This is the exact embedded text of the captured official document.
Snapshot 86a4778ed44e · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 1
07/08/2016
https://notl.civicweb.net/FileStorage/Thumbnails/F1AAB9993AF8451D805016B883DC...
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
Intro, p. i
Comprehensive Zoning By-law 4316-09
Introductory Statement
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
Intro, p. ii
THE CORPORATION OF THE
TOWN OF NIAGARA-ON-THE-LAKE
ZONING BY-LAW 4316-09
(as amended by 4316##-14)
INTRODUCTORY STATEMENT
This document is the Town of Niagara-on-the-Lake's Comprehensive Zoning By-law Number
4316-09. This By-law amends Zoning By-law 500A-74, as amended, insofar as it applies to the
entire municipality. The exceptions are: (as amended by 4316AH-13)
1)
The Agricultural Community Zoning District; and,
2)
Lands covered by Development Permit Control by the Niagara Escarpment
Commission
In these regards, the provisions of Zoning By-law 500A-74, as amended, continue to apply to
the Agricultural Community Zoning District only. . (as amended by 4316AH-13)
The Town of Niagara-on-the-Lake's new Zoning By-law is a precise document used by the
Town to regulate the use of land. It states exactly what land uses will be permitted in the Town
and provides other detailed information such as:
1)
Where buildings or structures may be located;
2)
Types of land uses within the municipality; and
3)
Standards for lot sizes, location requirements, parking requirements, building
heights and required yard setbacks.
The Town of Niagara-on-the-Lake Zoning By-law is needed to assist the Municipality to
implement the objectives and policies of the Official Plan. The Zoning By-law functions as a
legal document under the Ontario Planning Act, as amended, for managing the area of land and
guiding future development in the Town of Niagara-on-the-Lake. Zoning By-laws also protect
property owners from the development of conflicting land uses. Any use of land or the
construction or use of any building or structure not specifically authorized by the By-law is
prohibited.
The complete text and mapping for the comprehensive Zoning By-law are presented in this
document. The rural area mapping is based on a review of the 2006 aerial photography and site
visits. The following is a brief summary of the contents of the Town of Niagara-on-the-Lake's
Zoning By-law:
SECTION 1:
Explains the title given to the entire document and outlines its general scope.
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
Intro, p. iii
SECTION 2:
Provides details on the scope and effect of this Zoning By-law.
SECTION 3:
Provides guidelines on the administration and enforcement of this Zoning
By-law.
SECTION 4:
Provides information on the interpretation of this Zoning By-law.
SECTION 5:
Defines many of the words and terms used in this By-law.
SECTION 6:
Describes and explains the general provisions which apply to more than one
of the zones in this Zoning By-law. The general provisions cover such
matters as: accessory buildings and structures, parking requirements, home
occupations, home industries, outdoor patio restaurants, etc.
SECTION 7 - 12: Details specific zoning districts and sets out the permitted uses and
regulations for the specific land use zones and site specific zone categories
within each zoning district.
Schedule 'A-1' - 'A-25' delineates the location of all zones outlined in Sections
7 - 12. By-Law No. 4316-09 applies only to the urban areas of the Town.
This means that of the entire map schedules, only the following will apply to
this By-Law:
1)
Schedule 'A-1' - 'A-3' regarding the Old Town;
2)
Schedule 'A-14' and * 'A-9' regarding Virgil;
3)
Schedule 'A-21' regarding Glendale; . (as amended by 4316AH-13)
4)
Schedule * 'A-25' regarding Queenston; and
5)
Schedule 'A-23' regarding St. Davids.
Note:
(*) Denotes that the identified schedule covers more than one
community zoning district.
How to use this by-law
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. iv
HOW TO USE THIS BY-LAW
Community Districts
The Zoning By-law for the Town of Niagara-on-the-Lake contains six (6) Community Zoning
Districts:
Section 7:
Old Town Community Zoning District
Section 8:
Queenston Community Zoning District
Section 9:
St. Davids Community Zoning District
Section 10:
Virgil Community Zoning District
Section 11:
Glendale Community Zoning District
Section 12:
Agricultural Community Zoning District
Each Community Zoning District contains a full range of zoning classifications that recognize
existing land uses and provides community based regulations to control future building and land
uses within the community, (i.e. Village Commercial (VC) in the St. Davids Community Zoning
District).
Environmental Conservation Zone Overlay
The Town's Zoning By-law also contains provisions for an Environmental Conservation Zone
Overlay for the urban areas of the Town.
The Environmental Conservation Zone Overlay provides regulations in the underlying zone-
category, including permitted uses, 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, as well as the provision for a potential environmental impact study (EIS) which are
required to determine the effect of development on the natural feature.
Environmental Conservation (EC) Zone
The Town's Zoning By-law also contains provisions for an Environmental Conservation (EC)
Zone within the agricultural areas of the Town.
The Environmental Conservation (EC) Zone provides regulations for new development
proposals and additions to existing development, as well as mandates new setback
requirements from each natural or man-made feature as listed.
Environmental Impact Study (EIS)
The Town's Zoning By-law also contains provisions for the requirement of a potential
environmental impact study for the lands which falls within the Environmental Conservation
How to use this by-law
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. v
Zone Overlay. The requirement for an EIS only applies to proposed new development and
proposed expansions to existing development that are within or adjacent to a natural or man-
made feature.
