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TOWNSHIP OF NIPIGON
ZONING BY-LAW
1823
November 7, 2017
TABLE OF CONTENTS
SECTION 1 ......................................................................................................................... 1
ADMINISTRATION .......................................................................................................... 1
1.1
TITLE ..................................................................................................................... 1
1.2
AREA AFFECTED BY THIS BY-LAW ................................................................. 1
1.3
BUILDING PERMITS ............................................................................................ 1
1.4
ENFORCEMENT.................................................................................................... 1
1.5
SEVERABILITY PROVISION ............................................................................... 1
1.6
REPEAL OF EXISTING BY-LAWS ....................................................................... 2
1.7
EFFECTIVE DATE................................................................................................. 2
1.8
USE OF LAND ....................................................................................................... 2
SECTION 2 ......................................................................................................................... 3
ESTABLISHMENT OF ZONES ........................................................................................ 3
2.1
ZONES ................................................................................................................... 3
2.2
ZONE SCHEDULE ................................................................................................. 3
2.3
SPECIAL ZONES ................................................................................................... 3
2.4
DETERMINING ZONE BOUNDARIES................................................................. 3
2.5
COMPLIANCE WITH ZONING BY-LAW ............................................................ 4
SECTION 3 ......................................................................................................................... 5
GENERAL PROVISIONS.................................................................................................. 5
3.1
APPLICATION ....................................................................................................... 5
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES ...................................... 5
3.2.1
Permitted Uses ............................................................................................................. 5
3.2.2
Yard and Setback Requirements.................................................................................... 5
3.2.3
Lot Coverage and Height .............................................................................................. 6
3.2.4
Permitted Encroachments ............................................................................................. 6
3.2.5
Boat Dock or Launching Ramp ..................................................................................... 8
3.2.6
Garages or Other Accessory Buildings or Structures...................................................... 8
3.2.7
Garden Suite................................................................................................................. 9
3.2.8
Gate House in Industrial Zone ....................................................................................... 9
3.2.9
Saunas and Gazebos ..................................................................................................... 9
3.2.10
Drive-Through Service Facilities ................................................................................ 9
3.3
ACCESS ON IMPROVED PUBLIC STREET ...................................................... 10
3.3.1
Improved Public Road .................................................................................................10
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE ............................. 10
3.5
GROUP HOMES AND CRISIS CENTRES........................................................... 11
3.6
HOME OCCUPATION ......................................................................................... 11
3.7
HOME INDUSTRY .............................................................................................. 11
3.8
LOADING SPACE REQUIREMENTS ................................................................. 12
3.8.1
Loading Space .............................................................................................................12
3.8.2
Loading Space Requirement Table ...............................................................................12
3.8.3
Access .........................................................................................................................12
3.8.4
Loading Space Surface ................................................................................................12
3.8.5
Location ......................................................................................................................12
3.8.6
Additions to or Change in Use of Existing Buildings ....................................................13
3.9
MINIMUM OPENING ELEVATION ................................................................... 13
3.10
MULTIPLE ZONES ON ONE LOT .................................................................... 13
3.11
NON-CONFORMING USES .............................................................................. 13
3.11.1
Continuation of Existing Uses ....................................................................................13
3.11.2
Permitted Exterior Extension, Alteration and Reconstruction ......................................13
3.11.3
Permitted Interior Alteration ......................................................................................13
3.11.4
Restoration To A Safe Condition ...............................................................................13
3.11.5
Building Permit Issued .............................................................................................14
3.12
NON-COMPLYING BUILDINGS STRUCTURES AND USES ......................... 14
3.12.1
Permitted Buildings or Structures...............................................................................14
3.12.2
Reconstruction Of Existing Building ..........................................................................15
3.12.3
Existing Undersized Lots of Record ...........................................................................15
3.13
NOXIOUS TRADE ............................................................................................. 15
3.14
NUMBER OF DWELLING UNITS ON A LOT .................................................. 15
3.15
PARKING AREA REGULATIONS .................................................................... 15
3.15.1
Parking Space Requirements ......................................................................................15
3.15.2
Parking Area Surface .................................................................................................15
3.15.3
Ingress and Egress Provisions ....................................................................................16
3.15.4
More Than One Use on a Lot .....................................................................................17
3.15.5
Parking Area Location on Lot ....................................................................................17
3.15.6
Additions To, or Changes In, The Use of Existing Buildings and Structures ...............17
3.15.7
Use of Parking Spaces and Areas ...............................................................................17
3.15.8
Parking in the Downtown Commercial Zone ..............................................................17
3.15.9
Queuing Lanes ..........................................................................................................18
3.16
PEAT EXTRACTION, PITS AND QUARRIES .................................................. 19
3.17
PLANTING STRIPS ........................................................................................... 19
3.17.1
Location ....................................................................................................................19
3.17.2
Contents ....................................................................................................................19
3.17.3
Driveways and Walkways ..........................................................................................19
3.17.4
Landscaped Open Space ............................................................................................20
3.18
PUBLIC USES .................................................................................................... 20
3.18.1
Public Services ..........................................................................................................20
3.18.2
Location Restrictions ................................................... Error! Bookmark not defined.
3.18.3
Provisions .................................................................................................................20
3.18.4
Streets and Service Installations .................................................................................20
3.19
REDUCTION OF REQUIREMENTS ................................................................. 20
3.20
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS
20
3.21
SERVICES REQUIRED ..................................................................................... 21
3.22
SIGHT TRIANGLES .......................................................................................... 21
3.23
SIGNS ................................................................................................................. 22
3.24
SPECIAL SETBACKS ........................................................................................ 22
3.24.1
Livestock Facilities ....................................................................................................22
3.24.2
Railways ...................................................................................................................22
3.24.3
Street Centre Lines ....................................................................................................22
3.24.4
Trans Canada Pipelines ..............................................................................................22
3.24.5
Waste Disposal Areas ................................................................................................22
3.24.6
Watercourses .............................................................................................................22
3.25
TEMPORARY USES PERMITTED ................................................................... 22
3.26
THROUGH LOTS .............................................................................................. 23
3.27
TRAVEL TRAILERS, MOBILE HOMES AND CAMPERS .............................. 23
SECTION 4 ....................................................................................................................... 24
RESIDENTIAL ZONE PROVISIONS ............................................................................ 24
4.1
RESIDENTIAL (R) ZONES .................................................................................. 24
4.1.1
General Prohibition .....................................................................................................24
4.2
PERMITTED USES .............................................................................................. 24
4.3
ZONE STANDARDS ............................................................................................ 25
4.4
EXCEPTIONS ...................................................................................................... 26
SECTION 5 ....................................................................................................................... 28
COMMERCIAL ZONE PROVISIONS ........................................................................... 28
5.1
GENERAL PROHIBITION ................................................................................... 28
5.2
PERMITTED USES .............................................................................................. 28
5.3
ZONE STANDARDS ............................................................................................ 31
5.4
EXCEPTIONS ...................................................................................................... 32
SECTION 6 ....................................................................................................................... 33
INDUSTRIAL ZONE PROVISIONS ............................................................................... 33
6.1
GENERAL PROHIBITION ................................................................................... 33
6.2
PERMITTED USES .............................................................................................. 33
6.3
ZONE STANDARDS ............................................................................................ 34
6.4
EXCEPTIONS ...................................................................................................... 35
SECTION 7 ....................................................................................................................... 36
INSTITUTIONAL ZONE PROVISIONS ........................................................................ 36
7.1
GENERAL PROHIBITION ................................................................................... 36
7.2
PERMITTED USES .............................................................................................. 36
7.3
ZONE STANDARDS ............................................................................................ 37
7.4
EXCEPTIONS ...................................................................................................... 37
SECTION 8 ....................................................................................................................... 38
RURAL, ENVIRONMENTAL PROTECTION AND OPEN SPACE ZONE
PROVISIONS ................................................................................................................... 38
8.1
GENERAL PROHIBITION ................................................................................... 38
8.2
PERMITTED USES .............................................................................................. 38
8.3
ZONE STANDARDS ............................................................................................ 39
8.4
EXCEPTIONS ...................................................................................................... 39
SECTION 9 ....................................................................................................................... 42
HOLDING PROVISIONS AND TEMPORARY USES .................................................. 42
9.1
HOLDING PROVISIONS .................................................................................... 42
9.2
TEMPORARY USES ............................................................................................ 43
SECTION 10 ..................................................................................................................... 44
DEFINITIONS .................................................................................................................. 44
SECTION 11 ..................................................................................................................... 73
ENACTMENT .................................................................................................................. 73
11.1
FORCE AND EFFECT ....................................................................................... 73
11.2
READINGS BY COUNCIL ................................................................................ 73
10.3
CERTIFICATION ............................................................................................... 73
Township of Nipigon Zoning By-law
1
November 7, 2017
SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Township of Nipigon."
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands, islands and lands under water within the Township of
Nipigon.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is issued for the
erection, additions to or alteration of any building or structure.
1.4
ENFORCEMENT
Any person convicted of a violation of this By-law is liable on first conviction to a fine of
not more than $25,000 and on a subsequent conviction to a fine of not more than $10,000
for each day or part thereof upon which the contravention has continued after the day on
which the person was first convicted in accordance with The Planning Act.
Any Corporation convicted of violation of this By-law is liable on first conviction to a
fine of not more than $50,000 and on a subsequent conviction to a fine of not more than
$25,000 for each day or part thereof upon which the contravention has continued after the
day on which the person was first convicted in accordance with The Planning Act.
In case any buildings or structures or any part thereof is to be erected, altered,
reconstructed or extended, or any lot is being used or is to be used, in contravention of
any requirement of this By-law, such contravention may be restrained by action at the
instance of any rate-payer or of the Municipality pursuant to the provisions of The
Planning Act, 1993 and/or the Municipal Act 1993 and/or any other legislation applicable.
1.5
SEVERABILITY PROVISION
A decision of a Court that one or more of the provisions of this By-law are invalid in
whole or in part does not affect the validity, effectiveness, or enforceability of the other
provisions or parts of the provisions of this By-law.
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1.6
REPEAL OF EXISTING BY-LAWS
Upon this By-law coming into force and effect, By-law No. 1139 of the Township of
Nipigon and all amendments thereto are hereby repealed.
1.7
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there are no appeals
filed or where appeals are filed, where all of the appeals are finally disposed of by the
Ontario Municipal Board.
1.8
USE OF LAND
No lands within the area covered by this By-law shall be used for any purpose unless as
otherwise permitted by this By-law.
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SECTION 2
ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following Zones are established and they may be
referred to by the name or by the symbol set opposite the name of the zone below:
R1
-
Residential Type One
R2
-
Residential Type Two
RR
-
Rural Residential
SR
-
Shoreline Residential
C1
-
Downtown Commercial
C2
-
General Commercial
C3
-
Local Commercial
CH
-
Highway Commercial
CW
-
Waterfront Commercial
M1
-
Light Industrial
M2
-
Heavy Industrial
M3
-
Extractive Industrial
M4
-
Waste Disposal Industrial
I
-
Institutional
RU
-
Rural
OS
-
Open Space
EP
-
Environmental Protection
HZ
-
Hazard
2.2
ZONE SCHEDULE
The Zones and zone boundaries are shown on the attached Schedule 'A', which forms
part of this By-law. Schedule 'A' is comprised of a series of Maps.
2.3
SPECIAL ZONES
Where a Zone Symbol is followed by a dash and a number, (for example RM-1) there are
special provisions that apply to the Zone. These special provisions are contained in the
section of the by-law that applies to the primary zone.
2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane is considered
to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centre line of a street or lane is
considered to be the centre line of the street or lane.
iii)
Unless the location of a zone boundary is specified by dimensions on the zoning
map, a zone boundary which lies within a lot shall be fixed by the scale of the
Schedule upon which it is shown.
Township of Nipigon Zoning By-law
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November 7, 2017
iv)
A zone boundary shown following approximately a shoreline or the centre line
of a creek, stream or channel is considered to be the shoreline or centre line and
moves with any natural change in the shoreline.
v)
Where lands have not been identified as being in a zone on the Schedules, they
shall be deemed to be in the Open Space (OS) Zone.
vi)
All lands below the surface of a waterbody or watercourse as of the date this By-
law came into effect shall be deemed to be in the Open Space (OS) Zone.
2.5
COMPLIANCE WITH ZONING BY-LAW
No person shall change the use of any building, structure or land or erect or use any
building or structure or occupy any land or building except in accordance with the
provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the Township
of Nipigon.
In addition no person shall use any land or locate any building or structure such that the
uses, buildings or structures on other lands would no longer comply with the provisions
of this By-law.
Township of Nipigon Zoning By-law
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November 7, 2017
SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands within the Township
of Nipigon unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure may be
erected or used for a purpose, that purpose shall include any accessory building or
structure or accessory use, provided the principle building, structure or use is already in
existence on the lot, but shall not include the following:
i)
any occupation for gain or profit conducted within or accessory to a dwelling
unit or on such lot associated therewith, except as is specifically permitted in
accordance with this By-law; or
ii)
any building used for human habitation except in accordance with this By-law,
as is specifically permitted.
Legal non-conforming uses shall be permitted to have accessory uses, buildings and
structures in accordance with the provisions in this Section of the By-law and the
Provisions of the applicable zone.
Where permitted by this By-law, a barn shall be considered as a principal building.
3.2.2
Yard and Setback Requirements
Except as otherwise provided herein, in all Zones any accessory building or structure,
which is detached from the principle building, shall be erected in compliance with the
yard and setback requirements of the Zone in which such building is located, but shall not
be closer to the front lot line or exterior side lot line than the principle building on the lot
except;
1. Where the lot abuts a waterway buildings and structures are permitted in accordance
with Section 3.2.2, and;
2. In the Rural Zone accessory buildings are permitted in the front yard where the
buildings comply with the required front yard for principal buildings.
Township of Nipigon Zoning By-law
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November 7, 2017
3.2.3
Lot Coverage and Height
Accessory buildings, structures and uses are permitted in all zones subject to the following
provisions:
1. The principal building or structure must already be established on the same lot with
the exception of docks, which may be permitted on a vacant waterfront lot.
