Comprehensive Zoning By-law 2018-41 (as adopted November 6, 2018, updated with amendments January 2021), Day Lighting Triangles provision
Northeastern Manitoulin and the Islands, Ontario
· adopted 2018-11-06
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Prepared for:
14 Water Street East; P.O. Box 608
Little Current, ON P0P 1K0
AS ADOPTED BY COUNCIL
NOVEMBER 6, 2018
UPDATED WITH AMENDMENTS JANUARY 2021
MARCH 2022
Prepared by:
J.L. Richards & Associates Limited
Engineers - Architects - Planners
314 Countryside Drive
Sudbury, ON P3E 6G2
JLR 27193-002
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page i
CONTENTS
Title ....................................................................................................................................... 1
Defined Area ......................................................................................................................... 1
Interpretation ........................................................................................................................ 1
General .......................................................................................................................................... 1
Zoning Schedules .......................................................................................................................... 1
Zone Boundaries ........................................................................................................................... 1
Zoning of Islands ................................................................................................................... 2
Closings ......................................................................................................................................... 2
Certain Words ............................................................................................................................... 2
Interpretation of Similar Permitted Uses ...................................................................................... 2
Multiple Uses on One Lot.............................................................................................................. 3
Properties with More than One Zone ........................................................................................... 3
Administration ...................................................................................................................... 4
Scope ............................................................................................................................................. 4
Administration and Enforcement ................................................................................................. 4
Application and Plans .................................................................................................................... 4
Conformity .................................................................................................................................... 4
Inspection ...................................................................................................................................... 4
Violation and Penalty .................................................................................................................... 5
Repetition of Offence .................................................................................................................... 5
Remedies ....................................................................................................................................... 5
Validity .......................................................................................................................................... 5
Definitions ............................................................................................................................. 6
General Provisions .............................................................................................................. 23
Zones ........................................................................................................................................... 23
Special Exception Zones ...................................................................................................... 23
Holding Zones...................................................................................................................... 23
Temporary Use By-laws ...................................................................................................... 23
Accessory Uses ............................................................................................................................ 24
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page ii
Secondary Units (basement apartments, in-law suites) and Garden Suites ...................... 24
Portable Garages ................................................................................................................. 24
Swimming Pools .................................................................................................................. 25
Renewable Energy Accessory Uses ..................................................................................... 25
Outdoor Furnaces ............................................................................................................... 25
Commercial Garages and Gasoline Bars ..................................................................................... 25
Boathouses .................................................................................................................................. 26
Building Repair and Reconstruction ............................................................................................ 27
Buildings to Be Moved ................................................................................................................ 27
Change of Use ............................................................................................................................. 27
Continuation of Farming Use ...................................................................................................... 27
Day lighting Triangles .................................................................................................................. 27
Deer Wintering Area - Development Restriction ....................................................................... 27
Dwelling Unit below Grade ......................................................................................................... 27
Dwelling Unit in Non-residential Building or Lot ........................................................................ 27
Frontage on Public Road or Street .............................................................................................. 28
Greater Restrictions .................................................................................................................... 28
Height Exceptions ....................................................................................................................... 28
Home Industries, Occupations, and Professions ........................................................................ 28
Licenses, Permits and Other By-laws .......................................................................................... 29
Lane as Yard ................................................................................................................................ 29
Loading Space Regulations .......................................................................................................... 29
Mobile Homes ............................................................................................................................. 30
Non Conforming / Non Complying Uses ..................................................................................... 30
Number of Dwelling Units on One Lot ........................................................................................ 31
Occupation of Uncompleted Building ......................................................................................... 31
Parking Area Regulations ............................................................................................................ 31
Planting Strips ............................................................................................................................. 35
Public Uses Permitted ................................................................................................................. 36
Recreational Vehicles .................................................................................................................. 36
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page iii
Reduction of Requirements ........................................................................................................ 36
Signs ............................................................................................................................................ 36
Special Uses Permitted ............................................................................................................... 36
Temporary Uses Permitted ......................................................................................................... 37
Through Lot ................................................................................................................................. 37
Uses Prohibited ........................................................................................................................... 37
Waste Processing Zone Setbacks ................................................................................................ 37
Waterfront Setbacks and Vegetative Buffers ............................................................................. 38
Setback from Lake Huron .................................................................................................... 38
Setback from Inland Lakes .................................................................................................. 38
Yard Exception, Terrain Unsuitability.......................................................................................... 38
Yard and Setback Encroachments Permitted ............................................................................. 38
Specific Zones ...................................................................................................................... 40
Shoreline Residential (SR) Zone .................................................................................................. 40
Permitted Uses .................................................................................................................... 40
Zone Requirements ............................................................................................................. 40
Additional Provisions .......................................................................................................... 40
Special Exception Zones ...................................................................................................... 41
Holding Zones...................................................................................................................... 44
Shoreline Residential - Restricted (SR1) Zone ............................................................................ 45
Permitted Uses .................................................................................................................... 45
Restrictions ......................................................................................................................... 45
Zone Requirements ............................................................................................................. 45
Residential (R1) Zone .................................................................................................................. 46
Permitted Uses .................................................................................................................... 46
Zone Requirements ............................................................................................................. 46
Special Exception Zones ...................................................................................................... 47
Multiple Residential (R2) Zone .................................................................................................... 49
Permitted Uses .................................................................................................................... 49
Zone Requirements ............................................................................................................. 49
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page iv
Additional Provisions .......................................................................................................... 50
Special Exception Zones ...................................................................................................... 50
Rural (RU) Zone ........................................................................................................................... 51
Permitted Uses .................................................................................................................... 51
Zone Requirements ............................................................................................................. 51
Additional Provisions .......................................................................................................... 52
Special Exception Zones ...................................................................................................... 52
Core Commercial (C1) Zone ........................................................................................................ 57
Permitted Uses .................................................................................................................... 57
Zone Regulations ................................................................................................................. 57
Special Exception Zones ...................................................................................................... 58
General Commercial (C2) Zone ................................................................................................... 58
Permitted Uses .................................................................................................................... 58
Zone Requirements ............................................................................................................. 59
Special Exception Zones ...................................................................................................... 59
Tourist Commercial (C3) Zone .................................................................................................... 62
Permitted Uses .................................................................................................................... 62
Restrictions ......................................................................................................................... 62
Zone Requirements ............................................................................................................. 62
Special Exception Zones ...................................................................................................... 63
Rural Commercial (RC) Zone ....................................................................................................... 64
Permitted Uses .................................................................................................................... 64
Restrictions ......................................................................................................................... 64
Zone Requirements ............................................................................................................. 65
Special Exception Zones ...................................................................................................... 65
Institutional (I) Zone .................................................................................................................... 66
Permitted Uses .................................................................................................................... 66
Zone Requirements ............................................................................................................. 66
Open Space (O1) Zone ................................................................................................................ 68
Permitted Uses .................................................................................................................... 68
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page v
Zone Regulations ................................................................................................................. 68
Special Exception Zones ...................................................................................................... 69
Open Space Conservation (O2) Zone .......................................................................................... 70
Permitted Uses .................................................................................................................... 70
Zone Regulations ................................................................................................................. 70
Special Exception Zones ...................................................................................................... 70
General Industrial (M) Zone ........................................................................................................ 71
Permitted Uses .................................................................................................................... 71
Zone Regulations ................................................................................................................. 71
Special Exception Zones ...................................................................................................... 72
Light Industrial (M1) Zone ........................................................................................................... 73
Permitted Uses .................................................................................................................... 73
Zone Regulations ................................................................................................................. 73
Rural Industrial (RM) Zone .......................................................................................................... 74
Permitted Uses .................................................................................................................... 74
Restrictions ......................................................................................................................... 74
Zone Requirements ............................................................................................................. 75
Pit and Quarry (Q) Zone .............................................................................................................. 76
Permitted Uses .................................................................................................................... 76
Restrictions ......................................................................................................................... 76
Zone Requirements ............................................................................................................. 76
Waste Processing (WP) Zone ...................................................................................................... 77
Permitted Uses .................................................................................................................... 77
Zone Restrictions................................................................................................................. 77
Zone Requirements ............................................................................................................. 77
Special Exception Zones ...................................................................................................... 78
Hazard (HZ) Zone......................................................................................................................... 79
Permitted Uses .................................................................................................................... 79
Restrictions ......................................................................................................................... 79
Zone Requirements ............................................................................................................. 79
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page vi
Development (D) Zone ................................................................................................................ 80
Permitted Uses .................................................................................................................... 80
Zone Regulations ................................................................................................................. 80
Official Plan Conformity ...................................................................................................... 80
Existing Uses ........................................................................................................................ 80
Appendix A - Accessible Parking Requirements ......................................................................................... 81
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page vii
A by-law to regulate the use of land and the character, location and use of buildings and structures in the Town of
Northeastern Manitoulin and the Islands.
WHEREAS it is considered desirable to regulate the use of land, the character, location and use of buildings and
structures within the Town of Northeastern Manitoulin and the Islands, herein after known as the "Town".
AND WHEREAS authority is granted under Section 35 of the Planning Act R.S.O. 1990, as amended, to the Council
of the Town of Northeastern Manitoulin and the Islands to exercise such powers subject to the approval of the
Ontario Municipal Board;
NOW THEREFORE the Council of the Town of Northeastern Manitoulin and the Islands enacts as follows:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law 2018-41
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 1
TITLE
This By-law shall be known as the "Zoning By-law for the Town of Northeastern Manitoulin and the
Islands.
DEFINED AREA
This By-law applies to all land included on Schedules A and B to this By-law within the boundaries of the
Town of Northeastern Manitoulin and the Islands, herein after known as the "Town" and to the adjoining
shores of various lakes and rivers including land covered by water wherever there is or may be erected
any jetty, boathouse, pier or other building or structure.
INTERPRETATION
General
In their interpretation and application, the provisions of this By-law shall be held to be the minimum
requirement adopted for the promotion of the public health, safety, convenience or general welfare.
Whenever the requirements of this By-law are at variance with the requirements of any other By-law, the
most restrictive, or the By-law imposing the higher standards, shall govern and apply. Nothing in this By-
law shall be construed to exempt any person from complying with the requirements of any other By-law
of the Town of Northeastern Manitoulin and the Islands or from any law of the Province of Ontario or of
Canada.
Zoning Schedules
Schedules A to E attached hereto, together with notations and references shown thereon, are hereby
declared to form part of this By-law.
Zone Boundaries
When determining the boundary of any Zone as shown on Schedules A to E forming part of this By-law,
the following provisions shall apply:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 2
Zoning of Islands
All Crown Lands on islands located outside of McGregor Bay and Bay of Islands are zoned Open
Space Conservation (O2) Zone regardless of whether they are specifically identified as such on the
schedules or not. Conversely, lands that are held in private ownership on the date of passing of
this By-law shall be zoned Shoreline Residential (SR) Zone unless they have a special exception or
other zone (other than O2) and any such discrepancies shall be considered as technical errors to
the By-law and the Municipality may pass By-laws to address these issues.
Closings
In the event a dedicated street or lane shown on Schedules A or B of this By-law is closed, the property
formerly in such street or lane shall be included within the zone of the adjoining property on either side of
such closed street, or lane. If a closed street or lane is the boundary between two or more different
zones, the new zone boundaries shall be the former centre line of the closed street or lane.
Certain Words
In this By-law, words used in the present tense include future; words in the singular number include the
plural; words in the plural include the singular number; and the word "used" includes "arranged, designed
or intended to be used"; the word "shall" is mandatory and not discretionary.
Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions or events connected by the conjunction "and", "or", or "either-or", the conjunction
shall be interpreted as follows:
Interpretation of Similar Permitted Uses
Uses other than those hereinafter specifically mentioned as uses in each of the zones, may be permitted
therein, provided such uses are similar to those specifically mentioned and are, in the opinion of Council,
or a designate of Council, not more obnoxious or detrimental to the welfare of the community, than the
permitted uses specifically mentioned in the respective zone.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 3
Multiple Uses on One Lot
Notwithstanding any other provisions of this By-law, where any land, building or structure is used for
more than one permitted use, all provisions of this By-law shall be complied with for each use, except in
the case of lot area, lot frontage, coverage and minimum yard requirements in which case the most
restrictive or stringent requirement shall apply.
Properties with More than One Zone
Where a lot is divided into more than one zone, each such portion of said lot shall be considered
separately for the purposes of determining zone provisions such as lot area, lot frontage, required front
yard, required side and rear yards and each such portion shall conform to the provisions of the
appropriate zone, but no lot shall have more than one dwelling unit on the whole except as specifically
provided in this By-law.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 4
ADMINISTRATION
Scope
No building, structure or land shall be used, and no building or structure shall be hereafter erected within
that portion of the Town as now or henceforth legally constituted to which this By-law applies except in
conformity with the provisions of this By-law.
Administration and Enforcement
This By-law shall be administered by the Chief Building Official, By-law Enforcement Officer, or such other
person as Council shall designate, and no permit for the use of land or for the erection of any building or
structure or approval of any municipal license within the area to which this By-law applies, shall be issued
where the proposed use, building or structure would be in violation of any provision of this By-law.
Application and Plans
In addition to the requirements of this Zoning By-law, every application for a building permit shall be
accompanied by plans, in duplicate drawn to an appropriate scale and based upon an actual survey and
showing:
Every such application shall be signed by the owner of the lot or the owner's agent duly authorized
thereunto in writing and by the Building Inspector and such application shall set forth in detail the current
and proposed use of the lot and any building or structure thereon, together with all information necessary
to determine whether or not every such proposed use of land, building or structure conforms with the
requirements of this By-law.
Conformity
No land to which this By-law applies shall hereafter be used and no building or structure shall hereafter be
erected or used except in accordance with the general and special provisions of this By-law, but nothing in
this By-law prevents the use of any land, building or structure for any use prohibited by this By-law if such
land, building or structure was lawfully used for such purpose on the day this By-law comes into effect.
Inspection
The authority having jurisdiction to enforce this By-law from time to time is hereby authorized, after
reasonable notice to the owner or assessed owner, occupant or apparent occupant of the property in
question, to enter at all reasonable hours for the purposes of inspection.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 5
Violation and Penalty
Any person who uses any land or erects or uses any building or structure in a manner contrary to any
requirements of this By-law, or who causes or permits such use or erection, or who violates any provision
of this By-law or causes or permits a violation, is guilty of an offence and upon conviction therefore, shall
be liable to a fine not exceeding ten thousand (10,000) dollars, exclusive of costs, which shall be
recoverable under the Provincial Offences Act, R.S.O. 1990, as amended.