The requirement for an EIS is specified in the individual zone provisions in each of the
Community Zoning Districts. Larger developments will require a more detailed study;
conversely, smaller development may only require a scoped EIS.
Zone Identification
For each zone, there is a list of permitted uses and a number of standards or regulations such
as lot size, frontage, required yards, building height, etc.
The location of each of these zones is shown on Schedule 'A-1' - 'A-3', 'A-9', 'A-14', 'A-21', A-
23' and 'A-25'. The specific uses and regulations applicable to each zone are found in the
relevant section(s) of the By-law which bears the same zone's name(s). In order to determine
the provisions of the By-law that affect your property, it is suggested that you use the following
technique: (as amended by 4316##-14)
1)
Locate your property on a Zoning Schedule, which are the zoning maps immediately
following the last page of Section 12.
2)
Identify the zone that has been applied to your land (e.g. R1 for Single Detached
Residential or VC for Village Commercial).
3)
Once you have identified the zone, turn to the appropriate Community Zone District
which outlines permitted uses and regulations. For example, if your property is zoned
C1, you would turn to the appropriate zoning District and Zone Category to
determine the specific permitted uses and regulations affecting your property. The
Table of Contents will assist you in locating the appropriate page number.
4)
If a zone symbol is followed by a dash and a number (e.g. C1-1) then special
provisions apply to such lands. Such provisions are found in the Site Specific
Exceptions section of each Community Zoning District.
5)
Please note that the general provisions contained under Section 6 can also affect
your property. Care should be taken to review these general provisions as well as
the applicable definitions outlined in Section 5. Guidelines outlined in Sections 3 and
4 may also be applicable to your property.
The Zoning By-law is only one of many planning tools used to implement the Official Plan. If it is
intended to alter the use of a property, alter or erect a building or structure, or alter a lot, you
should be aware that it may be necessary to consult other additional legislation or Town By-
laws. The following applications, legislation or processes are outlined simply to assist in
understanding the scope of potential requirements:
How to use this by-law
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. vi
1)
Building Permit (Building Code and Zoning By-law compliance);
2)
Site Plan Control Approval (detailed plans showing the building envelope and
illustrating building massing, height, floor space, yard setbacks, parking, loading,
landscaping, etc., which may be implemented through a Site Plan Control
Agreement);
3)
Consent Approval (alteration of a lot configuration, easement, right-of-way, creation
of a single lot, etc.);
4)
Subdivision or Condominium Approval (to create multiple lots, to establish new roads
or to divide a building into multiple ownerships);
5)
Minor Variance (to vary a zone regulation, a general provision or to extend or change
a non-conforming use);
6)
Zoning Amendment (to amend sections of the Zoning By-law as it relates to a
specific property);
7)
Official Plan Amendment (to amend the Official Plan as it relates to a specific
property or a general policy consideration);
8)
Heritage Permit (required if alterations are contemplated for a property designated
under Part IV or Part V of the Ontario Heritage Act); and
9)
Other Town Permits or Licenses.
The Zoning By-law should be considered in conjunction with all other relevant legislative and
Town By-laws.
For further information, the Town of Niagara-on-the-Lake Community and Development
Services Department should be consulted.
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. vii
TABLE OF CONTENTS
Section #
Page
SECTION 1: TITLE, DEFINED AREA AND INTERPRETATION
1.1
Title
1.2
Defined Area
1.3
Interpretation
SECTION 2: SCOPE AND EFFECT OF THIS BY-LAW
SECTION 3: ADMINISTRATION AND ENFORCEMENT
3.1
Administration And Enforcement
3.2
Inspections
3.3
Licences And Permits
3.4
Offence
3.5
Enforcement
3.6
Requests For Amendments
3.7
Minor Variances
SECTION 4: ZONES AND ZONE MAPS
4.1
Establishment of Zones
4.2
Use of Zone Symbols
4.3
Interpretation of Zone Boundaries
4.4
Zone Classifications
4.5
Site Specific Exceptions
4.6
Environmental Conservation Zone Overlay
4.7
Environmental Impact Study (EIS)
4.8
Environmental Conservation Zone (EC)
4.9
Holding Zones
SECTION 5: DEFINITIONS
All definitions are listed alphabetically
SECTION 6: GENERAL PROVISIONS
6.1
Accessory Buildings and Structures
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. viii
6.2
Agricultural Stands and Seasonal Home Grown Produce Stand
6.3
Amenity Area
6.4
Automobile Service Station and Automobile Gas Bar
6.5
Bed and Breakfast Establishments
6.6
Buffer Strip
6.7
Building Reconstruction, Renovation and Relocation
