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Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 1
9
Section
St. Davids Community Zoning District
9
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 2
9
SECTION 9:
ST. DAVIDS COMMUNITY ZONING DISTRICT
The provisions of the St. Davids Community Zoning District shall apply to all lands within the
Urban Area Boundary established on Schedule "D" in the Town of Niagara-on-the-Lake's Official
Plan, as shown on Schedule 'A-23' of this By-law.
9.1
RESIDENTIAL (R1) ZONE
In the St. Davids 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:
9.1.1 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 in accordance with Section 5.381 (as amended by 4315Y-12)
(g)
single detached dwelling
9.1.2 Zone Requirements:
(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
6.0 m (19.69 ft)
(f)
Maximum front yard setback
7.5 m (24.6 ft)
(g)
Minimum front yard setback to front face of the
attached garage
8.5 m (27.88 ft)
(h)
Minimum interior side yard setback
i)
except where there is no attached garage, the
minimum side yard on one side shall be:
1.5 m (5 ft)
3.0 m (9.84 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)
Maximum width of garage face
7.5 m (24.6 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 3
9
(l)
Minimum dwelling floor area
125 m² (1345.5 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)
9.2
RESIDENTIAL (R2) ZONE
In the St. Davids 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:
9.2.1
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 (as amended by 4315Y-12)
(g)
single detached dwelling
9.2.2
Zone Requirements:
(a)
Minimum lot frontage
15.0 m (49.2 ft)
(b)
Minimum lot area
475 m² (5113 ft²)
(c)
Maximum lot coverage
40%
(d)
Minimum landscaped open space
25%
(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 the
attached garage
7.5 m (24.6 ft)
(h)
Maximum width of garage face
7.5 m (24.6 ft)
(i)
Minimum interior side yard setback
i)
except where there is no attached garage, the
minimum side yard shall be on one side:
1.2 m (3.94 ft)
3.0 m (9.84 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 4
9
(j)
Minimum exterior side yard setback
4.5 m (14.75ft)
(k)
Minimum rear yard setback
7.5 m (24.6 ft)
(l)
Minimum dwelling floor area
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)
9.3
RESIDENTIAL (R3) ZONE
In the St. Davids 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:
9.3.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
duplex dwelling
(c)
group home in accordance with Section 6.20
(d)
public use in accordance with Section 5.381 (as amended by 4316Y-12)
(e)
semi-detached dwelling
9.3.2
Zone Requirements:
9.3.2.1 A Semi Detached Dwelling:
(a)
Minimum lot frontage per unit
(i)
for an interior lot
(ii)
for an exterior lot
10.75 m (35.27 ft)
12.25 m (40.19 ft)
(b)
Minimum lot area per unit
325 m2 (3498 ft2)
(c)
Maximum lot coverage
33%
(d)
Minimum landscaped open space
30%
(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)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 5
9
(i)
Minimum interior side yard setback
(i)
except where there is no attached garage, the
minimum side yard shall be on one side
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
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 form
requires a side yard setback of 0.6 m (2 ft).
9.3.2.2 A Duplex Dwelling:
(a)
Minimum lot frontage per unit
18.0 m (59.0 ft)
(b)
Minimum lot area
668 m2 (7190 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
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)
9.4
RESIDENTIAL MULTIPLE (RM1) ZONE
In the St. Davids Community Zoning District - Residential Multiple (RM1) Zone, no land
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 6
9
shall be used and no building or structure shall be used, altered or erected except in
accordance with the following uses and provisions:
9.4.1
Permitted Uses:
(g)
accessory buildings and structures in accordance with Section 6.1
(e)
bed and breakfast establishment in an existing detached dwelling in
accordance with Section 6.5
(d)
fourplex or quadraplex dwelling
(a)
existing single detached dwelling
(f)
group home in accordance with Section 6.20
(b)
townhouse dwelling
(c)
triplex dwelling
9.4.2
Zone Requirements:
9.4.2.1 Existing Single Detached Dwelling:
(a)
In accordance with the provisions of the Residential 2 (R2) Zone, Section
9.2.2.
9.4.2.2 Townhouse Dwelling, On-Street:
(a)
Minimum lot frontage per unit
(i)
Interior lot
(ii)
Exterior lot
6.2 m (20.34 ft)
10.0 m (32.8 ft)
(b)
Minimum lot area per unit
(i)
Interior lot
(ii)
Exterior lot
230 m2 (2475.8 ft2)
300 m2 (3,229.3 ft2)
(c)
Maximum lot coverage
45%
(d)
Minimum landscaped open space
25%
(e)
Minimum front yard setback to front face of dwelling
4.5 m (14.76 ft)
(f)
Maximum front yard setback
6.0 (19.69 ft)
(g)
Minimum front yard setback to garage face
7.5 (24.6 ft)
(h)
Maximum width of garage face
3.5 m (11.48 ft)
(i)
Minimum interior side yard setback of 1.5 m (5 ft) for end units, except for
end units having a height 5.0 m (16.4 ft) or greater, then 1.8 m (5.9 ft)
shall be provided, except that where no attached garage is provided, the
minimum side yard shall be 3.0 m (9.84 ft). No interior side yard is
required between the common vertical wall dividing one unit from another.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 7
9
(j)
Minimum exterior side yard setback of 4.5 m (14.76 ft), except where an
entrance to an attached garage faces an exterior side yard, the minimum
exterior side yard for the garage shall be 6m (19.69 ft).
(k)
Minimum rear yard setback of 7.5 m (24.6 ft), except for units having a
height 8.0 m (26.2 ft) or greater, then 9.0 m (29.53 ft) shall be provided.
(l)
Minimum dwelling floor area
80 m2 (861 ft2)
(m)
Maximum building height
10.0 m (32.8 ft)
(n)
Minimum accessory building yards setback
0.5 m (1.64 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 form
requires a side yard setback of 0.6 m (2 ft)
9.4.2.3 Block Townhouse Dwellings:
(a)
Minimum lot frontage
30.0 m (98.4 ft)
(b)
Minimum lot area per unit
285 m2 (3067.8 ft2)
(c)
Maximum density
30 units per ha
(d)
Maximum lot coverage
35%
(e)
Minimum landscaped open space
30%
(f)
Minimum front yard setback
6.0 (19.69 ft)
(g)
Minimum interior side yard setback
6.0 (19.69 ft)
(h)
Minimum exterior side yard setback
6.0 (19.69 ft)
(i)
Minimum rear yard setback
6.0 (19.69 ft)
(j)
Minimum distance between buildings located on the
same lot :
(i) Between walls not containing windows to a
habitable room.
(ii) Between walls where one wall contains a
window to a habitable room.
(iii) Between walls where both walls contain a
window to a habitable room
3.0 m (9.84 ft)
9.0 m (29.53 ft)
15.0 m (49.2 ft)
(k)
Minimum distance between any townhouse dwelling and an internal
driveway and parking area is 4.5 m (14.76 ft) to the front of the dwelling,
and 6.0 m (19.69 ft) to the front face of garage.
(l)
Minimum dwelling unit area
80 m2 (861 ft2)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 8
9
(m)
Maximum building height
10.0 m (32.8 ft)
(n)
Minimum accessory building yards setback
0.5 m (1.64 ft)
(o)
Minimum accessory building exterior side yard
setback
6.0 (19.69 ft)
(p)
Minimum setback of uncovered, unenclosed or covered patio or deck form
requires a side yard setback of 0.6 m (2 ft)
9.4.2.4 A Triplex Dwelling:
(a)
Minimum lot frontage
21.5 m (70.53 ft)
(b)
Minimum lot area
690 m2 (7427 ft2)
(c)
Minimum lot area per dwelling unit
230 m2 (2475.8 ft2)
(d)
Maximum lot coverage
35%
(e)
Minimum landscaped open space
30%
(f)
Minimum front yard setback
6.0 m (19.69 ft)
(g)
Minimum interior side yard setback of 4.5 m (14.76 ft) on one side and 1.8
m (5.9 ft) on the other side.
(h)
(i)
Minimum exterior side yard setback
(ii)
Where an entrance to an attached garage
faces an exterior side yard, the minimum
exterior side for the garage shall be
4.5 m (14.76 ft)
6 m (19.69 ft).
(i)
Minimum rear yard setback
9.0 m (29.53 ft)
(j)
Minimum dwelling unit area
80 m2 (861 ft2)
(k)
Maximum building height
10.5 m (34.45 ft)
(l)
Minimum accessory building yard setback
1.2 m (3.94 ft)
(m)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
9.4.2.5 A Fourplex or Quadraplex Dwelling:
(a)
Minimum lot frontage
24.5 m (80.38 ft)
(b)
Minimum lot area
800 m2 (8611.4 ft2)
(c)
Minimum lot area per dwelling unit
200 m2 (2152.8 ft2)
(d)
Maximum lot coverage
35%
(e)
Minimum landscaped open space
20%
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 9
9
(f)
Minimum front yard setback
7.5 m (24.6 ft)
(g)
Minimum interior side yard setback of 4.5 m (14.76 ft) on one side and 1.8
m (5.9 ft) on the other side.
(h)
(i)
Minimum exterior side yard setback
(ii)
Where an entrance to an attached garage
faces an exterior side yard, the minimum
exterior side for the garage shall be
4.5 m (14.76 ft)
6 m (19.69 ft).
(i)
Minimum rear yard setback
9.0 m (29.53 ft)
(j)
Minimum dwelling unit area
80 m2 (861 ft2)
(k)
Maximum building height
10.0 m (32.8 ft)
(l)
Minimum accessory building yard setback
1.2 m (3.94 ft)
(m)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
9.5
RESIDENTIAL MULTIPLE (RM2) ZONE
In the St. Davids Community Zoning District - Residential Multiple (RM2) 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:
9.5.1
Permitted Uses:
(a)
accessory building and structures in accordance with Section 6.1
(b)
group home in accordance with Section 6.20
(c)
nursing home including secondary dwelling units
(d)
senior citizen apartment building including secondary dwelling units
9.5.2
Zone Requirements:
(a)
Minimum lot frontage
30.0 m (98.4 ft)
(b)
Minimum lot area
2,000 m2 (21,528.5
ft2)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
30%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback of 6.0 m (19.69 ft).
Except where the interior lot line is adjacent to a Residential 1 (R1) Zone,
Residential 2 (R2) Zone, Residential 3 (R3) Zone or Estate Residential
(ER) Zone in the St. Davids Community Zoning District, a minimum
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 10
9
interior side yard equal to the building height is required, whichever is
greater.
(g)
Minimum exterior side yard setback
7.5 m (24.6 ft)
(h)
Minimum rear yard setback of 7.5 m (24.6 ft).
Except where the rear lot line is adjacent to a Residential 1 (R1) Zone,
Residential 2 (R2) Zone, Residential 3 (R3) Zone or Estate Residential
(ER) Zone in the St. Davids Community Zoning District, a minimum rear
side yard equal to the building height is required, whichever is greater.
