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Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 1
7
Section
Old Town Community Zoning District
7
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 2
7
SECTION 7:
OLD TOWN COMMUNITY ZONING DISTRICT
The provisions of the Old Town Community Zoning District shall apply to all lands within the
Urban Area Boundary established on Schedule "B" in the Town of Niagara-on-the-Lake's Official
Plan in addition to Fort Mississauga and the lands associated with the Niagara-on-the-Lake golf
course, as shown on Schedules 'A-1' to 'A-4' of this By-law.
7.1
ESTABLISHED RESIDENTIAL (ER) ZONE (entire section as amended by 4316Y-12)
In the Old Town Community Zoning District - Established Residential (ER) Zone, no land
shall be used and no building or structure shall be used, altered or erected except in
accordance with the following uses and provisions:
7.1.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
(c)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(d)
group home in accordance with Section 6.20
(e)
home occupation or a home profession in accordance with Section 6.24
(f)
public use
(g)
single detached dwelling
7.1.2 Zone Requirements:
(a)
Required lot frontage and lot depth
As existing
(b)
Minimum front yard setback
7.5 m (24.6 ft)
A detached or attached garage shall be setback from the front lot line a
minimum of 1.0 m (3.28 ft) greater than the building face (including a
covered porch) of the main building.
(c)
Minimum rear yard setback
7.5 m (24.6 ft)
(d)
Minimum interior side yard setback
1.22 m (3.94 ft)
(e)
Maximum building height
10.0 m (32.8 ft)
(f)
Minimum rear and interior side yard setback for
accessory buildings
1.52 m (5.0 ft)
(g)
Maximum lot coverage
33%
(h)
Minimum landscaped open space
30%
(i)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(j)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 3
7
7.2
ESTABLISHED RESIDENTIAL (ER2) ZONE (Chautauqua Community)
(entire section as amended by 4316Y-12)
In the Old Town Community Zoning District - Established Residential (ER2) Zone, no
land shall be used and no building or structure shall be used, altered or erected except
in accordance with the following uses and provisions:
7.2.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
(c)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(d)
group home in accordance with Section 6.20
(e)
home occupation or a home profession in accordance with Section 6.24
(f)
public use in accordance with Section 5.381
(g)
single detached dwelling
7.2.2 Zone Requirements:
(a)
Minimum lot area
As existing
(b)
Minimum lot frontage and lot depth
As existing
(c)
Minimum front yard setback
7.5 m (24.6 ft)
(d)
Minimum rear yard setback
7.5 m (24.6 ft)
(e)
Minimum interior side yard setback
1.22 m (4.0 ft)
(f)
Maximum building height
8.53 m (28.0 ft)
(g)
Minimum rear and side yard setback for accessory
buildings
0.6 m (2.0 ft)
(h)
Maximum lot coverage
40%
(i)
Minimum exterior side yard setback
1.22 m (4.0 ft)
(j)
Minimum accessory building exterior side yard
setback
1.22 m (4.0 ft)
7.2A
ESTABLISHED RESIDENTIAL (ER3) ZONE (entire section as amended by 4316Z-12)
In the Old Town Community Zoning District - Established Residential (ER3) Zone, no
land shall be used and no building or structure shall be used, altered or erected except
in accordance with the following uses and provisions:
7.2A.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 4
7
(c)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(d)
group home in accordance with Section 6.20
(e)
home occupation or a home profession in accordance with Section 6.24
(f)
public use in accordance with Section 5.381
(g)
single detached dwelling
7.2A.2 Zone Requirements:
(a)
Required lot frontage and depth
As existing
(b)
Minimum front yard setback
7.5 m (24.6 ft)
A detached or attached garage shall be setback from the front lot line a
minimum of 1.0 m (3.28 ft) greater than the building face (including a covered
porch) of the main building.
(c)
Minimum rear yard setback
7.5 m (24.6 ft)
(d)
Minimum interior side yard setback
1.22 m (4.0 ft)
(e)
Maximum building height
8.5 m (27.89 ft)
(f)
Minimum rear and side yard setback for accessory
buildings
1.52 m (5.0 ft)
(g)
Maximum lot coverage
33%
(h)
Minimum landscaped open space
30%
(i)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(j)
Minimum accessory building exterior side yard setback
4.5 m (14.76 ft)
7.3
RESIDENTIAL (R1) ZONE
In the Old Town Community Zoning District - Residential (R1) Zone, no land shall be
used and no building or structure shall be used, altered or erected except in accordance
with the following uses and provisions:
7.3.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
(c)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(d)
group home in accordance with Section 6.20
(e)
home occupation or a home profession in accordance with Section 6.24
(e)
public use in accordance with Section 5.381 (as amended by 4316Y-12)
(g)
single detached dwelling
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 5
7
7.3.2 Zone Requirements:
(a)
Minimum lot frontage
18.0 m (60 ft)
(b)
Maximum lot frontage
21.5 m (70.5 ft)
(c)
Minimum lot area
668 m² (7190.5 ft²)
(d)
Maximum lot area
780 m² (8396 ft²)
(e)
Maximum lot coverage
33%
(f)
Minimum landscaped open space
30%
(g)
Minimum front yard setback
7.5 m (24.6 ft)
(h)
Minimum interior side yard setback
1.5 m (5 ft)
(i)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(j)
Minimum rear yard setback
7.5 m (24.6 ft)
(k)
Minimum dwelling floor area
93 m² (1001 ft²)
(l)
Maximum building height
10.0 m (32.8 ft)
(m) Minimum accessory building yards setback
1.5 m (5 ft)
(n)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
7.4
RESIDENTIAL (R2) ZONE
In the Old Town Community Zoning District - Residential (R2) Zone, no land shall be
used and no building or structure shall be used, altered or erected except in accordance
with the following uses and provisions:
7.4.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
converted dwelling unit
(c)
duplex dwelling
(d)
group home in accordance with Section 6.20
(e)
public use in accordance with Section 5.381 (as amended by 4316Y-12)
(f)
semi-detached dwelling
7.4.2 Zone Requirements:
Semi-Detached Dwelling:
(a)
Minimum lot frontage per unit
9.0 m (29.53 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 6
7
(b)
Minimum lot area per unit
334 m² (3595 ft²)
(c)
Maximum lot coverage per unit
33%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback
1.5 m (5 ft)
(g)
Minimum interior side yard setback for common wall
0 m (0 ft)
(h)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(i)
Minimum rear yard setback
7.5 m (24.6 ft)
(j)
Minimum dwelling floor area
93 m² (1001 ft²)
(k)
Maximum building height
10.0 m (32.8 ft)
(l)
Minimum accessory building yards setback
1.5 m (5 ft)
(m) Minimum setback of uncovered, unenclosed or
covered patio or deck form requires a side yard
setback of
0.6 m (2 ft)
(n)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
Duplex Dwelling:
(a)
Minimum lot frontage
18.0 m (60 ft)
(b)
Minimum lot area
668 m²(7190.5 ft²)
(c)
Maximum lot coverage
33%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback
1.5 m (5 ft)
(g)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum dwelling floor area
93 m² (1001 ft²)
(j)
Maximum building height
10.0 m (32.8 ft)
(k)
Minimum accessory building yards setback
1.5 m (5 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.5
RESIDENTIAL MULTIPLE (RM1) ZONE
In the Old Town Community Zoning District - Residential Multiple (RM1) Zone, no land
shall be used and no building or structure shall be used, altered or erected except in
accordance with the following uses and provisions:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 7
7
7.5.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
apartment building
(c)
converted dwelling unit
(d)
four-plex or quadraplex dwelling
(e)
triplex dwelling
(f)
public use in accordance with Section 5.381 (as amended by 4316Y-12)
(g)
townhouse or row dwelling
7.5.2 Zone Requirements:
7.5.2.1 A Triplex, Four-plex, Quadraplex and 3 or 4 Unit Converted Dwelling:
(a)
Minimum lot frontage
18.0 m (60 ft)
(b)
Minimum lot area
668 m²(7190.5 ft²)
(c)
Maximum lot coverage
40%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback
1.5 m (5 ft)
(g)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum dwelling unit floor area
1)
Bachelor unit
2)
1 bedroom unit
3)
2 bedroom unit
4)
3 bedroom unit
37 m² (400 ft²)
55.7 m² (600 ft²)
69 m² (743 ft²)
80 m² (861 ft²)
(j)
Maximum building height
10.0 m (32.8 ft)
(k)
Minimum accessory building yards setback
1.5 m (5 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.5.2.2 A Townhouse or Row-house Dwelling:
(a)
Minimum lot frontage:
1)
Interior unit
2)
Exterior unit
7.5 m (24.6 ft)
9.0 m (29.53 ft)
(b)
Minimum lot area per unit
195 m² (2099 ft²)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
25%
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 8
7
(e)
Minimum front yard setback
6.0 m (19.69 ft)
(f)
Minimum interior side yard setback
-- for common walls
1.5 m (5 ft)
0 m (0 ft)
(g)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum dwelling floor area
84 m² (904 ft²)
(j)
Maximum building height
10 m (32.8 ft)
(k)
Minimum accessory building yards setback
0.5 m (1.64 ft)
(l)
Minimum setback of uncovered, unenclosed or
covered patio or deck form requires a side yard
setback
0.6 m (2 ft)
(m) Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.5.2.3 An Apartment Building:
(a)
Minimum lot frontage
25.0 m (82 ft)
(b)
Minimum lot area
912 m²(9817 ft²)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
25%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback
5 m (16.4 ft)
(g)
Minimum exterior side yard setback
7.5 m (24.6 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum dwelling unit floor area:
1)
Bachelor unit
2)
1 bedroom unit
3)
2 bedroom unit
4)
3 bedroom unit
37 m² (400 ft²)
55.7 m² (600 ft²)
69 m² (743 ft²)
80 m² (861 ft²)
(j)
Maximum building height
12.0 m (39.4 ft)
(k)
Minimum accessory building yards setback
1.5 m (5 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.6
RESIDENTIAL DEVELOPMENT (RD) ZONE
In the Old Town Community Zoning District - Residential Development (RD) Zone, no
land shall be used and no building or structure shall be used, altered or erected except
in accordance with the following uses and provisions:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 9
7
7.6.1 Permitted Uses:
(a)
existing uses
7.6.2 Zone Requirements:
(a)
additions to an existing single detached dwelling shall be in accordance
with Section 7.3.2
(b)
as existing
NOTE: This zone is a development zone intending that the lands so zoned shall be
developed for residential purposes at a subsequent date. The appropriate zone
category shall be established through a zoning By-law amendment.
7.7
QUEEN PICTON COMMERCIAL (QPC) ZONE
In the Old Town Community Zoning District - Queen Picton Commercial (QPC) Zone, no
land shall be used and no building or structure shall be used, altered or erected except
in accordance with the following uses and provisions:
7.7.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bake shop
(c)
bank or financial institution
(d)
business or professional office
(e)
community centre
(f)
existing grocery store, with limited outdoor display of goods
(g)
hotel
(h)
outdoor patio restaurant, in accordance with Section 6.36
(i)
personal service establishment (as amended by 4316AC-12)
(j)
residential unit in accordance with Section 6.48
(k)
restaurant (as amended by 4316J-11)
(l)
retail store
(m)
theatre
(n)
vacation apartment (added by 4316AI-13, OMB PL130581, December 5, 2013)
7.7.2 Prohibited Uses:
Take out restaurant. (as amended by 4316J-11)
7.7.3 Required Lot Frontage and Lot Depth:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 10
7
Lots located within the Queen Picton Commercial (QPC) Zone shall have a lot
frontage and lot depth based on the average of the lot frontages and lot depths of
existing lots in the same Block Face that the lot is located.
7.7.4 Required Yard Setbacks:
Rear yard setback for buildings located within the Queen Picton Commercial
(QPC) Zone shall be established by the average of the rear yard setbacks within
the same Block Face that the lot is located. Exterior yard setbacks for new
buildings and/or building additions located on lots with an exterior side yard
within the Queen Picton Commercial (QPC) Zone shall have a building exterior
side yard setback based on the average exterior side yard setback of existing
buildings on the other lots in the same intersection. There shall be no front yard
or interior side yard requirements for buildings located within the Queen Picton
Commercial (QPC) Zone.
7.7.5 Required Building Height:
The height of existing buildings in the Queen Picton Commercial (QPC) Zone
shall not be increased. The building height for new buildings located within the
Queen Picton Commercial (QPC) Zone shall be the average of existing building
heights within the same Block Face that the new building is located.
7.7.6 Required Building Lot Coverage:
Building lot coverage for lots located within the Queen Picton Commercial (QPC)
Zone shall have a maximum building lot coverage based on the average of the
lot coverage of existing buildings within the same Block Face that the building is
located. Where the building lot coverage of the properties having a location within
the same Block Face cannot be determined, the maximum lot coverage shall be
seventy-five per cent (75%). (as amended by 4316J-11)
7.7.7 Buffer Strip:
Where an interior side yard or rear yard of a lot located within the Queen Picton
Commercial (QPC) Zone abuts a residential zone, a strip of land adjacent to the
adjoining lot line being a minimum of 1.524 m (5 ft) in width shall be used as a
buffer strip and shall consist of a continuous natural living fence and be in
accordance with Section 6.6
7.8
GENERAL COMMERCIAL (GC) ZONE
In the Old Town Community Zoning District - General Commercial (GC) Zone, no land
shall be used and no building or structure shall be used, altered or erected except in
accordance with the following uses and provisions:
7.8.1 Permitted Uses:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 11
7
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
art, craft or photography studio
(c)
automobile service station
(d)
bake shop
(e)
bank or financial institution
(f)
business or professional office
(g)
commercial recreation facility
(h)
convenience store
(i)
community centre
(j)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(k)
funeral home or undertaking establishment
(l)
hotel
(m)
outdoor patio restaurant, as a secondary use to an existing restaurant in
accordance with Section 6.36
(n)
personal service establishment (as amended by 4316J-11)
(o)
printing or binding establishment
(p)
private club
(q)
rental outlet
(r)
residential unit in accordance with Section 6.48
(s)
restaurant
(t)
retail store
(u)
service establishment
(v)
take-out restaurant
(w)
tavern
(x)
theatre
(y)
vacation apartment (added by 4316AI-13, OMB PL130581, December 5, 2013)
(z)
veterinarian clinic
(aa)
villa (added by 4316AI-13, OMB PL130581, December 5, 2013)
7.8.2 Zone Requirements:
(a)
Minimum lot frontage
15.0 m (49.2 ft)
(b)
Minimum lot area
464 m² (4994.62 ft²)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 12
7
(e)
Minimum front yard setback
4.5 m (14.76 ft)
(f)
Minimum interior side yard setback
1.2 m (3.94 ft)
(g)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum building height
10.0 m (32.8 ft)
(j)
Maximum building height
10.5 m (34.45 ft)
(k)
Minimum accessory building yards setback
(as amended by 4316Y-12)
1.2 m (3.94 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.8.3 Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned General Commercial
(GC) abuts a residential zone, a strip of land adjacent to the adjoining lot line
being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in
accordance with Section 6.6.
7.9
MARINE COMMERCIAL (MC) ZONE
In the Old Town Community Zoning District - Marine Commercial (MC) Zone, no land
shall be used and no building or structure shall be used, altered or erected except in
accordance with the following uses and provisions:
7.9.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
boat storage establishment
(c)
dock
(d)
hotel
(e)
marina
(f)
marine passenger service terminal
(g)
marine retail or outfitting outlet
(h)
motel
(i)
sail maker
(j)
parking lot
(k)
private club
(l)
residential unit in accordance with Section 6.48
(m)
swimming area
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 13
7
7.9.2 Zone Requirements:
(a)
Minimum lot frontage
18.0 m (59 ft)
(b)
Minimum lot area
668 m² (7190.53 ft²)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
4.5 m (14.76 ft)
(f)
Minimum interior side yard setback
1.2 m (3.94 ft)
(g)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum building height
10.5 m (34.45 ft)
(j)
Maximum building height
10.5 m (34.45 ft)
(k)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.9.3 Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned Marine Commercial
(MC) abuts a residential zone, a strip of land adjacent to the adjoining lot line
being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in
accordance with Section 6.6.
7.10
INSTITUTIONAL (I) ZONE
In the Old Town Community Zoning District - Institutional (I) Zone, no land shall be used
and no building or structure shall be used, altered or erected except in accordance with
the following uses and provisions:
7.10.1
Permitted Uses: (as amended by 4316Y-12)
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
ambulance service detachment
(c)
cemetery
(d)
church or religious institution
(e)
community centre
(f)
day care centre
(g)
fire hall
(h)
hospital
(i)
library
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 14
7
(j)
museum
(k)
nursing home
(l)
public use in accordance with Section 5.381 (as amended by 4315Y-12)
(m)
school
7.10.2
Zone Requirements:
(a)
Minimum lot frontage
36.5 m (119.75 ft)
(b)
Minimum lot area
1387 m² (14930.03 ft²)
(c)
Maximum lot coverage
15%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
15.0 m (49.2 ft)
(f)
Minimum interior side yard setback
3.0 m (9.84 ft)
(g)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Minimum and maximum building height
10.5 m (34.45 ft)
(j)
Maximum building height
10.5 m (34.45 ft)
(k)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-12)
4.5 m (14.76 ft)
7.10.3
Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned Institutional (I) abuts a
residential zone, a strip of land adjacent to the adjoining lot line being a minimum
of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with
Section 6.6.
