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Sections 4-20: Page 1
SECTION 4 - RURAL (A) ZONE
4.1
Uses Permitted
No person shall within the Rural (A) Zone, use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
(a)
Rural Uses (as amended by 500PE-01)
-
a farm including accessory buildings, providing that in the event that the
structures or the land is to be used for the purpose of a Specialized Farm Use
as defined in Section 2.32 of this by-law, that a certificate of Compliance shall
have been obtained from the Ministry of the Environment and the Ministry of
Agriculture and Food.
-
a nursery or commercial greenhouse
-
any use or enterprise customarily carried on in the field of general agriculture,
subject to the foregoing (By-law 500PE-01)
-
a home industry as defined in Section 2.40 of this By-law
-
a farm produce storage building
-
a seasonal home grown produce sales outlet
-
an animal hospital or kennel
-
a farm winery as in Sections 2.32-1 and 3.34
-
a greenhouse building used for a Marihuana for Medical Purposes Facility
(added as per 500WO-14)
(b)
Residential Uses
-
a one ( 1) family dwelling
-
a small scale tourist accommodation as defined in Section 2.73A (By-law 500LJ-97)
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
4.2
Zone Requirements
No person shall within the Rural (A) Zone use any lot or erect, alter or use any building
or structure except in accordance with Schedule "F" - Zone Requirements Table as
applicable to the Rural (A) Zone.
4.2.1 SPECIAL PROVISIONS FOR GREENHOUSE BUILDINGS USED FOR MARIHUANA FOR
MEDICAL PURPOSES PRODUCTION FACILITIES (added as per 500WO-14)
(a) If a property containing a Marihuana for Medical Purposes Production Facility
is located 70.0 m (229.66 ft) or greater from a property line of a sensitive
land use, the minimum yard requirements of the Rural (A) Zone shall apply.
(b) If a property containing a Marihuana for Medical Purposes Production Facility
is located less than 70.0 m (229.66 ft) from a property line of a sensitive land
Sections 4-20: Page 2
use, any building or structure on site shall have a minimum yard setback of
70.0 m (229.66 ft) from any property line(s) that is less than 70.0 m (229.66
ft) to the sensitive land use. The minimum requirements of the Rural (A)
Zone shall apply for all other setbacks.
(c) No outside storage is permitted.
(d) Where an interior side yard or rear yard is adjacent to the property of a
sensitive land use, a strip of land adjacent to the adjoining property 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 of By-law 4316-09, as amended.
(e) Where security fencing is required by federal legislation, it shall comply with
the following provisions:
i.) Security fencing shall meet all required yard setbacks of the zone.
ii.) Security fencing shall have a maximum height of 2.74 m (9.0 ft).
Sections 4-20: Page 3
SECTION 4A - AGRICULTURAL ONLY ZONE (AO)
(By-law 500CI-83)
4.A.1
Uses Permitted
No person shall within the Agricultural Only (AO) Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following permitted
uses:
-
a farm including accessory building but not a house, providing that in the
event the structures or the land is to be used for the purpose of a Specialized
Farm Use as defined in Section 2.32 of this By-law, that a Certificate of
Compliance shall have been obtained from the Ministry of the Environment
and the Ministry of Agriculture and Food;
-
a nursery or commercial greenhouse;
-
any use customarily carried on in the field of agriculture subject to the
foregoing;
-
a farm produce storage building
-
all residential, commercial, industrial, institutional and open space uses are
not permitted within an Agricultural Only Zone (AO).
Sections 4-20: Page 4
SECTION 4B - AGRICULTURAL PURPOSES ONLY ZONE (APO)
(By-law 500DH-85)
4.B.1
Uses Permitted
No person shall within the Agricultural Purposes Only (APO) Zone, use any lot or
erect, alter or use any building or structure for any purpose except in accordance with
the following:
-
a farm including accessory building but not a house, providing that in the
event the structures or the land is to be used for the purpose of a Specialized
Farm Use as defined in Section 2.32 of this By-law, that a Certificate of
Compliance shall have been obtained from the Ministry of the Environment
and the Ministry of Agriculture and Food;
-
a nursery or commercial greenhouse;
-
any use customarily carried on in the field of agriculture subject to the
foregoing;
-
a farm produce storage building
4.B.2
Zone Requirements
Within the Agricultural Purposes Only (APO) Zone the requirements of the Rural (A)
Zone of Schedule "F" - Zone Requirements Table as applicable to the "Rural (A) Zone"
shall apply except that the minimum lot frontage, minimum lot area, and minimum lot
depth shall be as existing on the date of passing of this by-law.
Sections 4-20: Page 5
SECTION 5 - RURAL RESIDENTIAL (RR) ZONE
5.1
Uses Permitted
No person shall within the Rural Residential (RR) Zone, use any lot, or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Rural Uses
-
any existing use or enterprise customarily carried on in the field of general
agriculture, but not including a specialized farm use as defined in Section
2.32 in this By-law
-
a nursery or commercial greenhouse
-
a home industry as defined in Section 2.40 of this By-law
-
a seasonal home-grown produce sales outlet
-
except that any of these permitted uses under this subsection where adjacent
to or across from an existing residence on another lot shall be screened from
that residence on a parcel of land 1 5 feet wide at the lot line and this parcel
shall be used for no other purpose than landscaping
-
a farm winery as in Sections 2.32-1 and 3.34
(b)
Residential Uses
-
a one-family dwelling
-
a small scale tourist accommodation as defined in Section 2.73A (By-law 500LJ-97)
-
a home occupation as defined in Section 2.41 of this By-law
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(c)
Open Space Uses
-
a bowling green, outdoor skating rink, tennis court or private club.