(i)
Minimum distance between main buildings located on the same of 15.0 m
(49.2 ft)
(j)
Minimum dwelling unit area:
(i)
Bachelor unit
(ii)
1 bedroom unit
(iii)
2 bedroom unit
37 m2 (398.3 ft2)
41 m2 (441 ft2)
69 m2 (742.7 ft2)
(k)
Maximum building height
10.5 m (34.45 ft)
(l)
Minimum accessory building yard setback
1.2 m (3.94 ft)
(m)
Minimum accessory building exterior side yard
setback
7.5 m (24.6 ft)
9.6
RESIDENTIAL DEVELOPMENT (RD) ZONE
In the St. Davids 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:
9.6.1
Permitted Uses
a)
existing uses
9.6.2
Zone Requirements:
(a)
As existing
(b)
Additions to a existing single detached dwelling shall be in accordance
with Section 9.1.2
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.
9.7
VILLAGE COMMERCIAL (VC) ZONE
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 11
9
In the St. Davids 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:
9.7.1 Permitted Uses:
(a)
accessory buildings and structures
(b)
antique sales store
(c)
automobile service station
(d)
bake shop
(e)
bank or financial institution
(f)
brew your own operation
(g)
coin laundry
(h)
commercial recreation facility
(i)
convenience store
(j)
dry cleaning outlet
(k)
florist shop
(l)
hardware store
(m)
hotel
(n)
medical clinic
(o)
motel
(p)
outdoor patio restaurant, as a secondary use to an existing restaurant in
accordance with Section 6.36
(q)
personal service establishment (as amended by 4316J-11)
(r)
postal outlet
(s)
professional office
(t)
restaurant
(u)
residential use in accordance with Section 6.48
(v)
retail store
(w)
service establishment
(x)
take-out restaurant
(y)
tavern
(z)
vacation apartment (added by 4316AI-13, OMB PL130581, December 5, 2013)
9.7.2 Zone Requirements:
(a)
Minimum lot frontage
15.0 m (49.2 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 12
9
(b)
Minimum lot area
464 m2 (4994.6 ft2)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
0 m (0 ft)
(f)
Minimum interior side yard setback of 3 m (9.84 ft) on one side and 0 m (0
ft) on other side
(g)
Minimum exterior side yard setback
0 m (0 ft)
(h)
Minimum rear yard setback of 7.5 m (24.6 ft), except that where the rear
yard abuts a residential zone, 12.0 m (39.4 ft) is required
(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
1.2 m (3.94 ft)
(l)
Outside storage in accordance with Section 6.37
(m)
On-site parking location in rear yard only
9.7.3 Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned Village Commercial (VC)
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.
9.8
SERVICE COMMERCIAL (SC) ZONE
In the St. Davids Community Zoning District - Service Commercial (SC) 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:
9.8.1 Permitted Uses:
(a)
accessory buildings and structures
(b)
automobile sales establishment
(c)
automobile service station
(e)
bake shop
(e)
commercial recreation facility
(f)
cottage rental (added by 4316AI-13, OMB PL130581, December 5, 2013)
(g)
farm implement dealer
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 13
9
(h)
garden centre
(i)
gas bar
(j)
hardware store
(k)
manual or an automatic car wash
(l)
professional office
(m)
recreational vehicle sales and service establishment
(n)
residential use in accordance with Section 6.48
(o)
retail store
(p)
service establishment
(q)
taxi establishment
(r)
wholesale building supply establishment
9.8.2 Zone Requirements:
(a)
Minimum lot frontage
30.0 m (100 ft)
(b)
Minimum lot area
1,400 m2 (15069.97
ft2)
(c)
Maximum lot coverage
40%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
7.5 m (24.6 ft)
(f)
Minimum interior side yard setback
4.5 m (14.76 ft)
(g)
Minimum exterior side yard setback
6.0 m (19.69 ft)
(h)
Minimum rear yard setback of 7.5 m (24.6 ft), except that where the rear
yard abuts a residential zone, 12.0 m (39.37 ft) is required
(i)
Maximum building height
10.5 m (34.45 ft)
(j)
Minimum accessory building yards setback
1.5 m (5 ft)
(k)
Minimum accessory building exterior side yard
setback
4.5 m (14.76 ft)
(l)
Outside storage in accordance with Section 6.36
9.8.3 Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned Service Commercial
(SC) 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.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 14
9
9.9
ENTERPRISE (E) ZONE
In the St. Davids Community Zoning District - Enterprise (E) 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:
9.9.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
assembly hall
(c)
commercial school or trade school (as amended by 4316J-11)
(d)
commercial recreation facility
(e)
farm implement dealership and repair facility
(f)
fruit and vegetable processing establishment and storage
(g)
manufacturing establishment
(h)
office complex
(i)
professional office
(j)
repair service establishment
(k)
research and development establishment
(l)
retail use secondary to a permitted use
(m)
service establishment
(n)
veterinary office
(o)
warehouse
(p)
winery production facility
(q)
wholesale establishment
9.9.2
Zone Requirements:
(a)
Minimum lot frontage
40.0 m (131.23 ft)
(b)
Minimum lot area
0.4 ha (1 ac)
(c)
Maximum lot coverage
40%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
10.0 m (32.8 ft)
(f)
Minimum interior side yard setback of 6.0 m (19.69 ft), except that where
the interior side yard abuts a residential zone, 10.0 m (32.8 ft) is required
(g)
Minimum exterior side yard setback
10.0 m (32.8 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 15
9
(h)
Minimum rear yard setback of 12.0 m (39.37 ft), except that where the
rear yard abuts a residential zone, 15.0 m (49.2 ft) is required
(i)
Minimum floor area
380 m2 (4090.42 ft2)
(j)
Maximum building height
10.5 m (34.45 ft)
(k)
Minimum accessory building yards setback
1.5 m (5 ft)
(l)
Minimum accessory building exterior side yard
setback
10.0 m (32.8 ft)
(m)
Outside storage in accordance with Section 6.36
9.9.3 Buffer Strip:
Where the interior side yard or rear lot line of a lot zoned Enterprise (E) 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.
9.10
INSTITUTIONAL (I) ZONE
In the St. Davids 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:
9.10.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
ambulance service detachment
(c)
cemetery
(d)
community centre
(e)
church or religious institution
(f)
day care centre
(g)
fire hall
(h)
government office
(i)
institutional use
(j)
library
(k)
museum
(l)
nursing home
(m)
school
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 16
9
(n)
secondary dwelling unit to a permitted use
9.10.2
Zone Requirements:
(a)
Minimum lot frontage
30.0 m (100 ft)
(b)
Minimum lot area
2,000 m2 (21,528 ft2)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
9.0 m (29.53 ft)
(f)
Minimum interior side yard setback
7.5 m (24.6 ft)
(g)
Minimum exterior side yard setback
9.0 m (29.53 ft)
(h)
Minimum rear yard setback of 7.5 m (24.6 ft), except that where the rear
yard abuts a residential zone, 12.0 m (39.37 ft) is required
(i)
Maximum building height
10.5 m (34.45 ft)
(j)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(k)
Minimum accessory building exterior side yard
setback
9.0 m (29.53 ft)
9.10.3 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.
9.11
OPEN SPACE (OS) ZONE
In the St. Davids 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:
9.11.1
Permitted Uses:
(a)
accessory buildings and structures in accordance with Section 6.1
(b)
cemetery
(c)
conservation management activities and uses
(d)
existing building and structure
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 17
9
(e)
golf course
(f)
historic sites
(h)
private club
(h)
public and private parks
9.11.2 Zone Requirements:
(a)
Minimum lot frontage
n/a
(b)
Minimum lot area
n/a
(c)
Maximum lot coverage
10%
(d)
Minimum front yard setback
15.0 m (49.2 ft)
(e)
Minimum interior side yard setback
7.5 m (24.6 ft)
(f)
Minimum exterior side yard setback
15.0 m (49.2 ft)
(g)
Minimum rear yard setback
15.0 m (49.2 ft)
(h)
Maximum building height
8.6 m (28 ft)
(i)
Minimum accessory building yards setback
1.5 m (5 ft)
(j)
Minimum accessory building exterior side yard
setback
15.0 m (49.2 ft)
9.12
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.
9.12.1 Water Feature 2
9.12.1.1 Permitted Uses:
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 18
9
(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:
(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)
expansions to existing dwellings, building and structures, subject
to (an environmental impact study (EIS)
(4)
infrastructure
(5)
single detached dwelling and accessory buildings on existing lots
of record subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
(d)
public boat launch and dock, subject to an environmental impact study
(EIS)
9.12.1.2 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 is 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)
9.12.2 Regional Environmental Conservation Area
9.12.2.1
Permitted Uses:
(a)
conservation management activities and uses, subject to an
environmental impact study (EIS)
(b)
expansions to existing dwellings, building and structures, subject to an
environmental impact study (EIS)
(c)
existing accessory buildings and structures in accordance with Section
6.1, including expansions, subject to an environmental impact study
(EIS)
(d)
existing dwellings, buildings and structures
(e)
existing private boathouses and docks
(f)
existing public and private parks
(g)
infrastructure
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 19
9
(h) public boat launch and dock, subject to an environmental impact study
(EIS)
(i)
single detached dwelling and accessory buildings on existing lots of
record subject to clearance from the Niagara Peninsula Conservation
Authority (NPCA)
9.12.2.2
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)
9.12.3 NPCA Regulation Area
9.12.3.1
Development subject to NPCA approval
9.12.4
Water body
9.12.4.1
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
(6)
single detached dwelling and accessory buildings on existing lots
of record subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 20
9
(e) public boat launch and dock, subject to an environmental impact study
(EIS)
9.12.4.2 Zoning requirements:
(a)
Development subject to clearance from the Niagara Peninsula
Conservation Authority (NPCA)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 21
9
9.13
SITE SPECIFIC EXCEPTIONS
9.13.1
23 Four Mile Creek Road, Creekside Senior Estates Cooperative - See
Schedule 'A-23' (RM1-1 & VC-1)
Notwithstanding the provisions of the Residential Multiple (RM1) Zone and the Village
Commercial (VC) Zone, lands identified as RM1-1 and VC-1 on Schedule 'A-23', only
the following uses shall apply:
9.13.1.1
RM1-1 Permitted Uses:
(a)
accessory buildings and structures
(b)
mobile home park
(c)
recreational vehicle park
9.13.1.2
RM1-1 Zone Requirements:
(a)
Maximum number of mobile home units in a mobile
home park
52
(b)
Maximum number of park model home units in a
recreational vehicle park
79
(c)
Minimum setback from top of bank of Four Mile
Creek
15 m (49 ft)
(d)
Maximum height of a mobile or park model home,
excluding footing or foundation
3.6 m (12 ft)
(e)
Minimum front yard setback from laneway
0.91 m (3 ft)
(f)
Minimum side yard setback for each site
0.91 m (3 ft)
(g)
Rear yard setback for each site rear yard
0.91 m (3 ft)
(h)
Number of mobile homes/park model homes per
site
1
(i)
Accessory buildings and structures
setbacks as existing
9.13.1.3
VC-1 Permitted Uses:
(a)
existing mobile home sales
(b)
existing recreation vehicle sales and service
(c)
existing single detached dwelling
9.13.1.4
VC-1 Zone Requirements:
(a)
Building setbacks as existing
9.13.2
Four Mile Creek Road - Agricultural Market - See Schedule 'A-23' (VC-2)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 22
9
Notwithstanding the provisions of the Village Commercial (VC) Zone, lands identified
as VC-2 on Schedule 'A-23', the following permitted provisions shall apply:
9.13.2.1
Permitted Uses:
(a)
existing agricultural market
9.13.3
1360-1366 York Road - Ravine Vinyard Estate Winery, Roll #25-161 - See
Schedule 'A-23' (A-3) & (OS-3)
Notwithstanding the provisions of the Agricultural (A) Zone and the Open Space (OS)
Zone, lands identified as A-3 and OS-3 on Schedule 'A-23', the following additional
provisions shall apply:
9.13.3.1
A-3 Permitted Uses:
(a)
estate winery
9.13.3.2
A-3 Zone Requirements for the Estate Winery:
(a)
Minimum lot area
13.7 ha (33.9 ac)
(b)
Minimum lot frontage
62.5 m (205 ft)
(c)
Off-street parking for the Estate Winery shall be provided at the rate of
one (1) parking space per employee
(d)
Minimum building setback from all property lines
shall be
15 m (49.2 ft)
(e)
Maximum lot coverage for all buildings
15%
(f)
Maximum building height to peak of roof
11 m (36 ft)
9.13.3.3
A-3 Permitted Secondary Uses, in association with, and secondary to the main
use of the Estate Winery:
(a)
agricultural market / delicatessen (including kitchen / ancillary food
preparation area) with a maximum floor area of 182.6 m2 (1,965.6 ft2)
(b)
hospitality room with a maximum floor area of 298 m2 (3, 207.8 ft2)
(c)
outdoor covered / uncovered patio with a maximum floor area of 380.7 m2
(4,097.9 ft2)
(d)
outdoor special event / tent area with a maximum area of 987.1 m2
(10,625 ft2) subject to maximum of twenty-four (24) events each year.