6.8
Building Reconstruction, Renovation and Restoration
[Designated Buildings]
6.9
Continuation of Agricultural Uses
6.10
Country Inns
6.11
Dangerous Uses
6.12
Development Along the Niagara River Parkway [See Niagara River
Parkway, Development Along the]
6.13
Estate Wineries
6.14
Existing Lots
6.15
Farm Help Accommodation
6.16
Farm Wineries or Cottage Wineries
6.17
Fencing
6.18
Flood Proofing and Erosion Control
6.19
Garbage and Refuse Storage
6.20
Group Homes
6.21
Height Restrictions Exceptions
6.22
Height Restrictions Exceptions, Niagara District Airport
6.23
Home Industries
6.24
Home Occupations and Home Professions
6.25
Landscaped Open Space
6.26
Lighting
6.27
Loading Spaces Requirements
6.28
Lot Development Requirements
6.29
Minimum Distance Separation (MDS) Requirements
6.30
Municipal Drain and/or Irrigation Channel
6.31
Niagara River Parkway, Development Along the
6.32
Non-Conforming Uses
6.33
Non-Complying Lots, Buildings, or Structures
6.34
Occasional Uses
6.35
Occupation of Incomplete Buildings
6.36
Outdoor Patio Restaurant
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. ix
6.37
Outdoor Storage
6.38
Parking Requirements
6.39
Parking Space Requirements
6.40
Parking Space Requirements, Additional Provisions
6.41
Parking, Bicycle Requirements
6.42
Parking, Accessible Space Requirements
6.43
Parking, Passenger Bus Requirements
6.44
Permitted Yard Projections and Encroachments
6.45
Public Street Frontage Required
6.46
Residential / Agricultural Interface
6.47
Residential Unit in Cellar and Basement
6.48
Residential Use in Non-Residential Building
6.49
Secondary Uses
6.50
Setbacks from Provincial Highways and the Niagara River Parkway
6.51
Setback from Waste Disposal Sites
6.52
Sight Triangle
6.53
Signs
6.54
Structures in Water
6.55
Trans Canada Pipelines Provisions
6.56
Uses and Activities Prohibited in all Zones
6.57
Uses Permitted in all Zones
6.58
Waterfront Docks, Piers, Landing Places and Public Boat Launch
6.59
Wind Energy System
6.60
Yard and Open Space Provisions for all Zones
SECTION 7: OLD TOWN COMMUNITY ZONING DISTRICT
7.1
Established Residential (ER) Zone
7.2
Established Residential (ER2) Zone (Chatauqua Community)
7.2A
Established Residential (ER3) Zone
7.3
Residential (R1) Zone
7.4
Residential (R2) Zone
7.5
Residential Multiple (RM1) Zone
7.6
Residential Development (RD) Zone
7.7
Queen Picton Commercial (QPC) Zone
7.8
General Commercial (GC) Zone
7.9
Marine Commercial (MC) Zone
7.10
Institutional (I) Zone
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. x
7.11
Open Space (OS) Zone
7.12
Holding (H) Zone
7.13
Environmental Conservation Zone Overlay
7.14
Site Specific Exceptions
SECTION 8: QUEENSTON COMMUNITY ZONING DISTRICT
8.1
Established Residential (ER1) Zone
8.2
Established Residential (ER2) Zone
8.3
Residential (R3) Zone
8.4
Residential Multiple (RM1) Zone
8.5
Village Commercial (VC) Zone
8.6
Institutional (I) Zone
8.7
Open Space (OS) Zone
8.8
Environmental Conservation Zone Overlay
8.9
Site Specific Exceptions
SECTION 9: ST. DAVIDS COMMUNITY ZONING DISTRICT
9.1
Residential (R1) Zone
9.2
Residential (R2) Zone
9.3
Residential (R3) Zone
9.4
Residential Multiple (RM1) Zone
9.5
Residential Multiple (RM2) Zone
9.6
Residential Development (RD) Zone
9.7
Village Commercial (VC) Zone
9.8
Service Commercial Zone
9.9
Enterprise (E) Zone
9.10
Institutional (I) Zone
9.11
Open Space (OS) Zone
9.12
Environmental Conservation Zone Overlay
9.13
Site Specific Exceptions
SECTION 10: VIRGIL COMMUNITY ZONING DISTRICT
10.1
Residential (R1) Zone
10.2
Residential (R2) Zone
10.3
Residential (R3) Zone
10.4
Residential Multiple (RM1) Zone
10.5
Residential Multiple (RM2) Zone
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. xi
10.6
Residential Development (RD) Zone
10.7
Village Commercial (VC) Zone
10.8
Enterprise (E) Zone
10.9
Institutional (I) Zone
10.10
Open Space (OS) Zone
10.11
Environmental Conservation Zone Overlay
10.12
Site Specific Exceptions
SECTION 11: GLENDALE COMMUNITY ZONING DISTRICT
11.1
General Requirements
11.2
Queenston Road Residential (QR) Zone
11.3
Residential (R1) Zone
11.4
Residential Multiple (RM2) Zone
11.5
Residential Multiple (RM3) Zone
11.6
Residential Multiple (RM4) Zone
11.7
Residential Multiple (RM5) Zone
11.8
Residential Development (RD) Zone
11.9
Regional Commercial (RC) Zone
11.10
Regional Commercial (RC1) Zone
11.11
Village Commercial (VC) Zone
11.12
Light Industrial (LI) Zone
11.13
Prestige Industrial (PI) Zone
11.14
Institutional (I) Zone
11.15
Open Space (OS) Zone
11.16
Open Space - Key Features (OSF) Zone
11.17
Holding (H) Provisions
11.18
Site Specific Exceptions
SECTION 12: AGRICULTURAL COMMUNITY ZONING DISTRICT
12.1
General Requirements
12.2
Natural Heritage System (NHS) Zone
12.3
Open Space - Key Features (OSF) Zone
12.4
Agricultural (A) Zone
12.5
Agricultural Estate Winery (A1) Zone
12.6
Agricultural Purposes Only (APO) Zone
12.7
Extractive Industrial (EI) Zone
12.8
Airport (AR) Zone
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. xii
12.9