2. No detached accessory building or accessory structure may be used for human
habitation or an occupation for gain, unless specifically permitted by this By-law.
3. The total lot coverage of all accessory buildings and structures on an individual lot
may not exceed 12 percent of the lot area unless specifically permitted by this By-
law.
4. Within a Commercial or Industrial Zone, the total lot coverage of all accessory
buildings or structures shall not exceed 15 percent of the lot area and accessory
buildings shall have a minimum size of 25 square metres.
5. The maximum height of an accessory building shall not exceed 5.0 metres except in
the Rural (RU) or Rural Residential (RR) Zone accessory buildings may be 9.0 metres
in height.
6. No object such as a trailer, storage container or ship container shall be used as an
accessory building or structure.
3.2.4
Permitted Encroachments
Accessory buildings and structures and ornamental features for main buildings and
structures may only encroach into the required yard in a zone as outlined in Table 3.1.
Where a required yard, structure or feature is not referred to on Table 3.1, the minimum
required yard in the applicable zone shall be provided.
For the purposes of this section, where the exterior side lot line of a lot abuts a public lane,
the side yard abutting that lot line shall be deemed an interior side yard for the purposes
of determining compliance with this Section.
Table 3.1
Permitted Structure or
Feature
Applicable Required
Yard(s)
Required Setback or
Permitted Encroachment
STRUCTURAL AND ORNAMENTAL FEATURES:
Bay windows
Front, Rear and Corner Side
Yards
May encroach 0.6 m into the
required yard or required for
a maximum width of 3.0 m.
Canopies/Porticos
All yards
May encroach 1.2 m into the
required front, rear and
exterior side yards.
May encroach 0.6 m into the
required interior side yard.
Township of Nipigon Zoning By-law
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November 7, 2017
Permitted Structure or
Feature
Applicable Required
Yard(s)
Required Setback or
Permitted Encroachment
Balconies/Fire Escapes
Front, Rear and Corner Side
Yards only in Residential Zones
All yards in all other zones
May encroach 1.5 m into the
required yard
Balconies may encroach 2.5
m into the required front and
rear yards
May encroach 0.6 m into the
lesser side yard
Steps in Residential (R) Zones
providing access to either a
basement or the ground floor of a
dwelling
All yards
May encroach but not closer
than 0.6 m to an abutting lot
line.
Uncovered Decks
(0.3 to 1.2 m in height above
finished grade)
Interior, Front and Exterior Side
Yards
May encroach 2.5 m into the
required yard but no closer
than 1.2 m to the interior side
lot line. The setback shall not
apply where a side lot line
extends from a common wall
dividing attached dwelling
units.
Rear Yard
No closer than 1.2 m to the
rear lot line.
Uncovered Decks
(greater than 1.2 m in height
above finished grade)
Interior Side Yard
May encroach 2.5 m into the
required yard but no closer
than 1.2 m to the interior side
lot line. The setback shall not
apply where a side lot line
extends from a common wall
dividing attached dwelling
units.
Front and Exterior Side Yard
No encroachment.
Rear Yard
May encroach 3.6 m into the
required rear yard but not
closer than 3.0 m to the rear
lot line.
Open roofed porches
Front, Rear and Exterior Side
Yards
May encroach 2.4 m into the
required yard.
Sills, cornices, parapets,
pilasters, or other similar
ornamental structures
Any yard
May encroach 0.6 m into the
required.
Eaves, Soffits and/or Footings
Front, Rear and Exterior Side
Yards
May encroach 1.2 m into the
required yard but not closer
than 0.6 m to the lot line.
Interior Side Yard
May encroach 0.6 m into the
required yard but not closer
than 0.6 m to the lot line.
Chimneys
Any yard
May encroach 0.6 m into the
required yard.
Township of Nipigon Zoning By-law
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November 7, 2017
Permitted Structure or
Feature
Applicable Required
Yard(s)
Required Setback or
Permitted Encroachment
Functional and ornamental
roofless structures including but
not limited to drop awnings,
clothes poles, flag poles, lighting
fixtures, mail boxes, fountains,
statues, monuments, benches,
cenotaphs, memorials, planters,
garden trellises, patios,
walkways, retaining walls less
than 1.0 m in height, fences or
other similar accessory structures
Any required yard.
Permitted
Fences
Any required yard
Permitted
Ramps and Accessible Accesses
Any required yard
Permitted
3.2.5
Boat Dock or Launching Ramp
Notwithstanding the yard provisions of this By-law to the contrary, a boat launching ramp
or a dock may be erected and used in any yard, or appertaining to a lot abutting or adjacent
to a navigable waterway, except where specifically prohibited in the abutting Zone
provided such ancillary structure is located no closer than 3 metres to the side lot line or
a straight line projection of the side lot line where it meets the front lot line at the water.
Unless specifically identified as a principle use, docks are only permitted as an accessory
structure.
3.2.6
Garages or Other Accessory Buildings or Structures
Notwithstanding the yard and setback provisions of this By-law to the contrary, a detached
private garage or other accessory building or structure may be erected and used in an
interior side or rear yard, provided that the following requirements are met.
i)
Interior Side Yard
Where such accessory building or structure is located in an interior side yard, it
shall not be closer than 1.0 metre to the interior side lot line.
ii)
Rear Yard
Where such accessory building or structure is located in a rear yard, it shall not
be closer than 1.5 metres to the rear lot line. However, in the case of a RS Zone,
accessory buildings shall not be closer than 30 metres to the rear lot line, except
as may otherwise be permitted under this By-law
iii)
Distance from Main Building
Where such accessory building or structure is located in a side or rear yard, it
shall not be closer than 2 metres from the main building.
iv)
Attached Private Garages with Porch
Township of Nipigon Zoning By-law
9
November 7, 2017
Where the building has a covered porch, the private garage may extend 3.0
metres beyond the main building façade.
v)
Attached Private Garages
Where the building does not have a covered porch, the private garage may extend
1.5 metres beyond the main building façade. For the purposes of this By-law,
buildings covered with cloth, plastic or similar flexible materials shall be
required to meet the same requirements as permanent buildings and structures
3.2.7
Garden Suite
Garden suites may be permitted as a temporary use in all Residential Zones provided that:
i)
the primary residential use is occupied by the owner;
ii)
the lot has sufficient sewage and water services to accommodate the unit;
iii)
the unit does not exceed 40 square metres; and,
iv)
there is an agreement between the owner and municipality that provides for the
removal of the building when it is no longer required.
3.2.8
Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law, to the contrary, in an
Industrial Zone, a gate house not exceeding 9.0 square metres shall be permitted in a
required front or side yard or in the area between the street line and the required yard.
3.2.9
Saunas and Gazebos
Notwithstanding the yard and setback requirements of this By-law to the contrary, a
gazebo or a sauna may be permitted in a yard of a lot adjacent to a waterbody provided
that:
i)
the maximum area is 14.0 square metres;
ii)
it is setback at least 4.0 metres from the normal average or maintained high water
mark;
iii)
it is setback at least 2.0 metres from any side lot line; and,
iv)
the height shall not exceed 3.2 metres.
3.2.10
Drive-Through Service Facilities
A drive-through service facility shall be permitted as an accessory use to a permitted
restaurant, financial institution, retail store, automotive service station, gas bar and
automated car wash use, subject to:
i)
The number of drive-through service facilities accessory to restaurants, financial
institutions, retail stores and automated car washes located on a lot shall not
exceed a total of two. Drive-through service facilities accessory to gas bars or
Township of Nipigon Zoning By-law
10
November 7, 2017
service stations shall not be included in the calculation of the maximum number
of drive-through service facilities permitted on a lot.
ii)
The requirements of Section 3.15.8 of this By-law shall be satisfied.
3.3
ACCESS ON IMPROVED PUBLIC STREET
3.3.1
Improved Public Road
No person shall erect any building or structure in any Zone after the date of passing of
this By-law, unless the lot upon which such building or structure is to be erected has
frontage upon an improved public road, and such building or structure complies with the
setback provisions of this By-law.
The above provisions shall not apply to prevent the erection of a permitted building or
structure on a lot in a registered Plan of Subdivision where a properly executed
Subdivision Agreement has been entered into with the Township, notwithstanding that
the street or streets will not be assumed by the Township until the end of the maintenance
period, nor shall it apply to prevent the enlargement, extension, renovation, reconstruction
or other structural alteration of an existing building or structure, which is located on a lot
which does not have frontage upon an improved public road, provided the use of such
building or structure does not change and is permissible within the Zone in which it is
located.
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law to the contrary, where a dwelling is
to be erected in a Residential Zone, between existing dwellings on the same street or
shoreline, such dwelling may be built with a front yard and setback equal to the average
yard of the adjacent dwellings on the same side of the street within 30 metres of the lot.
Township of Nipigon Zoning By-law
11
November 7, 2017
3.5
GROUP HOMES AND CRISIS CENTRES
No Group Home or Crisis Centre shall be located within 200 metres of another Group
Home or Crisis Centre.
3.6
HOME OCCUPATION
Where a home occupation is permitted the following provisions shall apply:
i)
No person, other than a person living on the premises, shall be engaged in the
occupation of the canvassing, delivering or distributing merchandise to
customers. However, there may be one assistant who is not a resident in the
dwelling at any time.
ii)
There shall be no display, other than a non-illuminated sign having a maximum
surface area of 0.5 square metres, and located inside the dwelling to indicate to
persons outside that any part of the dwelling or dwelling unit is being used for a
purpose other than residential.
iii)
There shall be no goods, wares, or merchandise offered for sale or rent on the
premises other than what is produced on the premises.
iv)
There shall be no outside storage of goods, materials, containers or animal
enclosures used in conjunction with the home occupation.
v)
Not more than 25 percent of the gross floor area not including the basement of
the dwelling or dwelling unit shall be used for the purposes of the home
occupation, and such home occupation shall be conducted entirely within the
detached dwelling or dwelling unit.
vi)
There shall be no mechanical or other equipment used except that which is
customarily used in a dwelling or dwelling unit for domestic or household
purposes or for use by a hairdresser or barber, dentist, drugless practitioner,
physician, or other professional person.
vii)
A home occupation shall not include a boarding or lodging house, an eating
establishment, or a facility offering accommodation or meals other than a Bed
and Breakfast establishment.
viii)
A home occupation shall be secondary to the principle residence and shall not
change the residential character of the lot.
ix)
One home occupation only shall be permitted in conjunction with a single
detached dwelling.
3.7
HOME INDUSTRY
Where a home industry is permitted as an accessory use to a single detached dwelling in
any zone the following provisions shall apply:
i)
A maximum of two (2) persons other than an occupant of the dwelling may be
engaged in the home industry at any time.
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ii)
Such home industry may be located in part of a dwelling or in any accessory
building located on a lot on which a dwelling is in existence, provided the total
gross floor area utilized by the home industry does not exceed a maximum of
100 square metres.
iii)
There shall be no display, other than a non-illuminated sign having a maximum
surface area of 1.0 square metres, to indicate to persons that any part of the
dwelling or dwelling unit is being used for a purpose other than residential.
iv)
There shall be no outside storage of goods, materials or articles associated with
the home industry.
v)
Only currently licensed motor vehicles, associated with the home industry may
be parked or stored on the lot within an interior side or rear yard.
3.8
LOADING SPACE REQUIREMENTS
3.8.1
Loading Space
Loading spaces are required under this By-law, in accordance with the Loading Space
Requirement Table set forth herein, and the owner of every building or structure erected
for any purpose involving the receiving, shipping, loading or unloading of persons,
animals, goods, wares, merchandise or raw materials shall provide and maintain loading
and unloading spaces on the lot accordingly. For the purposes of this By-law, each
loading or unloading space shall be 15 metres in length, 3.5 metres in width and have a
vertical clearance of at least 4 .3 metres.
3.8.2
Loading Space Requirement Table
Gross Floor Area of Building
Loading Spaces Required
Less than 300 square metres
None
300 square metres to 2300 square metres
or less
1 space
Exceeding 2300 square metres
2 spaces
3.8.3
Access
Access to loading spaces shall be by means of a driveway of at least 3.5 metres in width
contained on the lot on which the spaces are located and leading to an improved public
road.
3.8.4
Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be maintained with
a stable surface that is treated to prevent the raising of dust. Such loading facilities shall,
before being used, be surfaced with asphalt, concrete or brick and shall include provisions
for drainage facilities. In Industrial Zones, a crushed stone or gravel surface shall be
permitted except where such a use is abutting a Residential Zone or in a front yard.
3.8.5
Location
The loading spaces required shall be located in the interior side or rear yard unless such
space or spaces are removed from the street line a minimum distance of 15 metres.
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3.8.6
Additions to or Change in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long as the gross floor area, as it existed
at such date, is not increased by more than 300 square metres. If an addition is made to
the building or structure that increases the gross floor area, then additional loading spaces
shall be provided as required by this Section, in accordance with the provisions of the
loading Space Requirement Table for such addition.
3.9
MINIMUM OPENING ELEVATION
No habitable building located adjacent to Lake Superior or the Nipigon River shall have
any building opening below the following elevations:
Lake Superior/Nipigon River
184.1 metres GSC
3.10
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one Zone under the provisions of this By-law, each
such portion of this said lot shall be used in accordance with the Zone provisions of this
By-law for the applicable Zone as if it were a separate lot.
3.11
NON-CONFORMING USES
3.11.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such existing lot,
building or structure was lawfully used for such purposes, prior to the effective date of
this By-law and provided that the lot, building or structure continues to be used for that
purpose. Where the use ceases to exist for a period of one year, the use will be deemed
to have been discontinued.
3.11.2
Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior to the effective
date of this By-law for a purpose not permissible within the Zone in which it is located,
prior to the effective date of this By-law, shall not be enlarged, extended more than 0.2
metres, reconstructed or otherwise structurally altered, unless such building or structure
is thereafter to be used for a purpose permitted within such Zone.
3.11.3
Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose not
permissible within the Zone in which it is located prior to the effective date of this By-
law, may be reconstructed or structurally altered, in order to render the same more
convenient for the existing purpose for which such building or structure was lawfully
used.