After the completion and occupancy of the restaurant, the agricultural
market/delicatessen and the hospitality room areas shall not be open for
public use during any time that a special event is being held. (as amended
by 4316AM-13)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 23
9
(e)
one additional dwelling unit. The number of required parking spaces shall
be (one) 1 space per unit. The use of the additional dwelling unit for a
bed and breakfast establishment as defined in Section 6.5, and / or a
home occupation (as defined in Section 6.24) is prohibited.
(f)
restaurant (including kitchen area) with a maximum floor area of 537.2 m2
(5,782.6 ft2)
(g)
retail sale of wine with a maximum floor area of 302.5 m2 (3,256.2 ft2)
(h)
unless otherwise stated off-street parking for all other secondary uses
shall be one parking space for every 18.5 m2 (199 ft2) of floor area
devoted to the secondary use.
9.13.3.4
A-3 An outdoor covered/uncovered patio and an outdoor event tent area shall
be subject to the following provisions:
(a)
A minimum setback of 20 m from any residential zone shall be provided.
(b)
That Section 6.13 (g) (1) is not applicable to these lands. (as amended by
4316AM-13)
(c)
The use shall operate seasonally from March 1 to October 31 each
calendar year.
(d)
All outdoor lighting shall be deflected away from any residential area.
(e)
The surface of an outdoor patio shall be limited to a maximum height of
1 m (3.28 ft) above grade.
(f)
A maximum of one (1) event that extends past dusk hall be permitted per
weekend. Weekend is defined for the purposes of this Section as Friday,
Saturday and Sunday. (as amended by 4316AM-13)
(g)
An event that is restricted in 9.13.3.3 (f) are those events that extend after
dusk. (as added by 4316AM-13)
(h)
An event that is restricted in 9.13.3.3.(f) shall have a maximum number of
two hundred (200) guests permitted. (as added by 4316AM-13)
9.13.3.5
OS-3 Notwithstanding the provisions of the Open Space (OS) Zone, in Section
9.11, agricultural uses (excluding farm buildings) subject to the regulations of
the Niagara Peninsula Conservation Authority are permitted on those lands
identified as OS-3 on Schedule 'A-23'
9.13.3.6
An outdoor event/tent is defined as an area used for winery related hospitality
functions that include corporate functions, reception, group tours, outdoor
activities, community non-profit events, and similar events and activities. (as
added by 4316AM-13)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 24
9
Note: Daytime attendance shall be regulated by the building code, fire code, and
available on-site parking. Standard municipal processes shall be followed to
obtain approvals through the Clerk's Office and Fire Department when
applicable. (as added by 4316AM-13)
9.13.4 Tanbark Road, Apricot Glen Subdivision - See Schedule 'A-23' (R1-4)
Notwithstanding the provisions of the Residential (R1) Zone and the Open Space
(OS) Zone, the following special provisions shall apply to the lands identified as R1-4
and OS-4 on Schedule 'A-23';
9.13.4.1
R1-4 Zone requirements:
(a)
Minimum lot area
545 m2 (5866.5 ft2)
(b)
Minimum lot depth
29.24 m (95.93 ft)
(c)
Minimum lot frontage
18.29 m (60 ft)
(d)
Maximum lot coverage for bungalows (as amended
by 4316J-11)
40%
(e)
Maximum lot coverage for 1½ and 2 storey
dwellings
33%
(f)
Minimum front yard setback
6.0 m (19.69 ft)
(g)
Minimum interior side yard setback
1.5 m (5 ft)
(h)
Minimum exterior side yard setback
4.57 m (15 ft)
(i)
Minimum rear yard setback
7.62 m (25 ft)
(j)
Maximum building height
10.67 m (35 ft)
(k)
The garage doors shall not occupy more than fifty per cent (50%) of the
street facing façade of a house. (as amended by 4316J-11)
(l)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth (as
amended by 4316J-11)
9.13.4.2
OS-4 Permitted Uses:
(a)
no buildings or structures are permitted
9.13.5
Tanbark Road, (63, 67, 71, 73 79, 85, 91, 95, 99, 105, 111 & 117) - See Schedule
'A-23' (R1-5)
Notwithstanding the provisions of the Residential (R1) Zone, lands identified as R1-5
on Schedule 'A-23', the following special provisions shall apply:
9.13.5.1
Zone requirements:
(a)
Minimum lot frontage
30.17 m (99 ft)
(b)
Minimum lot area
0.20 ha (0.50 ac)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 25
9
(c)
Maximum lot frontage
15%
(d)
Minimum front yard setback
7.62 m (25 ft)
(e)
Minimum interior side yard setback
3.05 m (10 ft)
(f)
Minimum exterior side yard setback
4.57 m (15 ft)
(g)
Minimum rear yard setback
7.62 m (25 ft)
9.13.6
Four Mile Creek Road (The Settlement of St. Davids) - See Schedule 'A-23' (R1-
6), (RM1-6) & (OS-6)
Notwithstanding the provisions of the Residential (R1) Zone, the Residential Multiple
(RM1) Zone and the Open Space (OS) Zone, the following special provisions shall
apply to the lands identified as R1-6, RM1-6 & OS-6 on Schedule "A-23".
9.13.6.1
R1-6 Permitted Uses:
(a)
maximum of sixty-nine (69) single detached dwellings
9.13.6.2
R1-6 Zone Requirements:
(a)
Minimum lot frontage for single detached dwelling
15 m (49.2 ft)
(b)
Maximum lot coverage for bungalows (as amended
by 4316J-11)
40%
(c)
Maximum lot coverage for 1½ and 2 storey
dwellings
33%
(d)
Minimum front yard setback for single detached
dwelling with attached garage
6.0 m (19.69 ft)
(e)
Minimum front yard setback for single detached
dwelling with detached garage in rear yard
3.0 m (9.84 ft)
(f)
Minimum front yard setback for attached garage for
single detached dwelling
6.0 m (19.69 ft)
(g)
Minimum interior side yard setback for single
detached dwelling with attached garage
1.2 m (3.94 ft)
(h)
Minimum interior side yard setback for single detached dwelling where
there is no attached garage of 1.5 m (5.0 ft) on one side and 3.0 m (9.84
ft) on the other side
(i)
Minimum exterior side yard setback for single
detached dwelling
4.0 m (13.12 ft)
(j)
Minimum rear yard setback for single detached
dwelling
7.5 m (24.6 ft)
(k)
Minimum side and rear yard setback for accessory
buildings
1.0 m (3.28 ft)
(l)
Maximum building height to the peak of roof
9.76 m (32.02 ft)
(m)
Minimum driveway width
3.0 m (9.84 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 26
9
(n)
Minimum number of parking spaces per dwelling unit of 2, including one
space in the garage and one tandem space in front of the garage
(o)
Minimum dwelling unit area
93 m2 (1001 ft2)
(p)
Garages shall not project beyond the front face of the main building
façade except where a front porch is applied, the garage may project to
the depth of the front porch
(q)
Maximum garage width
7.93 m (26 ft)
(r)
Privacy fencing for dwellings on corner lots or flankage lots should not
occupy more than fifty per cent (50 %) of the flankage lot line measured
from the rear property line.
(s)
Fencing along the front yard or corner lots shall be a maximum of 1.0 m
(3.28 ft) in height.
(t)
Minimum lot area for single detached dwelling
484 m2 (5209 ft2)
(w)
The garage doors shall not occupy more than fifty per cent (50%) of the
street facing façade of a house. (as amended by 4316J-11)
(v)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth. (as
amended by 4316J-11)
9.13.6.3
RM1- 6 Permitted Uses:
(a)
maximum of thirty-one (31) townhouse units
9.13.6.4
RM1-6 Zone Requirements:
(a)
Minimum lot frontage for townhouse unit
7.0 m (22.96 ft)
(b)
Minimum front yard setback for townhouse with
attached garage (Block 70 and 71)
4.5 m (14.76 ft)
(c)
Minimum front yard setback for townhouse with
detached garage in rear yard (Block 80)
1.5 m (5 ft)
(d)
Minimum front yard setback for attached garage for
townhouse unit
6.0 m (19.69 ft)
(e)
Minimum interior side yard setback for townhouse
unit
0 m (0 ft)
(f)
Minimum exterior side yard setback for townhouse
unit.
4.0 m (13.12 ft)
(g)
Minimum rear yard setback for townhouse unit
7.5 m (24.6 ft)
(h)
Minimum side and rear yard setback for accessory
buildings
1.0 m (3.28 ft)
(i)
Minimum rear yard amenity space for townhouse
units
27.8 m2 (299.2 ft2)
(j)
Maximum building height to the peak of roof
9.76 m (32.02 ft)
(k)
Minimum driveway width
3.0 m (9.84 ft)
(l)
Minimum number of parking spaces per dwelling unit of 2, including one
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 27
9
space in the garage and one tandem space in front of the garage.
(m)
Minimum dwelling unit area
93 m2 (1001 ft2)
(n)
Garages shall not project beyond the front face of the main building
façade except where a front porch is applied, the garage may project to
the depth of the front porch.
(o)
Garage doors shall not occupy more than fifty per cent (50 %) of the lot
frontage.