(d)
Institutional Uses
-
a church, community centre, nursing home or library
-
a Public Use in accordance with the provisions of Section 3. 21 of this By-law
5.2
Zone Requirements
No person shall within the Rural Residential (RR) Zone use any lot or erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Rural Residential (RR) Zone.
Sections 4-20: Page 6
SECTION 6 - SUBURBAN RESIDENTIAL (RS) ZONE
6.1
Uses Permitted
No person shall within the Suburban Residential (RS) Zone, use any lot, or erect, alter
or use any building or structure for any purpose except one or more of the following
uses:
(a)
Residential Uses
-
a one-family dwelling
-
a small scale tourist accommodation as defined in Section 2.73A (By-law 500LJ-97)
-
a home occupation as defined in Section 2.41 of this By-law
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(c)
Open Space Uses
-
a bowling green, outdoor skating rink, tennis court or private club.
(c)
Institutional Uses
-
a church, community centre, nursing home or library
-
a Public Use in accordance with the provisions of Section 3.21 of this By-law
6.2
Zone Requirements
No person shall within the Suburban Residential (RS) Zone use any lot or erect, alter
or use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Suburban Residential (RS) Zone.
Sections 4-20: Page 7
SECTION 7 - SHORELINE ONE FAMILY RESIDENTIAL (RC) ZONE
(By-law 500EY-88)
7.1
Uses Permitted
No person shall within the Shoreline One-Family Residential (RC) Zone, use any lot, or
erect, alter or use any building or structure for any purpose except one or more of the
following uses:
(a)
Residential Uses
-
a one-family dwelling for year-round occupancy or seasonal dwelling unit
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
7.2
Zone Requirements
No person shall, within the Shoreline One-Family Residential (RC) Zone, use any lot,
or erect, alter or use any building or structure except in accordance with the following:
(a)
Minimum Lot Area
Existing on the date of passing of this By-law
(b)
Minimum Lot Frontage
and/or Depth
Existing on the date of passing of this By-law
(c)
Maximum Height
10.6 meters
(d)
Maximum Coverage
Existing on the date of passing of this By-law or
15% of the lot area
(e)
Minimum Front Yard
Existing on the date of passing of this By-law or
7.0 meters
(f)
Minimum Rear Yard
Existing on the date of passing of this By-law or
7.0 meters
(g)
Minimum Exterior and/or
Interior Side Yard
Existing on the date of passing of this By-law or
3.0 meters
(h)
Minimum Building Area:
(i) one storey
(ii) two storey
Existing on the date of passing of this By-law or:
92.9 m²
139.35 m²
(i)
Accessory Building Yards
Existing on the date of passing of this By-law or
1.5 meters
Sections 4-20: Page 8
7.3
Special Provisions
7.3.1
All lots existing on the date of the passing of this By-law, which are subject to
the provisions of the "Shoreline One-Family Residential (RC) Zone" shall be
exempt from Section 3.11 "Frontage on a Public Road or street" of Zoning
By-law No. 500A-74, as amended, provided written approval is obtained from
the Niagara Regional Health Unit regarding source of water and proposed
sewage disposal, as well as written approval from the Ministry of Natural
Resources regarding slope stability and erosion control.
7.3.2
All lots existing on the date of the passing of this By-law which are subject to
the provisions of the "Shoreline One-Family Residential (RC) Zone" shall be
exempt from Section 3.4 "Accessory Use" of Zoning By-law No. 500A-74, as
amended, only insofar as it would apply to inground, unenclosed pools within
a front yard.
7.3.3
Nothing in this By-law shall prevent the rebuilding or repair of an existing or
permitted building or structure, even though such building or structure or the
lot on which such building or structure is located does not conform to one or
more of the provisions of this By-law, provided that yards appurtenant thereto
are not reduced except in accordance with the provisions of this By-law.
7.3.4
Nothing in this By-law shall prevent a horizontal extension or addition from
being made to an existing building or structure or lot or the use thereof does
not conform to one or more of the provisions of this By-law, provided such
extension or addition itself is designed, located, used and otherwise is in
compliance with the provisions of this By-law, except that all yards
appurtenant to an existing building or structure shall be deemed to conform to
the yard and setback requirements of this By-law, notwithstanding that the
width or depth of such yards might be less than that required elsewhere
herein.
7.4
Definitions
For the purpose of implementing the regulations of the Shoreline One Family
Residential (RC) Zone, the following definition of a "Front Lot Line" shall apply and
shall be used in interpreting definitions 2.48, 2.49, 2.52, 2.83 and 2.84:
"Lot Line Front" means in the case of a lot having frontage on a navigable
waterway, the lot line directly adjacent to the navigable waterway. Further in the
case of the lot zoned Shoreline One-Family residential (RC) Zone that does not
have frontage on the navigable waterway, definition 2.51 "Lot Line, Front" shall
apply except that a street may be a private lane or private right-of-way.