7.11
OPEN SPACE (OS) ZONE
In the Old Town Community Zoning District - Open Space (OS) Zone, no land shall be
used and no building or structure shall be used, altered or erected except in accordance
with the following uses and provisions:
7.11.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
existing golf course
(c)
picnic area
(d)
private club
(e)
public or private park
(f)
public use in accordance with Section 5.381 (as amended by 4315Y-12)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 15
7
(g)
recreational use
(h)
uses permitted by the Niagara Parks Act
7.11.2
Zone Requirements:
(a)
Minimum lot frontage
n/a
(b)
Minimum lot area
n/a
(c)
Maximum lot coverage
5%
(d)
Minimum landscaped open space
n/a
(e)
Minimum front yard setback
15.0 m (49.2 ft)
(f)
Minimum interior side yard setback
3.0 m (9.84 ft)
(g)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(h)
Minimum rear yard setback
7.5 m (24.6 ft)
(i)
Maximum building height
8.6 m (28.22 ft)
(j)
Minimum accessory building yards setback
1.2 m (3.94 ft)
7.12
HOLDING (H-1) ZONE
In the Old Town Community Zoning District - Holding (H-1) Zone, no land shall be used
and no building or structure shall be used, altered or erected except in accordance with
the following uses and provisions:
7.12.1
Permitted Uses:
(a)
existing uses
NOTE: Final zone designation is subject to the approval of the secondary plan and to an
amendment of the Comprehensive Zoning By-law.
7.13
ENVIRONMENTAL CONSERVATION ZONE OVERLAY
The Environmental Conservation Zone Overlay provides regulations for new
development, additions to existing development, and setbacks from each natural feature
as listed.
For each natural feature, there is a list of permitted uses within the feature and a list of
permitted uses adjacent to the feature, along with a number of regulations. These include
minimum setbacks, and studies required to determine the effect of development on the natural feature.
Where the following zoning regulations specify that a use is permitted subject to an
Environmental Impact Study (EIS), no new building or structure and no expansion to any
existing building or structure shall be permitted unless it has been demonstrated through
an EIS that there will be no negative impact on the adjacent natural feature.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 16
7
7.13.1
Water Feature 1
7.13.1.1
Permitted Uses:
(a)
conservation management activities and uses, subject to an
environmental impact study (EIS).
(b)
existing private boathouses and docks
(c)
permitted uses adjacent to Water Feature 1:
(1)
Existing dwellings, buildings and structures
(2)
Expansions to existing dwellings, building and structures,
subject to an environmental impact study (EIS)
(3)
Existing accessory buildings and structures in accordance
with Section 6.1, including expansions, subject to an
environmental impact study (EIS)
(4)
Single detached dwelling and accessory buildings on
existing lots of record subject to clearance from the
Niagara Peninsula Conservation Authority (NPCA)
(5)
Infrastructure
(d)
public boat launch and dock, subject to an environmental impact
study (EIS).
(e)
uses pursuant to the Niagara Parks Act on Niagara Parks
Commission land in accordance with Section 1.2. (as amended by
4316C-09 OMB Decision PLO90912)
7.13.1.2
Zoning requirements:
(a)
Within 30 m of the edge of the feature an environmental impact
study (EIS) is required to determine the required minimum
setback, with a minimum setback no less than 30 m required. A
narrower buffer may be considered where the EIS has
demonstrated it will not harm fish or fish habitat, but in no case
shall the buffer be less than 15 m.
(b)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
7.13.2 Water Feature 2
7.13.2.1
Permitted Uses:
(a)
conservation management activities and uses, subject to an
environmental impact study (EIS).
(b)
existing private boathouses and docks.
(c)
permitted uses adjacent to Water Feature 2:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 17
7
(1)
Existing dwellings, buildings and structures
(2)
Expansions to existing dwellings, building and structures,
subject to an environmental impact study (EIS)
(3)
Existing accessory buildings and structures in accordance
with Section 6.1, including expansions, subject to an
environmental impact study (EIS).
(4)
Single detached dwelling and accessory buildings on
existing lots of record subject to clearance from the
Niagara Peninsula Conservation Authority (NPCA).
(5)
Infrastructure
(d)
public boat launch and dock, subject to an environmental impact
study (EIS).
7.13.2.2
Zoning requirements:
(a)
Within 30 m of the edge of the feature an EIS is required to
determine the required minimum setback, with a minimum setback
no less than 15 m required. A narrower buffer may be considered
where the EIS has demonstrated it will not harm fish or fish
habitat.
(b)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
7.13.3
Regional Environmental Conservation Area
7.13.3.1
Permitted Uses:
(a)
conservation management activities and uses subject to an
environmental impact study (EIS)
(b)
existing accessory buildings and structures in accordance with
Section 6.1, including expansions, subject to an environmental
impact study (EIS)
(c)
existing dwellings, buildings and structures
(d)
existing public and private parks
(e)
existing private boathouses and docks
(f)
expansions to existing dwellings, building and structures, subject
to an environmental impact study (EIS)
(g)
infrastructure
(h)
public boat launch and dock, subject to an environmental impact
study (EIS)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 18
7
(i)
single detached dwelling and accessory buildings on existing lots
of record subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
(j)
uses pursuant to the Niagara Parks Act on Niagara Parks
Commission land in accordance with Section 1.2. (as amended by
4316C-09 OMB Decision PLO90912)
7.13.3.2
Zoning requirements:
(a)
Within 50 m of the edge of the conservation area, an EIS is
required to determine the minimum setback
(b)
A single detached dwelling is permitted within a significant
woodland on existing lots of record, but will require an
environmental impact study (EIS) and clearance from the Niagara
Peninsula Conservation Authority (NPCA).
(c)
Development subject to clearance from the Niagara Peninsula
Conservation
Authority
(NPCA)
and
the
Niagara
Parks
Commission.
7.13.4
NPCA Regulation Area
7.13.4.1
Development subject to NPCA approval
7.13.5
Water body
7.13.5.1
Permitted Uses:
(a)
conservation management activities and uses, subject to an
environmental impact study (EIS)
(b)
existing private boathouses and docks
(c)
infrastructure
(d)
permitted uses adjacent to a water body:
(1)
existing accessory buildings and structures in accordance
with Section 6.1, including expansions, subject to an
environmental impact study (EIS)
(2)
existing dwellings, buildings and structures
(3)
existing public and private parks
(4)
expansions to existing dwellings, building and structures,
subject to an environmental impact study (EIS)
(5)
infrastructure
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 19
7
(6)
single detached dwelling and accessory buildings on
existing lots of record subject to clearance from the
Niagara Peninsula Conservation Authority (NPCA)
(e)
public boat launch and dock, subject to an environmental impact
study (EIS)
(f)
uses pursuant to the Niagara Parks Act on Niagara Parks
Commission land in accordance with Section 1.2. (as amended by
4316C-09 OMB Decision PLO90912)
7.13.5.2
Zoning requirements:
(a)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 20
7
7.14
SITE SPECIFIC EXCEPTIONS
7.14.1
The Village Subdivision, Niagara Stone Road - See Schedule 'A-3' (C6, C7, C7-M,
OS, OS-1, R1-A, R1-A1, RM5, & RM5-1) (as amended by 4316J-11 and 4316AX-14)
Notwithstanding the provisions of the Residential, Commercial and Open Space Zones,
for lands located within the Village Subdivision identified as (C6), (C7), (C7-M), (OS),
(OS-1), (R1-A), (R1-A1), (RM5), and (RM5-1) on Schedule 'A-3' and shown on Figure
7.14.1F below, the following Zones, permitted uses and zone requirements shall apply:
(sections were renumbered by 4316J-11)
7.14.1.1
Local Commercial (C6) Zone
7.14.1.1.1
Permitted Uses
(a)
bank or financial institution
(b)
business and professional offices and clinics
(c)
convenience store
(d)
outdoor patio restaurant, as a secondary use to an existing restaurant
(e)
personal service establishment
(f)
residential dwelling units above and/or behind any permitted use
(g)
restaurant
(h)
retail stores
(i)
take-out food restaurant
(j)
vacation apartment (added by 4316AI-13, OMB PL130581, December 5, 2013)
7.14.1.1.2
Zone Requirements
(a)
Minimum setback from Regional Road 55
All other building setbacks shall be regulated by
the architectural codes contained in the
subdivision agreement
15 m (49.2 ft)
(b)
Maximum building height
11 m (36 ft)
(c)
Maximum lot coverage
80%
(d)
Floor area restrictions:
(1) Maximum gross leasable floor area for a
single use
(2) Maximum total gross leasable floor area for
all uses in a Local Commercial (C6) Zone
(3) The floor area restrictions shall not apply to
business and professional offices and
clinics
557 m1858 m²
(19,999.35 ft²)
(5,995.49 ft²)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 21
7
(e)
Minimum dwelling unit area:
(1)
One bedroom dwelling unit
(2)
Two bedroom dwelling unit
(3)
Three bedroom dwelling unit
41 m² (441.33 ft²)
69 m² (742.73 ft²)
80 m² (861.14 ft²)
7.14.1.2
Commercial (C7) Zone
7.14.1.2.1
Permitted Uses
(a)
clubhouse
(b)
micro-brewery
(h)
outdoor event area:
An outdoor event area / tent area is permitted subject to a maximum of 26
events each calendar year [each event not to exceed 12 hours per day in
duration], and shall be subject to the following provisions:
(1)
minimum setback of 100 m from any residential zone (RM5 and
RM5-1 Zone categories) shall be provided.
(2)
hours of operation shall be limited to between 10:00 a.m. and
10:00 p.m.
(3)
the use shall be permitted to operate throughout the year to the
maximum number of events permitted.
(4)
there shall be no amplified music or public address system.
(5)
maximum of one (1) event shall be permitted at any given time.
(6)
all outdoor lighting shall be deflected away from any residential
area.
(7)
minimum of twenty-five (25) on-site parking spaces shall be
provided.
(8)
the provisions of Section 6.27, Loading Space Requirements,
shall not apply.
(e)
public use
(d)
religious institution
(g)
residential dwelling unit above and/or behind any permitted use
(i)
retail and service uses:
(1)
business and professional office and clinic
(2)
custom workshop
(3)
outdoor patio restaurant, as a secondary use to an existing
restaurant.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 22
7
(4)
personal service establishment
(5)
public market (as amended by 4316J-11)
(6)
retail store
(7)
restaurant
(8)
take-out food restaurant
(c)
school
(f)
theatre
(j)
vacation apartment (added by 4316AI-13, OMB PL130581, December 5, 2013)
7.14.1.2.2
Zone Requirements
(a)
Minimum setback from Regional Road 55
All other building setbacks shall be regulated by
the architectural codes contained in the
subdivision agreement
15 m (49.2 ft)
(b)
Maximum building height
11 m (36 ft)
(c)
Maximum lot coverage
80%
(d)
Floor area restrictions for retail and service use:
(1) Maximum gross leasable floor area for a
single use
557 m² (5995.49 ft²)
(2) Maximum total gross leasable floor area for
all retail and service uses
7000 m² (75349.83 ft²)
(e)
Minimum dwelling area:
(1) One bedroom dwelling
41 m² (441.33 ft²)
(2) Two bedroom dwelling
69 m² (742.73 ft²)
(3) Three bedroom dwelling
80 m² (861.14 ft²)
(f)
Off street parking requirements in accordance with Section 7.14.1.9 (c) (as
amended by 4316Y-12)
7.14.1.3
Commercial - Mixed (C7-M) Zone
7.14.1.3.1
Permitted Uses:
(a)
any use permitted in the Commercial (C7) Zone subject to the zone
requirements of that zone
(b)
any use permitted in the Medium Density Residential (RM5-1) Zone
subject to the zone requirements of that zone
7.14.1.3.2
Zone Requirement:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 23
7
(a)
Notwithstanding the permitted uses in the Commercial - Mixed (C7-M)
Zone, at build-out for land within this zone, a minimum of 51% of the total
ground floor area of all buildings shall be devoted to commercial use
7.14.1.4
Open Space (OS) Zone
7.14.1.4.1
Permitted Uses:
(a)
Landscaped open space
7.14.1.4.2
Zone Requirements:
(a)
Minimum setback from Regional Road 55
All other building setbacks shall be regulated by
the architectural codes contained in the
subdivision agreement
15 m (49.2 ft)
(b)
Maximum lot coverage
10%
(c)
Maximum building height
5 m (16.4 ft)
(d)
Off street parking requirements in accordance with Section 7.14.1.9 (c)
(as amended by 4316Y-12)
7.14.1.5
Open Space (OS-1) Zone
7.14.1.5.1
Permitted Uses:
(a)
landscaped open space
(b)
recreational use (as amended by 4316J-11)
7.14.1.5.2
Zone Requirements:
(a)
Building setbacks shall be regulated by the
architectural codes contained in the subdivision
agreement
15 m (49.2 ft)
(b)
Maximum lot coverage
15%
(c)
Maximum building height
5 m (16.4 ft)
(d)
Off street parking requirements in accordance with Section 7.14.1.9 (c)
(as amended by 4316Y-12)
7.14.1.6
Residential (R1-A) Zone:
7.14.1.6.1
Permitted Uses:
(a)
accessory buildings and structures
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 24
7
(b)
bed and breakfast establishment
(c)
group home except for a group home for the socially disadvantaged, a
group home for alcoholics, a group home for ex-offenders and community
resource centres subject to Section 6.20
(d)
home occupation including a private workshop in an accessory building
that is operated by the resident of the dwelling for the purposes of making
home crafts. Home crafts are not permitted to be sold from the property.
(e)
lodging house providing accommodation for a maximum of two (2)
roomers or boarders per dwelling
(f)
single detached dwelling (Type A or Type B)
7.14.1.6.2
Zone Requirements:
(a)
Single Detached Dwelling Type A:
(1)
Minimum lot frontage
21 m (69 ft)
(2)
Minimum lot area
520 m² (5597.42 ft²)
(3)
Maximum lot coverage
40%
(4)
Minimum landscaped open space
33%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement.
(6)
Minimum dwelling unit area
93 m² (1001 ft²)
(7)
Maximum building height
9.5 m (31.17 ft)
(8)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(b)
Single Detached Dwelling Type B:
(1)
Minimum lot frontage
18 m (59 ft)
(2)
Minimum lot area
446 m² (4800.86 ft²)
(3)
Maximum lot coverage
50%
(4)
Minimum landscaped open space
33%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement.
(6)
Minimum dwelling unit area
93 m² (1001 ft²)
(7)
Maximum building height
9.5 m (31.17 ft)
(8)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(c)
Rear yard building restriction:
(1)
Notwithstanding the accessory buildings and structures provisions of
Section 7.14.1.9, no person shall within a required rear yard building
setback of 7.6 m (24.93 ft) of a Residential (R1-A) Zone erect, or
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 25
7
construct any building or structure for any purpose except for one
accessory building having a maximum floor area of 13.37 m², a
minimum building setback of 1.5 m (5 ft) from any property line and a
maximum building height of 3.0 m (9.84 ft) which shall not be used
for the storage or parking of an automobile. This provision shall not
apply to swimming pools. (as amended by 4316Y-12)
7.14.1.7
Medium Density Residential (RM5) Zone
7.14.1.7.1
Permitted Uses:
(a)
accessory buildings and structures
(b)
any use permitted in a Residential (R1-A) Zone
(c)
group home except for a group home for the socially disadvantaged, a
group home for alcoholics, a group home for ex-offenders and community
resource centres subject to Section 6.20
(d)
home occupation including an office or a workshop for the purposes of
making home crafts may be permitted in a accessory building provided
that office or workshop is operated by a resident of the dwelling. There
shall be no retail sales of items, goods or products permitted from these
premises;
(e)
lodging house providing accommodation for a maximum of two (2)
roomers or boarders per dwelling
(f)
semi-detached dwelling
(g)
single detached dwelling (Type C and Type D)
(h)
townhouse dwelling
7.14.1.7.2
Zone Requirements:
(a)
A use permitted in a Residential (R1-A) Zone shall be in accordance with
the Zone Requirements of Section 7.14.1.6.2 (as amended by 4316Y-12)
(b)
Single Detached Dwelling Type C:
(1)
Minimum lot frontage
8.5 m (27.89 ft)
(2)
Minimum lot area
225 m² (2421.88 ft²)
(3)
Maximum lot coverage
65%
(4)
Minimum landscaped open space
15%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement
(6)
Minimum dwelling unit area
93 m² (1001 ft²)
(7)
Maximum building height
9.5 m (31.17 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 26
7
(8)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(c)
Single Detached Dwelling Type D:
(1)
No frontage on a public road, access by private lane.
(2)
Minimum lot area
225 m² (2421.88 ft²)
(3)
Maximum lot coverage
65%
(4)
Minimum landscaped open space
15%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement.
(6)
Minimum outdoor privacy area
20 m²
(7)
Minimum dwelling unit area
93 m² (1001 ft²)
(8)
Maximum building height
9.5 m (31.17 ft)
(9)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(d)
Semi Detached Dwelling or Townhouse Dwelling:
(1)
Minimum lot frontage per unit
6.0 m (19.69 ft)
(2)
Minimum lot area per unit
160 m² (1722.22 ft²)
(3)
Maximum lot coverage
80%
(4)
Minimum landscaped open space
10%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement.
