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TOWNSHIP OF NORTH KAWARTHA
COMPREHENSIVE ZONING BY-LAW
By-law 26-2013
Passed March 5, 2013
Updated March 13, 2014
Updated August 19, 2014 (By-law 2014-81)
Updated March 20, 2018 (By-law 2018-25)
Consolidated July 2020
The Corporation of the Township of North Kawartha
By-Law #26-2013
A by-law to regulate the use of lands and the character, location and use of
buildings and structures in the Township of North Kawartha.
Whereas the Planning Act provides that the council of a municipal
corporation may pass by-laws to regulate the use of lands and the
character, location and use of buildings and structures;
Now Therefore the Council of the Corporation of the Township of North
Kawartha Enacts as follows:
Table of Contents
SECTION 1 - INTRODUCTION ......................................................................................... 1
1.1
TITLE OF BY-LAW ................................................................................................ 1
1.2
SCOPE OF BY-LAW .............................................................................................. 1
1.3
INTERPRETATION OF BY-LAW ............................................................................. 3
1.4
SCHEDULES TO BY-LAW ...................................................................................... 5
SECTION 2 - DEFINITIONS.............................................................................................. 6
SECTION 3 - GENERAL PROVISIONS..............................................................................37
3.1
ACCESSORY USES, BUILDINGS AND STRUCTURES ...............................................37
3.2
FRONTAGE REGULATIONS .................................................................................42
3.3
CONSTRUCTION USES ........................................................................................42
3.4
DELIVERY SPACE REGULATIONS .........................................................................42
3.5
DWELLING UNITS...............................................................................................43
3.6
FLOODPLAIN......................................................................................................44
3.7
GRAVEL PITS AND STONE QUARRIES ..................................................................44
3.8
GROUP HOMES .................................................................................................44
3.9
HEIGHT EXCEPTIONS..........................................................................................44
3.10
HOME INDUSTRIES ............................................................................................45
3.11
HOME OCCUPATIONS ........................................................................................46
3.12
ILLUMINATION ..................................................................................................47
3.13
KENNELS............................................................................................................47
3.14
LOADING SPACE REGULATIONS .........................................................................47
3.15
LOTS CONTAINING MORE THAN ONE USE..........................................................48
3.16
LOTS DIVIDED INTO MORE THAN ONE ZONE ......................................................48
3.17
MINIMUM DISTANCE SEPARATION REQUIREMENTS ..........................................49
3.18
NON-COMPLYING BUILDINGS, STRUCTURES AND LOTS .....................................49
3.19
NON-CONFORMING BUILDINGS AND STRUCTURES ............................................51
3.20
NOXIOUS USES ..................................................................................................52
3.21
PARKING AREA REGULATIONS ...........................................................................52
3.22
PLANTING STRIPS ..............................................................................................54
3.23
PUBLIC USES ......................................................................................................54
3.24
RENEWABLE ENERGY SYSTEMS ..........................................................................55
3.25
TRUCK, BUS, COACH BODIES AND SHIPPING CONTAINERS .................................55
3.26
SIGHT TRIANGLES ..............................................................................................55
3.27
SECOND DWELLING UNITS .................................................................................56
3.28
STREET SETBACKS ..............................................................................................57
3.29
TOURIST VEHICLES AND MOBILE HOMES ...........................................................57
3.30
WATER SETBACKS ..............................................................................................58
3.31
PROVINCIALLY SIGNIFICANT WETLANDS ............................................................59
SECTION 4 - HAMLET RESIDENTIAL (HR) ......................................................................60
4.1
USES PERMITTED ...............................................................................................60
4.2
ZONE PROVISIONS .............................................................................................60
SECTION 4.5 - GENERAL RESIDENTIAL ZONE (R) ...........................................................63
USES PERMITTED ...........................................................................................63
ZONE PROVISIONS .........................................................................................63
R-1 ZONE .......................................................................................................64
R-2 ZONE .......................................................................................................64
R-3 ZONE .......................................................................................................65
R-4 ZONE .......................................................................................................65
R-5 ZONE .......................................................................................................65
R-6 ZONE .......................................................................................................66
SECTION 5 - RURAL RESIDENTIAL ZONE (RR) ................................................................67
5.1
USES PERMITTED ...............................................................................................67
5.2
ZONE PROVISIONS .............................................................................................67
5.3
RR-1 ZONE .........................................................................................................68
5.4
RR-2 ZONE .........................................................................................................69
5.5
RR-3 ZONE .........................................................................................................69
5.6
RR-4 ZONE .........................................................................................................69
5.7
RR-5 ZONE .........................................................................................................69
SECTION 6 - SHORELINE RESIDENTIAL ZONE (SR) .........................................................70
6.1
USES PERMITTED ...............................................................................................70
6.2
ZONE PROVISIONS .............................................................................................70
6.3
SR-1 ZONES .......................................................................................................72
6.4
SR-2 ZONES .......................................................................................................73
6.5
SR-3 ZONES .......................................................................................................74
6.6
SR-4 ZONES .......................................................................................................74
6.7
SR-5 ZONES .......................................................................................................74
6.8
SR-6 ZONE .........................................................................................................75
6.9
SR-7 ZONE .........................................................................................................76
6.10
SR-8 ZONE .........................................................................................................76
6.11
SR-9 ZONE .........................................................................................................77
6.12
SR-10 ZONE .......................................................................................................77
6.13
Shoreline Residential Exception (SR-81) Zone ....................................................77
SECTION 7 - SHORELINE RESIDENTIAL ISLAND ZONE (SRI) ...........................................79
7.1
USES PERMITTED ...............................................................................................79
7.2
ZONE PROVISIONS .............................................................................................79
SECTION 8 - INSTITUTIONAL ZONES (I) .........................................................................82
8.1
USES PERMITTED ...............................................................................................82
8.2
ZONE PROVISIONS .............................................................................................82
SECTION 9 - GENERAL COMMERCIAL ZONE (C) ............................................................86
9.1
USES PERMITTED ...............................................................................................86
9.2
ZONE PROVISIONS .............................................................................................86
9.3
C-1 ZONES .........................................................................................................89
9.4
C-2 ZONE ...........................................................................................................89
9.5
C-3 ZONES .........................................................................................................90
9.6
C-4 ZONE ...........................................................................................................90
9.7
C-5 ZONES .........................................................................................................90
9.8
C-6 ZONES .........................................................................................................90
9.9
C-7 ZONE ...........................................................................................................90
SECTION 10 - SERVICE COMMERCIAL ZONE (CH)..........................................................92
10.1
USES PERMITTED ...............................................................................................92
10.2
ZONE PROVISIONS .............................................................................................92
10.3
CH-1 ZONES .......................................................................................................96
10.4
CH-2 ZONE (MEHARG STORAGE)........................................................................96
10.5
CH-3 ZONE.........................................................................................................98
10.6
CH-4 ZONE.........................................................................................................98
10.7
CH-5 ZONE.........................................................................................................98
10.8
CH-6 ZONE.........................................................................................................98
10.9
CH-7 ZONE.........................................................................................................98
10.10
CH-8 ZONE .....................................................................................................99
10.11
CH-9 ZONE .....................................................................................................99
SECTION 11 - SHORELINE COMMERCIAL ZONE (CS) ...................................................100
11.1
USES PERMITTED .............................................................................................100
11.2
ZONE PROVISIONS ...........................................................................................100
11.3
CS-1 ZONE .......................................................................................................104
11.4
CS-2 ZONE .......................................................................................................104
11.5
CS-3 ZONE .......................................................................................................104
SECTION 12 - GENERAL INDUSTRIAL ZONE (M) ..........................................................107
12.1
USES PERMITTED .............................................................................................107
12.2
ZONE PROVISIONS ...........................................................................................107
12.3
M-1 ZONES ......................................................................................................110
12.4
M-2 ZONE ........................................................................................................110
12.5
M-3 ZONE ........................................................................................................111
SECTION 13 - AGGREGATE RESOURCE ZONE (MA) .....................................................112
13.1
USES PERMITTED .............................................................................................112
13.2
ZONE PROVISIONS ...........................................................................................112
SECTION 14 - DISPOSAL INDUSTRIAL ZONE (MD) .......................................................115
14.1
USES PERMITTED .............................................................................................115
14.2
ZONE PROVISIONS ...........................................................................................115
SECTION 15 - MAJOR RECREATION OPEN SPACE ZONE (OS) ......................................118
15.1
USES PERMITTED .............................................................................................118
15.2
ZONE PROVISIONS ...........................................................................................118
SECTION 16 - ENVIRONMENTAL CONSTRAINT ZONE (EC) ..........................................120
16.1
USES PERMITTED .............................................................................................120
16.2
ZONE PROVISIONS ...........................................................................................120
SECTION 17 - RURAL ZONE (RU) .................................................................................121
17.1
USES PERMITTED .............................................................................................121
17.2
ZONE PROVISIONS ...........................................................................................121
17.3
RU-1 ZONES .....................................................................................................123
17.4
RU-2 ZONE ......................................................................................................124
17.5
RU-3 ZONE ......................................................................................................124
17.6
RU-4 ZONES .....................................................................................................124
17.7
RU-6 ZONE ......................................................................................................124
17.8
RU-8 ZONE ......................................................................................................125
17.9
RU-9 ZONE ......................................................................................................125
17.10
RU-11 ZONE .................................................................................................125
SECTION 18 - CROWN LAND ZONE (CL) ......................................................................127
18.1
USES PERMITTED .............................................................................................127
18.2
ZONE PROVISIONS ...........................................................................................127
SECTION
18B - PROVINCIALLY SIGNIFICANT WETLAND (PSW) ZONE .....................129
SECTION 19 - LAKE ZONE (L) .......................................................................................130
19.1
USES PERMITTED .............................................................................................130
19.2
ZONE PROVISIONS ...........................................................................................130
SECTION 20 - SPECIAL DISTRICT ZONE ........................................................................131
SECTION 21 - ADMINISTRATION ................................................................................132
21.1
ZONING ADMINISTRATOR ...............................................................................132
21.2
APPLICATION FOR BUILDING PERMITS .............................................................132
21.3
ISSUANCE OF BUILDING PERMITS ....................................................................132
21.4
CERTIFICATE OF OCCUPANCY ..........................................................................132
21.5
REQUESTS FOR AMENDMENTS ........................................................................133
21.6
INSPECTION .....................................................................................................133
21.7
REMEDIES........................................................................................................133
21.8
VIOLATION AND PENALTY ................................................................................133
21.9
VALIDITY..........................................................................................................134
21.10
APPROVAL ...................................................................................................134
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SECTION 1 - INTRODUCTION
This By-law may be cited as the "The Zoning By-law of the Township
of North Kawartha".
(a)
Official Plan
The preservation of naturally - vegetated shoreline is
encouraged in order to minimize destruction to the shoreline
and wet beach habitat, minimize visual impact on the water
body, maintain wildlife habitats and corridors and improve
water quality.
(b)
Vision
The North Kawartha vision is of a place where water, wild life
habitat, natural beauty, recreational opportunities and peace
and tranquility are improved and conserved in perpetuity for
all human and wildlife generations to come.
(c)
Planning
Good planning includes both a building plan and a vegetation
inventory.
(d)
Building Permit
A building permit is required for all renovations/
enlargements/ new construction
(e)
Lands Subject to By-law:
The provisions of this By-law shall apply to all lands within the
corporate limits of the Township of North Kawartha comprised
of the Anstruther, Burleigh and Chandos Wards including
lands covered by water. The provisions of this by-law shall not
apply to those lands which are under the jurisdiction of Ontario
Parks and Parks Canada. For clarity, privately owned lands
and municipal lands within Ontario Parks continue to be
regulated by this By-law.
(f)
Provincial Lakes and Waterbodies
All lakes and waterbodies within Ontario Parks are identified
for information purposes only as Park Lakes (PL) on the
schedules attached to and forming part of this by-law. Park
Lakes include those within Kawartha Highlands Provincial
Park which maintain private shoreline ownership, specifically
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including Anstruther, Loon Call, Wolf, Long, Buzzard, Loucks,
Crab, Cox and Cold Lakes. In addition, Park Lakes include
numerous smaller lakes within Kawartha Highlands Provincial
Park and Petroglyph Provincial Park. Within the Park Lakes,
the provisions of this by-law shall not apply. For information
regarding permitting requirements within Park Lakes,
enquiries are to be directed to Ontario Parks.
(g)
Federal Lakes and Waterbodies
All lakes and waterbodies under the jurisdiction of Parks
Canada are identified for information purposes only as
Federal Lakes (FL) on the schedules attached to and forming
part of this by-law. Federal Lakes include the portion of Stoney
Lake which is within the Township boundaries. Within the
Federal Lakes, the provisions of this by-law shall not apply.
For information regarding permitted requirements within
Federal Lakes, enquiries are to be directed to Parks Canada.
(h)
Conformity with By-law:
No building or structure shall hereafter be erected or
altered nor shall the use of any building, structure or lot
hereafter be changed, in whole or in part, except in conformity
with the provisions of this By-law.
(i)
Existing Uses Continued:
Nothing in this By-law shall prevent the use of any lot,
building or structure for any purpose prohibited by this By-
law if such lot, building or structure was lawfully used for
such purpose on the date of passing of this By-law, so long as
it continues to be used for that purpose.
(j)
Building permit Issued:
Nothing in this By-law shall prevent the erection or use of any
building or structure for a purpose prohibited by this By-law
if a complete application for a Building permit for such
building or structure was submitted or a Building permit
issued prior to the date of passing of this by-law, provided:
(i)
when the building or structure is erected, it shall be
used and shall continue to be used for the purpose for
which the building permit was issued; and
(ii)
the erection of such building or structure is
commenced within 6 months of the date of the
issuance of the Building permit
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(k)
Compliance with Other Restrictions:
This by-law shall not be effective to reduce, override or
mitigate any restrictions lawfully imposed by a governmental
authority having jurisdiction to make such restrictions,
including but not limited to the Trent Severn Waterway (Parks
Canada), the Ministry of Natural Resources and Forestry
under the authority of the Public Lands Act, and Ontario
Parks, Ministry of the Environment, Conservation and Parks,
under the authority of the Provincial Parks and Conservation
Reserves Act, 2006.
(l)
Committee of Adjustment Variance Approvals
With respect to any lands for which a minor variance from the
provisions of By-Law 524-76 as amended and/or By-law 66-
1996 as amended has been authorized by the Committee of
Adjustment of the Township of North Kawartha. The
provisions of By-Law 524-76 as amended and/or By-Law 66-
1996 as amended, shall continue to apply to the extent
necessary to give effect to such decision until the 30th of
June, 2014.
(m)
Island Zoning
All islands located within the boundaries of the Township of
North Kawartha, under private ownership, unless otherwise
noted will fall within the Shoreline Residential Island zone.
All islands located within the boundaries of the Township of
North Kawartha within public ownership, ie. provincially or
federally, will fall within an open space zone.
(a)
Singular and Plural Words:
In this By-law, unless the context requires otherwise:
(i)
words used in the singular number include the plural;
and
(ii)
words used in the plural include the singular number.
(b)
Shall Is Mandatory:
In this By-law, the word "shall" means mandatory.
(c)
Used and Occupied:
In this By-law, unless the context requires otherwise:
(i)
the word "used" shall include "designed to be used"
4
*as per OMB ruling
and "arranged to be used"; and
(ii)
the word "occupied" shall include "designed to be
occupied" and "arranged to be occupied".
(d)
Building, Structure and Use Classification:
In this By-law all buildings, structures and uses named as
permitted
uses
and
classified
under
the
headings
"RESIDENTIAL USES" or "ACCESSORY USES" may be
referred to as Residential or accessory buildings,
structures or uses respectively.
(e)
In this By-law, metric units shall be utilized and prevail.
Bracketed imperial units are indicated for reference purposes
only.
(f)
An explanation of the words in bold type can be found in
Section 2 - Definitions.
(g)
Zone Boundaries
(i)
Where a roadway is indicated as a boundary, the limits
of each zone shall be the centerline of the road
allowance.
(ii)
Where a boundary is indicated as generally following
lot lines, Township borders, or the extent of a
registered plan, the limits of each zone shall follow
such lines.
(iii)
Zone boundaries indicated as following shorelines,
shall be interpreted to be the high water mark. Zone
boundaries indicated as approximately following the
centerlines of streams, rivers, canals, lakes, or other
bodies of water shall be construed to follow such
centerlines.
(h)
Zoning of Original Shore Road Allowance and Unopened
Road Allowances
Any original shore road allowance or shoreline crown
reserves located above the high water mark and not located
in a zone category shall be deemed to be zoned in the same
manner as the abutting upland Lot. Any unopened road
allowance absent zoning that is stopped, closed and
transferred for the purpose of a boundary adjustment shall be
deemed to be zoned in the same manner as the lot it has been
5
*as per OMB ruling
transferred to.
The following Schedules which are attached hereto, are hereby
made a part of this By-law as fully and to all intents and purposes as
though recited in full herein:
Zone Maps A1 to A14
6
*as per OMB ruling
SECTION 2 - DEFINITIONS
Any definition of any object, structure, item not encompassed herein
shall be as defined in the current edition of a dictionary.
In this By-law, unless the context requires otherwise, the following
definitions shall apply:
"Alter", when used in reference to a building, structure or part
thereof, means:
(a)
to change any one or more of the external dimensions of such
building or structure; or
(b)
to change the type of construction of the exterior walls or roof
of such building or structure; or
(c)
to change the use of such building or structure; or
(d)
to change the number of uses or dwelling units contained
therein.
"Alter", when used in reference to a lot, means:
(e)
to change the boundary of such lot with respect to a street or
land; or
(f)
to change any dimension or area, relating to such lot, which
is covered herein by a zone provision; or
(g)
to change the use of such lot; or
(h)
to change the number of uses located thereon.
"Altered" and "alteration" shall have corresponding meanings.
"Attached" shall mean a building otherwise complete in itself, which
depends for structural support or complete enclosure upon a division
wall or walls shared in common use with adjacent building
comprised of a floor, walls, partial walls and roof system. For
building additions, a common wall is considered to not be less than
50% of the total width of the addition.
7
*as per OMB ruling
"Auditorium" means a building, structure or part thereof where
facilities are provided for athletic, civic, educational, political,
religious or social events. This definition may include an arena,
assembly hall, community centre, gymnasium, stadium, theatre or
similar use.
"Balcony" means a partially enclosed platform attached to and
extending horizontally from one or more main walls of a building.
"Bed and breakfast establishment" means a dwelling house,
containing not more than three guest rooms, used or maintained for
the temporary overnight accommodation of the travelling public, in
which the proprietor supplies lodging, with or without meals, in return
for monetary compensation. Such an establishment must be
licensed by the municipality and operated by one or more persons
residing in the dwelling house. A Bed and breakfast
establishment shall not mean to include a restaurant or a tourist
establishment.
"Beverage room" means a building or premises, other than a
restaurant, licensed under The Liquor License Act.
"Boathouse" means a single storey detached accessory building or
structure with a roof and walls, designed and used to house, shelter,
store or protect watercraft and/or related marine equipment; but shall
not include any space for human habitation.
"Boatport" shall mean an unenclosed, stand-alone roofed structure
designed and used for the docking and storage of watercraft and
equipment accessory to the use and operation of watercraft.
"Body shop" means a building or premises used for the painting or
repairing of motor vehicle bodies, exteriors or undercarriages.
Accessory uses may include a towing service and the rental of
motor vehicles to customers whose motor vehicles are being
repaired. This definition shall not include a salvage yard as defined
herein.
8
*as per OMB ruling
"Building" means a structure consisting of a wall, roof and floor, or
any one or more of them, or a structural system serving the function
thereof, including all the works, fixtures and service systems
appurtenant thereto, and includes such other structures as are
designated in the regulations inclusive of a Septic System, but does
not include a structure used directly in the extraction of ore from a
mine.
(a)
Accessory building:
"Accessory building" means a detached building which is
incidental, subordinate and exclusively devoted to a main
building or main use and located on the same lot therewith.
(b)
Main building:
"Main building" means the building which contains the
principal use of the lot on which such building is located.
"Building area" means the percentage of a lot area covered by the
perpendicular vertical projection of all buildings above grade onto a
horizontal plane.
"Building by-law" means a by-law passed pursuant to Section 5 of
the Ontario Building Code Act for the purpose of regulating the
issuance of building permits.
(a)
"Height" means, in the case of a shoreline or waterfront
property, the vertical distance of a building measured from
the finished grade of the front (lakeside) of a building to
(i)
The highest point of the roof surface of a flat roof;
(ii)
The mean level between the eaves and the ridge of a
gabled, hip, gambrel, or other type of pitched roof.
and means in all other cases from the average grade
around the perimeter of the building to
(iii)
The highest point of the roof surface of a flat roof;
(iv)
The mean level between the eaves and the ridge of a
gabled, hip, gambrel, or other type of pitched roof.
(b)
"Height" means in the case of a boathouse or boatport, the
vertical distance measured between the original grade, in the
case of an on-land boathouse or boatport, or the normal
9
*as per OMB ruling
high water mark, in the case of an in-water boathouse or
boatport, and:
(i)
The highest point of the roof surface of a flat roof:
(ii)
The highest point of the roof surface of a gabled, hip,
gambrel, or other type of pitched roof
"Bunkhouse" means an accessory building to a permitted
recreation dwelling house, principally intended for use as sleeping
quarters.
"Building permit" means a permit required by the Ontario Building
Code Act and any municipal by-laws authorized by this Act.
"Building separation" means the horizontal distance between the
nearest portions of any buildings on a lot.
"Bulk storage tank" means a tank for the bulk storage of petroleum,
petroleum products, chemicals, gases or similar substances. This
definition shall not include a storage tank which is accessory to
another use on the lot where such tank is located.