Sections 4-20: Page 9
SECTION 8 - ONE FAMILY RESIDENTIAL (R1) ZONE
8.1
Uses Permitted
No person shall within the One Family Residential (R1) Zone, use any lot, or erect,
alter or use any building or structure for any purpose except one or more of the
following uses:
(a)
Residential Uses
-
a one-family dwelling
-
a small scale tourist accommodation as defined in Section 2.73A (By-law 500LJ-97)
-
a home occupation as defined in Section 2.41 of this By-law
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(b)
Institutional Uses
-
a church, community centre, nursing home or library
-
a Public Use in accordance with the provisions of Section 3. 21 of this By-law
8.2
Zone Requirements
No person shall within the One Family Residential (R1) Zone use any lot or erect, alter
or use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the One Family Residential (R1) Zone.
Sections 4-20: Page 10
SECTION 8.3 - R1 SPECIAL ZONE
(By-law 500FO-91)
8.3
Uses Permitted in R1-1 Zones
In any R1-1 zone, no person shall use any lot or construct, alter or use any building or
structure for any purpose except 1 or more of the following uses:
8.3.1
Residential Uses
-
a one-family dwelling
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
8.3.2
Non-residential Uses
-
a home occupation
-
a public park
8.4
Special Provisions for R1-1 Zones
For the purposes of this subsection, all provisions which refer to a lot are calculated
using only that portion of a lot which is above the normal elevation of the Niagara
River. In any R1-1 Zone, no person shall use any lot or construct, alter or use any
building or structure unless such lot is served by a public water system and a sanitary
sewer system and except in accordance with the following special provisions:
8.4.1
lot area (minimum)
415 square metres
8.4.2
lot frontage (minimum)
16 metres
8.4.3
lot depth (minimum)
24.5 metres
8.4.4
lot coverage (maximum)
45%
8.4.5
front yard (minimum)
3 metres
8.4.6
rear yard (minimum)
7.5 metres
8.4.7
interior side yard (minimum)
1.5 metres
8.4.8
building separation (minimum)
1 metre
8.4.9
building heights (maximum)
(a) main building
2 storeys and 8.5 metres
(b) accessory building
1 storey and 3 metres
8.4.10
dwelling unit area (maximum)
370 square metres
8.4.11
dwelling unit area (minimum)
185 square metres
8.4.12
landscaping area (minimum)
45%
8.4.13
driveway setback (minimum)
1.8 metres
Sections 4-20: Page 11
8.4.14
parking spaces (minimum)
(a) residential uses
2 for each dwelling unit
(b) non-residential uses
the greater of: 2 per lot or 1 for each
18.5 square metres of net floor area
or portion thereof
8.4.15
Parking Space Location:
Except within a private garage or carport or on a driveway, no part of any
parking space shall be located in any part of a front yard
8.4.16
General Provisions:
In addition to the above, the provisions of Section 3 shall apply.
Sections 4-20: Page 12
SECTION 9 - TWO FAMILY RESIDENTIAL (R2) ZONE
9.1
Uses Permitted
No person shall within the Two Family Residential (R1) Zone, use any lot, or erect,
alter or use any building or structure for any purpose except one or more of the
following uses:
(a)
Residential Uses
-
a one-family dwelling (*)
-
a small scale tourist accommodation as defined in Section 2.73A
(By-law 500LJ-97) pertaining to a one-family dwelling residential use only (*)
-
a semi-detached dwelling
-
a duplex dwelling
-
a two-family converted dwelling
-
a home occupation as defined in Section 2.41 of this By-law pertaining to a
one-family dwelling residential use only (*)
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(b)
Institutional Uses
-
a church
-
a Public Use in accordance with the provisions of Section 3. 21 of this By-law
9.2
Zone Requirements
No person shall within the Two Family Residential (R2) Zone use any lot or erect, alter
or use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Two Family Residential (R2) Zone.
Sections 4-20: Page 13
SECTION 10 - THREE AND FOUR FAMILY RESIDENTIAL (R3) ZONE
10.1
Uses Permitted
No person shall within the Three and Four Family Residential (R3) Zone, use any lot,
or erect, alter or use any building or structure for any purpose except one or more of
the following uses:
(a)
Residential Uses
-
a one-family dwelling (*)
-
a small scale tourist accommodation as defined in Section 2.73A
(By-law 500LJ-97) pertaining to a one-family dwelling residential use only (*)
-
a semi-detached dwelling
-
a duplex dwelling
-
a triplex dwelling and a fourplex dwelling
-
a converted dwelling containing two, three or four dwelling units
-
a home occupation as defined in Section 2.41 of this By-law pertaining to a
one-family dwelling residential use only (*)
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(b)
Institutional Uses
-
a church
-
a Public Use in accordance with the provisions of Section 3. 21 of this By-law
10.2
Zone Requirements
No person shall within the Three of Four Family Residential (R3) Zone use any lot or
erect, alter or use any building or structure except in accordance with Schedule "F" -
Zone Requirements Table as applicable to the Three and Four Family Residential (R3)
Zone.
