This is the exact embedded text of the captured official document.
Snapshot 38c6feec4d5b · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
TABLE OF CONTENTS
SECTION 1
- INTERPRETATION ............................................................... 1
1.1
APPLICATION ............................................................................ 1
1.2
APPLICABILITY OF "USE" ............................................................... 1
1.3
CLOSED STREET, LANE OR RIGHT-OF-WAY ......................................... 1
1.4
COMMITTEE OF ADJUSTMENT ......................................................... 1
1.5
DEFINED AREA .......................................................................... 1
1.6
DEFINED ZONE AREAS .................................................................. 1
1.7
LITIGATION .............................................................................. 2
1.8
REPEALS ................................................................................. 2
1.9
SEVERABILITY ........................................................................... 2
1.10
SHORT TITLE ............................................................................ 2
1.11
SINGULAR AND PLURAL WORDS ...................................................... 2
1.12
SITE SPECIFIC ZONES .................................................................. 2
1.13
HOLDING ZONES ........................................................................ 2
1.14
TEMPORARY USE ZONES ............................................................... 3
1.15
USE OF LAND, BUILDING, OR STRUCTURE .......................................... 3
1.16
ZONE SCHEDULES ...................................................................... 3
SECTION 2
- DEFINITIONS ..................................................................... 4
SECTION 3
- GENERAL PROVISIONS ........................................................ 23
3.1
APPLICATION ...........................................................................23
3.2
ACCESS REGULATIONS TO IMPROVED STREET .....................................23
3.3
ACCESSORY BUILDINGS, USES, OR STRUCTURES ..................................23
3.4
AGRICULTURAL USES - MINIMUM LOT AREA ........................................24
3.5
AMENITY REQUIREMENTS .............................................................24
3.6
BED AND BREAKFAST ESTABLISHMENTS ............................................25
3.7
BOATHOUSE, PUMPHOUSE AND DOCKING FACILITIES ............................25
3.8
BUILDINGS TO BE MOVED ............................................................27
3.9
DWELLING UNIT IN NON-RESIDENTIAL BUILDING OR LOT ........................27
3.10
DWELLING UNIT IN C1, C2 OR C3 ZONES ...........................................27
3.11
DWELLINGS PER LOT ..................................................................28
3.12
SECONDARY DWELLING UNITS WITHIN A SINGLE UNIT DWELLING AND WITHIN
ACCESSORY STRUCTURES ............................................................28
3.13
BUILDINGS, STRUCTURES AND USES IN ENVIRONMENTAL PROTECTION (EP)
ZONES ...................................................................................29
3.14
FRONTAGE ON A HIGHWAY ..........................................................29
3.15
HAZARD LANDS OR LAND SUBJECT TO FLOODING ................................30
3.16
HEIGHT REGULATIONS ................................................................30
3.17
HOME INDUSTRY .......................................................................30
3.18
HOME OCCUPATION ...................................................................30
3.19
ICE BUNGALOW AND ICE HUT........................................................31
3.20
LAKE NIPISSING FLOOD PLAIN AND OTHER FLOOD PLAINS .......................31
3.21
LANDSCAPING ..........................................................................32
3.22
LOADING REQUIREMENTS ............................................................32
3.23
NON-COMPLYING LOTS, BUILDINGS AND STRUCTURES ...........................33
3.24
NON-CONFORMING USES .............................................................34
3.25
OCCUPANCY OF INCOMPLETE BUILDINGS ..........................................35
3.26
OPEN OR OUTSIDE STORAGE PROHIBITED .........................................35
3.27
PARKING REQUIREMENTS .............................................................36
3.28
PARKING REQUIREMENTS, EXISTING BUILDINGS HAVING LESS THAN MINIMUM
REQUIREMENT .........................................................................37
3.29
PARKING AREA STANDARDS ..........................................................37
3.30
PARKING AREA STANDARDS FOR ENTRANCE AND EXIT ...........................38
3.31
PERMITTED ENCROACHMENTS IN YARDS ...........................................38
3.32
PITS AND QUARRIES ...................................................................39
3.33
PROHIBITED USES .....................................................................39
3.34
PUBLIC USES PERMITTED .............................................................39
3.35
REDUCTION OF REQUIREMENTS .....................................................40
3.36
SETBACKS FOR SEPTIC SYSTEMS .....................................................40
3.37
SETBACK FROM WATERBODY ........................................................40
3.38
SETBACKS FROM ALL ROADS .........................................................40
3.39
SETBACK IN POTENTIAL HAZARD LAND AREAS ....................................41
3.40
SITE PLAN CONTROL ..................................................................41
3.41
STORAGE CONTAINERS ...............................................................41
3.42
SWIMMING POOLS .....................................................................42
3.43
TEMPORARY CONSTRUCTION USES ..................................................42
3.44
TRAILERS, MOTOR HOMES, AND CAMPERS .........................................43
3.45
TRAILER PARK AND PRIVATE RECREATIONAL USES ...............................43
3.46
TRUCK, BUS, COACH AND STORAGE CONTAINERS ................................43
3.47
VEGETATIVE BUFFERS ................................................................43
3.48
VISIBILITY TRIANGLES AT ROAD INTERSECTIONS ..................................43
SECTION 4
- ZONES ........................................................................... 45
4.1
ZONES ...................................................................................45
4.2
SCHEDULES .............................................................................45
4.3
ZONE BOUNDARIES ....................................................................45
4.4
BOATHOUSE (BH) ZONE ..............................................................46
4.5
COMMERCIAL, GENERAL (C1) ZONE .................................................47
4.6
COMMERCIAL, HIGHWAY AND TOURIST (C2) ZONE ...............................49
4.7
COMMERCIAL, RESORT (C3) ZONE ...................................................50
4.8
ENVIRONMENTAL PROTECTION (EP) ZONE .........................................51
4.9
HAZARD (HAZ) ZONE ..................................................................51
4.10
INDUSTRIAL, EXTRACTIVE (MX) ZONE ..............................................52
4.11
INDUSTRIAL, GENERAL (M1) ZONE ..................................................53
4.12
OPEN SPACE (OS) ZONE ..............................................................53
4.13
RESIDENTIAL, ESTATE (RE) ZONE ...................................................54
4.14
RESIDENTIAL, HAMLET (RH) ZONE ..................................................55
4.15
SHORELINE RESIDENTIAL (SR) ZONE ................................................55
4.16
LIMITED SERVICE RESIDENTIAL (LSR) ZONE ........................................56
4.17
RURAL (RU) ZONE .....................................................................56
4.18
WASTE DISPOSAL (WD) ZONE ........................................................59
SECTION 5
- SPECIAL ZONES ................................................................ 60
5.1
SPECIAL ZONE NO.1 (Formerly By-law No. 633 - Waltonian Marina) ...........60
5.2
SPECIAL ZONE NO. 2 (Formerly By-law Nos. 909 and 933) ......................61
5.3
SPECIAL ZONE NO. 3 (Gurd Lot 24, Con. 6) .......................................62
5.4
SPECIAL ZONE NO. 4 (Nipissing Lot 12, Con. 11) .................................63
5.5
SPECIAL ZONE NO. 5 (Nipissing Part of Lot 10, Con. 8 and Gurd, Part of Lot 3,
Con. 15) ................................................................................64
5.6
SPECIAL ZONE NO. 6 (Bear Creek Lots) ............................................64
5.7
SPECIAL ZONE NO. 7 (Nipissing, Part of Lots 13, 14, & 15 Con. 11 & 12) .....65
5.8
SPECIAL ZONE NO. 8 (Nipissing, Lot 12, Con. 9) ..................................65
5.9
SPECIAL ZONE NO. 9 (125 Hunters Bay Road) .....................................66
5.10
SPECIAL ZONE NO. 10 (Lillian Court, Part of Lot 18, Concession 19) ..........67
5.11
SPECIAL ZONE NO. 11 (3724 Alsace Road, Part of Lot 183 and Part of all Lot
184, Concession B) ....................................................................67
5.12
SPECIAL ZONE NO. 12 (4383 Highway 654) ........................................67
SECTION 6
- HOLDING PROVISIONS AND TEMPORARY USE BY-LAWS ................ 69
6.1
HOLDING PROVISIONS ................................................................69
6.2
TEMPORARY USE BY-LAWS ...........................................................69
SECTION 7
- ADMINISTRATION .............................................................. 70
7.1
ADMINISTRATION AND ENFORCEMENT ..............................................70
7.2
APPLICATIONS FOR BUILDING PERMITS .............................................70
7.3
EFFECTIVE DATE .......................................................................70
7.4
REMEDIES ...............................................................................70
7.5
VIOLATION AND PENALTY ............................................................70
SCHEDULE "B" TO BY-LAW NO. 2020-20 ................................................... 72
SCHEDULES
Schedule A - Zoning Schedule
Schedule B - Performance Standards
THE TOWNSHIP OF NIPISSING
ZONING BY-LAW NO. 2020-20
BEING A BY-LAW TO REGULATE THE USE OF LAND,
BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF NIPISSING
WHEREAS the authority is granted under Section 34 of The Planning Act, R.S.O. 1990, as
amended, to pass by-laws prohibiting and regulating the use of lands, buildings and
structures and the type of construction, height, bulk, location, spacing and character of
buildings and structures to be erected or altered;
AND WHEREAS the Council of the Township of Nipissing deems it necessary and desirable,
and in the public interest to repeal all other Zoning By-laws in the Township of Nipissing,
specifically By-law 980, 1068, 1090, 1091, 2009-40, 2011-14, and 2012-12.
AND WHEREAS Council of the Township of Nipissing deems it necessary and desirable to
formally waive the two year moratorium for Zoning By-law Amendments and Minor
Variances in accordance with the provisions of Sections 34 (10.0.0.1 and 10.0.0.2) and
45 (1.3 and 1.4) of the Planning Act.
AND WHEREAS the Corporation of the Township of Nipissing has an Official Plan;
AND WHEREAS this by-law conforms to the Official Plan for the Township of Nipissing;
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
NIPISSING ENACTS AS FOLLOWS:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
1
SECTION 1
- INTERPRETATION
1.1
APPLICATION
In their interpretation and application, the provisions of this By-law shall be held to the
minimum requirement adopted for the promotion of the public health, safety,
convenience or general welfare. Whenever the requirements of this By-law are at
variance with the requirements of any other By-law, the most restrictive, or the By-law
imposing the higher standards, shall govern and apply. Nothing in this By-law shall be
construed to exempt any person from complying with the requirements of any By-law of
the Township of Nipissing or from any statute or requirement of the Province of Ontario
or of the Government of Canada.
1.2
APPLICABILITY OF "USE"
Unless the context otherwise requires, the expression "use" or "to use" in this By-law
includes anything done or permitted by the owner or occupant of any land, building or
structure, directly or indirectly or by or through any trustee, tenant, servant, or agent,
acting for or with the knowledge or consent of such owner or occupant, for the purpose
of making use of the said land, building or structure.
1.3
CLOSED STREET, LANE OR RIGHT-OF-WAY
In the event a dedicated street, lane or right-of-way shown on Schedule A forming part
of this By-law is closed, the property formerly in such street, lane or right-of-way shall
be included within the Zone of the adjoining property on either side of such closed
street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary
between two or more different Zones, the new Zone boundaries shall be the former
centre line of the closed street, lane or right-of-way.
1.4
COMMITTEE OF ADJUSTMENT
Where the uses of land, buildings or structures permitted in the By-law are defined in
general terms, the Committee of Adjustment may permit the use of any land, building
or structure for any purpose that, in the opinion of the Committee, conforms with the
uses permitted in the By-law.
1.5
DEFINED AREA
This By-law applies to all land within the municipal boundaries of the Corporation of the
Township of Nipissing.
1.6
DEFINED ZONE AREAS
The extent and boundaries of all Zones are shown on Schedule A are hereby defined as
areas to which the provisions of this By-law shall apply. The area enclosed by any zone
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
2
consists of all land lying within the zone boundaries, including streets, right-of-ways,
and watercourses.
1.7
LITIGATION
This By-law does not affect the rights of any party or any land concerned in any action,
litigation or other proceeding pending on the date of the final passage thereof, except
to the extent to be determined in the final adjudication of such action, litigation or
other proceedings.
1.8
REPEALS
Upon the final approval of this By-law, all other Zoning By-laws in the Township of
Nipissing are hereby repealed, specifically By-law 980, 1068, 1090, 1091, 2009-40, 2011-
14, and 2012-12.
1.9
SEVERABILITY
If any provision of this By-law, including any part of any Zone as shown on any Schedule,
is for any reason held to be invalid, it is hereby declared to be the intention that all the
remaining provisions shall remain in full force and effect until repealed, notwithstanding
that one or more provisions shall have been declared to be invalid.
1.10
SHORT TITLE
This By-law may be cited as "The Township of Nipissing Zoning By-law".
1.11
SINGULAR AND PLURAL WORDS
In this By-law, unless the context clearly requires otherwise, words used in the singular
include the plural and vice versa.
1.12
SITE SPECIFIC ZONES
This By-law identifies site specific zones with a Special Zone. Where a property on the
attached Schedule(s) is identified by a SZ, and a number, such as SZ1, the symbol refers
to a site-specific zone that applies to the lands noted. Site-specific zones are listed in
Section 5 of this By-law.
1.13
HOLDING ZONES
Notwithstanding any other provision in this By-law, where a Zone symbol is followed by
the letter (H), no person shall use the land to which the letter (H) applies for any use
other than the use which existed on the date this By-law was passed, until the (H) is
removed in accordance with the policies of the Official Plan and the provisions of this
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
3
By-law and/or the requirements of any amending By-law, and the requirements of the
Planning Act, as amended.
1.14
TEMPORARY USE ZONES
Notwithstanding any other provision in this By-law, where a Zone symbol is preceded by
the Letter (T), no person shall use the land to which the letter (T) applies for any use
other than the use identified in the applicable zone or use identified in Section 6.2.1,
until such time that the applicable by-law under section 6.2.1 expires.
1.15
USE OF LAND, BUILDING, OR STRUCTURE
Except as provided by the Planning Act of Ontario no building, structure or land shall be
used, and no building or structure shall be hereafter erected, structurally altered or
enlarged, and no lot created within the limits of the Municipality as now or hereafter
legally constituted except in conformity with the provisions of this By-law.
1.16
ZONE SCHEDULES
Schedules A and Schedule B attached hereto, are hereby declared to form part of this
By-law.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
4
SECTION 2
- DEFINITIONS
ABATTOIR means a use, building or structure specifically designed to accommodate the
penning and slaughtering of live animals and fowl and the preliminary processing of
animal carcasses and may include the packing, treating, storing and sale of the product
on the premises.
ACCESSORY means a use, building or structure that is naturally and normally incidental,
subordinate and exclusively devoted to the principal use, building or structure and
located on the same lot therewith. Accessory may include the temporary storage of a
travel trailer, ice bungalow or ice-hut, provided the same is not used for sleeping or
cooking during such period of temporary storage.
AGRICULTURAL SERVICES means the use of land, structure or building for the purposes
of buying and selling commodities and services that are necessary to support agricultural
operations but does not include any manufacturing, assembling, processing,
warehousing, or construction uses.
AGRICULTURAL, USE means the use of land, buildings or structures for the purposes of
animal husbandry, horticulture, dairying, fallow and / or forestry, and shall include
crops and pasturage, raising of poultry and other similar uses and shall include a fruit
and vegetable market and maple syrup operation. An agricultural use does not include
the extraction, mining, or excavating of peat for commercial purposes.
ALTER means to change an existing structure in any fashion that requires a building
permit under the Ontario Building Code Act.
ANIMAL HOSPITAL means a building or structure where animals, including birds and
livestock are treated and where domestic animals, including birds are kept for
treatment and shall include a veterinary establishment and a veterinary clinic, but not
a kennel.
ARTISAN OPERATION means an establishment where articles or goods are produced,
assembled, processed or manufactured on a custom or individual basis by an artist,
craftsman or similar trained or skilled operator and may include the sale of such goods,
including but not limited to the operations of a painter, potter, custom dressmaker,
photographer, jewelry maker, woodworker, cabinet maker, sculptor, model builder and
sign maker.
