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Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 1
8
Section
Queenston Community Zoning District
8
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 2
8
SECTION 8: QUEENSTON COMMUNITY ZONING DISTRICT
The provisions of the Queenston Community Zoning District shall apply to all lands within the
Urban Area Boundary established on Schedule "E" in the Town of Niagara-on-the-Lake's Official
Plan, shown on Schedule 'A-25' of this By-law.
8.1
ESTABLISHED RESIDENTIAL (ER1) ZONE
In the Queenston Community Zoning District - Established Residential (ER1) 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:
8.1.1 Permitted Uses:
(a)
A single detached dwelling
(b)
A bed and breakfast establishment in accordance with Section 6.5
(c)
A home occupation or a home profession in accordance with Section 6.24
(d)
A group home in accordance with Section 6.20
(e)
A public use in accordance with Section 5.381 (as amended by 4316Y-12)
(f)
Accessory buildings and structures in accordance with Section 6.1
(g)
Cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
8.1.2 Zone Requirements: (as amended by 4316N-11)
(a)
Minimum lot frontage
18 m (59.06 ft)
(b)
Minimum lot area
648 m2 (6,975 ft2)
(c)
Minimum front yard setback:
(i)
On lots fronting on Niagara River Parkway
with no Service Road Access
25 m (82 ft)
(ii)
On lots fronting on Niagara River Parkway
with Service Road Access
15 m (49.2 ft)
(iii) On all other lots
5 m (16.04 ft)
(d)
Minimum rear yard setback
7.5 m (24.6 ft)
(e)
Minimum interior side yard setback
1.5 m (5.0 ft)
(f)
Minimum exterior side yard setback
4.5 m (14.7 ft)
(g)
Maximum building height
10.0 m (32.8 ft)
(h)
Garages shall be setback a minimum of 1.0 m (3.28 ft) behind the building
face of the dwelling
(i)
Garages accessed from a rear lane shall be setback 0.45 m (1.5 ft) from
the rear lane
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 3
8
(j)
Attached garages shall not exceed 50% of the width of the building face of
the dwelling
(k)
Covered porches can project 1.5 m (5.0 ft) in front of the building face of
the dwelling
(l)
Minimum accessory building yard setback
1.5 m (5.0 ft)
(m)
Minimum
accessory
building
exterior
yard
setback
4.5 m (14.76 ft)
8.2
ESTABLISHED RESIDENTIAL (ER2) ZONE
In the Queenston 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:
8.2.1 Permitted Uses:
(a)
A single detached dwelling
(b)
A bed and breakfast establishment in accordance with Section 6.5
(c)
A home occupation or home profession in accordance with Section 6.24
(d)
A public use in accordance with Section 5.381 (as amended by 4316Y-12)
(e)
A group home in accordance with Section 6.20
(f)
Accessory buildings and structures in accordance with Section 6.1
(g)
Cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
8.2.2 Zone Requirements: (as amended by 4316N-11)
(a)
Minimum lot frontage:
(i)
Lots fronting on the Niagara River Parkway
with no Service Road access and along the
south side of York Road
60 m (196.85 ft)
(ii)
All other lots
30 m (98.43 ft)
(b)
Minimum lot area:
(i)
Lots fronting on Niagara River Parkway with
no Service Road access and along the
south side of York Road
2,700 m2 (29,063 ft2 )
(ii)
All other lots
1,350 m2 (14,531 ft2 )
(c)
Maximum lot coverage
15%
(d)
Minimum landscaped area
45%
(e)
Minimum front yard setback:
(i)
On lots fronting on Niagara River Parkway
with no Service Road access
25.0 m (82.0 ft)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 4
8
(ii)
On lots fronting on Niagara River Parkway
with Service Road access and along the
south side of York Road
15.0 m (49.21 ft)
(iii) On all other lots
7.5 m (24.61 ft)
(f)
Minimum interior side yard setback
1.5 m (5.0 ft)
(g)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(h)
Minimum rear yard setback
9.0 m (29.53 ft)
(i)
Maximum building face (including attached
garage) of lot frontage
50%
(j)
Maximum building height
10.0 m (32.8 ft)
(k)
Attached garages shall not exceed 50% of the width of the building face of
the dwelling
(l)
Covered porches can project 1.5 m (5.0 ft) in front of the building face of
the dwelling
(m) Minimum accessory building yards setback
1.5 m (5.0 ft)