"Business office" means a building or part of a building where one
or more persons are employed in administering, directing, managing
or conducting the affairs of a private enterprise. This definition shall
not include any manufacturing operation or any premises used for
repairing equipment, goods, materials or vehicles.
"Camping ground" means an open area provided for the use of
outdoor camping in tents or similar facilities. This definition shall not
include a tourist camp or mobile home park for temporary
accommodation and overnight use.
"Carport" means a roofed structure, supported by columns, piers or
not more than 2 walls, encompassing more than 60% of the building
perimeter which is used for the sheltering of permitted vehicles.
10
*as per OMB ruling
"Chief building official" means the officer or employee of the
Corporation appointed under Section 3 of the Building Code Act
charged with the duty of enforcing the provisions of The Building
Code Act, together with any Regulations made hereunder and the
provisions of the Building by-law.
"Church" means a building owned or occupied by a religious
congregation or religious organization dedicated exclusively to
worship and other religious activities.
"Clinic" means a building or part of a building used solely by
medical doctors, dentists and/or drug less practitioners, as well as by
their staff and their patients, for the purposes of consultation,
diagnosis and office treatment. This definition shall not include a
hospital or home professions.
"Club" means a building or premises used as an athletic,
recreational, service or social club, which is either private or public.
"Commercial greenhouse" means a building used for the growing
of flowers, vegetables, shrubs, trees and similar vegetation for
wholesale or retail sale. This definition shall not include any premises
used for the growing of mushrooms.
2.32a CANNABIS PRODUCTION, COMMERCIAL:
"Cannabis Production, Commercial" refers to a building,
structure or area of land used for growing, producing, testing,
destroying, storing or distribution of cannabis or cannabis products.
"Conservation use" means the use of land for a comprehensive
management and maintenance program whose goal is the
preservation, protection and improvement of the components of the
natural environment.
"Contractors yard" means a yard of any building trade or
contractor where equipment and material are stored or where a
contractor performs shop or assembly work but does not include any
11
*as per OMB ruling
other yard or establishment otherwise defined or classified herein.
"Corporation" means the Corporation of the Township of North
Kawartha.
"Council" means the Council of the Corporation of the Township
of North Kawartha.
"County" means the Corporation of the County of Peterborough.
"Deck" means an open platform structure, with or without ground
support and without walls or a roof system, which may or may not be
attached to a building, and is accessory to a permitted residential
or seasonal residential use. A deck shall not be enclosed below
finished floor level, by a wall or enclosure if it is located in the required
water setback.
"Delivery space" means an area provided for the temporary parking
of vehicles delivering or picking up equipment, goods, materials or
persons.
"Detached", when used in reference to a building, means a
building which is not dependent on any other building for structural
support or enclosure.
"Development" means the creation of a new lot, change in land use,
or the erection, or placing of a building or structure of any kind or
the making of an addition or alteration to a building or structure
that has the effect of increasing the size or usability thereof, and
includes such related activities as site grading and the placing or
dumping of fill and/or other operations that disrupt the natural
environment in, on, over or under land or water.
"Dining room" means that part of a restaurant, or other building,
which is used for the consumption of food by persons seated at
booths, counters, tables or a combination thereof.
12
*as per OMB ruling
"Dock" means a structure without a roof or walls, attached to a
shoreline and/or marine facility and/or the bed of a lake or
waterbody on a permanent or seasonal basis, which projects into a
waterbody with a finished surface above the level of the water, and
which is primarily used for the mooring/docking of watercraft and to
provide access from water to land and vice-versa. A dock as defined
herein shall also include any dock ramp designed to secure a dock
to land and provide a means of access between land and a dock.
"Driveway" means an unobstructed passageway used to provide
vehicular access from the entrance to a delivery space, loading
space, parking space or structure.
"Driveway setback" means the least horizontal distance permitted
between a lot line of a lot and the nearest portion of any driveway
on such lot.
"Dry cleaning or laundry outlet" means a building or part of a
building used for the purpose of receiving articles or goods of fabric
to be subjected elsewhere to a process of cleaning, drying or dyeing.
Such establishment may also be used for pressing and/or distributing
any articles or goods of fabric which have been received therein.
"Duplex" shall mean a separate building containing two (2) or more
storeys that is divided horizontally into no more than two (2) dwelling
units, each of which is completely on a separate storey, and each
ofwhich has an independent entrance either directly or through a
common vestibule.
"Semi-detached" shall mean a separate building containing two
(2) single dwelling units separated vertically by a common wall,
each unit having separate entrance and exit facilities.
"Dwelling house" means a single detached building occupied or
13
*as per OMB ruling
capable of being occupied as the home or residence of one or more
persons. This definition shall not include any part of any vehicle as
defined herein. In no case shall there be more than one kitchen or
area where food preparation can take place.
(a)
Accessory dwelling house:
"Accessory dwelling house" means a dwelling house
which is accessory to a permitted non-residential use. Such
dwelling house shall be occupied by either the owner or by
a person employed on the lot where such dwelling house is
located.
(b)
Group home:
"Group home" means a single housekeeping unit in a
residential dwelling house in which three to eight residents
live under responsible supervision of staff or a receiving
family, consistent with the requirements of its residents. The
home shall be licensed or approved under Provincial Statute.
For the purpose of this by-law "residents" shall not include
persons who have been referred from correctional or
detention facilities.
(c)
Modular dwelling house:
"Modular dwelling house" means a detached dwelling
house which has been fabricated in two or more sections
which cannot function independently from one another and
are designed for transportation on streets on a flatbed or
other trailer. Upon arrival at the site, the sections are placed
on a foundation and are assembled to form one complete
dwelling house and generally not intended to be dismantled
and relocated but shall not include a mobile home.
(d)
Recreational dwelling house/cottage:
"Recreational dwelling house/cottage" means a dwelling
house, containing only one dwelling unit, which is
constructed and used as a secondary place of residence, for
vacation and recreational purpose.
"Dwelling unit" means a suite of 2 or more habitable rooms,
occupied by not more than one family, in which sanitary
conveniences are provided and in which facilities are provided for
cooking or for the installation of cooking equipment, and with an
independent entrance either directly from outside the building or
through a common corridor or vestibule inside the building. This
definition shall not include any part of any vehicle as defined herein.
14
*as per OMB ruling
In no case shall there be more than one kitchen or area where food
preparation can take place located with a dwelling unit.
(a)
Accessory dwelling unit:
"Accessory dwelling unit" means a dwelling unit which is
part of, and accessory to, a permitted non-residential
building. Such dwelling unit shall be occupied by either the
owner or by a person employed on the lot where such
dwelling unit is located.
(b)
Primary Dwelling Unit:
"Primary Dwelling Unit" means the principal dwelling unit
as permitted in a residential or rural zone.
(c)
Second Dwelling Unit:
"Second Dwelling Unit" means a dwelling unit which is self-
contained, accessory to, and situated within a primary
dwelling unit or within an accessory structure on the same
lot as the primary dwelling unit.
"Entrance", when used with reference to a lot, means an
unobstructed passageway used to provide vehicular access from the
traveled portion of a street or lane to a driveway.
"Entrance separation" means the horizontal distance between the
nearest portions of any entrances on a lot.
"Entrance setback" means the horizontal distance between an
intersection of street lines and the nearest portion of any entrance,
measured along the limit of the traveled portion of the street or lane.
"Entrance width" means the horizontal distance between the
extremities of an entrance, measured along the limit of the traveled
portion of the street or lane.
"Erect" means to build, construct, place, reconstruct or relocate and,
without limiting the generality of the word, also includes:
(a)
Altering any existing building or structure by an addition,
15
*as per OMB ruling
enlargement, extension or other structural change; and
(b)
Any work which requires a building permit. "Erected" and
"Erection" shall have corresponding meanings.
"Existing" means existing in the former Burleigh/Anstruther wards
on February 23, 1979 and in the former Chandos ward on November
1, 1976 for non-conforming and non-complying structures and
uses.
(a)
For docks and swim rafts, "existing" means lawfully
existing as of the date of passing of By-law No. 2019-078
(August 13, 2019).
(b)
For boathouses and boatports, "existing" means lawfully
existing as of the date of passing of By-law No. 2019-095
(September 17, 2019)
"Farm" means land used for the tillage of soil or the growing of
vegetables, fruits, grains, legumes, hays, tobacco or other crops.
This definition may also apply to land used for livestock raising,
dairying or woodlot.
(a)
Specialized farm:
"Specialized farm" means land on which the predominant
economic activity consists of raising chickens, turkeys or other
fowl; the raising of fur bearing animals; the raising of swine or
goats; the raising of cattle on feed lots; or the growing of
mushrooms.
"Farm produce outlet" means a use, accessory to a farm, which
consists of the retail sale of agricultural products.
2.65 FINANCIAL OFFICE
16
*as per OMB ruling
"Flood plain" means the area, usually low lands, adjoining a
watercourse which has been, or may be covered by flood water.
"Floor area" means the space on any storey of a building between
exterior walls and required fire walls, including the space occupied
by interior walls and partitions, but not including exits and vertical
service spaces that pierce the storey.
(a)
Dwelling unit area:
"Dwelling unit area" means the aggregate of the floor areas
of all habitable rooms in a dwelling unit.
(b)
Gross floor area:
"Gross floor area" means the aggregate of all floor areas of
a building or structure.
(c)
Ground floor area:
"Ground floor area" means the floor area of the first storey
of a dwelling unit, excluding any portion of such first storey
which is not a habitable room and which has no habitable
room, or portion thereof, located there over.
(d)
Net floor area:
"Net floor area" means that portion of the gross floor area
of a building which is used by accessory use defined herein
or specifically named elsewhere in this By-law, but excluding:
(i)
any part of such building used by another accessory
use which is defined herein or specifically named
elsewhere in this By-law;
(ii)
any part of such building used as a dwelling unit;
(iii)
any part of such building used for the parking or
storage of motor vehicles;
(iv)
any part of such building used for equipment to heat
such building or a portion thereof; and
(v)
the thickness of any exterior walls of such building.
2.68a FOOD TRUCK
"Food Truck" means a vehicle, trailer or portable apparatus
17
*as per OMB ruling
designed to prepare food.
"Forestry use" means the management, development and
cultivation of timber resources.
"Fuel pump island" means a structure which is an accessory use
intended to provide fuel for vehicles.
(a)
Private fuel pump island:
"Private fuel pump island" means a fuel pump island used
to dispense fuel solely to vehicles owned or leased by the
occupant of the lot where such fuel pump island is located.
This definition shall not include an automobile service station
or any other facility for the sale of fuels.
"Funeral home" means a building or premises used for the
furnishing of funeral supplies and services to the public and may
include facilities for the preparation of the human body for interment
or cremation.
"Commercial garage" means an establishment or premises where
vehicles owned by the general public are repaired or maintained.
"Maintenance garage" means an establishment or premises where
vehicles owned or leased by the occupant of such premises are
repaired or maintained.
"Private garage" means an accessory building (detached garage)
or portion of a dwelling house (attached garage) which is fully
enclosed and used for the sheltering of permitted vehicles. and/or
storage ancillary to a residential use and/or a home industry or home
occupation where authorized by the regulations of this Zoning By-
law. This definition shall not include a carport, bunkhouse, habitable
room or other open shelter, except that the second storey of an
18
*as per OMB ruling
attached garage may be utilized as a habitable room.
"Gazebo" means an accessory free standing roofed structure with
open or screened walls enclosing a single area used for the purpose
of relaxation. It may be located on a deck, it may be located on the
ground as a non-permanent free-standing structure.
"Golf course" means public or private premise which is used for the
purpose of playing golf. This definition may include a par-3 golf
course, a driving range, a miniature golf course, clubhouse or any
similar use.
(i)
Finished grade
"Finished grade" means the average level of proposed or
finished ground adjoining a building at all exterior walls.
(ii)
Original grade
" Original grade" means the original grade that existed prior
to construction adjoining a building at all exterior walls.
"Gravel pit" means any open excavation made for the removal of
any soil, earth, clay, marl, sand, gravel or unconsolidated rock or
mineral to supply such material for construction, industrial or
manufacturing purposes. This definition shall not include:
(a)
Any excavation incidental to the erection of a building or
structure for which a building permit has been issued;
(b)
Any excavation incidental to the construction of any public
works;
(c)
Any asphalt plant, cement manufacturing plant or concrete
batching plant; or
(d)
Any wayside pit as defined herein.
"Guest room" means a room or suite of rooms which contains no
facilities for cooking and which is used or maintained, for gain or
profit, by providing accommodation to the public.
19
*as per OMB ruling
"Habitable room" means a room designed to provide living, dining,
sleeping or kitchen accommodation for persons. This definition may
include a bathroom, den, library, office or enclosed sun room but
shall not include any private garage, carport, porch, veranda,
unfinished attic, unfinished basement or unfinished cellar.
"High water mark" means the mark made by the action of water
under natural conditions on the shore or bank of a body of water,
which action has been so common and usual and so long continued
that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the
vegetation or soil on the other side of the mark.
"Home industry" means any occupation or activity resembling a
construction or industrial-type activity, conducted for gain or profit
which is clearly incidental, subordinate and secondary to the
principal use of the property. Such uses may include a carpentry
shop, a craft shop, a metal working shop, a plumbing shop, an
electrical shop, a welding shop, or other similar use. A home
industry shall be conducted in whole, or in part, in an accessory
building to a permitted dwelling house. Home industries shall be
established in accordance with the provisions of Section 3.10 of this
by-law.
"Home occupation" means any business or service occupation or
activity conducted for gain or profit which is clearly incidental,
subordinate and secondary to the principle residential use of the
property. Such uses may include, but are not limited to,
hairdressing; instruction in arts, crafts, dancing or music to not more
than 6 pupils at any one lesson; molding; painting; sculpting; a bed
and breakfast establishment offering overnight accommodation in
not more than 3 bedrooms of a dwelling unit, a private home
daycare; a professional office, a bakery, or other similar uses. A
home occupation shall be conducted wholly within a permitted
dwelling house. Home occupations shall be established in
accordance with the provisions of Section 3.11 of this by-law.
20
*as per OMB ruling
"Island" means a land mass completely surrounded by water, which
meets the definition of a Lot. This includes any land mass joining the
mainland by any causeway or bridge.
"Kennel" means a building, structure or premises used for the
raising, breeding or boarding of dogs, cats or other household pets.
A Kennel, for the purposes of this By-Law, may include both a
commercial and/or personal keeping of animals.
* 2.94.1 KITCHEN
"Kitchen" means a room or part of a room where food is stored or
prepared or cooked and which has cooking appliances.
"Landscaping area" means that portion of the lot area of a lot
required for the growth and maintenance of grass, flowers, bushes,
trees and other landscaping. This definition may include any
surfaced walk, surfaced patio, play facility, or similar area but shall
not include any driveway or ramp (whether surfaced or not) nor any
curb, retaining wall, parking area, delivery space, loading space
nor any open space beneath or within a building or structure.
"Laundromat" means a building or part of a building containing
one or more washers, each having a capacity not exceeding 23
kilograms (50 pounds), and drying, ironing, finishing and incidental
equipment, provided that only water and soaps or detergents are
used and provided that no such operation shall emit any noise or
vibrations which cause a nuisance or inconvenience within or without
the premises. This definition may include a self-service dry cleaning
outlet.
"Loading space" means an area provided for the temporary parking
of vehicles loading or unloading animals, equipment, goods or
materials.
21
*as per OMB ruling
"Lot" means a parcel of land which is capable of being legally
conveyed in accordance with the provisions of The Planning Act.
(a)
Corner lot:
"Corner lot" means a lot having 4 or fewer lot lines and
situated at the intersection of 2 street lines which contain an
angle of not more than 135 degrees.
(b)
Existing lot/Lot of Record
"Existing lot/lot of record" means a lot which was held
under distinct and separate ownership from abutting lots as
shown by a registered conveyance in the records of the
Registry Office or Land Titles Office or an existing lot/lot of
record that has had lands removed through the consent
process or a plan of sub-division or in the alternative, has
been enlarged as a result of conveyance from another
property, public or private.
(c)
Interior lot:
"Interior lot" means a lot, other than a corner lot or a through
lot, which has street access but has no water access.
(d)
Standard waterfront lot:
"Standard waterfront lot" means a lot which has water
access on one shoreline only.
(e)
Through lot:
"Through lot" means a lot, other than a corner lot, which has
street access on 2 or more street lines but has no water
access.
(f)
Through waterfront lot:
"Through waterfront lot" means a lot which has water
access on more than one shoreline.
(g)
Unserviced lot:
"Unserviced lot" means a lot which is served by neither a
public water system nor a sanitary system.
"Lot area" means the total area within the lot lines of a lot excluding
the area of any Environmental Constraint (EC) zoned land or any
area below the normal high water mark located on such lot.
22
*as per OMB ruling
"Lot coverage" is the percentage of the area of a property covered
by all buildings inclusive of any decks, porches and attachments
thereto.
(refer to Appendix A at the end of the document)
"Lot frontage" means:
(i)
for a lot fronting on a road, the horizontal distance between
the side lot lines measured at right angles. Where such lines
are not parallel, the lot frontage shall be the distance
between the side lot lines measured on a line 15 metres (49.2
feet) from the front lot line;
(ii)
for a lot which abuts two sides of a public street, the shorter
lot line that so abuts shall be deemed the lot frontage;
(iii)
for a corner lot where the street lines are curved, the lot
frontage shall be the lesser of the side lot lines produced to
their point of intersection;
(iv)
for a lot directly abutting a navigable waterway and which
does not abut a public street, the straight line distance
between the two most widely separated points on any one
shoreline of a lot shall be deemed the lot frontage; for a lot
on a point or an island the frontage will be the circumference
of the point or island at the normal high water mark
(v)
for a lot fronting on a shoreline road allowance, the horizontal
distance between the side lot lines measured along a
straight line between the points where the side lot lines meet
the shoreline road allowance; or where applicable, the
straight line distance between the two most widely separated
points on any one shoreline road allowance of a lot shall be
deemed the lot frontage;
(vi)
for a lot abutting a public street and a navigable waterway or
a shoreline road allowance, the straight line distance
between the two most widely separated points on any one
shoreline or shoreline road allowance of a lot shall be
deemed the lot frontage;
- In this circumstance, where the rear lot line abuts a public
street, lane or public or private right-of-way, the frontage of
the rear lot line adjacent thereto shall be at least 15 metres
23
*as per OMB ruling
(50 feet).
"Lot line" means any boundary of a lot.
"Front lot line" shall be defined as a portion of property abutting a
publicly maintained or private road but where a property abuts a body
of water, other than Eels Creek or the Crowe River, the frontage will
be the body of water.
"Rear lot line" means in the case of a lot having four or more lot
lines, the lot line farthest from and opposite to the front lot line. If a
lot has less than four lot lines, there shall be deemed to be no rear
lot line.
"Side lot line" will be the property lines at right angles or any angle
to the front and rear property line.
"Marina" means a commercial establishment or premises, where
boats or boat accessories are berthed, stored, serviced, repaired or
kept for sale or rent and where facilities for the sale of marine fuels,
lubricants or refreshments may be provided.
"Marina docking system" means a series of docks associated with
a commercial marina which are primarily intended to provide for the
mooring/dockage of multiple watercraft.
Marine facility" means an unenclosed structure without a roof or
walls which is used to place a boat into or take a boat out of a
waterbody; or to moor, to berth or to store a boat. This definition
may include a boat launching ramp, boat lift, marine railway or similar
structure, but shall not include a dock, boathouse, boatport,
marina or any boat service, repair or sales facility, or any building
used for human habitation.
24
*as per OMB ruling
"Mining" means the removal of sand, gravel, earth, rock, stone or
mineral bearing substance from the ground for the purposes of
obtaining any mineral there from.
"Mobile home" means a prefabricated building, designed to be
transported on its own chassis (Notwithstanding that its running gear
is or may be removed), or by other means, and designed and
equipped for year-round occupancy, containing therein facilities for
cooking or for the installation of cooking equipment as well as
sanitary facilities including a flush toilet and a shower or bathtub. This
definition shall not include any tourist vehicle or any trailer which
has a gross floor area of less than 60 square metres (645 square
feet).
"Mobile home park" means land which has been provided and
designed for the location thereon of two or more occupied mobile
homes.
"Navigable waterway" is defined by the Provincial or Federal
Government.
"Non-complying", when used in reference to a lot, building or
structure, means a lot, building or structure which does not
comply with one or more of the zone provisions of the zone in which
such lot, building or structure is located.
25
*as per OMB ruling
"Non-conforming", when used in reference to a use, building or
structure, means a use, building or structure which is not a
permitted use in the zone where such use, building or structure is
located.
"Noxious use" means a use which, by its nature or the materials
used or produced therein, is declared to be a noxious trade, business
or manufacture pursuant to The Public Health Act or any Regulations
made hereunder.
"Nursery" means land used for the growing of sod, flowers, bushes,
trees or other gardening, landscaping or orchard stock for wholesale
or retail sale.
"Open storage area" means land used for the outside storage of
equipment, goods or materials. This definition shall not include a
storage use located in a building, a salvage yard, a parking area,
a delivery space or a parking space.
"Park" means an area, consisting largely of open space, which may
include a recreational area, playground, play field or similar use, but
shall not include a mobile home park or a tourist camp.
(a)
Public park:
"Public park" means a park owned or operated by the
Corporation or the County, any local board of the
Corporation or the County, or any Authority, Board,
Commission or Ministry established under any statute of
Ontario or Canada.
(b)
Private park:
"Private park" means a park other than a public park.