AUTO BODY SHOP means an establishment for the repair of damage to a motor vehicle
caused by collision, accident, corrosion or age, and, without limiting the generality of
the foregoing, includes the reconstruction of motor vehicles, the painting or repainting
of motor vehicles and the rebuilding or conversion of automotive engines or engine
parts, but does not include a repair garage, an impounding yard, an automobile service
station or a gas bar.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
5
AUTOMOBILE SERVICE STATION means a building or a clearly defined space on a lot
where gasoline, propane, oil, tires, batteries and other similar products for the
maintenance of motor vehicles may be sold or where vehicles may be oiled, greased and
subjected to minor or running repairs essential to the actual operation of motor
vehicles. For the purpose of this definition, the sale of cold drinks, packaged foods,
tobacco and similar convenience goods for service station customers, may be allowed in
conjunction therewith as an accessory and incidental use to the principal operation.
BAKERY means a factory for producing, mixing, compounding or baking bread, biscuits,
ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal
is the principal ingredient, but does not include a restaurant or other premises where
any such product is made for consumption on the premises or a bake shop.
BAKE SHOP means a building or structure or part thereof where products of a bakery are
sold or offered for sale by retail, including incidental baking of products for retail or
wholesale.
BANK/TRUST COMPANY means an institution where money is deposited, kept, lent, or
exchanged.
BANQUET HALL means a building or part of a building used for the purpose of
entertaining a large group of people where food and liquor are generally provided.
BASEMENT means that space of the dwelling that is partly below grade which has more
than one-half of its interior height measured from floor to ceiling above the average
finished grade around the exterior of the building.
BED AND BREAKFAST ESTABLISHMENT means a single unit dwelling used incidentally to
provide accommodation and meals to transient travelers but does not include a
restaurant.
BERM means a raised barrier usually made of compacted soil separating two areas.
BOATHOUSE means an accessory building or structure which is designed or used only for
the sheltering or storage of boats, other forms of water transportation and related
equipment on or over the water.
BOAT LIFT means a structure located in a waterbody that is used to elevate a boat or
vessel and is attached to the lands under water.
BREEZEWAY means a roofed or covered outdoor passageway having sides which are open
and unenclosed.
BUFFER STRIP means a landscaped or naturally vegetated area of land devoted
exclusively to the provision of visual amenity and intended to obstruct or partially
obstruct the view between adjacent uses.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
6
BUILDING means any structure, whether temporary or permanent, used or built for the
shelter, accommodation or enclosure of persons, animals or chattels, other than a lawful
boundary wall or fence, and shall include any structure, loading dock, staging gallery,
wall, excavation, storage tank, gasoline pump, pump island, bleacher, fence, swimming
pool, grandstand, awning, bin, bunker or platform, vessel or vehicle used for any of the
said purposes.
BUILDING BY-LAW means any by-law of the municipality passed pursuant to the Building
Code Act.
BUILDING PERMIT means a permit required under the Building By-law.
BUILDING SUPPLY OUTLET means 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 improvement.
BULK FUEL STORAGE means the use of land, building or structure for the storage and
distribution of fuels and oils but not including retail sales or key lock operations.
BUS STORAGE means an area with or without a building for the storage and/or sheltering
of buses and may incorporate the servicing of such vehicles.
CABIN, HOUSEKEEPING means a separate building located in a licensed tourist
establishment designed to provide sleeping accommodations and facilities for the
preparation and cooking of food and intended to be rented or leased for recreational
uses from time to time throughout the year.
CABIN, TOURIST means a separate building designed to provide only sleeping
accommodation for the travelling or vacationing public
CAMPING ESTABLISHMENT means the use of land, managed as a unit, for the provision
of short term accommodation for tent trailers, travel trailers, recreation vehicles and
campers and includes accessory facilities which support the use, such as administration
offices, retail uses, laundry facilities, game rooms or other similar facilities but does
not include a mobile home park.
CANNABIS PRODUCTION FACILITY means premises used or occupied by a person
or
organization licensed by the Government of Canada for the production of cannabis or
cannabis products, including where cannabis or any of its derivatives, such as resin or
oils, is grown, cultivated, harvested, manufactured, processed, packaged, or labelled,
and associated activities permitted by the federal license, such as research and
development, storage, shipping, and destruction; this excludes industrial hemp.
CARPORT means an enclosed or partially enclosed structure having a minimum of sixty
percent (60%) open area with a roof which is designed or used for the storage of one or
more private vehicles.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
7
CELLAR means that space of the building that is partly or entirely below grade which
has one-half or less than one-half of its height measured from floor to ceiling above
finished grade around the exterior of the building.
CEMETERY means land that is set apart or used as a place for interment of the dead. A
cemetery may include such accessory uses as mausoleums, crematoriums and
columbariums.
CLINIC means a building or part thereof used for medical, dental, surgical or
therapeutical treatment of human beings, but where patients are not usually lodged
overnight.
CLUB, SERVICE means a meeting place for members of a Community service organization
or charity.
COMMERCIAL USE means the use of any land, building or structure for the purposes of
buying or selling commodities and supplying services, as distinguished from such uses as
manufacturing or assembling of goods, warehousing, contractors' yards and similar uses.
COMMUNITY FACILITY means any tract of land or building used for community activities
which may be used for ancillary commercial purposes and the control of which is vested
in the Municipality, a local board or commission thereof, or a non-profit community
organization.
CONSERVATION USE means the preservation, protection and/or improvement of the
components of the natural environment through management and maintenance for both
the individual and society's uses, both in the present and in the future.
CONTRACTOR'S YARD means an area with or without buildings used for the storage of
materials and equipment related to the construction industry.
CONVENIENCE STORE means a retail store serving the daily or occasional needs of the
residents of the immediate area with a variety of goods such as groceries, meats,
vegetables, beverages, dairy products, patent medicines and/or newspapers, but shall
not include an automobile service station.
COUNCIL means the Council of The Corporation of the Township of Nipissing.
DAY NURSERY means a day nursery within the meaning of The Day Nurseries Act of
Ontario, and amendments thereto.
DECK means an open, non-roofed and unenclosed accessory structure which is designed
for lounging or sunbathing and is attached to a building.
DECK, FREE-STANDING means an open, non-roofed accessory structure which is designed
for lounging or sunbathing and is not attached to a building, with the exception that a
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
8
gazebo may be erected on a free-standing deck, only where a gazebo is a permitted
structure.
DOCK means a temporary or permanent non-roofed structure located on a navigable
waterway, designed to provide docking and mooring services for a boat or other form of
water transportation.
DOMESTIC PET means cats; dogs; caged birds; aquarium fish; non-poisonous, non-
venomous and non-constricting arthropods, reptiles and amphibians; and small
mammals such as rabbits, gerbils, hamsters, guinea pigs, fancy mice and fancy rats.
DRIVING RANGE means a public or private area operated for the purpose of developing
golfing techniques, including miniature golf courses, but excluding golf courses.
DRY INDUSTRY means an industry which by the nature of its operation, process or
fabrication of raw materials or service rendered does not require a water supply other
than that available from within the limits of the lot upon which the use is located and
from which the only waste water discharges are stormwater drainage; or sanitary
sewage produced by normal sanitary and eating facilities required for employees.
DWELLING means a building, occupied or capable of being occupied as a home, residence
or sleeping place by one or more persons, but shall not include hotels, boarding and
rooming houses, motels, institutions, or hunt camps.
DWELLING UNIT means a group of rooms used or designed or intended to be used by one
or more persons as a single, independent and separate housekeeping establishment in
which food preparation and sanitary facilities are provided for the exclusive use of such
person or persons; and which has a private entrance from outside the building or from
a common hallway inside the building.
DWELLING, CONVERTED RECREATIONAL means a recreational dwelling converted to a
year round residential dwelling through renovation and alteration, by applying building
and construction standards applicable to a permanent residential dwelling.
DWELLING, RECREATIONAL means a dwelling unit, other than a mobile home dwelling
unit, which is used as a secondary place of residence for vacation and recreational
purposes only, from time to time during the year, but which is not to be used as a
principal residence by the owner or any other person.
DWELLING, SINGLE UNIT means a completely detached building consisting of one
dwelling unit other than a mobile home to which entrance is gained only by a private
entrance outside the building.
DWELLING UNIT, SECONDARY means a self-contained dwelling unit created by either an
interior renovation within an existing dwelling, or as an exterior addition, provided that
one entire face of the addition is attached to the principal dwelling, and shall not be
considered a second dwelling on the lot for the purposes of this By-law; or a self-
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
9
contained dwelling unit located within an accessory building.DWELLING UNIT,
ACCESSORY means a dwelling unit which is accessory to a permitted non-residential
principal use.
EAVE means a roof overhang, free of enclosing walls, without supporting columns.
EFFICIENCY UNIT means a part of a hotel or motel which contains sleeping facilities,
private sanitary facilities and cooking facilities which are located in not more than two
rooms, excluding the washroom.
EQUIPMENT SALES AND RENTAL ESTABLISHMENT, LIGHT means an establishment 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;
and appurtenances are repaired, or offered or kept for sale, rent, lease or hire.
EQUIPMENT SALES AND RENTAL ESTABLISHMENT, INDUSTRIAL means an establishment in
which machinery, equipment, furniture, fixtures and other goods, of a size and type
which would be used for business, industrial and major construction undertakings are
repaired, or offered or kept for sale, rent, lease or hire.
ERECT means build, construct, reconstruct, alter, enlarge and relocate and without
limiting the generality of the foregoing is taken to include any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining, structurally
altering any existing building or structure by an addition, deletion, enlargement or
extension.
EXISTING means existing as of the date of the final passing of this By-law.
EXTERIOR LIGHTING means any form of artificial illumination located outside of a
building or structure.
FARM IMPLEMENT SALES AND SERVICE ESTABLISHMENT means the use of land, buildings
or structures for the sale, storage or repair of equipment associated with the operation
of a farm.
FLOOD PLAIN means the area bordering a lake, swamp, river, stream, or water course
which is subject to flooding.
FLOOR AREA means the ground floor area of a building measured by the outside walls,
excluding, in the case of a dwelling house, any garage, carport, porch, veranda, deck
or sunroom (unless such sunroom is habitable at all seasons of the year).
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
10
FLOOR AREA, GROSS means the sum of all floors of a dwelling measured from the face
of the exterior walls, but excluding any basement, unfinished attic, garage, carport,
verandah, porch, deck or sunroom (unless the sunroom is habitable at all seasons of the
year) or other similar appurtenant structures.
FOOD STAND means a portable structure or vehicle where food is offered. A maximum
of 6 outdoor tables may be provided in association with this use.
FOOD STORE means a retail establishment primarily selling food as well as other
convenience and household goods.
FORESTRY USE means the general raising and harvesting of wood and without limiting
the generality of the foregoing, shall include the raising and cutting of fuel wood,
pulpwood, lumber, Christmas trees and other forest products.
FRUIT AND VEGETABLE MARKET means the commercial use of land, buildings or
structures, predominantly involved in the sale of fresh farm produce.
FUNERAL HOME means a commercial establishment providing funeral supplies and
services to the public.
GARAGE, PRIVATE means an accessory building either separate from or attached to the
main building, which is designed or used for the storage of one or more private vehicles
and the storage of household equipment, incidental to residential occupancy.
GARDEN CENTRE means the use of land, buildings or structures or part thereof for the
purpose of buying or selling lawn and garden equipment, furnishings and supplies and
includes a nursery garden.
GAS BAR means one or more pump islands, each consisting of one or more gasoline
pumps, and a shelter, which shall not be used for the sale of any product other than
liquids and small accessories required for the operation of motor vehicles, but shall not
include any other establishment otherwise defined or classified in this By-law.
GAZEBO means a free standing, roofed accessory structure which is not enclosed, except
by means of screening or glass and which is utilized for recreational purposes in
conjunction with the main building.
GOLF COURSE means a public or private area operated for the purpose of playing golf
including a par three golf course and including such ancillary uses as a driving range, a
miniature golf course, or a clubhouse.
GRADE, ESTABLISHED means, with reference to a building or structure, the average
elevation of the finished surface of the ground where it meets the exterior of all sides
of such building or structure, and, when used with reference to a street, road or highway
will refer to the elevation established by the Municipality or other designated authority.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
11
GROUP HOME means a single housekeeping unit in a residential dwelling in which three
to ten persons, (excluding supervisory staff or the receiving household), live under
responsible supervision consistent with the particular requirements of its residents. A
group home is licensed and/or approved for funding under Provincial statutes and
municipal by-laws.
HAZARD LAND means lands subject to natural environmental hazards, such as flood
susceptibility, poor drainage, organic soils, erosion, steep slopes or any other physical
condition or limitation which is hazardous to human life and/or property.
HEIGHT, BOATHOUSE when used with reference to a boathouse, height means the
vertical distance between the normal ordinary water's edge and the highest part of the
roof, in the case of a boathouse or any portion of a boathouse over water, and the
vertical distance between the established grade and the highest part of the roof, in the
case of a boathouse or any portion of a boathouse over land.
HEIGHT, BUILDING means the vertical distance of a building measured between the
established grade at the exterior walls and: (i) the highest point of the roof surface or
the parapet, whichever is greater of a flat roof; (ii) the roof deck line of a mansard roof;
(iii) the mean level between the eaves and the ridge of a gabled, hip, gambrel or other
type of pitched roof.
HEREAFTER means after the date of passing of this By-law.
HEREIN means anywhere in this By-law.
HEREOF means of this By-law.
HERETO means to this By-law or attached to this By-law.
HIGH WATERMARK means the normal ordinary high water mark of any body of water at
the time of the original survey of the Township unless the high water mark of any body
of water shall have been altered by the construction of a dam or dams operated by or
for a public authority, in which case, the measurement shall be from the maximum high
water mark as controlled by such dam or dams. A high water mark shall be determined
by depiction on a survey prepared by an Ontario Land Surveyor.
HOME INDUSTRY means a gainful occupation conducted primarily within a building or
part of a building accessory to a single unit dwelling.
HOME OCCUPATION means a gainful occupation conducted entirely within a dwelling
unit.
HOTEL means an establishment offering sleeping accommodation and usually meals and
refreshments to the travelling public and provided that not more than 25% of the
rentable units may be efficiency units.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
12
HOT TUB means a structure which is designed to contain water, is used in conjunction
with a high velocity water circulation system or air injection, and is generally not
emptied after each individual use.
HUMAN HABITATION means a place occupied by humans designed for living including but
not limited to, sleeping, eating or food preparation, including a den, library, exercise
room, hobby room, or enclosed sunroom.
HUNT CAMP means a building or structure having a maximum floor area of 70 square
metres consisting of one or more rooms which is at least partially furnished and may
include facilities for the preparation of food and overnight accommodation on a
temporary basis for use only during the hunting or fishing seasons but shall not include
any other establishments or use as may be defined or classified in this By-law.
ICE HUT means a building that is designed to be transported onto the ice of a lake for
shelter during fishing during winter months. When on land, an ice hut shall be
considered an accessory structure.
ICE BUNGALOW means an accommodation unit designed to be mobile and transported
onto the ice of a lake for temporary accommodation purposes during winter months.
When on land, an ice bungalow shall be considered an accessory structure.
INDUSTRIAL USE means the use of any land, building or structure designed for the
purpose of manufacturing, assembling, making, preparing, printing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting
for sale any goods, substance, article or thing, or any part thereof, and the storage of
building and construction equipment and materials, as distinguished from the buying
and selling of retail commodities and the supplying of personal services.
INSTITUTION means any land, building, structure or part thereof used for a non-
commercial purpose by any organization, group or association for the promotion of
charitable, educational or benevolent objectives but excluding any place of detention
or correction.
KENNEL means a place where dogs and other domestic animals other than poultry or
livestock are bred and raised, and are sold or kept for sale or boarded.
LANDSCAPING means any combination of trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving screening or other architectural
elements, all of which are designed to enhance the visual amenity of a property, to
regulate drainage, and/or to provide a screen to mitigate any objectionable aspects
that may detrimentally affect adjacent land.
