Province of Ontario; (2002-201)
"BODY-RUBBER" means an individual person who, in pursuance of a business or calling
provides, performs, offers or solicits body-rubs, or engages in a business involving the provision
of receiving of body-rubs by such person; (2002-061)
"BODY-RUB PARLOUR" means any premises or part thereof where a body-rub is performed,
offered or solicited in pursuance of a business. (2002-201)
"BUILDING" means a structure having a roof, supported by columns or walls and used for the
shelter, accommodation or enclosure of persons, animals, goods or chattels;
"BUILDING OR STRUCTURE PARKING AREA" means a parking area in a building or structure
and includes roof parking in or on such building or structure.
"BUSINESS" includes a trade or occupation.
"CAR WASH" means a building or structure containing one or more wash bays, coin operated or
attended to by staff, wherein cars are mechanically washed;
"CATASTROPHE" means an unanticipated, disastrous loss of part, or all, of a livestock facility
due to fire, collapse, flood, wind, or other such event. (2007-156)
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"CELLAR" means that portion of a building between two floor levels which has more than 50% of
its clear dimension, from finished floor to finished ceiling, below the average adjacent finished
grade level;
"CLINIC" means a building or part of a building that is used exclusively by physicians, dentists,
and drugless practitioners registered under The Drugless Practitioners Act, or any of them, their
staff and their patients or clients for the purpose of consultation, diagnosis and office treatment in
connection with the practice of medicine, the practice of dentistry or practice as a drugless
practitioner but does not include a "body-rub parlour" as defined in The Municipal Act and does
not include accommodation for in-patient care;
"COMMUNITY BUILDING" means a building used for community activities including, but not so
as to restrict the generality of the foregoing, arts, crafts, physical, social, and education facilities
and not used for overnight accommodation or for any commercial purposes; (2016-03)
"COMMUNITY GARDEN" means land used for the growing and harvesting of vegetables, fruit,
grain crops or herbs for the sole use, donation or consumption by the individual or individuals or
the not for profit organization working the community garden and may include a shed for storing
garden material or tools, or a greenhouse, neither exceeding an area of 10 square metres or a
height of 3 metres and complying with all other regulations under section 4.13 of this By-law but
shall not include a LICENSED CANNABIS PRODUCTION FACILITY, DESIGNATED MEDICAL
GROWTH OF CANNABIS, a FARM PRODUCE OUTLET or the raising of any animals. (2022-
094)
"CONSERVATION USE" means the use of the land and/or water for the purpose of planned
management of natural resources; (2011-136)
"CONVENIENCE STORE" means an establishment where prepared food, groceries, household
items, tobacco, patent medicines, periodicals and other similar items are kept for retail sale to the
public and may include automated banking machines, depots for laundry and dry cleaning and
media rental. (2011-136)
"CORNER LOT" means a lot which is situated at the intersection of and abutting upon two or
more streets or parts of the same street provided that the angle contained by two of such lots'
adjacent lot lines that abut the street or streets is not more than 135 degrees;
"COTTAGE RENTAL DWELLING" means a detached dwelling that is rented in its entirety to one
group of travellers at a time for a period of less than 28 days at one time; (2008-148)
"DECK" means a raised platform or floor with railings or half walls, but no solid roof, which is
located 0.6 metres or greater above the ground, constructed on piers or a foundation, and is used
as an outdoor living area; (2016-03)
"DESIGNATED MEDICAL GROWTH OF CANNABIS" means lands, a building or greenhouse
used for the cultivation, processing or storing of cannabis for personal medical purposes on single
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lot under the permission of two to four registration certificates provided by Health Canada, where
one or more prescription is being grown by someone other than the person for whom the
prescription is for, except a person designated to grow for another person both living in the same
dwelling does not constitute designated medical growth of cannabis.
"DETACHED DWELLING" means a building containing one primary dwelling unit.
"DRIVE-IN RESTAURANT" means premises consisting of a building or structure, together with a
parking area, from which food, refreshments, dairy products or beverages are offered for sale or
sold to the public for consumption either in motor vehicles parked on the parking area or for
consumption elsewhere on the premises but not necessarily within such buildings or structure,
but does not include a building or structure where food, refreshments, dairy products or beverages
are offered for sale or sold to the public only for consumption within the building or structure or off
the premises;
"DRIVE-THROUGH FACILITIES" means an establishment that is accessory to a restaurant, retail
store or financial institution where products or services are dispensed by an attendant or an
automated machine, to persons who remain in vehicles that are in a designated queuing lane.
(2011-137)
"DWELLING" means a building used or capable of being used as the residence of one or more
persons but does not include a hotel, motel or other tourist establishment, a mobile home or a
trailer;
"DWELLING UNIT" means a unit that:
(i)
consists of a self-contained set of rooms located in a building or structure;
(ii)
is used, intended or designed for use as residential premises; and
(iii)
contains kitchen and bathroom facilities that are intended for the use of the unit
only.
"DUPLEX DWELLING" means a building divided horizontally into two primary dwelling units, each
with an entrance to the exterior that is independent or through a vestibule.
"EMERGENCY CARE RESIDENCE" means a building and premises operated for the purpose of
providing secure, supervised, temporary living accommodations and intervention services for
people who are in crisis. The building may include office space and related areas for the non-
profit group operating the facility. (2016-03)
"ERECT" means (with reference to a building or structure), build, construct, reconstruct, enlarge
or place and shall include:
(a)
the moving of a building or structure from one location to another,
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(b)
any physical operation, such as excavating, filling or draining, preparatory to
construction, reconstruction, enlarging or placing, and "erected" and "erection"
shall have corresponding meaning;
"ESTATE WINERY" means an agriculturally related use on an established vineyard and/or fruit
farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and
wine related products where the fruit used in the production shall be grown within the Region of
Niagara. An estate winery may also include the following ancillary uses: a wine retail area,
hospitality rooms and outdoor patios, and an office; (2012-68)
"EXISTING" means existing at the date of the passing of this By-law; (2018-42)
"EXTERIOR SIDE YARD" means a side yard abutting a street or reserve;
"FARM PRODUCE OUTLET" means a structure, a building or part of a building for the sale of
farm produce grown or produced on-site and may include produce grown elsewhere in the
Region, and the sale of value added products related to such produce; (2016-105)
"FLOOR AREA" means, subject to clauses a and b, the aggregate of the horizontal areas of each
floor in a building measured to the centre of party walls and to the outside of other walls;
(a)
in the case of a dwelling or a dwelling unit, the following shall be excluded in
calculating the floor area: any private garage, breezeway, unenclosed sunroom,
porch, veranda, balcony, basement, cellar and unfinished attic;
(b)
the floor area of a dwelling unit means the aggregate of the horizontal areas of
each floor contained within the dwelling unit measured to the centre of party walls
and to the outside of other walls, subject to the exclusions in clause a;
"FRONT LOT LINE" means, in the case of an interior lot, the line dividing the lot from the street;
where the lot is a corner lot, the shorter lot line abutting a street shall be deemed to be the front
lot line and the longer lot line abutting a street shall be deemed to be an exterior side lot line,
provided that, where a corner lot has the same dimensions on the two streets upon which it abuts,
the lot line abutting the street upon which the building or structure erected or to be erected has its
principal entrance shall be deemed to be the front lot line; where the lot is a through lot, the lot
line where the principal access to the lot is provided shall be deemed to be the front lot line;
"FRONT YARD" means a yard extending across the full width of a lot between the front lot line of
such lot and the nearest part of the main building or structure on such lot;
"FRONT YARD DEPTH" means the least horizontal dimension between the front lot line of a lot
and the nearest part of the main building or structure on such lot;
"GASOLINE BAR" means a building or place where gasoline is kept for sale with or without
lubricants and automobile accessories but where no servicing, repair or equipping of motor
vehicles is carried on and does not include a car wash;
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"GROSS LEASABLE FLOOR AREA" means the aggregate of the horizontal areas of each floor
in a building measured to and including the outside walls but excluding in the case of buildings in
a Planned Shopping Centre Commercial Zone all areas to be used in common by and for three
or more tenants;
"GROUP DWELLINGS" means an arrangement on the same lot of two or more townhouse
dwellings, apartment dwellings, stacked townhouse dwellings or a combination thereof. (2022-95)
"GROUP HOME TYPE 1" means a residence licensed, supervised, approved or funded under a
federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding
staff, living under responsible supervision and who, by reason of their intellectual, mental health,
social or physical condition or legal status, require a group living environment for their well being,
but does not include a Group Home Type 2.
"GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded under a
federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding
staff, that is maintained and operated primarily for persons who have been placed on probation
or released on parole under provincial or federal statute, or youth who have been charged under
provincial or federal statute and who have been placed in detention or custody.
"GUEST ROOM" means a room or suite of rooms which is capable of being rented separately to
the travelling and vacationing public and does not have any cooking facilities.
"HABITABLE ROOM" means any floor space used or intended to be used for living, sleeping,
cooking or eating purposes;
"HALF STOREY" means the portion of a building situated wholly or partly within the roof and in
which there is sufficient space to provide a height between finished floor and finished ceiling of at
least 2.25 metres over an area of such floor of at least 10 square metres.
"HEALTH CENTRE" means a building or part of a building which is used for one or more of the
following purposes: a gymnasium, massage room, sauna, steam room, sun room, swimming pool
but does not include a "body-rub parlour" or an "adult entertainment parlour" as defined in The
Municipal Act;
"HEIGHT" means:
(a)
in the case of a building, the perpendicular distance measured from the average
finished grade level at the front elevation of such building to the highest point of
the roof but exclusive of any water tank, ventilating fan, air conditioning and heating
unit, elevator or mechanical penthouse or similar enclosure used solely for
accommodating machinery or equipment for the mechanical operation of such
building,
(b)
in the case of a structure, the perpendicular distance measured from the average
finished grade level at its base to the highest point of such structure;
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"HOME OCCUPATION" means any occupation, except the keeping of boarders or roomers,
which is carried on within a dwelling or dwelling unit in compliance with the provisions of this By-
law, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as
a private residence;
"HOSPITAL" means a building, or a part thereof, that is approved under a Provincial Act as a
public or private hospital for the medical diagnosis, treatment, care or convalescence of people.
(2016-03)
"HOSPITALITY ROOM" means part of a building where wine and food may be served but does
not include the use of commercial cooking equipment on-site for the preparation of food. (2012-
68)
"HOTEL" means a commercial building providing temporary accommodation for travellers or
transients on a year round basis and having at least two storeys and 20 bedrooms for guests, a
public dining room and public meeting rooms and with all rooms and facilities on each floor
connected by an inside corridor or corridors and which may be licensed under The Liquor Licence
Act, 1975;
"IMPROVED STREET" means a street which has been constructed in such a manner so as to
permit its use by the general public for the passage of normal vehicular traffic on a year round
basis and, in addition to the foregoing, in the case of a street that is under the jurisdiction of The
Corporation of the City of Niagara Falls, the maintenance of such street has been assumed by
the said Corporation and such street is eligible for subsidy purposes under The Public
Transportation and Highway Improvement Act;
"INDUSTRIAL EFFLUENT SYSTEM" means a system which conveys and discharges the by-
product from an industrial process that can contain contaminant from non-domestic wastes.
(2017-65)
"INTAKE PROTECTION ZONE" (IPZ) means an area vulnerable to water quality or water quantity
threats surrounding a municipal surface water intake as delineated in a Sources Water Protection
Plan. (2017-65)
"INTERIOR LOT" means a lot other than a corner lot;
"INTERIOR SIDE YARD" means a side yard other than an exterior side yard;
"LANDSCAPED OPEN SPACE" means an open area which is used for the growth and
maintenance of grass, flowers, shrubbery and other landscaping and includes any surfaced walk,
patio, swimming pool or similar area, but does not include any surface parking area, bus parking
area, roof-top area or any open space beneath or within any building or structure; (2008-148)
"LANE" means a public thoroughfare which affords only a secondary means of access to abutting
lots and which is not intended for general traffic circulation;
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"LICENCE" means a City of Niagara Falls business licence issued pursuant to the City's Licensing
By-law.
"LICENSED CANNABIS PRODUCTION FACILITY" means lands, a building or greenhouse
licenced by Health Canada in accordance with the applicable Federal Regulations, as amended
from time to time, which is used for the cultivation, processing, packaging, testing, destruction,
research and/or shipping of cannabis. (2022-045)
"LICENSED ESTABLISHMENT" means any premises issued a licence by the Alcohol and
Gaming Commission of Ontario under the Liquor Licence Act, to serve liquor either as a
permanently-licensed facility or a temporary or occasionally-licensed facility. (2021-40)
"LIVESTOCK FACILITY" means one or more barns or permanent structures with livestock-
occupied portions, intended for or capable of the keeping or housing of livestock. A livestock
facility also includes all manure or material storages and anaerobic digesters. (2007-156)
"LOCAL PRODUCE SHOP" means a retail store ancillary to an agricultural use and/or farm, which
sells food products and other agriculturally related products grown or processed within the Region
of Niagara. (2012-68)
"LONG TERM CARE HOME" means a building for the care of the aged, established and
maintained under the Long Term Care Homes Act, as amended. (2016-03)
"LOT" means a parcel or tract of land
(a)
which is a whole lot as shown on a registered plan of subdivision, but a registered
plan of subdivision for the purposes of this clause does not include a registered
plan of subdivision which has been deemed not to be a registered plan of
subdivision by a by-law passed pursuant to section 29 of The Planning Act, R.S.O.
1970, as amended from time to time, or
(b)
which fronts a street and is a separate parcel of land without any adjoining lands
being owned by the same owner or owners on the day of the passing of this By-
law, or
(c)
the description of which is the same as in a deed for which consent has been given
pursuant to section 29 of The Planning Act, R.S.O. 1970, as amended from time
to time, or
(d)
is the whole remnant remaining to an owner or owners after a conveyance made
with consent given pursuant to section 29 of The Planning Act, R.S.O. 1970, as
amended from time to time, provided that, subject to clause d of section 4.27.1, for
the purpose of this section, 2.31, no parcel or tract of land ceases to be a lot by
reason only of the fact that a part or parts of it has or have been conveyed to or
acquired by The Corporation of the City of Niagara Falls, The Regional Municipality
of Niagara, or Her Majesty in Right of Ontario, for public highway purposes;
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"LOT AREA" means the horizontal area within the lot lines of a lot, excluding the horizontal area
of such lot covered by a natural body of water or marsh, or the horizontal area between the rim of
the banks of a river or watercourse, provided that only the area of the lot lying within the zone in
which a proposed use is permitted shall be counted in calculating the minimum lot area under the
provisions of this By-law for such permitted use;
"LOT COVERAGE" means that percentage of the lot area covered by the ground level area of all
buildings and structures, including accessory buildings and accessory structures, on the lot
measured to the outside of all exterior walls or sides, but does not include decks; (2016-03)
"LOT DEPTH" means the horizontal distance between the front and rear lot lines; where 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; where 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;
"LOT FRONTAGE" means the horizontal distance between the side lot lines measured along a
public street; where a lot is a corner lot, the lesser lot line shall be deemed the lot frontage,
provided that, where a corner lot has the same dimensions on the two streets upon which it abuts,
the frontage abutting the street upon which the building or structure erected or to be erected has
its principal entrance shall be deemed to be the frontage; where side lot lines are not parallel, the
lot frontage shall be the distance between the side lot lines measured along a line drawn parallel
to the front lot line at a distance 6 metres from the nearest point of the front lot line but in no case
shall the width of a lot, measured along the front lot line, be more than 3 metres less than the
minimum lot frontage specified in any of the regulations or supplementary regulations contained
in this By-law. (2022-095)
"LOT LINE" means any boundary of a lot;
"MOBILE HOME" means a dwelling unit that is designed to be made mobile and to be transported,
after it has been constructed or manufactured, to a mobile home site to provide a permanent
residence and which is suitable for occupancy as a dwelling unit at the time it is placed on the
mobile home site except for minor and incidental unpacking and assembly operations, placement
on a mobile home sites and connection to utilities;
"MOBILE HOME PARK" means a parcel of land containing two or more mobile home sites and
which is under single management and ownership and includes all accessory buildings and
accessory structures incidental to the operation thereof;
"MOBILE HOME SITE" means a parcel of land within a mobile home park intended to be occupied
by one mobile home together with all yards required by this By-law;
"MODEL HOME" means a dwelling which is not occupied for human habitation but used for the
purpose of temporary display to the public and where a portion of this dwelling may be used as a
sales office for the dwelling units to be constructed; (2008-148)
13
"MOTEL" means a building or buildings or part thereof consisting of a number of motel units and
catering primarily to the travelling public by supplying overnight sleeping accommodation with or
without meals and which may be licensed under The Liquor Licence Act, 1975, but does not
include a hotel;
"MOTEL UNIT" means a room or suite of a motel which is capable of being rented separately and
which has its own bathroom;
"MUSEUM" means a building or part thereof used for the preservation and presentation of works
of art or cultural or historical or scientific objects and information and open to the recreation and
education of the public and includes sales related thereto. (2008-23)
"NEW CAR AGENCY" means an establishment comprising a lot and a building thereon having a
minimum floor area of 550 square metres from which new automobiles are sold and serviced, and
may include the following additional uses:
retail sales of gasoline and oil
lubrication
mechanical, body and paint shop
incidental car washing
open storage of new automobiles and vehicles traded as a term of the sale of a
new automobile
any accessory use;
"NIGHTCLUB" means a licensed establishment having a capacity of over 499 persons as set out
in any and all liquor licence(s) issued for such licensed establishment by the Alcohol and Gaming
Commission of Ontario. (2021-40)
"NURSERY SCHOOL" or "DAY NURSERY" means a day nursery within the meaning of The Day
Nurseries Act;
"OFFICE" means a room or suite of rooms designated, intended or used for the conduct of a
profession, occupation or business, but shall not include a veterinarian office, the retailing of
merchandise, the manufacturing, repairing or storage of goods or any assembly hall, place of
entertainment, "body rub parlour" as defined in The Municipal Act, "adult entertainment parlour"
as defined in The Municipal Act, or pin ball or electronic game machine establishment;
"ON STREET TOWNHOUSE DWELLING" means a building divided vertically into three or more
primary dwelling units and having frontage on an improved street.
"OUTDOOR PATIO" means an area set aside out of doors, covered or uncovered, for use by
customers in connection with, and in addition to, the operation of a commercial use for
consumption of food and beverages; (2016-03)
"OWNER" means the owner of a lot as recorded in the records of the Registry Office for the Land
Titles Division of Niagara South maintained in that Office for that lot.
14
"PARKING AREA" means an area provided for the parking of motor vehicles and includes any
related aisles and parking spaces and may include a private garage;
"PARKING LOT" means any open area used for the temporary parking or storage of five or more
motor vehicles other than a parking area required under the provisions of section 4.19.1 of this
By-law;
"PARKING SPACE" means an area of not less than 18 square metres and a perpendicular width
of not less than 3 metres throughout, both exclusive of any aisles and access driveways, for the
temporary parking or storage of motor vehicles, and may include a private garage;
"PERSONAL SERVICE SHOP" means a building or part thereof in which persons are employed
in furnishing services and otherwise administering to the individual and personal needs of
persons, comprising of the premises of a barber, hairdresser, beautician, manicurist, pedicurist,
tailor, dressmaker and/or shoemaker, as well as a laundromat, dry cleaner's distribution station,
tanning salon, tattoo studio, pet grooming shop and a place for dog obedience classes, but shall
not include a body rub parlour. The sale of merchandise shall be permitted only as an accessory
use to the personal service provided; (2009-176)
"PINBALL OR ELECTRONIC GAME MACHINE ESTABLISHMENT means a building or part of a
building in which 3 or more pinball or other mechanical or electronic game machines are available
to the public. (2013-14)
"PLACE OF ENTERTAINMENT" means an arena, auditorium, public hall, bowling alley, ice or
roller skating rink, curling rink, dance hall, music hall, theatre, cinema, pinball or electronic game
machine establishment, carnival show, circus, mechanical amusement ride or device and billiard
or pool room, but does not include; (i) a "body-rub parlour" or an "adult entertainment parlour" as
defined in The Municipal Act. (2013-14)
"PREMISES" includes a building or any part thereof, and any place.
"PRIMARY" means the principal use of a lot or a building.
"PRIVATE CLUB" means a building or part of a building used as a meeting place for members of
a charter organization including a lodge or fraternal organization but does not include a motorcycle
club;
"PRIVATE GARAGE" means a detached accessory building or part of a main building designed
or used for parking or storage of vehicles of the occupants of the dwelling and in which no repair
or service is rendered for profit or gain; (2011-136)
"PUBLIC GARAGE, AUTO BODY" means a building or place used as a motor vehicle repair shop
including auto body repairs and spray painting and where automobile fuels or lubricants may be
stored or kept for sale and where mechanical repairs, washing or cleaning of motor vehicles may
be carried on but does not include a car wash;
15
"PUBLIC GARAGE, MECHANICAL" means a building or place used for the mechanical repair or
equipping of motor vehicles and where any sale of automobile fuels or lubricants is incidental to
the main use and where the washing and cleaning of motor vehicles may be carried on but does
not include a public garage auto body, a car wash or an automobile service station;
"PUBLIC PARK" means a park owned or under the jurisdiction of The Corporation of the City of
Niagara Falls, The Niagara Parks Commission or any other public board, commission or authority
established under any statute of the Province of Ontario including recreational uses and parking
facilities;
"QUADRUPLEX DWELLING" means a building divided vertically into four separate dwelling units
each with some portion of the accommodation therein at ground level, each sharing two party
walls, and each of which has an independent entrance.
"REAR LOT LINE" means the lot line farthest from and opposite to the front lot line; where the lot
is triangular in shape and there is no rear lot line, the rear lot line shall then be the point where
the side lot lines meet and shall be the point of intersection further from and most opposite the
front lot line. (2002-061)
"REAR YARD" means a yard extending across the full width of a lot between the rear lot line and
such lot and the nearest part of the main building or structure on such lot;
"REAR YARD DEPTH" means the least horizontal dimension between the rear lot line of a lot and
the nearest part of the main building or structure on such lot;
"RECREATIONAL USES" means a use of land for parks, playgrounds, tennis courts, lawn bowling
greens, indoor and outdoor skating rinks, curling rinks, athletic fields, golf courses, golf driving
ranges, miniature golf courses, picnic areas, swimming pools, day camps, community centres,
and all similar uses, together with necessary and accessory buildings and accessory structures
but does not include (i) a track for the racing of animals, motor vehicles, motorcycles, go-karts,
snowmobiles or other vehicles, machines or conveyances or (ii) a carnival show, circus, merry-
go-round, miniature or switchback railway, carousel, ferris wheel, roller coaster or other
mechanical amusement ride or device;
"REQUIRED YARD" means a yard having not less than the minimum depth or width, as the case
may be, required under the provisions of this By-law and "required front yard", "required side yard"
and "required rear yard" shall have a corresponding meaning;
"RESERVE" means a strip of land owned by the Province of Ontario, The Regional Municipality
of Niagara or The Corporation of the City of Niagara Falls which abuts an opened or unopened
highway, allowance for road or lane and which separates such highway, allowance for road or
lane from adjacent lands; a reserve may be, but is not limited to, a 1 foot reserve or a 0.3 metre
reserve.
"RESTAURANT" means a building or structure or part thereof in which food is prepared and
16
offered for sale to the public for consumption within the building or structure and which may be
licensed under The Liquor License Act, 1975 but does not include a drive-in-restaurant;
"RETAIL STORE" means a building or part of a building in which goods, wares, merchandise,
substances or articles are offered or kept for sale at retail or rental. (2002-061)
"RETIREMENT HOME" means a residence providing accommodation primarily for persons or
couples with limited physical disabilities brought on by age or other infirmity for which some
degree of physical assistance is required and where each private living unit has a separate private
bathroom and separate entrance from a common hall, but where common facilities for the
preparation and consumption of food are provided, and common lounges, recreation rooms and
medical care facilities may also be provided; (2008-148)
"SECOND UNIT" means a separate dwelling unit that is smaller in area than the primary dwelling
unit and is located either in the same building as the primary dwelling or in an accessory building,
or part thereof, which is located on the same lot as the primary dwelling unit. (2018-43)
"SEMI-DETACHED DWELLING" means a building divided vertically into two primary dwelling
units, each with an independent entrance to an exterior.
"SENSITIVE LAND USE" means any use that may be adversely affected by the proximity of a
Licenced Cannabis Production Facility or Designated Medical Growth of Cannabis including,
without limiting, the generality of the foregoing, residential uses, campgrounds, child care
facilities, playgrounds, schools, parks and Institutional uses or zones that permit these uses.
(2015-134, 2022-45)
"SERVICE SHOP" means a building or part of a building used for the servicing or repair of
household articles and includes radio, television and appliance repair shops and business
machine service shops but does not include industrial or manufacturing uses, a public garage
auto body or a public garage mechanical;
SHORT-TERM BICYCLE PARKING" means a space where a bicycle may be parked and secured
for the short term in a stable position with two points of contact with the frame of the bicycle.
(2021-40)
"SIDE LOT LINE" means a lot line other than a front lot line or a rear lot line;
"SIDE YARD" means a yard extending from the front yard to the rear yard between the side lot
line of a lot and the nearest part of the main building or structure on such lot;
"SIDE YARD WIDTH" means the least horizontal dimension between the side lot line of a lot and
the nearest part of the main building or structure on such lot;
"SPLIT LEVEL BUILDING" means a building in which the first floor above finished grade is so
constructed as to create two or more different levels, the vertical distance between such levels
17
being always less than a full storey;
"STACKED TOWNHOUSE DWELLING" means a building containing four or more dwelling units
divided horizontally and vertically, with each dwelling unit having a private entrance to the grade
level. (2022-095)
"STOREY" means the portion of a building, other than a cellar or attic, between the surface of
one floor and the surface of the floor, ceiling or roof next above it. A basement shall be considered
a storey in this By-law;
"STORMWATER MANAGEMENT FACILITY" means a facility for the treatment, retention,
infiltration or control of stormwater. (2017-65)
"STREET" means a common or public highway having a minimum width of 12 metres which
affords a principal means of access to abutting lots and includes a highway, road, boulevard and
parkway under the jurisdiction of The Niagara Parks Commission but does not include a lane, an
unopened road allowance or a highway which is within a registered plan of subdivision by a by-
law passed pursuant to section 29 of the Planning Act, R.S.O. 1970, as amended from time to
time;
"STREET LINE" means the dividing line between a lot and a street;
"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 includes a mobile home.
"SURFACE PARKING AREA" means an area or areas of land which is surfaced with concrete,
asphalt, gravel or equivalent and provided and maintained for the purpose of temporary parking
or storage of vehicles including any access driveway or ramp, parking spaces and aisles; (2008-
148)
"THROUGH LOT" means an interior lot that abuts more than one street;
"TIMESHARE SALES OFFICE" means a room or a suite of rooms designated, intended or used
to sell local, national, and international accommodations for a particular period of time, and may
include ancillary model suites and a child care facility for potential customers; (99-79)
"TOWNHOUSE DWELLING" means a building containing three or more separate dwelling units
having a common wall between each two adjacent dwelling units, each of which has an
independent entrance but does not include any dwelling otherwise defined in this By-law.
"TRAILER" means a vehicle or structure so constructed that it is capable of being attached to and
drawn by a passenger motor vehicle and is used in connection with travel, recreation or vacation
to provide temporary living, sleeping or eating accommodation of persons therein and includes a
travel trailer, a tent trailer and similar transportable accommodation but does not include a mobile
home;
18
"TRAILER CAMP" means a parcel of land containing two or more trailer sites which is used for
temporary or seasonal occupancy by trailers, recreational vehicles and tents and which is under
single management and ownership and includes all accessory buildings and accessory structures
incidental to the operation thereof.
"TRAILER SITE" means a parcel of land within a trailer camp intended to be occupied by one
trailer and one motor vehicle;
"TRIPLEX DWELLING" means a building containing and constructed so as to provide therein, by
horizontal division, three separate dwelling units, each of which has an independent entrance
either directly from the outside or through a common vestibule.
"USE", where it appears as a noun, means the purpose for which land or building or structure, or
any combination or part thereof, is designed, arranged, occupied, maintained or used or intended
to be occupied, maintained or used;
"USE", where it appears as a verb, includes occupy or maintain and "USED" shall have a
corresponding meaning;
"USED CAR LOT" means a lot with or without buildings where used motor vehicle are stored,
sold, offered for sale or kept for sale;
"VALUE ADDED PRODUCT" means a product that is produced by changing the physical state or
form of the farm produce and enhancing its value; (2016-105)
"VACATION RENTAL UNIT" means the commercial use of a detached dwelling or dwelling unit
that is available for rent in its entirety for a period of 28 consecutive days or less, to provide
temporary lodging to a single group of the travelling and vacationing public and is licenced by the
City of Niagara Falls to carry on business.
"VEHICLE" means an automobile, truck or other automobile, a motor home, a motorcycle, a
snowmobile, a boat, a personal watercraft, a recreational vehicle, and a trailer or any other device
which is capable of being driven, propelled or drawn by any kind of power, but does not include a
bicycle or any other device powered solely by means of human effort; (2008-148)
"VIDEOTAPE " means any cinematographic film, videotape, disc, and any other medium from
which may be produced visual images that may be viewed as moving pictures.
"WAREHOUSE" means a building or part of a building used for the bulk storage of goods, wares,
merchandise, substances or articles and includes a wholesale establishment but does not include
any premises where any goods, wares, merchandise, substances or articles are offered or kept
for sale at retail;
"WASTE DISPOSAL SITE" means the application of untreated septage, the storage, treatment
19
and discharge of tailings from mines and waste disposal sites as defined under Part V of the
Ontario Environmental Protection Act with respect to Source Water Protection. (2017-65)
"WASTEWATER TREATMENT PLAN" means the part of a sewage works that treats or disposes
of sewage but does not include the part of the sewage works that collects or transmits sewage.
(2017-65)
"WHOLESALE ESTABLISHMENT" means a building or part of a building where goods, wares,
merchandise, substances or articles are stored in bulk for sale in wholesale quantities but does
not include any premises where any goods, wares, merchandise, substances or articles are
offered or kept for sale at retail;
"WORKS OF A CONSERVATION AUTHORITY" means projects undertaken by a Conservation
Authority to protect or enhance areas under their control; (2011-136)
"YARD" means a space, appurtenant to a building or structure, located on the same lot as such
building or structure, and which space is open, uncovered and unoccupied from the ground to the
sky subject to the specific exceptions contained in this By-law;
20
SECTION 3 - ZONES
3.1
CLASSIFICATION OF ZONES: For the purpose of this By-law, the following defined areas
of the City of Niagara Falls, namely:
(a)
all of the former Village of Chippawa, and
(b)
all of the remaining part of the City of Niagara Falls lying north of the middle of the
main channel of the Welland River are hereby divided into the following zones,
which are hereby established and the lands included in each zone are shown on
the Zoning Maps appended hereto as Schedule "A".
ZONES
SHORT TITLES
Residential 1A Density Zone
R1A
Residential 1B Density Zone
R1B
Residential 1C Density Zone
R1C
Residential 1D Density Zone
R1D
Residential 1E Density Zone
R1E
Residential 1F Density Zone
R1F
Residential Mobile Home Park Zone
RMP
Residential Two Zone
R2
Residential Mixed Zone
R3
Residential Low Density, Group Multiple Dwelling Zone
R4
Residential Apartment 5A Density Zone
R5A
Residential Apartment 5B Density Zone
R5B
Residential Apartment 5C Density Zone
R5C
Residential Apartment 5D Density Zone
R5D
Residential Apartment 5E Density Zone
R5E
Residential Apartment 5F Density Zone
R5F
21
ZONES
SHORT TITLES
Transition Residential Multiple Zone
TRM
Neighbourhood Commercial Zone
NC
General Commercial Zone
GC
Deferred Commercial Zone
DC
Planned Shopping Centre Commercial Zone
SC
Central Business Commercial Zone
CB
Tourist Commercial Zone
TC
Camping Establishment Zone
CE
Deferred Tourist Commercial Zone
DTC
Automobile Service Station and Gasoline Bar Zone
AS
Institutional Zone
I
Prestige Industrial Zone
PI
Light Industrial Zone
LI
General Industrial Zone
GI
Heavy Industrial Zone
HI
Transportation - Distribution Industrial Zone
TDI
Extractive Industrial Zone
EI
Agricultural Zone
A
Rural Zone
R
Open Space Zone
OS
Development Holding Zone
DH
Hazard Land Zone
HL
22
ZONES
SHORT TITLES
Parking Zone
P
Parking Holding Zone
PH
Environmental Protection Area Zone
EPA
3.2
ZONING MAPS: The Zones aforesaid and the boundaries of such Zones are shown on
one or more of the Zoning Maps appended thereto as Schedule "A", referred to in this By-
law as "Zoning Maps", each of which Zoning Maps and the Key Map contained in the said
Schedule "A" and the Setback Plans appended hereto as Schedules "B-1", "B-2", "B-3"
and "B-4", Schedule "C" and Schedules "C-A" through to and including "C-F" and
Schedules "C-H" through to and including "C-K", and Schedule "D" together with all titles,
symbols, notations, references and information shown therein shall form a part of this by-
law to the same extent as if fully described in the text of this By-law." (2004-14, 2012-60)
3.3
SHORT TITLES: The short titles of the Zones listed in Section 3.1 may be used to refer to
buildings and structures and uses of buildings, structures and land permitted by this By-
law in such Zones; and whenever in this By-law the word "Zone" is used preceded by any
of the said short titles, such references shall mean any area of the City of Niagara Falls
delineated and designated on the said Zoning Maps by such short title.
3.3.1 "RESIDENTIAL ZONE": The expression "residential zone", whenever used in this By-law,
means an area of the City of Niagara Falls delineated on a Zoning Map and designated
therein as R1A, R1B, R1C, R1D, R1E, R1F, RMP, R2, R3, R4, R5A, R5B, R5C, R5D,
R5E, R5F or TRM.
3.3.2 "COMMERCIAL ZONE": The expression "commercial zone" whenever used in this By-
law, means an area of the City of Niagara Falls delineated on a Zoning Map and
designated therein as NC, GC, DC, SC, CB, TC, CE, DTC, AS, P or PH.
3.3.3. "INDUSTRIAL ZONE": The expression "industrial zone" whenever used in this By-law
means an area of the City of Niagara Falls delineated on a Zoning Map and designated
therein as PI, LI, GI, HI, TDI or EI.
3.4
ZONE BOUNDARIES: Where any uncertainty exists with respect to the boundary of any
zone as shown on the Zoning Maps, the following rules 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)
where a street or part of a street referred to in Section 4.27.1 of this By-law as a
Type A, Type B, Type C, Type D, Type E or Transitional street.
23
(i)
forms a boundary between zones, it is shown on the Zoning Maps by one
or more of the respective symbols set forth in Column 2 of the following
Table:
Column 1
Column 2
Type of Street
Symbol
Type A
(Green)
Type B
(Salmon)
Type C
(Magenta)
Type D
(Cyan)
Type E
(Gold)
Transitional
(Red)
(ii)
does not form a boundary between zones, it is shown on the Zoning Maps
by one or more of the respective symbols set forth in Column 2 of the
following Table:
Column 1
Column 2
Type of Street
Symbol
Type A
(Green)
Type B
(Salmon)
Type C
(Magenta)
Type D
(Cyan)
Type E
(Gold)
Transitional
(Red)
(c)
generally, boundaries between zones are indicated either by an unbroken heavy
line or by one or more of the symbols set forth in subclause I of clause b of this
section.
(d)
a boundary indicated as following a watercourse, creek, stream, power canal, or
the right-of-way of a railway or of an electrical, gas or oil transmission line shall be
24
the centre line of such watercourse, creek, stream, power canal or right-of-way;
(e)
a boundary indicated as approximately following lot lines shall follow such lot lines;
(f)
in every case, where
(i)
any street or lane or portion thereof is altered, diverted or closed,
(ii)
the right-of-way of a railway or of an electrical, gas or oil transmission line
or portion of any such right-of-way is altered, diverted or ceases to be used
for railway purposes or transmission line purposes,
(iii)
a watercourse or portion thereof is altered or diverted, the land formerly
included in such street, lane, railway right-of-way, transmission line right-
of-way or watercourse, or portion thereof shall be included within the zone
adjoining such land. Where such land formed a boundary between different
zones, the new zone boundaries shall be the former centre line of such
street, lane, railway right-of-way, transmission line right-of-way or
watercourse;
(g)
where any zone boundary remains uncertain after the application of the rules set
forth in clauses a to f inclusive, then the boundary shall be determined by scale
from the Zoning Map or Maps.
25
SECTION 4 - GENERAL PROVISIONS
4.1
MAJOR CONSTRAINTS: No person shall in any zone established by this By-law use any
land or erect or use any buildings or structure:
(a)
for any purpose except for the use or uses set forth in this By-law as a permitted
use or uses in such zone, and
(b)
except in conformity with the regulations and other provisions of this By-law in
respect to such zone.
4.2
USE OF BUILDING OR STRUCTURE: No person shall in any zone established by this
By-law use any building or structure erected after the passing of this By-law unless it was
erected in accordance with the provisions of this By-law in respect to such zone.
4.3
OTHER BY-LAWS AND REQUIREMENTS: Nothing in this By-law shall relieve or exempt
any person from the obligation to comply with the requirements of any other by-law of The
Corporation of the City of Niagara Falls in force from time to time or from the obligation to
obtain any license, permit, authority or approval required under any other by-law of The
Corporation of the City of Niagara Falls.
4.3.1. RESTRICTIONS AND REGULATIONS OF OTHER AUTHORITIES: Nothing in this By-
law shall be deemed to reduce or mitigate any restrictions or regulations lawfully imposed
by a governmental authority having jurisdiction to make such restrictions or regulations.
4.4
PUBLIC SERVICES: The provisions of this By-law shall not apply to prevent the use of
any land or the erection or use of any building or structure for the purpose of public service
by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, or
by any local board as defined in The Municipal Affairs Act, the Niagara Peninsula
Conservation Authority, The Niagara Parks Commission, the Ministry of Training, Colleges
and Universities Act; and any Department or Ministry of the Government of Canada or
Ontario including Ontario Hydro, or by any railway, power commission, telephone,
telecommunication, or gas company or other utility supplying public services provided that:
(87-195, 81-62, 2016-03)
(a)
any building and land used or occupied shall be designed and landscaped in
accordance with the general character of the zone in which such building and land
are located;
(b)
no goods, material or equipment shall be stored in the open unless open storage
is permitted in the zone in which the land is located;
(c)
any building to be erected for any of the above purposes shall be erected in general
conformity with the regulations set forth in this By-law in respect of the zone in
which such building is located, provided that for the purpose of this clause building
shall not include a kiosk, gazebo, shelter or similar structure to be erected on a
street with the approval of The Corporation of the City of Niagara Falls and, where
26
such street is under the jurisdiction and control of another road authority, the
approval of such road authority; (2022-95)
(d)
any building to be erected in any residential zone or institutional zone for the
purpose of a school or other educational institution shall be located on a lot having
a minimum lot frontage of 60 metres (196.85 ft.) and shall have a minimum front
yard depth, side yard width (on both sides) and rear yard depth of 7.5 metres
(24.62 ft.) in each case; and
(e)
notwithstanding any of the forgoing provisions, the construction or operation of an
incinerator, pollution control plant, sewage lagoon, waste stabilization pond or
other work or facility for storing or treating sewage, sludge lagoon, sludge storage
or transfer site, service garage, sanitary landfill or disposal area of any kind shall
not be permitted on lands in any residential zone established in this By-law.
4.4.1 STREETS AND INSTALLATIONS: Nothing in this By-law shall prevent the use of any land
for a street or lane or prevent the construction, installation, operation and maintenance of
water and gas pipes and mains, sanitary and storm sewers, pipes and mains, electrical
transmission and distribution lines, cables and conduits, telephone and television lines,
cables and conduits, provided that the location of any such pipe, main, line, cable or
conduit has been approved by The Corporation of the City of Niagara Falls and provided
further that where so required under the provisions of any subdivision agreement of The
Corporation of the City of Niagara Falls the electrical, telephone and television lines,
cables and conduits shall be underground.
Notwithstanding the generality of the foregoing, the approval of the Corporation of the City
of Niagara Falls under this Section 4.4.1 for the location of any pipe, main, line, cable or
conduit shall not be required for the location of any such pipe, main line, cable or conduit
which has been authorized pursuant to the provisions of the Environmental Assessment
Act, 1975. (81-62, #37)
4.4.2 PUBLIC PARKS: Nothing in this By-law shall apply to prevent the use of any land or the
erection and use of any building or structure for the purpose of a public park.
4.5
TEMPORARY USES: Nothing in this By-law shall prevent the erection or use of a
toolshed, scaffold or other building or structure incidental to construction work on the lot
where it is situated for so long only as it is necessary for the work in progress provided,
however, that this section shall cease to apply when such work has been completed or
abandoned. For the purpose of this section "abandoned" means failure to proceed
expeditiously with the construction work.
4.6
RESTORATION OF NON-CONFORMING BUILDING: Nothing in this By-law shall apply
to prevent the strengthening, restoration to a safe condition or rebuilding of any building
or structure or part thereof which at the day of the passing of this By-law was lawfully used
for a purpose prohibited by this By-law, provided that such strengthening, restoration or
rebuilding will not increase the exterior dimensions or floor area of the original building or
27
structure. (2011-136)
Notwithstanding the foregoing, nothing in section 4.6 shall be interpreted or applied such
as to restrict the rights attached to any land or buildings pursuant to section 34(9) of the
Planning Act, R.S.O. 1990, c. 13 or any successor thereto.
4.7
HEIGHT EXCEPTION: The height regulations of this By-law shall not apply to church
spires, belfries, chimneys, water tanks, elevator or mechanical penthouses, flag poles,
clock towers, radio, telephone, television or telecommunication towers and antennae,
tents and mechanical amusement rides or devices in any Zone except as hereinafter
provided or to farm buildings and farm structures (which shall not include buildings or
structures to be erected or used for the purpose of human habitation in an A Zone, an R
Zone or an OS Zone and shall not apply to the following types of structures and buildings
in HI Zones. (2013-14, 2016-03)
4.8
PROHIBITED USES: Unless specifically listed as a permitted use in any zone established
by this By-law, each of the following uses are prohibited in such zone:
(a)
abattoir
(b)
automobile wrecking yard, or the collection, storage or sale of:
(i)
motor vehicles which are not in running condition,
(ii)
partially or completely dismantled motor vehicles or other vehicles, or
(iii)
parts of motor vehicles or other vehicles
(c)
bulk storage of gasoline, oil or other inflammable liquids or gases
(d)
coke manufacture
(e)
distilling, boiling or rendering of bones, blood, tripe
(f)
extracting oil from fish or animal matter
(g)
incineration, reduction or disposal through burying of garbage, offal, refuse of dead
animals, refuse or industrial wastes or wastes of any kind except a municipally
operated incinerator or landfill site and except a privately-operated incinerator or
disposal area which is an accessory use to and on the same lot as a principal use
permitted in this By-law and which has received the approval of the Ministry of the
Environment and all other required approvals.
(h)
making or establishment of a pit or quarry
(i)
manufacturing or processing of asphalt
(j)
manufacturing or processing of cement
(k)
manufacturing gas
(l)
manufacturing glue
(m)
manufacturing, refining or processing acid, ammonia, chlorine
(n)
manufacturing or storing of explosives, ammunition or fireworks
(o)
poultry processing plant
(p)
processing of waste products, either animal or fish and including blood, offal, skins,
hides, bones and condemned meat or fish
(q)
rendering of fat, grease, lard or tallow
28
(r)
refining petroleum or petroleum products
(s)
salvage yard, junk yard
(t)
sewage disposal plant except a municipally operated sewage disposal plant
(u)
slaughter house
(v)
stock yard
(w)
tannery for the curing, storing or finishing of hides, skins, leather
(x)
locating or storing on any land for any purpose whatsoever any disused railroad
car or part thereof, street car or part thereof, truck body or part thereof, bus body
or part thereof, whether or not the same is situated on a foundation.
(y)
body-rub parlour (98-03, Repealed by By-law 2002-201)
4.8.A SOURCE WATER PROTECTION: Notwithstanding any other provisions of the by-law to
the contrary, the following uses shall be prohibited within the Intake Protection Zone
designated IPZ1 on Sheet E6 of Schedule "A" to this by-law: (2017-65)
(a)
waste disposal site;
(b)
stormwater management facility or the expansion of a storm water management
facility existing prior to June 13, 2017;
(c)
industrial use not permitted by this by-law prior to June 13, 2017;
(d)
commercial use not permitted by this by-law prior to June 13, 2017;
(e)
wastewater treatment plant;
(f)
industrial effluent system; and,
(g)
agricultural use, including the storage or application of agricultural source material.
4.8.1 BUS, TRUCK, ETC. BODIES: Without limiting the application of clause x of Section 4.8,
unless specifically permitted in this By-law, no person shall in any zone established by this
By-law, erect or use for the purpose of human habitation any structure consisting of all or
part of the body of any bus, truck, railroad car, street car or other vehicle whether or not
the same is mounted on wheels or other form of mounting or foundation.
4.9
MUNICIPAL SERVICES REQUIRED: Unless otherwise provided for in this By-law, no
person shall in any residential zone, commercial zone or institutional zone, erect and use
a dwelling or a building containing one or more dwelling units or locate or use a mobile
home unless such dwelling or building or mobile home is served by a municipal water
supply and sanitary sewage system.
4.10
Deleted by by-law No. 2011-136.
4.11
LOT REQUIREMENT: Except as otherwise specifically permitted in this By-law, no person
shall erect a building or structure in any zone except upon a lot, as defined in this by-law
which (i) fronts or abuts upon an improved street or a street being constructed in a plan of
subdivision by the Corporation of the City of Niagara Falls pursuant to the subdivision
agreement and (ii) has not less than such lot area, lot frontage and lot depth as are set
out in the regulations for such zone as the minimum lot area, lot frontage and lot depth.
(81-179, #15)
29
4.12 REDUCTION OF REQUIREMENTS: No person shall change the purpose for which any
land, building or structure is used or erect any new building or structure or sever any land
from any existing parcel of land if such change, erection or severance creates a situation
in which there is a contravention of any provision of this By-law applicable to the original,
adjoining, remaining or new building, structure or parcel of land.
4.12.1 EXCEPTIONS: The fact that a part of parts of a parcel of land has or have been conveyed
to or acquired by The Corporation of the City of Niagara Falls, The Regional Municipality
of Niagara or Her Majesty in Right of Ontario for public highway purposes shall not be
deemed to be in contravention of Section 4.12.
4.13
ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES:
(a)
Except as otherwise specifically permitted in this By-law, no accessory building or
accessory structure shall be erected in a front yard, a rear yard or a side yard.
(b)
Subject to Section 4.27.1 but notwithstanding any other provisions of this By-law,
no accessory building or accessory structure shall be erected on a corner lot closer
than 4.5 metres (14.76 ft) to the side lot line abutting a street line or a reserve.
(c)
An accessory building or accessory structure may be erected in an interior side
yard provided that it is distant not less than 1.2 metres (3.94 ft) from the side lot
line. Notwithstanding the foregoing, common semi-detached private garages may
be centred on the mutual lot line if erected simultaneously on two abutting lots and
as one building. (2016-03)
(d)
subject to section 4.27.1, an accessory building or accessory structure may be
erected in a rear yard of a lot provided that it shall not be less than 0.45 metre from
any lot line and no overhanging roof, eaves or gutter shall project more than 0.3
metre into any required yard or be less than 0.15 metre from any lot line. (2016-
03)
(e)
An attached private garage or carport which is erected as part of the main building
shall not be deemed an accessory building or accessory structure and shall comply
with all yard requirements for the main building.
(f)
except as otherwise specifically permitted in this by-law, no person shall, in any
residential zone, DH zone, A zone, R zone, DC zone or DTC zone, erect any
accessory building or accessory structure having a greater height than 3 metres,
provided that an accessory building with a pitched roof may be erected to a height
not exceeding 4.6 metres but in no event shall any part of the walls or supporting
posts excluding any gable or dormer exceed 3 metres in height. (82-283, 2016-03)
(g)
In a R1A, R1B, R1C, R1D, R1E, R1F, R2 or R3 zone, the total lot coverage of all
accessory buildings and accessory structures on a lot shall not exceed 15% of the
lot area or 93 square metres, whichever is lesser, and in no case shall the total lot
coverage of all buildings and structures exceed the maximum lot coverage
regulation of the specific zone. (2008-148)
(h)
Deleted by By-law No. 2011-136.
30
4.14
YARDS: Every part of every front yard, side yard and rear yard required by the provisions
of this By-law shall be open from the ground to the sky and no such yard shall be
obstructed or occupied by any building, structure, accessory building, accessory structure
or part thereof or projection there from except as follows:
(a)
sills, belt courses, cornices, chimney breasts, bay windows, pilasters and similar
architectural features and window air conditioning units may project into any
required yard a distance of not more than 0.45 metres;
(b)
unsupported canopies, eaves or gutters, for other than an accessory building, may
project into any required yard a distance of not more than 0.45 metres;
(c)
open balconies not covered by a roof or canopy may project into any required front
yard or rear yard a distance of not more than 1.8 metres and into any required side
yard a distance of not more than 0.45 metres;
(d)
subject to Section 4.27.1, a roofed-over one storey porch may project into a
required front yard, rear yard or privacy yard of a block townhouse dwelling unit a
distance of not more than 2.5 metres provided however that
(i)
no enclosure of such porch, other than removable screens and storm
sashes or awnings, shall be erected to a height of more than 1.0 metre
above the floor of such porch, and
(ii)
in no event and subject to said Section 4.27.1 shall any part of such porch
be closer than 1.5 metres from any street line;
(e)
fire escapes may project into any required side yard or rear yard a distance of not
more than 1.2 metres;
(f)
accessory buildings and accessory structures where specifically permitted in a
zone, may be erected in accordance with Section 4.13 and the other applicable
provisions of this By-law;
(g)
light standards, fuel pump islands and fuel pumps of automobile service stations
may be erected in accordance with the applicable provisions of this By-law;
(h)
subject to section 4.27.1, a deck may project into a required front yard a distance
of not more than 2.5 metres and into a required rear yard or privacy yard of a block
townhouse dwelling unit a distance of not more than 4 metres and in no event, and
subject to said Section 4.27.1, shall any part of such deck be closer than 1.5 metres
from any street line and closer to the interior and exterior side lot lines than the
minimum interior side yard and exterior side yard widths of the specific zone.
4.14.1 FRONT YARDS FOR THROUGH LOTS: Where a lot is a through lot, a front yard shall be
required on each street in accordance with the regulations of the zone or zones in which
such through lot is located.
4.14.2 FRONT YARDS FOR CORNER LOTS: Where a lot is a corner lot and fronts onto three
streets, a front yard shall be required on each street that is opposite each other in
accordance with the requirements of the zone or zones in which such corner lot is located.
(2016-03)
4.15
DAYLIGHTING TRIANGLE: Notwithstanding any other provision of this By-law, no person
31
shall, in any zone, erect any building, structure, accessory building or accessory structure
on a corner lot within the "daylighting triangle" hereinafter defined.
4.15.1 No person shall, in any zone, erect, plant or maintain within the "daylighting triangle"
hereinafter defined any hedge, shrub, bush, tree, fence or wall which will obstruct the
vision of drivers or vehicles.
4.15.2 The "daylighting triangle" referred to in sections 4.15 and 4.15.1 is the triangular space
formed by the limits of the travelled portion of the roadway on the 2 streets abutting a
corner lot and a line drawn from a point in one such limit to a point in the other such limit,
each such point being distant 9 metres (29.53 ft.) measured along such limit from the point
of intersection of the 2 such limits, provided that where the limits of the travelled portions
of the 2 roadways do not intersect at a point, the point of intersection of the limits of the
travelled portions of the roadways shall be deemed to be the intersection of the projection
of such limits or the intersection of the tangents of such limits.
4.16
SCREENING DEVICE: No person shall use, for any non-residential purpose, any lot which
has any side lot line of an interior lot or any rear lot line that abuts land in a residential
zone unless they erect and maintain a close-board type fence or decorative wall with a
minimum height of 1.8 metres (5.91 ft.) abutting the side lot line and the rear lot line, save
and except where the lot line abuts the front yard of a residentially zoned lot. (2011-136)
4.17.1 Deleted by By-law No. 2011-136.
4.17.2 Where, under the provisions of this By-law or as a condition to the approval of plans and
drawings in a site plan control area established under section 35a of The Planning Act a
close-board type fence or a decorative wall is required on a lot, no person shall use such
lot for any purpose other than the purpose for which it was used on the day of the passing
of this By-law unless and until such required close-board type fence or decorative wall is
provided, constructed and maintained.
4.18
Deleted by By-law No. 2011-136.
4.19
PARKING AREAS
4.19.1 REQUIREMENTS:
(a)
The owner or occupant of every building or structure to be erected or used for any
of the purposes listed in Table 1 of this section shall provide and maintain a parking
area which shall be located on the same lot occupied by such building or structure.
The said parking area shall contain individual parking spaces to the extent at least
prescribed in said Table 1 for the respective classes of uses, buildings or structures
set out therein together with a manoeuvring aisle to serve each row or each 2 rows
of parking spaces. The said parking area shall be provided and maintained in
accordance with the requirements of this section and such requirements as may
32
be made a condition to the approval of plans and drawings in a site plan control
area established under section 35a of The Planning Act. Where a building,
structure or lot accommodates more than one use or purpose, the required parking
spaces shall be the sum of the required parking spaces for each such use or
purpose.
Table 1
CLASS OF USE, BUILDING OR STRUCTURE
MINIMUM PARKING SPACE REQUIREMENTS
Arena
1 parking space for each 5 seats
Bank, trust company, credit union, Currency exchange,
sightseeing tourist information centre, timeshare sales
office, office other than a dental or medical office or
clinic medical office or clinic (2002-061)
1 parking space for each 25 square metres (269.1
sq. ft.) of gross leasable floor area
Barbershop or hairdressing establishment
3 parking spaces plus 1 additional parking space
for each chair above 3
Bed and Breakfast
1 parking space for each guest room in addition to
the parking space required for a detached dwelling
or dwelling unit
Car Wash (81-62, #40)
4 parking spaces in line per bay
Dental or Medical Clinic or office
3 parking spaces for each practitioner
Drive-in-Restaurant
25 parking spaces plus 1 parking space for each 5
seats within the building or structure
Drive-through Facility
accessory to a restaurant or retail store
12 parking spaces in a queuing lane measured
from where products are dispensed, each with a
minimum length of 6 metres (19.69 ft.) and a
minimum width of 2.75 metres (9.02 ft.).
Drive-through Facility
accessory to a financial institution
3 spaces in a queuing lane, measured from where
products are dispensed, each with a minimum
length of 6 metres (19.69 ft.) and a minimum width
of 2.75 metres (9.02 ft.).
Detached dwelling, Duplex dwelling or Semi-detached
dwelling and an on street townhouse dwelling
1 parking space for each dwelling unit
Dwelling containing 3 or more dwelling units save and
except an on street townhouse dwelling
1.4 parking space for each dwelling unit
Funeral Home
15 parking spaces
Home for the Aged, Nursing Home
2 parking spaces for each 5 beds
Hospital
1 parking space for each 2 beds
Hotel
1 parking space for each two bedrooms. plus 1
parking space for each 5.5 square metres (59.2 sq.
ft.) of floor area used as a place of assembly
Mobile Home Park
1.1 parking spaces for each mobile home
Motel
1 parking space for each 1.3 motel units
33
CLASS OF USE, BUILDING OR STRUCTURE
MINIMUM PARKING SPACE REQUIREMENTS
Museum, exhibition area
1 parking space for each 50 square metres (538.2
sq. ft.) of floor area
Place of worship
1 parking space for each 5 seats
Plant, factory, warehouse and transportation terminal
(2011-136)
1 parking space for each 90 square metres of floor
area
Premises licensed under The Liquor Licence Act if not
part of a motel or hotel
1 parking space for each 5 seats
Premises licensed under The Liquor Licence Act if part
of a motel or hotel
1 parking space for each 10 seats
Public Hall, Assembly Hall Place of Entertainment
1 parking space for each 5 persons that can be
lawfully accommodated therein at any one time
Restaurant if not part of a motel or hotel, Adult
Entertainment Parlour
1 parking space for each 5 seats
Restaurant if part of a motel or hotel
1 parking space for each 10 seats
Retail store, adult store, tattoo studio, dancing studio,
laundromat and personal service shop up to and
including a gross leasable floor area of 450 square
metres (2011-136)
1 parking space for each 25 square meters of
gross leasable floor area plus 1 parking space for
each 90 square metres of floor area devoted to
storage
Retail store, adult store, tattoo studio and dancing
studio, exceeding a gross leasable floor area of 450
square metres (2011-136)
1 parking space for each 25 square metres of
gross leasable floor area on the main sales floor
plus 1 parking space for each 45 square metres of
gross leasable floor area on every other floor and
1 parking space for each 90 square metres of floor
area devoted to storage.
Retirement Home (2008-148)
0.6 parking space for each private living unit.
School
1 parking space for each teaching staff members
plus one additional parking space for each 2
employees and in the case of secondary schools
plus one further additional parking spaces for each
20 students.
Shopping Centres
1 parking space for each 18 square metres (193.75
sq. ft.) of gross leasable floor area on the main
sales floor plus 1 parking space for each 45 square
meters (484.38 sq. ft.) of gross leasable floor area
on every other floor
Theatre
1 parking space for each 5 seats
Used Car Lot and New Car Agency
5 parking spaces for customers and staff
Uses, Buildings and structures permitted by this By-law
other than those listed in this schedule
1 parking space for each 40 square metres (430.56
sq. ft.) of floor area
Vacation Rental Unit
2 parking spaces, which may be provided in
tandem
34
4.19.1 REQUIREMENTS:
(a) (i)
Notwithstanding Table 1 of clause (a) of section 4.19.1 and the parking regulations
required by section 19, within the area shown on Schedule "D" in this by-law, the
parking requirements shall be either those contained in Table 1 of clause (a) of
section 4.19.1; those contained in section 19; or those contained in Table 1.1, but
not in any combination thereof. (2012-060)
Table 1.1
CLASS
OF
USE,
BUILDING
OR
STRUCTURE
MINIMUM
PARKING
SPACE
REQUIREMENTS
Pinball
or
electronic
game
machine
establishment
1 parking space per 75 square metres of floor
area
Dance Hall
1 space per 35 square metres of floor area
Hotel
1 space for each 1.25 rooms
Restaurant ancillary to a hotel
none
Place of assembly/convention centre ancillary
to a hotel
none
Retail store ancillary to a hotel
none
Motel
1 space for each 1.25 motel units
Museum
1 space for each 150 square metres
Theatre/Cinema
1 space for each 10 seats
Restaurant
1 space for each 10 seats
Retail store
1 space per 60 square metres of floor area
Tattoo studio
1 space for each 2 seats
Bus parking space substitution for hotels and
motels
For 1 to 299 rooms, 2 spaces for 40 car
parking spaces; for 300 to 399 rooms, 3
spaces for 60 car parking spaces; for 400 to
499 rooms, 4 spaces for 80 car parking
spaces; and for 500 rooms or more, 5 spaces
for 100 car parking spaces
(b)
There shall be adequate provision for access to a street or lane for each parking
space means of one or more access driveways and access ramps.
(c)
Each parking space which is required under clause (a) to be provided and
maintained shall be readily accessible at all times for the parking and removal of a
motor vehicle without the necessity of moving any other motor vehicle. (81-62, #41)
(d)
The perpendicular width of each parking space shall be not less than 2.75 metres
(9.02 ft.).
(e)
Subject to clause (i), where parking spaces having a perpendicular width of less
35
than 3 metres but not less than 2.75 metres are in a surface parking area, the
perpendicular length of each such parking space and the perpendicular width of
each manoeuvring aisle shall be not less than the dimensions shown in Columns
2 and 3 of Table 2 of this section opposite the respective angles shown in Column
1. (83-44)
Table 2
Surface Parking Area
Parking Spaces Less Than 3 Metres in Width
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 60 degrees up to
90 degrees
6 metres (19.69 ft.)
6.9 metres (22.64 ft.)
More than 45 degrees up to
60 degrees
6.4 metres (21.00 ft.)
5.2 metres (17.06 ft.)
More than 30 degrees up to
45 degrees
6 metres (19.69 ft.)
3.7 metres (12.14 ft.)
0 degrees (parallel) up to 30
degrees
6.7 metres (21.98 ft.)
3 metres (9.84 ft.)
(f)
Where parking spaces having a perpendicular width of less than 3 metres (9.84
ft.) but not less than 2.75 metres (9.02 ft.) are in a building or structure parking
area, the perpendicular length of each such parking space and the perpendicular
width of each manoeuvring aisle shall be not less than the dimensions shown in
Columns 2 and 3 of Table 3 of this section opposite the respective angles shown
in Column 1.
Table 3
Building or Structure Parking Area
Parking Spaces Less Than 3 Metres in Width
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 60 degrees up to
90 degrees
6 metres (19.69 ft.)
6.3 metres (20.67 ft.)
More than 45 degrees up to
60 degrees
6.4 metres (21.00 ft.)
5.2 metres (17.06 ft.)
36
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 30 degrees up to
45 degrees
6 metres (19.69 ft.)
3.7 metres (12.14 ft.)
0 degrees (parallel) up to 30
degrees
6.7 metres (21.98 ft.)
3 metres (9.84 ft.)
(g)
Subject to clause (j), where parking spaces having a perpendicular width of not
less than 3 metres (9.84 ft). are in a surface parking area, the perpendicular length
of each such parking space and the perpendicular width of each manoeuvring aisle
shall be not less than the dimensions shown in Columns 2 and 3 of Table 4 of this
section, opposite the respective angles shown in Column 1. (81-62)
Table 4
Surface Parking Area
Parking Spaces at Least 3 Metres in Width
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 60 degrees up to
90 degrees
6 metres (19.69 ft.)