"Parking area" means an area or structure provided for the parking
of motor vehicles and includes any related driveways and parking
spaces, but shall not include any part of a street or lane. This
definition may include a carport or private garage.
26
*as per OMB ruling
"Play facility" means a fenced or enclosed space, above ground,
which is designed for use by children.
"Play facility area" means that portion of the lot area of a lot
required to be used for all play facilities on such lot.
"Porch" means a roofed structure without walls located at the entry
point to a dwelling or structure.
"Private Home Daycare" means the temporary care for reward or
compensation of five children or less who are under 10 years of age
where such care is provided in a private residence, other than the
home of the parent or guardian of any child, for a continuous period
not exceeding twenty-four hours.
"Public use" means a building, structure or lot used for public
services by the Corporation or the County, any local board of the
Corporation or the County, any Authority, Board, Commission or
Ministry established under any statute of Ontario or Canada or
Ontario Hydro.
"Pump house" means an accessory building measuring not more
than 1.2 metres (4 feet) in width, 1.2 metres (4 feet) in length and 1.2
metres (4 feet) in height and erected for the purpose of
mechanically drawing water from a waterbody for use by residents
of the dwelling unit, or for firefighting purposes.
27
*as per OMB ruling
"Reconstruction" shall mean to replace a structure or portion of a
structure in conformance with all General and Zone provisions as
may be applicable.
"Recreation camp" means a building having a net floor area of
less than 139.4 square metres (1500 square feet) erected for the
purpose to provide temporary accommodation.
"Recreational establishment" means a billiard or pool hall, bowling
alley, curling or skating rink, or similar use.
"Renovate" shall be defined as changes to a portion or portions of
an existing structure to improve the conditions within a structure
for human habitation and/or the use of the structure.
"Repair" shall be defined as maintaining the minimum standards for
Health and Safety for a structure that is utilized for human habitation
on a permanent or seasonal basis as outlined in the Ontario Building
Code.
"Resort condominium" shall mean a building or cluster of
buildings consisting of freehold ownership vacation accommodation
units together with undivided co-ownership interest in the common
elements; which are designed for seasonal occupancy by either the
owner or guests.
"Restaurant" means a building or part of a building where food is
offered for sale or sold to the public for immediate consumption in
the dining room of such building or for consumption off the
premises.
"Retail store" means a building or part of a building in which
28
*as per OMB ruling
goods, wares, merchandise, substances, articles or things are
offered or kept for retail sale to the public. This definition shall not
include any establishment otherwise defined herein or specifically
named elsewhere in this By-law.
"Salvage yard" means an establishment or premises where bottles,
junk, scrap metals, white goods/appliances, wrecked vehicles or
parts there from are stored wholly or partly in the open.
"School" means a school under the jurisdiction of a Board as
defined in The Education Act.
"Merchandise service shop" means an establishment wherein
articles or goods such as appliances, furniture or similar items may
be repaired or serviced. This definition shall not include any
manufacturing operation or establishment used for the service or
repair of vehicles.
"Personal service shop" means an establishment wherein a
personal service is performed. This definition may include a barber
shop, a beauty salon, a dressmaking shop, a shoe repair shop, a
tailor shop, a photographic studio or similar use.
"Sanitary sewer system" means a system of underground conduits,
operated by a private corporation, by the Corporation or by the
Ministry of the Environment, which carries sewage to a sewage
treatment facility.
"Shoreline" means any lot line or portion thereof which abuts a
waterbody.
"Sight triangle" means the triangular space on a lot formed by 2
intersecting street lines and a line drawn from a point in one street
29
*as per OMB ruling
line across such lot to a point in the other street line, each such
point being 7.5 metres (25 feet) from the point of intersection of the
street lines (measured along the street lines). Where the 2 street
lines do not intersect at a point, the point of intersection of the street
lines shall be deemed to be the intersection of the projection of the
street lines or the intersection of the tangents to the street lines.
"Ski area" means land used for snow skiing and may include ski lifts,
tows, maintenance shops, ski equipment sales shops, dining
rooms, beverage rooms and similar accessory uses. This
definition shall not include a tourist establishment.
"Solid waste disposal site" means a municipally owned or operated
place where garbage, refuse or domestic or industrial waste,
exclusive of liquid industrial waste, is disposed of, deposited,
dumped, and/or processed under controlled conditions, and, for the
purposes of this By-Law, may include a sanitary landfill site.
(a)
Accessory dwelling house:
"Accessory dwelling house" means a dwelling house
which is accessory to a permitted non-residential use. Such
dwelling house shall be occupied by either the owner or by
a person employed on the lot where such dwelling house is
located.
2.169a SPECIAL EVENT
"Special Event" means an event, the duration of which is temporary
in nature and which is limited to one or more of the following uses:
an exhibition, a fair, a carnival, a religious or music festival or a
recreational competition.
"Stone quarry" means any open excavation made for the removal
of any limestone, sandstone, shale or consolidated rock or mineral
to supply such material for construction, industrial or manufacturing
purposes and Licensed under the Aggregate Resources Act. This
definition shall not include:
30
*as per OMB ruling
(a)
Any excavation incidental to the erection of a building or
structure for which a building permit has been issued;
(b)
Any excavation incidental to any public works; or
(c)
Any asphalt plant, cement manufacturing plant or concrete
batching plant.
"Storey" means that portion of a building which is situated between
the top of any floor and the top of the floor next above it, and if there
is no floor above it, that portion between the top of such floor and the
ceiling above it.
(a)
Attic:
"Attic" means the space between the roof and the ceiling of
the top storey or between a dwarf wall and a sloping roof.
(b)
Basement:
"Basement" means that portion of a building between two
floor levels which is completely or partly underground but
which has at least one-half of its height, from finished floor to
the underside of the floor joists of the next above storey,
below the adjacent finished grade level adjacent to the
exterior walls of the building and in which the height from
finished grade to the underside of the floor joists of the next
above storey is less than 1.2 metres (4 feet).
(c)
Cellar:
"Cellar" means that portion of a building between two floor
levels which is partly or wholly underground and which has
more than one-half of its height, from finished floor to the
underside of the floor joists of the storey next above, below
the finished grade level adjacent the exterior walls of the
building.
(d)
First storey:
"First storey" means the storey with its floor closest to
finished grade having its ceiling at least 1.8 metres above
finished grade.
(e)
One-half storey:
"One-half storey" means that portion of a building situated
wholly or in part within the roof and having its floor level not
lower than 1.2 metres (4 feet) below the line where roof and
outer wall meet and in which there is sufficient space to
provide a distance between finished floor and finished ceiling
of at least 2.3 metres over a floor area equal to at least 50%
31
*as per OMB ruling
of the area of the floor next below.
(f)
Crawl Space:
Means an enclosed space between the underside of a floor
assembly and the interior finished floor grade where the
height from finished floor grade to the underside of the floor
assembly is less than 5'11''.
"Street" means a public thoroughfare assumed by by-law for
ownership, maintenance and liability and under the jurisdiction of the
Corporation, the County of Peterborough or the Province of
Ontario. This definition shall not include a lane, a private right-of-
way, an unopened road allowance or an original shore road
allowance.
"Street Allowance" shall have a corresponding meaning.
(a)
Provincial highway:
"Provincial highway" means a street under the jurisdiction
of the Province of Ontario.
(b)
County road:
"County road" means a street under the jurisdiction of the
County of Peterborough.
"Street access" means, when referring to a lot, that such lot has a
lot line or portion thereof which is also a street line.
"Street line" means the limit of a street allowance and is the dividing
line between a lot and a street.
"Street setback" means the horizontal distance required between
the edge of a private right-of-way and the nearest part of any
building on a lot.
"Structure" means a building consisting of a wall, roof and floor or
any of them or a structural system serving the function thereof
including structures designated in the building code. For clarity, a
dock as defined herein shall be considered a structure.
"Swim raft" means a seasonal in-water and non-motorized floating
32
*as per OMB ruling
platform fixed to the lake bed on a seasonal basis and intended for
swimming and recreational purposes. Floating toys such as
trampolines, foam pads and inflatables are not considered swim
rafts or structures and therefore are not regulated by the Building
Code Act or the provisions of this Zoning By-law.
"Tourist camp" means any land used to provide temporary
accommodation for the public, or members of an organization, in
tents, tourist trailers or tourist vehicles whether or not a fee is
charged or paid for such accommodation.
"Tourist establishment" means a building or buildings designed
or used for the accommodation of the traveling or vacationing public.
(a)
Hotel:
"Hotel" means a tourist establishment containing therein 5
or more guest rooms served by a common building
entrance. Accessory uses may include accommodation for
staff and one or more beverage rooms, dining rooms,
meeting rooms or similar uses.
(b)
Lodge:
"Lodge" means a tourist establishment containing therein 5
or more guest rooms served by a common building
entrance while additional guest rooms may have separate
entrance directly from outside the building. Accessory uses
may include rental cabins, accommodation for staff and one
or more beverage rooms, dining rooms, meeting rooms,
recreational facilities or similar uses.
(c)
Motel:
"Motel" means a tourist establishment containing therein 5
or more guest rooms, each guest room having a separate
entrance directly from outside the building. Accessory uses
may include accommodation for staff and one or more
beverage rooms, dining rooms, meeting rooms or similar
uses.
(d)
Rental cottage:
"Rental cottage" means a tourist establishment designed
33
*as per OMB ruling
to accommodate persons in a detached building.
"Tourist vehicle" means a self-propelled vehicle capable of being
used for the temporary living, sleeping or eating accommodation of
persons. This definition may include a bus, motor home, truck or
van. For the purposes of this By-law, "tourist vehicle" shall include
a tourist trailer.
"Trailer" means any vehicle designed to be towed by a motor
vehicle.
(a)
Tourist trailer:
"Tourist trailer" means a trailer capable of being used for the
temporary living, sleeping or eating accommodation of
persons (notwithstanding that its running gear is or may be
removed).
"Transfer station" means a temporary location for the placement of
household garbage, recyclable materials and hazardous waste as
defined by the County of Peterborough, all as approved for operation
by the Minister of Environment by certificate of approval, prior to the
transfer to other certified locations outside of the Township.
"Use", when used as a noun, means the purpose for which a lot,
building or structure, or any combination thereof, is designed,
arranged, occupied or maintained.
"Uses" shall have a corresponding meaning.
"Use" (when used as a verb),"used" and "to use" shall have
corresponding meanings.
(a)
Accessory use:
"Accessory use" means a use which is incidental,
subordinate and exclusively devoted to a main building or
main use and located on the same lot therewith.
(b)
Main use:
"Main use" means the principal use of a lot.
34
*as per OMB ruling
"Vehicle" means an automobile, a boat, a commercial motor
vehicle, a farm implement, a mobile home, a motorcycle, a
snowmobile, a tourist vehicle or a trailer.
"Vehicle agency" means an establishment having as its main use
the storage of vehicles for sale, rent or lease. Accessory uses may
include facilities for the repair or maintenance of vehicles.
"Warehouse" means a building or part of a building used only for
the bulk storage of goods, wares, merchandise or materials and
accessory office space and shall include a wholesale establishment.
"Water access" means, when referring to a lot, that such lot has a
lot line or portion thereof which is also a shoreline and/or access to
the subject lot is via watercraft from a parking area and dock
located elsewhere on the waterbody.
"Waterbody" means any bay, lake, natural watercourse or canal,
other than a drainage ditch or irrigation channel.
"Water setback " means the straight line horizontal distance from
the high water mark of a waterbody to the nearest part of any
building, structure or open storage area on the lot. and for the
purposes of this By-Law shall be an open, uncovered space which is
unoccupied by buildings or structures except as may be expressly
permitted in this by-law.
"Wayside pit" means a temporary open excavation made for the
removal of any soil, earth, clay, marl, sand, gravel or unconsolidated
rock or mineral, opened and used by a public road authority solely
for the purpose of a particular project or contract of road construction.
"Yard" means an open, uncovered space on a lot appurtenant to a
building and unoccupied by buildings, structures or any goods or
materials thereon except as may be expressly permitted in this by-
law, and in determining yard measurements minimum horizontal
distance from the respective lot lines is to be used.
35
*as per OMB ruling
"Yard, flank" means the side yard facing a publicly maintained
road, street or highway.
"Yard, front" means a yard extending across the full width of a lot
between the front lot line and the nearest wall of any building,
structure or attachment thereto on the lot.
"Yard, minimum front" means the minimum depth of a front yard
on a lot between the front lot line and the nearest wall of any
building, structure or attachment thereto on the lot.
"Yard, rear" means a yard extending across the full width of a lot
between the rear lot line and the nearest wall of any building,
structure or attachment thereto on the lot.
"Yard, minimum rear" means the minimum depth of a rear lot line
between the rear lot line and the nearest wall of any building,
structure or attachment thereto on the lot.
"Yard, side" means a yard extending from the front yard to the rear
yard of a lot, and between a side lot line and the nearest wall of
any building, structure or attachment thereto on the lot.
"Yard exterior side" means a side yard immediately adjoining a
street or right-of-way.
"Yard, interior side" means a side yard other than an exterior side
yard.
"Yard, minimum side" means the minimum width of a side yard on
a lot between a side lot line and the nearest wall of any building,
structure or attachment thereto on the lot.
"Yard, water" means the yard extending from the high water mark
on any body of water to the nearest wall of any building, structure
or attachment thereto on the lot.
36
*as per OMB ruling
"Zone" means a designated area of land use shown on the attached
Zoning Schedules to this By-law.
"Zone provision" means any provision of this By-law which is listed
under
the
heading
"ZONE
PROVISIONS"
or
"SPECIAL
PROVISIONS" and includes anything contained in Section 3 hereof
which is applicable to the zone or use.
"Zoned area" means all the lands within the corporate limits of the
Township of North Kawartha.
"Zoning administrator" means the officer or employee of the
Corporation charged with the duty of enforcing the provisions of this
By-law.
Any definition of any object, structure, item not encompassed
herein shall be as defined in the current edition of a dictionary.
37
*as per OMB ruling
SECTION 3 - GENERAL PROVISIONS
(a)
Permitted Uses
Any use, building or structure which is accessory to a
permitted use in a zone shall be permitted in such zone
except that none of the following accessory uses shall be
permitted in any zone unless such accessory use is listed as
a permitted use in such zone:
(i)
an accessory manufacturing use;
(ii)
a building or portion thereof used for human
habitation;
(iii)
a fuel pump island;
(iv)
a livestock building
(v)
a marine facility;
(vi)
any occupation for gain or profit conducted within or
accessory to a dwelling unit;
(vii)
an open storage area
Properties zoned Rural (RU) in hamlet areas shall be restricted
to a dwelling house only and those legal uses existing at the
date of passing of this by-law.
(b)
Relation to Street
(i)
Residential Zones
An accessory building or structure, which is not part
of the principal or main building on the lot, shall be
erected in conformity with the setback requirements of
the respective Zone except as may otherwise be
provided for herein.
(ii)
Non-Residential Zones
No accessory building or structure shall be erected
closer to the street line than the minimum required
setback
requirements
of
the
respective
Non-
Residential Zone and further shall not be erected
closer than 3 metres (10 feet) to a side or rear lot line
except as may otherwise be provided for herein.
Notwithstanding the foregoing, a gatehouse or information kiosk or
other similar accessory structure shall be permitted within a required
front or side building setback or within the area between the street
line and the required setback provided such facility does not have a
gross floor area exceeding 10 square metres (108 square feet).
38
*as per OMB ruling
(c)
Relation to Principal or Main building
Except as may otherwise be provided herein, any accessory
building or structure, which is not part of the principal or
main building, shall not be erected closer than 1.5 metres (5
feet) to the principal or main building.
(d)
Building area and Height
(i)
The total building area of all accessory buildings
and structures, except swimming pools, shall not
exceed five per cent (5%) of the lot area. No
accessory building singularly shall be more than 5%
of the lot area nor shall the height of any accessory
building or structure exceed 4.9 metres (16 feet) from
grade to the peak of the roof, nor exceed one storey
except where expressly permitted otherwise in the by-
law. In addition, no accessory building shall include a
basement or cellar, but may include a crawl space.
(ii)
Notwithstanding the maximum height in item (i), in the
case of a detached private garage, the maximum
height shall be 7.3 metres (23.9 feet) measured from
grade to peak of the roof and shall not exceed 1.5
storeys. Access to any upper storey shall be
restricted to an internal, unenclosed stairway located
inside the building.
(e)
Accessory Structure Encroachments
Notwithstanding the building setback requirements of this
By-law to the contrary, drop awnings, clothes poles, flag
poles, garden trellises, retaining walls, fences, signs or
similar uses which comply with the licensing and/or regulatory
By-laws of the Corporation, shall be permitted in any required
building setback or in the area between the street line or
shoreline and the required setback.
(f)
Pump houses
(i)
Notwithstanding any other provision of this By-law to
the contrary, a pump house may be erected and used
in the required yard and water setback of a lot
abutting a waterbody provided such accessory
building or structure is not located closer than three
metres to the side lot line and is in accordance with
the provisions of Section 3.30.
(g)
Fire Escapes
Notwithstanding the building setback provisions of this By-
law to the contrary, unenclosed fire escapes may project into
39
*as per OMB ruling
any required setback a maximum distance of 1.2 metres (4
feet).
(h)
Private garages
A detached private garage may be erected and used in a
front, side or rear yard provided that:
(i)
where such accessory building is located in a side
yard, it shall not be closer than 3.0 metres (10 feet) to
the side lot line; or,
(ii)
where such accessory building is located in a rear
yard it shall not be closer than 3.0 metres (10 feet) to
the side lot line or rear lot line; or,
(iii)
where such an accessory building is located in a rear
yard it shall not be closer than 3.0 metres (10 feet) to
the side lot line or rear lot line, EXCEPT where a
detached private garage is erected with a direct
access from a lane, private road or right-of-way or
public street, in which case the structure shall not be
located closer than 3.0 metres (10 feet) to the side lot
line or 6.0 metres (20 feet) to the rear lot line and shall
comply with the minimum side building setback
requirements of the respective zone.
(iv)
where such an accessory building is located in a front
or flank yard, whether attached to or not attached to
and forming part of the principal or main building or
detached there from, such accessory building shall
not be located closer to the lot line, than the required
front or side yard set forth under the respective zone.
(v)
where the lot on which the accessory building is
located has a deeded right-of-way or cottage road
thereon the setback shall be 6.0 metres (20 feet) from
said right-of-way or traveled cottage road.
(vi)
notwithstanding items (i) and (iii), in no case shall a
detached private garage having a height greater
than 4.9 metres (16 feet) to a maximum of 7.3 metres
(23.9 feet) and/or one and a half storeys have a
minimum rear yard and side yard that is less than 4.5
metres (15 feet).
(i)
Ornamental Structures
Notwithstanding the building setback provisions of this By-
law to the contrary, sills, bay windows, chimneys, cornices,
eaves, gutters, parapets, pilasters, or other ornamental
structures may project into any required building setback or
the area between the street line and the required setback a
maximum distance of 0.6 metres (2 feet).
40
*as per OMB ruling
(j)
Swimming Pools
Private swimming pools, including in-ground and above-
ground pools, may be constructed and maintained as
accessory uses in accordance with the following provisions:
(i)
Building Setbacks
Swimming pool locations shall comply with the
applicable side, rear, front and water setback
requirements for the zones in which they are located.
The location of the swimming pool includes all
unenclosed water circulating or treatment equipment
such as pumps or filters.
(ii)
Water Setback
In addition to the above, outdoor swimming pools shall
not be permitted in the water setback or 30 metres
(100 feet) from the high water mark.
(iii)
Fencing
The pool shall be enclosed with a fence of not less than
1.52 metres (5 feet) in height from grade.
(iv)
Building Area
The maximum building area of an outdoor swimming
pool shall be part of the allowable 15% lot coverage.
(v)
Height
The height of any swimming pool shall not exceed 1.75
metres (5.7 feet) above grade.
(vi)
Further Safety Requirements
If, in the future, Council passes any further safety
requirements upon swimming pools within the
Township, they shall be enforced without an
amendment to this By-Law.
(k)
Marine Facilities
Where permitted in this By-law, a marine facility may be
erected and used subject to the following conditions:
(i)
Marine facilities shall be setback a minimum of 4.5
metres (15 feet) to a side lot line or the straight line
projection of a side lot line into the abutting
waterbody.
(ii)
Notwithstanding any other provision of this By-law to
the contrary, a marine facility may be erected and
used with a 0 metre (0 foot) setback to the high-water
mark.
(l)
Boathouses and Boatports
Boathouses and boatports are prohibited on all lands and
41
*as per OMB ruling
waterbodies under the jurisdiction of the Township of North
Kawartha. Notwithstanding, existing boathouses and
boatports may be rebuilt, repaired or strengthened in
accordance with the provisions of Section 3.19.
(m)
Docks and Swim Rafts
Where permitted in this By-law, the construction of a dock
and/or swim raft shall be subject to the following conditions:
(i)
Docks and swim rafts shall be setback a minimum of
4.5 metres (15 feet) from a side lot line or the straight
line projection of a side lot line into the abutting
waterbody;
(ii)
The maximum aggregate area of all docks and all
structural supports and projections, shall be 56 square
metres (603 square feet);
(iii)
The maximum aggregate area of all swim rafts shall
be 9.3 square metres (100 square feet)
(iv)
Docks and swim rafts shall only be permitted to be
constructed on a navigable lake or waterway.
Notwithstanding any other provision of this By-law to
the contrary, the provisions of this section shall not
apply to docks and swim rafts offered and intended
for public use by a government authority.
(n)
Bunkhouses
Bunkhouse shall not be located less than 4.5 metres (15 feet)
to any side lot line and shall comply with the provisions of the
zone in which it is situated.