(p)
Garage interior widths shall be a maximum of 6.0 m (19.69 ft).
(q)
Garage shall incorporate single-width wide garage doors. (as amended by
4316J-11)
(r)
Living fences shall be permitted (flora specie indigenous to area).
(s)
Privacy fencing for dwellings on corner lots or flankage lots shall not
occupy more than fifty per cent (50 %) of the flankage lot line measured
from the rear property line.
(t)
Fencing along the front yard or corner lots shall be a maximum of 1.0 m
(3.28 ft) in height.
9.13.6.5
OS-6 Permitted Uses:
(a)
no buildings or structures are permitted
9.13.7
Tanbark Road (Courtland Valley) - See Schedule 'A-23' (R1-7a), (R1-7b) and
(RM1-7) (as amended by 4316K-11)
Notwithstanding the provisions of the Residential (R1) Zone and the Residential
Multiple (RM1) Zone, the following special provisions shall apply to those lands
identified as "St. David's Community Zoning District - Residential (R1-7a), (R1-7b) &
(RM1-7) - Site Specific Zone" on Figure 9.13.7F:
Lots 1-29 & 31-36
9.13.7.1
Zone Requirements for Single Detached Dwellings (R1-7a):
(a)
Minimum lot area
450 m2 (4,843.9 ft2)
(b)
Minimum lot frontage
15 m (49.2 ft)
(c)
Minimum lot depth
30 m (100 ft)
(d)
Minimum front yard setback of 4.5 m (14.76 ft), except 6.0 m (19.69 ft) to
an attached garage.
(e)
Minimum interior side yard setback of 1.22 m (4.0 ft), except the westerly
interior side yard setback of Lots 11 and 29 should be 6 m (19.69 ft).
(f)
Minimum exterior side yard setback
4.0 m (13.12 ft)
(g)
Minimum rear yard setback
7.62 m (25 ft)
(h)
Maximum lot coverage:
(i) Bungalows and 1 ½ storeys without covered
40%
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 28
9
porch and deck
(ii) Bungalows and 1 ½ storeys with covered
enclosed porch and deck
(iii) 2 storey dwellings without covered porch and
deck
(iv) 2 storey dwellings with covered porch and
deck
45%
33%
38%
(i)
Maximum building height with a maximum of 2
storeys
10.67 (35.0 ft)
(j)
Maximum building height for Lots 1 and 2 with a
maximum of 2 storeys
9.1m (30.0 ft)
(k)
Permitted encroachment in the rear yard for decks
2.0 m (6.56 ft)
(l)
The garage doors shall not occupy more than fifty percent (50%) of the
street facing façade of a house.
(m)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth.
Lot 30
9.13.7.2
Zone Requirements for Single Detached Dwelling (R1-7b):
(a)
Minimum lot area
450 m2 (4,843.9 ft2)
(b)
Minimum lot frontage
15 m (49.2 ft)
(c)
Minimum lot depth
30 m (100 ft)
(d)
Minimum front yard setback of 6.0 m (19.69 ft), except 7.62 m (25 ft) to an
attached garage.
(e)
Minimum interior side yard setback
1.5 m (5.0 ft)
(f)
Minimum exterior side yard setback
4.57 m (15 ft)
(g)
Minimum rear yard setback
7.62 m (25 ft)
(h)
Maximum lot coverage for a bungalow
40%
(i)
Maximum lot coverage for a 1½ or 2 storey
dwelling
33%
(j)
Maximum building height with maximum of 2
storeys
9.1 m (30 ft)
(k)
Garages shall not project beyond the front face of the main building
façade.
Blocks 37-41
9.13.7.3
Zone Requirements for Townhouse Dwellings (RM1-7):
(a)
Minimum lot area
(i)
Interior lot
(ii) Exterior lot
30 m2 (2,475.70 ft2)
60 m2 (2,798.62 ft2)
(b)
Minimum lot depth
30 m (100 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 29
9
(c)
Minimum lot frontage - end unit
8.7 m (28.54 ft)
(d)
Minimum lot frontage - interior unit
7.5 m (24.6 ft)
(e)
Minimum front yard setback of 4.5 m (14.76 ft), except 6.0 m (19.69 ft) to
an attached garage.
(f)
Minimum end unit side yard setback
1.22 m (4.0 ft)
(g)
Minimum end unit easterly side yard setback -
Block 39
1.52 m (5.0 ft)
(h)
Minimum interior unit side yard setback
0 m (0 ft)
(i)
Minimum exterior side yard setback
4.0 m (13.12 ft)
(j)
Minimum rear yard setback
7.62 m (25 ft)
(k)
Minimum rear yard setback - Block 39
7.4 m (24.28 ft)
(l)
Minimum landscaping area
35%
(m)
Minimum parking spaces of 2 spaces per unit which may include one
space in the garage, and one tandem space in the driveway.
(n)
Minimum dwelling unit size
92.9 m2 (1000 ft2)
(o)
Maximum building height with a maximum of 2
storeys
10.67 m (35 ft)
(p)
Maximum building height to the peak of the roof -
Block 39
9.1 (30.0 ft)
(q)
Garage interior widths shall be a maximum of 6.0 m (19.69 ft).
(r)
Garages shall not project beyond the front face of the main building
façade.
(s)
Permitted encroachment in the rear yard for decks
2.0 m (6.56 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 30
9
Figure 9.13.7F: Tanbark Road, Courtland Valley
9.13.8
123 & 125 Tanbark Road & Apricot Glen Drive - See Schedule 'A-23' (R1-8)
Notwithstanding the provisions of the Residential (R1) Zone, the following special
provisions shall apply to the lands identified as R1-8 on Schedule 'A-23'.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 31
9
9.13.8.1
R1-8, Zone requirements:
(a)
Minimum lot area
970 m2
(10,441.33ft2)
(b)
Maximum lot coverage for bungalows
40%
(c)
Maximum lot coverage for 1½ and 2 storey
dwellings
33%
(d)
Minimum front yard setback
7.62 m (25 ft)
(e)
Minimum rear yard setback
7.62 m (25 ft)
(f)
Minimum interior side yard setback
1.5 m (5 ft)
(g)
Minimum exterior side yard setback
4.57 m (15 ft)
(h)
Minimum lot frontage
18.29 m (60 ft)
(i)
Minimum lot depth
36.58 m (120 ft)
(j)
Maximum building height
10.67 m (35 ft)
(k)
The garage doors shall not occupy more then fifty per cent (50%) of the
street facing façade of a house. (as amended by 4316J-11)
(l)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth. (as
amended by 4316J-11)
9.13.9
82 Tanbark Road - See Schedule 'A-23' (R1-9)
Notwithstanding the provisions of the Residential (R1) Zone, the following special
provisions shall apply to the lands identified as R1-9 on Schedule 'A-23'.
9.13.9.1
Zone requirements:
(a)
Maximum lot area
2.4 ha (6 ac)
(b)
Minimum area of single detached dwelling including
attached garage
291 m2 (3,129 ft2)
(c)
Maximum area of roofed porch
32 m2 (345 ft2)
(d)
Maximum building height to peak of roof
10.67 m (35 ft)
(e)
Minimum lot frontage
18.29 m (60 ft)
(f)
Maximum lot coverage
33%
(g)
Maximum front yard setback
7.62 m (25 ft)
(h)
Maximum rear yard setback
7.62 m (25 ft)
(i)
Maximum interior side yard setback
1.5 m (5 ft)
(j)
Maximum exterior side yard setback
4.57 m (15 ft)
9.13.10
144 Tanbark Road - See Schedule 'A-23' (R1-10)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 32
9
Notwithstanding the provisions of the Residential (R1) Zone, the following special
provisions shall apply to the lands identified as R1-10 on Schedule 'A-23'.
9.13.10.1 Zone Requirements:
(a)
Minimum lot area
900 m2 (9687.84 ft2)
(b)
Minimum lot frontage
18.29 m (60 ft)
(c)
Maximum lot coverage
33%
(d)
Maximum front yard setback
7.62 m (25 ft)
(e)
Maximum rear yard setback
7.62 m (25 ft)
(f)
Maximum interior side yard setback .
1.5 m (5 ft)
(g)
Maximum exterior side yard setback
4.57 m (15 ft)
(h)
Maximum building height
10.67 m (35 ft)
9.13.11
Tanbark Road (St. Davids Estates)- See Schedule 'A-23' (R1-11)
Notwithstanding the provisions of the Residential (R1) Zone, the following special
provisions shall apply to the lands identified as R1-11 on Schedule 'A-23'.
9.13.11.1 Zone Requirements:
(a)
Minimum lot area
460.50 m2 (4956.94ft2)
(b)
Maximum lot coverage for bungalows (as
amended by 4316J-11)
40%
(c)
Maximum lot coverage for 1½ and 2 storey
dwellings
33%
(d)
Minimum lot frontage
15.24 m (50 ft)
(e)
Minimum front yard setback to single detached
dwelling
6 m (19.69 ft)
(f)
Minimum front yard setback to an attached garage
7.62 m (25 ft)
(g)
Minimum rear yard setback
7.62 m (25 ft)
(h)
Minimum interior side yard setback
1.5 m (5 ft)
(i)
Minimum exterior side yard setback
4.57 m (15 ft)
(j)
Maximum building height
10.67 m (35 ft)
(k)
The garage doors shall not occupy more than fifty per cent (50%) of the
street facing façade of a house. (as amended by 4316J-11)
(l)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth. (as
amended by 4316J-11)
9.13.12
Four Mile Creek Road (Apricot Glen Phase 2) - See Schedule 'A-23' (RD-12) &
(RM1-12)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 33
9
Notwithstanding the provisions of the Residential (R1) Zone and the Multiple
Residential (RM1) Zone, the following special provisions shall apply to the lands
identified as R1-12 & RM1-12 on Schedule 'A-23'.
9.13.12.1 R1-12, Zone Requirements:
(a)
Minimum lot area
568 m2 (6114.10 ft2)
(b)
Maximum lot coverage for bungalows (as amended
by 4316J-11)
40%
(c)
Maximum lot coverage for 1½ and 2 storey
dwellings
33%
(d)
Minimum lot frontage
15.97 m (52.39 ft)
(e)
Minimum front yard setback to the face of a
dwelling
6 m (19.69 ft)
(f)
An attached garage shall not project beyond the front face of the dwelling.
(g)
Maximum building height to the peak of roof
10.4 m (34 ft)
(h)
The garage doors shall not occupy more than fifty per cent (50%) of the
street facing façade of a house. (as amended by 4316J-11)
(i)
The front porch shall be a minimum of 2.0 m (6.56 ft) in depth. (as
amended by 4316J-11)
9.13.12.2 RM1-12, Zone Requirements:
(a)
Minimum lot area
240 m2 (2583.3 ft2)
(b)
Minimum lot frontage per unit
7.5 m (24.6 ft)
(c)
Minimum lot depth
29 m (95.14 m)
(d)
Minimum front yard setback to face of dwelling
6.1 m (20 ft)
(e)
An attached garage shall not project beyond the front face of the dwelling.