(6)
Minimum dwelling unit area
83 m² (893.40 ft²)
(7)
Maximum building height
9.5 m (31.17 ft)
(8)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
7.14.1.8
Medium Density Residential (RM5-1) Zone
7.14.1.8.1
Permitted Uses:
(a)
accessory buildings and structures
(b)
any use permitted in the Medium Density Residential (RM5) Zone
(c)
apartment building
(d)
home occupation including an office or a workshop for the purposes of
making home crafts may be permitted in an accessory building provided
that office or workshop is operated by a resident of the dwelling
(e)
nursing home
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 27
7
(f)
Retirement Residence - one hundred twenty (120) suites
7.14.1.8.2
Zone Requirements:
(a)
A use permitted in the Medium Density (RM5) Zone shall be in
accordance with the Zone Requirements of Section 7.14.1.7.2 (as
amended by 4316Y-12)
(b)
Apartment building:
(1)
Minimum lot frontage
18 m (59 ft)
(2)
Minimum lot area
50 m² per unit
(3)
Maximum lot coverage
provided that an Open Space (OS-1) Zone
is within 20 m (65.62 ft) of the subject
property,
otherwise
the
maximum
lot
coverage shall be 40%.
80%
(4)
Minimum landscaped open space
provided that an Open Space (OS-1) Zone
is within 20 m (65.62 ft) of the subject
property;
otherwise
the
minimum
landscaped open space requirement shall
be 33%.
10%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement
(6)
Minimum dwelling unit area:
(i)
One bedroom unit
(ii)
Two bedroom unit
(iii) Three bedroom unit or greater
41 m² (441.33 ft²)
69 m² (742.73 ft²)
80 m² (861.14 ft²)
(7)
Maximum building height
11 m (36 ft)
(8)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(c)
Retirement Residence:
(1)
Minimum lot area
0.82 ha (2.0 ac)
(2)
Minimum lot frontage (Rampart Street)
106.2 m (348.4 ft)
(3)
Minimum lot depth
77.5 m (254.3 ft)
(4)
Maximum lot coverage
43%
(5)
Maximum building height (measured at
Rampart St)
14.1 m 46.5 ft
(6)
Minimum westerly setback (from Niven
Road)
3.9 m (12.8 ft)
(7)
Minimum easterly setback (from Rampart
St)
4 m (13.1 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 28
7
(8)
Minimum northerly side yard setback
24.6 m (80.9 ft)
(9)
Minimum southerly side yard setback
2 m (6.56 ft)
(10) Minimum setback from Niven Road for
Pavilion
6.4 m (20.9 ft)
(11) Parking spaces
not less than 40
spaces
(12) Loading spaces
1
(d)
Nursing Home:
(1)
Minimum lot frontage
18 m (59 ft)
(2)
Minimum lot area
0.2 ha (0.49 ac)
(3)
Maximum lot coverage
provided that an Open Space (OS-1) Zone
is within 20 m (65.62 ft) of the subject
property,
otherwise
the
maximum
lot
coverage shall be 40%
80%
(4)
Minimum landscaped open space provided
that an Open Space (OS-1) Zone is within
20 m (65.62 ft) of the subject property;
otherwise the minimum landscaped open
space requirement shall be 33%
10%
(5)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement
(6)
Maximum building height
11 m (36 ft)
(7)
Minimum parking requirement in accordance with Section 7.14.1.9
(c) (as amended by 4316Y-12)
(8)
Maximum number of beds
120
7.14.1.9
General Provisions of The Village Subdivision
(a)
Building restriction near Two Mile Creek: no building or structure shall be
located within the flood line of Two Mile Creek. Buildings or structures
proposed to be located within the fill line of Two Mile Creek shall require
the approval of the Niagara Peninsula Conservation Authority or
designated authority having jurisdiction.
(b)
Accessory buildings and structures: accessory buildings and structures
shall be permitted in all residential, commercial and open space zones
subject to the following requirements:
(1)
Minimum setback from Regional Road 55 .................. 15 m (49.2 ft)
(2)
Building setbacks shall be regulated by the architectural code
contained in the subdivision agreement.
(3)
Shall not be located in the front yard of any residential zone.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 29
7
(4)
Shall not be used for human habitation.
(5)
Maximum height... ........................................................ 5.5 m (18 ft)
save and except for those accessory structures located in the
required rear yard of a Residential (R1-A) Zone (as amended by
4316J-11)
(6)
Maximum lot coverage:
(i)
Residential (R1-A) Zone ............................................... 11%
(as amended by 4316J-11)
(ii)
Any other Zone .............................................................. 23%
(as amended by 4316AS-14)
(c)
Off street parking requirement:
(1)
Commercial Zones:
(i)
Micro-brewery and custom workshop .......... 1 space for
every 90 m² of manufacturing area and 1 space for every
33 m² (355.22 ft²) of secondary retail sales area or
restaurant area.
(ii)
All other permitted uses ............................... 1 space for
every 33 m² (355.22 ft²) of gross leasable floor area.
(iii)
1 space per dwelling unit
(2)
Residential Zones:
(a)
Single detached dwelling (all types) ........... 2 space per unit
(b)
Semi-detached dwelling
or townhouse dwelling ............................... 2 spaces per unit
(c)
Apartment building ....................... 1 space per dwelling unit
(d)
Nursing home ........................................ 1 space per 4 beds
(e)
Second dwellings ......................... 1 space per dwelling unit
(3)
Open Space Zones:
(a)
Landscaped open space ....................... no parking required
(b)
Low impact recreational use ............. 1 space per employee
(4)
The off street parking requirements for a commercial use, an
apartment building or a nursing home may be provided on a
separate lot zoned Local Commercial (C6) Zone, Commercial (C7)
Zone, Commercial - Mixed (C7-M) Zone, or Medium Density
Residential (RM5-1) and is within 180 m of the building to which
the parking requirement applies.
(5)
Tandem parking to a maximum depth of one tandem space may
be permitted to meet the off street parking requirements in a
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 30
7
residential zone excluding apartment buildings and nursing
homes.
(6)
The requirements of Section 6.40 Parking Space Requirements,
additional provisions (i) shall not apply. (as amended by 4316J-11)
(7)
The minimum parking length requirements of Section 6.38 (g) of
General Provisions, may be decreased to 5.5 m for the second
required parking space which backs onto a private laneway. (as
amended by 4316AS-14)
(d)
Building height means the vertical distance between grade and:
(1)
In the case of a flat roof, the highest point of the roof surface or
the parapet, whichever is greater;
(2)
In the case of a mansard roof, the deck roof line; and,
(3)
In the case of a gable, hip or gambrel roof, the mean height
between the eaves and the ridge.
(e)
Notwithstanding the provisions of Section 6.45, a building or structure
may be erected upon a lot or block within a plan of subdivision which
provides for the creation of lots that front on a public walkway and have
rear access from a private road, provided that private road will be
constructed and maintained to the satisfaction of the Town, and that the
Town, by way of an agreement, is permitted the right of access for
emergency purposes and is absolved of any future maintenance or
acquisition of such private road.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 31
7
Figure 7.14.1F: The Village Subdivision, Niagara Stone Road
7.14.1.10 "Residential (R1-A-1) Zone:
7.14.1.10.1
Permitted Uses:
a)
any use permitted in a Residential (R1-A) Zone
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 32
7
7.14.1.10.2
Zone Requirements:
(a)
A use permitted in the Residential (R1-A-1) Zone shall be in accordance
with the Zone Requirements of Section 7.14.1.6.2, in addition to the
following provisions
(1)
Minimum front yard setback
6.0 m (19.69 ft)
(2)
The location of an attached garage shall be on the north side of the
dwelling
7.14.2
2256 Niagara Stone Road - St. Andrew's Glen Subdivision - See Schedule 'A-3'
(R1-2)
Notwithstanding the provisions of the Residential and Open Space Zones lands located
within the St. Andrew's Glen Subdivision as identified as (R1-2) on Schedule 'A-3', the
following permitted uses and zone requirements shall apply:
7.14.2.1 R1-2 Permitted Uses:
(a)
accessory buildings and structures
(b)
single detached dwelling unit
(c)
townhouse dwelling unit
7.14.2.2 R1-2 Zone Requirements:
7.14.2.2.1 Single Detached Dwellings:
(a)
Maximum number of dwelling units
52
(b)
Minimum lot frontage on a private street or lane
13.0 m (42.65 ft)
(c)
Minimum lot area
390 m² (4198.06 ft²)
(d)
Minimum building setback from an interior side
lot line
1.0 m (3.28 ft)
(e)
Minimum side yard setbacks for:
(1)
Lot 13
(2)
Lot 14
7.0 m (22.97 ft)
8.0 m (26.24 ft)
(f)
Minimum building setback from any other lot line
2.0 m (6.56 ft)
(g)
Minimum building setback for an attached or
detached garage
1.0 m (3.28 ft)
(h)
Minimum setback for an unenclosed porch, steps
or deck
1.0 m (3.28 ft)
(i)
Maximum lot coverage including accessory
buildings and structures:
(1)
Lots 1-14, 65-67
- for small dwelling and garage
- for large dwelling and garage
32%
35%
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 33
7
(2)
Lots 15-56
[excluding lot 41 and townhouse units]
- for small dwelling and garage
- for large dwelling and garage
40.5%
46%
(3)
Lots 57-65
- for small dwelling and garage
- for large dwelling and garage
17%
20%
(j)
Maximum building height
8.5 m (27.89 ft)
(k)
Minimum outdoor privacy area
27 m² (290.64 ft²)
(l)
Minimum off-street parking requirement
2 spaces/unit
(m)
Minimum dwelling unit area
93 m² (1001 ft²)
(n)
Minimum setback for a garage from a private
laneway
1.0 m (3.28 ft)
7.14.2.2.2 Townhouse Dwelling Units:
(a)
Maximum number of dwelling units
15
(b)
Minimum lot exposure on a private street or lane
7 m (22.97 ft)
(c)
Minimum lot area
190 m² (2045.21 ft²)
(d)
Minimum building setback from an interior side
lot line
0.0m
(e)
Minimum side yard setback for lot 41
7.5 m (24.6 ft)
(f)
Minimum building setback from any other lot line
2.0 m (6.56 ft)
(g)
Minimum setback for an unenclosed porch, steps
or deck
1.0 m (3.28 ft)
(h)
Maximum lot coverage including accessory
buildings and structure:
(1) Townhouse lots 39-41 & 42-53
- for small dwelling and garage
- for large dwelling and garage.
32%
43%
(i)
Maximum building height
9.4 m (30.84 ft)
(j)
Minimum outdoor privacy area
27 m² (290.64 ft²)
(k)
Minimum off-street parking requirement
2 spaces / unit
(l)
Minimum dwelling unit area
93 m² (1001 ft²)
(m)
Minimum setback for garage from a private
laneway
1.0 m (3.28 ft)
7.14.2.2.3
Accessory Buildings and Structures:
(a)
Accessory building and structures are not permitted in a front yard
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 34
7
(b)
Minimum setback from any property line
0.5 m (1.64 ft)
(c)
Minimum building height
4.0 m (13.12 ft)
7.14.2.3
General Provisions:
(a)
Tandem parking to meet the off-street parking requirements of this By-law
is permitted to a maximum depth of one tandem parking space.
(b)
No buildings or structures shall be permitted within 7.6 m (24.93 ft) of the
"Open Space (OS) Zone" without written approval from the Niagara
Peninsula Conservation Authority.
(c)
Steps to a deck porch or entrance to a dwelling are permitted to encroach
to a property line.
(d)
Section 6.45 "Public Street Frontage Required" shall not apply.
(e)
Height means, when use with reference to a building, the vertical distance
between grade and:
(1)
In the case of a flat roof, the highest point of the roof surface or
the parapet, whichever is greater;
(2)
In the case of a mansard roof, the deck roof line, and;
(3)
In the case of a gable, hip or gambrel roof, the roof ridge
(f)
Along the east property boundary of the lands a landscape strip shall be
provided having a minimum width of 2 m (6.56 ft).
7.14.3
1897 Lakeshore Road, Butler's Creek Subdivision (Single Detached Residential) -
See Schedule 'A-3' (R1-3)
Notwithstanding the provisions of the Residential (R1) Zone, lands located within the
Butler's Creek Subdivision, and identified as (R1-3) on Schedule 'A-3', the following
permitted uses and zone requirements shall apply:
7.14.3.1 R1-3 Permitted Uses:
(a)
accessory structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
(c)
home occupation or home profession in accordance with Section 6.24
(d)
single detached dwelling unit
7.14.3.2 R1-3 Zone Requirements:
(a)
Maximum number of dwelling units
18
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 35
7
(b)
Minimum lot frontage
16 m (52.5 ft)
(c)
Minimum lot area
657m² (7072 ft²)
(d)
Minimum lot depth:
(1)
Lots 2 and 16
(2)
All other lots
19 m (62.34 ft)
30 m (100 ft)
(e)
Maximum building height to peak of roof
measured from the grade at the front of the
dwelling
10.7 m (35.10 ft)
(f)
Maximum lot coverage
33%
(g)
Maximum lot coverage for lot 8
37%
(h)
Minimum landscaped open space
35%
(i)
Maximum accessory building height
4.5 m (14.76 ft)
(j)
Minimum front, rear and side yard requirement and ground floor area shall
be regulated in the Subdivider's Agreement
7.14.4
1897 Lakeshore Road - Butler's Creek Subdivision (Townhouses) - See Schedule
'A-3' (RM1-4) & (OS-4)
Notwithstanding the provisions of the Residential Multiple (RM1) Zone and the Open
Space (OS) Zone, lands located within the Butler's Creek Subdivision identified as RM1-
4 and OS-4 on Schedule 'A-3' and shown on Figure 7.14.4F below, the following
permitted uses and zone requirements shall apply:
7.14.4.1
RM1 - 4 Permitted Uses:
(a)
accessory structures in accordance with Section 6.1
(b)
bed and breakfast establishment in accordance with Section 6.5
(c)
home occupation or home profession within a single detached dwelling in
accordance with Section 6.24
(d)
single detached dwelling
(e)
townhouse dwelling units
7.14.4.2 RM1 - 4 Zone Requirements:
(a)
Maximum number of dwelling units
24
(b)
Single detached dwelling:
(1)
Minimum lot frontage per unit
15.3 m (50.19 ft)
(2)
Minimum lot area
468 m² (5037.7 ft²)
(3)
Minimum lot depth
22 m (72.17 ft)
(4)
Maximum building height measured from
front grade to peak of roof.
8.5 m (28 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 36
7
(5)
Maximum lot coverage
40%
(6)
Minimum landscaped open space
30% of lot area
(7)
Maximum accessory building height
4.5 m (14.76 ft)
(8)
Minimum front, rear and side yard requirement and ground floor
area shall be regulated in the Subdivider's Agreement
(c)
Townhouse dwelling units:
(1)
Minimum lot frontage per unit
7 m (22.9 ft)
(2)
Minimum lot area per unit
322.0 m² (3466 ft²)
(3)
Minimum lot depth
22 m (72.17 ft)
(4)
Maximum building height measured from
front grade to peak of roof
8.5 m (28 ft)
(5)
Minimum exterior wall setback
1.2 m (3.94 ft)
(6)
Minimum front yard setback from private
road
3.5 m (11.48 ft)
(7)
Maximum lot coverage
65%
(8)
Minimum landscaped open space
30% of lot area
(9)
Maximum accessory building height
4.5 m (14.76 ft)
(10)
Minimum front, rear and side yard requirement and ground floor area
shall be regulated in the Subdivider's Agreement
7.14.4.3 Where a yard abuts a property with an existing dwelling at the time of passing
this By-law, a minimum setback of 7.62 m (25 ft) shall apply. The required
setback of 7.62 m (25 ft) shall apply to the main building and, where a side yard
abuts a property with an existing dwelling at the time of passing of this By-law, a
minimum side yard of 3.0 m (9.84 ft) shall apply to the main building.
7.14.4.4 Notwithstanding anything contained in the Residential Multiple (RM1) Zone only
one (1) storey townhouse dwelling unit or one (1) storey single detached dwelling
shall be permitted where the lot directly abuts a property with a single detached
dwelling existing at the time of passing of this By-law.
7.14.4.5 Uncovered patios, porches, decks, steps and balconies may encroach into a
required rear yard setback to a maximum of 2.74 m, provided that they are not
more than 0.6 m (2 ft) above grade measured at the rear of the dwelling when
abutting residential uses and shall not exceed 2.74 m above grade measured at
the rear of the dwelling when abutting along the ravine of Two Mile Creek,
provided that a 7.5 m (24.6 ft) structural setback is maintained from Two Mile
Creek top of bank for all structural developments on lots 7-13 and Block 21.