Each day of violation shall constitute an offence, and in the case of failure to correct the offence, the fine
can be charged on a per diem basis.
Repetition of Offence
The conviction of an offender upon a breach of any of the provisions of this By-Law, shall not prevent
prosecution against the same offender upon any subsequent breach of the same or any other provision of
this By-Law.
Remedies
Where any building or structure is or is proposed to be erected, 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 any requirements of this By-law such contravention may be restrained by action
at the instance of any ratepayer or of the Town pursuant to the provisions of the Planning Act.
Validity
Should any section, or part of a section, of this By-law for any reason be held to be invalid, it is the
intention that all the remaining provisions shall remain in full force and effect.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 6
DEFINITIONS
In this By-law, unless the context otherwise requires:
ACCESSORY BUILDING shall mean a detached building located on the same lot as the main building, the
use of which is incidental or secondary to that the main building and which is not used for permanent
human habitation, and may include a sleep camp, a private garage, a boathouse, a tool shed, a storage
building, or a warehouse.
ACCESSORY USE shall mean a use that is normally incidental, subordinate and exclusively devoted to a
principle use located on the same lot therewith.
ADULT ENTERTAINMENT BUSINESS shall mean any premises or part thereof including a retail store,
entertainment parlour, or other business in which the principle trade provided, in pursuance of a trade,
calling, business, occupation, goods, or services appeals to or is designed to appeal to erotic or sexual
appetites or inclinations.
AGRICULTURAL USE shall mean the use of lands, buildings or structures for the purpose of forestry, field
crops or fruit farming, market gardening, dairying, animal husbandry, poultry raising, beekeeping,
aquaculture, and such uses as are customarily and normally related to agriculture and includes a farm
dwelling and accessory buildings.
AIRFIELD shall mean land used for the purpose of the landing, storing, taxiing and taking-off of private
aircraft as the primary function or accessory to a residential use, but not an airport under the regulation
of the Ministry of Transport.
AIRPORT shall mean any land, lot or buildings used for the purpose of landing, storing, taxiing, and taking-
off of private or commercial aircraft, pursuant to the regulations of the Ministry of Transport.
ALTER shall mean any alteration in a bearing wall or partition, column, beam, girder or other supporting
member of a building or structure or any increase in the area or volume of a building or, structure.
ANIMAL HOSPITAL shall mean the premises of a registered veterinarian where animals, birds or other
livestock are treated or kept, but does not include a kennel.
BASEMENT shall mean that portion of a building which is partly underground but which has more than
one-half of its height, from finished floor to underside of floor joists of the next above storey, above the
adjacent average finished grade level adjacent to the exterior walls of the building and in which the height
from finished grade to underside of the floor joists of the next above storey is less than one and eight-
tenths (1.8) metres.
BASEMENT, WALKOUT shall mean that portion of a building which is partly underground, but
which has more than fifty percent (50%) of the floor area not greater than one-half (0.5) metres
below grade, and which has an entrance and exit at grade level. This definition shall only apply in
an area where the natural terrain permits construction of a walkout basement.
BED AND BREAKFAST ESTABLISHMENT shall mean a dwelling unit or portion thereof, in which the
proprietor resides and supplies for hire or gain to other persons, particularly tourists, on a temporary or
day to day basis, lodging with or without meals, but shall not include a boarding house, hotel, motel,
tourist cabin establishment or restaurant accommodating the general public. Such an establishment shall
provide for no more than three (3) guest rooms used or maintained for the accommodation of the public
and shall be clearly secondary to the use of the dwelling unit as a private residence.
BOATHOUSE
BOATHOUSE, LAND BASED shall mean a building or structure or part thereof located on land and
not more than one and one half storeys in height, used for the storage of private boats and
equipment accessory to their use and accessory to a residential use, part of which may be used
for sleeping accommodations.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 7
BOATHOUSE, WATER BASED shall mean a building or structure or part thereof located on a body
of water and not more than one and one half storeys in height, used for the storage of private
boats and equipment accessory to their use and accessory to a residential use, part of which may
be used for sleeping accommodations.
BUILDING shall mean any structure, whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, materials or equipment, other than a fence or wall.
BUILDING LINE shall mean a line lying in the interior of a lot drawn parallel to a lot line for the
purpose of establishing the minimum distance that must exist between a building or structure
erected upon the land and a lot line.
BUILDING, MAIN shall mean that building the nature of the use of which is determined by the
Zone of the lot upon which it is authorized to be constructed or upon which it is constructed.
BUILDING SETBACK shall mean the least horizontal distance permitted between a lot line of a lot
and the nearest portions of any building envelope on such lot.
BUILDING INSPECTOR shall mean the officer or employee of the Town from time to time charged by the
Town with the duty of administrating the provisions of the Building By-law.
BUSINESS OR PROFESSIONAL OFFICE shall mean an office in which any business is carried on or any
profession is practiced but does not include a home occupation or a clinic.
CAMP shall mean one building or structure designed and built on a lot as an independent and separate
housekeeping establishment with separate culinary and sanitary facilities, provided for temporary
occupancy during vacation periods and not for permanent occupancy.
CAMPGROUND shall mean a parcel of land managed as a unit on a commercial basis for campers who
provide their own sleeping facilities such as tents or travel trailers but such campers are provided with
sanitary and waste disposal facilities by the campground management.
CELLAR shall mean that portion of a building which is partly or entirely underground but has more than
one-half of the building height from finished floor to finished ceiling below the average finished grade
level adjacent to the exterior walls of the building.
CEMETERY shall mean a parcel of land set apart or used as a place for the internment of the dead or in
which human bodies have been buried.
CHIEF BUILDING OFFICIAL shall mean the person duly appointed by Council as the Chief Building Official
and charged with the duty of enforcing the provisions of the Building Code Act, S.O. 1992, Chapter 23,as
amended, together with any regulations thereunder, and the Building By-Law.
CHILD CARE CENTRE shall mean an establishment providing care and maintenance of children separated
from their parents or guardian during the part of the day except a public school or elementary school
having a similar curriculum and at least four grades.
CLINIC shall mean a public or private building used for medical, surgical, dental, physiotherapeutic,
chiropractic or other human health treatment by one or more practitioners.
CLUB shall mean an association of persons, whether incorporated or not, united by some common
interest, meeting periodically for cooperation or conviviality. Club shall also mean, where the context
requires, premises owned or occupied by members of such associations within which the activities of the
club are conducted.
COMMERCIAL means the use of land, building, or structure for the purpose of buying and selling
commodities and supplying of services as distinguished from such uses as manufacturing or assembling of
goods, warehousing, transportation terminals, construction and other similar uses.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 8
COMMUNITY CENTRE shall mean any tract of land, building, buildings, or any part of any buildings used
for community activities whether used for commercial purposes or not, and the control of which is vested
in the Town, a local board or agent thereof.
COMMUNITY GARDEN means land used for the growing and harvesting of plants, grains, vegetables, or
fruits and provided the crops are for the sole use, donation or consumption by the individual or
individuals growing or working the community garden. It shall not be considered as landscaped area,
landscape open space, landscaped strip, or landscaping.
COMPOSTING FACILITY shall mean an open windrow waste processing facility in which leaf and yard
waste is processed into compost through an aerobic biological process, conducted under controlled,
engineered conditions designed to produce stabilized humus.
CONSERVATION USE shall mean the preservation and protection of the components of the natural
environment through management and maintenance for both the individual and society's uses, both in
the present and in the future.
CONVENIENCE RETAIL shall mean a retail commercial establishment, not exceeding one hundred and
forty (140) square metres of gross floor area which deals primarily in goods required by the inhabitants of
a residential area to meet their day-to-day needs, but shall not include a store catering primarily to the
general commercial requirements of the residents of an area.
COUNCIL shall mean the Council of the Town of Northeastern Manitoulin and the Islands.
COURT shall mean an open, uncovered space on a lot, surrounded on all four sides by the principal
building or structure.
DAY LIGHTING TRIANGLE shall mean an area free of buildings or structures, which area is to be
determined by measuring from the point of intersection of street lines on a corner lot, the distance
required by this By-law along each such street line and joining such points with a straight line. The
triangular shaped land between the intersecting street lines and the straight line joining the points the
required distance along the street lines is the "day lighting triangle".
DEVELOPMENT shall mean the construction, erection or placing of one or more buildings or structures on
land in the making of an addition or alteration to a building or structure that has the effect of substantially
increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot.
DISTILLERY means a place where liquor is manufactured
DWELLING shall mean a building, occupied or capable of being occupied as a home, residence, or sleeping
place by one or more persons, that includes a kitchen and washroom facilities.
DWELLING, APARTMENT shall mean a building consisting of five or more dwelling units, which
units have a common entrance from the street level and the occupants of which have the right to
use in common halls and/or stairs and/or elevators and yards.
BOARDING HOUSE shall mean any single detached dwelling unit structure in which the
proprietor resides and occupies floor space for the purposes of the boarding house as his
residence, and supplies for hire or gain to up to four (4) persons, lodging with or without meals in
rooms furnished by the proprietor with necessary furnishings and includes a rooming house, but
does not include a bed and breakfast establishment, hotel or apartment, motel or tourist home.
DWELLING, CONDOMINIUM TOWNHOUSE shall mean a townhouse dwelling unit, as defined in
this By-Law, constructed and maintained under the provisions of the Condominium Act.
DWELLING, DUPLEX shall mean a building of two (2) or more storeys that is divided horizontally
into two dwelling units each of which has an independent entrance either directly or through a
common vestibule.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 9
GARDEN SUITE / GRANNY FLAT means a temporary, one-unit, self-contained, and portable
detached residential structure that is clearly ancillary to and on the same lot as a single or semi-
detached dwelling, and excludes a trailer as defined herein.
GROUP HOME shall mean a residence that is licensed or funded under the Government of
Canada or the Province of Ontario in which up to 10 persons live under supervision in a single
housekeeping unit.
HOMELESS SHELTER/SHELTER shall mean a temporary residences of desperation for homeless
people which seek to protect vulnerable populations from the often - devastating effects of
homelessness while simultaneously reducing the environmental impact on the community
MOBILE HOME shall mean any dwelling that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons for year-round
occupancy in accordance with Canadian Standards Association Standard Z240, but does not
include a travel trailer or tent trailer or trailer otherwise designed.
MODULAR HOME shall mean a single detached dwelling which has been manufactured in a
factory remote from the site where it is intended to be used and transported to the site for
installation on a prepared foundation and which unit complies with all applicable standards of
the Canadian Standards Association and for the purpose of this By-law shall be considered as a
single detached dwelling.
DWELLING, MULTIPLE shall mean a building designed and intended to contain three of more
dwelling units independent of each other but shall exclude an apartment dwelling or townhouse
dwelling.
RETIREMENT HOME means a residential use building containing rooming units or a combination
of rooming and dwelling units, providing residence mostly to senior citizens who do not require
assistance with daily living, and which may provide ancillary health, personal service, and
recreational services to serve the residents of the home.
ROOMING HOUSE means a building or portion thereof in which the proprietor resides and
supplies for hire or gain to more than two persons, lodging and/or meals, but shall not include a
hotel, hospital or nursing home.
DWELLING, SEASONAL shall mean a dwelling constructed as a secondary place of residence for
seasonal vacations and recreational purposes and not as a principal place of residence of the
owner or occupant thereof.
SECONDARY UNIT (basement apartment, or in-law suite) means a self-contained dwelling unit
with kitchen and bathroom facilities that is ancillary and subordinate to a main dwelling that may
be contained within the main building or in an accessory building.
DWELLING, SEMI-DETACHED shall mean a building that is divided vertically into two dwelling
units each of which has an independent entrance either directly or through a common vestibule.
DWELLING, SINGLE DETACHED shall mean a completely detached dwelling unit.
TINY HOUSE shall mean a residential building containing a single dwelling unit intended for year-
round use, with a maximum width of 3.0 m and a maximum floor area of 40 sqm. These may be
constructed on a chassis or a foundation.
DWELLING, TOWNHOUSE shall mean a building that is divided vertically into three or more
dwelling units, each of which has independent entrances, to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
DWELLING UNIT shall mean one room or a group of rooms in a building used or designed or
intended to be used only as a single, independent and separate housekeeping establishment
and,
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 10
a) in which food preparation and sanitary facilities are provided for the exclusive use
of the residents of the dwelling unit, and
b) which has a private entrance from outside the building or from a common hallway
or stairway inside the building, but
c)
does not mean or include a tent, or a room or suite of rooms in a boarding or
rooming house, in a hotel, motel, motor hotel, tourist cabin establishment, bed and
breakfast establishment or a guest cabin.
EATING ESTABLISHMENT shall mean a building or part of a building where food is offered for sale or sold
to the public for immediate consumption therein and includes a restaurant, cafe, tea or lunch room, dairy
bar, coffee shop or refreshment room or stand but does not include a boarding, or rooming house, or a
bed and breakfast establishment.
EMERGENCY VEHICLE DISPATCH CENTRE shall mean a building or place used for the storage, cleaning,
incidental maintenance and dispatch of police, fire and ambulance vehicles and employees.
ERECT shall mean to build, construct, reconstruct, alter and relocate, and without limiting the generality
of the foregoing shall be taken to include any preliminary physical operations, such as excavating,
berming, grading, piling, cribbing, filling or draining structurally altering any existing building or structure
by an addition, deletion, enlargement or extension.
ESTABLISHED BUILDING LINE shall mean the average distance from the street line to existing buildings on
one side of any block where more than half the frontage has been built upon at the date of final passage
of this By-law.
ESTABLISHED GRADE shall mean with reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior of the front of such building and when used with
reference to a structure shall mean the average elevation of the finished grade of the ground immediately
surrounding such structures, exclusive in both cases of any artificial embankment or entrenchment and
when used with reference to a street, road or highway means the elevation of the street, road or highway
established by the Town or other designated authority.
EXISTING shall mean existing as of the date of the final passing of this By-law.
EXTRACTIVE INDUSTRIAL USE means the use of land for the extraction of mineral aggregate including
sand, gravel, shale, clay, and bedrock suitable for the production of crushed stone, building stone, cement
products, and other similar materials.
FARM shall mean land used for the growing of trees, grain, vegetables, or fruit crops, the grazing or
pasturing of livestock, or dairying, and includes a farm dwelling and accessory buildings and such buildings
as a barn, a grain and feed storage facilities and silos.
FARM, SPECIALIZED USE shall mean land on which the predominant use of land and/or buildings
is for the raising of chickens, turkeys, or other fowl, fur-bearing animals, hogs or the growing of
mushrooms, or sod, or the intensive feeding of cattle in a confined area and includes a farm
dwelling and accessory buildings.