(f)
Minimum end unit side yard setback
1.5 m (5 ft)
(g)
Minimum interior side yard setback
0 m (0 ft)
(h)
Minimum exterior side yard setback
4.57 m (15 ft)
(i)
Minimum rear yard setback
7.62 m (25 ft)
(j)
Maximum building height to the peak of roof
10.4 m (34 ft)
(k)
Minimum dwelling unit size
92.9 m2 (1000 ft2)
(l)
Garage interior widths shall be a maximum of 6.0 m (19.69 ft).
(m)
Minimum parking spaces per unit of 2, which may include one space in
the garage, and one tandem space in the driveway.
9.13.13
Queenston Road - Pt. Lot 96 - Vineyard Creek- See Schedule 'A-23' (RD-13)
Notwithstanding the provisions of the Residential (R1) Zone, the following special
provisions shall apply to the lands identified as R1-13 on Schedule 'A-23'.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 34
9
9.13.13.1 R1-13 Zone Requirements:
(a)
Minimum lot frontage
18.0 m (59.0 ft)
(b)
Minimum front yard setback to the face of a
dwelling
7.62 m (25.0 ft)
(c)
Maximum lot coverage
33%
(d)
Minimum rear yard setback
9.14 m (30 ft)
(e)
Minimum interior side yard setback
1.52 m (5 ft)
(f)
Minimum exterior side yard setback
3.04 m (10 ft)
(g)
Minimum accessory side and rear yard setback
1.52 m (5 ft)
(h)
Accessory structures are not permitted within the front yard.
(i)
An attached garage shall not project beyond the front face of the dwelling
and shall be setback a minimum of 0.60 m (2 ft) from the front face of the
dwelling. The 0.6 m (2 ft) setback from the front face of the dwelling for a
side entry garage shall not be required. (as amended by 4316J-11)
(j)
Maximum front face of garage
9.14 m (30 ft)
(k)
Maximum building height to the mid-point of roof
9.75 m (32 ft)
(l)
Minimum area for a one storey single detached
dwelling, excluding garage and covered terraces
185.8 m2 (2000 ft2)
(m)
Minimum area for a two storey single detached
dwelling, excluding garage and covered terraces
209.02 m2 (2250 ft2)
(n)
Vehicles other than primary automobiles cannot be parked in the driveway
for any extended period of time (i.e. recreational vehicles, boats, trailers,
campers).
(o)
No structural development including, but not limited to storage sheds,
garages, pool houses, swimming pools, decks gazebos, shall be permitted
within a 7.5 m setback (24.6 ft) from the top of bank and no dumping of
any materials of any kind, including but not limited to fill material, grass
clippings, yard waste, is permitted within the 7.5 m buffer area.
(p)
Above ground pools are not permitted.
9.13.14
46 Paxton Lane - See Schedule 'A-23' (RD-14) (as fully amended by 4316AP-13)
That Schedule 'A-23' be further amended by zoning the lands as shown on Figure
9.13.14F to Residential (R1-14) - Site Specific Zone, Residential Multiple (RM1-14) -
Site Specific Zone, and Open Space (OS-14) - Site Specific Zone.
9.13.14.1 Notwithstanding the provisions of the Residential (R1) Zone, only single
detached dwellings shall be permitted on the lands identified as Residential
(R1-14) - Site Specific Zone as shown on Figure 9.13.14F and shall be subject
to the following provisions:
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 35
9
(a)
Minimum lot frontage
12.0 m (39.37 ft)
(b)
Minimum lot area
300.0 m2 (3299.28 ft2)
(c)
Maximum lot coverage
45%
(d)
Minimum front yard setback
3.0 m (9.84 ft)
(e)
Minimum front yard setback to front face of an
attached garage
(Garages shall not project beyond the front face of
the main building or beyond a front porch of a
minimum
1.5 m in depth)
6.0 m (19.69 ft)
(f)
Minimum interior side yard setback with attached
garage
(except where there is no attached garage, the
minimum side yard shall be 3.0 m (9.84 ft) on one
side)
1.2 m (3.94 ft)
(g)
Maximum interior garage width
(single width garage doors are required and the
combined width of the garage doors cannot be
more than 50% of the building face)
7.93 m (26.0 ft)
(h)
Minimum exterior side yard setback
3.0 m (9.84 ft)
(i)
Minimum rear yard setback
6.0 m (19.69 ft)
(j)
Accessory buildings shall have:
(i) minimum side and rear yard setback
(ii) minimum exterior side yard
1.52 m (5.0 ft)
3.0 m (9.84 ft)
(k)
Maximum building height to the peak of the roof
10 m (32.82 ft)
(l)
Minimum driveway width
3.0 m (9.84 ft)
(m)
Minimum number of parking spaces per dwelling
unit
2
(n)
Minimum dwelling unit area
93 m² (1001.08 ft²)
(o)
Privacy fencing for dwellings on corner lots or flankage lots should not
occupy more than fifty per cent (50%) of the flankage lot line measured
from the rear property line.
(p)
Fencing along the front yard for corner lots shall be a maximum of 1.0 m
(3.28 ft) in height.
9.13.14.2 Notwithstanding the provisions of the Residential Multiple (RM1) Zone, only
townhouses shall be permitted on the lands identified as Residential Multiple
(RM1-14) - Site Specific Zone as shown on Figure 9.13.14F and shall be
subject to the following provisions:
(a)
Maximum number of townhouse units
23
(b)
Minimum lot frontage per unit
8.0 m (26.25 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 36
9
(c)
Minimum front yard setback
3.0 m (9.84 ft)
(d)
Minimum front yard setback to an attached garage
(Garages shall not project beyond the front face of
the main building or beyond a front porch of a
minimum
1.5 m in depth)
6.0 m (19.69 ft)
(e)
Minimum interior side yard setback
(0 m for interior common walls)
1.5 m (4.92 ft)
(f)
Minimum exterior side yard setback
3.0 m (9.84 ft)
(g)
Minimum rear yard setback
6.0 m (19.69 ft)
(j)
Accessory buildings shall have:
(i) minimum side and rear yard setback
(ii) minimum exterior side yard
1.0 m (3.28 ft)
3.0 m (9.84 ft)
(i)
Minimum rear yard amenity space
27.8 m² (299.25 ft²)
(j)
Maximum building height to peak of roof
10.0 m (32.81 ft)
(k)
Minimum driveway width
3 m (9.84 ft)
(l)
Minimum number of parking spaces per dwelling
unit
2
(m)
Minimum dwelling unit area
93 m² (1001.08 ft²)
(n)
Garage doors shall not occupy more than 50% of the building face.
(o)
Maximum interior garage width
6.0 m (19.69 ft)
(p)
Living fences shall be permitted (flora specie indigenous to area)
(q)
Privacy fencing for dwellings on corner lots or flankage lots shall not
occupy more than fifty per cent (50%) of the flankage lot line measured
from the rear property line.
(r)
Fencing along the front yard or corner lots shall be a maximum of 1.0 m
(3.28 ft) in height.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 37
9
Figure 9.13.14F: 46 Paxton Lane
9.13.14.3 A private or condominium road shall be regarded the same as a public road.
This provision applies to all lots created in this development.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 38
9
9.13.14.4 Notwithstanding the provisions of the Open Space (OS) Zone in Section 9.11 of
the St. Davids Community Zoning District, no structural development or the
removal of existing vegetation on steep slopes, below the top of bank, shall be
permitted on those lands identified as 'Open Space (OS-14) - Site Specific
Zone on Figure 9.13.14F.
9.13.15
Four Mile Creek Road, Apricot Glen Phase III - (RM1-15) (OS-15) (as amended by
4316J-11)
Notwithstanding the provisions of the "St. David's Community Zoning District -
Residential Multiple (RM1) Zone" the following provisions shall apply to the lands
shown as RM1-15 and OS-15 on Figure 9.13.15F:
9.13.15.1 Permitted Uses:
Part 1:
townhouse or row house swellings
Part 2:
open space (OS)
9.13.15.2 Zone Requirements for Development:
(a)
Minimum lot area for development
3.35 ha (8.27 ac)
(b)
Maximum total lot coverage for development
35%
(c)
Minimum landscaped open space
30%
9.13.15.3 Zone Requirements for RM1-15:
(a)
Maximum number of townhouse units
59
(b)
Minimum lot frontage per unit
9.5 m (31.2 ft)
(c)
Minimum lot area per unit
200 m2 (2152.8 ft2)
(d)
Maximum building height (to peak of roof)
10 m (32.8 ft)
(e)
Minimum front yard setback of dwelling unit from
unit line
1.0 m (3.28 ft)
(f)
Minimum front yard setback of dwelling unit from
private road
4.0 m (13.12 ft)
(g)
Minimum front yard setback of garage from unit
line*
3.0 m (9.84 ft)
(h)
Minimum front yard setback of garage from private
road*
6.0 m (19.68 ft)
(i)
Common walls interior side yard setback
0 m (0 ft)
(j)
Minimum interior side yard
0.5 m (1.64 ft)
(k)
Minimum exterior side yard setback:
(i)
From public street
4.5 m (14.76 ft)
2.4 m (7.87 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 39
9
(ii)
From private road
(l)
Minimum separation between townhouse blocks
3 m (9.8 ft)
(m)
Minimum rear yard setback
3.5 m (11.48 ft)
(n)
Minimum number of parking spaces per unit of 2 spaces which may
include one space in the garage and one tandem space in the driveway.
The parking space dimension includes the common elements portion
immediately fronting each condominium unit. A tandem parking space,
including a driveway, may be located closer than 2 m (6.56 ft) to the front
or exterior lot line, or closer than 1 m (3.28 ft) to the front or interior side
lot line. If a second required parking space is provided in a garage, the
garage area must be able to accommodate two interior 3 m x 6 m (9.84 ft
x 19.69 ft) parking spaces.
(o)
Minimum visitor parking spaces
13 spaces
(p)
Minimum dwelling unit floor area
92.9 m2 (1000 ft2)
(q)
Building setback from MTO lands
14 m (45.93 ft)
*
Garages shall not project beyond the front face of the main building façade.
9.13.15.4 Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments,
eaves and gutters are permitted to encroach in a 0.3 m (0.98 ft) interior side
yard a maximum distance of 0.3 m (0.98 ft).
9.13.15.5 Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments,
an unenclosed and uncovered porch, deck, patio, or steps can encroach into
the entire rear yard provided they are not more than 0.91 m (3.0 ft) above
finished rear grade.
9.13.15.6 The provision at Section 6.45 (a) that no person shall erect any building
structure in any zone unless that lot upon which the building or structure is to be
erected fronts onto a public road shall not apply to RM1-15 and OS-15.
9.13.15.7 The lands shown as RM1-15 shall be considered to have frontage on a public
road being the interior private roadway for the purpose of setback requirements.
9.13.15.8 Notwithstanding the provisions of Section 9.11 St. David's Community Zoning
District - Open Space (OS) Zone, no structural development or site alteration
(save and except for approved maintenance) is permitted on those lands
identified as OS-15.