5.9 metres (19.36 ft.)
More than 45 degrees up to
60 degrees
6.4 metres (21.00 ft.)
4.6 metres (15.09 ft.)
More than 30 degrees up to
45 degrees
6 metres (19.69 ft.)
3.6 metres (11.81 ft.)
0 degrees (parallel) up to 30
degrees
6.7 metres (21.98 ft.)
3 metres (9.84 ft.)
(h)
Where parking spaces having a perpendicular width of not less than 3 metres (9.84
ft.) are in a building or structure parking area, the perpendicular length of each
such parking space and the perpendicular width of each manoeuvring aisle shall
be not less than the dimensions shown in Columns 2 and 3 of Table 5 of this
section, opposite the respective angles shown in Column 1. (83-44)
Table 5
Building or Structure Parking Area
Parking Spaces at Least 3 Metres in Width
37
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 60 degrees up to
90 degrees
6 metres (19.69 ft.)
5.9 metres (19.36 ft.)
More than 45 degrees up to
60 degrees
6.4 metres (21.00 ft.)
4.4 metres (14.44 ft.)
More than 30 degrees up to
45 degrees
6 metres (19.69 ft.)
3.6 metres (11.81 ft.)
0 degrees (parallel) up to 30
degrees
6.7 metres (21.98 ft.)
3 metres (9.84 ft.)
(i)
Notwithstanding clause (a), where parking spaces having a perpendicular width of
less than 3 metres (9.84 ft.) but not less than 2.75 metres (9.02 ft.) are in a surface
parking area in a residential zone or an industrial zone, the perpendicular length
of each such parking space and the perpendicular width of each manoeuvring aisle
shall be not less than the dimensions shown in Columns 2 and 3 of Table 3 of this
section, opposite the respective angles shown in Column 1 of said Table 3. (83-
44)
(j)
Notwithstanding clause (g), where parking spaces having a perpendicular width of
not less than 3 metres (9.84 ft.) are in a surface parking area in a residential zone
or an industrial zone, the perpendicular length of each such parking space and the
perpendicular width of each manoeuvring aisle shall be not less than the
dimensions shown in Columns 2 and 3 of Table 5 of this section, opposite the
respective angles shown in Column 1 of said Table 5. (83-44)
4.19.2 BUS PARKING
Parking Spaces at Least 3.75 Metres Wide
Column 1
Column 2
Column 3
Angle of Parking Space with
Manoeuvring Aisle
Minimum
Perpendicular
Length of Parking Space
Minimum
Perpendicular
Width of Manoeuvring Aisle
More than 45 degrees up to
90 degrees
15 metres (49.21 ft.)
15 metres (49.21 ft.)
More than 30 degrees up to
45 degrees
16 metres (52.49 ft.)
10.8 metres (35.43 ft.)
0 degrees (parallel) up to 30
degrees
18.3 metres (60.04 ft.)
5 metres (16.40 ft.) where the
aisle is for one way traffic; 8
metres (26.25 ft.) where the
aisle abuts 2 way traffic
(i)
Where bus parking is provided on a lot, the parking area shall be designed so as
38
to allow buses to enter and leave the lot in the same direction of travel.
4.19.3. PARKING IN YARDS
(a)
Within the R1A, R1B, R1C, R1D, R1E, R2 and R3 zones, the following shall apply:
(2008-148)
(i)
Maximum lot area which can be used as
a surface parking area
30%
(ii)
Maximum width of driveway or parking
area in the front yard of a lot
60% of the lot frontage but in no case more
than 9 metres for a detached dwelling, duplex
dwelling, and semi-detached dwelling, and
60% of the lot frontage for an on street
townhouse dwelling.
(iii)
Maximum area of a rear yard which can
be used as a parking area
40 square metres
(iv)
Maximum area of an exterior side yard
which can be used as a parking area
67% of the yard up to a maximum of 50 square
metres
(v)
Notwithstanding the definition "vehicle",
no person shall park or store a motor
home, a snowmobile, a boat, a personal
watercraft, a recreational vehicle or a
trailer in the front yard, side yard or
exterior yard of a lot. This subclause
shall not apply to the temporary parking
of a motor home, recreational vehicle or
trailer,
for
loading
and
unloading
purposes
only, for a
period
not
exceeding 14 calendar days a year
provided
that
such
motor
home,
recreational vehicle or trailer is set back
from the curb face or pavement edge of
a public street to which the driveway is
accessed from a minimum distance of 5
metres.
(b)
Within the R1F zone, the following shall apply: (2011-136)
(i)
Maximum lot area which can be used as
a surface parking area
25%
(ii)
Maximum width of driveway or parking
area in the front yard of a lot
55% of the lot frontage
(iii)
Maximum area of a rear yard which can
be used as a parking area
40 square metres
39
(iv)
Maximum area of an exterior side yard
which can be used as a parking area
67% of the yard up to a maximum of 50 square
metres
(v)
Notwithstanding the definition "vehicle",
no person shall park or store a motor
home, a snowmobile, a boat, a personal
watercraft, a recreational vehicle or a
trailer in the front yard, side yard or
exterior yard of a lot. This subclause
shall not apply to the temporary parking
of a motor home, recreational vehicle or
trailer,
for
loading
and
unloading
purposes
only, for a
period
not
exceeding 14 calendar days a year
provided
that
such
motor
home,
recreational vehicle or trailer is set back
from the curb face or pavement edge of
a public street to which the driveway is
accessed from a minimum distance of 5
metres.
(c)
Within the R4, R5A, R5B, R5C, R5D, R5E and R5F zones no person shall use any
portion of the front yard of any lot for the parking or storing of any motor vehicle
unless either a landscaped open space strip or a decorative wall or decorative
fence and a landscaped open space strip is provided and maintained along the
part of every front lot line and side lot line which abuts a street, except that part
thereof crossed by an access driveway or sidewalk, an in accordance with the
following regulations;
(i)
If only a landscaped open space is provided such landscaped open space
strip shall have a minimum width of 3 metres, unless a decorative wall or
decorative fence in accordance with subsection (ii) is provided; in which
case the landscaped open space strip shall have a minimum width of 1.5
metres.
(ii)
The height of a decorative wall or fence shall be a minimum of 1 metre
above the average level of the parking area in the front yard.
(iii)
Any such decorative wall or fence shall be located a minimum of 1 metre
inside the abutting street line;
(iv)
Where a daylighting triangle is required, no such decorative wall or
decorative fence shall be located within such daylighting triangle.
(d)
Within the I zone, no person shall use more than 33% of the area of the front yard
of any lot for parking areas and driveways.
40
4.20
LOADING AREAS
4.20.1 REQUIREMENTS: The owner or occupant or every building or structure to be erected or
used for manufacturing, storage or for any purpose involving the use of vehicles for the
receipt or distribution of materials or merchandise, shall provide and maintain on land that
is not part of a highway and not part of the required parking area, a loading area located
on the same lot with the said building or structure. The said loading area shall contain
loading spaces to the extent at least prescribed in the following schedule and each such
loading space shall be at least 9 metres long (29.53 ft.) and 3 metres (9.84 ft.) wide and
have a vertical clearance of not less than 4 metres (13.12 ft.) with access to a street or
public lane of at least 6 metres (19.69 ft.) in width by means of one or more access
driveways and access ramps.
The following is the schedule referred to:
Floor Area of Building or Structure
Minimum Number of Loading Spaces
Up to and including 300 sq. m
0
Over 300 sq. m but not exceeding 3,700 sq. m
1
Over 3,700 sq. m but not exceeding 9,300 sq. m 2
Over 9,300 sq. m
2 loading spaces plus 1 additional loading
space for each 9,300 sq. m of floor area over
the initial 9,300 sq. m
4.20.2 (DELETED)
4.21
FLOODLIGHTING: No person shall erect or maintain any lighting facility used to illuminate
any building, parking lot, parking area or loading area unless it is so designed and installed
as to ensure that the light is deflected from adjacent buildings and streets.
4.22
SUPPLEMENTARY REGULATIONS FOR CAR WASHES: No person shall use any land
or erect or use any building or structure for the purpose of a car wash except in accordance
with the following regulations:
(a)
Minimum lot frontage, interior lot
33 metres (108.27 ft.)
(b)
Minimum lot frontage, corner lot
38 metres (124.67 ft.)
(c)
Minimum lot depth
38 metres (124.67 ft.)
(d)
Minimum front yard depth
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width
6 metres (19.69 ft.)
(f)
Minimum exterior side yard width
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(h)
Maximum height of building or structure 7.5 metres (24.61 ft.) subject to section 4.27.
41
(i)
Maximum lot coverage
20%
(j)
Minimum landscaped open space
5%
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Waiting Lane: A waiting lane, marked
with
painted
lines,
capable
of
accommodating at least four cars per
bay shall be provided and maintained on
the site, in which cars can wait if the
washing bays are occupied.
4.23
SUPPLEMENTARY REGULATIONS FOR DRIVE-IN RESTAURANTS: No person shall
use any land or erect or use any building or structure for the purpose of a drive-in
restaurant except in accordance with the following regulations:
(a)
Minimum lot frontage
38 metres (124.67 ft.)
(b)
Minimum lot depth
45 metres (147.64 ft.)
(c)
Minimum front yard depth
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
7.5 metres (24.61 ft.)
(e)
Minimum exterior side yard width
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure
7.5 metres subject to section 4.7 (24.61 ft)
(h)
Maximum lot coverage
20%
(i)
Minimum landscaped open space
5%
(j)
Parking and access requirements
in accordance with section 4.19.1
4.24
CONVERSION OF DWELLINGS TO MOTELS: Notwithstanding any other provision of
this By-law, no person shall convert any dwelling to a motel.
4.25
SUPPLEMENTARY REGULATIONS FOR MOTELS: No person shall use any land or
erect or use any building or structure for the purpose of a motel except in accordance with
the following regulations:
(a)
Minimum lot frontage
40 metres (131.23 ft.)
(b)
Minimum lot depth
45 metres (147.64 ft.)
(c)
Minimum front yard depth
3 metres (9.84 ft.) plus any applicable distance
specified in section 4.27.1
(d)
Minimum interior side yard width
(i)
where the side lot line abuts a
residential zone
5 metres (16.40 ft.)
(ii)
where the side lot line does not None required
42
abut a residential zone
(e)
Minimum exterior side yard width
(i)
where the side lot line abuts a
portion of a street, the opposite
side of which portion of the street
abuts a residential zone
5 metres (16.4 ft.) plus any applicable distance
specified in section 4.27.1
(ii)
in all other cases
3 metres (9.84 ft.) plus any applicable distance
specified in section 4.27.1
(f)
Minimum rear yard depth
(i)
for a lot that abuts a residential
zone
5 metres (16.4 ft.) plus any applicable distance
specified in section 4.27.1
(ii)
for a lot that does not abut a
residential zone
in accordance with section 4.27.1, where applicable
(g)
Maximum height of building or structure
10 metres (32.81 ft.) subject to section 4.7
(h)
Minimum landscaped open space
5%, provided that the front yard (less driveway) and
the side yard abutting any side street shall be
maintained as landscaped open space, but no side
yards having a width of less than 4.5 metres (14.76
ft.) may be included in the calculation of the
foregoing 5% minimum
(i)
Minimum number of motel units
No motel shall have less than 20 rentable motel units
(j)
Parking and access requirements:
(i)
in accordance with section 4.19.1
(ii)
no vehicular access to a motel site
shall be provided except through
access
ramps
and
access
driveways
(k)
Through lots: Where the lot is a through
lot, a motel shall be deemed for the
purpose of providing minimum front yard
depth and minimum landscaped open
space to front on each of the streets.
4.25A SUPPLEMENTARY REGULATIONS FOR OUTDOOR PATIOS: No person shall use any
land or erect or use any structure for the purpose of an outdoor patio except in accordance
with the following regulations:
(a)
Maximum capacity
No outdoor patio shall accommodate more than 50% of the allowable capacity of
the facility with which the patio is associated. (2016-03)
(b)
Location
(i)
where any lot line adjoins lands which are in a Residential Zone, no outdoor
patio shall be permitted except as provided in subclause (ii) through (iv)
43
(ii)
notwithstanding the provisions of subclause (i), where only the rear lot line
adjoins a Residential Zone an outdoor patio shall only be permitted in the
front yard
(iii)
where the lot adjoins a Residential Zone, no outdoor patio shall be located
above the elevation of the floor of the first storey of the principal building
(iv)
notwithstanding subclauses (i), (ii), and (iii), nothing in this subclause shall
prevent an outdoor patio from being located in any yard where the adjoining
Residential Zone is separated therefrom by a street or lane.
(c)
Loading
Notwithstanding section 4.20.1, no loading space shall be required for any outdoor
patio associated with a commercial use
(d)
Entertainment
No music (whether performed live or recorded), dancing or other forms of
entertainment shall be permitted on an outdoor patio, except in compliance with
the City's Noise By-law
(e)
Parking
Parking spaces shall be required for the area of an outdoor patio at the same ratio
required for the floor area of the main commercial use to which the patio is
accessory.
4.26
MOBILE HOMES: Subject to sections 19.1.9, 19.1.16 and 19.1.17, no person shall erect
or locate or use or cause to be erected, located or used, a mobile home on any parcel of
land in any zone established by this By-law except on a mobile home site in a RMP Zone.
4.27
ROAD ALLOWANCE REQUIREMENTS - SPECIFIC ROADS (2009-176)
Notwithstanding any other provisions of this By-law, yard requirements adjacent to the
roads listed in Table 1 of this section shall be measured a minimum distance from the
centreline of the original road allowance in accordance with Column D of Table 1.
Notwithstanding any other provisions of this By-law, any portion of a lot adjacent to the
roads listed in Table 1 of this section and located within the minimum distance from the
centreline of the original road allowance in accordance with Column D of Table 1 of this
section shall not be used for parking spaces required under section 4.19.1, loading areas
required under section 4.20.1. and landscaped open space required under any regulations
contained in any section of this By-law.
44
TABLE 1
ROAD ALLOWANCE REQUIREMENTS
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Ailanthus Avenue
McLeod Road
Dunn Street
11.5 m
Alex Avenue
McLeod Road
Crimson Drive
10 m
Allendale Avenue
Ferry Street
Dixon Street
11.5 m
Alpine Drive
Montrose Road
Brookdale Drive
10 m
Badger Road
Charnwood Avenue
Montrose Road
10 m
Baker Road
Lapp Road
East City Limit
11.5 m
Barker Street
Dorchester Road
Main Street
10 m
Beaverdams Road
Thorold Townline Road
Kalar Road
13 m
Beaverdams Road
Kalar Road
Lundy's Lane
11.5 m
Beck Road
Lyons Creek Road
Gonder Road
11.5 m
Beechwood Road
Taylor Road
Brown Road
13 m
Bender Street
Victoria Avenue
Falls Avenue
11.5 m
Biggar Road
West City Limit
Montrose Road
13 m
Bossert Road
Beck Road
King Road
13 m
Bossert Road
King Road
Ort Road
11.5 m
Bossert Road
Ort Road
Niagara Parkway
13 m
Bridge Street*
Stanley Avenue
Victoria Avenue
10.05 m
Bridge Street*
Victoria Avenue
River Road
11.6 m
Brookdale Drive
Thorold Stone Road
Alpine Drive
10 m
Brown Road
West City Limit
Montrose Road
13 m
Buchanan Avenue
Ferry Street
Highway 420
13 m
Buttrey Street
Victoria Avenue
River Road
10 m
Caledonia Street
Dorchester Road
Dunn Street
10 m
Canadian Drive
Montrose Road
Pin Oak Road
11.5 m
Cardinal Drive
Montrose Road
Thorold Stone
Road
11.5 m
Carl Road
McCredie Rd
West City Limit
10 m
Caronpost Road
Willoughby Drive
East City Limit
10 m
Casey Street
Dorchester Road
Harriman Street
10 m
Catalina Street
Kalar Road
Pitton Road
10 m
Cattell Drive
Willoughby Drive
East City Limit
10 m
Charnwood Avenue
Montrose Road
Montrose Road
10 m
Chippawa Creek
Road*
West City Limit
Montrose Road
13.1 m
Chippawa Parkway
Dorchester Road
Stanley Avenue
13 m
Chippawa Parkway
Stanley Avenue
Portage Road
11.5 m
Church's Lane
St. Paul Avenue
Whirlpool Road
11.5 m
Clark Avenue
Ferry Street
Robinson Street
13 m
45
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Clifton Hill
Victoria Avenue
River Road
11.5 m
Corwin Crescent
Stokes Street
Lundy's Lane
10 m
Crimson Drive
Drummond Road
Alex Avenue
10 m
Crowland Avenue
Grassy Brook Road
Netherby Road
11.5 m
Cummington Square
Front Street
Main Street
13 m
Dell Road
Lyons Creek Road
Rexinger Road
11.5 m
Delta Drive
Montrose Road
Montrose Road
10 m
Detenbeck Road
Ort Road
Niagara Parkway
11.5 m
Dixon Street
Drummond Road
Allendale Avenue
11.5 m
Dixon Street
Allendale Avenue
Fallsview
Boulevard
13 m
Don Murie Street
Stanley Avenue
West Limit
13 m
Dorchester Road
Chippawa Parkway
Oldfield Road
13 m
Dorchester Road
Oldfield Road
McLeod Road
11.5 m
Dorchester Road
Mountain Road
McLeod Road
13 m
Drummond Road
Thorold Stone Road
McLeod Road
13 m
Dunn Street
Dorchester Road
Drummond Road
10 m
Dunn Street
Drummond Road
Stanley Avenue
13 m
Dunn Street
Stanley Avenue
Fallsview
Boulevard
13 m
Earl Thomas Avenue
Progress Street
Don Murie Street
13 m
Ellen Avenue
Ferry Street
Walnut Street
10 m
Falls Avenue
Rainbow Bridge
Clifton Hill
10 m
Falls Avenue
Stanley Avenue
Rainbow Bridge
20.6 m
Fallsview Boulevard
Ferry Street
Portage Road
13 m
Fallsview Boulevard
Portage Road
Livingstone Street
13 m
Ferguson Street
Victoria Avenue
River Road
10 m
Ferry Street
Stanley Avenue
Victoria Avenue
13 m
Ferry Street*
Main Street
Stanley Avenue
11.6 m
Forsythe Street
Stanley Avenue
Lewis Avenue
10 m
Frederica Street
Dorchester Road
Drummond Road
10 m
Gallinger Street
Drummond Road
Portage Road
21.5m
Garner Road
Mountain Road
Chippawa Creek
Road
13 m
Glengate Street
Drummond Road
Pettit Avenue
10 m
Gonder Road
Montrose Road
Beck Road
11.5 m
Grassy Brook Road
Montrose Road
West Limit
11.5 m
Harriman Street
Harte Circle
Dorchester Road
10 m
Harvard Avenue
Wiltshire Boulevard
Oxford Street
10 m
Heartland Forest
Road
Brown Road
Chippawa Creek
Road
13 m
Hiram Street
River Road
Ontario Avenue
11.5 m
Huron Street
Victoria Avenue
Ontario Avenue
10 m
46
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Jubilee Drive
McLeod Road
Dorchester Road
10 m
Kalar Road*
Mountain Road
Montrose Road
13.1m
Kalar Road
Montrose Road
Thorold Stone
Road
13 m
Kalar Road
Thorold Stone Road
McLeod Road
15 m
Kalar Road
McLeod Road
Brown Road
13 m
King Road
Bossert Road
Baker Road
13 m
Kister Road
Ramsey Road
Chippawa Parkway
13 m
Kitchener Street
Victoria Avenue
Portage Road
10 m
Koabel Road
Montrose Road
Willodell Road
13 m
Lapp Road
Baker Road
South City Limit
13 m
Lemon Road
Montrose Road
Willodell Road
11.5 m
Lewis Avenue
Forsythe Street
Kitchener Street
10 m
Lincoln Street
Crowland Avenue
West Limit
11.5 m
Livingstone Street
Stanley Avenue
Fallsview
Boulevard
13 m
Logan Road
Beck Road
Ort Road
11.5 m
Lundy's Lane(Hwy
#20)*
West City Limit
Garner Road
17.5 m
Lundy's Lane(Hwy
#20)*
Garner Road
Main Street
13.1 m
Lyon's Creek Road*
Montrose Road
Sodom Road
13.1 m
Main Street
(Chippawa)
Willoughby Drive
Niagara Parkway
11.5 m
Main Street
(Chippawa)
Sodom Road
Willoughby Drive
13 m
Main Street
Fallsview Boulevard
Summer Street
11.5 m
Marineland Parkway
Stanley Avenue
Portage Road
13 m
Marineland Parkway*
McLeod Road
Stanley Avenue
15.25 m
Marshall Road
Willodell Road
Niagara Parkway
11.5 m
Matthews Drive
Mount Carmel
Boulevard
Montrose Road
11.5 m
Mayfair Drive
Sinnicks Avenue
Swayze Drive
10 m
McCourt Road
Willodell Road
Beck Road
11.5 m
McCredie Road
Carl Road
Willodell Road
11.5 m
McGarry Drive
Kalar Road
West Limit
11.5 m
McKenney Road
Grassy Brook Road
Young Road
11.5 m
McKenney Road
Schisler Road
Netherby Road
11.5 m
McLeod Road*
Oakwood Drive
Marineland
Parkway
15.25 m
McLeod Road
Thorold Townline Road
Montrose Road
15 m
McRae Street
Stanley Avenue
Victoria Avenue
10 m
Mewburn Road
Mountain Road
Scholfield Street
10 m
47
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Mewburn Road
Mountain Road
North City Limit
13 m
Miller Road
Sodom Road
Niagara Parkway
11.5 m
Misener Road
Carl Road
Schisler Road
11.5 m
Misener Road
Yokom Road
Netherby Road
11.5 m
Montrose Road*
Mountain Road
McLeod Road
13.1 m
Montrose Road*
McLeod Road
Welland River
15.25 m
Montrose Road*
Welland River
South City Limit
13.1 m
Morningstar Road
King Road
Sodom Road
11.5 m
Morris Road
Lincoln Street
Netherby Road
13 m
Morris Road
Grassy Brook Road
Schisler Road
13 m
Morrison Street
Montrose Road
Dorchester Road
15 m
Morrison Street
Dorchester Road
Stanley Avenue
13 m
Morrison Street
Stanley Avenue
Victoria Avenue
10 m
Mount Carmel
Boulevard
Kalar Road
Montrose Road
11.5 m
Mountain Road*
Taylor Road
Portage Road
13.1 m
Murray Street
Drummond Road
Allendale Avenue
11.5 m
Murray Street
Allendale Avenue
River Road
13 m
Netherby Road*
West City Limit
Montrose Road
15.25 m
Niagara Townline
Road*
St. Paul Avenue
Stanley Avenue
13.1m
North Street
Drummond Road
Stanley Avenue
11.5 m
North Street
Stanley Avenue
Buchanan Avenue
13 m
O'Neil Street
Dorchester Road
Portage Road
10 m
Oakwood Drive
McLeod Road
Montrose Road
11.5 m
Old McLeod Road
Ailanthus Avenue
East City Limit
11.5 m
Olden Avenue
Mountain Road
Casey Street
10 m
Oldfield Road
Dorchester Road
Drummond Road
13 m
Ontario Avenue
Park Street
Palmer Avenue
10 m
Ontario Avenue
Hiram Street
Bender Street
10 m
Ort Road
Bossert Road
Baker Road
11.5 m
Oxford Street
Harvard Avenue
Dorchester Road
10 m
Paddock Trail Drive
Kalar Road
Brookdale Drive
10 m
Palmer Avenue
Ontario Avenue
Bender Street
10 m
Park Street
Victoria Avenue
River Road
10 m
Pettit Avenue
Dorchester Road
Glengate Street
10 m
Pin Oak Drive
McLeod Road
South Limit
13 m
Pitton Road
Catalina Street
Westwood Street
10 m
Portage Road*
Stanley Avenue
Mountain Road
13.1 m
Portage Road
Mountain Road
O'Neil Street
11.5 m
Portage Road
Thorold Stone Road
O'Neil Street
13 m
Portage Road
Thorold Stone Road
Gallinger Street
10 m
Portage Road
Summer Street
Gallinger Street
11.5 m
48
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Portage Road
Fallsview Boulevard
Marineland
Parkway
13 m
Portage Road
Marineland Parkway
Front Street
13 m
Preakness Street
Paddock Trail Drive
Montrose Road
11.5 m
Preston Avenue
Paddock Trail Drive
Brookdale Drive
10 m
Progress Street
Stanley Avenue
West Limit
13 m
Queen Street
Victoria Avenue
River Road
11.5 m
Ramsey Road
Stanley Avenue
Kister Road
13 m
Rexinger Road
West Limit
Lyons Creek Road
11.5 m
Rexinger Road
Stanley Avenue (West)
Ort Road
11.5 m
Riall Street
Dorchester Road
St. Paul Avenue
10 m
Ridge Road
Montrose Road
West Limit
11.5 m
Robinson Street
Allendale Avenue
Queen Victoria
Park
13 m
Sarah Street
Main Street
East Limit
10 m
Sauer Road
Willodell Road
Sodom Road
13 m
Schaubel Road
Schneider Road
South Limit
11.5 m
Schihl Road*
Netherby Road
South City Limit
13.1 m
Schisler Road*
West City Limit
Misener Road
15.25 m
Schisler Road*
Misener Road
Montrose Road
13.1 m
Schisler Road
Montrose Road
Beck Road
13 m
Schneider Road
Montrose Road
Schaubel Road
11.5 m
Sherk Road
King Road
Ort Road
11.5 m
Sherk Road
Sodom Road
Niagara Parkway
11.5 m
Sinnicks Avenue
Thorold Stone Road
Mayfair Drive
10 m
Sodom Road*
South City Limit
Lyon's Creek Road
13.1 m
Somerville Road
Sodom Road
Niagara Parkway
11.5 m
St. Paul Avenue
O'Neil Street
Mountain Road
13 m
St. Paul Avenue*
Mountain Road
North City Limit
13.1 m
Stanley Avenue*
Niagara Townline
Road
Highway 420
13.1 m
Stanley Avenue*
Highway 420
Lyon's Creek Road
15.25 m
Stanley Avenue
Lyon's Creek Road
Marshall Road
13 m
Swayze Drive
Portage Road
Stanley Avenue
11.5 m
Taylor Road*
Thorold Townline Road
North City Limit
13.1 m
Thorold Stone Road*
West City Limit
Garner Road
21 m
Thorold Stone Road*
Garner Road
Stanley Avenue
13.1 m
Thorold Townline
Road*
Brown Road
North City Limit
13.1 m
Valley Way
Drummond Road
Queen Street
11.5 m
Victoria Avenue
Ferry Street
Highway 420
13 m
Victoria Avenue
Bridge Street
Niagara Parkway
13 m
Watson Street
Montrose Road
Beaverdams Road
10 m
49
Column A
Column B
Column C
Column D
ROAD
FROM
TO
MINIMUM DISTANCE FROM
CENTRELINE OF ORIGINAL
ROAD ALLOWANCE
Weaver Road
Ort Road
Niagara Parkway
13 m
Weinbrenner Road
Sodom Road
Willoughby Drive
11.5 m
Westwood Avenue
Charnwood Avenue
Kalar Road
10 m
Whirlpool Road
Stanley Avenue
Niagara River
Pkwy
11.5 m
Willick Road
Ort Road
Willoughby Drive
11.5 m
Willodell Road
Lyons Creek Road
Schneider Road
11.5 m
Willoughby Drive
Cummington Square
Weaver Road
13 m
Willoughby Drive
Weaver Road
Somerville Road
11.5 m
Woodbine Street
Kalar Road
Montrose Road
11.5 m
Woodgate Street
Dorchester Road
Olden Avenue
10 m
Yokom Road
Montrose Road
West Limit
11.5 m
Young Road
Montrose Road
West Limit
11.5 m
*Denotes Regional Road
4.28
CONVERSION OF DWELLINGS IN COMMERCIAL ZONES. No person shall in any
commercial zone erect any addition in front of a building used or to be used for any
commercial purpose if such building is a dwelling or was formerly a dwelling which had
been altered, extended or enlarged for use for any commercial purpose.
4.29
EXISTING AUTOMOBILE SERVICE STATIONS AND GASOLINE BARS:
Notwithstanding that an automobile service station and a gasoline bar are not permitted
uses in any NC or GC Zone, a building on a lot in any such zone which was lawfully used
for the purpose of an automobile service station or a gasoline bar on the day of the passing
of this By-law may be altered, renovated or reconstructed and the use of such altered,
renovated or reconstructed building and such lot for the purpose of an automobile service
station or a gasoline bar continued provided that, subject to section 4.29.1, (81-62 #44)
(i)
in the case of an automobile service station, all the regulations in section 8.9.2 for
automobile service stations in AS Zones shall apply to such automobile service
station and shall be complied with,
(ii)
in the case of a gasoline bar, all of the regulations in section 8.9.3 for gasoline bars
in AS Zones shall apply to such gasoline bar and shall be complied with.
4.29.1 If the lot referred to in section 4.29 has either or both a lesser lot frontage or a lesser lot
depth than the minimum required in section 8.9.2 in the case of an automobile service
station or the minimum required in section 8.9.3 in the case of a gasoline bar, the minimum
lot frontage and lot depth regulations in the said sections shall not apply to prevent the
alteration, renovation or reconstruction and use which would otherwise be permitted under
section 4.29 provided that the whole of such lot continues to be used for the purpose of
50
an automobile service station or a gasoline bar, as the case may be.
4.30
LANDS WITHIN AN AREA OF DEVELOPMENT CONTROL OF THE NIAGARA
ESCARPMENT PLANNING AREA: As long as and to the extent that any land within any
Zone established by section 3 of this By-law is within an area of development control
designated by a regulation made under The Niagara Escarpment Planning and
Development Act, 1973, the provisions of this By-law shall be subject to any regulation
made under the said Act.
4.31
EXCEPTIONS AND SPECIAL PROVISIONS IN SECTION 19 TO GOVERN: All other
provisions of this By-law shall be subject to the exceptions and special provisions
contained in Section 19 and where there is any conflict between such other provisions and
the exceptions and special provisions in Section 19, the latter shall govern.
4.32
MINIMUM DISTANCE SEPARATION FORMULA: Notwithstanding any other provisions
of this by-law, the distances between livestock facilities and dwellings or other habitable
structures shall be governed by the Minimum Distance Separation Formulae including any
revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural
Affairs and: (2007-156)
(i)
where the regulations respecting required yards and minimum lot area in any zone
established by this by-law are less than those which are required under the
Minimum Distance Separation Formula, where it applies, the latter shall govern
and the regulations in this by-law shall be deemed to be amended insofar as is
necessary to give effect to the Minimum Distance Separation Formulae;
(ii)
where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not
be applied when the dwelling is rebuilt, provided it is built no closer to livestock
facilities than before the catastrophe;
(iii)
where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS
II will not be applied when the livestock facility is rebuilt, provided it is built no closer
to surrounding land uses and lot lines than before the catastrophe and the impact
of the livestock facility has not increased by any enlargement of the operation;
(iv)
where a new or expanding livestock facility is proposed, non-active cemeteries, as
designated by the City, shall be treated as a Type A land use under MDS II;
(v)
where a dwelling is to be constructed on an existing lot of record, the setback
requirements of MDS I shall apply; and
(vi)
where a new dwelling is to be constructed on a new lot, the minimum setback
between any existing livestock operations and the new dwelling shall be 304.8
metres or the distance determined by the MDS formula, whichever is greater.
4.33
TENTS AND AIR-SUPPORTED STRUCTURES: Subject to section 4.33.2 and subject to
compliance with the Building Code Act, 1974 and the regulations made thereunder, every
building or structure to be erected within any commercial zone except a CE Zone shall be
of the permanent type of construction.
51
4.33.1 No person shall within any commercial zone except a CE Zone erect a tent or an air-
supported structure.
4.33.2 Subject to the Building Code Act, and the regulations made thereunder, sections 4.33 and
4.33.1 shall not apply to prevent the following:
(a)
the erection of an air-supported structure which is to be used only for the purpose
of a shelter for a swimming pool or tennis court on any lot within and in compliance
with a commercial zone; (2002-061)
(b)
the erection and use of a tent, trailer and/or recreational vehicle which is used by
the operators of a circus, carnival or carousel for a maximum period of 10 days;
(c)
the erection and use of a tent for a ground breaking ceremony, business opening,
special occasion or special sale of goods or merchandise, for a maximum of 3
separate occasions in a 12-month period, subject to a maximum duration of 10
days, exclusive of set-up time, per occasion, in conjunction with a legally
established or permitted use on the property; and
(d)
the erection and use of a tent for the seasonal sale of flowers, plants, shrubs, trees
and other garden materials and landscape products, for a maximum period of 90
days and limited to one occasion in a 12 month period, in conjunction with a legally
established or permitted use on the property and in compliance with the zoning on
the property.
4.33.3 For the purpose of sections 4.33, 4.33.1 and 4.33.2,
(a)
"air-supported structure" means a structure consisting of a pliable membrane
which achieves and maintains its shape and support by internal air pressure;
(b)
"permanent type of construction" means a type of construction in which the exterior
walls of a building or structure consist of brick, stone, architectural reinforced
concrete, profile type concrete masonry units, glass and metal combinations,
colour coated metal, ceramic or glazed tile, colour coated block, wood, wood
veneered with brick, stone or stucco, any combination of the foregoing or such
other exterior walls as may be permitted in the Regulations made under The
Building Code Act, 1974 but does not include a tent or an air-supported structure;
(c)
"tent" means a shelter or structure the covering of which is made of pliable material.
4.34
DRIVE-THROUGH FACILITIES: A drive-through facility is permitted in a NC Zone, a GC
Zone, a SC Zone, a TC Zone and an AS Zone and shall be separated from the boundary
of a residential zone by a minimum perpendicular distance of 10 metres, measured from
the speaker box. (2011-136)
4.35
LICENSED CANNABIS PRODUCTION FACILITIES AND DESIGNATED MEDICAL
GROWTH OF CANNABIS: (2022-045)
52
(a)
Licensed Cannabis Production Facilities and Designated Medical Growth of
Cannabis must be wholly enclosed in a building;
(b)
Licensed Cannabis Production Facilities and Designated Medical Growth of
Cannabis must be located a minimum of 500 metres from any sensitive land use;
(c)
Notwithstanding subsection (b), the 500 metre separation distance is not required
to an existing dwelling on the same lot as the Licensed Cannabis Production
Facilities and Designated Medical Growth of Cannabis;
(d)
Outdoor storage or cultivation for Licensed Cannabis Production Facilities and
Designated Medical Growth of Cannabis is prohibited;
(e)
Licensed Cannabis Production Facilities cannot be contained, either in whole or in
part, within a dwelling; and
(f)
No Licensed Cannabis Production Facilities and Designated Medical Growth of
Cannabis shall emit any cannabis odour outside of a building.
4.36
FARM PRODUCE OUTLET: Notwithstanding any other provisions of this by-law to the
contrary, a farm produce outlet is permitted in accordance with the following regulations:
(2016-105)
(a)
Notwithstanding clause 4.13(a), a farm produce outlet may be erected in a front
yard, rear yard, side yard, and exterior yard of a lot;
(b)
Subject to section 4.27, a farm produce outlet may be erected in a front yard, rear
yard, side yard, and exterior yard provided it shall not be located less than 3 metres
from the front, interior, and exterior lot line, and 7.5 metres from the rear lot line;
(c)
The maximum floor area of a farm produce outlet is 20 square metres;
(d)
The maximum building height of a farm produce outlet is 3 metres;
(e)
A minimum of 1 parking space is required;
(f)
All the other provisions of the zone apply.
4.37
BED AND BREAKFAST: a bed and breakfast shall comply with the following provisions:
(2018-91)
(a)
A bed and breakfast must be located in the dwelling or dwelling unit that is the
primary residence of the owner;
(b)
The maximum number of guest rooms permitted in a bed and breakfast in a
dwelling or dwelling unit in a R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC,
DTC, A, R and DH zone shall be 3;
(c)
The maximum number of guest rooms permitted in a bed and breakfast in a
dwelling or dwelling unit in a GC, CB and TC zone shall be 6;
(d)
A bed and breakfast shall require a licence issued by the City of Niagara Falls and
the municipal licence of a bed and breakfast must be kept current and maintained
in good standing;
(e)
The maximum number of guests permitted to stay in a guest room shall be in
accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c.
23, as amended, and the regulations promulgated thereunder;
53
(f)
Subject to clause (g) of section 4.37, every reference to a zone in clauses (b) and
(c) of section 4.37 shall be deemed to include any zone described in section 19 of
the by-law that is derived from the zones listed in clauses (b) and (c) of section
4.37;
(g)
Existing tourist homes and any other permitted uses that fall within the ambit of the
definition of a bed and breakfast as set out in this by-law shall henceforth be
referred to as a bed and breakfast, but in all other respects shall continue to be
governed by the site specific regulations that govern their permitted use on the
effective date of this amendment to the by-law;
(h)
Parking and access requirements shall be in accordance with section 4.19.1.
4.38
VACATION RENTAL UNIT: a vacation rental unit shall comply with the following
regulations: (2018-92)
(a)
The maximum number of bedrooms permitted in a vacation rental unit in an
existing detached dwelling or dwelling unit in a TC, GC, and CB zone shall be 3;
(b)
A vacation rental unit shall be licenced by the City of Niagara Falls and the
municipal licence of a vacation rental unit must be kept current and maintained in
good standing;
(c)
The maximum number of travelers permitted to stay in an existing detached
dwelling or dwelling unit used as a vacation rental unit shall be in accordance with
the requirements of the Building Code Act, 1992, S. O. 1992, c.23, as amended,
and the regulations promulgated thereunder;
(d)
Subject to clause (e) of section 4.38, any and every reference to a zone in clause
(a) of section 4.38 shall be deemed to include any zone described in section 19 of
the by- law that is derived from the zones listed in clause (a) of section 4.38;
(e)
Existing cottage rental dwellings and any other permitted uses that fall within the
ambit of the definition of a vacation rental unit as set out in this by-law shall
henceforth be referred to as a vacation rental unit, but in all other respects shall
continue to be governed by the site specific regulations that govern their permitted
use on the effective date of this amendment to the by-law;
(f)
Parking and access requirements shall be in accordance with section 4.19.1.
4.39 BICYCLE PARKING: bicycle parking enclosures shall only be required for buildings or
portions of buildings that were not existing on the effective date of the By-law and shall be
provided in accordance with the following: (2021-40)
(i)
Bicycle parking shall be provided at a rate of 0.5 spaces/dwelling unit for apartment
dwellings and 1 space/500m² of floor area for non-residential uses.
(ii)
Short-term bicycle parking shall be provided at a rate of 2 spaces per apartment
dwellings with 20 units or less, and at a rate of 6 spaces per apartment dwelling
having more than 20 dwelling units. Non-residential uses shall provide 1
space/500m² of gross leasable floor area.
54
(iii)
A bicycle parking space shall be located within a building, structure, enclosure
and/or bicycle locker.
(iv)
A bicycle parking space shall be a minimum of 1.8 metres in length, a minimum of
0.6 metres in width, and overhead clearance in covered spaces shall be a
minimum of 2.1 metres.
(v)
Notwithstanding subsection (iii) above, where a bicycle parking space provides for
vertical storage of a bicycle, the minimum length may be reduced to 1.2 metres.
(vi)
Notwithstanding subsections (i) and (iii), where a bicycle parking space is located
within a bicycle locker, overhead clearance shall not be required.
(vii)
A bicycle parking space shall abut an access aisle which shall be a minimum of
1.5 metres in width.
4.40 NIGHTCLUBS: nightclubs, where permitted in a zone shall be subject to the following
regulations: (2021-40)
(i)
A nightclub shall be separated from another nightclub or licensed establishment
by a minimum distance of 100 metres measured from premises to premises.
(ii)
A nightclub shall be separated from the boundary of a Residential Zone by a
minimum distance of 45 metres.
(iii)
Parking for a nightclub shall be provided at a rate of 1 parking space for each 5
persons that can be lawfully accommodated therein at any one time.
4.41
COMMUNITY GARDEN: Nothing in this by-law shall prevent the use of any land for a
community garden, save and except for land within an EPA or HL zone. (2022-094)
4.42 TECHNICAL REVISIONS TO BY-LAW NO. 79-200: Revisions may be made to By-law
No. 79-200 without the need for a Zoning By-law Amendment in the following cases:
(2022-095)
(a)
Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the regulation;
(b)
Changes to references to a street name, where Council of the Corporation of the
City of Niagara Falls or the Regional Municipality of Niagara has passed a by-law
to change the street name;
(c)
Adding or revising technical information on maps or schedules which does not
change the zoning of the lands or amend a zoning boundary including, but not
limited to, addition of or modifications to streets, modifications to street names,
legends, scales or title blocks;
(d)
Changes to table of contents, headings, marginal notes, page numbering, footers
and headers, which do not form part of this By-law and are inserted or modified for
convenience of reference only.
4.43 MEASUREMENTS: All measurements of length, area or height used in this By-law shall
be subject to the normal rules of rounding numbers, within the degree of precision
specified by the number of units following the decimal point (if any) so that: (2022-095)
55
(a)
For a whole number measurement of less than 0.5 shall be rounded downward to
the next whole unit
(b)
For a whole number, measurements of 0.5 or greater shall be rounded upward to
the next whole unit
(c)
For a number having one decimal place, measurements of less than 0.05 shall be
rounded downward to the next one-tenth unit
(d)
For a number having one decimal place, measurements of 0.05 and greater shall
be rounded upward to the next one-tenth unit.
4.44 AMENITY AREAS FOR APARTMENT DWELLINGS (2022-095)
4.44.1 Within the R4, R5A, R5B, R5C, R5D, R5E and R5F zones a minimum amenity area of 20
square metres per dwelling unit shall be provided.
4.44.2. Section 4.44.1 shall not apply to an apartment dwelling for which, prior to By-law No. 2022-
095 coming into force, a complete application for amendment to the zoning by-law has
been made under Section 34(10.2) of the Planning Act, R.S.O. 1990, has submitted
drawings under Section 41(4) of the Planning Act, R.S.O.1990 or for which an amendment
to the zoning by-law has come into effect under Sections 34(21) or (30) of the Planning
Act, R.S.O. 1990.
56
SECTION 5 - GENERAL PROVISIONS FOR RESIDENTIAL ZONES
5.1
SIDE YARDS: Notwithstanding the regulations for side yards in section 7 of this By-law
but subject to section 4.27.1,
(a)
where no private garage or carport is to be attached to and erected at the same
time as a detached dwelling, there shall be a side yard of not less than 2.4 metres
(7.87 ft.) on one side of such one detached dwelling which may be used as a
driveway and, subject to the other applicable provisions of this By-law, for the
parking or storing of motor vehicles,
(b)
where private garages or carports are not to be attached to both exterior sides of
a semi-detached dwelling or to both sides of a duplex dwelling and are not to be
erected at the same time as such semi-detached dwelling or duplex dwelling, there
shall be a side yard of not less than 2.4 metres (7.87 ft.) provided on each exterior
side of such semi-detached dwelling to which a private garage or carport is not to
be attached and on each side of such duplex dwelling to which a private garage or
carport is not to be attached, each of which such side yards may be used as a
driveway and, subject to the other applicable provisions of this By-law, for the
parking or storing of motor vehicles,
(c)
nothing in this By-law shall be deemed to require a side yard between the 2
dwelling units of a semi-detached dwelling;
(d)
the severance by conveyance or otherwise of one dwelling unit of a semi-detached
dwelling or a townhouse dwelling and the land appurtenant to such dwelling unit
without a side yard between it and the remaining dwelling unit and land
appurtenant thereto shall not be deemed a contravention of the side yard
requirements of this By-law.
5.2
DRIVEWAYS: In the case of corner lots in all R1A, R1B, R1C, R1D, R1E, R1F, R2 and
R3 Zones, no part of an access ramp for a driveway shall be located within the curved
portion of the edge of the roadway at the intersection of streets.
5.3
UNDERSIZED LOTS: Where a lot in any residential zone having a lesser lot area, and/or
lot frontage than that required under this By-law is held under distinct and separate
ownership from all abutting lands as shown by a registered conveyance in the records of
the Land Registry Office at the date of the passing of this By-law or is created as a result
of an expropriation, nothing contained in this By-law shall prevent the erection of a
detached dwelling on such lot provided that the provisions of section 4.27.1 and the yards,
lot coverage, floor area and height provisions of the zone in which such lot is situated and
all requirements of the Niagara Regional Health Unit are complied with, and provided
further that the minimum lot area and the minimum lot frontage are: (93-284, 81-79 #18)
(i)
370 square metres (3,982.78 sq. ft.) and 12 metres (39.37 ft.), respectively, if such
lot is served by public water supply and a sanitary sewer or
(ii)
690 square metres (7,427.34 sq. ft.) and 22 metres (72.18 ft.), respectively, if such
lot is served by public water supply only, or
57
(iii)
1,400 square metres (15,069.97 sq. ft.) and 45 metres (147.64 ft.), respectively, if
neither public water supply nor a sanitary sewer is available for such lot
All other provisions of the zone in which such lot is located shall apply.
5.4
CONVERSIONS IN R4 AND R5 ZONES: In all R4, R5A, R5B, R5C, R5D, R5E and R5F
zones, a dwelling which is existing at the date of the passing of this By-law and which had
been erected initially as a detached dwelling may be converted to provide two or more
dwelling units therein provided
(a)
each of such dwelling units has a minimum floor area of 55 square metres (592.02
sq.ft.), including common halls, stairways and other such space,
(b)
no such dwelling is converted to provide for more than one dwelling unit for each
150 square metres (1,614.6 ft.) of lot area,
(c)
the external appearance and character of such dwelling is preserved and no
addition or extension to the building is made, except to provide a secondary means
of exit, and
(d)
all the relevant provisions of this By-law applying to the zone in which such dwelling
is situated with respect to yards, parking areas and landscaped open space,
applicable to the number of dwelling units therein, are complied with.
5.5
HOME OCCUPATIONS: Home occupations are permitted in R1A, R1B, R1C, R1D, R1E,
R1F, and R2 zones and in detached dwellings and dwelling units of semi-detached
dwellings and duplex dwellings in R3, R4, R5A, R5B, R5C, R5D, R5E, R5F, TRM, DC,
DTC, DH, and PH zones provided (98-117, 2018-42)
(a)
the occupation is carried on entirely within the dwelling or dwelling unit only by the
occupants residing in such dwelling or dwelling unit,
(b)
no person, other than the occupants is engaged or acts as an employee, assistant
or helper within the dwelling or dwelling unit,
(c)
no person, other than the occupants is engaged in canvassing, delivering or as a
go-between in distributing merchandise to customers,
(d)
no more than 20% of the total floor area of the dwelling or dwelling unit is used for
the home occupation,
(e)
no home occupation or associated storage is carried out in any accessory building
or accessory structure,
(f)
there is no sign, notice or any other visible indication from the exterior that a home
occupation is being carried on in the dwelling or dwelling units,
(g)
no goods, wares or merchandise are offered or exposed for sale or sold or kept for
sale upon the premises,
(h)
no goods are stored outside the dwelling or dwelling units, and
(i)
no mechanical or other equipment is used except as in customarily employed in a
dwelling for household purposes or for a purpose normal to or reasonably
consistent with the use of a dwelling as such.
58
5.6
ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL ZONES:
No person shall use any land in a residential zone for vehicular access to or from any land
in a commercial or industrial zone.
5.7
SPECIAL BUILDING SETBACK: Notwithstanding the yard requirements of this By-law but
subject to section 4.27.1, in any residential zone where a proposed building or structure
is to be erected on an interior lot between 2 buildings or structures, existing on the day
By-law No. 2022-095 comes into force, on lots which have their front lot lines on the same
street and in the same block and are distant from each other not more than 45 metres, no
part of such proposed building or structure shall be erected on such interior lot closer to
the front lot line thereof than the average of the shortest distance between the nearest
main wall of each such existing building or structure and the front lot line of the lot on which
such existing building or structure is located. (2022-095)
5.8
EXISTING PLACES OF WORSHIP: Notwithstanding that a place of worship is not a
permitted use in any residential zone, a building on a lot in any residential zone which was
lawfully used for the purpose of a place of worship on the day of the passing of this By-
law may be altered, renovated, or reconstructed and the use of such altered, renovated
or reconstructed building and such lot for the purpose of a place of worship continued
provided that all of the regulations in section 9.2 of this By-law which apply to a place of
worship in an I Zone shall apply to such building and lot in a residential zone and shall be
complied with.
5.9
SPECIAL PROVISIONS FOR A GROUP HOME TYPE 1: Any building used for the
purpose of a group home type 1 shall comply with all the regulations which apply to the
zone in which such group home type 1 is located. (2011-136)
5.10 MODEL HOMES: Model homes shall be permitted in all R1A, R1B, R1C, R1D, R1E, R1F,
R2 and R3 zones subject to the following provisions
(i)
the lands on which the model homes are to be constructed have received draft
plan approval under the Planning Act and all appropriate agreements have been
executed; (2008-148)
(ii)
a model home shall comply with the provisions of the zone in which it is located
and the regulations of this By-law such that it will comply upon registration of the
plan of subdivision; and
(iii)
the number of model homes in any draft approved plan of subdivision shall not
exceed the lesser of ten (10) dwelling units or ten percent (10%) of the total number
of lots.
5.11 Deleted by By-law No. 2018-91.
5.12 SECOND UNITS INTERIOR TO THE PRIMARY DWELLING UNIT: One second unit is
permitted per lot within the primary building that is a detached dwelling, semi-detached
dwelling or an on street townhouse dwelling in a R1A, R1B, R1C, R1D, R1E, R1F, R2 and
59
R3 zone, subject to the following provisions: (2018-43)
(a)
The primary dwelling unit or second unit is occupied by the owner of the lot;
(b)
The floor area of the second unit shall not exceed 40% of the floor area of the
primary dwelling unit, excluding any attached garage; and
(c)
One parking space shall be provided for the occupant of the second unit in addition
to the parking space required for the primary dwelling.
5.13 SECOND UNITS WITHIN ACCESSORY BUILDINGS: One second unit is permitted within
an accessory building, notwithstanding the definition "accessory building", on any lot
zoned R1A, R1B, R1C, R1D, R1E, R1F, R2 AND R3 provided the primary dwelling of a
detached dwelling, semi-detached dwelling or an on street townhouse dwelling on the lot
does not contain a second unit, and subject to the following provisions:
(a)
The primary dwelling unit or second unit is occupied by the owner of the lot;
(b)
The floor area of the second unit shall not exceed 40% of the floor area of the
primary dwelling;
(c)
One parking space shall be provided for the occupant of the second unit within an
accessory building in addition to the parking space required for the primary
dwelling;
(d)
The height of an accessory building containing a second unit shall not exceed 7
metres, but in no event shall any part of the walls or supporting posts, excluding
any gable or dormer, exceed 5.5 metres in height; and
(e)
The accessory building containing a second unit shall be a minimum of 1.2 metres
from the rear and side lot lines, save and except for unsupported canopies, eaves
or gutters which may project a distance of not more than 0.45 metres into this
setback.
(f)
No roofed-over porch or deck shall be closer than 1.2 metres from the rear lot line.
60
SECTION 6 - SITE PLAN CONTROL
6.1
INTERPRETATION: In section 6.2, "development" means the construction, erection or
placing of one or more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of substantially increasing the size
or usability thereof, or the laying out an establishment of a commercial parking lot.
6.2
DEVELOPMENT IN SITE PLAN CONTROL AREAS: Where any area of the City of
Niagara Falls to which this By-law applies has been designated as a site plan control area
by a by-law passed under section 35a of The Planning Act as enacted by The Planning
Amendment Act, 1979, in addition to complying with the provisions of this By-law every
person undertaking any development in such site plan control area shall also comply with
the provisions of said section 35a and the requirements of The Corporation of the City of
Niagara Falls made in accordance with said section 35a.
6.1
INTERPRETATION: In section 6.2, "development" means the construction, erection or
placing of one or more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of substantially increasing the size
or usability thereof, or the laying out an establishment of a commercial parking lot.
6.2
DEVELOPMENT IN SITE PLAN CONTROL AREAS: Where any area of the City of
Niagara Falls to which this By-law applies has been designated as a site plan control area
by a by-law passed under section 35a of The Planning Act as enacted by The Planning
Amendment Act, 1979, in addition to complying with the provisions of this By-law every
person undertaking any development in such site plan control area shall also comply with
the provisions of said section 35a and the requirements of The Corporation of the City of
Niagara Falls made in accordance with said section 35a.
61
SECTION 7 - RESIDENTIAL ZONES
7.1
RESIDENTIAL 1A DENSITY ZONE (R1A ZONE).
7.1.1 PERMITTED USES: No person shall within any R1A Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(d)
A group home type 1 (2009-176)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.1.2 REGULATIONS: No person shall within any R1A Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
800 square metres (8,611 sq. ft.)
(b)
Minimum lot frontage
21 metres (68.9 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth (2011-136)
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width,
1.2 metres (3.9 ft.) subject to the provisions
of clause a of section 5.1,
(f)
Minimum exterior side yard width
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Maximum number of detached
dwellings on one lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
(2008-148)
30% of the lot area
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7.2 RESIDENTIAL 1B DENSITY ZONE (R1B ZONE).
7.2.1 PERMITTED USES: No person shall within any R1B Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(d)
A group home type 1 (2009-176)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.2.2 REGULATIONS: No person shall within any R1B Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
650 square metres (6,996.6 sq. ft)
(b)
Minimum lot frontage
18 metres (59.1 ft.)
(a)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(b)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(c)
Minimum interior side yard width (2011-
13)
1.2 metres (3.9 ft.) subject to the provisions
of clause a of section 5.1,
(d)
Minimum exterior side yard width
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Maximum lot coverage
45%
(f)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
(g)
Deleted by By-law No. 2011-136
(h)
Maximum number of detached
dwellings on one lot
1 only
(i)
Parking and access requirements
in accordance with section 4.19.1
(j)
Accessory buildings and accessory
structures
In accordance with sections 4.13 and 4.14
(k)
Minimum landscaped open space
(2008-148)
30% of the lot area
63
7.3
RESIDENTIAL 1C DENSITY ZONE (R1C ZONE).
7.3.1 PERMITTED USES: No person shall within any R1C Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of
sections 4.13 and 4.14
(d)
A group home type (2009-176)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.3.2 REGULATIONS: No person shall within any R1C Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
550 square metres (5,920 sq. ft)
(b)
Minimum lot frontage
(i)
for an interior lot
15 metres (49.2 ft.)
(ii)
for a corner lot
18 metres (59.1 ft.)
(c)
Minimum front yard depth
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width (2011-
136)
1.2 metres (3.9 ft.) subject to the provisions
of clause a of section 5.1,
(f)
Minimum exterior side yard width
4.5 metres (14.8 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Maximum number of detached
dwellings on one lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
(2008-148)
30% of the lot area
64
7.4 RESIDENTIAL 1D DENSITY ZONE (R1D ZONE).
7.4.1 PERMITTED USES: No person shall within any R1D Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(d)
A group home type 1 (2009-176)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.4.2 REGULATIONS: No person shall within any R1D Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
450 square metres (4,843.8 sq. ft.)
(b)
Minimum lot frontage
(i)
for an interior lot
15 metres (49.2 ft.)
(ii)
for a corner lot
18 metres (59.1 ft.)
(c)
Minimum front yard depth
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width
(2011-136)
1.2 metres (3.9 ft.) subject to the provisions
of clause a of section 5.1,
(f)
Minimum exterior side yard width
4.5 metres (14.8 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or
structure
10 metres (32.81 ft.) subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Maximum number of detached
dwellings on one lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
(2008-148)
30% of the lot area
65
7.5 RESIDENTIAL 1E DENSITY ZONE (R1E ZONE).
7.5.1 PERMITTED USES: No person shall within any R1E Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(d)
A group home type 1 (2009-176)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.5.2 REGULATIONS: No person shall within any R1E Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
(i)
for an interior lot
370 square metres (3,982 sq. ft.)
(ii)
for a corner lot
450 square metres (4,843.8 sq. ft.)
(b)
Minimum lot frontage
(i)
for an interior lot
12 metres (39.4 ft.)
(ii)
for a corner lot
15 metres (49.2 ft.)
(c)
Minimum front yard depth (93-284)
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width (2011-
136)
1.2 metres (3.9 ft.) subject to the provisions
of clause a of section 5.1,
(f)
Minimum exterior side yard width
4.5 metres (14.8 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Maximum number of detached
dwellings on one lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
(2008-148)
30% of the lot area
66
7.5A RESIDENTIAL 1F DENSITY ZONE (R1F ZONE).
7.5A.1 PERMITTED USES: No person shall within any R1F Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses (2016-
04):
(a)
A detached dwelling
(b)
A home occupation in a detached dwelling, subject to the provisions of section 5.5
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(d)
A group home type 1 (2011-136)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.5A.2 REGULATIONS: No person shall within any R1F Zone use any land or use any building
or structure except in accordance with the provisions of sections 4 and 5 and the following
regulations (2016-04):
(a)
Minimum lot area
320 square metres (3,444.5 sq. ft.)
(b)
Minimum lot frontage
(i)
for an interior lot
10 metres (32.8 ft.)
(ii)
for a corner lot
12 metres (39.4 ft.)
(c)
Minimum front yard depth
(i)
for a detached dwelling
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
for a private garage with
driveway access from the front
yard
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width (2011-
136)
0.9 metres (3.0 ft.) subject to the provisions
of clause a of section 5.1,
(f)
Minimum exterior side yard width
(i)
for a detached dwelling
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
for a private garage with
driveway access from the
exterior side yard
6 metres plus (19.7 ft.) any applicable
distance specified in section 4.27
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
(i)
Maximum number of detached
dwellings on one lot
1 only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
30% of the lot area
67
7.6
RESIDENTIAL MOBILE HOME PARK ZONE (RMP ZONE).
7.6.1 PERMITTED USES: No person shall within any RMP Zone use any land or erect or use
any building or structure for any purpose except for one or more of the following uses:
(a)
A mobile home park
(b) A mobile home within a mobile home park
(c)
One only detached dwelling within a mobile home park
(d)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13, 4.14 and 7.6.2
7.6.2 REGULATIONS: No person shall within any RMP Zone erect or locate or use any mobile
home or erect or use any building or structure except in accordance with the provisions of
section 4 and 5 and the following regulations:
(a)
Minimum lot frontage for a mobile
home park
45 metres (147.6 ft.)
(b)
Each mobile home shall be located on
a mobile home site
(c)
Minimum area of each mobile home
site
270 square metres (2,906.3 sq. ft.)
(d)
Minimum width of each mobile home
site
10 metres (32.8 ft.)
(e)
Minimum distance between any part of
a building, mobile home or other
structure (including an accessory
building and accessory structure) and a
street
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum distance between any part of
a building, mobile home or other
structure (including an accessory
building and accessory structure) and
the boundary of any residential zone
other than a RMP Zone
15 metres (49.2 ft.)
(g)
Subject to clauses e and f, minimum
distance between any part of a
building, mobile home or other
structure (including an accessory
building and accessory structure and
each lot line of the mobile home park
which does not abut a street
3 metres (9.8 ft.)
(h)
Subject to clauses e, f and g, minimum
distance between any part of a mobile
home and the following respective
boundaries of the mobile home site:
(i)
the front boundary
4.5 metres (14.8 ft.)
(ii)
one side boundary
1.2 metres (3.9 ft.)
(iii)
the remaining side boundary
2.4 metres (7.9 ft.)
68
(iv)
the rear boundary
6 metres (19.7 ft.)
(i)
Notwithstanding any of the provisions
of sections 4.13 and 4.14, no part of
any accessory building or accessory
structure which is accessory to a
mobile home shall be erected closer to
any boundary of a mobile home site
than the respective distances specified
in clause h of this section
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Where any of the provisions of this
section conflict with any of the
provisions of sections 4.13 or 4.14, the
provisions of this section shall govern.
69
7.7
RESIDENTIAL TWO ZONE (R2 ZONE).
7.7.1 PERMITTED USES: No person shall within any R2 Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A semi-detached dwelling
(c)
A duplex dwelling
(d)
A home occupation in a detached dwelling, or in a dwelling unit of a semi-detached
dwelling or a duplex dwelling, subject to the provisions of section 5.5
(e)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(f)
A group home type 1 (2009-176)
(g)
A bed and breakfast in a detached dwelling, or in a dwelling unit of a semi-detached
dwelling or a duplex dwelling, that complies with the provisions set out in section
4.37 (2018-91)
7.7.2 REGULATIONS: No person shall within any R2 Zone use any land or use any building or
structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
(i)
for a detached dwelling
370 square metres (3,982 sq. ft.)
(ii)
for a semi-detached dwelling or
a duplex dwelling
600 square metres (6,458.4 sq. ft.)
(b)
Minimum lot frontage
(i)
for a detached dwelling on an
interior lot
12 metres (39.4 ft.)
(ii)
for a detached dwelling on a
corner lot
15 metres (49.2 ft.)
(iii)
for a semi-detached dwelling or
a duplex dwelling on an interior
lot
18 metres (59.1 ft.)
(iv)
for a semi-detached dwelling or
a duplex dwelling on a corner lot
20 metres (65.6 ft.)
(c)
Minimum front yard depth (93-284)
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width for a
detached dwelling, a semi-detached
dwelling or a duplex dwelling (2011-
136)
1.2 metres (3.9 ft.), subject to the provisions
of clauses a and b of section 5.1
(f)
Minimum exterior side yard width
4.5 metres (14.8 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
45%
(h)
Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7
70
(i)
Deleted by By-law No. 2011-136
(j)
Maximum
number
of
detached
dwellings on one lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum
landscaped
open
space
(2008-148)
30% of the lot area
71
7.8
RESIDENTIAL MIXED ZONE (R3 ZONE).