Airport Holding (H-2) Zone
12.10
Site Specific Exceptions
Zone Schedules
Appendices
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. xiii
LIST OF TABLES & ILLUSTRATIONS
TABLES
Table 4-1
Zone Classifications
Table 6-1
Minimum Amenity Space in a Mixed-Use Building
Table 6-2
Minimum Loading Spaces for a Non-Residential Building
Table 6-3
Minimum Parking Space Dimensions as Per Parking
Alignment
Table 6-4
Commercial and Industrial Parking Ratios
Table 6-5
Residential Parking Ratios
Table 6-6
Miscellaneous Use Parking Ratios
Table 6-7
Bicycle Parking Ratios
Table 6-8
Accessible Parking Ratios
Table 6-9
Passenger Bus Parking Ratios
Table 6-10
Permitted Yard Projections & Encroachments
Table 11-1
Glendale Zone Requirements (R1, RM5)
Table 11-2
Glendale Zone Requirements (RM2, RM3, RM4)
FIGURES - SITE SPECIFIC EXEMPTIONS
Figure 7.14.1F
The Village Subdivision
Figure 7.14.4F
1897 Lakeshore Road [Butler's Creek Subdivision]
Figure 7.14.6F
35-45 Melville Street
Figure 7.14.16F
289 Ricardo Street
Figure 7.14.19F
85 Melville Street
Figure 7.14.22F
481 Victoria Street
Figure 7.14.25F
Peaceacres Subdivision
Figure 7.14.26F
450 Nassau Street
Figure 7.14.27F
651 Simcoe Street
Figure 7.14.31F
228 Queen Street
Figure 7.14.32F
120 John Street
Figure 7.14.33F
180 Mary Street
Figure 7.14.35F
186 Ricardo Street, 177 & 189 Byron Street
Figure 7.14.37F
2228 Niagara Stone Road
Figure 7.14.38F(i)
569-589 King Street [Evergreen Estates]
Table of Contents
Town of Niagara-on-the-Lake
Introductory Statement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - March 1, 2014
Intro, p. xiv
Figure 7.14.38F(ii)
569-589 King Street [Evergreen Estates]
Figure 7.14.39F(i)
Pillar & Post Hotel, Regent Street
Figure 7.14.39F(ii)
Pillar & Post Hotel, Regent Street
Figure 7.14.39F(iii)
Pillar & Post Hotel, Regent Street
Figure 7.14.45F
Boatworks Subdivision
Figure 7.14.47F
St. Andrews Glen, Phase 2
Figure 7.14.49+50F 219 Victoria Street + 118 Queen Street
Figure 7.14.56F(i)
Randwood Estates Zoning
Figure 7.14.56F(ii)
Randwood Estates Building Setbacks
Figure 9.13.7F
Tanbark Road, Courtland Valley
Figure 9.13.14F
46 Paxton Lane
Figure 9.13.15F
Apricot Glen Phase III, Creekside Estates
Figure 9.13.17F
The Cannery, Four Mile Creek Road
Figure 9.13.19F
Tanbark Road, Tanbark Heights
Figure 9.13.20F
Tanbark Road, Tanbark Trails
Figure 9.13.22F
68 Four Mile Creek Road
Figure 10.12.1F
Pallek Estates
Figure 10.12.5F
1487 Four Mile Creek Road
Figure 10.12.12F
Block 26, Plan 30M-345 Niagara Stone Road
Figure 10.12.26F
428 Line 2 Road
Figure 11.18.5F
Queenston Banks
APPENDICES & ILLUSTRATIONS
APPENDICES
ILLUSTRATIONS
Section
Town of Niagara-on-the-Lake
Title, Defined Area and Interpretation
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S1, p. 1
1
Section
Title, Defined Area and Interpretation
1
Section
Town of Niagara-on-the-Lake
Title, Defined Area and Interpretation
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S1, p. 2
1
1.1
TITLE
This By-Law shall be known as "The Zoning By-Law" of the Corporation of the Town of
Niagara-on-the-Lake.
1.2
DEFINED AREA
This By-law applies to all land within the urban boundaries of the Corporation of the
Town of Niagara-on-the-Lake, except lands subject to a development permit from the
Niagara Escarpment Commission pursuant to the Niagara Escarpment Planning and
Development Act, and regulations thereto. Lands in the Niagara escarpment planning
area are identified as areas of development control on the zoning schedules. Within
these areas, the Niagara Escarpment development control regulations determine the
development provisions and land use restrictions. These regulations shall be adhered to
prior to the commencement of any development. (as amended by 4316AH-13)
Land located in the rural agricultural area outside of the urban area boundaries will be
incorporated at a later date and subject to an amendment to this by-law. (as amended by
4316AH-13)
The use of lands owned by The Niagara Parks Commission is governed by the
provisions of the Niagara Parks Act. The Niagara Parks Commission, in the use of its
lands, shall be consistent with Provincial Policy Statements and shall conform to
Provincial plans that are in effect or shall not conflict with them as per requirements of
the Ontario Planning Act, as amended. Before carrying out any undertaking that the
Niagara Parks Commission considers will directly affect the Town of Niagara-on-the-
Lake, The Niagara Parks Commission shall consult with and have regard for established
planning policies of the municipality as may be required under subsection 6(2) of the
Ontario Planning Act, as amended. (as amended by 4316C-09)
1.3
INTERPRETATION
1.3.1 For the purpose of this By-law, the definitions and interpretations given herein
shall govern. In their interpretation and application, the provisions of this By-law
shall be held to be the minimum requirements, except when expressly stated
otherwise, adopted for the promotion of public health, safety, convenience or
general welfare.