7.14.4.6 Parking Requirements shall be regulated in the Subdivider's Agreement.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 37
7
7.14.4.7 Open Space (OS) Zone - Permitted Uses:
(a)
No structural development is permitted
Figure 7.14.4F: 1897 Lakeshore Road, Butler's Creek Subdivision
7.14.5
The Wilderness - 407 King Street - See Schedule 'A-1' (ER-5)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
known as The Wilderness identified as ER-5 on Schedule 'A-1', the following permitted
uses and zone requirements shall apply:
7.14.5.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
bed and breakfast established in accordance with Section 6.5
(c)
existing single detached dwelling
(d)
home occupation or home profession in accordance with Section 6.24
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 38
7
7.14.5.2 Zone Requirements:
(a)
Minimum lot frontage
as existing
(b)
Minimum lot area
as existing
(c)
Building setbacks
as existing
7.14.6
River Beach Townhouses - 35-45 Melville Street - See Schedule 'A-1' (RM1-6)
Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for lands known
as the River Beach Townhouse development, identified as RM1-6 on Schedule 'A-1' and
shown on Figure 7.14.6F below, only the following permitted uses and zone
requirements shall apply:
7.14.6.1
Permitted Uses:
(a)
eleven (11) townhouse dwellings
(b)
home occupation or home profession in accordance with Section 6.24
7.14.6.2
Zone Requirements:
(a)
Minimum lot frontage
28 m (91.86 ft)
(b)
Minimum lot depth
49 m (160.76 ft)
(c)
Minimum lot area
1450 m² (15608.18 ft²)
(d)
Maximum lot coverage
55%
(e)
Maximum building height from existing grade
10 m (32.8 ft)
(f)
Minimum setback for parking areas along interior
side lot line
0.0 m (0 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 39
7
Figure 7.14.6F: 35-45 Melville Street, River Beach Townhouses
7.14.7
433 King Street (Brockamour Manor), 328 Queen Street, 287 Davy Street - See
Schedules 'A-1' & 'A-3' (ER-7)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-7 on Schedules 'A-1' & 'A-3', the following permitted uses shall apply:
7.14.7.1
Permitted Uses:
(a)
home occupation or a home profession in accordance with Section 6.24
(b)
single detached dwelling
(c)
six (6) room Country Inn in accordance with Section 6.10
7.14.8
493 Regent Street - See Schedule 'A-1' (ER-8)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-8 on Schedule 'A-1', the following permitted uses shall apply:
7.14.8.1
Permitted Uses:
(a)
five (5) room Country Inn in accordance with Section 6.10
(b)
home occupation or a home profession in accordance with Section 6.24
(c)
single detached dwelling
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 40
7
7.14.9
242 Simcoe Street - See Schedule 'A-1' (ER-9)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-9 on Schedule 'A-1', the following permitted uses and zone
requirements shall apply:
7.14.9.1
Permitted Uses:
(a)
five (5) room Country Inn in accordance with Section 6.10
(b)
home occupation or a home profession in accordance with Section 6.24
(c)
single detached dwelling
7.14.9.2
Zone Requirements:
(a)
Minimum lot frontage
16.4 m
(b)
Minimum rear yard setback of dwelling
1.52 m (5 ft)
(c)
Minimum exterior side yard setback of dwelling
3.04 m (9.97 ft)
(d)
Minimum exterior side yard setback of shed
0.6 m (2 ft)
(e)
Minimum exterior side yard setback of change house
0 m
(f)
The existing pool, shed and change house shall be permitted within the
existing front yard setback of the dwelling at 242 Simcoe Street
(g)
Seven (7) parking spaces for the Country Inn shall be permitted in the
existing front yard of the dwelling at 242 Simcoe Street
(h)
The use of the existing pool shall not be permitted for guests of the
Country Inn permitted herein, and shall be subject to the following:
(1) The pool must meet the standards set in Public Pool Regulation
Health Protection and Promotion Act prior to opening;
(2) The owner shall obtain and maintain in force at all times an insurance
policy with public liability coverage limits of at least two million dollars
(CDN $2,000,000.00) per occurrence wherein the Town is a named
insured with respect to any and all claims arising from the use of the
pool on the Owner's property. The owner shall provide proof of such
insurance from time to time promptly upon receipt of a written request
from the Town. The Owner covenants and hereby agrees that he
shall indemnify and hold harmless the Town from any and all claims,
actions causes of action, costs, losses or damages of every nature
arising from the use of the pool on the Owner's property;
(3) The Owner shall erect fencing, locks and signage sufficient to
prevent guests from using the pool.
7.14.10 170 Mary Street - See Schedule 'A-1' (ER-10)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-10 on Schedule 'A-1', the following permitted uses shall apply:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 41
7
7.14.10.1 Permitted Uses:
(a)
single detached dwelling
(b)
ten (10) room Country Inn in accordance with Section 6.10
7.14.11 10 Front Street (Old Bank House) - See Schedule 'A-1' (ER-11)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-11 on Schedule 'A-1', the following permitted uses shall apply:
7.14.11.1 Permitted Uses:
(a)
nine (9) room Country Inn in accordance with Section 6.10
(b)
single detached dwelling
7.14.12 95 Johnson Street - See Schedule 'A-1' (ER-12)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-12 on Schedule 'A-1', the following permitted uses and zone
requirements shall apply:
7.14.12.1 Permitted Uses:
(a)
five (5) room Country Inn in accordance with Section 6.10
(b)
home occupation or home profession in accordance with Section 6.24
(c)
single detached dwelling
7.14.12.2 Zone Parking Requirements:
(a)
A minimum of eight (8) parking spaces shall be provided on-site at the
rate of:
(1)
One (1) space per each guest room
(2)
Two (2) spaces per dwelling unit
(3)
One (1) space per employee
(b)
Stacked parking is not permitted
7.14.13 105 Johnson Street - See Schedule 'A-1' (ER-13)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-13 on Schedule 'A-1', the following permitted uses shall apply:
7.14.13.1 Permitted Uses:
(a)
four (4) room bed and breakfast operation which is to be operated by an
owner who is also a resident of the property
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 42
7
(b)
home occupation or a home profession in accordance with Section 6.24
(c)
single detached dwelling
7.14.13.2 Zone Requirements:
(a)
Front yard setback (for existing dwelling)
2.37 m (7.8ft)
(b)
South easterly side yard setback (for existing dwelling)
0.80 m (2.94 ft)
(c)
Parking area setback from front lot line
1.524 m (5 ft)
7.14.14 184 Queen Street - See Schedule 'A-1'(ER-14)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as ER-14 on Schedule 'A-1', the following permitted uses shall apply:
7.14.14.1 Permitted Uses:
(a)
country inn with a maximum of six (6) guest rooms which is to be
operated by the owner who must also be a resident of the property
(b)
home occupation or home profession in accordance with Section 6.24
(c)
single detached dwelling
7.14.15 School of Philosophy (144 - 176 John Street) - See Schedule 'A-2' (ER-15)
Notwithstanding the provisions of the Established Residential (ER) Zone as identified as
ER-15 on Schedule 'A-2', the following permitted uses and zone requirements shall
apply:
7.14.15.1 Permitted Uses:
(b)
private school (as amended by 4316J-11)
(a)
single detached dwelling
7.14.15.2 Zone Requirements:
(a)
Maximum lot coverage
5%
(b)
All other provisions of the Established Residential (ER2) Zone continue to
apply
7.14.16 289 Ricardo Street - See Schedule 'A-1' (ER-16)
Notwithstanding the provisions of the "One Family Residential (R1) Zone, the following
provisions shall apply to those lands identified as ER-16 on Schedule 'A-1' and shown
on Figure 7.14.16F below:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 43
7
7.14.16.1 Zone Requirements:
PART 1: MAIN BUILDING
(a)
Minimum lot frontage
18.29 m (60 ft)
(b)
Maximum lot coverage
33%
(c)
Minimum front yard setback
29.0 m (95.1 ft)
(d)
Minimum rear yard setback
[measured from north limit of Part 4]
15.0 m (49.2 ft)
(e)
Minimum side yard setback (East Side)
3.05 m (10 ft)
(f)
Minimum side yard setback (West Side)
6.1 m (20 ft)
(g)
Maximum building height.
existing
PART 2:
(a)
Minimum lot frontage
19.04 m (62.4 ft)
(b)
Maximum lot coverage
38%
(c)
Minimum front yard setback
19.0 m (62.4 ft)
(d)
Minimum rear yard setback
[measured from north limit of Part 4]
15.0 m (49.2 ft)
(e)
Minimum side yard setback (East Side)
1.5 m (5 ft)
(f)
Minimum side yard setback (West Side)
3.05 m (10 ft)
(g)
Maximum building height
9.75 m (32 ft)
PART 3:
(a)
Minimum lot frontage
15.21 m (49.9 ft)
(b)
Maximum lot coverage
45%
(c)
Minimum front yard setback
20.0 m (65.6 ft)
(d)
Minimum rear yard setback
[measured from north limit of Part 4]
15.0 m (49.2 ft)
(e)
Minimum side yard setback (East Side)
1.5 m (5 ft)
(f)
Minimum side yard setback (West Side)
1.5 m (5 ft)
(g)
Maximum building height.
9.14 m (30 ft)
Notwithstanding the provisions of Section 6.1 Accessory Uses, paragraph (b), a detached
garage may be located in front of the front line of the building on lands identified as Part 1,
Part 2, and Part 3 on the following sketch, and shall be subject to the following provisions:
Part 1
(a)
Setback a minimum distance of 15.24 m (50 ft) from the front line of the property
line.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 44
7
(b)
Setback a minimum distance of 1.5 m (5 ft) from the side lot line.
Part 2 & Part 3
(a)
Setback a minimum distance of 6.1 m (20 ft) from the front property line.
(b)
Setback a minimum distance of 1.5 m (5 ft) from the side lot line.
Figure 7.14.16F: 289 Ricardo Street
7.14.17 575 Simcoe Street - Copperfield Subdivision - See Schedule 'A-2' (R2-17) &
(RM1-17)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 45
7
Notwithstanding the provisions of the Residential (R2) Zone and the Residential Multiple
(RM1) Zone), for lands identified as (R2-17) & (RM1-17) on Schedule 'A-2', the following
zone requirements shall apply:
7.14.17.1 Permitted Uses - R2-17:
(a)
maximum number of units......................4
7.14.17.2 Zone Requirements - R2-17:
(a)
Minimum building setback from Mississagua Street
7.6 m (24.93 ft)
(b)
Minimum building setback from south lot line
3.5 m (11.48 ft)
(c)
Minimum building setback from northeast and
southwest lot line
2.78 m (9 ft)
(d)
Minimum lot depth
25.9 m (85 ft)
(e)
Maximum building height to peak of roof
9.7 m (32 ft)
7.14.17.3 Only Permitted Uses - RM1-17:
(a)
maximum 14 multiple family dwelling units
7.14.17.4 Zone Requirements - RM1-17:
(a)
All dwelling units must have a garage attached to form part of each
dwelling unit.
(b)
Minimum frontage
9 m (29.53 ft)
(c)
Minimum lot depth
23.0 m (75.46 ft)
(d)
Minimum lot area
210 m² (2260.49 ft²)
(e)
Minimum front yard setback
0.95 m (3.12 ft)
(f)
Minimum rear yard setback
7.62 m (25 ft)
(g)
Minimum interior side yard setback: north & south
0 m (0 ft)
(h)
Minimum exterior side yard setback
2 m (6.56 ft)
(i)
Maximum lot coverage
60%
(j)
The lots shown as RM1-17 on Schedule A-2 shall be considered to have
frontage on a public road being the interior private roadway for the
purpose of setback requirements.
(k)
An unenclosed and uncovered porch, patio, deck, balcony or steps may
project into any required front or rear yard a maximum distance of 2.5 m
(8.2 ft) and 3.5 m (11.48 ft) in a required side yard provided that in the
case of a porch or steps, such uses are not more than 1.8 m (5.9 ft) above
grade.
7.14.18 153 King St. Niagara Masonic Hall - (Roll # 3-163) - See Schedule 'A-1' (I-18)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 46
7
Notwithstanding the provisions of the Institutional (I) Zone, for lands identified as (I-18)
on Schedule 'A-1', the following permitted secondary uses and zone requirements shall
apply:
7.14.18.1 Permitted secondary uses in association with and secondary to the main use of
the lands:
(a)
all secondary uses shall not exceed a maximum floor area of 67.88 m²
(730.75 ft²)
(b)
art Gallery
(c)
business or Professional Office
7.14.18.2 Zone requirements:
(a)
Minimum lot area
632.18 m² (6,805 ft²)
(b)
Minimum frontage
19.80 m (64.99 ft)
(c)
Minimum depth
31.87 m (104.58 ft)
(d)
Maximum lot coverage
38%
(e)
Minimum front yard setback (king street)
0 m
(f)
Minimum exterior side yard setback
0 m
(g)
Minimum interior side yard setback
0.91 m (3 ft)
7.14.19 85 Melville Street - (Roll # 1-225) - See Schedule 'A-1' (MC-19)
Notwithstanding the provisions of the Marine Commercial (MC) Zone regarding the lands
and buildings located at 85 Melville, only the following use shall be permitted on the
lands identified at Figure 7.14.19F below and shown as MC-19 on Schedule 'A-1':
7.14.9.1
Permitted Use:
(a)
hotel with private breakfast room, but not including a restaurant or patio
open to the public.
7.14.19.2 Zone Requirements:
(a)
Minimum yard setback from Melville Street
0 m (0 ft)
(b)
Minimum yard setback from Delater Street
17.67 m (58 ft)
(c)
Minimum yard setback from Ricardo Street
1.52 m (5 ft)
(d)
Minimum yard setback from any property line
abutting a residential use
3.65 m (12 ft)
(e)
The setback for that portion of the hotel nearest to the point of intersection
between the boundaries of Lots 2, 3 and 4 of Plan M-16 shall be 3.35 m
(11 ft)
(f)
A loading space shall not be required for the hotel use.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 47
7
Figure 7.14.19F: 85 Melville Street
7.14.20 16, 16½ and 18 Circle Street (Chautauqua Amphitheatre) - Roll # 7-004 - See
Schedule 'A-3' (ER2-20)
Notwithstanding the provisions of the Established Residential (ER) Zone for lands
identified as (ER2-20) on Schedule 'A-3', the following provisions shall apply:
7.14.20.1 Lot Requirement for 16 and 16½ Circle St. (combined):
(a)
Minimum lot area
462.6 m² (4980 ft²)
(b)
Minimum lot frontage
14.7 m (48.5 ft)
(c)
Minimum lot depth
33.8 m (111 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 48
7
(b)
Maximum lot coverage
as existing on the date of passing of this
By-law
7.14.20.2 Building Setbacks for 16 Circle St.:
(a)
Minimum front yard setback
as existing on the date of passing of this
By-law
(b)
Minimum rear yard setback
as existing on the date of passing of this
By-law
(c)
Minimum side yard setback
as existing on the date of passing of this
By-law
7.14.20.3 Building Setbacks for 16½ Circle Street:
(a)
Minimum front yard setback
as existing on the date of passing of this
By-law
(b)
Minimum rear yard setback
as existing on the date of passing of this
By-law
(c)
Minimum side yard setback
as existing on the date of passing of this
By-law
7.14.20.4 Lot and Building Requirements for 18 Circle St.
(a)
Minimum lot area
380.4 m² (4095 ft²)
(b)
Minimum lot frontage
17.2 m (56.5 ft)
(c)
Minimum lot depth
29.2 m (96 ft)
(d)
Minimum front yard setback
as existing on the date of passing of this
By-law
(e)
Minimum rear yard setback
as existing on the date of passing of this
By-law
(f)
Minimum side yard setback
as existing on the date of passing of this
By-law
(g)
Minimum side yard setback of existing shed
0.9 m (3 ft)
(h)
Maximum lot coverage
as existing on the date of passing of this
By-law
7.14.20.5 Any future development or redevelopment of 16, 16½ and 18 Circle St. shall be
subject to the provisions of the Established Residential (ER2) Zone.
7.14.21 1875 Lakeshore Road - Avalon Place (Roll # 8-263-8 & 8-280-1) - See Schedule 'A-
3' (R2-21)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 49
7
Notwithstanding the provisions for the Residential (R2) Zone for lands identified as (R2-
21) on Schedule 'A-3', the following special provisions shall apply:
7.14.21.1 Permitted Uses:
(a)
semi-detached dwellings
(b)
single detached dwellings
7.14.21.2 Prohibited Uses:
(a)
the use of the property for a bed and breakfast and / or a home
occupation is prohibited.
7.14.21.3 Zone Requirements:
(a)
Maximum number dwelling units
7 dwelling units to be comprised of
four (4) semi-detached units and three
(3) single detached units
(b)
Minimum lot frontage per unit
5.9 m (19.4 ft.)
(c)
Minimum lot area per unit
292 m² (3143.2 ft²)
(d)
Minimum lot depth
17.8 m (65.6 ft.)
(e)
Minimum front yard setback from condominium
unit line
1.68 m (5.5 ft.)
(f)
Minimum distance between detached units
2.4 m (8.9ft.)
(g)
Side yard setbacks for common walls
0 m (0 ft)
(h)
Maximum building height to peak of roof
10 m (32.8 ft)
(i)
Units limited to one (1) storey in height with
optional loft
Unit 1 & 4
(j)
Maximum lot coverage per individual unit
50%
(k)
Total maximum building coverage for site
20%
(l)
Minimum landscaped open space per unit
40% of the lot area
(m) Minimum unit floor area
100 m² (1076 ft²)
(n)
Minimum parking requirement
2 spaces per unit; only one (1) space
may be stacked behind a required
parking space.
(o)
All structural development must be setback a minimum of 7.5 m (24.6 ft.)
from the existing top of bank.