FARM PRODUCE/PRODUCT STAND means a building or structure used for the sale of fresh fruit,
vegetables, grains and edible plants which are grown on a farm on a seasonal basis. Products
derived from the farm produce may also be sold.
FENCE means something which forms a barrier for enclosing, bounding, delineating, or protecting land,
and shall not constitute a structure unless it is over 1.8 m in height.
FINANCIAL INSTITUTION shall mean a premises in which financial services are offered to the public and
includes a bank, credit union, trust company, savings office, investment advising or any other retail banking
or investing operation.
Town of Northeastern Manitoulin and the Islands
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J.L. Richards & Associates Limited
As Adopted - November 6, 2018
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FLOOD PLAIN shall mean the horizontal area below the high water mark of a watercourse (including a
drainage canal) or lake that has been or may be covered by flood water during a regional flood or a one-
in-one hundred year flood or as defined by The Ministry of Natural Resources.
FLOOR AREA
FLOOR AREA, DWELLING shall mean the total habitable floor area within a building which area is
measured between the exterior faces of the exterior walls or from the centre line of a common
or party wall, but excluding any private garage, breezeway, porch or veranda, balcony, sun room,
attic, basement or cellar, except that where the natural terrain permits a walkout basement,
twenty-five percent (25%) of the floor area of the walkout basement shall be considered as
habitable floor area.
FLOOR AREA, GROSS shall mean the aggregate of the floor areas of all the storeys of a building
including twenty-five percent (25%) of the floor area of any walkout basement but not of any
cellar, and which floor areas are measured between the exterior faces of the exterior walls of the
building at each floor level but excluding car parking areas within the building and for the
purposes of this clause, the walls of an inner court shall be deemed to be exterior walls.
FLOOR AREA, GROUND shall mean the floor area of the lowest storey of a building
approximately at or first above the average finished grade level, excluding any basement or
cellar, which area is measured between the exterior faces of the exterior walls at the floor level
of such storey, but
a) excludes car parking or loading areas within the building; and
b) for the purpose of this paragraph the walls of an inner court are and shall be deemed to be
exterior walls.
FLOOR AREA, RETAIL shall mean the gross floor area of a commercial building devoted to retail
purposes.
FORESTRY USE means an area of land used for cultivating or harvesting trees, with or without the sawing,
splitting or sale of timber originating solely on the same lot therewith as uses accessory thereto.
GARAGE
GARAGE, COMMERCIAL shall mean a general industrial establishment for the:
GARAGE, PRIVATE ATTACHED shall mean a private garage, accessory to a dwelling unit on the
same lot and attached by a common wall and/or common roof structure; provided however, for
the purpose of determining lines of setback and side yard, an attached garage shall be
considered part of the main building. Also for the purposes of this definition, a wall between a
house and an attached garage may be considered "common" as long as at least forty percent
(40%) of the length of the attached garage wall is common with the dwelling wall.
GARAGE, PRIVATE DETACHED shall mean an accessory building or portion of a building which is
designed or used for the sheltering of private motor vehicles and the storage of household
equipment incidental to residential occupancy and in which there are no facilities for repairing or
servicing of such vehicles for remuneration or commercial use.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
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GARAGE, PORTABLE/ TEMPORARY means a prefabricated structure usually constructed with a
metal, wood, or plastic frame and covered with a tarpaulin or other similar type of fabric or
plastic cover, used primarily for the storage of a vehicle and other items.
GASOLINE BAR shall mean one or more pump islands, each consisting of one or more gasoline pumps,
and shelter having a gross floor area of not more than ten (10) square metres, excluding washrooms,
which shall not be used for the sale of any product other than liquids and small accessories required for
the operation of motor vehicles and shall not be used for repairs, oil changes, or greasing, and may
include a car washing establishment.
GOLF COURSE shall mean a public or private area operated for the purpose of playing golf and includes a
par 3 or larger golf course but does not include driving ranges, miniature golf courses and similar uses.
GREENHOUSE,
GREENHOUSE, COMMERCIAL shall mean a building for the growing of flowers, fruits, vegetables,
plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on
the same lot containing such greenhouse, but are sold directly from such lot at wholesale or
retail.
GREENHOUSE, FARM shall mean a building for the growing of plants, shrubs, trees and similar
vegetation which are transplanted outdoors on the same lot containing such greenhouse.
GUEST CABIN, see "SLEEP CAMP"
GUEST ROOM shall mean a non-commercial room or suite of rooms used or maintained for the
accommodation of the public and which contains no provisions for cooking.
HABITABLE ROOM shall mean a room which:
but does not include any room specifically defined herein as a non-habitable room.
HEIGHT shall mean, with reference to a building, the vertical distance measured from the finished
established grade level at the front elevation of such building to:
In calculating the height of a building, any construction used as an ornament or for the
mechanical operation of the building such as a chimney, tower, cupola or steeple shall not be
included.
HEREAFTER shall mean after the date of passing of this By-law
HEREIN shall mean anywhere in this By-law
HIGH WATER MARK shall mean the normal original water mark of any body of water as measured by an
Ontario Land Surveyor unless such high water mark has been altered by the construction of a public dam
or dams, in which case the measurement shall be from the high water mark as controlled by such dam or
dams.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 13
HOME INDUSTRY shall mean a gainful occupation including an electrical, woodworking, window frame,
welding, plumbing, machine shop, blacksmith or similar pursuit, conducted in whole or in part in an
accessory building to a single detached dwelling.
Home Industry (amendment approved August 4th, 2020)
Shall mean electrical, woodworking, welding, plumbing, machine shop, blacksmith or similar
pursuit, conducted in whole or in part in an accessory building to a single detached dwelling
HOME OCCUPATION OR PROFESSION shall mean any occupation that is carried on as an accessory use
and only by the residents of the dwelling or dwelling unit and may include a service or repair shop, a
personal service shop or an office of a doctor, dentist, lawyer, or a real estate agent, insurance agent, a
retail store (not a headquarters), planner, architect, engineer, or similar profession or occupation, but a
clinic, a nursing home, a restaurant, and an animal hospital shall not be deemed to be home occupations.
Home Occupation or Profession (amendment approved August 4th, 2020)
Shall mean any occupation that is carried on as an accessory use and only by the residents of the
dwelling or dwelling unit and includes a building on the property. Approved uses are a personal
service shop or an office of lawyer, real estate agent, insurance agent, planner, architect,
engineer, accountant or similar profession or occupation
HOSPITAL shall mean any institution, building or other premises or place established for the maintenance,
observation, medical and dental care and supervision and skilled nursing care of persons afflicted with or
suffering from sickness, disease or injury or for the convalescent or chronically ill persons.
HOTEL shall mean a building or part of a building or a group of buildings used primarily for the purpose of
providing overnight guest room accommodation to the travelling public, with or without accessory
restaurants, dining rooms or refreshment rooms, and includes any establishment containing guest rooms
which is defined as a hotel in the Hotel Registration of Guests Act, R.S.O. 1990, Chapter H.17, but does not
include any residential use.
HUNT CAMP shall mean an area where one or more buildings and/or tents are used for sleeping
accommodation, the preparation and serving of food and/or sports or recreation facilities, and intended
for use as a base camp for hunting. The hunt camp is to be used on a temporary or seasonal basis and is
not a commercial facility.
INDUSTRIAL USE shall mean the use of land, buildings or structures for the manufacturing, processing,
fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related
accessory uses.
INDUSTRIAL USE, DRY shall mean an industrial use that by the nature of its operation, process,
or fabrication of raw materials or service rendered does not require a water supply or generate
sanitary sewage beyond that associated with the normal sanitary and eating facilities required
for the employees.
INDUSTRIAL USE, LIGHT shall mean an industrial use engaged in, or used for:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
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INSTITUTIONAL USE means a building, structure, or lot used by an public entity, organized body, religious
group or society for an educational or non-profit, non-commercial purpose. This definition may include a
library, school, religious use, child care centre, private club, community and recreation facility, or any
public use.
KENNEL shall mean a building or structure where animals, birds or other livestock intended or used as
domestic household pets are kept or boarded and in the case of a dog kennel, the operation is registered
by the Canadian Kennel Club.
LANDFILL SITE shall mean any land approved by the Ministry of the Environment upon, into or in which
waste may be deposited or processed.
LANDFILLING shall mean the disposal of waste by deposit, under controlled conditions, on land and
included compaction of waste into a cell and covering the waste with cover material at regular intervals.
LANDSCAPING shall mean:
LANE shall mean a public or private thoroughfare that affords either a primary or a secondary means of
vehicular access to abutting lots and which is not intended for general traffic circulation.
LAUNDROMAT shall mean a building or structure where the services of coin-operated laundry machines,
using only water, detergents and additives that are made available to the public for the purpose of
laundry cleaning.
LOADING SPACE shall mean an unencumbered area of land which is provided and maintained upon the
same lot or lots upon which the principal use is located and which area:
LOT shall mean a parcel of land, whether such parcel is described in a registered deed or is shown on a
registered plan of subdivision including any of its parts which are subject to right-of-way or easement that
is capable of being legally conveyed.
Town of Northeastern Manitoulin and the Islands
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J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
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LOT OF RECORD shall mean a lot or parcel of land that can legally be conveyed and which
includes lots on a registered plan of subdivision, parcels created by consent in accordance with
the Planning Act or other distinct and separate holding, the deed/transfer to which is registered
in the Land Registration office and which lot or parcel of land was legally created prior to the
date of passing of this By-law. For the purposes of this definition, lots of record shall not include
those lots on a registered plan of Subdivision which has been deemed not to be a registered plan
of subdivision for the purposes of Section 59 (4) of the Planning Act R.S.O. 1990, as amended.
LOT AREA shall mean the total horizontal area within the lot lines of a lot and, in the case of a
corner lot having street lines rounding at the corner with a radius of six (6) metres or less, the lot
area of such lot shall be calculated as if the lot lines were projected to their point of intersection.
LOT, CORNER shall mean a lot situated at the intersection of and abutting on two or more streets
provided that the angle of intersection of such streets is not more than 135 degrees.
LOT COVERAGE shall mean that percentage of the lot area, covered by all buildings above ground
level, and shall not include that portion of such lot area which is occupied by a building or portion
thereof which is completely below ground level, and for the purpose of this definition the lot
coverage in each zone shall be deemed to apply only to that portion of such lot which is located
within said zone.
LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. Where these
lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of the
front and rear lot lines.
LOT FRONTAGE shall mean the horizontal distance between the side lot lines measured at right
angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel,
the lot frontage shall be measured by a line seven and one-half (7.5) metres back from and
parallel to the chord of the lot frontage. For the purpose of this By-Law the chord of the lot
frontage is a straight line joining the two points where the side lot lines intersect the front lot
lines.
LOT, INTERIOR shall mean a lot situated between adjacent lots and having access to one street.
LOT LINE shall mean any boundary of a lot.
LOT LINE, FLANKAGE shall mean a side lot line which abuts the street on a corner lot.
LOT LINE, FRONT shall mean the lot line that divides the lot from the street, but:
in the case of a corner lot with two street lines of equal lengths, the lot line that abuts
the wider street or abuts a Provincial Highway shall be deemed to be the front lot line,
and in the case of both streets being under the same jurisdiction, or of the same width,
the Town may designate either street line as the front lot line;
in the case of a corner lot abutting a 0.3 metre reserve the lot so abutting the 0.3 metre
reserve shall be deemed an exterior side lot line and the other line abutting the street
shall be deemed the front lot line;
in the case of a through lot, the longer boundary dividing the lot from the street shall be
deemed to be the front lot line and the opposite shorter boundary shall be deemed to
be the rear lot line. In case each of such lot lines should be of equal length, the Town
may designate either street line as the front lot line;
in the case of a lot with frontage on a navigable stream, river or lake, or marine road
allowance the front lot line shall be either the line of the established high water mark of
such stream, river or lake, or the line of the inner limit of the original marine road
allowance along the shore of such stream, river or lake; and
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 16
in the case of a lot with frontage on a navigable stream, river or lake, or marine road
allowance and an open and maintained road allowance, the front lot line shall be either
the line of the high water mark of such stream, river or lake, or the inner line of the
original marine road allowance along such stream, river or lake or the lot line adjacent
to the open and maintained municipal road allowance.
LOT LINE, REAR shall mean the lot line opposite the front lot line.
LOT LINE, SIDE shall mean the lot line other than a front or rear lot line.
LOT, THROUGH shall mean a lot bounded on two opposite sides by streets, provided however,
that if any lot qualifies as being both a "lot, corner" and a "lot, through" as hereinbefore defined,
such lot shall be deemed a "lot, corner" for the purpose of this By-Law.
MAIN WALL shall mean the exterior front, side or rear wall of a building, and all structural members
essential to the support of a fully or partially enclosed space or roof, where such members are nearer to a
lot line than the said exterior wall.
MARINA shall mean a commercial establishment where a boathouse, boat storage, boat repair facilities,
boat rental, pier, dock or jetty facilities or any combination of the foregoing are available for all types of
marine - pleasure craft and may include a gasoline pump for the fuelling of marine craft and a building or
structure for the sale of marine craft, accessories and/or refreshments.
MATERIAL RECOVERY FACILITY OR AREA shall mean a waste processing facility or area in which source
separated material is processed into recyclable or reusable material. Processing may include such
activities as sorting, baling, treatment and other forms of material recovery and short-term storage of
processed material.
MICROBREWERY OPERATION (By-law 2016-19) shall mean a facility at which manufacturing of
handcrafted ales and lagers beer form raw materials (malt, hops, water and yeast) are produced on the
premises with a commercial and certified brewing system. Operations will further include the cold storage
of beer products manufactured on site, and retail and distribution sales of those beer products. The
facility may include a hospitality and tasting area, but shall not include a restaurant, tavern, bar, night
club, or takeout food service.
MOBILE HOME PARK shall mean a lot serviced with communal sewer and water services or municipal
water and sewer services and managed by a mobile home park operator, for the permanent placement of
one or more mobile homes or factory built park model homes or double-wide homes on individual mobile
home sites, and may also include a park, place of recreation, convenience retail store, dry cleaning
distribution station, laundromat and personal service establishment, all for the use of the mobile home
park occupants only and may be licensed by the Town.
MOTEL, MOTOR HOTEL shall mean a building or buildings or part thereof on the same lot used to
accommodate the travelling public for gain or profit, by supplying them with sleeping accommodations,
with or without meals.
MOTOR VEHICLE SALES AREA shall mean a place comprised of land or a building or both, the purpose of
which is for the display or sale, or both, of new and/or used motor vehicles and/or recreational vehicles;
but does not include an automobile wrecking or salvage yard or a scrap yard.