3.11.4
Restoration To A Safe Condition
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Nothing in this By-law shall prevent the strengthening or restoration to a safe condition
of any existing, legal non-conforming building or structure or part thereof, provided that
the strengthening or restoration does not increase the building height, size or volume or
change the existing, lawful use of such existing building or structure unless these changes
are necessary to provide for floodproofing of the building.
3.11.5
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a purpose
prohibited by this By-law, of any building or structure, the plans for which have, prior to
the date of passing of this By-law, been approved by the Chief Building Official, so long
as the building or structure, when erected, is used and continues to be used for the purpose
for which it was erected.
3.12
NON-COMPLYING BUILDINGS STRUCTURES AND USES
3.12.1
Permitted Buildings or Structures
Where a building or structure is located on a lot having less than the minimum frontage
and/or lot area, and/or having less than the minimum setback and/or side yard and/or rear
yard required by this By-law, the said building or structure may be enlarged,
reconstructed, repaired and/or renovated provided that:
i)
the enlargement, reconstruction, repair and/or renovation does not further reduce
a front yard, and/or side yard and/or rear yard and/or lot coverage less than the
minimum required by this By-law;
ii)
the building or structure is being used for a purpose permissible within the Zone
in which it is located; and,
iii)
all other applicable Zone Provisions of this By-law are complied with.
iv)
any building or structure that legally existed as of the date of passing of this By-
law that encroached on any required yard or setback a distance of 0.1 m or less
or exceeds maximum lot coverage by 1.0 per cent or less shall be deemed to
comply with the requirements of this By-law.
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3.12.2
Reconstruction Of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any permitted building
which is accidentally damaged or destroyed by causes beyond the control of the owner.
Such permitted building may be reconstructed in accordance with the previously existing
standards, even if such did not conform with one or more of the provisions of this By-law,
but the non-compliance may not be further increased provided that the reconstruction
occurs within 12 months of the damage being done.
3.12.3
Existing Undersized Lots of Record
Where a lot, having a lesser lot area and/or lot frontage than required herein, existed on
the date of passing of this By-law, or where such a lot is created by a public authority such
smaller lot may be used and a permitted building or structure, may be erected, altered
and/or used on such smaller lot provided that all other applicable Zone Provisions of this
By-law are complied with.
Lots which have been increased in size following passing of this By-law may also be used
in accordance with this provision.
3.13
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no use shall be
permitted which, from its nature or the materials used therein, is defined as a noxious
trade, business or manufacture under The Health Protection and Promotion Act, as
amended, and the Regulations promulgated thereunder.
3.14
NUMBER OF DWELLING UNITS ON A LOT
Unless otherwise permitted in this By-law, no more than one dwelling unit shall be
permitted on any lot.
3.15
PARKING AREA REGULATIONS
3.15.1
Parking Space Requirements
The owner of land or of every building or structure erected or used for any of the purposes
hereinafter set forth shall provide and maintain parking spaces for the sole use of the
owner, occupant, or other persons entering upon or making use of the said premises, from
time to time.
Parking spaces are required under this By-law, in accordance with the Parking Space
Requirement Table. Where the calculation of required spaces exceeds a whole space of
more than .25, the required spaces shall be the next whole number.
3.15.2
Parking Area Surface
Non-Residential parking spaces, or multiple unit residential parking areas and driveways
connecting the parking spaces or area with a street shall be maintained with a stable
surface that is treated so as to prevent the raising of dust. Such parking spaces or areas
shall, before being used, be constructed of asphalt or concrete or similar material and shall
include provisions for drainage facilities. Parking spaces for more than four vehicles shall
be maintained with a concrete, asphalt or brick.
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Single Residential unit parking can include crushed stone or gravel.
3.15.3
Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and areas shall be
provided by means of unobstructed driveways or passageways of at least 3
metres in width but not more than 9 metres in perpendicular width.
ii)
The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 9 metres.
iii)
The minimum distance between any two driveways on one lot or between a
driveway and an intersection of street lines measured along the street line
intersected by such driveway shall be 7.5 metres.
iv)
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
v)
Every lot shall be limited to the following number of driveways, namely:
(a)
up to the first 15 metres of lot frontage, not more than one driveway;
(b)
greater than 15 metres of lot frontage but not more than 30 metres of
frontage, not more than two driveways with a combined width not
exceeding 30 percent of the lot frontage; and,
(c)
for each additional 30 metres of lot frontage, not more than one
additional driveway.
vi)
Parking spaces shall have a minimum width of 3.0 metres and have a
minimum area of 18.5 square metres. The length of any parking space and the
width of the adjacent aisle shall be in accordance with the following:
Angle of Parking Space
Perpendicular with aisle
Minimum Length of
parking space
Minimum width of aisle
60 degrees to 90 degrees
6.2 metres
6.9 metres
45 degrees to 59 degrees
6.2 metres
5.2 metres
30 degrees to 44 degrees
6.2 metres
3.7 metres
0 degrees to 29 degrees
6.2 metres
3.0 metres
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3.15.4
More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the parking space
requirement for the whole building shall be the sum of the requirements for the separate
parts of the building occupied by the separate types of use.
3.15.5
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered
surface parking areas shall be permitted in the required yards or in the area between the
street line and the required setback except that, where a Commercial Zone abuts a
Residential Zone, parking shall not be located in the required yard between the two zones.
Within a Residential Type One and Residential Type Two Zone, in the front yard or
exterior side yard, the maximum width of a driveway or parking area shall be 7.0 metres.
3.15.6
Additions To, or Changes In, The Use of Existing Buildings and Structures
The parking space requirements referred to herein shall not apply to any building or
structure lawfully in existence on the date of passage of this By-law, so long as the gross
floor area is not increased and the use or number of dwelling units does not change. If
any addition is made to a building or structure that increases its gross floor area, then
parking spaces for the addition shall be provided as required by the Parking Space
Requirement Table. Where a change in use occurs, parking spaces shall be provided for
such new use in accordance with the requirements of the Parking Space Requirement
Table.
3.15.7
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be used for the
parking of operative, currently licensed vehicles only and for vehicles used in an operation
incidental to the permitted uses in respect of which such parking spaces and areas are
required or permitted.
Notwithstanding the foregoing, the owner or occupant of any lot, building or structure in
the Residential Type One or Residential Type Two Zone may use the lot building or
structure for the parking, storing or housing of one commercial motor vehicle or trailer
provided that such vehicle does not exceed a 1000 kg capacity.
Commercial motor vehicles used in conjunction with a farm and one commercial truck or
school bus are permitted in a Rural Zone provided that such vehicle must be parked in the
side or rear yard unless it is parked indoors.
3.15.8
Parking in the Downtown Commercial Zone
Within the Downtown Commercial Zone shown on Schedule A, the required parking
spaces may be provided on another lot within 200 metres of the boundary of the lot for
which parking is required provided that there is a legal agreement between the owners of
said lands providing the parking, the owner of the use requiring the parking and the
Township of Nipigon that ensures that the parking will continue to be available as long as
the use is in operation.
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Within the Downtown Commercial (CD) Zone parking spaces shall only be required for
commercial uses where those uses exceed 900 square metres in gross leaseable area.
PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Assembly
Hall,
Auditorium,
Arena,
Community Centre, Place of Worship, Private
Club, Theater,
Farmers Market, Eating
Establishment or Tavern or establishment
licensed under the Liquor License Act or other
similar places of assembly not otherwise
specified herein.
1 parking space for each eight seats
provided for patrons and 1 space for every
20 m2 of gross floor area
Eating Establishment, Drive-In
1 parking space for each 5 square metres
Home for the Aged, Nursing Home, Seniors
Apartments
1 parking space for each four beds or
fraction thereof plus one space per two staff
persons
Hotel, Motel, Resort, Cottage or Cabin
Establishment,
Tourist
Establishment
or
Camping Establishment
1.25 spaces for each guest room, cottage,
cabin or camp site plus one space for each
20 sq. m. of commercial eating or
entertainment area
Retail Store
1/20 m2 net floor area
Schools
1 parking space for each 55 m2 of gross floor
area
Residential
1 parking space per dwelling unit.
Group Homes and Special Needs Housing
1 per required caregiver
Lots with four (4) or more dwelling units
1.25 spaces per dwelling unit
3.15.9
Queuing Lanes
a)
Queuing Lane Requirements
Where drive-through service facilities are permitted in Section 3.2.11 as an
accessory use, queuing lanes are require and shall be exclusive of any other
parking space and aisle requirements contained within this By-law and shall be
provided in accordance with the provisions of this Part.
b)
Queuing Space Requirements
The minimum queuing space requirements within a designated queuing lane
shall be in accordance with the standards set out in the Table below:
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PRINCIPLE USE
MINIMUM REQUIRED
QUEUING SPACES
Financial Institution
5
Restaurant
11
Automotive Service Station or Gas Bar
4
Car Wash - Automated
11
All Other Uses
4
3.16
PEAT EXTRACTION, PITS AND QUARRIES
The extraction of peat, establishment or operation of pits or quarries is prohibited within
the area covered by this By-law, except in the locations permitted by this By-law, and in
accordance with the provisions of this By-law. No person shall use land or erect any
building or structure for the purpose of processing, washing, screening, sorting or crushing
rock, sand and/or gravel and or peat except as expressly provided for in this By-law.
3.17
PLANTING STRIPS
3.17.1
Location
Where a lot in an Institutional, Commercial or Industrial Zone abuts an interior side or
rear lot line of a lot in a Residential Zone, a planting strip adjoining such abutting lot line,
or portion thereof, shall be provided on the lands within Institutional, Commercial, or
Industrial Zone and shall have a minimum width of 3 metres.
3.17.2
Contents
Such required planting strip shall be used for no other purposes than planting a continuous,
unpierced hedgerow of trees, evergreens or shrubs, or solid fencing not less than 1.5
metres high, immediately adjacent to the lot line, or portion thereof, where such planting
strip is required. The remainder of the planting strip shall be used for no other purpose
than the planting of ornamental shrubs, flowering shrubs, flower beds, grass or a
combination thereof.
3.17.3
Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or walkways extend
through a required planting strip, it shall be permissible to interrupt the planting strip
within 3 metres of the edge of such driveway or within 1.5 metres of the edge of such
walkway.
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3.17.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a part of any
landscaped open space required by this By-law but shall not form part of a required yard.
3.18
PUBLIC USES
3.18.1
Public Services
Except as provided in paragraph 3.18.2. hereof, the provisions of this By-law shall not
apply to prohibit the use of any lot or the erection or use of any building or structure for
the purposes of public uses provided by the Township, or any Public Authority including
any Department or Ministry of the Government of Canada or Ontario or any Conservation
Authority established by the Government of Ontario and, for the purposes of this Section,
shall include Ontario Hydro, any telephone, cell, internet or cable TV company and any
natural gas distribution system operated by a Company distributing gas to the residents of
the Township, which company possesses all the necessary powers, rights, licenses and
franchises.
3.18.2
Provisions
i)
No goods, materials or equipment shall be stored outside the building or structure
located on the lot, except as may otherwise be permitted under this By-law;
ii)
The Zone provisions of the Zone in which the use is located shall be complied
with except as otherwise provided in this By-law;
iii)
No building or structure erected in accordance with the provisions of this Section
shall be used for the purposes of an office or maintenance or works depot; and,
iv)
The building or structure shall be designed and maintained in general harmony
with the uses permitted within the respective Zone.
3.18.3
Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or highway, or
prevent the installation of a watermain, sanitary sewer, storm sewer, gas main, pipeline,
overhead or underground hydro, communication line or high voltage electrical facilities
owned, operated and maintained by Ontario Hydro or the Public Utilities Commission.
3.19
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or structure is used or
erect any building, or structure, or addition to any existing building or structure, or reduce
the area of any lot, if the effect of such action is to cause the original adjoining, remaining
or new building, structure or lot to be in contravention with this By-law.
3.20
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS
Notwithstanding any other provision of this By-law, to the contrary, no dwelling unit shall
be located within a portion of a non-residential building which has gasoline or other
flammable fluids or hazardous materials stored in bulk for commercial purposes or in
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conjunction therewith, and without limiting the generality of the foregoing, a dwelling
unit shall not be permitted within a building used for a motor vehicle service station, a
motor vehicle repair garage, a motor vehicle body shop or a marine service shop.
3.21
SERVICES REQUIRED
No person shall erect or use a building or structure for a residential use on any lands except
for lands in the Residential Type One (R1), Residential Type Two (R2) or Residential
Multiple (RM) Zone unless municipal sewage disposal and water supply services are
available to the lot.
3.22
SIGHT TRIANGLES
On a corner lot fronting on two Township roads, within the triangular space formed by
the street lines and a line drawn from a point in one street line to a point in the other street
line, each such point being 10 metres measured along the street line from the point of
intersection of the street lines, no motor vehicle, as defined in The Highway Traffic Act,
shall be parked, no building or structure which would obstruct the vision of drivers of
motor vehicles shall be erected, and no land shall be used for the purposes of growing
shrubs or trees in excess of 0.9 metres in height. Such triangular space may hereinafter
be referred to as a "sight triangle". Where the two street lines do not intersect at a point,
the point of intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street lines.
Where the lands are located in the Downtown Commercial (CD) zone or abut roadways
where the posted speed limit is 40 KMPH or less, the site triangle may be reduced to 6.0
metres.
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3.23
SIGNS
Unless otherwise specified, the provisions of this By-law shall not apply to prevent the
erection, alteration or use of any sign provided such sign complies with the By-laws of
the Township.
3.24
SPECIAL SETBACKS
3.24.1
Livestock Facilities
Notwithstanding any other yard or setback provisions in this By-law to the contrary, no
residential, institutional, commercial, industrial or recreational use, located on a separate
lot and otherwise permitted by this By-law shall be erected or altered unless it complies
with the Minimum Distance Separation (MDS I) calculated using Schedule B to this By-
law.
MDS I formula shall not apply to exiting lots of record as of the date of passing of this
By-law.
Notwithstanding any other yard or setback provision in this By-law to the contrary, no
livestock facility shall be erected or expanded unless it complies with the Minimum
Separation Distance (MDS II) calculated using Schedule C to this By-law.
3.24.2
Railways
No building or structure used for human habitation shall be located closer than 30 metres
to the limit of a railway right of way to the main line of the CPR Railway.