7.14.22 481 Victoria Street (Roll # 4-174) - See Schedule 'A-1' (RM1-22)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 50
7
Notwithstanding the provisions of the Residential Multiple (RM1) Zone, the lands
identified as (RM1-22) on Schedule 'A-1' and shown on Figure 7.14.22F below, the
following special provisions shall apply:
7.14.22.1 The lands shall be limited in use to a maximum of:
(a)
Ten (10) row house dwellings and one (1) semi-detached dwelling; or
(b)
Ten (10) row house dwellings and two (2) single family dwellings
7.14.22.2
Development of the lands will not exceed a residential net density of twelve
(12) units per acre (thirty (30) units per hectare).
7.14.22.3
Building setbacks from property lines, driveways and between buildings shall
be in accordance with Figure 4 below.
7.14.22.4
Building coverage shall be limited to a maximum of twenty-eight per cent (28%)
of the area of the site.
7.14.22.5
The paved area shall be limited to a maximum twenty-four per cent (24%) of
the area of the site.
7.14.22.6
Landscaped open space shall be a minimum of forty-eight (48%) of the area of
the site.
7.14.22.7
A minimum of eighteen (18) off-street parking spaces shall be provided at a
minimum rate of 1.5 spaces per unit.
7.14.22.8
Accessory buildings are permitted, provided they are directly associated with
the individual dwelling unit, are located behind the front of the dwelling, does
not exceed 6 m (19.69 ft) in area, does not exceed a height of 3.0 m (9.84 ft)
and are set back 0.5 m (1.64 ft) from any property boundary.
7.14.22.9
Outdoor patios are permitted to a maximum height of 1 m (3.28 ft) from grade
and not exceeding 10 m² (107.64 ft²) in area.
7.14.22.10 Unenclosed and covered porches are permitted to encroach into a required
front yard to a maximum of 2 m (6.56 ft).
7.14.22.11 The maximum building height to the peak of the roof shall not be greater than
10 m (32.8 ft).
7.14.22.12 Maximum building height shall be 10 m for all buildings except a maximum
building height of 4 m for the garages along Victoria Street.
7.14.22.13 Minimum condominium driveway width shall be 6.0 m (19.69 ft).
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 51
7
Figure 7.14.22F: 481 Victoria Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 52
7
7.14.23 175 Queen Street (Roll # 4-042) - See Schedule 'A-1' (RM1-23)
Notwithstanding the provisions of the Residential (RM1) Zone, for the lands identified as
(RM1-23) on Schedule 'A-1', only the following uses are permitted:
7.14.23.1 Permitted Uses:
(a)
one single detached dwelling with one accessory building
(b)
six row house dwellings
7.14.23.2 Zone Requirements:
(a)
Maximum lot coverage for development
36%
(b)
Maximum building height of unit 1
existing, plus the height of any new
foundation to a maximum of 8
inches.
(c)
Maximum building height of units 2 to 6
minimum of 0.304 m
(1 ft) less than unit 1
(d)
Maximum building height of unit 7
existing
(e)
Maximum number of storeys unit 1 to 6
2
(f)
Maximum number of storeys for unit 7
1½
(g)
Maximum height of accessory building to the
midpoint of the peak of the roof and eaves
4.5 m (14.76 ft)
(h)
Minimum number of parking spaces
14, 2 parking spaces may be
stacked per unit
(i)
Unenclosed, uncovered patios, decks or balconies are permitted
(j)
Outdoor garbage/recycling storage is not permitted
7.14.24 271 - 275 Mary St. and 450 Butler St. - See Schedule 'A-3' (GC-24)
Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands
identified as (GC-24) on Schedule 'A-3', only the following uses are permitted:
7.14.24.1 Permitted Uses:
(c)
four unit residential building with each unit having a separate private
entrance at grade level
(b)
retail use
(a)
restaurant
7.14.24.2 Notwithstanding the provisions of the screening requirements of the General
Commercial (GC) Zone, the following shall apply:
(a)
A continuous wood fence not less than 1.83 m (6 ft) in height is permitted
in lieu of a continuous hedgerow in the required 3.05 m (10 ft) planting
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 53
7
strip -- storm water works are permitted within the 3.05 m (10 ft) planting
strip
(b)
Parking spaces associated with the four unit residential building shall be
permitted to locate 0 m (0 ft) from the west property line flanking Butler
Street
7.14.25 Simcoe Street & Johnson Street (Lots 1-7) - Peaceacres Subdivision - See
Schedule 'A-1' (ER-25)
Notwithstanding the provisions of the Established Residential (ER) Zone, for the lands
identified as (ER-25) on Schedule 'A-1' and shown on Figure 7.14.25F below, the
following special provisions shall apply:
7.14.25.1 Zone Requirements:
(a)
Minimum lot frontage for Lots 1, 2, 3 & 5
23.72 m (77.8 ft)
(b)
Minimum lot frontage for Lot 4
16.47 m (54.0 ft)
(c)
Minimum lot area
820 m² (8,826.7.ft²)
(d)
Minimum lot depth
48 m (157.5 ft)
(e)
Maximum lot coverage
33%
(f)
Maximum total floor area of dwelling per lot
603.85 m² (6500 ft)
(g)
Minimum front yard setback:
(1) Lot 1 from Johnson Street
7.62 m (25 ft)
(2) Lot 2
2.13 m (6.9 ft)
(3) Lot 3
9.14 m (29.9 ft
(4) Lot 4
1.0 m (3.28 ft)
(5) Lot 5
3.05 m (10 ft)
(h)
Minimum interior side yard setback:
(1) Lot 1
3.05 m (10 ft)
(2) Lot 2 east side
Lot 2 west side
2.13 m (6.9 ft)
4.57 m (15 ft)
(3) Lot 3 east side
Lot 3 west side
3.05 m (10 ft)
2.13 m (6.9 ft)
(4) Lot 4 north side
Lot 4 south side
0.55 m (1.8 ft)
2.13 m (6.9 ft)
(5) Lot 5
2.13 m (6.9 ft)
(i)
Minimum exterior side yard setback:
(1) Lot 1 from Mississagua Street
6.096 m (20 ft)
(j)
Minimum rear yard setback:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 54
7
(1) Lot 1
10.67 m (35 ft)
(2) Lot 2
16 m (52.5 ft)
(3) Lot 3
10.67 m (35 ft)
(4) Lot 4
10.67 m (35 ft)
(5) Lot 5
16 m (52.5 ft)
(k)
Maximum number of stories
2
(l)
Minimum building height
7.3 m (23.9 ft)
(m) Where the dwelling has an attached garage with the garage door
perpendicular to street frontage, the following minimum front yard
setbacks are required for the attached garage portion:
(1) Lot 1 from Johnson Street
7.62 m (25 ft)
(2) Lot 2
2.13 m (6.9 ft)
(3) Lot 3
9.14 m (29.9 ft)
(4) Lot 4
1.0 m (3.28 ft)
(5) Lot 5
3.05 m (10 ft)
(n)
Where the dwelling has an attached garage with the garage door parallel
to street frontage, the minimum front yard setback to the garage portion
shall be 6.7 m (22 ft).
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 55
7
Figure 7.14.25F: Peace Acres Subdivision, Simcoe & Johnson Streets
7.14.26 450 Nassau St. (previously 432 Nassau St & 375 - 377 Mary Street) - See Schedule
'A-3' (RM1-26)
Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for the lands
identified as (RM1-26) on Schedule 'A-3' and shown on Figure 7.14.26F below, only the
following uses are permitted:
7.14.26.1 Permitted Uses - 450 Nassau Street:
(a)
five single detached family dwellings
7.14.26.2 Zone Requirements - 450 Nassau Street:
(a)
Maximum building area
465 m² (5005.38 ft²)
(b)
Maximum lot coverage for development
33%
(c)
Minimum lot frontage
22.76 m (74.66 ft)
(d)
Minimum lot depth
63.0 m (206.69 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 56
7
(e)
Minimum separation between units
2.4 m (7.87 ft)
(f)
Minimum front yard setback
7.5 m (24.6 ft)
(g)
Minimum rear yard setback
7.5 m (24.6 ft)
(h)
Minimum southerly side yard setback
1.5 m (5 ft)
(i)
Minimum northerly side yard setback
3.5 m (11.48 ft)
(j)
Maximum building to top of ridge
8.6 m (28.22 ft)
(k)
Maximum number of storeys
2
(l)
Maximum individual unit size
93.0 m² (1001 ft²)
(m) Minimum number of parking spaces
8 in a location set out in the
following diagram
(n)
Parking area setback
0 m in the southerly side yard
(o)
Side yard projections
an unenclosed or uncovered patio may project
into the northerly side yard by a maximum
distance of 2.5 m (8.2 ft)
Figure 7.14.26F: 450 Nassau Street
7.14.26.3 Zone Requirements - 375-377 Mary Street:
(a)
Minimum lot area
0.26 ha (0.64 ac)
(b)
Minimum front yard setback (Nassau Street)
7.5 m (25 ft)
(c)
Minimum exterior side yard setback (end units)
1.5 m (5 ft)
(d)
Minimum interior side yard setback to lot line
1.5 m (5 ft)
(e)
Minimum interior side yard setback for shared
walls
0 m (0 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 57
7
(f)
Minimum rear yard setback
7.5 m (25 ft)
(g)
Maximum lot coverage
26%
(h)
Maximum building height (to peak of roof)
7.6 m (24.93 ft)
(i)
Maximum number of dwelling units
9
(j)
An unenclosed and uncovered porch, deck, balcony, patio or steps may
project into any required rear or side yard maximum distance of 3.05 m
(10 ft), provided that in the case of a porch or steps such uses are not
more than 1.8 m (5.9 ft) above grade.
7.14.27 651 Simcoe St. (Roll # 3-196), Part Lot 13, Plan 692, Meritage Estates - See
Schedule 'A-2' (R1-27)
Notwithstanding the provisions of the Residential (R1) Zone, for the lands identified as
(R1-27) on Schedule 'A-2' and shown on Figure 7.14.27F below, the following special
provisions shall apply:
7.14.27.1 Permitted Uses:
(a)
single detached residential dwellings
7.14.27.2 Zone Requirements
(a)
Entire development:
(1) Minimum lot area of development
0.78ha (1.92ac)
(2) Maximum number of dwelling units for
development
10
(3) Maximum lot coverage for development
36.1%
(b)
Zone requirements per unit:
(1) Minimum lot frontage per unit
12 m (40 ft.)
(2) Minimum lot depth per unit
17 m (55 ft.)
(3) Minimum lot area per unit
353 m² (3799ft²)
(c)
Maximum lot coverage per unit area:
(1) Units 2, 3, 5, 6 & 7
33%
(2) Unit 4
35%
(3) Unit 8
36%
(4) Units 9 & 10
40%
(5) Unit 1
45%
(d)
Maximum building height (to top of ridge)
9.14 m (30 ft)
(e)
Maximum number of storeys
2
(f)
Minimum front, side & rear yard setbacks as per Figure 7 below
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 58
7
(g)
The lands identified as R1-27 on Schedule 'A-2' shall be exempt from the
"Public Street Frontage Required" of Section 6.45, and the ten (10) lots
shall be considered to have frontage on a public street being the interior
private roadway for the purpose of establishing setback requirements.
Figure 7.14.27F: 651 Simcoe Street (Now Meritage Estates)
7.14.28 245 King Street - See Schedule 'A-1' (QPC-28)
Notwithstanding the provisions of the Queen Picton Commercial (QPC) Zone, for the
lands identified as (QPC-28) on Schedule 'A-1', the following special provisions shall
apply:
7.14.28.1 Permitted Uses:
(a)
existing four room hotel and restaurant
7.14.29 75 Queen Street - See Schedule 'A-1' (QPC-29)
Notwithstanding the provisions of the Queen Picton Commercial (QPC) Zone, for the
lands identified as (QPC-29) on Schedule 'A-1', the following special provisions shall
apply:
7.14.29.1 Permitted Uses:
(a)
commercial uses shall be limited to the main floor
7.14.29.1 Zone Requirements:
(a)
Maximum building height to top of ridge
9.1 m (30 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 59
7
(b)
Minimum individual residential unit size
51.65 m² (556 ft²)
(c)
West side yard
0.3 m (1.0 ft)
7.14.29.3 Notwithstanding the Screening Requirements of the Queen Picton Commercial
(QPC) Zone, the following screening requirements apply:
Screening Requirements:
Where the side or rear lot lines abut a residential zone a strip of land on the lot
adjoining such abutting lot line shall be used for a landscaping strip in
accordance with the following:
(a)
Width
Land required to be used as a landscaping strip shall be of minimum
widths as follows:
(1) Along the north property line
4.1 m (13.5 ft)
(2) Along the east property line
2.9 m (9.51 ft)
(3) Along the south property line
1.5 m (5 ft)
(b)
Contents
The landscaping strips shall be used primarily for the planting of trees and
shrubs, and a solid wooden board fence not less than 1.83 m (6 ft) in
height shall be located along the lot lines where the planting strips are
required.
7.14.30 323 Mary Street - Upper Canada Animal Hospital - See Schedule 'A-3' (GC-30)
Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands
identified as (GC-30) on Schedule 'A-3', only the following uses are permitted:
7.14.30.1 Permitted Uses:
(a)
animal hospital
(b)
bank or other financial establishment
(c)
business or professional office
(d)
retail store
(e)
service shop
7.14.31 228 Queen Street - See Schedule 'A-1' (GC-31)
Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands
identified as (GC-31) on Schedule 'A-1' and shown on Figure 7.14.31F below, only the
following uses are permitted:
7.14.31.1 Permitted Uses:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 60
7
(a)
accessory buildings are as per those shown on Figure 7.14.31 F-1 (as
amended by 4316X-12)
(b)
single detached dwelling provided the twenty-four (24) room hotel with
restaurant, meeting room and spa facilities does not exist on the site. (as
amended by 4316X-12)
(c)
twenty-four (24) room hotel with a restaurant, meeting room and spa
facilities.
7.14.31.2 Zone Requirements:
(a)
Minimum lot area
0.87 ha (2.1 ac)
(b)
Minimum lot frontage (Queen Street)
127.3 m (417.7 ft)
(c)
Minimum lot depth (Mississauga Street)
78.44 m (257.35 ft)
(d)
Maximum lot coverage
13%
(e)
Maximum building height
10.66 m (35 ft) to the
peak
(f)
Minimum landscaped area
65%
(g)
Minimum setbacks as shown on Figure 8 overleaf.
(h)
One loading space is required for those uses identified in this site specific
By-law
(i)
Minimum number of required parking spaces required to serve these lands
are fifty-two (52) parking spaces for the following uses / floor areas:
(1) Twenty-four (24) hotel rooms
(2) 615.8 m² (6628 ft²) of restaurant / lounge are including greenhouse
space / kitchen space 240.0 m² (2583 ft²) of spa area and 126.3 m²
(1359 ft²) of spa garden area12.73 m² (137 ft²) of hotel administration
area
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 61
7
Figure 7.14.31F: 228 Queen Street
7.14.31.3 Zone Requirements for a Residential Use: (as amended by 4316X-12)
(a)
Minimum setbacks as identified on Figure 7.14.31F-1.
7.14.31.4 Permitted Temporary Use - Garden Suite: (as amended by 4316X-12)
For the purpose of this by-law, a "Garden Suite" shall be defined as follows:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 62
7
"Garden Suite" shall mean a residential dwelling unit in an accessory building
that is not meant to be permanent and is ancillary to an existing residential
dwelling.
(a)
The "Garden Suite" shall be located within an accessory building being
the southerly carriage house as shown on Figure 7.14.3 F-1.
(b)
The temporary use of the "Garden Suite" shall be in force and in effect for
a maximum period of 10 years from the date of passage of this by-law.
(March 26, 2012)
(c)
The temporary use may be extended by by-law for a period not exceeding
3 years each during which the temporary use is authorized.
Figure 7.14.31F-1: 228 Queen Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 63
7
7.14.32 120 John Street - See Schedule 'A-2' (R1-32 & RM1-32) (as amended by By-law
4316Y-12)
Notwithstanding the provisions of the "Residential (R1) Zone", the following permitted
uses and zone requirements shall apply to the lands identified as R1-32 and RM1-32 on
Schedule 'A-2' and shown as Figure 7.14.32F below:
7.14.32.1 Permitted Uses:
(a)
single family dwelling
7.14.32.1 Prohibited Uses:
(a)
bed and breakfast establishments
7.14.32.3 Zone Requirements:
(a)
Minimum lot frontage
15.2 m (49.90 ft)
(b)
Minimum lot area
430.0 m² (4628.50 ft²)
(c)
Minimum lot depth
21.6 m (70.86 ft)
(d)
Maximum lot coverage*
40%
(e)
Maximum lot coverage for lots 10 & 11*
45 %
(f)
Maximum height of dwelling
8.53 m (28 ft) to peak
of roof
(g)
Minimum front yard setback to dwelling
5.50 m (18.0 ft)
(h)
Minimum front yard setback to covered /
uncovered porch
3.0 m (9.8 ft)
(i)
Minimum front yard setback to attached /
detached garage
8.0 m (26.0 ft)
(j)
Minimum interior side yard setback
1.52 m (5.0 ft)
(k)
Minimum exterior side yard setback
3.0 m (9.8 ft)
(l)
Minimum rear yard setback
7.62 m (25 ft)
(m) Minimum rear yard setback for lots 10 & 11
6.0 m (19.68 ft)
(n)
Minimum interior side yard setback for semi-
detached garages
0.0 m (0 ft)
(o)
Maximum driveway width on lot frontages
3.0 m (9.8 ft)
(p)
Maximum driveway width on lots with flankage
side
6.0 m (19.7 ft)
(q)
Minimum landscaped open space
45% of the lot area
(r)
Minimum parking space
requirement
2 spaces per dwelling located behind the front
face of the dwelling. Only one parking space
may be stacked behind a required parking
space.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 64
7
* Excludes covered decks and porches to a maximum of 37 m² (400 ft²).
