North Bay, Ontario
· No. 2015-30
· adopted 2015-03-24
· summary & facts
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The Corporation of the City of North Bay
By-Law No. 2015-30
Comprehensive Zoning By-law
Whereas Section 34 of the Planning Act, R.S.O. 1990, c. P.13 provides that
the councils of local municipalities may pass by-laws to regulate the use of
land and the erecting, location and use of buildings and structures;
And Whereas a new Official Plan for The Corporation of the City of North
Bay came into effect on January 6th, 2012;
And Whereas the Council of The Corporation of the City of North Bay
wishes to implement the objectives and policies of the new Official Plan;
And Whereas the Council of The Corporation of the City of North Bay has
ensured that adequate information has been made available to the public,
and has held at least one public meeting on March 23, 2015 after due notice
for the purpose of informing the public of this By-law;
And Whereas it is deemed desirable to adopt a new Comprehensive Zoning
By-law for the City of North Bay pursuant to Section 34 of the Planning Act
R.S.O. 1990, as amended;
And Whereas the Council of The Corporation of the City of North Bay passed
Committee Report 2015-13 adopted by Council on April 27, 2015 by
Resolution number 2015-192 to approve Zoning By-law 2015-30 as the new
Comprehensive Zoning By-law for the City of North Bay;
Now therefore the Council of The Corporation of the City of North
Bay hereby enacts as follows:
Section 1 - Interpretation and Administration
1.1
Short Title
1.1.1
The short title of this By-law is The City of North Bay Zoning
By-law.
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1.2
Effective Date
1.2.1
This By-law shall come into force and effect upon the date of
passing by council.
1.2.2
If a notice of appeal of this By-law is filed in accordance with the
requirements of s. 34(19) of the Planning Act, R.S.O. 1990 c. P.
13, this By-law, or portions thereof, shall come into force and
effect when all appeals have been resolved or withdrawn and the
By-law, except for those parts or provisions that have been
repealed or modified, shall be deemed to have come into force
and effect the day the By-law is passed.
1.3
Litigation
1.3.1
This By-law does not affect the rights of any part of any land
concerned in any action, litigation or other proceeding pending
on the date the By-law is passed except to the extent to be
determined in the final adjudication of the action, litigation or
other proceedings.
1.4
Use of Land Restricted
1.4.1
Except as permitted by the Planning Act no building, structure
or land shall be used, and no building or structure shall be
hereafter erected, placed, structurally altered or enlarged within
the limits of the municipality except in conformity with this
By-law.
1.5
Administration
1.5.1
This By-law shall be administered by the Managing Director,
Community Services Business Unit, the Zoning Administrator,
and other persons as council may designate from time to time.
1.6
Enforcement
1.6.1
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
Licence shall be issued or given, where the proposed building,
structure or use would violate any provision of this By-law.
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1.7
Entry and Inspection
1.7.1
Subject to section 1.7.2, where an officer believes on
reasonable grounds that any provision of this By-law is being
contravened, the officer or any person acting under his or her
instructions may, at all reasonable times and upon producing
proper identification, enter and inspect any property on or in
respect of which he or she believes the contravention is
occurring.
1.7.2
An officer or any person acting under his or her instructions
shall not enter any room or place actually used as a dwelling
without requesting and obtaining the consent of the occupier,
first having informed the occupier that the right of entry may be
refused and entry made only under the authority of a search
warrant.
1.7.3
Section 1.7.2 does not apply where the officer has obtained a
search warrant pursuant to section 49.1 of the Planning Act.
1.8
Obstruct
1.8.1
No person shall obstruct or attempt to obstruct an officer or a
person acting under the officer's instruction in the exercise of
a power under this section.
1.9
Meaning of "Use"
1.9.1
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 of the owner or occupant for the purpose of
making use of the land, building or structure.
1.10 Number and Gender
1.10.1
Words in the singular include the plural and words in the plural
include the singular.
1.10.2
Gender-specific terms include both sexes and include
corporations.
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1.11 Wording Order Clarifications
1.11.1
Where a defined term in this By-law is reversed, it is done so for
the ease and convenience of reading and to keep like terms
grouped together. The terms shall be considered to be defined in
the same manner. An example of this is 'single detached
dwelling' and 'dwelling, single detached'.
1.12 Buildings to be Moved
1.12.1
No building shall be moved within the limits of the
municipality, except in conformity with this By-law and the
Building By-law of the City of North Bay.
1.13 Offences and Penalty
1.13
Every person who contravenes any provision of this By-law is
guilty of an offence against the Planning Act and on conviction is
liable to the penalties as provided for in the Planning Act.
1.14 Validity
1.14.1
If any provision of this By-law is for any reason declared invalid
by a court of competent jurisdiction, all of the remaining
provisions of the By-law shall remain in full force and effect until
repealed and the declaration shall not affect the validity of the
By-law as a whole.
1.15 Repeals
1.15.1
Zoning By-law 28-80 and all amendments thereto are hereby
repealed upon this By-law coming into effect save and except
By-law 2015-18 and By-law 2015-37.
1.16 Variances
1.16.1
All minor variance applications deemed complete under Section
45 of the Planning Act prior to the enactment of this By-law and
eventually approved pursuant to Section 45 of the Planning Act
or its predecessor, continue to apply and remain in force as if
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they are variances to this By-law for lawfully existing lots,
buildings, and structures.
1.16.2
Previous City of North Bay Zoning By-laws, including their
definitions, shall apply to assist in the interpretation of any
minor variances referred to in section 1.16.1 in the context of
this By-law.
1.17 Transitional Period
1.17.1
Any application, to be evaluated under the City of North Bay
Zoning By-law, which is received and deemed complete during
the transitional phase of this By-law, shall be evaluated under
both the Zoning By-law 28-80 as well as this Zoning By-law
2015-30. The application must conform and comply with all
regulations and provisions in both By-laws.
1.17.2
Despite section 1.15, this By-law does not apply to prevent the
issuance of a building permit for a project for which a complete
application for a building permit, Committee of Adjustment
approval, site plan control approval, part lot control approval,
approval of draft plan of subdivision or draft plan of
condominium, or subdivisions or condominium agreement, has
been received on or after January 1, 2012 and on or prior to May
11, 2015.
1.17.3
For the purpose of section 1.17.2, "complete application" means
an application which could have been approved or granted on
May 11, 2015 had it been processed or disposed of on that day.
1.17.4
Where a project qualifies under section 1.17.2, the building
permit for that project may be issued, or the Committee of
Adjustment approval, the site plan control approval, the part lot
control approval, subdivision or condominium agreement, and
the approval of the draft plan of subdivision or draft plan of
condominium may be granted if the project in question complies
with the provisions of the applicable zoning by-law as in effect
on May 11, 2015.
1.17.5
Nothing in this By-law applies so as to continue the exemption
provided by this section beyond the issuance of the permit upon
which the exemption is founded; and in no case does the
exemption mentioned in section 1.17.4 continue beyond the
repeal of this subsection.
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1.17.6
Once the permit, agreement or approval under section 1.17.2
has been granted, the provisions of this By-law apply to the land
in question.
1.17.7
Section 1.17.2 through to 1.17.6 inclusive are repealed 3 years
from the date of passing of this By-law.
1.18 Zones
1.18.1
For the purposes of this By-law, the City of North Bay is divided
into the following land use zones with the following symbols,
which symbols shall apply to designate zones as shown on
Schedules "B" and "C" attached hereto:
Zone
Symbol
Residential First Density
R1
Residential Second Density
R2
Residential Third Density
R3
Residential Mobile Home Park
R4
Residential Fifth Density
R5
Residential Sixth Density
R6
Residential Multiple First Density
RM1
Residential Multiple Second Density
RM2
Residential Multiple Third Density
RM3
Residential Holding
RH
General Commercial (Inner Core)
C1
General Commercial (Outer Core)
C2
Regional Shopping Centre
C3
District Commercial
C4
Neighbourhood Commercial
C5
Arterial Commercial
C6
Arterial Commercial - Fisher Street
C6F
Arterial Commercial - Lakeshore Drive
C6L
Tourist Commercial
C7
Commercial Holding
CH
Light Industrial
M1
General Industrial
M2
Heavy Industrial
M3
Restricted Industrial
M4
Industrial-Commercial
MC
Railway
MR
Industrial Holding
MH
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Industrial Airport Business Park - Airside
MAP-A
Industrial Airport Business Park - Groundside
MAP-G
Industrial Business Park
MBP
Parkland
P
Open Space
O
Floodway
O1
Floodplain and Erosion
O2
Institutional
N
Rural General
A
Rural Residential Estate
RRE
Rural Residential Lakefront
RRL
Rural Extractive Industrial
RME
Rural Commercial
RC
Rural Marine Commercial
RMC
Rural Institutional
RN
Special Zones
Sp.
1.19 Urban Area Zoning Schedules
1.19.1
The Urban Area of the City of North Bay is defined by the
settlement area boundary as defined by the City of North Bay
Official Plan and as represented on Schedule "A" of this By-law.
1.20 Rural Area Zoning Schedules
1.20.1
The rural area of the City of North Bay is defined as the rest of
the lands not defined in Schedule "A" that are within the
Municipal Boundary as defined by the City of North Bay Official
Plan.
1.21 Defined Zone Areas
1.21.1
The extent and boundaries of all zones are as shown on
Schedules "A", "B" and "C", and all the zones are hereby
defined as areas to which the provisions of this By-law shall
apply. The area enclosed by any zone boundaries, includes
streets, rights-of-way, and watercourses.
1.22 Zone Boundary
1.22.1
When determining the boundary of any zone as shown on any
Schedule forming part of this By-law, the following provisions
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shall apply:
1.22.1.1
A boundary indicated as following a highway, street or
lane shall be the centreline of the highway, street or
lane;
1.22.1.2
A boundary indicated as following a watercourse, or the
right-of-way of a railway or an electrical, gas or oil
transmission line shall be the centreline of the watercourse
or right-of-way;
1.22.1.3
A boundary indicated as following the natural shoreline
shall follow the natural shoreline, and in the event of a
change in the natural shoreline, the boundary shall be
construed as moving with the actual natural shoreline;
1.22.1.4
A boundary indicated as approximately following lot lines
shown on a Registered Plan of Subdivision, or Reference
Plan, or Township lot lines shall follow the lot lines;
1.22.1.5
Where a boundary is indicated as approximately parallel to
a street line or other feature, indicated in Sections
1.22.1.1, 1.22.1.2 and 1.22.1.3 above, and the distance
from the street line or other feature is not indicated, and
Section 1.22.1.4 above is not applicable, the boundary
shall be construed as being parallel to the street line or
other feature, and the distance therefrom shall be
determined according to the scale shown on the
appropriate Schedule; and
1.22.1.6
A boundary indicated as following the limits of the
municipality shall follow those limits.
1.23 Closed Street, Lane, or Right-of-way
1.23.1
In the event a dedicated street or lane or right-of-way shown
on any Schedule forming part of this By-law is closed, the
property formerly in the street or lane, or right-of-way shall
be included within the zone of the adjoining property on either
side of the closed street or lane, or right-of-way. If a closed
street or lane, or right-of-way is the boundary between two or
more different zones, the new zone boundary shall be the
former centreline of the closed street or lane, or right-of-way.
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Section 2 - Definitions
For the purposes of this By-law the definitions and interpretation given in
this Section shall govern:
Abutting or abut:
Having a common lot line in any yard with an adjacent property, street, or
other feature.
Accessory:
A use, building or structure that is detached from the main building and
is naturally and normally incidental, subordinate and exclusively devoted to
the principal use, building or structure located on the same lot. An
accessory structure does not include a structure made wholly, or in a
large part, of fabric.
Adult entertainment parlour:
Any premises or part thereof in which services are provided in pursuance of
a trade, calling, business or occupation or services appealing to, or designed
to appeal to, erotic or sexual appetites or inclinations, and without limiting
the generality of the foregoing:
a)
"Services" include activities, facilities, performances, exhibitions,
viewings, and encounters, but does not include the exhibition of
film approved under the Film Classification Act, S.O. 2005, c. 17;
and
b)
"Services designed to appeal to erotic or sexual appetites or
inclinations" includes:
i) Services of which a principal feature or characteristic is the
nudity or partial nudity of any person; and
ii) Services in respect of which the word "nude", "naked",
"topless", "bottomless", "sexy" or any other word or any
picture, symbol or representation having like meaning or
implication is used in any advertisement.
Amenity space:
Open, unobstructed space on a lot which is suitable for landscaping or an
open green space, including any part of the site occupied by recreational
accessory buildings, any surfaced walk, patio or similar area, any sports or
recreational area, swimming pool, any balcony at least 1.5m 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, any curb, retaining wall, parking area or
loading space.
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Asphalt/concrete plant:
An industrial facility used for the production of asphalt or concrete, or
asphalt or concrete products, used in building or construction, and includes
the stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises and the storage and
maintenance of required equipment. This includes a sale and distribution
function.
Attached:
When a building, otherwise complete in itself, depends for structural
support or complete enclosure upon a division wall or walls shared in
common with an adjacent building or buildings.
Automobile sales, service, and leasing establishment:
A commercial establishment within a building and/or lot used for the
display and sale or lease of new or used motor vehicles. This may also
include the sale of automotive accessories including fluids, tires, lights,
parts, and other related products as well as services including cleaning,
polishing, greasing, and other related maintenance services. This
establishment may also include an automobile service station that can be
used to repair motor vehicles as an accessory use.
Automobile service station:
A commercial operation where products for motor vehicles are kept for
sale, such as oil, grease, anti-freeze, tires, tubes, tire accessories, electric
light bulbs, spark plugs and batteries. An automobile service station may
also perform servicing essential to the actual operation of the motor vehicle
and may also include a gas bar, convenience store or an automobile
washing establishment as an accessory to the primary use, but does
not include a body shop.
Automobile washing establishment:
A commercial operation containing manual or automated facilities for
washing or cleaning vehicles, but does not include an automobile service
station, body shop or a gas bar. An automobile washing
establishment may also include a car detailing service.
Backlot:
The use of property for temporary set construction, building facades,
streetscapes and/or permanent buildings for use in filming but does not
include broadcast studio or newsroom, production studio, or
production studio & backlot. (Amended by By-law No. 2023-90)
Balcony:
A platform projecting from the face of a wall, other than on the first storey,
which is cantilevered or supported by columns or brackets and surrounded
by a railing.
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Bar:
A licensed drinking establishment, the principal business of which is to
serve any sort of beverage alcohol to the public for consumption on the
premises, and includes a tavern or nightclub but does not include an Adult
entertainment parlour. A bar may also serve food.
Barn
A large farm building primarily used for the storage of farm equipment and
agricultural products and/or the housing of livestock.
Basement:
Any space of the dwelling that is partly below grade which has less than
50% of its interior height measured from floor to ceiling above the average
established grade around the exterior of the building.
Bed and breakfast:
An owner-occupied, private, single detached dwelling that is the owner's
principal residence. It provides temporary accommodation for the travelling
public not exceeding 28 consecutive days, and amenities and services
auxiliary to guest accommodation, including the preparation and service of
breakfast for an all-inclusive fee, but does not include a hotel, boarding,
lodging or rooming house or group home type 1, 2 or 3.
Boarding, lodging or rooming house:
A building or part thereof, in which lodging is provided for more than four
persons in return for remuneration or for the provision of services or for
both, and in which the lodging rooms do not have both bathroom and
kitchen facilities for the exclusive use of individual occupants, but does not
include a group home type 1, 2 or 3, hotel, hospital, retirement home
or institutional use licensed, approved or supervised under Provincial or
Federal Legislation.
Boathouse:
A detached accessory building used for the berthing, sheltering or storing
of boats and related equipment, built, founded or anchored near or at the
shoreline of a navigable waterway or on land, which extends partially or
completely over the water, but does not include any areas designated for
living, sleeping, eating or food preparation by humans.
Boathouse, Dryland:
A boathouse that does not project over the water. A dryland boathouse shall
not be located closer to the shoreline than the principal building on the lot,
and must meet the regulations of an accessory building.
Boat Port:
A detached accessory building used for the berthing, sheltering or storing
of boats and related equipment that is roofed, but not enclosed by more
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than one wall and is built, founded or anchored near or at the shoreline of a
navigable waterway or on land.
Body shop:
A building or structure used as an automobile service station but also
includes structural repairs to vehicles, painting, and refinishing. A body
shop may also include a towing service and motor vehicle rentals for the
convenience of the customer while the vehicle is being repaired.
Brewery, Micro:
An establishment which is used for the self-contained manufacturing,
production, storage, packaging, bottling, canning, and shipping of 50,000
hectolitres or less of beer or similar beverages per year as authorized by a
license issued by the Alcohol and Gaming Commission of Ontario. (Amended
by By-law No. 2022-31)
Brewery, Manufacturing:
A building or structure which is used for the self-contained manufacturing,
production, storage, bottling, canning, and shipping of 50,000 hectolitres or
more of beer or similar beverages per year as authorized by a license issued
by the Alcohol and Gaming Commission of Ontario. (Amended by By-law No.
2022-31)
Broadcast studio or newsroom:
Any building or structure used primarily for the purpose of preparing and
broadcasting news, music, or other information over a variety of mediums
including radio, television and internet but does not include production
studio, backlot, or production studio & backlot. (Amended by By-law
No. 2023-90)
Buffer:
A strip of vegetated land devoted exclusively to the provision of visual
amenity and barrier between adjacent uses which lessens the
incompatibility between different land uses.
Builder's supply yard:
A business that provides building supplies for renovation and construction
projects to contractors and other people. The primary focus of a builder's
supply yard is the bulk sale of raw materials associated with building and
construction. This type of establishment does not typically sell smaller home
decorating and minor repair supplies that could be found in a home
improvement centre.
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Building:
A structure, whether permanent or temporary, with walls, a floor, or a roof,
or part thereof, used or intended to be used for shelter, accommodation or
enclosure of persons, animals and/or goods.
Building line:
Any line regulating the position of a building or structure on a lot relative
to the property lines or established by the setback regulations of this By-
law.
Bulk sales establishment:
The use of land, structure or building for the purpose of buying and
selling fuels, building, and landscaping materials, ice, or other
commodities, but does not include any manufacturing, assembling, or
processing uses.
Camping establishment:
A commercial operation used for a range of overnight camping experiences,
from tenting to serviced trailer sites, including accessory facilities which
support the use and requirements of the clientele, such as administration
offices, laundry facilities, or a convenience store.
Card lock gas facility:
A gas dispensing facility that is not open to the general public, and is
generally directed towards transport trucks and other larger vehicles and
equipment consuming a lot of fuel. These are generally not manned by any
employees on a regular basis and are activated through a card or pin system
established by the operator.
Carport:
A covered structure attached to the wall of the main building for the
purpose of shielding a vehicle and a portion of the driveway and is often
supported by piers or columns so that it is open on two or more sides. A
carport does not include any structure made of fabric.
Cemetery:
Land that is set apart or used as a place for interment of human remains in
accordance with Funeral, Burial and Cremation Service Act, 2002, S.O.
2002, C. 33 and amendments thereto. A cemetery may include accessory
uses such as a mausoleum, crematorium, and columbarium.
Commercial agricultural use:
The cultivation of crops and animal husbandry for profit or commercial
purposes including the packaging or production incidental to those uses, but
not including the commercial slaughter, processing, or packaging of animals.
This may include, but is not limited to, apiaries, greenhouses and nurseries,
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commercial fruit and vegetable production, forestry related operations,
poultry or game farms, fish hatcheries, and operations including livestock or
horses and any buildings or structures directly associated with these
uses.
Commercial parking lot:
An open lot or parking structure, other than a street, used for the
temporary parking of two or more vehicles for profit or gain.
Commercial motor vehicle:
A vehicle that is used to serve the needs of a commercial operation in
some way. A commercial motor vehicle may include but is not limited to
a bus, trailer, utility van, cube truck, tow truck, tilt and load style truck,
dump truck, tractor trailer, semi-trailer, ambulance, or hearse.
Common wall:
A vertical wall separating two dwelling units between the top of the
footings to the underside of the roof deck, and shall be mutually common to
both dwelling units.
Community centre:
A community facility designed to provide residents with a place to go for
social activities and planned events for varying periods of time, but limited
to the daytime hours only. A community centre is designed to serve the
needs of the immediate neighbourhood.
Conservation area:
An area that is protected for the purpose of conservation of natural land
features either privately or for the enjoyment of the public. A conservation
area may be privately held or may be maintained and stewarded by a public
organization such as the North Bay-Mattawa Conservation Authority.
Conservation authority:
The Government body responsible for the administration of a conservation
area as established and defined by the Conservation Authorities Act, R.S.O.
1990, c. C.27 and amendments thereto. In the City of North Bay, this body
is the North Bay-Mattawa Conservation Authority.
Contractor's yard:
An area with or without buildings or accessory structures used for the
storage of materials and equipment related to the construction industry
where a contractor may perform shop or assembly work, but shall not
include a salvage yard.
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Convenience store:
An establishment that is primarily engaged in providing the sale of everyday
personal items of use or necessity to the local area. Some of these items
may include, but are not limited to, food and snacks, beverages,
pharmaceutical drugs, tobacco products, lottery items, and newspaper and
magazine products.
Council:
The council of The Corporation of the City of North Bay.
Courier distribution depot:
A business that acts as a regional hub for a courier distribution service and is
used as a central point where packages are shipped to and locally
distributed by courier vehicles. Courier vehicles and accessory
warehousing and storage may form part of a courier distribution depot.
Data storage and processing firm:
A business that specializes in the collection, storage, and processing of raw
data. This would be a digital information hub that consists of multiple
servers and processing systems that deal with very large amounts of data.
Similar uses that deal with internet communications, data, and data servers
would fall under this heading.
Day nursery:
A commercial operation licensed under the Child Care and Early Years Act,
2014, S.O. 2014, c.11, Sched. 1 that receives more than five children who
are not of common parents, primarily for the purpose of providing temporary
care or guidance for a continuous period not exceeding twenty-four hours,
where the children are:
a)
Under eighteen years of age in the case of a day nursery for
children with a developmental disability;
b)
Under ten years of age in all other cases;
c)
But does not include a public school, separate school, private
school, or a school for children with developmental disabilities
under the accessibility for Accessibility for Ontarians with
Disabilities Act, 2005, S.O. 2005, c. 11.
Daylight corner:
A corner lot located at the intersection of two streets where no visual
obstruction will be permitted that will obstruct the vision of any motorist in
any way.
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Deck:
A structure without a roof having a foundation to hold it erect and
attached to or abutting one or more walls of a building or constructed
separate from a building, with or without direct access to the ground, the
floor of which is greater than 0.3m above the established grade but shall
not include a landing or a stair. Any portion of a dock structure that extends
onto the land above the shoreline is considered a deck.