7.8.1 PERMITTED USES: No person shall within any R3 Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A detached dwelling
(b)
A semi-detached dwelling
(c)
A duplex dwelling
(d)
An on street townhouse dwelling
(e)
A triplex dwelling
(f)
A quadruplex dwelling
(g)
A home occupation in a detached dwelling, or in a dwelling unit of a semi-detached
dwelling or a duplex dwelling, subject to the provisions of section 5.5
(h)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(i)
A bed and breakfast in a detached dwelling, or in a dwelling unit of a semi-detached
dwelling or a duplex dwelling, that complies with the provisions set out in section
4.37 (2018-91)
7.8.2 REGULATIONS: No person shall within any R3 Zone use any land or use any building or
structure except in accordance with the provisions of sections 4 and 5 and the following
regulations:
(a)
Minimum lot area
(i)
for a detached dwelling
300 square metres
(ii)
for a semi-detached dwelling or
a duplex dwelling
450 square metres
(iii)
for an on-street townhouse
dwelling
160 square metres for each dwelling unit
(iv)
for a triplex dwelling
740 square metres
(v)
for a quadruplex dwelling
940 square metres
(b)
Minimum lot frontage
(i)
for a detached dwelling on an
interior lot
10 metres
(ii)
for a detached dwelling on a
corner lot
12 metres
(iii)
for a semi-detached dwelling or
a duplex dwelling on an interior
lot
15 metres
(iv)
for a semi-detached dwelling or
a duplex dwelling on a corner
lot
17 metres
(v)
for an on-street townhouse
dwelling
6 metres for each dwelling unit
(vi)
for a triplex dwelling on an
interior lot
21 metres
(vii)
for a triplex dwelling on a corner 22.5 metres
72
lot
(viii)
for a quadruplex dwelling on an
interior lot
24 metres
(ix)
for a quadruplex dwelling on a
corner lot
25.5 metres
(c)
Minimum front yard depth
(i)
for a dwelling or dwelling unit
3 metres plus any applicable distance
specified in section 4.27.1
(ii)
for a private garage with
driveway access from the front
yard
6 metres plus any applicable distance
specified in section 4.27.1
(d)
Minimum rear yard depth
7.5 metres plus any applicable distance
specified in section 4.27.1
(e)
Minimum interior side yard width
1.2 metres
(f)
Minimum exterior side yard width
(i)
for a dwelling or dwelling unit
3 metres plus any applicable distance
specified in section 4.27.1
(ii)
for a private garage with
driveway access from the
exterior side yard
6 metres plus any applicable distance
specified in section 4.27.1
(g)
Maximum lot coverage
55%
(h)
Maximum height of building or structure 10 metres subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Maximum number of dwellings on one
lot
1 only
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
25% of the lot area
73
7.9 RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS ZONE (R4 ZONE).
7.9.1 PERMITTED USES: No person shall within any R4 Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A townhouse dwelling containing not more than 8 dwelling units
(b)
An apartment dwelling
(c)
A stacked townhouse dwelling
(d)
Group dwellings, provided that no townhouse dwelling in the group dwellings
contains more than 8 dwelling units
(e)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
(f)
a Home Occupation in a detached dwelling, or a dwelling unit of a semi-detached
dwelling or a duplex dwelling, subject to the provisions of section 5.5
7.9.2 REGULATIONS: Subject to section 7.9.3, no person shall within any R4 Zone use any
land or use any building or structure except in accordance with the provisions of sections
4 and 5 and the following regulations:
(a)
Minimum lot area
(i)
for a townhouse dwelling
250 square metres (2,691 sq. ft.) for each
dwelling unit
(ii)
for an apartment dwelling or
stacked townhouse dwelling
200 square metres (2,152.8 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
(i)
for a townhouse dwelling or an
apartment dwelling or stacked
townhouse dwelling containing
more than four dwelling units
30 metres (98.4 ft.)
(ii)
for a townhouse dwelling or an
apartment dwelling or stacked
townhouse dwelling containing
four dwelling units or less on an
interior lot
24 metres (78.7 ft.)
(iii)
for a townhouse dwelling or an
apartment dwelling or stacked
townhouse dwelling containing
four dwelling units or less on a
corner lot
25.5 metres (83.7 ft.)
(c)
Minimum front yard depth
(i)
for a townhouse dwelling (93-
284)
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
for an apartment dwelling or
stacked townhouse dwelling
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
(i)
for a townhouse dwelling
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
74
(ii)
for an apartment dwelling or
stacked townhouse dwelling
10 metres (32.81 ft.) plus any applicable
distance specified in section 4.27.1.
(e)
Minimum interior side yard
one-half the height of the building
(f)
Minimum exterior side yard width
(i)
for a townhouse dwelling
4.5 metres (14.8 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
for an apartment dwelling or
stacked townhouse dwelling
7.5 metres plus any applicable distance 24.6
ft. specified in section 4.27.1
(g)
Maximum lot coverage
35%
(h)
Maximum height of building or
structure
10 metres (32.81 ft.) subject to section 4.7
(i)
Deleted by By-law No. 2011-136
(j)
Number of dwellings on one lot
subject to compliance with section 7.9.3,
more than one dwelling is permitted on one
lot
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(m)
Minimum landscaped open space
45 square metres (484.4 sq. ft.) for each
dwelling unit
(n)
Minimum privacy yard depth for each
townhouse dwelling unit, as measured
from the exterior rear wall of every
dwelling unit (2008-148)
7.5 metres
(o)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.44
7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS: No person shall within any R4
Zone use any land or erect or use any building or structure for the purpose of group
dwellings except in accordance with the provisions of sections 4, 5 and 7.10.2 as altered
or extended by the following additional regulations:
(a)
The minimum lot area shall not be less than the sum of the minimum lot area
requirements of clause (a) of section 7.10.2 of each townhouse dwelling and each
apartment dwelling or stacked townhouse dwelling erected or to be erected on the
lot.
(b)
Nothing in section 4.11 or in clause b of section 7.10.2 shall be deemed to require
each townhouse dwelling and each apartment dwelling or stacked townhouse
dwelling to front or abut upon a street.
75
7.10 RESIDENTIAL APARTMENT 5A DENSITY ZONE (R5A ZONE).
7.10.1 PERMITTED USES: No person shall within any R5A Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.10.2 REGULATIONS: No person shall within any R5A Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
200 square metres (2,152.8 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
30 metres (98.4 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
10 metres (32.8 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width,
one-half the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
10 metres (32.81 ft.) subject to section 4.7
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
30% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.44
76
7.11 RESIDENTIAL APARTMENT 5B DENSITY ZONE (R5B ZONE).
7.11.1 PERMITTED USES: No person shall within any R5B Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.11.2 REGULATIONS: No person shall within any R5B Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
133 square metres (1,431.6 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
30 metres (98.4 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
10 metres (32.8 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width,
one-half the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
10 metres (32.81 ft.) subject to section 4.7
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
35% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.44
77
7.12 RESIDENTIAL APARTMENT 5C DENSITY ZONE (R5C ZONE).
7.12.1 PERMITTED USES: No person shall within any R5C Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.12.2 REGULATIONS: No person shall within any R5C Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
100 square metres (1,076.4 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
30 metres (98.4 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
one-half the height of the building or 10
metres whichever is greater plus any
applicable distance specified in section
4.27.1
(e)
Minimum interior side yard width
one-half the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
19 metres (62.3 ft.) subject to section 4.
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
40% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.42
78
7.13 RESIDENTIAL APARTMENT 5D DENSITY ZONE (R5D ZONE).
7.13.1 PERMITTED USES: No person shall within any R5D Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.13.2 REGULATIONS: No person shall within any R5D Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
80 square metres (861.1 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
30 metres (98.4 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
one-half the height of the building or 10
metres whichever is greater plus any
applicable distance specified in section
4.27.1
(e)
Minimum interior side yard width
one-half the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
22 metres (72.2 ft.) subject to section 4.7
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
45% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.42
79
7.14 RESIDENTIAL APARTMENT 5E DENSITY ZONE (R5E ZONE).
7.14.1 PERMITTED USES: No person shall within any R5E Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.14.2 REGULATIONS: No person shall within any R5E Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
67 square metres (721.2 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
35 metres (114.8 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
one-half the height of the building or 10
metres whichever is greater plus any
applicable distance specified in section
4.27.1
(e)
Minimum interior side yard width
one-third the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
25 metres (82.0 ft.) subject to section 4.7
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
50% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.42
80
7.15 RESIDENTIAL APARTMENT 5F DENSITY ZONE (R5F ZONE).
7.15.1 PERMITTED USES: No person shall within any R5F Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
An apartment dwelling
(b)
A stacked townhouse dwelling
(c)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14
7.15.2 REGULATIONS: No person shall within any R5F Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 of the
following regulations:
(a)
Minimum lot area
57 square metres (613.5 sq. ft.) for each
dwelling unit
(b)
Minimum lot frontage
45 metres (147.6 ft.)
(c)
Minimum front yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
one-half the height of the building or 10
metres whichever is greater plus any
applicable distance specified in section
4.27.1
(e)
Minimum interior side yard width
one-quarter the height of the building
(f)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
30%
(h)
Maximum height of building or
structure
28 metres (91.9 ft.) subject to section 4.7
(i)
Number of apartment dwellings on one
lot
one only
(j)
Parking and access requirements
in accordance with section 4.19.1
(k)
Accessory buildings and accessory
structures
in accordance with sections 4.13 and 4.14
(l)
Minimum landscaped open space
55% of the lot area
(m)
Minimum amenity space for an
apartment dwelling unit
in accordance with section 4.42
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7.16 TRANSITION RESIDENTIAL MULTIPLE ZONE (TRM ZONE).
7.16.1 PERMITTED USES: No person shall within any TRM Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A use which is lawfully being carried on the date of the passing of this By-law upon
such land or in any building or structure erected thereon
(b)
An accessory use to the use described in clause (a)
(c)
A detached dwelling
(d)
A home occupation in a detached dwelling or in a dwelling unit of an existing semi-
detached dwelling or in a dwelling unit of an existing semi-detached dwelling or
duplex dwelling, subject to the provisions of section 5.5.
(e)
A group home type 1 (2009-176)
(f)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14 (2016-03)
(g)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
7.16.2 REGULATIONS: No person shall within any TRM Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 5 and the
following regulations:
(a)
The same regulations which are contained in clauses (a) to (l) inclusive of section
7.5.2.
(b)
Nothing in this section shall apply to prevent the reconstruction of any building or
structure that is damaged by causes beyond the control of the owner subsequent
to the date of the passing of this By-law, provided the reconstruction of such
building or structure will not increase the height, size or volume or change the use
of such building or structure.
(c)
Nothing in this section shall apply to prevent the strengthening or restoration to a
safe condition of any building or structure or part of any such building or structure,
provided such alteration or repair will not increase the height, size or volume or
change the use of such building or structure.
82
SECTION 8 - COMMERCIAL ZONES
8.1 NEIGHBOURHOOD COMMERCIAL ZONE (NC ZONE)
8.1.1 PERMITTED USES: No person shall within any NC Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Bake shop
(b)
Bank, trust company, credit union, currency exchange (2002-061)
(c)
Clinic
(d)
Library
(e)
Office
(f)
Personal service shop
(g)
Restaurant
(h)
Retail store
(i)
Service shop
(j)
Animal clinic (2011-136)
(k)
Adult store provided the adult store is separated from another adult store by a
minimum distance of 100 metres and from an adult entertainment parlour or body-
rub parlour by a minimum distance of 300 metres. (2002-199)
(l)
Dwelling units in a building in combination with one or more of the uses listed in
clauses a to j inclusive above, provided that not more than 50% of the total floor
area of such building is used for dwelling units and further provided that such
dwelling units except entrances thereto are located entirely above the ground floor.
(m)
Day nursery (2008-148)
(n)
Health centre (2008-148)
(o)
Outdoor patio which is an accessory use to a restaurant, in accordance with
section 4.25A (2016-03)
8.1.2 REGULATIONS: No person shall within any NC Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
regulations.
(a)
Minimum lot frontage
30 metres (98.4 ft.)
(b)
Minimum front yard depth
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(c)
Minimum rear yard depth
10 metres (32.8 ft.) whichever is greater plus
any applicable distance specified in section
4.27.1
(d)
Minimum interior side yard width
(i)
where the side lot line abuts a
residential, institutional or open
space zone
3 metres (9.8 ft.)
(ii)
where the side lot line does not
abut a residential, institutional
or open space zone
None required
83
(e)
Minimum exterior side yard width
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Maximum lot coverage
40%
(g)
Maximum height of building or
structure
8 metres (26.2 ft.) subject to section 4.7
(h)
Maximum floor area
230 square metres for any (2,475.7 sq. ft)
permitted use described in clauses a to j
inclusive of section 8.1.1
(i)
Parking and access requirements
in accordance with section 4.19.1
(j)
Loading area requirements
in accordance with sections 4.20
84
8.2 GENERAL COMMERCIAL ZONE (GC ZONE).
8.2.1 PERMITTED USES: No person shall within any GC Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Assembly hall
(b)
Auctioneering establishment
(c)
Bake shop
(d)
Bank, trust company, credit union, currency exchange (2002-061)
(e)
A building supplies shop and yard
(f)
Car rental establishment, truck rental establishment
(g)
Car wash, interior and exterior hand car cleaning (2002-061)
(h)
Clinic
(i)
Community building
(j)
Day nursery
(k)
Drive-in restaurant
(l)
Dry cleaning establishment
(m)
Farmer's market
(n)
Funeral home
(o)
Health centre
(p)
Hotel
(q)
Laundry
(r)
Library
(s)
Motel
(t)
New car agency
(u)
Nursing home
(v)
Office
(w)
Parking lot
(x)
Personal service shop
(y)
Photographer's studio
(z)
Place of entertainment
(aa)
Place of worship
(bb)
Printing shop
(cc)
Private club
(dd)
Public garage, mechanical
(ee)
Receiving home within the meaning of The Child Welfare Act
(ff)
Recreational uses
(gg)
Restaurant
(hh)
Retail store
(ii)
Service shop
(jj)
Tavern
(kk)
Used car lot
(ll)
Animal clinic (2011-136)
(mm) Adult store provided the adult store is separated from another adult store by a
85
minimum distance of 100 metres and from an adult entertainment parlour or body-
rub parlour by a minimum distance of 300 metres, except for any adult stores
situated at or between properties municipally known as 6443 and 6395 Lundy's
Lane which shall be allowed to be separated from each other by a minimum
distance of 30 metres (2002-199)
(nn)
Dwelling units in a building in combination with one or more of the uses listed in
this section provided not more than 66% of the total floor area of such building is
used for dwelling units and further provided that such dwelling units except
entrances thereto are located entirely above the ground floor. (2002-061)
(oo)
Body-rub parlour (98-03) (Repealed by By-law 2002-201)
(pp)
Dancing studio (2002-061)
(qq)
Tattoo studio (2002-061)
(rr)
Art gallery (2008-23)
(ss)
Museum (2008-23)
(tt)
A garden centre which is an accessory use to a retail store (2016-03)
(uu)
Outdoor patio which is an accessory use to a drive-in restaurant, hotel, place of
entertainment, a restaurant and a tavern, in accordance with section 4.25A (2016-
03)
(vv)
A bed and breakfast in an existing detached dwelling or dwelling unit, that complies
with the provisions set out in section 4.37 (2018-91)
(ww)
Vacation rental unit within an existing detached dwelling or dwelling unit, that
comply with the regulations set out in section 4.38 (2018-92)
8.2.2 REGULATIONS: Subject to section 8.2.3 and 8.2.4, no person shall within any GC Zone
use any land or erect or use any building or structure except in accordance with the
provisions of section 4 and the following regulations:
(a)
Minimum lot frontage
6 metres (19.7 ft.)
(b)
Minimum front yard depth
in accordance with section 4.27.1, where
applicable
(c)
Minimum rear yard depth
(i)
where any part of the building is
used for residential purposes
10 metres (32.8 ft.) whichever is greater plus
any applicable distance specified in section
4.27.1
(ii)
where no part of the building is
used for residential purposes
3 metres (9.8 ft.) plus any applicable distance
specified in section 4.27.1, provided that no
rear yard is required where the rear lot line
abuts a public land or a public parking lot
(d)
Minimum interior side yard width
(i)
where the side lot line abuts a
residential, institutional or open
space zone
3 metres (9.8 ft.)
(ii)
where the side lot line does not
abut a residential, institutional
or open space zone
None required
(e)
Minimum exterior side yard width
in accordance with section 4.27.1 where
86
applicable
(f)
Maximum lot coverage
70%
(g)
Maximum height of building or
structure
12 metres (39.37 ft.) subject to section 4.7
(h)
Maximum floor area
not specified
(i)
Parking and access requirements
in accordance with section 4.19.1
(j)
Loading area requirements
in accordance with sections 4.20
8.2.3 REGULATIONS FOR CAR WASHES, DRIVE-IN RESTAURANTS AND MOTELS: The
regulations in clauses (a) to (g) inclusive of section 8.2.2 shall not apply to car washes,
drive-in restaurants or motels in GC Zones. The remaining provisions of section 8.2.2 and
all of the supplementary regulations for car washes in section 4.22 and all of the
supplementary regulations for drive-in-restaurants in section 4.23 and all of the
supplementary regulations for motels in section 4.25 shall apply to car washes, drive-in-
restaurants and motels, respectively, in GC Zones.
8.2.4 REGULATIONS FOR BODY-RUB PARLOURS: (98-03)
(a)
No body-rub parlour shall be located closer than 100 metres measured in a straight
line from the nearest part of the body-rub parlour building(s) to the lot line of a
Residential zone, an Institutional zone, or Open Space zone, or to any of the
following uses: place of worship; nursery school; day nursery; community building;
or school. (98-03) (Repealed by By-law 2002-201)
(b)
No body-rub parlour shall have a floor area greater than 300 square metres. (98-
03)(Repealed by By-law 2002-201)
87
8.3 DEFERRED COMMERCIAL ZONE (DC ZONE).
8.3.1 PERMITTED USES: No person shall within any DC Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use which is lawfully being carried on the date of the passing of this By-law upon
such land or in any building or structure erected thereon
(b)
An accessory use to the use described in clause (a)
(c)
A detached dwelling
(d)
A home occupation in a detached dwelling or in a dwelling unit of an existing semi-
detached dwelling or duplex dwelling, subject to the provisions of section 5.5
(e)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14 (2016-03)
(f)
A bed and breakfast in an existing detached dwelling or dwelling unit, that complies
with the provisions set out in section 4.37 (2018-91)
8.3.2 REGULATIONS: No person shall within any DC Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
provisions and regulations:
(a)
All of the provisions of section 5 which apply to R1E Zones shall also apply to DC
Zones
(b)
All of the regulations for R1E Zones contained in section 7.5.2 shall also apply to
DC Zones
(c)
Nothing in this section shall apply to prevent the reconstruction of any building or
structure that is damaged by causes beyond the control of the owner subsequent
to the date of the passing of this By-law, provided the reconstruction of such
building or structure will not increase the height, size or volume or change the use
of such building or structure.
(d)
Nothing in this section shall apply to prevent the strengthening or restoration to a
safe condition of any building or structure or part of any such building or structure
or the alteration or repair of an existing building or structure, provided such
alteration or repair will not increase the height, size or volume or change the use
of such building or structure.
88
8.4 PLANNED SHOPPING CENTRE COMMERCIAL ZONE (SC ZONE).
8.4.1 PERMITTED USES: No person shall within any SC Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses, provided
that each such use, except the uses described in clauses (g) and (v), is conducted within
a completely enclosed building:
(a)
Assembly hall
(b)
Automobile service station
(c)
Bake shop
(d)
Bank, trust company, credit union, currency exchange (2002-061)
(e)
Car wash, interior and exterior hand car cleaning (2002-061)
(f)
Clinic
(g)
Day nursery
(h)
Drive-in-restaurant
(i)
Gasoline bar
(j)
Health centre
(k)
Library
(l)
Office
(m)
Personal service shop
(n)
Photographer's studio
(o)
Place of entertainment
(p)
Public garage, mechanical
(q)
Restaurant
(r)
Retail store
(s)
Service shop
(t)
Tavern
(u)
Animal clinic (2011-136)
(v)
A garden centre which is an accessory use to a retail store
(w)
Beer, wine or liquor store (2000-011)
(x)
Dancing studio (2002-061)
(y)
Outdoor patio which is an accessory use to a drive-in restaurant, place of
entertainment, restaurant and tavern, in accordance with section 4.25A. (2016-03)
8.4.2 REGULATIONS: No person shall within any SC Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
regulations:
(a)
Minimum lot frontage
120 metres (393.7 ft.)
(b)
Minimum lot depth
120 metres (393.7 ft.)
(c)
Minimum front yard depth
18 metres (59.1 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
18 metres (59.1 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width
18 metres (59.1 ft.)
89
(f)
Minimum exterior side yard width
18 metres (59.1 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
25%
(h)
Maximum height of building or
structure
18 metres (59.1 ft.) subject to section 4.7
(i)
Maximum gross leasable floor area
subject to clause j, 44,150 square metres
(475,242 sq. ft.) which may be contained in
one or more buildings (2000-011)
(j)
Additional maximum gross leasable
floor area for certain uses
not exceeding, in the aggregate, 1,860
square metres (20,030 sq. ft.) for an
automobile service station, car wash, drive-
in-restaurant, and gasoline bar which shall be
in addition to the maximum gross leasable
floor area permitted in clause (i)
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Loading area requirements
in accordance with sections 4.20
(m) Open storage
No person shall use any land within a SC
Zone for the open storage of goods and
materials provided that this shall not apply to
the storage of garden and sporting equipment
and supplies in an outdoor shop or area
operated as an accessory use to a retail store
8.4.3 REGULATIONS FOR CAR WASHES AND DRIVE-IN RESTAURANTS: Notwithstanding
sections 4.22 and 4.23, the regulations in section 8.4.2 shall apply to car washes and
drive-in restaurants in a SC Zone.
90
8.5 CENTRAL BUSINESS COMMERCIAL ZONE (CB ZONE).
8.5.1 PERMITTED USES: No person shall within any CB, CB2, CB3, CB4, CB4-1, CB5 OR
CB6 Zone use any land or erect or use any building or structure for any purpose except
one or more of the following uses:
(a)
Art gallery
(b)
Assembly hall
(c)
Auctioneering establishment
(d)
Bake shop
(e)
Bank, trust company, credit union, currency exchange (2002-061)
(f)
Car rental establishment, truck rental establishment
(g)
Clinic
(h)
Dancing studio
(i)
Day nursery
(j)
Drive-in restaurant in accordance with section 4.23
(k)
Dry cleaning establishment
(l)
Farmers' market
(m)
Funeral home
(n)
Health centre
(o)
Hotel
(p)
Laundry
(q)
Library
(r)
Motel in accordance with section 4.25
(s)
Museum
(t)
Office
(u)
Parking lot
(v)
Personal service shop
(w)
Photographer's studio
(x)
Place of entertainment
(y)
Place of worship
(z)
Printing shop
(aa)
Public garage, mechanical
(bb)
Private club
(cc)
Recreational uses
(dd)
Restaurant
(ee)
Retail store
(ff)
Service shop
(gg)
Tavern
(hh)
Animal clinic (2011-136)
(ii)
Adult Store provided the adult store is separated from another adult store by a
minimum distance of 100 metres and from an adult entertainment parlour or body-
rub parlour by a minimum distance of 300 metres. (2002-199)
(jj)
CB: dwelling units in a building in combination with one or more of the uses listed
91
in clauses (a) to (jj) inclusive above, provided that not more than 75% of the total
floor area of such building is used for dwelling units and further provided that such
dwelling units except entrances thereto are located entirely above the ground floor.
CB2: Apartment Dwelling except on Queen Street, and Park Street (between
Ontario Ave and Erie Avenue), where dwelling units are only permitted in a building
in combination with one or more of the uses listed in this section and further
provided that such dwelling units, except entrances thereto, are located above the
ground floor.
CB3: Apartment Dwelling
CB4 or CB4-1: Apartment Dwelling
CB5: Dwelling units are only permitted in a building in combination with one or
more of the uses listed in this section and further provided that such dwelling units,
except entrances thereto, are located above ground floor
CB6: Dwelling units are only permitted in a building in combination with one or
more of the uses listed in this section and further provided that such dwelling units,
except entrances thereto, are located above ground floor.
(kk)
Licensed establishment (2004-200)
(ll)
Nightclub in accordance with section 4.40
(mm) Outdoor patio which is an accessory use to a drive-in restaurant, hotel, licensed
establishment, nightclub, place of entertainment and restaurant, in accordance
with section 4.25A. (2016-03)
(nn)
A bed and breakfast in an existing detached dwelling or dwelling unit, that complies
with the provisions set out in section 4.37 (2018-91)
(oo)
Vacation rental unit within an existing detached dwelling or dwelling unit, that
comply with the regulations set out in section 4.38 (2018-92)
8.5.2.A
REGULATIONS: No person shall within the CB Zone use any land or erect or use
any building or structure except in accordance with the provisions of Section 4 and
the following:
(a)
Minimum lot frontage
6 metres
(b)
Minimum front yard depth
in accordance with sections 4.27, where
applicable
(c)
Minimum rear yard depth
(i)
where any part of the building is
used for residential purposes
10 metres plus any applicable distance
specified in section 4.27
(ii)
where no part of the building is
used for residential purposes
3 metres plus any applicable distance
specified in section 4.27, provided that no
rear yard is required where the rear lot line
abuts a public lane or public parking lot
(d)
Minimum interior side yard width
none
(e)
Minimum exterior side yard width
In accordance with section 4.27, where
applicable
(f)
Maximum lot coverage
85%
(g)
Maximum height of building or
12 metres subject to section 4.7
92
structure
(h)
Maximum floor area
not specified
(i)
Minimum number of parking spaces
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(j)
Loading area requirements
In accordance with section 4.20
(k)
Maximum floor area of each retail store
930 square metres
8.5.2.B
REGULATIONS: Subject to Section 8.5.3, no person shall within the CB2 Zone
use any land or erect or use any building or structure except in accordance with
the provisions of Section 4 and the following:
(a)
Minimum lot frontage
15 metres
(b)
Minimum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(c)
Maximum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(d)
Minimum rear yard depth
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(e)
Minimum interior side yard width
none
(f)
Minimum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(g)
Maximum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(h)
Maximum lot coverage
85%
(i)
Maximum height of building or structure 20 metres subject to section 4.7
(j)
Minimum number of parking spaces
(i)
for an apartment dwelling
1 space/dwelling unit
(ii)
for all other uses
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(k)
Loading area requirements
In accordance with section 4.20.1
(l)
Bicycle parking requirements
In accordance with section 4.39
(m) Minimum amenity area for apartment
dwellings
20 sq. m per dwelling unit
(n)
Minimum density
50 units per hectare
(o)
Maximum building length
60 metres
93
(p)
Minimum glazing for ground floor
facades on Erie Avenue and Queen
Street
60%
(q)
Minimum ground floor height
4.5 metres
(r)
Minimum elevation for residential uses
at grade
0.9 metres
(s)
Minimum mechanical setback from
edge of roof
3 metres
(t)
Maximum floor area of each retail store
930 square metres
(u)
Notwithstanding the regulations of
8.5.2.B, a use which is lawfully being
carried on the date of the passing of
this by-law, or the erection or use of a
building or structure with a maximum
building height of 12 metres, shall be
subject to the regulations of 8.5.2.A
8.5.2.C
REGULATIONS: Subject to Section 8.5.3, no person shall within the CB3 Zone
use any land or erect or use any building or structure except in accordance with
the provisions of Section 4 and the following:
(a)
Minimum lot frontage
20 metres
(b)
Minimum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(c)
Maximum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(d)
Minimum rear yard depth
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(e)
Minimum interior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
None
(ii)
for any portion of a building with
a height greater than 12 metres
3 metres
(f)
Minimum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(g)
Maximum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
None
94
a height greater than 12 metres
(h)
Maximum lot coverage
85%
(i)
Minimum height of a building or
structure
9 metres, subject to section 4.7
(j)
Maximum height of building or
structure
26 metres, subject to section 4.7
(k)
Minimum number of parking spaces
(i)
for an apartment dwelling
1 space/dwelling unit
(ii)
for all other uses
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(l)
Loading area requirements
In accordance with section 4.20.1
(m) Bicycle parking requirements
In accordance with section 4.39
(n)
Minimum amenity area for apartment
dwellings
20 sq. m. per dwelling unit
(o)
Minimum density
50 units per hectare
(p)
Minimum glazing for ground floor
facades
60%
(q)
Minimum ground floor height
4.5 metres
(r)
Minimum elevation for residential uses
at grade
0.9 metres
(s)
Minimum mechanical setback from
edge of roof
3 metres
(t)
Maximum floor area of each retail store
930 square metres
(u)
Notwithstanding the regulations of
8.5.2.C, a use which is lawfully being
carried on the date of the passing of
this by-law, or the erection or use of a
building or structure with a maximum
building height of 12 metres, shall be
subject to the regulations of 8.5.2.A
8.5.2.D
REGULATIONS: Subject to Section 8.5.3, no person shall within the CB4 or CB4-
1 Zone use any land or erect or use any building or structure except in accordance
with the provisions of Section 4 and the following:
(a)
Minimum lot frontage
30 metres
(b)
Minimum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(iii)
for any portion of a building with
a height greater than 12 metres
in CB4-1
3 metres
(c)
Maximum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
None
95
a height greater than 12 metres
(d)
Minimum rear yard depth
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(e)
Minimum interior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
None
(ii)
for any portion of a building with
a height greater than 12 metres
3 metres
(f)
Minimum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(iii)
for any portion of a building with
a height greater than 12 metres
in CB4-1
3 metres
(g)
Maximum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(h)
Maximum lot coverage
85%
(i)
Minimum height of a building or
structure
9 metres, subject to section 4.7
(j)
Minimum building setback above 12
metres height
3 metres
(k)
Maximum height of building or
structure
33 metres
(l)
Minimum number of parking spaces
(i)
for an apartment dwelling
1 space/dwelling unit
(ii)
for all other uses
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(m) Loading area requirements
In accordance with section 4.20.1
(n)
Bicycle parking requirements
In accordance with section 4.39
(o)
Minimum amenity area for apartment
dwellings for CB4
20 sq. m per dwelling unit
(p)
Minimum amenity area for apartment
dwellings for CB4-1
10 sq. m per dwelling unit
(q)
Minimum density
50 units per hectare
(r)
Maximum building length
60 metres
(s)
Minimum glazing for ground floor
facades
60%
(t)
Minimum ground floor height
4.5 metres
(u)
Minimum elevation for residential uses
at grade
0.9 metres
(v)
Minimum mechanical setback from
edge of roof
3 metres
(w)
Maximum floor area for each retail
store
930 sq. metres
96
(x)
Notwithstanding the regulations of
8.5.2.D, a use which is lawfully being
carried on the date of the passing of
this by-law, or the erection or use of a
building or structure with a maximum
building height of 12 metres, shall be
subject to the regulations of 8.5.2.A
8.5.2.E
REGULATIONS: Subject to Section 8.5.3, no person shall within the CB5 Zone
use any land or erect or use any building or structure except in accordance with
the provisions of Section 4 and the following:
(a)
Minimum lot frontage
40 metres
(b)
Minimum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(c)
Maximum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(d)
Minimum rear yard depth
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(e)
Minimum interior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
None
(ii)
for any portion of a building with
a height greater than 12 metres
5 metres
(f)
Minimum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(g)
Maximum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(h)
Maximum lot coverage
85%
(i)
Minimum height of a building or
structure
9 metres, subject to section 4.7
(j)
Maximum podium height
14 metres
(k)
Maximum height of building or
structure
45 metres
(l)
Minimum number of parking spaces
(i)
for an apartment dwelling
1 space/dwelling unit
97
(ii)
for all other uses
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(m) Loading area requirements
In accordance with section 4.20.1
(n)
Bicycle parking requirements
In accordance with section 4.39
(o)
Minimum amenity area for apartment
dwellings
20 sq. m per dwelling unit
(p)
Minimum density
50 units per hectare
(q)
Maximum building length
60 metres
(r)
Minimum glazing for ground floor
facades
60%
(s)
Minimum ground floor height
4.5 metres
(t)
Minimum elevation for residential uses
at grade
0.9 metres
(u)
Minimum mechanical setback from
edge of roof
3 metres
(v)
Maximum floor area for each retail
store
930 sq. metres
(w)
Notwithstanding the regulations of
8.5.2.E, a use which is lawfully being
carried on the date of the passing of
this by-law, or the erection or use of a
building or structure with a maximum
building height of 12 metres, shall be
subject to the regulations of 8.5.2.A
8.5.2.F
REGULATIONS: Subject to Section 8.5.3, no person shall within the CB6 Zone
use any land or erect or use any building or structure except in accordance with
the provisions of Section 4 and the following:
(a)
Minimum lot frontage
50 metres
(b)
Minimum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(c)
Maximum front yard depth
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(d)
Minimum rear yard depth
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(e)
Minimum interior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
None
(ii)
for any portion of a building with
a height greater than 12 metres
10 metres
98
(f)
Minimum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
3 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
6 metres
(g)
Maximum exterior side yard width
(i)
for any portion of a building with
a height of 12 metres or less
6 metres, plus any applicable distance
specified in section 4.27, where applicable
(ii)
for any portion of a building with
a height greater than 12 metres
None
(h)
Maximum lot coverage
85%
(i)
Minimum height of a building or
structure
9 metres, subject to section 4.7
(j)
Maximum height of building or
structure
66 metres
(k)
Maximum podium height
14 metres
(l)
Minimum tower separation
30 metres between towers or 15 metres from
adjacent property lines if there is no adjacent
tower
(m) Minimum number of parking spaces
(i)
for an apartment dwelling
1 space/dwelling unit
(ii)
for all other uses
In accordance with Table 1 of section 4.19
and section 19.1.73 of By-law 79-200
(n)
Loading area requirements
In accordance with section 4.20.1
(o)
Bicycle parking requirements
In accordance with section 4.39
(p)
Minimum amenity area for apartment
dwellings
20 sq. m per dwelling unit
(q)
Minimum density
50 units per hectare
(r)
Maximum building length
60 metres
(s)
Minimum glazing for ground floor
facades
60%
(t)
Minimum ground floor height
4.5 metres
(u)
Minimum elevation for residential uses
at grade
0.9 metres
(v)
Minimum mechanical setback from
edge of roof
3 metres
(w)
Maximum floor area for each retail
store
930 sq. metres
(x)
Notwithstanding the regulations of
8.5.2.F, a use which is lawfully being
carried on the date of the passing of
this by-law, or the erection or use of a
building or structure with a maximum
building height of 12 metres, shall be
subject to the regulations of 8.5.2.A
99
8.5.3 BUILT FORM REGULATIONS FOR CB2, CB3, CB4, CB5 AND CB6
(a)
The minimum width of the ground floor façade shall be a minimum of 75% of the
measurement of the front lot line
(b)
Signage and opaque/spandrel glazing shall not be included in the calculation for
minimum glazing
(c)
Notwithstanding section 8.5.2.B, 8.2.5.C, 8.5.2.D, 8.5.2.E and 8.2.5.F a minimum
setback of 6.0 metres shall be required for that portion of a building providing an
access driveway to a parking area
(d)
Notwithstanding subsection 4.14 (c) open balconies not covered by a roof or
canopy shall not project into any required yard.
(e)
On a lot with apartment dwellings, parking spaces and drive aisles within a building
shall not be located on the ground floor of such building.
(f)
Despite Subsection (e), parking spaces and drive aisles may be located on the
ground floor of a building where:
(i)
the ground floor of the building has one or more permitted uses other than
a parking lot that abut the street line façade; and,
(ii)
parking spaces and drive aisles are located entirely behind the area on the
ground floor devoted to the permitted uses in Subsection (i) for the entire
length of the street line façade, except for access.
100
8.6 TOURIST COMMERCIAL ZONE (TC ZONE).
8.6.1 PERMITTED USES: No person shall within any TC Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Art gallery
(b)
Assembly hall
(c)
Automobile service station
(d)
Bake shop
(e)
Bank, trust company, credit union, currency exchange (2002-061)
(f)
Beer, wine or liquor store
(g)
Car rental establishment, truck rental establishment
(h)
Car wash, interior and exterior hand car cleaning (2002-061)
(i)
Clothing store
(j)
Convention centre
(k)
Day nursery
(l)
Drive-in restaurant
(m)
Drug store
(n)
Exhibitions of wax works, automobiles, handcrafts, natural or artificial curiosities,
freaks of nature
(o)
Food store
(p)
Health centre
(q)
Hotel
(r)
Motel
(s)
Museum
(t)
Parking lot
(u)
Personal service shop
(v)
Photographer's studio
(w)
Place of entertainment
(x)
Place of worship
(y)
Private club
(z)
Public garage, mechanical
(aa)
Recreational uses
(bb)
Restaurant
(cc)
Service shop
(dd)
Sightseeing tours establishment, sightseeing tourist information centre (2002-061)
(ee)
Souvenir store
(ff)
Tobacco store
(gg)
A bed and breakfast in an existing detached dwelling or dwelling unit, that complies
with the provisions set out in section 4.37 (2018-91)
(hh)
Adult store provided the adult store is separated from another adult store by a
minimum distance of 100 metres and from an adult entertainment parlour or body-
rub parlour by a minimum distance of 300 metres. (2002-199)
(ii)
Dwelling units in a building in combination with one or more of the uses listed in
101
this section, provided that not more than 50% of the total floor area of such building
is used for dwelling units and further provided that such dwelling units except
entrances thereto are located entirely above the ground floor. (2002-061)
(jj)
Gasoline bar (81-62)
(kk)
Body-rub parlour (98-03) (Repealed by By-law 2002-201)
(ll)
Timeshare sales office (99-79)
(mm) Retail store (2000-135)
(nn)
Office (2016-03)
(oo)
Outdoor patio which is an accessory use to a drive-in restaurant, hotel, place of
entertainment and a restaurant, in accordance with section 4.25A. (2016-03)
(pp)
Vacation rental unit within an existing detached dwelling or dwelling unit, that
comply with the regulations set out in section 4.38 (2018-92)
8.6.2 REGULATIONS: Subject to sections 8.6.3 and 8.6.4, no person shall within any TC Zone
use any land or erect or use any building or structure except in accordance with the
provisions of section 4 and the following regulations:
(a)
Minimum lot frontage
6 metres (19.7 ft.)
(b)
Minimum front yard depth
in accordance with sections 4.27.1, where
applicable
(c)
Minimum rear yard depth
(i)
where any part of the building is
used for residential purposes
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
where no part of the building is
used for residential purposes
3 metres (9.8 ft.) plus any applicable distance
specified in section 4.27.1, provided that no
rear yard is required where the rear lot line
abuts a public land or a public parking lot
(d)
Minimum interior side yard width
(i)
where the side lot line abuts a
residential, institutional or open
space zone
3 metres (39.8 sq. ft.)
(ii)
where the side lot line does not
abut a residential, institutional
or open space zone
none required
(e)
Minimum exterior side yard width
in accordance with section 4.27.1, where
applicable 1
(f)
Maximum lot coverage
70%
(g)
Maximum height of building or
structure
12 metres (40.0 ft.) subject to section 4.7
(h)
Maximum floor area
not specified
(i)
Parking and access requirements
in accordance with section 4.19.1
(j)
Loading area requirements
in accordance with sections 4.20
(k)
Maximum floor area for each retail
store (2000-135)
400 square metres
(l)
Maximum floor area of all retail stores
per property (2000-135)
3,530 square metres
102
8.6.3 REGULATIONS FOR CAR WASHES, DRIVE-IN RESTAURANTS AND MOTELS: The
regulations in clauses (a) to (g) inclusive of section 8.6.2 shall not apply to car washes,
drive-in restaurants or motels in TC Zones. The remaining provisions of section 8.6.2 and
all of the supplementary regulations for car washes in section 4.22 and all of the
supplementary regulations for drive-in restaurants in section 4.23 and all of the
supplementary regulations for motels in section 4.25 shall apply to car washes, drive-in
restaurants and motels, respectively, in TC Zones.
8.6.4 REGULATIONS FOR GASOLINE BARS: The regulations in section 8.6.2 shall not apply
to gasoline bars but all of the regulations in section 8.9.3 for gasoline bars in AS Zones
shall also apply to gasoline bars in TC Zones. (2011-136)
8.6.5 REGULATIONS FOR AUTOMOBILE SERVICE STATIONS: The regulations in section
8.6.2 shall not apply to automobile service stations but all of the regulations in section
8.9.2 for automobile service stations in AS Zones shall also apply to automobile service
stations in TC Zones.
8.6.6 REGULATIONS FOR BODY-RUB PARLOURS:
(a)
No body-rub parlour shall be located closer than 100 metres measured in a
straight line from the nearest part of the body-rub parlour building(s) to the lot line
of a Residential zone, an Institutional zone, or Open Space zone, or to any of the
following uses: place of worship; nursery school; day nursery; community
building; or school. (98-03) (Repealed by By-law 2002-201)
(b)
No body-rub parlour shall have a floor area greater than 300 square metres. (98-
03) (Repealed by By-law 2002-201)
103
8.7 CAMPING ESTABLISHMENT ZONE (CE ZONE).
8.7.1 PERMITTED USES: No person shall within any CE Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A trailer camp licensed by The Corporation of the City of Niagara Falls
(b)
One only detached dwelling within a trailer camp
(c)
Accessory buildings and accessory dwelling, subject to the provisions of sections
4.13, 4.14 and 8.7.2
8.7.2 REGULATIONS: No person shall within any CE Zone erect or use any building or structure
except in accordance with the provisions of section 4 and the following regulations:
(a)
Minimum lot frontage for a trailer camp
60 metres (197.0 ft.)
(b)
Minimum lot area for a trailer camp
(i)
if the trailer camp is serviced by
a municipal watermain and a
municipal sanitary sewer and all
plumbing, sanitary and
drainage, piping, fixtures and
appliances are connected to the
said watermain and sanitary
sewer, respectively
6 hectares (14.8 ac.)
(ii)
if the trailer camp is serviced
with a potable water supply and
sanitary sewage facilities other
than those described in
subclause I but approved by the
Niagara Regional Health Unit
10 hectares (24.7 ac.)
(c)
Minimum distance between any part of
a trailer camp site and the boundary of
any residential zone
60 metres (197.0 ft.)
(d)
Minimum distance between any part of
a building or structure (including
specified in section 4.27.1 an
accessory building and accessory
structure) and any street or reserve
15 metres (50.0 ft.) plus any applicable
distance
(e)
Subject to clauses c and d, minimum
distance between any part of a building
or structure (including an accessory
building and accessory structure and
each lot line of a trailer camp which
does not abut a street or a reserve
7.5 metres (24.6 ft.)
(f)
Parking and access requirements
in accordance with section 4.19.1
(g)
Where any of the provisions of this
section conflict with any of the
provisions of sections 4.13 or 4.14, the
provisions of this section shall govern
104
8.8 DEFERRED TOURIST COMMERCIAL ZONE (DTC ZONE).
8.8.1 PERMITTED USES: No person shall within any DTC Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
A use which is lawfully being carried on the date of the passing of this By-law upon
such land or in any building or structure erected thereon
(b)
An accessory use to the use described in clause (a)
(c)
A detached dwelling
(d)
A home occupation in a detached dwelling or in a dwelling unit of an existing semi-
detached dwelling or duplex dwelling, subject to the provisions of section 5.5
(e)
A bed and breakfast in an existing detached dwelling, that complies with the
provisions set out in section 4.37 (2018-91)
8.8.2 REGULATIONS: No person shall within any DTC Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
provisions and regulations:
(a)
All of the provisions of section 5 which apply to R1E Zones shall also apply to DTC
Zones
(b)
All of the regulations for R1E Zones contained in section 7.5.2 shall also apply to
DTC Zones
(c)
Nothing in this section shall apply to prevent the reconstruction of any building or
structure that is damaged by causes beyond the control of the owner subsequent
to the date of the passing of this By-law, provided the reconstruction of such
building or structure will not increase the height, size or volume or change the use
of such building or structure
(d)
Nothing in this section shall apply to prevent the strengthening or restoration to a
safe condition of any building or structure or part of any such building or structure
or the alteration or repair of an existing building or structure, provided such
alteration or repair will not increase the height, size or volume or change the use
of such building or structure.
105
8.9 AUTOMOBILE SERVICE STATION AND GASOLINE BAR ZONE (AS ZONE).
8.9.1 PERMITTED USES: No person shall within any AS Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Automobile service station
(b)
Gasoline bar
(c)
Car wash (81-62, #46)
(d)
Convenience store accessory to an automobile service station or gas bar (2011-
136)
8.9.2 REGULATIONS FOR AUTOMOBILE SERVICE STATIONS: No person shall within any
AS Zone use any land or erect or use any building or structure for the purpose of an
automobile service station except in accordance with the provisions of section 4 and the
following regulations:
(a)
Minimum lot frontage
(i)
for an interior lot
30 metres (99.0 ft.)
(ii)
for a corner lot
40 metres (132.0 ft.)
(b)
Minimum lot depth
30 metres (99.0 ft.)
(c)
Minimum front yard depth
12 metres (39.37 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth
(i)
for a lot that that does not abut
a residential zone
5 metres (16.4 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
for a lot that that does not abut
a residential zone
in accordance with section 4.27.1, where
applicable 1
(e)
Minimum interior side yard width
(i)
where the side lot line abuts a
residential zone
5 metres (16.4 ft.)
(ii)
where the side lot line does not
abut a residential zone
none required
(f)
Minimum exterior side yard width
(i)
where the side lot line abuts a
portion of a street and the
opposite side of such portion of
a street abuts a residential
6 metres (19.7 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
in all other cases
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
20%
(h)
Maximum height of building or
structure
8 metres (26.2 ft.) subject to section 4.7
(i)
Minimum landscaped open space
5%
(j)
Notwithstanding any of the above
provisions, no pump, pump island or
canopy shall be located closer to any
lot line than (81-62, #47)
6 metres (19.7 ft.)
(k)
Parking and access requirements
in accordance with section 4.19.1
106
(l)
No part of a lot shall be used for the
parking or storing of any motor vehicle
for a period exceeding 1 week.
(m) Maximum floor area of a convenience
store (2011-136)
200 square metres
8.9.3 REGULATIONS FOR GASOLINE BARS: No person shall within any AS Zone use any
land or erect or use any building or structure for the purpose of a gasoline bar except in
accordance with the provisions of section 4 and the following regulations:
(a)
Minimum lot frontage
30 metres (99.0 ft.)
(b)
Minimum lot depth
30 metres (99.0 ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum rear yard depth (81-62)
5 metres (16.4 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum interior side yard width
(2016-03)
5 metres
(f)
Minimum exterior side yard width
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage (2016-03)
20%
(h)
Maximum height of building or
structure (2016-03)
8 metres (26.2 ft.) subject to section 4.7
(i)
Minimum landscaped open space
5%
(j)
Notwithstanding any of the above
provisions, no pump, pump island or
canopy shall be located closer to any
lot line than (81-62, #49)
6 metres (19.7 ft.)
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
No part of a lot shall be used for the
parking or storing of any motor vehicle
for a period exceeding 1 week.
(m) Maximum floor area of a convenience
store (2011-136)
200 square metres
8.9.4 REGULATIONS FOR CAR WASHES: All of the supplementary regulations for car washes
in section 4.22, as amended, shall apply to car washes in AS Zones. (81-62, #50)
107
SECTION 9 - INSTITUTIONAL ZONE (I ZONE)
9.1 PERMITTED USES: No person shall within any I Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Art gallery or museum
(b)
Community building
(c)
Emergency care residence (2016-03)
(d)
Long term care home (2016-03)
(e)
Hospital
(f)
Nursing home
(g)
Place of worship
(h)
Private club
(i)
Receiving home, within the meaning of The Child Welfare Act
(j)
Religious institution
(k)
Sanatorium
(l)
Retirement home (2008-148)
(m)
Y.M.C.A, Y.W.C.A, Y.M.H.A
(n)
Accessory buildings and accessory structures which are accessory to any of the
foregoing uses, including not more than 1 dwelling unit which is accessory to and
on the same lot as the principal use.
(o)
Day nursery (2008-148)
9.2 REGULATIONS: No person shall within any I Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the
following regulations:
(a)
Minimum lot area
(i)
for a hospital or sanatorium
2 hectares (4.9 ac.)
(ii)
for any other use described in
clauses (a) to (m) of section 9.1
0.15 hectare (.37 ac.)
(b)
Minimum lot depth
(i)
for a hospital or sanatorium
150 metres (493.0 ft.)
(ii)
for any other use described in
clauses (a) to (m) of section 9.1
30 metres (98.4 ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
5 metres (16.4 ft.)
(e)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum lot coverage
35%
(h)
Maximum height of building or structure 10 metres (33.0 ft.) subject to section 4.7
(i)
Minimum landscaped open space
5%
(j)
Parking and access requirements
in accordance with section 4.19.1
108
(k)
Where any of the provisions of this
section conflict with any of the
provisions of sections 4.13 or 4.14, the
provisions of this section shall govern
109
SECTION 10 - GENERAL PROVISIONS FOR INDUSTRIAL ZONES
10.1 Subject to section 10.2, no person shall, within any Industrial Zone, use any land or erect
or use any building or structure for the purpose of a retail store.
10.2 Section 10.1 shall not apply to prevent the offering or keeping for sale at retail of goods,
wares, merchandise, substances or articles through a "factory outlet" but only where and
as long as:
(a)
such "factory outlet" is incidental, subordinate and exclusively devoted to an
industrial undertaking being carried on at the same location as such "factory
outlet",
(b)
such goods, wares, merchandise, substances or articles are manufactured or
produced at such location by such industrial undertaking.
(c)
such "factory outlet" is contained in or attached to the building in which such
industrial undertaking is being carried on.
10.3 Where a building or structure within any PI, LI, GI, or HI Zone was lawfully used at the day
of the passing of this By-law for a purpose prohibited by this By-law, nothing in this By-law
shall apply to prevent, (81-62, #51)
(a)
the reconstruction of any such building or structure that is damaged subsequent to
the day of the passing of this By-law by a cause or causes beyond the control of
the owner, or
(b)
the alteration or repair of any such building or structure, provided that (i) such
reconstruction, alteration or repair will not increase the height, size or volume of
such building or structure and (ii) such building or structure continues to be used
in the same manner and for the same purpose as it was used on the day of the
passing of this By-law.
10.4 Where a lot in any PI, LI, GI or HI Zone having a lesser lot area and/or lot frontage than
that required under this By-law is held under distinct and separate ownership from all
abutting lands as shown by a registered conveyance in the records of the Land Registry
Office as at the 5th day of November, 1979 or is created as a result of an expropriation,
nothing in section 4.11 or in the regulations for the zone in which such lot is located shall
prevent the use of such lot or the erection or use of any building or structure on such lot
for a use permitted in such zone provided that the lot area of such lot is not less than 650
square metres (6,996.8 sq. ft.) and lot frontage of such lot is not less than 15 metres (49.2
ft.) and further provided that all the remaining regulations for the zone in which such lot is
located shall apply and are complied with.
10.5 Adult Entertainment Parlours and Body-Rub Parlours which are permitted within PI, LI, GI,
HI and TDI zones shall only be permitted subject to the provisions of the applicable zone
category as well as the following provisions: (2002-201)
110
(e)
Adult entertainment parlours and body-rub parlours are only permitted within areas
shown hatched on Schedule C and Schedules C-A through to and including C-F
and Schedules C-H through to and including C-K. (2004-14)
(f)
Adult entertainment parlours and body rub parlours must be separated from each
other by a minimum distance of 300 metres measured from building to building;
and
(g)
Adult entertainment parlours and body-rub parlous are permitted only in
freestanding, single use structures.
(h)
No body-rub parlour shall have a gross leasable floor area greater than 300 square
metres (3,229 sq.ft.)
(i)
No adult entertainment parlour shall have a gross leasable floor area greater than
929 square metres (10,000 sq. ft.)
111
SECTION 11 - INDUSTRIAL ZONES
11.1 PRESTIGE INDUSTRIAL ZONE (PI ZONE).
11.1.1 PERMITTED USES: No person shall within any PI Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses, provided
that each such use except the uses described in clauses (b), (i), (j) and (l) is conducted
within a completely enclosed building and is not prohibited under section 4.8:
(a)
Manufacturing, compounding, processing, packaging, crating, bottling, assembling
of raw or semi-processed or fully processed materials, and further provided that
no such use is dangerous, obnoxious or offensive by reason of the presence,
emission or production of odour, smoke, noise, gas fumes, cinders, vibration,
radiation, refuse matter or water carried waste
(b)
Car rental establishment, truck rental establishment
(c)
Car wash
(d)
Cold storage plant
(e)
Commercial printing and associated services establishment
(f)
Consulting engineering office
(g)
Ice manufacturing plant
(h)
Laboratory - experimenting, commercial or testing
(i)
New car agency
(j)
Nursery for trees, shrubs, plants but excluding licensed cannabis production
facilities and designated medical growth of cannabis
(k)
Public garage, mechanical
(l)
Used car lot
(m)
Warehouse
(n)
Wholesale establishment
(o)
Winery
(p)
Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201)
(q)
Body-rub parlour, subject to the provisions of section 10.5 (2002-201)
(r)
An office which is an accessory use to one of the foregoing permitted uses.
11.1.2 REGULATIONS: Subject to section 11.1.3, no person shall within any PI Zone use any
land or erect or use any building or structure except in accordance with the provisions of
sections 4 and 10 and the following regulations.
(a)
Minimum lot frontage
30 metres (99.0 ft.)
(b)
Minimum lot area
2000 square metres (21,530.0 ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3.5 metres (11.5 ft.)
(e)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
112
(i)
where the rear lot line abuts a
residential zone
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
where the rear lot line does not
abut a residential zone
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure 12 metres (40.0 ft.) subject to section 4.7
(h)
Minimum height of exterior walls: The
minimum vertical height of each
exterior wall of any such building or
structure shall be 2.5 metres above the
elevation of the finished ground level at
the mid point of the wall in question
(i)
Maximum lot coverage
60%
(j)
Minimum landscaped open space
(i)
for an interior lot (2011-136)
67% of the required front yard
(ii)
for a corner lot
67% of the required front yard and 67% of the
required exterior side yard
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Loading area requirements
in accordance with section 4.20.1
(m) Property abutting railways:
Notwithstanding clauses (d), (e), (f) and
(j), where any lot line abuts a railway
right-of-way, no side yard or rear yard
or landscaped open space shall be
required on that portion of a lot
contiguous to the portion of the lot line
which abuts the railway right-of-way
(n)
Outside storage: Except in the case of
the uses described in clauses (b), (i), (j)
and (l) of section 11.1.1, no person
shall use any part of the front yard or
exterior side yard of any lot for the
purpose of outside storage.
(o)
External design: The front exterior
walls of any such building shall consist
of stone, brick, architectural reinforced
concrete, profile type concrete masonry
units, glass and metal combinations, or
any combination thereof. The front 6
metres of each side exterior wall of any
such building shall consist of any of the
foregoing or of masonry, architectural
metal, asbestos cement or material of
similar standards provided that where a
side exterior wall faces an abutting
street it shall consist of the same
materials prescribed for the front
exterior wall of such building
113
11.1.3. REGULATIONS FOR CAR WASHES: The regulations in clauses (a) to (g) inclusive, (i),
(j), and (m) of section 11.1.2 shall not apply to car washes in PI Zones. The remaining
provisions of section 11.1.2 and all of the supplementary regulations for car washes in
section 4.22 shall apply to car washes in PI Zones.
114
11.2 LIGHT INDUSTRIAL ZONES (LI ZONE).
11.2.1 PERMITTED USES: No person shall within any LI Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses, provided
that each such use except the uses described in clauses (b),(p),(q),(v) and (w) is
conducted within a completely enclosed building and is not prohibited under section 4.8:
(a)
Manufacturing, compounding, processing, packaging, crating, bottling, assembling
of raw or semi-processed or fully processed materials, and further provided that
no such use is dangerous, obnoxious or offensive by reason of the presence,
emission or production of odour, smoke, noise, gas fumes, cinders, vibration,
radiation, refuse matter or water-carried waste
(b)
Car rental establishment, truck rental establishment
(c)
Car wash
(d)
Carpenter shop
(e)
Cold storage plant
(f)
Commercial bakery
(g)
Commercial printing and associated services establishment
(h)
Contractor's or tradesman's shop, contractor's or construction equipment rental
shop (2002-061)
(i)
Consulting engineering office
(j)
Grain and feed mill and storage
(k)
Ice manufacturing plant
(l)
Laboratory - experimenting, commercial or testing
(m)
Laundry plant
(n)
Machine shop
(o)
Monument, stone, clay or glass manufacturing plant
(p)
New car agency
(q)
Nursery for trees, shrubs, plants but excluding licensed cannabis production
facilities and designated medical growth of cannabis
(r)
Public garage, auto body
(s)
Public garage, mechanical
(t)
Shop for the repair and servicing of goods, machinery and equipment
(u)
Silver plating and cutlery plant
(v)
Trucking or shipping terminal
(w)
Used car lot
(x)
Warehouse
(y)
Wholesale establishment
(z)
Winery
(aa)
Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201)
(bb)
Body-rub parlour, subject to the provisions of section 10.5 (2002-201)
(cc)
An office which is an accessory use to one of the foregoing permitted uses
11.2.2 REGULATIONS: Subject to section 11.2.3, no person shall within any LI Zone use any
115
land or erect or use any building or structure except in accordance with the provisions of
sections 4 and 10 and the following regulations:
(a)
Minimum lot frontage
30 metres (99.0 ft.)
(b)
Minimum lot area
2000 square metres (21,530.0 sq. ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3.5 metres (11.5 ft.)
(e)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
(i)
where the rear lot line abuts a
residential zone
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
where the rear lot line does not
abut a residential zone
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure 12 metres (40.0 ft.) subject to section 4.7
(h)
Minimum height of exterior walls: The
minimum vertical height of each
exterior wall of any such building or
structure shall be 2.5 metres above the
elevation of the finished ground level at
the mid point of the wall in question
(i)
Maximum lot coverage
70%
(j)
Minimum landscaped open space
(i)
for an interior lot (2011-136)
67% of the required front yard
(ii)
for a corner lot
67% of the required front yard and 67% of the
required exterior side yard
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Loading area requirements
in accordance with section 4.20.1
(m) Property abutting railways:
Notwithstanding clauses (d), (e), (f )
and (j), where any lot line abuts a
railway right-of-way, no side yard or
rear yard or landscaped open space
shall be required on that portion of a lot
contiguous to the portion of the lot line
which abuts the railway right-of-way
(n)
Outside storage: Except in the case of
the uses described in clauses (b),(i),(j)
and (l) of section 11.1.1, no person
shall use any part of the front yard or
exterior side yard of any lot for the
purpose of outside storage.
11.2.3. REGULATIONS FOR CAR WASHES: The regulations in clauses (a) to (g) inclusive, (I),
(j) and (m) of section 11.2.2 shall not apply to car washes in LI Zones. The remaining
provisions of section 11.2.2 and all of the supplementary regulations for car washes in
section 4.22 shall apply to car washes in LI Zones.
116
11.3 GENERAL INDUSTRIAL ZONE (GI ZONE).
11.3.1. PERMITTED USES: No person shall within any GI Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Manufacturing, compounding, processing, packaging, crating, bottling, assembling
of raw or semi-processed or fully processed materials
(b)
Animal hospital
(c)
Artificial abrasive plant
(d)
Artificial fertilizer processing plant
(e)
Brick, pottery, tile, terra cotta, concrete and concrete products plant
(f)
Builder's supply yard
(g)
Carpenter shop
(h)
Car rental establishment, truck rental establishment
(i)
Car wash
(j)
Cleaning, curing, storing or tanning of fresh or green hides and leather finishing
(k)
Coal, fuel, gasoline and oil storage yard
(l)
Cold storage plant
(m)
Commercial printing and associated services establishment
(n)
Contractor's or tradesman's shop or yard, Contractor's or construction equipment
rental shop or yard (2002-061)
(o)
Equipment yard
(p)
Establishment for building material sales
(q)
Food and meat products plant but not including an abattoir
(r)
Frozen food locker service
(s)
Grain and feed mill and storage
(t)
Humane society including a pound for small animals
(u)
Ice manufacturing plant
(v)
Kennel for the boarding and breeding of dogs and cats
(w)
Laboratory
(x)
Laundry plant
(y)
Lumber and planing mill and yard
(z)
Machine shop
(aa)
Monument, stone, clay and glass manufacturing plant
(bb)
Poultry processing plant
(cc)
Public garage, auto body
(dd)
Public garage, mechanical
(ee)
Rubber factory
(ff)
Shop for the repair and servicing of goods, machinery and equipment
(gg)
Silver plating and cutlery plant
(hh)
Soap manufacture
(ii)
Stone cutting plant
(jj)
Trucking or shipping terminal
(kk)
Animal clinic (2011-136)
117
(ll)
Warehouse
(mm) Welding shop
(nn)
Wholesale establishment
(oo)
Winery
(pp)
Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201)
(qq)
Body-rub parlour, subject to the provisions of section 10.5 (2002-201)
(rr)
An office which is an accessory use to one or more of the uses set forth in clauses
(a) to (o) inclusive of this section (83-72)
(ss)
Licensed production facilities and designated medical growth of cannabis (2022-
45)
11.3.2 REGULATIONS: Subject to section 11.3.3, no person shall within any GI Zone use any
land or erect or use any building or structure except in accordance with the provisions of
sections 4 and 10 and the following regulations:
(a)
Minimum lot frontage
30 metres (99.0 ft.)
(b)
Minimum lot area
4000 square metres (43,060 sq. ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3.5 metres (11.5 ft.)