(n)
Minimum
accessory
building
exterior
yard
setback
4.5 m (14.76 ft)
8.3
RESIDENTIAL (R3) ZONE (as amended by 4316N-11)
In the Queenston Community Zoning District - Residential (R3) 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:
8.3.1 Permitted Uses:
(a)
A semi-detached dwelling
(b)
A duplex dwelling
(c)
A public use in accordance with Section 5.381
(d)
A group home in accordance with Section 6.20
(e)
Accessory buildings and structures in accordance with Section 6.1
8.3.2 Zone Requirements:
8.3.2.1
A SEMI DETACHED DWELLING:
(a)
Minimum lot frontage per unit:
(i)
Interior lot
(ii)
Exterior lot
7.5 m (24.6 ft)
12.25 m (40.19 ft)
(b)
Minimum lot area per unit
210 m2 (2,260.5 ft2 )
(c)
Maximum lot coverage
33%
(d)
Minimum landscaped open space
30%
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 5
8
(e)
Minimum front yard setback to front face of
dwelling
4.5 m (14.76 ft)
(f)
Maximum front yard setback
6.0 m (19.69 ft)
(g)
Minimum front yard setback to front face of
attached garage
7.5 m (24.6 ft)
(h)
Maximum width of garage face
3.5 m (11.48 ft)
(i)
Minimum interior side yard setback
(i)
Where there is no attached garage, one
side must be:
1.2 m (3.94 ft)
3.0 m (9.84 ft)
(j)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(k)
Minimum rear yard setback
7.5 m (24.6 ft)
(l)
Minimum dwelling floor area (per unit)
93 m2 (1001 ft2)
(m) Maximum building height
10.0 m (32.8 ft)
(n)
Minimum accessory building yards setback
1.5 m (5 ft)
(o)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
(p)
Minimum setback of uncovered, unenclosed or covered patio or deck in
the rear yard requires a side yard setback of 0.6 m (2 ft).
8.3.2.2
A DUPLEX DWELLING:
(a)
Minimum lot frontage
15.0 m (49.21 ft)
(b)
Minimum lot area
540 m2 (5,812 ft2)
(c)
Maximum lot coverage
33%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback to front face of
dwelling
6.0 m (19.69 ft)
(f)
Minimum front yard setback to front face of
attached garage
7.5 m (24.6 ft)
(g)
Maximum width of garage face
3.5 m (11.48 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 (per unit)
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)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 6
8
8.4
RESIDENTIAL MULTIPLE (RM1) ZONE (as amended by 4316N-11)
In the Queenston Community Zoning District - Residential Multiple (RM1) Zone, no land
shall be used and no building or structure shall be used, altered or erected expect in
accordance with the following use provisions:
8.4.1
Permitted Uses:
(a)
A single detached dwelling
(b)
A semi-detached dwelling
(c)
A duplex dwelling
(d)
A townhouse or row-house dwelling
(e)
A public use in accordance with Section 5.381
(f)
Accessory buildings and structures in accordance with Section 6.1
8.4.2 Single Detached Dwelling:
Zone Requirements:
A single detached dwelling shall be subject to the zone requirements of the
Section 8.1.2 Established Residential (ER1) Zone category.
8.4.3 Semi-Detached or Duplex Dwelling:
Zone Requirements:
A semi-detached dwelling shall be subject to the zone requirements of the
Section 8.3.2 Residential (R3) Zone category.
8.4.4 A Townhouse or Row-House Dwelling:
(a)
Minimum lot frontage
(i)
Interior Unit
(ii)
Exterior Unit
6.0 m (19.69 ft)
7.5 m (24.60 ft)
(b)
Minimum lot area per unit
168 m2 (1,808.34 ft2)
(c)
Maximum lot coverage
40%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback
4.5 m (14.76 ft)
(f)
Minimum interior side yard setback
(i)
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 setback from built structures on
adjacent properties
3.0 m (9.84 ft)
(i)
Minimum rear yard setback
7.5 m (24.6 ft)
(j)
Maximum building height
8.5 m (27.69 ft)
(k)
Minimum accessory building yards setback
1 m (3.28 ft)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 7
8
(l)
Minimum side yard setback in the rear yard of
uncovered, unenclosed or covered patio or deck
in the rear yard
0.6 m (2 ft)
(m) If the property abuts an Established Residential (ER1) Zone or an
Established Residential (ER2) Zone, a buffer strip must be provided which
shall be a minimum of 1.5m (5.0 ft) planting strip and shall consist of a 1.5
m (5.0 ft) high privacy fence and a landscaping strip.