Distillery, Micro:
An establishment that is used for the self-contained manufacturing,
production, storage, packaging, bottling, canning, and shipping of 9,000
hectolitres or less of alcohol (not beer) per year as authorized by the Alcohol
and Gaming Commission of Ontario. (Amended by By-law No. 2022-31)
Distillery, Manufacturing:
An establishment that is used for the self-contained manufacturing,
production, storage, packaging, bottling, canning, and shipping of 9,000
hectolitres or more of alcohol (not beer) per year as authorized by the
Alcohol and Gaming Commission of Ontario. (Amended by By-law No. 2022-
31)
Driveway:
That portion of a lot used to provide parking or access from the street to a
parking space or spaces and which has been graded and gravelled or
surfaced with concrete, brick, asphalt, crushed stone or other hard surface
and dustless materials.
Drive through:
A facility that makes up a component of a commercial operation that allows
clients to remain in their vehicles before, during, and after a commercial
transaction occurring on the premises. This might include but is not limited
to restaurants, retail, and services uses.
Dry cleaning depot:
A building or structure used for the purpose of collection and distribution
of articles or goods of fabric to be subjected to the process of dry cleaning at
a dry cleaning establishment.
Dry cleaning establishment:
A building or structure used for the purpose of collection, distribution and
the processing of articles or goods of fabric to be subjected to the process of
dry cleaning, dry dyeing, cleaning, spotting, and stain removal, and for the
pressing and alterations of any articles or goods which have been subjected
to any of the above processes.
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Dwelling:
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, lodging or rooming houses, recreational vehicles and group
homes type 2 and 3 or other institutional uses.
Dwelling, accessory:
A dwelling where the residential function is secondary to the primary use
in the zone, and may be contained either within its own building or as part
of the primary building.
Dwelling Unit, Additional Residential Urban:
A dwelling unit that is ancillary and subordinate to the main dwelling unit
within the Urban settlement area, and connected to municipal services.
(Added by By-law 2025-37)
Dwelling Unit, Additional Residential Rural:
A dwelling unit that is ancillary and subordinate to the main dwelling unit
not within the Urban settlement area that may be contained within the
main building on a lot or within an accessory structure on the same lot,
but not both and connected to private services. (Added by By-law 2023-40)
Dwelling Unit, Additional Residential:
The Zoning By-law will use Additional Residential Dwelling Unit when
reference is made to both the Additional Residential Urban Dwelling Unit and
the Additional Rural Dwelling Unit. (Added by By-law 2023-40)
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Dwelling, apartment:
A building consisting of five or more dwelling units, which units have a
common entrance either directly to the outside or through a common
vestibule and the occupants of which have the right to use, in common,
halls, stairs, elevators, yards or any combination of the above but shall not
include a townhouse.
Dwelling, duplex:
A separate building that is divided into two dwelling units, each of which
has an independent entrance either directly to the outside or through a
common vestibule.
Dwelling, fourplex:
A separate building that is divided into four dwelling units, each of which
has an independent entrance either directly to the outside or through a
common vestibule, but shall not include a townhouse.
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Dwelling, semi-detached:
A building that is divided vertically into two dwelling units by a common
wall which prevents internal access between semi-detached dwelling
units and extends from the base of the foundation to the roof line; each
semi-detached dwelling unit shall be designed to have access to, and
front onto, a street.
Dwelling, single detached:
A completely detached dwelling unit to which entrance is gained only by a
private entrance directly from outside the building.
Dwelling, townhouse (cluster):
A building, or group of buildings, that are divided vertically by common
walls into three or more dwelling units, each of which has independent
entrances, to a front and rear yard immediately abutting the front and
rear walls of each dwelling unit. Buildings in a cluster townhouse may
front onto private driveways and may face different directions from each
other and be oriented a number of different ways on the lot.
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Dwelling, townhouse (stacked):
A building, or multiple buildings that are divided by common walls into
units that are stacked on top of each other, as well as connected to the unit
beside with all units having independent private entrances. A stacked
townhouse may front onto a municipal roadway as a street front
townhouse would, or may front onto a private driveway as a cluster
townhouse would.
Dwelling, townhouse (street front):
A building, or multiple buildings that are divided vertically by common
walls into three or more dwelling units, each of which has independent
entrances to a front and rear yard immediately abutting the front and
rear walls of each dwelling unit, with each unit fronting onto a municipal
roadway.
Dwelling, triplex:
A building that is divided into three dwelling units, each of which has an
independent entrance either directly to the outside or through a common
vestibule, but shall not include a townhouse.
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Dwelling unit:
A room or suite of habitable rooms which:
a)
Is located in a building;
b)
Is used or intended to be used by one or more persons as a
single, independent and separate household unit;
c)
Contains food preparation and sanitary facilities for the exclusive
common use of the occupants; and
d)
Has a means of egress directly to the outside of the building or
through a common vestibule.
Easement:
A vested or acquired right by statute or registered agreement at The Land
Registry Office to use land, other than as a tenant, for a specific purpose
with the right being held by someone other than the registered owner.
Efficiency unit:
A dwelling unit consisting of one main room and some combination of
bathroom, kitchen, closets, dining alcove and hall space.
Erect:
To build, to construct, to reconstruct, to alter, to enlarge or to relocate and,
without limiting the generality of the foregoing, includes any associated
physical operation such as excavating or grading, or structurally altering any
existing building or structure by an addition, deletion, enlargement, or
extension.
Established building line:
The average distance from the street line of existing buildings in any
block where more than half the frontage has been built upon at the date of
the date this By-law came into effect.
Exhibition building:
A building built for manufacturing, warehousing or other industrial
purposes, or an arena used for the purpose of exhibiting and or the
demonstrating of trades, goods and services.
Existing:
When used in relation to a use, building or structure means legally present
on or before the day this By-law came into effect.
Farmer's market:
The use of lands, buildings or structures or part thereof, by farmers and
other vendors, for the purpose of selling agricultural, horticultural food
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products and crafts to the general public and activities associated with the
above uses.
Financial institution:
An establishment which provides money management services directly to
the public, including a bank, trust company, or a credit union.
Flea market:
A building in which stalls or sales areas are set aside and rented or
otherwise provided, and which are intended for use by various unrelated
individuals to sell articles that are either homemade, home grown,
handcrafted, old, obsolete, or antique, and may include the selling of goods
at retail by businesses or individuals who are generally engaged in retail
trade.
Floor area:
The space of any storey of a building between exterior walls and required
fire walls, including the space occupied by interior walls and partitions. A
fire wall located on a property line separating two properties under separate
ownership shall, for the purpose of this definition, be considered an exterior
wall.
Floor area, gross:
The sum of all floor areas above grade, except in the case of an
apartment building where part of the area of the basement is used for a
dwelling unit(s), in which case the area constitutes part of the gross floor
area measured between the internal faces of the exterior walls of the
building at the level of each floor, including any part of the building above
grade used for the storage or parking of motor vehicles, locker storage
and laundry facilities, but excluding any part of the building used for
mechanical purposes which are an integral part of the building.
Freight container:
Standardized reusable steel box that is generally associated with the
overseas shipping industry.
Funeral home:
A commercial establishment providing funeral supplies and services to the
public. This may include a crematorium and associated services as outlined
by Ontario's Funeral, Burial, and Cremation Services Act, 2002.
Garage, attached:
A private garage, as part of a dwelling unit, which is on the same lot and
is attached to the main building.
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Garage, private:
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.
Garage, temporary:
A temporary prefabricated shelter usually constructed with a metal, wood or
plastic frame and covered with a tarpaulin or other similar type of fabric or
plastic cover, which is designed or used for the storage of vehicles or other
equipment accessory to a residential use only.
Garden centre:
The use of lands, buildings or structures or part thereof for the purpose of
buying or selling lawn and garden equipment, furnishings, supplies and
nursery stock but does not include the bulk sales of landscaping products
or unpackaged landscaping materials. A garden centre may sell produce
as well as operate a plant/flower nursery as accessory uses.
Gas bar:
The use of lands, buildings, or structures where vehicle fuel or lubricants
are offered for sale, but where no provision is made for the repair or
maintenance of vehicles. For the purpose of this definition, a gas bar may
include a convenience store or an automobile washing establishment
as an accessory use.
Generator:
An emergency or stand-by machine that runs on fuel, battery or other power
source that generates and converts mechanical energy into electrical energy,
and is not used as the main source of power.
Golf course:
A public or private area operated for the purpose of playing golf including a
par three golf course and including ancillary uses such as a driving range,
a miniature golf course, and a clubhouse.
Government lands and buildings:
Lands or buildings used by a municipal, provincial, or federal government
agency for the purpose of carrying out their operations and business.
Grade, established:
With reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior of all sides of the building, and
when used with reference to a structure, means the average elevation of
the established grade of the ground immediately surrounding the
structure, and, when used with reference to a street, road or highway,
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will refer to the elevation established by the municipality or other
designated authority.
Grocery store:
A building, or a portion of a building, where food and other household
items are kept for sale at retail to the general public and which operates on
a self-service, cash and carry basis and may include facilities for parcel pick-
up.
Group home type 1:
A single housekeeping unit in which up to 4 residents (excluding the staff or
receiving family) live as a family under responsible supervision consistent
with the requirements of its residents, and the group home is licensed or
approved under Provincial or Federal Statute.
Group home type 2:
An occupancy in which up to 8 patients (excluding the staff or receiving
family) live and receive treatment under responsible supervision consistent
with the requirements of its residents, and the group home is licensed or
approved under Provincial or Federal Statute. A group home type 2 may
also include a hospice.
Group home type 3:
A residence maintained and operated primarily for persons who have been
placed on probation under the provisions of the Children's Law Reform Act,
R.S.O. 1990, c. C.12, the Criminal Code, R.S.C. 1985, C. C-46, the Youth
Criminal Justice Act, S.C. 2002, c. 1, or any Act passed to replace the
foregoing Acts, or persons who have been released on parole under the
provisions of the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22
or Corrections and Conditional Release Act, S.C. 1992, c. 20, or any Act that
has been passed to replace the foregoing Acts, or persons who have been
charged under the Youth Criminal Justice Act but who have been placed in
open or secure custody. A group home type 3 may include a group home
type 1 or a group home type 2.
Height of building:
The vertical distance between the established grade at the base of a main
wall of the building and:
a)
The highest point of the roof surface, if a flat roof;
b)
The deck line, if a mansard roof;
c)
The midpoint between the eaves and the ridge, if a hip, gable, shed or
gambrel roof; or
d)
The highest point of the building or structure in all other cases.
Highway:
A public way for purposes of vehicular or pedestrian travel, including the
entire dedicated area, with or without provision made for curbs, sidewalks
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and/or paved gutters and owned and maintained by a public authority or
Ministry of Transportation.
Hobby farm:
A parcel of land which includes the principal residence and barns, sheds,
pens and similar accessory buildings which are used for the sole purpose
of the persons residing at the residence and are not used for commercial
agricultural uses.
Home based business:
A commercial undertaking carried on for gain or profit which is accessory
and subordinate to the principal residential use of the dwelling unit.
Home improvement centre:
A commercial business that focuses on the sale of building supplies and
materials, as well as home finishing and decorating items, which would be
used by an individual for work in and around their home. A home
improvement centre will focus primarily on individual consumers for their
own personal project needs.
Hospice:
A care home, that is generally smaller in size than most medical facilities or
retirement homes, that provides assistance and care for people who are
often very sick or terminally ill.
Hospital:
A hospital as defined by the Public Hospitals Act. R.S.O. 1990, C. P.40, the
Mental Health Act, R.S.O. 1990, c. M.7, or the Private Hospitals Act. R.S.O.
1990, c. P.24, as amended, or any act passed to replace the foregoing.
Hotel:
A commercial establishment used for temporary rental sleeping
accommodations for travellers governed under the Innkeepers' Act R.S.O.
1990, c. I.7. A hotel may offer other facilities on premises for the benefit of
their customers that are ancillary to the main use, such as personal
service establishments, restaurants, retail stores or commercial
recreation. For the purposes of this By-law, a hotel shall also include a
motel but shall not include any residential uses, such as an efficiency unit,
a boarding, lodging or rooming house or a mobile home park.
Industrial class 1:
Basic industrial uses where such operations do not involve the emission of
air or water pollutants that exceed the standards set by the appropriate
Provincial Regulatory Authority. This type of industrial use usually occurs
solely inside a building and consists of the manufacturing, assembling,
processing, warehousing or other treatment of goods, substances or things
including, but not limited to, food and beverage processing, laboratory
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and/or research and development facility, value added wood products,
electronics repair and assembly, and auto parts suppliers.
Industrial class 2:
General industrial uses where such operations do not involve the emission
of air or water pollutants that exceed the standards set by the appropriate
Provincial Regulatory Authority. General industrial uses commonly consist of
the manufacturing, assembling, processing, warehousing or other treatment
of goods, substances or things including, but not limited to, food and
beverage, rubber, leather, textiles, value added wood products,
transportation and communication industries, or similar uses such as
construction yards, machining and metal fabrication, recycling, industrial
equipment manufacturing, sales, service and storage. This does not include
forest product industries, refineries, mills, foundries, chemical plants, mines,
pits, quarries, oil wells or similar heavy industries.
Industrial class 3:
Heavy industrial uses where such operations do not involve the emission of
air or water pollutants that exceed the standards set by the appropriate
Provincial Regulatory Authority. Heavy industrial uses are generally
incompatible with most other land uses and consist of the manufacturing,
assembling, processing, warehousing or other treatment of goods,
substances or things including, but not limited to, refineries, foundries,
chemical plants, or mills. This does not include a mine, pit, quarry, or an oil
well.
Industrial equipment sales, service, and leasing establishment:
A commercial establishment within a building and/or lot used for the
display, sale or lease of new or used industrial equipment. This may also
include the sale of accessories including fluids, tires, lights, parts, and other
related products as well as services including cleaning, polishing, greasing,
and other related maintenance services. This establishment may also include
a body shop, as part of the same building that can be used to repair
industrial equipment as an accessory use but may not be used for motor
vehicles or recreational vehicles.
Institutional use:
The use of land, buildings or structures for a public purpose including
schools, places of worship, community centres, and hospitals.
Kennel:
A place where dogs are bred and raised, sold, kept for sale, or boarded but
does not include a veterinary establishment.
Laboratory:
A building, or part thereof, used for research, testing, evaluation and
development.
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Landscaping:
Any combination of vegetation including 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 to provide a screen to
mitigate any objectionable aspects that may detrimentally affect adjacent
land.
Lane:
A public thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation.
Library, museum, or art gallery:
Any building or area to be used for the preservation, collection, and display
of significant works of artistic, historical, scientific, musical, sporting, or
other worth as well as any offices or other facilities in support of, or used in
connection with, the library, museum, or art gallery. This also includes
any area for the purpose of containing printed, electronic, and pictorial
material as well as all supporting facilities.
Limited agricultural:
A basic agricultural use that is to have no buildings or structures as part
of the use and to have no added fertilizers or other supplements and have
only very limited modification to the landscape. This use shall not
incorporate animals in any way.
Loading space:
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 the vehicles.
Lot:
Any parcel of land which is a separate parcel of record or is shown as a
whole lot on a registered Plan of Subdivision, including any part of which is
subject to an easement or right-of-way.
Lot area:
The total horizontal area within the lot lines of a lot. (See Figure 2.1)
Lot coverage:
The percentage of lot area covered by all buildings, main and accessory,
above ground level. Where a property has more than one zone the lot
coverage in each zone applies and shall be deemed to apply only to that
portion of the lot that is located within the zone. (See Figure 2.1)
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Lot depth:
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-points of the front and rear lot lines. (See
Figure 2.1)
Lot frontage:
The horizontal distance between the side lot lines measured along the
front lot line, except: (See Figure 2.1) (See Figure 2.2)
a)
Where the front lot line is not perpendicular to the side lot lines,
which are parallel, lot frontage means the horizontal perpendicular
distance between the side lot lines;
(b)
Where the front lot line is not a straight line and the side lot lines are
not parallel, the lot frontage is to be measured from a line 6m back
and parallel to the chord of the lot frontage, and for the purpose of
this paragraph, the chord is a straight line joining the two point where
the side lot lines intersect the front lot line. [amended by By-law
2016-25]
c)
Where the lot abuts a shore road allowance that has not been closed,
the lot frontage is the distance along the shortest line joining points
where the side lot lines intersect the inner limit of the shore road
allowance;
d)
Where there are no side lot lines, such as in the case of a peninsula,
lot frontage is the greatest distance between any two points on the
shoreline, or in the case where the shore road allowance has not been
closed, the inner limit of the shore road allowance and any point on
the rear lot line; and
e)
Where there are no side or rear lot lines, such as in the case of an
island lot frontage is the greatest distance measured between any
two points on the shoreline, or in the case where the shore road
allowance has not been closed, the inner limit of the shore road
allowance.
Lot frontage, shoreline property:
Where the front lot line abuts a lake, the lot frontage is considered the
straight line between the two points where each side lot line meets the
water's edge. The setback shall still be measured from the water's edge.
Lot line:
Any boundary of a lot. (See Figure 2.4)
Lot, corner:
A lot bounded on two or more sides by one or more public roads, provided
that the angle of intersection of the public roads is not more than 135
degrees. (See Figure 2.3)
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Lot, interior:
A lot other than a corner lot or a through lot. (See Figure 2.3)
Lot, through:
A lot, with the exception of a corner lot, that connects two more or less
parallel streets. (See Figure 2.3)
Lot line, flankage:
The longer lot line which abuts the street on a corner lot. (See Figure
2.4)
Lot line, front:
The lot line that abuts the street except that: (See Figure 2.4)
a)
In the case of a corner lot, the shorter lot line that abuts the
street shall be deemed to be the front lot line;
b)
In the case of water frontage, the lot line that abuts the body
of water, being the surveyed normal water's edge, shall be
deemed to be the front lot line and the lot line that abuts a
road to the rear of the lot shall be considered the rear lot line;
and
c)
In the case of a through lot, the shorter lot line that abuts the
street shall be deemed to be the front lot line.
Lot line, rear:
The lot line furthest from or opposite to the front lot line. (See Figure
2.4)
Lot line, side:
A lot line other than a front or rear lot line. (See Figure 2.4)
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FIGURE 2.1
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FIGURE 2.2
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FIGURE 2.3
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FIGURE 2.4
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Main building:
The building designed or used for the principal use on the lot and
includes any attached use, such as a garage or carport.
Main wall:
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 the members are nearer to a lot line than the exterior wall.
Marina:
A commercial establishment containing docking or mooring facilities where
boats or boat accessories are berthed, stored, serviced, repaired,
constructed or kept for sale or lease. A marina may also include ancillary
uses that support the operation of the marina, such as but not limited to
the sale of marine fuels or lubricants, restaurants, convenience stores,
or water taxi services. A marina may also include similar facilities to
accommodate water borne aircrafts.
Medical practitioner:
An individual who practices any of the health disciplines regulated under a
Provincial Act. This shall include, but is not limited to, a dentist, psychiatrist,
chiropractor, physician, or optometrist but does not include a veterinarian.
Mobile home:
Any dwelling that is designed to be made mobile and constructed or
manufactured to provide a permanent residence for one or more persons,
but does not include recreational vehicles such as a travel trailer, tent
trailer, or trailer otherwise designed.
Mobile home park:
A number of mobile home lots provided with full municipal services where
mobile homes are used for permanent residence, and includes all
accessory buildings necessary to the operation of the park.
Municipality:
The Corporation of the City of North Bay.
Non-complying, legal:
A use which was legally established on or before the date that this By-law
came into effect, which does not comply with the regulations or provisions of
this By-law as of the date the By-law took effect so long as it continues to be
used for that purpose.
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Non-conforming, legal:
A use which was legally established on or before the date that this By-law
came into effect, which is not a permitted use in the zone in which the use
is situated for the purposes of this By-law so long as it continues to be used
for that purpose.
Non-principal dwelling unit short-term rental:
A short-term rental that is not someone's principal dwelling unit (where
they do not live primarily). (Amended by By-law 2022-76)
Non-profit use:
Facilities provided by any group or organization without profit or gain for
special purposes such as, but not limited to, a club, or a community
centre, but does not include school facilities, public parks, playgrounds,
arenas, stadiums, swimming pools, skating rinks, commercial-recreational
establishments or any class of group home.
Office, business:
Building or part thereof in which the administrative functions of agencies,
foundations, brokers or similar organizations are carried out, but does not
include professional offices, veterinary establishments or personal
service establishments.
Office, corporate administrative:
An establishment primarily engaged in overall management and general
supervisory functions such as executive, personnel, finance, legal, and sales
activities, performed in a single location or building for other branches or
divisions of a firm involved in any use that would normally be permitted
within the zone. A corporate administrative office specifically excludes
professional offices, clinics, banks and other similar uses, such as a realtor,
legal office, financial services and medical offices.
Office, professional:
A building, or part thereof, in which a professional service is performed or
consultation given. Without limiting the generality of the foregoing, this
includes but is not limited to the offices of a lawyer, a planner, an architect,
a surveyor, an engineer or a chartered accountant, but does not include a
personal service establishment, a veterinary establishment,
corporate administrative office or a business office.
Officer:
The Director, Community Development and Growth and his or her designate,
the Zoning Administrator and his or her designate, and any person or class
or person appointed by council as a by-law enforcement officer to enforce
this By-law.
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Open space:
An area that is landscaped and designed to be used as a recreational area
for the inhabitants of the dwelling unit.
Outside storage:
The storage of goods in the open air and in unenclosed portions of buildings
which are open to the air on the sides.
Park, public:
A park owned, maintained or controlled by the municipality or by any
Board, Commission, or other authority established under any federal or
provincial statute.
Parking area:
An area on a lot used for the parking of motor vehicles as accommodation
for visitors, clients, customers, members of the public, residents or
employees, whether free or for profit.
Parking space:
That portion of a parking area exclusive of any driveway or aisle which is
used for the parking of not more than one motor vehicle.
Person:
Any person, association, partnership, corporation, municipal corporation,
corporation created under the Condominium Act, 1998, S.O. 1998, c. 19,
organization, agent or trustee and the heirs, executors or other legal
representatives of a person to whom the provisions and regulations of this
By-law can apply according to law.
Personal service establishment:
An establishment in which personal services are provided and otherwise
administered for the benefit of people and the community. Without limiting
the generality of the foregoing, this may include the premises of a barber,
hairdresser, beautician, tailor, or a tanning shop but excludes funeral
homes, medical offices, pharmacy and any manufacturing or fabrication of
goods for sale.
Pet daycare facility:
An establishment conducted during regular business hours, which is engaged
in grooming and supervision of pet animals. A pet daycare facility is not a
kennel or a veterinary establishment and does not operate on a 24 hour
basis.