9.13.15.9 An unenclosed and uncovered balcony is permitted to encroach into the
required rear yard setback a maximum distance of 3.05 m for Units 1-11 and
Units 18-27. (as amended by 4316M-11)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 40
9
Figure 9.3.15F: Apricot Glen Phase III, Creekside Estates
9.13.16
720 Warner Road (Fiorucci Estates) - (R1-16) (as amended by 4316J-11 and By
4316BI-14)
Notwithstanding the provisions of the "St. David's Community Zoning District -
Residential (R1) Zone" the following special provisions shall apply to the lands
identified as (R1-16) on Schedule "23".
9.13.16.1
Permitted Uses:
a)
single detached dwellings
9.13.16.2
Zone Requirements:
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 41
9
(a)
Minimum lot area
669.04 m2 (7201.8 ft2)
(b)
Minimum lot frontage
17.1 m (56.0 ft)
(c)
Minimum front yard setback for single detached
dwelling
6.0 m (19.69 ft)
(d)
Minimum interior side yard setback for single
detached dwelling with attached garage
1.2 m (3.94 ft)
(e)
Minimum interior side yard setback for single detached dwelling where
there is no attached garage of 1.5 m (5.0 ft) on one side and 3.0 m (9.84
ft) on the other side
(f)
Minimum rear yard setback
7.5 m (24.6 ft)
(g)
Minimum side and rear yard setback for accessory
buildings
1.0 m (3.28 ft)
(h)
Maximum lot coverage
40%
(i)
Minimum exterior side yard setback
4.0 m (13.12 ft)
(j)
The front porch must be a minimum of 2.0 m (6.56 ft) in depth.
(k)
Maximum building height to the peak of roof
9.76 m (32.02 ft)
(l)
The garage door shall not occupy more than fifty per cent (50%) of the
street facing façade of a house
(m)
An attached or detached garage shall be setback from the front lot line a
minimum distance of 1.0 m (3.28 ft) greater than the setback of the main
building.
(n)
Single width garage doors are required
(o)
Maximum exterior garage width
7.93 m (26 ft)
9.13.17
329 - 365, 344, 358 & 412 Four Mile Creek Road (Cannery Park) (R1-17) (R1A-17)
(RM1-17) (as amended by 4316O-11 & 4316AT-14)
Notwithstanding the provisions of the "Residential (R1) Zone" and the "Residential
Multiple (RM1) Zone for the St. Davids Community Zoning District, the following
provisions shall apply to the lands shown on Figure 9.13.17F identified as Part 1 (R1-
17 Site Specific Zone), Part 1A (R1A-17 Site Specific Zone) and Part 2 (RM1-17 Site
Specific Zone):
9.13.17.1
Part 1
9.13.17.1.1
Part 1 - R1-17 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)
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
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 42
9
(f)
single detached dwelling
9.13.17.1.2
Part 1 - R1-17 Zone Requirements:
(a)
Minimum lot frontage
8 m (26.24 ft)
(b)
Minimum lot depth
32 m (104.98 ft)
(c)
Minimum landscaped open area
30%
(d)
Maximum lot coverage (as amended by 4316AT-
14)
45%
(e)
Minimum front yard setback
3.05 m (10 ft)
(f)
Minimum interior side yard setback of 1.2 m (4 ft) on each side; except
where there is no attached garage, the minimum side yard shall be 3.0 m
(9.83 ft) on one side.
(g)
Minimum exterior side yard setback for main and
accessory building
2.74 m (9 ft)
(h)
Minimum rear yard setback
7.6 m (25 ft)
(i)
Maximum building height (as amended by 4316AT-
14)
10.5 m (34.5 ft)
(j)
Minimum garage setback
6 m (19.7 ft)
(k)
Minimum garage setback from front face of
dwelling (as amended by 4316AT-14)
0.45 m (1.47 ft)
(l)
Maximum garage door width:
45% of the lot frontage or 5.5 m (18 ft) whichever is less
(as amended by 4316AT-14)
(m)
Minimum accessory building interior side yard and
rear yard setback
1.5 m (5 ft)
(n)
Minimum dwelling floor area
93 m2 (1001 ft2)
9.13.17.1.3
Part 1A - R1A-17 Permitted Uses: (as added by 4316AT-14)
(a)
any use permitted in a Residential (R1-17) Zone subject to the zone
requirements of that zone
(b)
semi-detached dwelling
9.13.17.1.4
Part 1A - R1A-17 Zone Requirements Semi-Detached Dwelling:
(as added by 4316AT-14)
(a)
Minimum lot frontage
9 m (29.53 ft)
(b)
Minimum lot depth
30 m (98.42 ft)
(c)
Minimum landscaped open space
30%
(d)
Maximum lot coverage
45%
(e)
Minimum front yard setback
3.05 m (10 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 43
9
(f)
Minimum interior side yard setback of 1.2 m (4 ft); 0 m (0 ft) for common
walls except where there is no attached garage, the minimum side yard
shall be 3.0 m (9.83 ft) on one side.
(g)
Minimum exterior side yard setback for main and
accessory building
2.74 m (9 ft)
(h)
Minimum rear yard setback
7.6 m (25 ft)
(i)
Maximum building height
11 m (36 ft)
(j)
Minimum garage setback
6 m (19.7 ft)
(k)
Minimum garage setback from front face of
dwelling
0.45 m (1.47 ft)
(l)
Garage doors are not to occupy more than 50% of the width of the
dwelling
(m)
Minimum accessory building interior side yard and
rear yard setback
1.5 m (5 ft)
(n)
Minimum dwelling floor area
93 m2 (1001 ft2)
9.13.17.2
Part 2
9.13.17.2.1
Part 2 - RM1-17 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)
group home in accordance with Section 6.20
(d)
home occupation or a home profession in accordance with Section 6.24
(e)
public use in accordance with Section 5.381
(f)
semi-detached dwelling
(g)
single detached dwelling
(h)
townhouse dwelling
9.13.17.2.2
Part 2 - RM1-17 Zone Requirements Single Detached Dwelling:
(a)
Minimum lot frontage
8 m (26.24 ft)
(b)
Minimum lot depth
30 m (98.42 ft)
(c)
Minimum landscaped open area
30%
(d)
Maximum lot coverage (as amended by 4316AT-
14)
45%
(e)
Minimum front yard setback
3.05 m (10 ft)
(f)
Minimum interior side yard setback of 1.2 m (4 ft) on each side; except
where there is no attached garage, the minimum side yard shall be 3.0 m
(9.83 ft) on one side.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 44
9
(g)
Minimum exterior side yard setback for main and
accessory building
2.74 m (9 ft)
(h)
Minimum rear yard setback
7.6 m (25 ft)
(i)
Maximum building height (as amended by 4316AT-
14)
10.5 m (34.5 ft)
(j)
Minimum garage setback
6 m (19.7 ft)
(k)
Minimum garage setback from front face of
dwelling (as amended by 4316AT-14)
0.45 m (1.47 ft)
(l)
Maximum garage door width:
45% of the lot frontage or 5.5 m (18 ft) whichever is less
(as amended by 4316AT-14)
(m)
Minimum accessory building interior side yard and
rear yard setback
1.5 m (5 ft)
(n)
Minimum dwelling floor area
93 m2 (1001 ft2)
9.13.17.2.3
Part 2 - RM1-17 Zone Requirements Semi-Detached Dwelling:
(a)
Minimum lot frontage per unit
9 m (29.53 ft)
(b)
Minimum lot depth
30 m (98.42 ft)
(c)
Minimum landscaped open area
30%
(d)
Maximum lot coverage (as amended by 4316AT-
14)
45%
(e)
Minimum front yard setback
3.05 m (10 ft)
(f)
Minimum interior side yard setback of 1.2 m (4 ft); 0 m (0 ft) for common
walls, except where there is no attached garage, the minimum side yard
shall be 3.0 m (9.83 ft) on one side.
(g)
Minimum exterior side yard setback for main and
accessory building
2.74 m (9 ft)
(h)
Minimum rear yard setback
7.6 m (25 ft)
(i)
Maximum building height (as amended by 4316AT-
14)
11.0 m (36 ft)
(j)
Minimum garage setback
6 m (19.7 ft)
(k)
Minimum garage setback from front face of
dwelling (as amended by 4316AT-14)
0.45 m (1.47 ft)
(l)
Garage doors are not to occupy more than 50% of the width of the
dwelling
(m)
Minimum accessory building interior side yard and
rear yard setback
1.5 m (5 ft)
(n)
Minimum dwelling floor area
93 m2 (1001 ft2)
9.13.17.2.4
Part 2 - RM1-17 Zone Requirements Townhouse Dwelling:
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 45
9
(a)
Minimum lot frontage per unit
6 m (19.68 ft)
(b)
Minimum lot depth
30 m (98.42 ft)
(c)
Minimum landscaped open area
30%
(d)
Maximum lot coverage per unit
50%
(e)
Minimum front yard setback
3.05 m (10 ft)
(f)
Minimum interior side yard setback of 1.5 m (5 ft); 0 m (0 ft) for common
walls for end units except where there is no attached garage, the
minimum side yard shall be 3.0 m (9.83 ft) on one side.
(g)
Minimum exterior side yard setback for main and
accessory building
2.74 m (9 ft)
(h)
Minimum rear yard setback
7.6 m (25 ft)
(i)
Maximum building height
9.75 m (32 ft)
(j)
Minimum garage setback
6 m (19.7 ft)
(k)
Minimum garage setback from front face of
dwelling
1.5 m (4.9 ft)
(l)
Garage doors are not to occupy more than 50% of the width of the
dwelling
(m)
Minimum accessory building interior side yard and
rear yard setback
1.5 m (5 ft)
(n)
Minimum dwelling floor area
93 m2 (1001 ft2)
9.13.17.3
Part 3
Notwithstanding the provisions of the "Enterprise (E) Zone" for the St. Davids Community
Zoning District only the following uses shall apply:
9.13.17.3.1
Part 3 - E-17 Permitted Uses:
(a)
accessory buildings and Structures in accordance with Section 6.1
(b)
business office
(c)
commercial recreation facility
(d)
grocery store
(e)
manufacturing establishment excluding metal fabrication and obnoxious
uses
(f)
medical clinic
(g)
medical office
(h)
microbrewery
(i)
office complex
(j)
public market
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 46
9
(k)
research and development establishment
(l)
restaurant
(m) retail store
(n)
retail use in conjunction with a main use
(o)
service establishment
(p)
veterinary office
(q)
wine production facility
9.13.17.3.2
Part 3 - E-17 Zone Requirements:
(a)
Minimum lot frontage
40.0 m (131.23 ft)
(b)
Minimum lot area
0.4 ha (1 ac)
(c)
Maximum building height
10.5 m (34.45 ft)
(d)
Maximum lot coverage
50%
(e)
Minimum landscaped open space
20%
(f)
Minimum front yard setback
10.0 m (32.8 ft)
(g)
Maximum front yard setback
16 m (52.49 ft)
(h)
Minimum interior side yard setback
6.0 m (19.69 ft)
(i)
Minimum exterior side yard setback
10.0 m (32.8 ft)
(j)
Minimum rear yard setback abutting a residential
zone
25.0 m (82 ft)
(k)
Minimum floor area for a standalone retail use
250 m2 (2,690.97
ft2)
(l)
Maximum floor area for a standalone retail use
1,390 m2 (14,961.8
ft2)
(m)
Maximum floor area for a grocery store
2,500 m2 (26,909.7
ft2)
(n)
Maximum floor area for a retail use in conjunction
with a main use
25%
(o)
Minimum landscape buffer where an industrial zone
abuts a residential zone
5 m (16.4 ft)
9.13.17.3.3
There shall be no outdoor storage
9.13.17.3.4
Buffer Strip
Where the a side lot line or a rear lot line of a lot zoned Enterprise (E) abuts a
residential zone, a strip of land adjacent to the adjoining lot line being a minimum of
5.0 m (16.4 ft) in width shall be used as a buffer strip in accordance with Section 6.6
and shall consist of plantings which provide a visual barriers between the zones.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 47
9
9.13.17.4
Part 4:
Part 4 shall be zoned Residential Development (RD) zone "St. Davids
Community Zoning District" and shall comply with the Residential
Development zoning provisions of Zoning By-law 4316-09.