(e)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
(i)
where the rear lot line abuts a
residential zone
30 metres (99.0 ft.) specified plus any
applicable distance in section 4.27.1
(ii)
where the rear lot line does not
abut a residential zone
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure
(81-62, #52)
20 metres (66.0 ft.) subject to section 4.7
(h)
Minimum height of exterior walls: The
minimum vertical height of each
exterior wall of any such building or
structure shall be 2.5 metres (8.2 ft.)
above the elevation of the finished
ground level at the mid point of the wall
in question
(i)
Maximum lot coverage
70%
(j)
Minimum landscaped open space
(i)
for an interior lot
50% of the required front yard
(ii)
for a corner lot
50% of the required front yard and 50% of the
required exterior side yard
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Loading area requirements.
in accordance with section 4.20.1
(m) Property abutting railway:
Notwithstanding clauses (d), (e), (f) and
(j), where any lot line abuts a railway
right-of-way, no side yard or rear yard
118
or landscaped open space shall be
required on that portion of a lot
contiguous to the portion of the lot line
which abuts the railway right-of-way.
(n)
Outside storage: No person shall use
any part of the front yard of any lot for
the purpose of outside storage and no
person shall use any part of the
remainder of such lot for the purpose of
outside storage other than storage for
an accessory use
11.3.3 REGULATIONS FOR CAR WASHES: The regulations in clauses (a) to (g) inclusive, (I),
(j) and (m) of section 11.3.2 shall not apply to car washes in GI Zones. The remaining
provisions of section 11.3.2 and all of the supplementary regulations for car washes in
section 4.22 shall apply to car washes in GI Zones.
119
11.4 HEAVY INDUSTRIAL ZONE (HI ZONE).
11.4.1 PERMITTED USES: No person shall within any HI Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Manufacturing, compounding, processing, packaging, crating, bottling, assembling
of raw or semi-processed or fully processed materials
(b)
Abattoir and stock yard used in connection with an abattoir
(c)
Acetylene gas manufacture
(d)
Artificial abrasive plant
(e)
Caustic manufacture
(f)
Cement manufacture
(g)
Cleaning, curing, storage or tanning of fresh or green hides
(h)
Fertilizer processing plant
(i)
Lime, plaster of paris manufacture
(j)
Poultry processing plant
(k)
Iron and steel plant
(l)
Lime kiln
(m)
Rubber factory
(n)
Soap manufacture
(o)
Steel furnace, blooming or rolling mill
(p)
Winery
(q)
Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201)
(r)
Body-rub parlour, subject to the provisions of section 10.5 (2002-201)
(s)
An office which is an accessory use to one or more of the uses set forth in clauses
(a) to (p) inclusive of this section. (83-72)
(t)
Licensed production facilities and designated medical growth of cannabis (2022-
45)
11.4.2. REGULATIONS: No person shall within any HI Zone use any building or structure except
in accordance with the provisions of sections 4 and 10 and the following regulations:
(a)
Minimum lot frontage
30 metres (99.0 ft.)
(b)
Minimum lot area
4000 square metres (43,060 sq. ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3.5 metres (11.5 ft.)
(e)
Minimum exterior side yard width
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure
(81-62, #53)
30 metres (99.0 ft.) subject to section 4.7
(h)
Minimum height of exterior walls: The
minimum vertical height of each
120
exterior wall of any such building or
structure shall be 2.5 metres (8.20 ft.)
above the elevation of the finished
ground level at the mid point of the wall
in question provided that this regulation
shall not apply to buildings or
structures such as storage tanks or
buildings used for the bulk storage of
non-flammable solids or liquids. (81-62,
#54)
(i)
Maximum lot coverage
70%
(j)
Minimum landscaped open space
(i) for an interior lot
50% of the required front yard
(ii) for a corner lot
50% of the required front yard and 50% of the
required exterior side yard
(k)
Parking and access requirements
in accordance with section 4.19.1
(l)
Loading area requirements.
in accordance with section 4.20.1
(m) Property abutting railway:
Notwithstanding clauses (d), (e), (f) and
(j), where any lot line abuts a railway
right-of-way, no side yard or rear yard
or landscaped open space shall be
required on that portion of a lot
contiguous to the portion of the lot line
which abuts the railway right-of-way.
(n)
Outside storage: No person shall use
any part of the front yard of any lot for
the purpose of outside storage and no
person shall use any part of the
remainder of such lot for the purpose of
outside storage other than storage for
an accessory use
121
11.5 TRANSPORTATION-DISTRIBUTION INDUSTRIAL ZONE (TDI).
11.5.1 PERMITTED USES: No person shall within any TDI Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses:
(a)
Assembling, packaging, packing, crating, disassembling, unpacking, uncrating any
goods, wares, merchandise, substances, articles or things stored or transported in
connection with any of the following permitted uses
(b)
Cartage, express or truck transport or terminal for one or more highway
transportation companies or organizations including service and repair buildings
and yards
(c)
Cold storage plant
(d)
Distribution warehouse
(e)
Open storage
(f)
Railway, railway express yard or terminal
(g)
Shipping, trans-shipping or distributing depot
(h)
Storage warehouse
(i)
Adult entertainment parlour, subject to the provisions of section 10.5 (2002-201)
(j)
Body-rub parlour, subject to the provisions of section 10.5 (2002-201)
(k)
Business office accessory to any of the foregoing permitted uses
(j)
Uses similar to the foregoing permitted uses
11.5.2 REGULATIONS: No person shall within any TDI Zone use any land or erect or use any
building or structure except in accordance with the provisions of sections 4 and 10 and
the following regulations:
(a)
Minimum lot frontage
25 metres (82.0 ft.)
(b)
Minimum lot area
8000 square metres (86,120 sq. ft.)
(c)
Minimum front yard depth
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3.5 metres (11.5 ft.)
(e)
Minimum exterior side yard width
15 metres (49.2 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum rear yard depth
7.5 metres (24.61 ft.) plus any applicable
distance specified in section 4.27.1
(g)
Maximum height of building or structure 12 metres (40.0 ft.) subject to section 4.7
(h)
Minimum height of exterior walls: The
minimum vertical height of each
exterior wall of any such building or
structure shall be 2.5 metres above the
elevation of the finished ground level at
the mid point of the wall in question
(i)
Maximum lot coverage
50%
(j)
Minimum landscaped open space
(k)
All of the required front yard, except for
any driveways and parking areas which
5% of the lot area
122
shall not exceed, in the aggregate,
33% of the required front yard shall be
maintained as landscaped open space.
In the case of a corner lot, the exterior
side yard shall be subject to the same
landscaped open space regulations as
for a front yard. In addition, that portion
of the rear yard abutting on a side
street, except for any driveways, shall
be maintained as landscaped open
space to a depth of 1.5 metres
(l)
Parking and access requirements
in accordance with section 4.19.1
(m) Loading area requirements.
in accordance with section 4.20.1
(n)
Property abutting railway:
Notwithstanding clauses (d), (e), (f) and
(j), where any lot line abuts a railway
right-of-way, no side yard or rear yard
or landscaped open space shall be
required on that portion of a lot
contiguous to the portion of the lot line
which abuts the railway right-of-way.
(o)
Outside storage: No person shall use
any part of the required front yard or
the required exterior side yard for the
purpose of outside storage
123
11.6 EXTRACTIVE INDUSTRIAL ZONE (EI ZONE).
11.6.1 INTERPRETATION: In section 11.6.2
(a)
"pit or quarry" means land where gravel, stone, sand, clay, shale or other natural
material is or has been removed by excavating, quarrying or otherwise for sale or
use for construction, business, manufacturing or other industrial purposes.
11.6.2 PERMITTED USES: No person shall within any EI Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A pit or quarry licensed under The Pits and Quarries Control Act, 1971
(b)
Processing of natural materials removed from the site including crushing,
screening, mixing, washing and storing of such materials
(c)
Concrete or asphalt mixing plant
(d)
Accessory buildings and accessory structures
(e)
A use, building or structure permitted in any one or more of clauses (a) to (d)
inclusive or section 12.1
11.6.3 REGULATIONS: No person shall within any EI Zone use any land or erect or use any
building or structure except in accordance with section 4 and the following regulations:
(a)
all of the regulations in section 12.2 for
a use, building or structure in an A
Zone shall also apply to a use, building
or structure permitted under clause e of
section 11.6.2 in an EI Zone
(b)
the regulations for a use, building, or
structure permitted under clauses (a),
(b), (c) or (d) of section 11.6.2 shall be
as follows:
(i)
Minimum front yard depth
30 metres (99.0 ft.) plus any applicable
distance specified in section 4.27.1
(ii)
Minimum exterior side yard
width
30 metres (99.0 ft.) plus any applicable
distance specified in section 4.27.1
(iii)
Minimum interior side yard
width (81-62, #55)
16 metres (53.0 ft.)
(iv)
Minimum rear yard depth
16 metres (53.0 ft.) plus any applicable
distance specified in section 4.27.1
(v)
No building, structure,
accessory building, accessory
structure or product stockpile of
a pit or quarry shall be located
closer than: 30 metres (164.0
ft.) from any boundary of the
land used for any of the
aforesaid uses permitted under
clauses (a), (b), (c) or (d) of
124
section 11.6.2 or 50 metres
from any boundary of a
residential zone (81-62, #56)
(vi)
Maximum height of building or
structure (81-62, #57)
15 metres (49.2 ft.) subject to section 4.7 and
provided that the height of a building or
structure which is erected or is to be erected
on an excavated portion of a pit or quarry
shall be measured from the average grade
level of the unexcavated ground closest to
such building or structure
125
SECTION 12 - AGRICULTURAL ZONE (A ZONE)
12.1 PERMITTED USES: no person shall within any A Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Agricultural including the growing of field, berry, bush or tree crops; truck
gardening; flower gardening; nurseries; orchards; commercial greenhouses;
aviaries, apiaries, mushroom farms, farms devoted to the hatching, raising and
marketing of chickens, turkeys, or other poultry, fowl, rabbits or other fur-bearing
animals and fish; farms or ranches for grazing of farm animals; breeding, raising
or training of horses or cattle; goat or cattle dairies; the raising of sheep or goats;
the raising of swine; dog kennels or the breeding and sale of dogs and other
domestic animals
(b)
Commercial forestry
(c)
Commercial riding stable
(d)
Accessory buildings and accessory structures which are accessory to any of the
foregoing uses, including:
(i)
storage buildings, including cold storage
(ii)
farm produce outlet, subject to the provisions of section 4.36
(iii)
no more than 1 detached dwelling which is on the same lot as and is
accessory to a use permitted in clauses (a) to (c) of this section and which
is occupied as a residence by the owner of such lot or the principal operator
of the use being conducted on such lot. (2016-105, 81-79, #19)
(iv)
accessory buildings and accessory structures which are accessory to the
dwelling units described in subclause (iii) of this clause (d)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
12.2 REGULATIONS: No person shall within any A Zone erect or use any building or structure
except in accordance with the provisions of section 4 and the following regulations:
(a)
Minimum lot area (81-179, #20)
16 hectares (39.5 ac.)
(b)
Minimum lot frontage
150 metres (493.0 ft.)
(c)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum side yard width each side
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(e)
Minimum rear yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Minimum floor area for each dwelling
unit
80 square metres (892.0 sq. ft.)
(g)
Maximum number of detached dwelling
on one lot (81-179, #20)
only one
(h)
Parking and access requirements
in accordance with section 4.19.1
(i)
Notwithstanding section 4.11, a farm
building or farm structure which is not
126
to be erected or used for the purpose
of human habitation may be erected
upon a lot which fronts or abuts upon a
street which is not an improved street
(j)
Maximum height of a detached
dwelling (2011-136)
10 metres
(k)
Accessory buildings and accessory
structures to a detached dwelling
(2011-136)
in accordance with sections 4.13 and 4.14
12.3 Where a lot in any A Zone having a lesser lot area and/or lot frontage than that required
under this By-law is held under distinct and separate ownership from all abutting lands as
shown by a registered conveyance in the records of the Land Registry Office as at the 5th
day of November, 1979 or is created as a result of an expropriation, nothing in section
4.11 or in the regulations for the A Zone in which such lot is located shall prevent the
erection or use on such lot of a detached dwelling and accessory buildings and accessory
structures which are necessary to such detached dwelling and the use of the remainder
of such lot for one or more of the uses permitted in clauses (a), (b) or (c) of section 12.1
or in subclauses (i) or (ii) of clause d of section 12.1 provided that the lot area of such lot
is not less than 0.4 hectare and the lot frontage of such lot is not less than 30 metres and
further provided that the regulations for R Zones contained in subclauses (iv) to (xi)
inclusive of section 13.2 shall apply to such lot and be complied with. (81-62)
127
SECTION 13 - RURAL ZONE (R ZONE)
13.1 PERMITTED USES: No person shall within any R Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use, building or structure permitted in any one or more of clauses (a) to (d)
inclusive of section 12.1
(b)
A detached dwelling on a separate lot, the location of which complies with the
Minimum Distance Separation formula issued by the Ministry of Agriculture, Food
and Rural Affairs. (2007-156)
(c)
Accessory buildings and accessory structures which are accessory to the use
described in clause (b)
(d)
Farm produce outlet, subject to the provisions of section 4.36. (2016-105)
(e)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
13.2 REGULATIONS: No person shall within any R Zone use any land or erect or use any
building or structure except in accordance with section 4 and the following regulations:
(a)
all of the regulations in section 12.2 for
a use, building or structure in an A
Zone shall also apply to a use, building
or structure permitted under clause (a)
of section 13.1 in an R Zone
(b)
the regulations for a detached dwelling
permitted under clause (b) of section
13.1 shall be as follows:
(i)
Minimum lot area
0.4 hectare (1.0 ac.)
(ii)
Maximum lot area
1.3 hectare (3.2 ac.)
(iii)
Minimum lot frontage
30 metres (99.0 ft.)
(iv)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(v)
Minimum side yard width each
side
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(vi)
Minimum rear yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(vii)
Maximum lot coverage
30%
(viii)
Maximum height or building or
structure
10 metres (33.0 ft.) subject to section 4.7
(ix)
Minimum floor area
80 square metres (892.0 sq. ft.)
(x)
Maximum number of detached
dwellings on one lot
only one
(xi)
Parking and access
requirements
in accordance with section 4.19.1
(c)
Accessory buildings and accessory
structures permitted under clause (c) of
section 13.1 in accordance with
128
sections 4.13 and 4.14.
129
SECTION 14 - OPEN SPACE ZONE (OS ZONE)
14.1 PERMITTED USES: No person shall within any OS Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use permitted in any one or more of clauses (a) to (d) inclusive of section 12.1
(b)
Boating club
(c)
Cemetery
(d)
Hospital
(e)
Private club
(f)
Recreational uses
(g)
Religious institution
(h)
Riding stable
(i)
Sanatorium
(j)
School
(k)
Accessory buildings and accessory structures including not more than one
dwelling unit which is on the same lot as and is accessory to a use which is
permitted in clauses (b) to (j) of this section.
14.2 REGULATIONS: No person shall within any OS Zone use any land or erect or use any
building or structure except in accordance with section 4 and the following regulations:
(a)
all of the regulations in section 12.2 for
a use, building or structure in an A
Zone shall also apply to a use, building
or structure permitted under clause (a)
of section 14.1 in an R Zone
(b)
the regulations for a use, building or
structure permitted under clauses (b) to
(j) inclusive of section 14.1 shall be as
follows:
(i)
Minimum lot frontage
150 metres (493.0 ft.)
(ii)
Minimum front yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(iii)
Minimum lot area
2 hectares (4.9 ac.)
(iv)
Minimum side yard width each
side
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(v)
Minimum rear yard depth
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(vi)
Maximum lot coverage
10%
(vii)
Maximum height or building or
structure
10 metres (33.0 ft.) plus any applicable
distance specified in section 4.27.1
(viii)
Maximum number of dwelling
units on one lot
1 only
(ix)
Parking and access
requirements
in accordance with section 4.19.1
(c)
Accessory buildings and accessory
in accordance with subclause (ii), (Iv), (v) and
130
structures permitted under clause (k) of
section 14.1
(vii) of clause (b) of this section
131
SECTION 15 - DEVELOPMENT HOLDING ZONE (DH ZONE)
15.1 PERMITTED USES: No person shall within any DH Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use which is lawfully being carried on the date of the passing of this By-law upon
such land or in any building or structure erected thereon
(b)
An accessory use to the use described in clause (a)
(c)
A detached dwelling
(d)
A home occupation in a detached dwelling or in a dwelling unit of an existing semi-
detached dwelling or duplex dwelling, subject to the provisions of section 5.5
(e)
Cultivation of land but excluding licensed cannabis production facilities and
designated medical growth of cannabis
(f)
Production of field crops but excluding licensed cannabis production facilities and
designated medical growth of cannabis
(g)
Flower and market gardening
(h)
Grazing for horses, cattle and sheep
(i)
Farm produce outlet, subject to the provisions of section 4.36 (2016-105)
(j)
Accessory buildings and accessory structures, subject to the provisions of sections
4.13 and 4.14. (2016-03)
(k)
A bed and breakfast in a detached dwelling, that complies with the provisions set
out in section 4.37 (2018-91)
15.2 REGULATIONS: No person shall within any DH Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
regulations:
(a)
all of the provisions of section 5 which apply to R1E Zones shall also apply to DH
Zones
(b)
the regulations for R1E Zones contained in clauses (a) to (l) inclusive of section
7.5.2 shall also apply to DH Zones
(c)
nothing in this section shall apply to prevent the reconstruction of any building or
structure that is damaged by causes beyond the control of the owner subsequent
to the date of the passing of this By-law, provided the reconstruction of such
building or structure will not increase the height, size or volume or change the use
of such building or structure
(d)
nothing in this section shall apply to prevent the strengthening or restoration to a
safe condition of any building or structure or part of any such building or structure
or the alteration or repair of an existing building or structure, provided such
alteration or repair will not increase the height, size or volume or change the use
of such building or structure
132
SECTION 16 - HAZARD LAND ZONE (HL ZONE)
16.1 PERMITTED USES: No person shall within any HL Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use permitted in any one or more of clauses (a) to (d) inclusive of section 12.1
except a dwelling, dwelling unit or any other building or structure
(b)
A dwelling existing at the date of the passing of this By-law, but not the conversion,
extension or enlargement thereof
(c)
Parks, playgrounds, tennis courts, lawn bowling greens, outdoor natural rinks,
athletic fields, golf courses, picnic areas and boat launching ramps, boat shelters
and docking facilities and accessory structures but not including any dwelling or
dwelling unit
16.2 REGULATIONS: No person shall within any HL Zone use any land or erect or use any
building or structure except in accordance with section 4 and the following regulations:
(a)
all of the regulations in section 12.2 for a use, building or structure in an A Zone
shall also apply to a use, building or structure permitted under clause (a) of section
16.1 in an HL Zone
(b)
all of the regulations in section 14.2 for a use, building or structure in an OS Zone
shall also apply to a use, building or structure permitted under clause (c) of section
16.1 in an HL Zone
133
SECTION 17 - PARKING ZONE (P ZONE)
17.1 PERMITTED USE: No person shall within any P Zone use any land or erect or use any
building or structure for any purpose except the following use: Parking lot, including
accessory buildings and accessory structures
17.2 REGULATIONS: No person shall within any P Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
regulations:
(a)
Minimum lot area
400 square metres (4,306) sq. ft.
(b)
Minimum front yard depth
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(c)
Minimum exterior side yard width
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(d)
Minimum interior side yard width
3 metres (9.84 ft.)
(e)
Minimum rear yard depth
3 metres (9.84 ft.) plus any applicable
distance specified in section 4.27.1
(f)
Maximum height or building or
structure
3 metres (9.84 ft.) subject to section 4.27
(g)
Minimum landscaped open space
(h)
Either a planting strip not less than 2
metres in width which complies with the
requirements of section 4.14 and which
shall be provided and maintained along
the whole of every lot line which abuts
a street, except that part thereof
crossed by an access ramp or
sidewalk, or a close-board type fence
or a decorative wall that complies with
the height requirements of section 4.17
shall be provided.
134
SECTION 18 - PARKING HOLDING ZONE (PH ZONE)
18.1 PERMITTED USES: No person shall within any PH Zone use any land or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
A use which is lawfully being carried on on the date of the passing of this By-law
upon such land or in any building or structure erected thereon
(b)
An accessory use to the use described in clause (a)
(c)
A home occupation in an existing detached dwelling or in a dwelling unit of an
existing semi-detached dwelling or a duplex dwelling, subject to the provisions of
section 5.5
18.2 REGULATIONS: No person shall within any PH Zone use any land or erect or use any
building or structure except in accordance with the provisions of section 4 and the following
regulations:
(a)
nothing in this section shall apply to prevent the reconstruction of any building or
structure that is damaged by causes beyond the control of the owner subsequent
to the date of the passing of this By-law, provided the reconstruction of such
building or structure will not increase the height, size or volume or change the use
of such building or structure.
(b)
nothing in this section shall apply to prevent the strengthening or restoration to a
safe condition of any building or structure or part of any such building or structure
or the alteration or repair of an existing building or structure, provided such
alteration or repair will not increase the height, size or volume or change the use
of such building or structure.
135
SECTION 18A - ENVIRONMENTAL PROTECTION AREA (EPA) ZONE
18A.1 PERMITTED USES: No person shall within any EPA Zone use any land or erect or use
any building or structure for any purpose except one or more of the following uses: (2016-
04)
(a)
Conservation use
(b)
Existing agricultural use
(c)
Wildlife management
(d)
Works of a Conservation Authority
18A.2 REGULATIONS: No person shall within any EPA Zone use any land or erect or use any
building or structure except in accordance with the following regulation: (2016-04)
(a)
Buildings and structures No buildings or structures are permitted unless for flood
control purposes in accordance with the regulations of the Conservation Authority
having jurisdiction or appropriate government agency. Docks and boat ramps will
be allowed subject to the approval of the Conservation Authority and/or appropriate
government agencies. (2016-04)
136
SECTION 19 - EXCEPTIONS AND SPECIAL PROVISIONS
19.1
Notwithstanding anything herein before contained, 2016-04
19.1.1
None of the provisions of section 4.1 shall apply to prevent the use of the land on the
west side of Victoria Avenue designated OS and numbered 1 on Sheet D3 of
Schedule "A" or the erection or use of buildings or structures thereon for the purpose
of a helicopter airport subject to compliance with section 14.2 and the remaining
provisions of this By-law;
19.1.2
None of the provisions of section 7.7.1 shall apply to prevent the use of a detached
dwelling or a semi-detached dwelling or a duplex dwelling within the area bounded on
the north by Morrison Street, on the west by the railway right-of-way of Consolidated
Rail Corporation, on the east by River Road and on the south by that section of John
Street between River Road and Falls Avenue, that section of Falls Avenue between
John Street and Highway 420 and that section of Highway 420 between Falls Avenue
and the said railway right-of-way and designated R2 and numbered 2 on sheets D3
and D4 of Schedule "A" for the purpose of a tourist home containing not more than 4
rooms for tourists in such dwelling, provided that the external appearance of such
dwelling as a residence is maintained and the parking facilities required in section
4.19.1 are provided and maintained;
19.1.3
q) none of the provisions of section 4.19.1 shall apply to require the owner of the
apartment dwelling to be erected on the land between the south limit of Huron Street
and the north limit of Morrison Street designated R5F and numbered 3 on Sheet D3 of
Schedule "A" to provide and maintain 1.4 parking spaces for each dwelling unit in the
said apartment dwelling, provided that the said owner shall provide and maintain not
less than one parking space for each dwelling unit in such apartment dwelling and
further provided that such apartment dwelling shall contain not more than 61 dwelling
units;
p) the provisions of clause m of section 7.15.2 shall not apply to prevent the use of the
land between the south limit of Huron Street and the north limit of Morrison Street
designated R5F and numbered 3 on Sheet B3 of Schedule "A" or the erection or use
of buildings or structures thereon providing less landscaped open space than 55% of
the lot area provided that the minimum landscaped open space shall not be less than
25% of the lot area
19.1.4
Deleted by By-law No. 2008-40.
2006-93
2021-07
19.1.5
Repealed by By-law No. 2021-07.
81-62 #59
19.1.6
None of the provisions of section 14.1 shall apply to prevent the use of the lands
designated OS and numbered 6 on Sheets D6 and D7 of Schedule "A" or the erection
or use of buildings or structures thereon for the purpose of a commercial marine show
and animal park including any or all of the following: a boat ride, steam train, monorail
railway, carnival show, circus, merry-go-round, carousel, ferris wheel, roller coaster or
other mechanical amusement rides or devices; and, for the purpose of clarification, the
accessory buildings and accessory structures permitted on the aforesaid lands include
not more than a detached dwelling premises in or from which souvenirs, food and
refreshments, or any of them, are offered for sale or sold to persons attending the said
commercial marine show or animal park but do not include premises in or from which
souvenirs, food or refreshments are offered for sale or sold to the public
2018-022
19.1.7
Repealed by By-law No. 2018-022.
19.1.8
The provisions of clause g of section 8.6.2 shall not apply to prevent the erection of a
hotel on the land on the west side of Stanley Avenue designated TC and numbered 8
on Sheet D5 of Schedule "A" having a height of not more than 28 metres;
19.1.9
None of the provisions of section 11.1.1 shall apply to prevent the use of the land on
the west side of Stanley Avenue designated PI and numbered 9 on Sheets C6 and D6
of Schedule "A" for the purpose of a mobile home park containing not more than 50
mobile homes;
19.1.10
No person shall erect or use a detached dwelling within the area north of Mountain
Road designated R1A and numbered 10 on Sheet C1 of Schedule "A" on a lot having
a lot area of less than 2,000 square metres or a lot frontage of less than 30 metres
and the provisions of clauses a and b, section 7.1.2, shall not apply to land within the
said area;
19.1.11
None of the provisions of section 7.3.1 shall apply to prevent the use of the land on
the east side of Portage Road designated R1C and numbered 11 in sheet C2 of
Schedule "A" and the existing building thereon for the purpose of a nursery school for
pre-school children together with not more than one dwelling unit in the said building;
19.1.12
Repealed by By-law No. 98-245.
19.1.13
None of the provisions of section 8.2.1 shall apply to prevent the use of the land on
the east side of Drummond Road south of William Street designated GC and
numbered 13 on Sheet C3 of Schedule "A" or the erection or use of a building or
structure thereon for the purpose of a public garage, auto body, provided that no
automobile fuels or lubricants are stored or kept for sale on the land or within any such
building or structure;
19.1.14
Repealed by By-law No. 88-31
81-126
19.1.15
None of the provisions of section 7.10.1 or clause j of section 7.10.2 shall apply to
prevent the erection and use on the land designated R5A and numbered 15 on Sheet
C5 of Schedule "A", as amended, of two apartment dwellings subject to compliance
with By-law No. 81-126
94-297
19.1.16
as amended by OMB
Order None of the provisions of section 12.1 shall apply to prevent the land on the
west side of Mewburn Road, designated A and numbered 16 on Sheet D1 of Schedule
"A" from being used for the purpose of providing a detached dwelling and not more
than 69 residential units in the form of trailer and mobile home units, serviced by a
private sewage disposal system and utilities required to maintain the development,
with or without ancillary uses and structures only to the extend necessary to service
the residents, which may include recreational facilities; and a convenience commercial
use, which shall be situated internal to the development and not closer than 60 metres
(300 feet) of the westerly limit of Mewburn Road.
19.1.17
None of the provisions of section 12.1 shall apply to prevent the use of the land on the
south side of Mountain Road designated A and numbered 17 on Sheet B2 of
Schedule "A" for the purpose of a mobile home park containing not more than 17
mobile homes;
19.1.18
Repealed by By-law No. 90-178;
19.1.19
Repealed by By-law No. 86-204;
19.1.20
None of the provisions of section 8.2.1 shall apply to prevent the use of the land on
the south side of McLeod Road designated GC and numbered 20 on Sheets B5 and
B6 of Schedule "A" or the erection or use of any building or structure thereon for the
purpose of a drive-in restaurant, automobile service centre, gasoline bar or car wash
provided that a retail store shall not be a permitted use unless it is ancillary or
subordinate to another permitted use and such ancillary or subordinate retail use does
not exceed 20% of the total gross leasable floor area of a building used for such
permitted use;
19.1.21
Nothing in section 8.9.1 shall apply to prevent the use of the land at the northeast
corner of Garner and McLeod Roads designated AS and numbered 21 on Sheets B5
and B6 of Schedule "A" or the erection or use of a building or structure thereon for the
purpose of either or both a used car lot and a public garage, auto body subject to
compliance with section 8.9.2 and the remaining provisions of this By-law;
19.1.22
Repealed by By-law No. 80-187.
19.1.23
Removed by By-law No. 2004-157.
19.1.24
None of the provisions of section 7.11.1 shall apply to prevent the use of the land on
the east side of Drummond Road designated R5B and numbered 24 on sheet C3 of
Schedule "A" or the erection or use of buildings thereon for one or more of the uses
permitted under section 7.9.1 in an R4 Zone provided that all of the regulations in
section 7.9.2 for a use, building or structure in an R4 Zone shall also apply to a use,
building or structure permitted under this section on the said land;
19.1.27
Repealed by By-law No. 84-229
19.1.28
None of the provisions of subclause (iii) of clause b or of subclauses (i) and (ii) of
clause e of section 7.7.2 shall apply to prevent the erection and use on the land lying
north of Caronpost Road and south of Cattell Drive and designated R2 and numbered
28 on Sheets E6 and E7 of Schedule "A" of semi-detached dwellings or duplex
dwellings having a lesser lot frontage and interior side yard width than that specified in
said subclause (iii) of clause b and subclauses (i) and (ii) of clause e of said section
7.7.2 provided that the minimum lot frontage and minimum interior side yard width
shall not be less than the following:
a) minimum lot frontage for a semi-detached dwelling or a duplex dwelling on an
interior lot 15 metres
b) minimum interior side yard width, subject to the provisions of clauses a and b
of section 5.1, for a one storey, one and one-half storey, split level building or a
building with two or more storeys 1 metre;
19.1.29
The provisions of subclause (ii) of clause f of section 11.2.2 shall not apply to prevent
the erection or use of a building or structure on the land south of Don Murie Street
designated LI and numbered 29 on Sheet C7 of Schedule "A" having a lesser
minimum rear yard depth than that specified in said subclause (ii) of clause f of section
11.2.2 provided that the minimum rear yard depth shall be not less than 3 metres plus
any applicable distance specified in section 4.27.1;
19.1.30
None of the provisions of section 8.1.1 shall apply to prevent the use of the land on
the west side of Stanley Avenue designated NC and numbered 30 on Sheet D6 of
Schedule "A" for the purpose of an automobile service station or a gasoline bar
provided that all of the regulations in section 8.9.2 for an automobile service station in
an AS Zone shall apply to such automobile service station on the said land and all of
the regulations in section 8.9.3 for a gasoline bar in an AS Zone shall apply to such
gasoline bar on the said land;
19.1.31
No person shall use any land within registered Plan No. 243 for the City of Niagara
Falls or within Plan --67 designated PI or LI on Sheets C6, C7, D6 and D7 of
Schedule "A" or erect or use any building or structure thereon for any of the following
purposes, namely, a new car agency, a used car lot or a public garage, auto body;
81-179
#22
19.1.32
Notwithstanding the GI designation, no person shall use any land within Registered
Plan No. 243 for the City of Niagara Falls or within Registered Plan --67 designated
GI and numbered 32 on Sheets C6 and C7 of Schedule "A", as amended, or erect or
use any building or structure thereon for the purpose of a kennel for the boarding or
breeding of dogs and cats or for the purpose of cleaning, curing, storing or tanning of
fresh or green hides;
19.1.33
Deleted by By-law No. 2009-126.
76-200
19.1.35
Repealed by By-law No. 86-90;
80-251
19.1.36
The provisions of clause a of section 4.25 shall not apply to prevent the use of the
land on the northeasterly side of Main Street designated TC and numbered 36 on
Sheet C5 of Schedule "A" having a lot frontage of not less than 30 metres or the
erection or use of a building or structure thereon for the purpose of a motel, and
nothing in section 8.6.1 shall apply to prevent the erection or use on the said land of
not more than a detached dwelling provided that all of the regulations in section 7.5.2
for a use, building or structure in an R1E Zone shall apply to such detached dwelling
to be erected on the said land;
81-179
#23
19.1.37
The provisions of clause a of section 8.1.2 shall not apply to prevent the use of the
land on the south side of Thorold Stone Road west of Montrose Road designated NC
and numbered 37 on Sheet B3 of Schedule #23 "A", as amended, having a lot
frontage of not less than 18 metres or the erection or use of a building or structure
thereon for one or more of the uses permitted under section 8.1.1;
81-62 #60
19.1.38
19.1.39
The provisions of clause c of section 11.2.2 of By-law 79-200 shall not apply to
prevent the erection of buildings on the land on either side of Oakwood Drive shown
hatched and designated LI and numbered 39 on Sheets B5 and C5 of Schedule "A",
as amended, having a front yard depth of less than 10 metres provided that no such
front yard depth is less than 7.5 metres;
81-62
2020-82
19.1.40
Repealed by By-law No. 2020-82.
81-62
19.1.41
None of the provisions of section 11.1.1 shall apply to prevent the use of the land on
the west side of Dorchester Road designated PI and numbered 41 on Sheet C4 of
Schedule "A", as amended, or the erection or use of buildings or structures thereon for
the purpose of an office;
81-62
19.1.42
Repealed by By-law No. 85-186.
19.1.43
None of the provisions of section 8.1.1 shall apply to prevent the use of the land on
the west side of St. Paul Avenue designated NC and numbered 43 on Sheet C2 of
Schedule "A", as amended, or the erection or use of buildings or structures thereon for
the purpose of a public house within the meaning of The Liquor Licence Act;
81-62
19.1.44
Repealed by By-law No. 2000-103.
81-62
19.1.45
None of the provisions of section 11.2.1 shall apply to prevent the use of the land on
the east side of Montrose Road designated LI and numbered 45 on Sheet B3 of
Schedule "A", as amended, or the erection or use thereon of a free standing building
for the purpose of an office;
81-62
19.1.46
None of the provisions of section 8.2.1 shall apply to prevent the use of the land on
the east side of Drummond Road shown hatched and designated GC and numbered
46 on Sheet C5 of Schedule "A", as amended, or the erection or use of buildings or
structures thereon for the purpose of a public garage, auto body;81-62
19.1.47
Nothing in clause g of section 8.6.2 shall apply to prevent the erection of a hotel on the
land on the east side of Fallsview Boulevard designated TC and numbered 47 on
Sheets D5 of Schedule "A", as amended, having a height of not more than 17 metres
provided that notwithstanding subclause ii of clause d of section 8.6.2, the minimum
interior side yard width on the easterly side of the said hotel shall be 2.4 metres;
19.1.49
(a)
in addition to the uses permitted by section 11.4.1 in HI Zones, the following
uses shall be permitted on the lands lying east of Stanley Avenue designated HI and
numbered 49 on Sheets C3 and D3 of Schedule "A", as amended, and on the lands
lying north of Chippawa Creek Road and east of Thorold Town Line Road designated
HI and numbered 49 on Sheets A6 and A7 of Schedule "A", as amended, hereinafter
jointly called the said lands:
(a) an organic and inorganic chemical plant
(b) bulk storage of gasoline, oil or other inflammable liquids or gases
(c) coke manufacture
(d) manufacturing gas
(e) manufacturing glue
(f) manufacturing, refining or processing acid, ammonia, chlorine
(g) manufacturing or storing of explosives, ammunition or fireworks
(h) refining petroleum or petroleum products
(i) an incinerator and a disposal area, as accessory uses to the principal uses
of the said lands and which have received the approval of the Ministry of the
environment and all other required approvals
(j) a sewage system and a septic tank system and buildings and structure may
be erected on the said lands and used for any one or more of the foregoing
additional uses provided that the uses in clause I and j above shall be
restricted to the disposal of wastes resulting from the other permitted uses
carried on any part of the said lands and not for the disposal of wastes
emanating elsewhere;
(b)
none of the provisions of sections 4.13 or 4.14 shall apply to prevent the
erection and use of accessory buildings or accessory structures in any front yard, side
yard, or rear yard of the said lands described in clause a and numbered 49 on Sheets
A6, A7, C3 and D3 of Schedule "A", as amended, provided that any such building or
structure is not erected in any required front yard, required side yard or required rear
yard;
(c)
none of the provisions of section 4.19.1 shall apply to require the owner of a
chemical plant erected on the said lands described in clause a and numbered 49 on
Sheets A6, A7, C3 and D3 of Schedule "A", as amended, to provide and maintain 1
parking space for each 90 square metres of floor area of the said chemical plant,
provided that the said owner shall provide and maintain entirely within the limits of the
said lands a parking area or parking areas which shall have a sufficient number of
parking spaces to accommodate all employee and visitor parking at all times and in no
event shall such parking area or parking areas contain less than one parking space for
each 3 employees;
(d)
none of the provisions of section 4.19.1 shall apply to require the owner of a
chemical plant erected on the said lands described in clause a and numbered 49 on
Sheets A6, A7, C3 and D3 of Schedule "A", as amended, to provide and maintain
loading spaces to the extent prescribed in section 4.19.1;
19.1.50
Repealed by By-law No. 85-234.
81-62
19.1.51
Notwithstanding the PI designation, no person shall use the land on the east side of
Stanley Avenue, north of Church's Lane designated PI and numbered 51 on Sheet C2
of Schedule "A", as amended, or erect or use any building or structure thereon for any
purpose except one or more of the uses enumerated in clauses a,b,e,f,h,j,m,n,o and p
of section 11.1.1 subject to compliance with sections 11.1.1 and 11.1.2;
19.1.52
Notwithstanding the LI designation, no person shall use the land on the east side of
Stanley Avenue north of Church's Lane designated LI and numbered 52 on Sheet C2
of Schedule "A", as amended, or erect or use any building or structure thereon for any
purpose except one or more of the uses enumerated in clauses a, b, c, d, e, f, g, h, I, l,
m, q, s, t, x, y, z and aa of section 11.2.1 subject to compliance with sections 11.2.1
and 11.2.2;81-62
19.1.53
None of the provisions of section 11.3.1 shall apply to prevent the use of the land on
the west side of Victoria Avenue north of Bridge Street designated GI and numbered
53 on Sheet D3 of Schedule "A", as amended, or the erection or use of any building or
structure thereon for any one or more of the following uses: cannery, paper and paper
products plant, plastic products plant, textile and textile processing plant, wood
products factory subject to compliance with section 11.3.2
81-62
19.1.54
None of the provisions of section 11.2.1 shall apply to prevent the use of the land on
the east side of Victoria Avenue designated LI and numbered 54 on Sheet D3 of
Schedule "A", as amended, or the erection or use of a building or structure thereon for
the purpose of an automobile service station provided that all of the regulations in
section 8.9.2, as amended, for an automobile service station in an AS Zone shall
apply to such automobile service station on the said land; Refer to By-law NO.
2019.74.
81-179
2019-74
19.1.55
Notwithstanding the GI and HI designations, no person shall use any of the land west
of Stanley Avenue designated GI or HI and numbered 55 on #22 Sheets C6 and D6 of
Schedule "A", as amended, or erect or use any building or structure thereon for the
purpose of cleaning, curing, storing or tanning of fresh or green hides; Refer to By-law
No. 2019-74.
81-62
19.1.56
(e)
in addition to the uses permitted by section 11.3.1 in GI Zones, the following
uses shall be permitted on the land lying east of Dorchester Road designated GI and
numbered 56 on Sheets C6 and C7 of Schedule "A", as amended:
(a)
manufacturing, refining and distillation of organic and inorganic chemicals and
plastics
(b)
bulk storage of coal, fuel, gasoline, oil and other petrochemicals and
inflammable liquids or gases
(c)
manufacturing gas
(d)
refining petroleum or petroleum products and buildings and structures may be
erected on the said land and used for any one or more of the foregoing additional
uses;
(b)
none of the provisions of section 4.13 and 4.14 shall apply to prevent the
erection and use of accessory buildings or accessory structures in any front yard, side
yard or rear yard of the said lands described in clause a and numbered 56 on Sheets
C6 and C7 of Schedule "A", as amended, provided that any such building or structure
is not erected in any required front yard, required side yard or required rear yard;
(c)
none of the provisions of section 4.19.1 shall apply to require the owner of a
chemical and plastics plant erected on the said land described in clause a and
numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, to provide and
maintain 1 parking space for each 90 square metres of floor area of the said chemical
and plastics plant, provided that the said owner shall provide and maintain not less
than one parking space for each 200 square metres of floor area in such chemical and
plastics plant or for each 4 employees, whichever is greater;
(d)
none of the provisions of section 4.19.1 shall apply to require the owner of a
chemical and plastics plant erected on the said land described in clause a and
numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, to provide and
maintain loading spaces to the extent prescribed in section 4.19.1;
(e)
the provisions of clause g of section 11.3.2 shall not apply to the erection or use
on the lands described in clause a and numbered 56 on Sheets C6 and C7 of
Schedule "A", as amended, of the following types of structures and buildings:
processing towers, processing equipment and industrial process buildings;
19.1.57
Repealed by By-law No. 89-266.
19.1.58
None of the provisions of section 11.3.1 shall apply to prevent the use of the land west
of Stanley Avenue designated GI and numbered 58 on sheets C2 and C3 of Schedule
"A", as amended, or the erection or use of any building or structure thereon for anyone
or more of the following uses: cannery, paper and paper products plant, plastic
products plant, textile and textile processing plant, wood products factory subject to
compliance with section 11.3.2;
19.1.59
Refer to By-law No. 2010-101.80-198
19.1.60
None of the provisions of section 7.7.2 shall apply to prevent the use of the land on
the east side of Second Avenue designated R2 and numbered 60 on Sheet D4 of
Schedule "A", as amended, and the use of the building thereon for the purpose of a
detached dwelling having a lesser front yard, interior side yard and rear yard and a
greater maximum lot coverage than that specified in clauses c,d,e and g of said
section 7.7.2 provided that the minimum front yard depth, minimum rear yard depth
and minimum interior side yard width shall not be less than the following:
(i) Minimum front yard depth 15 metre
(ii) Minimum rear yard depth 1 metre
(iii) Minimum interior side yard width None required and further provided that
the maximum lot coverage shall not exceed 95%.
19.1.62
Repealed by By-law No. 96-214.
19.1.64
Shall no longer apply, see By-laws Nos. 87-12, 87-97 and 87-98.
19.1.67
Deleted by By-law 2008-174.
81-73
19.1.68
The use of the land on the south side of Lundy's Lane designated OS and numbered
68 on Sheet A5 of Schedule "A" to By-law No. 79-200, as amended, and the erection
and use of any building or structure thereon shall be subject to compliance with By-law
No. 81-73
83-153
19.1.69
The provisions of clause g of section 8.6.2 shall not apply to prevent the erection or
use of the land designated TC and numbered 69 on Sheet D4 of Schedule "A", as
amended, of a 6 storey hotel and an atrium subject to compliance with By-law No.
83-153; (also see By-law 84-20).
19.1.71
Repealed by By-law No. 93-56.
81-181
2019-66
19.1.72
Repealed by By-law No. 2019-66.
81-199
19.1.73
None of the provisions of section 4.19.1 or of clause i of section 8.5.2 shall apply so as
to require the owner or occupant of any building which is hereafter to be erected or to
be extended or enlarged or to be materially altered on land within the area designated
CB, CB2, CB3, CB4, CB4-1, CB5 and CB6 on Sheet D3 of Schedule "A", as
amended, for the purpose of any one or more of the uses permitted in clauses a, c, d,
e, g, h, i, k, m, n, p, q, t, v, w, y, z, bb, dd, ee, ff, gg and hh of section 8.5.1 (which for
the purpose of this section19.1.73 are hereafter referred to as the "designated uses")
to provide or maintain a parking area to the extend prescribed in said section 4.19.1
with respect to the following part or parts of any such new building to be erected or of
any such extension or enlargement of an existing building or of any such material
alteration of an existing building:
(a) each of the first two storeys above the basement or cellar, provided that the
whole of each such storey is used for one or more of the designated uses and
the basement or cellar is not used for any of the designated uses other than
storage in connection with the use or uses being carried on above it, or
(b) the basement or cellar if it is used for one or more of the designated uses
other than storage in connection with the designated use or uses being carried
on above it and the first storey above the basement or cellar, provided that the
whole of such storey is also used for one or more of the designated uses, and
(c) any dwelling unit on the one storey which is immediately above the upper
storey described in either of the preceding clauses a and b provided the owner
or occupant of such building provides and maintains a parking area to the
extent prescribed in section 4.19.1 with respect to the remainder, if any, of
such building. For the purpose of this section 19.1.73 and sections19.1.74
and19.1.75 "materially altered" and "material alteration" mean such alteration
for which a building permit is required under The Building Code Act, 1974.
81-199
2008-23
19.1.74
None of the provisions of section 4.19.1 or of clause I of section 8.2.2 shall apply to as
to require the owner or occupant of any building which is hereafter to be erected or to
be extended or enlarged or to be materially altered on land within the area designated
GC and numbered 74 on Sheet C4 of Schedule "A", as amended, for the purpose of
any one or more of the uses permitted in clauses b, c, d, e, h, j, l, n, o, q, r, v, x, y, aa,
bb, cc, ee, gg, hh, ii, jj, ll, qq and rr of section 8.2.1 (which for the purpose of this
section 19.1.74 are hereafter referred to as the "designated uses") to provide or
maintain a parking area to the extent prescribed in said section 4.19.1 with respect to
the same part or parts of any such new building to be erected or of any such extension
or enlargement of any existing building or of any such material alteration of an existing
building as are specified in clauses a, b and c of section19.1.73, the provisions of
which shall apply to this section19.1.74 except that for the purpose of this section
"designated uses" shall mean the uses enumerated in this section, provided the owner
or occupant of such building provides and maintains a parking area to the extent
prescribed in section 4.19.1 with respect to the remainder, if any, of such building.
2012-61
19.1.75
None of the provisions of section 4.19.1 or of clause i of section 8.6.2 or section 19
shall apply so as to require the owner or occupant of any building which is hereafter to
be erected or to be extended or enlarged or to be materially altered on land within the
area designated TC and numbered 75 on Sheet D4 and D5 of Schedule "A", for the
purpose of any one or more of the uses permitted in clauses a, d, e, f, i, k, m, n, o, p,
s, u, v, w, x, y, aa, bb, cc, dd, ee, ff, ll and mm of section 8.6.1 (which for the purpose
of this section 19.1.75 are hereafter referred to as the "designated uses"), to provide
or maintain a parking area to the extent prescribed in said section 4.19.1 with respect
to the same part or parts of any such new building to be erected or of any such
extension or enlargement of any existing building or of any such material alteration of
an existing building as are specified in clauses a, b and c of section 19.1.73, the
provisions of which shall apply to this section 19.1.75 except that for the purposes of
this section "designated uses" shall mean the uses enumerated in this section,
provided the owner or occupant of such building provides and maintains a parking
area to the extent prescribed in section 4.19.1 with respect to the remainder, if any, of
such building." 82-49
19.1.76
No person shall use the land on the north side of Spring Street designated I and
numbered 76 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, or
erect or use any building or structure thereon for any purpose except for either or both
a private club and a community building, subject to compliance with By-law No. 82-49.
81-255
19.1.77
The provisions of clause g of section 8.6.2 shall not apply to prevent the erection and
use on the land designated TC and numbered 77 on Sheet D4 of Schedule "A", as
amended, of an hotel 18.8 metres in height subject to compliance with By-law No.
81-255.
81-304
19.1.78
None of the provisions of section 4.28 shall apply to prevent the erection of walls and
enclosure and use of an existing exterior patio for a commercial purpose on the land
on the east side of Victoria Avenue designated TC and numbered 78 on Sheet D4 of
Schedule "A", as amended, provided that the area enclosed shall not exceed 37
square metres.
81-283
2014-75
19.1.79
Repealed by By-law No. 2014-75.
82-2
19.1.80
None of the provisions of section 4.28 shall apply to prevent the erection of walls and
enclosure and use of an existing porch for a commercial purpose on the land on the
east side of Victoria Avenue designated TC and numbered 80 on Sheet D4 of
Schedule "A", as amended, provided that the area enclosed shall not exceed 28
square metres.
81-305
19.1.81
None of the provisions of subclause iv of clause a, subclause vi of clause b or
subclause ii of clause e of section 7.8.2 shall apply to prevent the use of the land on
the south side of Morrison Street designated R3 and numbered 81 on Sheet D3 of
Schedule "A", as amended, or the alteration and use of the existing dwelling thereon
for the purpose of a triplex dwelling having a lesser side yard width on the easterly
side than 3 metres provided that the width of the said side yard is not less than 2.4
metres.
19.1.84
The extension or enlargement, to the extent hereinafter prescribed, of the land on the
north side of Bridge Street hereinafter referred to and the garage building erected
thereon and their use for the purpose of the sale and installation of tires and batteries
for motor vehicles is hereby permitted, provided
(i) the land to be used for the purpose aforesaid shall not extend beyond the
limits of the land shown hatched and numbered 84 on Sheet D3 of Schedule
"A", as amended,
(ii) the extension or enlargement of the said building shall not exceed the
enclosure of an area 8 metres in width and 1 metre in depth on the southerly
side of the said building and the erection of a canopy 10.5 metres in width and
2.5 metres in depth on the southerly side of the said building,
(iii) the said land and garage building as so extended or enlarged continue to
be used in the same manner and for the same purpose as they were used on
the 5th day of November, 1979, namely for the purpose of the sale and
installation of tires and batteries for motor vehicles.
90-155
19.1.84 (A)
No building or structure shall be erected on the land shown hatched and numbered
84A on said Sheet D3 of Schedule "A", as amended, and the said land shall be used
only for the purpose of a surface parking area and landscaped open space and a
storage area in conjunction with the use referred to in section19.1.84 and in
accordance with By-law No. 90-155.
19.1.85
Repealed by By-law No. 2004-136.
19.1.86
Repealed by By-law No. 99-106.
19.1.87
Repealed by By-law No. 89-318.
19.1.88
Repealed by By-law No. 99-106.
82-189
19.1.89
None of the provisions of sections 4.4 or 11.2.1 or clause n of section 11.2.2 shall
apply to prevent the use of the land on the north side of Montgomery Street and the
east side of Kalar Road designated LI and numbered 89 on Sheet B6 of Schedule "A",
as amended, for outside storage in conjunction with the use of such land and of any
building or structure to be erected thereon for the purpose of public service by Niagara
Falls Hydro-Electric Commission subject to compliance with clauses a to m inclusive
of section 11.2.2 and provided that no part of the said land which is closer
(i) to the northerly boundary thereof than 3.5 metres,
(ii) to the westerly boundary thereof than 10 metres,
(iii) to the westerly 290 metres of the southerly boundary thereof than 3.5
metres,
(iv) to the remainder of the southerly boundary thereof than 7.5 metres shall be
used for the purpose of outside storage or for the purpose of structures for the
storage of fuel.
82-115
19.1.90
Nothing in sections 7.7.1 or 7.7.2 shall apply to prevent the erection on the land
designated R2 and numbered 90 on Sheet D3 of Schedule "A", as amended, of a
monument subject to compliance with By-law No. 82-115.
83-192
83-192
19.1.92
(a) Notwithstanding the R3 designation or anything contained in section 7.8.1,
no person shall use the land on the west side of Ottawa Avenue designated R3
and numbered 92 on Sheet D4 of Schedule "A", as amended, or erect or use
any building or structure on the said land for any purpose except one on street
townhouse dwelling containing not more than 4 dwelling units, subject to
compliance with By-law No.83-192, or one or more of the uses enumerated in
clauses a,b,c,g and h of said section 7.8.1;
(b)
None of the provisions of clause a of section 4.19.1 or of subclause v of
clause b or of subclause ii of clause e or of clause k of section 7.8.2 shall apply to
prevent the erection and use of such on street townhouse dwelling on the aforesaid
land, subject to compliance with said By-law No. 83-192.
82-237
19.1.93
Repealed by By-law No. 2009-184.
82-268B
19.1.94
None of the provisions of section 8.1.1 or of clauses c or e of section 8.1.2 shall apply
to prevent the use of the said land on the south side of McLeod Road designated NC
and numbered 94 on Sheet C5 of Schedule "A", as amended, or the erection and use
of structures on such land for the purpose of a gasoline bar in conjunction with a retail
store subject to compliance with By-law No. 82-268B. Notwithstanding clause f or any
other provision of section 8.1.2, the maximum lot coverage of the land on the east side
of Drummond Road designated NC and numbered 95 on Sheet C5 of Schedule "A",
as amended, shall be 15% and landscaped open space shall be provided and
maintained on the said land to the extent, at least of 30% of the area of the said land.
82-268B
19.1.95
See 19.1.94.
82-257
19.1.96
None of the provisions of sections 2.42, 2.49 or 8.6.1 shall apply to prevent the use of
the land designated TC and numbered 96 on Sheet D5 of Schedule "A", as amended,
or the erection or use of buildings or structures thereon for the purpose of a miniature
racing car amusement ride, subject to compliance with By-law No. 82-257.
85-155
19.1.97
None of the provisions of section 8.8.1 or of clauses (a) or (b) of section 8.8.2 or of
clause (c) or subclause (ii) of clause (e) of section 7.5.2 or of section 5 shall apply to
prevent the erection of an addition to the existing building on the land on the
southeasterly side of Lewis Avenue designated DTC and numbered 97 on Sheet D4 of
Schedule "A", as amended, or the use of the said land, building and addition thereto
for the purpose of a retail food store with not more than one dwelling unit above the
retail food store, subject to compliance with By-law No. 85-155.
19.1.98
Repealed by By-law No. 97-196.
84-3
19.1.99
Repealed by By-law No. 94-264.
83-151
19.1.100
None of the provisions of section 11.2.1 shall apply to prevent the use of the land on
the west side of Beechwood Road designated LI and numbered 100 on Sheet A6 of
Schedule "A", as amended, or the erection and use thereon of buildings or structures
for the purpose of a non-motorized bicycle race course as defined in By-law No.
83-151 subject to compliance with such by-law.
19.1.101
Repealed by By-law No. 98-37.
84-238
19.1.102
No person shall use the land on the westerly side of Valley Way designated R1C and
numbered 102 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, for
any purpose except for the purpose of a private landscaped passive park and no
person shall erect or use any building or structure on the said land except as provided
in By-law No. 84-238.
85-206
19.1.103
&19.1.103A
None of the provisions of section 8.9.1 or of clause e of section 8.9.2 or of clause e, g
or h of section 8.9.3 shall apply to prevent the use of the said land on the north side of
McLeod Road designated AS and numbered 103 on Sheet C5 of Schedule "A", as
amended, or the erection or use of buildings and/or structures on such land for any of
the following purposes in conjunction with an automobile service station or a gasoline
bar, subject to compliance with By-law No. 85-206
(a) bake shop;
(b) personal service shop;
(b) retail store;
(c) service shop;
Notwithstanding clause g or any other provision of section 8.9.3, the maximum lot
coverage of the said land on the north side of McLeod Road designated AS and
numbered 103 on Sheet C5 of Schedule "A", as amended, shall be 20%.
84-19
19.1.104
None of the provisions of sections 4.4 or 14.1 shall apply to prevent the use of the
land in Township Lot 191 of the former Township of Stamford designated OS and
numbered 104 on Sheet D6 of Schedule "A", as amended, for outside storage of
materials, supplies, equipment and vehicles by Ontario Hydro for the purpose of public
service, provided that no part of such land shall be used for the storage of
transformers, explosives, or bulk storage of gasoline, oil or other inflammable liquids
or gases.
85-108
19.1.105
No person shall use the land on the west side of Montrose Road designated I and
numbered 105 on Sheets B4 and B5 of Schedule "A", as amended, or erect or use
any building or structure thereon for any purpose except for one or more of the uses
permitted in and subject to compliance with By-law No. 85-108.
84-23
19.1.106
None of the provisions of clause a of section 4.19.1 or of clauses a,c,i.j and k of
section 4.25 or of clause L of section 8.6.2 shall apply so as to prevent the erection
and use of a motel containing not more than 9 motel units on the land on the
southeasterly side of Ellen Avenue designated TC and numbered 106 on Sheet D4 of
Schedule "A", as amended, with a lesser lot frontage than 40 metres and a lesser front
yard depth than 3 metres or so as to require the owner or occupant of such motel to
provide and maintain a parking area containing all of the parking spaces prescribed by
the aforesaid section 4.19.1 in respect of such motel on the same lot occupied by such
motel, provided that such owner or occupant shall provide and maintain parking areas
containing, in the aggregate, parking spaces for such motel to the extent at least
prescribed in Table 1 of the aforesaid section 4.19.1 on the said land designated TC
and numbered 106 and on the land on the northwesterly side of Ellen Avenue
designated P and numbered 106 on said Sheet D4 of Schedule "A", as amended, and
further provided that no part of such motel shall be erected closer to the southeasterly
limit of Ellen Avenue than 1.5 metres.
84-21
19.1.107
None of the provisions of sections 9.1 or 9.2 shall apply to prevent the use of the
existing dwelling on the land on the north side of Biamonte Parkway designated I and
numbered 107 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, for
the purpose of a clinic or the use of the northerly 21 metres of the said land for a
parking area for the said clinic and an existing clinic on lands to the west, subject to
compliance with By-law No. 84-21.
19.1.108
Repealed by By-law No. 89-232.
86-27
95-35
19.1.109
None of the provisions of section 8.1.1 shall apply to prevent the use of the land on
the westerly side of Portage Road designated NC and numbered 109 on the Sheet C4
of Schedule "A", as amended, for either but not both, of the following alternative uses:
Alternative 1 the use of the existing building on part of the said land for the purpose of
a variety store and/or a shop selling prepared foods and the use of the remainder of
the land for the purpose of a surface parking area, or
Alternative 2 the erection and use on part of the said land of one building for the
purpose of a clinic and the use of the remainder of the said land for a surface parking
area in connection with the said clinic subject to compliance with By-law No. 86-27, as
amended by By-law No. 95-35.84-176
19.1.110
None of the provisions of section 7.7.1 or of clauses a or b or subclause ii of clause e
of section 7.7.2 shall apply to prevent the use of the land on the north side of Armoury
Street designated R2 and numbered 110 on Sheet D4 of Schedule "A", as amended,
or the alteration and use of the detached dwelling thereon for the purpose of a
dwelling containing 2 dwelling units and having a lesser side yard width on each side
than 1.8 metre provided that the width of each side yard is not less than 1.1 metre.
84-177
19.1.111
None of the provisions of section 8.3.1 shall apply to prevent the use of the existing
garage building on the land on the west side of Carroll Avenue designated DC and
numbered 111 on Sheet C3 of Schedule "A", as amended, for the purpose of a service
shop for the repairing of radios, televisions and electronic apparatus, subject to
compliance with By-law No. 84-177.
84-220
19.1.112
None of the provisions of section 8.9.1 shall apply to prevent the use of the land
located on the north side of Bridge Street designated AS and numbered 112 on Sheet
D3 of Schedule"A", as amended, or the erection and use of buildings or structures
thereon for the purpose of the keeping for sale and selling at retail of either or both
diesel fuel and propane in addition to gasoline, subject to compliance with By-law No.
84-219.
84-252
19.1.114
Repealed by By-law No. 2001-90.
84-245
19.1.115
None of the provisions of sections 10.1 or 10.2 shall apply to prevent the use of an
existing building on the land located on the east side of Montrose Road designated LI
and numbered 115 on Sheet B3 of Schedule "A" as amended for the keeping for sale
and selling at retail of flooring products, carpet products and bathroom fixtures subject
to compliance with By-law No. 84-245
84-229
19.1.116
None of the provisions of section 8.6.1 of clause a of section 4.19.1 or clauses g and I
of section 8.6.2 shall apply to prevent the erection or use on the land on the north side
of Ferry Street between Ellen Avenue and Victoria Avenue, designated TC and
numbered 116 on Sheet D4 of Schedule "A", as amended, of one building not
exceeding 6 storeys in height for the purpose of a hotel or so as to require the owner
or occupant of such hotel to provide and maintain a parking area containing all of the
parking spaces prescribed by the aforesaid section 4.19.1 in respect of such hotel on
the same lot occupied by such hotel, provided that such owner or occupant shall
provide and maintain a parking area containing, in the aggregate, parking spaces for
such hotel to the extent at least prescribed in Table 1 of the aforesaid section 4.19.1
on the said land designated TC and numbered 116 and on the land on the
northwesterly side of Ellen Avenue designated P and numbered 116 on said Sheet D4
of Schedule "A", as amended, subject to compliance of By-law No. 84-229.
84-240
19.1.117
None of the provisions of clauses b, d or e of section 7.9.2 shall apply to prevent the
erection or use of group dwellings containing in aggregate not more than 45 dwelling
units and having a minimum lot frontage of 12 metres on the land on the north side of
Prospect Street designated R4 and numbered 117 on Sheet C4 of Schedule "A" as
amended subject to compliance with By-law No. 84-240.
19.1.118
Repealed by By-law No. 87-140.
85-77
19.1.119
(a) none of the provisions of section 12.1 shall apply to prevent the use of the land
designated "A", as amended, for the purpose of a golf course or to prevent the
erection or use of accessory buildings and accessory structures thereon for the
purpose of a golf course, subject to compliance with By-law No. 85-77;
(b) notwithstanding sections 16.1 and 16.2, no person shall use the land designated
HL and numbered 119 on Sheets A3 and A4 of Schedule "A", as amended, for any
purpose except for the purpose of a golf course and no person shall erect or use any
building or structure of any nature or kind on the said land for the purpose of a golf
course or for any other purpose.
85-226
19.1.120
Notwithstanding clause (d) of section 7.4.2 or clauses (c) and (d) of section 7.5.2 no
person shall erect or use any building or structure on any lot abutting on the most
northerly boundary of the land numbered 120 on Sheet B3 of Schedule "A", as
amended, closer to such most northerly boundary than 10 metres or erect or use any
building or structure on any lot designated R1E lying within the area of the said land
numbered 120 having a lesser front yard depth than 6 metres.