LIVESTOCK means cattle, horses, pigs, goats, sheep, poultry, and similar animals
typically associated with an agricultural use.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
13
LIVESTOCK FACILITY means a building or structure where animals or poultry are housed
such as a livestock barn, including beef feedlots, and associated facilities for manure
storage.
LOADING SPACE means an area of land which is provided and maintained upon the same
lot or lots upon which the main use is located, for the temporary parking of one or more
commercial motor vehicles while merchandise or materials are being loaded or unloaded
from such vehicle(s).
LOT means a parcel of land, whether such parcel is described in a registered deed or is
shown on a registered plan of subdivision including any of its parts which are subject to
right-of-way or easement and which is capable of being conveyed.
LOT AREA means the total horizontal area within the lot lines of a lot.
LOT, CORNER means a lot at the intersection of two or more streets, or upon two parts
of the same street, the adjacent sides of which street or streets (or, in the case of a
curved corner, the tangents at the street extremities of the side lot lines) contain an
angle of not more than one hundred and thirty-five degrees. In the case of a curved
corner the corner of the lot shall be that point on the street line nearest to the point of
intersection of the said tangents.
LOT COVERAGE means that percentage of lot area covered by all buildings including
accessory buildings and a boathouse on/or adjacent to a lot but excluding uncovered
buildings or structures.
LOT DEPTH means the perpendicular distance measured in a horizontal plane between
the front and rear lot lines. Where these lines are not parallel, it shall be the length of
a line joining the mid-point of the front lot line with either the mid-point of the rear lot
line or in the case of a triangular lot the apex of the triangle formed by the side lot
lines.
LOT, FRONTAGE means the horizontal distance between the side lot lines measured
along the front lot line, except that: (i) where the front lot line is not a straight line or
is not perpendicular to the side lot lines but the side lot lines are parallel, lot frontage
means the horizontal perpendicular distance between the side lot lines; and (ii) where
the side lot lines are not parallel, the lot frontage is to be measured by a line six (6)
metres back from the parallel to the chord of the lot frontage, and for the purpose of
this paragraph, the chord of the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot line.
LOT, INTERIOR means a lot other than a corner lot with only one frontage on a road.
LOT LINE means any boundary of a lot.
LOT LINE, EXTERIOR SIDE means the longer lot line which abuts the road on a corner lot.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
14
LOT LINE, FRONT means the lot line that abuts the road except that: (i) in the case of a
corner lot, the shorter lot line that abuts the road shall be deemed to be the front lot
line; and (ii) in the case of waterfront lot, the front lot line shall be the normal ordinary
water's edge or the line of the inner limit of the original road allowance along the shore
of such body of water.
LOT LINE, INTERIOR SIDE means a side lot line other than an exterior side lot line.
LOT LINE, REAR means the lot line furthest from or opposite to the front lot line.
LOT LINE, SIDE means a lot line other than a front or rear lot line.
LOT, WATERFRONT means a lot which fronts on a navigable body of water or upon an
unopened and unstopped up-road allowance laid out along the shore of a navigable body
of water.
MAIN BUILDING means the building designed or used for the principal use on the lot.
MAIN WALL means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully or partially enclosed space or roof, where
such members are nearer to a lot line than the said exterior wall.
MARINA means a commercial establishment or premises, containing docking facilities or
mooring facilities where boats or boat accessories are berthed, stored, serviced,
repaired, 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.
MINERAL AGGREGATE RESOURCE USE means the use of land or buildings for the
extraction and processing of raw materials from the earth, which would include
quarrying, sand and gravel pit operations and associated operations such as washing,
screening, crushing and storage of sand, gravel, ballast, stone aggregate, clays, brick,
and other surface and sub-surface resource materials. It is also deemed to include
accessory and associated operations such as cement and concrete batching plants,
asphalt and road materials operations, offices and weight equipment, conveyers,
parking and garage areas for trucks, as well as incidental accessory uses such as water
storage.
MOBILE HOME means any dwelling that is designed to be mobile, and constructed or
manufactured to provide a permanent residence for one or more persons certified in
accordance with C.S.A. Standard Z240.
MOBILE HOME PARK means a parcel of land which has been developed for the placement
of mobile homes.
MOTEL means a roadside hotel for motorists, having rooms adjacent to an outside
parking space.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
15
MOTOR VEHICLE, COMMERCIAL means any vehicle used for commercial purposes having
permanently attached thereto a truck or delivery body and without limiting the
generality of the foregoing, includes: ambulances, hearses, motor buses, etc.
MOTOR VEHICLE, SALES AREA means any land, building or structure where new or used
automobiles, trucks, buses, recreational vehicles, all terrain vehicles, motorcycles,
snow machines, boats, etc. are kept for sale or rent and in conjunction with which there
may be a motor vehicle repair garage or body shop.
MUNICIPAL LAW ENFORCEMENT OFFICER means a person duly appointed by Council as a
Municipal Law Enforcement Officer and charged with the duty of enforcing the by-laws
of the municipality.
MUNICIPALITY means the Corporation of the Township of Nipissing.
NON-COMPLYING means that which does not conform, comply or agree with the
regulations of this By-Law as of the date of final passing thereof
NON-CONFORMING USE means a use which is not permitted in the zone in which the said
use is situated.
NORMAL ORDINARY WATER'S EDGE means the observable mark made by the action of
water under normal conditions on the shore or bank of a body of water which action has
been so common and usual that it has created a difference between the character of
the vegetation or soil on one side of the mark and the character of the vegetation or
soil on the other side of the mark.
NORMAL ORDINARY WATER'S EDGE, LAKE NIPISSING means the regulated summer normal
elevation for Lake Nipissing of 195.8 metres Canadian Geodetic Datum.
NURSERY GARDEN means land used for the growing of sod, flowers, bushes, trees or
other gardening, landscaping or orchard stock for wholesale or retail sale.
NURSING HOME means a building in which rooms or lodging are provided for hire or pay,
with or without meals, and where personal care, nursing services and medical care and
treatment are provided or made available.
OBNOXIOUS USE means an offensive trade within the meaning of the appropriate statute
or any use which is offensive or dangerous by reason of the emission of odour, smoke,
dust, noise, gas fumes, vibration or refuse matter.
OFFICE means a room or rooms where business may be transacted, a service performed
or consultation given, but does not include a clinic or the manufacturing, assembling or
servicing of any product.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
16
OPEN SPACE, USABLE means open, unobstructed space on a lot which is suitable for
landscaping, including any part of the site occupied by recreational accessory buildings,
any surfaced walk, patio or similar area, any sports or recreational area, any ornamental
or swimming pool, any balcony at least one and five-tenths (1.5) metres in width and
the roof or other part of a building or structure open to the air and used for landscaping
and as a recreational area, but excluding any driveway or ramp, whether surfaced or
not, and any curb, retaining wall, parking area or loading space.
OPEN STORAGE means the storage of goods in the open air or in unenclosed portions of
buildings which are open on the sides, but shall not include a limited display of goods
and products for advertising and demonstration purposes.
PARK means an area consisting largely of open space, which may include a recreational
area, playground, playfield or similar use but shall not include a mobile home park or a
camping establishment.
PARKlNG AREA means an area other than a street used for the temporary parking of two
or more motor vehicles as accommodation for visitors, clients, customers, residents or
employees whether free or for profit or gain.
PARKING SPACE means an area enclosed in a principal building, in an accessory building
or unenclosed, set aside for the purpose of parking one vehicle having access to a street
or lane.
PERSON means any individual, association, firm, partnership, incorporated company,
corporation, agent or trustee and the heirs, executors or other legal representatives of
a person to whom the context can apply according to law.
PERSONAL SERVICE ESTABLISHMENT means an establishment wherein a service to meet
some general personal need or to benefit the personal needs of individuals is performed.
This definition may include a barber shop, a beauty salon, a dress-making shop, a shoe
repair shop, a tailor shop, a laundromat, a photographic studio or similar use, but shall
not include a funeral home or the manufacturing or fabrication of goods for sale.
PIT means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral
or other material is being or has been removed by means of an open excavation to supply
material for construction, industrial or manufacturing purposes, but does not include a
wayside pit.
PLACE OF ENTERTAINMENT means a motion picture or other theatre, auditorium, public
hall, billiard or pool room, bowling alley, dance hall, or music hall, but does not include
any place of entertainment or amusement otherwise defined or classified in this By-law.
PLACE OF WORSHIP means a building dedicated to religious worship and may include
such accessory uses as a nursery school, an assembly hall, a school of religious
education, convent, monastery or parish hall.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
17
PORTABLE ASPHALT PLANT means a facility which is not of permanent construction but
is designed to be dismantled and moved to another location as required, with equipment
designed to heat and dry aggregate and mix aggregate with bituminous asphalt to
produce asphalt paving material and includes stockpiling of bulk materials used in the
process.
PRINCIPAL USE means the predominate purpose for which any land, building, structure
or premises, or part thereof, is used, designed, arranged, occupied or maintained.
PRIVATE PARK means any open space or recreational area, other than a public park,
owned and operated or maintained in whole or in part for profit by an organization on
a commercial and/or private members basis, and may include therein one or more
swimming, wading and boat facilities, picnic area, ski area, gardens or refreshment
rooms.
PRIVATE ROAD means a road which affords access to abutting lots and is not maintained
by a public authority.
PUBLIC AUTHORITY means any Federal, Provincial or municipal agency and includes any
commission, board, authority or department established by such agency.
PUBLIC PARK means an area of public land specifically defined or set aside for use by
and for the general public in both active or passive recreational uses; and includes all
landscaping, facilities and apparatus, playing fields, utilities, buildings and other
structures that are consistent with the general purposes of public parkland, and whether
or not such recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning the park and
may include public and private cemeteries.
PUBLIC ROAD, OPENED means a public highway, public road or street which has been
assumed for public use and is maintained by the Municipality or other public authority.
PUBLIC UTILITY means any facility or building provided by the Township of Nipissing,
the Province of Ontario, or the Government of Canada or their agencies or by a gas,
hydro, telephone or railway company for the supply of utility services.
PUMPHOUSE means a structure designed to enclose a water pump.
QUARRY means 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.
RECREATIONAL USE means the use of any land, building, structure or equipment for
outdoor and indoor sports and games including a swimming pool, tennis court, ball field,
soccer field, skating rink or arena, open air theatre, playgrounds and other similar uses,
but does not include a shooting gallery, or archery, rifle, pistol skeet or trap range, a
race track or commercial amusement park or theatre.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
18
RECREATIONAL VEHICLE means any vehicle so constructed that it is used for temporary
eating and sleeping accommodation for travel, vacation and/or recreational use, or as
further defined in the Motor Vehicles Act for Ontario. Such vehicle shall include tourist
trailers, motorized homes, tent trailers and campers mounted on motorized vehicles.
REPAIR GARAGE means an establishment for the repair or replacement of parts in a
motor vehicle and without limiting the generality of the foregoing, shock absorbers,
transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating
or cooling systems, ignition systems, mechanical or electrical parts or systems, the
installation of undercoating, engine tuning, lubrication and engine conversion or
replacement, but does not include an auto body shop, an impounding yard, an
automobile service station or a gas bar.
RESTAURANT means a building or structure or part thereof where food is prepared and
offered for sale to the public for consumption primarily within the building or structure
and as accessory use thereto may be engaged in providing customers with take-out
service.
RESTAURANT, TAKE-OUT means a building or structure or part thereof where food and
drink is prepared and served to the public for consumption outside of such building or
structure or part thereof.
RETAIL STORE means a building or part thereof where goods, services, wares,
merchandise, substances, articles or things are offered or kept for sale or rent by retail
directly to the public, but does not include any manufacturing process or construction
uses.
RIDING STABLE means land and buildings used to house horses and for their exercise and
training and may include a school boarding stables, tack shop or other related uses.
RIGHT-OF-WAY means an easement for access over one or more lots.
SALVAGE YARD means land or buildings used for an automobile wrecking yard or
premises, the keeping and/or storing, of used building products, waste paper, rags,
bones, bottles, bicycles, automobile tires, old metal, other scrap material or salvage
and where such materials are bought, sold, exchanged, baled, packed, disassembled or
handled for further use.
SAWMILL means a building, structure or area where timber is cut, sawed or planed,
either to finished lumber, or as an intermediary step and may include facilities for the
kiln drying of lumber and mayor may not include the distribution of such products on a
wholesale or retail basis.
SCHOOL means a public school, a separate school, a university, a college or a private
school authorized by the authority having jurisdiction.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
19
SENSITIVE AREA means areas of land and/or water of ecological or geological importance
which are sensitive because of their uniqueness. This uniqueness is often related to one
or more functions, such as, scientific research, education and interpretation, species
maintenance, conservation of unique or representative occurrences of flora, fauna, land
forms or geology.
SEPTIC SYSTEM means a sewage treatment unit as defined by the Ontario Building Code
Act. A septic system shall include all components of the system, including the mantel.
SERVICE INDUSTRY means an establishment for servicing or repairing any of the
following: tires, including vulcanizing or retreading, batteries, brakes or radiators,
automotive ignition, exhaust or electrical systems, snowmobiles, outboard motors,
furnaces or oil burners, water or air coolers or domestic water heaters, fixtures or
equipment pertaining to any of the above or any other like articles. Service industry
also includes a printing establishment, a laundry or cleaning establishment, a paint,
plumbing, welding or sheet metal shop and similar uses.
SERVICE OR REPAIR SHOP means any building or part thereof used primarily for the
servicing or repairing of household articles and shall include radio, television, home
entertainment and household appliances but shall not include industrial or
manufacturing or motor vehicle repair shops.
SETBACK means the distance between any lot line and the nearest part of any main wall
of any building or structure on the lot.
SHORELINE means any lot line or part thereof which abuts a navigable waterway, or a
Crown land shoreline reserve.
SITE PLAN means a scaled drawing showing the relationship between the lot lines and
the uses, buildings or structures existing or proposed on a lot, including such details as
parking areas, access points, exterior lighting, driveways, walkways, landscaped areas,
walls, fences, vaults, storage and collection areas, building areas, setbacks from lot
lines, height and areas for special uses.
STORAGE CONTAINER means the trailer portion of a tractor-trailer unit or transport
truck without the running gear, or a rail or seaway container traditionally used for the
shipping and transportation of goods and materials.
STOREY means the portion of a building, other than a basement or cellar, between the
surface of any floor and the surface of the floor next above, or, if there is no floor above
it, that portion between the surface of such floor and the ceiling above it.
STREET LINE means the boundary line between a lot and a street, road or highway.
STRUCTURE means anything that is erected, built or constructed of parts joined together
or any such erection fixed to or supported by the soil or any other structure. For the
purposes of this By-law, a fence not exceeding one and 1.9 metres in height shall be
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
20
deemed not to be a structure and for the purpose of setbacks or yards required in this
By-law, a sign shall not be deemed to be a structure. This definition shall include septic
systems, swimming pools and hot tubs.
SWIMMING POOL mean a structure other than a hot tub, which holds water exceeding
91 centimetres in depth at any point and is used for recreational purposes.
TEMPORARY USE means the use of land, building or structure for a fixed period of time
with the intent to discontinue such use upon the expiration of the time period.
TOP OF BANK means the location up-slope from the scoured channel of a stream, or
shoreline of other waters, where an abrupt change in slope occurs.
TOURIST
ESTABLISHMENT
means
an
establishment
that
provides
sleeping
accommodation, with or without meals, including tourist cabins, housekeeping cabin, a
motel, a motor court, an auto court, a hotel and all buildings operating under The
Tourism Act, as amended.
TRAILER means a vehicle that is at any time drawn upon a highway by a motor vehicle
and for the purposes of this By-law does not include a mobile home.
TRAILER, CONSTRUCTION means any trailer designed to be temporarily located on a
parcel of land during the construction of a building or the development of land utilized
for temporary shelter and/or the storage of equipment related to the construction
occurring on the land and having the running gear and towing equipment permanently
attached.
TRAILER, PARK MODEL means a trailer that is designed in accordance with CSA Z241
standards.