(n)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
8.5
VILLAGE COMMERCIAL (VC) ZONE
In the Queenston Community Zoning District - Village Commercial (VC) 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:
8.5.1
Permitted Uses:
(a)
A retail store
(b)
A service establishment
(c)
A restaurant
(d)
A convenience store
(e)
A take-out restaurant
(f)
An outdoor patio restaurant, as a secondary use to an existing restaurant
in accordance with Section 6.36
(g)
A theatre
(h)
A bank or financial institution
(i)
A business or professional office
(j)
A hotel
(k)
A motel
(l)
A service station
(m)
A community centre
(n)
A commercial recreation facility
(o)
A bakery or bakeshop
(p)
A residential unit in accordance with Section 6.48
(q)
Accessory buildings and structures in accordance with Section 6.1
(r)
Personal service establishment (as amended by 4316J-11)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 8
8
(s)
Vacation apartment (added by 4316AI-13, OMB PL130581, December 5,
2013)
8.5.2 Zone Requirements:
(a)
Minimum lot frontage
15.0 m (49.2 ft)
(b)
Minimum lot area
464 m2 (4,994.62 ft2)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback (as amended by
4316N-11)
1.0 m (3.28 ft)
(f)
Maximum front yard setback (as amended by
4316N-11)
2.5 m (8.2 ft)
(g)
Minimum interior side yard setback (as amended
by 4316N-11)
1.5 m (5.0 ft)
(h)
Minimum setback from built structures on
adjacent properties
3.0 m (9.84 ft)
(i)
Minimum exterior side yard setback
4.5 m (14.76 ft)
(j)
Minimum rear yard setback (as amended by
4316N-11)
4.5 m (14.76 ft)
(k)
Maximum building height (as amended by 4316N-
11)
10.5 m (34.45 ft)
(l)
An architectural element may have a maximum height of 11.6 m (38.0 ft)
(as amended by 4316N-11)
(m) Minimum building height (as amended by 4316N-
11)
9 m (29.5 ft)
(n)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(o)
Minimum accessory exterior side yard setback
(as amended by 4316Y-12)
4.5 m (14.76 ft)
(p)
The ground floor of commercial units shall be a minimum of 3.5 m (11.48
ft) in height. (as amended by 4316N-11)
8.5.3 Buffer Strip: (as amended by 4316N-11):
At the interface between residential and commercial properties, the commercial
property will provide a landscaped buffer consisting of a wood screen privacy
fence to a height of 1.5 m (5.0 ft), situated at the property line, and a 1.5 m (5.0
ft) deep landscaped buffer consisting of mixed landscape species in height of 1.5
m (5.0 ft).
8.6
INSTITUTIONAL (I) ZONE
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 9
8
In the Queenston 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:
8.6.1 Permitted Uses:
(a)
A cemetery
(b)
A church or religious institution
(c)
A nursing home
(d)
A hospital
(e)
A museum
(f)
A school
(g)
A library
(h)
A day care centre
(i)
A community centre
(j)
A public use in accordance with Section 5.381 (as amended by 4316Y-11)
(k)
Accessory buildings and structures in accordance with Section 6.1
(l)
Uses permitted by the Niagara Parks Act
8.6.2 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 front yard setback
(i)
For lots with access to Niagara River
Parkway, or access to a service road
(ii)
For lots with no access to a service road
15.0 m (49.2 m)
15 m - 25 m
(49.2 ft - 82.02 ft)
(g)
Minimum interior side yard setback
3.0 m (9.84 ft)
(h)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(i)
Minimum rear yard setback
7.5 m (24.6 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
4.5 m (14.76 ft)
(m) Parking areas will be screened from the public street by a minimum 1.0 m
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 10
8
(3.28 ft) high coniferous landscape hedge. . (as amended by 4316N-11)
8.6.3 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.