85-133
19.1.122
Deleted by By-law No. 88-28.85-133
19.1.123
None of the provisions of section 7.10.1 or of clauses d, e, h and j of section 7.10.2
shall apply so as to prevent the erection and use on the land designated R5A and
numbered 123 on Sheet B3 of Schedule "A", as amended, of not more than five
apartment dwellings containing a combined total of 150 dwelling units and a parking
structure and with or without other accessory buildings and accessory structures, and
having a lesser interior rear yard depth than 10 metres, lesser interior side yard widths
than one-half the height of the apartment dwellings, a greater height than 10 metres
for the apartment dwellings and more than one apartment dwelling on one lot or block,
subject to compliance with By-law No. 85-133.
85-130
19.1.124
Repealed by By-law No. 96-107.
85-154
19.1.125
The provisions of clause g of section 8.6.2 shall not apply to prevent the erection or
use on the land on the northwesterly side of Victoria Avenue and the southeasterly
side of Ellen Avenue designated TC and numbered 125 on Sheet D4 of Schedule "A",
as amended, of a hotel 7 storeys in height subject to compliance with By-law No.
85-154.
19.1.127
Repealed by By-law No. 98-204
85-234
19.1.128
Repealed by By-law No. 95-200
86-43
19.1.129
The provisions of clause (c) of section 7.2.2 shall not apply to prevent the erection and
use on the land designated R1B and numbered 129 on Sheet C4 of Schedule "A", as
amended, of detached dwellings having a lesser front yard depth than 7.5 metres
provided that the front yard depth shall not be less than 6 metres.
86-45
92-113
92-182
19.1.130
Notwithstanding the GC designation or anything contained in sections 8.2.1 and 8.2.2
no person shall use the land on the south side of McLeod Road designated GC and
numbered 130 on Sheet C5 on Schedule "A", as amended, or erect or use any
building or structure on the said land for any purpose except one or more of the uses
set out in By-law No. 86-45 and except in compliance with the regulations set out in
said By-law No. 86-45, as amended by By-law No. 92-113 and By-law No. 92-182.86-
36
19.1.131
None of the provisions of section 8.1.1 shall apply to prevent the use of the existing
motel building on the land on the northerly side of McLeod Road and designated NC
and numbered 131 on Sheet C5 of Schedule "A", as amended, or the conversion and
use of the said motel building and any addition thereto for the purpose of an outlet for
the sale or rental of video cassettes and recorders and certain additional
Neighbourhood Commercial uses specified in By-law No. 86-36 subject to compliance
with said By-law No. 86-36.
86-48
19.1.132
Repealed by By-law No. 99-259.
86-72
86-72
19.1.133
(a) none of the provisions of subclause (iii) or clause (a), subclause (v) of clause (b) or
of subclause (ii) of clause (e) or of clause (f) of section 7.8.2 shall apply to prevent the
erection and use of one on-street townhouse dwelling containing not more than 3
dwelling units on the land at the northeasterly corner of Murray Street and Drummond
Road designated R3 and numbered 133 on Sheet C5 of Schedule "A", as amended,
and having a lesser interior side yard width than 3 metres and lesser exterior side yard
width than 4.5 metres, provided that such yards are not less than 1.8 metres and 3
metres, respectively, subject to compliance with By-law No. 86-72.
(b) notwithstanding the R3 designation or anything contained in section 7.8.1, no
person shall use the aforesaid land or erect or use any building or structure thereon
for any purpose except one on-street townhouse dwelling containing not more than 3
dwelling units subject to compliance with said By-law No. 86-72
86-82
19.1.134
None of the provisions of section 4.14 or clause (f) of section 7.11.2 shall apply to
prevent the erection and use on the land on the easterly side of Portage Road and
northerly side Valley Way designated R5B and numbered 134 on Sheet C4 of
Schedule "A", as amended, of an apartment dwelling containing not more than 15
dwelling units having covered balconies which project into the exterior side yard a
distance of not more than 1.83 metres, subject to compliance with By-law No. 86-82.
19.1.135
Repealed by By-law No. 94-180.86-90
19.1.136
Repealed by By-law No. 98-176.
86-113
19.1.137
None of the provisions of clauses (b), (d) or (k) of section 7.11.2 shall apply to prevent
the erection or use on the land on the northerly side of Dunn Street designated R5B
and numbered 137 on Sheet C5 of Schedule "A", as amended, of an apartment
dwelling containing not more than 7 dwelling units and having lesser rear yard depth
than 10 metres and less than 10 parking spaces subject to compliance with By-law
No. 86-113.
86-112
19.1.138
None of the provisions of section 7.8.1 or of clauses (a) or (i) of section 7.8.2 shall
apply to prevent the use of the land on the south side of Ker Street designated R3 and
numbered 138 on Sheet C4 of Schedule "A", as amended, or the alteration and use of
the existing dwelling thereon for the purpose of a dwelling containing 3 dwelling units
subject to compliance with By-law No. 86-112.
88-107
19.1.139
Repealed by By-law No. 88-107; repealed by By-law No. 96-04.
87-155
19.1.140
Notwithstanding the P designation or any of the provisions of section 17.1, no person
shall use the land on the westerly side of Drummond Road designated P and
numbered 140 on Sheet C3, as amended, for any purpose except a parking lot
consisting only of a surface parking area and subject to compliance with By-law No.
87-155
86-164
19.1.142
Notwithstanding the GC designation or anything contained in sections 8.2.1 and 8.2.2
no person shall use the land on the west side of Stanley Avenue and the southerly
side of Valley Way designated GC and numbered 142 on Sheet D4 on Schedule "A",
as amended, or erect or use any building or structure on the said land for any purpose
except one or more of the uses set out in By-law No. 86-164 and except in compliance
with the regulations set out in said By-law No. 86-164.
19.1.143
Repealed by By-law No. 88-134.
19.1.144
Repealed by By-law No. 94-151.
19.1.145
Repealed by By-law No. 97-100.88-26
19.1.146
None of the provisions of section 8.5.1 shall apply to prevent the use of the land on
the southerly side of Bridge Street, designated CB and numbered 146 on Sheet D3 of
Schedule"A", as amended, or the erection or use of buildings or structures thereon or
the purpose of either or both a used car lot and new car agency, subject to compliance
with section 8.5.2.
87-55
19.1.147
The provisions of section 7.9.1, subclause (i) of clause d of section 7.9.2 and
subclause (iii) of clause c of section 7.9.3 shall not apply to prevent the use of the land
on the westerly side of Portage Road designated R4 and numbered 147 on Sheet C3
of Schedule "A", as amended, or the erection or use thereon of four townhouse
dwellings containing, in the aggregate, not more than 16 dwelling units or the
alteration or use of an existing dwelling for the purpose of a semi-detached dwelling,
subject to compliance with By-law No. 87-55
86-224
19.1.148
The provisions of clause b of section 7.9.2 shall not apply to prevent the use of the
land on the easterly side of Ailanthus Avenue designated R4 and numbered 148 on
Sheet C5 of Schedule "A", as amended, or the erection or use thereon of either one
apartment dwelling containing no more than 12 dwelling units or two or more
townhouse dwellings containing, in the aggregate, not more than 10 dwelling units,
subject to compliance with By-law No. 86-224.
86-254
19.1.149
The provisions of subclause (i) of clause b of section 7.9.2 shall not apply to prevent
the use of the land on the easterly side of Montrose Road designated R4 and
numbered 149 on Sheet B5 of Schedule "A", as amended, or the erection or use
thereon of one apartment dwelling containing no more than 16 dwelling units, subject
to compliance with By-law No. 86-254.
87-13
19.1.150
By-law expired.
87-11
19.1.151
(a) the extension, to the extent hereinafter prescribed, of the land shown hatched and
numbered 151 on Sheet C4 of Schedule "A", as amended, and the use thereof for the
purpose of a club house and playground for carrying on the activities of Boy Scouts
and Girl Guides and their respective groups and divisions is hereby permitted subject
to the provisions of By-law No. 87-11.
(b) the land to be used for the purpose aforesaid shall not be extended beyond the
limits of the land shown hatched an numbered 151 and 152 on said Sheet C4 of
Schedule "A", as amended.
87-11
19.1.152
No building or structure shall be erected on the land shown hatched and numbered
152 on said Sheet C4 of Schedule "A", as amended, but otherwise the said land may
be used for the purpose described in section19.1.151
89-208
19.1.153
None of the provisions of section 16.1 shall apply to prevent the erection or use of a
detached dwelling with an attached garage on the land on the southeasterly side of
Lundy's Lane designated HL and numbered 153 on Sheet A5 of Schedule "A", as
amended, subject to compliance with By-law No. 89-208.
87-47
19.1.154
Repealed by By-law No. 99-233.
19.1.155
Repealed by By-law No. 2000-195.
87-79
19.1.156
Notwithstanding the R5C designation or anything contained in section 7.12.2, no
person shall use the land on the easterly side of Dorchester Road designated R5C
and numbered 156 on Sheet C4 of Schedule "A", as amended, for any purpose except
one apartment dwelling containing not more than 77 dwelling units, subject to
compliance with By-law No. 87-79.
87-81
19.1.157
Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and
7.9.3, no person shall use the land on the easterly side of Dorchester Road
designated R4 and numbered 157 on Sheet C4 of Schedule "A", as amended, for any
purpose except for 5 townhouse dwellings containing, in the aggregate, no more than
30 dwelling units, subject to compliance with By-law No. 87-81
87-81
19.1.158
Repealed by By-law No. 2000-243.
87-140
19.1.159
No person shall use the land on the north side of Morrison Street designated GC and
numbered 159 on Sheet C3 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except one building for the purpose of medical
offices with or without ancillary uses, subject to compliance with By-law No. 87-140.
87-144
19.1.160
None of the provisions of section 7.7.1 shall apply to prevent the use of the land on
the east side of Second Avenue north of Bridge Street designated R2 and numbered
160 on D3 of Schedule "A", as amended, or the use of the existing dwelling thereon
for the purpose of a dwelling containing not more than three dwelling units
86-259
19.1.161
No person shall use the land on the southeasterly side of Lewis Avenue, being Lots
23, 24, 25, 26 and 27 according to Registered Plan No. 1063 for the Town of Niagara
Falls, now known as Plan 11, designated TC and numbered 161 on Sheet D4 of
Schedule "A", as amended, by By-law No. 86-259 and this order, except in
accordance with the provisions of sections 8.6.1 and 8.6.2 and the plan added as
Schedule 2 to said By-law No. 86-259 by this order.
19.1.162
Repealed by By-law No. 89-301.
19.1.163
Repealed by By-law No. 97-50.
88-207
2017-046
19.1.164
None of the provisions of section 8.2.1 shall apply to prevent the use of the existing
building on the land on the southerly side of Robinson Street and easterly side of Main
Street designated GC and numbered 164 on Sheet C5 of Schedule "A", as amended,
for the purpose of a rooming house or boarding house for the accommodation of not
more than 10 persons, exclusive of the owner and, subject to compliance with By-law
No. 88-207.
19.1.165
Repealed by By-law No. 90-126.
19.1.166
Repealed by By-law No. 94-263.
92-01
19.1.167
Notwithstanding clause (c) of section 7.3.2 and except for Lot 45 according to
Registered Plan 59M-138 for the City of Niagara Falls, no person shall erect or
maintain any fence or wall on the land designated R1C and numbered 167 on Sheet
B3 of Schedule "A", as amended, closer to the northerly limit of Thorold Stone Road
than 8 metres.87-222
19.1.168
Deleted by By-law No. 2003-180.
19.1.169
Repealed by By-law No. 90-216.
88-40
19.1.170
The enlargement by an aggregate floor area of 410 square metres on the westerly
side of the building now erected on the land shown hatched and designated R5A and
numbered 170 on Sheet C3 of Schedule "A", as amended, and the use thereof for the
purpose of a restaurant with two dwelling units above it is hereby permitted subject to
the provisions of By-law No. 88-40.
87-243
19.1.171
(a) the extension, to the extent hereinafter prescribed, of the land shown hatched and
numbered 171 on Sheet C4 of Schedule "A", as amended, and the use thereof for the
purpose of a club house and grounds for carrying on the activities of Knights of
Columbus is hereby permitted subject to the provisions of By-law No. 87-243.
(b) the land to be used for the purpose aforesaid shall not be extended beyond the
limits of the land shown hatched and numbered 171 and 172 on said Sheet C4 of
Schedule "A", as amended.
87-243
19.1.172
No building or structure shall be erected on the land shown hatched and numbered
172 on said Sheet C4 of Schedule "A", as amended, but otherwise the said land may
be used for the purpose described in section19.1.171
88-030
19.1.173
Repealed by By-law No. 2001-265.
87-269
19.1.174
Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and
7.9.3, no person shall use the land on the easterly side of Mewburn Road designated
R4 and numbered 174 on Sheet B2 of Schedule "A", as amended, for any purpose
except for 5 townhouse dwellings containing, in the aggregate, no more than 28
dwelling units, subject to compliance with By-law No. 87-269.
88-48
19.1.175
None of the provisions of sections 10.1, 10.2 or 11.1.1 shall apply so as to prevent the
use on the land on the westerly side of Stanley Avenue, designated PI and numbered
175 on Sheet C3 of Schedule "A", as amended, or part or parts of the industrial mall
building erected thereon for the purpose of a contractor's or tradesman's shop or the
use of not more than 30% or 93 square metres, whichever is the lesser, of the gross
floor area of any unit in the said industrial mall building for retail purposes, subject to
compliance with By-law No. 88-48.
96-04
19.1.176
Repealed by By-law No. 99-268.
88-165
19.1.177
The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or
use on the land on the northwesterly side of Victoria Avenue, designated TC and
numbered 177 on Sheet D4 of Schedule "A", as amended, of a hotel not exceeding 9
storeys in height, subject to compliance with By-law No. 88-165.
88-28
92-01
19.1.178
(a) The provisions of clause (j) of section 7.2.2 shall not apply to prevent the erection
and use on the land designated R1B and numbered 178 on Sheet B3 of Schedule "A",
as amended, of not more than 26 detached dwellings, subject to compliance with
By-law 88-28, and By-law 92-01
88-31
88-110
19.1.179
Notwithstanding the OS designation or anything contained in sections 14.1 and 14.2,
no person shall use the land on the easterly side of Portage Road, designated OS and
numbered 179 on Sheet C3 of Schedule "A", as amended, for any purpose except for
one or more of a mausoleum, which may contain a chapel and a columbarium, subject
to compliance with By-law No. 88-31.
88-149
19.1.180
The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or
use on the land on the northerly side of Lundy's Lane and the easterly side of Belmont
Avenue, designated TC and numbered 180 on Sheet B4 of Schedule "A", as
amended, of a hotel not exceeding 6 storeys in height, subject to compliance with
By-law No. 88-149.
88-163
19.1.182
Notwithstanding the P designation or any of the provisions of section 17.1, no person
shall use the land lying east of Drummond Road and north of Toby Crescent,
designated P and numbered 182 on Sheet C5 of Schedule "A", as amended, for any
purpose except a parking lot consisting only of a surface parking area and subject to
compliance with By-law No. 88-163.88-78
19.1.183
Notwithstanding clauses (d) and (i) of section 7.2.2, no person shall erect or use any
dwelling having a floor area of less than 139 square metres on the land designated
R1B and numbered 183 on Sheet C2 of Schedule "A", as amended, and no such
dwelling shall be erected closer to the most westerly boundary of the said land than 12
metres and a close board type fence shall be erected and maintained along the whole
of the said most westerly boundary, all in compliance with By-law No. 88-78.
88-151
19.1.184
No person shall use the land on the northwesterly side of Main Street and the
southeasterly side of Bridgewater Street designated R1C and numbered 184 on Sheet
E6 of Schedule"A", as amended, or erect or use any building or structure thereon for
any purpose except for the purpose of a senior citizens' residence as defined in
By-law 88-151, subject to compliance with such by-law.
88-101
19.1.185
None of the provisions of section 7.9.1 or of clause (b) of section 7.9.2 shall apply so
as to prevent the erection or use of a quadruplex dwelling on the land designated R4
and numbered 185 on Sheet C5 of Schedule "A", as amended, subject to compliance
with By-law No. 88-101.
88-108
19.1.186
Notwithstanding the P designation or any of the provisions of sections 17.1 and 17.2,
no person shall use the land on the southerly side of Spring Street, designated P and
numbered 186 on Sheet C4 of Schedule "A", as amended, for any purpose except a
surface parking area and subject to compliance with By-law No. 88-108.
88-102
19.1.187
Deleted by By-law No. 2003-180.
88-116
90-310
19.1.188
Notwithstanding the GC designation or anything contained in sections 8.2.1 and 8.2.2,
no person shall use the land on the west side of Drummond Road designated GC and
numbered 188 on Sheet C3 on Schedule "A", as amended, or erect or use any
building or structure on the said land for any purpose 90-310 except a retail store and
one or more of the uses set out in By-law No. 88-116 and except in compliance with
the regulations set out in said By-law No. 88-116.
19.1.189
Repealed by By-law No. 89-288.88-134
19.1.190
None of the provisions of section 7.10.1 or of clauses (c), (d), (e) and (j) of section
7.10.2 shall apply so as to prevent the erection and use on the land designated R5A
and numbered 190 on Sheet B3 of Schedule "A", as amended, of not more than 2
apartment dwellings containing a combined total of not more than 30 dwelling units
and having a lesser front yard depth from the centre line of Thorold Stone Road than
34.02 metres, a lesser interior rear yard depth than 10 metres and a lesser interior
side yard width on the easterly side than one-half the height of the more easterly
apartment dwelling, subject to compliance with By-law 88-134.
19.1.191
Repealed by By-law No. 95-53.
88-182
19.1.192
Notwithstanding the R5A designation or the provisions of section 7.10.2, no person
shall use the land on the southwesterly side of Terrace Avenue designated R5A and
numbered 192 on Sheet D3 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose other than one apartment dwelling not exceeding
2 storeys in height and containing not more than 6 dwelling units, subject to
compliance with By-law No. 88-182.
88-184
19.1.192
The land on the westerly side of Montrose Road, designated R1B and numbered 192
on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot
frontage and exterior side yard requirements and the landscaped open space
requirement of at least 40% of the area of each lot contained in By-law No. 88-184.
88-184
19.1.193
The land on the westerly side of Montrose Road designated R1A and numbered 193
on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot
frontage and yard requirements and the landscaped open space requirement of at
least 40% of the area of each lot contained in By-law No. 88-184.
88-184
19.1.194
The land lying west of Montrose Road designated R1A and numbered 194 on Sheet
B3 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard
and minimum floor area requirements and the landscaped open space requirement of
at least 40% of the area of each lot contained in By-law No. 88-184.88-184
19.1.195
The land on the westerly side of Montrose Road designated R1A and numbered 195
on Sheet B2 of Schedule "A", as amended, shall be subject to the additional lot
frontage, yard and minimum floor area requirements and the landscaped open space
requirement of at least 40% of the area of each lot contained in By-law No. 88-184.
88-184
19.1.196
Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and
7.9.3, no person shall use the land on the westerly side of Montrose Road designated
R4 and numbered 196 on Sheet B2 of Schedule "A", as amended, for any purpose
except for townhouse dwellings not more than one storey in height containing, in the
aggregate, no more than 25 dwelling units, subject to the additional yard and minimum
floor area requirements and the additional landscaped open space requirement of at
least 40% of the area of the said land contained in By-law No. 88-184.
88-184
2002-091
19.1.197
Repealed by By-law No. 2002-091
89-266
19.1.202
None of the provisions of section 4.8 or section 11.4.1 shall apply so as to prevent the
use of the land on the easterly side of Thorold Town Line Road and the northerly side
of Brown Road designated HI and numbered 202 on Sheet A6 of Schedule "A", as
amended, or the erection and use of buildings or structures thereon for either or both
of the following purposes:
(a) a metal scrap yard, subject to compliance with By-law No. 89-266,
(b) not more than one detached dwelling provided that all of the regulations in
clauses (c),(d),(e) and (f) of section 7.3.2 or a detached dwelling in an R1C
Zone shall apply to the said land.
89-33
19.1.203
Repealed by By-law No. 2010-163.
88-246
94-130
19.1.204
None of the provisions of sections 10.1, 10.2, 11.1.1 or clause (c) of section 11.1.2
shall apply so as to prevent the use of the land on the westerly side of Stanley
Avenue, designated PI and numbered 204 on Sheet C3 of Schedule "A", as amended,
or part or parts of the industrial mall building erected thereon for the purpose of a
dance studio, contractor's or tradesman's shop or the use of not more than 30% or 93
square metres, whichever is the lesser, of the gross floor area of any unit in the said
industrial mall building for retail purposes, or the erection or use of a part of the said
building closer to the southwesterly limit of Stanley Avenue than 10 metres, subject to
compliance with By-law No. 88-246.
89-09
19.1.205
Notwithstanding the provisions of clauses (a) and (b) of section 7.10.2, no person shall
use the land designated R5A and numbered 205 on Sheet B3 of Schedule "A", as
amended, or erect or use any building thereon for any purpose other than one
apartment dwelling containing not more than 18 dwelling units.
95-109
19.1.207
None of the provisions of sections 8.7.1 and 8.7.2 shall apply to prevent the use of the
land on the northerly side of Lundy's Lane designated CE and numbered 207 on
Sheet B4 of Schedule "A", as amended, for the placement and use thereon of not
more than 26 trailers or structures to be used for occupancy on a year-round basis.
88-291
19.1.208
The provisions of clauses (e) and (g) of section 8.6.2 shall not apply to prevent the
erection or use on the land on the westerly side of Buchanan Avenue, northerly side of
Spring Street and easterly side of Stanley Avenue, designated TC and numbered 208
on Sheet D4 of Schedule "A", as amended, of a hotel not exceeding four storeys or
14.6 metres in height, whichever is the lesser, or a one storey addition to an existing
restaurant building without such addition having any setback from the northerly limit of
Spring Street, subject to compliance with By-law No. 88-291
89-17
19.1.209
Repealed by By-law No. 2003-75.
19.1.210
Repealed by By-law No. 90-222.
89-122
19.1.211
The provisions of subclause (ii) of clause (a) of section 7.7.2 shall not apply so as to
prevent the use of the land on the northwesterly side of Palmer Avenue designated R2
and numbered 211 on Sheet D4 of Schedule "A", as amended, or the erection or use
thereon of not more than four semi-detached dwellings, provided that no part of any
such dwelling shall be erected on the said land closer to the northwesterly limit of
Palmer Avenue than 6 metres.
19.1.212
Repealed by By-law No. 96-94.
89-52
19.1.213
None of the provisions of clause (a) of section 4.19.1 or clauses (g) and (i) of section
8.6.2 shall apply so as to prevent the erection and use of a 10 storey hotel containing
not more than 108 rooms for guests on the land on the southwesterly corner of
Victoria Avenue and Roberts Street, designated TC and numbered 213 on Sheet D4
of Schedule "A", as amended or so as to require the owner or occupant of such hotel
to provide and maintain a parking area containing all of the parking spaces prescribed
by the aforesaid clause (a) of section 4.19.1 in respect of such hotel on the same lot
occupied by such hotel, provided that such owner or occupant shall provide and
maintain parking areas containing, in the aggregate, parking spaces for such hotel to
the extent at least prescribed in Table 1 of the aforesaid clause (a) of section 4.19.1
on the said land designated TC and numbered 213 and on the land on the southerly
side of Roberts Street and northerly side of Kitchener Street designated P and
numbered 213 on said Sheet D4 of Schedule "A", as amended, subject to compliance
with By-law No. 89-52.
19.1.215
Repealed by By-law No. 97-197.
89-44
19.1.216
The provisions of subclause (ii) of clause (a) of section 7.7.2 shall not apply so as to
prevent the erection or use of two semi-detached dwellings or two duplex dwellings or
one semi-detached dwelling and one duplex dwelling on the land designated R2 and
numbered 216 on Sheet E6 of Schedule "A", as amended, subject to compliance with
By-law No. 89-44.
19.1.217
Repealed by By-law No. 2001-21.
19.1.218
Repealed by By-law No. 98-157.
19.1.219
Repealed by By-law No. 98-157.
89-65
19.1.220
None of the provisions of clauses (a),(c),(d),(e),(h) and (m) of section 7.11.2 or of
clauses (a) and (d) of section 4.27.1 shall apply so as to prevent the erection or use
on the land designated R5B and numbered 220 on Sheet C3 of Schedule "A", as
amended, of a sixteen unit apartment building, subject to compliance with By-law No.
89-65.
89-116
19.1.221
The provisions of clause (g) of section 4.25 shall not apply to prevent the erection or
use on the land on the easterly side of Stanley Avenue and westerly side of Buchanan
Avenue designated TC and numbered 221 on Sheet D4 of Schedule "A", as amended,
of a motel not exceeding 12 metres in height, subject to compliance with By-law No.
89-116.
90-20
19.1.222
The provisions of clause (k) of section 7.9.2 shall not apply so as to prevent the
erection or use on the land on the easterly side of Montrose Road designated R4 and
numbered 222 on Sheet B3 of Schedule "A", as amended, of one apartment dwelling
having a lesser number of parking spaces than prescribed in clause (a) of section
4.19.1, subject to compliance with By-law No. 90-19.
90-94
19.1.223
Notwithstanding clause (m) of section 7.9.2, no person shall use the land on the east
side of Montrose Road designated R4 and numbered 223 on B2 of Schedule "A", as
amended, except in compliance with By-law No. 90-94.
89-118
19.1.224
The land on the westerly side of Montrose Road designated R1B and numbered 224
on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot
frontage and exterior side yard requirements and the landscaped open space
requirement of at least 40% of the area of each lot contained in By-law No. 89-118.
89-133
19.1.225
The provisions of clause (h) of section 7.9.2 shall not apply so as to prevent the
erection and use on the land on the north side of Thorold Stone Road designated R4
and numbered 225 on Sheet B3 of Schedule "A", as amended, of not more than 2
apartment dwellings containing a combined total of not more than 60 dwelling units
and having a greater height than 10 metres, subject to compliance with By-law No.
89-133.
89-145
19.1.226
The land lying west of Montrose Road and north of Thorold Stone Road designated
R1C and R1D and numbered 226 on Sheet B3 of Schedule "A", as amended, shall be
subject to the additional lot coverage requirements and the landscaped open space
requirement of at least 40% of the area of each lot contained in By-law No. 89-145.
89-235
19.1.227
Repealed by By-law No. 2008-102.
89-228
19.1.228
Repealed in whole by the Ontario Municipal Board.
19.1.229
Repealed by By-law No. 96-213.
19.1.230
Repealed by By-law No. 96-213.
89-280
96-213
19.1.231
The land on the easterly side of Kalar Road designated R1A and numbered 231 on
Sheet B2 of Schedule "A", as amended, shall be subject to the additional lot frontage
and yard requirements and the landscaped open space requirement of at least 40% of
the area of each lot contained in By-law No. 89-280; amended by By-law 96-213.
89-280
19.1.232
The land lying west of Montrose Road designated R1A and numbered 232 on Sheet
B2 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard
and minimum floor area requirements and the landscaped open space requirement of
at least 40% of the area of each lot contained in By-law No. 89-280.
89-280
19.1.233
The land on the east side of Kalar Road designated R1A and numbered 233 on Sheet
B3 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard
and minimum floor area requirements and the landscaped open space requirement of
at least 40% of the area of each lot contained in By-law No. 89-280.
89-288
19.1.234
None of the provisions of clauses (c) and (h) of section 8.1.2 or of clause (d) of section
4.27.1 shall apply so as to prevent the erection or use on the land on the southerly
side of Thorold Stone Road, being part of Township Lot No. 78 of the former Township
of Stamford designated NC and numbered 234 on Sheet C3 of Schedule "A" of any
building or structure for the purpose of one or more of the uses enumerated in clauses
(a),(b),(c),(e),(f),(h) and (i) of section 8.1.1 and the one restaurant in existence on the
said land on the date of the passing of By-law No. 89-288, subject to compliance with
By-law No. 89-288.
90-166
19.1.235
Notwithstanding clause c of Section 7.7.2, no person shall erect or use any dwelling
having a front yard depth of less than 5.5 metres on the land designated R2 and
numbered 235 on Sheets C6 and D6 of Schedule "A", as amended, all in compliance
with By-law No. 90-166.
89-258
19.1.236
The extension, the extent hereinafter prescribed, of the land shown hatched and
numbered 236 on Sheet D4 of Schedule "A", as amended, and the use thereof for the
purpose of a general contractor's office and storage for an aluminum siding business
is hereby permitted, subject to the provisions of By-law No. 89-258.
(a) The land to be used for the purpose aforesaid shall not be extended beyond the
limits of the land shown hatched and numbered 236 and 237 on said Sheet B4 of
Schedule "A", as amended.
89-258
19.1.237
No building or structure shall be erected on the land shown hatched and numbered
237 on said Sheet D4 of Schedule "A", as amended, and the said land shall not be
used for any purpose other than a surface parking area, landscaped open space and
placing of one metal refuse bin.
89-255
92-285
19.1.238
Repealed by By-law No. 2008-54.
90-23
2022-07
19.1.239
Repealed by By-law No. 2022-07.
90-81
19.1.240
Repealed by By-law No. 2011-21.
19.1.242
Repealed by By-law No. 95-260.
19.1.243
Repealed by By-law No. 95-260.
19.1.244
Repealed by By-law No. 95-260.
19.1.245
Repealed by By-law No. 95-146.
19.1.246
Repealed by By-law No. 94-116.
89-318
19.1.247
Notwithstanding the P designation or any of the provisions of Section 17.1, no person
shall use the land being part of Lots 15 and 16 according to the Major Leonard Plan in
the former Township of Stamford, now in the City of Niagara Falls, now known as Plan
2, located on the west side of Leonard Avenue, designated P and numbered 247 on
Sheet C4 of Schedule "A", as amended, for any purpose except a parking lot
consisting only of a surface parking area and subject to compliance with By-law No.
89-318.
90-67
19.1.248
None of the provisions of section 8.1.1 or of clauses a, b, d, e, f and h of section 8.1.2
shall apply to prevent the use of the land designated NC and numbered 248 on Sheet
B5 of Schedule "A", as amended, for the purpose of a convenience store, subject to
compliance with the provisions of By-law No. 90-67.
90-44
19.1.249
None of the provisions of section 11.2.1 shall apply to prevent the land on the
northwest corner of Kister Road and Don Murie Street, designated LI and numbered
249 on Sheets C6 and C7 of Schedule "A", as amended, to be used for one or more of
the uses set out in By-law No. 90-44 and except in compliance with the regulations set
out in said By-law No. 90-44.
90-82
19.1.250
No person shall use the land on the north side of Ferguson Street designated P and
numbered 250 on Sheet D3 of Schedule "A", as amended, or erect or use any building
or structure thereon except in compliance with By-law No. 90-82.
90-93
19.1.251
The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or
use on the land on the southwest corner of Emery Street and Stanley Avenue
designated TC and numbered 251 on Sheet D4 of Schedule "A", as amended, of a
hotel 8 storeys in height, subject to compliance with By-law No. 90-93.
91-251
19.1.252
Repealed by By-law No. 91-251.
93-29
19.1.253
None of the provisions of section 8.5.1 shall apply to prevent the use of the land on
the westerly side of Buckley Avenue, designated CB and numbered 253 on Sheet D3
of Schedule "A", as amended, or the erection or use of any buildings or structures
thereon for either or both a used car lot and automotive car care centre, except in
compliance with By-law No. 93-29.
90-31
19.1.254
No person shall use the land on the south side of Lundy's Lane designated I and
numbered 254 on Sheet B4 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except for the purpose of a senior citizens'
residence as defined in By-law No. 90-31, subject to compliance with such by-law.90-
152
95-81
19.1.255
Notwithstanding sections 8.4.1 or 8.4.2, no person shall use the land on the east side
of Montrose Road designated as SC and numbered 255 on Sheet B3 of Schedule "A",
as amended, except in compliance with By-law No. 90-152, as amended by By-law
No. 95-81.
90-296
19.1.256
The provisions of clause (g) of Section 8.6.2 shall not apply to prevent the erection or
use on the land on the southwest corner of Niagara River Parkway and Rapids View
Drive, designated TC and numbered 256 on Sheet E6 of Schedule "A", as amended,
one building having a height of more than 12 metres for the purposes of a hotel,
subject to compliance with By-law No. 90-296.
90-126
19.1.257
None of the provisions of subclause ii of clause e of section 7.8.2 or of clause a of
section 4.19.1 shall apply to prevent the erection or use on the land on the
southwesterly side of Epworth Circle designated R3 and numbered 257 on Sheet D4
of Schedule "A",as amended, or an on-street townhouse dwelling having an interior
side yard depth of less than 3 metres or to require the owner of such on-street
townhouse dwelling to provide and maintain more than one individual parking space
per dwelling unit, subject to compliance with By-law No. 90-126.
19.1.258
Repealed by By-law No. 95-175
90-179
19.1.259
None of the provisions of clauses (a), (b), (c), (d), (e), (f) and (g) of section 7.12.1 shall
apply to prevent the erection or use on the land on the west side of Montrose Road
designated R5C and numbered 259 on Sheet B4 of Schedule "A", as amended, of one
140 unit six storey apartment building, subject to compliance with By-law No. 90-179.
90-211
19.1.260
None of the provisions of sections 9.1 or 9.2 shall apply to prevent the use of the land
on the north side of Biamonte Parkway designated I and numbered 260 on Sheet C4
of Schedule "A" to By-law No. 79-200, as amended, to be used for the purpose of a
detached dwelling, subject to compliance with By-law No. 90-211.
90-136
19.1.261
Notwithstanding clauses (d) and (i) of section 7.2.2, no person shall erect or use any
dwelling having a floor area of less than 139 square metres on the land designated
R1B and numbered 261 on Sheet C2 of Schedule "A", as amended, and no such
dwelling shall be erected closer to the most westerly boundary of the said land than 12
metres and a close board type fence shall be erected and maintained along the whole
of the said most westerly boundary, all in compliance with By-law No. 90-136.
90-167
19.1.262
Repealed by By-law No. 98-181.
90-289
19.1.263
Notwithstanding the P designation or any of the provisions of section 17.1, no person
shall use the land for any purpose except for a parking lot consisting only of a surface,
providing not less than 35 parking spaces to be used by the hotel located on the land
designated TC and numbered 180 on Sheet B4 of Schedule "A", as amended, except
in compliance with By-law No. 90-289.
91-319
19.1.264
None of the provisions of clause (b) of section 5 or subclause (iv) of clause (b) of
section 7.7.2 shall apply so as to prevent the use of the existing building erected on
the land designated R2 and numbered 264 on Sheet C3 of Schedule "A", as
amended, or to prevent the erection and use of an addition to the said building for the
purpose of a two unit dwelling, subject to compliance with By-law No. 91-319.
90-303
19.1.265
For the purpose of this by-law, the land on the west side of St. Paul Avenue, being
part of Township Lot 36, former Township of Stamford, now in the City of Niagara
Falls, shown hatched and designated R1C and numbered 265 on Sheet C2 of
Schedule "A", as amended, any lot having a lot line abutting the north and east
boundary between the points marked (a), (b) and (c) shall be deemed to be the rear
lot line of said lot.
90-216
19.1.266
None of the provisions of section 11.2.1 shall apply to prevent the erection or use on
the land designated LI and numbered 266 on Sheet B3 of Schedule "A", as amended,
of a restaurant providing that the number of seats for patrons shall not exceed 40 and
subject to compliance with By-law No. 90-216.
90-278
19.1.267
None of the provisions of section 12.2 shall apply to prevent the erection or use of a
detached dwelling on the land on the west side of Kalar Road, designated A and
numbered 267 on Sheet B4 of Schedule "A" to By-law 79-200, as amended, subject to
compliance with By-law No. 90-278.90-222
19.1.268
None of the provisions of sections 7.9.1 or 7.9.2 shall apply so as to prevent the
erection or use of the land on the northerly side of McLeod Road designated R4 and
numbered 268 on Sheet B5 of Schedule "A", as amended, of group dwellings for
senior citizens having a height of one of the group dwellings greater than 10 metres
and having a lesser number of parking spaces than prescribed in clause (1) of section
4.19.1 or the use of a part of one of such group dwellings for a local convenience
commercial store, or the use of a part of one of such group dwellings for a day
nursery, subject to compliance with By-law No. 90-222.
95-176
19.1.269
Repealed by By-law No. 2001-85.
2007-120
2019-130
19.1.270
Repealed by By-law No. 2019-130.
90-220
19.1.271
Notwithstanding the R4 designation of anything contained in section 7.9.1 and 7.9.2,
no person shall use the land located on the west side of Dorchester Road designated
R4 and numbered 271 on Sheet C3 of Schedule "A", as amended, so as to prevent
the erection or use of any building or structure for any purpose except for a townhouse
dwelling containing not more than 8 dwelling units and not more than 15 dwelling units
in the total aggregate, subject to lot frontage, yard and boundary requirements
90-215
19.1.272
Notwithstanding clauses (c) or (f) of section 8.6.2 or of section 4.15, nothing shall
apply to prevent the erection or use on the land on the north corner of Centre Street
and Victoria Avenue, designated TC and numbered 272 on Sheet D4 of Schedule "A",
as amended, except in compliance with By-law No. 90-215.
90-217
95-238
19.1.273
Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and
7.9.3, no person shall use the land lying east of Montrose Road designated R4 and
numbered 273 on Sheets B2 and B3 of Schedule "A", as amended for any purpose
except for townhouse dwellings or apartment dwelling, subject to the additional yard
and additional landscaped open space requirement of at least 50% of the area of the
said land contained in By-law No. 90-217; amended by By-law 95-238.
19.1.274
Repealed by By-law No. 91-69.
90-276
19.1.275
None of the provisions of section 8.5.1 shall apply to prevent the use of the land on
the northwest corner of Zimmerman Avenue and Huron Street, designated CB and
numbered 275 on Sheets B3 of Schedule "A", as amended, or the conversion or use
of an existing building thereon for the purpose of providing six rooms for tourist
accommodation, subject to compliance with section 8.5.2.
2010-102
2019-24
19.1.276
Repealed by By-law No. 2019-24.
91-270
19.1.277
The provisions of clause (g) of section 8.2.2 shall not apply to prevent the erection or
use on the land on the south side of Ferry Street, designated GC and numbered 277
on Sheet C4 of Schedule "A", as amended, of a hotel 10 storeys in height, subject to
compliance with By-law No. 91-270.
92-123
19.1.278
Repealed by By-law No. 2010-03.
90-314
19.1.279
None of the provisions of section 7.7.1 or of section 7.8.2 shall apply to prevent the
use of the land on the north side of Jepson Street designated R2 and numbered 279
on Sheet D4 of Schedule "A", as amended, or the alteration and use of the existing
building thereon for the purpose of a dwelling containing not more than 3 dwelling
units, subject to compliance with By-law No. 90-314.
91-68
19.1.280
Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling
having a front yard depth of less than 5.5 metres on the land designated R2 and
numbered 280 on Sheet B5 of Schedule "A", as amended, except in compliance with
By-law 91-68.
95-50
19.1.281
None of the provisions of section 11.3.1 shall apply to prevent the use of the land on
the southeasterly corner of Kalar Road and Beaverdams Road, designated GI and
numbered 281 on Sheet B4 of Schedule "A", as amended, or the use of an existing
building thereon to be used for a transportation centre for the purpose of dispatching
and servicing taxis, limousines and tow trucks and a vehicular compound yard.
91-66
19.1.283
None of the provisions of clauses (d), (e), (h) and (m) of section 7.11.2 shall apply so
as to prevent the erection or use on the land designated R5B and numbered 283 on
Sheet C3 of Schedule "A", as amended, of a thirty-six unit apartment building, except
in compliance with By-law No. 91-66.
91-69
19.1.284
The land on the easterly side of Montrose Road designated R2 and numbered 284 on
Sheets B2 and B3 of Schedule "A", as amended, shall be subject to the additional
front yard, side yard and exterior side yard requirements, minimum floor area
requirements, attached garage requirements, lesser maximum lot coverage and the
additional requirements of providing a minimum landscaped open space requirement
of at least 50% of the area of each lot contained in By-law 91-69.
91-111
19.1.285
Replaced by By-law No. 2007-248.
91-294
2022-115
19.1.286
Repealed by By-law No. 2022-115.
91-294
19.1.287
Notwithstanding the R4 designation, no person shall use the land designated R4 and
numbered 287 on Sheet B5 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except for townhouse dwellings having a total
aggregate of not more than 36 townhouse dwelling units, except in compliance with
By-law 91-294.
91-149
19.1.288
None of the provisions of sections 4.13 and 2.3 and clause (d) of section 8.7.2 shall
apply so as to prevent unserviced cabins from being placed on the lands designated
CE and numbered 288 on Sheet B7 for schedule "A", as amended, except in
compliance with By-law No. 91-149.
92-07
19.1.289
Notwithstanding the R4 designation or any of the provisions of section 7.9.2, no
person shall use the land lying on the east corner of Main Street and Lamont Avenue,
being part of Lot 23, Concessions 1 and 2 and part of the original unopened road
allowance between Concessions 1 and 2 and part of Lot 289, Plan 252, all in the
former Village of Chippawa, now in the City of Niagara Falls, designated R4 and
numbered 289 on Sheet E6 of Schedule "A", as amended, for any purpose except for
townhouse dwellings not more than 1 ½ storeys in height, containing in the aggregate
25 dwelling units, except in compliance with By-law No. 92-07.
91-186
19.1.290
None of the provisions of sections 2.3 and 4.13 and clause (d) of section 8.7.2 shall
apply so as to prevent unserviced cabins from being placed on the lands designated
CE and numbered 290 on Sheet B4 of Schedule "A", as amended, except in
compliance with By-law No. 91-186.
91-127
19.1.291
None of the provisions of subclause (iii) and clause (b) of section 7.7.2 shall apply so
as to prevent the erection or use on the land designated R2 and numbered 291 on
Sheet C5 of Schedule "A", as amended, of a semi-detached dwelling, except in
compliance with By-law No. 91-127.
91-128
19.1.292
(a) The extension of the amusement use to include the use and construction of a
miniature golf course on the land designated LI and numbered 292 on Sheet B5 of
Schedule "A", as amended, subject to the provisions of By-law No. 91-128.
(b) The land to be used for the purpose of the said amusement use of a go-kart track
and mini-golf course and surface parking area and landscaped open space shall not
be extended beyond the limits of the land shown hatched and numbered 292 and 293
and designated LI on the said Sheet B5 of Schedule "A", as amended.
19.1.293
No building or structure shall be erected on the land shown hatched and numbered
293 on said Sheet B5 of Schedule "A", as amended, and the said land shall be used
only for the purpose of a surface parking area and landscaped open space in
conjunction with the use referred to in section19.1.292.
91-130
19.1.294
None of the provisions of sections 7.12.1, 7.12.2,19.1.259 or 2.17.7 shall apply to
prevent the erection or use on the land on the west side of Montrose Road and
numbered 294 and on the north side of Preakness Street designated R5C and
numbered 259 on Sheet B4 of Schedule "A", as amended, of not more than 60
townhouse dwelling units, of which 8 dwelling units may be constructed in the form of
on-street townhouse dwellings and 4 of which may be constructed in the form of
duplex townhouse dwellings, subject to compliance with By-law No. 91-130
91-148
19.1.295
None of the provisions of sections 8.7.1 or 2.42 shall apply to prevent the use of the
land on the southwest corner of Thorold Stone Road and Carroll Avenue designated
GC and numbered 295 on Sheet C3 of Schedule "A", as amended, from using part of
an existing building therefor for the purpose of a billiard or pool room having a total
floor area of not more than 248 square metres, except in compliance with By-law No.
91-148.
19.1.297
Repealed by By-law No. 95-53.
92-31
2020-82
19.1.299
Repealed by By-law No. 2020-82.
90-308
19.1.300
Notwithstanding the R5A designation or the provisions of section 7.10.2, no person
shall use the land on the easterly side of Pettit Avenue designated R5A and numbered
300 on Sheet C3 of Schedule "A", as amended, for any purpose except one apartment
dwelling containing not more than 69 dwelling units, subject to compliance with By-law
No. 90-308.
92-02
19.1.301
Notwithstanding the I designation or use of the provisions of section 9.1, no person
shall use the land, on the west side of Montrose Road designated I and numbered 301
on Sheet B5 of Schedule "A", as amended, and none of the provisions of clauses (a),
(d), (e), (f), (g), (h) and (i) of section 9.2 shall apply to prevent the erection or use on
the land of one building for the purpose of a place of worship, except in compliance
with By-law No. 92-02.
19.1.303
Repealed by By-law No. 98-122.
92-21
92-289
19.1.304
Sheets A2 and A3 of Schedule "A", to By-law 79-200, as amended, are amended by
rezoning lands from Agricultural (A) and Hazard Land (HL) to Extractive Industrial and
numbering 304 (EI-304) and Hazard Land (HL), the land being Part Lots 49 and 50
and Lot 66, former Township of Stamford, now the City of Niagara Falls, as contained
in By-law 92.21 and By-law 92-289.91-274
19.1.305
None of the provisions of section 12.3 shall apply to prevent the erection or use of the
land on the west side of Beechwood Road designated "A" and numbered 305 on
Sheet A4 of Schedule "A", as amended, for a purpose as set out in section 12.1
except in compliance with By-law No. 91-274.
19.1.306
Repealed by By-law No. 93-239.
92-41
19.1.307
Notwithstanding the R5D designation or anything contained in section 7.13.2, no
person shall use the land on the east side of Valley Way designated R5D and
numbered 307 on Sheet D3 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except for one apartment dwelling not more than
3 storeys in height and having a total of not more than 20 dwelling units, except in
compliance with By-law No. 92-41
95-209
19.1.308
Notwithstanding clause (g) of section 7.5.2, no person shall use the land on the
easterly side of Montrose Road designated R1E and numbered 308 on Sheet B2 of
Schedule "A", as amended, for any purpose except single dwellings in accordance
with the additional lot coverage requirements and the landscaped open space
requirement of at least 50% of the area of each lot as contained in By-law No. 95-209.
95-209
19.1.309
Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and
7.9.3, no person shall use the land on the easterly side of Montrose Road designated
R4 and numbered 309 on Sheet B2 of Schedule "A", as amended, for any purpose
except townhouse dwellings or apartment dwellings, subject to the additional front
yard requirement and additional landscaped open space requirement of at least 50%
of the lot area as contained in By-law No. 95-209.
92-25
19.1.310
None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the
land on the northeast corner of Lundy's Lane and Kalar Road designated GC and
numbered 310 on Sheet B4 of Schedule "A", as amended, from using part of an
existing building therefor for the purpose of a billiard or pool room, as set out in By-law
No. 92-25
92-79
19.1.311
Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling
having a front yard depth of less than 5.5 metres on the land designated R2 and
numbered 311 on Sheet B4 of Schedule "A", as amended, except in compliance with
By-law No. 92-79
92-149
19.1.312
None of the provisions of section 11.3.1 shall apply to prevent the land on the south
side of Oldfield Road, west side of Drummond Road (closed), except for such parts
thereof required for road widening, designated GI and numbered 312 on Sheet C6 of
Schedule "A", as amended, to be used for the purpose of a Distribution Centre for the
storage, blending and distribution of sulphuric acid and oleum, except in compliance
with By-law No. 92-149.
92-80
19.1.313
None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the
land on the east side of Portage Road designated GC and numbered 313 on Sheet C3
of Schedule "A", as amended, from using part of an existing building therefor for the
purpose of a billiard or pool room, refer for By-law No. 92-80.
94-120
2015-124
19.1.314
Repealed by By-law No. 2015-124.
93-84
19.1.316
Repealed by By-law 93-84.
92-160
19.1.317
None of the provisions of clause c(i) of section 8.5.2 shall apply to prevent the use of
an existing building on the land, shown hatched and designated CB and numbered
317 on Sheet D3, Schedule "A", having a rear yard of less than 10 metres from being
used for residential purposes by converting the second floor of the existing building
into dwelling units, subject to compliance with By-law No. 92-160.
92-134
2007-120
2019-130
19.1.318
Repealed by By-law No. 2019-130.
92-158
19.1.320
Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling
having a front yard depth of less than 6 metres on the land designated R2 and
numbered 320 on Sheet B3 of Schedule "A", as amended, except in compliance with
By-law No. 92-158.
92-175
19.1.321
None of the provisions of section 11.1.1 shall apply to prevent the land being the south
half of Lot 2 according to Registered Plan 144, designated PI and numbered 321 on
Sheet B6 of Schedule "A", as amended, to be used for one or more of the uses as set
out in section 2 of this by-law except in compliance with By-law No. 92-175.
92-238
19.1.322
Repealed by By-law No. 2006-202.
93-96
19.1.323
Repealed by By-law No. 2006-18.
92-240
19.1.324
Repealed by By-law No. 2016-78.
19.1.325
Repealed by By-law No. 95-53
92-228
19.1.326
Notwithstanding clauses (g) and (i) of section 7.4.2, the maximum lot coverage for
each lot shall be 35% and the minimum floor area for each dwelling shall be 185
square metres and, in addition, landscaped open space shall be provided and
maintained on each lot to the extent of at least 40% of the area of each such lot on the
land, being part of Township Lot 70, designated as R1D and numbered 326 on Sheet
B3 of Schedule "A", as amended, subject to compliance with By-law No. 92-228.
93-37
2003-36
19.1.327
Repealed by By-law No. 2003-36.
96-56
19.1.328
Notwithstanding clause (c) of section 7.3.2, no person shall use the land or erect or
use any building or structure on the land on the west side of Sodom Road and the
south side of Lyon's Creek Road designated R1C and numbered 328 on Sheet D7 of
Schedule "A", as amended, having a front yard depth of less than 10 metres, except in
compliance with By-law No. 92-262; as amended by By-law 96-56.
96-56
19.1.329
Notwithstanding the provisions of clauses (b) and (c) of section 7.9.1 or anything
contained in section 7.9.2, no person shall use the land on the west side of Sodom
Road and the south side of Lyon's Creek Road designated R4 and numbered 329 on
Sheet D7 of Schedule "A", as amended, or erect or use any building or structure
thereon for any purpose except townhouse dwellings, not more than one storey in
height and containing, in the aggregate, not more than 16 dwelling units on the whole
of the lands, subject to the front yard and interior side yard requirements, except in
compliance with By-law No. 92-262; as amended by By-law 96-56
19.1.330
Refer to By-law No. 92-237.
92-288
19.1.331
Repealed by by-law No. 2007-62.
93-39
19.1.332
Notwithstanding clause (c) of section 7.5.2 or clause (c) of section 7.7.2, no person
shall erect or use any dwelling on the land on the east side of Montrose Road having a
minimum front yard depth of less than 6 metres for each lot on the land designated
R1E and numbered 332 and R2 and numbered 332 on Sheets B4 and B5 of Schedule
"A", as amended, except in compliance with By-law No. 93-39.
93-61
19.1.333
None of the provisions of clauses (a), (c), (l) and (m) of section 7.12.2 shall apply to
prevent the existing building on the land on the south side of Perkins Street, being part
of Township Lot 90, designated R5C and numbered 333 on Sheet C3 of Schedule "A",
as amended, from being used for the purpose of an apartment dwelling, except in
compliance with By-law No. 93-61.
93-56
94-115
19.1.334
None of the provisions of section 11.1.1 shall apply to prevent the land being part of
Township Lot 107 on the south side of Morrison Street, designated PI and numbered
334 on Sheet C3 of Schedule "A", as amended, or erection or use of any building or
structure from being used for one or more of the uses as set out in paragraph 2 of this
by-law except in compliance with By-law No. 93-56 or the erection or use of any
building or structure from being used for one or more of the uses as set out in
paragraph 2 of and in compliance with By-law 94-115.
93-92
19.1.335
Notwithstanding the NC designation, no person shall use the land designated NC and
numbered 335 on Sheet C3 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except a retail store provided the said retail store
is not used for the purposes of a convenience/variety store and for the purpose of
dwelling units provided there are not more than 2 dwelling units contained therein,
except in compliance with By-law No. 93-92.
93-154
19.1.336
See By-law No. 2003-180.
93-141
94-256
19.1.337
None of the provisions of section 11.1.1 or clause (b)(i) of section 11.6.3 shall apply to
prevent the land on the east side of St. Paul Avenue, designated EI and numbered
337 on Sheets C1 and C2 of Schedule "A", as amended, from being used for the
purpose of a golf driving range, a golf course, or both without accessory buildings
having a gross floor area of not more than 840 square metres provided that such
accessory buildings will be removed when the closure of the said golf driving range
and golf course use takes place, and subject to compliance with By-law No. 93-141,
as amended by By-law No. 94-256.
93-182
19.1.339
Repealed by By-law No. 2000-230.
93-168
19.1.340
Notwithstanding the R5A designation, no person shall use the land designated R5A
and numbered 340 on Sheet C5 of Schedule "A", as amended, or erect or use any
building or structure on the said land for any purpose except for the purpose of an
apartment dwelling which shall not exceed 3 storeys and not more than 14 metres in
height and having a total aggregate of not more than 60 dwelling units, except in
compliance with By-law No. 93-168.
93-170
19.1.341
Notwithstanding the R5A designation, no person shall use the land designated R5A
and numbered 341 on Sheet C5 of Schedule "A", as amended, or erect or use any
building or structure on the said land for any purpose except an apartment dwelling
which shall not exceed 4 storeys or 14 metres, whichever is lesser, in height and have
a total aggregate of not more than 40 dwelling units, except in compliance with By-law
No. 93-170.
93-207
19.1.342
None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the
land on the east side of Willoughby Drive, approximately 39 metres south of Cattell
Drive, designated GC and numbered 342 on Sheet E6 of Schedule "A", as amended,
or part of an existing building thereon from being used for the purpose of a billiard hall
or pool room and a do-it-yourself brewery, refer to By-law 93-207.
19.1.343
Repealed by By-law No. 2004-72.
19.1.344
Repealed by By-law No. 2000-226.
93-260
2017-46
19.1.345
None of the provisions of section 7.9.1 shall apply to prevent the existing building
erected on the land on the southerly side of Dunn Street, designated as R4 and
numbered 345 on Sheet C5 of Schedule "A", as amended, being used for the purpose
of a rooming house or boarding house for the accommodation of not more than six (6)
roomers, each provided with their own bedroom which shall be solely occupied by the
roomer, and not less than 6 individual parking spaces are to be provided and
maintained, subject to compliance with By-law 93-260.
94-39
19.1.347
Expired 1996.
95-200
19.1.348
None of the provisions of clauses (a) and (f) of section 7.10.2 shall apply to prevent
the use of the land on the southwest corner of Culp Street and Pinegrove Avenue,
designated R5A and numbered 348 on Sheet C5 of Schedule "A", as amended, and
the use of the existing building thereon from being used for the purpose of an
apartment dwelling provided that the number of dwelling units in the existing
apartment dwelling shall not exceed 9 units; and the exterior side yard width shall not
be less than the distance as presently established by the existing building, except in
compliance with By-law No. 95-200.
95-200
19.1.349
None of the provisions of clause (b) of section 7.5.2 or section 5.3, shall apply to
prevent the use of the land on the southwest corner of Culp Street and Pinegrove
Avenue, designated R1E and numbered 349 on Sheet C5 of Schedule "A", as
amended, from being used for the purposes as permitted to do so in section 7.5.1 of
By-law No. 79-200, as amended, except in compliance with By-law No. 95-200.
94-151
19.1.350
Repealed by By-law No. 2000-250.
94-151
94-305
19.1.351
Repealed by By-law No. 2000-250.
94-200
2005-55
19.1.352
Repealed by By-law No. 2005-55.94-116
19.1.353
No person shall use the land, being part of Township Lot 46 of the former Township of
Stamford, designated R1B and numbered 353 on Sheet B2 of Schedule "A" to By-law
No. 79-200, as amended, or erect or use any building or structure thereon for any
purpose except for the purpose of a detached dwelling subject to compliance with By-
law No. 94-116.
94-116
19.1.354
No person shall use the land, being part of Township Lots 46 and 53 of the former
Township of Stamford, designated R1C and numbered 354 on Sheet B2 of Schedule
"A" to By-law No. 79-200, as amended, or erect or use any building or structure
thereon except for the purpose of a detached dwelling subject to compliance with By-
law No. 94-116.
94-129
2000-127
19.1.355
None of the provisions of sections 8.6.1 or 2.2 shall apply to prevent the use of the
land on the southwest corner of Dunn Street and Oakes Drive, designated TC and
numbered 355 on D5 of Schedule "A", as amended, or an existing building thereon
from being used for the purpose of permitting pinball and electronic game machines to
be established and used as an accessory to one or more of the permitted uses
described in section 8.6.1 and subject to compliance with By-law No. 2000-127.
19.1.356
Repealed by By-law No. 95-192
94-171
19.1.357
None of the provisions of section 7.7.1 or clause (e) of section 7.7.2 shall apply to
prevent the use of the land on the northwest corner of River Road and Otter Street,
designated R2 and numbered 357 on Sheet D4 of Schedule "A", as amended, or the
conversion or use of an existing dwelling thereon or an addition to said dwelling from
being used for the purpose of providing a total aggregate of not more than 8 rooms for
tourist and providing an easterly side yard of not less than 0.79 metres, except in
compliance with By-law No. 94-171.
94-185
19.1.358
Notwithstanding clauses (h), (f) and (c) of section 8.2.2, no person shall use the land
designated GC and numbered 358 on Sheet C5 of Schedule "A", as amended, or
erect or use any building or structure thereon having a total maximum floor area of not
more than 1,395 square metres (15,000 square feet), providing for a minimum
landscaped open space of not less than 13 percent of the lot area, the maximum lot
coverage shall not exceed 21 percent of the lot area and the minimum rear yard depth
shall be 10.6 metres, and subject to compliance with By-law No. 94-185.
19.1.359
Repealed by By-law No. 96-96.
94-212
19.1.360
Refer to By-law No. 94-212, as amended by By-law No. 2012-62.
94-292
19.1.361
None of the provisions of section 7.4.1 shall apply to prevent part of the existing
dwelling on the land on the southeast corner of Graham Street (unopened) and
Montrose Road, designated R1D and numbered 361 on Sheet B5 of Schedule "A", as
amended, from being used for the purpose of preparation of food for catering and food
take-out business provided,
(c) the food preparation and business is operated only in conjunction with the dwelling;
(d) the basement or cellar of the existing dwelling is the only area to be used for the
food preparation;
(e) no additional asphalt area will be added or other area established or used in the
front yard of the dwelling for the parking of vehicles, except in compliance with By-law
No. 94-292.
94-264
19.1.362
None of the provisions of clause (a) of section 4.19.1, clause (n) of section 9.1 and
clauses (d), (e) and (j) of section 9.2 shall apply to prevent the erection or use of an
addition on the westerly side of the Christian Education Wing of the existing church
building closer to the southerly limit of the said land than 5 metres, or to prevent two
existing single dwelling units to be located on the same lot as the principal use, or to
provide and maintain a parking area on the land which shall contain less than 62
parking spaces and to recognize the exterior side yard as presently established by the
two existing dwellings, on the land located on the southwest corner of McMicking
Street and St. Paul Avenue, designated I and numbered 362 on Sheet C2 of Schedule
"A", as amended, subject to compliance with By-law No. 94-264.
95-140
19.1.364
Notwithstanding the GC designation, no person shall use the land designated GC and
numbered 364 on Sheet B3 of Schedule "A", as amended, or erect or use any building
or structure thereon having a total maximum floor area of more than 2,975 square
metres, except in compliance with By-law No. 95-140.
95-5398-
186
2007-249
19.1.365
Notwithstanding sections 11.2.1 and 11.2.2, no person shall use the land on the
southeast corner of Montrose Road designated LI and numbered 365 on Sheet B3 of
Schedule "A", as amended, for any purpose except one or more of the uses permitted
in and subject to compliance with By-law No. 95-53, except for such parts thereof as
are required for road widenings.
19.1.366
Repealed by By-law No. 2010-135.
94-305
19.1.367
Repealed by By-law No. 99-259.
95-96
19.1.368
No person shall use the land on the southwest corner of Stanley Avenue and Lyon's
Creek Road, designated R1A and numbered 368 on Sheet D7 of Schedule "A" to By-
law No. 79-200, as amended, or erect or use any building or structure on the lands for
any purpose except one single-detached dwelling with or without accessory buildings
and subject to compliance with By-law No. 95-96.
95-96
19.1.369
No person shall use the land on the southwest corner of Stanley Avenue and Lyon's
Creek Road, designated HL and numbered 369 on Sheet D7 of Schedule "A" to By-
law No. 79-200, as amended, except in accordance with the requirements of the
Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and is
subject to compliance with By-law No. 95-96.
19.1.370
Repealed by By-law No. 97-174
19.1.371
Repealed by By-law No. 97-174.
19.1.372
Repealed by By-law No. 97-174.
19.1.373
Repealed by By-law No. 97-174.
19.1.374
Repealed by By-law No. 97-174.
95-17
19.1.375
None of the provisions of section 11.2.1 or clause (g) of section 11.2.2 shall apply to
prevent the use of the land on the west side of Stanley Avenue, south of Swayze
Drive, designated LI and numbered 375 on Sheet C2 of Schedule "A", as amended, or
part of an existing building thereon from being used for the purpose of an ornamental
concrete products plant with a storage silo having a height of not more than 15
metres, except in compliance with By-law No. 95-17.
95-135
19.1.376
None of the provisions of section 8.1.1 shall apply to prevent the use of the land on
the northeast corner of Prospect Street and Drummond Road, designated NC and
numbered 376 on Sheet C4 of Schedule "A", as amended, or the erection of any
building or structure thereon from being used for the purpose of a drive-through
establishment provided that no menu or order boards are located closer to any street
line than 18 metres; that the front yard depth of not less than 11.5 metres is provided,
being the new street line as widened; landscaped open space shall be provided and
maintained on the said lands to the extent of not less than 15% of the lot area after the
dedication of any lands; and the minimum rear yard depth shall be 3 metres, subject to
compliance with By-law No. 95-135.