For the purpose of this By-law, the North Bay District Humane Society shall
be considered a Pet Daycare Facility with the exception of the hours of
operation.
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Pet Grooming:
An establishment used for the washing, clipping, drying and grooming of
domesticated animals. Pet Grooming does not include Pet Daycare facilities
and the keeping of animals overnight. (Amended by By-law 2022-31)
Pet shop:
Any retail establishment that is primarily engaged in selling small household
pets including cats, hamsters, fish, guinea pigs, lizards, and other similar
animals but not dogs or other larger animals. A pet shop may provide pet
services such as grooming and washing but is not a pet daycare facility,
kennel, or veterinary establishment.
Pit:
Any depression or cavity in the natural level of the ground made other than
by natural causes by the removal of soil or rock, or both, for the purpose of
removing sand, gravel, stone or similar material which is to be used for
road building, construction or manufacturing purposes.
Places of entertainment:
A use that is for the general enjoyment of people including, but not limited
to, a motion picture or other theatre, auditorium, public hall, billiard or pool
hall, bowling alley, dance hall, or music hall, but does not include any Adult
entertainment parlour or other use based in entertainment, recreation or
amusement that is otherwise defined or classified in this By-law.
Places of worship:
A building or use dedicated to religious worship or other spiritual functions
and may include accessory uses such as a nursery school, an assembly
hall, a school of religious education, or other structures accessory to the
primary religious function.
Porch:
A covered area adjacent to the entrance to a building that does not have
walls or windows enclosing it that are above 1m in height. Support columns
are permitted to extend above the 1m height.
Post office:
The area in a building or an entire building, used to provide the service of
receiving, conveying and delivering the mail as part of Canada Post or a
private delivery of correspondence or parcels. This may also include
commercial operations providing mailbox services and satellite post offices,
whether they are contained within a larger commercial operation or not but
does not include a courier distribution depot.
Post-secondary institution:
A university, college, or similar institution, as defined by Provincial
legislation.
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Principal/primary use:
The predominate purpose for which any land, building, structure or
premises, or part thereof, is used, designed, arranged, occupied or
maintained.
Principal dwelling unit short-term rental:
A short-term rental which is also someone's principal dwelling unit
(where they live primarily). (Amended by By-law 2022-76)
Prison:
Includes penitentiary, common jail, public or reformatory prison, lock up,
guard room or other place in which persons who are charged with or
convicted of offences are usually kept in custody, as defined by the Criminal
Code, as amended, but does not include a group home type 3.
Private swimming pool:
An artificial body of water, the container of which is constructed of cement,
plastic, fibreglass or similar material, having a depth greater than 0.5m and
intended primarily for swimming but shall not include a natural, dug or
dammed pond primarily intended for aesthetic or agricultural purposes.
Production studio:
The use of any building for the recording, production, or post-production of
audio and visual media including motion pictures, videos, or television but
does not include broadcast studio or newsroom, backlot, or production
studio & backlot. This may also include a partial production office, storage,
carpentry, and soundstage and the parking of associated production vehicles
ancillary to the main filming use. (Amended by By-law No. 2023-90)
Production studio & backlot:
The use of any building and lot for the combined use of both production
studio and backlot and does not include broadcast studio or newsroom.
(Amended by By-law No. 2023-90)
Public authority:
Any local board defined by the Municipal Act, 2001, S.O. 2001, c. 25.
Quarry:
An excavation in the natural level of the ground made other than by natural
causes for the purpose of removing stone or similar material which is to be
used for building, further processing or as a raw material in a
manufacturing process, as defined by the Aggregate Resources Act, R.S.O.
1990, c. A.8.
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Railway lines and yards:
Lands owned and operated by a railway that include their tracks, support
structures and buildings, maintenance areas, and any other items
required for operation of a railway.
Recreational facility:
The use of lands, buildings or structures designed and equipped for the
conduct of athletic and recreational pursuits. Uses can include, but are not
limited to, racquet courts, rinks, fitness clubs, pools, or other sport related
activities.
Recreational facility, public authority:
The use of lands, buildings or structures designed and equipped for the
conduct of athletic and recreational pursuits that are owned, operated, and
maintained by a public authority. Uses can include, but are not limited to,
an arena, a community centre, or other parkland buildings serving a
recreational purpose.
Recreational facility, rural:
The use of lands, buildings or structures designed and equipped for the
conduct of athletic and recreational pursuits that are more characteristic of
rural areas within the municipality. Uses can include, but are not limited
to, archery grounds, paintball grounds, cross country skiing, equestrian
tracks, or other uses that require large outdoor spaces that are
characteristic of, and commonly found in, rural areas of the municipality.
Recreational vehicle sales, service and leasing establishment:
A commercial establishment within a building and/or lot used for the
display and sale or lease of new or used recreational vehicles and trailers.
This may also include the sale of accessories including fluids, tires, lights,
parts, and other related products as well as services including cleaning,
polishing, greasing, and other related maintenance services. This
establishment may also include structural repair services to recreational
vehicles only, as an accessory use and as part of the same building.
Recreational vehicle:
Any vehicle that is used for recreational purposes. For the purpose of this
definition, a recreational vehicle includes but is not limited to a motor
home, travel trailer, park model trailer, camper shell, cab-over-camper,
watercraft, off-road vehicles, or fifth wheel.
Recycling centre:
The use of lands, buildings, or structures, that are in compliance with the
Environmental Protection Act, R.S.O. 1990, c. E.19 , in which used material
is separated and processed prior to shipment to others who will reuse those
broken down materials to manufacture new products.
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Renovation:
The repair and restoration of a building to good condition, but not complete
replacement.
Restaurant:
An establishment which is primarily engaged in the preparation and sale of
food and beverages which are consumed on or off the premises and may or
may not be licensed for the sale of alcoholic beverages, and also includes a
food catering business, but excludes a bar.
Retail store:
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, processing or
construction uses.
Retail store, local:
A retail store, usually of a smaller size, which deals primarily in goods
required by the inhabitants and workers of a neighbourhood and surrounding
community.
Retirement home:
A building in which lodging is supplied with meals, homecare, nursing,
medical, or similar care and treatment if required. A retirement home may
contain independent and separate housekeeping units which include culinary
facilities, provided that these units are ancillary to the main facility from
which the residents receive services.
Right-of-way:
An easement for access over one or more lots.
Road:
A public way for purposes of vehicular and pedestrian travel, including the
entire dedicated area, with or without provision made for curbs, sidewalks
and/or paved gutters and owned and maintained by a public authority.
Rural area:
The area within the City of North Bay municipal boundary that is outside of
the settlement area boundary as defined by the City of North Bay Official
Plan.
Salvage yard:
The use of land, buildings or structures for the storage, handling,
processing and salvage of scrap metal material.
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School:
A building or structure under the jurisdiction of a Board as defined in the
Education Act, R.S.O. 1990, c. E.2, as amended.
Seasonal garden centre:
An accessory use that temporarily occupies an area on a lot, or portion of
the required parking area of the main use on the same lot. The seasonal
garden centre shall be restricted to the storage and sale of gardening
supplies and plants for domestic uses only.
Self-storage use:
A facility that leases space to individuals or small businesses for the purpose
of storing excess goods or household items. The rented spaces are normally
secured by the tenant's own lock and key. Facility operators do not have
casual access to the contents of the space. Self-storage uses do not
include freight containers or storage trailers. Self-storage facility
operators usually provide controlled access to rental space areas.
Setback:
The minimum distance between any lot line and the nearest part of any
main wall of any building or structure unless the closet wall is permitted
to encroach under Section 3.15. (Amended by By-law 2022-31)
Sewage disposal system:
Any sewage system as defined in the Building Code, O. Reg. 332/12, made
under the Building Code Act, 1992, S.O. 1992, c. 23 and Ontario Water
Resources Act, R.S.O. 1990, c. O.40, or their successors.
Short-term rental:
All or part of a dwelling unit used to provide sleeping accommodations for
any rental period that is less than 28 days in exchange for payment. Short-
term rental uses shall not mean or include a bed and breakfast
establishment, institutional tourist establishment, tourist establishment,
tourist camping establishment, motel, resort, or similar commercial or
institutional use. (Amended by By-law 2022-76)
Solar farm:
Any device or combination of devices employed in the collection of direct
solar radiation for the purposes generating electricity or otherwise
converting solar rays into usable forms of energy.
Sleep Cabin:
A detached accessory building or structure, located on the same lot as
the principal dwelling, for sleeping accommodation only or for the occasional
accommodation of guests, from which there shall be no monetary gain and
in which sanitary facilities may be provided, but shall not contain cooking
facilities.
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Special occasion tents or structures:
An outdoor venue that can accommodate a variety of special events
including, but not limited to, concerts, festivals, fundraising activities,
ceremonies and wedding receptions and provides temporary covered open
space.
Specialty food store:
A retail store engaged primarily in the business of selling a limited range of
food products such as, but not limited to, a meat shop, a butcher, a fish
shop, a cheese shop, a shop selling baked goods or a catering shop selling
frozen meals or prepared foods. Other food and products sold aside from the
primary speciality item must be a direct accessory item to the speciality
item that is the focus of the store. A specialty food store shall not offer full
service meals or extensive seating.
Stacking spaces, drive through:
An on-site vehicle space with direct forward access to a service window of a
drive through facility, drive through carwash or other continuous drive
through set up.
Stacking spaces, parking:
A situation where parking shall be permitted where one space stacks in front
of another thereby limiting direct access to the street or laneway from one
of the parking spaces.
Storage trailer:
The trailer portion of a tractor-trailer unit, transport truck, the box or
storage area of a van or utility vehicle, or similar type of trailer that is used
in a manner similar to an accessory structure.
Storey:
The portion of a building, other than a basement, 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 the floor and the ceiling above
it.
Storey, first:
The storey with its floor closest to grade and having its ceiling more than
1.8m above grade.
Storey, half:
The portion of a building located wholly or partly within a sloping roof,
having a floor area of not less than one-half and not more than two-thirds
of the floor area of the storey next below, and a ceiling with a minimum
height of 2.2m over an area equal to at least 50 percent of its floor area.
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Street:
A public way for purposes of vehicular and pedestrian travel, including the
entire dedicated area, with or without provision made for curbs, sidewalks
and/or paved gutters and owned and maintained by a public authority.
Street line:
The line defined by the edge of pavement, curb, or travelled roadway.
Structure:
Anything that is erected, built or constructed of parts joined together or any
erection fixed to or supported by the soil or any other structure. But for
the purposes of this By-law, a fence not exceeding 1.8m in height shall be
deemed not to be a structure and for the purposes of setbacks or yards
required in this By-law, a sign shall not be deemed to be a structure.
Tourist cabin:
A separate building, not including a hotel, that is designed to provide only
sleeping accommodation for travelling or vacationing public and does not
include food preparation or cooking facilities.
Transit terminal:
A building or structure, or a portion thereof, or an area of land that is
used for the temporary parking of transit vehicles and the picking up and
dropping off of passengers.
Transportation terminal:
The use of land, buildings or structures for the purpose of storing,
servicing, repairing, loading, or leasing trucks, transport trailers,
commercial motor vehicles, buses, or any combination thereof, but does
not include automobile service stations or transportation sales or rental
outlets.
Urban settlement area:
The City of North Bay Settlement Area as defined by the City of North Bay
Official Plan.
Use:
The purpose for which a lot, building, structure, or any combination
thereof is designed, constructed, arranged, occupied or maintained.
Utility trailer:
A trailer primarily used for the storage of equipment and supplies for any
trade. Utility trailers may only be used for storage purposes and may not
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be used to accommodate work areas, shops, office uses or retail sales or
any other form of occupancy.
Vegetative buffer:
An area of dense vegetation intended to slow runoff, trap sediment, or
create a natural buffer/screening.
Vegetative buffer, Riparian:
Is an area of dense vegetation next to a waterbody intended to slow runoff
and trap sediment.
Vehicle:
A motor vehicle, trailer, traction engine, farm tractor, bicycle, road building
machine and any vehicle drawn, propelled, or driven by any kind of power,
including muscular power, or as otherwise defined under the Highway Traffic
Act, R.S.O 1990, c. H.8.
Veterinary establishment:
A building or structure where animals, including birds and livestock are
treated and where domestic animals, including birds are kept for treatment,
but shall not include a kennel.
Warehouse:
A building, or part thereof, which is used primarily for the housing,
storage, adapting for sale, packaging or wholesale distribution of goods,
wares, merchandise, foods, and other products.
Waste disposal site:
The use of land for the depositing, handling, storage, transfer, treatment,
processing, or final disposal of waste under controlled conditions in order to
protect environmental and human health and for which a Certificate of
Approval under the Environmental Protection Act, as amended, is required. A
waste disposal site also includes a hazardous waste depot or other similar
uses and any machinery or equipment used in connection with the
depositing, disposal, handling, storage, transfer, treatment, or processing of
waste.
Waste transfer station:
The use of land, building or structure, or part thereof, for the storage,
processing or disposition of waste or hazardous waste and for which a
Certificate of Approval under the Environmental Protection Act, as amended,
is required.
Wholesale use:
Any establishment in which goods are offered or kept, for sale or rental, in
bulk for wholesale to others for the general purpose of resale.
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Wind farm:
Any device or combination of multiple devices with the primary purpose of
generating usable energy through harnessing and converting kinetic wind
energy.
Yard:
An open space of land other than a court on the same lot with a or
structure, unoccupied and unobstructed except as otherwise provided or
required by this By-law and located between the main wall of the main
building and one of the lot lines of the lot.
Yard, exterior side:
The side yard of a corner lot, which side yard extends from the front
yard to the rear yard between the side lot line abutting a street and the
nearest main wall of any main building or structure. (See Figure 2.6)
Yard, front:
A yard extending across the full width of the lot between the front lot line
and the nearest main wall of the main building or structure on the lot,
or in a case where a forced road bisects the lot, the edge of the road and
the nearest main wall of the main building on the lot.
Yard, interior side:
A side yard other than an exterior side yard. (See Figure 2.6)
Yard, minimum front:
The minimum depth of front yard on a lot between the front lot line and
the nearest wall of any building or structure on the lot, or in a case where
a forced road bisects the lot, the edge of the road and the nearest main
wall of the main building on the lot. In the case of water frontage along a
shoreline, the minimum front yard is measured from the surveyed normal
water's edge to the nearest main wall of the building or structure on the
lot. (See Figure 2.6)
Yard, minimum rear:
The minimum depth of a rear yard on a lot between the rear lot line and
the nearest wall of any main building or structure on the lot, or in a case
where a forced road bisects the lot, the edge of the road and the nearest
wall of any main building or structure on the lot. (See Figure 2.6)
Yard, minimum side:
The minimum width of a side yard on a lot between a side lot line and the
nearest wall of any main building or structure on the lot. (See Figure
2.6)
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Yard, rear:
A yard extending across the full width of the lot between the rear lot line
and the nearest main wall of the main building on the lot, or in a case
where a forced road bisects the lot, the edge of the road and the nearest
main wall of the main building on the lot. (See Figure 2.6)
Yard, side:
A yard between the nearest main wall of the 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). (See Figure 2.6)
Zone:
An area within which, in accordance with the provisions of this By-law,
certain uses of lands, buildings and structures are permitted and certain
others are prohibited, where yards and other open spaces are required,
and where lot areas, building height limits and other requirements are
established, all of the foregoing being identical for the zone and district in
which they apply.
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FIGURE 2.6
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Section 3 - General Provisions
Table of Contents:
Provision Name
Section
Application to All Zones
3.1
Lots to Front on Public Roads
3.2
Public Uses Permitted
3.3
Lots Reduced By Public Acquisition
3.4
Exception to Height Regulation
3.5
Existing Buildings not Conforming to Permitted Uses in a
Zone
3.6
Existing Buildings Having Less than Minimum Lot or
Setback Requirements
3.7
Existing Undersized Lots
3.8
Existing Setbacks Conformity
3.9
Three-Tenths Metre Reserve Setback
3.10
Three-Tenths Metre Reserve Private Garage Setback
3.11
Setbacks From TransCanada Pipeline Right-of-way
3.12
Setbacks From Forced Roads
3.13
Daylight Corners
3.14
Permitted Encroachments in Yards
3.15
Enclosures
3.16
Truck, Bus and Coach Bodies
3.17
Trailers
3.18
Temporary Construction Uses Permitted
3.19
Accessory Building, Use or Structure (General)
3.20
Accessory Building, Use or Structure (Lake or River
Frontage Property)
3.21
Accessory Building, Use or Structure Private Garage
(Corner Lot)
3.22
Accessory Building, Use or Structure (Private Swimming
Pool)
3.23
Accessory Building, Use or Structure (Temporary
Structures)
3.24
Accessory Use or Structure (Storage Trailers and Freight
Containers)
3.25
Accessory Building, Use or Structure (Seasonal Garden
Centre)
3.26
Outside Storage Prohibited
3.27
Home Based Businesses
3.28
Bed and Breakfasts
3.29
Holding Zone Regulations
3.30
Sewage Disposal System
3.31
Urban Services Required
3.32
Floodplain and Erosion Zones
3.33
Automobile Service Station and Gas Bar
3.34
Automobile Washing Establishment
3.35
Group Homes and Retirement Homes
3.36
One Dwelling Per Lot
3.37
Special Lot Frontage Provisions for Lake Nipissing
3.38
(Section Deleted by By-law 2023-40)
3.39
Mobile Home Parks
3.40
Open Space Requirements
3.41
Amenity Space Requirements
3.42
Residential Storage of Recreational Vehicles
3.43
Commercial Building Access Requirements
3.44
Commercial Landscaping Provisions
3.45
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Provision Name
Section
Institutional Landscaping Provisions
3.46
Industrial Landscaping Provisions
3.47
Industrial Accessory Uses (Commercial and Other)
3.48
Recycling Centre and Salvage Yards
3.49
Site Plan Control
3.50
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3.1
Application to All Zones
3.1.1
The provisions of this section apply in all zones except as may
be indicated otherwise elsewhere in this By-law.
3.2
Lots to Front on Public Roads
3.2.1
All lots created after the date this By-law comes into effect shall
front on and have access to an open public road or highway for
a minimum of 4.5m which is presently being maintained by the
municipality or the Province of Ontario or, in the instance of a
vacant land condominium, shall front on and have access to the
Condominium Corporation's road which shall have street access
to an open public road or highway which is presently being
maintained by the municipality or the Province of Ontario.
3.2.2
No person shall erect or use or permit or cause to be erected
or used any building or structure in any zone unless the lot
upon which the building or structure is to be erected or used
fronts upon an open public road or highway; or in the instance
of a vacant land condominium, fronts on and has access to the
Condominium Corporation's road which shall have street access
to an open public road or highway which is presently being
maintained by the municipality or the Province of Ontario.
3.2.3
A building or structure may be erected or used on an
existing separate parcel of record which does not front on an
open public road or highway, but which existing separate
parcel of record does have registered access to an open public
road or highway.
3.3
Public Uses Permitted
3.3.1
The provisions of this By-law shall not apply to 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, local board,
school board, public utility, department of the Government of
Canada or the Province of Ontario, any Crown Corporation or the
public infrastructure of a telecommunications company regulated
by the Government of Canada, provided that:
3.3.1.1
The lot coverage, setback and yard regulations
prescribed for the zone in which the land, building or
structure is located are complied with;
3.3.1.2
No recreational, institutional or public building located in
any residential zone is located closer than half of the
height of the building or 4.5m, whichever is the greater,
to any property line on the site on which the building is
located;
3.3.1.3
No goods, material or equipment are stored in the open in
a residential zone or in a lot adjacent to a residential
zone;
3.3.1.4
Any building erected in a residential zone or in a rural
zone under the authority of this paragraph is designed,
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landscaped and maintained in general harmony with the
residential character of the neighbourhood, and
surrounding buildings of the type permitted in the zone;
3.3.1.5
Any building erected in a residential zone or in a rural
zone under the authority of this paragraph is not to be
used for the purposes of an office; and
3.3.1.6
Any parking and loading regulations prescribed for the use
of the land, building or structure are complied with.
3.4
Lots Reduced by Public Acquisition
3.4.1
Where a lot is reduced, and where existing buildings or
structures no longer meet the regulations contained within this
By-law, by means of an acquisition, expropriation or otherwise,
of part of the lot by a public authority for the purpose of
providing a public service, nothing in this By-law shall apply to
prevent the continued use of the lot, as reduced, for the same
purpose, or the erection, alteration or use of a building or
structure thereon, as if no acquisition had taken place, provided
that:
3.4.1.1
No regulation pursuant to the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7 or the Environmental
Protection Act are contravened;
3.4.1.2
The lot, as reduced, is accessible to vehicular traffic from
an open public road either directly or via registered
access; and
3.4.1.3
No change is made to the lot or to any building or
structure thereon, subsequent to the date of the
acquisition, that would increase the degree of any non-
conformity resulting from the acquisition or that would
contravene any other provision hereof.
3.4.2
This provision shall not be construed as mitigating or legalizing
any non-conformity or contravention pertaining to the lot prior
to the date of the acquisition.
3.5 Exception to Height Regulation
3.5.1
The height regulations in this By-law shall not apply to church
spires, water tanks, elevator enclosures, flagpoles, television,
telecommunication or radio antennae, ventilators, skylights,
barns, chimneys or wind turbines.
3.6
Existing Buildings not Conforming to Permitted Uses in a Zone
3.6.1
Where a building or structure was erected prior to the date
this By-law comes into effect and is used for a purpose which is
not a permitted use in the zone in which it is situated, but is a
legal non-conforming use, the building or structure may be
reconstructed, repaired, renovated, extended or enlarged
provided that the repair or renovation does not include any
alteration of use, the building or structure continues to be
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used for the same purpose and the extension or enlargement
does not have any adverse impacts.
3.7
Existing Buildings Having Less than Minimum Lot or Setback
Requirements
3.7.1
Subject to section 3.7.2, where a building or structure was
erected prior to the date this By-law came into effect, on a lot
having less than the minimum frontage or area, less than the
minimum front, side, or rear yard setback, or less than the
minimum usable open space required by this By-law, but is a
legal non-complying use, the building may be enlarged,
reconstructed, repaired or renovated provided that:
3.7.1.1
The enlargement, reconstruction, repair or renovation
does not further reduce the front, side, or rear yard
setbacks, where the setback is already deficient, or
usable open space required by this By-law; and
3.7.1.2
The height of the existing legal non-complying use is
not increased except where the required side yard
setbacks are available.