Notwithstanding the provisions of the "Multiple Family (RM1) Zone", the following special
provisions shall apply to the lands identified as "Multiple Family (RM1) - Retirement
Residence - Site Specific Zone" as shown on Figure 7.14.32F below:
7.14.32.4 Permitted Uses:
(a)
retirement residence......................100 suites (as amended by 4316AB-12)
7.14.32.5 Zone Requirements:
(a)
Minimum lot area
7025 m² (1.74 ac)
(b)
Minimum lot frontage
67.6 m (221.78 ft)
(c)
Maximum building height to peak of roof *
13.10 M (43.0 ft)
(d)
Minimum front yard setback (from John Street)
11.49 m (37.70 ft)
(e)
Minimum westerly interior side yard setback
3.42 m (11.22 ft)
(f)
Minimum easterly interior side yard setback
3.42 m (11.22 ft)
(g)
Minimum rear yard setback (from Anne Street)
3.24 m (10.63 ft)
(h)
Minimum unit area
28 m² (301.3 ft²)
(as amended by 4316AB-12)
(i)
Maximum lot coverage
45%
(j)
Minimum landscaped open space
45%
(k)
Minimum number of parking spaces **
47
(l)
Minimum number of loading spaces
1 space
*
Ornamental structures, i.e. widows walk, cupolas, to a maximum height of
0.91m (3.0 ft) shall not be included in the height requirement.
**
Where underground parking is provided, each required parking space shall
be at least 2.75 m (9 ft) by 5.5 m (18.0 ft) in size and shall have a minimum
egress and ingress aisle of 6.7 m (22 ft).
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 65
7
Figure 7.14.32F: 120 John Street
7.14.33 180 Mary Street - See Schedule 'A-1' (ER-33)
Notwithstanding the provisions of the Established Residential (ER) Zone, for the lands
identified as (ER-33) on Schedule 'A-1' and shown on Figure 7.14.33F below, the
following provisions shall apply:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 66
7
7.14.33.1 In addition to the uses permitted in the Established Residential (ER) Zone, the
following additional uses are permitted in the existing one-storey, 118.1 m² (1,
271.3 ft²) building as identified on Schedule 'A-1' (ER-33):
(a)
esthetician office as defined in Section 5.165
(b)
professional office as defined in Section 5.74
7.14.33.2 Zone requirements:
(a)
Minimum lot area
581.9 m² (6,263.9 ft²)
(b)
Minimum lot frontage
17.07 m (56ft)
(c)
Minimum lot depth
34.09 m (111.9 ft)
(d)
Minimum
number
of
parking
spaces
for
esthetician office
1 space per 28 m²
(300 ft²) of floor area
(e)
Minimum number of parking spaces for existing
118.1 m² (1271.26 ft²) building
5 spaces
7.14.33.3 Notwithstanding Section 6.38 "Parking Requirements" of this By-law, the
minimum driveway width shall be as shown on Figure 10 below.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 67
7
Figure 7.14.33F: 180 Mary Street
7.14.33.4 A 1.5 m planting strip shall be provided along and immediately adjacent to the
southern property line. The planting strip shall be used for no other purpose than
for a row of trees or a continuous hedgerow of evergreen or shrubs not less than
1.5 m (5 ft) high.
7.14.34 507 Butler Street, William Stewart Homestead - See Schedule 'A-3' (I-34)
Notwithstanding the provisions of the Institutional (I) Zone, for lands identified as (I-34)
on Schedule 'A-3', only the following special provisions shall apply:
7.14.34.1 Permitted Uses:
(a)
museum
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 68
7
(b)
research facility
(c)
single family residential dwelling
7.14.34.2 Zone Requirements:
(a)
Minimum lot area
0.07 ha (0.17 acres)
(b)
Minimum lot frontage - Butler Street
25.68 m (84.21 ft)
(c)
Minimum lot depth - John Street
27.45 m (90.00 ft)
(d)
Minimum front yard setback - existing William
Stewart Homestead
0 m (0 ft)
(e)
Minimum front yard setback - existing shed
1.52 m (5 ft)
(f)
Minimum side yard setback - existing William
Stewart Homestead
0 m (0 ft)
(g)
Minimum setback - parking area from John street
3.05 m (10 ft)
(h)
Minimum setback - drive (carriage) shed from
residential zone
2.13 m (7 ft)
(i)
Maximum height - drive (carriage) shed
5.03 m (16.5 ft)
(j)
Maximum lot coverage
33 %
(k)
Minimum landscaped area
15 %
7.14.35 186 Ricardo Street, 177 & 189 Byron Street, - See Schedule 'A-1' (MC-35)
Notwithstanding the provisions of the Marine Commercial (MC) Zone, for lands identified
as (MC-35) on Schedule 'A-1' and shown on Figure 7.14.35F below, the following
special provisions shall apply:
7.14.35.1 Permitted Uses:
(a)
eating establishment including a restaurant outdoor patio subject to the
provisions of Section 6.36 Outdoor Patio Restaurant and notwithstanding
Section 6.36 (k) a restaurant outdoor patio may be permitted on the
landscaped roof top areas.
(b)
hotel with a maximum of seventy-four (74) guest units
(c)
retail stores
7.14.35.2 Zone Requirements:
(a)
Minimum lot area
0.97 ha (2.4 ac)
(b)
Minimum lot frontage: Byron Street
83.69 m (274.2 ft)
(c)
Ricardo Street
71.89 m (235.9 ft)
(d)
Maximum total lot coverage of development
including
historical
building
and
roof
top
landscaped areas
55.3%
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 69
7
(e)
Maximum area of roof top landscaped areas
26.1%
(f)
Minimum total landscaped area of development
including roof top landscaped area
48.5%
(g)
Setbacks as per Figure 7.14.35F.
7.14.35.3 The required number of parking spaces shall be in accordance with Section 6.39
Parking Space Requirements. The number of parking spaces required shall be
two hundred one (201) including twelve (12) tandem parking spaces plus
required loading spaces for the following uses and floor areas:
(a)
Seventy-four (74) hotel units
(b)
Restaurant space of
287.9 m² (3,100 ft²)
(c)
Restaurant outdoor patio
90 m² (968.8 ft²)
(d)
Retail areas of
836.1 m² (9,000 ft²)
(e)
Spa / fitness area of
375.1 m² (4,038 ft²)
(f)
Administration areas of
355.3 m² (3,825 ft²)
(g)
Members space of
247.5m² (2,664 ft²)
(h)
Conference / meeting areas of
150.5 m² (1,620 ft²)
(i)
Restaurant kitchen area of
266.6 m² (2,870 ft²)
(j)
Existing heritage resource building at 177 Byron Street
7.14.35.4 Notwithstanding Section 6.39 Parking Space Requirements, required parking
spaces for the following uses shall be calculated at a rate of 1 space for every
37.16 m² (400 ft²) of floor area:
(a)
administration areas
(b)
members space
(c)
conference / meeting areas
(d)
restaurant kitchen area
7.14.35.5 Notwithstanding Section 6.39 Parking Space Requirements the location of the
surface parking area shall be along Byron Street on both sides of the main
entrance. This surface parking is as per Figure 7.14.35F below.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 70
7
Figure 7.14.35F: 186 Ricardo Street, and 177 & 189 Byron Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 71
7
7.14.36 390 Mary Street - See Schedule 'A-3' (GC-36)
Notwithstanding the provisions of the General Commercial (GC) Zone, for lands
identified as (GC-36) on Schedule 'A-3', the following special provisions shall also apply:
7.14.36.1 Permitted Uses:
(a)
nine (9) room hotel
7.14.36.2 Notwithstanding the provisions of Section 6.48 (f) Residential Use in Non-
Residential Building, a dwelling unit shall be permitted on the ground floor of a
non-residential building.
7.14.36.3 The provisions of Section 6.27, Loading Spaces Requirements, shall not apply.
7.14.37 2228 Niagara Stone Road - See Schedule 'A-3' (GC-37 & OS-37)
(as amended by 4316J-11)
Notwithstanding the provisions of the General Commercial and Open Space Zones, for
lands identified as GC-37 and OS-37 on Schedule 'A-3', (as per Figure 7.14.37F), the
following additional permitted use and zone requirements shall apply:
7.14.37.1 Permitted Uses:
(a)
shopping centre
7.14.37.2 Prohibited Uses:
(a)
fast food restaurant and / or drive through restaurant
7.14.37.3 Zone Requirements:
(a)
Minimum setback of parking area from top of
bank
0 m
(b)
Minimum setback for building from top of bank
4.5 m (14.76 ft)
(c)
Minimum setback for outdoor patio from top of
bank
0 m
(d)
Minimum width of landscaping strip along the
north property line
1.79 m (5.87 ft)
7.14.37.4 Open Space (OS-37) Zone (as amended by 4316J-11)
Permitted Use:
(a)
no structural development is permitted.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 72
7
Figure 7.14.37F: 2228 Niagara Stone Road
7.14.38 569-589 (WS King Street), "Evergreen Estates", - See Schedule 'A-2' (RM1-38) (as
amended by 4316V-12)
Notwithstanding the provisions of the Residential Multiple (RM1) Zone, the following
special provisions shall apply to those lands identified as "Old Town Community Zoning
District - Residential (RM1-38) - Site Specific Zone and shown on Figure 7.14.38F(i)
and Figure 7.14.38F(ii):
7.14.38.1 RM1-38 Zone Requirements:
(a)
Maximum number of townhouse units
18
(b)
Minimum front, rear and exterior side yard setbacks of all buildings as
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 73
7
shown on Figure 7.14.38F
(c)
Minimum interior side yard setback
(except that an end wall shall be 1.5 m (5 ft) from
any Residential (R1) zone
0 m
(d)
Total maximum lot coverage for development
55%
(e)
Total
minimum
landscaping
coverage
for
development
35%
(f)
Minimum side yard between townhouse blocks
3.0 m (10 ft)
(g)
Maximum building height to peak of roof
10.69 m (35.0 ft)
(h)
Minimum lot frontage per unit
8.23 m (27.0 ft)
(i)
Minimum lot area per unit
220 m² (2,368.1 ft²)
(j)
Minimum parking spaces per dwelling unit with
one of the required spaces being provided within
the garage
(Only one (1) parking space may be stacked
behind a required parking space.)
2 spaces
(k)
Minimum rear yard setback to an unenclosed
and uncovered porch, deck, patio or step
3.15 m (10.33 ft)
(l)
Section 6.44 (d) shall not apply
Figure 7.14.38F(i): 569-589 WS King Street, Evergreen Estates (Figure i & ii shall be read as one.)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 74
7
Figure 7.14.38F(ii): 569-589 WS King Street, Evergreen Estates (Figure i & ii shall be read as one.)
7.14.39 Regent Street, Pillar & Post, - See Schedules 'A-1' & 'A-2' (GC-39)
Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands
identified as (GC-39) on Schedules 'A-1' & 'A-2' and shown on Figures 7.14.39F(i),
7.14.36F(ii), and 7.14.39F(iii) below, only the following provisions shall apply:
7.14.39.1 Permitted Uses:
The lands are to be used for no other purpose than a hotel and uses secondary
thereto, except that buildings identified as 263 King Street and 46 Mary Street
shall only be used for the following:
(a)
263 King Street - hotel uses not including restaurant or retail uses
(b)
46 Mary Street - administrative office uses secondary to the hotel
operation
7.14.39.2 Zone Requirements:
The minimum setbacks as shown on Figures 7.14.39F (i), (ii) & (iii) below shall
apply to the lands identified as GC-39 on Schedules 'A-1' & 'A-2'.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 75
7
7.14.39.3 Zone Requirements -
Maximum building heights as shown on Figures 7.14.39F (ii) and (iii) attached
shall apply to the lands identified as GC-39 on Schedules 'A-1' & 'A-2'
7.14.39.4 Section 6.39 (i) - Parking Space Requirements, Additional Provisions will not
apply to these lands
7.14.39.5 Notwithstanding Section 6.27, Loading Spaces Requirements, one (1) loading
space, located in the underground parking garage, is required for those new uses
identified in Section 7.14.39.1
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 76
7
Figure 7.14.39F (i): Pillar & Post Hotel, Regent St
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 77
7
7.14.39.6 Notwithstanding Section 6.39, Parking Space Requirements, the minimum
number of required parking spaces required to serve these lands is four hundred
twenty (420) parking spaces for the following uses and floor areas:
Figure 7.14.39F (ii): Pillar & Post Hotel, Regent Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 78
7
Figure 7.14.39F (iii): Pillar & Post Hotel, Regent Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 79
7
Block 1
(Regent, Mary, King and John Streets):
(a)
one hundred forty nine (149) spaces for uses existing as of October 23,
2006.
(b)
eight (8) hotel suites
(c)
938 m² (10,100ft²) of administration space
(d)
Miller House (46 Mary Street): 160 m² (1,721 ft²) of administrative office
space
(e)
Best House (263 King Street): 385.5 m² (4,150 ft²) of hotel use space
Block 2
(Regent, John, King, Anne Streets):
(a)
one hundred fourteen (114) hotel suites
(b)
840.6 m² (9,048 ft²) conference centre
(c)
additional parking of 50 spaces
7.14.40 40 Platoff Street - See Schedule 'A-1' (ER-40)
Notwithstanding the provisions of the Established Residential (ER) Zone, for lands
identified as (ER-40) on Schedule 'A-1', the following provisions shall apply:
7.14.40.1 Permitted Uses:
(a)
six (6) room Country Inn
7.14.40.2 Zone Requirements:
(a)
Building setbacks as existing
7.14.41 590 Mississagua Street, Butler's Gardens Condominiums - See Schedule 'A-2'
(R1-41) (as amended by 4316J-11 and further amended by 4316AN-13)
Notwithstanding the provisions of the "Old Town Community Zoning District - Residential
(R1) Zone" the following provisions shall apply to the lands shown as R1-41 on Schedule
'A-2'.
7.14.41.1 Zone Requirements for R1-41:
(a)
Minimum lot frontage
12.0 m (39.37 ft)
(b)
Minimum lot area
385.0 m² (4144 ft²)
(c)
Maximum lot coverage
53%
(d)
Minimum front yard setback from unit property
line:
To front face of dwelling or covered porch
4.0 m (13.12 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 80
7
To front face of garage
6.0 m (19.68 ft)
(e)
Minimum landscaped open space
25%
(f)
Minimum interior side yard setback
1.2 m (4 ft)
(g)
Minimum exterior side yard setback:
From public road
From private road
4.2 m (13.77 ft)
3.0 m (9.84 ft)
7.14.41.2 Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments, an
unenclosed and uncovered porch, deck, balcony or patio may project into a
required rear yard of a unit 3.5 m (11.48 ft).
7.14.42 230 Davy Street - See Schedule 'A-1' (ER-42)
Notwithstanding the provisions of the "Established Residential (ER) Zone" the following
additional provisions shall be permitted on those lands identified as ER-42 on Schedule
'A-1'.
7.14.42.1 Permitted Uses:
(a)
four (4) room Country Inn in the existing residential dwelling
7.14.43 92 Queen Street - See Schedule 'A-1' (QPC-43)
Notwithstanding the provisions of the "Queen Picton Commercial (QPC) Zone" the
following additional provisions shall be permitted on those lands identified as QPC-43 on
Schedule 'A-1'.
7.14.43.1 Permitted Uses:
(a)
restaurant outdoor patio is a permitted use in the Queen Picton Commercial
(QPC) Zone on land identified as QPC - 43 on Schedule 'A-1'.
7.14.43.2 Zone Requirements:
(a)
The maximum restaurant outdoor patio area shall not exceed 108 m²
(1162.54 ft²)
(b)
Off street parking shall be provided at a rate of one space for every 18.5
m² of outdoor patio area.
(c)
Outdoor patios shall operate between 8:00 a.m. and 11:00 p.m., except
that the second storey restaurant shall not operate after 8:00 p.m.
(d)
The surface of the second storey restaurant outdoor patio shall be limited
to a maximum height of 4.32 m above grade.
7.14.44 94 Prideaux Street - See Schedule 'A-1' (ER- 44)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 81
7
Notwithstanding the provisions of the "One Family Residential (R1) Zone", the following
use is permitted on those lands identified as ER-43 on Schedule 'A-1'.
7.14.44.1 Permitted Uses
(a)
four (4) room country inn in the existing residential dwelling.
7.14.44.2 Zone Requirement
Notwithstanding the provisions of Section 6.10, the following provisions will apply:
(a)
maximum of five (5) required parking spaces for a small scale tourist
facility shall be permitted within a required front yard.
7.14.45 Anne, Regent, Victoria & King Streets [Boatworks Subdivisions] - See Schedule
'A-2' (RD-45)
Notwithstanding the provisions of the "Residential (R1) Zone", for lands identified as RD-
45 on Schedule 'A-2' and shown on Figure 7.14.45F below, the following provisions shall
apply:
7.14.45.1 Permitted Uses:
(a)
Apartment buildings
(b)
Four (4) semi-detached dwellings
(c)
Townhouses
(d)
Twenty (20) single detached dwellings
7.14.45.2 Secondary Uses
(a)
bed and breakfast establishment as defined in Section 6.5 may be
permitted as a secondary use to a single family dwelling provided that the
associated lot meets the minimum lot requirements of 7.14.45.3.