3.24.3
Street Centre Lines
Where a lot abuts a road allowance less than 20 metres in width, the minimum setback
from the street line shall be 10 metres from the centre line of the street plus the required
front yard or exterior side yard within the zone.
3.24.4
Trans Canada Pipelines
No permanent building or structure shall be located within 7 metres of the Trans Canada
Pipeline right of way.
3.24.5
Waste Disposal Areas
No new habitable building or structure utilizing a private well and septic system shall be
located closer than 500 metres to any land zoned Waste Disposal Industrial (M4).
3.24.6
Watercourses
Unless otherwise permitted by this By-law, no building or a leaching bed for a sewage
system shall be located within 30 metres of the normal or controlled high water mark of
any watercourse or lake. Unless otherwise approved under the Building Code Act.
3.25
TEMPORARY USES PERMITTED
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A tool shed or construction trailer having a maximum area of 20 sq m, scaffold or other
building or structure incidental to construction is permitted in all Zones within the
Township on the lot or in the case of a dock, appurtenant to where it is situated but only
for so long as it is necessary for the work in progress and until the work is completed or
abandoned. For the purpose of this Section, abandoned shall mean the discontinuation of
work for more than 30 consecutive days and/or the failure to maintain a current building
permit.
3.26
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street, the setback
and front yard requirements contained herein shall apply on each street in accordance with
the provisions of the Zone or Zones in which such lot is located.
3.27
TRAVEL TRAILERS, MOBILE HOMES AND CAMPERS
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall only
be permitted in the rural or residential zones subject to the following provisions:
i)
Boats, recreational vehicles and trailers shall be stored in the rear or interior side
yard and must meet the setbacks required for an accessory building.
ii)
In the RU, RR and SR zones a recreational vehicle or trailer may be used for
human habitation for no more than 30 days in any calendar year on a vacant lot.
iii)
In all other zones a recreational vehicle or trailer may be used for human
habitation for no more than 30 days in any calendar year if there is an existing
principal dwelling.
Mobile homes may be used as dwelling units only in a zone which permits mobile homes
provided they have been constructed to CSA Standard Z240 or the equivalent and are
located on permanent foundations with the running gear and towing equipment removed.
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SECTION 4
RESIDENTIAL ZONE PROVISIONS
4.1
RESIDENTIAL (R) ZONES
4.1.1
General Prohibition
No person shall, within any Urban Residential Zone, use or permit the use of any land, or
erect, alter, enlarge, use or maintain any building or structure for any use other than as
permitted in Tables 4.A and 4B and in accordance with the standards contained the
General Provisions contained in Section 3 of this By-law.
4.2
PERMITTED USES
Uses permitted in a Residential Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted use in
Table 4.A. A number(s) following the symbol 'X', zone heading, or identified permitted
use, indicates that one or more conditions apply to the use noted or, in some cases, to the
entire Zone.
Zone Symbols
Residential One
R1
Residential Two
R2
Rural Residential
RR
Shoreline Residential
SR
Table 4.A
USE
R1
R2
RR
SR
Accessory Building
X
X
X
Accessory Dwelling Units
X
X
Accessory storage facilities
Bed and Breakfast Establishment
X
X
Day Care Centre
X
X
X
Dwelling, Apartment
X
Dwelling, Duplex
X
X
Dwelling, Semi-Detached or Duplex
X
X
Dwelling, Single Detached
X
X
X
X
Dwelling, Triplexes and Boarding House
X
X
Dwelling, Multiple
X
Dwelling, Fourplex
X
Group Home Type 1
X
X
Home Occupation
X
X
X
Home Industry
X
Long Term Care Facility
X
Places of Worship
X
X
Private Home Daycare
X
X
Retirement Home
X
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USE
R1
R2
RR
SR
Rooming House, Boarding or Lodging
Houses
X
Row Dwelling
X
Seasonal Dwelling
X
Townhouse Dwelling
X
Veterinary Clinic
X
SPECIAL PROVISIONS
4.3
ZONE STANDARDS
No person shall within any Residential Zone use or permit the use of any lot or erect,
alter, use any building or structure except in accordance with the following zone
standards. A number(s) following the zone standard, zone heading or description of the
standard, indicates an additional Zone requirement.
Table 4.B - Standards for the Residential (R) Zones
Zone
Services
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear
Yard
Minimum
Required
Interior
Side
Yard
Minimum
Required
Exterior
Side
Yard
Maximum
Lot
Coverage
R1
Single
Detached
Sewage
& Water
465 m2
15 m
6.0 m
10 m
1.2 m
3.6 m
40 %
Sewage
or Water
930 m2
30 m
6.0 m
10 m
1.2 m
3.6 m
40 %
Private
Services
4000 m2
45 m
6.0 m
10 m
1.2 m
3.6 m
40 %
R1
Semi-
Detached
Sewage
& Water
670 m2
20.0 m
6.0 m
10 m
1.2 m
3.6 m
40 %
Sewage
or Water
1400 m2
30 m
6.0 m
10 m
1.2 m
3.6 m
40 %
Private
Services
6000 m2
40 m
6.0 m
10 m
1.2 m
3.6 m
40 %
R2
Townhouse
Sewage
& Water
1000 m2
or
200 m2 /
unit
30.0 m or
5.5 m/unit
6.0 m
10 m
1.2 m
4.5 m
40 %
R2
Apartment
Sewage
& Water
1000 m2
plus 150
m2 for
each unit
above 4
30 m
7.5 m
10 m
4.0 m
plus 1.5
m for
each
storey
above 2
6.0 m
plus 1.5
m for
each
storey
above 2
33 %
RR
Private
Services
2.0 ha
100 m
12 m
30 m
6.0 m
12 m
20%
SR
Private
Services
0.8 ha
60 m
30 m
12 m
6.0 m
12 m
10%
SPECIAL PROVISIONS
Township of Nipigon Zoning By-law
26
November 7, 2017
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2. Maximum Height in all zones
-
11 m
3. Where a dwelling is permitted in the R2 Zone the Zone Standards for the R1 Zone shall apply.
4.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the contrary,
within the Exception Zones listed on Tables 4.1, to 4.5 the following special provisions shall apply. In all
other respects the provisions of Sections 4.1 to 4.3 shall apply.
Table 4.1
Residential One (R1)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R-1
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 1- 174 Greenmantle Dr
R-2
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 2 - 162 Greenmantle Dr
R-3
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 3 - 160 Greenmantle Dr
R-4
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 4 - 158 Greenmantle Dr
R-5
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 5 - 152 Greenmantle Dr
R-6
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 6 - 136 Greenmantle Dr
R-7
Plan 55R-13225
Township of Nipigon
District of Thunder Bay
Lot Addition 7 - 156 Greenmantle Dr
Table 4.2
Residential Two (R2)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R-2
Table 4.3
Township of Nipigon Zoning By-law
27
November 7, 2017
Rural Residential
(RR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RR-1
Part of Lot 14, Concession 3
Township of Nipigon
District of Thunder Bay
PIN 62469-0148
Minimum Lot Area - 1.98 ha
Minimum Lot Frontage - 92.8 m
RR-2
East half of Lot 10, Concession 4
Township of Nipigon
District of Thunder Bay
Parts 1&2 of Ref Plan 55R-10628 have
been opened up and established as a
public hwy and the bldgs and structures
that actually existed on the 25th day of
Nov/1997 are permitted and remain in
their present locations and such bldgs
may be enlarged so long as no portion
of
the enlargement is a nearer any public
hwy and that such enlargement meets
all
requirements of this By-law.
Table 4.4
Shoreline Residential
(SR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
SR-1
Township of Nipigon Zoning By-law
28
November 7, 2017
SECTION 5
COMMERCIAL ZONE PROVISIONS
5.1
GENERAL PROHIBITION
No person shall, within any Commercial Zone, use or permit the use of any land, or erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in Tables 5.A and 5B and in accordance with the standards contained the General
Provisions contained in Section 3 of this By-law.
5.2
PERMITTED USES
Uses permitted in a Commercial Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted use in
Table 5.A. A number(s) following the symbol 'X', zone heading, or identified permitted
use, indicates that one or more conditions apply to the use noted or, in some cases, to the
entire Zone.
Zone Symbols
Downtown Commercial
-
C1
General Commercial
-
C2
Local Commercial
-
C3
Highway Commercial
-
CH
Waterfront Commercial
-
CW
USE
C1
C2
C3
CH
CW
Accessory buildings
X
Accessory uses to any of the
permitted uses in the C1 Zone
X
Accessory uses to any of the
permitted uses in the C2 Zone
X
Airport/ Airstrip
X
X
Assembly hall or convention
centre
X
X
Bakery
X
X
Building Supply and Lumber
outlet
X
X
X
Business and professional office
including office building, bank,
financial lending institution or
clinic
X
X
Car wash
X
X
X
X
Commercial Nursery and
Greenhouse
X
Township of Nipigon Zoning By-law
29
November 7, 2017
USE
C1
C2
C3
CH
CW
Commercial fishing outfitting
establishments
X
X
X
Commercial school
X
Day care centre
X
X
X
Existing Dwelling Unit
X
X
Dwelling Unit on second floor
X
X
X
X
X
Dwelling which may be attached to or
detached from the principal building.
X
X
Florist shop or garden centre
X
X
Funeral Home
X
Gift shop or craft industry
X
X
Government offices
X
Grocery store
X
Health club, billiard or bowling
establishment or similar commercial
recreational establishment, theater,
cinema, arcade or other place of
entertainment
X
Historical sites, displays and exhibits
X
X
X
Hotel
X
X
X
Kennel
X
Libraries
X
Marina
X
Motel
X
X
X
Motor Vehicle Body Shop
X
X
Motor Vehicle Dealership
X
Motor Vehicle Fuel Bar
X
Motor Vehicle Supply Shop
X
Museums
X
X
Parking lot or structure
X
Personal service shop, including
barber shop, beauty salon,
dressmaking & tailoring, laundry and
dry cleaning shop or similar use
X
X
Pharmacy or drug store
X
Places of Worship
X
Printing or Publishing Establishment
X
Township of Nipigon Zoning By-law
30
November 7, 2017
USE
C1
C2
C3
CH
CW
Recreation facilities including tennis
courts, golf driving ranges, swimming
pools, parks, playgrounds, miniature
golf courses, pavilions, observation
decks and areas and accessory
facilities and trails
X
X
Restaurant
X
X
X
Restaurant including banquet hall,
tavern, and take-out restaurant
X
X
X
Restaurant, Drive-in
X
Restaurant, Take-out
X
X
Retail store - not engaged in
manufacturing unless does not exceed
50% of the gross floor area and the
products are primarily for sale on the
premises
X
Retail store
X
X
Service or repair shop
X
Shopping Centre
X
Storage area enclosed within a
building as an accessory use
X
Storage area enclosed within a
building as an accessory use
X
Tavern
X
X
Tourist camp
X
X
Tourist information establishment
X
X
X
Tourist outfitters
X
X
X
Travel trailer and tent camping
facilities
X
Veterinary clinic
X
Wholesale Establishment
X
Residential Uses Permitted
Dwelling Unit
X
X
Apartment Dwelling
X
X
Boarding House Dwelling or Rooming
House
X
X
X
Row Dwelling Units
X
X
Townhouse Dwelling Units
X
X
Existing Dwellings
X
X
X
X
Township of Nipigon Zoning By-law
31
November 7, 2017
5.3
ZONE STANDARDS
No person shall within any Commercial Zone use or permit the use of any lot or erect,
alter, use any building or structure except in accordance with the following zone
standards. A number(s) following the zone standard, zone heading or description of the
standard, indicates an additional Zone requirement.
Table 5.B
Zone
Services
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear
Yard
Minimum
Required
Interior
Side
Yard
Minimum
Required
Exterior
Side
Yard
Maximum
Lot
Coverage
C1
Sewage
and Water
465 m2
10.0 m
nil
nil
nil
nil
100%
C2
Sewage
and Water
930 m2
20.0 m
12.0 m
7.5 m
6.0 m
12 m
30%
C2
Private
Services
4000 m2
30.0 m
12.0 m
7.5 m
6.0 m
12 m
30%
C3
Private
Services
4000 m2
30.0 m
12.0 m
7.5 m
6.0 m
12 m
30%
CH
Private
Services
6000 m2
45.0 m
20.0 m
7.5 m
6.0 m
20 m
30%
CW
Sewage
and Water
930 m2
20.0 m
12.0 m
7.5 m
6.0 m
12 m
45%
SPECIAL PROVISIONS
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2. Where a dwelling is permitted the Zone Standards for the R2 Zone shall apply.
3. Where a Commercial use abuts a R1 or R2 Zone, a planting strip in accordance with Section 3.17
shall be required.
4. The maximum height in all Zones shall be 11.0 metres
Township of Nipigon Zoning By-law
32
November 7, 2017
5.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the contrary,
within the Exception Zones listed on Tables 5.1 to 5.5 the following special provisions shall apply. In all
other respects the provisions of Sections 5.1 to 5.3 shall apply.
Table 5.1
Downtown
Commercial (C1)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
C1-1
Table 5.2
General Commercial
(C2) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
C2-2
Table 5.3
Local Commercial
(C3) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
C3-3
Table 5.4
Highway Commercial
(CH) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
CH-1
Table 5.5
Waterfront
Commercial (SR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
CW-1
Township of Nipigon Zoning By-law
33
November 7, 2017
SECTION 6
INDUSTRIAL ZONE PROVISIONS
6.1
GENERAL PROHIBITION
No person shall, within any Industrial Zone, use or permit the use of any land, or erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in Tables 6.A and 6.B and in accordance with the standards contained the General
Provisions contained in Section 3 of this By-law.
6.2
PERMITTED USES
Uses permitted in a Industrial Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted use in
Table 6.A. A number(s) following the symbol 'X', zone heading, or identified permitted
use, indicates that one or more conditions apply to the use noted or, in some cases, to the
entire Zone.