95-65
19.1.377
None of the provisions of section 8.6.1 shall apply to prevent a maximum of 465
square metres of the existing building on the land on the north side of Lundy's lane
between Montrose Road and Beaverdams Road, designated TC and numbered 377
on Sheet B4 of Schedule "A", as amended, from being used for the purpose of retail
stores, except in compliance with By-law 95-65.
95-218
19.1.379
Notwithstanding the R4 designation, no person shall use the land designated R4 and
numbered 379 on Sheet C4 of Schedule "A", as amended, or erect or use any building
or structure therein for any purpose except for eight (8) townhouse dwellings having a
total aggregate of not more than 35 dwelling units subject to compliance with By-law
95-218.
95-122
19.1.380
None of the provisions of section 8.6.1 or19.1.75 shall apply to prevent a maximum of
46 square metres of the existing building on the land on the north side of Ferry Street
between Ellen Avenue and McGrail Avenue, designated TC and numbered 380 on
Sheet D4 of Schedule "A", as amended, from being used for the purpose of a tattoo
studio, except in compliance with By-law No. 95-122.
95-116
19.1.381
Repealed by By-law No. 2016-95.
95-127
19.1.382
None of the provisions of section 12.1 shall apply to prevent the extension of a
building for a place of worship and accessory uses on the land designated A and
numbered 382 on Sheet B2 of Schedule "A", as amended, except in compliance with
By-law No. 95-12795-146
19.1.383
No person shall use the land, being part of Township Lots 46 and 53 for the former
Township of Stamford, designated R1A and numbered 383 on Sheet B2 of Schedule
"A" to By-law 79-200, as amended, or erect or use any building or structure thereon for
any purpose except a detached dwelling subject to compliance with By-law No. 95-
146.
95-146
19.1.384
No person shall use the land, being part of Township Lots 46 and 53 for the former
Township of Stamford, designated R1C and numbered 384 on Sheet B2 of Schedule
"A" to By-law No. 79-200, as amended or erect or use any building or structure
thereon for any purpose except a detached dwelling, subject to compliance with By-
law No. 95-146.
95-130
19.1.385
Notwithstanding clause (f) of section 11.2.2, the minimum rear yard depth for the lands
located on the south side of Canadian Drive, west of Montrose Road, designated LI
and numbered 385 on Sheet B6 of Schedule "A", as amended, shall be 1.8 metres,
subject to compliance with By-law No. 95-130.
95-175
19.1.386
Notwithstanding the definition "lot frontage", and notwithstanding clauses (c), (d), and
(j) of section 7.7.2, the land on the southwest corner of Jepson Street and Rice
Crescent designated R2 and numbered 386 on Sheet D4 of Section "A", as amended,
shall be subject to the following conditions:
(a) the frontage of the land shall be deemed to be on Rice Crescent,
(b) a maximum of two semi-detached dwellings are permitted to be
constructed on the whole of the land except for any land which may be
dedicated for road widening,
(c) the minimum front yard depth shall be 5.18 metres,
(d) the minimum rear yard depth shall be 6.71 metres,
(e) no driveway will be permitted from Jepson Street, and subject to
compliance with By-law No. 95-175.
95-198
19.1.387
None of the provisions of section 9.2 shall apply to prevent the land located on the
southeast corner of Sodom Road and Main Street, designated I and numbered 387 on
Sheet D6 of Schedule "A", as amended, or the use of the existing building thereon
from being used for the purpose of a place of worship and accessory uses, except in
compliance with By-law No. 95-198.
95-192
19.1.388
None of the provisions of section 8.1.2 shall apply to prevent the use of the land
located on the northeast corner of Thorold Stone Road and Dorchester Road,
designated NC and numbered 388 on Sheet C3 of Schedule "A", as amended, or the
use of the existing building and structure from being used for the purpose of one or
more of the following uses: a garden centre which permits the selling of fruits and
vegetables, a car rental establishment, a truck rental establishment, a public garage
mechanical and a used car lot, except in compliance with By-law No. 95-192.
2007-248
19.1.389
Notwithstanding the provisions of section 7.9.1, clauses (a), (b), (c), (e), (g) and (m) of
section 7.9.2 and subclause (iii) of clause (c) of section 7.9.3 of By-law No. 79-200, no
person shall use the land on the east side of St. Paul Avenue, opposite Moretta Drive,
designated R4 and numbered 389 on Sheet C2 of Schedule "A", or erect or use any
building or structure thereon, except for the purpose of townhouse dwellings and
accessory buildings and structures, and except in compliance with By-law No. 2007-
248.
95-238
19.1.390
Notwithstanding the R1E designation or anything contained in section 7.5.2, no person
shall use the land on the east side of Monastery Drive designated R1E and numbered
390 on Sheets B2 and B3 of Schedule "A", as amended, or erect or use any building
or structure thereon for any purpose except for single-detached dwellings and subject
to compliance with By-law No. 95-238.
95-260
19.1.391
Repealed by By-law No. 2003-37.
95-270
19.1.392
Notwithstanding the provisions of section 11.1.1, or clauses (a) and (b) of section
11.1.2 no person shall use the lands, being part of Township Lot 77 on the south side
of Fraser Street designated PI and numbered 392 on Sheet C3 of Schedule "A", as
amended, except for those uses and regulations as provided and in accordance with
By-law No. 95-270.
2002-144
19.1.393
Temporary use by-law no longer in effect as of August 12, 2005.
98-244
19.1.395
Repealed by By-law No. 98-244.
96-028
19.1.396
Repealed by By-law No. 2008-88.
96-056
19.1.397
Notwithstanding the provisions of clause (f) of section 8.1.2, no person shall use the
land on the southwest corner of Sodom Road and the south side of Lyon's Creek
Road designated NC and numbered 397 on Sheets D6 and D7 of Schedule "A", as
amended, or erect or use any building or structure thereon having a total maximum
floor area of not more than 929 sq.m., except in compliance with By-law No. 96-56
96-107
19.1.398
No person shall use the land designated GC and numbered 398 on Sheet C3 of
Schedule "A", as amended, or erect or use any buildings or structures thereon having
a maximum gross leasable floor area of not more than 2,560 square metres of which
not more than 2,045 square metres shall be used for the purpose of retail stores, all in
compliance with By-law 96-107.
96-093
19.1.400
None of the provisions of section 8.2.1 shall apply to prevent the use of the land on
the southeast corner of Lundy's Lane and Drummond Road, designated GC and
numbered 400 on Sheet C4 of Schedule "A", as amended for the purpose of a gas bar
or the erection or use of any buildings or structures thereon, subject to compliance
with By-law 96-93.
98-39
19.1.401
Repealed by By-law No. 98-39.
96-096
19.1.402
None of the provisions of Section 11.1.1 of By-law No. 79-200 shall apply to prevent
the land being part of Township Lot 107 on the south side of Morrison Street,
designated PI and numbered 402 on Sheet C3 of Schedule "A", as amended, or
erection or use of any building or structure from being used for one or more of the
uses as set out in paragraph 2 of this by-law except in compliance with By-law No. 96-
96.
97-235
19.1.403
Notwithstanding subsections 7.9.2 (a), (b) and (h) or section 7.9.3 of By-law No. 79-
200, as amended, no person shall use the land located on the east side of Drummond
Road north of Barker Street designated R4 and numbered 403 on Sheet C4 of
Schedule "A", as amended, for any purpose except for not more than 2 dwelling(s),
not more than 2 storeys or 8 metres in height and containing in the aggregate of not
more than 8 dwelling units subject to compliance with By-law No. 97-235
96-122
19.1.404
Notwithstanding the TC designation or anything contained in section 8.6.1, no person
shall use the land and building on the north side of Lewis Avenue designated TC and
numbered 404 on Sheet D4 of Schedule "A", as amended, except for a 290 seat
restaurant and an accessory souvenir store and subject to compliance with By-law 96-
122. 96-144
19.1.405
None of the provisions of clauses (b), (e) and (h) of section 7.11.2 shall apply to
prevent the existing building on the land on the north side of McLeod Road, being Lot
24 on Plan 67, designated R5B and numbered 405 on Sheet C5 of Schedule "A", as
amended, from being used for the purpose of an apartment building having an
aggregate of not more than 8 dwelling units, except in compliance with By-law No. 96-
144.
96-197
19.1.406
None of the provisions of section 7.7.1 and clause (k) of section 7.7.2 shall apply to
prevent 53 sq.m. of the existing dwelling on the land on the southeast corner of Main
Street and Greenwood Street, designated R2 and numbered 406 on Sheet D6 of
Schedule "A", as amended, from being used for the purpose of a technical office, a
personal service shop, a photographer's studio, an art gallery/studio, a craft and hobby
store or for the selling of used clothing, except in compliance with By-law No. 96-197.
96-242
19.1.407
Repealed by 2006-205
No person shall use or erect any building or structure on the land located on the north
side of Willick Road and east side of Ort Road, designated R3(H) and numbered 407
on Sheet D7 of Schedule "A" of By-law No. 79-200, except in accordance and in
compliance with By-law No. 96-242.
96-242
19.1.408
Repealed by By-law No. 2006-205.
96-242
19.1.409
Notwithstanding the OS designation or the provisions of section 14.1 and 14.2 of By-
law 79-200, as amended, no person shall use the land designated OS and numbered
409 on Sheet D7 for any purpose except for a passive park, and no person shall
permit soil, sand, gravel, rubbish or other fill material to be placed or dumped or
remove any soil or regrade any of the lands; or permit the construction of any
buildings or structures on the lands except as otherwise approved and permitted by
the Corporation of the City of Niagara Falls all in accordance and in compliance with
By-law No. 96-242.
97-50
19.1.410
None of the provisions of section 7.10.1 shall apply to prevent the use of the land on
the southwest corner of Portage Road and Prospect Street, designated R5A and
numbered 410 on Sheet C4 of Schedule "A", as amended, or use of the existing two
storey dwelling and a 26 square metre building addition for the purpose of a medical
office for one practitioner and one dwelling unit, subject to compliance with By-law No.
97-50
96-214
19.1.411
Notwithstanding clause (i) of section 7.4.2, the minimum floor area of any dwelling
erected on the lands designated R1D and numbered 411 on Sheet B3 Schedule "A",
shall not be less than 100 sq.m. and in addition, each dwelling shall provide an
attached garage and subject to compliance with By-law 96-214.
97-30
19.1.412
None of the provisions of sections 7.3.1 and 7.9.1 shall apply to prevent the use of the
lands on the east side of Ailanthus Avenue, being Lot 20, according to Registered
Plan 68 designated R1C and numbered 412 on Sheet C5 of Schedule "A", as
amended and the lands on the south side of Dunn Street, being Part of J.B. Robinson
Lot and part of Block No. 39, according to Plan No. 1 designated R4 and numbered
412 on Sheet C5 of Schedule "A", as amended, for the purpose of a parking area in
conjunction with an assembly hall or a private club on the lands on the south side of
Dunn Street, being Lot 21 and part of Lot 22, according to Registered Plan 68,
designated GC and numbered 412 on Sheet C5 of Schedule "A", as amended, except
in compliance with By-law No. 97-30.
97-51
19.1.413
Notwithstanding the R4 designation no person shall use the land on the east side of
Mewburn Road designated R4 and numbered 413 on Sheet B2 of Schedule "A", as
amended, or erect or use any building or structure thereon except for townhouse
dwellings having a total aggregate of not more than 25 dwelling units, subject to
compliance with By-law 97-51
97-63
19.1.414
None of the provisions of clause (g) of section 8.6.2 shall apply to prevent the land on
the southwest corner of River Road and Buttrey Street designated TC and numbered
414 on Sheet D3 of Schedule "A", as amended, from being used for the erection of a
stupa structure having a building height of more than 12 metres, subject to compliance
with By-law No. 97-63.
97-56
19.1.415
Rescinded by By-law No. 2000-153.
19.1.417
Repealed by By-law No. 2002-136.
97-119
19.1.418
None of the provisions of sections 7.8.1 or 7.8.2 shall apply to prevent the land on the
west side of Main Street and on the north side of Barker Street, designated R3 and
numbered 418 on Sheet C4 of Schedule "A", as amended, or the erection or use of a
building to be used for the purpose of a dwelling providing for not more than three
dwelling units, subject to compliance with By-law No. 97-119
97-100
2015-83
19.1.419
Repealed by By-law No. 2015-83.
97-128
19.1.420
None of the provisions of clause (h) of section 8.1.2 shall apply to prevent the land on
the north side of Thorold Stone Road, designated NC and numbered 420 on Sheet C3
of Schedule "A", as amended, from being used for the purpose of a restaurant, subject
to compliance with By-law No. 97-128.
97-178
19.1.421
None of the provisions of section 7.7.1 shall apply to prevent the existing detached
dwelling on the northwest corner of Robinson Street and Grey Avenue, designed R2
and numbered 421 on Sheet C4 of Schedule "A", as amended, from being used for
the purpose of a tourist home containing not more than three (3) rooms for tourists,
provided the external appearance of the dwelling is maintained as a residence and the
parking requirements are provided for and maintained in accordance with section
4.19.1 and subject to compliance with By-law No. 97-178.
98-31
19.1.422
No person shall use the land located on the north and south sides of Lyon's Parkway
designated R1C and numbered 422 as shown on Sheet D7 of Schedule "A" to By-law
No. 79-200, as amended, except in accordance with By-law No. 98-31.
98-31
19.1.423
No person shall use the land located on the north side of Lyon's Parkway designated
HL and numbered 423 as shown on Sheet D7 of Schedule "A" to By-law 79-200, as
amended, except in accordance with By-law No. 98-31.
97-136
19.1.424
None of the provisions of section 7.3.1 shall apply to prevent the existing detached
dwelling on the northwest corner of Bridgewater Street and Main Street, designated
R1C and numbered 424 on Sheet E6 of Schedule "A", as amended, from being used
for the purpose of a tourist home providing for not more than three (3) rooms for
tourists, provided that the external appearance of the dwelling is maintained as a
residence and the parking spaces required for the rooms for tourists are accessible
from Main Street.99-126
19.1.425
Notwithstanding section 11.1.1 and subsections 11.1.2 (a), (b), (c), (e), (f), (g), (i), (j)
and (n) of By-law No. 79-200, as amended, no person shall use the land on the
southeast corner of Montrose Road and Wanless Street designated PI and numbered
425 on Sheet B4 of Schedule "A", as amended, or use any building or structure
thereon, except in compliance with By-law No. 99-126.
97-165
19.1.426
Notwithstanding subclauses (i) and (ii) of clause (e) of section 7.5.2, lots 1 through 3,
inclusive; 5 through 11, inclusive; 13 through 18, inclusive; 21 and 22; 26 through 37,
inclusive; 41 and 47 through 53, inclusive, all in accordance with Registered Plan
59M-228, located on the west side of Sodom Road through to Lyon's Creek Road,
designated R1E and numbered 426 on Sheet D7 of Schedule "A", as amended, are
subject to reduced minimum interior side yard width requirements as contained in By-
law No. 97-165.
97-174
19.1.427
No person shall erect or use any building or structure on the land designated R1A and
numbered 427 on Sheet C1 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.
97-174
19.1.428
No person shall erect or use any building or structure on the land designated R1A and
numbered 428 on Sheet C1 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.
97-174
19.1.429
No person shall erect or use any building or structure on the land designated R1E and
numbered 429 on Sheet C1 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.
97-174
19.1.430
No person shall erect or use any building or structure on the land designated R3 and
numbered 430 on Sheet C1 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.
97-174
19.1.431
No person shall erect or use any building or structure on the land designated R4 and
numbered 431 on Sheet C1 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.
97-174
19.1.432
No person shall erect or use any building or structure on the land designated R5A and
numbered 432 on Sheet C1 and C2 of Schedule "A" to By-law No. 79-200 except in
accordance with By-law No. 97-174.97-174
19.1.433
No person shall use the land designated EPA and numbered 433 on Sheet C1 of
Schedule "A" to By-law No. 79-200 for any purpose except in accordance with By-law
No. 97-174.
97-175
19.1.434
None of the provisions of section 11.2.1 and clauses (c) and (j) of section 11.2.2 shall
apply to prevent the land on the northwest corner of Kent Avenue and Industrial
Street, designated LI and numbered 434 on Sheet B3 of Schedule "A", as amended,
from being used for an establishment for building material sales provided that the
maximum height of any exterior storage not exceed 5.0 metres from grade and subject
to compliance with By-law No. 97-175.
97-196
19.1.435
Notwithstanding section 9.1 or subsections 9.2 (a), (b), (c), (d), (e), (f), (g), (h) and (i)
and Table 1 of subsection 4.19.1 (a) of By-law No. 79-200, as amended, no person
shall use the land on the south side of Valley Way designated I and numbered 435 on
Sheet C4 of Schedule "A", as amended, or erector use any buildings or structures on
the said land for any purpose except for an existing building to be used for a nursing
home providing for not more than 65 beds and a building of not more than two storeys
in height to be used for a senior citizens' residence providing for not more than 80
beds in compliance with By-law No. 97-196.
97-197
19.1.436
Repealed by By-law No. 2001-57.
97-212
19.1.437
Repealed by By-law No. 2000-38.
97-217
19.1.438
None of the provisions of section 8.6.1 shall apply to prevent the existing building
located on the north side of Lundy's Lane, designated TC and numbered 438 on
Sheet B4 of Schedule "A", as amended, from being used for the purpose of an
insurance office, a law office or an accounting office in compliance with By-law No. 97-
217.
98-11
19.1.439
Notwithstanding subsections 7.5.2 (a)(ii) and (b)(i) of By-law No. 79-200, as amended,
no person shall use the land on the west side of Montrose Road, south of Chorozy
Street, designated R1E and numbered 439 on Sheet B3 of Schedule "A", as
amended, except with a minimum lot area for a corner lot of 430 sq.m. and the
minimum lot frontage for an interior lot of 10.65m and except in compliance with By-
law No. 98-11.2004-118
19.1.440
Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 9.1
and clauses (a), (b), (d), (g) and (i) of section 9.2 of By-law No. 79-200, no person
shall use the land on the south side of Lundy's Lane designated I and numbered 440
on Sheet B4 of Schedule "A", or erect or use any building or structures thereon except
for the purpose of a retirement home and accessory buildings and structures, and
except in compliance with By-law No. 2004-118.
98-01
19.1.441
Notwithstanding subsection 7.5.2(d) of By-law No. 79-200, as amended, no person
shall erect or use any part of detached dwelling on the lands within the area
designated R1E and numbered 441 on Sheet B4 of Schedule "A", as amended, closer
than 30 metres to the CN Railway right-of-way, except in compliance with By-law No.
98-01.
98-02
19.1.442
None of the provisions of section 8.2.1 shall apply to prevent the use of the land and
the existing building located on the west side of Victoria Avenue, north of Maple
Street, designated GC and numbered 442 on Sheet D3 of Schedule "A", as amended,
from being used for the purpose of a souvenir wholesale and distribution
establishment, except in compliance with By-law No. 98-02.
98-34
19.1.443
None of the provisions of section 12.1 or subsection 12.2 (a) of By-law No. 79-200, as
amended, shall apply to prevent the use of the land, or the erection or use of a
building or structure on the west side of Kalar Road, designated A and numbered 443
on Sheet B2 of Schedule "A", as amended, from being used for the purpose of outdoor
recreational activities or a youth centre for sports and recreational uses and/or not
more than 25 dwelling units for seniors in the form of apartment dwellings or
townhouse dwellings except in compliance with By-law No. 98-34.
98-196
19.1.444
None of the provisions of subsection 4.19.1(a), and sections 7.8.1 and 7.8.2 of By-law
79-200, as amended, shall apply to prevent the use of the land on the west side of
Ontario Street, opposite Hiram Street, designated R3 and numbered 444 on Sheet D4
of Schedule "A", as amended, or the existing building located thereon from being used
for a dwelling containing not more than 3 dwelling units or to require all of the required
parking spaces for the dwelling to be provided on the lands provided that the owner of
occupant of such dwelling provides and maintains not more than 4 parking spaces on
a surface parking area on the land on the west side of Ontario Avenue, opposite
Hiram Street, designated P and numbered 444 on Sheet D4 of Schedule "A", as
amended, except in compliance with By-law No. 98-196.
98-104
19.1.445
Notwithstanding section 7.9.1, subsections 7.9.2 (c) (ii) and 7.9.2 (f) (ii), no person
shall use the land on the northwest corner of Montrose Road and Woodbine Street,
designated R4 and numbered 445 on Sheet B3 of Schedule "A", as amended, or erect
or use any building or structure on the said land for any purpose except in compliance
with By-law No. 98-445.
98-39
19.1.446
None of the provisions contained in section 11.1 and subsection 11.1.2(j) of By-law
79-200 shall apply to prevent the use of the land or the erection or use of any building
or structure, on the east side of Dorchester Road north of the CN Rail line, designated
PI and numbered 446 on Sheet C4 of Schedule "A", as amended, from being used for
one or more of the uses as set out in paragraph 2 of this By-law and except in
compliance with By-law No. 98-39.
98-94
19.1.447
Notwithstanding the R4 designation, no person shall use the land on the southeast
corner of Sodom Road and Weinbrenner Road designated R4 and numbered 447 on
Sheet D7 of Schedule "A", as amended, or erect or use any building or structure
thereon except for townhouse dwellings having a total aggregate of not more than 14
dwelling units, except in accordance to By-law 98-94.
98-244
19.1.448
Notwithstanding sections 12.1 and 12.2 of By-law No. 79-200, as amended, no person
shall use the land on the northeast corner of Thorold Townline Road and Highway 20
designated A and numbered 448 on Sheet A5 of Schedule "A", as amended, except
for a passive recreational park and a private club with a maximum floor area of 290
square metres and except in compliance with by-law No. 98-244.
98-183
19.1.449
Repealed by By-law No. 2017-102.
98-122
19.1.450
(a) Notwithstanding the P designation or any of the provisions of sections 17.1 or 17.2,
no person shall use the P subject lands on the west side of First Avenue, designated
P and numbered 450 on Sheet D3 of Schedule "A", as amended, for any purpose
except as a parking lot consisting of a surface parking area and except in compliance
with By-law No. 98-122.
(b) None of the provisions of subsections 11.3.2 (c), (d), (e), (f) or (j) shall apply to
prevent the erection or use of a building or structure on the GI subject lands on the
west side of First Avenue, designated GI and numbered 450 on Sheet D3 of Schedule
"A", as amended, except in compliance with By-law No. 98-122.
98-146
19.1.451
None of the provisions of section 8.5.1 of By-law 79-200 shall apply to prevent the
land on the southeast corner of Queen Street and Buckley Avenue, designated CB
and numbered 451 on Sheet D3 of Schedule "A", as amended, from being used for
the purpose of a new car agency and a used car lot except in compliance with By-law
No. 98-146.
99-260
19.1.452
None of the provisions of subsections 8.1.2(b) and section 4.27.1 shall prevent the
erection or use of a building or structure on the lands located on the southwest corner
of McLeod Road and Drummond Road designated NC and numbered 452 on Sheet
C5 of Schedule "A", as amended, except in compliance with By-law No.99-260.
99-65
19.1.453
Repealed by By-law No. 2009-194.
98-154
19.1.454
Notwithstanding subsections 7.5.2 (d), (e) and (f) of By-law 79-200, as amended, no
person shall erect or use any detached dwelling on the land north of Beaverdams
Road and east of Kalar Road designated R1E and numbered 454 on Sheet B4 of
Schedule "A", as amended, closer than 13.7 metres to the northerly boundary of the
said land, except in compliance with By-law No. 98-154.
98-157
19.1.455
Repealed by By-law No. 2007-01.
98-176
19.1.457
Notwithstanding section 4.14.1, subsection 4.19.1 (e), section 8.6.1 and subsections
8.6.2 (a), (b), (d) and (g) of By-law No. 79-200, as amended, no person shall use the
land located on the west side of Stanley Avenue designated TC and numbered 457 on
Sheet D4 of Schedule "A", as amended, or use any building or structure thereon,
except for the existing 8 storey hotel and an 8 storey addition to it, in compliance with
By-law No. 98-176.
19.1.458
Repealed by By-law No. 99-78.
98-185
19.1.459
The provisions of section 8.1.1 of By-law No. 79-200, as amended, shall not apply to
prevent a printing shop from being established on the land on the southeast corner of
Drummond Road and Village Crescent, designated and numbered 459 on Sheet C5 of
Schedule "A", as amended, except in compliance with By-law No. 98-185.
98-204
19.1.460
(a) Notwithstanding the provisions of sections 14.1 and 14.2 of By-law No. 79-200, as
amended, no person shall use the lands designed OS and numbered 460 on Sheet B5
on Schedule "A" except in compliance with By-law No. 98-204.
(b) none of the provisions of sections 8.6.1, 8.6.2 or 4 of By-law No. 79-200, as
amended, shall apply to prevent the use of lands designated TC and numbered 460
on Sheets B4 and B5 on the southwest corner of Lundy's Lane and the Queen
Elizabeth Way from being used as a factory outlet centre and except in compliance
with By-law No. 98-204.
98-256
19.1.461
None of the provisions of section 8.6.1 shall apply to prevent the existing dwelling on
the land on the northwest side of McGrail Avenue, designated TC and numbered 461
on Sheet D4 of Schedule "A", as amended, from being used for the purpose of two
dwelling units except in compliance with By-law No. 98-256.
98-228
19.1.462
Deleted by By-law No. 2009-51.
98-228
19.1.463
Deleted by By-law No. 2009-51.
98-228
19.1.464
Deleted by By-law No. 2009-51.
99-14
19.1.465
Notwithstanding subsections 7.5.2 (a), (b), (c), (e), (i) and (ii) and (g) of By-law No. 79-
200, as amended no person shall use the land located on the south side of
Beaverdams Road and designated R1E and numbered 465 on Sheet B4 of Schedule
"A", as amended, or use any buildings or structures thereon, except in compliance
with By-law No. 99-14.
99-48
19.1.467
None of the provisions of section 12.1 of By-law No. 79-200, as amended, shall apply
to prevent a person from using the land on the east side of Thorold Townline Road,
north of Highway 20 designated A and numbered 467 on Sheets A4 and A5 of
Schedule "A", as amended, for a shop to smoke and wholesale meat, except in
compliance with By-law No. 99-48.99-30
99-30
2020-119
19.1.468
Notwithstanding subsection 7.5.2(i) of By-law No. 79-200, as amended no person
shall use the lands on the west side of Kalar Road and north side of McLeod Road,
designated R1E and numbered 468 on Sheet B5 of schedule "A", as amended, or use
any buildings or structures thereon except in compliance with By-law No. 99-30.
Refer to By-law No. 1999-30, as amended by By-law No.2020-119.
99-30
2020-119
19.1.469
Notwithstanding section 8.1.2 of By-law No. 79-200, as amended, no person shall use
the land on the northwest corner of Kalar Road and McLeod Road, designated NC
and numbered 469 on Sheet B5 of Schedule "A", as amended, or use any buildings or
structures thereon, except in compliance with By-law No. 99-30.
Refer to By-law No. 1999-30, as amended by By-law No.2020-119.
19.1.470
Repealed by By-law No. 2004-137.
99-259
19.1.472
No person shall use the land located on the south side of Mountain Road, designated
TC(H) and numbered 472 on Sheet B2 of Schedule "A", as amended, or use any
buildings or structures thereon, except in compliance with By-law No. 99-259.
99-52
2021-30
19.1.473
Repealed by By-law No. 2021-30.
2002-44
19.1.474
Notwithstanding section 12.1 of By-law No. 79-200, as amended, no person shall use
the land located on the east side of Kalar Road south of Beaverdams Road
designated A and numbered 474 on Sheet B4 of Schedule "A", as amended, for any
purpose except for a contractor's shop and yard subject to compliance with By-law No.
2002-44.
99-78
19.1.475
None of the provisions of subsections 4.14.1, 4.19.1(a), section 8.6.1, subsections
8.6.2 (b), (d), (g) and (i) and 17.2 (g) of By-law 79-200, as amended, shall apply to
prevent the land on the north side of Ferry Street, designated TC and numbered 475
on Sheet D4 of Schedule "A" as amended, from being used for an 11-storey hotel and
none of the provisions of subsection 17.2 (g) of By-law No. 79-200, as amended, shall
apply to prevent the land on the northwesterly side of Ellen Avenue, designated P and
numbered 475 on Sheet D4 of Schedule "A" as amended, from being used for
required parking, except in compliance with By-law No. 99-78.
99-106
2007-22
19.1.476
None of the provisions of subsection 4.19.1(a) of By-law No. 79-200, as amended,
shall apply to prevent the use of the land on the north side of Murray Street through to
Robinson Street and on the northeast corner of Robinson Street and Clark Avenue,
designated TC and numbered 47 and 476 on Sheets D4 and D5 of Schedule "A", as
amended, or the erection or use of any building or structure for any use allowed by
section 8.6.1 of By-law No. 79-200, as amended, and no person shall use the land on
the north side of Murray Street through to Robinson Street and on the north side of
Robinson Street, designated TC(H) and numbered 476 on Sheets D4 and D5 of
Schedule "A", as amended, or erect or use any building or structure on the land except
those which lawfully existed on the date of passing this by-law, and except in
compliance with By-law No. 99-106.
2008-190
19.1.477
None of the provisions of clause (a) of section 4.19.1 and clauses (c), (f) and (i) of
section 8.6.2 of By-law No.79-200 shall apply to prevent the use of the land on the
southeast side of Victoria Avenue designated TC and numbered 477 on Sheet D4 of
Schedule "A" or the erection or use of buildings located thereon for tourist commercial
purposes, or to require the provision on the same land containing all the required
parking spaces except in compliance with By-law No. 99-104.
2008-190
19.1.478
(a) None of the provisions contained within the definition "hotel" of By-law No. 79-200
shall apply to prevent the use of the land on the southeast side of Victoria Avenue,
through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule
"A", or the erection or use of any buildings or structures thereon, for the purpose of a
hotel which does not provide a public dining room or a public meeting room. - By-law
No. 99-104, as amended by By-law No. 2008-190.
(b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 shall
apply to require parking spaces to be provided for any public dining room or public
meeting room within a hotel on the land on the southeast side of Victoria Avenue,
through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule
"A". - By-law No. 99-104, as amended by By-law No. 2008-190.
(c) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 shall
apply to require all of the required parking spaces for all of the permitted uses and
buildings and structures on the land on the southeast side of Victoria Avenue, through
to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" to
be provided and maintained on the same land, except in compliance with By-law No.
99-104, as amended by By-law No. 2008-190.
(d) Notwithstanding the definition "lot" of By-law No. 79-200, the land on the southeast
side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478
on Sheet D4 of Schedule "A", shall be considered one lot.
(e) Notwithstanding the provisions of clauses (b), (c), (d), (e), (g) and (i) of section
8.6.2 of By-law No. 79-200, no person shall use of the land on the southeast side of
Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on
Sheet D4 of Schedule "A", or erect or use any buildings or structures thereon, except
in compliance with By-law No. 2008-190.
(f) Notwithstanding the provision of clause (t) of section 8.6.1 of By-law No. 79-200, no
person shall use the land on the southeast side of Victoria Avenue, through to Clark
Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" for the
purpose of a pay for use parking lot. - By-law No. 99-104, as amended by By-law No.
2008-190."
99-143
19.1.479
None of the provisions of section 8.2.1 and subsections 4.19.1 (a), (e) and (g) of By-
law No. 79-200, as amended, no person shall apply to prevent the existing dwelling on
the land on the northeast corner of Portage Road and as amended, from being used
for the purpose of six dwelling units, except in compliance with By-law No. 99-143.
99-117
19.1.480
Rescinded by By-law No. 2000-127.
2000-165
19.1.482
Notwithstanding subsection 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as
amended, no person shall use the land on the east side of Buchanan Avenue through
to Clark Avenue, designated TC and numbered 482 on Sheet D4 of Schedule "A" as
amended, or erected or use any building or structure thereon for a hotel having a
height more than 4 storeys, but not exceeding 10 storeys, expect in compliance with
By-law No. 2000-165.
99-148
19.1.483
Notwithstanding subsection 7.5.2(i) and in addition to the regulations contained in
section 7.5.2 of By-law No. 79-200, as amended, no person shall use the land
between Kalar Road and Connell Avenue, designated R1E and numbered 483 on
Sheet B3 of Schedule "A", as amended, or use any buildings or structures thereon,
except in compliance with By-law No. 99-148.
99-149
19.1.485
Notwithstanding subsection 4.19.3 (a), section 7.3.1 and subsections 7.3.2 (a), (b), (c),
(e) and (g) of By-law No. 79-200, as amended, a person may use the land on the west
side of St. Paul Avenue, designated R1C and numbered 485 on Sheet C2 of Schedule
"A", as amended, and the existing one dwelling and additions thereto as a tourist
home containing up to three rooms for tourists, provided it is in compliance with By-law
No. 99-149.
99-166
19.1.486
None of the provisions of Section 2 of By-law No. 95-260, shall apply to prevent use of
the land or any existing building located on the south side of Morrison Street,
designated as SC and numbered 391 and 486 on Sheets B3, B4, C3 and C4 of
Schedule "A" as amended, from being used for the purpose of a Restaurant, Bank,
Trust Company or Credit Union, Personal Service Shop, Service Shop or Health
centre, and except in compliance with By-law No. 99-166.
99-204
19.1.487
None of the provisions of section 11.2.1 of By-law No. 79-200, as amended, shall
apply to prevent the existing building located on the south side of Canadian Drive,
designated LI and numbered 487 on Sheet B6 of Schedule "A", as amended, from
being used for the purpose of a laser eye centre and a private ambulance service
(non-emergency), except in compliance with By-law No.99-204.
2000-36
19.1.488
Notwithstanding sections 8.2.1 and subsections 8.2.2 (a), (b), (c), (d), (e), (f), (g) and
(h) of By-law No. 79-200, as amended, no person shall use the land on the west side
of Fourth Avenue designated GC and numbered 488 on Sheet D3 of Schedule "A", as
amended, or the existing building thereon, except in compliance with By-law No. 2000-
36.2001-80
19.1.489
Repealed by By-law No. 2003-78.
99-272
19.1.493
(H)
None of the provisions of section 4.27.1 and subsections 8.6.2 (d), (g) and (k) of By-
law 79-200, as amended, shall apply to prevent the land on the north side of Murray
Street, designated TC and numbered 476 and 493 (H) on Sheet D5 of Schedule "A"
as amended, from being used for 3 retail stores having floor areas of more than 400
square metres, a hotel having a height more than 4 storeys, but not exceeding 24
storeys, excluding the required roof feature which may contain a maximum of 3
storeys for occupancy, and a parking garage not exceeding 4 storeys, except in
compliance with By-law No. 99-272.
99-233
19.1.494
None of the provisions of subsections 4.19.1(a), 8.6.2(g) and (i) of By-law 79-200, as
amended, shall apply to prevent the land on the south side of Lundy's Lane,
designated TC and numbered 494 on Sheet B4 of Schedule "A", as amended, from
being used for the purpose of a 5-storey hotel not exceeding 16 metres in height in
compliance with By-law No. 99-233.
99-268
19.1.495
Notwithstanding the provisions of subsection 4.27.1(d), section 8.6.1 and subsections
8.6.2 (a), (b), (c), (d), (e), (f) and (g) of By-law No. 79-200, as amended, no person
shall use the land on the west side of Oakes Drive, designated TC and numbered 495
on Sheet D5 of Schedule "A" as amended, or erect or use any building or structure
thereon for any purpose except for a hotel containing 2 towers, one providing not more
than 30 storeys, the other providing not more than 36 storeys, a trade centre and
ancillary uses, and none of the provisions of subsection 4.19.1(a) of By-law No. 79-
200, as amended, shall apply to the extent to require the owner or occupant of such
hotel, trade centre and ancillary uses to provide and maintain all of the required
parking spaces on the same lands as the hotel, trade centre and ancillary uses. The
owner or occupant of the hotel shall provide and maintain a parking area on the west
side of Stanley Avenue, designated TC and numbered 495 on Sheet D5 of Schedule
"A", as amended, containing all of the parking spaces which cannot be provided on the
same lands as the hotel, trade centre and ancillary uses, all in compliance with By-law
No. 99-268.
2000-31
19.1.496
Notwithstanding subsection 4.19.1 (c) and subsections 7.9.2 (c), (d), (e), (g), (k) and
(m) and subsection 7.9.3 (c) (iii) of By-law No. 79-200, as amended, no person shall
use the land on the west side of Montrose Road designated R4 and numbered 496 on
Sheet B2 of Schedule "A", as amended, or erect or use any building or structure for
any purpose except for a maximum of 24 townhouse dwelling units and except in
compliance with By-law No. 2000-31.
2013-59
19.1.498
Notwithstanding the provisions of section 4.27.1, 4.7, clause (a) of section 7.11.1 and
clauses (a), (b), (c), (d), (d), (f), (g), (h), and (m) of section 7.11.2 of By-law No. 79-
200, no person shall use the land on the northeast corner of Mountain Road and St.
Paul Avenue, designated R5B and numbered 498 on Sheets C1 and C2 of Schedule
"A", or erect or use any building or structure thereon for the purpose of an apartment
dwelling having a building height greater than 10 metres and having uses permitted by
clauses (a) through to and including clause (j) of section 8.1.1 of By-law No. 79-200 on
a portion of the ground floor, except in compliance with By-law No. 2013-59.
19.1.498
Refer to By-law No. 2013-59.
2000-38
19.1.499
Notwithstanding subsections 7.8.2 (b), (v), (e) and (f) of By-law 79-200, as amended,
no person shall use the land or erect or use any building or structure on the east side
of St. Paul Avenue designated R3 and numbered 499 on Sheet C2 of Schedule "A",
as amended, except for a maximum of 20 on-street one-storey townhouse dwellings
each providing and maintaining an attached garage and except in compliance with By-
law No. 2000-38.
2003-30
19.1.500
Notwithstanding the provisions of clause (b) of section 4.13, sections 4.27.1 and
7.11.1, and clauses (a), (b), (c), (d), (e), (f), (h), (l) and (m) of section 7.11.2 and in
addition to the regulations contained in section 7.11.2 of By-law No. 79-200, no person
shall use the land on the southwest corner of Dunn Street and Ailanthus Avenue,
designated R5B and numbered 500 on Sheet C5 of Schedule "A", or erect or use any
building or structure thereon except for an apartment dwelling having up to 4 storeys
and up to 16 dwelling units and a garbage bin enclosure, and except in compliance
with By-law No. 2003-30.
2000-65
19.1.501
None of the provisions contained in sections 7.9.1 and 7.9.2 of By-law No. 79-200, as
amended shall apply to prevent the land on the north side of Weinbrenner Road,
designated R4 and numbered 501 on Sheets E6 and E7 of Schedule "A" as amended,
from being developed in accordance with the provisions contained in subsection 9.1(f)
and section 9.2 of By-law No. 79-200, as amended, except in compliance with By-law
No. 2000-65.2000-59
19.1.502
None of the provisions of section 2 of By-law No. 95-260, as amended, shall apply to
prevent 5 buildings from being erected on the land on the south side of Morrison
Street, designated SC and numbered 391, 486 and 502 on Sheets B3, B4, C3 and C4
of Schedule "A" as amended, and a maximum aggregate of 5 retail stores, each
having a gross leasable floor area of less than 465 square metres, and within the
same structure, from being established on the land, except in compliance with By-law
No. 2000-59.
2000-86
2003-56
19.1.503
Temporary use by-law no longer in effect as of April 17, 2003.
Temporary use by-law no longer in effect as of March 17, 2004.
2000-74
2001-134
19.1.504
Replaced by By-law No. 2001-134.
2000-82
19.1.505
None of the provisions contained in section 11.1.1 of By-law No. 79-200, as amended
shall apply to prevent the use of the land on the southwest corner of Chippawa Creek
Road and Montrose Road, designated PI and numbered 505 on Sheet B7 of Schedule
"A", as amended or the erection or use of any building or structure thereon for a hotel
and ancillary outdoor volleyball courts, with or without accessory buildings and none of
the provisions contained in subsections 11.1.2 (c), (e), and (j) of By-law No. 79-200,
as amended shall apply to the existing building located on the northeast corner of the
land and the existing outdoor volleyball courts located on the northwest corner of the
land, except in compliance with By-law No. 2000-82.
2000-153
2022-093
19.1.506
Repealed by By-law No. 2022-093.
2000-85
2003-57
19.1.507
Temporary use by-law no longer in effect as of April 17, 2002.
Temporary use by-law no longer in effect as of March 17, 2004.
2000-95
19.1.508
None of the provisions of subsections 7.7.2 (b)(iii) and (e)(ii) of By-law No. 79-200, as
amended shall apply to prevent the use of the land on the north corner of Front Street
and Norton Street designated R2 and numbered 508, in part, on Sheet E6 of Schedule
"A" as amended, or the erection of any building or structure for any purpose, except in
compliance with By-law No. 2000-95.
Notwithstanding subsections 4.19.1 (a), 7.8.1, 7.8.2 (c), (d), (e)(ii), (f) and (k) of By-law
No. 79-200, as amended, no person shall use the land on the north corner Front
Street and Norton Street designated R3 and numbered 508, in part, on Sheet E6 of
Schedule "A" as amended, or erect or use any building or structure for any purpose
except for one dwelling providing 5 on-street townhouse dwelling units and except in
compliance with By-law No. 2000-95.
2000-133
19.1.509
Notwithstanding sections 4.27.1, 8.1.1 and subsections 8.1.2 (a), (b), (c), (d) and (e) of
By-law No. 79-200, as amended, no person shall use the land on the northeast corner
of Drummond Road and Valley Way, designated NC and numbered 509 on Sheet C4
of Schedule "A", as amended, and the existing building thereon except for a full
service beauty/hair salon which may include a spa with massage therapy by one or
more registered massage therapists and one dwelling unit on the second floor, and
except in compliance with By-law No. 2000-133.
2000-119
19.1.510
None of the provisions contained in section 11.1.1 and subsections 11.1.2(d), (j) and
(o) of By-law No. 79-200, as amended, shall apply to prevent the land on the south
side of Fraser Street, designated PI and numbered 510 on Sheet C3 of Schedule "A",
as amended, and the existing building thereon from being used for a Lodge for the
Loyal Order of Moose and/or Women of the Moose, except in compliance with By-law
No. 2000-119.
2000-103
19.1.511
c) Notwithstanding subsection 8.6.2 (c) and (g) of By-law 79-200, as amended, no
person shall use the land on the east side of Oakes Drive, designated TC and
numbered 511 on Sheet D5 of Schedule "A" as amended, or erect or use any building
or structure thereon for a hotel having a height up to 20 storeys, and none of the
provisions of subsection 4.19.1 (a) of By-law 79-200, as amended, shall apply to the
extent to require the owner or occupant of such hotel to provide and maintain all of the
required parking spaces for the hotel on the same land, except in compliance with By-
law No. 2000-103.
d) Notwithstanding section 17.1 and subsections 17.2 (b), (f) and (g) of By-law No. 79-
200, as amended, no person shall use the land on the north side of Dunn Street,
designated P and numbered 511 on Sheet D5 of Schedule "A" as amended, or erect
or use any building or structure thereon for a parking garage, except in compliance
with By-law 2000-103.
19.1.512
Repealed by By-law No. 2002-135.
2002-135
19.1.513
Repealed by OMB.
2000-127
19.1.514
None of the provisions of subsection 4.19.1(a), section 4.27.1, section 8.6.1 and
subsections 8.6.2 (b), (c), (e), (g), (i) and 17.2 (g) of By-law No. 79-200, as amended,
shall apply to prevent the land on the west side of Oakes Drive, through to Stanley
Avenue, on the south side of Dunn Street designated TC and numbered 355 and 514
on Sheet D5 of Schedule "A", as amended, from being used for an existing hotel
building comprised of one 15-storey portion and a 5-storey portion, a 5-storey parking
structure and one 576 square metre restaurant and none of the provisions of
subsections 4.19.1 (a) and 17.2 (g) of By-law No. 79-200, as amended, shall apply to
prevent the land on the north side of Dunn Street, through to Dixon Street, on the east
side of Cleveland Avenue designated P and numbered 514 on Sheets C5 and D5 of
Schedule "A", as amended, from being used for required parking, subject to
compliance with By-law No. 2000-127.
2000-128
19.1.515
None of the provisions of subsection 4.19.1 (a), section 8.6.1, subsections 8.6.2 (b),
(c), (d), (f), (g), (i) and 17.2(g) of By-law No. 79-200, as amended, shall apply to
prevent the land on the east side of Oakes Drive, designated TC and numbered 515
on Sheet D5 of Schedule "A", as amended, from being used for a hotel tower complex
and none of the provisions of subsections 4.19.1 (a) and 17.2 (g) of By-law 79-200, as
amended, shall apply to prevent the land on the north side of Dunn Street, through to
Dixon Street, on the east side of Cleveland Avenue designated P and numbered 514
and 515 on Sheets C5 and D5 of Schedule "A", as amended, from being used for
required parking, subject to compliance with By-law No. 2000-128.
2000-243
19.1.516
Repealed by By-law No. 2001-169
2000-197
19.1.517
Repealed by By-law No. 2008-51.
2000-197
19.1.518
Repealed by By-law No. 2008-51.2000-229
19.1.520
None of the provisions of section 8.6.1 of By-law No. 79-200, as amended, shall apply
to prevent the land on the north side of Lundy's Lane, designated TC and numbered
520 on Sheet B4 of Schedule "A", as amended, or any building or structure thereon
from being used for a clinic, office, and equipment rental and repair shop except in
compliance with By-law No. 2000-229.
2000-181
19.1.521
Notwithstanding the provisions of section 4.27.1 and subsections 7.11.2 (a), (c), (e),
(h) and (m) of By-law No. 79-200, as amended, no person shall use the land on the
south side of McLeod Road, designated R5B and numbered 521 on Sheet C5 of
Schedule "A", as amended, or erect or use any building or structure thereon except for
an apartment building having up to 12 dwelling units, and except in compliance with
By-law No. 2000-181.
2000-182
19.1.522
Repealed by By-law No. 2008-29.
2000-250
19.1.524
No person shall use the land located on the southwest corner of the intersection of
Mountain Road and Mewburn Road, designated TC and numbered 524 on Sheet B2
of Schedule "A", as amended, or use any buildings or structures thereon, except in
compliance with By-law No. 2000-250.
2000-195
19.1.525
None of the provisions of subsections 8.6.2 (b), (d) and (g) of By-law No. 79-200, as
amended, shall apply to prevent the land on the southwest corner of Ferry Street and
Grey Avenue designated TC and numbered 525 on Sheet C4 of Schedule "A", as
amended, from being used for a 7-storey hotel, except in compliance with By-law No.
2000-195.
2000-196
19.1.526
Repealed by By-law No. 2009-194.
2000-226
19.1.527
Deleted by By-law No. 2012-133.
2000-242
19.1.528
None of the provisions of sections 4.27.1, 11.1.1 and 11.1.2 of By-law 79-200, as
amended, shall apply to prevent the land on the east side of Stanley Avenue
designated PI and numbered 528 on Sheet C1 of Schedule "A", as amended from
being used for the growing of field crops or the erection of an addition to the existing
detached dwelling, a barn, and a storage building thereon, except in compliance with
By-law No. 2000-242.
2000-230
19.1.529
Repealed by By-law No. 2001-266 (see19.1.557 &19.1.558).2000-256
19.1.530
None of the provisions of section 7.7.1 of By-law 79-200, as amended, shall apply to
prevent the existing detached dwelling on the land on the south side of Culp Street,
designated R2 and numbered 530 on Sheet C5 of Schedule "A" as amended, from
being used for the purpose of a tourist home containing not more than three rooms for
the tourists, except in compliance with By-law No. 2000-256.
2000-258
19.1.531
None of the provisions contained in sections 12.1 and 12.2 of By-law No. 79-200, as
amended, shall apply to prevent the land on the west side of Beechwood Road,
designated A and numbered 531 on Sheet A5 of Schedule "A" as amended, from
being developed in accordance with the provisions contained in sections 13.1 and
13.2 of By-law No. 79-200, as amended, except in compliance with By-law No. 2000-
258.
2001-15
19.1.532
In addition to the provisions contained in section 9.2 of By-law No. 79-200, as
amended, no person shall use the land on the east side of Dorchester Road,
designated I and numbered 532 on Sheet C4 of Schedule "A", as amended, or erect
or use any building or structure thereon except in compliance with By-law No. 2001-
15.
2001-57
19.1.533
Notwithstanding the provisions of Table 1 of subsection 4.19.1(a), subsections
4.27.1(a) and (d), section 8.1.1 and subsections 8.1.2(b), (f), (h) and (i) of By-law No.
79-200, as amended, no person shall use the land on the west side of Montrose Road,
north of Lundy's Lane, designated NC and numbered 533 on Sheet B4 of Schedule
"A", as amended, or erect or use any building or structure thereon for any purpose
except for one or more offices, and except in compliance with By-law No. 2001-57.
2000-266
19.1.534
None of the provisions contained within the definition "place of entertainment", and
subsection 8.6.2(g) of By-law No. 79-200, as amended, shall apply to prevent the land
on the east side of Victoria Avenue, designated TC and numbered 534 on Sheet D3 of
Schedule "A", as amended, from being used for a hotel, including a pinball or
electronic game machine establishment, having a maximum building height of more
than 12 metres, except in compliance with By-law No. 2000-266.
2004-67
19.1.535
None of the provisions of clause (a) of section 4.27.1 and sections 7.8.1 and 7.8.2 of
By-law No. 79-200 shall apply to prevent the use of the land on the northwest corner
of the intersection of Stanley Avenue and Church's Lane, designated R3 and
numbered 535 on Sheet C2 of Schedule "A", or the use of the existing dwelling
thereon, for the purpose of not more than four dwelling units, except in compliance
with By-law No. 2004-67.
2001-149
19.1.536
Repealed by By-law No. 2002-110.
2001-21
19.1.537
None of the provisions of subsections 4.19.1(a), 8.6.2(b), (g) and (i) and 17.2(g) of By-
law No. 79-200, as amended, shall apply to prevent the lands located on the
northwesterly side of Ellen Avenue designated TC and numbered 537 on Sheet D4 of
Schedule "A", as amended from being used for a motel consisting of one three-storey
portion and one five-storey portion and none of the provisions of subsection 17.2(g) of
By-law No. 79-200 as amended, shall apply to prevent the land on the southeasterly
side of McGrail Avenue, designated P and numbered 537 on Sheet D4 of Schedule
"A" as amended, from being used for required parking, except in compliance with By-
law No. 2001-21.
2001-50
2015-51
19.1.538
Repealed by By-law No. 2015-51.
2001-54
19.1.539
None of the provisions of sections 7.15.1 and 7.15.2 of By-law No. 79-200, as
amended, shall apply to prevent the existing building on the land on the west side of
Crysler Avenue, designated R5F and numbered 539 on Sheet D3 of Schedule "A", as
amended and in addition thereto, from being used for the purpose of a "Special
Residence, Temporary Shelter", except in compliance with By-law No. 2001-54.
2001-75
19.1.540
None of the provisions of section 11.1.1 of By-law No. 79-200, as amended shall apply
to prevent the use of the land on the east side of Oakwood Drive, designated PI and
numbered 540 on Sheets B6 and C6 of Schedule "A", as amended, or erection or use
of any buildings or structure thereon for the uses set out in section 2 of By-law No.
2001-75, except in compliance with By-law No. 2001-75.
2001-85
19.1.541
Repealed by By-law No. 2002-112.
2001-90
19.1.542
Repealed by By-law No. 2002-210.
2001-88
19.1.543
Notwithstanding the provisions of subsection 7.3.2 (b)(ii) of By-law No. 79-200, as
amended, no person shall use the land on the south side of Mountain Road extending
to the Hydro Haulage Road Trail, designated R1C and numbered 543 on Sheet C2 of
Schedule "A", as amended, or erect or use any buildings or structures thereon, except
in compliance with By-law No. 2001-88.
2001-154
19.1.544
Notwithstanding the provisions of section 4.27.1 and subsections 7.5.2(c) and (i) and
in addition to the requirements contained in section 7.5.2 of By-law No. 79-200, as
amended, no person shall use the land on the east side of Kalar Road, south of
Costabile Drive and north of Marcon Street, designated R1E and numbered 544 on
Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures
thereon, except in compliance with By-law No. 2001-154.
2001-154
19.1.545
Notwithstanding the provisions of section 7.9.1 and subsections 7.9.2(b), (d), (e) and
7.9.3 (c)(iii), and in addition to the regulations contained in section 7.9.2 of By-law No.
79-200, as amended, no person shall use the land on the south side of Costabile
Drive, designated R4 and numbered 545 on Sheet B3 of Schedule "A", as amended,
or erect or use any buildings or structures thereon except for group dwellings, and
except in compliance with By-law No. 2001-154.
2001-224
19.1.546
(e) None of the provisions contained within the definition "lot frontage" of By-law No.
79-200, as amended, shall apply to the land on the northwest corner of Thorold Stone
Road and Kalar Road, designated R1D and numbered 546 on Sheet B3 of Schedule
"A", as amended, to prevent the width of a lot, measured along the front lot line, from
being more than 3 metres less than the minimum lot frontage required by the
provisions of subsection 7.4.2(b)(i) of By-law No. 79-200, as amended, except in
compliance with By-law No. 2001-224.
2001-135
19.1.547
None of the provisions of subsection 7.10.2(a) of By-law No. 79-200, as amended,
shall apply to prevent the use of the land on the west side of St. Paul Avenue,
designated R5A and numbered 547 on Sheet C2 of Schedule "A", as amended, or the
erection or use of any building or structure thereon for an apartment building having
up to 32 dwelling units, except in compliance with By-law No. 2001-135.
2001-132
2022-106
19.1.548
Repealed by By-law No. 2022-106.
2001-137
19.1.549
None of the provisions of sections 7.3.1 and 7.3.2 of By-law No. 79-200, as amended,
shall apply to prevent the existing building situated on the land on the east side of
Sinnicks Avenue, designated R1C and numbered 549 on Sheet C2 of Schedule "A",
as amended, from being used as a community building and respite facility, operated
by a not-for-profit organization except in compliance with By-law No. 2001-137.
2001-147
19.1.550
None of the provisions of sections 11.2.1 and 11.2.2 of By-law No. 79-200, as
amended, shall apply to prevent the existing building situated on the land on the
southeast corner of Ferguson Street and Dyson Avenue, designated LI and numbered
550 on Sheet D3 of Schedule "A", as amended, from being used for a private club,
except in compliance with By-law No. 2001-147.
2001-134
19.1.551
Notwithstanding the provisions of subsections 7.1.2 (a), (b), (e) and (i), and in addition
to the requirements contained in section 7.1.2 of By-law No. 79-200, as amended, no
person shall use the land on the east side of Dorchester Road, north of Mountain
Road and south of the CN Railway line, designated R1A and numbered 551 on Sheet
C1 of Schedule "A", as amended, or erect or use any buildings or structures thereon,
except in compliance with By-law No. 2001-134.
2001-134
2009-41
19.1.552
Refer to By-law No. 2001-134, as amended by By-law No. 2009-41.
2001-157
19.1.553
Repealed by By-law No. 2007-162.
2001-157
19.1.554
Repealed by By-law No. 2007-162.
2001-157
19.1.555
Repealed by By-law No. 2007-162.
2001-169
19.1.556
Notwithstanding the provisions of section 4.11 and subsections 7.9.2(b), (c), (d), (e),
(g) and (m) of By-law No. 79-200, as amended, no person shall use ht eland within the
northeast quadrant of Dorchester Road and Highway 420 designated R4 and
numbered 556 on Sheet C4 of Schedule "A", as amended, or erect or use any building
or structure for any purpose except for a maximum of 21 townhouse dwelling units
with attached garages and except in compliance with By-law No. 2001-169.
2001-266
19.1.557
None of the provisions of Table 1 of subsection 4.19.1(a) and subsections 7.8.2(a)(iii),
(c), (d), (e)(ii), (g) and (k) of By-law No. 79-200, as amended, shall apply to prevent
the use of the land on the south side of Ash Street through to Murray Street,
designated R3 and numbered 557 on Sheet C5 of Schedule "A", as amended, or the
erection and use of any buildings or structures thereon for on-street townhouse
dwellings except in compliance with By-law No. 2001-266.
2001-266
19.1.558
None of the provisions of subsection 7.11.2(d), (e), (f), (k) and (m) of By-law No. 79-
200, as amended, shall apply to prevent the use of the land on the south side of Ash
Street through to Murray Street, designated R5B and numbered 558 on Sheet C5 of
Schedule "A", as amended, or the use and conversion of the building which existed
prior to the passing of this by-law for an apartment dwelling providing not more than
25 dwelling units or the use of the land and the erection and use of any buildings or
structures thereon for on-street townhouse dwellings, except in compliance with By-
law No. 2001-266.
2001-213
19.1.560
Repealed by By-law No. 2005-170.
2001-223
19.1.562
None of the provisions of subsections 4.19.1(a) and 8.6.2(i) of By-law No. 79-200, as
amended, shall apply to the extent to require the owner or occupant of the hotel on the
southeast corner of the intersection of Fallsview Boulevard and Portage Road,
designated TC and numbered 512 and 562 on Sheet D5 of Schedule "A", as
amended, to provide and maintain all of the required parking on the same land, except
in compliance with By-law No. 2001-223.
2001-218
19.1.563
Notwithstanding sections 8.1.1 and 4.27.1 and subsections 8.1.2(b), (c), (d), (e), (f)
and (h) and in addition to the provisions contained in section 8.1.2 of By-law No. 79-
200, as amended, no person shall use the land on the northwest corner of the
intersection of Drummond Road and Morrison Street, designated NC and numbered
563 on Sheet C3 of Schedule "A", as amended, or erect or use any building or
structure thereon for any purpose except for one or more offices and except in
compliance with By-law No. 2001-218.2001-214
19.1.564
Notwithstanding the provisions of section 12. 1 and subsections 12.2 (a), (b) and (d),
and in addition to the provisions contained in section 12.2 of By-law No. 79-200, as
amended, no person shall use the land on the west side of Garner Road, south of
Lundy's Lane, designated A and numbered 564 on Sheet A5 of Schedule "A", as
amended, or erect or use any buildings or structures thereon for any purpose except a
detached dwelling and accessory buildings and structures and, except in compliance
with By-law No. 2001-214.
2001-214
2001-214
19.1.565
(a) Notwithstanding the provisions of subsections 12.1 (a) and (c) of By-law No. 79-
200, as amended, no person shall use the building, which existed prior to the passage
of this by-law, for hatching, breeding, raising, keeping or marketing any livestock, on
the land on the west side of Garner Road, south of Lundy's Lane, designated A and
numbered 565 on Sheet A5 of Schedule "A", as amended, except in compliance with
By-law No. 2001-214.
(b) None of the provisions of subsection 12.2 (d) of By-law No. 79-200, as amended,
shall apply to prevent the building, which existed prior to the passage of this by-law,
on the land on the west side of Garner Road, south of Lundy's Lane, designated A
and numbered 565 on Sheet A5 of Schedule "A", as amended, from having a
minimum north side yard width of 7.5 metres, except in compliance with By-law No.
2001-214.
2001-256
19.1.566
None of the provisions of section 8.8.1 of By-law No. 79-200, as amended, shall apply
to prevent one of the dwelling units within the existing three-unit dwelling situated on
the land on the south side of McGrail Avenue, designated DTC and numbered 566 on
Sheet D4 of Schedule "A", as amended, from being used as a tourist home containing
not more than three rooms for tourists, except in compliance with By-law No. 2001-
256.
2001-254
19.1.567
Notwithstanding the provisions of subsection 4.19.1 (c), section 7.9.1 and subsections
7.9.2 (a), (b), (d), (e), (g) and (m) and 7.9.3 (c) (iii) and in addition to the regulations
contained in section 7.9.2 of By-law No. 79-200, as amended, no person shall use the
land on the west side of Drummond Road designated R4 and numbered 567 on Sheet
C4 of Schedule "A", as amended, or erect or use any building or structure for any
purpose except for group dwellings, and except in compliance with By-law No. 2001-
254.2001-265
2001-265
2020-98
19.1.568
Repealed by By-law No. 2020-98.
2005-14
19.1.569
None of the provisions of subsection 4.19.1(a), 8.6.2 (b), (c), (e), and (g) of By-law No.
79-200, as amended, shall apply to prevent the use of the land on the northeast
corner of Murray Street and Allendale Avenue designated TC and numbered 569 on
Sheet D5 of Schedule "A", as amended, or the erection and use of any building or
structure thereon for a 5-storey hotel having a height not exceeding 18 metres and
none of the provisions of subsection 4.19.1(a) of By-law No. 79-200, as amended,
shall apply to the extent to require the owner or occupant of such hotel to provide and
maintain all of the required parking spaces on the same land as the hotel. The owner
or occupant of such building or structure shall provide and maintain a parking area on
the south side of Main Street, through to Murray Street, designated P and numbered
569 on Sheet C5 of Schedule "A", as amended, containing all of the required parking
spaces which cannot be provided on the land designated TC and renumbered 569
and notwithstanding the provisions of Section 17.1 and subsection 17.2 (g) of By-law
No. 79-200, as amended, no person shall use the land on the south side of Main
Street, through to Murray Street, designated P and numbered 569 on Sheet C5 of
Schedule "A", as amended, for any purpose other than for required parking, in
compliance with By-law No. 2005-14.
2002-18
19.1.570
None of the provisions of Table 1 of subsection 4.19.1(a) and section 11.2.1 of By-law
No. 79-200, as amended, shall apply to prevent the use of the land on the south-west
corner of Swayze Drive and Stanley Avenue, designated LI and numbered 570 on
Sheet C1 of Schedule "A", as amended, or the erection and use of any buildings or
structures thereon for a recreational use, except in compliance with By-law No. 2002-
18.
2002-46
19.1.571
None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply
to prevent the existing dwelling located on the north side of Culp Street, designated
R2 and numbered 571 on Sheets C4 and C5 of Schedule "A", as amended, from
being used as a tourist home containing not more than two rooms for tourists, except
in compliance with By-law No. 2002-46.