Every use of land, building and structure in the defined area shall conform to the
relevant zone provisions and any other relevant applicable provision or
requirement contained herein.
Whenever two or more provisions or requirements of this By-law are at variance,
one to the other, the more restrictive shall apply except where specifically stated
otherwise.
Section
Town of Niagara-on-the-Lake
Title, Defined Area and Interpretation
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S1, p. 3
1
1.3.2 For the purpose of this By-law:
(a)
words used in the present tense shall be deemed to include the future
tense;
(b)
unless otherwise specified herein, words used in the singular shall be
deemed to include the plural and words used in the plural shall be deemed
to include the singular;
(c)
the words "use", "used" or "occupy" shall be deemed to include the words
"intended", "arranged or designed for use or occupancy" or "intended
arranged or designed to be used or occupied" or "intend, arrange or
deemed for use or occupancy";
(d)
the words "shall" and "will" are mandatory; and
(e)
the word "may" is permissive.
1.3.3 Minimum and/or Maximum Requirements
The provisions of this By-law shall be held to be the minimum requirements,
unless the word 'maximum' is used, in which case the maximum requirement
shall apply. If both a minimum and a maximum requirement are specified then
both requirements shall apply.
1.3.4 Metric Conversion Clause
All imperial measurements converted to metric and all figures submitted in metric
but with three or more decimal places shall be rounded to one decimal place to
determine By-law compliance.
1.3.5 Imperial Measurements
Imperial measurements in this By-law are provided for convenience only and do
not form part of this By-law.
1.3.6 Examples and Illustrations
Examples and illustrations attached as an appendix are for the purpose of
clarification and convenience and do not form part of this By-law.
Section
Town of Niagara-on-the-Lake
Scope and Effect of this By-law
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S2, p. 1
2
Section
Scope and Effect of this By-law
2
Section
Town of Niagara-on-the-Lake
Scope and Effect of this By-law
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S2, p. 2
2
2.1
Within the defined area no person shall cause any land to be used or any building or
structure to be located, used, altered or erected, in whole or in part, except in conformity
with the provisions contained herein.
2.2
No lot shall be created if the effect of such creation causes any lot, building or structure
to contravene any provision contained herein.
2.3
Notwithstanding the provisions of subsection 2.2 above, where a portion of a parcel of
land is acquired by the Town, the Region, the Province of Ontario or the Federal
Government, and the effect of such acquisition is to make the remaining parcel of land,
building or structures either non-conforming or further non-conforming in regard to the lot
frontage, lot area, yard setback, or lot coverage provisions contained herein, the said
remaining parcel of land shall:
(a)
In the case of a parcel of land, building or structure made non-conforming, be
deemed to conform to the provisions which were made non-conforming by said
acquisition; or
(b)
In the case of a parcel of land, building or structure made further non-conforming
deemed to be non-conforming only to the extent of the non-conformity, which
existed prior to the said acquisition.
2.4
Where any setback or separation distance contained herein is required for the location of
uses, buildings or structures, such setbacks or separation distance shall also be required
from uses, buildings or structures in adjacent Municipalities.
2.5
If a decision of a court of competent jurisdiction declares that one or more of the
provisions of this By-law, including anything contained in the Zoning Maps are invalid
then that judgment shall not affect the validity of the remaining portions of this By-law
which shall remain in full force and affect until repealed.
2.6
All previously enacted By-laws passed pursuant to Section 34 of the Ontario Planning
Act, as amended, or a predecessor thereof, are hereby repealed insofar as they apply to
the areas included within the urban boundaries of the Town of Niagara-on-the-Lake and
the Definitions and General Provisions. (as amended by 4316AH-13)
2.7
This By-law shall not be interpreted so as to reduce or mitigate any other By-law,
regulation, or restriction lawfully imposed by this Corporation or any other governmental
authority having jurisdiction to do so.
2.8
Nothing in this By-law shall serve to relieve any person from the obligation to comply
with the requirements of any By-law of the Town in force from time to time or from the
obligation to obtain any license, permit, authority or approval required under any By-law
of the Town.
Section
Town of Niagara-on-the-Lake
Scope and Effect of this By-law
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S2, p. 3
2
2.9
In the event of a conflict between this By-law and any general or special Town By-law,
this By-law, as amended from time to time, shall prevail.
2.10
No other By-law, regulation or Act shall be interpreted so as to reduce or mitigate any
requirement of this By-law, unless, the other By-law, regulation or Act was specifically
intended to affect zoning and the governmental authority responsible for the By-law,
regulation or Act has the jurisdiction to do so.
2.11
This By-law shall come into force and take effect on its passing, provided that no Notice
of Appeal is filed to this By-law. Where one or more appeals have been filed within the
time period specified, at the conclusion of which, the provisions of Section 34,
Subsection 30 of the Ontario Planning Act, as amended, apply and the By-law shall be
deemed to have come into force and take effect on the day it was passed, unless
otherwise amended by the Ontario Municipal Board or the Lieutenant Governor in
Council.