Zone Symbols
Light Industrial
M1
General Industrial
M2
Extractive Industrial
M3
Waste Disposal
M4
Table 6.A
USE
M1
M2
M3
M4
Accessory uses to the permitted uses
X
Agricultural use, conservation, forestry, reforestation with
accessory uses and buildings, provided that these uses do
not include dwellings
X
X
Auto wrecking yards, junkyards, scrap metal yards
X
Banks
Business or professional offices
X
X
Concrete or asphalt plant
X
X
Manufacturing, processing industrial or warehousing uses
including research establishments
X
X
Mining and associated processing
X
Mineral Aggregate Extraction
X
Motor vehicle repair garage, including a motor vehicle body
shop
X
X
Open storage accessory to permitted uses in the M1 zone
X
Parks
X
Pit
X
Processing for forestry products
X
X
Quarry
X
Railway uses
X
X
Restaurants
X
Sewage Facility
X
Township of Nipigon Zoning By-law
34
November 7, 2017
USE
M1
M2
M3
M4
Shops for the repair, processing, sale or treatment of goods
and wares, including laundries, dairies, bakeries, printing
and furniture establishments
X
Truck Transport Terminal
X
Waste Disposal Area
X
Work Camp
X
X
SPECIAL PROVISIONS
1.
No crusher or other processing equipment associated with a pit or quarry shall be located
within 500 metres of a residential use.
6.3
ZONE STANDARDS
No person shall within any Industrial Zone use or permit the use of any lot or erect, alter,
use any building or structure except in accordance with the following zone standards. A
number(s) following the zone standard, zone heading or description of the standard,
indicates an additional Zone requirement.
Table 6.B
Zone
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Lot Depth
Minimum
Required
Front Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Minimum
Landscaped
Open Space
M1
2000m2
30.0 m (1)
50.0 m
9.0 m (2)
6.0 m (4)
3.0 m (3)
9.0 m (2)
10%
M2
2000m2
30.0 m (1)
50.0 m
9.0 m (2)
6.0 m (7)
3.0 m (8)
9.0 m (2)
10%
M3
1 ha
30.0 m (6)
50.0 m
30.0 m
30.0 m (7)
30.0 m (8)
30.0 m (2)
5%
M4
1.0 ha
90.0 m
90.0 m
15.0 m
15.0 m
15.0 m
15.0 m
20 %
Special Provisions:
1. The maximum height in the Industrial Zones shall be 15.0 metres
2. The maximum lot coverage in the Industrial Zones shall be 50 per cent
Township of Nipigon Zoning By-law
35
November 7, 2017
6.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the contrary,
within the Exception Zones listed on Tables 6.1 to 6.4 the following special provisions shall apply. In all
other respects the provisions of Sections 6.1 to 6.3 shall apply.
Table 6.1
Light Industrial (M1)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M1-1
Table 6.2
General Industrial
(M2) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M2-2
Table 6.3
Extractive Industrial
(M3) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M3-3
Table 6.4
Waste Disposal (M4)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M4-1
Township of Nipigon Zoning By-law
36
November 7, 2017
SECTION 7
INSTITUTIONAL ZONE PROVISIONS
7.1
GENERAL PROHIBITION
No person shall, within any Institutional Zone, use or permit the use of any land, or erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted
in Tables 7.A and 7.B and in accordance with the standards contained the General
Provisions contained in Section 3 of this By-law.
7.2
PERMITTED USES
Uses permitted in a Institutional Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted use in
Table 7.A. A number(s) following the symbol 'X', zone heading, or identified permitted
use, indicates that one or more conditions apply to the use noted or, in some cases, to the
entire Zone.
Zone Symbols
Institutional
I
TABLE 7A
USE
Arena
X
Art Gallery
X
Banquet Hall
X
Community Centre
X
Crisis Centre
X
Government Office
X
Hospital
X
Library
X
Long Term Care Facility
X
Museum
X
Nursing Home
X
Places of Worship
X
Private Home Daycare
X
Retirement Home
X
Rooming House, Boarding or Lodging Houses
X
School
X
School, Commercial
X
Tourist Information Centre
X
Township of Nipigon Zoning By-law
37
November 7, 2017
7.3
ZONE STANDARDS
No person shall within any Commercial Zone use or permit the use of any lot or erect,
alter, use any building or structure except in accordance with the following zone
standards. A number(s) following the zone standard, zone heading or description of the
standard, indicates an additional Zone requirement.
Table 7.B
Zone
Services
Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear
Yard
Minimum
Required
Interior
Side
Yard
Minimum
Required
Exterior
Side
Yard
Maximum
Lot
Coverage
I
Sewage
and Water
930 m2
20.0 m
12.0 m
7.5 m
6.0 m
12 m
30%
I
Private
Services
4000 m2
30.0 m
12.0 m
7.5 m
6.0 m
12 m
30%
SPECIAL PROVISIONS
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2. Where an Institutional use abuts a R1 or R2 Zone, a planting strip in accordance with Section
3.17 shall be required.
3. The maximum height in all Zones shall be 11.0 metres
7.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the contrary,
within the Exception Zones listed on Table 7.1 the following special provisions shall apply. In all other
respects the provisions of Sections 7.1 to 73 shall apply.
Table 7.1
Institutional (I)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
I-1
Township of Nipigon Zoning By-law
38
November 7, 2017
SECTION 8
RURAL, ENVIRONMENTAL PROTECTION AND OPEN SPACE ZONE PROVISIONS
8.1
GENERAL PROHIBITION
No person shall, within any Rural, Environmental Protection or Open Space Zone, use or
permit the use of any land, or erect, alter, enlarge, use or maintain any building or
structure for any use other than as permitted in Tables 8.A and 8.B and in accordance with
the standards contained the General Provisions contained in Section 3 of this By-law.
8.2
PERMITTED USES
Uses permitted in any Rural, Environmental Protection or Open Space Zone are denoted
by the symbol 'X' in the column applicable to that Zone and corresponding with the row
for a specific permitted use in Table 8.A. A number(s) following the symbol 'X', zone
heading, or identified permitted use, indicates that one or more conditions apply to the use
noted or, in some cases, to the entire Zone.
Zone Symbols
Rural
RU
Environmental Protection
EP
Open Space
OS
Table 8A
USE
RU
EP
OS
Accessory buildings to any permitted use
X
X
Agricultural and conservation uses including forestry,
reforestation and other activities connected with the
conservation of soil or wildlife
X
X
Campsite
X
Commercial Nursery or Greenhouse
X
Golf courses
X
X
Kennel
X
Portable sawmills
X
Recreational trails
X
X
Ski hills
X
Tourist outfitters
X
Veterinary clinic or
X
One dwelling on each legally existing lot at the time of the
passing of this By-law
X
Dwelling or dwelling unit as an accessory use
X
Parks, public and private
X
X
Recreation fields and community centres
X
Cemeteries
X
Swimming pools
X
Tennis courts
X
Museums
X
Arenas
X
Township of Nipigon Zoning By-law
39
November 7, 2017
USE
RU
EP
OS
Observation decks and areas and accessory facilities
X
X
SPECIAL PROVISIONS
8.3
ZONE STANDARDS
No person shall within any Industrial Zone use or permit the use of any lot or erect, alter,
use any building or structure except in accordance with the following zone standards. A
number(s) following the zone standard, zone heading or description of the standard,
indicates an additional Zone requirement.
Table 8B
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Maximum
Lot
Coverage
Maximum
Height
RU
30.0 ha
90.0 m
10.0 m
10.0 m
10.0 m
10.0 m
10%
15.0 m
EP
2.0 ha
90.0 m
10.0 m
10.0 m
10.0 m
10.0 m
10%
15.0 m
OS
8,000 m2
45.0 m
6.0 m
7.5 m
1.2 m
4.5 m
25%
15.0 m
SPECIAL PROVISIONS
8.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the contrary,
within the Exception Zones listed on Tables 8.1, to 8.3 the following special provisions shall apply. In all
other respects the provisions of Sections 8.1 to 8.3 shall apply.
Table 8.1
Rural (RU) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RU-1
East half of Lot 9, Concession 4
Township of Nipigon
District of Thunder Bay
Parts 3 to 15 Ref Plan 55R-10628
has been opened up and established
as a public hwy and the bldgs and
structures which actually existed on
Nov
25/1997 are permitted in their present
locations and such bldgs may be
enlarged so long as no portion of the
enlargement is a nearer any public hwy
and that such enlargement meets all
requirements of this By-law.
Table 8.2
Township of Nipigon Zoning By-law
40
November 7, 2017
Environmental
Protection (EP)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
EP-1
Township of Nipigon Zoning By-law
41
November 7, 2017
Table 8.3
Open Space (OP)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
OS-1
Township of Nipigon Zoning By-law
42
November 7, 2017
SECTION 9
HOLDING PROVISIONS AND TEMPORARY USES
9.1
HOLDING PROVISIONS
9.1.1
Unless otherwise provided in this By-law to the contrary, where a Zone symbol is
preceded by, a letter "H" and a number - for example H1M1 - no person shall use or
permit the use of the land to which the letter (H) applies for any use other than the use
which legally existed on the date the By-law applying the Holding provision came into
effect or the use(s) permitted in the By-law enacting the Hold, or expand or replace an
existing building or structure as the case may be, until the Hold (H) is removed in
accordance with the policies of the Official Plan and Section 36 of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
9.1.2
Council may pass a By-law pursuant to Section 36 of the Planning Act, as amended to
remove the Holding (H) Symbol, thereby placing the lands in the zone indicated by the
zone symbol, when all of the applicable requirements have been met. For the purposes of
this By-law, a number of distinct holding provisions have been applied as set out in Table
9.A, below:
Table 9.A: Holding (H) Provisions
Col. 1
Column 2
Column 3
Column 4
Col. 5
Col.6
Symbol
Application
Property/
Legal
Description
Conditions for Removal
Date
Enacted
Date
Removed
H1
Lands where a
development
agreement is
required
The Holding (H1)
provision may be lifted
once Council is satisfied
that an appropriate
subdivision agreement
and/or site plan
agreement and/or
development agreement
has been executed.
H2
Lands within
500 m of
landfill site
The Holding (H2)
provision may be lifted
when Council in
consultation with the
Ministry of Environment
is satisfied that there are
no adverse impacts from
the Waste Disposal site.
Township of Nipigon Zoning By-law
43
November 7, 2017
9.2
TEMPORARY USES
Where on Schedules to this By-law, a symbol "T", and a number, identify a property that
is subject to a temporary use permission one or more additional but temporary uses are
permitted on the lands noted until the permission granted by the site specific Temporary
Use By-law expires in accordance with the policies of the Official Plan and Section 39 of
the Planning Act, R.S.O. 1990, c.P.13, as amended. Table 9.B, below, identifies the
Temporary Use Zones within the Township.
Table 9.B - Temporary Uses
Symbol
Zone
Designation
Property/Legal Description
Temporary Uses Permitted
Date
Enacted
Expiry
Date
Township of Nipigon Zoning By-law
44
November 7, 2017
SECTION 10
DEFINITIONS
10.1
ACCESSORY
A use, separate building or structure, which is usually incidental, subordinate, exclusively
devoted to and located on the same lot as the principle use, building or structure.
10.2
AGRICULTURAL BUILDING
Any building or structure customarily used in connection with a farm other than a
residence.
10.3
AGRICULTURAL USE
Any agricultural use or uses, structures or buildings accessory thereto, including field
crops, animal husbandry, horticultural nurseries and any other use customarily carried on
in the field of general agriculture, including the sale on the premises, of produce grown
or raised on the premises except specialized agricultural uses as defined herein.
10.4
AIRPORT
The use of lands, buildings or structures for the purposes of air transportation services.
10.5
ANIMAL SHELTER
Lands and buildings used for the keeping of animals, birds or other livestock and may
include the premises of a veterinary surgeon.
10.6
ASSEMBLY HALL
A building, or part of a building, in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social purposes and may include a
bingo hall, a banquet hall, private club or fraternal organization.
10.7
ATTACHED
A building otherwise complete in itself, which depends, for structural support or complete
enclosure, upon a division wall or walls shared in common with adjacent building or
buildings.
Township of Nipigon Zoning By-law
45
November 7, 2017
10.8
ARENA
A building, or part of a building, in which the principle facilities provided are for such
recreational activities as curling, skating, hockey, lacrosse, broomball, or similar athletic
activity, which facilities may include dressing rooms, concession booths for the provision
of food and refreshments to the general public, bleachers, plant equipment for the making
of artificial ice and such other facilities as are normally considered incidental and
subordinate thereto.
10.9
ART GALLERY
A building, place or area where paintings, sculptures or other works of art are exhibited
or sold.
10.10
BAKERY
A food processing building or structure where food products of which flour, grains, meal
or sugar are the principal ingredients are produced, mixed, compounded, baked or
otherwise prepared, but does not include a restaurant.
10.11
BALCONY
A raised platform or structure projecting above finished grade from the main building, not
supported by the ground, with or without steps to provide access to the ground.
10.12
BARN
A building used for the housing of livestock or agricultural products kept or grown on the
lands on which the building is located.
10.13
BANK
An institution where money is deposited, kept, lent, or exchanged.
10.14
BANQUET HALL
A building or part thereof, used for the gathering of groups of people for a specific function
including the consumption of food and drink and shall include kitchen facilities.
10.15
BASEMENT
That portion of a building below the first floor and which is partly underground as defined
in the Building Code.
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10.16
BED AND BREAKFAST
A home occupation within a single detached dwelling wherein not more than five rooms
are rented and meals are served to overnight guests for commercial purposes.
10.17
BOARDING, LODGING or ROOMING HOUSE
A dwelling in which lodging with or without meals is supplied for gain to three or more
persons other than the lessee, tenant or owner of said dwelling, or any member of his/her
family, but does not mean or include a motel, hotel, short term accommodation, bed and
breakfast establishment, hospital, similar commercial or institutional use or apartment
building.
10.18
BOATHOUSE
A building used for the storage of boats and boating equipment.
10.19
BOAT SLIP
A single parking space of at least 185 sq. m. for a boat or other marine vessel forming part
of a dock, boathouse or other mooring facilities.
10.20
BUILDING
A structure consisting of walls, roof and floor or a structural system serving the same
purpose as defined in the Building Code and including carports but does not include
awnings. For the purposes of this By-law a building includes a tent or similar temporary
structure located on a lot for more than 10 consecutive days.
10.21
BUILDING SUPPLY AND LUMBER OUTLET
A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the fabrication of certain
materials related to home improvements.