MULTI-USE FACILITY means a facility that offers a variety of programs of a recreational, cultural, day care,
social, community service, informational, instructional, or municipal nature, and may include, as a portion
of it, a medical facility.
MUNICIPALITY means the Corporation of the Town of Northeastern Manitoulin and the Islands.
NON-COMPLYING shall mean an existing lot or building or buildings which does not comply with one or
more of the zone provisions or standards for the zone within which said lot or building or buildings are
located.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
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NON-CONFORMING shall mean an existing use that is not permitted in the zone in which it is located.
NON-HABITABLE ROOM shall mean any room in a dwelling other than a habitable room including, but not
so as to limit the generality of the foregoing, a laundry room, a pantry, a lobby, a communicating corridor,
a stairway, a closet, a sunroom, a veranda, a porch, a balcony, a private garage, an unfinished attic, a
boiler room and any space used for the service and maintenance of such dwelling or for vertical travel
between storeys.
NURSING HOME shall mean a building in which the proprietor supplies for hire or gain, lodging with or
without meals and, in addition provides nursing, medical, or similar care and treatment, if required and
includes a rest home or convalescent home, and any other establishment required to operate under the
appropriate statute.
NUISANCE means unreasonable, unwarranted, unlawful interference with a right common to the general
public.
OBNOXIOUS USE shall mean an offensive use or trade within the meaning of The Public Health Act or any
use which is a nuisance by reason of emission, or the creation of odours, gases, dirt, smoke, noise,
vibration, fumes, cinders, soot, waste, or the depositing or leaving of unsightly objects or chattels on land.
OFFICE shall mean a room or rooms where business may be transacted, a service performed or
consultation given but shall not include the manufacturing of any product.
OPEN SPACE shall mean an unoccupied space open to the sky except such land as is used or required for
parking purposes by this By-Law, and may include any facility park or recreation area, owned, operated or
maintained in whole or in part by any public authority for public use, and shall include neighbourhood,
community, regional and special parks or areas.
OUTDOOR FURNACE means an appliance located outside of any building or structure, which it is intended
to heat by combustion.
OUTDOOR STORAGE means land used for the outdoor storage of equipment, goods or materials. This
definition shall not include a storage use located in a building, a salvage yard, a parking area, or a parking
space.
PARK shall mean an area of land designed for the purposes of passive or active leisure activities and may
include thereon one or more athletic fields, field houses, community centres, bleachers, swimming pools,
wading pools, skate boarding areas, bandstands, skating rinks, refreshment rooms, or arenas.
PARK, PUBLIC shall mean a park owned or controlled by a Public Authority or by any Board,
Commission or other Authority established under any statutes of the Province of Ontario or the
Government of Canada.
PARKING AREA shall mean an area of land which is provided and maintained upon the same lot or lots
upon which the principal use is located and which area:
PARKING LOT shall mean a parking area forming the principle use of a lot.
PARKING SPACE shall mean an area of land which:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 18
PERSON shall mean an individual, association, firm, partnership, corporation, trust, incorporated
company, corporation created under The Condominium Act, organization, trustee or agent, and the heirs,
executors or other legal representatives of a person to whom the context can apply according to law.
PERSONAL SERVICE SHOP shall mean a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons, such as a
barber's shop, a ladies hairdressing establishment, a shoe shine shop and other similar services.
PHARMACY shall mean a building or part thereof where drugs are prepared and dispensed.
PIT shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill or other material is being
or has been removed by means of an excavation to supply materials for construction, industrial or
manufacturing purposes, but does not include a wayside pit.
PLACE OF ENTERTAINMENT shall mean a motion picture or other theatre, arena, auditorium, public hall,
billiard or pool room, bowling alley, ice or roller skating rink, dance hall, music hall, bingo halls,
amusement arcades, or similar use.
PLACE OF WORSHIP means a building maintained and controlled by a religious body organized to sustain
public worship and dedicated to religious worship and may include a synagogue, a church hall, church
auditorium, Sunday school, convent, monastery, mosque, or parish hall or any other place of worship.
PORTABLE STORAGE CONTAINER shall mean a pre-fabricated metal unit/container, also known as a sea-
bin, that is self-contained, used for transportation of goods by air, sea or land, and is larger than 3.0 sqm
in area. For the purposes of this by-law a portable storage container is not a structure or a building and is
to be used for storage only and not for human habitation.
PRIVATE ROAD shall mean a private right-of-way over private property that affords access to abutting lots
and is not maintained by a public body.
PUBLIC AUTHORITY shall mean The Council and any School Board or other board or commission or
committee of the Town established or exercising any power or authority under any general or special
statutes of Ontario with respect to any of the affairs or purposes of the Town or a portion thereof, and
includes any committee or local authority established by By-Law of the Town.
PUBLIC BUILDING shall mean any building or structure owned or leased by a municipal corporation, the
Province of Ontario or the Government of Canada and in which government activities are carried out.
PUBLIC UTILITY shall mean a waterworks, a water supply system, sewage works, electrical power or
energy generating, transmission or distribution system, street lighting system, natural or artificial gas
works or supply system, a transportation system or a telephone communications system, and includes
any lands, buildings or equipment required for the administration or operation of any such system.
QUARRY means land or land under water from which consolidated aggregate is being or has been
excavated, and that has not been rehabilitated, as defined in the Aggregate Resources Act.
RECYCLING CENTRE shall mean a building or an area where used material is separated prior to shipment
to others who will use those materials to manufacture new products.
RENEWABLE ENERGY GENERATION FACILITY means a facility that generates electricity from a renewable
energy source, inclusive of a dam, powerhouse, solar power installations, transmission lines, and all
associated lands, improvements and infrastructure required for its operation, for the generation and
transmission of electricity therefrom.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 19
RESTAURANT shall mean a building or structure or part thereof where food is prepared and offered for
sale to the public for consumption within the building or structure or off the site, and shall include a
restaurant cart, but does not include a drive-in restaurant.
RESTAURANT CART means a building or trailer, even if it is stationary, used on a seasonal basis
for the preparation and cooking of a limited selection of meals and the sale of such food and
refreshments to the public for consumption on an attached patio or for consumption off the
premises. The patio must be used in conjunction with the restaurant cart and means an outdoor
area located on the same lot as the restaurant cart, however, the patio area must be more
commonly known as a chip stand or hot dog cart.
RESTAURANT, DRIVE-IN shall mean premises consisting of a building or structure, together with
a parking area, from which food, refreshments, dairy products or beverages are offered for sale
or sold to the public for consumption either in automobiles parked on the parking area or for
consumption elsewhere on the premises, but not necessarily within such building or structure,
and does not include a building or structure where food, refreshments, dairy products or
beverages are offered for sale or sold to the public only for consumption within the building or
structure or off the premises.
RETAIL STORE shall mean a building or part thereof in which goods, wares, merchandise, substances,
articles or things are offered or kept for sale directly to the public at retail prices.
RIGHT-OF-WAY shall mean an area of land that is legally described in an registered deed for the provision
of private access to abutting lots and does not include a land, road or street.
SCHOOL shall mean an elementary school, a high school, a continuation school, a technical school, a
college or university or any other school established and maintained at public expense but does not
include a school funded at public expense.
SCHOOL, COMMERCIAL (ADULT TRAINING) shall mean a training facility where the courses of instruction
relate primarily to industrial arts and vocational and technical subjects, with or without the accessory
wholesale or retail sale or articles manufactured on the premises or the supplying of services or crafts to
the public in the manner of a service trade or a service shop, provided that such articles, services or crafts
are directly related to a course of instruction conducted by the said school.
SCIENTIFIC OR MEDICAL LABORATORY shall mean a building or part thereof wherein scientific or medical
experiments, tests, researches or investigations are systematically conducted and where drugs, chemicals,
glassware or other substances or articles pertinent to such experiments, tests or investigations are
manufactured or otherwise prepared for use on the premises.
SCRAP OR SALVAGE YARD shall mean a lot and/or land for the storage and/or handling of scrap material,
which without limiting the generality of the foregoing, shall include waste paper, rags, bones, bottles, and
used bicycles, vehicles, tires, metal and/or other scrap material and salvage.
SELF-STORAGE FACILITY shall mean a location where units can be rented or purchased to provide indoor
and outdoor storage of goods.
SERVICE INDUSTRY shall mean a public garage including engine and auto body repair shop, a printing
establishment, a cleaning establishment, a paint shop, plumbing shop, sheet metal shop and similar uses.
SERVICE OR REPAIR SHOP shall mean a building or part of a building not otherwise classified or defined in
this By-law and whether conducted in conjunction with a retail establishment or not, for the servicing,
repairing or renting, of articles, goods, materials, but does not include the manufacture or assembly of
articles, goods or materials, bicycles, wheel chairs, orthopaedic and prosthetic appliances and articles for
fabric mending, window glazing, metal replating, painting and refinishing furniture and other household
goods and includes a key shop, a custom picture framing shop, the business of renting small tools and
appliances, costumes, chairs, tables, musical instruments and public address systems and other like
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 20
articles and equipment, but shall not include the renting of automobiles, trucks, construction equipment
or other similar articles.
SERVICE SHOP, HEAVY shall mean a shop not otherwise classified or defined in this By-law and
whether conducted in conjunction with a retail store or not, for servicing or repairing tires
including vulcanizing or retreading, batteries, brakes or radiators, automotive ignition, exhaust or
electrical systems, furnace and oil burners, water and air coolers and domestic water heaters,
fixtures and equipment and any other like articles, the business of renting automobiles or trucks,
light construction or lawn care equipment, and includes the regular place of business of a master
electrician or plumber.
SETBACK shall mean the distance between the lot line and the nearest main wall of any building or
structure and extending the full width or length of the lot.
SEWAGE DISPOSAL FACILITIES shall mean a system of underground pipes or conduits and related
pumping and treatment appurtenances operated by the Town and/or the Ontario Ministry of the
Environment for public use.
SHIPPING CONTAINERS/SEA CANS see "PORTABLE STORAGE CONTAINER". SITE PLAN shall mean a
scaled drawing showing the relationship between the lot lines and the uses, buildings or structures
existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped
areas, building areas, minimum yards, building heights, floor areas, densities and areas for special uses.
SLEEP CAMP shall mean a non-commercial building for sleeping accommodation accessory to a dwelling
in the Shoreline Residential Zone and which contains no provisions for cooking or washroom facilities.
SOLAR POWER INSTALLATIONS
SOLAR POWER INSTALLATIONS, ACCESSORY means systems designed to capture the sun's
energy and convert it to electricity. Such systems may be tied to the electrical grid, however they
are clearly secondary and subordinate in nature to the main use on the property.
SOLAR POWER INSTALLATIONS, COMMERCIAL means systems designed to capture the sun's
energy for the sole purpose of selling power back to the electrical grid. This definition does not
include those installations which have received a Renewable Energy Approval.
STOREY shall mean that portion of a building between any floor and the floor, ceiling or roof next above,
provided that any portion of a building partly below grade level shall not be deemed a storey unless its
ceiling is at least one and eight-tenths (1.8) metres above average grade and provided also that any
portion of a storey exceeding four (4) metres in height shall be deemed an additional storey for each four
(4) metres or fraction thereof of such excess.
STOREY, ONE HALF shall mean the portion of a building located wholly or partly within a sloping
roof having a floor area of not less than one-third or more than two-thirds of the floor area of the
storey next below, sidewalls not less than one and two tenths (1.2) metres in height and a ceiling
with a minimum height of two and three tenths (2.3) metres over an area equal to at least fifty
percent (50%) of its floor area.
STREET OR ROAD, shall mean a public highway as defined by The Municipal Act and The Highway Traffic
Act and shall exclude a lane or right-of-way or unopened road allowance, or any street which is shown on
a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under
Section 50(4) of The Planning Act, R.S.O. 1990, as amended, or which has not been assumed by the Town.
STREET LINE shall mean the boundary line of a street.
STRUCTURE shall mean anything that is erected, built or constructed of parts joined together or any such
erection fixed to or supported by the soil and/or any other structure. For the purposes of this By-law, a
fence not exceeding 1.8 m shall not be deemed to be a structure.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 21
SWIMMING POOL shall mean an artificial body of water, either in ground or above ground, intended and
used primarily for bathing, swimming and diving but shall not include a natural dug or dammed pond
which is intended primarily for aesthetic or agricultural purposes.
TAVERN means a building or structure or part thereof that is primarily used for the sale and service of
alcoholic beverages with or without entertainment and shall not include a restaurant.
TEMPORARY means anything that is not intended to be permanent, and is intended for removal or
demolition within a prescribed time.
TOURIST CABIN ESTABLISHMENT shall mean an establishment comprising land and buildings under single
ownership where individual cabins are offered for rent to tourists on a short term basis. Such cabins may
include food preparation facilities. In addition, a permanent residence for the owner or proprietor may
be located on the site.
TOWN shall mean the Town of Northeastern Manitoulin and the Islands.
TRAILER shall mean any vehicle so constructed that it is suitable for being attached to a motor vehicle for
the purposes of being drawn or propelled by the said motor vehicle and capable of being used for living,
sleeping or eating accommodation or the transport of a boat, tent or materials, notwithstanding that such
vehicle is jacked up or, that its running gear is removed.
TRAILER PARK shall mean an establishment comprising land or premises under single ownership,
licensed by the Town and used for the parking of tourist or travel trailers on a temporary or
seasonal basis and where community laundry, social, local commercial and recreational facilities
for the exclusive use of the trailer park occupants may be located.
TRAILER, TRAVEL shall mean an object designed for accommodation intended and used
exclusively for travel, recreation and vacation and which is capable of being drawn or propelled
by a motor vehicle or is self-propelled and includes tent trailers or similar transportable
accommodation, but does not include a mobile home.
USE shall mean the purpose for which any land, building, structure or premises, or part thereof, is
arranged, designed or intended to be used, or is or may be occupied or maintained and the word 'used'
has a corresponding meaning.
VARIANCE, MINOR means a variance from any provision of this By-law in respect to the land, building, or
structure, or the use thereof, which is desirable for the appropriate development of the land, building, or
structure and which maintains the general intent and purpose of the By-law and of the public policies
implemented by the By-law.
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.
WASTE shall mean ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such
other materials as are designated in regulations under the Environmental Protection Act, R.S.O. 1990, as
amended.
WASTE PROCESSING FACILITY OR AREA shall mean land, buildings or structures in or upon which waste is
shredded, baled, pulverized, composted, separated or otherwise treated or altered to facilitate its further
transfer, processing, utilization or disposal.