(o)
Gazebo or detached deck
(i)
Maximum ground floor area - 10 square metres
(107.38 square feet);
(ii)
Maximum height - 3 metres (10 feet);
(iii)
Any lot zoned to permit a dwelling shall be permitted
one gazebo and one detached deck as accessory
uses;
(iv)
A gazebo or detached deck shall not be connected to
each other and shall not be connected to any other
accessory structure;
(v)
A gazebo or detached deck may encroach into the 30-
metre setback but must maintain a minimum 9-metre
(30 feet) setback from the high water mark; and,
(vi)
A gazebo may be located on an attached deck, but may
not be directly accessible from the dwelling.
42
*as per OMB ruling
(a)
Frontage on streets:
No person shall erect any building or structure in any
portion of the zoned area unless the lot upon which such
building or structure is to be erected abuts a street as
defined herein. This provision shall not apply to a lot on a
registered plan of subdivision registered subsequent to the
date of passing of this By-law.
(b)
Exemption to Frontage Regulations on streets:
If a lot is located in a Shoreline Residential (SR) Zone, a
Shoreline Residential Island (SRI), a Shoreline Commercial
Zone (CS), a Rural (RU) Zone, or a Crown Land (CL) Zone,
and if such lot does not abut a street, then the said lot shall
be exempt from the provisions of clause (a) of this subsection,
provided such lot has water access and/or private right-of-
way access, and/or access over an existing forest road
located on Crown land. For the purpose of the RU Zone, this
exemption shall only apply to the construction of a recreation
camp.
(a)
The following uses shall be permitted in any portion of the
Zoned area:
A building or structure incidental to construction such as a
trailer, storage container and/or tourist trailer, on the lot where
such building or structure is situated, but only for as long as
it is necessary for the work in progress and until the work is
completed or abandoned; but in no case shall the length of
time exceed 12 months. For the purpose of this provision, any
trailer, storage container or tourist trailer shall comply with the
setback requirements of this zoning by-law for a dwelling or
principle use.
(a)
Size:
Each delivery space shall be at least 9 metres (29 feet) long,
3.5 metres (11 feet) wide and have a vertical clearance of at
least 3 metres (10 feet).
(b)
More Than One Use On A Lot:
When a building, structure or lot accommodates more than
one use, the delivery space requirement for such building,
43
*as per OMB ruling
structure or lot shall be the sum of the requirements for the
separate uses thereof.
(c)
Location:
The required delivery spaces shall be provided on the lot
occupied by the building, structure or use for which the said
delivery spaces are required and shall not form a part of any
street, lane, parking space or loading space. No portion of
any delivery space shall be located closer than:
(i)
3 metres (10 feet) to any street line; or
(ii)
6 metres (20 feet) to any Residential zone.
(d)
Access:
Access to delivery spaces shall be by means of a driveway
at least 7.5 metres (25 feet) contained within the lot on which
the delivery spaces are located and leading to a street or
lane located within or adjoining the zone in which the use is
located.
(e)
Surface:
The driveways and delivery spaces shall be maintained with
a stable surface which is treated so as to prevent the raising
of dust or loose particles.
(f)
Addition To Or Change of Existing Use:
When a building or structure has insufficient delivery
spaces on the date of passing of this By-law to comply with
the requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the
construction of any addition if such addition does not increase
the gross floor area of such building or structure by more
than 10%. However, no addition may be built and no change
of use may occur if the effect of an addition or change of use
would be to increase such deficiency.
(a)
Location of Dwelling house:
No dwelling house, in its entirety, shall be located in a
basement or private garage.
Only one dwelling unit per property is permitted unless
otherwise permitted and no accessory building/use is
permitted until the principal building/use has been
established.
44
*as per OMB ruling
(b)
Location In Cellar or Basement:
No dwelling unit shall be located in the cellar or basement
of any accessory building. No part of any dwelling unit,
except a bedroom, furnace room, laundry room, recreation
room, storage room, washroom or similar room, shall be
located in the cellar or basement of a Residential building.
(c)
Notwithstanding any other provisions in this By-Law, where a
person wishes to retain an existing dwelling, permanent or
seasonal, while a new dwelling, permanent or seasonal is
being constructed, may do so upon entering into a formal
agreement with the Municipality in respect to a maximum time
frame for two main dwellings on a property with suitable
security deposit as part of the agreement. Said agreement will
be registered on title. All costs associated are the
responsibility of the property owner.
No building or structure other than a flood control use or shoreline
protection shall be erected in a floodplain as defined herein.
No gravel pit or stone quarry shall be established or made in any
portion of the Zoned area except in a zone where such use is a
permitted use. No gravel pit or stone quarry shall be established
or made in any landscaping area or planting strip required by this By-
law.
Notwithstanding any other provision of this by-law to the contrary, a
group home as defined herein, shall be permitted in the General
Residential (R) Zone, the Rural Residential (RR) Zone or the Rural
(RU) Zone provided that:
(a)
The regulations for a dwelling house in the applicable zone
are complied with;
The building height provisions of this By-law shall not apply to the
following uses:
45
*as per OMB ruling
an air conditioner duct;
a feed or bedding storage use;
a barn;
a flag pole;
a belfry;
a power transmission tower;
a bridge;
a radio antenna;
a bulk storage tank;
a silo;
a chimney;
a stack;
a church spire;
a television antenna;
a clock tower;
a ventilator;
a communications tower;
a water storage tank;
a corn crib;
a farm implement shed;
a drying elevator;
a windmill;
an electric power facility other than a building.
No home industry shall be permitted in any portion of the zoned
area unless such home industry is located in an accessory
building and complies with the following provisions:
(a)
No more than two persons, other than those residing in the
residence on the lot shall be employed in the home industry;
(b)
A home industry shall not occupy a total floor area in excess
of 46 square metres (495 square feet) and at no time shall
there be more than one (1) home industry permitted on a lot.
(c)
On any lot containing a home industry, there shall be no
goods, wares or merchandise other than those produced on
the premises offered for sale or rent outside of any buildings.
(d)
No part of any lot containing a home industry shall be used
for open storage, accessory to that home industry use.
(e)
Prior to the implementation of a home industry, approval
shall be granted from the following agencies: the authority
having jurisdiction for waste disposal and higher potential
occupant loads, the roads authority having jurisdiction over
the entranceway requirements, and the North Kawartha
Building Department for compliance with the Ontario Building
Code.
(f)
The home industry shall be clearly secondary to the principle
use on the lot and shall not change the character of the
property nor create or become a public nuisance in regard to
noise, vibration, noxious odours, glare, emissions of smoke,
electrical interference, traffic or parking.
46
*as per OMB ruling
(g)
Any vehicles associated with such home industry shall be
parked in an area other than a public street or a required front,
side or rear yard in accordance with the provisions of the
applicable zone and Section 3.21.
No home occupation shall be permitted in any portion of the zoned
area unless such home occupation is located within a permitted
dwelling unit and complies with the following provisions:
(a)
No more than two persons, other than those residing in the
residence on the lot shall be employed in the home
occupation.
(b)
A home occupation shall not occupy more than 25% of the
dwelling unit area, or a total floor area in excess of 46
square metres (495 square feet) within the dwelling unit,
whichever is lesser. A home occupation may be established
in both a dwelling unit and an accessory structure, provide the
floor area utilized for a home occupation in the accessory
structure does not exceed 28 square metres (301 square
feet). At no time shall there be more than one (1) home
occupation permitted on a lot.
(c)
On any lot containing a home occupation there shall be no
goods, wares or merchandise, other than those produced on
the premises, offered for sale or rent outside of any buildings.
(d)
No part of any lot containing a home occupation shall be
used for open storage accessory to that home occupation
use.
(e)
Prior to the implementation of a home occupation, approval
shall be granted from the following agencies: the authority
having jurisdiction for waste disposal and higher potential
occupant loads, the roads authority having jurisdiction over
the entranceway requirements, and the North Kawartha
Building Department for compliance with the Ontario
Building Code.
(f)
The home occupation shall be clearly secondary to the
principle use on the lot and shall not change the character of
the property nor create or become a public nuisance in regard
to noise, vibration, noxious odours, glare, emissions of
47
*as per OMB ruling
smoke, electrical interference, traffic or parking.
(g)
Any vehicles associated with such home occupation shall
be parked in an area other than a public street or a required
front, side or rear yard in accordance with the provisions of
the applicable zone and Section 3.21.
Lighting fixtures, which are not public uses and which are designed
for exterior illumination, shall be installed with the light directed
downward and deflected away from adjacent lots, street and water
bodies. Such lighting fixtures shall not be more than 9.25 metres
above finished grade and no closer than 4.5 metres to any street
or lot line; save and except for any fixture which exclusively serves
as an aid to navigation.
Notwithstanding the minimum yard provisions of this By-Law to the
contrary, no person shall use any land or erect or use any building
or structure for a kennel as defined in this By-Law, except as
provided herein.
A kennel use shall only be permitted to locate in a Rural (RU) or
Rural Residential (RR) Zone:
(a)
A kennel cannot be located within 150 metres (492 feet) of
any lot line.
(a)
Size:
Each loading space shall be at least 14 metres long, 3.5
metres (11 feet) wide and have a vertical clearance of at least
4.5 metres (15 feet).
(b)
More Than One Use On A Lot:
When a building, structure or lot accommodates more than
one use, the loading space requirement for such building,
structure or lot shall be the sum of the requirements for the
separate uses thereof.
(c)
Location:
The required loading spaces shall be provided on the lot
occupied by the building, structure or use for which the said
48
*as per OMB ruling
loading spaces are required and shall not form a part of any
street, lane, parking space or delivery space. No portion of
any loading space shall be located closer to any street line
than the minimum front building setback for such building,
structure or use in the zone where it is located or closer than
7.5 metres (25 feet) to any other lot line.
(d)
Access:
Access to loading spaces shall be by means of a driveway
at least 7.5 metres (25 feet) wide contained within the lot on
which the loading spaces are located and leading to a street
or lane located within or adjoining the zone in which the use
is located.
(e)
Surface:
The driveways and loading spaces shall be maintained with
a stable surface which is treated so as to prevent the raising
of dust or loose particles.
(f)
Addition To Or Change Of Existing Use:
When a building or structure has insufficient loading
spaces on the date of passing of this By-law to comply with
the requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the
construction of any addition, if such addition does not increase
the gross floor area of such building or structure by more
than 10%.
However, no addition may be built and no change of use may
occur if the effect of an addition or change of use would be to
increase such deficiency.
Where a lot contains more than one use which is not an accessory
use as defined herein except for an accessory dwelling house or
dwelling unit, the lot area requirement shall be the sum of the
requirements for the separate uses thereof; however, the lot
frontage requirement shall be the greatest of the lot frontage
requirements for each individual use in the zone where such lot is
located.
Where a lot is divided into more than one zone, each such portion
of the lot shall be used in accordance with the provisions of this By-
49
*as per OMB ruling
law for the zone where such portion of the lot is located.
Notwithstanding the above, where there are two zones on a lot of
record, the lot of record is restricted to one principle dwelling/use.
(a)
Notwithstanding any other yard, setback, or distance
separation provisions of this By-law to the contrary, no non-
farm residential, commercial, industrial, institutional or
recreational use, located on a separate lot and permitted by
this By-law, shall be erected or altered unless it complies with
the minimum distance separation as shown on MDS data
sheets available from the Ministry of Agriculture, Food and
Rural Affairs (www.omafra.gov.on.ca).
(b)
Notwithstanding any other yard, setback, or distance
separation provision of the By-law to the contrary, no livestock
facility shall be erected or altered unless it complies with the
minimum distance distance separation as shown on MDS
data sheets available from the Ministry of Agriculture, Food
and Rural Affairs (www.omafra.gov.on.ca).
(c)
The provisions of subsection 3.17(a) shall not apply to lots
existing as of the date of the passing of this By-law which are
less than 4 hectares (10 acres) in area.
(d)
Notwithstanding any other provisions of this By-law to the
contrary, where a dwelling house is destroyed in whole or in
part by a catastrophe, Minimum Distance Separation Formula
1 will not be applied when the dwelling house is rebuilt,
provided it is built no closer to existing livestock facilities than
before the catastrophe.
(a)
Alterations To Non-complying Buildings And Structures:
Nothing in this By-law shall prevent the enlargement,
reconstruction, renovation or repair of an existing, non-
complying building or structure, or a building or structure
that was lawfully removed or damaged/destroyed, provided
such enlargement, reconstruction, renovation or repair
shall not:
(i)
increase the portion of the lot area covered by
buildings, if such coverage exceeds the applicable
maximum building area permitted herein;
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*as per OMB ruling
(ii)
reduce the size of any yard adjoining that portion of
such building or structure which is less than the
applicable minimum building setback required herein;
(iii)
reduce the distance between 2 buildings if such
distance is less than the applicable minimum building
separation required herein;
(iv)
increase the overall vertical dimension of such
building or structure if such dimension exceeds the
applicable maximum building height permitted herein;
(v)
reduce the dwelling unit area of any dwelling unit if
it is less than the applicable minimum dwelling unit
area required herein;
(vi)
reduce the gross floor area of any building or
structure if it is less than the applicable minimum
gross floor area required herein;
(vii)
increase the net floor area of any building or
structure if it exceeds the applicable maximum net
floor area permitted herein;
(viii)
reduce the portion of the lot used for landscaping
purposes if such portion is less than the applicable
minimum landscaping area required herein;
(ix)
reduce the size of any planting strip required herein; or
contravene any other zone provisions.
(b)
Alterations to Non-Complying Docks and Swim Rafts
Nothing in this By-law shall prevent the enlargement,
reconstruction, renovation or repair of an existing non-
complying dock or swim raft provided that the enlargement,
reconstruction, renovation or repair:
(i)
does not create any new deficiency;
(ii)
does not increase the degree of an existing deficiency;
and
(iii)
does not enlarge the dock or swim raft beyond the
maximum size permitted; save and except where the
original dock or swim raft was larger than the
permitted size, in which case the dock or swim raft
may be reconstructed, renovated or repaired to the
original size.
(c)
Existing Undersize Lots:
Notwithstanding anything to the contrary in this By-Law,
where a lot having a lesser lot area and/or lot frontage than
that required herein is held under distinct and separate
ownership from abutting lots, as shown by a registered
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*as per OMB ruling
conveyance in the records of the Registry of Land Titles Office
on the date of the passing of this By-law, or where such a lot
is created as a result of an expropriation, the smaller lot may
be used for a purpose permitted in the zone and a building
or structure may be erected, altered or used on the smaller
lot, provided such erection, alteration or use does not
contravene any other provisions of this By-Law.
(d)
Existing Buildings and Structures on the Shoreline Road
Allowance
Notwithstanding the above, if a building or structure is
partially or wholly located in the Shoreline Road Allowance,
it may be repaired or renovated but in no case will this imply
or permit the expansion of any structure unless the
Shoreline Road Allowance has been conveyed to private
ownership. For the purposes of clarification, repair shall be
defined as maintaining the habitation on a permanent or
seasonal basis as set out in the Ontario Building Code.
Further, renovated shall be defined as changes to an
existing structure to improve the conditions within a
structure for human habitation.
(a)
Rebuilding or Repair Permitted:
Nothing in this By-law shall prevent the rebuilding or repair of
an existing non-conforming building or structure that is
damaged or destroyed subsequent to the date of passing of
this By-law, provided that the external dimensions of the
original building or structure are not increased and the use
of the building or structure is not altered, unless altered to
a permitted use.
(b)
Strengthening Permitted:
Nothing in this By-law shall prevent the strengthening to a safe
condition of an existing non-conforming building or
structure, provided that the external dimensions of the
original building or structure are not increased and the use
of the building or structure is not altered, unless altered to
a permitted use.
(c)
Discontinuation of Use
Where a use, building or structure which was established
prior to the date of the passing of this By-Law has been used
for a purpose not permitted in the zone in which it is situated
52
*as per OMB ruling
but said use has been discontinued for a period of twelve
consecutive months or longer, the said building or structure
may only be used again for a use that conforms to this By-
Law.
(d)
Prior Approval of Plan
The regulations of this By-Law shall not apply to prevent the
erection or use of any land, building or structure, for a
purpose prohibited by the By-Law of where the building
permit has been issued prior to the date of the passing of the
By-Law, so long as the building or structure when erected
is used and continues to be used for the purpose for which it
was erected, and provided the erection of such building or
structure is commenced within six months after the date of
the passing of the By-Law and such building is substantially
completed within one year after the erection thereof is
commenced.
No person shall, within the Zoned area, use any land or erect, alter
or use any building or structure for any of the following purposes:
blood boiling use;
a fertilizer manufacturing use;
an animal or fish glue manufacturing use;
a gas manufacturing use;
a noxious use
a tannery.
(a)
Size:
Each parking space shall be at least 6 metres (20 feet) long,
3 metres (10 feet) wide and have a vertical clearance of at
least 2 metres (7 feet).
(b)
More Than One Use on a Lot:
When a building, structure or lot accommodates more than
one use, the parking space requirement for each building,
structure or lot shall be the sum of the requirements for the
separate uses thereof.
(c)
Location:
The required parking area shall not form a part of any street,
lane, delivery space or loading space. The required
53
*as per OMB ruling
parking area shall be provided on the lot occupied by the
building, structure or use for which the said parking area is
required.
(d)
Surface:
Each parking area, driveway and entrance connecting the
parking area with a street shall be maintained with a stable
surface which is treated so as to prevent the raising of dust or
loose particles.
(e)
Addition To or Change of Existing Use:
When a building or structure has insufficient parking
spaces on the date of passing of this By-law to comply with
the requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the
construction of any addition, if such addition does not increase
the gross floor area of such building or structure by more
than 10%. However, no addition may be built and no change
of use may occur if the effect of an addition or change of use
would be to increase such deficiency.
(f)
Restrictions in Residential Zones:
No person shall use any parking area or parking space in a
Residential zone except in accordance with the following:
(i)
Not more than one vehicle per dwelling unit shall be
a commercial motor vehicle as defined in The
Highway Traffic Act.
(ii)
No commercial vehicle in excess of three tonnes
(3,000 kilograms, 6,614 pounds) of gross vehicle
weight shall be stored in a residential zone.
(g)
Special Needs Parking:
Special needs parking spaces shall be provided for all
commercial and public uses listed in this by-law and zoning
schedules attached thereto at the rate of 1 space per 500
square metres (5,382 square feet) with a minimum of 2
spaces. Notwithstanding this provision any commercial or
public buildings with an area of 232 square metres (2,497
square feet) or less will only require one special needs
parking area. Special needs parking spaces should be a
minimum of 3.5 metres (11 feet ) wide with a 1.2 metre (4 foot)
aisle in between spaces and be located in close proximity to
the commercial or public establishment.
(h)
Additions To or Change in Use of Buildings:
54
*as per OMB ruling
The parking space requirements referred to herein will apply
to existing buildings where additions larger than 46 square
metres (495 square feet) are undertaken and to any building
where there is a change in occupancy to an occupancy that
requires a higher standard for parking area, the parking
areas will be added.
(a)
Landscaping area:
A planting strip referred to in this subsection may form part of
any landscaping area required by this By-law.
(b)
Interruption for Driveway or Walkway:
Where a driveway or walkway extends through a planting
strip, it shall be permissible to interrupt the planting strip within
3 metres (10 feet) of the edge of such driveway or within 1.5
metres (5 feet) of the edge of such walkway.
(c)
Vegetation Height in Sight triangle:
No vegetation within a sight triangle shall exceed a height
of 1 metre (3 feet).
(a)
Streets and Installations:
Nothing in this By-law shall prevent the use of land for a street
or prevent the installation of a water main, sanitary sewer
main, storm sewer main, gas main, pipeline, lighting fixture, or
overhead or underground electrical, telephone or other supply
or communication line, or structure clearly ancillary to the
foregoing, provided that the location of such street, main, line,
fixture or structure has been approved by the Corporation.
Notwithstanding the preceding sentence, this approval by the
Corporation shall not be required for any public works project
where the location of the streets, mains, lines, fixtures and
structures which make up such project have been authorized
pursuant to The Environmental Assessment Act.
(b)
Zones Where Permitted:
The provisions of this by-law do not apply to prevent any
public use as defined herein and such use, building or
structure may be permitted provided that:
(i)
The lot area and frontage and building setbacks
required for the zone in which such land, building or
55
*as per OMB ruling
structure is located are complied with;
(ii)
No goods, material or equipment are stored in the open
in a Residential zone or on a lot adjacent to a
residential zone;
(iii)
Any parking and/or loading requirements for the use
are complied with; and
(iv)
Areas not used for parking or storage shall be
maintained as landscaped open space.
(c)
Requirements in Residential Zones:
Any above-ground non-recreational public use which is
located in a Residential zone shall be enclosed in a building
designed, located and maintained in general harmony with the
Residential buildings permitted in such zone.
Reserved
Except as otherwise specifically permitted in this By-Law, no truck,
trailer, bus, coach, streetcar body, mobile home, portable
commercial structure, moveable office, shipping containers or part
thereof shall be used for residential, commercial, or industrial
purposes or for accessory storage purposes, whether or not the
same is mounted on wheels or other form of mounting or foundation.
(a)
Size:
The distance from the point of intersection of the street lines
shall be 7.5 metres (25 feet).
(b)
Uses Prohibited:
Within any area defined as a sight triangle, the following
uses shall be prohibited:
(i)
a building, structure or use which would obstruct the
vision of drivers of motor vehicles;
(ii)
a fence, tree, hedge, bush or other vegetation, the top
of which exceeds 1 metres (3 feet) in height above the
elevation of the street;
(iii)
any portion of a parking space;
(iv)
a berm or other ground surface which exceeds the
elevation of the street by more than 0.5 metres (2 feet);
(v)
a sign, other than a pole sign, the body of which is not
56
*as per OMB ruling
less than 4 metres (13 feet) above the elevation of the
centerline of the street.