10.22
BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but not
including retail sales except key lock operations.
10.23
BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed in the
management, direction or conducting of a business or where professionally qualified
persons and their staff serve clients or patients who seek advice, consultation or treatment
and may include the administrative offices of a non-profit or charitable organization.
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10.24
CAMPING ESTABLISHMENT
Lands used for the parking and temporary use for at least five (5) campsites occupied by
tents, trailers, motor homes, truck campers and recreational vehicles and accessory uses
and facilities such as administrative offices, sanitary facilities, recreational facilities and
an accessory convenience store.
10.25
CAMP SITE
A parcel of land within a camping establishment that is maintained as a site for the location
and temporary occupation of a tent, travel trailer, motor home, recreational vehicle or
truck camper, but not a mobile home.
10.26
CAR WASH
An automotive use containing manual or automated facilities for washing or cleaning
vehicles, but does not include any other automotive use defined herein.
10.27
CELLAR
A portion of a building below the first storey floor which is partly or wholly underground
and which has more than one-half of its height, from finished floor to finished ceiling or
to the underside of the floor joints of the first floor, the average finished grade level
adjacent to the exterior walls of the building and having a floor to ceiling height of less
than 1.8 m. (6.0 ft.) or as otherwise defined in the Building Code.
10.28
CEMETERY
The land that is set apart or used as a place for the internment of the dead or in which
human bodies have been buried.
10.29
CHIEF BUILDING OFFICIAL
The official employed by the Township appointed under the Building By-law or pursuant
to the provisions of The Building Code Act, S.O., 1992 c.23, as amended, and shall
include any Inspector likewise employed and appointed.
10.30
TOWNSHIP
The Corporation of the Township of Nipigon
10.31
CLINIC
An establishment used by two or more qualified health practitioners including physicians,
dentists, chiropractors, physiotherapists and their staff for the purposes of consultation,
diagnosis and office treatment.
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10.32
COMMUNITY CENTRE
Any tract of land or building, or buildings or any part of any buildings used for community
activities whether used for commercial purposes or not, the control of which is vested in
the Municipality, a local board or agent thereof and may include an auditorium, swimming
pool, arena and fitness centre.
10.33
COMMUNITY FACILITY
Any facility, place or building which is maintained and operated to provide services for
residents of the community.
10.34
CONSERVATION
The preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by a public authority for individual or public use.
10.35
CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are stored or
where a contractor performs shop or assembly work but does not include any other yard
or establishment otherwise defined or classified herein.
10.36
CONVENIENCE STORE
A retail commercial establishment, not exceeding 200 square metres of gross floor area,
supplying groceries and other daily household necessities to the surrounding area, whether
or not such store is open for business seven (7) days a week or not.
10.37
CONVENTION CENTRE
A building or structure used for the holding of conventions, conferences, seminars,
workshops or similar activities, including dining and lodging facilities, as well as
compatible accessory facilities.
10.38
CORPORATION
The Corporation of the Township of Nipigon.
10.39
COUNCIL
The Council of the Corporation of the Township of Nipigon
10.40
CRISIS CENTRE
Crisis residence shall mean a single housekeeping unit licensed or funded by the Province
of Ontario for the short term (averaging 30 days or less) accommodation of three to nine
persons, exclusive of staff, living under supervision and who, by reason of either
emotional, mental, social or physical condition or legal status, require a group living
arrangement for their well-being.
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10.41
DECK
Deck shall mean a structure above the ground cantilevered from a dwelling unit or
supported by the ground and open to the sky, located 0.3 m. or more above finished grade.
10.42
DOCK
A structure for the mooring of boats, attached to or forming part of the mainland or used
in conjunction with a use on the mainland.
10.43
DRIVE THROUGH SERVICE FACILITY
A building or structure or part thereof where goods and/or services are offered to the
public within a parked or stationery vehicle that is in a designated queuing space by way
of a service window, kiosk, or automated machine where goods, money or materials are
exchanged. Kiosks within a parking structure or associated with a surface parking area
are not considered to be drive-through service uses.
10.44
DWELLING
A building or part of a building occupied or capable of being occupied, in whole or in part
as the home, residence or sleeping place of one or more persons either continuously,
permanently, temporarily or transiently.
10.45
DWELLING, ACCESSORY
A use, separate building, or structure, which is usually incidental, subordinate, exclusively
devoted to and located on the same lot as the principle use, building or structure but not
including a building or structure which is used as a dwelling unless specifically permitted.
10.46
DWELLING, APARTMENT
A separate building containing three or more dwelling units sharing a common corridor
or stair well.
10.47
DWELLING, DUPLEX
The whole of a two-storey building divided horizontally into two separate dwelling units,
each of which has an independent entrance either directly or through a common vestibule.
10.48
DWELLING, MULTIPLE
A dwelling which contains three or more dwelling units, with or without permitted non
residential uses, and includes any such dwelling wherein furnished dwelling unit
accommodation is provided on a weekly or monthly basis, but does not include a row
dwelling or a townhouse dwelling.
10.49
DWELLING, QUADRAPLEX
The whole of a dwelling house that is divided vertically by common party walls into four
separate dwelling units, each of which has two common party walls.
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10.50
DWELLING ROW
A dwelling which contains three or more dwelling units divided vertically from each other
by common walls, which extend at least one storey above finished grade and having
private independent entrances to each dwelling unit directly from a yard.
10.51
DWELLING, SEMI-DETACHED
The whole of a building divided vertically into two separate dwelling units.
10.52
DWELLING, SINGLE DETACHED
A detached building containing one dwelling unit only.
10.53
DWELLING, TOWNHOUSE
A dwelling unit in a building divided vertically into no less than three nor more than eight
dwelling units attached by common walls extended from the base of the foundation to the
roof line, each dwelling unit having a separate entrance at grade.
10.54
DWELLING, TRIPLEX
The whole of a building divided horizontally into three separate dwelling units, each of
which has an independent entrance either directly or through a common vestibule.
10.55
DWELLING UNIT
A combination of rooms in which a kitchen, living quarters and sanitary conveniences are
provided for the exclusive use of the residents and with a private entrance from outside
the building or from a common hallway or stairway inside. It may include a modular
home constructed in accordance with the Building Code and C.S.A. A-277 Regulations.
10.56
DWELLING UNIT, ACCESSORY
A separate dwelling unit which is contained in a building which was originally designed
as a single family dwelling.
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10.57
ERECT
To build, construct, reconstruct, alter or relocate including any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining, or structurally
altering any existing building or structure by an addition, deletion, enlargement or
extension.
10.58
ESTABLISHED BUILDING LINE
The average distance from the road line to existing buildings measured not more than
100 metres on either side of the lot where the frontage has been built upon, as of the date
of passing of this By-law.
10.59
EXISTING
Legally existing, being a reality or an actuality as of the date of passing of this By-law.
10.60
FARM
Any farming or agricultural use and includes apiaries; aviaries; berry or bush crops;
breeding, raising, training or boarding of horses or cattle; commercial greenhouses; farms
devoted to the hatching, raising and marketing of chickens, turkeys, or other fowl or game
birds, animals, fish or frogs; farms for grazing; flower gardening; field crops; goat or cattle
dairies; growing, raising, picking, treating and storing of vegetables or fruit produce
produced on the premises; nurseries; orchards; riding stables; the raising of sheep or goats;
the raising of swine; tree crops; market gardening; bee keeping; wood lots; such uses or
enterprises as are customarily carried on in the field of general agriculture not including
a specialized farm as defined. "Farm" includes a single-family dwelling house, and such
principle or main buildings and structure as a barn or silo, as well as accessory buildings
and structures which are incidental to the operation of the farm.
10.61
FINISHED GRADE
The average elevation of the finished surface of the ground at ground level measured on
any side of a building or structure.
10.62
FIRST STOREY
The storey with its floor closest to grade and having its ceiling more than 1. 8 metres
above grade or as defined in the Building Code.
10.63
FLOOR AREA, GROSS
The total floor area, as hereinafter defined, exclusive of any portion of the building or
structure below finished grade measured between the exterior faces of the exterior walls
which is used for heating, the storage of goods or personal effects, laundry facilities,
recreational areas, the storage or parking of motor vehicles, exclusive of any private
garage, carport, basement, walkout basement, cellar, porch, verandah or sunroom unless
such sunroom is habitable during all seasons of the year.
10.64
FLOOR AREA, GROUND
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The maximum ground floor area of a building measured by the outside walls, excluding,
in the case of a single detached dwelling, any private garage, carport, porch, verandah or
sunroom (unless such sunroom is habitable at all seasons of the year).
10.65
FLORIST SHOP
A retail store where flowers and plants are sold or offered for sale to the public and such
use may include the incidental raising and arranging of flowers and plants for sale in the
store.
10.66
FORESTRY
The management, development and cultivation of timber resources to ensure the
continuous production of wood or wood products, provision of proper environmental
conditions for wildlife, protection against floods and erosion, protection of water supplies
and preservation of the recreation resource and shall include reforestation areas owned or
managed by the Ministry of Natural Resources or local Conservation Authority.
10.67
FUNERAL HOME
A building designed for the purpose of furnishing funeral supplies and services to the
public and includes facilities intended for the preparation of the dead human body for
internment or cremation.
10.68
GARAGE, PRIVATE
A detached accessory building or portion of a dwelling house which is designed or used
for the sheltering of a private motor vehicle and storage of household equipment incidental
to the residential occupancy and which is fully enclosed and roofed and excludes a carport
or other open shelter.
10.69
GARDEN CENTRE
An establishment engaged in both the propagation and retail sale of garden and
landscaping supplies including, without limiting the generality of the foregoing, trees,
shrubs, flowers, plants, seeds and bulbs, and the retail sale of garden and landscaping
accessories including, without limiting the generality of the foregoing, fertilizers, weed-
killers, pesticides, soil, aggregates, garden tools and lawn furnishings.
10.70
GARDEN SUITE
A one unit detached residential structure containing bathroom and kitchen facilities that
is ancillary to an existing residential structure and that is designed to be portable.
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10.71
GAZEBO
A freestanding roofed accessory structure which is not enclosed, except for screening or
glass and which is utilized for the purposes of relaxation in conjunction with a residential
dwelling but shall not include any other use or activity otherwise defined or classified in
this By-law.
10.72
GOLF COURSE
A public or private area operated for the purpose of playing golf, and includes a par 3 golf
course, club house and recreational facilities, accessory driving ranges and miniature golf
courses, and similar uses.
10.73
GOLF DRIVING RANGE
A public or private area designed, landscaped and used for the practice of golf from
individual tees.
10.74
GOVERNMENT OFFICE
A municipal office, courthouse, registry office, health or welfare centre, employment
office, post office, customs office or other use for purposes of government administration
and service, but does not include yards for the storage of equipment.
10.75
GROCERY STORE
A retail store that sells food, including produce, baked goods, confectionary, meat, fish
and other eatable products and may include a delicatessen and prepared foods but does
not include other retail sales such as furniture, clothing, appliances or other retail uses
specifically defined in this By-Law.
10.76
GROUP HOME TYPE 1
A single housekeeping unit in a residential dwelling in which 3 to 6 unrelated residents
excluding staff or receiving family, live as a family under responsible supervision
consistent with the requirements of its residents and includes a home licensed or approved
under the Provincial Statute as a Special Care Residential Home, Supportive Housing
Program, Adult Community Mental Health Program, Children's Residence,
Accommodation Services for the Developmentally Handicapped, Satellite Residences for
Seniors and Homes for Physically Disabled Seniors, in compliance with municipal by-
laws
10.77
GUEST CABIN
A single storey accessory structure which is not attached to the main dwelling on a lot
which is maintained for the accommodation of an individual or individuals where sanitary
facilities and facilities for cooking are not provided.
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10.78
HEAVY EQUIPMENT SALES AND RENTAL
A building or part of a building or structure in which heavy machinery and equipment are
offered or kept for sale, rent, lease or hire under agreement for compensation, but shall
not include any other establishment defined or classified in this By-law.
10.79
HEIGHT OF BUILDINGS
The vertical distance, measured between the average natural or finished grade at the front
of the building, whichever is the lesser, and the highest point of the roof
10.80
HIGH WATER MARK SETBACK
The setback will be measured from the normal controlled high water mark of the lake or
river.
10.81
HISTORICAL SITE
A parcel of land or building which marks or is associated with some event or person of
historical importance, and is appropriately designated as such by the Township or any
other appropriate public agency.
10.82
HOME FOR THE AGED
A Home for the Aged as defined by the Home for the Aged Act.
10.83
HOME INDUSTRY
Any occupation that involves processing or manufacturing or producing products
conducted entirely within a building or part of a building accessory to a single detached
dwelling house, a part of a dwelling unit that includes processing, assembly,
manufacturing or a workshop within an area not to exceed 100 square metres in gross
floor area and shall not include outdoor storage.
10.84
HOME OCCUPATION
An occupation or profession related to the provision of services excluding processing or
manufacturing or producing products, carried on by the occupant of a dwelling within
his/her dwelling as an accessory use in connection with which there is no display, no stock
in trade nor commodity sold upon the premises and no outdoor storage.
10.85
HOSPITAL
Any institution, building or other premises or place established for the maintenance,
observation, medical and dental care and supervision and skilled nursing care of persons
afflicted with or suffering from sickness, disease or injury or for the convalescent or
chronically ill persons.
10.86
HOTEL
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A building or part of a building that contains a general kitchen and dining room and other
public rooms, the remaining rooms of which contain no provision for cooking, and are
usually hired by transients as places of abode; and includes a hostel for men or women.
10.87
IMPROVED PUBLIC ROAD
A road or highway under the jurisdiction of the Province of Ontario or the Township or a
private road within a registered Plan of Condominium which is maintained so as to allow
normal vehicular access to adjacent properties and which, in the case of a municipal road
is a road which has been constructed to municipal standards and assumed by the
municipality for maintenance purposes.
10.88
KENNEL
An establishment for the keeping, breeding and raising of domesticated animals for profit
or gain, but shall not apply to the keeping of animals in a veterinary establishment for the
purpose of observation and or recovery necessary to veterinary treatment.