9.13.17.5
Part 5:
Part 5 shall be zoned Residential Development (RD) zone "St. Davids
Community Zoning District" and shall comply with the Residential
Development zoning provisions of Zoning By-law 4316-09 and shall permit
public infrastructure uses.
9.13.17.6
Yard Projections and Encroachments: (as amended by 4316AT-14)
Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments,
the following provisions shall apply for Parts 1, 1A and 2 on Figure 9.13.17F:
(a) A box, bow and bay window (with or without foundation) may project into a
front, rear or exterior side yard by 0.9 m (except where restricted by any
required easements) and no greater than 50% of the total area of the wall
face.
(b) A covered porch may project into a required front, rear or exterior side
yard by 1.5 m and into an interior side yard by 0.6 m (except where
restricted by any required easements).
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 48
9
Figure 9.13.17F: The Cannery, Four Mile Creek Road
9.13.18
Block 79 Old Mill Lane (R3-18) (as amended by 4316P-11)
Notwithstanding the provisions of the "St David's Community Zoning District -
Residential (3) Zone" the following special provisions shall apply to those lands
identified as "St. David's Community Zoning District - Residential (R3-18) - Site
Specific Zone on Schedule "23".
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 49
9
9.13.18.1 Zone Requirements:
(a)
Maximum lot coverage
44%
(b)
Minimum front yard setback to front face of
attached garage
6.0 m (19.69 ft)
(c)
Maximum width of garage face
6.15 m (20.18 ft)
(d)
Maximum building height
11.28 m (37.0 ft)
(e)
Minimum rear yard setback
6.0 m (19.69 ft)
(f)
Minimum northerly interior side yard setback for a
covered deck
0.46 m (1.5 ft)
9.13.19
82 Tanbark Road - Tanbark Heights - See Schedule 'A-23' (RM1-19 & R1-19) (as
amended by 4316Q-11)
Notwithstanding the provisions of the "St. David's Community Zoning District-
Residential Multiple (RM1) Zone" for Part 1 and "Residential (R1) for Part 2, the
following provisions shall apply to the lands shown as RM1-19 and R1-19 on Figure
9.13.9F:
9.13.19.1 Permitted Uses:
Part 1 (RM1-19):
(a)
single detached dwelling
(b)
townhouse or row dwellings
Part 2 (R1):
(a)
single detached dwelling
9.13.19.2 Zone Requirements for Development (RM1-19)
(a)
Minimum area of the development
1.59 ha (3.92 ac)
(b)
Maximum total site coverage for the development
35%
(c)
Minimum landscaped open space
30%
(d)
Minimum visitor parking spaces
4
(e)
Maximum number of dwelling units
22
9.13.19.3 Zone Requirements for Units (RM1-19)
(a)
Minimum lot frontage
11 m (36.09 ft)
(b)
Minimum lot area per unit
(i) Interior Unit
(ii) Exterior Unit
270m² (2906.35 ft²)
280m² (3013.99 ft²)
(c)
Minimum front yard setback of dwelling unit:
(i) From unit line
1.0 m (3.28 ft)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 50
9
(ii) From private road
2.5 m (8.2 ft)
(d)
Minimum front yard setback of garage from the Private Road of 6 m
(19.68 ft). Attached garage must be setback from the front face of the
dwelling unit a minimum of 1.5 m (4.92 ft).
(e)
Maximum width of garage face
50% of total building
face
(f)
Minimum interior side yard setback of dwelling unit:
(i) From property line
(ii) From common wall
(iii) From unit line
1.5 m (4.92 ft)
0 m (0 ft)
0.5 m (1.64 ft)
(g)
Minimum exterior side yard setback of dwelling
unit:
(i) From unit line
(ii) From private road
0.5 m (1.64 ft)
4 m (13.12 ft)
(h)
Minimum rear yard setback of dwelling unit:
(i) To unit line
(ii) To property line
0.2 m (0.65 ft)
6 m (19.68 ft)
(i)
Minimum dwelling unit floor area
92.9 m² (1000 ft²)
(j)
Maximum building height (Units 1-12 and Units 16-
22).
10 m (32.81 ft)
(k)
Maximum building height (Units 13-15)
11.5 m (35.7 ft)
(l)
Minimum number of parking spaces per dwelling unit of 2, which may
include a tandem space in the driveway. The parking space dimension
includes the exclusive use area within the common elements portion
immediately fronting each condominium unit
(m)
Building Setback from MTO lands
14 m (45.93 ft)
9.13.19.4
Zone Requirements (R1-19)
In addition to the provisions of the "St. David's Community Zoning District -
Residential (R1) Zone", the following provisions shall apply to the lands
identified as Part 2 on the schedule attached hereto:
(a)
Minimum lot frontage
15 m (49 ft)
(b)
Minimum front yard setback
10 m (32.8 ft)
(c)
The front face of an attached garage shall be a minimum of 1.5 m (4.92 ft)
setback from the front face of the dwelling.
(d)
Minimum interior side yard setback of 1.2 m (3.93 ft) except where there is
no attached garage the minimum shall be 3 m (9.84 ft) on one side
9.13.19.5
Notwithstanding Section 6.44 of the By-law as amended, for Part 1 eaves and
gutters are permitted to encroach in a 0.5 m (1.64 ft) interior side yard a
maximum distance of 0.5 m (1.64 ft).
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 51
9
9.13.19.6
Notwithstanding Section 6.44 of the By-law as amended, for Part 1 an
unenclosed and uncovered porch, deck, balcony, patio or steps can encroach
into the rear yard a maximum distance of 3.75 m (12.3 ft) and the side yard a
maximum distance of 0.5 m (1.64 ft).
9.13.19.7
Section 6.40 j) "A driveway shall be setback a minimum of 8.0 m (26.25 ft)
from an exterior property line and 1.0 m (3.28 ft) from an interior property line"
shall not be applied to the lands shown as Part 1 of the attached schedule.
9.13.19.8
Section 9.4.2.2 p) "Minimum setback of uncovered, unenclosed or covered
patio or deck form requires a side yard setback" shall not be applied to the
lands shown as Part 1 of the attached schedule.
9.13.19.9
Section 9.1.2 f) "Maximum front yard setback" shall not be applied to the lands
shown as Part 2 of the attached schedule.
9.13.19.10 The lands shown as Part 1 on the attached schedule shall be exempt from
Section 6.45 b) "Public Street Frontage Required" of Zoning By-law 4316-09,
as amended.
9.13.19.11 All other provisions of Zoning By-Law 4316-09, as amended, shall continue to
apply to the lands shown as Part 1 and Part 2 on the Schedule attached
hereto.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 52
9
Figure 9.13.19F: Tanbark Road, Tanbark Heights
9.13.20
287 Tanbark Road Emerald Estates Subdivision - See Schedule A-23 (R2-20 &
RM1-20 & OS1-20 & EC-20 NPCA Regulation Area)
Notwithstanding the provisions of the "St David's Community Zoning District -
Residential (R2) Zone" for Part 1 and "Residential Multiple (RM1) for Part 2 and Open
Space (OS) for Part 3 and Environmental Conservation (EC- NPCA Regulation Area)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 53
9
Zone and Overlay Features, the following provisions shall apply to the lands shown
as R2-20, RM1-20, OS-20 and EC-20 NPCA Regulations Area on Figure 9.13.20F:
9.13.20.1 Permitted Uses:
Part 1 (R2-20)
(a)
single detached dwelling
Part 2 (RM1-20)
(a)
townhouse or row dwellings
Part 3 (OS-20)
(a)
stormwater facility
Part 4
(a)
no structural development
9.13.20.2 Zone Requirements for (R2-20)
(a)
Minimum lot frontage
15.0 m (49.21 ft)
(b)
Minimum lot area
475 m² (5113 ft²)
(c)
Maximum lot coverage (1 or 1 ½ storey) of 40%.
40% lot coverage may be increase to 45% where the area of increase is
used for attached covered and unenclosed porches
(d)
Maximum lot coverage (2 storey)
33%
(e)
Minimum landscaped open space
25%
(f)
Minimum front yard setback:
(i)
To front face of dwelling
(ii) To front face of attached garage
Attached garage must be setback from the front
face of the dwelling a minimum of 1.5 m (4.92 ft)
4.5 m (14.76 ft)
6.0 m (19.68 ft)
(g)
Maximum width of garage face
7.5 m (24.60 ft)
(h)
Minimum interior side yard setback
1.2 m (3.93 ft)
(i)
Minimum exterior side yard setback
3 m (9.84 ft)
(j)
Minimum rear yard setback
7.5 m (24.60 ft)
(k)
Maximum building height
10 m (32.81 ft)
(l)
Minimum dwelling floor area
93 m² (1001 ft²)
9.13.20.3 Zone Requirements for (RM1-20)
(a)
Maximum number of Townhouse units
12
(b)
Minimum lot frontage per unit
6.2 m (20.34 ft)
(c)
Minimum lot area per unit
230 m² (2475.78 ft²)
(d)
Maximum lot coverage per unit of 50%.
50% lot coverage may be increased to 55% where the area of increase is
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 54
9
used for attached covered and unenclosed porches
(e)
Minimum landscaped open space for Block
25%
(f)
Minimum front yard setback
(i) To front face of dwelling
(ii) To front face of attached garage
Attached garage must be setback from the front
face of the dwelling a minimum of 1.0 m (4.92 ft)
4.5 m (14.76 ft)
6.0 m (19.68 ft)
(g)
Maximum width of garage face
55% of total
building face
(h)
Minimum interior side yard setback (common wall)
0 m (0 ft)
(i)
Minimum interior side yard setback (end unit)
1.2 m (3.93 ft)
(j)
Minimum separation between Townhouse blocks
2.4 m (7.87 ft)
(k)
Minimum rear yard setback of 7.5 m (24.60 ft), or 7.5 m (24.6 ft) from top
of slope where applicable
(l)
Maximum building height at front face
10 m (32.81 ft)
(m)
Minimum dwelling floor area
80 m² (1001 ft²)
(n)
Minimum number of parking spaces per unit
2
9.13.20.4
Notwithstanding the provisions of Section 6.40 (j), as amended, a driveway
can be setback a minimum of 0.6 m (2 ft) from the interior property line for the
townhouse units on Block 31.