3.7.2
Legal non-complying Existing Dwellings in the Trout Lake
Influence Area Overlay
3.7.2.1
Notwithstanding anything herein to the contrary in the
Trout Lake Influence Area shown on Schedule E, legal non-
complying existing dwellings that do not comply with the
front yard requirements may expand and/or enlarge,
subject to the following:
3.7.2.1.1
Where a legal non-complying existing dwelling is
7.5 metres or less from the water's edge:
3.7.2.1.1.1
The gross floor area of the legal non-
complying existing dwelling shall be
permitted to increase by a maximum of 10%
based on the gross floor area of the legal
non-complying existing dwelling on the day
this By-law was passed;
3.7.2.1.1.2
The width of the legal non-complying existing
dwelling shall be permitted to increase by a
maximum of 10% of the legal non-complying
existing dwelling width on the day this By-
law was passed;
3.7.2.1.1.3
No portion of ay expansion or enlargement of
the legal non-complying existing dwelling
shall be permitted to encroach further into the
front yard or reduce any other legal non-
complying setbacks based on the setbacks
of legal non-complying existing dwelling on
the day this By-law was passed; and,
3.7.2.1.1.4
The height of the legal non-complying
existing dwelling shall be permitted to
increase by a maximum of 1 metre based on
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the height of the legal non-complying
existing dwelling on the day this By-law was
passed, and provided that the required yard
setbacks are maintained.
3.7.2.1.2
Where a legal non-complying existing dwelling is
7.6 to 15 metres from the water's edge:
3.7.2.1.2.1
The gross floor area of the legal non-
complying existing dwelling shall be
permitted to increase by a maximum of 20%
based on the gross floor area of the legal
non-complying existing dwelling on the day
this By-law was passed;
3.7.2.1.2.2
The width of the legal non-complying existing
dwelling shall be permitted to increase by a
maximum of 20% of the legal non-complying
existing dwelling width on the day this By-
law was passed;
3.7.2.1.2.3
No portion of any expansion or enlargement of
the legal non-complying existing dwelling
shall be permitted to encroach further into the
front yard or reduce any other legal non-
complying setbacks based on the setbacks
of the legal non-complying existing dwelling
on the day this By-law was passed; and,
3.7.2.1.2.4
The height of the legal non-complying
existing dwelling shall be permitted to
increase by a maximum of 2 metres based on
the height of the legal non-complying
existing dwelling on the day this By-law was
passed, and provided that the required yard
setbacks are maintained.
3.7.2.1.3
Where a legal non-complying existing dwelling is
15.1 to 32 metres form the water's edge:
3.7.2.1.3.1
The gross floor area of the legal non-
complying existing dwelling shall be
permitted to increase by a maximum of 30%
based on the gross floor area of the legal
non-complying existing dwelling on the day
this By-law was passed;
3.7.2.1.3.2
The width of the legal non-complying existing
dwelling shall be permitted to increase by a
maximum of 30% of the legal non-complying
existing dwelling width on the day this By-
law was passed;
3.7.2.1.3.3
No portion of any expansion or enlargement of
the legal non-complying existing dwelling
shall be permitted to encroach further into the
front yard or reduce any other legal non-
complying setbacks based on the setbacks
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of legal non-complying existing dwelling on
the day this By-law was passed; and,
3.7.2.1.3.4
The height of the legal non-complying
existing dwelling shall be permitted to
increase by a maximum of 3 metres based on
the height of the legal non-complying
existing dwelling on the day this By-law was
passed, and provided that the required yard
setbacks are maintained.
3.8
3.9
Existing Setbacks Conformity
3.9.1
In any zone within the Urban Settlement Boundary where
undeveloped lots exist between developed lots, and where the
lots are within the same block and fronting on the same street
and connected to municipal services, the minimum front yard
setback may be reduced. Where a building line has been
established by existing structures on two or more lots, this
established building line will be the minimum required front
yard setback, but shall not be less than 3m. [amended by By-
law 2016-25]
3.10 Three-Tenths Metre Reserve Setback
3.10.1
Where a side lot line abuts a 0.3m reserve, no portion of any
buildings or structures, above or below grade, shall be
located closer than 6m to the reserve.
3.11 Three-Tenths Metre Reserve Private Garage Setback
3.11.1
Where a flankage lot line abuts a 0.3m reserve, no attached
or detached private garage shall be located in the exterior
side yard and no portion of any driveway shall be located
closer than 15m to the intersection of the street lines or their
projections.
3.12 Setback From TransCanada Pipeline Right-of-way
3.12.1
Where a building or structure is located adjacent to a
TransCanada Pipeline right-of-way the setback from the right-
of-way for habitable structures shall be 7m. For an accessory
structure the setback shall be 3m. (Amended by By-law 2023-
40)
3.13 Setbacks From Forced Roads
3.13.1
Where a forced road intersects a property no part of any
building, primary or accessory structure, may be built within
5m of the edge of the road.
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3.14 Daylight Corners
3.14.1
On any corner lot in any zone, no sign, fence, shrubs or any
visual obstruction with a height exceeding 0.6m above the grade
of the road shall be erected within the triangular space
measured:
3.14.1.1
Along the edge of pavement for a distance of 9m from
their point of intersection; and
3.14.1.2
Along an edge of pavement and a railway right-of-way
for a distance of 30m from their point of intersection.
3.14.2
Notwithstanding subsection 3.14.1, a chain link fence may be
permitted in the triangles described in subsection 3.14.1 if:
3.14.2.1
Its posts are not more than 0.08m in diameter; and
3.14.2.2
It is made of wire having a maximum gauge of 24 and a
minimum mesh of 0.05m.
3.14.3
This section does not apply to trees if they are kept trimmed so
that no foliage hangs or grows below the height of 2m above the
crown of the adjacent street.
3.14.4
This section does not apply to properties zoned C1 or C2.
3.14.5
In addition to the provisions of this By-law, daylight corners
shall also adhere to all regulations in the City of North Bay Fence
By-law 2002-105 and any successor thereto, as amended.
3.15 Permitted Encroachments in Yards
3.15.1
Every part of any yard required by this By-law shall be open and
unobstructed by any main structure from the ground to the sky
provided that fences and hedges shall be permitted, in
accordance with the provisions of Section 3.15 of this By-law,
and that those structures listed in the following table that form
part of the main structure shall be permitted to project into the
minimum setback indicated for the distances specified in the
following tables. Section 3.15.1 and the permitted
encroachments are not permitted within the Trout Lake Influence
Area Overlay as shown in the Official Plan on Schedule 'C':
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Structure
Yard in Which
Projection is
Permitted
Maximum
Projection
Permitted from
Main Wall
Sills, Belt Courses,
Cornices, Eaves or
Canopies, Gutters,
Chimneys or Pilasters
Any Yard.
1m
Fire Escape Staircases
Rear and Side
Yard.
1.8m
Window Bays
Front, Rear, and
Exterior Side Yard
only.
1m over a
maximum width of
3m
Balconies
Front, Rear, and
Exterior Side
Yards for Single
Detached, Semi-
Detached, Duplex,
Triplex, Fourplex
and Townhouses.
Any Yard for all
other residential
buildings.
1.8m
Covered Porches (not
exceeding 1 storey in
height), Uncovered
Terraces, and Decks
(excluding stairs)
Front and Rear
Yard.
3m
Landscape Features
Including Decks Less Than
0.3m in Height.
Any Yard.
Any Distance
Freestanding Air
Conditioning Units and
Generators
Front, Rear, and
Exterior Side Yard
only.
In the general Rural
(A) zone the
interior side yard
is also Permitted.
1.2m
Ramps, Enclosures, or any
Equipment used to improve
accessibility for owners,
tenants, or visitors, as
defined by the Accessibility
for Ontarians with
Disabilities Act.
Any Yard.
Any Distance
Brick Façade and Siding.
Any Yard.
0.1m
3.16 Enclosures
3.16.1
Enclosures to any covered porch or terrace permitted by the
above subsection of this By-law shall be permitted in the front
or rear yard and shall be limited to 1m in height not including
roof supports.
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3.16.2
Where a continuous covered porch or deck is being constructed
for an abutting semi-detached or townhouse dwelling the
interior side yard setback shall be 0m.
3.16.3
For semi-detached and townhouse dwellings, the
construction of a covered porch or deck that is not continuous
shall have an interior side yard setback of not less than 0.6m.
3.17 Truck, Bus and Coach Bodies
3.17.1
No truck, transport truck trailer, bus, streetcar or coach body
shall be used for human habitation within the municipality,
whether or not it is mounted on wheels.
3.18 Trailers
3.18.1
No tourist or tent trailer shall be used for living, sleeping, eating
or accommodation within the city unless it is located in an
authorized seasonal tent and trailer park established and
operated in conformity with the City of North Bay Seasonal Tent
and Trailer Park By-law No. 1976-126 as amended and any
successor by-law thereto.
3.19 Temporary Construction Uses Permitted
3.19.1
Notwithstanding any other provisions of this By-law, uses such
as a storage trailer, freight container,construction camp or
other temporary work camp, a tool shed, scaffold, or other
building or structure incidental to the construction shall be
permitted provided that:
3.19.1.1
Uses, buildings or structures are used only as long as
they are necessary for work in progress which has neither
been finished nor abandoned; and
3.19.1.2
Uses, buildings or structures are removed when the
work in connection with which they were constructed is
terminated.
3.20 Accessory Building, Use or Structure (General)
3.20.1
Accessory buildings, uses or structures are permitted in the
rear and interior side yards, in any zone, subject to the
provisions of this By-law for the particular zone in which the
building, use or structure is located, and subject to the
following provisions applying to each accessory building, use
or structure:
3.20.1.1
It shall not be used for human habitation, except where
the dwelling is a permitted accessory use or is
permitted additional urban residential dwelling unit or
an additional rural residential dwelling unit;
3.20.1.2
In an exterior side yard, it shall not be built closer to the
lot line than the minimum distance required by this By-
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law for the main building on the lot and it shall not be
built closer to the street than the main building;
3.20.1.3
No portion of the eaves or other similar features may be
within 0.15m of any lot line;
3.20.1.4
In the rear yard, an accessory building shall not be built
closer than 0.6m to the rear or interior side lot lines
except in the following circumstances:
3.20.1.4.1 Common semi-detached private garages may be
centred on the mutual lot line; and
3.20.1.4.2 Where an external building opening faces a side or
rear lot line, the setback to the lot line shall be
not less than 1.2m.
3.20.1.4.3 In the case of a corner lot, the accessory structure
shall not be built closer to the street than the
minimum distance required by this by-law for the
main building on the lot or it shall not be built
closer to the street than the main building,
whichever is the greater. [added by By-law 2016-25]
3.20.1.5
It shall not exceed 10 percent coverage of the total lot
area;
3.20.1.6
It shall not exceed one storey or 4.1m in height,
whichever is lesser, except as outlined in Table 10D of this
By-law;
3.20.1.7
It shall not be built within 1.2m of the main building;
3.20.1.8
It shall not be considered an accessory building or
structure if attached to the main building;
3.20.1.9
It shall not be considered an accessory building or
structure if located completely underground; and
3.20.1.10 Where a forced road bisects a property an accessory
building shall not be built within 5m of the edge of the
road.
3.20.1.11 Within the Rural (A) and the Rural Residential Estate
(RRE), accessory buildings will be permitted in the front
yard, provided they comply with the front yard setback of
the main use in the Rural (A) and the Rural Residential
Estate (RRE), see Table 10C.
3.20.2.1 Additional Residential Dwelling Unit
An additional residential dwelling unit may be permitted within:
a) A single detached dwelling or an accessory building thereto;
b) A semi-detached dwelling or an accessory building thereto;
c) A townhouse (cluster, stacked, or street front) dwelling or an
accessory building thereto;
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provided that a maximum of three additional residential dwelling units
shall be permitted within the Urban settlement area and connected to
municipal services and one additional residential dwelling unit shall be
permitted within the Rural Area of the City.
Additional residential dwelling units which were illegal on the passing of
this By-law must meet all the required criteria for an additional residential
dwelling unit and receive a change of use permit under the Building Code
to be considered a legal additional residential dwelling unit.
Notwithstanding the above, an additional residential dwelling unit(s)
are not permitted:
a) Within a dwelling unit or an accessory building within the
Parkland (P), Open Space (O), Rural Residential Lakefront (RRL),
Floodway (O1) and the Floodplain and Erosion (O2) Zones;
b) Within a dwelling unit or accessory building that is permitted in
an non-residential zone in Section 6 and 7 of this By-law; and
c) Within a dwelling unit or an accessory building on unserviced
properties within the Trout Lake Influence Area overlay as identified
on Schedule 'E' of this By-law.
3.20.2.2 Illegal Additional Dwelling Units
Additional dwelling units which were illegal on the passing of this By-law
must meet all of the required criteria for an additional dwelling unit(s)
and receive a change of use permit to be considered a legal additional
dwelling unit.
3.20.2.3 -
3.20.2.4 Additions or Alterations to the main Dwelling unit or new
construction of an Additional Residential Dwelling Unit:
An addition or exterior alteration to a single detached, semi-detached or
townhouse dwelling or the construction of a new dwelling unit to permit
an additional residential dwelling unit is permitted provided it does not
result in the creation of:
a) An exterior staircases constructed in the front yard to access any
storey above the first storey.
3.20.2.5 Additional Residential Dwelling Units in Accessory Buildings
Where an additional residential dwelling unit is located in an accessory
building to the primary dwelling the additional residential dwelling
unit:
a) shall not be permitted to be a mobile home or recreational
vehicle;
b) shall not be permitted to be a boat house;
c) an Additional Residential Urban Dwelling Unit shall meet the
setback and height requirements of Section 3.20;
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d) an Additional Residential Rural Dwelling Unit shall meet the
accessory structure setback and height requirements of Table
10D;
e) shall not have a maximum gross floor area, provided it meets the
provisions of the Zoning By-law for lot coverage and setbacks;
f) an Additional Residential Urban Dwelling Unit shall have a
maximum total lot coverage including all other accessory
buildings of 30%;
g) an Additional Residential Rural Dwelling Unit, including all
other accessory structures and the primary dwelling, shall have a
maximum total lot coverage as permitted in Table 10C.
h) an Additional Residential Rural Dwelling Unit shall be located
no more than 30m from the primary dwelling;
i) In the Rural General (A) or Rural Residential Estate (RRE) zones,
shall only have one driveway from the publicly maintained road;
and
j) there shall be no another additional residential dwelling unit
within an accessory structure on the property.
3.20.2.6 Parking for Additional Residential Dwelling Units
Additional residential dwelling units are required to provide 0.5 parking
spaces per unit, in addition to the parking required under Section 4.13.
3.21 Accessory Building, Use or Structure (Lake or River Frontage
Property)
3.21.1
Where properties have lake or river frontage, accessory
buildings, uses or structures in the front yard shall be
permitted in accordance with the following regulations:
3.21.1.1
The accessory building or structure, with the exception
of those located within an RMC zone, shall not exceed
10m2 in floor area, and shall not exceed 3m in height
above grade;
3.21.1.2
The accessory building or structure shall meet the
minimum side yard required for the main building on
the same lot;
3.21.1.3
The accessory building or structure may be elevated on
blocks or piers to a maximum height of 0.3m so that
existing natural drainage is not disturbed or altered;
3.21.1.4
The floor of the accessory building or structure shall be
located above the minimum Canadian Geodetic Datum
flood elevation, as determined by the North Bay-Mattawa
Conservation Authority, of 202.69m for the Trout Lake
watershed and 197.25m for the Lake Nipissing watershed;
3.21.1.5
For those properties shown on Schedule E of this By-law,
only one accessory building or structure shall be
constructed or maintained in the front yard within the
30m buffer zone from the water. In addition, the following
shall apply;
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3.21.1.5.1 Stairs or pathways up to a maximum of 5m in width,
landings up to a maximum of 4.6m2, and uncovered
decks up to a maximum of 20m2 shall not be
considered as one of these accessory buildings or
structures.
3.21.1.5.2 One additional accessory building or structure
may be constructed or maintained in the front yard
provided that it is outside of the 30m buffer from
the water;
3.21.1.6
Boathouses and boat docks may be built to the front lot
line when the lot line abuts a body of water, but must
not be located closer than a minimum distance of 1.8m to
any side lot line; and
3.21.1.7
Boathouses shall not be used for the commercial storage
of boats or other marine equipment or vehicles and shall
not provide the sale of fuel or other marine products.
Accessory structures must follow the setback requirements
and provisions as shown in Table 10D of Zoning By-law
2015-30.
3.21.2
Where properties have lake or river frontage, accessory
buildings, uses or structures in the rear yard shall be
permitted in accordance with the following regulations:
3.21.2.1
The accessory building shall not be located within 6m of
the rear lot line; and
3.21.2.2
The accessory building or structure shall meet the
minimum side yard required for the main building on
the same lot.
3.21.3
Where properties have lake or river frontage, accessory
buildings, uses or structures shall be permitted in the side
yard provided they meet the side yard setback requirements of
the main building on the lot.
3.22 Accessory Building, Use or Structure Private Garage (Corner
Lot)
3.22.1
No opening of a private garage shall be located closer than
4.5m to any street line, and no portion of any driveway shall
be located closer than nine 9m to the intersections of the two
street lines or their projections. [amended by By-law 2016-25]
3.23 Accessory Building, Use or Structure (Private Swimming Pool)
3.23.1
Where a private swimming pool is constructed as an
accessory use to any principal residential or commercial use
no part of it, including decking, shall be located closer than 1.2m
to any rear or side lot line and the swimming pool shall not be
located closer than 1.5m to the main building and shall be
properly fenced in conformity with the City of North Bay Fence
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By-law 2002-105 as amended, and any successor by-law
thereto.
3.23.2
All pool pump and filtering equipment shall be in an enclosed
structure.
3.24 Accessory Building, Use or Structure (Temporary Structures)
3.24.1
Special occasion tents or structures are permitted in all
zones and shall only be permitted during the time period of a
single special event, which shall not exceed 7 days in length, and
shall be removed when the use for which they were erected is
terminated.
3.24.2
Temporary garages are permitted in all residential zones only.
These temporary garages are only permitted in the side yard
and rear yard, subject to the provisions of this By-law for the
particular zone in which the temporary garage is located in.
Temporary garages shall be used primarily for the storage of
vehicles and other equipment.
3.25 Accessory Building, Use or Structure (Storage Trailers and
Freight Containers)
3.25.1
Freight containers and storage trailers are permitted in any
industrial, commercial, institutional and open space zone and
are subject to the provisions of this By-law for the main
building, for the particular zone in which the freight
container is located.
3.25.2
Storage trailers are prohibited in residential zones, except in
accordance with the provisions of Section 3.19.
3.25.3
Freight containers are prohibited in residential zones, except
in accordance with the provisions of Section 3.19 or in
accordance with the issuance of a building permit required in
conjunction with a main building for a period not to exceed 12
consecutive months.
3.25.4
Empty freight containers and storage trailers are permitted
to be stacked one on top of the other to a maximum height of 2.
Under no circumstance are freight containers and storage
trailers in use permitted to be stacked one on top of the other.
3.25.5
Refrigerated and/or heated freight containers and storage
trailers shall not be located in any yard adjacent to a
residential use.
3.25.6
Storage Trailers and freight containers shall not be used for
extra work space, office space, or any other use other than
storage.
3.26 Accessory Building, Use or Structure (Seasonal Garden Centre)
3.26.1
Seasonal garden centres shall be permitted in any commercial
or industrial zone provided that:
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3.26.1.1
The seasonal garden centre may occupy the property
for a period not exceeding 6 consecutive months, with the
subject property being free of any seasonal garden
centre for a minimum of 6 consecutive months;
3.26.1.2
Any accessory building, use or structure used in
conjunction with a seasonal garden centre shall be
portable and removed from the site for at least 6
consecutive months;
3.26.1.3
Any accessory building, use or structure used in
conjunction with a seasonal garden centre shall meet
the same setbacks and regulations of a main building
for the zone in which it exists; and
3.26.1.4
The entire area dedicated to the seasonal garden centre
shall not occupy more than 15% of the total parking
spaces supplied for the main use on the subject
property. No additional parking, or replacement parking,
will be required for the seasonal garden centre.
3.26.2
These regulations do not apply to permanent structures
attached to, or forming an integral part of, the main building
which currently function as a seasonal garden centre.
3.26.3
Freight containers and storage trailers are permitted to be
used as part of a seasonal garden centre in any commercial
or industrial zone and are subject to the regulations of that
zone.
3.27 Outside Storage Prohibited
3.27.1
No outside storage is permitted in any yard, in any zone, at
any time, except where otherwise stated in this By-law.
3.28 Home Based Businesses
3.28.1
Where a home based business is listed as a permitted use in
this By-law it shall be permitted in accordance with the following
provisions:
3.28.1.1
A home based business shall be carried on only by a
person whose normal and principal place of residence is
on the premises.
3.28.1.2
The storage of goods, materials, or finished products is
permitted only where it is accessory to the home based
business and only when the storage is wholly contained
within the dwelling unit or a building accessory to the
dwelling unit, both of which must comply with all other
City By-laws.
3.28.1.3
Any number of businesses may exist, provided the
cumulative maximum gross floor area outlined in section
3.28.1.6 is not exceeded.
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3.28.1.4
Despite the unlimited number of businesses permitted, a
maximum of only one, on-site, non-resident employee
shall be permitted per dwelling unit.
3.28.1.5
On-site non-resident employees are prohibited in
association with any home based business located within
a fourplex, townhouse, or apartment dwelling.
3.28.1.6
The floor area used by a home based business in a
dwelling unit and accessory building combined shall
not exceed the lesser of 50m2 or 30% of the gross floor
area of the dwelling unit.
3.28.1.7
A home based business shall not become a nuisance
because of traffic or parking generated, and shall produce
no offensive noise, vibration, smoke, dust, odour, heat,
glare, radiation, or electrical interference and must not
become a fire or building hazard, or health risk.
3.28.1.8
A home based business shall give no exterior indication
of the home based business including no outside storage
of supplies or material, no visible displays of goods or
products, no floodlighting, and no signs except in
accordance with the City of North Bay's Sign By-law, as
amended.
3.28.1.9
A home based business may not:
3.28.1.9.1 Be an office or medical office for a professional
regulated under the College of Physicians and
Surgeons of Ontario;
3.28.1.9.2 Be an office or medical office for a professional
regulated under the Regulated Health Professions
Act, 1991, S.O. 1991, c. 18 as amended;
3.28.1.9.3 Be an animal shelter, kennel, pet daycare facility
or veterinary establishment;
3.28.1.9.4 Be a business that requires a business license under
the City of North Bay's Business Licensing By-law;
3.28.1.9.5 Be a business that involves the salvage, repair,
storage, maintenance, detailing, sales, leasing, or
renting of motor vehicles or industrial equipment,
including body repairs and painting; or
3.28.1.9.6 Be a bed and breakfast establishment.
3.28.1.10 Materials and commodities shall not be delivered to or
from the dwelling unit in such bulk or quantity as to
require delivery by motor vehicles with detachable
trailers.