2002-143
19.1.572
None of the provisions contained within the definition "hotel" and subsections 8.6.2 (b),
(c), (d) and (g) of By-law No. 79-200, as amended, shall apply to prevent the use of
the land on the north side of Ferry Street, through to Spring Street and Stanley
Avenue, designated TC and numbered 75 and 572, in part and designated TC and
numbered 572 in part, or the erection or use of any building thereon for a hotel having
a height not exceeding 21 metres and up to 6 storeys, except in compliance with By-
law No. 2002-143.
2002-63 19.1.573
None of the provisions of section 7.11.1 of By-law No. 79-200, as amended shall apply
to prevent the dwelling, which existed prior to the passage of this by-law, on the land
on the north side of Dunn Street, designated R5B and numbered 573 on Sheet C5 of
Schedule "A", as amended, from being used as a tourist home containing not more
than four rooms for tourists, except in compliance with By-law No. 2002-63.
2002-106
19.1.574
None of the provisions of subsection 4.19.3(a)(ii) and section 7.7.1 of By-law No. 79-
200, as amended, shall apply to prevent the existing dwelling on the west side of
Zimmerman Avenue, designated R2 and numbered 574 on Sheet D3 of Schedule "A",
as amended, from being used as a tourist home containing not more than four rooms
for tourists, except in compliance with By-law No. 2002-106.
2002-090
19.1.575
None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply
to prevent the existing dwelling located on the south side of Ellis Street, designated R2
and numbered 575 on Sheet D3 of Schedule "A", as amended, from being used as a
tourist home containing not more than two rooms for tourists, except in compliance
with By-law No. 2002-090.
2002-078
19.1.576
None of the provisions of section 11.2.1 of By-law No. 79-200, as amended, shall
apply to prevent the use of the land on the east side of Oakwood Drive, north of
McLeod Road, designated LI and numbered 576 on Sheets B5 and C5 of Schedule
"A", as amended, or the erection and use of any buildings or structures thereon for a
recreational use, except in compliance with By-law No. 2002-078.2002-091
19.1.577
Notwithstanding the provisions of sections 4.13 and 4.14 and subsection 7.2.2(b) and
in addition to the requirements contained in section 7.2.2 of By-law No. 79-200, as
amended, no person shall use the land on the south west corner of Cardinal Drive and
Mount Carmel Boulevard designated R1B and numbered 577 on Sheet B3 of
Schedule "A", as amended, or erect or use any buildings or structures except in
compliance with By-law No. 2002-091.
2002-110
19.1.578
(a) None of the provisions of subsection 4.19.1(a), sections 4.27.1 and 8.6.1 and
subsections 8.6.2(b), (c), (d) and (g) of By-law No. 79-200, as amended, shall apply to
prevent the use of the land on the west side of Stanley Avenue through to Main Street,
designated TC and numbered 578 on Sheet D5 of Schedule "A", as amended, or the
erection and use of any building or structure thereon for a mechanical amusement ride
or to require all of the required parking spaces to be provided and maintained on the
same land, except in compliance with By-law No. 2002-110
b) Notwithstanding the provisions of subsection 17.2(g) of By-law No. 79-200, as
amended, no person shall use the land on the south side of Main Street, through to
Murray Street, designated P and numbered 578 on Sheet C5 of Schedule "A", as
amended, for a parking lot, except in compliance with By-law No. 2002-110.
2002-112
19.1.579
None of the provisions of subsection 4.19.1(a), 4.27.1(d), 8.6.2(a), (b), (d) and (g) of
By-law No. 79-200, as amended, shall apply to prevent the use of the land on the west
side of Fallsview Boulevard through to Stanley Avenue designated TC and numbered
579 on Sheet D4 of Schedule "A", as amended, or the erection or use of any building
or structure thereon for a hotel having a height more than 12 metres, but not
exceeding 107 metres, as measured from Geodetic Elevation 192 metres or 29
storeys, to require the owner or occupant of such hotel to provide and maintain all of
the required parking spaces on the same land as the hotel. Notwithstanding the
provisions of subsection 17.2(g) of By-law No. 79-200, as amended, no person shall
use the lands on the west side of Fallsview Boulevard designated P and numbered
579 on Sheet D4 of Schedule "A", as amended, for any purpose except to provide
those required parking spaces which cannot be provided on the same lands as the
hotel, and all except in compliance with By-law No. 2002-112.
2002-113
19.1.580
Notwithstanding the provisions of section 4.27.1 and subsections 7.5.2(d), (f) and (i),
and in addition to the regulations contained in section 7.5.2 of By-law No. 79-200, as
amended, no person shall use the land on the west side of Kalar Road, north of
Lundy's Lane, designated R1E and numbered 580 on Sheet B4 of Schedule "A", as
amended, or erect or use any buildings or structures thereon, except in compliance
with By-law No. 2002-113.
2002-113
19.1.581
Notwithstanding the provisions of sections 4.27.1 and 7.9.1 and clauses (a), (c), (d)
and (e) of section 7.9.2 of By-law No. 79-200, no person shall use the land on the
west side of Kalar Road, north of Lundy's Lane, designated R4 and numbered 581 on
Sheet B4 of Schedule "A", or erect or use any building or structure thereon, except for
the purpose of a townhouse dwelling and accessory buildings and accessory
structures, and except in compliance with By-law No. 2002-113.
2002-115
19.1.582
None of the provisions of subsection 7.7.2(a)(ii) of By-law No. 79-200, as amended,
shall apply to prevent the use of the land on the south side of Delta Drive east of
Montrose Road designated R2 and numbered 582 on Sheet B5 of Schedule "A", as
amended, or the erection or use of a semi-detached dwelling thereon, except in
compliance with By-law No. 2002-115.
2002-119
19.1.583
Temporary use by-law no longer in effect as of June 18, 2005.
2002-130
19.1.584
In addition to the regulations contained in section 7.3.2 of By-law No. 79-200, as
amended, no person shall use the land on the east side of Kalar Road north of
Thorold Stone Road, designated R1C, in part and HL, in part and numbered 584 on
Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures
thereon, except in compliance with By-law No. 2002-130.
2002-136
19.1.585
None of the provisions of subsection 4.27.1, 8.6.2 (a), (b), (c), (d), (e), (g) and (h) of
By-law No. 79-200, as amended, shall apply to prevent the use of the land bounded
by Main Street, Stanley Avenue, Dixon Street and Dunn Street designated TC and
numbered 585 on Sheet D5 of Schedule "A", as amended, or the erection or use of
any building or structure thereon for a hotel having a height more than 12 metres, but
not exceeding 66 metres, or 23 storeys, whichever is less, except in compliance with
By-law No. 2002-136.
2002-135
19.1.587
Notwithstanding subsections 8.6.2 (b), (c), (d), (d), (f) and (g) of By-law No. 79-200, as
amended, no person shall use the land on the southeast corner of the intersection of
Fallsview Boulevard and Portage Road, designated TC and numbered 562 and 587
on Sheet D5 of Schedule "A", as amended, or erect or use any building or structure
thereon except for a hotel having a height of more than 12 metres but not exceeding
117 metres or 36 storeys, whichever is less, and except in compliance with By-law No.
2002-135.
2002-148
19.1.588
Refer to By-law No. 2002-148, as amended by By-law No. 2012-15.
2002-151
19.1.589
None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply
to prevent the land on the south side of Ferguson Street, designated R2 and
numbered 589 on Sheet D3 of Schedule "A", as amended, and a one detached
dwelling thereon from being used for the purpose of a Cottage Rental Dwelling, except
in compliance with By-law No. 2002-151.
2002-156
19.1.590
None of the provisions of subsection 4.19.1(a), 8.6.2(a), (c) and (g) of By-law No. 79-
200, as amended, shall apply to prevent the use of the land on the north side of Ferry
Street, designated GC and numbered 590 on Sheet C4 of Schedule "A", as amended,
or the erection and use of any building thereon having a height of more than 12
metres, or require all of the required parking spaces to be provided and maintained on
the same land, except in compliance with By-law No. 2002-156.
Notwithstanding the provisions of subsection 17.2(g) of By-law No. 79-200, as
amended, no person shall use the land on the south side of Spring Street designated
P and numbered 590 on Sheet C4 of Schedule "A", as amended, for any purpose
other than a parking lot containing all of the required parking spaces that cannot be
provided on the lands on the north side of Ferry Street, designated GC and numbered
590 and all except in compliance with By-law No. 2002-156.
2002-168
19.1.591
Notwithstanding the provisions of sections 2.29, 4.5, 4.13, 7.3.1 and 7.3.2 of By-law
No. 79-200, as amended, no person shall use the land on the north side of Clare
Crescent, west of a proposed street, west of Brookfield Avenue, designated R1C and
numbered 591 on Sheet C5 of Schedule "A", as amended, except in compliance with
By-law No. 2002-168.2002-168
19.1.592
Notwithstanding the provisions of subsection 7.3.2(c) of By-law No. 79-200, as
amended, no person shall use the land north of Clare Crescent, south of Lundy's
Lane, west of Brookfield Avenue and on the west side of a proposed street,
designated R1C and numbered 592 on Sheet C4 of Schedule "A", as amended, or
erect or use any buildings or structures thereon except in compliance with By-law No.
2002-168.
2002-180
19.1.593
None of the provisions of section 8.2.1 of By-law No. 79-200, as amended, shall apply
to prevent the buildings on the land on the west side of Victoria Avenue designated
GC and numbered 593 on Sheet D4 of Schedule "A", as amended, from being used
for the purpose of tourist homes, each containing not more than four rooms for
tourists, except in compliance with By-law No. 2002-180.
2002-208
19.1.594
Notwithstanding the provisions of section 7.9.1 and clauses (a), (b), (c), (d), (d), (g),
(h) and (m) of section 7.9.2 and in addition to the regulations contained in section
7.9.2 of By-law No. 79-200, no person shall use the land on the east side of Ailanthus
Avenue designated R4 and numbered 594 on Sheet C4 of Schedule "A", or erect or
use any building or structure thereon for any purpose except for an apartment
dwelling, and in compliance with By-law No. 2002-208.
2002-202
19.1.595
None of the provisions of subsections 8.6.2 (b), (c), (d) and (g) of By-law No. 79-200
shall apply to prevent the land on the south side of Robinson Street, designated TC
and numbered 595 on Sheets D4 and D5 of Schedule "A" from being used or the
erection or use of any building or structure thereon for a hotel having a height of more
than 12 metres, except in compliance with By-law No. 2002-202.
2002-113
19.1.596
None of the provisions of section 4.12 and subsection 8.7.2(c) of By-law No. 79-200,
as amended, shall apply to prevent a trailer camp site from being provided and
maintained on the land on the north side of Lundy's Lane, designated CE and
numbered 596 on Sheet B4 of Schedule "A", as amended, except in compliance with
By-law No. 2002-113.
2002-209
19.1.597
None of the provisions of clause (a) of section 4.19.1 and clause (j) of section 9.2 of
By-law No. 79-200, shall apply to prevent the use of the land on the northeast side of
Main Street, south of Lundy's Lane designated I and numbered 597 on Sheet C5 of
Schedule "A", as amended, or the erection or use of any buildings or structures
thereon for the purpose of a place of worship and a parish hall, except in compliance
with By-law No. 2002-209.
2002-210
19.1.599
(a) None of the provisions of clause (a) of sections 4.27.1, and clauses (b), (c), (d), (e),
(g) and (i) of section 8.6.2 of By-law No. 79-200, shall apply to prevent the land on the
northeast corner of Fallsview Boulevard and Portage Road, designated TC and
numbered 599 on Sheet D5 of Schedule "A", from being used or the erection or use of
any building or structure thereon for the purpose of a hotel having a height of more
than 12 metres or to require the owner or occupant of such hotel to provide and
maintain all of the required parking on the same land as the hotel, except in
compliance with By-law No. 2002-210.
(b) Notwithstanding the provisions of section 17.1 and clauses (b), (d), (e), (f) and (g)
of section 17.2 of By-law No. 79-200, no person shall use the land on the north side of
Portage Road, designated P and numbered 599 on Sheet D5 of Schedule "A", or erect
or use any building or structure thereon, except for the purpose of a parking structure
containing all of the required parking spaces that cannot be provided on the land on
the northeast corner of Fallsview Boulevard and Portage Road, designated TC and
numbered 599 and except in compliance with By-law No. 2002-210.
2002-216
19.1.600
Temporary use by-law no longer in effect as of November 25, 2005.
2003-123
19.1.601
Notwithstanding the provisions of sections 2.20, 5.5 and 7.3.1 of By-law No. 79-200,
no person shall use the land on the north side of Main Street, through to Bridgewater
Street, designated R1C and numbered 601 on Sheet E6 of Schedule "A" or use a
detached dwelling thereon, for the purpose of a tourist home containing not more than
two bedrooms for tourists, except in compliance with By-law No. 2003-123.
2003-06
19.1.602
Notwithstanding the provisions of sections 4.27.1 and 9.1, clauses (a), (b), (c), (d), (f)
and (i) of section 9.2 and in addition to the regulations contained in section 9.2 of By-
law No. 79-200, no person shall use the land on the north side of McLeod Road, east
of Garner Road, designated I and numbered 602 on Sheets B5 and B6 of Schedule
"A", or erect or use any building or structure thereon for any purpose except for a
"Special Residence -Emergency and Temporary Care" and except in compliance with
By-law No. 2003-06.
2003-09
19.1.603
Temporary use by-law no longer in effect as of January 12, 2006.
2003-37
19.1.604
Repealed by By-law No. 2005-104.
2003-38
19.1.605
Notwithstanding the provisions of section 8.4.1 and clauses (a), (c), (d), (e), (g), (i),
and (j) of section 8.4.2 and in addition to the regulations contained in Table 1 of clause
(a) and section 4.19.1 and section 8.4.2 of By-law No. 79-200, no person shall use the
land on the south side of Morrison Street designated SC and numbered 605 on
Sheets B3, B4, C3 and C4 of Schedule "A", or erect or use any buildings or structures
thereon for any purpose except for free-standing or multiple groupings of retail stores
and accessory uses and except in compliance with By-law No. 2003-38.
2003-07
19.1.606
None of the provisions of section 4.27.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the north side of McLeod Road, east of Garner Road,
designated R1E and numbered 606 on Sheets B5 and B6 of Schedule "A", or the
erection or use of any building or structure thereon for the purpose of a detached
dwelling, accessory buildings and accessory structures, except in compliance with By-
law No. 2003-07.
2003-34
19.1.607
None of the provisions of section 7.15.1 and 7.15.2 of By-law No. 79-200, shall apply
to prevent the land on the south side of Huron Street, designated R5F and numbered
607 on Sheet D3 of Schedule "A", from being used for the purpose of the detached
dwelling and the accessory structure that exist on the date on which this by-law is
passed, except in compliance with By-law No. 2003 -34.
2003-36
19.1.608
Repealed by By-law No. 2003-95.
2003-61
19.1.609
Temporary use by-law no longer in effect as of March 31, 2006.
2003-61
19.1.610
Temporary use by-law no longer in effect as of March 31, 2006.
2003-
462004-
159
19.1.611
(a) None of the provisions of section 8.6.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the south side of Marineland Parkway, designated TC and
numbered 611 on Sheets D5 and D6 of Schedule "A" or the erection or use of any
buildings or structures thereon for the purpose of a golf clubhouse for the lands
designated OS and numbered 611 in part, and OS (H) and numbered 611 in part, and
except in compliance with By-law No. 2003-46.
(b) Notwithstanding the provisions of sections 14.1 and 14.2 of By-law No. 79-200, no
person shall use the land on the east side of Drummond Road, through to Ramsay
Road and Dorchester Road, designated OS and numbered 611 in part, and OS (H)
and numbered 611 in part, on Sheets D6, C6 and C7 of Schedule "A", or erect or use
any buildings or structures thereon for any purpose except for a golf course and
accessory uses and accessory buildings and structures, and except in compliance
with By-law No. 2003-46.
2003-46
19.1.612
None of the provisions of sections 14.1 and 14.2 of By-law No. 79-200 shall apply to
prevent the use of the land on the east side of Drummond Road, through to Ramsay
Road and Dorchester Road, designated OS and numbered 612 on Sheets C6 and C7
of Schedule "A", or the erection or use of any buildings or structures thereon for the
purpose of the uses listed in section 11.2.1 of By-law No. 79-200, save and except for
those uses in clauses (h), (j), (o), (t) and (u) of section 11.2.1 of By-law No. 79-200,
and except in compliance with the regulations in section 11.2.2 of By-law No. 79-200
and except in compliance with By-law No. 2003-46.
2003-75
19.1.613
Notwithstanding the provisions of section 4.17.1 and clause (d) of 4.27.1 and in
addition to the regulations contained in Section 8.2.2 of By-law 79-200, no person
shall use the land on the north side of Thorold Stone Road, east of Portage Road,
designated GC and numbered 613 on Sheet C3 of Schedule "A", or erect any
buildings or structure thereon for any purpose, except in compliance with By-law No.
2003-75.
2003-62
19.1.614
None of the provisions of section 7.4.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the east side of Montrose Road, designated R1D and numbered
614 on Sheet B5 of Schedule "A", or the erection or use of any building or structure
thereon for the purpose of a duplex dwelling or to prevent not more than one of the
dwelling units in the duplex dwelling from being used for the purpose of a tourist home
containing not more that three bedrooms for tourists, except in compliance with By-law
No. 2003-62.
2004-126
19.1.616
Repealed by By-law No. 2007-195.
2003-88
19.1.617
Repealed by By-law No. 2012-100.
2003-78
19.1.618
(a) Notwithstanding the provisions of clause (d) of section 7.3.2 of By-law No. 79-200,
no person shall use the land at the southwest end of Lyon's Parkway, east of Ort
Road, designated R1C and numbered 618 on Sheet D7 of Schedule "A", or erect or
use any building or structure thereon except in compliance with By-law No. 2003-78.
(b) None of the provisions of section 7.3.1 of By-law No. 79-200 shall apply to prevent
the use of the land at the southwest end of Lyon's Parkway, east of Ort Road,
designated R1C and numbered 618 on Sheet D7 of Schedule "A", or the use of a
detached dwelling thereon for the purpose of a tourist home containing not more than
two bedrooms for tourists, except in compliance with By-law No. 2003-78.
2003-95
19.1.619
(a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to
prevent the use of the land on the southeast corner of McLeod Road and Kalar Road,
designated LI and numbered 619 on Sheets B5 and B6 of Schedule "A", or the
erection or use of any buildings or structures thereon for the purpose of one
convenience store, one coffee shop, one personal service shop and one retail store,
except in compliance with By-law No. 2003-95.
(b) Notwithstanding the provisions of clause (f) of section 11.2.2 of By-law No. 79-200
no person shall use the land on the southeast corner of McLeod Road and Kalar
Road, designated LI and numbered 619 on Sheets B5 and B6 of Schedule "A", or
erect or use any buildings or structures thereon, except in compliance with By-law No.
2003-95.
2003-98
19.1.620
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the northwest corner of Second Avenue and Maple Street,
designated R2 and numbered 620 on Sheet D3 of Schedule "A", or the use of a
detached dwelling thereon, for the purpose of a tourist home containing not more than
three bedrooms for tourists, except in compliance with By-law No. 2003-98.
2003-102
19.1.621
None of the provisions of clause (a) of section 4.19.3 and section 7.5.1 of By-law No.
79-200 shall apply to prevent the use of the land on the northeast corner of Murray
Street and Pinegrove Avenue, designated R1E and numbered 621 on Sheet C5 of
Schedule "A", or the use of a detached dwelling thereon, for the purpose of a tourist
home containing not more than three bedrooms for tourists, except in compliance with
By-law No. 2003-102.
2003-121
19.1.622
(a) None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the east side of Portage Road, designated GC and numbered
622 on Sheet C3 of Schedule "A", or the erection or use of any buildings or structures
thereon for the purpose of a retirement home, except in compliance with By-law No.
2003-121.
(b) Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1 and
clauses (a), (b), (c), (d), (g) and (i) of section 8.2.2 of By-law No. 79-200, no person
shall use the land on the east side of Portage Road, designated GC and numbered
622 on Sheet C3 of Schedule "A", or erect or use any buildings or structures thereon
for the purpose of a retirement home, except in compliance with By-law No. 2003-121.
2003-116
19.1.623
Notwithstanding the provisions of subclause (iii) of clause (d) of section 12.1 and
clause (a) of section 12.2 of By-law No. 79-200, no person shall use the land on the
east side of Beechwood Road, south of Thorold Stone Road, shown hatched and
designated A and numbered 623 on Sheet A3 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2003-116.
2003-116
19.1.624
Notwithstanding the provisions of clause (a) of section 12.2 of By-law No. 79-200, no
person shall use the land on the east side of Beechwood Road, south of Thorold
Stone Road, shown hatched and designated A and numbered 624 on Sheet A3 of
Schedule "A", or erect or use any building or structure thereon, except in compliance
with By-law No. 2003-116.
2003-156
19.1.627
Notwithstanding the provisions of sections 4.27.1 and 7.11.1 and clauses (a), (b), (c),
(d), (e), (g), (h), (j) and (m) of section 7.11.2 of By-law No. 79-200, no person shall use
the land on the east side of Drummond Road, designated R5B and numbered 627 on
Sheet C5 of Schedule "A", or erect or use any buildings or structures thereon, except
for the purpose of two, three-storey apartment dwellings, one of which may contain
commercial uses permitted by section 8.1.1 of By-law No. 79-200, except in
compliance with By-law No. 2003-156.
2003-130
19.1.628
Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 7.7.1
and clauses (a), (b), (d), (e), (f), (g) and (k) of section 7.7.2 of By-law No.79-200, no
person shall use the land on the southwest corner of Terrace Avenue and Elgin Street,
designated R2 and numbered 628 on Sheet D3 of Schedule "A", or erect or use any
buildings or structures thereon, except for the purpose of an inn, which may include a
spa and except in compliance with By-law No. 2003-130.
2003-132
19.1.629
Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e) and
(f) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the
northwest corner of Drummond Road and Taylor Street, designated NC and
numbered 629 on Sheet C5 of Schedule "A", or erect or use any buildings or
structures thereon, except the building existing on the date this by-law is passed and
one additional building, and except in compliance with By-law No. 2003-132.
2003-131
19.1.630
Notwithstanding the provisions of clauses (a), (b), (c), (h) and (m) of section 7.11.2 of
By-law No. 79-200, no person shall use the land on the west side of Montrose Road,
south of Thorold Stone Road, designated R5B and numbered 630 on Sheet B3 of
Schedule "A", or erect or use any buildings or structures thereon, except in
compliance with By-law No. 2003-131.
2003-163
19.1.631
None of the provisions of clauses (f) and (g) of section 8.6.2 of By-law No. 79-200
shall apply to prevent the use of the land on the west side of Victoria Avenue,
designated TC and numbered 631 on Sheet D4 of Schedule "A", or the erection or use
of any buildings or structures thereon, except in compliance with By-law No. 2003-
163.2003-180. As amended by OMB order
19.1.632
Notwithstanding the provisions of section 14.1 of By-law No. 79-200, no person shall
use the land on the north and south sides of Roberts Street, east of Stanley Avenue,
designated OS and numbered 632 on Sheet D4 of Schedule "A", or erect or use any
buildings or structures thereon for any purpose, except in compliance with By-law No.
2003-180.
2003-143
19.1.633
Notwithstanding the provisions contained within the definition "townhouse dwelling",
and notwithstanding the provisions contained within the definition "group dwellings",
and notwithstanding section 7.9.1, clauses (a), (c), (d), (e), (g) and (m) of section 7.9.2
and clause (a) and subclause (iii) of clause (c) of section 7.9.3 of By-law No. 79-200,
no person shall use the land on the east side of Mears Crescent, designated R4 and
numbered 633 on Sheet E6 of Schedule "A", or erect or use any buildings or
structures thereon, except for the purpose of group dwellings, accessory buildings and
accessory structures, and except in compliance with By-law No. 2003-143.
2003-159
19.1.634
None of the provisions of sections 8.8.1 and 8.8.2 of By-law No. 79-200 shall apply to
prevent the land on the southwest corner of Slater Avenue and North Street,
designated DTC and numbered 634 on Sheet D4 of Schedule "A", or the use of the
existing building situated thereon, for the purpose of a contractor's or tradesman's
shop, except in compliance with By-law No. 2003-159.
2003-
1642018-
89
19.1.635
(a) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 and
clause (c) of section 2 and clause (c) of section 3 of By-law No. 99-104, shall apply to
the extent to require all of the required parking spaces for all of the permitted uses and
buildings and structures on the east side of Victoria Avenue, designated TC and
numbered 635 on Sheet D4 of Schedule "A", to be provided and maintained on the
same land or on the land on the east side of Victoria Avenue, through to Clark
Avenue, designated TC and numbered 478, except in compliance with By-law No.
2003-164;
(b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200, shall
apply to the extent to require all of the required parking spaces for all of the permitted
uses and the buildings and structures on the east side of Victoria Avenue through to
Clark Avenue, designated TC and numbered 635 on Sheet D4 of Schedule "A", to be
provided and maintained on the same land, except in compliance with By-law No.
2003-164;
(c) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200, shall
apply to the extent to require all of the required parking spaces for all of the permitted
uses and the buildings and structures on the southwest corner of Fallsview Boulevard
and Dixon Street, through to Main Street, designated TC and numbered 635 on Sheet
D5 of Schedule "A", to be provided and maintained on the same land, except in
compliance with By-law No. 2003-164;
(d) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 and
clause (a) of section 2 of By-law No. 2001-223, shall apply to the extent to require all
of the required parking spaces for all of the permitted uses and the buildings and
structures on the southeast corner of Fallsview Boulevard and Portage Road,
designated TC and numbered 635 on Sheet D5 of Schedule "A", to be provided and
maintained on the same land or on the land on the north side of Dunn Street
designated P and numbered 562, except in compliance with By-law No. 2003-164;
(e) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 and
clause (c) of section 2 of By-law No. 2000-103, shall apply to the extent to require all
of the required parking spaces for all of the permitted uses and the buildings and
structures on the east side of Fallsview Boulevard, designated TC and numbered 635
on Sheet D5 of Schedule "A", to be provided and maintained on the same land or on
the land on the southeast corner of Fallsview Boulevard and Portage Road,
designated TC and numbered 512 or on the land on the north side of Dunn Street,
designated P and numbered 511, except in compliance with By-law No. 2003-164;
(f) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200, shall
apply to the extent to require all of the required parking spaces for all of the permitted
uses and the buildings and structures on the land on the east side of Fallsview
Boulevard, designated TC and numbered 635 on Sheet D5 of Schedule "A", to be
provided and maintained on the same land, except in compliance with By-law No.
2003-164;
(g) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 shall
apply to the extent to require all of the required parking spaces for all of the permitted
uses and buildings and structures on the land on the north side of Dunn Street,
designated P and numbered 635, on Sheet D5 of Schedule "A", to be provided and
maintained on the land on the north side of Dunn Street, designated P and numbered
635, on Sheet D5 of Schedule "A", except in compliance with By-law No. 2003-16; and
(h) Notwithstanding the provisions of section 17.1 and 17.2 of By-law No. 79-200, no
person shall use the land on the south side of Dunn Street, designated P and
numbered 635 on Sheet C5 of Schedule "A", or erect or use any buildings or
structures thereon except for the purpose of a satellite parking lot and an accessory
administration/security/employee building, except in compliance with By-law No. 2003-
164.
2003-157
19.1.636
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the north side of Simcoe Street, west of Victoria Avenue,
designated R2 and numbered 636 on Sheet D4 of Schedule "A", or the use of a
detached dwelling thereon, for the purpose of a tourist home containing not more than
three bedrooms for tourists, except in compliance with By-law No. 2003-157.
2003-169
19.1.637
None of the provisions of clause (a) of section 4.19.1, section 8.6.1 and clause (i) of
section 8.6.2 of By-law No. 79-200 shall apply to prevent the use of the land on the
northwest corner of Fallsview Boulevard and Robinson Street, designated TC and
numbered 637 on Sheet D4 of Schedule "A", or the use of the existing building
situated thereon, for the purpose of a tattoo studio, except in compliance with By-law
No. 2003-169.
2003-186
19.1.638
None of the provisions of clause 19.1.31 of Section 19 of By-law No. 79-200 shall
apply to prevent the use of the land on the west side of Earl Thomas Avenue,
designated LI and numbered 638 on Sheet C6 of Schedule "A", or the use of a
building thereon, for the purpose of a used car lot, except in compliance with By-law
No. 2003-186.
2004-90
19.1.639
None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the north side of Lundy's Lane, designated A and numbered 639 on
Sheet A5 of Schedule "A", or the use of a detached dwelling thereon, for the purpose
of a tourist home containing not more than four bedrooms for tourists, except in
compliance with By-law No. 2004-90.
2003-191
19.1.640
None of the provisions of clause (d) of section 4.13 and clauses (a), (b), (e) and (h) of
section 7.8.2 of By-law No. 79-200 shall apply to prevent the use of the land on the
south side of Ellis Street, designated R3 and numbered 640 on Sheet D3 of Schedule
"A", or the existing dwelling thereon, for the purpose of a triplex dwelling and the
existing accessory building thereon, for the purpose of a private garage, except in
compliance with By-law No. 2003-191.
2003-198
19.1.641
None of the provisions of section 8.1.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the north side of Thorold Stone Road, designated NC and
numbered 641 on Sheet C3 of Schedule "A", or the use of any building or structure
thereon, for the purpose of a day nursery, except in compliance with By-law No. 2003-
198.
2003-203
19.1.642
Notwithstanding the provisions of section 11.2.1 and clauses (b), (c), (d), (e), (f) and (j)
of section 11.2.2 of By-law No. 79-200, no person shall use the land at the northwest
corner of Stanley Avenue and Fruitbelt Parkway, designated LI and numbered 642 on
Sheet C1 of Schedule "A", or erect or use any buildings or structures thereon, for the
purpose of a waste vehicle storage compound, except in compliance with By-law No.
2003-203.
2004-112
2015-56
19.1.643
Repealed by By-law No. 2015-56.
2003-204
2020-06
19.1.644
Repealed by By-law No. 2020-06.
2004-17
19.1.645
None of the provisions contained within the definition "hotel", and clause (a) of section
4.27.1 and clauses (a), (b), (c), (d) and (g) of section 8.6.2 of By-law No. 79-200 shall
apply to prevent the use of the land on the east side of Stanley Avenue, through to
Fallsview Boulevard and Robinson Street, designated TC and numbered 645 on
Sheets D4 and D5 of Schedule "A", or the erection or use of any buildings or
structures thereon for the purpose of a hotel, having building heights greater than 12
metres, except in compliance with By-law No. 2004-17.
2004-34
19.1.646
None of the provisions of sections 2.31, 2.56.1, 2.56.2, 4.11 and 4.27.1, clauses (a),
(b) and (c) of section 7.9.1 and sections 7.9.2 and 7.9.3 of By-law No. 79-200 shall
apply to prevent the use of the land on the east side of Kalar Road, north of Costabile
Drive, designated R4 and numbered 646 on Sheet B3 of Schedule "A", or the erection
or use of any buildings or structures thereon for the purpose of a maximum of 6 semi-
detached dwellings and a detached dwelling, except in compliance with By-law No.
2004-34.
2004-46
19.1.647
Notwithstanding the provisions of section 14.1 and clause (a) and subclauses (b)(i),
(iii), (iv), (vi), (viii) and (ix) of section 14.2 of By-law No. 79-200, no person shall use
the land on the west side of Garner Road, through to Beechwood Road, designated
OS and numbered 647 on Sheet A5 of Schedule "A", or erect or use any buildings or
structures thereon for any purpose except for a golf course, golf driving range and
accessory uses and accessory buildings or structures, and except in compliance with
By-law No. 2004-46.
2004-46
19.1.648
None of the provisions of section 12.1 and clauses (a), (b) and (d) of section 12.2 of
By-law No. 79-200 shall apply to prevent the use of the land on the west side of
Garner Road, designated A and numbered 648 on Sheet A5 of Schedule "A", or the
use of a detached dwelling thereon for the purpose of a cottage rental dwelling, except
in compliance with By-law No. 2004-46.
2004-46
19.1.649
None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the west side of Garner Road, designated A and numbered 649 on
Sheet A5 of Schedule "A", or the use of a detached dwelling thereon for the purpose
of a cottage rental dwelling, except in compliance with By-law No. 2004-46.
2004-45
19.1.651
Notwithstanding the provisions of clause (i) of section 7.5.2 and in addition to the
regulations contained in section 7.5.2 of By-law No. 79-200, no person shall use the
land on the south side of Feren Drive, west of Kalar Road and north of Lundy's Lane,
designated R1E and numbered 651 on Sheet B4 of Schedule "A", or erect or use any
buildings or structures thereon, except in compliance with By-law No. 2004-45.
2004-45
19.1.652
Notwithstanding the provisions of clauses (a), (b), (c), (g) and (i) of section 7.5.2 and in
addition to the regulations contained in section 7.5.2 of By-law No. 79-200, no person
shall use the land south of Feren Drive, west of Kalar Road and north of Lundy's Lane,
designated R1E and numbered 652 on Sheet B4 of Schedule "A", or erect or use any
buildings or structures thereon, except in compliance with By-law No. 2004-45.
2005-93
19.1.653
Notwithstanding the provisions of sections 2.22, 2.31 and 8.4.1 and clauses (b), (i)
and (j) of section 8.4.2 and in addition to the regulations contained in Table 1 of clause
(a) of section 4.19.1 and the remaining clauses of section 8.4.2 of By-law No. 79-200,
no person shall use the land on the northwest corner of McLeod Road and Montrose
Road designated SC and numbered 653 on Sheet B5 of Schedule "A", or erect or use
any building or structure thereon for any purpose except one warehouse membership
club, one supermarket, and one or more of the following uses: commercial services,
community building, recreational uses, restaurant and retail store, excluding a
department store, and except in compliance with By-law No. 2005-93.
2005-198
2012-42
2017-58
2018-75
19.1.654
Refer to By-law No. 2018-75.
2005-198
2018-75
19.1.655
Refer to By-law No. 2018-75.
2004-84
19.1.656
None of the provisions of section 7.16.1 and clause (a) of section 7.16.2 of By-law No.
79-200 shall apply to prevent the use of the land on the southwest corner of
Drummond Road and Barker Street, designated TRM and numbered 656 on Sheet C4
of Schedule "A", or the use of the existing building thereon, for the purposes of not
more than two offices and one dwelling unit, except in compliance with By-law No.
2004-84.2004-72
19.1.657
Notwithstanding the provisions of section 4.17.1, clause (d) of section 4.27.1 and
clauses (a), (b), (c), (d), (e), (f), (g) and (m) of section 7.11.2 of By-law No.79-200, no
person shall use the land on the northwest corner of Main Street and Oliver Street,
designated R5B and numbered 657 on Sheet E6 on Schedule "A" or erect or use any
buildings or structures thereon, except in compliance with By-law No. 2004-72.
2004-73
2020-45
19.1.658
Repealed by By-law No. 2020-45.
2004-81
19.1.659
None of the provisions of section 7.7.1 of By-law 79-200 shall apply to prevent the use
of the land on the south side of Maitland Street, west of Leonard Street, designated
R2 and numbered 659 on Sheet C4 of Schedule "A", or the use of a detached dwelling
thereon, for the purpose of a tourist home containing not more than three bedrooms
for tourists, except in compliance with By-law No. 2004-81.
2004-82
19.1.660
None of the provisions of sections 4.27.1 and 8.9.1 and clauses (e), (f), (g), (h) and (i)
of section 8.9.3 of By-law No. 79-200 shall apply to prevent the use of the land on the
southeast corner of Thorold Stone Road and Dorchester Road, designated AS and
numbered 660 on Sheet C3 of Schedule "A", or the erection or use of any buildings or
structures thereon for the purposes of a gasoline bar and an accessory retail store,
except in compliance with By-law No. 2004-82.
2004-96
19.1.661
Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e), (h)
and (m) of section 7.10.2 of By-law No. 79-200, no person shall use the land on the
east side of Dorchester Road, designated R5A and numbered 661 on Sheet C5 of
Schedule "A", or erect or use any buildings or structures thereon for the purpose of an
apartment dwelling, except in compliance with By-law No. 2004-96.
2006-106
19.1.662
None of the provisions of clause (c) of section 10.5 of By-law No. 79-200 shall apply to
prevent the use of the land on the southwest corner of Montrose Road and Chippawa
Creek Road, designated PI and numbered 662 on Sheet B7 of Schedule "A", or the
use of a building thereon for the purpose of a hotel and a body-rub parlour, except in
compliance with By-law No. 2006-106.
2004-117
19.1.663
Temporary use by-law no longer in effect as of June 13, 2006.
2004-133
19.1.664
None of the provisions of sections 12.1 and 12.2 of By-law No. 79-200 shall apply to
prevent the use of the land on the east side of Garner Road, designated A and
numbered 664 on Sheets A3 and A4 of Schedule "A", or the erection or use of any
buildings or structures thereon, in accordance with the provisions contained in section
13.1 and 13.2 of By-law No. 79-200, save and except for subclause (b)(i) of section
13.2 of By-law No. 79-200, except in compliance with By-law No. 2004-133.
2004-123
19.1.665
Notwithstanding the provisions of section 4.17.1 , Table 1 of clause (a) of section
4.19.1, section 11.3.1 and clauses (a), (b), (c), (d), (f), (g), (h), (i), (j) and (m) of section
11.3.2 of By-law No.79-200, no person shall use the land on the east side of Sinnicks
Avenue, designated GI and numbered 665 on Sheet C3 of Schedule "A", or erect or
use any building or structure thereon, except for the purpose of an indoor recreational
facility and except in compliance with By-law No. 2004-123.
2004-137
19.1.666
None of the provisions of clause (a) of section 4.27.1 and subclauses (b)(i), (b)(ii),
(b)(iii), (b)(iv) and (b)(vii) of section 14.2 of By-law No. 79-200 shall apply to prevent
the use of the land on the west side of Kalar Road, designated OS and numbered 666
on Sheet B5 of Schedule "A", or the erection or use of any building or structure
thereon, for the purpose of indoor soccer, other similar recreational uses and ancillary
uses, except in compliance with By-law No. 2004-137.
2004-216
19.1.667
(a) None of the provisions contained within the definition "hotel" of By-law No. 79-200
shall apply to prevent the use of the land on the northeast corner of Stanley Avenue
and Forsythe Street, designated TC and numbered 667 on Sheet D4 of Schedule "A",
or the erection or use of any building or structure thereon for the purpose of a hotel,
which does not provide a public dining room except in compliance with By-law No.
2004-216.(b) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c),
(d), (e), and (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land on
the northeast corner of Stanley Avenue and Forsythe Street, designated TC and
numbered 667 on Sheet D4 of Schedule "A", or erect or use any building or structure
thereon, having a building height greater than 12 metres, except in compliance with
By-law No. 2004-216.
2004-136
19.1.668
Notwithstanding the provisions of section 8.2.1. of By-law No. 79-200, no person shall
use the land on the north side of Virginia Street, designated GC and numbered 668 on
Sheet C3 of Schedule "A", or erect or use any buildings or structures thereon, except
for the purposes of a dwelling unit which may be located on the ground floor and those
uses listed in clauses (c), (h), (j), (l), (v), (x), (y), (bb), (hh) and (ii) of section 8.2.1 of
By-law No. 79-200, and except in compliance with By-law No. 2004-136.
2004-132
19.1.669
Repealed by By-law No. 2016-35.
2005-54
19.1.670
Notwithstanding the provisions of sections 2.44, 4.13 and 7.9.1 and clauses (a), (b),
(c), (d), (e), (g) and (m) of section 7.9.2 of By-law No. 79-200, no person shall use the
land on the north and west sides of Stanton Avenue, designated R4 and numbered
670 on Sheet D3 of Schedule "A", or erect or use any building or structure thereon,
except for the purposes of an apartment dwelling and an accessory building, and
except in compliance with By-law No. 2005-54.
2004-191
2005-136
19.1.671
(a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to
prevent the use of the land on the north side of Thorold Stone Road and west side of
Stanley Avenue, designated LI and numbered 671 on Sheets C2 and C3 of Schedule
"A", or the erection or use of any building or structure thereon, except in compliance
with By-law No. 2004-191.
(b) Notwithstanding the provisions of clause (g) of section 11.2.2 of By-law No. 79-
200, no person shall use the land on the north side of Thorold Stone Road and west
side of Stanley Avenue, designated LI and numbered 671 on Sheets C2 and C3 of
Schedule "A", or erect or use any building or structure thereon, except in compliance
with By-law No. 2004-191.
2004-163
19.1.672
Notwithstanding the provisions of section 11.2.1 and clause (j) of section 11.2.2 of By-
law No. 79-200, no person shall use the land on the east side of Kinsmen Court
designated LI and numbered 672 on Sheet B5 of Schedule "A", or erect or use any
building or structure thereon for the purposes of a warehouse, which may include a
retail store and a museum as accessory uses, except in compliance with By-law No.
2004-163.
2005-131
2009-03
19.1.674
Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section
4.19.1, and sections 7.9.1, 7.9.2 and 7.9.3 of By-law No. 79-200, no person shall use
the land on the east side of Montrose Road, designated R4 and numbered 674 on
Sheet B2 of Schedule "A", or erect or use any building or structure thereon, except for
the purpose of 75 townhouse dwelling units, with each townhouse dwelling containing
no more than 8 dwelling units, and except in compliance with By-law No. 2005-131.
2004-158
19.1.675
None of the provisions of section 7.15.1 and 7.15.2 of By-law No. 79-200, shall apply
to prevent the use of the land on the northwest corner of Morrison Street and Ontario
Avenue, designated R5F and numbered 675 on Sheet D3 of Schedule "A", or the use
of the two buildings existing thereon, on the date on which By-law No. 2004-158 is
passed, for the purpose of one 2-unit dwelling and one 3-unit dwelling, except in
compliance with By-law No. 2004 -158.
2004-157
19.1.676
No person shall use the land on the west side of Garner Road, north of Lundy's Lane,
designated EPA and numbered 676 on Sheet A4 of Schedule "A", for any purpose, or
permit any building or structure to be erected on the land or permit any soil, sand,
gravel, rubbish or other similar material to be placed or dumped, or remove any soil or
regrade any of the land, except for public services including walkways, except in
compliance with By-law No. 2004-157.
2004-157
19.1.677
None of the provisions of sections 4.13, 4.14 and 7.5.2 of By-law No. 79-200, shall
apply to permit a person to erect or use any building or structure, save and except for
a fence, on the land on the west side of Garner Road, north of Lundy's Lane,
designated R1E and numbered 677 on Sheet A4 of Schedule "A", except in
compliance with By-law No. 2004-157.
2004-183
19.1.678
Repealed by By-law No. 2008-13.
2004-192
19.1.679
Notwithstanding the provisions of sections 4.19.1, 4.27.1 and 8.6.1 and clause (i) of
section 8.6.2 of By-law No. 79-200, no person shall use the land on the southeast
corner of Stanley Avenue and Spring Street, designated TC and numbered 679 on
Sheet D4 of Schedule "A", or use the existing building thereon, for the purpose of a
tattoo studio or retail store on the first floor and one accessory dwelling unit on the
second floor, except in compliance with By-law No. 2004-192.
2004-187
19.1.680
Temporary use by-law no longer in effect as of October 18, 2007.
2004-209
19.1.683
None of the provisions of clause (h) of section 8.1.2 of By-law No. 79-200 shall apply
to prevent the use of the land on the southwest corner of Thorold Stone Road and
Confederation Avenue, designated NC and numbered 683 on Sheet C3 of Schedule
"A" or the use of the existing buildings thereon for the purpose of one or more of the
following uses: bake shop, bank, trust company, credit union, currency exchange,
clinic, office, personal service shop, retail store and service shop, except in
compliance with By-law No. 2004-209.
2004-210
19.1.684
Repealed by By-law No. 2009-86.
2005-44
19.1.685
Repealed by By-law No. 2008-131.
2004-230
19.1.687
Notwithstanding the provisions of clause (c) of section 7.3.2 of By-law No. 79-200, no
person shall use the land on the east side of Garner Road, north of McGarry Drive,
designated R1C and numbered 687 on Sheet B5 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2004-230.
2004-229
19.1.688
None of the provisions of section 4.13 and 4.14 and clauses (d), (e) and (f) of section
7.5.2 of By-law No. 79-200, shall apply to permit the placement of a detached dwelling
and/or an accessory building or accessory structure on the land east of Kalar Road,
northwest of the CN railway line and southwest of the proposed Highway 420
extension, designated R1E and numbered 688 on Sheet B4 of Schedule "A", except in
compliance with By-law No. 2004-229.
2005-35
19.1.690
Repealed by By-law No. 2008-109.
2005-12
19.1.691
None of the provisions of sections 2.42 and 8.6.1 By-law No.79-200 shall apply to
prevent the use of the land on the north side of Lundy's Lane, east of Kalar Road
designated TC and numbered 691 on Sheet B4 of Schedule "A", or the use or erection
of any building or structure thereon for the purpose of a billiard hall, except in
compliance with By-law No. 2005-12.
2005-11
19.1.693
None of the provisions of clauses (c) and (d) of section 8.2.2 of By-law No. 79-200
shall apply to prevent the use of the land on the northeast corner of Drummond Road
and Lundy's Lane, designated GC and numbered 693 on Sheet C4 of Schedule "A", or
the erection or use of any building or structure thereon, except in compliance with By-
law No. 2005-11.
2005-36
19.1.694
(a) Notwithstanding the provisions contained within the definition "lot" of By-law No.
79-200, the land on the west side of Kent Avenue, south of Gallinger Street,
designated LI and numbered 694 on Sheet B3 of Schedule "A" shall be considered
one lot.
(b) None of the provisions of clauses (d) and (f) of section 11.2.2 of By-law No. 79-
200, shall apply to prevent the use of land on the west side of Kent Avenue, south of
Gallinger Street, designated LI and numbered 694 on Sheet B3 of Schedule "A" or the
erection or use of a building or structure thereon, except in compliance with By-law
No. 2005-36.
2005-47
19.1.695
Notwithstanding the provisions of sections 16.1 and 16.2 of By-law No. 79-200, no
person shall use the land on the north side of Main Street, designated HL and
numbered 695 on Sheet D6 of Schedule "A" or erect or use any building or structure
thereon, for the purpose of a detached dwelling, except in compliance with By-law No.
2005-47.
2005-55
2005-196
2021-42
19.1.696
Refer to By-law No. 2021-42.
2005-55
2005-196
2011-118
19.1.697
Notwithstanding the provisions of sections 2.31, 4.27.1 and 8.2.1 and clauses (a), (b),
(c), (g) and (h) of section 8.2.2 of By-law No. 79-200 no person shall use the land on
the south side of McLeod Road, west of Alex Avenue, designated GC and numbered
697 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, for
the purpose of one or more of the uses allowed by clauses (a) to (o) inclusive, (q), (r)
and (t) to (pp) inclusive, of section 8.2.1 of By-law No. 79-200 as amended, except in
compliance with By-law No. 2005-55.
2005-43
19.1.698
(a) Notwithstanding the provisions of sections 4.27.1 and 5.7 and clauses (c) and (f) of
section 7.5.2 of By-law No. 79-200, no person shall use the land on the east side of
Stanley Avenue and north side of Portage Road, designated R1E and numbered 698
on Sheets C1 and C2 of Schedule "A", or erect or use any building or structure
thereon, except in compliance with By-law No. 2005-43.
(b) None of the provisions of section 4.19.3 of By-law No. 79-200 shall apply to
prevent the construction of driveways and turnaround areas on the land on the east
side of Stanley Avenue, north of Portage Road, designated R1E and numbered 698
on Sheets C1 and C2 of Schedule "A", except in compliance with By-law No. 2005-43.
2005-33
19.1.699
Notwithstanding the provisions of sections 2.31.8 and 4.19.3 and clauses (b), (c), (d)
and (e) of section 7.4.2 and in addition to the regulations contained in section 7.4.2 of
By-law No. 79-200, no person shall use the land on the south side of Graham Street,
west of Delta Drive, designated R1D and numbered 699 on Sheet B5 of Schedule "A",
or erect or use any building or structure thereon, except in compliance with By-law No.
2005-33.
2005-33
19.1.700
Notwithstanding the provisions of clauses (c), (d) and (e) of section 7.4.2 and in
addition to the regulations contained in section 7.4.2 of By-law No. 79-200, no person
shall use the land on the south side of Graham Street, west of Delta Drive, designated
R1D and numbered 700 on Sheet B5 of Schedule "A", except in compliance with By-
law No. 2005-33.
2010-99
19.1.701
Refer to By-law No. 2010-99.
2005-104
19.1.702
Notwithstanding the provisions of sections 2.22, 2.31 and 8.4.1 and clauses (a), (c),
(d), (e), (f), (g), (i) and (j) of section 8.4.2 and in addition to the regulations contained
in section 8.4.2 of By-law No. 79-200, no person shall use the land on the southwest
corner of Morrison Street and Dorchester Road designated SC and numbered 702 on
Sheets C3 and C4 of Schedule "A", or erect or use any building or structure thereon
for any purpose except one or more of the following uses: bank, trust company, credit
union, currency exchange, clinic, health centre, office, personal service shop,
photographer's studio, place of entertainment, restaurant, retail store (which shall not
include a supermarket), service shop, veterinarian's office, and beer, wine or liquor
store, and except in compliance with By-law No. 2005-104.
2005-103
19.1.703
Notwithstanding the provisions of 2.22, 2.31.5, 2.31.8, 2.65.2, 4.27.1 and 8.4.1 and
clauses (a), (b), (c), (d), (e), (f), (i), (j), and (k) of section 8.4.2 and in addition to the
regulations contained in Table 1 of clause (a) of section 4.19.1 and the remaining
clauses of section 8.4.2 of By-law No. 79-200, no person shall use the land within the
northwest quadrant of Dorchester Road and Highway 420 designated SC(H) and
numbered 703 on Sheet C4 of Schedule "A", or erect or use any building or structure
thereon for any purpose except one supermarket and one or more of the following
uses: commercial services, car wash, gasoline bar and retail store, except in
compliance with By-law No. 2005-103.
2005-100 19.1.704
Notwithstanding the provisions of sections 2.31, 4.17.1, 7.9.1, 7.9.2 and 7.9.3 of By-
law No. 79-200, no person shall use the land on the west side of Montrose Road,
south of Gallinger Street, designated R4 and numbered 704 on Sheet B3 of Schedule
"A" or erect or use any building or structure thereon, except for the purpose of
townhouse dwellings, with each containing no more than 8 dwelling units, and one
accessory building, and except in compliance with By-law No. 2005-100.
2005-74
19.1.706
None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the west side of Kent Avenue, south of Morrison Street,
designated LI and numbered 706 on Sheets B3 and B4 of Schedule "A", or the
erection or use of one building or structure thereon, for the purpose of a dance studio
with a maximum floor area of 350 square metres, except in compliance with By-law
No. 2005-74.
2005-65
19.1.707
Notwithstanding the provisions contained within the definition "rear lot line" of By-law
No. 79-200, no person shall use the land on the east side of Garner Road, north of
McGarry Drive, designated R1E and numbered 707 on Sheet B5 of Schedule "A", or
erect or use any building or structure thereon, except in compliance with By-law No.
2005-65.
2005-65
19.1.708
No person shall use the land east of Garner Road and north of McGarry Drive,
designated EPA and numbered 708 on Sheet B5 of Schedule "A", except in
compliance with By-law No. 2005-65.
2005-84
19.1.709
(a) Notwithstanding the provisions of clause (c) of section 4.19.1, and subclauses
(a)(ii) and (a)(iii), clause (c), subclause (e)(ii) and clause (g) of section 7.8.2, and in
addition to the regulations contained in section 7.8.2 of By-law No. 79-200, no person
shall use the land east of Garner Road, north of Westport Drive and on the south side
of the hydro corridor, designated R3 and numbered 709 on Sheet B5 of Schedule "A",
or erect or use any building or structure thereon, except in compliance with By-law No.
2005-84.
(b) None of the provisions of clauses (c) and (d) of section 4.13, clause (d) of section
4.14 and subclause (e)(i) of section 7.8.2 of By-law No. 79-200 shall apply to permit
the placement of an accessory building, accessory structure or a dwelling on the land
east of Garner Road, north of Westport Drive and on the south side of the hydro
corridor, designated R3 and numbered 709 on Sheet B5 of Schedule "A", except in
compliance with By-law No. 2005-84.
19.1.711
Repealed by By-law No. 2007-230.
2005-85
2006-62
19.1.712
(a) Notwithstanding the provisions contained within the definition "lot" and clause (g) of
section 8.6.2 of By-law No. 79-200, no person shall use the land on the southwest
corner of Bender Street and Falls Avenue, designated TC and numbered 712 on
Sheet D4 of Schedule "A", or erect or use any building or structure thereon, for the
purpose of an enclosed elevated pedestrian walkway, except in compliance with By-
law No. 2005-85.
(b) Notwithstanding the provisions contained within the definition "lot" and clause (g) of
section 8.6.2 of By-law No. 79-200, no person shall use the land on the southwest
corner of Bender Street and Falls Avenue, designated TC and numbered 712 on
Sheet D4 of Schedule "A", or erect or use any building or structure thereon, for the
purpose of a parking garage and an enclosed waterpark, except in compliance with
By-law No. 2005-85.
2005-108
19.1.713
None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the east side of Montrose Road, north of Morrison Street,
designated LI and numbered 713 on Sheet B3 of Schedule "A", or the erection or use
of one building or structure thereon, for the purpose of an indoor recreation facility with
a maximum floor area of 650 square metres, except in compliance with By-law No.
2005-108.
2005-120
2015-113
19.1.714
Refer to By-law No. 2015-113.
2005-188
19.1.716
None of the provisions contained within the definition "lot area", Table 1 of clause (a)
of section 4.19.1, section 8.6.1 and clause (g) of section 8.6.2 of By-law No. 79-200,
shall apply to prevent the use of the land located between Clifton Hill and Robinson
Street, west of Queen Victoria Park, designated TC and numbered 716, on Sheet D4
of Schedule "A", or the erection or use of any building or structure thereon, for the
purpose of a midway and amusement centre that may contain various indoor and
outdoor mechanical and electronic amusement rides and devices, except in
compliance with By-law No. 2005-188.
2005-188
2022-13
19.1.717
Refer to By-law No. 2022-13.
2006-18
19.1.718
(a) Notwithstanding the provisions contained within the definition "lot" of By-law No.
79-200, the land on the northeast corner of Montrose Road and Industrial Street,
designated LI and numbered 718 on Sheet B3 of Schedule "A" shall be considered
one lot.
(b) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to
prevent the use of the land on the northeast corner of Montrose Road and Industrial
Street, designated LI and numbered 718 on Sheet B3 of Schedule "A", or the erection
or use of any building or structure thereon, for the purpose of an establishment for
building material sales, except in compliance with By-law No. 2006-18.
(c) None of the provisions of clauses (c), (e) and (j) of section 11.2.2 of By-law No. 79-
200 shall apply to prevent the use of land on the northeast corner of Montrose Road
and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A" ,
or the erection or use of any building or structure thereon, except in compliance with
By-law No. 2006-18.
2005-155
19.1.720
Temporary use by-law no longer in effect as of September 20, 2008.
2005-122
19.1.722
None of the provisions of sections 2.42 and 8.6.1 of By-law No.79-200 shall apply to
prevent the use of the land on the north side of Lundy's Lane, east of Kalar Road,
designated TC and numbered 722 on Sheet B4 of Schedule "A", or the erection or use
of any building or structure thereon, for the purpose of a billiard hall, an office, a
medical clinic, a printing shop and a dry cleaning establishment, except in compliance
with By-law No. 2005-122.
2005-119
19.1.723
None of the provisions of sections 16.1 and 16.2 of By-law No. 79-200 shall apply to
prevent the use of part of the land on the east side of Montrose Road, north of Thorold
Stone Road, designated HL and numbered 723 on Sheet B3 of Schedule "A", for the
erection or use of a vehicular bridge, except in compliance with By-law No. 2005-119.
2005-119
19.1.724
(a) Notwithstanding the provisions of clauses (a), (b), (e), (g), (h), (i) and (j) of section
8.4.2 of By-law No. 79-200, no person shall use the land on the east side of Montrose
Road, north of Thorold Stone Road, designated SC and numbered 724 on Sheet B3 of
Schedule "A", or erect or use any building or structure thereon, except in compliance
with By-law No.2005-119.
(b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 shall
apply to require the owner or occupant of any building or structure on the land on the
east side of Montrose Road, north of Thorold Stone Road, designated SC and
numbered 724 on Sheet B3 of Schedule "A", to provide and maintain individual
parking spaces located on the same lot occupied by a building or structure, except in
compliance with By-law No. 2005-119.
2005-158
19.1.725
Notwithstanding the provisions of clause (d) of section 4.14, section 7.9.1, clause (a),
subclauses (c)(i) and (d)(i), and clauses (e), (g) and (h) of section 7.9.2 of By-law No.
79-200, no person shall use the land on the east side of Dorchester Road, south of
Imperial Court, designated R4 and numbered 725 on Sheet C5 of Schedule "A", or
erect or use any building or structure thereon, except for the purpose of not more than
6 townhouse dwelling units, and except in compliance with By-law No. 2005-158.
2005-170
2017-12
19.1.726
Repealed by By-law No. 2017-12.
2005-151
19.1.727
Notwithstanding the provisions of sections 4.10, 4.19.3, 7.5.1 and 7.5.2 of By-law No.
79-200, no person shall use the land on the west side of Drummond Road between
Murray Street and Corwin Crescent, designated R1E and numbered 727 on Sheet C5
of Schedule "A", or use any buildings or structures thereon, except for the purpose of
the existing triplex dwelling and the existing detached dwelling, and except in
compliance with By-law No. 2005-151.2005-175
19.1.728
(a) None of the provisions of section 8.6.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the southeast corner of Montrose Road and McLeod Road,
designated TC and numbered 728 on Sheets B5 and B6 of Schedule "A", or the
erection or use of any building or structure thereon, for the purpose of a new car
agency.
(b) Notwithstanding the provisions of clauses (a), (b), (d) and (e) of section 8.6.2 of By-
law No. 79-200, no person shall use the land on the southeast corner of Montrose
Road and McLeod Road, designated TC and numbered 728 on Sheets B5 and B6 of
Schedule "A", or erect or use any building or structure thereon, except in compliance
with By-law No. 2005-175.
2005-174
19.1.729
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the west side of Ontario Avenue, south of Otter Street, designated
R2 and numbered 729 on Sheet D4 of Schedule "A", or the use of the existing
detached dwelling thereon, for the purpose of a cottage rental dwelling, except in
compliance with By-law No. 2005-174.
2005-186
2010-07
19.1.731
(a) Notwithstanding the provisions of sections 4.27.1 and 9.1, and clauses (a), (b), (c),
(d) and (f) of section 9.2 of By-law No. 79-200, no person shall use the land on the
south side of McLeod Road, east of Garner Road, designated I and numbered 731 on
Sheet B6 of Schedule "A", or erect or use any building or structure thereon, except in
compliance with By-law No. 2005-186.
(b) None of the provisions of sections 4.13 and 4.14 of By-law No. 79-200 shall apply
to permit the placement of an accessory building or accessory structure on the land on
the south side of McLeod Road, east of Garner Road, designated I and numbered 731
on Sheet B6 of Schedule "A", except in compliance with By-law No. 2005-186.
2005-186
19.1.732
No person shall use the land south of McLeod Road, east of Garner Road, designated
EPA and numbered 732 on Sheet B6 of Schedule "A", except in compliance with By-
law No. 2005-186.
2005-209
19.1.733
Notwithstanding the provisions of clauses (a), (c), (d), (e) and (f) of section 7.7.2 of By-
law No. 79-200, no person shall use the land on the southeast corner of Delaware
Street and Dawlish Avenue, designated R2 and numbered 733 on Sheet C5 of
Schedule "A", or use the existing building thereon for the purpose of a semi-detached
dwelling, except in compliance with By-law No. 2005-209.
2006-15
19.1.734
Notwithstanding the provisions of sections 16.1 and 16.2 of By-law No. 79-200, no
person shall use the land on the north side of Bridgewater Street, being part of the
Oliver Street road allowance, designated HL and numbered 734 on Sheet E6 of
Schedule "A" or erect or use any buildings or structures thereon for the purpose of a
detached dwelling, except in compliance with By-law No. 2006-15.
2006-79
19.1.735
None of the provisions of sections 7.7.1 and 7.7.2 of By-law No. 79-200 shall apply to
prevent the use of the land on the south side of Ferguson Street, designated R2 and
numbered 735 on Sheet D3 of Schedule "A", or the use of the two existing buildings
thereon for two, detached dwellings, except in compliance with By-law No. 2006-79.
2006-17
19.1.736
Repealed by By-law No. 2007-60.
2006-16
19.1.737
None of the provisions of section 11.2.1 and clauses (d) and (j) of section 11.2.2 of
By-law No. 79-200 shall apply to prevent the use of the land located on the east side
of Montrose Road, opposite Preakness Street, designated LI and numbered 737 on
Sheet B4 of Schedule "A", or the use of the existing building thereon, for the purpose
of a retail store, for a period of up to three years from the date on which By-law No.
2006-16 is passed.
2006-24
19.1.738
(a) Notwithstanding the provisions contained within the definition "lot" of By-law No.
79-200, the land on the southeast corner of Thorold Stone Road and Carroll Avenue,
designated LI and numbered 738 on Sheet C3 of Schedule "A", shall be considered
one lot.
(b) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (f) and (j)
of section 11.2.2 of By-law No. 79-200, no person shall use the land located on the
southeast corner of Thorold Stone Road and Carroll Avenue, designated LI and
numbered 738 on Sheet C3 of Schedule "A", or erect or use any building or structure
thereon, except in compliance with By-law No. 2006-24.