WATERCOURSE shall mean a natural channel for a stream and, for the purpose of this By-law, includes a
natural channel for an intermittent stream and all watercourses shown on Schedules A or B.
WATER SUPPLY shall mean a distribution system of underground piping and related storage, including
pumping and purification appurtenances owned and operated by the Town and/or the Ontario Ministry of
the Environment for public use.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 22
WAYSIDE PIT shall mean a temporary pit opened and used by a public road authority solely for the
purpose of a particular project or contract of road construction and not located on the road right-of-way.
WIND TURBINE/GENERATING SYSTEM
WIND TURBINE/GENERATING SYSTEM, ACCESSORY means a structure or structures which
harness wind energy for the primary purpose of on-site consumption. Such structures can be tied
into the electrical grid; however their primary purpose is to provide power to the buildings and
uses located on-site.
WIND TURBINE/GENERATING SYSTEM, COMMERCIAL means a structure or structures which
harness wind energy for the sole purpose of selling it back to the electrical grid for off-site
consumption. This definition does not include those installations which have received a
Renewable Energy Approval.
YARD shall mean an open, uncovered space on a lot adjacent to a main building, except a court, and
unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law. In
determining yard measurements the minimum horizontal distance from the respective lot lines shall be
used.
YARD, EXTERIOR shall mean the side yard of a corner lot which side yard extends from the front
lot line and the nearest main wall of any building or structure.
YARD, FRONT shall mean a yard extending across the full width of a lot between the front lot line
and the nearest wall of any building or structure on the lot and the "Minimum" front yard means
the minimum depth of a front yard on a lot between the front lot line and the nearest main wall
of any main building or structure on the lot.
YARD, NATURAL shall mean a yard extending across the full width of a lot between a lot line
abutting a navigable stream, river or lake and the nearest wall of any building or structure on the
lot and which yard contains the natural and undisturbed vegetation of the shoreline.
YARD, REAR shall mean a yard extending across the full width of a lot between the rear lot line
and the nearest wall of any main building or structure on the lot and the "Minimum" rear yard
means the minimum depth of a rear yard on a lot between the rear lot line and the nearest main
wall of any main building or structure on the lot.
YARD, SIDE shall mean a yard extending from the front yard to the rear yard of a lot between a
side lot line and the nearest wall of any building or structure on the lot and the "Minimum" side
yard means the minimum width of a side yard on a lot between a side lot line and the nearest
main wall of any main building or structure on the lot.
ZONE shall mean a designated area of land use shown on any Schedule within this By-law.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 23
GENERAL PROVISIONS
Zones
For the purposes of this By-law, the following Zones are established and are shown on the various
Schedules to this By-law:
Zone
Symbol
Shoreline Residential (SR) Zone
SR
Shoreline Residential - Restricted (SR1) Zone
SR1
Residential (R1) Zone
R1
Multiple Residential (R2) Zone
R2
Rural (RU) Zone
RU
Core Commercial (C1) Zone
C1
General Commercial (C2) Zone
C2
Tourist Recreational (C3) Zone
C3
Rural Commercial (RC) Zone
RC
Institutional (I) Zone
I
Open Space (O1) Zone
O1
Open Space Conservation (O2)
O2
General Industrial (M) Zone
M
Light Industrial (M1) Zone
M1
Rural Industrial (RM) Zone
RM
Pit and Quarry (Q) Zone
Q
Waste Processing (WP) Zone
WP
Hazard (HZ) Zone
HZ
Development (D) Zone
D
Special Exception Zones
Holding Zones
Temporary Use By-laws
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 24
Accessory Uses
Where this By-law provides that land may be used or a building or structure may be erected or used for a
purpose, that purpose shall include any accessory building or accessory use incidental thereto, except
that:
Secondary Units (basement apartments, in-law suites) and Garden Suites
Where these uses are permitted, they are subject to the following provisions:
(i)
Parking shall be provided in accordance with Section 6.24, and tandem parking in the
existing driveway is permitted;
(ii)
An accessory apartment is permitted in a detached dwelling which is serviced by private,
individual systems, provided it can be demonstrated that the private sewage disposal
system can accommodate the change in use; and
(iii)
Garden suites must comply with the setbacks for accessory buildings.
Portable Garages
Portable garages are permitted in all Residential zones, subject to the following provisions:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 25
Portable garages in the Rural Zone must meet all setback requirements.
Swimming Pools
a)
Permitted in Side Yard
A swimming pool erected in any residential Zone shall be permitted in the side yard of any lot
provided that:
i)
No part of such pool shall be located closer to any lot line or street line than the
minimum distance required for the principal building located on such lot;
ii) The maximum height of such pool shall be 1.5 m above the average finished grade
level of the ground both adjoining and within 4.5 m of such pool; and
iii) Any building or structure, other than the main building, required for changing
clothing or for pumping or filtering facilities, or other similar accessory uses, shall be
in accordance with the provisions applicable to accessory buildings on such lot.
b)
Permitted in Rear Yard
A swimming pool as an accessory use to a permitted residential or rural use shall be permitted in
the rear yard of any lot provided that no part of such pool shall be located closer to any lot line or
street line than the minimum distance required for an accessory building located on such lot.
Renewable Energy Accessory Uses
Ground mounted solar panels are only permitted in the Rural and Industrial Zones.
Residential-size, non-commercial (below 3 kW), solar panels are permitted in the Shoreline
Residential Zone.
Residential-size wind turbines are only permitted in the Rural Zone and must be setback 76.2 m
(250 ft) from the lot lines of adjacent lots with a residential use.
Solar and/or wind farms are subject to provincial legislation.
Outdoor Furnaces
Outdoor furnaces shall only be permitted in the RU and SR Zones, subject to the following
provisions:
Commercial Garages and Gasoline Bars
Where commercial garages and gas bars are permitted in this By-law, the following provisions shall apply;
Interior Lot
Corner Lot
a)
Minimum Lot Frontage
60 m
60 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 26
b)
Minimum Lot Depth
45 m
k)
Front yard
15 m
l)
Side Yard
4.5 m
m)
Rear Yard
7.5 m
Boathouses
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 27
Building Repair and Reconstruction
Nothing in this By-law shall prevent the reconstruction of any building or structure that is damaged or
destroyed by causes beyond the control of the owner, provided that the minimum frontage or area, or
the minimum front, side or rear yards required by this By-law are not further reduced or its original use
altered.
Buildings to Be Moved
In all zones, no building, residential or otherwise, normally requiring a building permit for construction,
shall be moved within the area covered by this By-law without a permit from the Building Inspector.
Change of Use
The use of a lot, building or structure which, under the provisions of this By-law is not permissible within
the zone in which such lot, building or structure is located, shall not be changed except to a use which is
permissible within such zone.
Continuation of Farming Use
Nothing contained within this By-law shall prevent the continued use of any land, building or structure for
farming purposes as defined under the term Farm, or any addition or extension of such use provided that
any additions or extensions of such use shall comply with the requirements for an agricultural use in a
Rural Zone as to coverage, yard and height provisions.
Day lighting Triangles
On a corner lot, a fence, sign, hedge, shrub, bush or tree, or any other structure or vegetation shall not be
erected or permitted to grow to a height greater than 1.0 m above the grade of the streets that abut the
lot within the triangular area included within the street line for a distance of 6.0 m from their point of
intersection.
Deer Wintering Area - Development Restriction
Development shall be restricted within those areas noted on Schedule C as Restricted Deer Wintering
Area for the protection of conifer thermal cover, and the deciduous browse within 30 m of the conifer
cover.
Dwelling Unit below Grade (deleted August 4, 2020)
No dwelling unit shall in its entirety be located in a cellar. A dwelling unit in its entirety may be located in
a walkout basement or a basement that has at least one exterior wall completely above the grade
adjacent to that wall.
Dwelling Unit in Non-residential Building or Lot
No person shall use any lot, or erect, alter or use any building or structure for the purpose of a dwelling
unit on a lot zoned other than for residential uses or within a portion of a non-residential building except
that one dwelling unit shall be permitted in any Commercial or Institutional Zone in accordance with the
following regulations:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 28
Notwithstanding the provisions of this By-law, no dwelling unit shall be located in a non-residential
building that is used for commercial garage.
Frontage on Public Road or Street
No person shall erect any building or structure in any zone unless the lot upon which such building or
structure is to be erected fronts upon a street or road that is open and maintained by a public road
authority on a year-round basis, except as otherwise permitted by this By-law.
Notwithstanding the foregoing,
a)
EXEMPTION FOR PRIVATE ROADS
A single detached dwelling may be erected in the Rural or Shoreline Residential Zones on a lot
that existed on November 28, 1978 or on a lot for which a consent has subsequently been
granted where the lot abuts a legal right-of-way.
Tourist commercial uses may be erected in the Tourist Commercial Zone on a lot that has
access via a legal right-of-way.
b)
EXEMPTION FOR ISLAND OR WATER ACCESS-ONLY LOTS
A dwelling unit may be erected on a lot having only water access.
Greater Restrictions
This By-law shall not have the effect of reducing or mitigating any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restrictions.
Height Exceptions
Notwithstanding the height provisions, nothing in this By-law shall apply to prevent the erection of a
church spire, flag pole, belfry, clock tower, chimney, farm building or structure other than a dwelling, silo,
water tank, windmill, solar collector, radio, radar, or television tower or antenna, or drive-in theatre
screen.
Home Industries, Occupations, and Professions
No home industry, occupation, or profession shall be permitted unless it complies with the following
provisions:
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 29
In addition, no home industry shall be permitted unless it complies with the following provisions:
No home occupation or profession shall be permitted unless it complies with the following provisions:
Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of the Building By-law
or any other By-law in force within the Town or from obtaining any permit, license, permission, authority
or approval required by this or any other By-law of the Town by this or any other By-law in force from
time to time. The stricter provisions shall apply.
Lane as Yard
Where the rear lot line of a lot adjoins any portion of a lane, one-half (0.5) of the width of that portion of
such lane may be considered part of the lot for the purpose of computing the area of the lot or the depth
of any rear yard required under this By-law.
Loading Space Regulations
a) Loading Space Requirements
The owner or occupant of any lot, building or structure erected or used for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods, wares, and merchandise and raw
materials, shall provide and maintain at the premises on the lot occupied by the building or structure, and
not forming part of a street or lane, within the zone in which such use is located, one loading or unloading
space 10.0 m long, 4.0 m wide, and having a vertical clearance of at least 4.0 m for each 465 sqm of floor
area of the building or structure provided, however, that adequate space shall be provided for the parking
of vehicles awaiting access to loading spaces.
b)
Access
Access to loading or unloading spaces shall be by means of a driveway at least 6.0 m wide.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 30
c)
Loading Space Surface
The driveways, loading and unloading spaces shall be constructed and maintained with a stable surface
that is treated so as to prevent the raising of dust or loose particles and with provisions for drainage
facilities.
d)
Location
The loading space or spaces required shall be located in the interior side or rear yard unless set back from
the street line a minimum distance of 24.0 m.
e)
Addition to Existing Use
When a building or structure has insufficient loading space at the date of passing of this By-law to comply
with the requirements herein, this By-law shall not be construed to require that deficiency be made up
prior to the construction of any addition. No addition may be built, however, and no change of use may
occur, the effect of which would be an increase in that deficiency.
Mobile Homes
Mobile homes as defined in the Planning Act are not permitted in the municipality, except on lots where
they legally existed on the date of adoption of this By-law.
Shipping Containers/ Sea Cans - Shipping Containers/Sea Cans as are not
permitted unless is being utilized for a use governed under the Building Code, all
other uses and in all zones a zoning amendment application will need to be
applied for. Amended March 29, 2022
Non Conforming / Non Complying Uses
a)
Strengthening to Safe Condition
Nothing in this By-law shall prevent the strengthening to a safe condition or the reconstruction of a
building or structure that is a non-complying use and/or a non-conforming use, provided that:
b)
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any land, building or structure for any
purpose prohibited by this By-law if such land, building or structure was lawfully used for such purpose on
the day of the passing of this By-law, so long as it continues to be used for that purpose, or to prevent the
erection or use for a purpose prohibited by this By-law of any building or structure the plans for which
have, prior to the day of the passing of this By-law, been approved by the Building Inspector, 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 that erection of any such building or structure is commenced within 2 years after
the day of the passing of this By-law and such building or structure is completed within a reasonable time
after the erection thereof is commenced.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 31
c)
Existing Buildings
Where a building has been erected prior November 28, 1978, on a lot having less than the minimum
frontage and/or area, or having less than the minimum set-back and/or side yard and/or rear yard
required by this By-law, The said building may be enlarged, reconstructed, repaired or renovated provided
that:
d)
Existing Lots
A lot held as a single lot prior to November 28, 1978, may be built upon, even though said lot is of such
size that it cannot comply with the minimum frontage and/or depth and/or area required by this By-law,
provided that such lot in the Rural Zone has a minimum of 15.0 m of frontage and 810 sqm of area. If a
private water supply or sewage disposal system is to be utilized, such lot shall require the approval of the
Health Unit or its designated agent prior to the issuance of a building permit and the proposed use must
comply with all other applicable provisions of this By-law.
e)
Residential Use in a Commercial Zone
Nothing in this By-law shall apply to prevent the alteration of a residential building existing at the date of
passing of this By-law in a Commercial Zone, provided that such alteration does not contravene any of the
provisions of this By-law for such use in a Residential (R1) Zone.
Number of Dwelling Units on One Lot
Not more than one (1) single detached dwelling shall be erected on one lot, except where a secondary
unit, accessory dwelling unit, or garden suite is permitted.
Occupation of Uncompleted Building
No building, or part of any building, shall be occupied until the whole of the exterior of such building has
been completed according to the plans and specifications thereof filed with the Building Inspector and the
heating, plumbing and electrical facilities shown on the plans are connected and useable in accordance
with the building permit issued by the Town, pursuant to the Planning Act.
Parking Area Regulations
a)
Parking Space Requirements
The owner of every building or structure erected or used for any of the purposes hereinafter set
forth shall provide and maintain for the sole use of the owner, occupant or other persons entering
upon or making use of the said premises from time to time, parking spaces and areas as follows:
Type of Building
Minimum Parking Required
Apartment dwelling, townhouse,
Retirement Home
1.5 parking spaces per dwelling unit
of which 10% shall be designated for
guest parking areas.
Residential Dwelling unit in a non-
residential building
1 parking space per dwelling unit.
Secondary unit and garden suite
1 parking space per dwelling unit
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 32
Type of Building
Minimum Parking Required
All other residential dwelling units
2 parking spaces per dwelling unit.
Building supply outlet or similar use
1 parking space per 45 sqm floor
area
Clinic
5 parking spaces for each doctor or
practitioner.