Section
Town of Niagara-on-the-Lake
Administration and Enforcement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S3, p. 1
3
Section
Administration and Enforcement
3
Section
Town of Niagara-on-the-Lake
Administration and Enforcement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S3, p. 2
3
3.1
ADMINISTRATION AND ENFORCEMENT
This By-law shall be administered by the Director of Planning and Development Services
or his/her designate, and enforced by the By-law Enforcement Officer(s) and any other
employee of the Town as Council appoints from time to time.
3.2
INSPECTIONS
Where the By-law Enforcement Officer(s), or any official or employee of the Town acting
under direction, believes on reasonable grounds that this By-law may have been
contravened, the By-law Enforcement Officer(s), or any person under direction, shall at
all reasonable times and upon producing proper identification, be permitted to enter on
or in and inspect any land, building, or structure in respect of which it is believed that the
contravention may be occurring.
3.3
LICENCES AND PERMITS
No permit, certificate or license shall be issued where the said permit, certificate or
license is required for a proposed use of land or a proposed erection, alteration,
enlargement or use of a building or use of any land, building or structure that is known to
be in violation of any provision of this By-law.
Determination that a permit, certificate or license has been issued for a use of building or
structure, or addition, alteration or enlargement thereto which does not conform to any
provision contained herein shall result in said permit, certificate or license being revoked
or withdrawn.
It shall be the duty of the Chief Building Official or his / her designate to make the
necessary inspection and to certify all building permits. It shall be unlawful for any
person, persons, or Corporation to use or to permit the use of any building or part of a
building or structure erected, altered, enlarged or renovated after the passage of this By-
law until a building permit has been properly issued and certified by the Chief Building
Official or his / her designate.
The Niagara Parks Commission is responsible for giving approvals and issuing permits
for signs, docks, structures in water and accesses within the Niagara River Parkway
corridor as identified in the Niagara Parks Act and regulations. In addition to the Niagara
Parks Commission responsibilities, the Niagara Peninsula Conservation Authority is
responsible for giving approval for structures in water as part of the approval process.
Agricultural markets, seasonal produce stands, bed and breakfast establishment,
Country Inns, home industries, home occupations, home professions, estate wineries,
farm or cottage wineries, and single detached residential dwellings located along the
Niagara River Parkway will require Niagara Parks Commission approval for access and
signage.
Section
Town of Niagara-on-the-Lake
Administration and Enforcement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S3, p. 3
3
3.4
OFFENCE
No person shall occupy any lot, building, or structure, or permit the use of any lot,
building, or structure, except in compliance with the provisions of this By-law. It shall be
an offence for any person to use any lot, building, or structure within any Zone
Classification except in compliance with the permitted uses and regulations established
by this By-law.
3.5
ENFORCEMENT
3.5.1 Penalties
3.5.1.1
Every person who contravenes this By-law is guilty of an offence, and
on conviction is liable:
(a)
On a first conviction, to a fine of not more than $25,000.00; and
(b)
On a subsequent conviction, to a fine of not more than
$10,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the person
was first convicted.
3.5.1.2
Every corporation that contravenes the By-law is guilty of an offence,
and upon conviction is liable:
(a)
On a first conviction, to a fine of not more than $50,000.00; and,
(b)
On a subsequent conviction to a fine of not more than
$25,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the
corporation was first convicted.
In addition to any other remedy or any penalty provided by law, the court in which
a conviction has been entered, and any court of competent jurisdiction thereafter,
may make an order prohibiting the continuation or repetition of an offence.
3.5.2 Remedial Action
Where any matter or thing is required to be done by a person or corporation
under the provisions of this By-law, Council may direct that in default of it being
done by said person or corporation, such matter or thing may be done by the
Town at the sole expense of the person or corporation and the expenses thereof
with interest may be recovered by the Town in accordance with the provisions of
the Municipal Act given appropriate notice.
Section
Town of Niagara-on-the-Lake
Administration and Enforcement
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S3, p. 4
3
3.5.3 Previous Violations
No building or structure illegally erected, no use illegally established and no lot
illegally created prior to the date of passing of this By-law shall become legal
solely by reason of the passing of this By-law. Where such building, structure,
use or lot is in conflict with one or more provisions of this By-law, such activity will
remain illegal and shall not be deemed to be legal in this By-law, except where
specifically provided for.
3.6
REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-law shall be accompanied by fully completed
copies of the appropriate application form provided by the Town, by such application fee
as may be established from time to time by Council, and by such information as required
by the Provincial Plans, the Provincial Policy Statement, the Official Plan and / or the
Ontario Planning Act, as amended, and regulations issued hereunder.
3.7
MINOR VARIANCES
An application can be made to obtain a minor variance from the provisions of this By-law
in accordance with the Ontario Planning Act, as amended and in conformity with the
Provincial Plans. The appropriate application form shall be provided by the Town and
such application form shall be completed by the applicant and submitted with such
application fee as may be established from time to time by Council.