Notwithstanding any other provision of this By-law to the contrary, a
second dwelling unit shall be permitted within a single detached
dwelling, a semi-detached dwelling, a row house dwelling or within
an accessory structure to these housing types where they are
identified as a permitted use. The following provisions shall also
apply:
(a)
Only one second dwelling unit per single detached, semi-
detached, or row house dwelling is permitted;
(b)
The second dwelling unit may be contained within the
primary dwelling unit, or in a building accessory to the
residential use, but not in both;
(c)
The second dwelling unit must be clearly subordinate to the
primary dwelling unit;
(d)
One off-street parking space shall be provided for the second
dwelling unit, in addition to any parking space required by
this by-law for the other residential unit(s). The off-street
parking associated with the dwelling unit(s) may be stacked
provided that the number of spaces so arranged does not
exceed two (2);
(e)
The second dwelling unit
must comply with the
requirements of the Ontario Building Code and Fire Code.
(f)
Second dwelling units which are located in accessory
buildings which are detached from the principal dwelling
shall comply with the following:
(i)
Be located no further than 30 metres from the principal
dwelling;
(ii)
Shall comply with the residential zone regulations of
the respective zone;
(iii)
Shall not be in the form of a mobile home or tourist
vehicle;
(iv)
If located in a serviced area is to be connected to the
municipal water and sewer services through the
existing dwelling;
(g)
That private amenity space to be situated outdoors, which is
a minimum of 7.5 square metres with a dimension being no
57
*as per OMB ruling
less than 1.5 metres be provided. Such space may be
provided in the form of a balcony, deck or patio;
(h)
That the second dwelling unit shall be registered with the
Township of North Kawartha in accordance with the normal
requirements of the Township;
(i)
Notwithstanding the above, second dwelling units shall not
be permitted:
(i)
Within a dwelling that is located in an Environmental
Constraint (EC) zone or in a floodplain;
(ii)
Within a dwelling that is permitted accessory to a
permitted non-residential use;
(iii)
On a lot containing a garden suite or sleeping cabin;
(iv)
Within a building that is accessory to i) or ii) above.
No person shall erect any building in any portion of the Zoned area
unless such building complies with the following street setback
requirements:
(a)
Provincial highway - as required by the Ministry of
Transportation or the minimum front building setback
required for such use in the zone where it is located,
whichever is greater.
(b)
Collector Road - as required by the County of Peterborough
for roads under their jurisdiction, where applicable, or the
minimum front building setback required for such use in the
zone where it is located, whichever is greater.
(c)
Other Street - The minimum front building setback required
for such use in the zone where it is located.
(d)
Deeded Private Right-of-way or Traveled Road - the
applicable building setback.
Notwithstanding the above, where a right-of-way runs through
a property under private ownership, the applicable setback
requirements for the main building shall be reduced to 50%
of those required by the zone provisions that would normally
apply to the property.
58
*as per OMB ruling
(a)
Location of Tourist vehicles:
No tourist vehicle shall be erected, altered or used in any
portion of the Zoned area except in a permitted tourist camp.
(b)
Location of Mobile homes:
No mobile home shall be erected, altered or used in any
portion of the Zoned area except in a permitted mobile home
park.
All new development and sewage system leaching beds shall be
setback at least 30 metres (100 feet) from the ordinary high water
marks of all water bodies.
(a)
Permitted Exceptions
Notwithstanding anything in this Section to the contrary,
structures such as pump houses, docks, boat launching
ramps, boat lifts, marine railways, holding tanks, septic tanks
and other treatment units shall be a permitted use and may
encroach into the 30 metre setback without a Minor Variance
or Zoning By-Law Amendment provided that the property
owner can demonstrate to the Township's satisfaction and, if
appropriate, the authority having jurisdiction over the
waterway, that it does not negatively affect the waterfront
environment and the use is permitted within that geographical
area of the Township.
Structures that are legally existing that do not comply with
the required setback provisions that require replacement due
to structural defects or destruction by fire or other natural
causes or by permitted demolitions will be permitted to be
replaced on the same footprint and may only be enlarged in
accordance with the provisions of this By-law and where the
enlargement does not further encroach into the 30 metre
setback.
Sewage system leaching beds, septic system pumping
chambers, and holding tanks requiring replacement due to
structural damage or malfunction should be setback a
minimum of 30 metres from the high water mark if possible
or to the greatest setback that is achievable to the satisfaction
of the authority having jurisdiction. Due to their importance in
ensuring public health and/or safety, a Minor Variance or
Zoning By-Law Amendment may not be required in the case
where the replacement system must be located within the 30
59
*as per OMB ruling
metre setback.
(b)
Vacant Lots of Record
Vacant lots of record as of October 22, 2008 shall attempt to
have structures and septic systems setback a minimum of
30 metres from the high water mark. Where it is not possible
to achieve the 30 metre setback, then new buildings and
structures shall be setback as far as possible from the high
water mark. In this regard, a Minor Variance or Zoning By-
Law Amendment for a reduced setback for the existing
vacant lots may be permitted provided that the relief is minor
in nature, maintains the intent of the Official Plan regarding
environmental objectives and is desirable and appropriate for
the area.
(c)
Stairs and Landings
Notwithstanding the above, stairs and landings which are
intended to provide safe access to land near the water's edge
are exempted from yard setbacks provided that such stairs
are not more than 1.25 metre (4.1 feet) in width and such
landings are not more than 1.52 metres (5 feet) by 1.25
metres (4.1 feet) in dimension
All new development on lands located within 120 metres of any
Provincially Significant Wetland as identified on the schedules to this
By-law shall be subject to a Holding (H) Provision which shall not be
lifted until the applicant has prepared an Environmental Impact Study
to Council's satisfaction demonstrating that development or site
alteration will not impact the wetland or its function. This provision
shall not apply to the expansion, replacement or renovation of an
existing dwelling.
60
*as per OMB ruling
SECTION 4 - HAMLET RESIDENTIAL (HR)
Apsley & Woodview
No person shall within any (HR) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more, of the following (HR) uses, namely
(a)
Residential Uses:
a dwelling house;
one unit of a semidetached dwelling on one lot;
one semi-detached dwelling on one lot;
one duplex dwelling on one lot
(b)
Accessory Uses:
a home occupation;
a second dwelling unit
No person shall within any (HR) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
- a dwelling house: 4,000 square metres (43,057 square
feet)
- one unit of a semi-detached dwelling: 3,000 square metres
(32,292 square feet)
- one semi-detached dwelling or duplex dwelling: 6,000
square metres (64,585 square feet)
(b)
Lot frontage (minimum):
- single-detached dwelling: 30 metres (100 feet)
- one unit of a semi-detached dwelling: 22.5 metres (75
feet)
- one semi-detached dwelling or duplex dwelling: 45
metres (148 feet)
(c)
Dwelling Unit Per Lot (maximum):
- 1 only for dwelling house
- 2 units for a duplex or semi-detached
(d)
Building area and Floor area
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*as per OMB ruling
- Building area: 20% maximum
- Floor area (minimum): Per unit - 45 square metres (484
square feet)
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% coverage of the
land area on that property encompassed within the area that
is the width of the property by the depth of the required
setback ie 30 metres (100 feet).
(e)
Front yard (minimum):
- 9 metres (30 feet)
(f)
Interior side yard (minimum):
- 4.5 metres (15 feet) for a dwelling house, semi-detached
dwelling on one lot or a duplex
- no interior side yard shall be required between the
common vertical wall dividing one dwelling unit from
another for a semi-detached dwelling
(g)
Exterior side yard (minimum):
- 9 metres (30 feet)
(h)
Rear yard (minimum):
- 9 metres (30 feet)
(i)
Water setback:
Except as otherwise provided in Section 3.30, a water setback
of at least 30 metres (100 feet) shall be required for all
buildings and structures from the high water mark of a
waterbody.
(j)
Building separation (minimum):
- 1.5 metres (5 feet)
(k)
Building height (maximum):
- 10 metres (33 feet)
(l)
Entrance setback (minimum):
- 3 metres (10 feet)
(m)
Parking Spaces (minimum):
(i)
Residential uses
2 for each dwelling unit and 2 for each additional
dwelling unit
(ii)
Accessory Uses
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*as per OMB ruling
The greater of: 2 per lot; or 1 for each 20 square
metres (215 square feet) of net floor area or portion
thereof and one for each employee not residing on the
property
(n)
Parking area:
(i)
No parking space shall be located within 3 metres (10
feet) of a lot line
(o)
Outside Storage is prohibited in the Hamlet Residential Zone
(p)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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*as per OMB ruling
SECTION 4.5 - GENERAL RESIDENTIAL ZONE (R)
USES PERMITTED
No person shall within any (R) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (R) uses, namely:
(a)
Residential Uses:
a dwelling house
a semi-detached dwelling
a duplex dwelling
(b)
Accessory Uses:
a home occupation;
a home profession;
a second dwelling unit
ZONE PROVISIONS
No person shall within any (R) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum)
- 4,000 square metres (43,057 square feet)
(b)
Lot Frontage (minimum)
- 45 metres (148 feet
(c)
Dwelling Houses Per Lot (maximum)
- 1 only
(d)
Building Area and Floor Area
(i)
Building area (maximum) - 15%
(ii)
Floor area (minimum) - 45 square metres (484 square
feet)
(iii)
Notwithstanding any provisions in this By-Law where
the main building/use is located within the 30 metre
(100 feet) setback will be limited to a maximum of 15%
of the land area on that property encompassed within
the area that is the width of the property by the depth
of the required setback ie 30 metres (100 feet).
(e)
Front Yard (minimum)
- 9.0 metres (30 feet)
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*as per OMB ruling
(f)
Interior Side Yard (minimum)
- 4.5 metres (15 feet)
(g)
Exterior Side Yard (minimum)
- 9.0 metres (30 feet)
(h)
Rear Yard (minimum)
- 9.0 metres (30 feet)
(i)
Water Setback
Except as otherwise provided for in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(j)
Building Separation (minimum)
- 1.5 metres (5 feet)
(k)
Building Height (maximum)
- 10 metres (33 feet)
(l)
Entrance Setback (minimum)
- 3 metres (10 feet)
(m)
Parking Spaces (minimum)
(i)
Residential uses
- 1 for each dwelling unit
(ii)
Non-Residential uses
- the greater of: 2 per lot; or 1 for each 20.0 square
metres (215 square feet) of net floor area or portion
thereof
(n)
General Provisions
In accordance with the provisions of Section 3 hereof
R-1 ZONE
R-1 Zone left blank for future use.
R-2 ZONE
Notwithstanding Section 4.5.1 and 4.5.2, hereof to the contrary, no
person shall in any "General Residential Two Zone (R-2)" in Lot 34,
Concession 1, Township of Anstruther and shown on Zone Map A-
13, use any land, or erect, alter or use any building or structure
65
*as per OMB ruling
except in accordance with the following provisions:
(a)
Uses Permitted in R-2 Zones:
- two, six - unit apartment buildings
(b)
Parking Spaces:
- 18 spaces provided
(c)
Special Provisions for R-2 Zones:
For the purposes of this section, apartment building shall
mean the whole of the building that contains more than four
apartment dwellings which have a common corridor.
R-3 ZONE
Notwithstanding Section 4.5.1 and 4.5.2, hereof to the contrary, no
person shall in any "General Residential Three Zone (R-3)" in Lot
14, Concession 11, Township of Burleigh (North) and shown on
Zone Map A-6; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Special Provisions for R-3 Zones:
No existing building or structure shall be extended nor
enlarged nor shall any new building or structure be erected.
R-4 ZONE
Notwithstanding Section 4.5.2 and 3.2 (a), hereof to the contrary, no
person shall in any "General Residential Four Zone (R-4)" in Lot 3,
Concession 5 (western portion), Township of Burleigh (South) and
shown on Zone Map A-2; use any land, or erect, alter or use any
building or structure except in accordance with the following
provisions:
(a)
Lot Area (minimum)
- 1.2 hectares (3.06 acres)
(b)
Frontage on Improved Streets
Said lot is exempt from the provisions of Section 3.2 (a) of this
By-Law.
R-5 ZONE
Notwithstanding Section 4.5.1 and 4.5.2, hereof to the contrary, no
person shall in any "General Residential Five Zone (R-5)", Lot 25,
Concession 15, Township of Burleigh (North) and shown on Zone
66
*as per OMB ruling
Map A-13; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Special Provisions for R-5 Zones:
Refer to Freestanding Zoning By-Law No. 16-1979 for specific
provisions.
R-6 ZONE
Notwithstanding Section 4.5.1 and 4.5.2, hereof to the contrary, no
person shall in any "General Residential Six Zone (R-6)", Lot 25,
Concession 15, Township of Burleigh (North) and shown on Zone
Map A-13; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Uses Permitted in R-6 Zones
a group home of a class providing support care of up to eight
(8) senior citizens
(b)
Special Provisions for R-6 Zones
Such home shall include accommodation for up to 8 persons,
plus any necessary care givers and shall include common
areas for eating, recreation, washing, laundry and other day
to day functions as are necessary. This home, inclusive of the
accommodation units, shall be considered as a dwelling
house.
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*as per OMB ruling
SECTION 5 - RURAL RESIDENTIAL ZONE (RR)
No person shall within any (RR) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (RR) uses, namely:
(a)
Residential Uses:
a dwelling house.
(b)
Accessory Uses:
a home industry; or
a home occupation;
a second dwelling unit
No person shall within any (RR) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
1 hectare (2.47 acres)
(b)
Lot frontage (minimum):
60 metres (200 feet)
(c)
Dwelling houses Per Lot (maximum):
1 only
(d)
Building area and Floor area
(i)
Building area (maximum): 15%
(ii)
Floor area (minimum)
Single Storey: 45 square metres (484 square feet)
1-1/2, Split or 2 Storey: 55 square metres (600 square
feet of ground floor area
(iii)
Notwithstanding any provisions in this By-Law where
the main building/use is located within the 30 metre
(100 feet) setback will be limited to a maximum of 15%
of the land area on that property encompassed within
the area that is the width of the property by the depth
of the required setback ie 30 metres (100 feet).
(e)
Front yard (minimum):
15 metres (50 feet)
68
*as per OMB ruling
(f)
Interior side yard (minimum):
9 metres (30 feet)
(g)
Exterior side yard (minimum):
15 metres (50 feet)
(h)
Rear yard (minimum):
9 metres (30 feet)
(i)
Water setback:
Except as otherwise provided in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(j)
Building separation (minimum):
1.5 metres (5 feet)
(k)
Building height (maximum):
11 metres (36 feet)
(l)
Entrance setback (minimum):
9 metres (30 feet)
(m)
Parking Spaces (minimum):
(i)
Residential uses
1 for each dwelling unit
(ii)
Accessory uses
the greater of: 2 per lot; or 1 for each 20 square metres
(215 square feet) of net floor area or portion thereof.
(iii)
1 for each employee
(n)
General Provisions:
In accordance with the provisions of Section 3 hereof.
All of the provisions and regulations of Section 5.1 and 5.2 shall apply
to the 'Rural Residential One Zone (RR-1)' in Lot 3, Concession 5,
Township of Burleigh (South) and shown on Zone Map A1; and the
following special provision shall also apply:
(a)
USES PERMITTED IN RR-1 ZONES:
a small engine repair and sales outlet
69
*as per OMB ruling
The RR-2 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
All of the provisions and regulations of Section 5.1 and 5.2 shall apply
to the "Rural Residential Three Zone (RR-3)' in Lot 4, Concession
5, Township of Burleigh (South) and shown on Zone Map A1; and
the following special provision shall also apply:
(a)
The operation of an automotive and marine repair facility in
an existing 223 square metres (2,400 square foot) accessory
building.
The RR-4 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
All of the provisions and regulations of Section 5.1 and 5.2 shall apply
to the 'Rural Residential Five Zone (RR-5)' in Lot 21, Concession
16, Township of Burleigh (North) and shown on Zone Map A8; and
the following special provision shall also apply:
(a)
USES PERMITTED IN RR-5 ZONES:
a landscape contraction business and retail outlet for the sale
of shrubs, trees, plants, silk plants, and landscape products.
70
*as per OMB ruling
SECTION 6 - SHORELINE RESIDENTIAL ZONE (SR)
No person shall within any SR zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following SR uses, namely:
(a)
Residential Uses:
a recreation dwelling house;
(b)
Recreational Uses:
a dock;
(c)
Accessory Uses:
a bunkhouse;
a private park;
a home occupation, excluding a bed and breakfast
establishment;
a marine facility;
No person shall within any SR zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
0.5 hectares (1.2 acres)
(b)
Lot frontage (minimum):
46 metres (150 feet)
(c)
*Recreational Dwellings Houses per Lot (maximum):
1 only
(d)
Bunkhouse per Lot (maximum):
1 only having a maximum area of 37 square metres (400
square feet) in measurement outside dimensions inclusive of
all area (porches/open decks/etc.). Washroom facilities may
be permitted in bunkhouses, with the approval of the
authority having jurisdiction for a sleeping area with waste
disposal. No cooking facilities are permitted.
(e)
Vacant
(f)
Building area and Floor area
71
*as per OMB ruling
(i)
Building area (maximum)
- Main Dwelling unit: 10% of lot area
- Accessory buildings, Structures and Uses: 5% of
lot area
(ii)
Floor area (minimum)
- Single Storey: 45 square metres (484 square feet)
- 1-1/2, Split or 2 Storey - 55 square metres (600
square feet) of ground floor area
(g)
Front yard (minimum)
9 metres (30 feet)
(h)
Interior side yard (minimum):
4.5 metres (15 feet)
(i)
Exterior side yard (minimum):
9 metres (30 feet)
(j)
Rear yard (minimum):
9 metres (30 feet)
(k)
Water setback:
Except as otherwise provided in Section 3.30 nd 6.2 (q), a
water setback of at least 30 metres (100 feet) shall be
required from the high water mark of a waterbody.
(l)
Building separation (minimum):
1.5 metres (5 feet)
(m)
Building height (maximum):
7.6 metres (25 feet)
(n)
Vacant
(o)
Entrance setback (minimum):
9 metres (30 feet)
(p)
Parking Spaces (minimum):
2 for each dwelling unit plus 1 per private cabin, behind
established building line
(q)
Shoreline Building Enlargements
The enlargement of main or accessory buildings into or
further into the water setback, and towards the waterbody,
than that which already exists is not permitted.
72
*as per OMB ruling
Notwithstanding Sections 3.18(a)(ii) and 3.30, existing main
buildings situated within the water setback may be enlarged
towards the side lot lines provided such final enlarged main
building, including decks is not wider across the front than
forty percent (40%) of the existing shoreline lot frontage to
a maximum of 18.3 metres (60 feet) provided however new,
open, attached decks and enlargements to existing decks
will not be permitted within 9 metres (30 feet) of the high
water mark inclusive of a free standing screened porch or
gazebo, 12 square metres (144 square feet) in area separate
from the cottage and located on the deck. The definition of
the front of the building is inclusive of any front portion/face
of the building or attachment thereto that is facing the water.
Applicable side yard requirements as stated for this zone
must be complied with, provided however no building
enlargement shall take place within 9 metres (30 feet) of the
high water mark.
*Notwithstanding Sections 3.18(a) (ii) and 3.30 new, open,
attached decks and enlargements to existing decks will be
permitted in the water setback up to a total finished maximum
of 3.7 metres (12 feet) in depth from (1) the main building
existing as of the date of OMB approval of this by-law, (2) a
main building located outside of the water setback that
replaces a main building that was previously located within the
water setback and was demolished pursuant to a demolition
permit issued by the Township of North Kawartha, and (3) a
main building located outside of the water setback that was
relocated from within the water setback.
For the purpose of this section, open decks shall not be
supported by permanent walls or a perimeter foundation nor
shall they have a permanent roof. This section shall not apply
to boathouses.
SR-P ZONES
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the 'Shoreline Residential (SR-P) Zone.
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the 'Shoreline Residential One Zone (SR-1)' in west Part Island
16, on Grassy Island in the Township of Burleigh (South) and shown
73
*as per OMB ruling
on Zone Map A1; and the following special provisions shall also
apply:
(a)
Uses permitted in SR-1 Zones:
a second private cabin
a marine facility
(b)
Gross floor area of second private cabin (maximum):
27 square metres (300 square feet)
(c)
Special provisions for second private cabin
The cabin shall not contain sanitary conveniences, or cooking
facilities.
6.4.1 Notwithstanding Section 6.1 and 6.2, hereof to the contrary, no
person shall in any 'Shoreline Residential Two Zone (SR-2)' in Lot
3, Concession 7 (Northern portion, parts 1 &4), Township of
Burleigh (South) and shown on Zone Map A2; use any land, or
erect, alter or use any building or structure except in accordance
with the following provisions:
(a)
Uses permitted in SR-2 Zones:
a garage only
(b)
Lot area (minimum):
0.21 hectares (0.5 acres)
(c)
Gross Floor Area of garage (maximum):
60.38 square metres (650 square feet)
6.4.2 Notwithstanding Section 6.1 and 6.2, hereof to the contrary, no
person shall in any 'Shoreline Residential Two Zone (SR-2)' in Lot
3, Concession 7 (Southern portion, part 3), Township of Burleigh
(South) and shown on Zone Map A2; use any land, or erect, alter
or use any building or structure except in accordance with the
following provisions:
(a)
Uses permitted in SR-2 Zones:
a single car park
(b)
Lot area (minimum):
39 square metres (420 square feet)
(c)
Lot frontage (minimum):
74
*as per OMB ruling
6 metres (20 feet)
All of the provisions and regulation of Section 6.1 and 6.2 shall apply
to the "Shoreline Residential Three Zone (SR-3)' in Lot 3,
Concession 8, Township of Burleigh (South) and shown on Zone
Map A2; and the following special provision shall also apply:
(a)
Gross Floor Area of a private cabin (maximum)
- 66.88 square metres (720 square feet)
(b)
Special provisions for a private cabin:
The cabin shall not contain sanitary conveniences, or cooking
facilities.