3.28.1.11 There shall not be more than 2 clients or patrons of the
home based business on the premises at any one time
except for the purposes of a child care establishment.
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3.28.1.12 The home based business, as well as its employees and
suppliers, shall not use on street parking. Motor vehicles
using on-site parking shall include no more than one
vehicle displaying the name of the home based
business no matter the number of businesses. All
commercial motor vehicle provisions of Section 4.9 of
this By-law shall be complied with.
3.28.1.13 Where parking is required for the home based business
the space must be located within the driveway.
3.29 Bed and Breakfasts
3.29.1
Where permitted by this By-law, a bed and breakfast
establishment shall comply with the requirement of a single
detached dwelling within the zone category in which the bed
and breakfast establishment is located, or the general zone
requirements if a single detached dwelling is not a permitted
use, unless otherwise specified by some special provision of this
By-law, including the following:
3.29.1.1
A bed and breakfast shall be permitted in a single
detached dwelling only;
3.29.1.2
The bed and breakfast establishment shall not
have more than three (3) guest rooms;
3.29.1.3
The guest rooms shall not contain kitchen facilities;
3.29.1.4
No one other than a resident of the dwelling may
be employed in the operation of the bed and
breakfast;
3.29.1.5
Notwithstanding anything in this By-law to the
contrary, no home based business, other rental
accommodation, group home or boarding,
lodging or rooming house shall be permitted in
any dwelling which contains a bed and breakfast
establishment;
3.29.1.6
A bed and breakfast establishment shall not be
established or operated in a manner which changes
the external residential appearance of the dwelling
unit or generates adverse effects such as those from
excessive traffic, parking, noise and hours of
operations;
3.29.1.7
A bed and breakfast shall give no exterior
indication of the bed and breakfast including no
storage of supplies or material, no displays of goods
or products, no floodlighting, and no signs except in
accordance with the City of North Bay's Sign By-law,
as amended;
3.29.1.8
In addition to any off-street parking required for the
single detached dwelling containing the bed and
breakfast establishment, there shall be a minimum
of one (1) parking space provided on the lot for each
guest bedroom; and
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3.29.1.9
The bed and breakfast establishment shall not use
on-street parking. Motor vehicles using on-site
parking shall include no more than one vehicle
displaying the name of the bed and breakfast. All
commercial motor vehicle provisions of section
4.9 of this By-law shall be complied with.
3.30 Holding Zone Regulations
3.30.1
Where a holding zone designation is shown on a Schedule to
this By-law, the land shall only have development undertaken on
it in accordance with the following provisions:
3.30.1.1
In a residential holding zone any development shall follow
the regulations of a Rural general (A) zone.
3.30.1.2
In a commercial holding zone any development shall
follow the regulations of a Rural Commercial (RC) zone.
3.30.1.3
In an industrial holding zone any development shall follow
the regulations of a Restricted Industrial (M4) zone.
3.30.2
Where a holding zone has already been assigned a specific
zoning within the broader category (such as R1H instead of RH)
then no development may occur until the holding zone has been
removed.
3.30.3
Where a holding zone is supplied with, or is going to be supplied
with adequate Municipal services, or has attained or is attaining
proper Provincial approval under the provisions of the Planning
Act, as amended, an application may be submitted in conformity
with the Official Plan of the North Bay Planning Area to rezone
the lands to a zone within the holding zone classification shown.
3.31 Sewage Disposal System
3.31.1
No part of any sewage disposal system that discharges
effluent to the soil, may be located, constructed or installed
closer than 32m, measured from the closest distribution pipe of
the sewage disposal system to the shoreline within the Trout
Lake Influence Area Overlay as identified on Schedule 'E' of this
By-law. Any additional regulations from the North Bay-Mattawa
Conservation Authority must also be met.
3.32 Urban Services Required
3.32.1
Where urban services are available within the settlement area,
as defined by Schedule A to the City of North Bay Official Plan as
amended, no development shall be permitted unless connected
to municipal water and sewer services, except where the lands
are zoned Rural General (A).
3.32.2
If services become available and front onto a lot that already
has an established dwelling on the property then connection to
municipal services will be required when the current septic
system expires and is due for replacement.
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3.33 Floodplain and Erosion Zones
3.33.1
In addition to lands specifically classified as Floodplain and
Erosion (O2) all lands meeting the following criteria will also be
deemed to be a Floodplain and Erosion (O2) zone:
3.33.1.1
Any lands abutting the shores of Trout Lake which are
below the Canadian Geodetic Datum elevation of 202.69m
above sea level; and
3.33.1.2
Any lands abutting the shores of Lake Nipissing which are
below the Canadian Geodetic Datum elevation of 196.75m
above sea level.
3.34 Automobile Service Station and Gas Bar
3.34.1
Where an automobile service station or gas bar is permitted,
the following provisions shall apply:
3.34.1.1
The automobile service station or gas bar shall meet the
following setbacks:
3.34.1.2
No portion of any pump island shall be located closer than
3m to the lot line along any street;
3.34.1.3
No portion of any ingress or egress ramp shall be located
closer than 14m to the nearest edge of the intersecting
portion of the travelled portions of any two arterial or
collector roads;
3.34.1.4
No portion of any ingress or egress ramp along any street
line shall be located closer than 3m to any side lot line
which abuts any other lot;
3.34.1.5
The width of any ingress or egress ramp along any street
line shall be a minimum of 4.5m and a maximum of 7.5m
for a one way ramp, and a minimum of 7.2m and a
maximum of 12m for a two way ramp;
3.34.1.6
The minimum distance between two ramps shall be 9m;
3.34.1.7
The interior angle of any ramp to the street line shall be
greater than 70 degrees and less than 90 degrees;
3.34.1.8
The area between the ramps and the street lines, and
along the property lines shall be used for landscaping;
3.34.1.9
No materials incidental to the operation of an automobile
service station or a private garage shall be stored
outside a building, unless there is screening adequate to
conceal the materials and, in any event, the screening
shall be a minimum height of not less than 2.5m; and
Interior Lot
Corner Lot
Min. Lot Frontage
45m
45m
Min. Lot Depth
30m
45m
Min. Front Yard Setback
12m
12m
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3.34.1.10 No gasoline pump or service station equipment shall be
located or maintained in any parking area.
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3.35 Automobile Washing Establishment
3.35.1
In any commercial zone which permits a lot to be used for an
automobile washing establishment, the establishment shall
be constructed and maintained as follows:
3.35.1.1
The entrance layout for progressive movement of cars
entering the establishment shall be sufficient to
accommodate no less than 7 cars outside the building on
the lot and the exit layout shall be sufficient to
accommodate no less than 3 cars outside the building on
the lot;
3.35.1.2
Asphalt lanes in which vehicles shall move on the lot
shall be clearly defined by lines painted on the surface of
the lot and the edge of the lane nearest to the property
line shall be defined by a curb of concrete or rolled asphalt,
or by a bollard or bumper fence;
3.35.1.3
The minimum inside turning radius for the lanes shall be
6m;
3.35.1.4
The lanes shall be clear and unobstructed in every way;
3.35.1.5
The width of any ingress or egress ramp along any street
line shall be a minimum of 4.5m and a maximum of 7.5m
for a one way ramp, and a minimum of 7.2m and a
maximum of 12m for a two way ramp;
3.35.1.6
No portion of any ramp shall be located closer than 7m to
the intersection of the street lines or their projections;
3.35.1.7
The minimum distance between ramps shall be 9m;
3.35.1.8
The interior angle of a ramp to a street line shall be not
less than 70 degrees and not more than 90 degrees;
3.35.1.9
No portion of any ramp shall be located closer than 3m to
any side lot line or in the case of a corner lot, any rear
lot line;
3.35.1.10 The entire lot except for that area reserved for
landscaping shall have a cement or asphaltic binder or
any other permanent type of surfacing; and
3.35.1.11 Adequate drainage facilities for containing and directing
on-site water to public drainage systems shall be provided.
3.35.2
Manual automobile washing establishments are exempt from
this subsection of the By-law.
3.36 Group Homes and Retirement Homes
3.36.1
No group home type 2 or group home type 3, or retirement
home, shall be located within 200m of another group home or
retirement home.
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3.37 One Dwelling Per Lot
3.37.1
Only one dwelling unit may be constructed per lot unless part
of a condominium or there is a permitted use that allows for
multiple dwelling units.
3.37.2
Additional residential dwelling units are permitted in
accordance with Section 3.20.2.1.
3.38 Special Lot frontage Provisions for Lake Nipissing
3.38.1
Where two lots abut one another with one lot having a frontage
of at least 15m on a public street and the other lot extending
from the rear lot line of the first lot to the shore of Lake
Nipissing, a single detached dwelling may be erected on
each lot provided that:
3.38.1.1
A right-of-way having a width of at least 4.5m shall be
provided for the house on that portion of the lot nearest to
Lake Nipissing and the easement shall constitute
sufficient frontage for the purposes of this By-law;
3.38.1.2
Where the house nearest to the street has been lawfully
erected prior to the date this By-law came into effect, and
is set back less than 4.5m but not less than 3m from a
side lot line, the right-of-way required by Section
3.38.1.1 shall be not less than 3m in width; and
3.38.1.3
All other relevant regulations in this By-law are complied
with.
3.39
(Section Deleted by By-law 2023-40)
3.40 Mobile Home Parks
3.40.1
Notwithstanding any other provisions in this By-law, mobile
home parks for the permanent parking of mobile homes used
for full-time living accommodation are only permitted subject to
the following regulations:
3.40.1.1
Mobile home parks may include neighbourhood
commercial uses, such as variety stores, coin-operated
laundries and barber shops, only when expressly permitted
by an amendment to this By-law, and provided that the
commercial facilities:
3.40.1.1.1 Are located, designed, and intended to serve
frequent trade or service needs of people living in
the park;
3.40.1.1.2 Are subordinate to the residential use and character
of the park;
3.40.1.1.3 Do not occupy more than 10 percent of the total
area of any mobile home park; and
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3.40.1.1.4 Present no visible evidence of their commercial
character to any part of a residential area outside of
the park.
3.40.1.2
Mobile home parks shall be a minimum of 3 hectares in
size and a maximum density of 20 units per hectare;
3.40.1.3
Mobile home parks shall be comprised of individual lots
within a Registered Plan of Subdivision and there shall be
no more than 1 mobile home located on any lot;
3.40.1.4
Mobile home parks shall be provided with full municipal
services;
3.40.1.5
Every mobile home park shall have immediately within
its boundaries a buffer area of at least 7.5m in depth in
which no lots, buildings or structures shall be
permitted; and
3.40.1.6
Mobile home parks shall be landscaped according to
good design principles to complement the residential
nature of the park.
3.41 Open Space Requirements
3.41.1
For townhouse units open space shall be provided and
maintained in accordance with the following provisions:
3.41.1.1
Open space shall be located in a yard other than the
front yard or exterior side yard that is used for a
private outdoor living area for the occupants. This space
shall exit off of a habitable room other than a bedroom and
shall be a minimum depth of 3m across the entire length
of the unit and must be defined and shielded by a wall or a
fence for a depth of at least 3m; and
3.41.1.2
In the case of a second storey dwelling unit the usable
open space shall be provided by a deck or balcony with
an area of no less than 5m2.
3.42 Amenity Space Requirements
3.42.1
Apartment buildings and cluster townhouses are required to
have amenity space provided based on a value per dwelling
unit as follows:
Bachelor unit:
0m2
Single bedroom unit:
2.3m2
Two or more bedroom units:
4.6m2.
3.42.2
Amenity Space shall not be required in the General Commercial
Inner Core (C1) zone or the General Commercial Outer Core
(C2) zone.
3.42.3
Amenity space may be provided by a deck or a balcony with an
area of no less than 5m2.
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3.43 Residential Storage of Recreational Vehicles
3.43.1
In any residential zone no boat, snowmobile, motor home or
similar recreational vehicle or equipment shall be parked or
stored in the front yard unless in compliance with the following
provisions:
3.43.1.1
The recreational vehicle being parked shall not interfere
with visibility of traffic, public safety, or the residential
amenities of the neighbourhood, or diminish the residential
character of the neighbourhood and not encroach upon the
Municipal Road Allowance. (Amended by By-law 2022-31)
3.43.1.2
In the case of a lot which fronts on a body of water, the
mooring of boats or the parking of boats within a
boathouse shall be permitted;
3.43.1.3
No person shall use a recreational vehicle being parked
as a dwelling unit.
3.44 Commercial Building Access Requirements
3.44.1
Satisfactory access from a street to a side yard or a rear yard
shall be provided for all commercial buildings to permit the
delivery or carrying of goods and supplies.
3.45 Commercial Landscaping Provisions
3.45.1
In any commercial zone which fronts on a street opposite to, or
directly abuts any residential zone a strip of land not less than
3m in width along the lot line within the commercial zone which
is opposite to or directly abuts the residential zone shall be
adequately landscaped except where used for entrances and
exits.
3.45.2
In any commercial zone which fronts on a provincial highway
or a collector or arterial road a strip of land not less than 3m in
width along the front lot line shall be adequately landscaped,
excluding C1 and C2 zones.
3.46 Institutional Landscaping Provisions
3.46.1
In any Institutional zone which fronts on a street opposite to,
or directly abuts any residential zone a strip of land not less
than 3m in width along the lot line within the institutional zone
which is opposite to or directly abuts the residential zone shall
be adequately landscaped except where used for entrances and
exits.
3.46.2
In any institutional zone which fronts on a provincial highway
or a collector or arterial road a strip of land not less than 3m in
width along the front lot line shall be adequately landscaped
except where used for entrances and exits.
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3.47 Industrial Landscaping Provisions
3.47.1
Where a lot in any industrial zone fronts onto a street opposite
a residential zone, or directly abuts a residential zone the
front yard and a strip of land not less than 6m in width along
the side and rear lot lines, within the industrial zone which is
opposite to or directly abuts the residential zone, shall be
adequately landscaped except where used for entrances and
exits.
3.47.2
Where a lot in any industrial zone fronts on a provincial
highway and is not opposite any residential zone a strip of land
not less than 3m in width along the front lot line adjacent to
the road shall be adequately landscaped except where used for
entrances and exits..
3.48 Industrial Accessory Uses (Commercial and Other)
3.48.1
In any industrial zone no part of any building or structure
shall be used, or caused or permitted to be used, for any
accessory use except in accordance with the following
provisions:
3.48.1.1
Any commercial use that is a direct accessory to the
primary industrial use shall be permitted within the main
building provided that the use does not exceed 25
percent of the gross floor area; and
3.48.1.2
An accessory building shall not be built closer to any
side lot line than the minimum distance required by this
By-law for the main building on the same lot.
3.49 Recycling Centre and Salvage Yards
3.49.1
Where a recycling centre, salvage yard, or similar use is
permitted the following regulations shall apply:
3.49.1.1
The minimum distance between the boundary of the lot
and the boundary of any rural, residential, parkland, or
open space zone shall be 150m;
3.49.1.2
The area constituting the use shall be surrounded on all
sides by a fence or wall having a minimum height of 2.5m.
A fence or wall shall be constructed of permanent
materials and provide a complete visual barrier and shall
be maintained in a neat and visually attractive manner;
3.49.1.3
The fence or wall required shall be set back a minimum of
9m from any street adjacent to the lot. The space
between the street(s) and fence(s) shall not be used for
any purpose other than providing an adequate
landscaping strip or the provision of a 1.5m landscaping
strip and visitors parking area; and
3.49.1.4
Material used or stored in the open on the lot shall be
piled no higher than the required fence.
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3.50 Site Plan Control
3.50.1
Pursuant to Section 41 of the Planning Act, as amended, certain
areas of the Municipality with Land Use designations within the
following zones are thereby designated as Site Plan Control
areas:
- R4
- R6
- RM1
- RM2
- RM3
- RC
- RMC
- RME
- RN
- RRL
- All commercial zones
- All industrial zones
- All special zones.
3.50.2
Those lands on all 'B' Schedules, 'C' Schedules and 'E' Schedules
of this By-law identified by shading are hereby designated as
Site Plan Control areas.
3.50.3
No person shall undertake any development in an area
designated in Sections 3.50.1 or 3.50.2 without entering into a
Site Plan Control Agreement with the Municipality. Such Site Plan
Control Agreement shall include:
3.50.4.1
Plans showing the location of all buildings and structures
to be erected and showing the location of all facilities and
works to be provided in conjunction therewith and of all
facilities and works required under Section 41(7)(a) of the
Planning Act;
3.50.4.2
Drawings showing plan, elevation and cross-section views
for each building to be erected, except a building to be
used for residential purposes containing less than twenty-
five dwelling units, which drawings are sufficient to
display,:
3.50.4.2.1 The massing and conceptual design of the proposed
building;
3.50.4.2.2 The relationship of the proposed building to adjacent
buildings, streets, and exterior areas to which
members of the public have access;
3.50.4.2.3 The provision of interior walkways, stairs, elevators
and escalators to which members of the public have
access from streets, open spaces and interior
walkways in adjacent buildings;
3.50.4.2.4 Matters relating to exterior design, including without
limitation the character, scale, appearance and
design features of buildings, and their sustainable
design, but only to the extent that it is a matter of
exterior design;
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3.50.4.2.5 The sustainable design elements on any adjoining
highway under a municipality's jurisdiction,
including without limitation trees, shrubs, hedges,
plantings or other ground cover, permeable paving
materials, street furniture, curb ramps, waste and
recycling containers and bicycle parking facilities;
and
3.50.4.2.6 Facilities designed to have regard for accessibility for
persons with disabilities.
3.50.4.2.7 In addition to the above, the Site Plan Control
Agreement for properties within the Trout Lake
Influence Area shown on Schedule 'E' shall also
include:
3.50.4.2.7 a) A Site Plan. Where a property has frontage on
Trout Lake or a Major Inflowing Stream the Site Plan
shall be prepared by an Ontario Land Surveyor and
drawn at scale acceptable to the City. Where the
property does not have frontage on Trout Lake or its
major inflowing streams, the Site Plan may be
prepared by an individual who is not an Ontario Land
Surveyor provided that the Plan is professionally
prepared, acceptable to the City, and adequately
details in the information described this Section. In
all cases, the Site Plan will provide the City and
agency staff with checklists and explanatory text in
order to develop appropriate Site Plan Controls
respecting the following:
i)
The siting of sewage disposal systems and their
individual components;
ii)
The siting of water supplies, particularly drilled
or dug wells;
iii)
Proposed site drainage;
iv)
House and building siting, including accessory
buildings, docks and similar structures;
v)
Parking areas, walkways and the surfacing
thereof;
vi)
Vegetative buffers and the requirements for
protection of natural vegetation and/or re-
vegetation (including trees and shrubs
appropriate to this climatic zone);
vii)
The approximate location of all natural and
artificial features on the subject land including
but not limited to, roads, drainage ditches,
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wells, watercourses, banks, slopes, swamps,
wooded areas, and large bedrock outcrops; and
viii)
All easements and utility corridors.
3.50.4.2.7 b) A cross-section plan which shows proposed final
grade elevations from the water's edge to the rear
lot line, including all areas to be excavated and/or
filled, as well as the location of all erosion control
features; and
3.50.4.2.7 c) A site grading plan and/or stormwater
management plan and landscaping plan which shows
where existing vegetation will be disturbed and/or
removed, including selective cutting and shoreline
alterations, all areas to be vegetated, including a
description of the vegetation to be planted; the
location of all site erosion control features, and an
indication of the final site drainage with details of
specific drainage features.
3.50.4.2.7 d) When deemed necessary due to steepness, terrain
conditions, or the nature of the proposal, as deemed
by the City, Council or its designate may also require
additional site information prepared by a
professional, with appropriate, demonstrated
expertise, to the satisfaction of the City, for a lot
within the Trout Lake Site Plan Control Area, which
may include:
i)
A soils report which identifies site soil
characteristics, including soil type, depth, leaching
characteristics, depth to watertable, and mitigation
measures for any soil deficiency related to a
proposed use;
ii)
An impact study which shows the impact of the
proposed use on water quality and how this impact
can effectively be minimized;
iii)
A fisheries habitat assessment of the existing
shoreline or stream with recommendations on how
the existing habitat conditions can be preserved
and/or enhanced; and
iv)
A screening plan showing how proposed uses will be
screened from view or how the existing aesthetic
landscape of the waterfront will be preserved.
3.50.5
As a condition to the approval of the plans and drawings referred
to in Section 3.50.4, the municipality may require the owner of
the land to:
3.50.5.1
Provide to the satisfaction of and at no expense to the
municipality any or all of the following:
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3.50.5.1.1 Widening of highways that abut on the land;
3.50.5.1.2 Subject to the Public Transportation and Highway
Improvement Act, R.S.O. 1990, c. P.50 facilities to
provide access to and from the land such as access
ramps and curbing and traffic direction signs;
3.50.5.1.3 Off-street vehicular loading and parking facilities,
either covered or uncovered, access driveways,
including driveways for emergency vehicles, and
the surfacing of such areas and driveways;
3.50.5.1.4 Walkways and walkway ramps, including the
surfacing thereof, and all other means of pedestrian
access;
3.50.5.1.5 Facilities designed to have regard for accessibility for
persons with disabilities;
3.50.5.1.6 Facilities for the lighting, including floodlighting, of
the land or of any buildings or structures thereon;
3.50.5.1.7 Walls, fences, hedges, trees, shrubs or other
groundcover or facilities for the landscaping of the
lands or the protection of adjoining lands;
3.50.5.1.8 Vaults, central storage and collection areas and other
facilities and enclosures for the storage of garbage
and other waste material;
3.50.5.1.9 Easements conveyed to the municipality for the
construction, maintenance or improvement of
watercourses, ditches, land drainage works and
sanitary sewage facilities and other public utilities of
the municipality or public authority; and
3.50.5.1.10 Grading or alteration in elevation or contour of the
land and provision for the disposal of storm, surface
and waste water from the land and from any
buildings or structures thereon;
3.50.5.1.11 In addition to the above, provide to the satisfaction
of and at no expense to the municipality any or all
of the following:
The use of mineral rich soils (iron and aluminum)
for septic tile field and mantle or tertiary
treatments;
The use of phosphorus removing sewage
disposal systems;
Sewage disposal system monitoring and
maintenance requirements;
Eavestroughs installed on the building shall outlet
into infiltration trenches and soakaway pits on the
corner of the building farthest from the Lake;
Retain all existing natural vegetation and mature
tree growth where possible (dead, diseased or
hazardous trees may be removed at any time);
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Vegetation buffers to show down and retain runoff
to promote settling;
Prohibitions on the use of lawn fertilizer;
Prohibitions on the use of treated lumber;
Installation of silt fences, check dams and straw
bales during construction;
Minimize land disturbance area;
Minimize slope and gradient of disturbed areas;
and,
Other considerations as deemed necessary during
pre-consultation based on the site and nature of
the proposed development.