Child care centre
2 parking spaces when accessory to
a residential use, otherwise, 1 per 40
sqm net floor area
Church, Funeral Home, Auditorium,
Restaurant, Arena, or other Places of
Assembly
Where there are fixed seats, 1
parking space for every 5 seats or 3
metres of bench space, where there
are no fixed seats, 1 parking space
for each 9 square metres of floor
area devoted to public use.
Convenience retail store
1 parking space per 20 sqm floor
area
Farm equipment sales outlet; heavy
equipment sales outlet
1 parking space per 45 sqm floor
area
Hospital or Institution
1 parking space for each 2 beds or
40 sqm of floor area whichever is
greater, plus 1 additional space for
each resident doctor or resident
employee.
Hotel, Motel, Tourist Cabin, Boarding
House, Bed and Breakfast
Establishment, and campground
1 parking space per unit or guest
room or campsite, and 1 additional
parking space for each 9 sqm of floor
area devoted to public use.
Office, Financial institution, including
a Home Occupation
1 parking space per 27 sqm of office
floor area.
Other Commercial Uses
1 parking space for each sqm of total
floor area, exclusive of accessory
office space.
Personal service shop
1 parking space per 20 sqm floor
area
Retail store
1 parking space per 20 sqm floor
area
Schools
1.5 parking spaces for each teaching
area, plus 1 separate bus loading
area per 2 teaching areas.
Industrial including Home Industry
At least 1 parking space for every 90
sqm of total floor area plus 1 parking
space per 30 sqm accessory office
Marina
1 parking space for each 18 sqm of
total retail floor area.
Warehouse
1 parking space per 90 sqm floor
area plus 1 parking space per 30 sqm
accessory office
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 33
Type of Building
Minimum Parking Required
Bowling Alleys and Curling Rinks
1 parking space for each 2 persons in
the designed capacity of the
establishment (designed capacity
shall mean 6 persons per bowling
lane and 8 persons per curling
sheet).
b)
Parking Area Requirements
i)
the parking area shall be located on the same lot as the use it is intended to serve
except in the case of a water access lot where the parking area shall be located in a
zone where such use is permitted by this By-law; or in the case of the Core
Commercial (C1) Zone, where the parking area may be allocated in an off-street
parking lot.
ii) each parking space shall be at least 3.0 m by 6.0 m and shall be provided with
unobstructed access to a street by a driveway, aisle, lane or private road;
iii) any parking area designed to serve water access lots shall have a minimum area of
fifty (50) square metres for each lot to be served and
iv) no parking shall be permitted within 8.0 m of the high water mark or within any 3.0
m of lot line abutting a lot in a Residential Zone.
v) Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards
Regulation 191/11 or its successors. Refer to Appendix A for more information on
requirements at the time of the writing of this By-law.
c)
Parking Area Surface
In a Commercial or Industrial Zone, a parking area and driveway connecting the parking area with
a street shall be maintained with a stable surface that is treated so as to prevent the raising of
dust or loose particles. They shall, before being used, be constructed of crushed stone, slag,
gravel, crushed brick, cinders, asphalt, concrete, Portland cement binder or like material and with
provisions for drainage facilities.
d)
Ingress and Egress
i)
Ingress and egress, to and from the required parking spaces and areas shall be
provided by means of unobstructed driveways or passageways at least 4.0 m but not
more than 9.0 m in perpendicular width.
ii) The maximum width of any joint ingress and egress driveway ramp measured along
the street line shall be 9.0 m.
iii) The minimum distance between a driveway and an intersection of street lines
measured along the street line intersected by such driveway shall be 7.5 m.
iv) The minimum angle of intersection between a driveway and a street line shall be sixty
(60) degrees.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 34
v) Every lot shall be limited to the following number of driveways:
vi) up to the first 30.0 m of frontage not more than two (2) driveways; and
vii) for each additional 30.0 m of frontage not more than one (1) additional driveway.
e)
Illumination
Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any
fixture shall be more than 9.0 m above the finished grade of the parking area. Fixtures shall be
so designed and installed that the light is directed downward and deflected away from adjacent
lots, roads and streets.
f)
Addition to building or structure
When a building or structure has insufficient parking area at the date of passing of this By-law to
comply with the requirements herein, this By-law shall not be construed to require that the
deficiency be made up prior to the construction of any addition. No addition may be built,
however, and no change of use may occur, the effect of which would be an increase in that
deficiency.
g)
Use of Parking Spaces and Areas
i)
Any area where off-street parking is permitted under this By-law shall be used for no
other parking purpose than for the parking of operative passenger vehicles and
commercial vehicles used in operations incidental to the permitted uses on the lot,
all bearing currently valid licence plates.
For the purposes of this subsection "commercial motor vehicle" shall mean any
commercial vehicles as defined in the Highway Traffic Act.
ii) Notwithstanding the foregoing, no person shall within any residential Zone use any
part of any front yard except the driveway for the parking or temporary storage of
tent trailers, motor homes, land cruisers, truck campers, or boats and no person shall
use any part of a front yard in a Residential Zone for the parking or storage of a house
trailer.
No person shall, in any residential Zone use any tourist or travel trailer for the
purpose of providing temporary or permanent living or eating accommodation.
Sleeping accommodation may be provided in a tourist or travel trailer for a period
not, exceeding fourteen (14) days, notwithstanding that such trailer is jacked up or
that its running gear is removed.
h)
More than one use on a Lot
When a building or structure accommodates more than one type of use, as defined in this By-
law, the parking space requirement for the whole building shall be the sum of the requirements
for the separate parts of the building occupied by the separate types of use.
i)
Buffer Area
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 35
i)
Where a parking area is situated on the boundary between a commercial use and a
residential use or open space zone, a strip of land, not less than 3.0 m wide and lying
in the commercial use lot along the said boundary shall not be used for any purpose
other than landscaping.
ii) Where a parking area is situated in a residential Zone and is designed to
accommodate more than six (6) automobiles, a strip of land not less than 3.0 m wide,
around the periphery of the said parking area and is within the lot in which said
parking area is located shall not be used for any purpose other than landscaping but
this shall not prevent the provision of entrances or exists to said parking area across
the strip.
j)
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this Bylaw to the contrary, uncovered
surface parking areas, in other than residential zones, shall be permitted in any required yard or
in the area between the road or street line and the required setback provided no part of the
parking area, other than a driveway, is located closer than 1.0 m to any road or street line. In
residential zones no parking shall be permitted in the required front yard of any lot except on a
driveway of 6.0 m maximum width.
Planting Strips
Where a lot is used for a Commercial or Industrial purpose and the interior side or rear lot line abuts a
residential zone, then a strip adjoining such abutting lot line shall be used for no purpose other than a
planting strip in accordance with the following provisions:
a)
Width of Planting Strip
The required planting strip shall be a minimum width of 3.0 m.
b)
Use
A planting strip shall be used for not other purpose than a continuous fence or hedge row of
evergreens or shrubs, not less than 1.5 m high immediately adjoining the lot line or portion thereof
along which such planting strip is required herein, provided that no fence or hedge row shall be
required or permitted to a height in excess of 1.0 m closer to a street line than the required yard
depth.
c)
Driveways or Walks
In all cases where ingress and egress driveways or walks extend through a planting strip, it shall be
permissible to interrupt the strip within 3.0 m of the edge of such driveway or within 1.5 m of the
edge of such walk.
d)
Landscaped Open Space
A planting strip referred to in this subsection may form part of any landscaped open space required
by this By-law.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 36
Public Uses Permitted
The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building
or structure for the purpose of public service by the Town of Northeastern Manitoulin and the Islands
and/or any Public Authority, or Ministry of the Government of Ontario or Canada, including the Hydro
One Networks Inc., or any telephone, telegraph or gas company, provided that where such land, building
or structure is located in any zone:
Nothing in this By-law shall prevent the installation of a watermain, sanitary sewer main, storm sewer
main, gas main, pipe line or overhead or underground hydro and telephone line provided that the
location of such main or line has been approved by the Town.
Recreational Vehicles
a) Prohibition For Habitable Space
No recreational vehicle shall be used for habitable space.
b)
Other Regulations
Notwithstanding subsection a), a recreational vehicle may only be located in a Tourist
Commercial (C3) zone to be used as a temporary/vacation accommodation. A recreational
vehicle may not be occupied while located in Little Current, Sheguiandah, or the RU or SR zones.
Reduction of Requirements
No person shall change the purpose for which any land or building is used or erect any new building or
addition to any existing building or sever any lands from an existing parcel if the effect of such action is to
cause the original, adjoining or remaining buildings or lots to be in contravention of this By-law.
Signs
The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign provided
such sign complies with the By-laws of the Town regulating signs.
Special Uses Permitted
The following uses are permitted in all Zones within the Town:
"Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction of a
work, specifically abeyance of construction for six (6) months.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 37
Temporary Uses Permitted
A temporary sleeping and eating quarter, tool shed, scaffold, or other building or structure incidental to
the construction of a building or structure permitted by this By-law may be maintained until the
construction is completed or has been discontinued for sixty consecutive days.
Through Lot
Where a lot which is not a corner lot has a frontage on more than one street, the setback and front yard
requirements contained herein shall apply on each street in accordance with the provisions of the zone or
zones in which such lot is situated.
Uses Prohibited
Notwithstanding any other provisions contained in this By-law, the following uses are prohibited in the
Town.
i)
No use shall be permitted which from its nature or the materials used therein is
declared by the Council to be a noxious trade, business or manufacture under The
Public Health Act, as amended, or regulations thereunder.
ii) No land, building or structure shall be used for such Commercial or Industrial purpose
as is likely to create a public nuisance or danger to health or danger from fire or
explosion, except in accordance with the provisions of or regulations under The
Gasoline Handling Act.
iii) The use of any land or lot for the purpose of a tourist trailer park or the use of a
tourist trailer, or mobile home for human habitation except as specifically provided
by this By-law.
iv) The use of any land or lot for the purposes of a track for the commercial racing of
animals, motor vehicles or motorcycles or go-carts or snowmobiles except by a club
or organization which is licensed by the Town for such uses.
v) The use of any land or lot for the purpose of a scrap or salvage yard except as
specifically provided by this By-law.
vi) The use of any land or lot for the purpose of a waste disposal area, landfill site, or
dump except for public landfill sites owned and/or operated by the Town.
vii) No truck, bus, coach, or structure of any kind other than a dwelling unit erected and
used in accordance with this and all other By-laws of the Town shall be used for
human habitation whether or not the same is mounted on wheels.
Waste Processing Zone Setbacks
Any use in any zone that abuts a Waste Processing (WP) Zone shall be setback at least 100 m from the
boundary of the WP Zone.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 38
Waterfront Setbacks and Vegetative Buffers
Setback from Lake Huron
Notwithstanding any other provisions of this By-law, no new habitable structures shall be
constructed below the 178.3 metre contour adjacent to Lake Huron unless the setback from the
shoreline is a minimum of 61.0 m and the structure is flood proofed to the 179.6 metre contour.
For the purposes of this By-law, a flood proofed structure is that which has no opening below the
minimum elevation of 179.6 metres, Canadian Geodetic Datum.
Setback from Inland Lakes
Notwithstanding any other provisions of this By-law, no building other than a marina or
boathouse shall be constructed within 30.0 m of an inland lake unless a natural yard extending
back from the shore a distance of 20.0 m is left in its natural state, in which case the building
setback may be reduced to 20.0 m.
Yard Exception, Terrain Unsuitability
Where in this By-law, a front, side or rear yard is required, and part of the area of the lot is usually
covered by water or marsh or a swale or is beyond the edge of a river bank or water course or between
the top and toe of a cliff or embankment having a slope of thirty (30) degrees or more from the
horizontal, then the required yard shall be measured from the nearest main wall of the main building or
structure on the lot to the edge of said area covered by water or marsh, or to the edge of said river bank
or watercourse, or to the top of the said cliff or embankment if such area is closer than the lot line.
Yard and Setback Encroachments Permitted
a)
Ornamental Structure
b)
Accessory Structure
c)
Unenclosed Porch, Balcony, Patio or Steps
d)
Fire Escape
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 39
e)
Gate House
f)
Building in Built-up Area
Building Plans (amended August 4th, 2020)
As per the Ontario Building Code the Chief Building Official reserves the right to require
stamped plans from a designer, architect or engineer in possession of a current B.C.I.N with
the design activities being by an individual identified in Section B (Building Code Table 3.5.2.1
of Division C) for all structures
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 40
SPECIFIC ZONES
Shoreline Residential (SR) Zone
Permitted Uses
No persons shall within any Shoreline Residential (SR) Zone use any land, or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a)
Residential Uses
-
a single detached dwelling
-
a garden suite, subject to section 7.1.3
-
a secondary unit, subject to section 7.1.3
-
a home occupation use
-
a seasonal dwelling amended March 29, 2022
b)
Recreational Uses
-
a public park
-
a playground
c)
Other Uses
-
a public utility
-
a bed and breakfast establishment
Zone Requirements
No persons within any Shoreline Residential (SR) Zone shall use any land, or erect, alter or use
any building or structure except in accordance with the applicable provisions of Section 6 -
General Provisions and the following:
a)
Minimum lot frontage
45.5 m
b)
Minimum lot area
4,045 sq. m
c)
Maximum lot coverage
20%
d)
Minimum front yard
7.5 m
e)
Minimum rear yard
3.0 m
f)
Minimum interior side yard
3.0 m
g)
Minimum exterior side yard
7.5 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an accessory
building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum building floor area for an accessory building
89 sqm
l
Minimum Dwelling Size
36 sqm
Additional Provisions
Notwithstanding the provisions of Section 7.1.1 - Permitted Uses, a secondary unit or garden
suite is not permitted on a Lake-at-Capacity.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 41
Special Exception Zones
SR-1
Parcel 407, Island T.P. 1488; ZO-00487-10, ZO-00489-13
Notwithstanding any other provisions of this By-law, a second residence and accessory
buildings and a maximum building height of 6.0 m are permitted on lands zoned SR-1.
SR-2
Part 1, 31R-1594, Island T.P. 1977; ZO-00488-01
Notwithstanding any other provisions of this By-law, a minimum front yard of 4.5 m is
permitted on lands zoned SR-2.