Notwithstanding Section 6.1 and 6.2, hereof to the contrary, no
person shall in any 'Shoreline Residential Four Zone (SR-4)' in Lot
3, Concession 10, Township of Burleigh (South) and shown on Zone
Map A2; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Special Provisions for SR-4 Zones
Refer to Freestanding Zoning By-Law No. 18-1980 for specific
provisions.
Notwithstanding Section 6.1 and 6.2, hereof to the contrary, no
person shall in any 'Shoreline Residential Five Zone (SR-5)', being
a portion of a plan of subdivision in Lot 8, Concession 5, Township
of Burleigh (South) and shown on Zone Map A3; use any land, or
erect, alter or use any building except in accordance with the
following provisions:
(a)
Uses permitted in SR-5 Zones:
a dwelling house
(b)
Lot area (minimum):
0.34 hectares (1 acre)
(c)
Lot frontage (minimum):
38 metres (125 feet)
75
*as per OMB ruling
(d)
Water setback
30 metres (100 feet) from the high water mark of a water
body.
No person shall within any Shoreline Residential Zones (SR-6) use
any land, or erect, alter or use any building or structure except in
accordance with the following provisions:
(a)
Permitted uses:
a recreation dwelling
(b)
Lot requirements:
Minimum Lot area - 4 Ha (10 acres)
Minimum Lot Frontage on a navigable waterway - 90 metres
(300 ft)
(c)
Minimum floor area
Single storey - 70 45 sq. metres (750 sq. ft.)
1-1/2 storey, split level or 2 storey - minimum 55 sq. metres
(600 sq. ft.) of ground floor area
(d)
Maximum floor area
232 sq. metres (2500 sq. ft.)
(e)
Maximum height
9 metres (30 feet)
(f)
Minimum front yard
- 15 m (50 feet), save and except where a lot fronts on a
watercourse, waterbody or shoreline road allowance, the
front yard requirement shall be 30 metres (100 feet). The
latter distance to be measured from the high water mark,
including lots which abut the shoreline road allowance
(g)
Minimum interior side yard
4.5 metres (15 feet)
(h)
Minimum exterior side yard
6 metres (20 feet)
(i)
Minimum rear yard
6 metres (20 feet)
(j)
Parking spaces (minimum)
76
*as per OMB ruling
2 for each dwelling unit plus 1 per private cabin, behind
established building line
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the 'Shoreline Residential 7 Zone (SR-7)' and the following
special provisions shall also apply:
(a)
Uses permitted in SR-7 Zones:
a private camp defined as a youth camp for recreational
activities of private camp patrons including sleeping cabins,
dining hall and kitchen facilities, washroom facilities, craft
buildings, workshop, an office, accessory uses buildings
including a residence for the owner, caretaker or watchman.
(b)
Water frontage (minimum)
76 metres (250 feet)
(c)
Lot area (minimum)
23 ha (56.8 acre)
(d)
Minimum yard requirement from the high water mark
60 metres (200 feet)
(e)
Side yard (minimum)
15 metres (50 feet)
(f)
Minimum yard requirements for camp buildings and
structures from the Balmer Road but excluding a residence
for the owners, caretaker or watchman
30 metres (98 feet)
(g)
Lot coverage (maximum)
15%
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the 'Shoreline Residential 8 Zone (SR-8)' and the following:
a)
Water frontage (minimum)
135.076 metres (481 feet)
b)
Lot area (minimum)
77
*as per OMB ruling
Note: On the properties zone SR-8 and SR-9 the Environmental
Impact Study (EIS) dated January, 2006 by Niblett and Associates
are applicable and all requirements and recommendations apply.
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the 'Shoreline Residential 9 Zone (SR-9)' and the following:
a)
Water frontage (minimum)
151.077 metres (491 feet)
b)
Lot area (minimum)
11.74 hectares (29 acres)
Note: On the properties zoned SR-8 and SR-9 the Environmental
Impact Study (EIS) dated January, 2006 by Niblett and Associates
are applicable and all requirements and recommendations apply.
All of the provisions and regulations of Section 6.1 and 6.2 shall apply
to the "Shoreline Residential 10 Zone (SR-10) and the following:
(a)
Notwithstanding any other provisions in this by-law, stairs and
landings are not permitted in the 30 metre (97.5 foot) water
yard setback which will be classified as a Vegetation Buffer
zone.
(b)
Notwithstanding the Shoreline Building Enlargement of
zone provisions in a Shoreline Residential Zone, a 3.7 metre
(12 foot) in width open deck is not permitted in the 30 metre
(97.5 foot) water setback setback which will be classified as
a Vegetation Buffer zone.
(c)
Site Plan control will be applicable to the properties subject to
Consent Applications B-190-04 and B-191-04 and the
approved Environmental Impact Study by Curry Jefferson &
Associates as ordered by the Ontario Municipal Board (OMB).
Notwithstanding Section 3.5 (a) of By-law 26-2013, as amended, on
lands located in the SR-81 Zone, legally described as Part 1, Plan
42R-12035, located in Part of Lot 3, Concession 11 S.D, in the
geographic Township of Burleigh, now in the Township of North
78
*as per OMB ruling
Kawartha, a primary and a secondary dwelling unit shall be permitted
in the SR-81 Zone subject to the following regulations:
(a)
The minimum lot area shall be 0.465 hectares;
(b)
The maximum ground floor area of the primary dwelling shall
be 156.08 square metres;
(c)
The maximum height of the primary dwelling unit shall be 4.9
metres;
(d)
The maximum ground floor area of the secondary dwelling
shall be 91.8 square metres;
(e)
The maximum floor area of a boathouse shall be 88 square
metres;
(f)
The maximum ground floor area of an attached open deck on
the secondary dwelling shall be 92 square metres;
(g)
The maximum ground floor area of an attached screened-in
porch on the secondary dwelling shall be 58.1 square metres;
(h)
The minimum shoreline setback for the primary dwelling shall
be 18.3 metres;
(i)
The minimum shoreline setback for an attached deck to the
primary dwelling shall be 13 metres;
(j)
The minimum shoreline setback for the attached deck to a
secondary dwelling shall be 16.92 metres and shall be 21.18
metres for the exterior wall;
(k)
The maximum height of a secondary dwelling shall be 7.01
metres;
(l)
The maximum total lot coverage for all buildings and
structures shall not exceed 9.6%.
For the purpose of the SR-81 Zone, the secondary dwelling shall be
used exclusively in an accessory manner to the principle residence
and shall not be used for commercial purposes or as a bed and
breakfast.
79
*as per OMB ruling
SECTION 7 - SHORELINE RESIDENTIAL ISLAND
ZONE (SRI)
No person shall within any (SRI) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (SRI) uses, namely:
(a)
Residential Uses:
a recreation dwelling house;
(b)
Recreational Uses:
a dock;
(c)
Accessory Uses:
a bunkhouse
a marine facility;
No person shall within any (SRI) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
0.5 hectares (1.2 acre)
(b)
Lot frontage (minimum):
46 metres (150 feet)
(c)
Recreation dwelling houses Per Lot (Maximum):
1 only
(d)
Bunkhouse per Lot (maximum):
1 only having a maximum area of 37 square metres (400
square feet) in measurement outside dimensions inclusive of
all area (porches/open decks/etc.). Washroom facilities may
be permitted in bunkhouses, with the approval of the
authority having jurisdiction for a sleeping area with waste
disposal. No cooking facilities are permitted.
(e)
Vacant
(f)
Building area and Floor area
(i)
Building area (maximum)
80
*as per OMB ruling
- Main Dwelling unit: 10%
- Accessory buildings, Structures & Uses - 5%
(ii)
Floor area (minimum)
- Single Storey: 45 square metres (484 square feet)
- 1-1/2, Split or 2 Storey - 55 square metres (600
square feet) of ground floor area
(g)
Interior side yard (minimum):
4.5 metres (15 feet)
(h)
Exterior side yard (minimum):
9 metres (30 feet)
(i)
Rear yard (minimum):
9 metres (30 feet)
(j)
Water setback:
Except as otherwise provided in Section 3.30 and 6.2(o), a
water setback of at least 30 metres (100 feet) shall be required
from the high water mark of a waterbody at any location on
the circumference of the island.
(k)
Building separation (minimum):
1.5 metres (5 feet)
(l)
Building height (maximum):
7.6 metres (25 feet)
(m)
Vacant
(n)
Parking Spaces (minimum):
1 per each dwelling unit plus 1 per bunkhouse. It must be
shown that adequate mainland parking and docking is
provided.
Adequate mainland parking is a mainland property within the
ownership of the island property owner or a designated spot
for parking and dockage at a commercial or private property
holding on the mainland.
(o)
Shoreline Building Enlargements:
The enlargement of main or accessory buildings into or
further into the water setback and towards the waterbody,
than that which already exists is not permitted.
Notwithstanding Sections 3.18(a) (ii) and 3.30 existing main
81
*as per OMB ruling
buildings situated within the water setback may be enlarged
towards the side lot lines provided such final enlarged main
building, including decks is not wider across the front than
forty percent (40%) of the existing shoreline lot frontage to
a maximum of 18.3 metres (60 feet). The definition of the front
of the building is inclusive of any front portion/face of the
building or attachment thereto that is facing the water.
Applicable side yard requirements as stated for this zone
must be complied with, provided however no building
enlargement shall take place within 9 metres (30 feet) of the
high water mark.
*Notwithstanding Sections 3.18(a) (ii) and 3.30 new, open,
attached decks and enlargements to existing decks will be
permitted in the water setback up to a total finished maximum
of 3.7 metres (12 feet) in depth from 1) the main building
existing as of the date of OMB approval of this by-law, (2) a
main building located outside of the water setback that
replaces a main building that was previously located within the
water setback and was demolished pursuant to a demolition
permit issued by the Township of North Kawartha, and (3) a
main building located outside of the water setback that was
relocated from within the water setback.
For the purpose of this section, open decks shall not be
supported by permanent walls or a perimeter foundation nor
shall they have a permanent roof.
(p)
General Provisions:
In accordance with the provisions of Section 3 hereof.
82
*as per OMB ruling
SECTION 8 - INSTITUTIONAL ZONES (I)
No person shall within any (I) zone use any lot or erect, alter, locate
or use any building or structure for any purpose except one or
more of the following (I) uses, namely:
(a)
Residential Uses:
a dwelling house or dwelling unit accessory to a church.
(b)
Permitted Uses:
an auditorium;
a municipal office;
a cemetery;
a municipal parking lot;
a church;
a museum;
a clinic;
a post office;
a club;
a public library;
a fire hall;
a school;
an arena
a financial office
a community centre
No person shall within any (I) zone use any lot or erect, alter, locate
or use any building or structure except in accordance with the
following provisions:
(a)
Lot area (minimum):
2,040 square metres (21,959 square feet)
(b)
Lot frontage (minimum):
38 metres (125 feet)
(c)
Building area (maximum): 30%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
(d)
Front yard (minimum):
15 metres (50 feet)
(e)
Interior side yard (minimum):
4.5 metres (15 feet)
83
*as per OMB ruling
(f)
Exterior side yard (minimum):
15 metres (50 feet)
(g)
Rear yard (minimum):
9 metres (30 feet)
(h)
Water setback:
Except as otherwise provided in Section 3.30 a water
setback of a least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(i)
Building separation (minimum):
3 metres (10 feet) (unless otherwise required by the Ontario
Building Code or Fire Code)
2
(j)
Building height (maximum):
11 metres (36 feet)
(k)
Dwelling unit Floor area:
The minimum floor area requirement for accessory dwelling
units shall be 45 square metres (484 square feet).
(l)
Planting Strip Location:
A planting strip shall be required along any portion of a rear
lot line or any portion of a side lot line which abuts a
Residential zone or which abuts a lot having a Residential
use situated thereon.
(m)
Planting Strip Width (minimum):
3 metres (10 feet)
(n)
Entrances per Lot (maximum):
(o)
Entrance setback (minimum):
6 metres (20 feet) unless a greater distance is required by the
appropriate road authority
(p)
Entrance separation (minimum):
22.5 metres (75 feet)
(q)
Entrance width (minimum):
3 metres (10 feet)
(r)
Entrance width (maximum):
84
*as per OMB ruling
9.5 metres (30 feet)
(s)
Driveway setback (minimum):
1.5 metres (5 feet) provided that where a lot line abuts a
Residential zone or abuts a lot having a Residential use
situated thereon, the minimum driveway setback from such
lot line shall be 4.5 metres (15 feet).
(t)
Parking Spaces (minimum)
(i)
Residential uses
1 for each dwelling unit.
(ii)
auditorium or church
the greater of: 1 for each 5 fixed seats or fraction
thereof; or 1 for each 9 square metre (97 square feet)
of net floor area or portion thereof.
(iii)
Clinic
the greater of: 4 for each practitioner; or 1 for each 10
square metres (108 square feet) of net floor area or
portion thereof.
(iv)
Club
the greater of: 1 for each 18 square metres (194 square
feet) of net floor area or portion thereof; or 1 for each
4 persons design capacity.
(v)
fire hall, museum, post office or public library
1 for each 45 square metres (484 square feet) of net
floor area or portion thereof.
(vi)
municipal office
1 for each 30 square metres (322 square feet) of net
floor area or portion thereof.
(vii)
school, elementary (up to grade 8)
2 for each classroom.
(viii)
other accessory uses
not applicable
(ix)
community centre
the greater of: 1 for each 18.0 square metres (194
square feet) of net floor area or portion thereof; or 1
for each 4 persons design capacity
(x)
arena
85
*as per OMB ruling
the greater of: 1 for each 18.0 square metres (194
square feet) of net floor area or portion thereof; or 1
for each 4 persons design capacity
(u)
Parking Space Location:
No part of any parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon; or
(iii)
within the water setback
(v)
Delivery spaces (minimum):
(i)
Residential uses
not applicable
(ii)
auditorium, cemetery, church or clinic
2 per lot
(iii)
club, museum, post office or public library
1 per lot
(iv)
school
4 per lot
(v)
other permitted uses
not applicable
(w)
General Provisions:
In accordance with the provisions of Section 3 hereof.
86
*as per OMB ruling
SECTION 9 - GENERAL COMMERCIAL ZONE (C)
No person shall within any (C) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (C) uses, namely:
(a)
Residential Uses:
an accessory dwelling house or
an accessory dwelling unit (apartment)
(b)
Permitted Uses:
an auditorium;
a personal service shop;
a business office;
a post office;
a professional office;
a funeral home;
a financial office;
a restaurant;
a recreational establishment; a parking area;
a retail store;
a telephone exchange;
a merchandise service shop;
a dry cleaning or laundry outlet;
a food truck
No person shall within any (C) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
3,000 square metres (32,280 square feet)
(b)
Lot frontage (minimum):
38 metres (125 feet)
(c)
Dwelling units Per Lot (maximum):
1 only
(d)
Building area (maximum): 25%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
87
*as per OMB ruling
(e)
Front yard (minimum):
15 metres (50 feet)
(f)
Interior side yard (minimum):
4.5 metres (15 feet), provided that where a side lot line abuts
a Residential zone or abuts a lot having a Residential use
situated thereon, the minimum side yard requirement shall
be 7.5 metres (25 feet).
(g)
Exterior side yard (minimum):
15 metres (50 feet)
(h)
Rear yard (minimum):
12 metres (40 feet) provided that where a lot line abuts a
Residential zone or abuts a lot having a Residential use
situated thereon, the minimum rear yard requirement shall
be 15 metres (50 feet).
(i)
Water setback
Except as otherwise provided in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(j)
Building separation (minimum):
3 metres (10 feet) (unless otherwise required by the Ontario
Building Code and the Fire Code)
(k)
Building height (maximum):
11 metres (36 feet)
(l)
Dwelling unit areas (minimum):
45 square metres (484 square feet)
(m)
Planting Strip Location:
A planting strip shall be required along any portion of a rear
lot line or any portion of a side lot line which abuts a
Residential zone or abuts a lot having a Residential use
situated thereon.
(n)
Planting Strip Width (minimum):
3 metres (10 feet)
(o)
Entrances per Lot (maximum):
2
(p)
Entrance setback (minimum):
88
*as per OMB ruling
15 metres (50 feet)
(q)
Entrance separation (minimum):
22.5 metres (75 feet) unless a greater distance is required by
the appropriate road authority
(r)
Entrance width (minimum):
3 metres (10 feet)
(s)
Entrance width (maximum):
9.5 metres (30 feet)
(t)
Driveway setback (minimum):
15 metres (50 feet
(u)
Parking Spaces (minimum):
(i)
Residential uses
1 for each dwelling unit.
(ii)
auditorium/arena
1 for each 5 fixed seats or fraction thereof.
(iii)
business/financial office or professional office
1 for each 30 square metres (323 square feet) of net
floor area or portion thereof.
(iv)
funeral home
1 for each 10 seats or fraction thereof.
(v)
Restaurant
the greater of: 1 for each 15 square metres (161 square
feet) of net floor area; or 1 for each 4 persons design
capacity of all dining rooms.
(vi)
other accessory uses
1 for each 30 square metres (320 square feet) of net
floor area or portion thereof.
(v)
Parking Space Location:
No part of any parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon; or
(iii)
within the Water setback
(w)
Delivery spaces (minimum):
(i)
Residential uses
not applicable
(ii)
auditorium
89
*as per OMB ruling
1 per lot
(iii)
other permitted uses
not applicable
(x)
Loading spaces (minimum):
(i)
Residential uses
not applicable
(ii)
business/financial office, personal service shop,
professional office or restaurant
not applicable
(iii)
other permitted uses
1 for each 2,400 square metres (25,834 square feet) of
net floor area or portion thereof in excess of 200
square metres (2,153 square feet).
(y)
General Provisions:
In accordance with the provisions of Section 3 hereof.
All of the provisions and regulations of Section 9.1 and 9.2 shall apply
to the 'General Commercial One Zone (C-1)' in Lot 9, Concession
10, Township of Burleigh (North) and shown on Zone Map A5; and
the following special provisions shall also apply:
(a)
Uses permitted in C-1 Zones:
a licensed restaurant
recreation uses that do not need permanent structures;
including but not limited to hunting, fishing, canoeing and
camping
Notwithstanding Section 9.1 and 9.2, hereof to the contrary, no
person shall in any 'General Commercial Two Zone (C-2)' in Lot 7,
Concession 5, Township of Burleigh (South) and shown on Zone
Map A1; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Uses permitted in C-2 Zones:
a woodworking shop
a retail outlet
a shop and retail outlet for automotive parts and five (5)
antique vehicles
a dwelling house
90
*as per OMB ruling
All of the provision and regulations of Section 9.1 and 9.2 shall apply
to the 'General Commercial Three Zone (C-3)' in Lot 34, Concession
2, Township of Anstruther and shown on Zone Map A8; and the
following special provision shall also apply:
(a)
Uses permitted in C-3 Zones:
a garden centre for the sale of plants, vegetables and
landscaping products
All of the provisions and regulations of Section 9.1 and 9.2 shall apply
to the 'General Commercial Four Zone (C-4)' in Lot 24, Concession
14, Township of Burleigh (North) and shown on Zone Map A8; and
the following special provisions shall also apply:
(a)
Uses permitted in C-4 Zones:
The housing of domestic pets accessory to a veterinary clinic
All of the provisions and regulation of Section 9.1 and 9.2 shall apply
to the 'General Commercial Five Zone (C-5) in Lot 34, Concession
1, Township of Anstruther and shown on Zone Map A8; and the
following special provision shall also apply:
(a)
Uses permitted in C-5 Zones:
15 self contained apartment units;
retail stores;
a restaurant.
The C-6 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
All of the provisions and regulations of Section 9.1 and 9.2 shall apply
to the 'General Commercial Seven Zone (C-7)' in Lots 11 & 12,
Concession 11, Township of Burleigh (North) and shown on Zone
Map A5; and the following special provision shall also apply:
(a)
Uses permitted C-7 Zones:
91
*as per OMB ruling
retail sales of bait and pet food
one dwelling house
92
*as per OMB ruling
SECTION 10 - SERVICE COMMERCIAL ZONE (CH)
No person shall within any (CH) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (CH) uses, namely:
(a)
Residential Uses:
an accessory dwelling unit (apartment); or
an accessory dwelling house.
(b)
Permitted Uses:
an automobile service station;
a commercial garage;
a drive-in restaurant;
an equipment or machinery sales and/or service
establishment;
a farm implement sales and/or service establishment;
a fuel pump island;
a hotel;
a manufacturing use accessory to a permitted (CH) use;
a merchandise service shop;
a motel;
an open storage area accessory to a vehicle agency;
an outside display or sales area accessory to a (CH) use;
a restaurant;
a retail store;
a vehicle agency;
a marina & recreational equipment sales and service
establishment
a food truck
No person shall within any (CH) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
3,000 square metres (32,280 square feet)
(b)
Lot frontage (minimum):
38 metres (125 feet)
(c)
Dwelling units Per Lot (maximum):
93
*as per OMB ruling
1 only
(d)
Building area (maximum): 30%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
(e)
Front yard (minimum):
15 metres (50 feet)
(f)
Interior side yard (minimum):
4.5 metres (15 feet) not beside residential zone
7.5 metres (25 feet) beside residential zone
(g)
Exterior side yard (minimum):
15 metres (50 feet)
(h)
Rear yard (minimum):
12 metres (40 feet) provided that where a rear lot line abuts
a Residential zone or abuts a lot having a Residential use
situated thereon, the minimum rear yard requirement shall
be 15 metres (50 feet).