3.50.5.2
Maintain to the satisfaction of the municipality and at the
sole risk and expense of the owner any or all of the
facilities or works mentioned in 3.50.5.1.2 to 3.50.5.1.10
including the removal of snow from access ramps and
driveways, parking and loading areas and walkways;
3.50.5.3
Enter into one or more agreements with the municipality
dealing with and ensuring the provision of any or all of the
facilities, works or matters mentioned in section 3.50.5.1
and section 3.50.5.4 and maintenance thereof as
mentioned in section 3.50.5.2 or with the provision and
approval of the plans and drawings referred to in Section
3.50.4;
3.50.5.4
Enter into one or more agreements with the municipality
ensuring that development proceeds in accordance with
the plans and drawings approved under subsection
3.50.5.4; and
3.50.5.4
Subject to section 41(9.1) of the Planning Act, convey part
of the land to the municipality to the satisfaction of and
at no expense to the municipality for a public transit
right-of-way.
3.50.6
Notwithstanding the foregoing, the provisions of Subsections
3.50.4 and 3.50.5 shall not apply to:
3.50.6.1
Accessory buildings and structures thereto in any
residential zone;
3.50.6.2
Signs; and
3.50.6.3
Underground gasoline storage tanks.
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Section 4 - Parking and Loading Space Provisions
4.1
Applicability of this Section
4.1.1
The Parking and Loading Space Provisions in this Section of the
By-law shall not apply to any legally existing building or use
at the time this By-law came into effect so long as the floor
area is not increased or the use changed to a use that requires
more parking than currently exists.
4.1.2
If an addition is made to a building that increases floor area,
or another factor in the calculation of required parking spaces,
then additional parking or loading spaces shall be provided to
meet the standards of this section.
4.2
General Parking Regulations
4.2.1
Each automobile parking space required by this By-law shall
have access to a street or public lane unobstructed by any
other parking space, except for required parking for single
detached, semi-detached, street front townhouses,
including a stacked street front townhouse, where stacking
spaces shall be permitted.
4.2.1.1
Additional residential dwelling units are required to provide
0.5 parking space per unit, in addition to the parking required
under Section 4.13.
4.2.2
Where there is a combination of uses in any building, the
minimum number of parking spaces shall be the combined
total of the number required for each type of use.
4.2.3
For the purposes of calculating parking spaces for industrial
uses, the minimum number of parking spaces shall be drawn
on a site plan for each new development and redevelopment to
demonstrate how the necessary parking requirement is being
met. The necessary parking requirement shall be shown as an
area that is reserved for, and can be constructed as, a parking
area when eventually needed.
4.3
Larger Parking Areas
4.3.1
Where parking areas of more than 8 vehicles exist, with the
exception of a residential use with 4 dwelling units or less, the
following shall be required:
4.3.1.1
Adequate drainage facilities shall be provided and
maintained;
4.3.1.2
The parking area shall be maintained with a stable
surface treated to prevent the raising of dust or loose
particles;
4.3.1.3
The parking area shall be defined by a fence, curb, or
other suitable obstruction designed to provide a neat
appearance, but not to be located so as to obstruct sight
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distance;
4.3.1.4
The lights used for illumination of the parking area shall
be arranged to direct the light away from adjacent lots,
particularly residential zones;
4.3.1.5
A structure of not more than 3m in height and not more
than 4.6m2 in area may be erected in a parking area for
the use of attendants; and
4.3.1.6
Entrance and exit ramps shall be provided and well defined
according to the following standards:
4.3.1.6.1
In residential zones the ramps shall have a
minimum width of 3m and a maximum width of 4.3m
for a one-way ramp, and a minimum width of 6m
and a maximum width of 7.3m for a two-way ramp;
4.3.1.6.2
In commercial zones the ramps shall have a
minimum width of 4.5m and a maximum width of
7.5m for a one-way ramp, and a minimum width of
7.2m and a maximum width of 12m for a two-way
ramp; and
4.3.1.6.3
In industrial zones the ramps shall have a minimum
width of 5m and a maximum width of 9m for a one-
way ramp, and a minimum width of 9m and a
maximum width of 15m for a two-way ramp.
4.4
Parking Space Specifications
4.4.1
Each automobile parking space shall have a:
4.4.1.1
Minimum length of 5.5m, and for parallel parking 7.3m;
and
4.4.1.2
Minimum width of 2.75m.
4.4.2
Each commercial motor vehicle parking space shall have a:
4.4.2.1
Minimum area of 28m2;
4.4.2.2
Minimum width of 3.6m; and
4.4.2.3
Minimum length of 7.6m.
4.4.3
Aisle space for access to parking spaces shall have, based
upon the angle of parking, minimum widths of:
4.4.3.1
7m for a 90o turn;
4.4.3.2
3.3m for a 45o turn and shall have an aisle that has one
way traffic; and
4.4.3.3
3.3m for parallel parking and shall have an aisle that has
one way traffic.
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4.5
Parking of Motor Vehicles Without Current Licence Plates
4.5.1
No person shall use any lot in any zone for the parking or
storage of any vehicle that does not have a current licence plate
except:
4.5.1.1
Any number of vehicles may be stored on a property
zoned residential, rural, commercial, or industrial provided
that they are stored within a permanent enclosed garage,
warehouse, or other similar building; and
4.5.1.2
Up to 4 vehicles may be stored outside of a building in a
Rural General (A) zone, where fully screened from view
from a public roadway.
4.6
Accessible Parking
4.6.1
A minimum number of accessible parking spaces must be
provided, as per the below table:
Minimum Number of Required
Parking Spaces
Minimum Number of Accessible
Parking Spaces
10 - 30
1
31 - 60
2
61 - 90
3
4.6.2
1 additional accessible parking space shall be required for each
additional 30 parking spaces or part thereof.
4.7
Accessible Parking Space Specifications
4.7.1
The accessible parking spaces shall adhere to the following
specifications:
4.7.1.1
Have a minimum width of 5m each or 3.5m when the
parking stall is located adjacent to an accessible aisle or a
hard-surfaced walkway dedicated to pedestrian access that
has a minimum width of 1.5m.
4.7.1.2
Have a length that is the same as the other parking
spaces in the same parking facility;
4.7.1.3
Have a hard, stable, and level surface that reduces the
raising of dust and other particles;
4.7.1.4
The spaces shall be located so as to be accessible to the
public via ramps, depressed curbs or other appropriate
means and placed so as to permit easiest access by the
people to or from a motor vehicle; and
4.7.1.5
Each designated parking space shall be provided with a
sign as per the Highway Traffic Act Ontario Reg. 581.
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4.8
Residential Zone Parking Regulations
4.8.1
In any residential zone parking spaces shall be provided and
maintained in an attached or detached private garage or
carport, in a side or rear yard, or in the case of a front yard
in an area that is well defined and occupies 50 percent or less of
the lot area of the front yard; an exception to the 50 percent
or less for front yard parking shall be in the case of a
residential zone that has a lot frontage of 10.5m or less, in
which case the parking in the front yard shall be well defined
and occupy 62 percent or less of the lot area of the front yard.
All parking must occur wholly within the property boundaries.
4.8.2
All parking spaces shall be appropriately sited, graded and
drained to ensure that storm water runoff and snow melt is
directed away from abutting properties and toward municipal
storm water catchment systems.
4.9
Residential Zone Commercial Motor Vehicle Parking
4.9.1
No person shall park or store, in any residential zone, any
commercial motor vehicle or trailer which:
4.9.1.1
Has a length greater than 6m; or
4.9.1.2
Has a height greater than 2.2m.
4.9.2
Where a commercial motor vehicle or trailer does not exceed
the size regulations established by Section 4.9.1, a maximum of
one commercial motor vehicle or trailer may be parked within
the front yard and an additional commercial motor vehicle or
trailer may be parked within a fully enclosed building, side
yard or rear yard of a lot, provided that:
4.9.2.1
Any commercial motor vehicle being parked does not
interfere with visibility of traffic, public safety, or with the
residential amenities of the neighbourhood, or diminish the
residential character of the neighbourhood; and
4.9.2.2
The commercial motor vehicle is operated by an
occupant of the dwelling unit.
4.9.4
This subsection shall not prevent the standing of any vehicle for
the purpose of normal business operations, such as actively
loading or unloading merchandise or passengers.
4.10 Drive through
4.10.1
No portion of a drive through as part of an establishment
including the lineup or movement of vehicles, in or out, shall
have an effect of reducing access to the required parking
spaces in this section of the By-law.
4.10.2
The drive through function shall be adequate to accommodate
the stacking of 10 vehicles within the lot. Stacking spaces for
a drive through shall not count towards required parking.
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4.10.3
A stacking space shall be located to prevent any vehicles from
extending onto the road, public right-of-way, or interfering
with any pedestrian circulation, traffic manoeuvring, or other
required parking areas.
4.11 Calculation of Parking Requirements
4.11.1
If the minimum number of parking spaces is calculated based
on a ratio then the number of parking spaces required shall
round up to the next higher whole number if the calculation
meets or exceeds 0.5 of a space.
4.12 Calculation of Parking Requirements for Industrial,
Institutional, and Commercial Zones
4.12.1
For the purposes of calculation of the required number of
parking spaces in an institutional, industrial or commercial
zone, the total gross floor area will be considered 20% less
than the actual measured amount for the purpose of
accommodating elevators, stairwells, hallways, storage and
mechanical rooms, etc.
4.13 Required Parking Spaces by Use
4.13.1
Subject to Section 4.2.3 of this By-law, no person shall
construct or cause to be constructed, a building, unless there is
provided on the same lot as the building, the minimum number
of automobile parking spaces set out in the following table for
each type of building, unless otherwise stated elsewhere in this
By-law:
Use
Minimum Parking Required
Single Detached, Semi-detached,
Street Front Townhouse, and
Stacked Street Front
Townhouse.
2 parking spaces per dwelling
unit and an additional 0.5 parking
spaces for each additional
dwelling unit.
Duplex, Triplex
3 parking spaces required in total
for a duplex or triplex.
Fourplex
1.3 parking spaces per dwelling
unit.
Cluster Townhouse, Stacked
Cluster Townhouse, and mixed
use Commercial-Residential.
1.5 parking spaces per dwelling
unit with the requirement of 20% of
those parking spaces being
reserved for visitor parking.
Any apartment not specifically
listed elsewhere in this By-law.
1.5 parking space per dwelling
unit with the requirement of 20% of
those parking spaces being
reserved for visitor parking.
Apartment or other building with
three or more dwelling units
maintained and operated by the
Nipissing District Housing
Corporation or any other
department or ministry of the
federal or provincial
government, or a private not for
profit agency.
1 parking space per 2 dwelling
units with the requirement of 10%
of those parking spaces being
reserved for visitor parking.
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Use
Minimum Parking Required
Retirement Home or a Boarding,
Lodging or Rooming House.
1 parking space per 2 dwelling
units.
Offices, Non-Profit Use.
1 parking space per 30m2 of total
floor area..
Places of Entertainment,
Recreational Facility.
1 parking space per 30m2 of total
floor area.
Restaurant.
1 parking space per 15m2 total
floor area.
Hospital, Correctional Facilities,
and all other Institutional Use.
1 parking space for every two
beds or per every 40m2 of floor
area, whichever is greater.
Elementary School.
2 parking spaces per classroom.
High School.
5 parking spaces per classroom.
Library, Museum, or Art Gallery.
Minimum 10 parking spaces or 1
per 100m2 of floor area, whichever
is greater.
Government Building.
1 parking space per 30m2 of total
floor area with the requirement of
10% of parking spaces being
reserved for visitor parking.
Hotel.
1 parking space for each guest
room, plus the required number of
parking for any on-site restaurant
or bar provided in accordance with
regulations of this By-law.
(Amended by By-law 2022-31)
Funeral Home.
1 parking space per 15m2 total
floor area.
Veterinary Establishment.
1 parking space per 30m2 floor
area.
Self-Storage Use, Warehouse, All
other Industrial Uses not
specified elsewhere.
1 parking space for each 100m2 of
floor area.
Body Shop, Home Improvement
Centre, Automobile Service
Station
1 parking space per 30m2 total
floor area.
Bulk Sales Establishment,
Wholesale Use.
1 parking space per 50m2 total
floor area.
Places of Worship.
1 parking space per 10m2 floor
area devoted to public use.
Commercial Use in any
Commercial Zone except C1 or
C2, unless otherwise specified.
1 parking space for every 30m2 of
floor area.
Camping Establishment,
Seasonal
1 parking space per tent or trailer
space.
Mobile Home Park.
1 parking space per lot within the
mobile home park.
Any use in an Industrial
Business Park Zone, except
those uses specifically listed
elsewhere.
1 parking space for every 60m2 of
floor area.
Post-Secondary Institution.
1 parking space for ever 50m2 of
floor area.
Post-Secondary Residence.
1 parking space for every 4 beds.
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4.14 Required Parking Spaces by Use (Commercial Core Zones - C1
and C2)
4.14.1
No person shall construct, or cause to be constructed, a
building in a general commercial inner core (C1) zone or a
general commercial outer core (C2) zone unless there is
provided within 152m of the building the minimum number of
automobile parking spaces set out in the following table for
each type of building, unless otherwise stated within this By-
law:
Use
Minimum Parking Required
Any Residential Use.
In the C1 zone 0.5 parking spaces
shall be required per unit after the
fourth unit. Residential uses with 1
- 4 units shall require no parking in
the C1 zone. 0.5 parking spaces
per unit shall be required in the C2
zone.
Apartment or other building with
three or more dwelling units
maintained and operated by the
Nipissing District Housing
Corporation or any other
department or ministry of the
federal or provincial
government, or a private not for
profit agency.
No parking shall be required for the
C1 zone. 1 parking space for each
6 dwelling units or part thereof as
well as 10% of the required
parking spaces or 2 parking
spaces, whichever is the greater,
being designated exclusively for
visitor parking shall be required in
the C2 zone.
Retirement Home, or any
Boarding, Lodging or Rooming
House.
1 space for every 6 dwelling units
or part thereof as well as 10% of
the required parking spaces or 2
parking spaces, whichever is the
greater, being designated
exclusively for visitor parking.
Retail Store, Local Retail Store,
Personal Service Establishment,
Bar, Places of Entertainment,
Funeral Home, Farmers Market,
Place of Worship, Restaurant.
No parking shall be required in the
C1 zone. 1 parking space for
every 75m2 of floor area in the C2
zone.
Financial Institution and Grocery
Store.
No parking shall be required in the
C1 zone. 1 parking space for
every 50m2 of floor area in the C2
zone.
Transit Terminal.
1 parking space for every 50m2 of
floor area.
Business Office, Professional
Offices.
1 parking space for every 50m2 of
floor area.
Hotel.
1 parking space for each guest
room plus 1 parking space for
each 10m2 of floor area of the
building devoted to public use.
Automobile Service Station.
1 parking space per 75m2 of floor
area in addition to 1 parking
space per active pump on the lot.
All other Commercial Uses.
1 parking space for every 75m2 of
total floor area.
Any combination of the above
uses.
Except where specific provisions to
the contrary are contained in this
By-law, the aggregate of the
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Use
Minimum Parking Required
parking spaces required with
respect to the above uses shall be
required.
4.14.2
Notwithstanding Section 4.14.1, where residential
accommodation is included in any of the above types of
buildings, 25% of the minimum number of automobile parking
spaces shall be on the same lot as the building containing the
residential accommodation, and further provided that the off-site
parking spaces required for the buildings are situated on land
owned by the owner of the building or are on lands leased by
the owner of the building, which shall have an active lease for
the duration of the primary use. The lease may change
locations during the duration of the primary use as long as a
lease that provides sufficient access to required parking is
consistently active. Failing the above, cash in lieu of parking as
compensation shall be payable by the subservient lands and may
be collected in like manner as municipal taxes against land,
forthwith upon demand.
An agreement entered into by the owner of the building and the
municipality shall provide for the making of such payments to
the municipality as consideration for the granting of the
exemption and shall set forth the basis upon which such
payment is calculated.
4.15 General Loading Space Regulations
4.15.1
No loading spaces shall be permitted in any side yard
adjacent to any residential or rural zone.
4.15.2
No loading space shall be permitted in any front yard.
4.15.3
Except where the total floor area is less than 300m2, 1 loading
space shall be required for every 1,860m2 of the total floor area.
i.e. 301m2 = 1 loading space, 1861m2= 2 loading spaces.
"However, in the C1 Zone, except where the total floor area is
less than 2,000 m2 , 1 loading space shall be required for every
2,000 m2 or fraction thereof, of the total floor area."
4.16 Loading Space Standards
4.16.1
No person shall erect, use or cause to be erected or used,
any building or structure in any zone for any commercial or
industrial purpose involving the movement of goods or persons
unless loading spaces are provided and maintained as follows:
4.16.1.1
Each loading space shall have a minimum dimension of
at least 3.6m by 13.7m;
4.16.1.2
Each loading space shall be at least 4m in height for
clearance;
4.16.1.3
Adequate drainage facilities shall be provided and
maintained;
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4.16.1.4
The loading space and approaches shall be maintained
with a stable surface treated to prevent the raising of dust
or loose particles; and
4.16.1.5
The lights used for illumination of the loading space shall
be so arranged as to direct the light away from adjacent
lots.
4.17 Loading Space Access Requirement
4.17.1
In any commercial or industrial zone:
4.17.1.1
Satisfactory access from a street to a side yard or a rear
yard shall be provided for all commercial buildings to
permit the carrying of goods and supplies, except those
buildings which are less than 300m2 in area; and
4.17.1.2
There shall be sufficient driveway space to permit
manoeuvring of vehicles on the lot so as not to cause an
obstruction or a hazardous condition on adjacent streets.
4.18 Loading Space Entrance and Exit Standards
4.18.1
A driveway leading to any loading area shall have a minimum
width of 3.6m for one-way traffic, and a minimum width of 7.3m
for two-way traffic.
4.18.2
A driveway leading to any loading area shall be defined by a
curb of concrete or rolled asphalt.
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Section 5 - Residential Zones
5.1
Permitted Uses:
5.1.1
No person shall, within any residential zone, use or permit or
cause the use of any land, or erect, alter, enlarge, use or
maintain any building or structure for any use other than as
permitted in Tables 5A to 5D of this section. The General
Provisions of Section 3 of this By-law must also be met, unless
otherwise stated.
5.1.2
Tables 5A and 5C of this section outline uses that are permitted
in a residential zone. Permitted uses are denoted by the symbol
'X' in the column applicable to each zone and correspond with
the specified use identified in the row. A number in brackets
immediately following 'X' indicates that there are special
provisions regarding that use; these special provisions are listed
below the table.
5.1.3
Tables 5B and 5D of this section outline setback and other
regulations that shall be adhered to in any residential zone. A
number in brackets immediately following a piece of data
indicates that there are special provisions regarding that use;
these special provisions are listed below the table.
5.1.4
The residential zones are as follows:
Residential First Density
R1
Residential Second Density
R2
Residential Third Density
R3
Residential Mobile Home Park
R4
Residential Fifth Density
R5
Residential Sixth Density
R6
Residential Multiple First Density
RM1
Residential Multiple Second Density
RM2
Residential Multiple Third Density
RM3
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Table 5A - Permitted Low Density Residential Uses:
USE
R1
R2
R3
R4
R5
R6
Single Detached
Dwelling
X
X
X
X
X
Semi-detached
Dwelling
X
X
X
Duplex Dwelling
X
Triplex Dwelling
X
Additional Residential
Urban Dwelling Unit
X
X
X
X
X
Fourplex Dwelling
X
Cluster Townhouse
X
Stacked Townhouse
X
Street Front
Townhouse
X
Mobile Home
X
Group Home Type 1
X
X
X
X
X
X
Group Home Type 2
X
Accessory Bed and
Breakfast
X
X
X
Accessory Home
Based Business
X
X
X
X
X
X
Parks and Playgrounds
X
X
X
X
X
X
Accessory Day
Nursery
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
Institutional Uses
X
X
X
X
X
X
Principal Dwelling
Unit Short-Term
Rental (Amended by
By-law 2022-76)
X
X
X
X
X
Special Provisions for Table 5A (Permitted Low Density Residential
Uses):
1)
An Accessory Day Nursery is permitted within an institutional or
public building located within a residential zone. Institutional
buildings include schools, churches, a public or private club or
other similar uses. An Accessory Day Nursery is subject to the
provisions of the Child Care and Early Years Act, 2014, and any
successor or amendment thereto.
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Table 5B - Low Density Residential Regulations:
Zone
Use
Minimum
Lot Area
(M2) per
dwelling
unit
Minimum
Lot
Frontage
(M)
Maximum
Lot
Coverage
Maximum
Height
(Storeys)
Front
Yard
Setback
(m)
Interior
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provision
s
R1
Single Detached
Dwelling
540
18
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(11)
R1
Group Home
Type 1
540
18
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(12)
R2
Single Detached
Dwelling
450
15
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(11)
R2
Group Home
Type 1
450
15
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(12)
R3
Single Detached
Dwelling
411
13.7
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(11)
R3
Semi-detached
Dwelling
270
9 per
dwelling
unit
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(11)
R3
Group Home
Type 1
411
13.7
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(12)
R4
Mobile Home
325.1 (1
unit)
371.6 (2
units)
10.5 (1
unit),
13.7 (2
units)
35%
2.5
6
1.2(1)(3)
3(4)
10.5(6)
N/A
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Zone
Use
Minimum
Lot Area
(M2) per
dwelling
unit
Minimum
Lot
Frontage
(M)
Maximum
Lot
Coverage
Maximum
Height
(Storeys)
Front
Yard
Setback
(m)
Interior
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provision
s
R5
1 Storey Single
Detached
Dwelling or
Group Home
Type 1
270
9
45%
1
4.5
1.2(1)(2)
(3)
3(4)
7.5
(11), (12)
R5
1 ½ storey or
greater Single
Detached
Dwelling or
Group Home
Type 1
315
10.5
45%
2.5
4.5
1.2(1)(2)
(3)
3(4)
7.5
(11), (12)
R5
Semi-detached
Dwelling
270,
360
(corner
lot)
9 per
dwelling
unit,
12 per
dwelling
unit
(corner
lot)
45%
2.5
4.5
1.2(1)(2)
(3)
3(4)
7.5
(11)
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R6
Single Detached
Dwelling
270
10.5
45%
2.5
6
1.2(1)(3)
3(4)
7.5
(13)
R6
Semi-detached
Dwelling
270
9 per
dwelling
unit
45%
N/A
6
1.2(1)(3)
3(4)
7.5
(11)
R6
Duplex
135
10.5
45%
2.5
6
1.2(1)(3)
3(4)
7.5
R6
Triplex
90
10.5
45%
2.5
6
1.2(1)(3)
3(4)
7.5
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Zone
Use
Minimum
Lot Area
(M2) per
dwelling
unit
Minimum
Lot
Frontage
(M)
Maximum
Lot
Coverage
Maximum
Height
(Storeys)
Front
Yard
Setback
(m)
Interior
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provision
s
R6
Fourplex
Dwelling
171
22.8
45%
N/A
6
1.2(1)(3)
3(4)
7.5
N/A
R6
Cluster
Townhouse
200 per
dwelling
unit
30
45%
2
6
1.2(1)(3)
3(4)
7.5
(7)(8)
(11)
R6
Stacked
Townhouse
100
7.5 per
interior
dwelling
unit
stack, 8.7
per end
dwelling
unit stack
55% (48%
for corner
lots)
2
6
1.2(1)(3)
3(4)
6
(7)(8)(11)
R6
Street Front
Townhouse
200
7.5 per
interior
dwelling
unit, 8.7
per end
dwelling
unit
55% (48%
for corner
lots)
2
6
1.2(1)(3)
3(4)
6
(7)(8)(11)
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Zone
Use
Minimum
Lot Area
(M2) per
dwelling
unit
Minimum
Lot
Frontage
(M)
Maximum
Lot
Coverage
Maximum
Height
(Storeys)
Front
Yard
Setback
(m)
Interior
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provision
s
R6
Group Home
Type 1
270
18
39%, 42%
(corner
lot)
N/A
6
1.2(1)(3)
3(4)
7.5
(12)
R6
Group Home
Type 2
171
22.8
39%, 42%
(corner
lot)
N/A
6
1.2(1)(3)
3(4)
7.5
N/A
Any
Institutional
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
(9)(10)
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Special Provisions for Table 5B (Low Density Residential
Regulations):
1.