10.89
LANDSCAPED OPEN SPACE
The open space from ground to sky at grade on a lot accessible by walking and which is
suitable for the growth and maintenance of grass, flowers, trees, bushes, natural vegetation
and other landscaping and includes any surfaced walk, patio or similar area but does not
include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking
area or any open space beneath or within any building or structure.
10.90
LANDSCAPING STRIP
An open space free of buildings or structures which is used for the growing and
maintenance of and unpierced row of shrubs, trees or other natural vegetation having a
minimum height of 1.5 metres.
10.91
LANE
A public thoroughfare which affords only a secondary means of access for vehicular
traffic to abutting lots and which is not intended for general traffic circulation.
10.92
LAUNDROMAT
A building or structure where the service or coin-operated laundry machines, using only
water, detergents and additives, are made available to the public for the purpose of laundry
cleaning.
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10.93
LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure in which light machinery and
equipment such as air compressors and related tools and accessories; augers; automotive
tools; cleaning equipment; light compaction equipment; concrete and masonry equipment;
electric tools and accessories; fastening devices such as staplers and tackers; floor and
carpet tools; gasoline generators; jacks and hydraulic equipment; lawn and garden tools;
ladders; moving equipment; painting and decorating equipment; pipe tools and
accessories; plumbing tools and accessories; pumps; hoses; scaffolding; welding
equipment; and, other similar tools and appurtenances are offered or kept for rent, lease
or hire under agreement for compensation, but shall not include any other establishment
defined or classified in this By-law.
10.94
LIBRARY
A public library within the meaning of the Public Libraries Act, R.S.O. 1990, c.P.44.
10.95
LOADING SPACE
An off-street space on the same lot as the building, or contiguous to a group of buildings,
for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street, lane or other appropriate means
of access.
10.96
LONG TERM CARE FACILITY
A Premises licensed as a long term care home under the Long-Term Care Homes Act,
2007, S.O. 2007, c.8.
10.97
LOT
A parcel or tract of land described in a deed or other legal document which is legally
capable of conveying title and:
a)
Which is a whole lot within a Registered Plan of Subdivision, or lot within a Plan
of Condominium other than a Registered Plan of Subdivision which has been
deemed not to be a Registered Plan of Subdivision under a By-law passed
pursuant to Section 49 of The Planning Act as amended; or
b)
Which is a legally separated parcel of land in existence on the date of passing of
this By-law without the owner holding the fee or the equity or redemption in, or
power or right to grant, assign or exercise a power of appointment with respect
to any abutting land; or
c)
The description of which is the same as in a deed which has received final
consent to a conveyance pursuant to Section 49 of The Planning Act, S.O., 1983,
c.1, as amended.
d)
Which is the whole remnant remaining to an owner or owners after a conveyance
is made with final consent pursuant to Section 40 of The Planning Act, S.O.,
1983, c.1, as amended, but for the purpose of this paragraph no parcel or tract of
land ceases to be a lot by reason only of the fact that a part or parts of it has or
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have been conveyed to or acquired by the Township of Nipigon, Her Majesty in
the Right of Ontario or Her Majesty in the Right of Canada; or,
e)
Which is the subject of an order of The Minister of Municipal Affairs pursuant
to the provisions of Section 56 of The Planning Act., S.O., 1983, c.1, as amended.
10.98
LOT AREA
The total horizontal area within the lot lines of a lot or if an island, the area of land above
the normal high water mark.
10.99
LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of a street
and a railway right-of-way, or a lot abutting on one or more parts of the same street, in
which an interior angle of less than one hundred and thirty-five (135) degrees is contained,
between the front and side lot lines abutting by the said street or streets.
10.100
LOT COVERAGE
The percent of the lot area covered by buildings or structures excluding parking areas,
driveways, decks and walkways but including structures and buildings constructed
appertaining to the lot.
10.101
LOT FRONTAGE
The continuous horizontal distance of the front lot line between the side lot lines measures
at right angles. Where the front lot line is not a straight line, or where the side lot lines
are not parallel, the lot frontage shall be the horizontal distance of a line that is 7.5 metres
back from and parallel to a continuous straight line, joining the two points where the side
lot lines intersect with the front lot line.
10.102
LOT, INTERIOR
A lot other than a corner lot.
10.103
LOT LINE
Any boundary of a lot.
10.104
LOT LINE, EXTERIOR
The side lot line which abuts the road on a corner lot.
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10.105
LOT LINE, FRONT
a)
Where a lot abuts a municipally maintained road and a navigable waterway, the
lot line abutting the municipal road shall be deemed the front lot line.
b)
In the case of a corner lot or through lot, the shorter lot line that abuts a street
shall be deemed to be the front lot line and the longer lot line that abuts a road or
shall be deemed an exterior side lot line, but,
c)
In the case of a corner lot or through lot with two lot lines of equal length abutting
roads, the lot line that abuts the wider street shall be deemed to be the front lot
line, but where the roads are of equal width, the lot line which abuts a Provincial
Highway shall be deemed to be the front lot line, and in the case of both roads
being under the same jurisdiction and of the same width, the owner of the lot
may designate which road line shall be the front lot line.
d)
In the case where a lot abuts only a road cul-de-sac, all of the frontage on the
road cul-de-sac shall be deemed to be the front lot line.
10.106
LOT LINE, REAR
The lot line farthest from or opposite to the front lot line. Where the lot abuts a navigable
waterway, the normal high water mark shall be deemed to be the rear lot line.
10.107
LOT LINE, SIDE
A lot line other than a front or rear lot line.
10.108
LOT, THROUGH
A lot bounded on opposite sides by streets.
10.109
MANUFACTURING
The assembly or repair or fabrication of goods and materials utilizing materials that have
been manufactured, created or processed in another location.
10.110
MANUFACTURING, LIGHT
The assembly or repair or fabrication of goods and materials utilizing materials which
have been manufactured, created or processed in another location and which does not
produce waste water in excess of 4500 litres per day, chemical by-products or utilize and
area for outdoor storage of goods or materials except for equipment or vehicles which are
for sale, lease or hire.
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10.111
MARINA
A commercial establishment or premises, containing docking facilities or mooring
facilities where boats or boat accessories are berthed, stored, serviced, repaired,
constructed or kept for sale or rent and where facilities for the sale of marine fuels or
lubricants, accessory retail sales and a taxi and/or barging service are provided and where
waste water pumping facilities may be provided.
10.112
MARINE FACILITY
An accessory building or structure which is used to take boats into or out of a navigable
waterway, or to moor boats. This definition includes a launching ramp, boat lift, or dock
but does not include any building used for human habitation.
10.113
MINERAL AGGREGATE EXTRACTION
(a) an operation, other than a wayside pit, conducted under a licence or permit under the
Aggregate Resources Act, and
(b) associated facilities used in the extraction, transportation, beneficiation, processing
or recycling of mineral aggregate or the production of related by-products;
10.114
MINIATURE GOLF
Shall mean an area of land designed, landscaped and used for facilities which simulate the
game of golf, or any aspect of the game, on a small scale.
10.115
MOBILE HOME
Any dwelling that is designed to be mobile, and constructed or manufactured to provide
a permanent residence for one or more persons in accordance with CSA Z240 but does
not include a travel trailer or tent trailer or trailer otherwise designed.
10.116
MOBILE HOME SITE
A parcel of land within a mobile home park which is serviced and used for the exclusive
purposes of one mobile home.
10.117
MOBILE HOME PARK
A lot under single management for the placement of three or more mobile homes.
10.118
MODULAR HOME
Any dwelling that is designed in more than one unit and is designed to be made mobile
on a temporary basis, and constructed or manufactured to provide a permanent residence
for one or more persons, but does not include a mobile home, recreational travel trailer or
recreational motor vehicle as defined herein. A modular home shall meet C.S.A. A-277
standards.
10.119
MOTEL
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A structure containing a series of living or sleeping units with individual interior sanitary
conveniences, including motor courts or tourist courts. All required parking is at grade
and direct access is available from the parking area to the individual units.
10.120
MOTOR VEHICLE
An automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise
than by muscular power, but does not include the cars of electric or steam railways, or
other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine,
farm tractor, self-propelled implement of husbandry or road building machine within the
meaning of The Highway Traffic Act, as amended.
10.121
MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act, as
amended.
10.122
MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle bodies, exterior
and undercarriage, and in conjunction with which there may be towing service and motor
vehicle rentals for customers while the motor vehicle is under repair, but shall not include
any other establishment otherwise defined or classified in this By-law.
10.123
MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for sale or rent
and in conjunction with which there may be used motor vehicle sales or rentals, a motor
vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline bar or a
motor vehicle body shop, but shall not include any other establishment otherwise defined
or classified in this By-law.
10.124
MOTOR VEHICLE FUEL BAR
One or more pump islands, each consisting of one or more motor vehicle fuel pumps, and
a shelter, which shall include the sale of oils, antifreeze, gasoline additives, propane,
natural gas and small accessories required for the operation of motor vehicles, boats and
snowmobiles and shall not be used for repairs, oil changes or greasing.
10.125
MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on motor
vehicles for compensation shall include the installation of exhaust system, repair of the
electrical system, transmission repair, brake repair, radiator repair, tire repair and
installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical
repairs or similar use and in conjunction with which there may be a towing service, a
motor vehicle service station and motor vehicle rentals for the convenience of the
customer while the motor vehicle is being repaired, but shall not include any other
establishment otherwise defined or classified in this By-law.
10.126
MOTOR VEHICLE SERVICE STATION
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A building or structure where gasoline, propane, natural gas, oil, grease, antifreeze, tires,
tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive
accessories for motor vehicles and new retail goods are stored or kept for sale to the
general public, or where motor vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries charged, and where mechanical or running
repairs essential to the actual operation of motor vehicles are executed or performed. Such
shall require public washrooms.
10.127
MUNICIPAL, DISTRICT OR PROVINCIAL MAINTENANCE AND/OR
STORAGE YARD
Any land, building and/or structure owned by the Corporation of the Township of
Nipigon, Public Utilities Commission or the Province of Ontario and used for the storage,
maintenance and/or repair of material, equipment, machinery and/or motor vehicle used
in connection with civic works.
10.128
MUSEUM
An institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a
collection of artifacts of historical interest.
10.129
NON-COMPLYING
A lot, building or structure that does not fulfill the zone standards of the zone provisions
for the zone in which the lot, building, structure is located.
10.130
NON-CONFORMING
An existing use or activity of any land, building or structure which does not conform with
the permitted uses of this By-law for the Zone in which such existing land, building or
structure is located, so long as it continues to be used for that purpose.
10.131
NURSERY OR GREENHOUSE, COMMERCIAL
A building or structure, and lands associated therewith, for the growing of flowers, fruits,
vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and
implements which are sold at retail from such building or lot to the general public.
10.132
NURSING HOME
Any premises maintained and operated for persons requiring nursing care, and which is
licensed under The Nursing Homes Act, as amended.
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10.133
OUTSIDE STORAGE
Any accessory storage outside of a principle or main building or structure on the lot.
10.134
PARK, PRIVATE RECREATIONAL
An open space or recreational area, other than a public park, operated on a commercial
and/or private member basis, and which includes one or more of the following facilities
or activities:
a)
Areas for walking, riding and cross-country skiing, snowmobiling, but does not
include the racing of animals, motor vehicles, motor cycles or snowmobiles;
b)
Accessory recreational or playground areas such as picnic areas, tennis courts,
lawn bowling greens, outdoor skating rinks, athletic fields;
c)
An accessory club house or storage building of a maximum of 75 sq. m. , and;
d)
Parking lots accessory to the foregoing.
10.135
PARK, PUBLIC
Any open space or recreational area, owned or controlled by the Corporation or by any
Board, Commission or other Authority established under any statute of the Province of
Ontario and may include therein neighbourhood, community, regional and special parks
or areas and may include one or more athletic fields, field houses, community centres,
bleachers, swimming pools, greenhouses, botanical gardens, zoological gardens,
bandstands, skating rinks, tennis courts, bowling greens, bathing stations, curling rinks,
refreshment rooms, fair grounds, arenas, or similar uses.
10.136
PARKING AREA
An area or areas of land or a building or part thereof which is provided and maintained
upon the same lot or lots upon which the principle use is located for the purpose of storing
motor vehicles.
10.137
PARKING LOT
A parking area forming the principle use of a lot.
10.138
PARKING SPACE
An area having a minimum width of 3 metres and a minimum area of 18.5 square metres,
exclusive of any aisles, ingress or egress lanes, for the parking or storage of motor
vehicles.
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10.139
PARKING STRUCTURE
A building or structure above or below finished grade which contains a parking area as
the main use thereof.
10.140
PATIO
A platform or surfaced area without a roof, the surface of which is not more than 0.3
metres above finished grade, which is designed and intended for use as an accessory to a
dwelling or a commercial use.
10.141
PAVILLION
means a completely enclosed structure having a roof supported on piers, for the purpose
of shelter from the elements during such activities as picnics.
10.142
PERSON
Any human being, association, firm, partnership, incorporated company, corporation,
agent or trustee, and the heirs, executor or other legal representatives of a person to whom
the context can apply according to law.
10.143
PERSONAL SERVICES SHOP
A building or part thereof wherein a personal service is performed, including, but not
necessarily restricted to, a barber shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop, a dry cleaning depot, a laundromat, a photographic, music or studio or
the premises of an optician or registered massage therapist, but does not include any other
uses defined herein.
10.144
PHARMACY
A building or part thereof where drugs are prepared and dispensed, but shall not include
a drug store or retail store.
10.145
PIT
A place where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other material
is being or has been removed by means of an excavation to supply materials for
construction, industrial or manufacturing purposes, but does not include a wayside pit.
10.146
PLACES OF WORSHIP
Churches, chapels, temples, parish halls and synagogues including offices for the
administration of the religious institution, convents, seminaries, monasteries, rectories,
parsonages and parish houses.
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10.147
PLACE OF AMUSEMENT
Any premises or separate part of a premises wherein for profit or gain, two or more
amusement machines are provided for use by the public.
10.148
PLACE OF ENTERTAINMENT
A motion picture or other theatre, auditorium, public hall, billiard hall, bowling alley, ice
or roller skating rink, dance hall or music hall, but for the purposes of this By-law does
not include any other use or activity otherwise defined or classified in this By-Law.