TRAILER, TRAVEL OR TENT means 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 that is permanently attached and is not
permanently affixed to the ground.
USE means the purpose for which a lot or building or a structure or any combination
thereof is designed, constructed, arranged, occupied, maintained or utilized.
VEGETATIVE BUFFER means an area of land consisting of forest or indigenous vegetation
that is maintained in a natural state to help filter sediment nutrients and other
pollutants from runoff into the waterbody and to maintain the natural aesthetic quality
of natural environments.
VOLUME means the measurement of three dimensional space (cubic metres) within the
enclosed portion of a building, structure or natural feature.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
21
WAREHOUSE means a building or part of a building used primarily, for the housing,
adapting for sale, storage and distribution of goods, wares, merchandise, food stuff,
substances or articles and may include facilities for a wholesale or retail commercial
outlet.
WASTE DISPOSAL SITE means a place where garbage, refuse or domestic or industrial
waste is disposed of or dumped and which is approved by the applicable Government
agency(ies).
WATER ACCESS LOT means a lot that has frontage on a waterbody and is not capable of
obtaining access from a Provincial highway, road, or private road.
WATERBODY means any bay, lake, natural watercourse or canal, other than a drainage
or irrigation canal.
WATERCOURSE means the natural channel for a perennial or intermittent stream of
water including a river or stream.
WATERFRONT LANDING means the use of land as a docking and parking facility, which
serves as a mainland access point for a commercial or residential property that are
accessible by water.
WAYSIDE PIT or WAYSIDE QUARRY means 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.
WETLANDS means lands that are seasonally or permanently covered by shallow water,
as well as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has favoured
the dominance of either hydrophytic or water tolerant plants. The four major types of
Wetlands are swamps, marshes, bogs, and fens.
WETLANDS, SIGNIFICANT means those wetlands identified as provincially significant
wetlands by the Ministry of Natural Resources through an evaluation system.
WHOLESALE USE means any establishment in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale or rent by wholesale to others,
for resale and to industrial and commercial users.
YARD means an open, uncovered and unoccupied space appurtenant to a building.
YARD, EXTERIOR SIDE means the side yard of a corner lot, which side yard extends from
the front yard to the rear yard between the exterior side lot line abutting a street and
the nearest main wall of any main building or structure on the lot.
YARD, FRONT means a yard extending across the full width of the lot between the front
lot line and the nearest main wall of any main building or structure on the lot.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
22
YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
YARD, REAR means a yard extending across the full width of the lot between the rear
lot line and the nearest main wall of any main building or structure on such lot.
YARD, REQUIRED means the minimum yard required by the provisions of this By-Law.
YARD, SIDE means a yard between the nearest main wall of any main building or
structure and the side lot line extending from the front yard (or front lot line if no front
yard is required) to the rear yard (or rear lot line if no rear yard is required).
YARD, WATER means a yard extending from the normal ordinary water's edge on any
body of water to the nearest wall of any building or structure on the lot.
YURT means a circular domed seasonal structure for accommodation that is portable
and self-sufficient, usually consisting of a wooden frame covered by felt or canvas.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
23
SECTION 3
- GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section apply to all zones except as may be indicated otherwise.
3.2
ACCESS REGULATIONS TO IMPROVED STREET
No person shall erect any building or structure in any zone unless the lot upon which
such building or structure is to be erected abuts an opened public road which is presently
being maintained year-round by the Municipality or the Province of Ontario.
3.2.1
Exemption for Water Access Lots
The provisions of Section 3.2 do not apply to a dwelling provided the lot is a lot of record
or separate parcel that was in existence on October 30, 1980 or is a lot created by
consent or by plan of subdivision under Section 51 of the Planning Act and which has
frontage on Ruth Lake, Wolfe Lake, McQuaby Lake, Lake Nipissing or the navigable
portion of the South River and the lot has water access.
3.2.2
Exemption for Pits, Quarries and Hydro Facilities
The provisions of Section 3.2 do not apply to buildings or structures associated with pits,
quarries and electric power transmission facilities.
3.2.3
Exemption for Hunt Camps and Maple Syrup Operations
The provisions of Section 3.2 do not apply to hunt camps or maple syrup operations.
3.3
ACCESSORY BUILDINGS, USES, OR STRUCTURES
Accessory uses, buildings or structures are permitted in any zone, subject to the
provisions of the said zone and the following:
a)
No accessory building or structure may be used for human habitation,
unless otherwise permitted by this By-law. The use of any accessory
building or structure for the keeping of animals, other than domestic
pets, is not permitted in any Residential, Hamlet (RH) Zone, Shoreline
Residential, (SR) Zone or Limited Service Residential (LSR) Zone.
b)
An accessory building shall not be erected prior to the erection of a
permitted dwelling on the same lot except where it is necessary for
the storage of tools and materials for use in connection with the
construction of such dwelling and no accessory building shall be used
prior to the erection of such dwelling for any purpose other than such
storage.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
24
c)
Notwithstanding any other setback required by this By-law, no
accessory building or structure shall be located closer than 3 metres
to a side lot line or a rear lot line. In no case shall an accessory
building be located closer than 8 metres to a road.
d)
No accessory building shall exceed 4.5 metres in height in any
Residential Zone. On lots less than 5 hectares in the Rural Zone the
maximum height of an accessory building is 6.5 metres. On lots
greater than 5 hectares the maximum height for an accessory building
is 11 metres.
e)
A gazebo shall not be permitted in the front yard of a property in the
Shoreline Residential (SR) Zone or the Limited Service Residential
(LSR) Zone.
f)
A gazebo shall have a maximum floor area of 15 square metres.
g)
Notwithstanding the provisions of Sub-section 3.3 c), in any Industrial
Zone, an accessory building shall comply with all regulations required
by this By-law for the main building on the lot.
h)
In any Industrial Zone, an accessory commercial use shall be
permitted within the main building provided that the said use does
not exceed 10 percent of the gross floor area or a maximum area of
100 square metres whichever is the lesser.
i)
All accessory uses, buildings and structures to a permitted principal
use shall be located on the same lot.
3.4
AGRICULTURAL USES - MINIMUM LOT AREA
In any zone where agricultural uses are permitted, livestock shall only be permitted on
lots greater than 2.0 hectares. For properties between 1.0 hectare and 2.0 hectares, a
maximum of 20 chickens may be permitted.
3.5
AMENITY REQUIREMENTS
Notwithstanding any other provisions of this By-law, where a lot in any Commercial or
Industrial Zone fronts on a street opposite a Residential Zone or abuts a Residential
Zone, the following amenity requirements shall be provided:
a)
A strip of land not less than 6 metres in width along the front, side
and/or rear lot lines, within the Industrial or Commercial Zone and
adjacent to the Residential Zone shall be adequately landscaped
except where used for entrances and exits.
b)
No open storage shall be permitted in any yard adjacent to the
Residential Zone.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
25
c)
Exterior lighting and illuminated signs shall be so arranged as to
deflect light away from the adjacent Residential Zone.
3.6
BED AND BREAKFAST ESTABLISHMENTS
In all Zones where a bed and breakfast establishment is a permitted use, the following
shall apply:
a)
The number of guest rooms shall not exceed 4.
b)
A minimum of 1 parking space for each guest room shall be required.
c)
Subject to applicable and required permits and approvals, one sign
not exceeding 1 square metre in size shall be permitted in the front
yard.
3.7
BOATHOUSE, PUMPHOUSE AND DOCKING FACILITIES
Unless otherwise prohibited by this By-law, a boathouse, pump house, or docking facility
may be erected and used in a yard abutting a navigable waterway provided that the
location complies with the required minimum side yard requirements for boathouses
and for accessory buildings or structures.
Where an encroachment onto the bed of the waterbody is proposed, permission to
construct or install the in-water and/or shoreline structure or facility shall only be
permitted if approval to occupy the area has been obtained from or meets the
prescriptive requirements of the authority having jurisdiction.
a)
Where a boathouse is permitted, the owner shall have acquired the
Shoreline Road Allowance, where existing, prior to the construction
of the boathouse.
b)
No more than 25% or a maximum of 23 metres of the shoreline
frontage of a lot, whichever is less, of any one residentially zoned
property shall be occupied by in-water or shoreline structures and
facilities.
c)
All boathouses, docks and marine facilities shall have a minimum
setback from the side lot line of 3 metres on a straight line projected
into the water from the shoreline.
3.7.1
Boathouses
a)
Where permitted by this By-law, a maximum of one boathouse shall
be permitted per lot.
b)
The width of the boathouse measured parallel to the shoreline shall
be included in the 25% or 23 metre limit on the construction or
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
26
installation of in-water structures and facilities along the shoreline
frontage of a lot in accordance Section 3.8 (b).
c)
The first 3 metres of a boathouse supporting structure adjacent to the
shoreline shall be an open span.
d)
A minimum of 50% of the total length of the boathouse supporting
structure that extends out from the shoreline shall be open span.
e)
A boathouse shall not exceed one storey and shall not exceed a height
of 6 metres.
f)
For the purposes of this Section, building height shall be the distance
above the normal or controlled water level. A gambrel or mansard
roof shall not be permitted on a boathouse.
g)
A maximum of 25% of the boathouse may be located inland of the
natural shoreline and the boathouse shall be located no further than
15 metres from the shoreline.
3.7.2
Docks and Boat Lifts
a)
The maximum length of a dock shall be 15 metres extending into the
waterbody, from the normal ordinary water's edge.
b)
The maximum combined surface area of all docks, including any
attached fingers, and open decks above the water but not including
docking within a boathouse, shall be 112 square metres.
c)
Gazebos, pergolas, or other like or similar structures shall not be
permitted on a dock.
d)
Boat lifts shall be located within or adjacent to the permitted dock
and/or boathouse.
3.7.3
Docks, Boat Lifts, Boathouses, Decks and Pumphouse - Restricted Area
a)
A dock, boat lift, boathouse, deck, pumphouse, fence or accessory
structure shall not be permitted on beach areas identified on
Schedule A to this By-law.
b)
A dock, boat lift or boathouse, deck, pumphouse, fence or accessory
structure shall not be permitted in the water adjacent to a beach area
identified on Schedule A to this By-law.
c)
A deck that is attached to the principal dwelling may be permitted in
the front yard of a lot in a beach area in accordance with the
provisions of this By-law.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
27
d)
An accessory structure may be permitted in the rear yard of a lot in a
beach area in accordance with the provisions of this By-law.
3.8
BUILDINGS TO BE MOVED
In all Zones, no building shall be moved within or into the limits of the area covered by
this By-Law without a permit from the Municipality, nor shall said building be moved
into any zone where it would not qualify as a permitted use.
3.9
DWELLING UNIT IN NON-RESIDENTIAL BUILDING OR LOT
No person shall use any lot, or erect, alter or use any building or structure for the
purpose of a separate dwelling unit on a lot zoned other than for residential uses or
within a portion of a non-residential building except in accordance with the following
regulations:
a)
Only one single unit dwelling unit for use by the owner or operator
shall be permitted except in the C1, C2 or C3 zones where the
permitted dwelling unit can be either a single detached or an
accessory dwelling unit in accordance with Section 3.12.
b)
The dwelling unit shall have a private water supply and sewage system
where such have been approved by the appropriate public authority.
c)
The single unit dwelling unit shall have a minimum floor area of 80
square metres.
d)
The dwelling unit shall have a separate parking space as provided by
sub-section 3.29 hereto.
3.10
DWELLING UNIT IN C1, C2 OR C3 ZONES
Where an accessory dwelling unit is permitted in a General Commercial (C1) Zone, a
Highway and Tourist (C2) Zone, or a Resort Commercial (C3) Zone the accessory dwelling
unit shall conform to the following provisions:
a)
The unit shall form a subordinate part of the commercial building.
b)
Pedestrian access to the residential portion of the building shall be
provided for the sole use of the dwelling units.
c)
Satisfactory access shall be provided for delivery vehicles to the
residential portion of said building.
d)
Satisfactory access from a road to a side yard or a rear yard shall be
provided for all commercial buildings to permit the carrying of goods
and supplies.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
28
3.11
DWELLINGS PER LOT
In this By-law, no more than one dwelling shall be permitted on any lot, unless otherwise
specified by this By-law.
3.12
SECONDARY DWELLING UNITS WITHIN A SINGLE UNIT DWELLING AND
WITHIN ACCESSORY STRUCTURES
3.12.1
Secondary Dwelling Units within a Single Unit Dwelling
A secondary dwelling unit shall be permitted within a single unit dwelling in the Hamlet
Residential (RH) Zone, the Estate Residential (RE) Zone and the Rural (RU) Zone. Any
secondary dwelling unit shall be developed in accordance with the following provisions:
a)
A maximum of one (1) secondary dwelling unit shall be permitted
within single unit dwelling.
b)
The doorway entrance that leads to a secondary dwelling unit is
limited to locations on the ground floor only, except where building
and fire codes dictate otherwise.
c)
Parking for the secondary dwelling unit shall be provided in
accordance with the parking provisions in this By-law.
d)
Notwithstanding any other provision in this By-law, the required
parking space for a secondary dwelling unit may be stacked behind
the required parking space of the principal dwelling in the driveway.
The creation of the secondary dwelling unit must not eliminate a
required parking space for the principal dwelling unit.
e)
The secondary dwelling unit shall not exceed 56.0 square metres of
any portion of the single unit dwelling that is located at or above
grade. Except for the entrance, any secondary dwelling unit located
entirely in the basement may occupy the entire basement regardless
of size.
f)
A secondary dwelling unit is not permitted in a non-conforming single
unit dwelling.
g)
The appropriate authority has approved the private sewage disposal
system to service the total sewage flow on the lot.
3.12.2
Secondary Dwelling Units within Accessory Buildings
A secondary dwelling unit shall be permitted within an accessory building in the Hamlet
Residential (RH) Zone, the Estate Residential (RE) Zone and the Rural (RU) Zone. Any
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
29
secondary dwelling unit within an accessory building shall be developed in accordance
with the following provisions:
a)
Only one (1) secondary dwelling unit within an accessory building shall
be permitted per lot, provided that the lot contains an existing
dwelling unit.
b)
The appropriate authority has approved the private sewage disposal
system to service the total sewage flow on the lot.
c)
A secondary dwelling unit shall not exceed 56.0 square metres of floor
area.
d)
One additional dedicated parking space above the requirements of
this By-law for the related zone shall be provided for the secondary
dwelling unit.
e)
The accessory building must be located in the interior side yard or
rear yard.
f)
The secondary dwelling unit shall only be permitted in accessory
structures that comply to the minimum yard requirements for the
principal building of the zone in which it is located.
g)
A secondary dwelling unit is only permitted on a lot with a minimum
lot area of 0.8 hectares.
3.13
BUILDINGS, STRUCTURES AND USES IN ENVIRONMENTAL PROTECTION (EP)
ZONES
The construction or installation of in-water shoreline structures and facilities shall not
be permitted in an Environmental Protection (EP) Zone.
3.14
FRONTAGE ON A HIGHWAY
Notwithstanding any other provision of this By-law, where a lot in any Commercial or
Industrial Zone fronts on a Provincial Highway and is not opposite any residential zone,
the following amenity requirements shall be provided:
a)
A strip of land not less than 1.5 metres in width along the front lot
line adjacent to the road shall be adequately landscaped.
b)
No front yard may be used for employee parking and any front yard
that is not used for driveways and visitor's parking spaces shall be
adequately landscaped.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
30
3.15
HAZARD LANDS OR LAND SUBJECT TO FLOODING
The erection of any building or structure requiring the construction of waterworks,
sewage or drainage facilities is prohibited in all Zones on land that is subject to flooding
on land that is rocky, low lying, marshy or otherwise unstable.
3.16
HEIGHT REGULATIONS
The height regulations in this By-law shall not apply to church spires, belfries, water
tanks, elevator enclosures, barns, silos, all agricultural structures, flagpoles, television,
radio or tower antennae, ventilators, skylights or chimneys, clock towers, wind
generators, windmills, solar energy collectors, air conditioners or incidental equipment
associated with internal building equipment.