(i)
Water setback
Except as otherwise provided in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(j)
Building separation (minimum):
3 metres (10 feet)
(k)
Building height (maximum):
11 metres (36 feet)
(l)
Dwelling unit areas (minimum):
45 square metres (484 square feet)
(m)
Planting Strip Location:
A planting strip shall be required along any portion of a rear
lot line or any portion of a side lot line which abuts a
Residential zone or abuts a lot having a Residential use
situated thereon.
94
*as per OMB ruling
(n)
Planting Strip Width (minimum):
3 metres (10 feet)
(o)
Entrances per Lot (maximum):
2
(p)
Entrance setback (minimum):
15 metres (50 feet)
(q)
Entrance separation (minimum):
22.5 metres (75 feet)
(r)
Entrance width (minimum):
3 metres (10 feet)
(s)
Entrance width (maximum):
9.5 metres (30 feet)
(t)
Driveway setback (Minimum):
15 metres (50 feet)
(u)
Parking Spaces (minimum):
(i)
Residential uses
1 for each dwelling unit
(ii)
drive-in restaurant
the greater of: 10 per establishment; or 1 for each 2.5
square metres (27 square feet) of gross floor area or
portion thereof.
(iii)
automobile service station, commercial garage or
gasoline pump island
10 per lot
(iv)
hotel or motel
1 per guest room plus 1 for each 5 square metres (54
square feet) of net floor area in all beverage rooms
plus 1 for each 30 square metres (323 square feet) of
net floor area in all dining rooms and meeting rooms.
(v)
open storage area or outside display area
none
(vi)
restaurant
the greater of: 1 for each 15 square metres (161 square
feet) of net floor area; or 1 for each 4 persons design
capacity of all dining rooms.
(vii)
other permitted uses
1 for each 30 square metres (320 square feet) of gross
floor area or portion thereof.
95
*as per OMB ruling
(v)
Parking Space Location:
No part of any parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon; or
(iii)
within the water setback
(w)
Delivery spaces (minimum):
(i)
Residential uses
not applicable
(ii)
drive-in restaurant or restaurant
1 per lot
(iii)
hotel or motel
1 per lot
(iv)
other accessory uses
not applicable
(x)
Loading spaces (minimum):
(i)
Residential uses
not applicable
(ii)
drive-in restaurant or restaurant
not applicable
(iii)
commercial garage or fuel pump island
1 per lot
(iv)
other permitted uses
1 for each 2,400 square metres (25,835 square feet) of
gross floor area or portion thereof in excess of 200
square metres (2,153 square feet).
(y)
Fuel pump island location:
No part of any fuel pump island shall be located closer than:
(i)
6 metres (20 feet) to any lot line; or
(ii)
3 metres (10 feet) to any sight triangle.
(z)
Outside Display or Sales Area Regulations:
No outside display or sales area shall be permitted except in
accordance with the following provisions:
(i)
no outside display or sales area shall be permitted in a
rear yard adjacent to a rear lot line of such lot which
abuts a Residential zone or abuts a lot having a
Residential use situated thereon; and
(ii)
no outside display or sales area shall be permitted in a
side yard adjacent to a side lot line of such lot which
abuts a Residential zone or abuts a lot having a
96
*as per OMB ruling
Residential use situated thereon.
(aa)
Open storage area Regulations:
No open storage area shall be permitted except in
accordance with the following provisions.
(i)
no open storage area shall be permitted in a rear yard
adjacent to a rear lot line of such lot which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon;
(ii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which abuts
a Residential zone or abuts a lot having a Residential
use situated thereon;
(iii)
every open storage area or lot having an open
storage area situated thereon shall be enclosed by a
wall or fence not less than 2 metres (7 feet) in height
and constructed of uniform material; and
(iv)
no portion of any open storage area for combustible
materials shall be located closer than 6 metres (20 feet)
to any lot line.
(bb)
General Provisions
In accordance with the provisions of Section 3 hereof.
All of the provisions and regulations of Section 10.2 shall apply to the
'Service Commercial One Zone (CH-1) in Lot 11, Concession 6,
Township of Burleigh (South) and shown on Zone Map A-3; and the
following special provision shall also apply:
(a)
Uses permitted in CH-1 Zones:
a marine and recreational equipment sales and/or service
establishment
an automobile and marine refinishing establishment
a boat storage facility
a dry land marina
Notwithstanding Sections 10.1 and 10.2 hereof to the contrary, no
person shall in any Service Commercial Special - 2 (CH-2) Zone,
Lot 7, Concession 5, former Township of Burleigh (South), and
shown on Zone Map A-3, use any land or erect, alter or use any
building or structure except in accordance with the following
provisions;
97
*as per OMB ruling
(a)
Uses permitted in CH-2 Zone
(i)
Residential Uses:
- an accessory dwelling unit
(ii)
Non-Residential Uses:
- a retail store for the sales of camping equipment and
supplies
- self-storage rental building
- an open storage area only for boats, trailers,
recreational vehicles, motor homes, snowmobiles,
all-terrain vehicles, and similar items
- a business office
(b)
Special provisions for CH-2 Zone
(i)
Front yard (minimum)
15 metres (50 feet)
(ii)
Interior Side Yard (minimum)
15 metres (50 feet)
(iii)
Rear yard (minimum)
15 metres (50 feet)
(iv)
Floor area for a retail store (maximum)
93 square metres (1000 sq. ft.)
(v)
Maximum number of self-storage rental buildings
12
(vi)
Building Area (maximum)
30%
(vii)
Parking spaces for self-storage rental buildings
(minimum)
not applicable
(viii)
Special Regulations for an Open Storage Area:
No Open Storage Area shall be permitted except in
accordance with the following special provisions:
- Minimum setback from front lot line
100 metres (328 feet)
- Minimum setback from side and rear lot lines
15 metres (50 feet)
- Maximum lot coverage
20%
- Every Open Storage Area or lot having an Open
Storage Area situated thereon shall be enclosed by a
wall or fence not less than 2 metres (6.5 feet) in
height and constructed of uniform material
- No portion of any Open Storage Area for materials
shall be located closer that 15 metres (50 feet) to any
lot line
(ix)
For the purposes of the CH-3 Zone, the term "self-
storage rental building" shall mean a building or
98
*as per OMB ruling
buildings containing separate, individual self-storage
units divided from the floor to the ceiling by a wall with
an independent entrance from the exterior of the
building, designed to be rented or leased to the
general public for private storage of personal goods,
materials, or equipment
The CH-3 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
All of the provisions and regulations of Section 10.2 shall apply to the
'Service Commercial Four Zone (CH-4)' in Lot 12, Concession 11,
Township of Burleigh (North) and shown on Zone Map A5; and the
following special provisions shall also apply:
(a)
Uses permitted in CH-4 Zones:
a display area for model homes
a marine sales, service and storage establishment
(b)
Special provisions for CH-4 Zones:
The chemical treatment of lumber and lumber products shall
not be permitted.
The CH-5 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
The CH-6 zone does not exist in the present document. However, a
space has been left should this zone be required at a later time.
All of the provisions and regulations of Section 10.2 shall apply to the
'Service Commercial Seven Zone (CH-7)' in Lot 22, Concession 13,
Township of Burleigh (North) and shown on Zone Map A-5; and the
following special provisions shall also apply:
(a)
Uses permitted in CH-7 Zones:
a dwelling house
99
*as per OMB ruling
a combination workshop/storage building
(b)
Special provisions for CH-7 Zones:
Open Storage - prohibited
All of the provisions and regulations of Section 10.2 shall apply to the
'Service Commercial Eight Zone (CH-8)' in Lot 34, Concession 2,
Township of Anstruther and shown on Zone Map A8; and the
following special provision shall also apply:
(a)
Uses permitted in CH-8 Zones:
an apartment dwelling
a professional office
a commercial recreation establishment
a general office
an institution
All of the provisions and regulations of Section 10.2 shall apply to the
'Service Commercial Nine Zone (CH-9)' in Lot 25, Concession 15,
Township of Burleigh (North) and shown on Zone Map A-7; and the
following special provision shall also apply;
(a)
Uses permitted in CH-9 Zones:
a marine and sport products retail sales establishment
a marine and sport products repair and storage facility
100
*as per OMB ruling
SECTION 11 - SHORELINE COMMERCIAL ZONE
(CS)
No person shall within any (CS) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (CS) uses, namely:
(a)
Residential Uses:
an accessory dwelling house or
an accessory dwelling unit (apartment)
(b)
Permitted Uses:
a fuel pump island accessory to a marina;
a marina;
a marine facility;
an open storage area accessory to a marina;
a private park;
a recreational establishment;
a restaurant;
a retail store accessory to a (CS) use;
a tourist establishment;
a parking area;
a food truck
No person shall within any (CS) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot areas (minimum):
(i)
Residential uses
4,800 square metres (1.2 acres)
(ii)
Marina
4,800 square metres (1.2 acres)
(iii)
tourist establishment
the greater of: 1,390 square metres (14,962 square
feet); or 278 square metres (2,992 square feet) for
each guest room or rental cottage.
(iv)
other accessory uses
2,040 square metres (21,959 square feet)
(b)
Lot frontages (minimum):
(i)
Residential uses
46 metres (150 feet)
101
*as per OMB ruling
(ii)
tourist establishment
46 metres (150 feet)
(iii)
other permitted uses
46 metres (150 feet)
(c)
Multiple Uses on One Lot:
Notwithstanding Section 3.15, where any lot is used for more
than one use as contained in Section 12.1, then the applicable
minimum lot area and lot frontage requirements for each use
shall be complied with.
(d)
Dwelling units Per Lot (maximum):
1 only
(e)
Building area (maximum): 30%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
(f)
Front yard (minimum):
15 metres (50 feet)
(g)
Interior side yard (minimum):
4.5 metres (15 feet), provided that where a side lot line abuts
a Residential zone or abuts a lot having a Residential use
situated thereon, the minimum side yard requirement shall
be 7.5 metres (25 feet).
(h)
Exterior side yard (minimum):
15 metres (50 feet)
(i)
Rear yard (minimum):
12 metres (40 feet), provided that where a rear lot line abuts
a Residential zone or abuts a lot having a Residential use
situated thereon, the minimum rear yard requirement shall
be 15 metres (50 feet).
(j)
Water setback
Except as provided in Section 3.30 a water setback of at least
30 metres (100 feet) shall be required from the high water
mark of any waterbody.
(k)
Building separation (minimum):
102
*as per OMB ruling
(i)
between tourist establishment buildings
6 metres (20 feet)
(ii)
between other buildings
3 metres (10 feet)
(l)
Building height (maximum):
- from finished grade to the peak of the roof on the front of a
building facing the waterbody
11 metres (36 feet)
(m)
Dwelling house Area (minimum):
45 square metres (484 square feet)
(n)
Dwelling unit area (minimum):
45 square metres (484 square feet)
(o)
Planting Strip Location:
A planting strip shall be required along any portion of a rear
lot line or any portion of a side lot line which abuts a
Residential zone or abuts a lot having a Residential use
situated thereon.
(p)
Planting Strip Width (minimum):
3 metres (10 feet)
(q)
Parking Spaces:
(i)
Residential uses
1 for each dwelling unit
(ii)
Marina
1 for each boat mooring space
(iii)
tourist establishment
1 for each guest room or rental cottage.
(iv)
Restaurant
the greater of: 1 for each 15 square metres (161 square
feet) of net floor area; or 1 for each 4 persons design
capacity of all dining rooms.
(v)
other permitted uses
1 for each 30 square metres (320 square feet) of gross
floor area or portion thereof
(r)
Parking Space Location:
no part of any parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon; or
103
*as per OMB ruling
(iii)
within the Water setback
(s)
Delivery spaces (minimum):
(i)
Residential use
not applicable
(ii)
tourist establishment
1 for each 20 guest rooms or rental cottages or
portion thereof in excess of 5.
(iii)
other permitted uses
not applicable
(t)
Loading spaces (minimum):
(i)
Residential uses
not applicable
(ii)
Marina
1 per lot
(iii)
tourist establishment
1 for each 2,040 square metres (21,959 square feet) of
net floor area or portion thereof in excess of 200
square metres (2,153 square feet).
(iv)
other permitted uses
not applicable
(u)
Fuel pump island Location:
No part of any fuel pump island shall be located closer than:
(i)
3 metres (10 feet) to any shoreline;
(ii)
4.5 metres (15 feet) to any street line; or
(iii)
6 metres (20 feet) to any other lot line.
(v)
Open storage area Regulations:
No open storage area shall be permitted except in
accordance with the following provisions:
(i)
no open storage area shall be permitted in a rear yard
adjacent to a rear lot line of such lot which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon.
(ii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which abuts
a Residential zone or abuts a lot having a Residential
use situated thereon;
(iii)
every open storage area or lot having an open
storage area situated thereon shall be enclosed by a
wall or fence not less than 2 metres (6.5 feet) in height
and constructed of uniform material; and
(iv)
no portion of any open storage area for combustible
104
*as per OMB ruling
materials shall be located closer than 6 metres (19.6
feet) to any lot line.
(w)
General Provisions:
In accordance with the provisions of Section 3 hereof.
Notwithstanding Section 11.1 and 11.2, hereof to the contrary, no
person shall in any 'Shoreline Commercial One Zone (CS-1)' in Lot
3, Concession 5, Township of Burleigh (South) and shown on Zone
Map A1; use any land, or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Number of buildings (maximum):
8 rental cottages
(b)
54 square metres (600 square feet) in area
Notwithstanding Section 11.1 (b), hereof to the contrary, no person
shall in any 'Shoreline Commercial Two Zone (CS-2)' in Lot 12,
Concession 7, Township of Chandos, Roll #010-201-18100,
accessory to West Bay Narrows Marine through agreement
#D606640
(a)
Permitted uses:
Boat storage facility for the off season storage of water craft
(b)
Maximum building area
20%
(c)
Minimum yard setback
15 metres (49.2 feet)
(d)
Maximum building height
8 metres (26.2 feet)
Notwithstanding Sections 11.1 and 11.2, hereof to the contrary, no
person shall in any Shoreline Commercial Three Zone (CS-3) in Lot
13, Concession 2 and 3, former Township of Anstruther, and as
shown on Map A-7; use any land or erect, alter or use any building
or structure except in accordance with the following provisions.
105
*as per OMB ruling
11.5.1 Permitted uses:
(a)
Residential uses
a resort condominium
(b)
Non-residential uses
an accessory gazebo
an accessory parking lot
boat docks
11.5.2 Zone provisions
(a)
Minimum lot area
1.61 hectares (4 acres)
(b)
Minimum frontage (shoreline)
613 metres (2011 feet)
(c)
Special provisions for residential uses:
(i)
Dwelling Units Per Lot (maximum)
25
(ii)
Building area (maximum)
10%
(iii)
Minimum yard setbacks
Front yard - 15 metres (49 feet)
Interior side yards - 7.5 metres (25 feet)
Water- 21.33 metres (70 feet)
(iv)
Maximum height
11 metres (36 feet)
(v)
Floor area (minimum per unit)
55 square metres (592 square feet)
(d)
Special provisions for accessory gazebo
(i)
Minimum water setback
6.1 metres (20 feet)
(ii)
Maximum floor area
25 square metres (269 square feet)
(e)
Parking spaces (minimum)
(i)
1 for each dwelling unit
(ii)
1 for each boat docking space not associated with on-
site dwelling units
(f)
Parking space location
No parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
106
*as per OMB ruling
Residential zone or abuts a lot having a residential use
situated thereon; or
(iii)
21.33 metres (70 feet) of the high water mark
107
*as per OMB ruling
SECTION 12 - GENERAL INDUSTRIAL ZONE (M)
No person shall within any (M) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (M) uses, namely:
(a)
Permitted Uses:
an assembly plant;
a motor vehicle body shop,
a bulk storage, except hazardous waste, fuels, explosives,
fossil fuels;
a business office;
a commercial garage;
a communications tower (public or private);
a contractor's yard;
an electric power substation;
an equipment storage building;
a fuel pump island;
a building supply yard;
a maintenance garage;
a manufacturing plant;
a merchandise service shop;
open storage of goods or materials;
a parking area;
a warehouse;
a truck or transportation terminal;
an existing dwelling;
a commercial use accessory to a permitted (M) use.
No person shall within any (M) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
2 hectares (5 acre)
(b)
Lot frontage (minimum):
60 metres (200 feet)
(c)
Building area (maximum): 30%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
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setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
(d)
Front yard (minimum):
30 metres (100 feet)
(e)
Interior side yard (minimum):
7.5 metres (25 feet), provided that where a side lot line abuts
a zone other than an Industrial zone, the minimum side yard
requirement in addition to the width of any driveways shall be
15 metres (50 feet).
(f)
Exterior side yard (minimum):
30 metres (100 feet)
(g)
Rear yard (minimum):
15 metres (50 feet)
(h)
Water setback:
Except as provided in Section 3.30 a water setback of at least
30 metres (100 feet) shall be required from the high water
mark of any waterbody.
(i)
Building separation (minimum):
3 metres (10 feet) unless otherwise required by the Ontario
Building Code
(j)
Building height (maximum):
11 metres (36 feet)
(k)
Planting Strip Location:
A planting strip shall be required along any portion of a side
lot or any portion of a rear lot line which abuts a Residential
zone or abuts a lot having a Residential use situated thereon.
(l)
Planting Strip Width (minimum):
4.5 metres (15 feet)
(m)
Driveway setback (minimum):
None except where, a lot line abuts a Residential zone or
abuts a lot having a Residential use situated thereon, the
minimum driveway setback from such lot line shall be 9
metres (30 feet).
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(n)
Parking Spaces (minimum):
(i)
body shop or commercial garage
1 for each 5 square metres (54 square feet) of gross
floor area or portion thereof.
(ii)
business office or merchandise service shop
1 for each 20 square metres (215 square feet) of net
floor area or portion thereof.
(iii)
manufacturing plant
1 for each 40 square metres (430 square feet) of net
floor area or portion thereof.
(iv)
Warehouse
1 for each 90 square metres (969 square feet) of net
floor area or portion thereof.
(v)
other permitted uses
the greater of: 5 per lot; or 1 for each 90 square metres
(969 square feet) of gross floor area or portion
thereof; or 1 for each 3 employees.
(o)
Parking Space Location:
No part of any parking space shall be located closer than:
(i)
1.5 metres (5 feet) to any street line; or
(ii)
6 metres (20 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon; or
(iii)
within the water setback
(p)
Delivery spaces (minimum):
(i)
body shop or commercial garage
1 per lot
(ii)
other permitted uses
not applicable
(q)
Loading spaces (minimum):
(i)
body shop, business office or commercial garage
not applicable
(ii)
other permitted uses
the greater of: 1 per lot; or 1 for each 2,400 square
metres (25,834 square feet) of gross floor area or
portion thereof in excess of 200 square metres (2,153
square feet).
(r)
Fuel pump island Location
No part of any fuel pump island shall be located closer than:
(i)
9 metres (30 feet) to any street line; or
(ii)
9 metres (30 feet) to any other lot line.
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(s)
Open storage area Regulations:
No open storage area shall be permitted except in
accordance with the following provisions:
(i)
no open storage area shall be permitted in a front
yard or side yard:
(ii)
no open storage area shall be permitted in a rear yard
adjacent to a rear lot line of such lot which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon;
(iii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which abuts
a Residential zone or abuts a lot having a Residential
use situated thereon;
(iv)
every open storage area or lot having an open
storage area situated thereon shall be enclosed by a
wall or fence not less than 2 metres (7 feet) in height
and constructed of uniform material; and
(v)
no portion of any open storage area for combustible
materials shall be located closer than 6 metres (20 feet)
to any lot line or 30 metres (100 feet) to any building.
(t)
General Provisions:
In accordance with the provisions of Section 3 hereof.
(a)
Uses permitted in M-1 Zones:
a small office building
a facility for the outdoor storage and sale of sand, gravel and
topsoil products which includes government inspected weigh
scales
a single family dwelling
(b)
The regulations of sub-section 12.2 shall apply to the uses in
(a).
'General Industrial Two Zone (M-2)' in Lot 22, Concession 13,
Township of Burleigh (North) and shown on Zone Map A8; the
following provision shall apply:
(a)
Uses permitted M-2 Zones:
a wood product processing facility
a furniture manufacturing and assembly establishment
a warehouse for storing furniture manufactured or assembled
on the premises
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a warehouse for storing lumber for use on the premises
a retail or wholesale outlet or business office accessory to
the uses permitted in this section
a dwelling house if occupied by a caretaker, watchman or
other similar person employed fulltime on the lot on which
such dwelling house
(b)
The regulations of sub-section 12.2 shall apply to the uses in
(a).
'General Industrial Three Zone (M-3)' in Part Lot 1, Concession 17 lying
west of the King's Highway No. 28 and south of Chandos Township Road
No. 18 and shown on Zone Map A13; the following provisions shall apply:
(a)
Uses permitted in M-3 Zones;
a machine shop
a machinery repair and parts fabrication operation
a plant for the assembly and/or manufacture of goods and/or
products
a cartage, express truck transport terminal or yard
a contractor's yard
a fuel storage tank or supply yard
a warehouse
a retail outlet or wholesale outlet or business office
accessory to a permitted use
a detached single-family dwelling house if occupied by a
caretaker, watchman or other similar person employed full
time on the lot on which such dwelling house is located
(b)
The regulations of sub-section 12.2 shall apply to the uses in
(a).