2006-45
19.1.739
Notwithstanding the provisions of section 8.6.1, clauses (a), (b), (c), (d), (e) and (f) of
section 8.6.2 and sections 8.6.3 and 8.6.4 of By-law No. 79-200, no person shall use
the land located on the east side of Montrose Road, between Reixinger Road and
Lyon's Creek Road and shown hatched and designated TC(H) and numbered 739 on
Sheets B7, B8 and C7 of Schedule "A", or erect or use any building or structure
thereon, except in compliance with By-law No. 2006-45.
2006-45
19.1.740
Notwithstanding the provisions of clause (j) of section 11.1.2 of By-law No. 79-200, no
person shall use the land located on the south side of Reixinger Road, east of
Montrose Road and shown hatched and designated PI(H) and numbered 740 on
Sheets B7 and C7 of Schedule "A", or erect or use any building or structure thereon,
except in compliance with By-law No. 2006-45.
2006-45
19.1.741
No person shall use the land on the south side of Reixinger Road, east of Montrose
Road and shown hatched and designated EPA and numbered 741 on Sheets B7, B8
and C7 of Schedule "A", except in compliance with By-law No. 2006-45.
2006-51
19.1.742
(a) Notwithstanding the provisions contained within the definition "lot" of By-law No.
79-200, the land on the west side of Palmer Avenue through to McGlashan Crescent,
designated I and numbered 742 on Sheet D4 of Schedule "A", shall be considered one
lot.
(b) None of the provisions of section 9.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the west side of Palmer Avenue through to McGlashan
Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A", or the
erection or use of any building or structure thereon, for the purpose of a clinic, except
in compliance with By-law No. 2006-51.
(c) Notwithstanding the provisions of clauses (a), (b), (c), (d), (g) and (i) of section 9.2
of By-law No. 79-200, no person shall use the land on the west side of Palmer Avenue
through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of
Schedule "A", or erect or use any building or structure thereon, except in compliance
with By-law No. 2006-51.
2006-56
19.1.743
Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section
4.19.1, and in addition to the regulations contained in section 7.8.2 of By-law No. 79-
200, no person shall use the land on the west side of Kalar Road, south of Lundy's
Lane and on the north side of the hydro corridor, designated R3 and numbered 743 on
Sheet B5 of Schedule "A", except in compliance with By-law No. 2006-56.
2006-56
19.1.744
Notwithstanding the provisions of subclause (f)(i) of section 7.9.2, and in addition to
the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use
the land on the west side of Kalar Road, south of Lundy's Lane, designated R4 and
numbered 744 on Sheet B5 of Schedule "A", except in compliance with By-law No.
2006-56.
2006-56
19.1.745
No person shall use the land west of Kalar Road, south of Lundy's Lane, east of
Garner Road and north of the hydro corridor, designated EPA and numbered 745 on
Sheet B5 of Schedule "A", except in compliance with By-law No. 2006-56.
2006-93
2007-152
2021-07
19.1.746
Repealed by By-law No. 2021-07.
2006-91
19.1.747
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the southwest corner of Zimmerman Avenue and Huron Street,
designated R2 and numbered 747 on Sheet D3 of Schedule "A", or two detached
dwellings thereon, from being used for the purpose of cottage rental dwellings, except
in compliance with By-law No. 2006-91.
2006-92
19.1.748
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the north side of Ellis Street, east of St. Lawrence Avenue,
designated R2 and numbered 748 on Sheet D3 of Schedule "A", or the use of a
detached dwelling thereon, for the purpose of a tourist home containing not more than
three bedrooms for tourists, except in compliance with By-law No. 2006-92.
2006-130
19.1.749
Notwithstanding the provisions of sections 2.31, 7.9.1, 7.9.2 and 7.9.3 of By-law No.
79-200, no person shall use the land on the east side of Mewburn Road, designated
R4 and numbered 749 on Sheet B2 of Schedule "A" or erect or use any building or
structure thereon, except for the purpose of 2 on-street townhouse dwellings and 4
townhouse dwellings, each containing no more than 8 dwelling units, and accessory
buildings and structures, and except in compliance with By-law No. 2006- 130.
2006-159
19.1.750
Notwithstanding the provisions of sections 2.31 and 4.13, clause (f) of section 4.14,
clause (a) of section 4.19.1, section 9.1 and clauses (a), (b), (d), (e), (f), (i) and (j) of
section 9.2 of By-law No. 79-200, no person shall use the land on the northeast corner
of Dorchester Road and High Street, designated I and numbered 750 on Sheet C4 of
Schedule "A", or erect or use any building or structure thereon, except for the purpose
of a place of worship and one accessory building, but not a hospice, an emergency
shelter, a supervised residence, a soup kitchen or a private school, and except in
compliance with By-law No. 2006- 159.
2007-01
19.1.752
Repealed by By-law No. 2009-139.
2007-01
19.1.753
Repealed by By-law No. 2009-139.
2007-02
19.1.754
Repealed by By-law No. 2009-139.
2006-154
19.1.755
None of the provisions of section 7.3.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the southwest side of Main Street between Delaware Street and
Symmes Street, designated R1C and numbered 755 on Sheet C5 of Schedule "A", or
the use of a detached dwelling thereon, for the purpose of a tourist home containing
not more than three bedrooms for tourists, except in compliance with By-law No.
2006-154.
2006-146
19.1.756
Notwithstanding the provisions of clause (d) of section 4.14, section 5.7, clauses (a),
(b), (c), (d), (e), (g) and (h) of section 7.9.2 and section 7.9.3, and in addition to the
regulations contained in sections 7.9.1 and 7.9.2 of By-law No. 79-200, no person
shall use the land on the north side of O'Neil Street, between Dorchester Road and
Marion Avenue, designated R4 and numbered 756 on Sheet C2 of Schedule "A",
except for the purpose of 2 townhouse dwellings each containing a maximum of 4
dwelling units, and 2 detached dwellings, and accessory buildings and accessory
structures, and except in compliance with By-law No. 2006-146.
2006-155
19.1.757
None of the provisions of sections 8.2.1 and 8.2.2 of By-law No. 79-200, shall apply to
prevent the use of the land on the southwest corner of Bridgewater Street and Dock
Street, designated GC and numbered 757 on Sheet E6 of Schedule "A", or the
erection or use of any building or structure thereon, for the purpose of a detached
dwelling and accessory buildings and structures, except in compliance with By-law No.
2006-155.
2006-205
2013-49
2014-
1632015-
122
2017-137
19.1.760
Notwithstanding the provisions of clause (c) of section 4.19.1, clauses (c), (e) and (f)
of section 7.8.1, subclauses (a)(i), (a)(ii), (b)(i), (b)(ii), (b)(iii), (b)(iv) and (b)(v), clause
(c), subclauses (e)(i) and (e)(ii), and clauses (f), (g) and (h) of section 7.8.2, and in
addition to the regulations contained in section 7.8.2 of By-law No. 79-200, no person
shall use the land on the north side of Willick Road, west of Sodom Road and
southeast of Lyon's Parkway and Lyon's Creek Road, designated R3 and numbered
760, in part, and R3(H) and numbered 760, in part, on Sheet D7 of Schedule "A",
except in compliance with By-law No. 2006-205, as amended by By-law No. 2013-49
and By-law No. 2014-163.
2006-205
2015-21
19.1.761
In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no
person shall use the land west of Sodom Road and north of Willick Road, designated
R4 and numbered 761 on Sheet D7 of Schedule "A", except in compliance with By-law
No. 2006-205, as amended by By-law No. 2015-21.
2006-205
19.1.762
No person shall use the land west of Sodom Road, extending from Lyon's Creek Road
to Willick Road, designated EPA and numbered 762 on Sheet D7 of Schedule "A",
except in compliance with By-law No. 2006-205.
2006-192
19.1.766
(a) None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent
the use of land on the south side of Welland Street, across from Dock Street,
designated GC and numbered 766 on Sheet E6 of Schedule "A", or the erection or
use of any building or structure thereon for the purpose of a public self-storage, except
in compliance with By-law No. 2006-192.
(b) Notwithstanding the provisions of clause (d) of the section 8.2.2 of By-law No. 79-
200, no person shall use the land on the south side of Welland Street, across from
Dock Street, designated GC and numbered 766 on Sheet E6 of Schedule "A", or erect
or use any building or structure thereon for the purpose of a public self-storage, except
in compliance with By-law No. 2006-192.
2006-202
19.1.767
Notwithstanding the provisions contained within the definition "lot" and clauses (a), (b),
(c), (d), (e), (f), (g) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use
the land on the southwest corner of Preakness Street and Montrose Road, designated
NC and numbered 767 on Sheet B4 of Schedule "A", or erect or use any building or
structure thereon, except in compliance with By-law No. 2006-767.2007-21
19.1.768
Notwithstanding the provisions of sections 2.15, 2.31, 7.5.1 and clauses (a), (b), (c),
(d), (e) and (g) of section 7.5.2 of By-law No. 79-200, no person shall use the land on
the west side of Longhurst Avenue, designated R1E and numbered 768 on Sheet C3
of Schedule "A", or erect or use any building or structure thereon, except for the
purpose of a community building, and except in compliance with By-law No. 2007-21.
2007-61
19.1.769
Notwithstanding the provisions of section 8.2.1 and clauses (a), (b), (d) and (f) of
section 8.2.2 of By-law No. 79-200, no person shall use the land on the north side of
Kitchener Street east of Portage Road, designated GC and numbered 769 on Sheet
C4 of Schedule "A", or erect or use any building or structure thereon, except for the
purpose of a maximum of two offices for physicians, and except in compliance with
By-law No. 2007-61.
2007-51
19.1.770
Notwithstanding the provisions of sections 2.26, 2.31.8, 4.7, 9.1 and clauses (b), (c),
(d), (f), (h) and (i) of section 9.2 of By-law No. 79-200, no person shall use the land on
the north side of Second Avenue, designated I and numbered 770 on Sheet D4 of
Schedule "A", or erect or use any building or structure thereon, except for the purpose
of a place of worship and one ancillary dwelling unit, and except in compliance with
By-law No. 2007-51.
2007-60
19.1.771
Deleted by By-law No. 2012-84.
2007-40
19.1.772
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the west side of River Road, south of Otter Street, designated R2
and numbered 772 on Sheet D4 of Schedule "A", or a three unit dwelling thereon, from
being used for the purpose of three cottage rental dwellings, except in compliance with
By-law No. 2007-40.
2007-62
19.1.773
Notwithstanding the provisions of sections 2.31, 2.42, Table 1 of clause (a) of section
4.19.1 and sections 4.27.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no person shall use
the land on the southwest corner of Montrose and McLeod Roads, designated SC and
numbered 773 on Sheets B5 and B6 of Schedule "A", or erect or use any buildings or
structures thereon, except for one or more of the uses listed in section 8.4.1 of By-law
No. 79-200 and a pinball or electronic game machine establishment, and except in
compliance with By-law No. 2007-62.
19.1.774
Refer to By-law No. 2007-162.
19.1.775
Refer to By-law No. 2007-162.
19.1.776
Refer to By-law No. 2007-162.
19.1.777
Refer to By-law No. 2007-162.
2007-91
2019-66
19.1.778
Repealed by By-law No. 2019-66.
2007-90
2013-127
19.1.779
In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no
person shall use the land east of Garner Road, south of Lundy's Lane, designated R4
and numbered 779 on Sheet B5 of Schedule "A", or erect or use any building or
structure thereon, except in compliance with By-law No. 2007-90.
2007-90
19.1.780
No person shall use the land east of Garner Road, south of Lundy's Lane and north of
the hydro corridor, designated EPA and numbered 780 on Sheets A5 and B5 of
Schedule "A", except in compliance with By-law No. 2007-90.
2007-144
19.1.781
Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9, 7.13.1 and 7.13.2 of
By-law No. 79-200, no person shall use the land located on the west side of Stanley
Avenue, north of Portage Road, designated R5D(H) and numbered 781 on Sheets C1
and C2 of Schedule "A", or erect or use any building or structure thereon, except for
the purpose of apartment dwellings, townhouse dwellings, and accessory buildings
and accessory structures, and except in compliance with By-law No. 2007-144.
2007-144
19.1.782
Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9, 7.9.1, clauses (a), (b),
(c), (d) and (e) of section 7.9.2 and clause (c)(iii) of section 7.9.3 of By-law No. 79-200,
no person shall use the land located on the west side of Stanley Avenue, north of
Portage Road, designated R4(H) and numbered 782 on Sheets C1 and C2 of
Schedule "A", or the erect or use any building or structure thereon, except for the
purpose of townhouse dwellings, semi-detached dwellings, and accessory buildings
and accessory structures, and except in compliance with By-law No. 2007-144.
2007-144
19.1.783
No person shall use the land described in section 1 of this by-law and shown hatched
and designated PI(H) and numbered 783 on Sheet C1 of Schedule "A", or erect or use
any building or structure thereon, except in compliance with By-law No. 2007-144
2007-118
19.1.784
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the west side of River Road, south of Bampfield Street, designated
R2 and numbered 784 on Sheet D4 of Schedule "A", or the use of the existing
detached dwelling thereon, for the purpose of a cottage rental dwelling, except in
compliance with By-law No. 2007-118.
2007-119
19.1.785
None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the north side of Bampfield Street, designated R2 and numbered
785 on Sheet D4 of Schedule "A", or the use of the existing one detached dwelling
thereon, for the purpose of a cottage rental dwelling, except in compliance with By-law
No. 2007-119.
2007-154
19.1.786
Repealed by By-law No. 2012-80.
2007-130
19.1.787
None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the
use of the land on the south side of Lundy's Lane, west of Garner Road, designated A
and numbered 787 on Sheet A5 of Schedule "A", or the use of the existing detached
dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance
with By-law No. 2007-130.
2007-153
19.1.790
Notwithstanding the provisions of sections 4.27.1 and 8.9.1 and clauses (a), (d), (e),
(g), (h) and (j) of section 8.9.3 of By-law No. 79-200, no person shall use the land on
the northwest corner of Drummond Road and McLeod Road, designated AS and
numbered 790 on Sheet C5 of Schedule "A", or erect or use any building or structure
thereon, except for a gasoline bar and a retail store, and except in compliance with
By-law No. 2007-153.2007-206
19.1.791
Notwithstanding the provisions of section 4.10, clauses (b) and (d) of section 4.13,
clause (b) of section 4.19.1, section 7.8.1 and clauses (a), (b), (c), (e), (f) and (g) of
section 7.8.2 of By-law No. 79-200, no person shall use the land on the southwest
corner of Leader Lane and Hickson Avenue, designated R3 and numbered 791 on
Sheet D3 of Schedule "A", or erect or use any buildings or structures thereon, except
for the purpose of a triplex and accessory buildings and structures, and except in
compliance with By-law No. 2007-206.
2008-218
19.1.792
Refer to By-law No. 2008-218.
2007-232
19.1.793
(a) None of the provisions of section 8.1.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the south side of Dixon Street east of Drummond Road,
designated NC and numbered 793 on Sheet C5 of Schedule "A", or the erection or
use of any building or structure thereon, for the purpose of a health centre.
(b) Notwithstanding the provisions of section 4.16 and clauses (a), (b) and (c) of
section 8.1.2 of By-law No. 79-200, no person shall use the land on the south side of
Dixon Street east of Drummond Road, designated NC and numbered 793 on Sheet
C5 of Schedule "A", or erect or use any building or structure thereon, except in
compliance with By-law No. 2007-232.
2007-195
19.1.794
(a) None of the provisions contained within the definition "hotel" of By-law No. 79-200
shall apply to prevent the use of the land on the southwest corner of Fallsview
Boulevard and Dixon Street, designated TC and numbered 794 on Sheet D5 of
Schedule "A", or the erection or use of any building or structure thereon for the
purpose of a hotel which does not provide a public meeting room. - By-law No. 2007-
195.
(b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79-200 shall
apply to require all of the required parking spaces for all of the permitted uses and
buildings and structures on the land on the southwest corner of Fallsview Boulevard
and Dixon Street, designated TC and numbered 794 on Sheet D5 of Schedule "A" to
be provided and maintained on the same land, except in compliance with By-law No.
2003-164.(c) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c),
(d), (e), (f) and (g) of section 8.6.2 of By-law No 79-200, no person shall use the land
on the southwest corner of Fallsview Boulevard and Dixon Street, designated TC and
numbered 794 on Sheet D5 of Schedule "A", or erect or use any building or structure
thereon for the purpose of a hotel, except in compliance with By-law No. 2007-195
2007-197
19.1.795
Notwithstanding the provisions contained within the definition "lot" and clause (a) of
section 8.2.2 of By-law No. 79-200, no person shall use the land on the northeast
corner of Lundy's Lane and Byng Avenue, designated GC and numbered 795 on
Sheet C4 of Schedule "A", or erect or use any building or structure thereon, except in
compliance with By-law No. 2007-197.
2007-205
19.1.796
Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of
section 7.8.2 of By-law No. 79-200, no person shall use the land on the north side of
Pinestone Road west of Walker Court, designated R3 and numbered 796 on Sheet C1
of Schedule "A", or erect or use any buildings or structures thereon, except for the
purpose of on street townhouse dwellings, home occupations and accessory buildings
and accessory structures, and except in compliance with By-law No. 2007-205.
2007-205
19.1.797
Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of
section 7.8.2 of By-law No. 79-200, no person shall use the land on the south side of
Pinestone Road, west of Walker Court, designated R3 and numbered 797 on Sheet
C1 of Schedule "A", or erect or use any buildings or structures thereon, except for the
purpose of on street townhouse dwellings, home occupations and accessory buildings
and accessory structures, and except in compliance with By-law No. 2007-205.
2007-205
19.1.798
Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of
section 7.8.2 of By-law No. 79-200, no person shall use the land on the south side of
Pinestone Road, west of Walker Court, designated R3 and numbered 798 on Sheet
C1 of Schedule "A", or erect or use any buildings or structures thereon, except for the
purpose of on street townhouse dwellings, home occupations and accessory buildings
and accessory structures, and except in compliance with By-law No. 2007-205.2007-
207
19.1.799
None of the provisions of sections 2.35 and 8.1.1 and clauses (a), (b), (c) and (d) of
section 8.1.2 of By-law No. 79-200 shall apply to prevent the use of the land on the
east side of Drummond Road, between Prospect Street and North Street, designated
NC and numbered 799 on the plan Schedule 1 attached hereto, or the use of the
existing building thereon, for the purpose of a day nursery, except in compliance with
By-law No. 2007-207.
2007-209
2008-134
19.1.800
(a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to
prevent the use of the land on the west side of Stanley Avenue, north of Thorold Stone
Road, designated LI and numbered 800, in part, and LI(H) and numbered 800 on
Sheets C2 and C3 of Schedule "A", or the erection or use of any building or structure
thereon, except in compliance with By-law No. 2007-209.
(b) Notwithstanding the provisions of clause (g) of section 11.2.2 of By-law No. 79-
200, no person shall use the land on the west side of Stanley Avenue, north of Thorold
Stone Road, designated LI and numbered 800, in part, and LI(H) and numbered 800
on Sheets C2 and C3 of Schedule "A", or erect or use any building or structure
thereon, except in compliance with By-law No. 2007-209.
2007-208
19.1.801
Repealed by By-law No. 2016-77.
2007-230
19.1.802
Notwithstanding the provisions of section 8.1.1 and clauses (b), (d), (e) and (h) of
section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest
corner of Sodom Road and Nassau Avenue, designated NC and numbered 802 on
Sheet D7 of Schedule "A", or erect or use any building or structure thereon except for
the purpose of a restaurant, and except in compliance with By-law No. 2007-230.
2007-233
19.1.803
None of the provisions of section 4.10 and clauses (a), (b) and (c) of section 7.8.2 of
By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner
of Drummond Road and Ker Street, designated R3 and numbered 803 on Sheet C4 of
Schedule "A", or the erection or use of any building or structure thereon for a use
permitted by the R3 zone, except in compliance with By-law No. 2007-233.2007-236
2010-58
19.1.804
Repealed by By-law No. 2011-03.
2007-236
2010-58
19.1.805
Repealed by By-law No. 2011-03.
2007-236
2010-58
19.1.806
Repealed by By-law No. 2011-03.
2007-236
19.1.807
Repealed by By-law No. 2011-03.
2008-39
19.1.808
Notwithstanding the provisions contained within the definition "height", clauses (a), (c)
and (f) of section 4.19.1 and clause (g) of section 8.6.2 of By-law No. 79-200, no
person shall use the land on the south side of Robinson Street, east of Clark Avenue,
designated TC and numbered 808 on Sheet D4 of Schedule "A", or erect or use any
building or structure thereon, for the purpose of a hotel, except in compliance with By-
law No. 2008-39.
2008-39
19.1.809
Notwithstanding the provisions of clause (a) of section 4.19.1 of By-law No. 79-200, no
person shall use the land on the west side of Stanley Avenue, through to Allendale
Avenue, south of Robinson Street, designated TC and numbered 809 on Sheet D4
and D5 of Schedule "A", for the purpose of a parking area to satisfy a portion of the
required parking for a hotel on the land on the south side of Robinson Street, east of
Clark Avenue, designated TC and numbered 808 on Sheet D4 of Schedule "A", except
in compliance with By-law No. 2008-39.
2008-11
19.1.810
Notwithstanding the provisions of sections 2.31.8, 2.31.9, 2.31.10 and 7.14.1 and
clauses (a), (b), (c), (d), (e), (f), (h), (j) and (m) of section 7.14.2 of By-law No. 79-200,
no person shall use the land on the south side of Marineland Parkway, west of Stanley
Avenue, designated R5E(H) and numbered 810 on Sheet D5 of Schedule "A", or erect
or use any building or structure thereon, for the purpose of apartment dwellings and
accessory buildings and accessory structures, except in compliance with By-law No.
2008-11.
2009-24
19.1.811
Notwithstanding the provisions of sections 2.31 and 4.27.1, Table 1 of clause (a) of
section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2
of By-law No. 79-200, no person shall use the land on the southwest corner of Thorold
Stone Road and Kalar Road, designated NC and numbered 811 on Sheet B3 of
Schedule "A", or erect or use any building or structure thereon, except for the purpose
of a restaurant and an accessory office and storage building and a retail store, and
except in compliance with By-law No. 2009-024.
2008-29
19.1.813
Deleted by By-law No. 2009-174.
2011-92
2017-01
19.1.814
Repealed by By-law No. 2017-01.
2008-51
2020-50
19.1.815
Refer by By-law No. 2020-50.
2008-50
2020-121
19.1.816
Refer to by By-law No. 2020-121.
2008-21
19.1.817
Notwithstanding the provisions of clause (b) of section 4.13 and clause (f) of section
7.5.2 of By-law No. 79-200, no person shall use the land on the northeast corner of
Garner Road and McGarry Drive, designated R1E and numbered 817 on Sheets A5
and B5 of Schedule "A", or erect or use any building or structure thereon, for a use
permitted by the R1E zone, except in compliance with By-law No. 2008-21.
2008-53
19.1.818
Notwithstanding the provisions of section 4.17.1 and 8.1.1 and clauses (a), (b), (c),
(d), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on
the west side of Drummond Road, south of Thorold Stone Road, designated NC and
numbered 818 on Sheet C3 of Schedule "A", or erect or use any building or structure
thereon, except for either a detached dwelling or a duplex dwelling and accessory
buildings and accessory structures, or an office, and except in compliance with By-law
No. 2008-53.
2008-83
2018-118
19.1.819
Repealed by By-law No. 2018-118.
2008-54
19.1.820
Deleted by By-law No. 2009-75.
2008-54
19.1.821
Deleted by By-law No. 2009-75.
2008-54
19.1.822
Deleted by By-law No. 2009-75.
2008-49
19.1.823
Notwithstanding the provisions of section 4.27.1 and clause (h) of section 7.11.2 of
By-law No. 79-200, no person shall use the land on the west side of Kalar Road, north
of Forestview Boulevard, designated R5B and numbered 823 on Sheet B5 of
Schedule "A", or erect or use any building or structure thereon, for a use permitted by
the R5B zone, except in compliance with By-law No. 2008- 49.
2008-71
19.1.824
Notwithstanding the provisions of clause (c) of section 7.7.1 of By-law No. 79-200, no
person shall use the land on the northeast corner of Dorchester Road and Pinedale
Drive, designated R2 and numbered 824 on Sheet C3 of Schedule "A", or erect or use
any building or structure thereon, except in compliance with By-law No. 2008-71.
2008-70
19.1.825
None of the provisions of subsection (i) of clause (b) of section 14.2 of By-law No. 79-
200 shall apply to prevent the use of the land on the south side of Culp Street, east of
Corwin Avenue, designated OS and numbered 825 on Sheet C5 of Schedule "A", or
the erection or use of any building or structure thereon, except in compliance with By-
law No. 2008-70.2008-88
19.1.826
Notwithstanding the provisions of sections 2.31, 4.19.1 and 9.1 and clauses (a), (b),
(c), (d), (f), (g), (j) and (k) of section 9.2 of By-law No. 79-200, no person shall use the
land on the west side of St. Lawrence Avenue, across from Ellis Street, designated I
and numbered 826 on Sheet D3 of Schedule "A", or erect or use any building or
structure thereon, except for a place of worship, a community kitchen, an emergency
shelter and accessory buildings and accessory structures, and except in compliance
with By-law No. 2008-88.
2008-100
19.1.827
None of the provisions of section 7.7.1 and clause (f) of section 7.7.2 of By-law No.
79-200 shall apply to prevent the use of the land on the southwest corner of River
Road and Bampfield Street, designated R2 and numbered 827 on Sheet D4 of
Schedule "A", or the use of the existing building thereon, for the purpose of a detached
dwelling or a cottage rental dwelling, except in compliance with By-law No. 2008-100.
2008-102
2014-73
19.1.828
Repealed by By-law No. 2014-73.
2008-99
19.1.829
Notwithstanding the provisions of sections 2.31.5 and 2.31.8, Table 1 of clause (a)
and clause (c) of section 4.19.1 and section 7.8.1 of By-law No. 79-200, no person
shall use the land north of Lundy's Lane, between Garner Road and Beechwood
Road, designated R3 and numbered 829 on Sheet A4 of Schedule "A", or erect or use
any building or structure thereon, except for the purpose of on street townhouse
dwellings and accessory buildings and accessory structures, and except in
compliance with By-law No. 2008-99.
19.1.830
In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no
person shall use the land north of Lundy's Lane, between Garner Road and
Beechwood Road, designated R4 and numbered 830 on Sheet A4 of Schedule "A", or
erect or use any building or structure thereon, for the purpose of a use permitted by
the R4 zone, except in compliance with By-law No. 2008-99.
19.1.831
In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no
person shall use the land north of Lundy's Lane, between Garner Road and
Beechwood Road, designated R4 and numbered 831 on Sheets A4 and A5 of
Schedule "A", or erect or use any building or structure thereon, for the purpose of a
use permitted by the R4 zone, except in compliance with By-law No. 2008-99.2008-
107
2013-27
19.1.832
Notwithstanding the provisions contained within the definition "lot", Table 1 of clause
(a) of section 4.19.1 and sections 4.19.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no
person shall use the land on the north and west sides of Oakwood Drive, designated
SC and numbered 832 on Sheets B6 and C6 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2008-107.
2008-108
2013-28
19.1.833
Notwithstanding the provisions contained within the definition "lot", Table 1 of clause
(a) of section 4.19.1 and sections 4.19.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no
person shall use the land on the south and east sides of Oakwood Drive, designated
SC and numbered 833 on Sheets B6 and C6 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2008-108.
2008-128
19.1.834
Notwithstanding the provisions of sections 4.17.1, 4.27.1 and 8.1.1 and clauses (b),
(c), (f), (g), and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land
on the south side of Thorold Stone Road, between Confederation Avenue and St.
James Avenue, designated NC and numbered 834 on Sheet C3 of Schedule "A", or
erect or use any building or structure thereon, except for the purpose of an office, a
clinic and dwelling units above the ground floor in combination with one or more
offices or clinics, and except in compliance with By-law No.2008-128.
2008-130
19.1.835
(a) None of the provisions of section 8.9.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the northeast corner of Stanley Avenue and McRae Street,
designated AS and numbered 835 on Sheet D4 of Schedule "A", or the erection or use
of any building or structure thereon, for the purpose of a retail store, except in
compliance with By-law No. 2008-130.
(b)
19.1.836
Notwithstanding the provisions of clauses (e), (g), (i) and (j) of section 8.9.3 of By-law
No. 79-200, no person shall use the land on the northeast corner of Stanley Avenue
and McRae Street, designated AS and numbered 835 on Sheet D4 of Schedule "A", or
erect or use any building or structure thereon, except in compliance with By-law No.
2008-130.2008-132
Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clause (a) of
section 4.19.3 and clauses (e), (g) and (k) of section 7.8.2 of By-law No. 79-200, no
person shall use the land on the west side of Montrose Road, north of Alpine Drive,
designated R3 and numbered 836 on Sheet B3 of Schedule "A", or erect or use any
building or structure thereon, for the purpose of a three unit on-street townhouse
dwelling, except in compliance with By-law No. 2008-132.
2008-133
19.1.837
(a) None of the provisions of section 14.1 of By-law No. 79-200 shall apply to prevent
the use of the land on the south side of Chippawa Creek Road, east of Garner Road,
designated OS and numbered 837 on Sheet A7 of Schedule "A", or the erection or use
of any building or structure thereon, for the purpose of a detached dwelling, except in
compliance with By-law No. 2008-133.
(b) Notwithstanding the provisions of clause (v) of section 14.2 of By-law No. 79-200,
no person shall use the land on the south side of Chippawa Creek Road, east of
Garner Road, designated OS and numbered 837 on Sheet A7 of Schedule "A", or
erect or use any building or structure thereon, except in compliance with By-law No.
2008-133.
2008-147
19.1.838
Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clauses (d),
(e) and (i) of section 4.19.1, clause (b) of section 4.19.3 and clauses (a), (b), (c), (d),
(e), (g), (h), (k) and (m) of section 7.14.2 of By-law No. 79-200, no person shall use
the land on the south side of Huron Street, between Third Avenue and Fourth Avenue,
designated R5E and numbered 838 on Sheet D3 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2008-147.
2008-131
19.1.839
Notwithstanding the provisions of sections 4.27.1, 5.7 and 7.9.1, clauses (a), (c), (e),
(h), (j) and (m) of section 7.9.2 and section 7.9.3 of By-law No. 79-200, no person
shall use the land on the west side of Dorchester Road, opposite Stokes Street,
designated R4 and numbered 839 on Sheet C5 of Schedule "A", or erect or use any
building or structure thereon, except for the purpose of 2 townhouse dwellings each
containing 4 dwelling units, and 2 semi-detached dwellings, and accessory buildings
and accessory structures, and except in compliance with By-law No. 2008-131.2008-
174
19.1.840
Notwithstanding the provisions contained within the definition "lot", clause (c) of
section 4.14, section 4.14.1, clause (a) of section 4.19.1 and clauses (a), (b), (c), (d),
(f), (g), (h) and (m) of section 7.14.2 of By-law No. 79-200, no person shall use the
land on the west side of River Road between John Street and Philip Street,
designated R5E and numbered 840 on Sheet D4 of Schedule "A", or erect or use any
building or structure thereon, except in compliance with By-law No. 2008-174.
2008-174
19.1.841
Notwithstanding the provisions of sections 2.31, 17.1 and 17.2 of By-law No. 79-200,
no person shall use the land on the west side of River Lane, between John Street and
Philip Street, designated P and numbered 841 on Sheet D4 of Schedule "A", except
for the purpose of a parking area to satisfy a portion of the required parking for an
apartment dwelling located on lands on the west side of River Road between John
Street and Philip Street, designated R5E and numbered 840 on Sheet D4 of Schedule
"A", and except in compliance with By-law No. 2008-174.
2008-162
19.1.842
Notwithstanding the provisions contained within the definition "lot", Column 3 of Table
2 of clause (e) of section 4.19.1, clause (b) of section 4.19.3, section 7.15.1 and
clauses (a), (b), (c), (d), (e), (g), (h) and (m) of section 7.15.2 of By-law No. 79-200, no
person shall use the land on the east side of Main Street, between Summer Street and
North Street, designated R5F and numbered 842 on Sheet C4 of Schedule "A", or
erect or use any building or structure thereon, except for the purpose of a retirement
home, a clinic and accessory buildings and accessory structures, and except in
compliance with By-law No. 2008-162.
19.1.843
Refer to By-law No. 2008-208.
19.1.844
Refer to By-law No. 2010-67.
19.1.845
Refer to By-law No. 2008-219.
19.1.846
Refer to By-law No. 2008-206.
19.1.847
Refer to By-law No. 2008-206.
2016-54
19.1.848
Refer to By-law No. 2010-03, as amended by By-law No. 2016-54.
19.1.849
Refer to By-law No. 2010-03, as amended by By-law No. 2016-54.
19.1.850
Refer to By-law No. 2010-03, as amended by By-law No. 2016-54.
19.1.852
Refer to By-law No. 2009-55.
19.1.854
Refer to By-law No. 2009-51.
19.1.855
Refer to By-law No. 2009-51.
19.1.856
Refer to By-law No. 2009-51, as amended by 2018-95.
19.1.857
Refer to By-law No. 2009-51.
19.1.858
Refer to By-law No. 2009-51.
19.1.859
Refer to By-law No. 2009-64. Temporary use by-law no longer in effect as of April 19,
2012.
19.1.860
Repealed by By-law No. 2016-49.
19.1.861
Repealed by By-law No. 2016-49.
19.1.862
Repealed by By-law No. 2016-49.
2012-16
19.1.863
Refer to By-law No. 2009-84, as amended by By-law No. 2012-16.
19.1.864
Refer to By-law No. 2009-85.
19.1.865
Refer to By-law No. 2009-83.
19.1.866
Refer to By-law No. 2009-83.
19.1.867
Refer to By-law No. 2009-129.
19.1.868
Refer to By-law No. 2009-130.
19.1.869
Refer to By-law No. 2009-127.
19.1.874
Refer to By-law No. 2009-126.
19.1.875
Refer to By-law No. 2009-194.
19.1.876
Refer to By-law No. 2009-194.
19.1.877
Refer to By-law No. 2009-194.
19.1.878
Refer to By-law No. 2009-139.
19.1.879
Refer to By-law No. 2009-139.
19.1.880
Refer to By-law No. 2009-139.
19.1.881
Refer to By-law No. 2009-139.
19.1.882
Refer to By-law No. 2009-141.
19.1.883
Refer to By-law No. 2009-150.
19.1.884
Refer to By-law No. 2009-163.
19.1.885
Refer to By-law No. 2009-184.
19.1.886
Refer to By-law No. 2009-185.
19.1.887
Refer to By-law No. 2009-174.
19.1.888
Refer to By-law No. 2009-175.
19.1.889
Refer to By-law No. 2010-09.
19.1.890
Refer to By-law No. 2010-09.
19.1.891
Refer to By-law No. 2010-12.
19.1.892
Refer to By-law No. 2010-11.2013-134
19.1.894
Refer to By-law No. 2010-34, as amended by By-law No. 2013-134.
19.1.895
Repealed by By-law No. 2013-135.
19.1.896
Refer to By-law No. 2010-40.
19.1.897
Refer to By-law No. 2010-41.
19.1.899
Refer to By-law No. 2010-68. Temporary use by-law no longer in effect as of May 10,
2013.
19.1.900
Refer to By-law No. 2010-100.
19.1.901
Refer to By-law No. 2010-103.
19.1.902
Refer to By-law No. 2010-104.
19.1.903
Refer to By-law No. 2010-105.
19.1.904
Refer to By-law No. 2010-106.
19.1.905
Refer to By-law No. 2010.107.
19.1.906
Refer to By-law No. 2010-108.
19.1.907
Repealed by By-law No. 2013-111.
19.1.908
Repealed by By-law No. 2013-111.
19.1.909
Refer to By-law No. 2010-111.
2011-48
19.1.910
Refer to By-law No. 2010-91, as amended by By-law No. 2011-48.
19.1.911
Refer to By-law No. 2010-121.
19.1.912
Refer to By-law No. 2010-132.
19.1.913
Refer to By-law No. 2010-133.
19.1.914
Repealed by By-law No. 2016-53.
19.1.915
Repealed by By-law No. 2016-53.
2016-111
19.1.916
Refer to By-law No. 2010-131, as amended by 2016-111.
19.1.917
Refer to By-law No. 2010-135.
2011-66
2012-63
2014-130
19.1.918
Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014-130.
2011-66
2012-63
2014-130
19.1.919
Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014-130.
2011-66
2012-63
19.1.920
Removed by By-law No. 2012-63.
2011-66
2012-63
2014-130
19.1.921
Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014-130.
19.1.922
Refer to By-law No. 2010-156.
19.1.923
Refer to By-law No. 2010-164.
19.1.924
Refer to By-law No. 2010-163.
19.1.925
Refer to By-law No. 2011-03.
19.1.926
Refer to By-law No. 2011-03.
19.1.927
Refer to By-law No. 2011-03.
19.1.928
Refer to By-law No. 2011-03.
19.1.929
Refer to By-law No. 2011-03.
19.1.930
Refer to By-law No. 2011-06.
2016-96
19.1.931
Refer to By-law No. 2011-04, as amended by By-law No. 2015-11, as amended by By-
law No. 2016-96.
2016-96
19.1.932
Refer to By-law No. 2011-04, as amended by By-law No. 2015-11, as amended by By-
law No. 2016-96. As such, none of the provisions of 2011-04 apply to the lands. (No
longer mapped)
2016-96
19.1.933
Refer to By-law No. 2011-04, as amended by By-law 2016-96.
19.1.934
Refer to By-law No. 2011-21.
19.1.935
Refer to By-law No. 2011-21.
19.1.936
Refer to By-law No. 2011-30.
19.1.937
Refer to By-law No. 2011-31.
19.1.938
Refer to By-law No. 2011-32.
19.1.939
Refer to By-law No. 2011-38.
2014-162
19.1.941
Refer to By-law No. 2011-68, as amended by By-law No. 2014-162.
19.1.942
Refer to By-law No. 2011-68.
2014-162
19.1.943
Refer to By-law No. 2011-68, as amended by By-law No. 2014-162.
19.1.944
Refer to By-law No. 2011-68.
2011-143
2018-119
19.1.945
Repealed by By-law No. 2018-119.
2011-143
2018-119
19.1.946
Repealed by By-law No. 2018-119.
2011-143
2018-119
19.1.947
Repealed by By-law No. 2018-119.
19.1.948
Refer to By-law No. 2011-138.2013-109
2012-81
2013-109
2022-100
19.1.952
Repealed by By-law No. 2022-100.
2012-80
2013-108
2022-099
19.1.953
Repealed by By-law No. 2022-099.
2012-82
2013-110
2022-101
19.1.954
Repealed by By-law No. 2022-101.
19.1.955
Refer to By-law No. 2012-29.
19.1.956
Refer to By-law No. 2013-05.
19.1.957
Refer to By-law No. 2013-05.
19.1.958
Refer to By-law No. 2012-31.
19.1.960
Refer to By-law No. 2012-84.
19.1.961
Refer to By-law No. 2012-134.
2014-130
2012-63
2012-64
2014-130
19.1.964
Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63, 2012-64 and
2014-130.
19.1.965
Refer to By-law No. 2012-68.
19.1.966
Refer to By-law No. 2012-136.
19.1.967
Refer to By-law No. 2012-136.
19.1.968
Refer to By-law No. 2012-100.
2018-010
19.1.969
Refer to By-law No. 2012-102.
19.1.970
Refer to By-law No. 2012-119.
19.1.971
Refer to By-law No. 2012-121.
19.1.972
Refer to By-law No. 2012-133.
19.1.973
Refer to By-law No. 2013-01.
19.1.974
Refer to By-law No. 2013-05.
19.1.975
Refer to By-law No. 2013-05.
19.1.976
Refer to By-law No. 2013-29.
19.1.977
Refer to By-law No. 2013-30.
19.1.978
Refer to By-law No. 2013-31.
19.1.979
Refer to By-law No. 2013-32.
19.1.980
Refer to By-law No. 2013-24.
19.1.981
Refer to By-law No. 2013-25.
19.1.982
Refer to By-law No. 2013-76.
19.1.983
Refer to By-law No. 2013-77.
19.1.984
Refer to By-law No. 2013-90.
19.1.985
Refer to By-law No. 2013-94.
19.1.986
Refer to By-law No. 2013-111.
19.1.987
Refer to By-law No. 2013-127.
19.1.988
Refer to By-law No. 2013-127.
19.1.989
Refer to By-law No. 2013-126.
19.1.990
Refer to By-law No. 2013-126.
2014-10
19.1.991
Refer to By-law No. 2013-135, as amended by By-law No. 2014-10.
19.1.992
Refer to By-law No. 2013-169.
19.1.993
Refer to By-law No. 2013-169.
19.1.994
Refer to By-law No. 2014-36.
19.1.995
Refer to By-law No. 2014-33.
19.1.996
Refer to By-law No. 2014-32.
19.1.997
Refer to By-law No. 2014-032.
19.1.998
Refer to By-law No. 2014-52.
19.1.999
Refer to By-law No. 2014-52.
19.1.1000
Refer to By-law No. 2014-52, as amended by 2018-97.
19.1.1001
Refer to By-law No. 2014-52.
19.1.1002
Refer to By-law No. 2014-53.
19.1.1003
Refer to By-law No. 2014-73.
19.1.1004
Refer to By-law No. 2014-75.
19.1.1005
Refer to By-law No. 2014-76.
19.1.1006
Refer to By-law No. 2014-80.
19.1.1007
Refer to By-law No. 2013-26, as amended by By-law No. 2016-128.
19.1.1008
Refer to By-law No. 2014-129.
19.1.1009
Refer to By-law No. 2015-42.
19.1.1010
Refer to By-law No. 2015-51.
19.1.1011
Refer to By-law No. 2015-52.
19.1.1012
Refer to By-law No. 2015-67.
19.1.1013
Refer to By-law No. 2015-83, as amended by By-law No. 2016-31.
19.1.1014
Refer to By-law No. 2015-124.
19.1.1015
Refer to By-law No. 2015-150.
19.1.1016
Refer to By-law No. 2015-146.
19.1.1017
Refer to By-law No. 2015-139.
19.1.1018
Refer to By-law No. 2015-149.
19.1.1019
Refer to By-law No. 2016-28.
19.1.1020
Refer to By-law No. 2016-35.
19.1.1021
Refer to By-law No. 2016-49.
19.1.1022
Refer to By-law No. 2016-49.
19.1.1023
Refer to By-law No. 2016-49.
19.1.1024
Refer to By-law No. 2016-53.
19.1.1025
Refer to By-law No. 2016-52.
19.1.1026
Refer to By-law No. 2016-68.
19.1.1027
Refer to By-law No. 2016-77.
19.1.1028
Refer to By-law No. 2016-78.
19.1.1029
Refer to By-law No. 2016-95.
19.1.1030
Refer to By-law No. 2016-96.
19.1.1031
Refer to By-law No. 2016-112.
19.1.1032
Refer to By-law No. 2016-112.
19.1.1033
Refer to By-law No. 2017-01.
19.1.1034
Refer to By-law No. 2017-17.
19.1.1035
Refer to By-law No. 2017-03.
19.1.1036
Refer to By-law No. 2017-03.
19.1.1037
Refer to By-law No. 2017-12.
19.1.1038
Refer to By-law No. 2017-27.
19.1.1039
Refer to By-law No. 2017-27.
19.1.1040
Refer to By-law No. 2017-27.
19.1.1041
Refer to By-law No. 2017-44.
19.1.1042
Refer to By-law No. 2017-44.
19.1.1043
Refer to By-law No. 2017-44.
19.1.1045
Refer to By-law No. 2018-11.
19.1.1046
Refer to By-law No. 2017-63.
19.1.1047
Refer to By-law No. 2017-62 - Expired.
19.1.1048
Refer to By-law No. 2017-83.
19.1.1049
Refer to By-law No. 2017-90.
19.1.1050
Refer to By-law No. 2017-102.
19.1.1051
Refer to By-law No. 2017-123.
19.1.1052
Refer to By-law No. 2017-124.
19.1.1053
Refer to By-law No. 2017-136
19.1.1054
Refer to By-law No. 2017-147
19.1.1055
Refer to By-law No. 2018-24.
19.1.1056
Refer to By-law No. 2018-24.
19.1.1057
Refer to By-law No. 2018-22.
19.1.1058
Refer to By-law No. 2019-55
19.1.1059
Refer to By-law No. 2018-29.
19.1.1060
Refer to By-law No. 2018-34, as amended by By-law No. 2018-110.
19.1.1061
Refer to By-law No. 2018-54.
19.1.1062
Refer to By-law No. 2018-67.
19.1.1063
Refer to By-law No. 2018-66.
2018-74
2020-81
19.1.1064
Repealed by By-law No. 2020-81.
2018-74
2020-81
19.1.1065
Repealed by By-law No. 2020-81.
2018-94
2018-121
19.1.1066
Refer to By-law No. 2018-121.
19.1.1067
Refer to By-law No. 2018-53.
19.1.1068
Refer to By-law No. 2018-98.
19.1.1069
Refer to By-law No. 2018-95.
19.1.1070
Refer to By-law No. 2018-96.
19.1.1071
Refer to By-law No. 2018-97.
19.1.1072
Refer to By-law No. 2022-013.
19.1.1073
Refer to By-law No. 2018-111.
19.1.1074
Refer to By-law No. 2018-93.
19.1.1075
Refer to By-law No. 2018-99.
19.1.1076
Refer to By-law No. 2018-119.
19.1.1077
Refer to By-law No. 2018-119.
19.1.1078
Refer to By-law No. 2018-120.
19.1.1079
Refer to By-law No. 2018-118.
19.1.1080
Refer to By-law No. 2018-131.
19.1.1081
Refer to By-law No. 2019-3.
19.1.1082
Refer to By-law No. 2019-3.
19.1.1083
Refer to By-law No. 2019-3.
19.1.1084
Refer to By-law No. 2019-3.
19.1.1085
Refer to By-law No. 2019-3.
19.1.1086
Refer to By-law No. 2019-1.
19.1.1087
Refer to By-law No. 2019-24.
19.1.1088
Refer to By-law No. 2019-23.
19.1.1089
Refer to By-law No. 2019-40.
19.1.1090
Refer to By-law No. 2019-56.
19.1.1091
Refer to By-law No. 2019-56.
19.1.1093
Refer to By-law No. 2019-48.
19.1.1094
Refer to By-law No. 2019-50.
19.1.1095
Refer to By-law No. 2019-50.
19.1.1096
Refer to By-law No. 2019-57.
19.1.1097
Refer to By-law No. 2019-57.
19.1.1098
Refer to By-law No. 2019-66.
19.1.1099
Refer to By-law No. 2019-66.
19.1.1100
Refer to By-law No. 2019-75.
19.1.1101
Refer to By-law No. 2019-75.
19.1.1102
Refer to By-law No. 2019-67.
19.1.1103
Refer to By-law No. 2019-83.
19.1.1104
Refer to By-law No. 2019-116.
19.1.1105
Refer to By-law No. 2019-133.
19.1.1106
Refer to By-law No. 2019-122.
19.1.1107
Refer to By-law No. 2019-131.
19.1.1108
19.1.1109
Refer to By-law No. 2019-130.
2019-130
2020-06
2022-118
19.1.1110
Repealed by By-law No. 2022-118.
19.1.1111
Refer to By-law No. 2020-003.
19.1.1112
Refer to By-law No. 2022-093.
19.1.1113
Refer to By-law No. 2022-093.
19.1.1114
Refer to By-law No. 2022-093.
19.1.1115
Refer to By-law No. 2020-15
19.1.1116
Refer to By-law No. 2020-21.
19.1.1117
Refer to By-law No. 2020-21.
19.1.1118
Refer to By-law No. 2020-45.
19.1.1119
Refer to By-law No. 2020-45.
19.1.1120
Refer to By-law No. 2020-45.
19.1.1121
Refer to By-law No. 2020-57.
19.1.1122
Refer to By-law No. 2020-56.
19.1.1123
Refer to By-law No. 2020-67.
19.1.1124
Refer to By-law No. 2020-92
19.1.1125
Refer to By-law No. 2020-83.
19.1.1126
Refer to By-law No. 2020-81.
19.1.1127
Refer to By-law No. 2020-82.
19.1.1128
Refer to By-law No. 2020-78.
19.1.1129
Refer to By-law No. 2020-80.
19.1.1130
Refer to By-law No. 2020-98.
19.1.1131
Refer to By-law No. 2020-98.
19.1.1132
Refer to By-law No. 2021-09.
19.1.1133
Refer to By-law No. 2020-124.
19.1.1134
Refer to By-law No. 2020-124.
19.1.1135
Refer to By-law No. 2020-124.
19.1.1136
Refer to By-law No. 2020-124.
19.1.1137
Refer to By-law No. 2020-124.
19.1.1138
Refer to By-law No. 2020-121.
19.1.1139
Refer to By-law No. 2020-123.
19.1.1140
Refer to By-law No. 2021-29.
19.1.1141
Refer to By-law No. 2020-126.
19.1.1142
Refer to By-law No. 2021-07.
19.1.1143
Refer to By-law No. 2021-30.
19.1.1144
Refer to By-law No. 2021-30.
19.1.1145
Refer to By-law No. 2021-30.
19.1.1146
Refer to By-law No. 2021-42.
19.1.1147
Refer to By-law No. 2022-037.
19.1.1148
Refer to By-law No. 2021-96.
19.1.1149
Refer to By-law No. 2021-97.
19.1.1150
Refer to By-law No. 2021-103.
19.1.1151
Refer to By-law No. 2021-121.
19.1.1152
Refer to By-law No. 2021-200.
19.1.1153
Refer to By-law No. 2021-122.
19.1.1154
Refer to By-law No. 2021-122.
19.1.1155
Refer to By-law No. 2021-122.
19.1.1156
Refer to By-law No. 2021-120.
19.1.1157
Refer to By-law No. 2021-134.
19.1.1158
Refer to By-law No. 2021-132.
19.1.1159
Refer to By-law No. 2022-07.
19.1.1160
Refer to By-law No. 2022-04.
19.1.1161
Refer to By-law No. 2022-05.
19.1.1162
Refer to By-law No. 2022-06.
19.1.1163
Refer to By-law No. 2022-31.
19.1.1164
Refer to By-law No. 2022-061.
19.1.1165
Refer to By-law No. 2022-108.
19.1.1166
Refer to By-law No. 2022-064.
19.1.1167
Refer to By-law No. 2022-065.
19.1.1168
Refer to By-law No. 2022-068.
19.1.1169
Refer to By-law No. 2022-068.
19.1.1170
Refer to By-law No. 2022-103.
19.1.1171
Refer to By-law No. 2022-063.
19.1.1172
Refer to By-law No. 2022-063.
19.1.1173
Refer to By-law No. 2022-063.
19.1.1174
Refer to By-law No. 2022-063.
19.1.1175
Refer to By-law No. 2022-063.
19.1.1177
Refer to By-law No. 2022-066.
19.1.1178
Refer to By-law No. 2022-075.
19.1.1179
Refer to By-law No. 2022-075.
19.1.1180
Refer to By-law No. 2022-075.
19.1.1181
Refer to By-law No. 2022-098.
19.1.1182
Refer to By-law No. 2022-098.
19.1.1183
Refer to By-law No. 2022-098.
19.1.1184
Refer to By-law No. 2022-117.
19.1.1187
Refer to By-law No. 2022-088.
19.1.1188
Refer to By-law No. 2022-111.
19.1.1189
Refer to By-law No. 2022-106.
19.1.1192
Refer to By-law No. 2022-100.
19.1.1193
Refer to By-law No. 2022-099.
19.1.1194
Refer to By-law No. 2022-101.
19.1.1190
Refer to By-law No. 2022-115.
19.1.1191
Refer to By-law No. 2022-118.
SECTION 20 - ADMINISTRATION
20.1 This By-law shall be administered by a person or persons appointed from time to time by
the Council of The Corporation of the City of Niagara Falls for that purpose.
SECTION 21 - VALIDITY
21.1 If any section, clause of provision of this By-law including anything contained in any of the
Schedules attached hereto, is for any reason declared by a court of competent jurisdiction
to be invalid, it is hereby declared to be the intention that all the remaining sections,
clauses or provisions of this By-law shall remain in full force and effect until repealed.
SECTION 22 - PENALTY
22.1 Every person who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to a fine of not more than $1,000.00, exclusive of costs.
SECTION 23 - REPEAL OF OTHER BY-LAWS
23.1 Except as provided in section 23.2, By-law No. 5335, 1955 of The Corporation of the City
of Niagara Falls and all amendments thereto, By-law No. 2350, 1959 of The Corporation
of the Township of Stamford and all amendments thereto, By-law No. 2530, 1960 of The
Corporation of the Township of Stamford and all amendments thereto and By-law No. 974
of The Corporation of the Village of Chippawa and all amendments thereto are hereby
repealed.
23.2 Section 23.1 shall not apply to repeal the following by-laws which have been passed by
the Council of The Corporation of the City of Niagara Falls but have not yet come into
force:
(1)
By-law No. 77-273 being "A by-law to amend By-law No. 2530, 1960 of the former
Township of Stamford, now in the City of Niagara Falls, as amended" (proposed
West Meadow Plan of Subdivision).
(2)
By-law No. 78-89 being "A by-law to amend By-law Nos. 2350, 1959 and 2530,
1960 of the former Township of Stamford, now in the City of Niagara Falls, as
amended" and By-law No. 78-98 being "A by-law to amend By-law No. 2530, 1960
of the former Township of Stamford, now in the City of Niagara Falls, as amended"
(proposed Ascot Wood Stage 2 Plan of Subdivision).
(3)
By-law No. 78-118 being "A by-law to amend By-law Nos. 2350, 1959 and 2530,
1960 of the former Township of Stamford, now in the City of Niagara Falls, as
amended" (Ministry of Transportation and Communications lands at northeast
corner of Lundy's Lane and Belmont Avenue).
(4)
By-law No. 79-3, being "A by-law to amend By-law Nos. 2350, 1959 and 2530,
1960 of the former Township of Stamford now in the City of Niagara Falls, as
amended" proposed Moretta Estates Plan of Subdivision), Appr. Feb.8/79 Same
as by-law.
(5)
By-law No. 79-53 as amended by By-law 88-59 and further amended by 88-155,
is repealed by 88-291. Appr. Jan.24/80 (setbacks)
(6)
By-law No. 79-107 being "A by-law to amend By-law No. 5335, 1955, as amended
(Angotti property on northerly side of Ferry Street and Victoria Avenue), Appr.
Nov.30/79 " (see S.P.27)
(7)
By-law No. 79-124 is hereby repealed by 88-78, Appr. Nov.27/79
(8)
By-law No. 79-135, being "A by-law to amend By-law No. 2530, 1960 of the
Township of Stamford, now in the City of Niagara Falls, as amended" (proposed
Sunnyside Plan of Subdivision), Appr. former (see 79-206)
(9)
By-law No. 79-136 being "A by-law to amend By-law No. 2530, 1960 of the former
Township of Stamford, now in the City of Niagara Falls, as amended" (Aiello
property at southwesterly corner of Montrose Road and Mulhern Street), Denied
by OMB on Feb. 28/80
(10)
By-law No. 79-154 being "A by-law to amend By-law No. 5335, 1955, as amended"
(G.A. Romeo Construction Limited property on westerly side of River Road
between John and Philip Streets), Amended by 81-208
(11)
By-law No. 79-171 being "A by-law to amend By-law No. 2530, 1960 of the former
Township of Stamford, now in the City of Niagara Falls, as amended" (proposed
Meadowvale Extension Plan of Subdivision), Appr. Oct. 16/79 500m2 lot area front
yard 7.5m
(12)
By-law No. 79-172, being "A by-law to amend By-law No. 2530, 1960 of the former
Township of Stamford, now in the City of Niagara Falls, as amended" (land on the
west side of Pettit Avenue between Dawson Street and Cropp Street), Appr. Nov.
8/79 Same as by-law
(13)
By-law No. 79-193 being "A by-law to amend By-law No. 5335, 1955, as amended"
(Barone property on east side of Stanley Avenue south of Ferry Street), Appr. Dec.
6/79 (frontage)
(14)
By-law No. 79-194 being "A by-law to amend By-law No. 2530, 1960 of the former
Township of Stamford, now in the City of Niagara Falls, as amended" (Cushing
property, southwesterly corner of Dorchester Road and Leeming Street), and
wherever there is a reference in the said By-law Nos. 77-273, 78-89, 78-98, 78-
118, 79-3, 79-53, 79-107, 79-124, 79-135, 79-136, 79-154, 79-171, 79-172, 79-
193 and 79-194 to a by-law repealed by section 23.1, such repealed by-law stands
good and shall be read and construed as unrepealed in so far, and in so far only,
as is necessary to support, maintain or give effect to said By-law Nos. 77-273, 78-
89, 78-98, 78-118, 79-3, 79-53, 79-107, 79-124, 79-135, 79-136, 79-154, 79-171,
79-172, 79-193 and 79-194. Replaced by 81-2
23.3 Except as provided in section 23.2, in addition to the laws repealed by section 23.1, By-
law Nos. 1776, 2403, 2806, 3488, 3599, 4024, 4025, 4045, 4046, 4103, 4692, 4929, 5196,
5300, 5352 and 7755 of The Corporation of the City of Niagara Falls and amendments
thereto and all restricted area by-laws heretofore passed by the Councils of The
Corporation of the City of Niagara Falls, The Corporation of the Township of Stamford and
The Corporation of the Village of Chippawa which apply to the defined area described in
section 3.1 and which were passed under section 35 of The Planning Act, R.S.O. 1970,
Chapter 349 or a predecessor of that section or deemed to be consistent with that section
by subsection 3 of section 13 of The Municipal Amendment Act, 1941 are hereby repealed.
Passed this 5th day of November 1979.
(signed) J.L. Collinson
(signed) S.W. Thomson
J.L. COLLINSON, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
November 5th, 1979.
Second Reading:
November 5th, 1979.
Third Reading:
November 5th, 1979.
TABLE OF CONTENTS
SECTION 1 - TITLE AND INTERPRETATION ............................................................... 1
SECTION 2 - DEFINITIONS ........................................................................................... 2
SECTION 3 - ZONES ....................................................................................................20
SECTION 4 - GENERAL PROVISIONS ........................................................................25
SECTION 5 - GENERAL PROVISIONS FOR RESIDENTIAL ZONES ...........................56
SECTION 6 - SITE PLAN CONTROL ............................................................................60
SECTION 7 - RESIDENTIAL ZONES ............................................................................61
SECTION 8 - COMMERCIAL ZONES ...........................................................................82
SECTION 9 - INSTITUTIONAL ZONE (I ZONE) .......................................................... 107
SECTION 10 - GENERAL PROVISIONS FOR INDUSTRIAL ZONES ......................... 109
SECTION 11 - INDUSTRIAL ZONES .......................................................................... 111
SECTION 12 - AGRICULTURAL ZONE (A ZONE) ...................................................... 125
SECTION 13 - RURAL ZONE (R ZONE) ..................................................................... 127
SECTION 14 - OPEN SPACE ZONE (OS ZONE) ....................................................... 129
SECTION 15 - DEVELOPMENT HOLDING ZONE (DH ZONE) ................................... 131
SECTION 16 - HAZARD LAND ZONE (HL ZONE) ...................................................... 132
SECTION 17 - PARKING ZONE (P ZONE) ................................................................. 133
SECTION 18 - PARKING HOLDING ZONE (PH ZONE).............................................. 134
SECTION 18A - ENVIRONMENTAL PROTECTION AREA (EPA) ZONE .................... 135
SECTION 19 - EXCEPTIONS AND SPECIAL PROVISIONS ...................................... 136
SECTION 20 - ADMINISTRATION .............................................................................. 264
SECTION 21 - VALIDITY............................................................................................. 265
SECTION 22 - PENALTY ............................................................................................ 266
SECTION 23 - REPEAL OF OTHER BY-LAWS .......................................................... 267
CLASSIFICATION OF ZONES, see Section 3
(For reference purposes only - not to form part of by-law)
The new zoning by-law proposed to utilize 39 types of use zones as follows:
ZONES
SHORT TITLES
PAGE
Residential 1A Density Zone
R1A
61
Residential 1B Density Zone
R1B
62
Residential 1C Density Zone
R1C
63
Residential 1D Density Zone
R1D
64
Residential 1E Density Zone
R1E
65
Residential 1F Density Zone
R1F
66
Residential Mobile Home Park Zone
RMP
67
Residential and Two Zone
R2
69
Residential Mixed Zone
R3
71
Residential Low Density, Group Multiple Dwelling Zone
R4
73
Residential Apartment 5A Density Zone
R5A
75
Residential Apartment 5B Density Zone
R5B
76
Residential Apartment 5C Density Zone
R5C
77
Residential Apartment 5D Density Zone
R5D
78
Residential Apartment 5E Density Zone
R5E
79
Residential Apartment 5F Density Zone
R5F
80
Transition Residential Multiple Zone
TRM
81
Neighbourhood Commercial Zone
NC
82
General Commercial Zone
GC
84
Deferred Commercial Zone
DC
87
Planned Shopping Centre Commercial Zone
SC
88
Central Business Commercial Zone
CB
90
Tourist Commercial Zone
TC
100
Camping Establishment Zone
CE
103
Deferred Tourist Commercial Zone
DTC
104
Automobile Service Station and Gasoline Bar Zone
AS
105
Institutional Zone
I
107
Prestige Industrial Zone
PI
111
Light Industrial Zone
LI
114
General Industrial Zone
GI
116
Heavy Industrial Zone
HI
119
Transportation - Distribution Industrial Zone
TDI
121
Extractive Industrial Zone
EI
123
Agricultural Zone
A
125
Rural Zone
R
127
Open Space Zone
OS
129
Development Holding Zone
DH
131
Hazard Land Zone
HL
132
Parking Zone
P
133
Parking Holding Zone
PH
134
Environmental Protection Area Zone
EPA
135