3.17
HOME INDUSTRY
Where a home industry is permitted in any zone, the said use shall be maintained in
accordance with the following provisions:
a)
Such home industry is clearly secondary to the main residential use
and does not change the main residential character of the property.
b)
There is no external advertising other than a sign erected in
accordance with any by-laws of the corporation regulating signs.
c)
There is no external storage of goods, materials or equipment.
d)
Such home industry is not an obnoxious trade, business or
manufacture or which is a traffic generator that would impact
negatively on a provincial highway.
e)
Not more than two persons not resident in the dwelling are employed
therein on a full-time basis.
f)
The lot on which the use is proposed shall have at least 60 metres of
frontage and an area of not less than 1.6 hectares.
3.18
HOME OCCUPATION
Where a home occupation is permitted in any zone, the said use shall be maintained in
accordance with the following provisions:
a)
The occupation shall be carried on by a person or persons resident in
the dwelling unit.
b)
Not more than one assistant who is not a resident in said dwelling may
operate in or from said dwelling.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
31
c)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
d)
There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home
occupation other than one sign, not exceeding 0.2 square metres in
area, non-illuminated, and mounted flat against the wall of the
principal building.
e)
No home occupation shall be conducted in any accessory building.
f)
There shall be no goods, wares, or merchandise publicly offered or
exposed for sale on the premises.
g)
Such home occupation is not an obnoxious trade, business or
manufacture or which is a traffic generator that would impact
negatively on a provincial highway.
h)
One off-street parking space shall be provided for each twenty-eight
(28) square metres of floor area or portion thereof devoted to said
use in addition to that required for the dwelling.
3.19
ICE BUNGALOW AND ICE HUT
a)
An Ice Bungalow or Ice Hut shall only be permitted to be used for
human habitation, including temporary accommodation, when
located on ice.
b)
Notwithstanding any other provision of this by-law, no ice hut or ice
bungalow shall be stored within the required front yard or exterior
side yard of a lot.
3.20
LAKE NIPISSING FLOOD PLAIN AND OTHER FLOOD PLAINS
a) Notwithstanding any other provision of this By-law, no building intended
for human habitation shall be constructed in any zone within the flood
plain of Lake Nipissing unless all openings to such building are above an
elevation of 197.25 m C.G.D.
b) For lots subject to the fetch of Lake Nipissing:
i.
the building is setback at least 5 metres from the 197.25 m
C.G.D; and,
ii.
the building is located at least 15 metres from the top of bank.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
32
3.21
LANDSCAPING
a)
All required landscaping shall be maintained in a healthy condition.
b)
Where a Commercial or Industrial zone abuts any zone, other than
any class of Commercial or Industrial zone, a landscaped buffer not
less than 3 metres in width shall be provided within the Commercial
or Industrial zone boundary.
c)
Notwithstanding the above, a landscaped buffer may be reduced in
width to 1.5 metres where a coniferous planting strip or opaque
fence, 2 metres in height is provided in conjunction with the
landscaping.
d)
In Commercial Zones except the C1 Zone and Industrial Zones, a 1.5
metre landscaped buffer shall be provided abutting the front lot line,
exclusive of entrances.
e)
A 1.5 metre landscaped buffer shall be provided abutting the front lot
line, exclusive of entrances, in the case of a free-standing Parking Lot
in the General Commercial (C1) Zone.
3.22
LOADING REQUIREMENTS
For every building or structure to be erected or enlarged, or any land to be used in any
zone for any commercial or industrial purpose involving the movements of goods or
persons, loading spaces shall be provided in accordance with the following provisions:
FLOOR AREA OF BUILDING
LOADING SPACES REQUIRED
Less than 100 square metres
No space
For every additional 100 square
metres fraction thereof
One space
a)
Access to loading or unloading spaces shall be by means of a driveway
with a minimum width of 3 metres for one-way traffic, and a minimum
width of 6 metres for two-way traffic.
b)
The driveway, loading and unloading spaces shall be constructed and
maintained in a condition which provides for a stable surface that is
treated so as to prevent the raising of dust or loose particles and with
provisions for drainage facilities.
c)
The loading space or spaces required shall be located in the interior
side or rear yard unless set back from the street line a minimum
distance of 15 metres.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
33
d)
When a building or structure has insufficient loading space at the date
of the passing of this By-law to comply with the requirements herein,
this By-law shall not be construed to require that the deficiency be
made up prior to the construction of any addition. No addition may
be built, however, and no change of use may occur, the effect of
which would be an increase in that deficiency.
3.23
NON-COMPLYING LOTS, BUILDINGS AND STRUCTURES
a)
Expansion of Legal Non-Complying Buildings and Structures
Where a building or structure has been lawfully erected on a lot
having less than the minimum frontage and/or area, or having less
than the minimum setback, and/or yard or any other provision
required in this By-law, the said building or structure shall be deemed
to comply with this By-law with respect to any deficiency or
deficiencies; and further the said building or structure may be
reconstructed, replaced or renovated provided that:
i)
The, reconstruction, replacement or renovation does not
further reduce such setback and or front yard and/or side yard
and/or rear yard having less than the minimum required by
this By-law; and,
ii)
The reconstruction, replacement or renovation does not
further increase the volume of non-complying structure in
required yard; and,
iii)
All other provisions of this By-law are complied.
b)
Existing Undersized Lots
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 or correction of title, such smaller
lot may be used and a permitted building or structure may be erected
and/or used on such a smaller lot provided that all other applicable
provisions of this By-law are complied with and provided that a
sewage system that complies with the regulations under Building Code
can be installed on the lands.
c)
Undersized Lots Resulting From Boundary Adjustment or Lot Addition
Lots which have been increased in frontage or area following adoption
of this By-law as a result of a Planning Act approval, but still do not
comply with minimum area or frontage requirements of this By-law,
may also be used in accordance with Sub-section (b) and furthermore
no zoning amendment shall be necessary to legalize the undersized
lot.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
34
Undersized Lots Subject to Expropriation or Transfer to Public
Authority or Private Road Association
Existing undersized lots which have been decreased in frontage or
area following adoption of this By-law as a result of an expropriation
by public authority or transfer of land to a private road association,
but still do not comply with minimum area or frontage requirements
of this By-law, may also be used in accordance with Sub-section (b)
and furthermore no zoning amendment shall be necessary to legalize
the undersized lot
3.24
NON-CONFORMING USES
a)
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 two years, the
use will be deemed to have been discontinued.
b)
Exterior Extension
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, shall not be enlarged,
extended, reconstructed or otherwise structurally altered, unless
such building or structure is thereafter to be used for a purpose
permitted within such Zone, and complies with all requirements of
this By-law for such Zone unless these changes are necessary to
provide for flood proofing or insulation of the building.
c)
Interior Alteration
The interior of any building or structure which was lawfully used, prior
to the effective date of the By-law, for a purpose not permissible
within the Zone in which it is located, may be reconstructed or
structurally altered for the existing purpose for which such building
or structure was lawfully used.
d)
Restoration
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
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
35
or unless these changes are necessary to provide for flood proofing or
insulation of the building.
e)
Re-establishment of Existing Building and Structures
Nothing in this By-law shall apply to prevent the re-establishment of
any existing utilized non-conforming or non-complying building or
structure which is damaged by causes beyond the control of the
owner, other than flooding, provided a building permit is issued for
the re-establishment of the building or structure within 8 months of
the incident which rendered the building or structure unsafe or
unusable. The building or structure may be re-established in the same
location on which it existed on the date of passage of this By-law, but
the extent of non-conformity or non-compliance may not be further
increased.
Buildings and structures damaged or destroyed as the result of natural
flooding shall not be re-established except in accordance with the
provisions of this By-law.
f)
Building Permit Issued
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 for which the footings or foundations have been constructed
prior to the passing of this By-law, so long as the building or structure,
is substantially completed within one year after the date of the
passing of this By-law and a building permit is issued by the Chief
Building Official.
g)
Effective Date for Legal Non-Conformity
For the purpose of this By-law the effective date for the Legal Non-
Conforming Use provisions shall be June 6, 2000.
3.25
OCCUPANCY OF INCOMPLETE BUILDINGS
No building shall be occupied unless an occupancy permit has been issued by the Chief
Building Official.
3.26
OPEN OR OUTSIDE STORAGE PROHIBITED
Notwithstanding any other provisions of this By-law, no open or outside storage shall be
permitted in any front yard in any Zone.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
36
3.27
PARKING REQUIREMENTS
Any person who erects or enlarges a building after the date of enactment of this By-law,
in any Zone, shall provide an area for automobile parking located on the same lot with
the said building except in the case of a water access lot.
a)
Any parking area designed to serve water access lots shall have a
minimum area of 40 metres squared for each lot to be served and no
parking shall be permitted within 8 metres of the high water mark or
within 3 metres of any lot line abutting a lot in a Residential Zone.
b)
Adequate provisions for access to a street or public lane from each
individual parking space shall be provided.
c)
Where in this By-law parking facilities are required, the parking area
shall be maintained with a stable surface treated to prevent the
raising of dust and any lights erected thereon shall be directed away
from any adjacent lots. Parking areas in any residential zone shall be
located only in a side or rear yard.
d)
Such parking spaces shall be provided and maintained in accordance
with the following requirements and are accumulative when more
than one of the listed land uses is located within any building or
structure.
e)
Parking Spaces shall be required to be a minimum of 3 metres by 6
metres.
TYPE OF BUILDING
MINIMUM PARKING REQUIRED
Any single unit dwelling, accessory
dwelling, or recreational dwelling.
Two parking spaces per dwelling unit on
the lot.
Any secondary dwelling unit.
One parking space.
Any commercial use, clinic, general
office, home industry or commercial
floor space of the building.
One parking space for each thirty (30)
square metres of commercial floor space
of the building.
Auditorium, arena, church, hall,
restaurant, club and other places of
assembly.
One parking space for each four persons
that can be restaurant, club and other
accommodated or one parking space for
each 4.5 square metres places of
assembly of floor space devoted to such
use, whichever is greater.
Industrial Use
One parking space for each one hundred
(100) square metres of building floor
space on the lot.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
37
TYPE OF BUILDING
MINIMUM PARKING REQUIRED
Schools
One parking space for each teaching
staff member plus parking spaces for
places of assembly, as given above.
Government Buildings
One parking space for each four
employees plus a parking area for
visitors with a minimum capacity of ten
parking spaces.
Hotels, Motels and Tourist Cabins
One parking space for each guest room
or suite plus parking spaces for places of
assembly, as given above.
For each tent or trailer space in a
camping establishment
One parking space
3.28
PARKING REQUIREMENTS, EXISTING BUILDINGS HAVING LESS THAN
MINIMUM REQUIREMENT
When a building or structure has insufficient parking area at the date of the passing of
this By-law to comply with the requirements herein, this By-law shall not be construed
to require that the deficiency be made up prior to the construction of any addition.
However, no change of use may occur, the effect of which would be an increase in that
deficiency.
3.29
PARKING AREA STANDARDS
Where in this By-law, parking areas for more than four vehicles are required, the
following standards shall be met:
a)
Adequate drainage facilities shall be provided and maintained in
accordance with the requirements of the Municipality.
b)
Parking areas shall be constructed of crushed stone, asphaltic paving,
concrete, paver stones or similar materials and the limits of said
parking area shall be defined by a fence, curb or other suitable
obstruction designed to provide a neat appearance; and prevent the
encroachment of vehicles on adjoining property.
c)
Each parking space shall have an area not less than 3 metres by 6
metres and shall be provided with unobstructed access to a street by
a driveway, aisle or lane.
d)
The lights used for illumination of parking areas shall be so arranged
as to divert the light away from adjacent lots.
e)
For any parking area in a commercial or industrial zone which is
required to be used in winter, an additional area equal to 20% of the
parking area must be provided.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
38
f)
No sign other than directional signs and a sign indicating the name of
the owner, not exceeding 3 square metres in size shall be erected on
any parking area or parking lot.
g)
Where a parking area is situated on the boundary between any non-
residential zone and any residential zone, a strip of land not less than
1.5 metres in width, lying within the non-residential zone along said
boundary shall be used for no purpose other than landscaping.
3.30
PARKING AREA STANDARDS FOR ENTRANCE AND EXIT
Where in this By-law loading spaces or parking areas for more than four vehicles are
required:
a)
Entrance and exit ramps for vehicular traffic shall not exceed two in
number and each such ramp shall have a minimum width of 9 metres.
b)
A driveway leading to any parking or loading area, shall have a
minimum width of 3 metres for one way traffic, and a minimum width
of 6 metres for two way traffic.
c)
No driveway shall be located closer than 15 metres from the limits of
the rights-of-way at a street intersection.
3.31
PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law shall be open and unobstructed by any
structure from the ground to the sky except that those structures listed in the following
table shall be permitted to project into the minimum yards required by this By-law for
the following specified distances:
Structure
Yards and Setbacks in
Which Projection is
Permitted
Maximum Projection into
the Required Minimum
Yard or Setback
Requirement
Sills, belt courses, cornices,
eaves or canopies, gutters,
chimneys or pilasters.
Any yard.
One metre.
Fire escapes and exterior
staircases.
Rear and exterior side
yards only.
One metre.
Window bays.
Front, rear and exterior
side yards only.
One metre over a maximum
width of three metres.
Balconies.
Any yard for multiple
family dwellings. Front,
rear and exterior side
yards only for all other
dwelling types.
Two metres.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
39
Structure
Yards and Setbacks in
Which Projection is
Permitted
Maximum Projection into
the Required Minimum
Yard or Setback
Requirement
Open, roofed porches not
exceeding one storey in
height, uncovered terraces.
Front and rear yards only.
Three metres including
eaves and cornices.
Deck.
Front and rear yards only.
Interior and exterior side
yard.
Four metres including
railings.
Two metres.
In no case shall the above structures encroach less than one metre to any lot line.
3.32
PITS AND QUARRIES
The making or establishment of pits and quarries is prohibited within the Municipality
except as provided in a zone for this purpose. However, this shall not apply to prevent
the temporary use of any land in any zone by a public authority or its agent for a wayside
pit, wayside quarry or portable asphalt plant except for any residential zone,
Environmental Protection (EP) Zone or Hazard (HAZ) Zone.
3.33
PROHIBITED USES
The use of a recreational vehicle or mobile home for human habitation shall be
prohibited within the area covered by this By-law, except in a Zone where such uses are
specifically permitted.
3.34
PUBLIC USES PERMITTED
The provisions of this By-law shall not apply to prevent the use of any land or to the
erection or use of any building or structure for the purpose of public service by the
Municipality or any department of the Government of Ontario or Canada, including
Ontario Hydro, or any public utility company provided that:
a)
The proponent, before carrying out or authorizing any undertaking
that the proponent considers will directly affect the Municipality,
shall consult with, and have regard for, the established planning
policies of the Municipality.
b)
The lot coverage, setback and yard regulations prescribed for the
zone in which such land, building, or structure is located are complied
with.
c)
The parking and loading regulations prescribed for the use are
complied with.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
40
d)
No goods, materials, or equipment are stored in the open in a
Residential Zone or in a lot adjacent to a Residential Zone.
3.35
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 construct an addition to any existing building or
structure, or sever any lands, if the effect of such actions is to cause the original
adjoining, remaining or new building, structure or lot to be in contravention with this
By-law.
3.36
SETBACKS FOR SEPTIC SYSTEMS
Notwithstanding any other setback required by this By-law, all components of a septic
system, including but not limited to the tank, bed, and mantle shall be setback a
distance of at least 30.0 metres from a waterbody.
3.37
SETBACK FROM WATERBODY
All buildings, structures, fences and signs shall be setback a distance of at least 30
metres from a waterbody, watercourse and the normal ordinary water's edge and shall
not be permitted in the front yard of lot abutting the shoreline or shore road allowance
except:
a)
Where such buildings and structures are intended for conservation,
flood protection, erosion control and essential public services
normally associated with the waterfront, and;
b)
Where a boathouse, pumphouse or dock is being erected or altered in
accordance with the provisions of this by-law.
c)
For the purpose of this provision, the normal ordinary water's edge
shall be determined by delineation on a survey prepared by an Ontario
Land Surveyor.