7.14.45.3 Zone Requirements:
SINGLE DETACHED
(a)
Minimum lot frontage
11.58 m (38.0 ft)
(b)
Minimum lot area
360.00 m² (3875 ft²)
(c)
Minimum lot depth
17.68 m (58.0 ft)
(d)
Maximum lot coverage:
1) For lots 1 to 3, 23 to 27 & 31 to 34
2) For lots 28 to 30, & 35 to 43
33%
40%
(e)
Minimum front yard setback to dwelling*.
3.05 m (10 ft)
(f)
Minimum front yard setback to attached /
detached garage
6.0 m (19.69 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 82
7
(g)
Minimum interior side yard setback
1.22 m (4 ft)
(h)
Minimum exterior side yard setback to dwelling /
accessory building
2.4 m (8 ft)
(i)
Minimum rear yard setback to dwelling
7.62 m (25 ft)
(j)
Minimum rear yard setback to dwelling for Lots
32 & 33
3.66 m (12 ft)
(k)
Minimum interior and rear yard setback for
accessory building
1.22 m (4 ft)
(l)
Maximum building height of main building
9.75 m (32 ft)
(m) Minimum landscaped open space
41% of the lot area
(n)
Minimum parking space
requirements
2 spaces per dwelling located behind the front
face of the dwelling. Only one (1) parking
space may be stacked behind a required space
7.14.45.4 Zone Requirements:
SEMI-DETACHED DWELLINGS [** Not permitted on Lots 1 to 3, and 23 to 26]:
(a)
Minimum lot frontage
9.14 m (30.0 ft)
(b)
Minimum lot area
248.28 m² (3060 ft²)
(c)
Minimum lot depth
31.09 m (102.0 ft)
(d)
Maximum lot coverage
36%
(e)
Minimum front yard setback to dwelling*
3.05 m (10 ft)
(f)
Minimum front yard setback to attached /
detached garage
6.0 m (19.69 ft)
(g)
Minimum interior side yard setback
1.22 m (4 ft)
(h)
Minimum setback between common wall
0 m (0 ft)
(i)
Minimum rear yard setback to dwelling
7.62 m (25 ft)
(j)
Minimum interior and rear yard setback for
accessory building
1.22 m (4 ft)
(k)
Maximum building height of main building
9.75 m (32 ft)
(l)
Minimum landscaped open space
41% of the lot area
(m) Minimum parking space
requirements
2 spaces per dwelling located behind the front
face of the dwelling. Only one parking space
may be stacked behind a required space
* For Lots 37 to 43, the front yard is considered to be the Street "A" frontage.
7.14.45.5 Zone Requirements:
TOWNHOUSES
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 83
7
(a)
Maximum number of townhouse units
19
(b)
Minimum lot frontage per unit
7.62 m (25.0 ft)
(c)
Minimum lot area per unit
220.64 m² (2375 ft²)
(d)
Minimum front yard setback to dwelling
3.05 m (10 ft)
(e)
Minimum front yard setback to attached /
detached garage
6.0 m (19.69 ft)
(f)
Minimum interior side yard setback
1.22 m (4 ft)
(g)
Minimum exterior side yard setback
3.0 m (10.0 ft)
(h)
Minimum setback between common wall
0 m (0 ft)
(i)
Minimum setback between townhouse blocks
3.0 m (10.0 ft)
(j)
Minimum rear yard setback to dwelling
7.62 m (25 ft)
(k)
Minimum interior and rear yard setback for
accessory building
1.22 m (4 ft)
(l)
Maximum building height of main building
9.75 m (32 ft)
(m) Maximum lot coverage per townhouse block
45%
(n)
Minimum landscaped open space per townhouse
block
41%
(o)
Minimum parking
space requirements
2 spaces per dwelling located behind the front
face of the dwelling. Only one parking space may
be stacked behind a required space
7.14.45.6 Zone Requirements:
APARTMENT BUILDINGS
(a)
Minimum lot area
0.42 ha (1.03 ac)
(b)
Minimum lot frontage
64.78 m (212.5 ft)
(c)
Maximum number of dwellings units
30
(d)
Minimum front yard setback
3.05 m (10 ft)
(e)
Minimum northerly interior side yard setback
12.80 m (42.0 ft)
(f)
Minimum southerly interior side yard setback
7.62 m (25.0 ft)
(g)
Minimum rear yard setback
12.19 m (40 ft)
(h)
Maximum building height to peak of roof**
9.75 m (32.0 ft)
(i)
Maximum lot coverage
26%
(j)
Minimum landscaped open space
55%
(k)
Minimum parking
space requirements
45 spaces with 39 spaces to be provided
underground
** Ornamental structures, i.e. parapets, to a maximum height of 0.91 m (3.0 ft)
shall not be included in the height requirement.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 84
7
Figure 7.14.45F: Boatworks Subdivision [Anne, Regent, Victoria & King Streets]
7.14.46 242 Mary Street - Schedule 'A-3' (GC-46)
Notwithstanding the provisions of the "General Commercial (GC) Zone", for lands
identified as GC-46 on Schedule 'A-3', the following shall apply:
7.14.46.1 Permitted Uses:
(a)
shopping centre having a total floor area of 16,700 ft².
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 85
7
7.14.46.2 Zone Requirements:
(a)
Minimum number of parking spaces
60
7.14.47 Niagara Stone Road; St. Andrews Glen - Phase 2 (RM1-4) (as amended by 4316H-11)
Notwithstanding the provisions of the Residential Multiple "RM1" zone as per Section 7.5
the following special provisions shall apply : (see figure 7.14.47F below)
7.14.47.1 Permitted Uses on Part 1 and Part 2
(a)
only townhouse dwellings being both vertically stacked and horizontally
integrated, to a maximum of 57 units.
7.14.47.2 Zone Requirements on Part 1 and Part 2
(a)
Minimum lot area per dwelling unit
290 sq.m
(b)
Minimum building setback from an interior lot line
3.9 m
(c)
Minimum building setback from an Open Space
Zone
7.5 m
(d)
Minimum building setback from Balmoral Drive
5.0 m
(e)
Minimum building setback from Niagara Stone
Road
7.5 m
(f)
Minimum setback for any wall from a private road
4.0 m
(g)
Minimum setback from garage face to private
road
6.0 m
(h)
Maximum building coverage for area regulated
under this By-law
35%
(i)
Minimum landscaped area regulated under this
By-law
43%
(j)
Maximum building height
11 m
(k)
Minimum off-street parking requirement
2 spaces/unit
(l)
Minimum dwelling unit area
93 sq.m
(m) Minimum separation for buildings on the same
lot/block:
(i)
Front wall to front wall
(ii)
Front wall to side wall
(iii)
Front wall to rear wall
(iv) Side wall to side wall
(v)
Side wall to rear wall
(vi) Rear wall to rear wall
17.5 m
17.3 m
17.3 m
3.0 m
12.5 m
12.5 m
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 86
7
7.14.47.3 Accessory Buildings and Structures on Part 1:
(a)
Minimum setback from a private road or property
line
3.0 m
(b)
Minimum setback from a townhouse block/wall
6.0 m
(c)
Maximum accessory building height
4.0 m
(d)
Maximum accessory building area
36 m²
7.14.47.4 General Provisions for Part 1 and Part 2:
(i)
For lands identified as Part 2 on Figure 7.14.47F, the "Front Yard" shall be
deemed to be the yard space between Niagara Stone Road and the
dwelling and that furthermore, outside storage, accessory buildings and
structures are strictly prohibited.
(ii)
Notwithstanding (i) above, Section 6.45 of Zoning By-law 4316-09, as
amended "Frontage on a Public Road or Street" shall not apply.
(iii)
An Outdoor Amenity Area, excluding second floor balconies shall not be
permitted in the "front yard" as defined in subsection (i) above. Outdoor
Amenity Area space shall be provided internal to the site.
(iv) Tandem parking to meet the off-street parking requirements of this By-law
is permitted to include a maximum two spaces inside a garage.
(v)
Steps to a deck, porch or entrance to a dwelling are permitted to encroach
into a required setback limit up to 3.0 m.
(vi) Notwithstanding (v) above, no accessory buildings or structures, decks,
porches or entrances shall be permitted within 7.5 m. Open Space (OS-2)
Zone adjacent to the site without written approval from the Niagara
Peninsula Conservation Authority. At grade patios are permitted.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 87
7
Figure 7.14.47F: St. Andrews Glen - Phase 2
7.14.48 209 Queen Street (GC-43) (as amended by 4316J-11)
Notwithstanding the provisions of the "Old Town Community Zoning District - General
Commercial (GC) Zone" the following special provisions shall apply to those lands
identified as GC-48 on Schedule 'A-1" and 'A-3'.
7.14.48.1 Permitted Uses:
(a)
thirty-one (31) room hotel with restaurant and outdoor patio
(b)
secondary uses associated with a hotel including a meeting room, laundry
facilities, office space, staff room and fitness room.
7.14.48.2 Zone Requirements:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 88
7
(a)
Minimum lot area
4, 033 m² (43,412 ft²)
(b)
Minimum lot frontage (Queen Street)
63.58 m (208.5 ft)
(c)
Minimum lot depth (Simcoe Street)
63.43 m (208.1 ft)
(d)
Maximum lot coverage
30%
(e)
Minimum landscaped open space
34%
(f)
Maximum building height (peak or rear addition)
10.3 m (33.8 ft)
(g)
Minimum exterior yard setback for the parking
space (Simcoe Street)
0.91 m (2.985 ft)
(h)
Minimum rear yard setback of a parking space
0.61 m (2.0 ft)
(i)
Minimum number of parking spaces
40 spaces
7.14.49 219 Victoria Street, RM1-49 (as amended by 4316I-11)
Notwithstanding the provisions of the "Residential Multiple (RM1) Zone," in the Old Town
Community Zoning District, the following special provisions shall apply to the lands
identified as Part 2 "Residential Multiple (RM1-49) - Site Specific Zone" on Figure
7.14.49&50F and on Schedule 'A-1':
7.14.49.1 Zone Requirements:
(a)
Minimum front yard setback
3.42 m (11.22 ft)
(b)
Minimum interior side yard setback
3.04 m & 4.75 m
(9.97 ft & 15.58 ft)
(c)
Minimum rear yard setback
7.3 m (23.95 ft)
7.14.49.2 Notwithstanding the provisions of Section 6.39 "Parking Space Requirements" of
Zoning By-law 4316-09, as amended; in the buildings existing as of the date of
passing of this by-law the 33 parking spaces shall be sufficient for any of the
uses permitted in Section 7.7 "Queen Picton Commercial (QPC) Zone" and the
"Residential Multiple (RM1-49) Zone - Site Specific" for the lands in question.
7.14.50 118 Queen Street, QPC-50 (as amended by 4316I-11)
Notwithstanding the provisions of the "Queen Picton Commercial (QPC) Zone," in the
Old Town Community Zoning District, the following special provisions shall apply to the
existing building at the rear of the main building on those lands identified as "Queen
Picton Commercial (QPC-50) - Site Specific Zone" as Part 1 of Figure 7.14.49&50F and
on Schedule 'A-1':
7.14.50.1 Permitted Uses:
The following additional use shall also be permitted on those lands identified as
part 1 "Queen Picton Commercial (QPC 50) - Site Specific Zone"
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 89
7
(a) single detached dwelling in the existing detached building at the rear of the
main building.
7.14.50.2 Zone Requirements:
(a)
Minimum front yard setback
As built
(b)
Minimum interior side yard setback
As built
(c)
Minimum exterior side yard setback
As built
(d)
Minimum rear yard setback
As built
(e)
Maximum height
As existing
7.14.50.3 Notwithstanding the provisions of Section 6.39 "Parking Space Requirements" of
Zoning By-law 4316-09, as amended; in the buildings existing as of the date of
passing of this by-law the 33 parking spaces shall be sufficient for any of the
uses permitted in Section 7.7 "Queen Picton Commercial (QPC) Zone" and the
"Residential Multiple (RM1-49) Zone - Site Specific" for the lands in question.
Figure 7.14.49&50F: 219 Victoria Street, 118 Queen Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 90
7
7.14.51 250, 256, 262 & 268 John Street West (as amended by 4316J-11)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Residential (R1) Zone", for lands identified as R1-51 on Schedule 'A-3' the following
provisions shall apply:
7.14.51.1 Permitted Uses:
(a) single detached dwellings
7.14.51.2 Zone Requirements:
(a)
Minimum dwelling size
111.48 m² (1,200 ft²)
(b)
Maximum dwelling size
(This does not include finished basement space).
232.25 m² (2,500 ft²)
(c)
Maximum building height
9.14 m (30 ft)
(d)
Front entry garages shall not extend more than 5.52 m (8 ft) in front of the
face of the house, or 1.22 (4 ft) in front of a covered porch.
(e)
Driveway width at the curb shall not exceed 3.66 m (12 ft). Driveways may
flair out to double width in the area beyond the existing boulevard trees.
(f)
Board on board wood or chain link fencing is not permitted in the front
yards.
(g)
Grade level private outdoor space including raised decks shall be confined
to the rear yards only, but may extend to the area of the side yards up to
the front face of the house.
7.14.52 399, 393, 387 & 381 Mississauga Street (RM1-52) (as amended by 4316J-11)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Residential Multiple (RM1) Zone", for lands identified as RM1-52 on Schedule 'A-3', the
following provisions shall apply:
7.14.52.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
townhouse or Row-House dwelling
7.14.52.2 Zone Requirements:
(a)
Minimum lot depth
35.0 m (114.83 ft)
(b)
Maximum lot coverage
33.0 %
(c)
Minimum front yard setback
7.5 m (24.6 ft)
(d)
Minimum interior side yard setback
7.5 m (24.6 ft)
(e)
Minimum exterior side yard setback
7.5 m (24.6 ft)
(f)
Minimum accessory buildings yards setback
1.5 m (5.0 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 91
7
7.14.53 406 Victoria Street, 94, 90 & 84 William Street (RM1-53) (as amended by 4316J-11)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Residential Multiple (RM1) Zone", for lands identified as RM1-53 on Schedule 'A-1', the
following provisions shall apply:
7.14.53.1 Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
townhouse or Row-house dwelling
7.14.53.2 Zone Requirements:
(a)
Minimum front yard setback
6.1 m (20.0 ft)
(b)
Minimum interior side yard setback
(i) For common walls
3.04 m (10.0 ft)
0 m (0 ft)
(c)
Minimum exterior side yard setback
9.1 m (30.0 ft)
(d)
Minimum rear yard setback
7.62 m (25.0 ft)
(e)
Minimum accessory building yards setback
1.5 m (5.0 ft)
7.14.54 43 Castlereagh Street (I-54) (as amended by 4316J-11)
Notwithstanding the provisions of the "Old Town Community Zoning - Institutional (I)
Zone", the following provisions shall apply to the lands identified as I-54 on Schedule
'A-1':
7.14.54.1 Zone Requirements:
(a)
Minimum front yard setback
(for the purpose of this site-specific zoning, the
front yard will be that part of the lot that has
frontage on Castlereagh Street)
3.3 m (10.83 ft)
(b)
Minimum interior side yard setback
3 m & 1.8 m
(9.84 ft & 5.91 ft)
(c)
Minimum exterior side yard setback
6.61 m (21.69 ft)
(d)
Minimum rear yard setback
5 m (16.40 ft)
(e)
Minimum rear yard setback for the existing
building
0 m (0 ft)
(f)
Maximum lot coverage
39%
(g)
Minimum number of parking spaces
0 spaces
(h)
Minimum number of loading spaces
0 spaces
(i)
A 3.0 m (9.84 ft) wide buffer strip adjacent to a residential zone is not
required.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 92
7
7.14.55 442 Mississauga Street (GC-55) (as amended by 4316S-11)
Notwithstanding the provisions of the "Old Town Community Zoning District - General
Commercial (GC) Zone' the following special provisions shall apply to those lands
identified as "Old Town Community Zoning District - General Commercial (GC-55)" on
Schedule 'A-1':
7.14.55.1 Permitted Use:
(a)
business and professional office but no automated teller machine (ATM)
drive thru:
7.14.55.2 Zone Requirements:
(a)
Minimum Number of Parking Spaces of 7 spaces with one (1) being an
accessible parking space.
(b)
Exterior side yard setback to the uncovered
surface parking area
1.22 m (4.0 ft)
(c)
Buffer of 1.22 m (4.0 ft) along the east property boundary, 1 m (3 ft) along
the north property boundary
(d)
Front Yard Setback
3 m (10 ft)
(e)
Exterior side yard setback
3 m (10 ft)
7.14.56 144 & 176 John Street (Randwood Estates) (as amended by 4316T-11)
Notwithstanding the provisions of the "General Commercial (GC) Zone" of the Old Town
Community Zoning District, the following provisions shall apply to the lands shown on
Figure 7.14.56F(i) and Figure 7.14.56F(ii) below and identified as General Commercial -
Randwood Estate (GC-56) Holding (H) Zone and Open Space - Randwood Estate (OS-
56) Holding (H) Zone on Schedule 'A-2'.