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 1
4
Section
Zones and Zone Maps
4
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 2
4
4.1
ESTABLISHMENT OF ZONES (as amended by 4316AH-13)
For the purpose of this By-law, the maps hereto attached as Schedules 'A-1, A-2, A-3',
A-9. A-14, A-21, A-23 and A-25 shall be referred to as the "Zoning Maps" for the urban
areas of Town of Niagara-on-the-Lake (except the rural area remains as existing). The
zoning maps shall be divided into the following Zoning Districts and Zones:
OLD TOWN COMMUNITY ZONING DISTRICT:
Established Residential (ER) Zone
ER
Established Residential (ER2) Zone
ER2
Established Residential (ER3) Zone (as amended by 4316Z-12)
ER3
Residential (R1) Zone
R1
Residential (R2) Zone
R2
Residential Multiple (RM1) Zone
RM1
Residential Development (RD) Zone
RD
Queen Picton Commercial (QPC) Zone
QPC
General Commercial (GC) Zone
GC
Marine Commercial (MC) Zone
MC
Institutional (I) Zone
I
Open Space (OS) Zone
OS
Environmental Conservation Zone Overlay
Heritage Zone Overlay
Holding (H) Zone
H
QUEENSTON COMMUNITY ZONING DISTRICT:
Established Residential (ER1) Zone
ER1
Established Residential (ER2) Zone
ER2
Residential (R3) Zone (as amended by 4316N-11)
R3
Residential Multiple (RM1) Zone (as amended by 4316N-11)
RM1
Village Commercial (VC) Zone
VC
Institutional (I) Zone
I
Open Space (OS) Zone
OS
Environmental Conservation Zone Overlay
Holding (H) Zone
H
Development Control of the Niagara Escarpment
Commission
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 3
4
ST. DAVIDS COMMUNITY ZONING DISTRICT:
Residential (R1) Zone
R1
Residential (R2) Zone
R2
Residential (R3) Zone
R3
Residential Multiple (RM1) Zone
RM1
Residential Multiple (RM2) Zone
RM2
Residential Development (RD) Zone
RD
Village Commercial (VC) Zone
VC
Service Commercial (SC) Zone
SC
Enterprise (E) Zone
E
Institutional (I) Zone
I
Open Space (OS) Zone
OS
Environmental Conservation Zone Overlay
Holding (H) Zone
H
Development Control of the Niagara Escarpment
Commission
VIRGIL COMMUNITY ZONING DISTRICT:
Residential (R1) Zone
R1
Residential (R2) Zone
R2
Residential Multiple (RM1) Zone
RM1
Residential Multiple (RM2) Zone
RM2
Residential Development (RD) Zone
RD
Village Commercial (VC) Zone
VC
Enterprise (E) Zone
E
Institutional (I) Zone
I
Open Space (OS) Zone
OS
Environmental Conservation Zone Overlay
Holding (H) Zone
H
GLENDALE COMMUNITY ZONING DISTRICT:
Queenston Road Residential (QR) Zone
QR
Residential (R1) Zone
R1
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 4
4
Residential Multiple (RM2) Zone
RM2
Residential Multiple (RM3) Zone
RM3
Residential Multiple (RM4) Zone
RM4
Residential Multiple (RM5) Zone
RM5
Residential Development (RD) Zone
RD
Regional Commercial (RC) Zone
RC
Regional Commercial (RC1) Zone
RC1
Village Commercial (VC) Zone
VC
Prestige Industrial (PI) Zone
PI
Light Industrial (LI)
LI
Institutional (I) Zone
I
Open Space (OS) Zone
OS
Open Space - Key Features (OSF) Zone
OSF
4.2
USE OF ZONE SYMBOLS
The symbols listed in Section 4.1 shall be used to refer to land, buildings and structures
and uses thereof permitted by this By-law in the said zones, and wherever in this By-law
the word "Zone" is used preceded by any of the said symbols, such zones shall mean
any area within the Town of Niagara-on-the-Lake delineated on the zoning maps and
designated therein by the said symbol.
4.3
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones,
as shown on the zoning maps, the following shall apply:
(a)
Unless otherwise shown, the boundary of the zones as shown on the zoning maps
shall be the centre lines of the road allowance or lot lines and the projection
thereof;
(b)
Where zone boundaries are indicated as approximately following lot lines shown
on a plan of subdivision, such lot lines shall be deemed to be the said boundary;
(c)
Where zone boundaries are indicated as approximately parallel to the line of any
road and the distance from such road is not indicated, such zone boundaries shall
be construed as being parallel to such road and the distance there from shall be
determined by the use of the scale shown on the zoning maps;
(d)
Unless otherwise indicated, a road, lane, or watercourse included on the zoning
maps, is included within the zone of the adjoining property on either side thereof;
and where such road, lane, right-of-way or watercourse serves as a boundary
between two or more different zones, a line midway in such road, lane, right-of-way
or watercourse and extending in the general direction of the long division thereof is
considered the boundary between zones, unless specifically indicated otherwise;
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 5
4
(e)
In the event a dedicated road, lane or right-of-way shown on the zone maps is
closed, the property formerly in said road lane or right-of-way shall be included
within the zone of the adjoining property or either side of the said closed road lane
right-of-way and the zone boundary shall be the former centre line of the closed
road, lane or right-of-way;
(f)
Where any zone boundary is left uncertain after application of the preceding
provisions, then the boundary line shall be determined according to the scale on
the zoning maps in the office of the Director of Planning and Development
Services; and,
(g)
Wherever it occurs, the municipal limit of the Town of Niagara-on-the-Lake is the
boundary for the zone adjacent to it.