3.38
SETBACKS FROM ALL ROADS
Where a building or structure is to be located or erected adjacent to a road in any zone,
a minimum setback of 15 metres from the edge of the right-of-way shall be provided for
commercial and industrial uses and a minimum setback of 8 metres from the edge of
the right-of-way shall be provided for residential uses. Any development located
adjacent to a road shall be carried out in accordance with the setback requirements,
access and building permit controls of the Ministry of Transportation and the Township
of Nipissing. Any proposed access to a road shall be subject to the prior approval of the
authority having jurisdiction over the road.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
41
3.39
SETBACK IN POTENTIAL HAZARD LAND AREAS
Notwithstanding any other provision of this By-Law, no new building, structure or placing
and/or removal of fill of any kind whether originating on the site or elsewhere shall be
permitted within 30 metres from the normal ordinary water's edge of any lake, river, or
watercourse shown on Schedule A to this By-law except for those uses required for
conservation, erosion control, flood protection and essential public services normally
associated with the waterfront.
3.40
SITE PLAN CONTROL
The following areas are subject to Site Plan Control:
a)
all Commercial Zones;
b)
all Industrial Zones except mineral aggregate extractive zones;
c)
all lands located below the established flood elevations;
d)
any Special Zone that would permit a commercial or industrial use;
e)
Any residential property with 3 or more units;
f)
Council may deem that any new use within an Environmental
Protection Zone or Hazard Zone be subject to Site Plan Control; and
g)
all uses abutting shorelines.
3.41
STORAGE CONTAINERS
a) Storage containers shall only be permitted within the Industrial General
(M1) Zone and the Rural (RU) Zone.
b) Storage containers shall be permitted as an accessory building or as a
principal building.
c) Within the Rural (RU) Zone, storage containers shall be setback a
minimum of 30 metres from a road allowance and front lot line and a
minimum of 20 metres from any other lot line.
d) A maximum of two storage containers shall be permitted on a lot within
the Rural (RU) Zone, however for a lot with a lot area of 5 hectares or
greater, an additional storage container may be permitted.
e) Notwithstanding any other provision in this By-law, storage containers
shall not be permitted to be located within a front or exterior side yard.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
42
f) Unless otherwise stated in this By-law, storage containers shall adhere to
the provisions of Section 3.3 and shall be used exclusively for the
temporary storage of goods and materials and may not be used to
accommodate work areas, shops, office uses or retail sales.
3.42
SWIMMING POOLS
Notwithstanding the provisions of this By-law, a swimming pool shall be permitted in
any Zone (except for the Hazard Lands (HAZ) Zone or the Environmental Protection (EP)
Zone), provided that:
a)
No part of such pool shall be located closer to any side lot line or
street line than the minimum distance required for principal building
location on such lot, and
b)
The maximum height of such pool is one and a half (1.5) metres above
the average finished grade level of the ground adjoining and within
five (5) metres of such pool, and
c)
Any building or structure, required for changing clothing or for
pumping or filtering facilities, or other similar accessory uses, shall
comply with the provisions of this By-law respecting accessory
buildings on such lot, and
d)
In the rear yard, no part of such pool shall be located closer to any
rear lot line or street line than the minimum distance required for an
accessory building located on such lot, and
e)
Every swimming pool shall be enclosed by a fence with a minimum
height of 1.2 metres and shall not contain rails or other horizontal or
diagonal bracing on the outside of the fence that may facilitate
climbing.
3.43
TEMPORARY CONSTRUCTION USES
Notwithstanding any other provisions of this By-law, uses such as a construction camp
or other such temporary work camp, a tool shed, scaffold, sign or other building or
structure incidental to the construction shall be permitted provided that:
a)
A building permit has been obtained from the Township and is in good
standing.
b)
Any sign which is erected does not exceed 3 square metres in area.
c)
Such uses, buildings or structures, including a temporary storage
container may be used only as long as the same are necessary for work
in progress which has neither been finished or abandoned and which
has a valid Building Permit.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
43
d)
Such uses, buildings or structures are removed when the work in
connection with which they are constructed is terminated.
3.44
TRAILERS, MOTOR HOMES, AND CAMPERS
The parking and storage of trailers, motor homes, truck campers, tent trailers and travel
trailers shall be prohibited in all Zones except where such parking or storage is a
permitted use in accordance with this By-law or is accessory to a dwelling located on
the lot and the trailer, motor home, or camper is owned by the occupant of the lot.
Where permitted on a residential lot, a maximum of one trailer or motor home in the
front, or exterior side lot is permitted to be parked or stored.
Notwithstanding the above, travel and tent trailers may be permitted on a lot in the
Rural (RU) Zone and used for recreational purposes, subject to the following:
a)
Minimum lot area of 2 hectares;
b)
Minimum distance of 500 metres from the shoreline of a lake; and,
c)
Applicable licences have been obtained from the Township.
3.45
TRAILER PARK AND PRIVATE RECREATIONAL USES
Unless specifically permitted by this By-law, the establishment of trailer parks, mobile
home parks, summer camps, commercial clubs, camping establishments or private
recreational parks shall be prohibited within the area covered by this By-law.
3.46
TRUCK, BUS, COACH AND STORAGE CONTAINERS
No truck, bus, coach, railway car body, or storage container shall be used as a
permanent or seasonal dwelling unit within the Municipality, whether or not the same
is mounted on wheels.
3.47
VEGETATIVE BUFFERS
A vegetative buffer of 30 metres of natural vegetation shall be developed and
maintained inland of the high watermark. The vegetative buffer shall only be
interrupted for a pathway not to exceed 4 metres in width to provide access to the
water.
3.48
VISIBILITY TRIANGLES AT ROAD INTERSECTIONS
Notwithstanding any other provisions of this By-Law, in any corner lot or any lot at the
intersection of two roads in any Zone, no building, structure, berm, fence, trees,
hedges, or shrubs with a height exceeding one metre above the grade of the road, shall
be erected within the triangular space measured:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
44
a)
Along the street lines for a distance of nine metres from their point
of intersection.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
45
SECTION 4
- ZONES
4.1
ZONES
For the purpose of this By-law, the Township of Nipissing is hereby divided into the
following Zones:
ZONE
SYMBOL
Boathouse Zone
BH
Commercial, General Zone
CI
Commercial, Highway & Tourist Zone
C2
Commercial, Resort Zone
C3
Environmental Protection Zone
EP
Hazard Zone
HAZ
Industrial, Extractive Zone
MX
Industrial, General Zone
MI
Open Space Zone
OS
Residential, Estate Zone
RE
Residential, Hamlet Zone
RH
Shoreline Residential Zone
SR
Limited Service Residential
LSR
Rural Zone
RU
Special Zone
SZ
Waste Disposal Zone
WD
4.2
SCHEDULES
The zones set out in Section 4.1 and the boundaries of such zones are shown upon the
schedules attached hereto, marked Schedule A to which zone boundaries and schedules
are hereby declared to form part of this By-law.
4.3
ZONE BOUNDARIES
Where uncertainty exists with respect to the boundaries of the various zones as shown
on Schedule A, the following rules shall apply:
a)
Roads or Streets
The zone boundaries are either roads or streets unless otherwise
shown, and where indicated boundaries on Schedule A are shown as
approximate roads or streets, the said roads or streets shall be
construed to be the zone boundaries.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
46
b)
Lot Lines
Where the zone boundaries are not shown to be roads or streets, and
where indicated boundaries on Schedule A are shown as approximate
lot lines, the said lot lines shall be construed to be the zone
boundaries unless said boundaries are otherwise indicated on the
map.
c)
Road, Street or Right-of-Way
A road, street, right-of-way or watercourse identified on Schedule A
shall, unless otherwise indicated, be included within the zone of the
adjoining property on either side thereof; and where such road,
street, right-of-way or watercourse serve as a boundary between
different zones, a line midway in such road, street, right-of-way or
watercourse and extending in the general direction of the long
division thereof shall be considered the boundary between zones
unless specifically indicated otherwise.
d)
Closed Road, Street or Right-of-Way
In the event a dedicated road, street or right-of-way shown on the
map is closed, the property formerly in said road street or right-of-
way shall be included within the zone of the adjoining property on
either side of the said closed road, street or right-of-way, and the
zone boundary shall be the former centre line of the said closed road,
street or right-of-way.
e)
River or Lakeshore
Where any zone on Schedule A abuts a river or lakeshore, such zone
shall be deemed to extend into the river or lake and apply to any
water lots or to any land created by changing water levels, land fill
operations or by any other means.
4.4
BOATHOUSE (BH) ZONE
4.4.1
Permitted Uses
No person shall within any Boathouse Zone (BH) Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a)
Boathouse Uses
one boathouse and/or dock per lot together with accessory buildings
thereto provided that no building may be used for human habitation
b)
Private Open Space Uses:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
47
vehicular and water craft access
docks with the approval of the Ministry of Natural Resources as
necessary.
4.4.2
Zone Requirements
In Boathouse Zone, no building, structure or land shall be used and no building or
structure shall hereafter be erected or altered except in accordance with the
requirements of this By-law:
a)
Boathouse Uses - Main Building
i) min. front yard
Nil
ii) min. side yard
0.6m
iii) min. rear yard
6.1m
iv) max. coverage
50%
v) min. lot area
existing
vi) min. lot frontage
existing
vii) max. height
4.6m
4.4.3
General Provisions
a)
The owner of every boathouse shall provide one parking space on the
same lot as the boathouse. b) No sewage disposal systems or
holding tanks may be installed on any lot or block without a permit
issued under the Ontario Building Code Act (Ont. Reg. 403/97 as
amended) or its successors.
4.5
COMMERCIAL, GENERAL (C1) ZONE
4.5.1
Permitted Uses
No person shall within any Commercial, General (C1) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a)
Residential Uses:
a dwelling unit in accordance with the provisions of Section 3.10, 3.11
and 3.12 of this By-Law.
b)
Commercial Uses:
an accessory food stand
an automobile service station
a bake shop
a bank or trust Company
a banquet hall
a bed and breakfast establishment
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
48
a clinic
a conservation use
a convenience store
a day nursery
a dry cleaning business
a food store
a funeral home
a garden centre
a gas bar
a hotel, a motel
an institutional use
a laundromat
an office
a personal service establishment
a place of entertainment
a place of worship
a playground
a private park
a public park
a repair garage
a restaurant
a retail store
a school
a service club
a service shop
a take-out restaurant
a wholesale use
4.5.2
Zone Requirements
No person shall within any Commercial, General (C1) Zone use any lot, or erect, alter
or use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (C1) Zone, and the applicable provisions of
Section 3 - General Provisions.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
49
4.6
COMMERCIAL, HIGHWAY AND TOURIST (C2) ZONE
4.6.1
Permitted Uses
No person shall within any Commercial, Highway and Tourist (C2) Zone use any lot or
erect, alter or use any building or structure for any purpose except one or more of the
following uses:
a)
Residential Uses:
a dwelling unit in accordance with the provisions of Section 3.10, 3.11
and 3.12 of this By-Law.
(b)
Commercial Uses:
an agricultural service
an animal hospital
an automobile service station or repair garage
a banquet hall
a bed and breakfast establishment
a building supply outlet
a camping establishment
a clinic
a convenience store
a farm implement sales and service establishment
a fruit and vegetable market
a garden centre
a gas bar
a hotel, motel and/or tourist establishment
a laundromat
a light equipment sales and rental establishment
a motor vehicle sales area
a nursing home
an office
a place of entertainment
a repair garage
a restaurant
a retail and service establishment designed to serve primarily the
needs of the travelling public
a service shop
a take-out restaurant
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
50
4.6.2
Zone Requirements
No person shall within any Commercial, Highway and Tourist (C2) Zone use any lot, or
erect, alter or use any building or structure except in accordance with Schedule "B" -
Zone Requirements Table as applicable to a (C2) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.7
COMMERCIAL, RESORT (C3) ZONE
4.7.1
Permitted Uses
No person shall within any Commercial, Resort (C3) Zone use any lot or erect, alter
or use any building or structure for any purpose except one or more of the following
uses:
(a)
Residential Uses:
a dwelling unit in accordance with the provisions of Section 3.10, 3.11
and 3.12 of this By-Law.
(b)
Commercial Uses:
a bed and breakfast establishment
a boat sales, rental and servicing establishment
a camping establishment
a food stand
a hotel, motel, or tourist establishment
a marina
a private park
a public park
a restaurant
a retail store accessory to a permitted use
a recreational facility accessory to a permitted use
a tourist cabin
a waterfront landing
accessory storage of ice huts and ice bungalows
4.7.2
Zone Requirements
No person shall within any Commercial, Resort (C3) Zone use any lot, or erect, alter or
use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (C3) Zone, and the applicable provisions of
Section 3 - General Provisions.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
51
4.8
ENVIRONMENTAL PROTECTION (EP) ZONE
4.8.1
Permitted Uses
No person shall within any Environmental Protection (EP) Zone use any lot or erect, alter
or use any building or structure for any purpose except one or more of the following:
a)
Permitted Uses
a conservation use
an existing building or structure
4.8.2
Zone Requirements
No person shall within any Environmental Protection (EP) Zone use any lot, or erect,
alter or use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (EP) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.9
HAZARD (HAZ) ZONE
4.9.1
Permitted Uses
No person shall within any Hazard (HAZ) Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a)
Permitted Uses
an existing building or structure
an agricultural or forestry use
a conservation use
a public park
a private park
public or private recreation use
a dock and boathouses approved by the Township and as necessary by
the Ministry of Natural Resources and Forestry
b)
No new building or structure shall be permitted in a Hazard (HAZ)
Zone other than those required for conservation, erosion control,
flood protection, and essential public services normally associated
with water frontage.
c)
All buildings or structures erected at the time of the adoption of this
By-Law are deemed to be legal conforming uses. Enlargements or
extensions to existing buildings or structures will require an
amendment or a minor variance to this By-Law.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
52
4.9.2
Zone Requirements
No person shall within any Hazard (HAZ) Zone use any lot, or erect, alter or use any
building or structure except in accordance with Schedule "B" - Zone Requirements
Table as applicable to a (HAZ) Zone, and the applicable provisions of Section 3 - General
Provisions.
4.10
INDUSTRIAL, EXTRACTIVE (MX) ZONE
4.10.1
Permitted Uses
No person shall within any Industrial, Extractive (MX) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a)
Industrial Uses
a pit
a quarry
a mineral aggregate resource use
4.10.2
Zone Requirements
No person shall within any Industrial, Extractive (MX) Zone use any lot, or erect, alter
or use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (MX) Zone, the applicable provisions of Section 3
- General Provisions and the following additional provisions:
a)
Excavation Area Setbacks
No part of any excavation other than for an access road shall be
permitted to locate within:
i)
30 metres of an adjacent property line, public street or
highway;
ii)
15 metres of a watercourse;
iii)
150 metres of a residential structure.
b)
Stockpiling and Operations Setbacks
No aggregate, topsoil, subsoil or overburden shall be piled and no
processing plant shall be located within:
i)
30 metres of an adjacent property line;
ii)
15 metres of a watercourse;
iii)
90 metres of land restricted to a residential use by this By-
law. The provisions of this Section do not apply to earth berms
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
53
that are intended to screen adjoining lands from the operation
of the site.
4.11
INDUSTRIAL, GENERAL (M1) ZONE
4.11.1
Permitted Uses
No person shall within any Industrial, General (M1) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a)
Industrial Uses
an auto body shop
a bakery
a building supply outlet
a communications and public utilities facility
a contractor's yard
a dry industry
a farm produce facility
a fuel depot
a light equipment repair sales and rental establishment
an industrial equipment repair sales and rental establishment
a lumber yard
a salvage yard
a sawmill
a repair garage
a transportation depot
a warehouse
a wholesale use
an incidental or accessory commercial use such as a wholesale outlet,
a bulk sales office, administrative office, showroom or merchandising
centre
4.11.2
Zone Requirements
No person shall within any Industrial, General (M1) Zone use any lot, or erect, alter or
use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (M1) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.12
OPEN SPACE (OS) ZONE
4.12.1
Permitted Uses
No person shall within any Open Space (OS) Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
54
a)
Open Space and Recreational Uses
a cemetery
a conservation use
a public or private recreational use
a private park
a public park
4.12.2
Zone Requirements
No person shall within any Open Space (OS) Zone use any lot, or erect, alter or use any
building or structure except in accordance with Schedule "B" - Zone Requirements Table
as applicable to a (OS) Zone, and the applicable provisions of Section 3 - General
Provisions.