SR-3
Multiple Locations: Island T.P. 781 West, T.P.2243, T.P. 732, Parcel 593, Island
T.P. 1785, Island T.P. 2809, Pc. 708, Island T.P. 1801; ZO-00488-05, -00489-24, -00490-
14, -00490-20, -00492-02, -00492-05
Notwithstanding any other provisions of this By-law, a second guest cottage is permitted
on the lands zoned SR-3, subject to the following provisions:
Maximum Gross Floor Area
Islands T.P. 781 West, T.P.2243, T.P. 732,
Parcel 593, Island T.P. 1785, Island T.P. 2809
Whitefish Bay, Island T.P. 638
50 sqm
Pc. 708, Island T.P. 1801
54 sqm
SR-4
Parcel 908 of Plan J.D.D. 482, Island T.P. 2762; ZO-00488-13
Notwithstanding any other provisions of this By-law, a guest cabin not exceeding 50.0
sqm is permitted on the lands zoned SR-4.
SR-5
Parcel 452, Island T.P. 1659; ZO-00487-21
Notwithstanding any other provisions of this By-law, a second residence and accessory
buildings are permitted on lands zoned SR-5.
SR-6
2410 Bay Estates Rd N; Lot 25, Conc. 12, Township of Sheguiandah; Part 35, Plan
RR91; By-law 17-89
Notwithstanding any other provisions of this By-law, a minimum interior side yard of 1.1
m is permitted on the lands zoned SR-6.
SR-7
1152 Bay Estates Rd S; Lot 27, Conc. 10, Township of Sheguiandah; Part 10, Plan
RR86; By-law 90-15
Notwithstanding any other provisions of this By-law, a minimum interior side yard for an
accessory building of 0.82 m is permitted on the lands zoned SR-7.
SR-8
Island T.P. 687; ZO-00492-04
Notwithstanding any other provisions of this By-law, a habitable structure is permitted up
to and within 1.5 m of a water body upon land having an elevation stated to be 4.6 m
above lake level on the lands zoned SR-8.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 42
SR-9
Island T.P. 765; ZO-00493-005
Notwithstanding any other provisions of this By-law, a dwelling is permitted not less than
10.0 m from the high water mark of Lake Huron on the lands zoned SR-9.
SR-10 Pcl 528, Island T.P. 1989; ZO-00494-002
Notwithstanding any other provisions of this By-law, the minimum setback from the high
water mark of McGregor Bay shall be 4.0 m on the lands zoned SR-10.
SR-11 Pcl. 316 and 317, Island T.P. 1200; ZO-00494-007
Notwithstanding any other provisions of this By-law, a dwelling is permitted on the lands
zoned SR-11.
SR-12 Part of Lot 20, Conc. 9, Township of Bidwell; Parts 25, 26 and 30, Plan RR-75; By-
laws 97-10 and 2001-37
Notwithstanding any other provisions of this By-law, a maximum or three (3) recreational
accommodation units are permitted in the lower level of the existing residence and all
forms of trap, skeet, target, silhouette or any other form of shooting with firearms is
prohibited on the lands zoned SR-12.
SR-13 66 Albert St; Part of Lot 22, Conc. 4, Township of Bidwell; Part 1, Plan 31R-1650;
By-law 97-15
Notwithstanding any other provisions of this By-law, a motel with a maximum of six (6)
units is permitted on lands zoned SR-13.
SR-14
Lot 17, Conc. 9, Township of Bidwell; Instrument T-5667; By-law 97-16
Notwithstanding any other provisions of this By-law, a minimum front yard setback of 4.6
m is permitted for a distance of 8.533 m on lands zoned SR-14.
SR-15 Peru Island, T.P. 1410, Parcel 2338, McGregor Bay; By-law 99-08
Notwithstanding any other provisions of this By-law, a habitable structure may be located
within 8.000 m of the high water mark, subject to the approval of the municipality, on the
lands zoned SR-15.
SR-16 Blk 21, Plan M1108; Island No. T.P. 3051, Bay of Islands area; By-law 99-12
Notwithstanding any other provisions of this By-law, the only permitted use shall be a
dwelling and accessory uses and buildings on the lands zoned SR-16.
SR-17 141 Camp Mary Anne Road; Lots 28 & 29, Conc. B, Township of Bidwell; Part 17,
Plan M-175; Parcel 1552; By-Law 99-14
To permit a reduction in the minimum side yard requirements from the present building
to the lot line from three metres (3) to nine and a quarter feet (9.25), on lands zoned SR-
17.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 43
SR-18 Island T.P. 1900 (Iroquois Island), Parcel 782, Location J.D.D. 332, McGregor
Bay; By-law 99-43
Notwithstanding any other provisions of this By-law, a dwelling together with buildings
and structures accessory to it may be erected and use on lands zoned SR-18 subject to
the following provisions:
Dwelling
Maximum Lot Coverage
15%
Minimum Front Yard
7.5 m
Minimum Rear Yard
7.5 m
Minimum Side Yard
3.0 m
Maximum Height
9.0 m
Boat Storage Building
All requirements of Section 6,
Accessory Buildings and Structures
SR-19 190 North Channel Dr; Part of Lot 5, Conc. 10, Township of Howland; Part 9, Plan
31R-1008; By-law 2000-03
Notwithstanding any other provisions of this By-law, an exterior side yard of 2.0 m shall
be permitted on the lands zoned SR-19.
SR-20
Pcl 539; Island T.P. 2709, Bay of Islands Area; By-laws 2000-35 and 2000-41
Notwithstanding any other provisions of this By-law, one guest cabin having a gross floor
area not exceeding 66.0 sqm and having a minimum setback distance of 13.5 m from the
high water line is permitted on the lands zoned SR-20.
SR-21
Reserved.
SR-22
Part 7, Plan 31R-324; Parcel 423, the East ½ of Island TP 1457, McGregor Bay;
By-Law 2003-45
Notwithstanding any other provisions of this By-law, the minimum lot dimensions and
minimum lot area of the lands zoned SR-22 shall be as surveyed.
SR-23
Part 1, Plan 31R-3128; Lot 26, Conc. 9, Sheguiandah Township; By-Law 2004-17
Notwithstanding the uses permitted in a (SR) Shoreline Residential zone in this by-law,
residential uses shall be limited to residential use on the lands zoned SR-23.
SR-24 Island T.P. 1640, Parcel No. 299, McGregor Bay; By-Law 2005-45
Notwithstanding any other provisions of this By-law, three dwellings are permitted on the
lands zoned SR-24.
SR-25 (190 Camp Mary Anne Road; Part Lot 29, Conc. B, Township of Bidwell; Lot 10,
Plan M-175; By-Law 2006-45
Notwithstanding any other provisions of this By-law, the interior east side yard
requirement shall be 1.2 metres on the lands zoned SR-25.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 44
SR-26 Part Lot 2, Part Parcel 296; Part 2, Plan 31R-3695; Island TP 1903, McGregor
Bay; By-Law 2009-06
Despite minimum requirements of this By-law, the minimum lot dimensions and
minimum lot area of the lands zoned SR-26 shall be as surveyed.
SR-27 Parcel 1 and Lot 2, Parts 1-5, Plan 31R-3833, Island TP 903 Jumbo Island,
McGregor Bay; By-Law 2011-23
Despite minimum requirements of this By-law, on the lands zoned SR-27, the minimum
lot frontage and minimum lot area shall be established in accordance with each Part
Number as identified on Registered Plan No 31R-3833, and is further described in section
(3).
SR-28 Island T.P. 1457 (Endion Island); By-Law 2014-30
Notwithstanding any other provisions of this By-law, the minimum lot size shall be 1.0
Hectare on the lands zoned SR-28.
SR-29 Davis and McLay Subdivision, Red Lodge Road, Lake Manitou
Notwithstanding any other provisions of this By-law, the only permitted uses are
residential uses residential uses
SR-30
Howland Twp, Lot 25, Concession 7, RP31R889 Part 6 By-law 2020-52
Notwithstanding any other provisions of this By-law, is amended to permit 4 temporary
camping units, not trailers on the above mentioned property.
Holding Zones
SR-29-h Davis and McLay Subdivision, Red Lodge Road, Lake Manitou
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled:
(i)
That the Minister of Municipal Affairs has provided confirmation of the
testing of the sewage disposal system.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 45
Shoreline Residential - Restricted (SR1) Zone
Permitted Uses
No person within any Shoreline Residential - Restricted (SR1) Zone shall use any lot, or erect,
alter or use any building or structure for any purpose except one or more of the following uses:
-
a structure for the protection of land subject to:
i)
flooding or high-water table;
ii) steep slopes subject to erosion;
iii) swamps and marshes and land subject to wind erosion; or
iv) lands with limitations to development due to slope or wave action or lack of soil cover
-
a nursery garden
-
an agricultural use other than specialized farms
-
a forestry operation
-
an open space use
-
an area for the protection of an environmental hazard such as swamps or marshes,
floodplains or land liable to flood or land subject to very high water table, steep slopes,
gullies, or lands subject to wind or water erosion
-
a conservation area primarily for the location of flood control, bank stabilization or
erosion protection structures or projects; and
-
in this section "specialized farm" shall mean a farm on which the predominant use of land
or buildings is for the raising of chickens, turkeys, or other fowl, fur bearing animals or
hogs, or the growing of mushrooms or sod, or the intensive feeding of cattle in a confined
area.
Restrictions
No accessory dwelling unit or units shall be permitted in any Shoreline Residential - Restricted
(SR1) Zone.
Zone Requirements
No person within any Shoreline Residential - Restricted (SR1) Zone shall use any lot, or erect,
alter or use any building or structure except in accordance with the applicable provisions of
Section 6, General Provisions and the following.
a)
Minimum front, side, and rear yard
20 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 46
Residential (R1) Zone
Permitted Uses
No person within any Residential (R1) Zone shall use any land or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
a)
Residential Uses
-
a single detached dwelling
-
a garden suite
-
a secondary unit
-
a semi detached dwelling
-
a duplex dwelling
-
a home occupation
-
a group home
b)
Recreational Uses
-
a park
-
a playground
c)
Other
-
a bed and breakfast establishment
-
a public utility
Zone Requirements
No person within any Residential (R1) Zone shall use any land, or erect, alter or use any building
or structure except in accordance with the applicable provisions of Section 6 General Provisions
and the following:
A single detached dwelling building, a duplex dwelling building:
a)
Minimum lot frontage
15.0 m
b)
Minimum lot area
with piped water supply and sewage
disposal systems
460 sqm
With piped water supply or sewage
disposal
700 sqm
c)
Maximum lot coverage (%)
30
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
1.0 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
9.0 m
i)
Minimum dwelling area
56 sqm
j)
Minimum distance to a lot line for an
accessory building
1.0 m
k)
Minimum distance to main building for an
accessory building
2.0 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 47
k)
Maximum building height for an accessory
building
5.0 m
l)
Maximum building floor area for an accessory
building
89 sqm
A semi detached dwelling unit:
a)
Minimum lot frontage
10.0 m
b)
Minimum lot area
with piped water supply and sewage
disposal systems
337 sqm
With piped water supply or sewage
disposal
469 sqm
c)
Maximum lot coverage (%)
30
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
1.0 m on one side, 0.0 m on the
other side
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an
accessory building
1.0 m
j)
Maximum building height for an accessory
building
5.0 m
k)
Maximum building floor area for an accessory
building
89 sqm
l)
Minimum lot frontage
15m
Special Exception Zones
R1-1
Multiple locations:
West part of Lot 8, S/S Meredith Street; By-Law 1698
44 Campbell St E; Parts 2 and 6, Plan 31R-1196, N/S Campbell Street; By-Law
1734
Notwithstanding the provision of this by-law, on the lands zoned R1-1 a single car garage
is permitted to be constructed 1.0 m from an adjacent lot line.
R1-2
66 Manitowaning Rd; Part 1 of Part of Lot 35, S/S Draper Street and Part 2 of Lot
36, S/S Draper Street; By-Law 1714
Notwithstanding the provisions of this by-law, on the lands zoned R1-2 the minimum front
yard setback for the building shall be 0.88 m less than that otherwise required.
R1-3
West part of Lot 20, N/S Meredith Street West; By-law 1728
Notwithstanding the provisions of this by-law, on the lands zoned R1-3, the minimum
front side yard setback for the building shall be 1.8 m.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 48
R1-4
Reserved.
R1-5
20 Campbell St E; Lots 32 and 33, S/S of Campbell Street; Parts 1, 2 and 4, Plan
31R-1311, Part 1, Plan 31R-2954, Part 2, Plan 31R-3829, Townplot of Shaftesbury; By-
laws 1777, 2004-08, and 2011-20
Notwithstanding the provisions of this by-law, on the lands zoned R1-5, in addition to the
commercial uses allowed, five (5) apartments are permitted and the minimum yard
requirements shall be as set out on Schedule A to By-law 2004-08.
Despite Section 7.2.2, the minimum yard requirements' for the dwellings located on Part
2, Plan 31R-3829 shall be as set out on Schedule A to By-law 2011-20.
R1-6
5 Vankoughnet St W; east part of Lot 20, S/S of Vankoughnet Street; By-Law
1825
Notwithstanding the provisions of this by-law, on the lands zoned R1-6, a garage shall be
limited to a maximum size of 89.2 sqm.
R1-7
22 Hardbargain Road; Part Lot 4, North Hardbargain Road and Part of Lot 6,
South Glen Street; Part 2, Plan 31R-2301, Townplot of Shaftesbury; By-Law 2003-27
Despite Section 7.2.1, the property owner, who operates a hair dressing shop as a home
occupation is permitted to have one person, who does not reside at the dwelling,
employed at one time.
R1-8
34 Worthington Street; Part Lot 22, S/S Meredith Street and Part Lot 22, N/S
Vankoughnet Street, Townplot of Shaftesbury; Instrument No. 0064532; By-Law 2003-31
Despite Section 7.2.2 e), the minimum rear yard requirements is reduced from 7.5 m to
1.8 m, commencing at a point 1.5 m north of the south limit of lands registered as
Instrument No. 0064532, and extending a distance of 13.5 m northerly therefrom.
R1-9
58 Worthington Street; Part Lot 22 S/S Draper Street East; Part 1, Plan 31R-
3825, Townplot of Shaftesbury; By-Law 2012-39
Despite Section 7.2, on the lands zoned R1-9 a denture clinic to occupy the main floor of
the existing residential building is permitted and despite section 6.24 a minimum of three
(3) parking spaces is required.
R1-10 36 Meredith St W; By-Law 2014-24
Notwithstanding the provisions of this by-law, on the lands zoned R1-10, the minimum
interior side yard setback for a car port is reduced from 1.0 m to 0.33 m (1 ft).