4.4
ZONE CLASSIFICATIONS
TABLE 4.1: Zone Classifications
Zone Symbol
Zone
CLASS: RESIDENTIAL
ER
Established Residential Zone (Old Town)
ER1
Established Residential Zone (Queenston)
ER2
Established Residential Zone (Old Town, Queenston)
ER3
Established Residential Zone (Old Town) (as amended by 4316Z-12)
R1
Residential Zone (Old Town, St. Davids, Virgil, Glendale) (as
amended by 4316AH-13)
R2
Residential Zone (Old Town, St. Davids, Virgil)
R3
Residential Zone (St. Davids, Virgil, Queenston)
RM1
Residential Multiple Zone (Old Town, St. Davids, Virgil, Queenston)
(as amended by 4316N-11)
RM2
Residential Multiple Zone (St. Davids, Virgil, Glendale) (as amended
by 4316N-11)
RM3
Residential Multiple Zone (Glendale) (as added by 4316AH-13)
RM4
Residential Multiple Zone (Glendale) (as added by 4316AH-13)
RM5
Residential Multiple Zone (Glendale) (as added by 4316AH-13)
QR
Queenston Road Residential Zone (Glendale) (as added by 4316AH-13)
RD
Residential Development Zone (Old Town, St. Davids, Virgil,
Queenston, Glendale) (as amended by 4316AH-13)
CLASS: COMMERCIAL
QPC
Queen Picton Commercial Zone (Old Town)
GC
General Commercial Zone (Old Town)
MC
Marine Commercial Zone (Old Town)
VC
Village Commercial Zone (Queenston, St. Davids, Virgil, Glendale)
(as amended by 4316AH-13)
SC
Service Commercial Zone (St. Davids)
RC
Regional Commercial Zone (Glendale) (as amended by 4316AH-13)
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 6
4
Zone Symbol
Zone
RC1
Regional Commercial Zone (Glendale) (as amended by 4316AH-13)
CLASS: INDUSTRIAL
E
Enterprise Zone (St. Davids, Virgil)
EI
Extractive Industrial Zone (Agricultural)
PI
Prestige Industrial Zone (Glendale) (as added by 4316AH-13)
LI
Light Industrial Zone (Glendale) (as added by 4316AH-13)
CLASS: OTHER ZONES
OS
Open Space Zone
AR
Airport Zone
I
Institutional Zone
H
Holding Zone
EC
Environmental Conservation Zone
OSF
Open Space Key Features Zone
MISCELLANEOUS (No Class)
Development Control of the Niagara Escarpment Commission
Environmental Conservation Zone Overlay
4.5
SITE SPECIFIC EXCEPTIONS
Whenever lands on any Zoning Schedule have the zone symbol followed directly by a
dash ( - ) and a number, for example, VC - 1, such lands shall be considered to have a
"Site Specific Exception" number and to have reference to a zone category. The said
lands shall be subject to the provisions of the relevant zone category and all other
provisions contained herein, and in addition, shall be subject to any special provisions
provided for within the relevant special provision subsection of the relevant zone
category.
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 7
4
4.6
ENVIRONMENTAL CONSERVATION ZONE OVERLAY
4.6.1 This Comprehensive Zoning By-law includes an environmental conservation
zone overlay within the urban community zoning districts to ensure that
development of properties within and / or adjacent to the environmental feature
achieve the objectives of:
-
The Regional Policy;
-
The Open Space portion of Section 15: Open Space and Community
Facilities;
-
Section 16: Conservation / Wetlands of the Official Plan;
-
The Provincial Policy Statement;
-
Niagara Peninsula Conservation Authority Regulation Area under Ontario
Regulation 155/06; and,
-
The Ontario Planning Act.
4.6.2 The underlying zone category works together with the environmental
conservation zone overlay in determining the density and required setbacks of a
permitted use from an environmental feature.
4.6.3 There are cases where the environmental conservation zone overlay may consist
of more than one key natural heritage feature or key hydrologic feature on a
specific site, creating several layers of development and zone requirements. In
these instances, the most restrictive environmental feature's zoning requirements
will take precedence.
4.6.4 A building permit will not be issued on a property affected by the environmental
conservation zone overlay unless the zone requirements of the environmental
feature have been met. Where a building is subject to an Environmental Impact
Study (EIS) no change in use, 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 well no negative impact on the adjacent
natural feature.
4.7
ENVIRONMENTAL IMPACT STUDY (EIS)
An Environmental Impact Study (EIS) may be required where lands are in or adjacent to
an environmental feature to ensure that the environmental feature is protected against
impacts of development.
Section
Town of Niagara-on-the-Lake
Zones and Zone Maps
Comprehensive Zoning By-Law 4316-09, as amended
Office Consolidation - August 2016
S4, p. 8
4
4.8
ENVIRONMENTAL CONSERVATION (EC) ZONE
The limits of the Environmental Conservation (EC) Zone may be subject to change as
new detailed information and accurate mapping from the Niagara Peninsula
Conservation Authority becomes available as it relates to natural and man-made
features. The zone schedules in the Comprehensive Zoning By-Law will be updated to
reflect updated mapping from the Niagara Peninsula Conservation Authority.
4.9
HOLDING ZONES
Land subject to a Holding Zone shall not be used, nor any building or structure used,
altered or erected until the Holding Zone is removed by amendment. This provision shall
not prevent continuation of uses existing at the time the Holding Zone was established
on said lands.