8.7
OPEN SPACE (OS) ZONE
In the Queenston 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:
8.7.1
Permitted Uses:
(a)
A public or private park
(b)
A picnic area
(c)
A recreational use
(d)
A private club
(e)
A public use in accordance with Section 5.381 (as amended by 4316Y-12)
(f)
Accessory buildings and structures in accordance with Section 6.1
(g)
Uses permitted by the Niagara Parks Act
8.7.2 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 front yard setback for:
(i)
Lots fronting on Niagara River Parkway, or
having direct access from a service road
(ii)
Lots with direct access from Niagara River
Parkway
15.0 m (49.2 ft)
25.0 m (82 ft)
(g)
Minimum interior side yard setback
3.0 m (9.84 ft)
(h)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(i)
Minimum rear yard setback
7.5 m (24.6 ft)
(j)
Maximum building height
8.6 m (28.22 ft)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 11
8
(k)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(l)
Minimum accessory building exterior side yard
setback (as amended by 4316Y-11)
9.0 m (29.53 ft)
8.8
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 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.
8.8.1 Area of Natural and Scientific Interest (ANSI)
8.8.1.1 Permitted Uses:
(a)
Conservation management activities and uses, subject to an
environmental impact study (EIS)
(b)
Permitted uses adjacent to an ANSI - Area of Natural and Scientific
Interest:
(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
(c)
Uses pursuant to the Niagara Parks Act on Niagara Parks
Commission land in accordance with Section 1.2. (as amended by
4316C-09, OMB April 8/10-PLO 90912)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 12
8
8.8.1.2 Zoning requirements:
(a)
Within 50.0 m pf the edge of the feature, an EIS is required to
determine the minimum setback.
(b)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA) and the Niagara Parks Act.
8.8.2
Water Feature 1
8.8.2.1 Permitted Uses:
(a)
Conservation management activities and uses, subject to an
environmental impact study (EIS)
(b)
Public boat launch and dock, subject to an environmental impact
study (EIS)
(c)
Existing private boathouses and docks
(d)
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
(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 April 8/10-PLO 90912)
8.8.2.2 Zoning requirements:
(a)
Within 30.0 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 30.0 m is 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
15.0 m.
(b)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA) and the Niagara Parks Act
8.8.3 Regional Environmental Conservation Area
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 13
8
8.8.3.1 Permitted Uses:
(a)
Conservation management activities and uses, subject to an
environmental impact study (EIS)
(b)
Existing public and private parks
(c)
Public boat launch and dock, subject to an environmental impact
study (EIS)
(d)
Existing private boathouses and docks
(e)
Existing dwellings, buildings and structures
(f)
Expansions to existing dwellings, building and structures, subject to
an environmental impact study (EIS)
(g)
Existing accessory buildings and structures in accordance with
Section 6.1, including expansions, subject to an environmental impact
study (EIS)
(h)
Single detached dwelling and accessory buildings on existing lots of
record subject to clearance from the Niagara Peninsula Conservation
Authority (NPCA)
(i)
Infrastructure
(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 April 8/2010 PLO 90912)
8.8.3.2 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
(EIS) study 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 Act
8.8.4 NPCA Regulation Area
8.8.4.1 Development subject to NPCA approval
8.8.5 Water body
8.8.5.1 Permitted Uses:
(a)
Conservation management activities and uses, subject to an
environmental impact study (EIS)
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 14
8
(b)
Public boat launch and dock, subject to an environmental impact
study (EIS)
(c)
Existing private boathouses and docks.
(d)
Infrastructure
(e)
Permitted Uses adjacent to a water body:
(1)
Existing public and private parks
(2)
Existing dwellings, buildings and structures
(3)
Expansions to existing dwellings, building and structures,
subject to an environmental impact study (EIS)
(4)
Existing accessory buildings and structures in accordance with
Section 6.1, including expansions, subject to an environmental
impact study (EIS)
(5)
Single detached dwelling and accessory buildings on existing
lots of record subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
(6)
Infrastructure
(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 April 8/10 PLO 90912)
8.8.5.2 Zoning requirements:
(a)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA) and the Niagara Parks Act
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 15
8
8.9
SITE SPECIFIC EXCEPTIONS
8.9.1 Willowbank School of Restoration Arts - 14487 Niagara River Parkway - See
Schedule 'A-25' (l-1) & (OS-1)
Notwithstanding the provisions of the Institutional (I) Zone, for lands known as
Willowbank School of Restoration Arts identified as I-1 and OS-1 on Schedule 'A-25', the
following permitted uses and development requirements shall apply:
8.9.1.1 I-1 Permitted Uses:
(a)
School of Restoration Arts as defined in Section 5
(b)
A museum as defined in Section 5
8.9.1.2 I-1 The following secondary uses shall be permitted as secondary uses to the
main uses as identified in Section 8.7.1.1:
An assembly hall as defined in Section 5 and including retail uses to a
maximum floor area of 18.6 m2 (200 ft2). The assembly hall use in not
restricted to students but is open and available to the public.