General Commercial - Randwood Estate (GC-56) Holding (H) Zone
7.14.56.1 Permitted Uses:
(a)
accessory buildings and structures
(b)
art gallery
(c)
artist studio(s) and learning centre
(d)
conference centre
(e)
hotel with a maximum of one hundred and six (106) rooms
(f)
outdoor patio
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 93
7
(g)
restaurant
7.14.56.2 Zone Requirements:
(a)
Minimum lot frontage
300 m (984.2 ft)
(b)
Minimum lot depth
120 m (393.7 ft)
(c)
Minimum landscaped open space
50%
(d)
Maximum lot coverage
12%
(e)
Minimum main building setbacks in accordance with Figure 7.14.56Fii.
(f)
Minimum vehicular access ramp setback
30.48 m (100 ft.)
(g)
Maximum building height
17.35 m (57 ft)
(h)
Maximum seating capacity for restaurant
200 seats
(i)
Maximum number of rooms for the hotel
106
(j)
Maximum ground floor area of all buildings in the
commercial zone
4181 m² (45000 ft²)
(k)
Maximum floor area of the spa
185.8 m² (2000 ft²)
(l)
Maximum ground floor area of Arts & Learning
Centre
1250 m² (13,463 ft²)
(m) Devonian House: No other commercial use shall be permitted except for a
maximum of 8 guest rooms associated as part of the hotel use.
7.14.56.3 Open Space - Randwood Estate (OS-56) Holding (H) Zone Permitted Uses:
(a)
Pedestrian and carriage pathways
(b)
Existing structures
(c)
Stormwater management facilities
(d)
Parking spaces to a maximum of 50 spaces
(e)
Walls along John and Charlotte Streets
(f)
Accessory landscaping structures or uses
7.14.56.4 Zone Requirements:
(a)
A minimum setback for accessory structures shall be 7.5 m (24.6 ft) from
all property lines.
7.14.56.5 Notwithstanding Section 6.39 Parking Space Requirements of By-law No 4316-
09 as amended; a minimum of 250 parking spaces shall be required.
7.14.56.6 No amplified music or public address system shall be utilized outdoors.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 94
7
7.14.56.7. All other provisions of Zoning By-law 4316-09, as amended, shall continue to
apply to the lands as described.
7.14.56.8 The Holding (H) Zone shall not be lifted from the General Commercial -
Randwood Estate (GC-67) Holding (H) Zone and Open Space - Randwood
Estate (OS-56) Holding (H) Zone until such time as the applicant has received
site plan approval from the Town of Niagara-on-the-Lake.
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 95
7
Figure 7.14.56F(i): Randwood Estates Zoning
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 96
7
Figure 7.14.56F(ii): Randwood Estates Building Setbacks
7.14.57 66-76 Picton Street (as amended by 4316U-12, as approved by OMB decision January 24, 2012)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 97
7
Notwithstanding Sections 7.7.4, 7.7.5, and 7.7.6 of the Queen Picton Commercial
(QPC) Zone, the following requirements shall apply to the lands zoned Queen Picton
Commercial (QPC-57) Zone as identified on Schedule 'A-1':
7.14.57.1 Zone Requirements:
(a)
Front yard and interior side yard setback
0.0 m (0 ft)
(b)
Rear yard setback
7.5 m (25 ft)
(c)
Maximum building height
10.67 m (35 ft) and
three storeys
(d)
Maximum lot coverage
50%
7.14.58 443 Nassau Street (RM1-58) (as amended by 4316Y-12)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Established Residential (ER) Zone", the following special provisions shall apply to those
lands identified as RM1-58 on Schedule 'A-3'.
7.14.58.1 Permitted Uses:
(a)
as existing
7.14.58.2 Zone Requirements:
(a)
As existing
7.14.59 255 King Street (as amended by 4316AA-12)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Established Residential (ER-59) Zone" the following special provisions shall apply to
those lands identified as ER-59 on Schedule 'A-1':
7.14.59.1 Permitted Uses:
(a)
four (4) room country inn within the existing residential dwelling
7.14.59.2 Zone Requirements:
(a)
Minimum number of parking spaces
6 spaces
(b)
Minimum dimension of existing parking spaces
2.75 m X 4.97 m
(c)
Minimum setback for the parking area along the
exterior side lot line
0 m
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 98
7
7.14.59.3 Notwithstanding the provisions of Section 6.10 (g) of Zoning Bylaw 4316-09, the
following shall apply:
(a)
Parking spaces for a country inn shall be permitted within a required
exterior side yard.
7.14.60 29 Platoff Street (as amended by 4316AE-12)
Notwithstanding the provisions of the "Old Town Community Zoning District - Queen
Picton Commercial (QPC) Zone," the following special provisions shall apply to those
lands identified as QPC-60 on Schedule 'A-1':
7.14.60.1 Permitted Uses:
(a)
commercial entertainment establishment
7.14.60.2 Zone Requirements:
(a)
As existing on the date of passage of this By-law.
7.14.60.3 A 1.524 m (5.0 ft) wide buffer strip adjacent to a residential zone shall not be
required.
7.14.60.4 For the purposes of this By-law, a commercial entertainment establishment shall
not include a bingo hall.
7.14.61 244 Regent Street (as amended by 4316AF-12 and 4316AF(1)-12)
Notwithstanding the provisions of the "Old Town Community Zoning District -
Established Residential (ER) Zone" the lands identified on Schedule 'A-1' as ER-61 shall
be zoned ER.
7.14.62 135 Queen Street - See Schedule A-1 (as amended by 4316BG-14)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the Old
Town Community Zoning District, the following special provisions shall apply to those
lands identified as QPC-62 on Schedule "A-1":
7.14.62.1 Zone Requirements:
(a)
Minimum lot frontage
15.33m (50.29ft)
(b)
Minimum lot depth
33.69m (110.5ft.)
(c)
Minimum rear yard setback shall be staggered as per figure 7.14.62F
below
(d)
Maximum building heights
7.39m (24.25 ft.)
(e)
Maximum lot coverage
60%
(f)
Buffer strip abutting a residential zone
1.524m (5 ft.)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 99
7
7.14.62.2 Parking and Parking Space Requirements:
Notwithstanding the provisions of Section 6.38 "Parking Requirements" and Section 6.39
"Parking Space Requirements" of Zoning By-law 4316-09, as amended, those lands
shown on the schedule attached hereto, is relieved from the parking requirements for 18
spaces.
Figure 7.14.62: 135 Queen Street
7.14.63 Evergreen Lane (Regent Street closed road allowance), Evergreen Estates - See
Schedule A-2 (R2-63) (as amended by 4316BA-14)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the "Old
Town Community Zoning District - Residential (R2) Zone", the following special
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 100
7
provisions shall apply to those lands identified as R2-63-H on Schedule "A-2" on the
schedule attached hereto:
7.14.63.1 Zone Requirements:
(a)
Minimum lot frontage per unit
8.23 m (27.0 ft)
(b)
Maximum lot coverage per unit
50%
(c)
Minimum front yard setback to front face of
dwelling
4.4 m (14.44 ft)
(d)
Minimum front yard setback to front face of
attached garage
6.0 m (19.69 ft)
(e)
Minimum interior side yard setback
0.6 m (2 ft)
(f)
Minimum landscaped open space per unit
35%
(g)
Maximum building height to peak of roof
10.69 m (35.0 ft)
(h)
Minimum rear yard setback to an unenclosed
and uncovered porch, deck, patio or step
4.5 m (14.76 ft)
7.14.64 7 Queen Street (The Exchange Microbrewery) See Schedule 'A-1' (QPC-6) (as
amended by 4316AO-13)
Notwithstanding the provisions of Section 7.7 Queen Picton Commercial (QPC) Zone,
the following use shall also be permitted:
7.14.64.1 Permitted Uses:
(a)
microbrewery
(i)
maximum of 50 m² of production space with the remaining ground
floor area being devoted to retail
7.14.65 411 Nassau Street - See Schedule 'A-3' (ER-65-H) (as amended by 4316BE-14,
4316BE(1)-15)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the "Old
Town Community Zoning District - Established Residential (ER) Zone", the following
special provisions shall apply to those lands identified as ER-65 on Schedule "A-3" and
as Parts 1 & 2 on the schedule attached hereto:
7.14.65 Zone Requirements:
PART 1
(a)
Minimum lot frontage
23.77 m (77.9 ft)
(b)
Minimum lot depth
31.5 m (103.3 ft)
(c)
Minimum lot area
740 m2 (7,966 ft2)
(d)
Minimum front yard setback
6.0 m (19.7 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 101
7
(e)
Maximum lot coverage
35%
PART 2
(a)
Minimum lot frontage
15 m (49.2 ft)
(b)
Minimum lot depth
39 m (128 ft)
(c)
Minimum lot area
585 m2 (6,297.1 ft2)
Figure 7.14.65F: 411 Nassau Street Zoning
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 102
7
7.14.66 113 Byron Street - See Schedule 'A-1' (ER3-66) (as amended by 4316BK-15)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the "Old
Town Community Zoning District - Established Residential (ER3) Zone", the following
special provisions shall apply to those lands identified as ER3-66 on Schedule "A-1":
7.14.66 Zone Requirements:
(a)
Minimum lot frontage for lots identified as Part 1
and Part 2
13 m
(b)
Minimum lot frontage for lot identified as Part 3
16 m
(c)
Minimum lot depth
37 m
(d)
Minimum front yard setback
3.3 m
(e)
Maximum lot coverage
40%
(f)
Minimum exterior side yard setback
2.5 m
(g)
Driveway setback from the interior property line
0.6 m
(h)
Minimum rear and interior side yard setback for
accessory buildings
1.22 m
(i)
Front yard setback for attached or detached
garage
19 m
Figure 7.14.66F: 113 Byron Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 103
7
7.14.67 28 Prideaux Street - See Schedule 'A-1' (ER-67)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the Old
Town Community Zoning District, the following use shall also apply to those lands
identified as ER-67 on Schedule "A-1":
7.14.67.1 Permitted Uses:
(a)
four (4) room Country Inn in accordance with Section 6.10
Figure 7.14.67F: 28 Prideaux Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 104
7
7.14.68 560 Mississagua Street - See Schedule 'A-2' (ER-68) (as amended by 4316BN-16
approved by the OMB - June 13, 2016 )
In lieu of the corresponding provisions of Subsection 7.1.2, the following provisions shall
apply on the subject lands:
7.14.68.1 Zone Requirements:
PART 1
(a)
Minimum lot frontage
16.0 m (52.5 ft)
(b)
Minimum lot depth
30.0 m (98.4 ft)
(c)
Maximum width of garage face
50% of total building
face
PART 2
(a)
Minimum lot frontage
14.7 m (48.2 ft)
(b)
Minimum lot depth
35.3 m (115.8 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 105
7
(c)
Maximum width of garage face
50% of total building
face
7.14.68.2
Balconies are not a permit use on the second floor of any dwelling of any dwelling
on the subject lands.
Figure 7.14.66F: 560 Mississagua Street
7.14.69 135 John Street West - See Schedule 'A-2' (RM1-69) (as amended by 4316BN-16)
In lieu of the corresponding provisions of Subsection 7.5, the following uses and
provisions shall apply on the subject lands:
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 106
7
7.14.69 Zone Requirements:
7.14.69.1
townhouse or row dwelling
(a)
A detached or attached garage shall be setback from the front lot
line a minimum of 1.0 m (3.28 ft) greater than the setback of the
main building.
(b)
Maximum width of garage door
50% of dwelling face
(c)
Maximum interior side yard setback
- for common walls
12.3 m (3.90 ft)
0 m (0 ft)
(d)
Minimum rear yard setback to covered porch,
deck or patio
6.5 m (21.33 ft)
(n)
Minimum interior side yard setback to a
driveway and required uncovered surface
parking area
0.3 m (1.0 ft)
Figure 7.14.69F: 135 John Street West
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 107
7
7.14.70 535 Gate Street - See Schedule 'A-2' (ER-70) (as amended by 4316BQ-15)
In accordance with Section 4.5 - Site Specific Exceptions and in lieu of the
corresponding provisions of the "Old Town Community Zoning District - Established
Residential (ER) Zone", the following provisions shall apply to those lands identified at
ER-70 on Schedule "A-2".
7.14.70 Zone Requirements:
(a)
Minimum lot frontage Part 1
19.8 m (64.96 ft)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 108
7
(b)
Minimum lot frontage for Part 2
18.2 m (59.71 ft)
(c)
Minimum lot Depth
24.6 m (80.70ft)
(d)
Minimum front yard setback
6 m (19.68 ft)
(e)
Minimum rear yard setback
6 m (19.68 ft)
(f)
Maximum lot coverage
35%
Figure 7.14.70 F: 535 Gate Street
7.14.71 683 King Street - See Schedule 'A-2' (R1-71-H & RM1-71-H)
(as amended by 4316BV-15)
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 109
7
In lieu of the corresponding provisions of Subsection 7.3.2, the following provisions shall
apply on the subject lands identified as R1-71-H:
7.14.71.1 R1-71-H Zone Requirements:
(a)
Maximum lot frontage
None
(b)
Minimum lot area
590 m2 (6350.7 ft2)
(c)
Maximum lot area
None
(d)
(i) Maximum lot coverage
(ii) Additional lot coverage for covered
porch/deck in the rear yard
45%
5%
(e)
Minimum landscaped open space
30%
(f)
(i) Minimum front yard setback
(ii) Minimum front yard setback to attached or
detached garage, where the garage door is on a
front wall
(iii) Minimum front yard setback to attached
garage, where the garage door is not on a front
wall
(iv) In addition to the above, an attached or
detached garage, where the garage door is on a
front wall, shall be located at least 1 m (3.28 ft)
further from the front lot line than the main
building, which includes a covered porch in the
front yard
4.0 m (13.1 ft)
6.0 m (19.5 ft)
4.0 m (13.1 ft)
(g)
When the front wall of an attached garage does not contain the garage
door, said front wall shall contain at least one window of vertical or square
proportions. The lowest point of the required window shall be a maximum
of 1.2 m above the adjoin finished grade
(h)
Maximum width of garage door
50% of dwelling
façade which faces
the front lot line
(i)
Minimum depth of porch in front yard
2.0 m (6.5 ft)
(j)
Minimum interior side yard setback
(i) for lots with King Street frontage
(ii) for all other lots
1.5 m (4.9 ft)
1.2 m (3.9 ft)
(k)
Minimum exterior side yard setback
3.2 m (9.8 ft)
(l)
Covered/uncovered and unenclosed porch, deck, patio or steps may
encroach 1.5 m into the required rear yard and 0.5 m into required exterior
side yard
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 110
7
7.14.71 R1-71-H Permitted Uses:
Only the following uses shall apply on the lands identified as RM1-71-H:
(a)
accessory building and structures in accordance with Section 6.21
(b)
group home in accordance Section 6.20
(c)
townhouse or row dwelling
7.14.71.3 RM1-71-H Zone Requirements:
In lieu of the corresponding provisions of Subsection 7.5.2.2, the following provisions
shall apply on the subject lands identified as RM1-71-H:
Townhouse or row dwelling:
(a)
Maximum lot frontage of unit
(i) Interior unit
(ii) Exterior unit
10.0 m (32.8 ft)
10.0 m (3.28 ft)
(b)
Maximum total lot coverage for the development
50%
(c)
Minimum front yard setback from a private road
(i) Main building
(ii) Attached garage
4.6 m (15.0 ft)
6.0 m (19.5 ft)
(d)
An attached or detached garage shall be located at least 1 m (3.28 ft)
further from a private road than the main building
(e)
Minimum exterior side yard setback from a
private road
3.0 m (9.8 ft)
(f)
Minimum yard setback from a property line
(i) for interior side yard of a unit
(ii) for exterior side yard of a unit
(iii) for rear yard of a unit
1.5 m (4.9 ft)
4.5 m (14.7 ft)
9.0 m (29.5 ft)
(g)
Covered/uncovered and unenclosed porch, deck, patio or steps may
encroach 3.7 m into a required rear yard of a unit
(h)
Maximum width of garage door
50% of dwelling
façade which faces
the front lot line
7.14.71.4 That development of the lands shall only be permitted upon removal of the
Holdings ("H1" and "H2") provisions. The Holding ("H1") provisions shall be
removed upon completion of the archaeological assessment and clearance by
the ministry of Tourism, Culture, and sport to the satisfaction of the Corporation
of the town of Niagara-on-the-Lake. The Holdings ("H2") provision shall be
removed upon the completion of the Niagara-on-the-Lake Wastewater Treatment
Plant, or when it can be proven that there is capacity in the existing plant for this
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 111
7
development, to the satisfaction of The Corporation of the Town of Niagara-on-
the-Lake.
7.14.72 624 & 636 Rye Street - See Schedule 'A-2' (R1-72) (as amended by 4316BX-15)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the "Old
Town Community Zoning District - Residential (R1) Zone", the following special
provisions shall apply to those lands identified at R1-72 on Schedule "A-2".
7.14.72 Zone Requirements:
PART 1
(a)
Maximum lot frontage
24.7 m
(b)
Minimum front yard setback
6.5 m
PART 2
(a)
Maximum lot frontage
36.3 m
(b)
Maximum lot area
3402 m2
Figure 7.14.71 F: 624 & 636 Rye Street
Section
Town of Niagara-on-the-Lake
Old Town Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S7, p. 112
7