For every additional storey or part thereof above the first, an
additional 0.6m will be added to the required setback of that
storey. (Amended by By-law 2022-31)
2.
In a R5 zone 1 side yard setback may be 0.6m for a single
storey building; for additional storeys provision 1 in this list
applies.
3.
When a building is one storey on one side and two storeys on
the other side, the side yard setbacks will be based upon the
height of the building where each yard is located.
4.
In the case of a corner lot any entrance to an attached or
detached garage shall be setback 4.5m and any driveway
shall be setback 9m from the intersection of two street lines.
5.
(Intentionally left blank - repealed by By-law 2022-31)
6.
In a R4 zone when the lot fronts onto the 7.6m buffer strip
then the rear yard setback shall be 4.5m.
7.
A townhouse may not have more than 8 dwelling units per
building, with the exception of a stacked townhouse which is
permitted 16 units.
8.
No two adjacent buildings on the same lot shall be built closer
than 2.4m to each other for a single storey dwelling; an
additional 0.6m will be added for each additional storey.
9.
Does not apply to Public Uses under section 3.3
10.
Shall meet the regulations of the zone in which it is located.
11. Permitted additional residential dwelling units are not
included as a dwelling unit for minimum lot area and minimum
lot frontage.
12.
A Group Home Type 1 is not permitted an additional
residential dwelling unit.
13.
A new Single detached dwelling must contain a minimum of
one Additional Dwelling Unit (ADU) within the primary structure.
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Table 5C - Permitted High Density Residential Uses:
USE
RM1
RM2
RM3
Apartment Dwellings
X
X
X
Boarding, Lodging or Rooming
House
X
X
X
Group Home Type 2
X
X
Accessory Home Based Business
X
X
X
Accessory Non-Residential Use
X(1)
X(1)
Parks, Playgrounds and Non-profit
uses
X
X
X
Day Nursery
X
X
X
Institutional Uses
X
X
X
Principal Dwelling Unit Short-
Term Rental (Amended by By-law
2022-76)
X
X
X
Special Provisions for Table 5C (Permitted High Density Residential
Uses):
1)
A convenience store to serve the day to day needs of the
occupants may be permitted in an apartment building in
zones RM2 or RM3, provided that it's on the ground floor only
and is not more than 10% of the gross floor area or 275m2,
whichever is the lesser.
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Table 5D - High Density Residential Setback Requirements:
Zone
Use
Maximum
Gross Floor
Area (% of
Lot Area)
Minimum
Lot
Frontage
(m)
Minimum
Useable
Open
Space (%
of Gross
Floor Area)
Front Yard
Setback
(m)
Interior
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provisions
RM1
Apartment
Dwellings
75
30
50
7(1)
6(2)
6(2)
7(1)
(3)(4)
RM1
Boarding,
Lodging or
Rooming House
75
30
N/A
7(1)
6(5)
3
7
(6)
RM1
Group Home
Type 2
75
22.8
N/A
7(1)
1.2(5)
3
7
(6)
RM2
Apartment
Dwellings
115
30
50
7(1)
6(2)
6(2)
7(1)
(3)(4)
RM2
Boarding,
Lodging or
Rooming House
115
30
N/A
7(1)
6(5)
3
7
(6)
RM2
Group Home
Type 2
115
22.8
N/A
7(1)
1.2(5)
3
7
(6)
RM3
Apartment
Dwellings
150
38
45
7(1)
6(2)
6(2)
7(1)
(3)(4)
RM3
Boarding,
Lodging or
Rooming House
150
38
N/A
7(1)
6(5)
3
7
(6)
Any
Institutional
N/A
N/A
N/A
N/A
N/A
N/A
N/A
(7)(8)
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Special Provisions for Table 5D (High Density Residential Setbacks):
1)
Unless half the height of the building is greater than 7m, then
that distance shall be the setback value.
2)
Unless half the height of the building is greater than 6m, then
that distance shall be the setback value.
3)
A canopy or other similar structure that is over a major
entrance way into an apartment building may encroach on the
setback requirement by a distance of up to half of the required
setback for the respective yard.
4)
Apartment buildings are required to have adequate
landscaping in the form of a 1.5m buffer abutting side and
rear lot lines as well as abutting the building itself where
windows to habitable rooms are located on the ground floor.
5)
For each additional storey above the first an additional 0.6m will
be added to the setback value.
6)
The building may not exceed 10.5m in height.
7)
Does not apply to Public Uses under section 3.3
8)
Shall meet the regulations of the zone in which it is located.
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Section 6 - Commercial Zones
6.1
Permitted Uses:
6.1.1
No person shall, within any commercial zone, use or permit or
cause the use of any land, or erect, alter, enlarge, use or
maintain any building or structure for any use other than as
permitted in Tables 6A and 6B of this section and in accordance
with the standards contained in Table 6C of this section. The
General Provisions in Section 3 of this By-law also must be met
unless otherwise stated.
6.1.2
Tables 6A and 6B of this section outline uses that are permitted
in a commercial zone. Permitted uses are denoted by the
symbol 'X' in the column applicable to each zone and
correspond with the specified use identified in the row. A
number in brackets immediately following 'X' indicates that there
are special provisions regarding that use; these special
provisions are listed below the table.
6.1.3 The commercial zones are as follows:
General Commercial Inner Core
C1
General Commercial Outer Core
C2
Regional Shopping Centre
C3
District Commercial
C4
Neighbourhood Commercial
C5
Arterial Commercial
C6
Arterial Commercial - Fisher Street
C6F
Arterial Commercial - Lakeshore Drive
C6L
Tourist Commercial
C7
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Table 6A - Permitted Non-Residential Uses:
Use
C1
C2
C3
C4
C5
C6
C6F
C6L
C7
Automobile
Sales, Service,
and Leasing
Establishment
X
X
X
X
X
Automobile
Service
Station
X
X
X
X
X
Automobile
Washing
Establishment
X
X
X
X
X
Bar
X
Boarding,
Lodging or
Rooming
House
X
X
Body Shop
X
Brewery,
Micro
(Amended by
By-law 2022-
31)
X
X
X
X
X
X
X
X
X
Broadcast
Studio or
Newsroom
X
X
X
Camping
Establishment
X
Commercial
Parking Lot
X
X
X
X
X
X
Convenience
Store
X
X
X
X
X
X
X
X
X
Day Nursery
X
X
X
X
X
X
X
X
Distillery,
Micro
(Amended by
By-law 2022-
31)
X
X
X
X
X
X
X
X
X
Dry Cleaning
Depot
X
X
X
X
X
X
X
X
Dry Cleaning
Establishment
X
X
X
X
X
Efficiency Unit
X
X
X
Farmer's
Market
X
X
Financial
Institution
X
X
X
X
X
X
X
X
Flea Market
X
X
X
X
X
X
X
Funeral Home
X
X
X
X
Garden Centre
X
X
X
X
X
X
Gas Bar
X
X
X
X
X
Grocery Store
X
X
X
X
Group Home
Type 2
X
X
X
Home
Improvement
Centre
X(1)
X(1)
Hotel
X
X
X
X
X
X
X
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Use
C1
C2
C3
C4
C5
C6
C6F
C6L
C7
Industrial
Equipment
Sales, Service,
and Leasing
Establishment
X
Library,
Museum, or
Art Gallery
X
X
Marina
X
Non-Principal
Dwelling Unit
Short-Term
Rental
(Amended by
By-law 2022-
76)
X
(5)
X
Non-Profit Use
X
X
X
X
X
X
Office,
Business
X
X
X
X
X
X
Office,
Corporate
Administrative
X
X
Office,
Professional
X
X
X
X
X
X
Park, Public
X
X
X
X
X
X
Parking Area
X
X
X
X
X
X
X
Personal
Service
Establishment
X
X
X
X
X
X
X
X
X
Pet Daycare
Facility
X(2)
X(2)
X(2)
Pet Grooming
(Amended by
By-law 2022-
31)
X
X
X
X
X
X
X
X
X
Pet Shop
X(3)
X(3)
X(3)
X(3)
X(3)
X(3)
X(3)
Pharmacy
X
X
X
X
X
X
X
X
Places of
Entertainment
X
X
X
X
X
X
X
X
Places of
Worship
X
X
X
X
X
X
X
X
Post Office
X
X
X
X
X
X
X
Post-
Secondary
Institution
X
X
Production
Studio
(Amended by
By-law No.
2023-90)
X
X
X
X
X
Recreational
Facility
X
X
X
X
X
Recreational
Vehicle and
Equipment
Sales, Service,
and Leasing
X
X
X
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Use
C1
C2
C3
C4
C5
C6
C6F
C6L
C7
Restaurant
X
X
X
X
X
X
X
X
X
Retail Store
X
X
X
X
X(4)
Retail Store,
Local
X
X
X
X
X
X
X
School, Public
or Private
X
X
Specialty Food
Store
X
X
X
X
X
X
X
Tourist Cabin
X
Transit
Terminal
X
X
X
Transportation
Terminal
X
Veterinary
Establishment
X
X
X
X
X
X
Wholesale Use
X
X
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Special Provisions for Table 6A (Permitted Non-Residential Uses):
1)
A home improvement centre may have outside storage of
lumber and related building supplies associated with it provided
that it is shielded from view of adjacent properties through
appropriate fencing or structures.
2)
May not be located within 100m of a residential zone.
3)
The sale of dogs or other large animals shall not be permitted as
part of a pet shop.
4)
Retail stores can be operated as an accessory use to the
other permitted uses in the same C7 zone.
5)
No non-principal dwelling unit short-term rental shall be
permitted on the ground floor within buildings fronting on Main
Street between Wyld Street and Algonquin Avenue or on Oak
Street between Wyld Street and Algonquin Avenue.
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Table 6B - Permitted Residential Uses:
Use
C1
C2
C3
C4
C5
C6
C6F
C6L
C7
Bed and
Breakfast
X
X
Dwelling,
Accessory
X(4)
Dwelling,
Apartment
X(1)
X
X(2)
X(3)
X(3)
X(3)
X(3)
Dwelling,
Fourplex
X(1)
X
Additional
Residential
Urban
Dwelling
Unit
X(1)
X
Retirement
Home
X(1)
X
X(2)
Principal
Dwelling
Unit Short-
Term
Rental
(Amended
by By-law
2022-76)
X
(1)
X
X
(2)
X
(3)
X
(3)
X
(3)
X
(3)
X
(4)
(6)
Special Provisions for Table 6B (Permitted Residential Uses):
1)
No dwelling units or principal dwelling unit short-term
rentals shall be permitted on the ground floor within buildings
fronting on Main Street between Wyld Street and Algonquin
Avenue or on Oak Street between Wyld Street and Fraser
Street. (Amended by By-law 2022-76)
2)
Dwelling units, or any residential use, including principal
dwelling unit short-term rentals connected to and forming
an integral part of the commercial building shall be permitted,
provided that access to the dwelling units or residential use,
including principal dwelling unit short-term rental is
separate from the access to the commercial portion of the
building, and no dwelling units, residential use, or principal
dwelling unit short-term rentals shall be permitted on the
ground floor (Amended by By-law 2022-76).
3)
Dwelling units, or any residential use, including principal
dwelling unit short-term rentals connected to and forming an
integral part of the commercial building shall be permitted,
provided that the floor area does not exceed that of the
commercial portion of the building, and that dwelling units, or
any residential use, including principal dwelling unit short-
term rentals are located above or at the rear of the building.
(Amended by By-law 2022-76)
4)
A residential building may be established and occupied provided
it is accessory to the main use. Only one single residential unit
will be permitted; it may be a single detached dwelling or
connected to and part of the primary building. A principal
dwelling unit short-term rental shall be permitted within the
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one established residential unit under this provision. (Amended
by By-law 2022-76)
5)
An Additional residential dwelling unit is not permitted
within a Commercial zone.
6)
principal dwelling unit short-term rentals are only permitted
when the existing applicable dwelling unit has a non-
conforming, legal status under the City's Zoning By-law.
(Amended by By-law 2022-76)
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Table 6C - Setbacks and Other Regulations:
Zone
Maximum
Lot
Coverage
Front
Yard
Setback
(m)
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Maximum
Building
Height
(Storeys)
Other
Provisions
C1
100%
0
0(1)(2)
3(3)(4)
3(10)(11)
N/A
C2
100%
0
0(1)(2)
3(3)(4)
(11)
N/A
C3
40%
21
7(6)
7(4)(5)
2
(6)(7)
C4
30%
7
7
7(4)
N/A
(6)(7)
C5
30%
6
4
10(8)
2.5
(7)
C6
40%
7
4(9)
7(4)
N/A
(7)
C6F
40%
6
2(1)(2)
7
N/A
(7)
C6L
40%
3
2(1)(2)
7
N/A
N/A
C7
35%
7
4
7
N/A
N/A
Special Provisions for Table 6C (Setbacks and Other Regulations):
1)
When a side lot line abuts a commercial or industrial zone, and
access is not available to the rear of the building by a lane,
then the setback shall be a minimum of 4m.
2)
When a side lot line abuts a residential, parkland, or open
space zone, then the setback shall not be less than half of the
height of the building or 6m, whichever is greater.
3)
When a rear lot line abuts a commercial or industrial zone and
no access is available to the rear of the building by a lane, then
the setback shall be a minimum of 6m.
4)
When a rear lot line abuts a residential, parkland or open
space zone, then the setback shall be a minimum of 10m.
5)
When the side lot line or rear lot line abuts a street, then
the setback shall be a minimum of 21m.
6)
The lands shall be in one ownership, or if in several ownerships,
all owners shall individually and jointly comply with the
regulations set forth herein.
7)
Parking spaces may be located ahead of the front yard
setback line, but in no case within 3m of a street line.
8)
In the case of a corner lot; the rear yard setback may then
be 7m.
9)
When a side lot line abuts a residential, parkland or open
space zone, or a street, then the setback shall be a minimum
of 7m.
10) Unless it is on a corner lot where Ferguson Street intersects
Oak, Main, or McIntyre Streets then the building height may
be 10 storeys. This applies to the south side of McIntyre street
only.
11) The minimum and maximum building heights in the C1 and C2
Zones shall be in accordance with Schedule F.
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Section 7 - Industrial Zones
7.1
Permitted Uses:
7.1.1
No person shall, within any industrial zone, use or permit or
casue the use of any land, or erect, alter, enlarge, use or
maintain any building or structure for any use other than as
permitted in Tables 7A and 7B of this section and in accordance
with the standards contained in Table 7C of this section. The
General Provisions in Section 3 of this By-law also must be met
unless otherwise stated.
7.1.2
Tables 7A and 7B outline uses that are permitted in an industrial
zone. Permitted uses are denoted by the symbol 'X' in the
column applicable to each zone and correspond with the
specified use identified in the row. A number in brackets
immediately following 'X' indicates that there are special
provisions regarding that use; these special provisions are listed
below the Table. Setback and other regulations are listed in
Table 7C.
7.1.3
The industrial zones are as follows:
Light Industrial
M1
General Industrial
M2
Heavy Industrial
M3
Restricted Industrial
M4
Industrial-Commercial
MC
Railway
MR
Industrial Business Park
MBP
Industrial Air Park - Airside
MAP-A
Industrial Air Park - Groundside
MAP-G
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Table 7A - Permitted Uses (Excluding Airport Zones MAP-A and MAP-
G):
Use
M1
M2
M3
M4
MC
MR
MBP
Automobile Sales,
Service, and Leasing
Establishments
X
X
Automobile Service
Station
X
X
X
X
Backlot
(Amended by By-law
No. 2023-90)
X
Body Shop
X
X
X
X
Brewery, Micro
(Amended by By-law
2022-31)
X
X
X(3)
X
Brewery,
Manufacturing
(Amended by By-law
2022-31)
X
X
X(3)
Builder's Supply
Yard
X
X
Bulk Sales
Establishment
X
X
X
X
Card lock Gas
Facility
X
Contractor's Yard
X
X
X
Convenience Store
X
Courier Distribution
Depot
X
X
X
X
Data Storage and
Processing Firm
X
X
X
Day Nursery
X
Distillery, Micro
(Amended by By-law
2022-31)
X
X
X(3)
X
Distillery,
Manufacturing
(Amended by By-law
2022-31)
X
X
X(3)
Exhibition Building
X
X
X
X
Farmer's Market
X
Financial Institution
X
X
Flea Market
X
Garden Centre
X
X
Gas Bar
X
Group Home Type 3
X
X
X
X
X
X
Industrial
Equipment Sales,
Service, and Leasing
Establishments
X
X
X
Home Improvement
Centre
X(1)
Hotel
X
Industrial Class 1
X
X
X(3)
Industrial Class 2
X
X(3)
Industrial Class 3
X
Kennel
X
Laboratory
X
X
X
X
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Use
M1
M2
M3
M4
MC
MR
MBP
Office, Corporate
Administrative
X
Pet Daycare Facility
X(2)
X(2)
X(2)
X(2)
Production Studio
(Amended by By-law
No. 2023-90)
X
X
X
X
Production Studio &
Backlot
(Amended by By-law
No. 2023-90)
X
X
Railway Lines and
Yards
X
Recreational Facility
X
X
X
Recreational Vehicle
Sales, Service, and
Leasing
Establishments
X
X
X
X
Recycling Centre
X
X
X
Restaurant
X
Salvage Yard
X
X
Self-Storage Use
X
X
X
Transportation
Terminal
X
X
X
Warehouse
X
X
X
X
Waste Transfer
Station
X
X
X
Wholesale Uses
X
X
X
X
X
X
Special Provisions for Table 7A (Permitted Uses):
1) A home improvement centre may have outside storage of lumber
and related building supplies associated with it provided that it is
shielded from view of adjacent properties through appropriate fencing
or structures.
2) May not be located within 100m of a residential zone.
3) Industrial Class 1 and Industrial Class 2 uses are permitted provided
that they do not require full municipal services and subject to an
agreement between the prospective industry and the City.
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Table 7B - Accessory Uses:
All uses in this table are only permitted as a secondary, accessory function
to another use that is permitted normally in the zone.
Use
M1
M2
M3
M4
MC
MR
MBP
Apartment
X(1)
X(1)
X(1)
X(1)
Buildings/Structures
for
maintenance/operation
of Railway Lines and
Yards
X
Convenience Store
X
Day Nursery
X
X
X
X
X
Office, Business
X
X
X
X
X
X
X
Restaurant
X
Special Provisions for Table 7B (Accessory Uses):
1)
One apartment unit within the main building is allowed for
use by an essential worker, owner/operator or caretaker.
2)
An additional residential dwelling unit is not permitted
within any Industrial Zone.
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Table 7C - Setback and Other Regulations for Industrial Properties:
Zone
Lot
Coverage
(maximum)
Front Yard
Setback(m)
Side Yard
Setback(m)
Rear Yard
Setback(m)
Other
Provisions
M1
50%
7
4.5(1)(2)
12(2)(3)
(4)(6)
M2
50%
15
4.5(1)(2)
12(2)(3)
(5)(6)
M3
70%
15
4.5(1)(2)
12(2)(3)
(5)(6)
M4
50%
15
4.5(1)(2)
12(2)(3)
(5)(6)
MC
40%
15
4.5(1)
7
(4)(6)
MBP
50%
15
4.5(1)
12
(4)(6)(7)
Special Provisions for Table 7C (Setback and Other Regulations):
1)
Except where a side lot line abuts a street or a residential,
parkland, or open space zone then the setback shall be 9m.
2)
Except where the lot line abuts a railway, then the setback
shall be 0.
3)
Except where a rear lot line abuts a street or a residential,
parkland, or open space zone then the setback shall be 15m.
4)
All permitted uses shall be conducted within an enclosed
building and no outside storage is permitted.
5)
Outside storage shall be permitted in the rear yard or side
yard but not the front yard and shall be enclosed by adequate
screening in the form of landscaping or fencing to a height of at
least 2.5m but not greater than the height of the first storey of
the main building.
6)
No loading space shall be located in, or open onto, any side
yard adjacent to, or abutting, a residential zone.
7)
Landscaping considerations:
i.
A strip of land at least 3m in width along the lot frontage
shall be adequately landscaped.
ii.
A strip of land at least 1.5m in width along the side lot lines
and adjacent to residential zones shall be adequately
landscaped.
iii.
Exterior lighting and illuminated signs shall be arranged to
face away from any adjacent residential zones.
8)
Backlot or production studio & backlot uses:
i.
Shall require a minimum setback of 30m from all lot lines.
ii.
No parking or outside storage is permitted within 30m of
any lot line in any yard.
iii.
No outside storage is permitted within 30m of any lot line
in the side or rear yard. No outside storage is permitted
within the front yard. All outside storage shall be screened
in the form of landscaping or fencing, to a height of at least
2.5m.
iv.