10.149
PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel aggregate
materials, but not including a concrete batching plant or an asphalt plant, which equipment
is capable of being readily drawn or readily propelled by a motor vehicle and which
equipment is not considered permanently affixed to the site.
10.150
PORTABLE SAWMILL
A building, structure or area
a.
where timber is cut or sawed, either to finished limber or as an intermediary step.
b. which is not of permanent construction, but which is designed to be dismantled at the
completion of the construction project.
10.151
PRINCIPLE OR MAIN BUILDING
Any building which is carried on the principle purpose for which the building lot is used
and shall include a barn or silo used in conjunction with a farm.
10.152
PRINTING/PUBLISHING ESTABLISHMENT
A building or part of a building in which the business of producing books, newspapers or
periodicals, by mechanical means and reproducing techniques, such as Xeroxing, is
carried on, and may include the sale of newspapers, books, magazines, periodicals or like,
to the general public.
10.153
PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural, athletic
and/or recreational activities.
10.154
PRIVATE HOME DAYCARE
The provision of temporary care and custody to not more than five children under the age
of ten years old, for reward or compensation in a dwelling unit for a continuous period
not exceeding twenty-four hours in accordance with the Day Nurseries Act RSO 1990 as
amended from time to time.
10.155
PRIVATE ROAD
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A private right-of-way over private property or Crown Land which affords access to
abutting lots and is not maintained by a public body.
10.156
PROVINCIAL HIGHWAY
A public improved road under the jurisdiction of the Ministry of Transportation.
10.157
PUBLIC AUTHORITY
Any Federal, Provincial, District or Municipal agencies, and includes any commission,
board, authority or department established by such agency and shall include Ontario
Hydro, and Bell Canada.
10.158
QUARRY
A place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but
does not include a wayside quarry or open pit metal mine.
10.159
QUEUING SPACE
A space within a queuing lane used exclusively for the staging of vehicles utilizing a drive
through service facility.
10.160
RECREATIONAL ESTABLISHMENT
Premises where entertainment is offered for gain or profit such as a motion picture or
other theatre, public hall, billiard or pool rooms, an establishment offering three or more
electronic games for public use, bowling alley, ice or roller skating rink, miniature golf
course and all other similar places of amusement.
10.161
RECREATIONAL TRAIL
A linear area of land set aside for public use in a built or natural setting to promote
recreational activities.
10.162
RESEARCH ESTABLISHMENT
Means a place which is used for scientific research, tests or investigations, data collection
and manipulation or technical development of information, products or devices for
scientific application;
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10.163
RESORT
A tourist establishment that provides accommodation throughout all or part of the year
and that has facilities for serving meals and furnishes equipment, supplies or services to
persons in connection with angling, hunting, camping or recreational purposes and may
include a Liquor Licensed Premises and accommodation facilities for staff.
10.164
RESOURCE MANAGEMENT
The preservation, protection and improvement of the natural environment through
comprehensive management and maintenance for both the individual and society's use,
both in the present and the future. Resource Management Uses also means the
management, development and cultivation of timber resources to ensure the continuous
production of wood or wood products, the provision of proper environmental conditions
for wildlife, the protection against floods and erosion, the protection and production of
water supplies and the preservation of the recreational resource.
10.165
RESTAURANT
A building or part of a building where food is offered for sale or sold to the public
primarily for immediate consumption.
10.166
RESTAURANT, DRIVE IN
A restaurant where food is ordered from and delivered to customers while parked in
automobiles on the property and does not include a drive-through restaurant.
10.167
RESTAURANT, TAKE-OUT
A place where food and drinks are prepared and offered for sale to the public but does not
necessarily provide facilities for consumption thereof on the premises other than in
parking areas
10.168
RETAIL STORE
A building where goods, wares, merchandise, substances or articles, are offered or kept
for sale at retail and includes storage on or about the store premises of limited quantities
of such goods, wares, merchandise, substances, or articles sufficient only to service such
stores but does not include any retail outlet otherwise classified or defined in this By-law.
10.169
RETIREMENT HOME
A premises that provides guest rooms primarily designed for retired persons or residents
thereof who require nursing and or homecare where each private bedroom or living unit
has a separate private bathroom and separate entrance from a common hall but where
common facilities for the preparation and consumption of food are provided, and where
common lounges, recreation rooms and medical care facilities may also be provided.
10.170
RIDING SCHOOL OR BOARDING STABLE
An area of land which is used as an educational centre for horse training, handling, care,
or for the lodging of horses.
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10.171
SALVAGE OR WRECKING YARD
A place where motor vehicles are wrecked or disassembled and resold; a place where
second-hand goods, including waste paper, bottles, automobile tires, clothing, other scrap
materials and salvage are collected to be sorted and a place where used lumber and used
building materials are stored for sale or resale.
10.172
SCHOOL
A public school, a separate school, a university, a community college or a private school
authorized by the Province of Ontario.
10.173
SCHOOL, COMMERCIAL
A school conducted for gain of profit such as a studio of dancing, art school, music school,
drama school, school of calisthenics, business or trade school, training centre or any other
specialized school but shall not include a school as defined in this By-law or a private
academic, religious, or philanthropic school.
10.174
SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By-law, for the
servicing or repairing of articles, goods or materials, as well as facilities for accessory
retail sales.
10.175
SERVICE SHOP, PERSONAL
A building or part of a building in which persons are employed in furnishing services and
otherwise administering to individual and personal needs of patrons such as barber shops,
beauty parlours, dry cleaning outlets, hair dressing shops, photograph studio and shoe
repair shops.
10.176
SETBACK
The horizontal distance from the centre line of the street right-of-way, or defined physical
feature measured at right angles to such centre line, to the nearest part of any building or
structure on the lot.
10.177
SEWAGE
The waste water and associated matter from any uses or as otherwise defined in the
Environmental Protection Act.
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10.178
SEWAGE SERVICES OR FACILITY
Any works by a public authority for the collection, transmission, storage, treatment and
disposal of sewage.
10.179
SHIPPING CONTAINER
A structure specifically designed or used to carry goods or freight on a truck,
train or
boat for use in intermodal transportation.
10.180
SHOPPING CENTRE
A group of three or more commercial uses, which have been designed, developed and
managed as a unit by a single owner or tenant, or a group of owners or tenants, utilizing
common parking areas and access points as distinguished from a business area comprising
unrelated individual uses.
10.181
STORAGE FACILITY
Lands and buildings where, for a fee, articles, goods or materials are stored, but does
not include a Warehouse.
10.182
STOREY
A storey is that part of a building between the surface of one floor and the ceiling above.
However, a cellar does not count as a storey.
10.183
STREET LINE
The limit of the street or road allowance and is the dividing line between a lot and street
or road.
10.184
STRUCTURE
Anything man-made that is fastened to or into the earth or another structure or rests on
the earth by its own mass.
10.185
SWIMMING POOL
A structure which is located on or in or above the ground, or within a building, and which
is capable of containing an artificial body of water for swimming, wading, diving or
recreational bathing with a water depth of 0.6 m or more at its deepest point.
10.186
TAVERN
A tavern or public house as defined by The Liquor Licence Act, but does not include a
hotel or restaurant.
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10.187
TENT
Any kind of temporary shelter for sleeping that is not permanently affixed to the site and
that is capable of being easily moved and is not considered a structure.
10.188
TOURIST ESTABLISHMENT
Any premises operated to provide sleeping accommodation for the travelling public or
sleeping accommodation for the use of the public engaging in recreational activities, and
includes the services and facilities in connection with which sleeping accommodation is
provided, but does not include:
a)
A camp operated by a charitable corporation approved under The Charitable
Institutions Act, as amended;
b)
A summer camp within the meaning of the regulations made under The Health
Protection and Promotion Act, as amended;
c)
A club owned by its own members and operated without profit or gain; or
d)
A tent and trailer park.
10.189
TOURIST INFORMATION CENTRE
An office used to provide information and assistance to the tourist or vacationing public,
and may include an accessory retail store within the same building.
10.190
TRAILER
A vehicle that is at any time drawn upon a highway by a motor vehicle, another motor
vehicle or any device or apparatus not designed to transport persons or property,
temporarily drawn, propelled or moved upon such highway, and except a side car attached
to a motorcycle, and shall be considered a separate vehicle and not part of the motor
vehicle by which it is drawn and, for the purposes of this By-law, does not include a
mobile home.
10.191
TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and sleeping
accommodation, with or without cooking facilities and which has running gear and towing
equipment permanently attached and a current licence and is not permanently affixed to
the ground.
10.192
TRANSPORTATION DEPOT
Any building or land where buses, trucks or tractor-trailers are rented, leased, kept for
hire, stored or parked for commercial purposes.
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10.193
TRUCK TRANSPORT TERMINAL
Any premises where commercial vehicles are kept for hire, rental or lease, or are stored
or parked for remuneration, or from which commercial vehicles are dispatched for hire as
common carriers.
10.194
USE
a)
Any purpose for which a building or other structure or a parcel of land may be
designed, arranged, intended, maintained, or occupied; or,
b)
Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or other structure or on a parcel of land.
10.195
VEHICLE
A motor vehicle, trailer, traction engine, farm tractor, road building machine and any
vehicle drawn, propelled or driven by any kind of power, including muscular power, but
does not include the cars of electric or steam railways running only upon rails.
10.196
VEHICLE, RECREATIONAL
A vehicle designed to provide temporary living accommodation but does not include a
mobile home, travel trailer or other vehicle defined herein.
10.197
VESSEL
A craft designed to float on the water including a boat, a barge or a ship.
10.198
VETERINARY CLINIC
A building or part of a building in which facilities are provided for the prevention, cure
and alleviation of disease and injury to animals and in conjunction with which there may
be facilities provided for the sheltering of animals during the treatment period.
10.199
WAREHOUSE
A building or part of a building used for the storage and distribution of goods, wares,
merchandise, substances or articles and may include facilities for a wholesale or retail
commercial outlet, provided that they do not exceed 10 per cent of the gross floor area,
but shall not include a truck or transport terminal or yard.
10.200
WASTE DISPOSAL AREA
A land fill site where garbage, refuse, domestic or industrial waste, exclusive of liquid
industrial waste, is disposed of or dumped or as otherwise defined in the Environmental
Assessment Act.
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10.201
WATERCOURSE
A waterbody or the natural channel for a perennial or intermittent stream of water
including a river or stream.
10.202
WATER SERVICES OR FACILITY
Any works by a public authority for the treatment, storage, supply or distribution of water.
10.203
WAYSIDE PIT OR QUARRY
A temporary pit or quarry opened and used by a public road authority solely for the
purpose of a particular project or contract of road construction and not located on the road
right-of-way.
10.204
WHOLESALE ESTABLISHMENT
The use of land or the occupancy of a building or structure, for the purpose of selling or
offering for sale goods, wares or merchandise on a wholesale basis and includes the
storage or warehousing of those goods, wares or merchandise.
10.205
WORK CAMP
A temporary use of lands for housing persons employed in an industrial operation or
construction project utilizing trailers or pre-fabricated buildings for accommodation and
may include facilities for food services and recreation.
10.206
WORKSHOP
A building or structure where manufacturing is performed by tradesmen requiring manual
or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's
shop, a plumbing and electrical contractor's or a heating /air conditioning contractor's
shop, a commercial welder's shop, or similar uses.
10.207
YARD
Any open unoccupied space appurtenant to a building measured from the closest
supporting structure of the building to the lot line.
10.208
YARD, EXTERIOR SIDE
A side yard immediately adjacent to an exterior lot line.
10.209
YARD, FRONT
A yard extending across the full width of the lot between the front lot line and the nearest
wall of any building or structure on the lot for which the yard is required. On islands
where there is only one lot, all yards shall be considered as the front yard.
10.210
YARD, FRONT DEPTH
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The least horizontal distance between the front lot line of the lot and the nearest part of
any building or structure on the lot, or the nearest open storage use on the lot, or the edge
or rim of an excavation on the lot.
10.211
YARD, REAR
A yard extending across the full width of the lot between the rear lot line and the nearest
wall of any building on the lot for which the yard is required.
20.212
YARD, REAR DEPTH
The least horizontal distance between the rear lot line of the lot and the nearest part of any
building or structure on the lot, or the nearest open storage use on the lot, or the edge or
rim of an excavation on the lot.
20.213
YARD, REQUIRED
The minimum yard required by the provisions of the By-law.
20.214
YARD, SIDE
A yard extending from the front yard to the rear yard between the side lot line and the
nearest wall of any building on the lot for which the yard is required.
20.215
YARD, SIDE EXTERIOR
A side yard immediately adjoining a public street.
20.216
YARD, SIDE INTERIOR
A side yard other than an exterior side yard.
20.217
YARD, SIDE, WIDTH
The least horizontal distance between the side lot line of the lot and the nearest part of any
building or structure on the lot, or the nearest open storage use on the lot, or edge or rim
or excavation on the lot.
20.218
ZONE
The category of use or activity of land, buildings, structures or activities permitted by this
By-law.
20.219
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum dimensions
of yards, the maximum lot coverage, the minimum setback, gross floor area, the minimum
landscaped open space, the maximum height of buildings, minimum parking
requirements, and all other Zone provisions are set out within the By-law for the
respective Zones.
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SECTION 11
ENACTMENT
11.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the Council of the
Corporation of the Township of Nipigon subject to the applicable provisions of The
Planning Act, R.S.O., 1990, c.Pl3., as amended.
11.2
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST TIME ON THE 7TH DAY OF NOVEMBER, 2017
THIS BY-LAW READ A SECOND TIME ON THE 7TH DAY OF NOVEMBER, 2017
THIS BY-LAW READ A THIRD TIME AND FINALLY PASSED ON THE 7TH DAY
OF NOVEMBER, 2017.
MAYOR: " RICHARD HARVEY"_
(MUNICIPAL SEAL)
CLERK: "LINDSAY MANNILA"__
10.3
CERTIFICATION
I hereby that the foregoing is a true copy of Zoning By-law No. 1823 as enacted by the
Council of the Corporation of the Township of Nipigon, on the 7th day of November,
2017.
CLERK: "LINDSAY MANNILA"__
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