Sections 4-20: Page 14
SECTION 11 - MULTIPLE FAMILY RESIDENTIAL (RM4) ZONE
11.1
Uses Permitted
No person shall within the Multiple Family Residential (RM4) Zone, use any lot, or
erect, alter or use any building or structure for any purpose except one or more of the
following uses:
(a)
Residential Uses
-
a converted dwelling containing four or more dwelling units
-
a multiple dwelling, a row house or an apartment building when constructed
and located in accordance with a site plan which has been incorporated into
this By-law as an amendment to Schedule "H", Site Plans, in accordance with
the provisions of Section 21 of this By-law
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
(b)
Institutional Uses
-
a Public Use in accordance with the provisions of Section 3.21 of this By-law
11.2
Zone Requirements
No person shall within the Multiple Family Residential (RM4) Zone use any lot or erect,
alter or use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Multiple Family Residential (RM4) Zone.
Sections 4-20: Page 15
SECTION 11.3 - RM4-1 SPECIAL ZONE
(By-law 500FP-91)
11.3.1
Uses Permitted in RM4-1 Zones
In any RM4-1 zone, no person shall use any lot or construct, alter or use any building
or structure for any purpose except 1 or more of the following uses:
11.3.1
Residential Uses
-
a townhouse unit
-
a group home as in Section 2.36B and 3.35 (By-law 500MT-99)
11.3.2
Non-residential Uses
-
a home occupation
11.4
Special Provisions for RM4-1 Zones
In any RM4-1 Zone, no person shall use any lot or construct, alter or use any building
or structure for any purpose except 1 or more of the following uses:
11.4.1
lot areas (minimum)
(a) end unit
310 square metres
(b) interior unit
280 square metres
11.4.2
lot frontages (minimum)
(a) end unit
10.5 metres
(b) interior unit
7.5 metres
11.4.3
lot depth (minimum)
32 metres
11.4.4
lot coverage (maximum)
40%
11.4.5
front yard (minimum)
7.5 metres
11.4.6
rear yard (minimum)
7.5 metres
11.4.7
interior side yard (minimum)
(a) end unit
3 metres
(b) interior unit
nil
11.4.8
building heights (maximum)
(a) main building
2 storeys and 8.5 metres
(b) accessory building
1 storey and 3 metres
11.4.9
dwelling unit area (maximum)
110 square metres
11.4.10 landscaping area (minimum)
45%
11.4.11 driveway setback (minimum)
nil
11.4.12 parking spaces (minimum)
(a) residential uses
2 for each dwelling unit
(b) non-residential uses
the greater of: 2 per lot or 1 for each
18.5 square metres of net floor area
or portion thereof
Sections 4-20: Page 16
11.4.13 Parking Space Location:
Except within a private garage or carport or on a driveway, no part of any
parking space shall be located in any part of a front yard
11.4.14 General Provisions:
In addition to the above, the provisions of Section 3 shall apply.
Sections 4-20: Page 17
SECTION 12 - GENERAL COMMERCIAL (C1) ZONE
12.1
Uses Permitted
No person shall within the General Commercial (C1) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
a retail store in which the permitted manufacturing use is incidental to the
retail business but does not exceed 50% of the floor area and the products
manufactured are for sale at retail on the premises
-
a service shop
-
an eating establishment including a restaurant outdoor patio subject to the
provisions of Section 3.31
-
a garden centre
-
a service station
-
a telephone exchange
-
a theatre
-
a place of entertainment (but not a drive-in theatre)
-
a bank or other financial establishment
-
a business or professional office
-
a hotel, motel or private club
-
a take-out food outlet
-
a parking garage, structure or lot
-
an undertaking establishment
-
a newspaper publishing office and job printer, but not a book or magazine
printing or publishing establishment
-
a wholesale establishment which conducts retail sales in the same premises
-
a shopping centre (500HL-93)
-
an amusement arcade (500HL-93)
-
an antique store (500PE-01)
-
a commercial recreation establishment (500RT-04)
Except that:
(i) the storage of inoperable vehicles including trailers is not permitted, and
(ii) a shopping centre, i.e. a group of more than four retail and/or service shops
having a common parking area, is not permitted with the Commercial (C1)
Zone
Sections 4-20: Page 18
(c)
Institutional Uses
-
a church
-
a library
-
a community centre
-
a nursing home
(d)
Special Provisions for the Old Town of Niagara Area shown on Schedule "B"
(i) the following uses are prohibited within the area shown in the C1 on
Schedule "B" of this By-law (By-law 500N-76)
-
a motel
-
a take-out food outlet
-
a service station
-
a parking garage or structure
-
an amusement arcade
-
a nursing home
-
wholesale establishment which conducts retail sales in same premises
(ii) a retail store located with the area shown on Schedule "B" may not include
the incidental manufacturing uses described under Subsection (b) above
(e)
Special Provisions for the Urban Community of Virgil shown on Schedule "C" of
Zoning By-law 500A-74 (By-law 500BT-80)
(i) the following uses are prohibited within the area(s) shown as C1 on Schedule
"C" of By-law 500A-74:
-
a farm implement dealer
-
a motel
-
a miniature golf course
-
a motor vehicle sales outlet
-
a parking garage or structure
-
a wholesale establishment
-
an amusement arcade
-
a nursing home
12.2
Zone Requirements
No person shall within the General Commercial (C1) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the General Commercial (C1) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
Sections 4-20: Page 19