Landscaping:
a) a strip of land at least 3m in width along the lot frontage
shall be adequately landscaped.
b) The 30m required setback shall be landscaped in a
manner that creates both a visual and noise buffer to
adjacent properties, including a variety of trees, shrubs,
and hedges.
c) All exterior lighting and illuminated signs shall be
arranged to face away from adjacent residential, rural,
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and open space zones and in all cases arranged as to
direct the light away from adjacent lots. (Amended by
By-law No. 2023-90)
7.2
Industrial Air Park - Airside (MAP-A) Zone
7.2.1
No land, building or structure shall be erected or used, or
permitted or caused to be erected or used in any Industrial Air
Park - Airside (MAP-A) zone, except for one or more of the
following permitted uses:
- Aerial forest fire fighting facilities;
- Aeronautical instructional services;
- Aeronautical research and development facilities;
- Air ambulance base;
- Air cargo warehousing, distribution and transfer stations;
- Air carrier services;
- Air couriers;
- Aircraft engine manufacturing, assembly, repair and
maintenance;
- Aircraft manufacturing, assembly, repair and maintenance;
- Aircraft original equipment manufacturing;
- Air taxi service;
- Air terminal including control towers and refuelling depots;
- Banner towing base;
- Colleges and universities and accessory residential uses
ancillary to the primary aeronautical uses;
- Corporate administrative offices;
- Exhibition building;
- Fixed wing base operations;
- Helicopter related base operations and training facilities;
- Flight training facilities;
- Public and private aeronautical recreational uses;
- Public and private hangars; and
- Sale, servicing and leasing of aircraft.
7.2.2
The following accessory uses shall be permitted in a MAP-A
zone:
- Accessory office and business establishments;
- Accessory day nursery;
- Accessory convenience stores;
- Accessory restaurants; and
- Accessory car rental agency.
7.2.3
In addition to the above uses, the following complementary and
accessory uses are also permitted in a MAP-A when intended to
provide a service to, or when ancillary to, the airport business
park:
-Fuelling services
-Outside storage; and
-Vehicle repair and maintenance.
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7.3
Industrial Air Park - Groundside (MAP-G) Zone
7.3.1
No land, building or structure shall be erected or used, or
permitted or caused to be erected or used in any Industrial Air
Park - Groundside (MAP-G) zone, except for one or more of the
following permitted uses:
- The use of land, building or structure designed for the
purpose of manufacturing, assembling, processing, preparing,
inspecting or ornamenting, finishing, treating, altering,
repairing, warehousing, storing or adapting for sale any goods,
substances or things, where the operations do not involve the
emission of air or water pollutants that exceed the standards
set by the appropriate Provincial Regulatory Authority. This
does not include refineries, mills, foundries, chemical plants or
similar heavy industries. It also does not include a mine, pit,
quarry or oil wells;
- Colleges and universities and accessory residential uses
ancillary to the primary aeronautical uses;
- Corporate administrative offices;
- Data storage and processing firm and other compatible
information computer technology uses;
- Exhibition building;
- Industrial equipment sales, service and storage which is
ancillary to manufacturing airside or groundside uses;
- Metal fabrication and machining;
- Physical testing laboratories;
- Research and development facilities;
- Transportation and communications terminals; and
- Warehouse and storage uses.
7.3.2
The following accessory uses shall be permitted in a MAP-G:
- Accessory office and business establishments;
- Accessory day nursery;
- Accessory convenience stores;
- Accessory restaurants; and
- Accessory car rental agency.
7.3.3
In addition to the above uses, the following complementary and
accessory uses are also permitted in a MAP-G zone when
intended to provide a service to, or when ancillary to, the airport
business park:
- Fuelling services;
- Outside storage; and
- Vehicle repair and maintenance.
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7.4
Regulations
7.4.1
In an Industrial Air Park - Airside (MAP-A) zone or an Industrial
Air Park - Groundside (MAP-G) zone, no building, structure or
land shall be used, or permitted or caused to be used, and no
building or structure shall be hereafter erected or altered, or
permitted or caused to be erected or altered, except in
accordance with the provisions of the North Bay Airport Zoning
Regulations, C.R.C., c.99 under the Aeronautics Act R.S.C. 1985,
c. A-2 and, further, in accordance with the provisions of Sections
3, 7.2 and 7.3 contained herein and the following regulations:
Table 7D- Setback and Other Regulations for Industrial Air Park
Properties:
Zone
Maximum
Lot
Coverage
Front
Yard
Setback
(m)
Side Yard
Setback
(m)
Exterior
Side Yard
Setback
(m)
Rear
Yard
Setback
(m)
Other
Provisions
MAP-A
75%
10.5
3(1)(2)
3(1)(2)
10.5(2)
(3)(4)(5)
(6)(7)
MAP-G
50%
10.5
3(1)
3(1)
10.5
(3)(4)(5)
(6)(7)
Special Provisions for Table 7D (Setbacks and Other Regulations):
1)
Except where a side lot line abuts a residential, parkland or
open space zone or a street then the setback shall be 7.6m.
2)
Except where the lot line abuts a taxiway or runway, then the
setback shall be 0.
3)
There shall be no loading spaces in, or opening onto, any side
yard that fronts on a street opposite to, or directly abuts a
residential or rural zone.
4)
A strip of land 1.5m in width along any lot line abutting or
adjacent to a residential or rural zone shall be adequately
landscaped.
5)
Exterior lights and illuminated signs shall be arranged so as to
direct light away from any adjacent residential or rural zone.
6)
Where part of the use permitted under Table 7C and 7D is
carried on outside a building, that part of the operation shall
not be conducted in the front yard and shall be enclosed by
adequate screening in the form of landscaping or fencing to a
height of not less than 2.5m and not greater than the height of
the first storey of the main building on the property. For
certainty the North Bay Airport Zoning Regulations are
specifically deemed to apply to the airport runway and taxiways,
so as to limit the height of buildings adjacent thereto.
7)
Notwithstanding all other provisions and standards of this By-
law, no permanent building or structure may be located within
7m of the pipeline right-of-way. Accessory structures shall
have a minimum setback of at least 3m from the limit of the
right-of-way. No building or structure is permitted within 3m
of the right-of-way. This does not apply to hydro corridor
lands.
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Section 8 - Open Space And Parkland Zones
8.1
Permitted Uses:
8.1.1
No person shall, within any open space or parkland zone, use
or permit or cause the use of any land, or erect, alter, enlarge,
use or maintain any building or structure for any use other
than as permitted in Table 8A of this section and in accordance
with the standards contained in Table 8B of this section. The
General Provisions in Section 3 of this By-law also must be met
unless otherwise stated.
8.1.2
Table 8A of this section outlines uses that are permitted in open
space and parkland zones. Permitted uses are denoted by the
symbol 'X' in the column applicable to each zone and
correspond with the specified use identified in the row. A
number in brackets immediately following 'X' indicates that there
are special provisions regarding that use; these special
provisions are listed below the Table.
8.1.3
The open space and parkland zones are as follows:
Parkland
P
Open Space
O
Floodway
O1
Floodplain and Erosion
O2
Table 8A - Permitted Uses:
Use
P
O
O1
O2
Cemetery
X
Conservation Area
X
X
Golf Course
X
Library, Museum, or
Art Gallery
X
X
Limited Agricultural
X
X
Marina
X
X
Parking Area
X
X
X
Park, Public
X
X
X
X
Recreational Facility
X
X
Recreational Facility,
Public Authority
X
X
Recreational Facility,
Rural
X
X
Accessory Buildings or
Structures
X
X
X
Restaurant
X(1)
X(1)
Retail, Local
X(1)
X(1)
Special Provisions for Table 8A (Permitted Uses):
1)
These uses are to be considered accessory uses to the
main use and shall only be permitted within the "Central
Waterfront Character Area" as defined on Schedule 12B to
the City of North Bay's Official Plan.
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Table 8B - Setbacks and Other Regulations:
Zone
Maximum
Lot
Coverage
Minimum
Lot Area
or
Frontage
Front Yard
Setback
(m)
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Other
Provisions
P
10%(2)
N/A
7.6
7.6
7.6
(1)
O
10% (2)
N/A
7.6
7.6
7.6
(1)
O1
N/A
N/A
N/A
N/A
N/A
(1)
O2
10%
N/A
7.6
7.6
7.6
(1)
Special Provisions for Table 8B (Setbacks and Other Regulations):
1)
Accessory buildings and structures shall adhere to the zone
setbacks of the primary use.
2)
The maximum lot coverage may be 50% when the primary
use is a recreational facility or recreational facility, public
authority.
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Section 9 - Institutional Zones
9.1
Permitted Uses
9.1.1
No person shall, within any institutional zone, use or permit or
cause the use of any land, or erect, alter, enlarge, use or
maintain any building or structure for any use other than as
permitted in Table 9A of this section and in accordance with the
standards and regulations listed within. The General Provisions in
Section 3 of this By-law also must be met unless otherwise
stated.
9.1.2
The institutional zones are as follows:
General Institutional
N.
Table 9A - Institutional Zone Permitted Uses:
Use
Minimum
Lot Area
(ha)
Maximum
Lot
Coverage
Minimum
Lot
Frontage
(m)
Front,
Side, and
Rear Yard
Setbacks
(m)
Other
Provisions
Boarding,
Lodging or
Rooming
House
N/A
50%
N/A
7.5
(1)
Cemetery
N/A
10%
N/A
7.5
(1)
Day Nursery
N/A
50%
N/A
7.5
(1)
Exhibition
Building
N/A
50%
N/A
7.5
(1)(2)(3)
Government
Lands and
Buildings
N/A
50%
N/A
7.5
(1)(2)(3)
Group Home
Type 2
N/A
50%
N/A
7.5
(1)
Group Home
Type 3
N/A
50%
N/A
7.5
(1)
Hospice
N/A
50%
N/A
7.5
(1)
Hospital
N/A
50%
N/A
7.5
(1)(2)(3)
Library,
Museum, or
Art Gallery
N/A
50%
N/A
7.5
(1)(2)(3)
Places of
Worship
N/A
50%
N/A
7.5
(1)
Post-
Secondary
Institution
N/A
50%
N/A
7.5
(1)(2)(3)
Prison
N/A
50%
N/A
7.5
(1)(2)
Public
Authority
operated
buildings and
lands
N/A
50%
N/A
7.5
(1)(2)
Retirement
Home
N/A
50%
N/A
7.5
(1)(2)(3)
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Use
Minimum
Lot Area
(ha)
Maximum
Lot
Coverage
Minimum
Lot
Frontage
(m)
Front,
Side, and
Rear Yard
Setbacks
(m)
Other
Provisions
School,
Public and
Private
N/A
50%
N/A
7.5
(1)(2)
Solar Farm
N/A
50%
N/A
7.5
(1)
Special Provisions for Table 9A (Institutional Zone Permitted Uses):
1)
A building accessory to the primary permitted use shall be
allowed, provided that it has a setback of 7.5m from any lot
line.
2)
A restaurant shall be permitted as an accessory use within
the main building of the primary permitted use.
3)
A retail use shall be permitted as an accessory use within the
main building of the primary permitted use.
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Section 10 - Rural Zones
10.1 Permitted Uses
10.1.1
No person shall, within any rural zone, use or permit or cause
the use of any land, or erect, alter, enlarge, use or maintain
any building or structure for any use other than as permitted
in Tables 10A - 10D of this section and following all regulations
stated within. Accessory buildings, structures and uses shall
adhere to the same standard zone regulations as the primary
use in the zone, unless otherwise stated. The General
Provisions in Section 3 of this By-law also must be met unless
otherwise specified.
10.1.2
Tables 10A and 10D of this section outline non-residential and
accessory uses, respectively, that are permitted in a rural
zone. Permitted uses are denoted by the symbol 'X' in the
column applicable to each zone and correspond with the
specified use identified in the row. Residential Uses permitted
are listed in Table 10C of this section beside the corresponding
zone along with the associated regulations. A number in
brackets immediately following indicates that there are special
provisions regarding that use; these special provisions are listed
below the Table. Table 10B and 10C of this section list setbacks
and other regulations that shall be required.
10.1.3
The rural zones are as follows:
Rural General
A
Rural Residential Lakefront
RRL
Rural Residential Estate
RRE
Rural Extractive Industrial
RME
Rural Commercial
RC
Rural Marine Commercial
RMC
Rural Institutional
RN.
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Table 10A - Permitted Non-Residential Uses:
Use
A
RRL
RRE
RME
RC
RMC
RN
Adult Entertainment
Parlour
X(1)
Asphalt/Concrete
Plant
X(2)
Automobile Service
Station
X
Backlot
(Amended by By-law
No. 2023-90)
X
Cemetery
X
X
Commercial
Agricultural Uses
X
Conservation Area
X
Day Nursery
X
Golf Course
X
Group Home Type 1
X
X
X
X
Group Home Type 2
X
Group Home Type 3
X
Hobby Farm
X(3)
Hotel
X
Kennel
X
X
Library, Museum or
Art Gallery
X
Marina
X
Non-Profit Use
X
X
Park, Public
X
X
Pit
X(2)
Place of Worship
X
Production Studio
(Amended by By-law
No. 2023-90)
X
Production Studio &
Backlot
(Amended by By-law
No. 2023-90)
X
Quarry
X(2)
Recreational
Facility, Rural
X
X
X
Restaurant
X
X(4)
Retail Store, Local
X
X(4)
Retirement Home
X
School, Public or
Private
X
Solar Farm
X
X
X
Tourist Cabin
X
Veterinary
Establishments
X
Wind Farm
X
Special Provisions for Table 10A (Permitted Non-Residential Uses):
1)
An adult entertainment parlour shall be located no closer
than 150m from a highway or local street, 500m from any
residential, institutional, or open space zones, and 2000m from
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any other adult entertainment parlour.
2)
This also permits any buildings, structures, or equipment that
are directly used in the extraction of sand, gravel, stone, and
other general aggregates.
3)
Shall be permitted only as an accessory use to a residential
use.
4)
Shall be permitted as an accessory use to the primary use.
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Table 10B - Permitted Non-Residential Uses and Regulations:
Zone
Use
Minimum
Lot Area
(ha)
Maximum
Lot
Coverage
Minimum
Lot
Frontage
(m)
Front Yard
Setback
(m)
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Maximum
Building
Height (m)
Other
Provisions
A
Cemeteries
N/A
10%
N/A
N/A
N/A
N/A
N/A
(9)
A
Commercial
Agricultural
Uses
10
15%
75
30
30
30
N/A
(1)(9)
A
Conservation
Area
0.14
15%
30
15
7.5
15
N/A
(9)
A
Golf Course
N/A
10%
N/A
30
30
30
N/A
(9)
A
Hobby Farm
2
15%
60
45
15
30
N/A
(9)
A
Kennel
5
10%
60
30
45
45
N/A
(9)
A
Recreational
Facility, Rural
1.6
15%
75
15
7.5
15
N/A
(9)
A
Solar Farm
10
80%(2)
75
30
30
30
N/A
(9)
A
Wind Farm
25
5%
75
250(3)
250(3)
250(3)
N/A
(9)
RRL
All Permitted Uses
0.8
10%(4)
60
32
6(5)
12(5)
10.5
(9)
RRE
All Permitted Uses
1.2
5%
60
15
15
15
10.5
(9)
RME
All Permitted Uses
10
40%
200
60
60
60
N/A
(6)(9)
RC
All Permitted Uses
0.8
15%
75
15
15
15
10.5
(7)(9)
RMC
All Permitted Uses
0.4
50%
60
10.5
7.5
10.5
10.5
(8)(9)
RN
All Permitted Uses
0.4
15%
60
15
7.5
15
10.5
(9)
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Special Provisions for Table 10B (Non-Residential Uses and Regulations):
1)
A commercial agriculture use shall not be located closer than 32m to any lot line or inflowing watercourse to Trout Lake or
Lake Nipissing, or closer than 90m to any existing dwelling unit on an adjoining lot or to any rural or urban residential zone.
2)
Only 10% of the lot coverage may be taken up by buildings or other structures that are not solar energy producing
structures.
3)
250m shall be the setback from any dwelling unit or lot line per wind turbine that is part of the wind farm.
4)
10% lot coverage includes the main building as well as all accessory structures, porches, and covered decks.
5)
If the lot has a shoreline on another side besides the front yard then the setback shall always be 30m from the shoreline.
6)
A strip of land at least 7.5m in width along the property line shall be adequately landscaped to create a buffer zone.
7)
Limited outside storage is permitted in the front yard only for the purpose of displaying goods for sale by the owner, excluding
a flea market.
8)
Outside storage shall be permitted only for the purpose of storing or parking watercraft and associated trailers, provided that
the area used for storage is adequately screened and does not impact the visual amenities of the surrounding area.
9)
An additional residential dwelling unit is not permitted within a non-residential use.
10)
Backlot or production studio & backlot uses:
i.
Shall require a minimum setback of 30m from all lot lines.
ii.
No parking or outside storage is permitted within 30m of any lot line in any yard.
iii.
No outside storage is permitted within 30m of any lot line in the side or rear yard. No outside storage is permitted
within the front yard. All outside storage shall be screened in the form of landscaping or fencing, to a height of at least
2.5m.
iv.
Landscaping:
a) A strip of land at least 3m along the lot frontage shall be adequately landscaped.
b) The 30m required setback shall be landscaped in a manner that creates both a visual and noise buffer to adjacent
properties, including a variety of trees, shrubs, and hedges.
c) All exterior lighting and illuminated signs shall be arranged to face away from adjacent residential, rural, and open
space zones and in all cases arranged as to direct the light away from adjacent lots (Amended by By-law No. 2023-90).
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Table 10C - Permitted Residential Uses and Regulations Table:
Zone
Use
Minimum
Lot Area
(ha)
Maximum
Lot
Coverage
Frontage
(m)
Front Yard
Setback
(m)
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Maximum
Height (m)
Other
Provisions
A
Single Detached
Dwelling
0.8
30%
60(1)
15
7.5
15
10.5
N/A
A
Additional Rural
Residential
Dwelling Unit
0.8
30%
60(1)
15
7.5
15
10.5
(8)
A
Principal Dwelling
Unit Short-Term
Rental
0.8
30%
60(1)
15
7.5
15
10.5
(7)
A
Single Detached
Dwelling - Trout
Lake Influence
Area Overlay
0.8
10%(2)
60(1)
32
6
12
10.5
(1)(3)
A
Principal Dwelling
Unit Short-Term
Rental
0.8
10%(2)
60(1)
32
6
12
10.5
(3)(7)
RRL
Single Detached
Dwelling
0.8
10%(2)
60(1)
32
6(4)
12(4)
10.5
(1)(3)
RRL
Bed and Breakfast
0.8
10%(2)
60(1)
32
6(4)
12(4)
10.5
(1)(3)
RRL
Principal Dwelling
Unit Short Term
Rental
0.8
10%(2)
60(1)
32
6(4)
12(4)
10.5
(1)(3)(7)
RRE
Single Detached
Dwelling
0.8
30%
60
15
7.5
15
10.5
N/A
RRE
Bed and Breakfast
1.2
30%
60
15
7.5
15
10.5
N/A
RRE
Principal Dwelling
Unit Short-Term
0.8
30%
60
15
7.5
15
10.5
(7)
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Zone
Use
Minimum
Lot Area
(ha)
Maximum
Lot
Coverage
Frontage
(m)
Front Yard
Setback
(m)
Side Yard
Setback
(m)
Rear Yard
Setback
(m)
Maximum
Height (m)
Other
Provisions
Rental
RC
Accessory
Dwelling Unit
0.8
15%
75
15
15
15
10.5
(5)
RC
Bed and Breakfast
0.8
15%
75
15
15
15
10.5
(5)
RC
Principal Dwelling
Unit Short-Term
Rental
0.8
15%
75
15
15
15
10.5
(7)
RMC
Accessory
Dwelling Unit
0.4
50%
60
10.5
7.5
10.5
10.5
(6)
RN
Accessory
Dwelling Unit
0.4
15%
60
15
7.5
15
10.5
(5)
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Special Provisions for Table 10C (Residential Uses and Regulations Table):
1)
For lots within the Trout Lake Influence Area Overlay, as identified on Schedule 'E' of this By-law, a vegetative buffer zone
shall be maintained within 30m of the boundaries of the water's edge of Trout Lake and its major inflowing streams. This shall be
done in a way to minimize the impact of the waterbody from adjacent uses and maintained the natural characteristic of the
shoreline as much as possible and shall be to the satisfaction of the municipality.
2)
10% lot coverage includes the main building as well as all accessory structures, however does not include any part of the
sewage disposal system.
3)
Pursuant to the Planning Act no person shall have a building or structure, unless it contains no openings to the building or
structure, such as a door, window, vent, passageway or any other opening, below the Canadian Geodetic Datum elevation of
202.69m.
4)
If the lot has a shoreline on another side besides the front yard then the setback shall always be 30m from the shoreline.
5)
A maximum of one accessory dwelling unit may be attached to, or within, the primary building or may be a single
detached unit that is for the sole use of an essential worker, caretaker, or the owner/operator.
6)
A maximum of one accessory dwelling unit may be located within the main building and shall be permitted for use by an
essential worker, caretaker, or owner/operator.
7)
Principal Dwelling Unit Short-Term Rentals must provide a valid permit of record from the North Bay-Mattawa Conservation
Authority for septic systems, if applicable and that will support the short-term rental premises. (Amended by By-law 2022-76)
8)
Additional Rural Residential Dwelling Units located in an accessory structure will be required to follow the regulations in
Section 3.20.2.5 and Special Provisions for Table 10D (Accessory Buildings, Structures and Uses).
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Table 10D - Accessory Buildings, Structures and Uses:
Accessory Use
A
RRL
RRE
RME
RC
RMC
RN
Boathouse,
Boat Port
X(1)
(2)
X(1)
(2)
Building or
Structure
X(3)
(4)
X(4)
(5)
X(3)
(4)(5)
X
X(3)
X(6)
X(3)
(7)(8)
Home Based
Business
X
X
X
Additional
Residential
Rural Dwelling
Units
X
(3)(4)
(5)
X(3)
(4)(5)
Sleep Cabin
X
X
Special Provisions for Table 10D (Accessory Buildings, Structures
and Uses):
1)
A boathouse or boat port shall be permitted to be built on the
front lot line and shall not exceed 1 storey in height or contain a
rooftop deck.
2)
No boathouse or boat port shall exceed 10m in width or 30%
of the frontage of the property in width, whichever is the lesser.
3)
No accessory building or structure may exceed 6m in height.
4)
No accessory building shall be built closer than 3m to any side
or rear lot line. [amended by By-law 2016-25]
5)
No accessory building may be built closer than 3m to any
single detached dwelling.
6)
No accessory building shall be located closer than 7.5m to the
main building.
7)
No accessory building shall be built closer than 3m to any side
lot line.
8)
No accessory building shall be located closer than 3m to the
main building.
9)
An accessory building is permitted within the front yard
provided it complies with the front yard setback of the main use.