4.13
RESIDENTIAL, ESTATE (RE) ZONE
4.13.1
Permitted Uses
No person shall within any Residential, Estate (RE) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a)
Residential Uses
a single unit dwelling
a secondary dwelling unit
a home occupation
b)
Non-Residential Uses
a private park
a public park
a public utility
accessory storage of 1 ice hut
4.13.2
Zone Requirements
No person shall within any Residential, Estate (RE) Zone use any lot, or erect, alter or
use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (RE) Zone, and the applicable provisions of
Section 3 - General Provisions.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
55
4.14
RESIDENTIAL, HAMLET (RH) ZONE
4.14.1
Permitted Uses
No person shall within any Residential, Hamlet (RH) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a)
Residential Uses
a single unit dwelling
a secondary dwelling unit
a home occupation
a group home
b)
Non-Residential Uses
a community facility
a day nursery
a place of worship
a private park
a public park
a public utility
a school
accessory storage of 1 ice hut
4.14.2
Zone Requirements
No person shall within any Residential, Hamlet (RH) Zone use any lot, or erect, alter or
use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (RH) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.15
SHORELINE RESIDENTIAL (SR) ZONE
4.15.1
Permitted Uses
No person shall within any Shoreline Residential (SR) Zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
56
a)
Residential Uses
a single unit dwelling
a recreational dwelling unit
a home occupation
accessory storage of 1 ice hut
accessory dock
accessory boathouse
4.15.2
Zone Requirements
No person shall within any Shoreline Residential (SR) Zone use any lot, or erect, alter or
use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (SR) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.16
LIMITED SERVICE RESIDENTIAL (LSR) ZONE
4.16.1
Permitted Uses
No person shall within any Limited Service Residential (LSR) Zone use any lot or erect,
alter or use any building or structure for any purpose except one or more of the following
uses:
a)
Residential Uses
a single unit dwelling
a recreational dwelling unit
a home occupation
accessory storage of 1 ice hut
accessory dock
accessory boathouse
4.16.2
Zone Requirements
No person shall within any Limited Service Residential (LSR) Zone use any lot, or erect,
alter or use any building or structure except in accordance with Schedule "B" - Zone
Requirements Table as applicable to a (LSR) Zone, and the applicable provisions of
Section 3 - General Provisions.
4.17
RURAL (RU) ZONE
4.17.1
Permitted Uses
No person shall within any Rural (RU) Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
a)
Residential Uses
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
57
a recreational dwelling
a converted recreational dwelling
a single unit dwelling
a secondary dwelling unit
a group home
a home occupation
a home industry
a bed and breakfast establishment
accessory storage of 1 ice hut or ice bungalow
b)
Rural Uses
an artisan shop
an agricultural service establishment
an agricultural use
a bus storage area
a cemetery
a community facility
a conservation use
a farm implement sales and service establishment
a farm produce outlet or storage facility
a fruit and vegetable market
a forestry use
a hunt camp
a livestock facility
a maple syrup operation
a nursery garden or commercial greenhouse
a private park
a public park
a riding stable
a wayside pit
a wayside quarry
c)
Special Uses
an abattoir
an animal hospital or kennel
4.17.2
Zone Requirements
No person shall within any Rural (RU) Zone use any lot, or erect, alter or use any building
or structure except in accordance with Schedule "B" -Zone Requirements Table as
applicable to a (RU) Zone, the applicable provisions of Section 3 - General Provisions
and with the following additional provisions:
a)
Minimum Distance Separation
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
58
ii)
All new development shall comply with the Minimum Distance
Separation formulae.
ii)
Minimum Distance Separation I (MDS I) Notwithstanding any
other provisions of this By-law to the contrary, lands to be
rezoned from a Rural (RU) Zone to permit a residential,
institutional, commercial, industrial or recreational use, shall
comply with the MDS I. c Notwithstanding any other provisions
of this By-law to the contrary, a residential use to be located
upon an existing lot of record and permitted by a Rural (RU)
Zone, shall not be required to comply with the MDS I.
iii)
Minimum Distance Separation II (MDS II) Notwithstanding any
other provisions of this By-law to the contrary, a new or
expanding livestock facility permitted by a (RU) Zone, shall
comply with the MDS II. Notwithstanding any other provisions
of this By-law to the contrary, the MDS II calculated separation
distances will be measured from the nearest point of an
existing lot of record 3.0 hectares in size or less, to the nearest
point of the proposed livestock facility where the existing lot
of record is permitted by a Rural (RU) Zone and the proposed
livestock facility is permitted by a Rural (RU) Zone.
b)
Hunt Camps
Hunt Camps, as defined in this By-law, are permitted in the Rural (RU)
Zone subject to the following special provisions:
i)
minimum lot area - 20 hectares
ii)
minimum setback from opened public road allowance - 100
metres
iii)
minimum setback from any lot line - 50 metres
iv)
maximum floor area - 70 square metres
v)
maximum number of units - 1
c)
Kennels
Kennels, as defined in this By-law, are permitted in the Rural Zone
subject to the following special provision:
i)
minimum setback from any lot line - 150 metres
d)
Abattoirs
Abattoirs, as defined in this By-law, are permitted in the Rural Zone
subject to the following special provisions:
i)
New abattoir minimum setback from a dwelling - 300 metres
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
59
ii)
Existing abattoir minimum setback from a dwelling - 150
metres·
Notwithstanding any other provision in this By-law to the contrary, no new dwelling shall
be constructed, located or erected within 300 metres of a new abattoir constructed
after the date of passing of this By-law and 150 metres of an existing abattoir.
4.18
WASTE DISPOSAL (WD) ZONE
4.18.1
Permitted Uses
No person shall within any Waste Disposal (WD) Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a)
Permitted Uses
an existing closed or abandoned waste disposal site
a waste disposal site
a recycling depot
a conservation use
4.18.2
Zone Requirements
No person shall within any Waste Disposal (WD) Zone use any lot, or erect, alter or use
any building or structure except in accordance with Schedule 'B' - Zone Requirements
Table as applicable to a (WD) Zone, and the applicable provisions of Section 3 - General
Provisions and with the following additional provisions:
a)
Minimum Distance Separation Notwithstanding any other provision of
this By-law to the contrary, no dwellings shall be permitted within
100 metres of the zone boundary of a Waste Disposal (WD) Zone.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
60
SECTION 5
- SPECIAL ZONES
5.1
SPECIAL ZONE NO.1 (Formerly By-law No. 633 - Waltonian Marina)
Notwithstanding any other provision of this By-law on Part of Lot 1, Concession 19 in the
Township of Nipissing, the following applies:
5.1.1
Zone Boundaries
The zone boundaries of Commercial, Resort Special Zone NO.1 (SZ 1) are identified on
the Schedules to this By-law.
5.1.2
Permitted Uses
No person shall within Commercial, Resort Special Zone NO.1 (SZ 1) use any land or
erect or use any building or structure except for one or more of the following uses:
a marina
5.1.3
Regulations
In Commercial, Resort Special Zone No.1, (SZ 1) no building, structure or land shall be
used and no building or structure shall hereafter be erected or altered except in
accordance with the requirements of the Commercial, Resort (C3) Zone, except as
hereby expressly varied.
min. lot area
0.2 hectares
min. lot frontage
30 m
min. lot depth
60 m
min. front yard
10 m
min. side yard
5 m
min. rear yard
5 m
min. floor area
max. lot coverage
50%
max. height
10 m
5.1.4
Special Provisions
In Commercial, Resort Special Zone No.1 (SZ 1), the following special provisions shall
apply:
a)
All lighting associated with the marina operation shall be directed
away from surrounding recreational residential uses.
b)
An undisturbed vegetative buffer of 2 metres shall be maintained on
the internal side yard of the lot used for marina purposes.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
61
All buildings and structures erected or altered and all use of land in Commercial, Resort
Special Zone No.1 (SZ 1) shall conform to all other applicable provisions of this By-law
except as hereby expressly varied.
5.2
SPECIAL ZONE NO. 2 (Formerly By-law Nos. 909 and 933)
Notwithstanding any other provision of this By-law on Part of Lots 22, Concession 4 in
the Township of Nipissing, the following applies:
5.2.1
Zone Boundaries
The zone boundaries of Commercial, Resort Special Zone No. 2 (SZ 2) are identified on
the Schedules to this By-law.
5.2.2
Definitions
In Commercial, Resort Special Zone No. 2 (SZ 2), the following definitions shall govern
a)
Seasonal Recreational Tourist Trailer Park means an establishment
comprising land or premises under single ownership, used for the
parking of no more than nine (9) Seasonal Recreational Tourist
Trailers, as defined in this By-law, and to be inhabited between the
months of May and October only.
b)
Seasonal Recreational Tourist Trailer means any vehicle so
constructed that it is suitable for being attached to a motor vehicle
for the purpose of being drawn or propelled by the motor vehicle to
a Seasonal Tourist Trailer Park, as defined in this By-law, that is
designed for, and used for a temporary or seasonal period, but does
not include a modular home, a mobile home, or a principle residence.
5.2.3
Permitted Uses
No person shall within Commercial, Resort Special Zone No. 2 (SZ 2) use any land or
erect or use any building or structure except for one or more of the following uses:
uses permitted in the Shoreline Residential (SR) Zone
a seasonal recreational tourist trailer park
5.2.4
Regulations
In Commercial, Resort Special Zone No. 2, (SZ 2) no building, structure or land shall be
used and no building or structure shall hereafter be erected or altered except in
accordance with the requirements of the Commercial, Resort (CR) Zone, except as
hereby expressly varied:
maximum number of seasonal recreational tourist trails
9
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
62
5.2.5
Special Provisions
In Commercial, Resort Special Zone No. 2 (SZ 2), the following special provisions shall
apply:
a)
Each Seasonal Recreational Tourist Trailer shall be provided with a
connection to a sewage disposal system including a tile field to be
located no closer than 305 metres from the high water mark of Wolfe
Lake.
b)
Each Seasonal Recreational Tourist Trailer shall be provided with a
connection to a potable drinking water supply.
c)
No person shall occupy a Seasonal Recreational Tourist Trailer during
the calendar months of November, December, January, February,
March and April in any year.
5.2.6
Site Plan Control
a)
The subject property is hereby designated to be a Site Plan Control
Area pursuant to the provisions of Section 41 of the Planning Act and
the Official Plan of the Township of Nipissing.
b)
No person shall develop lands which have been designated as a Site
Plan Control Area except in accordance with the terms of a Site Plan
Control Agreement registered on title thereto.
c)
The Mayor and Clerk are hereby authorized to execute the Site Plan
Control Agreement.
All buildings and structures erected or altered and all use of land in Shoreline Residential
Special Zone No. 2 (SZ 2) shall conform to all other applicable provisions of this By-law
except as hereby expressly varied.
5.3
SPECIAL ZONE NO. 3 (Gurd Lot 24, Con. 6)
Notwithstanding any other provision of this By-law on Part of Lot 24, Concession 6 in the
Township of Nipissing (Former Geographic Township of Gurd) being Part of Parcel 9862
the following applies:
5.3.1
Zone Boundaries
The zone boundaries of Rural Special Zone No. 3 (SZ 3) are identified on the Schedules
to this By-law.
5.3.2
Permitted Uses
No person shall within Rural Special Zone No. 3 (SZ 3) use any land or erect or use any
building or structure except for one or more of the following uses:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
63
uses permitted in the Rural (RU) Zone
5.3.3
Regulations
In Rural Special Zone No. 3 (SZ 3) no building, structure or land shall be used and no
building or structure shall hereafter be erected or altered except in accordance with
the requirements of the Rural (RU) Zone, except as hereby expressly varied:
maximum number of single unit dwellings: 3
All buildings and structures erected or altered and all use of land in Rural Special Zone
No. 3 (SZ 3) shall conform to all other applicable provisions of this By-law except as
hereby expressly varied.
5.4
SPECIAL ZONE NO. 4 (Nipissing Lot 12, Con. 11)
Notwithstanding any other provision of this By-law on Part of Lot 12, Concession 11 in
the Township of Nipissing being Part of Parcel 3478 Nipissing, the following applies:
5.4.1
Zone Boundaries
The zone boundaries of Rural Special Zone No. 4 (SZ 4) are identified on the Schedules
to this By-law.
5.4.2
Permitted Uses
No person shall within Rural Special Zone No. 4 (SZ 4) use any land or erect or use any
building or structure except for one or more of the following uses:
uses permitted in the Rural (RU) Zone
a bait shop
5.4.3
Regulations
In Rural Special Zone No. 4 (SZ 4) no building, structure or land shall be used and no
building or structure shall hereafter be erected or altered except in accordance with
the requirements of the Rural (RU) Zone.
All buildings and structures erected or altered and all use of land in Rural Special Zone
No. 4 (SZ 4) shall conform to all other applicable provisions of this By-law except as
hereby expressly varied.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
64
5.5
SPECIAL ZONE NO. 5 (Nipissing Part of Lot 10, Con. 8 and Gurd, Part of Lot
3, Con. 15)
Notwithstanding any other provision of this By-law on Part of Lot 10, Concession 8 in the
Township of Nipissing being Part of Part 3, Plan 42R-I0376 and Part of Lot 3, Concession
15 in the Township of Gurd now in the Township of Nipissing, the following applies:
5.5.1
Zone Boundaries
The zone boundaries of Rural Special Zone No. 5 (SZ 5) are identified on the Schedules
to this By-law.
5.5.2
Permitted Uses
No person shall within Rural Special Zone No. 5 (SZ 5) use any land or erect or use any
building or structure except for one or more of the following uses:
uses permitted in the Rural (RU) Zone
a sawmill
5.5.3
Regulations
In Rural Special Zone No. 5 (SZ 5) no building, structure or land shall be used and no
building or structure shall hereafter be erected or altered except in accordance with
the requirements of the Rural (RU) Zone.
All buildings and structures erected or altered and all use of land in Rural Special Zone
No. 5 (SZ 5) shall conform to all other applicable provisions of this By-law except as
hereby expressly varied.
5.6
SPECIAL ZONE NO. 6 (Bear Creek Lots)
Notwithstanding any other provision of this By-law on Part of Lots 9 & 10, Concession 17
in the Township of Nipissing being Parts 5, 6, 7, 8 & 9, the following applies:
5.6.1
Zone Boundaries
The zone boundaries of Special Zone No.6 (SZ 6) are identified on the Schedules to this
By-law.
5.6.2
Permitted Uses
No person shall within Special Zone No.6 (SZ 6) use any land or erect or use any building
or structure except for one or more of the following uses:
uses permitted in the Limited Service Residential (LSR) Zone.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
65
5.6.3
Regulations
In Special Zone No. 6 (SZ 6) no building, structure or land shall be used and no building
or structure shall hereafter be erected or altered except as hereby expressly varied:
a)
The road access requirements of Section 3.2 of the Township of
Nipissing Zoning By-law do not apply.
All buildings and structures erected or altered and all use of land in Special Zone No. 6
(SZ 6) shall conform to all other applicable provisions of this By-law except as hereby
expressly varied.
5.7
SPECIAL ZONE NO. 7 (Nipissing, Part of Lots 13, 14, & 15 Con. 11 & 12)
Notwithstanding any other provision of this By-law on Part of Lots 13, 14, & 15,
Concessions 11 and 12 in the Township of Nipissing, the following applies:
5.7.1
Zone Boundaries
The zone boundaries of Special Zone No. 7 (SZ 7) are identified on the Schedules to this
By-law.