12.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone (other than a Rural Residential (RR) Zone) a strip of land on the lot
adjoining such abutting lot line shall be used for a planting strip in accordance with the
following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 10 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 5 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 20
SECTION 12A - SERVICE COMMERCIAL (C2) ZONE
12A.1
Uses Permitted
No person shall within the Service Commercial (C2) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
a coin operated car wash outlet
-
a personal service establishment (By-law 500PE-01)
-
a retail store including a retail store in which the manufacturing use is
incidental to the retail business but does not exceed 50% of the floor area
and the products manufactured are for sale at retail on the premises provided
that the manufacturing process is not excluded as an obnoxious use under
Section 2.60, but not including a supermarket
-
bank of other financial establishment
-
a business or professional office
-
an eating establishment including a restaurant outdoor ` patio subject to the
provisions of Section 3.31
-
a dry cleaning depot
-
a farm implement dealer
-
a coin laundry
-
a garden centre
-
a motor vehicle sales and service establishment (there shall be no storage of
inoperable vehicles) (By-law 500PE-01)
-
a place of entertainment (but not a drive-in theatre)
-
a service station (there shall be no storage of inoperable vehicles)
(By-law 500PE-01)
-
an antique store (By-law 500PE-01)
-
a commercial recreation establishment (By-law 500RT-04)
(c)
Institutional Uses
-
a church
-
a community centre
Sections 4-20: Page 21
12A.2
Zone Requirements
No person shall within the Service Commercial (C2) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Service Commercial (C2) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
12A.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone (other than a Rural Residential (RR) Zone) a strip of land on the lot
adjoining such abutting lot line shall be used for a planting strip in accordance with the
following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 10 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 5 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 22
SECTION 13 - HIGHWAY COMMERCIAL (C3) ZONE
13.1
Uses Permitted
No person shall within the Highway Commercial (C3) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
bank of other financial establishment
-
a business or professional office
-
a driving range
-
a building supply or lumber yard
-
an eating establishment including a restaurant outdoor patio subject to the
provisions of Section 3.31
-
a farm implement dealer
-
a hotel or motel
-
a clinic
-
a motor vehicle sales and service establishment (there shall be no storage of
inoperable vehicles) (By-law 500PE-01)
-
a nursery or garden centre
-
a place of entertainment (but not a drive-in theatre)
-
a public garage (there shall be no storage of inoperable vehicles)
(By-law 500PE-01)
-
a seasonal produce stand
-
a service station (there shall be no storage of inoperable vehicles)
(By-law 500PE-01)
-
an antique store (500PE-01)
-
a commercial recreation establishment (By-law 500RT-04)
(*) There shall be no storage of inoperable vehicles
(c)
Institutional Uses
-
a church
-
a community centre
Sections 4-20: Page 23
13.2
Zone Requirements
No person shall within the Highway Commercial (C3) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Highway Commercial (C3) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
13.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone, a strip of land on the lot adjoining such abutting lot line shall be used
for a planting strip in accordance with the following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 10 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 5 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 24
SECTION 14 - MARINE COMMERCIAL (C4) ZONE
14.1
Uses Permitted
No person shall within the Marine Commercial (C4) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
a commercial fishing establishment
-
a boat building or storage establishment
-
a hotel, motel or botel
-
a commercial fishing outfitting and service station
-
a marina or boat livery
-
a marine passenger service terminal
-
a marine retail outlet
-
a parking area for motorized vehicles
-
a sail maker
-
an ancillary retail or service establishment
-
a ship's chandler
(c)
Open Space Uses
-
a swimming area, or private club
14.2
Zone Requirements
No person shall within the Marine Commercial (C4) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Marine Commercial (C4) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
Sections 4-20: Page 25
SECTION 14.3 - C4-1 SPECIAL ZONE (By-law 500FQ-91)
14.3
Uses Permitted in C4-1 Zones
In any C4-1 Zone, no person shall use any lot or construct, alter or use any building or
structure for any purpose except 1 or more of the following uses:
14.3.1 Residential Uses:
- prohibited
14.3.2 Non-Residential Uses:
- a hotel
14.4
Special Provisions for C4-1 Zones
In any C4-1 Zone, no person shall use any lot or construct, alter or use any building or
structure unless such lot is served by a public water system and a sanitary sewer
system and except in accordance with the following special provisions:
14.4.1
Lot area (minimum)
1,450 m²
14.4.2
Lot frontage (minimum)
28 m
14.4.3
Lot depth (minimum)
49 m
14.4.4
Lot coverage (maximum)
38.5%
For the purposes of this clause, lot coverage
shall be calculated using the perimeter of the
building at finished grade.