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SECTION 13 - AGGREGATE RESOURCE ZONE (MA)
The uses permitted in this section also require a license from the Ministry
of Natural Resources (MNR) under the Aggregate Resources Act.
No person shall within any (MA) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (MA) uses, namely:
(a)
Permitted Uses:
an aggregate crushing and screening operation;
a gravel pit;
an open storage area accessory to an (MA) use;
an enclosed storage area accessory to an (MA) use;
a stone quarry;
a business office accessory to a permitted (MA) use
No person shall within any (MA) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
10 hectares (25 acres)
(b)
Lot frontage (minimum):
300 metres (985 feet)
(c)
Building area Of Enclosed Storage Area/Storage Shed or
Business Office (maximum):
105 square metres (1,138 square feet)
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
setback will be limited to a maximum of 15% of the land area
on that property encompassed within the area that is the width
of the property by the depth of the required setback ie 30
metres (100 feet).
(d)
Front yard (minimum):
30 metres (100 square feet)
(e)
Interior side yard (minimum):
30 metres (100 feet), except where a side lot line abuts a
Residential zone, the minimum side yard shall be 90 metres
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(295 feet).
(f)
Exterior side yard (minimum):
30 metres (100 feet)
2
(g)
Rear yard (minimum):
30 metres (100 feet) provided that where a rear lot line abuts
a Residential zone, the minimum rear yard shall be 90
metres (295 feet).
(h)
Water setback
A water setback of a least 90 metres (295 feet) shall be
required from the high water mark of a waterbody.
(i)
Building separation (minimum):
30 metres (100 feet)
(j)
Building height (maximum):
7.6 metres (25 feet)
(k)
Planting Strip Location:
A planting strip shall be required along any front lot line plus
any portion of a side lot line or any portion of a rear lot line
which abuts a Residential zone.
(l)
Planting Strip Width (minimum):
15 metres (50 feet)
(m)
Entrance per Lot (maximum):
(n)
Entrance setback (minimum):
30 metres (100 feet)
(o)
Entrance separation (minimum):
30 metres (100 feet) unless a greater distance is required from
the appropriate road authority
(p)
Entrance width (maximum):
13.5 metres (44 feet)
(q)
Parking Spaces (minimum):
the greater of: 5 per lot; or 1 for each 90 square metres (969
square feet) of gross floor area or portion thereof.
(r)
Parking Space Location:
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No part of any parking space shall be located closer than:
(i)
3 metres (10 feet) to any street line; or
(ii)
9 metres (30 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon.
(s)
Loading spaces (minimum):
the greater of: 3 per lot; or
1 for each 4 hectares (10 acres) of lot area or portion thereof.
(t)
Open storage area Regulations:
No part of any open storage area shall be located closer than
30 metres (100 feet) to any lot line or 90 metres (295 feet) to
any lot line which abuts a Residential zone.
(u)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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SECTION 14 - DISPOSAL INDUSTRIAL ZONE (MD)
The Ministry of Environment is responsible for the licensing of uses
permitted in this zone.
No person shall within any (MD) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (MD) uses, namely:
(a)
Permitted Uses:
an approved solid waste disposal site or transfer station
or a former approved solid waste disposal site that has been
closed as required by the Ministry of Environment
No person shall within any (MD) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
20 hectares (50 acres)
(b)
Lot frontage (minimum):
100 metres (328 feet)
(c)
Building area (maximum): 10%
- Notwithstanding any provisions in this By-Law where the
main building/use is located within the 30 metre (100 feet)
high water mark setback will be limited to a maximum of 15%
of the land area on that property encompassed within the area
that is the width of the property by the depth of the required
setback ie 30 metres (100 feet).
(d)
Front yard (minimum):
90 metres (295 feet)
(e)
Interior side yard (minimum):
90 metres (295 feet)
(f)
Exterior side yard (minimum):
90 metres (295 feet)
(g)
Rear yard (minimum):
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90 metres (295 feet)
(h)
Water setback (minimum): shall be required for all buildings,
structures and waste disposal sites from the high water
mark of a waterbody.
(i)
Building separation (minimum):
3 metres (10 feet)
(j)
Building height (maximum):
11 metres (36 feet)
(k)
Planting Strip:
Where any (MD) Zone abuts a Residential, Commercial,
Institutional or Open Space Zone, a planting strip shall be
provided and maintained along that lot line so abutting in
accordance with the provisions of Sections 2 and 3 of this By-
law.
(l)
Fencing:
A 1.8 metre (6 foot) solid board fence shall be provided and
maintained along any portion of a (MD) Zone which abuts a
public street.
(m)
Entrance per Lot (maximum):
2
(n)
Entrance setback (minimum):
150 metres (493 feet)
(o)
Entrance separation (minimum):
22.5 metres (74 feet)
(p)
Entrance width (maximum):
9.5 metres (31 feet)
(q)
Driveway setback (minimum):
30 metres (100 feet) except where a lot line abuts an (MD) or
(MA) zone, the minimum driveway setback from such lot line
shall be 9 metres (30 feet).
(r)
Parking Spaces (minimum):
1 for each 0.4 hectares (43,055 square feet) of lot area or
portion thereof.
(s)
Parking Space Location:
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No part of any parking space shall be located closer than:
(i)
3 metres (10 feet) to any street line; or
(ii)
9 metres (30 feet) to any lot line which abuts a zone
other than an (MD) or (MA) zone.
(t)
Loading spaces (minimum):
2 per lot
(u)
Special Provisions:
Notwithstanding any other provisions of this By-law to the
contrary, no solid waste disposal site shall be located within
500 metres (1640 feet) of any Residential or Commercial use.
(v)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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SECTION 15 - MAJOR RECREATION OPEN SPACE
ZONE (OS)
No person shall within any (OS) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (OS) uses, namely:
(a)
Permitted Uses:
a beach;
a conservation use;
a forestry use;
a private park;
a public forest;
a public park;
No person shall within any (OS) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
2,300 square metres (24,758 square feet)
(b)
Lot frontage (minimum):
30 metres (100 feet)
(c)
Water setback Except as otherwise provided in Section 3.30
a water setback of at least 30 metres (100 feet) shall be
required from the high water mark of a waterbody.
(d)
Building separation (minimum):
3 metres (10 feet)
(e)
Building height (maximum):
11 metres (36 feet)
(f)
Parking Spaces (minimum):
One for each picnic area/table and one for each ten feet on a
waterbody that is utilized by the public or one for each 1
hectare (2.2 acres) of land, whichever is greater.
(g)
Parking Space Location:
No part of any parking space shall be located closer than:
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(i)
1.5 metres (5 feet) to any street line; or
(ii)
4.5 metres (15 feet) to any lot line which abuts a
Residential zone or abuts a lot having a Residential
use situated thereon.
(h)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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SECTION 16 - ENVIRONMENTAL CONSTRAINT
ZONE (EC)
No person shall within any (EC) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (EC) uses, namely:
(a)
Permitted Uses:
a conservation use;
a flood control use;
No person shall within an (EC) zone use any lot or erect, alter,
locate or use any building or structure except as set out in 16.1 (a)
unless for conservation use or flood control use or structures that
may be necessary to support these permitted uses.
(a)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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SECTION 17 - RURAL ZONE (RU)
No person shall within any (RU) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (RU) uses, namely:
(a)
Residential Uses:
a dwelling house.
(b)
Permitted Uses:
a farm equipment storage building;
a farm;
a conservation use;
a farm produce outlet;
a forestry use;
a home industry;
a home occupation;
a livestock building;
a produce building;
a woodlot;
a recreation camp;
a riding school or boarding stables;
an animal hospital;
a second dwelling unit
No person shall within any (RU) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Lot area (minimum):
10 hectares (25 acres)
20 hectares (50 acres) (for a recreational camp)
(b)
Lot frontage (minimum):
90 metres (295 feet)
(c)
Dwelling houses Per Lot (maximum):
1 only
(d)
Building area and Floor area
(i)
Building area (maximum): 15%
(ii)
Floor area (minimum):
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- Single Storey - 45 square metres (484 square feet)
- 1-1/2, Split or 2 Storey - 55 square metres (600
square feet) of ground floor area
(iii)
- Notwithstanding any provisions in this By-Law where
the main building/use is located within the 30 metre
(100 feet) setback will be limited to a maximum of 15%
of the land area on that property encompassed within
the area that is the width of the property by the depth
of the required setback ie 30 metres (100 feet).
(e)
Front yard (minimum):
30 metres (100 feet)
(f)
Interior side yard (minimum):
15 metres (50 feet)
(g)
Exterior side yard (minimum):
15 metres (50 feet)
(h)
Rear yard (minimum):
15 metres (50 feet)
(i)
Water setbacks
Except as otherwise provided in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(j)
Building separation (minimum):
(i)
between main building and detached accessory
building, garage or storage shed
1.5 metres (5 feet)
(ii)
between detached accessory buildings
11 metres (36 feet)
(k)
Building height (maximum):
11 metres (36 feet)
(l)
Parking Spaces (minimum):
(i)
Residential uses
1 for each dwelling unit
(ii)
home
industry,
home
occupation
or
home
profession
the greater of: 2 per lot; or 1 for each 20 square metres
(215 square feet) of net floor area or portion thereof.
(iii)
other accessory uses
not applicable
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(m)
Dwelling house Location:
(i)
No Residential building shall be erected within any
distance of any manure storage area or any livestock
building or structure, except in accordance with
Section 3.17 herein, unless such Residential building
is located on the same lot therewith.
(ii)
No Residential building shall be erected within 60
metres (200 feet) of an MA zone.
(n)
Farm Building and Storage Locations:
No livestock building or structure and no manure storage
area shall be located within any distance of any lot line or a
residential building on another lot, except in accordance with
Section 3.15 herein.
(o)
Consent Given By Land Division Committee for Residential
Lot Outside of Areas Designated Hamlet or Shoreline Area:
Notwithstanding any provisions of Section 17.2(a) and 17.2(b)
to the contrary, where a consent is given by the Approval
Authority to create a residential lot, such lot may be used for
a dwelling house provided such lot and use has a minimum
lot area and frontage of 2 hectares (4.9 acres) and 60 metres
(200 feet) respectively and complies with the other provisions
of Section 6.2 of this By-law, and provided the residual lot
complies with the provisions of Section 17 of this By-law.
(p)
General Provisions:
In accordance with the provisions of Section 3 hereof.
(q)
Properties zoned Rural (RU) in hamlet areas shall be
restricted to a dwelling house only and those uses existing
at the date of passing of this by-law.
Notwithstanding Section 17.1 and 17.2, hereof to the contrary, no
person shall in any 'Rural One Zone (RU-1)' in Lot 9, Concession 1,
Township of Burleigh (South) and shown on Zone Map A6; use any
land, or erect, alter or use any building or structure except in
accordance with the following provisions:
(a)
Dwelling house per lot (maximum):
2 only
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Notwithstanding Section 17.1 and 17.2, hereof to the contrary, no
person shall in any 'Rural Two Zone (RU-2)' in Lot 3, Concession 6,
Township of Burleigh (South) and shown on Zone Map A1; use any
land, or erect, alter or use any building or structure except in
accordance with the following provisions:
(a)
Uses permitted in RU-2 Zones:
a recreation camp
(b)
Lot frontage (minimum):
20.1 metres (66 feet)
Notwithstanding Section 17.1 and 17.2 hereof to the contrary, no
person shall in a 'Rural - Site Specific Zone (RU-3) in part of Lot 6
& 7, Concession 6, formerly Township of Burleigh (South) and shown
on zone Map A3, use any land or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Uses permitted in RU-3 Zone:
(i)
Nine (9) Hole Golf Course
(ii)
Uses, building and structures accessory to golf
course including:
Pro Shop
max 185.88 m. sq. (2,000 sq. ft.)
Pump House
max 9.3 m. sq. (100 sq. ft.)
Storage Shed
max 74.35 m. q. (800 sq. ft.)
Chipping/Driving Range
Site Plan Control is applicable in the RU-3 Zone.
All of the provisions and regulations of Section 17.1 and 17.2 shall
apply to the 'Rural Four Zone (RU-4)' in Lot 15, Concession 11,
Township of Burleigh (North) and shown on Zone Map A4; and the
following special provision shall also apply:
(a)
Uses permitted RU-4 Zones:
a home occupation taxidermy business
Notwithstanding Section 17.1 and 17.2, hereof to the contrary, no
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person shall in any 'Rural Six Zone (RU-6)' in Lot 16, Concession
12, Township of Burleigh (North) and shown on Zone Map A4; use
any land, or erect, alter or use any building or structure except in
accordance with the following provisions:
(a)
Uses permitted in RU-6 Zones
a private cabin
(b)
Building area of accessory guest dwelling (maximum):
44.5 square metres (480 square feet)
All of the provisions and regulation of Section 17.1 and 17.2 shall
apply to the 'Rural Eight Zone (RU-8)' in Lot 36, Concession 1,
Township of Anstruther and shown on Zone Map A-13; and the
following special provision shall also apply:
(a)
Uses permitted in RU-8 Zones:
a home occupation for baking and the sale of baked goods
All of the provisions and regulations of Section 17.1 and 17.2 shall
apply to the 'Rural Nine Zone (RU-9)' in Lot 25, Concession 16,
Township of Burleigh (North) and shown on Zone Map A-13; and the
following special provision shall also apply:
(a)
Uses permitted in RU-9 Zones:
the outside storage of materials and the parking of vehicles
and equipment and automotive repair
(b)
Special provisions for RU-9 Zones:
these lands are subject to site plan control
Notwithstanding Section 17.1 and 17.2, hereof to the contrary, no
person shall in any 'Rural Eleven Zone (RU-11)' being a portion of a
plan of subdivision in Lot 8, Concession 5, Township of Burleigh
(South) and shown on Zone Map A3; use any land, or erect, alter
or use any building or structure except in accordance with the
following provisions:
(a)
Lot area (minimum):
0.8 hectares (2 acres)
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(b)
Lot frontage (minimum):
45.7 metres (150 feet)
(c)
Front yard (minimum):
15 metres (50 feet)
(d)
Interior side yard (minimum):
15 metres (50 feet)
(e)
Exterior side yard (minimum):
15 metres (50 yards)
(f)
Rear yard (minimum):
9 metres (feet)
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SECTION 18 - CROWN LAND ZONE (CL)
No person shall within any (CL) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (CL) uses, namely:
(a)
Permitted Uses:
a conservation use;
a forestry use;
a public park;
a wood lot;
a wayside pit or quarry;
an existing mine;
an existing gravel pit or quarry;
a hunt camp;
a private recreation camp
No person shall within any (CL) zone use any lot or erect, alter,
locate or use any building or structure except in accordance with
the following provisions:
(a)
Front yard (minimum):
30 metres (100 feet)
(b)
Interior side yard (minimum):
15 metres (49 feet)
(c)
Exterior side yard (minimum):
30 metres (100 feet)
(d)
Rear yard (minimum):
15 metres (49 feet)
(e)
Water setback
Except as otherwise provided in Section 3.30 a water
setback of at least 30 metres (100 feet) shall be required from
the high water mark of a waterbody.
(f)
Building separation (minimum):
1.5 metres (5 feet)
(g)
Building height (maximum):
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11 metres (36 feet)
(h)
General Provisions:
In accordance with the provisions of Section 3 hereof.
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SECTION 18B - PROVINCIALLY SIGNIFICANT
WETLAND (PSW) ZONE
18B.1 USES PERMITTED
No person shall within any (PSW) zone use any lot or erect, alter,
locate or use any building or structure for any purpose except one
or more of the following (EC) uses, namely:
(a)
Permitted Uses:
a conservation use
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SECTION 19 - LAKE ZONE (L)
This zone shall apply to all lakes and waterbodies in the Township which
do not form part of Kawartha Highlands Provincial Park, Petroglyph
Provincial Park or the Trent Severn Waterway. The zone shall not apply in
areas zoned Provincially Significant Wetland Zone (PSW) or Environmental
Constraint Zone (EC).
No person shall within any Lake (L) Zone use any lake or waterbody
or erect, alter, locate or use any building or structure for any
purpose except one or more of the following (L) uses, namely:
(a)
Permitted Uses:
a dock;
a swim raft;
marina docking system;
a marine facility
The permitted uses in any Lake (L) Zone shall only be established in
accordance with the provisions of Section 3.1(m) of this By-law and
in accordance with the following provisions:
(a)
Accessory Uses:
(i)
Marina docking systems shall only be permitted in
the Lake (L) Zone accessory to a legally existing
marina which is located on the abutting land above the
high-water mark. Approval of any new marina
docking facilities will be subject to consideration on a
site-specific basis.
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SECTION 20 - SPECIAL DISTRICT ZONE
Lists all by-law amendments to date to be recorded in new comprehensive
zone, SP-1 and SP-2 and continues for all amendments rather than listing
in each zone category.
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SECTION 21 - ADMINISTRATION
This By-law shall be administered by the Zoning administrator.
In addition to the requirements of the Building by-law, every
application for a building permit shall be accompanied by a plan in
duplicate, drawn to scale and showing the following:
(i)
the true shape and dimension of the lot to be used or upon
which it is proposed to erect any building or structure:
(ii)
the proposed location, height and dimensions of any
building, structure or use proposed for such lot;
(iii)
proposed locations and dimensions of any yards, setbacks,
backfill/grade, vegetation buffer zones where applicable, off-
street parking spaces or off-street loading facilities required
by this By-law;
(iv)
the location of all existing buildings, structures or private
right-of-way on the lot and existing vegetation within the
affected area; and
(v)
a statement signed by the owner or his agent duly authorized
there unto in writing, filed with the building inspector,
disclosing the current and intended use of each building and
structure or part thereof, the sanitary facilities available and
all information necessary to determine whether or not such
proposed or existing building structure or use conforms to
the requirements of the By-law.
Notwithstanding any provision of the Ontario Building Code Act, the
Corporations Building by-law or another by-law of the
Corporation to the contrary, no building permit shall be issued
where the proposed building, structure or use would be in violation
of any provision of this By-law.
No land is to be used or occupied, and no building or structure
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which has been erected or altered is to be used or changed in use,
in whole or in part, until a Certificate of Occupancy has been issued
by the Municipality stating that the proposed use and occupancy of
such land, building or structure complies with the provisions of this
By-law.
Every request for an amendment to this By-law shall be
accompanied
by
3
(three)
copies
of
the
Corporation's
"APPLICATION FOR AMENDMENT TO ZONING BY-LAW".
(a)
Conditions for Entry
Subject to clause (b) of this subsection, the Zoning
administrator,
the
Chief
building
official
of
the
Corporation, acting under the direction of Council, is hereby
authorized to enter, at all reasonable hours, upon any
property or premises for the purpose of carrying out his duties
under this By-law.
(b)
Restrictions For Entry of Dwelling units:
Notwithstanding any provision of clause (a) of this subsection
to the contrary, no officer or employee of the Corporation
shall enter any room or place being used as a dwelling unit
or part thereof without the consent of the occupant except
under the authority of a search warrant issued pursuant to The
Summary Convictions Act.
Where any building or structure is or is proposed to be erected,
altered, reconstructed, extended or enlarged, or any building or
structure or part thereof is or is proposed to be used, or any land
is or is proposed to be used, in contravention of the provisions of this
By-law, the same may be restrained by action at the instance of any
ratepayer, or of the Council of the Municipality pursuant to the
provisions of The Planning Act.
(i)
Every person who contravenes this By-law is guilty of an
offence and on conviction is liable. On a first conviction, to a
fine of not more than $20,000.00; and on a subsequent
conviction, to a fine of not more than $10,000.00 for each day
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or part thereof upon which the contravention has continued
after the day on which he was first convicted.
(ii)
Where a corporation is convicted, the maximum penalty that
may be imposed is: on a first conviction, a fine of not more
than $50,000.00; and on a subsequent conviction, a fine of
not more than $25,000.00 for each day or part thereof upon
which the contravention has continued after the day on which
the corporation was first convicted, and not as provided in
Subsection (i).
(iii)
Where a conviction is entered in addition to any other remedy
or any penalty provided by law, the court in which the
conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person
convicted.
Every fine imposed under the provisions of this Section is
recoverable under the Provincial Offences Act.
If any section, clause or provision of this By-law, including anything
contained in Schedule "A" attached hereto, is for any reason
declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the By-law as a whole or any part
thereof, other than the section, clause or provision so declared to be
invalid and it is hereby declared to be the intention that all the
remaining sections, clauses or provisions of this By-law shall remain
in full force and effect until repealed, notwithstanding that one or
more provisions thereof shall have been declared to be invalid.
THAT, subject to notice of the passing of this By-law in accordance
with the provisions of Section 34(17) of the Planning Act, this By-law
shall come into force on the date of passing by the Council of the
Township of North Kawartha where no notice of appeal or objection
is received pursuant to the provisions of Section 34(19) of the
Planning Act, R.S.O. 1990, Chap P.13. Where notice of an appeal
or objection is received as a result of the circulation of the notice of
passing of the By-law, this By-law does not come into force until all
such appeals have been disposed of whereupon the By-law shall be
deemed to have come into force on the day it was passed pursuant
to Section 34 of the Planning Act, R.S.O. 1990, Chap. P.13.
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READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN
COUNCIL THIS 5TH DAY OF MARCH, 2013.
__________________________ __________________________
MAYOR:
CLERK:
I, Connie Parent, Clerk of the Corporation of the Townships of North
Kawartha do hereby certify that the foregoing is a true copy of By-law No.
26-2013 passed by Council of the said Corporation on the 5th day of
March, 2013; and amendments thereto.
____________________________
Clerk