5.7.2
Permitted Uses
No person shall within Special Zone No.7 (SZ 7) use any land or erect or use any building
or structure except for the following uses:
One (1) single unit dwelling per lot
Accessory uses
5.7.3
Regulations
In Residential Hamlet Zone No. 7 (SZ 7) no building, structure or land shall be used and
no building or structure shall hereafter be erected or altered except in accordance with
the requirements of the Residential Hamlet (RH) Zone, except as hereby expressly
varied:
a)
The minimum lot frontage shall be reduced from 46 metres to 44.6
metres.
All buildings and structures erected or altered and all use of land in Special Zone No. 7
(SZ 7) shall conform to all other applicable provisions of this By-law except as hereby
expressly varied.
5.8
SPECIAL ZONE NO. 8 (Nipissing, Lot 12, Con. 9)
Notwithstanding any other provision of this By-law on Part of Lot 12, Concession 9 in the
Township of Nipissing being Part of Parcel 4718 Nipissing, the following applies:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
66
5.8.1
Zone Boundaries
The zone boundaries of Special Zone No.8 (SZ 8) are identified on the Schedules to this
By-law.
5.8.2
Permitted Uses
No person shall within Special Zone No.8 (SZ 8) use any land or erect or use any building
or structure except for the following uses:
Uses permitted in the Rural (RU) Zone
A dwelling that contains two residential units.
5.8.3
Regulations
In the Rural Special Zone No.8 (SZ 8) no building, structure or land shall be used and no
building or structure shall hereafter be erected or altered except in accordance with
the requirements of the Rural (RU) Zone, except as hereby expressly varied:
a)
maximum number of dwellings:
2
b)
maximum number of dwelling units:
3
All buildings and structures erected or altered and all use of land in Special Zone No. 8
(SZ 8) shall conform to all other applicable provisions of this By-law except as hereby
expressly varied.
5.9
SPECIAL ZONE NO. 9 (125 Hunters Bay Road)
5.9.1
Zone Boundaries
The zone boundaries of the Resort Commercial Special Zone No. 9 (SZ 9) are identified
on the Schedules to this By-law.
5.9.2
Permitted Uses
No person shall within Resort Commercial Special Zone No. 9 (SZ 9) use any land or erect
or use any building or structure except for the uses permitted in the Resort Commercial
(C3) Zone.
5.9.3
Regulations
In the Resort Commercial Special Zone No. 9 (SZ 9), existing buildings and structures are
permitted as of the date of the passing of this By-law (April 17, 2018), including those
buildings located within 30 metres from a waterbody.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
67
5.10
SPECIAL ZONE NO. 10 (Lillian Court, Part of Lot 18, Concession 19)
5.10.1
Zone Boundaries
The zone boundaries of Special Zone No. 10 (SZ 10) are identified on the Schedules to
this By-law.
5.10.2
Permitted Uses
No person shall within Special Zone No. 10 (SZ 10) use any land or erect or use any
building or structure except for the following uses:
Single unit detached dwelling
Accessory storage of one ice hut
One floating dock (Note: The floating dock cannot be installed until
after May 31, to assure that walleye or northern pike have spawned,
eggs have hatched and larvae have dispersed)
5.10.3
Regulations
Within Special Zone No. 10 (SZ 10) the following uses of land, or erection or use of any
building or structure shall be prohibited:
Fill or grading within 20 metres from the shoreline
Buildings or structures within 20 metres of the shoreline
5.11
SPECIAL ZONE NO. 11 (3724 Alsace Road, Part of Lot 183 and Part of all
Lot 184, Concession B)
5.11.1
Zone Boundaries
The zone boundaries of Special Zone No. 11 (SZ 11) are identified on the Schedules to
this By-law.
5.11.2
Regulations
Within the Special Zone No. 11 (SZ 11), where a driveway is required to access the west
portion of the property through the SZ 11 Zone, only one driveway shall be permitted
per lot. Otherwise, the permitted uses within the EP Zone apply.
5.12
SPECIAL ZONE NO. 12 (4383 Highway 654)
Notwithstanding any other provision of this By-law on Part Lot 13, Concession 10, in the
Township of Nipissing being 4383 Highway 654, the following applies:
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
68
5.12.1
Zone Boundaries
The zone boundaries of Special Zone No. 12 (SZ 12) are identified on the Schedules to
this By-law.
5.12.2
Permitted Uses
No person shall within Special Zone No. 12 (SZ 12) use any land or erect or use any
building or structure except for the following uses:
In addition to the uses permitted within the Hamlet Residential (RH) Zone, a home
industry shall also be permitted.
5.12.3
Regulations
A home industry shall be permitted within the Special Zone No. 12 (SZ 12) in accordance
with the following:
Minimum Lot Frontage: 40 metres
Minimum Lot Area: 0.18 hectares
Minimum setback for an accessory building being used for a home
industry: 4.5 metres from a road and road allowance.
Maximum building height for an accessory building being used for a
home industry: 5 metres.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
69
SECTION 6
- HOLDING PROVISIONS AND TEMPORARY USE BY-LAWS
6.1
HOLDING PROVISIONS
a)
Notwithstanding any other provision in this By-law, where a Zone
symbol is followed by the letter "H" and a number (for example M1-
(H1) or SR-(H2) no person shall use the land to which the letter (H)
applies for any use other than the use which existed on the date this
By-law was passed, until the (H) is removed in accordance with the
policies of the Official Plan and the Planning Act, as amended.
Council may pass a By-law pursuant to Section 36 of the Planning Act 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.
Zones with Holding Provisions are identified in Table 6.1.1 below in this Section.
6.1.1
List of Holding Provisions
Holding
Number
Property Description
Holding Provision
H1
Multiple Locations
The lifting of the H1 Holding provision
permitting the development of any new
use or new or enlarged buildings and
structures requiring a water supply
within the waste disposal assessment
area shall not be permitted until Council
receives confirmation from the Ministry
of the Environment that all of the studies
required by the Township have been
completed in accordance with Section
6.4 of the Official Plan.
6.2
TEMPORARY USE BY-LAWS
Where on Schedules to this By-law, a zone symbol is followed by the letter "T" and a
number (for example C1-(T1)), one or more additional uses are permitted on the lands
noted until the permission granted by the Site Specific Temporary Use By-law expires.
Table 6.2.1 identifies the Temporary Use Zones within the Municipality.
6.2.1
List of Temporary Use By-laws
Temporary
Use Number
Property
Description
Temporary
Use Provision
Date of
Passing
Date of Expiry
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
70
SECTION 7
- ADMINISTRATION
7.1
ADMINISTRATION AND ENFORCEMENT
This By-law shall be administered by the Municipal Law Enforcement Officer or such
other person as the Council designates and no permit for the use of land or for the
erection or use of any building or structure or approval of any application for any
municipal license within the jurisdiction of the Council shall be issued or given, where
the proposed building, structure or use would be in violation of any provisions of this
By-law.
7.2
APPLICATIONS FOR BUILDING PERMITS
In addition to all the requirements of the Building By-law or any other By-law, every
applicant for a building permit shall file with his application a plan, in duplicate, drawn
to scale, showing the true dimensions of the lot proposed to be built upon or otherwise
developed, the proposed location, height and dimensions of the building or structure or
work in respect of which the permit is applied for and the location on such lot of every
existing building or structure, together with a statement, signed by the owner,
disclosing the exact use proposed for each building or structure aforesaid and giving all
information necessary to determine whether or not such building or structure and the
proposed use thereof conform with the requirements of this By-law.
7.3
EFFECTIVE DATE
This By-law shall become effective on the date of passing if no notice of objection is
filed with the Clerk within the time provided. If a notice of objection is filed with the
Clerk, this By-law shall become effective on the date of approval by the Local Planning
Appeal Tribunal.
7.4
REMEDIES
Where any building or structure is or is proposed to be erected, altered, reconstructed,
extended or enlarged, or any building or structure or part thereof is or is proposed to
be used, or any land is or is proposed to be used, in contravention of the provisions of
this By-law, the same may be restrained by action at the instance of any ratepayer, or
of the Council of the Municipality pursuant to the provisions of The Planning Act, R.S.O.
1990, as amended.
7.5
VIOLATION AND PENALTY
Every person who uses any land or erects or uses any building or structure in a manner
contrary to any requirement of this By-law, or who causes or permits such use or
erection, or who violates any provision of this By-law or causes or permits a violation,
is guilty of an offense and upon conviction, therefore, shall be liable for a fine in
accordance with The Planning Act, R.S.O. 1990, as amended.
Township of Nipissing
Zoning By-law 2020-20
Passed on December 1, 2020
71
READ A FIRST TIME THIS 1ST DAY OF DECEMBER, 2020.
MAYOR
CAO - CLERK
READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF DECEMBER, 2020.
MAYOR
CAO - CLERK
SCHEDULE "B" TO BY-LAW NO. 2020-20
Zone
Symbol
Zone
Min. Lot
Front.
Min Lot
Area
Max Lot
Cov.
MINIMUM YARDS (1)
Max
Height
Front
(1)
Ext.
Side
(1)
Int.
Side
(1)
Rear
(1)
m
ha
%
m
m
m
m
m
SR
Shoreline
Residential
60
0.8
10
15
6
6
15
10
LSR
Limited Service
Residential
60
0.8
10
15
6
6
15
10
RH
Hamlet Residential
60
0.4
15
15
6
6
15
10
RE
Estate Residential
60
0.8
15
15
6
6
15
10
C1
General
Commercial
60
0.8
50
15
6
6
15
-
10
C2
Highway & Tourist
Commercial
60
0.8
50
15
6
6
15
-
10
C3
Resort Commercial
90
0.8
30
20
6
6
15
-
10
M1
General Industrial
60
0.8
30
15
6
6
15
-
-
MX
Extractive
Industrial
60
0.8
-
15
15
15
15
-
-
RU
Rural
60
0.8
15
15
6
6
15
-
10
OS
Open Space
-
-
20
15
15
15
15
-
10
FP
Flood Plain
-
-
-
15
6
6
15
-
-
EP
Environmental
Protection
-
-
-
-
-
-
-
-
-
HAZ
Hazard
-
-
-
-
-
-
-
-
-
WD
Waste Disposal
-
-
-
30
30
30
30
-
-
SZ
Special Zone
See Section 5
BH
Boathouse
See Section 4.4
(1) In the case of a lot which abuts a body of water shown on Schedule A, the minimum setback from the normal ordinary
water's edge is 30 m (See Subsection 3.37).
MX
MX
MX
LSR
WD
MX
MX
M1
OS
C1
SZ5
C3
SZ5
LSR
MX
MX
SZ3
OS
M1
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU(H1)
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
LSR
LSR
LSR
SZ8
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
LSR
RH
LSR
MX
LSR
SR
SR
SR
SZ4
LSR
SR
SR
MX
RH
RU
C3
SR
WD
M1
SR
SR
OS
LSR
C3
SZ9
C3
M1
SR
LSR
C3
C3
SR
C3
LSR
OS
LSR
OS
SR
C3
C3
C3
SR
C3
RE
C3
C3
BH
OS
M1
C3
SR
C3
SR
HAZ
LSR
SZ1
SR
SR
C3
C3
SR
SZ2
LSR
C3
C1
C3
OS
C3
SR
LSR
BH
LSR
C2
C2
BH
LSR
LSR
OS
OS
SR
OS
RU
RU
OS
SR
OS
RU
RU
RU
RU
RU
HAZ
C3
LSR
HAZ
SR
RU
RH
RU
RU
RU
RU
RU
LSR
LSR
RU
RU
RU
RU
RU
LSR
SZ7
OS
OS
RU
RU
RU
C3
RU
RU
C1
RU
RU
RU
LSR
RU
RU
RU
RU
RU
LSR
LSR
LSR
SR
RU
RU
RU
LSR
LSR
RU
RU
SR
LSR
SR
SR
RU
RU
RU
OS
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
LSR
LSR
SR
SR
LSR
LSR
LSR
LSR
SR
SZ6
SR
LSR
LSR
LSR
LSR
LSR
LSR
SR
SR
SR
SR
LSR
RU
RH
LSR
SZ10
SR
LSR
LSR
SR
RU(H1)
LSR
SR
RU
RH
RH
C3
LSR
LSR
RU
LSR
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
SZ11
LSR
RU(H1)
RU(H1)
SZ12
BH
OS
RU
Hwy 534
Waltonian Dr
Pine Dr
Westview Dr
Greening
Bay Rd
Shady Lane
Clair's Lane
Kervins Bay Rd
William Rd
Lillian Crt
Hinchberger Bay Dr
Stormy Point Rd
Pike Bay Rd
Jones Rd
Sandy Bay Rd
Rockview Rd
Hunters Bay Rd
Marion Dr
Birchgrove Dr
Lakeview
Dr
Rocky Shore Dr
Sunset Cove Rd
Muskeg Rd
Sunset Cove Rd
Ruston Rd
Hart Rd
Hazelglen Rd
Stone Cutters Rd
Hwy 654
Culham Rd
Byers Rd
Lake Nipissing Rd
Chapmans
Landing Rd
South River Rd
Power Plant Rd
Barton Lake Rd
Barber Valley Rd
Hwy 534
Settlers Rd
Evergreen Lane
Otter Lane
Unger Rd
Beaver Lane
Fraser Rd
Harrison Rd
Niagara Rd
Green Acres Rd
Gerber Rd
Wolf Lake Rd
Kings Rd
Simpson Hill Rd
Hwy 534
Hamilton Farm Rd
Armstrong Rd
Hwy 534
Bella Hill Rd
Ski Hill Rd
Mountain
View Rd
Aspen Lane
Sun Valley Way
Maple Ridge
Dowdall Rd
Stillar Side Rd
Busch's Mill Rd
Alsace Rd
Hemlock Rd
Schlosser Line
Stories Rd
Ruth Haven Dr
Toeppner Blvd
Our Lane
Swalwells Dr
Bailey Bridge Rd
Pilgers Rd
Alsace Rd
Barrett Rd
Alsace Rd
Old Nipissing Rd N
Hwy 522
Bennett Rd
Old Nipissing Rd S
Hwy 522
Lingenfelters Rd
Ponderosa Rd
Lamb's Rd
Black Creek Rd N
Butterfield Rd
Sprucedale Rd
Black Creek Rd S
Granite Hill Rd
Rye Rd
Booth Rd
Rye Rd
McQuaby Lake Rd
Simulium Dr
Johnson Lane
Promised Land Rd
Sunrise Dr
Sunrise Ln
Bray Lake
Conservation
Reserve
South River
Forest
Conservation
Reserve
Fish Bay
PSW
Fish Bay
Conservation
Reserve
Municipality of Callander
19
18
17
16
15
14
13
12
11
10
9
8
7
6
5
Municipality of Powassan
4
3
2
1
7
6
5
4
3
2
1
9
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
185
194
203
210
Con A
Con B
Con B
Con A
4
3
2
1
10
9
8
7
6
15
14
13
12
11
20
19
18
17
16
24
23
22
21
33 34
35
32
31
30
29
28
27
26
25
Machar Twp
3
2
1
6
5
4
9
8
7
Pringle Twp
12
11
10
14
13
17
16
15
19
18
All Islands are Zoned 'LSR'
All Islands are
Zoned 'LSR'
All Islands
are Zoned 'LSR'
All Islands are Zoned 'LSR'
South Bay
Provincial Park
Storie
Alsace
Christian
Valley
Hotham
Nipissing
Nipissing
Beach
5
Lake Nipissing
Ruth Lake
McQuaby Lake
Wolfe Lake
Fish Bay
South River
South River
Barton
Lake
South River
Gerber
Lake
Busch Lake
Bear Creek
Muskie Creek
Commanda
Chapman's Landing
Wade's Landing
Parcel Boundary
Base Information
Township of Nipissing
Zoning By-law 2020-20
Schedule A - Zoning
Township of Nipissing
Boundary
´
0
1
2
3
0.5
Kilometers
Watercourse
Waterbody
Passed on December 1, 2020
1:40,000
Zoning
Environmental Protection
Zone
Zoning
Beach Areas
Legend
Crown Land
Contains information licensed under
the open government license - Ontario
Provincial Highway
Private Road
Municipal Road (Seasonal)
Municipal Road (Year Round)