14.4.5
Front yard (minimum)
nil
14.4.6
Rear yard (minimum)
nil
14.4.7
Exterior side yard (minimum)
nil
14.4.8
Interior side yard (minimum)
12 m
14.4.9
Building height (maximum)
10.5 m and 3 storeys
14.4.10
Landscaping area (minimum)
nil
14.4.11
Buffer location
a planting strip or solid fence
shall be required along any
portion of a lot line which abuts a
Residential Zone
14.4.12
Driveway setback (minimum)
6 m
14.4.13
Parking spaces (minimum)
28
14.4.14
Loading spaces (minimum)
1 only
14.4.15
General provisions
In addition to the above, the
provisions of Section 3 shall
apply
Sections 4-20: Page 26
SECTION 15 - RESTRICTED INDUSTRIAL (M1) ZONE
15.1
Uses Permitted
No person shall within the Restricted Industrial (M1) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
a motor vehicle sales and service establishment (*)
-
a parking garage, structure or lot
-
a publishing establishment
-
a seasonal produce stand
-
a service station
-
a telephone exchange
(c)
Industrial Uses
-
an assembly plant
-
a contractor's or tradesman's shop or office
-
a dry-cleaning or laundry establishment
-
a fabricating, processing, servicing or manufacturing establishment
-
a machine shop
-
a warehouse
-
a transportation terminal (but not a truck terminal or storage yard)
Except that:
(i) there shall not be open storage of goods or materials for the Industrial Uses;
(ii) there shall be no Obnoxious Use as defined under Section 2.60 of this By-
law;
(iii) there shall be no storage of inoperable vehicles
(d)
Open Space Uses
-
a meeting hall or auditorium
-
a private park, swimming or private club
Sections 4-20: Page 27
15.2
Zone Requirements
No person shall within the Restricted Industrial (M1) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Restricted Industrial (M1) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
15.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone, a strip of land on the lot adjoining such abutting lot line shall be used
for a planting strip in accordance with the following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 10 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 5 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 28
SECTION 16 - GENERAL INDUSTRIAL (M2) ZONE
16.1
Uses Permitted
No person shall within the General Industrial (M2) Zone, use any lot, erect, alter or use
any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
A dwelling unit or units permitted under the provisions of Section 3.9 of this By-
law.
(b)
Commercial Uses
-
a bulk fuel storage establishment
-
a building supply, contractor's or lumber yard
-
a motor vehicle sales and service establishment
-
a parking garage, structure or lot
-
a public garage
-
a publishing establishment
-
a seasonal produce stand
-
a service station
-
a telephone exchange
(c)
Industrial Uses
-
an assembly plant
-
a contractor's or tradesman's shop or office
-
a dry-cleaning or laundry establishment
-
a fabricating, processing, servicing or manufacturing shop or plant
-
a machine shop
-
open storage of goods and materials
-
a transportation terminal
Except that:
(i) an Obnoxious Use as defined under Section 2.60 of this By-law shall not be
permitted;
(ii) there shall be no storage of inoperable vehicles
Sections 4-20: Page 29
16.2
Zone Requirements
No person shall within the General Industrial (M2) Zone use any lot, erect, alter or use
any building or structure except in accordance with Schedule "F" - Zone Requirements
Table as applicable to the General Industrial (M2) Zone or in accordance with the
provisions of any applicable paragraph of Section 21 - Special Provisions.
16.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone, a strip of land on the lot adjoining such abutting lot line shall be used
for a planting strip in accordance with the following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 10 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 5 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 30
SECTION 17 - EXTRACTIVE INDUSTRIAL (M3) ZONE
17.1
Uses Permitted
No person shall within the Extractive Industrial (M3) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Industrial Uses
-
concrete bashing plant
-
a contractor's yard
-
a crushing plant and aggregate storage area (pertaining to lands of those in
operation in existence as of January 1st, 1973 only)
-
a gravel pit, clay pit, excavation area or stone quarry (pertaining to lands of
those in operation in existence as of January 1st, 1973 only)
17.2
Zone Requirements
No person shall within the Extractive Industrial (M3) Zone use any lot, erect, alter or
use any building or structure except in accordance with Schedule "F" - Zone
Requirements Table as applicable to the Extractive Industrial (M3) Zone or in
accordance with the provisions of any applicable paragraph of Section 21 - Special
Provisions.
17.3
Screening Requirements
Where the interior side or rear lot line of a lot used under this Section abuts a
Residential Zone, a strip of land on the lot adjoining such abutting lot line shall be used
for a planting strip in accordance with the following requirements.
(a)
Width
Land required to be used as a planting strip shall be a minimum width of 50 ft.
(b)
Contents
A planting strip shall be used for no other purpose than for a row of trees or a
continuous hedgerow of evergreens or shrubs not less than 10 feet high and
immediately adjacent to the lot line along which the planting strip is required.