The maximum total floor area for all secondary uses permitted in Section
8.7.1.2 shall be 130.0 m2 (1,400 ft2)
8.9.1.3 I-1 In addition to the secondary uses permitted in Section 8.7.1.2, an outdoor
event area / tent area for a maximum number of two hundred (200) people is
permitted subject to a maximum of 6 events each year. An outdoor event
area/tent area shall be subject to the following provisions:
(a)
A minimum setback of twenty (20) m from any residential zone shall be
provided.
(b)
Hours of operation shall be limited to between 8 a.m. and 11 p.m.
(c)
The use shall operate seasonally from May 1 to October 31 each
calendar year.
(d)
All outdoor lighting shall be deflected away from any residential area.
(e)
A maximum of one (1) event shall be permitted per weekend in the
outdoor event tent area. Weekend is defined for the purposes of this By-
law as Friday, Saturday and Sunday.
8.9.1.4 I-1 Unless otherwise stated, off-street parking shall be provided in accordance
with Sections 6.38, 6.39 & 6.42. Parking for special events as outlined in
Section 8.7.1.3 shall utilize off-site parking arrangements. The provisions of
Section 6.27, Loading Spaces Requirements, shall not apply.
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 16
8
8.9.1.5 I-1 Zone requirements:
(a)
Minimum lot area
As existing
8.9.1.6 Notwithstanding the provisions of the Open Space (OS) Zone, no structural
development is permitted on those lands identified as OS-1 on Schedule 'A-25'
8.9.2 RiverBrink Art Gallery and Library of Arts - 116 Queenston Street - See Schedule
'A-25' (l-2)
Notwithstanding the provisions of the Institutional (I) Zone, for lands known as the
Riverbrink Art Gallery and Library of Arts identified as I-2 on Schedule 'A-25', the
following permitted uses shall apply:
8.9.2.1 Permitted Uses:
(a)
Art gallery
(b)
Museum
(c)
Library and research establishment
(d)
Secondary retail
(e)
Accessory buildings and structures
8.9.3 137 Queenston Street - See Schedule 'A-25' (ER2-3)
Notwithstanding the provisions of the Established Residential (ER2) Zone, the following
special provisions shall apply to the lands identified as ER2-3 on Schedule 'A-25':
8.9.3.1 Zone requirements:
(a)
Maximum height of dwelling
1 ½ storeys OR 8.53 m (28 ft)
(b)
Any new dwelling will be located on the area indentified as ER2-3 on
Schedule 'A-25'.
8.9.4 25 Princess Street - See Schedule 'A-25' (ER1-4) (as amended by 4316N-11)
Notwithstanding the provisions of the "Queenston Community Zoning District -
Established Residential (ER1) Zone," the following provisions shall apply to lands
identified as ER1-4 on Schedule 'A-25'.
8.9.4.1 Permitted Uses:
(a)
As existing
8.9.4.2 Zone Requirements:
(a)
As existing
Section
Town of Niagara-on-the-Lake
Queenston Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S8, p. 17
8
8.9.5 61 - 77 Queenston St See Schedule 'A-25' (VC-5) (as amended by 4316N-11)
Notwithstanding the provisions of the "Queenston Community Zoning District - Village
Commercial Zone," the following additional provisions shall apply to lands identified as
V-5 on Schedule 'A-25'.
8.9.5.1 Zone Requirements:
(a)
Maximum building height
Except where a building abuts a residential zone,
the first 6.1 m (20.0 ft) of the building adjacent to
a residential zone shall have a maximum building
height of 8.5 m (28.0 ft)
10.5 m (34.45 ft)
8.9.6 5 Walnut Street - See Schedule 'A-25' (RD-6) (as amended by 4316AW-14)
In the "Queenston Community Zoning District", for those lands identified as RD-6, 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:
8.9.6.1 Permitted Uses:
(a)
As existing
8.9.6.2 Zone Requirements:
(a)
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.