9.13.20.5
Section 9.4.2.2 (f) "Maximum front yard setback" shall not be applied to the
lands shown as Part 2 of the attached schedule.
9.13.20.6
Section 9.4.2.2 (p) "Minimum setback of uncovered, unenclosed, or covered
patio or deck form requires a side yard setback" shall not be applied to the
lands shown as Part 2 of the attached schedule.
9.13.20.7
Notwithstanding the provisions of the "Open Space (OS) Zone" in Section
9.11: St. Davids Community Zoning District, as amended, the lands identified
as Part 3 on the Schedule attached hereto shall be used for no other purpose
than a Stormwater Management facility and associated landscaping.
9.13.20.8
Notwithstanding the provision of the "Environmental Conservation (EC-17
NPCA Regulations Area) Zone and Overlay Features", as amended, no
structural development is permitted on the lands identified as Part 4 on the
Schedule attached hereto.
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 55
9
Figure 9.13.20F: Tanbark Road, Tanbark Trails
9.13.21
Tanbark Road - PineCroft Estates - See Schedule 'A-23' (RM1-21) (as amended
by 4316AK-13)
Notwithstanding the provisions of the "St. David's Community Zoning District- Multi-
Residential (RM1) Zone", the following provisions shall apply to the lands shown as
RM1-21 on Schedule "A-23":
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 56
9
9.13.21.1.1
Permitted Uses:
a)
townhouse or row dwellings
Maximum 51 units
b)
semi-detached dwellings
Maximum 6 units
9.13.21.2 Zone Requirements RM1-21:
(a)
Minimum lot frontage
65.0 m (213.25 ft)
(b)
Maximum lot coverage
45%
(c)
Minimum landscaped open space
30%
(d)
Minimum front yard setback
4.50 m (14.76 ft)
(e)
Minimum interior side yard setback from property
line:
(i)
For rear yard of a unit
(ii)
For side yard of a unit
6.25 m (20.51 ft)
4.50 m (14.76 ft)
(f)
Minimum rear side yard setback from property line:
(i)
For rear yard of a unit
(ii)
For side yard of a unit
7.0 m (22.97 ft)
2.95 m (9.68 ft)
(g)
Minimum distance between buildings located on
the same lot:
(i)
Between any two side walls
(ii)
Between a rear wall and a side wall
(iii)
Between any two rear walls
3.0 m (9.84 ft)
9.0 m (29.53 ft)
10.95 m (35.93 ft)
(h)
Minimum front yard setback of dwelling unit from
private road
3.9 m (12.80 ft)
(i)
Minimum front yard setback of garage from private
road
6.0 m (19.69 ft)
(j)
Minimum side yard setback of dwelling unit from
private road
2.23 m (7.3 ft)
(k)
Maximum building height
10.67 m (35.0 ft)
(l)
Minimum number of parking spaces per unit which
may include one space in the garage and one
tandem space in the driveway
2 spaces
(m)
Minimum visitor parking spaces
30 spaces
(n)
Maximum width of garage face
50% of total building
face
9.13.21.3 Notwithstanding Section 6.44, Permitted Yard Projections and Encroachments,
covered patios, decks or balconies may project into a rear yard of a unit 3.8 m
(12.74 ft).
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 57
9
9.13.22
68 Four Mile Creek Road - See Schedule 'A-23' (R2-22) (as amended by 4316AQ-13)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the St
Davids Community Zoning District - Residential (R2) Zone, the following special
provisions shall apply to those lands identified as R2-22 on Schedule 'A-23' and as
Parts 1-4 on Figure 9.13.22F:
9.13.22.1 Zone Requirements:
PART 1
(a)
Minimum front yard setback to front face of dwelling
4.5 m (14.8 ft)
(b)
Minimum front yard setback to front face of
attached garage
6.0 m (19.7 ft)
(c)
Maximum front yard setback
Not applicable
(d)
Minimum rear yard setback
7 m (23 ft)
(e)
Minimum lot frontage
12.0 m (39.3 ft)
(f)
Minimum lot area
375 m² (4036 ft²)
(g)
Maximum lot coverage
(i) If a bungalow or 1.5 storey includes a covered
porch and/or covered deck, the maximum
coverage is increased to 45%
40%
(h)
Maximum width of garage face - not more than fifty per cent (50%) of total
building face
(i)
Maximum building height
(i) For 1 & 1.5 storeys
(ii) For 2 storeys
10 m (32.8 ft)
10.67 m (35 ft)
PART 2
(a)
Minimum front yard setback to front face of dwelling
4.5 m (14.8 ft)
(b)
Minimum front yard setback to front face of
attached garage
6.0 m (19.7 ft)
(c)
Maximum front yard setback
Not applicable
(d)
Minimum rear yard setback
7 m (23 ft)
(e)
Minimum lot frontage
12.0 m (39.3 ft)
(f)
Minimum lot area
375 m² (4036 ft²)
(g)
Maximum lot coverage
(i) If a bungalow or 1.5 storey includes a covered
porch and/or covered deck, the maximum
coverage is increased to 45%
40%
(h)
Maximum width of garage face - not more than fifty per cent (50%) of total
building face
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 58
9
(i)
Maximum building height
(i) For 1 & 1.5 storeys
(ii) For 2 storeys
10 m (32.8 ft)
10.67 m (35 ft)
PART 3
(a)
Minimum front yard setback to front face of dwelling
(measured from southerly edge of Block 30 on Plan
30M-384)
6.0 m (19.7 ft) ft
(b)
Minimum front yard setback to front face of
attached garage
(measured from southerly edge of Block 30 on Plan
30M-384)
6.0 m (19.7 ft)
(c)
Maximum front yard setback
Not applicable
(d)
Minimum rear yard setback
7 m (23 ft)
(e)
Minimum lot frontage
12.0 m (39.3 ft)
(f)
Minimum lot area
375 m² (4036 ft²)
(g)
Maximum lot coverage
40%
(h)
Maximum width of garage face - not more than fifty per cent (50%) of total
building face
(i)
Maximum building height
8.5 m (27.9 ft)
PART 4: Existing dwelling setbacks as existing on the date of passing
New Residential Development
(a)
Minimum front yard setback to front face of
attached dwelling
45 m (14.8 ft)
(b)
Minimum front yard setback to front face of
attached garage
6.0 m (19.68 ft)
(c)
Maximum front yard setback
Not applicable
(d)
Minimum rear yard setback
7 m (23 ft)
(e)
Minimum lot frontage
12.0 m (39.3 ft)
(f)
Minimum lot area
375 m² (4036 ft²)
(g)
Maximum lot coverage
(i) If a bungalow or 1.5 storey includes a covered
porch and/or covered deck, the maximum
coverage is increased to 45%
40%
(h)
Maximum width of garage face - not more than fifty per cent (50%) of total
building face
(i)
Maximum building height
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 59
9
(i) For 1 & 1.5 storeys
(ii) For 2 storeys
10 m (32.8 ft)
10.7 m (35 ft)
9.13.22.2 Accessory Structure:
(a)
An accessory building will be permitted in the front yard with a front yard
setback of 6 m (19.7 ft)
(b)
Minimum accessory building exterior side yard
setback (measured from southerly edge of Block 30
on Plan 30M-384)
5.05 m (16.6 ft)
Figure 9.13.22F: 68 Four Mile Creek Road
9.13.23
214 Four Mile Creek Road - See Schedule 'A-23' (R1-23)
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 60
9
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the
St. Davids Community Zoning District - Residential (R1) Zone, the following use shall
also apply to those lands identified as R1-23 on Schedule 'A-23':
9.13.23.1 Permitted Uses:
(a) eight (8) room Country Inn in accordance with Section 6.10.
9.13.24
82 Four Mile Creek Road - See Schedule 'A-23' (VC-24-H)
In accordance with Section 4.5 - Site Specific Exceptions and the provisions of the
"St. Davids Community Zoning District - Village Commercial (VC) Zone", the
following special provisions shall apply to those lands identified as VC-24 on
Schedule "A-23".
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:
9.13.24.1 Permitted Uses:
(a)
accessory buildings and structures
(b)
antique sales store
(c)
bake shop
(d)
bank or financial institution
(e)
brew your own operation
(f)
commercial recreation facility
(g)
convenience store
(h)
florist shop
(i)
medical clinic
(j)
outdoor patio restaurant
(k)
personal service establishment (as amended by 4316J-11)
(l)
postal outlet
(m)
professional office
(n)
restaurant
(o)
retail store
(p)
residential use in accordance with Section 6.48
(q)
vacation apartment
9.13.24.2 Zone Requirements:
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 61
9
(a)
Minimum lot frontage
15.0 m (49.2 ft)
(b)
Minimum lot area
464 m2 (4994.6 ft2)
(c)
Maximum lot coverage
50%
(d)
Minimum landscaped open space
20%
(e)
Minimum front yard setback
0 m (0 ft)
(f)
Minimum interior side yard setback of 2.8 m (9.28 ft) on one side and 0 m
(0 ft) on other side
(g)
Minimum rear yard setback of 7.17 m (23.5 ft) for existing structures. Any
new structures shall be setback 12.0 m (39.4 ft).
(h)
Maximum building height
10.5 m (34.45 ft)
(i)
Minimum accessory building yards setback
1.2 m (3.94 ft)
(j)
Outside storage in accordance with Section 6.37
(k)
No commercial restaurant fryers shall be permitted
(l)
Buffer Strip:
i) Minimum buffer strip where the subject land abuts
a residential zone, and where there are no
parking areas and and/or existing buildings.
ii) Minimum buffer strip adjacent to building "A", and
any new additions to building "A".
iii) Minimum buffer strip adjacent to the existing
building "B".
3.0 m (9.84 ft)
2.8 m (9.19 ft)
0.77 m (2.53 ft)
(m)
Minimum front yard setback to parking
1.80 m (5.9 ft)
Figure 9.13.22F: 68 Four Mile Creek Road
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 62
9
9.13.25
Warner Road (Collection 8 Condominium) - See Schedule 'A-23' (VC-25-H)
(amended by By-law 4316BS-16)
In lieu of the corresponding provisions of Subsection 9.4, the following provisions
shall apply on the subject lands:
9.13.25.1 Zone Requirements for Development (R1-25-H):
(c)
Maximum lot coverage
35% lot coverage may be increased to 40% where the
areas of increase is used for attached covered and
unenclosed porches
35%
(e)
Minimum front yard setback
4.5 m
(f)
Maximum front yard setback
Not applicable
Section
Town of Niagara-on-the-Lake
St. Davids Community Zoning District
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S9, p. 63
9
(g)
Minimum front yard setback to front face of attached
garage
6.0 m
(h
Minimum interior side yard setback
1.2 m
(f)
No development shall occur on the property until the Holding "(H)"
provision of this By-law is removed upon application from the Owner and
approval of a Subdivision Agreement pertaining to the lands.
Figure 9.13.22F: 793 Warner Road