Sections 4-20: Page 31
SECTION 17A - LIGHT INDUSTRIAL (M4) ZONE (By-law 500JG-94)
17A.1
Uses Permitted
No person shall within the Light Industrial (M4) Zone, use any lot, erect, alter or use
any building or structure for any purpose except one or more of the following uses:
-
commercial recreational establishment
-
data processing establishment
-
day care centres
-
laboratories
-
manufacturing establishments, excluding an obnoxious use
-
offices, medical/dental
-
offices, business
-
offices, professional
-
offices, service
-
printing establishments
-
repair and rental establishment
-
service and repair establishment
-
service trades
-
warehousing
-
assembly halls
-
nursery and garden centres
-
wholesales establishments
-
private clubs
-
retail as a subsidiary to a permitted use
-
automotive sales and service establishments
-
parking garages, structures or lots
-
automobile services stations
-
dry cleaning and laundry plants
Sections 4-20: Page 32
17A.2
Zone Requirements
No person shall within the Light Industrial (M4) Zone use any lot, erect, alter or use
any building or structure except in accordance with the following or in accordance with
the applicable provisions Section 21 - Special Provisions.
(a)
Minimum lot area
4,045 m²
(b)
Minimum lot frontage
45.0 m
(c)
Maximum height
12.0 m
(d)
Maximum coverage
40%
(e)
Maximum open storage
0% of lot area
(f)
Minimum landscaped open space
5% of lot area
(g)
Minimum: front yard depth, rear yard depth, and
exterior side yard depth
8.0
(h)
Minimum side yard depth
3.0 m
(i)
Any yard adjacent to a residential zone
(minimum)
15.0 m
(j)
Maximum gross floor area of secondary retail
uses
5% of gross floor
area
17A.3
Zone Variations
If a use and/or a regulation is not specified, the applicable list of permitted uses and or
regulations of Section 17A.1 and/or 17A.2 shall apply
Sections 4-20: Page 33
SECTION 17B - PRESTIGE INDUSTRIAL (M5) ZONE (By-law 500EX-88 & 500JG-94)
17B.1
Uses Permitted
No person shall within the Prestige Industrial (M5) Zone, use any lot, erect, alter or use
any building or structure for any purpose except one or more of the following uses:
-
commercial recreational establishment
-
data processing establishment
-
day care centres
-
laboratories
-
manufacturing establishments, excluding metal fabrication and/or an
obnoxious use as defined by the Public Health Act
-
office, medical/dental
-
office, business
-
office, professional
-
office, service
-
printing establishments
-
service and repair establishment
-
service trades
-
warehousing
-
parking garages, structures or lots
-
assembly halls
-
private clubs
-
retail as a subsidiary to a permitted use
Sections 4-20: Page 34
17B.2
Zone Requirements
No person shall within the Prestige Industrial (M5) Zone use any lot, erect, alter or use
any building or structure except in accordance with the following or in accordance with
the applicable provisions Section 21 - Special Provisions.
(a)
Minimum lot area
4,045 m²
(b)
Minimum lot frontage
45.0 m
(c)
Maximum height
10.0 m
(d)
Maximum coverage
35%
(e)
Maximum open storage
0% of lot area
(f)
Minimum landscaped open space
10% of lot area
(g)
Minimum: front yard depth, rear yard depth, and
exterior side yard depth
8.0
(h)
Minimum side yard depth
3.0 m
(i)
Any yard adjacent to a residential zone
(minimum)
15.0 m
(j)
Maximum gross floor area of secondary retail
uses
10% of gross floor
area of main use
17B.3
Zone Variations
If a use and/or a regulation is not specified, the applicable list of permitted uses and or
regulations of Section 17B.1 and/or 17B.2 shall apply
Sections 4-20: Page 35
SECTION 17C - INDUSTRIAL COMMERCIAL (M6) ZONE (By-law 500EX-88)
17C.1
Uses Permitted
No person shall within the Industrial Commercial (M6) Zone, use any lot, erect, alter or
use any building or structure for any purpose except one or more of the following uses:
-
automotive uses
-
building or contractor supply stores
-
catering establishments
-
commercial recreational establishments
-
private clubs
-
financial institutions
-
restaurants
-
service trades
-
clinics
-
convenience stores
-
day care centres
-
dry cleaning and laundry depots
-
duplicating shops
-
hotels or motels
-
household furnishing stores
-
laboratories
-
offices, medical/dental
-
offices, business
-
offices, professional
-
offices, service
-
personal service establishments
-
parking garages, structures or lots
Sections 4-20: Page 36
17C.2
Zone Requirements
No person shall within the Industrial Commercial (M6) Zone use any lot, erect, alter or
use any building or structure except in accordance with the following or in accordance
with the applicable provisions Section 21 - Special Provisions.
(a)
Minimum lot area
4,045 m²
(b)
Minimum lot frontage
45.0 m
(c)
Maximum height
12.0 m
(d)
Maximum coverage
40%
(e)
Maximum open storage
0% of lot area
(f)
Minimum landscaped open space
10% of lot area
(g)
Minimum: front yard depth, rear yard depth, and
exterior side yard depth
8.0
(h)
Minimum interior side yard depth
3.0 m
(i)
Maximum gross floor area
The maximum size of any convenience
store or personal service establishment
shall not exceed 300 m².
Large single-purpose retail uses such as
household furnishing stores shall have a
minimum square area of 500 m².
17C.3
Zone Variations
If a use and/or a regulation is not specified, the applicable list of permitted uses and or
regulations of Section 17C.1 and/or 17C.2 shall apply
Sections 4-20: Page 37
SECTION 17D - INDUSTRIAL COMMERCIAL OFFICE (M6A) ZONE (By-law 500GA-91)
17D.1
Uses Permitted
No person shall within the Industrial Commercial Office (M6A) Zone, use any lot, erect,
alter or use any building or structure for any purpose except one or more of the
following uses:
-
financial institutions
-
laboratories
-
offices
-
offices, medical/dental
-
offices, professional
-
office service
-
data processing establishment
-
hotel up to 200 suites
As an accessory use:
-
golf course, restaurant
-
personal service establishment
17D.2
Zone Requirements
No person shall within the Industrial Commercial (M6) Zone use any lot, erect, alter or
use any building or structure except in accordance with the following or in accordance
with other applicable provisions of By-law 500A-74 when not in conflict with this
section:
(a)
Minimum lot area
6 hectares
(b)
Minimum lot frontage
650 m
(c)
Maximum height
12.0 m
(d)
Maximum coverage
30%
(e)
Setback from Regional Road
27 m
(f)
Landscaped open space
45% of the yard adjoining a Regional
Road
(g)
Landscaped open space
10% of the lot area excluding the
area of the yard adjoining a Regional
Road
(h)
Maximum number of buildings permitted on one
lot
9
(i)
Setbacks, all other yards
6 m
Sections 4-20: Page 38
(k)
For
the
purpose
of
calculating
a
yard
adjacent
to
Six and Eight Mile Creeks, the lot line abutting the creeks shall be 15
metres from the waters' edge or the top of bank whichever is greater as
determined by the Ministry of Natural Resources and the Niagara
Peninsula Conservation Authority.
17D.3
No building shall be erected or used until such time as:
(a)
water supply services
(b)
firefighting services
(c)
storm water management services
(d)
traffic and road facilities
(e)
sanitary sewage capacities
(f)
waste disposal facilities
are approved by the Corporation, the Regional Municipality of Niagara and the Ministry
of Transportation Ontario and said facilities are available to service the lands,
buildings, or structures
Sections 4-20: Page 39
SECTION 18 - OPEN SPACE (OS) ZONE
18.1
Uses Permitted
No person shall within the Open Space (OS) Zone, use any lot, erect, alter or use any
building or structure for any purpose except one or more of the following uses:
(a)
Open Space Uses
-
an aviary or arboretum
-
a conservation area including flood control and other hazard area uses
-
a dwelling unit or units permitted under the provisions of Section 3.9 of this
By-law
-
a bowling green or tennis court
-
a golf course or driving range as defined in Section 2.36 of this By-law
-
an outdoor skating rink
-
a clubhouse
-
a private park or zoo
-
a swimming area
-
a riding stable (providing the site is 10 acres or more in area)
18.2
Zone Requirements
No person shall within the Open Space (OS) Zone use any lot, erect, alter or use any
building or structure except in accordance with Schedule "F" - Zone Requirements
Table as applicable to the Open Space (OS) Zone or in accordance with the provisions
of any applicable paragraph of Section 21 - Special Provisions.
Sections 4-20: Page 40
SECTION 19 - INSTITUTIONAL (INST) ZONE
19.1
Uses Permitted
No person shall within the Institutional (INST) Zone, use any lot, erect, alter or use any
building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
-
a dwelling unit or units permitted under the provisions of Section 3.9 of this
By-law
-
an eating establishment where included within an industrial building
-
a parking lot
(b)
Open Space
-
a bowling green or tennis court
-
an outdoor skating rink
-
a private park or zoo including accessory buildings
-
a swimming area
(c)
Institutional Uses
-
a cemetery
-
a clubhouse
-
a church or other religious institution
-
a senior citizen's home, a hospital
-
a museum
-
a meeting hall
-
a school
-
a Public Use in accordance with the provisions of Section 3.21 of this By-law
-
a day care facility
19.2
Zone Requirements
No person shall within the Institutional (INST) Zone use any lot, erect, alter or use any
building or structure except in accordance with Schedule "F" - Zone Requirements
Table as applicable to the Institutional (INST) Zone or in accordance with the
provisions of any applicable paragraph of Section 21 - Special Provisions.
Sections 4-20: Page 41
SECTION 20 - POTENTIAL DEVELOPMENT (HOLDING) (PDH) ZONE
20.1
Uses Permitted
In the Potential Development (Holding) (PDH) Zone, as designated on the Schedules
to this By-law, the permitted uses within any lot shall be only those uses existing on
the date of the passing of this By-law, which uses shall not be extended by the
erection of further buildings or alteration of any existing building or structure except
one or more of the following uses:
(a)
Rural Uses
-
a farm, except a new farm dwelling, but not a Specialized Use as defined
under Section 2.32 of this By-law
-
a farm produce storage facility
-
a nursery or market garden
(b)
Residential Uses
-
a home occupation as defined in Section 2.41 of this By-law
-
an addition or alteration to a one-family dwelling (By-law 500 PE-01)
20.2
Zone Requirements
No person shall within the Potential Development (Holding) (PDH) Zone use any lot,
erect, alter or use any building or structure except in accordance with Schedule "F" -
Zone Requirements Table as applicable to this Zone.