R1-11 35 Draper Street East; Shaftesbury Townplot 2, East Pt Lot 30, South Side Draper
Street; By-law 2016-37
Notwithstanding the provisions of this by-law, rezone from Residential to Multiple Family
Residential.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 49
Multiple Residential (R2) Zone (amendment made August 4th, 2020)
Permitted Uses
No person within any Multiple Residential (R2) Zone shall use any land or erect, alter or use any
building or structure except for one or more of the following uses:
a)
Residential Uses
-
an apartment dwelling
-
a garden suite
-
a secondary unit
-
a multiple dwelling
-
a townhouse dwelling
-
a retirement home
-
a group home
-
Condominium
b)
Commercial Uses
-
a convenience retail use located within an apartment dwelling
c)
Other Uses
-
a public utility
Zone Requirements
No person within any Multiple Residential (R2) Zone shall use any land or erect, alter or use any
building or structure except in accordance with the applicable provisions of Section 6 - General
Provisions and the following:
An apartment building
a)
Minimum lot frontage
30.0 m
b)
Minimum lot area
1,200 sqm
c)
Maximum lot coverage
35
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5m
f)
Minimum interior side yard
2.5 m 1m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory
building
1.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum building floor area for an accessory building
89 sqm
l)
Minimum unit size
56sqm
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 50
A maisonette building:
a)
Minimum lot frontage
30.0 m
b)
Minimum lot area
232 sqm for 1 bedroom
dwelling units plus 14.0 sqm
for each additional bedroom
c)
Maximum lot coverage
35
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5m
f)
Minimum interior side yard
2.5 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory
building
1.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum building floor area for an accessory building
89 sqm
A townhouse building:
a)
Minimum lot frontage
6.0 m per unit
b)
Minimum lot area
232 sq m per dwelling unit
c)
Maximum lot coverage
35
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5m
f)
Minimum interior side yard
2.5 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory
building
1.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum building floor area for an accessory building
89 sqm
Additional Provisions
A commercial use within a residential building shall be no more than 50% of the ground floor
area of the building.
Special Exception Zones
R2-1
E/S Highway 68, part of Lot 1, Conc. 1, Township of Howland; By-law 91-27
Notwithstanding any other provisions of this By-law, a seven unit apartment building is
permitted on a 1.63 hectare parcel of land.
R2-2
Water Street Plan 2, Pt Lots 7-10S, RP 31R-3003, Part 8 By-Law 2018-45
Notwithstanding any other provisions of this By-law, a seven unit apartment building is
permitted on a 1.63 hectare parcel of land.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 51
Rural (RU) Zone
Permitted Uses
No person within any Rural (RU) Zone shall use any lot, or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
a)
Rural Uses
-
a farm
-
any other agricultural use
-
a home industry
-
the parking and servicing of school buses, including a commercial garage.
-
a wayside or borrow pit
b)
Rural Residential Uses
-
a single detached dwelling
-
a duplex
-
a semi detached dwelling
-
a garden suite
-
a secondary unit
-
a home occupation use
-
c)
Institutional Uses
-
a cemetery
-
a place of worship
-
a school
-
a community centre
d)
Recreational Uses
-
a golf course
-
a public park
-
a playground
-
a hunt camp
-
a cross country ski area
e)
Other Uses
-
a bed and breakfast establishment
-
a public utility
Zone Requirements
No person within any Rural (RU) Zone shall use any lot, or erect, alter or use any building or
structure for any purpose except in accordance with the applicable provisions of Section 6 -
General Provisions and the following.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 52
A rural use or lot:
a)
Minimum lot frontage
134 m
b)
Minimum lot area
10.0 ha
c)
Maximum lot coverage
none
d)
Minimum front yard
15.0 m
e)
Minimum rear yard
15.0 m
f)
Minimum interior side yard
15.0 m
g)
Minimum exterior side yard
15.0 m
A rural residential use, as permitted in section 7.4.1.2 and institutional and public uses:
a)
Minimum lot frontage
45.5 m
b)
Minimum lot area
0.4 ha
c)
Maximum lot coverage
20 %
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
3.0 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an accessory
building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum building floor area for an accessory building
89 sqm
l)
Minimum dwelling size
56 sqm
Additional Provisions
A commercial use within a residential building shall be no more that 50% of the ground floor area
of the building.
Special Exception Zones
RU-1
910 Rockville Rd; Lot 23, Conc. X, Township of Bidwell; Part 1, Plan 31R-1222;
By-law 14-82
Notwithstanding the uses permitted in the Rural (RU) Zone, on the lands zoned RU-1 a
salvage yard for vehicles is also permitted.
RU-2
Southeast corner of Lot 10, Conc. 11, Township of Howland; By-law 90-02
Notwithstanding any other provisions of this By-law, on the lands zoned RU-2, a gift
shop/art gallery/coffee shop is permitted in addition to a single detached dwelling on a
0.4 ha parcel of land.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 53
RU-3
Multiple locations
Lot 14, Conc. 12, Township of Howland, Parts 1, 2, 3, and 4, Plan 31R-2390; By-
law 92-23
Lot 13, Conc. 13, Township of Sheguiandah, Parts 1, 2 and 3, Plan 31R-2484; By-
law 93-27
Notwithstanding any other provisions of this By-law, on the lands zoned RU-3, the
minimum lot frontage and minimum lots area shall be as shown on the applicable
Reference Plans.
RU-4
Lot 5, Conc. 11, Township of Howland; Part 1, Plan 31R-1677; By-law 98-45
Notwithstanding any other provisions of this By-law, on the lands zoned RU-4, a minimum
exterior side yard of 1.52 m is permitted.
RU-5
2813 Highway 540; Part of Lot 23, Conc. 6, Township of Howland; By-law 27-89
Notwithstanding any other provisions of this By-law, on the lands zoned RU-5 a small
cement business and 3.0 m by 3.0 m storage shed is permitted.
RU-6
Lot 28, Conc. 2, Township of Bidwell; Parts 1, 2, 3 and 4, Plan 31R-2542; By-law
94-04
Notwithstanding any other provisions of this By-law, on the lands zoned RU-6, the
minimum lot frontage and minimum lot area shall be as shown on Plan 31R-2542.
RU-7
81 Lucar Point Rd and 205 Lucar Point Rd; By-Law 2006-33
Not withstanding the uses permitted in the Rural (RU) Zone, the minimum lot dimensions
and area, shall be established in accordance with the Part Nos. as identified on the
registered Plan of Survey for each of the lots as described:
i)
Part of Lot 27, Conc. 1, being Part 1, Plan 31R-3466 and Parts 1,2,3,7,8,9,10 and
11, Plan 31R-1805, subject to a Right-of-Way over Parts 7,8 & 10, 31R-1805 and
Part Lot 28, Conc. 1, being Part 12, Plan 31R-1805, subject to the Right-of-way
over Part 12, 31R-1805.
ii) Remainder of Lot 27, Conc. 1, save and excepting Part 2 and 4, Plan 31R-561 and
Parts 1 to 11, Plan 31R-1805 and Part 1, Plan 31R-3466. Township of Bidwell.
RU-8
Northeast corner of Lot 22, Conc. X, Township of Bidwell; excepting Parts 1, 2
and 3, Plan 31R-1994; By-Law 2006-47
Notwithstanding the uses permitted in a Rural (RU) Zone, on the lands zoned RU-8 the
following additional wood related uses shall be permitted:
-
a warehouse
-
a fabricating shop
-
a manufacturing plant
-
a work shop
-
an equipment or materials storage yard
-
a retail commercial outlet, as a use accessory to uses permitted
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 54
RU-9
Multiple locations
3442 Highway 540; Part Lots 34 and 35, Conc. III; Parts 1,2,3,4,5 & 6, Plan 31R-
3514; Parts 7,8,9,10,11,12 & 13, Plan 31R-3514; Parts 14 & 15, Plan 31R-3514
and Parts 16 & 17, Plan 31R-3514, Township of Howland; By-Law 2007-06
59 Orr's Sideroad; Part 1, Plan 31R-3592; Parts 2,3 and 4, Plan 31R-3592; Part
5, Plan 31R-3592; and Part 6, Plan 31R-3592, Township of Howland; By-Law
2007-31
Notwithstanding the provisions of the Rural (RU) Zone, on the lands zoned RU-9, the
minimum lot dimensions and area, shall be established in accordance with the Part
numbers as identified on the registered Plan of Survey for each of the lots.
RU-10 160 Townline Rd; Part of Lot 3, Conc. 1, Township of Howland, Part 2, Plan 31R-
774; By-law 96-14
Notwithstanding any other provisions of this By-law, a home industry for the purposes of
a commercial garage (auto body and mechanical) is permitted on with a frontage of 53.03
m and a depth of 99.05 m and subject to the following requirements:
a)
The establishment of visual screens or vegetative buffer strips at least 1.8 m high;
i.
Commencing 15.2 m north of the south-west corner of the lot, northerly 53.3 m,
and
ii.
Commencing at the north-east corner of the existing residence and running in a
north-east direction to the east limit of the lot, then north to a point 45.7 m
north of the south-east corner of the lot;
d)
All work shall be carried out within the buildings erected for the purpose of the
home industry;
e)
No more than five (5) vehicles may be stored outside the buildings erected for the
purpose of the home industry, at any given time;
f)
Vehicles must be stored within an exterior storage area measuring 6 m by 17 m,
surrounded by a solid fence not less than 2.4 m in height.
RU-11 Green Bush Road; Part Lot 12, Conc. IV, Township of Howland; Part 2, Plan 31R-
3550; By-Law NO. 2010-10
Notwithstanding the uses permitted in Rural (RU), the additional use of one (1) portable
storage container shall be located as an accessory to the hunt camp within land zoned as
RU-11.
RU-12 Gammie Street (Little Current Public Works Site), Part Lot 21, Conc. XI, Township
of Howland; By-law 2010-11
Not withstanding the uses permitted in a the uses permitted in the Rural Zone, two (2)
portable storage containers shall be permitted to be located and used within lands zoned
RU-12.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 55
RU-13 Part Lot 12, Conc. XI, Part 1, Plan 31R-1061 and Part 3, Plan 31R-2637,
Township of Howland; By-Law 2010-41
Notwithstanding the uses permitted in Rural (RU) Zone the additional use of four (4)
buildings used for commercial storage and two (2) portable storage containers shall be
permitted within lands zoned as RU-13.
RU_14 181-182 Harbour Vue Road; Lot 21, Conc. 12, Howland Township; PT 2, 31R-
2665; By-laws 2011-42, 2013-16 and 2017-14
To permit annually a maximum of three outdoor festival like music related events
(including Manitoulin Country Fest) with camping, vendors, beer garden and other
ancillary uses to support the event, which will have an approved Site Plan Agreement
between the land owner and the Municipality.
Annually , a maximum of 20 outdoor single day by admission/non -admission/private
invitation events, such as concerts/stage performances, weddings, anniversary or similar
celebrations, including vendors, catering and or beer gardens to support the event,
Overnight camping is not permitted for single day events. All single day events from
Sunday through to Thursday shall be completed by midnight with all other single day
events on Friday and Saturday with a completion time of 1:30 am with the exception to
the following specific holidays which may fall during the weekdays: St. Patrick's Day,
Victoria Day, Canada Day, Labour Day and New Year's Eve. The hours for the above noted
holidays will then revert to 1:30 am closure. PRIVATE, NON-COMMERCIAL ACTIVITIES
WILL NOT APPLY UNDER THIS PROVISION.
In addition to the uses permitted, the placement of two portable storage units within the
berm area shall be permitted.
RU-15 Lot 20, Conc. XII, Township of Howland; Part 1, Plan 31R-3882; By-Law 2012-21
Notwithstanding the uses permitted in the Rural Zone, a builder supply yard and
associated retail commercial outlet shall be permitted within lands zoned as RU-15.
RU-16 Part Lot 6, Conc. XI, Township of Bidwell; Part 1, Plan 31R-1095; By-Law 2007-
32
Not withstanding the uses permitted in the Rural (RU) Zone, on the lands zoned RU-16 a
dwelling and accessory uses shall be permitted on lots created by Consent File Nos. B34-
07 and B35-07 and the minimum front yard requirements shall be 160 m.
RU-17 Part Lot 8, S/S Talford Street and Part Lot 8, N/S Dupont Street (Sheguiandah
Public Works Site), Sheguiandah Townplot 28; By-law 2010-11
Not withstanding the uses permitted in a the uses permitted in a RU Zone, two (2)
portable storage containers shall be permitted to be located and used within lands
zoned as RU-17.
RU-18 PCL 498 SEC, Summer Resort Location FL30 and PCL 365 SEC, PCL TP3586, Burnt
Island
Notwithstanding the uses permitted in a Rural Zone, a fish processing plant shall also be
a permitted use within lands zoned as RU-18.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 56
7.5.19 RU-19
181 Harbour View Road, Pt Lot 21, Concession 12, 31R-2665 Part 2
By-law 2019-15
Notwithstanding the uses permitted in a Rural Zone, a commercial building for the
purposes of a Radio Station and Production office with a maximum of 15 employees.
7.5.20 RU-20
9131 Hwy 6, Howland Township, Pt Lot 20, Concession11, Part 1, 31R-916
By-law 2019-27
Notwithstanding the uses permitted in a Rural Zone, to allow for an additional seacan to
be added to the parking lot area.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 57
Core Commercial (C1) Zone
Permitted Uses
No person within any Core Commercial (C1) Zone shall use any land, or erect, alter or use any
building or structure except for one or more of the following uses:
a)
Residential Uses
-
a dwelling unit or units in accordance with the provisions of Section 6.12 of this By-law.
-
an existing dwelling unit
b)
Commercial Uses
-
an art gallery
-
a gift shop
-
a convenience retail store
-
a personal service shop
-
a retail store
-
a restaurant
-
a laundromat
-
a commercial garage
-
a financial institution
-
a post office
-
a business or professional office
-
a hotel
c)
Institutional Uses
-
a public building
Zone Regulations
No person within any Core Commercial (C1) Zone shall use any land or erect, alter or use any
building or structure except in accordance with the provisions of Section 6 - General Provisions
and the following:
A commercial building or lot:
a)
Minimum lot frontage
none
b)
Minimum lot area
none
c)
Maximum lot coverage (%)
none
d)
Minimum front yard
none
e)
Minimum rear yard
6.0 m
f)
Minimum interior side yard
0 m
g)
Minimum exterior side yard
0 m
h)
Maximum building height
12.0 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 58
Special Exception Zones
C1-1
19 Robinson St; Lot 17, Townplot 2; By-law 1547
Notwithstanding any other provisions of this by-law, on the lands zoned C1-1 the
permitted uses shall be a restaurant, a licenced restaurant, rental of rooms or a
combination of both.
C1-2
32 Water St E; Water Lot opposite Town Plot 2 Lot 27; Part 10 and 11, Plan 31R-
741; By-law 1673
Notwithstanding the provisions of this by-law, on the lands zoned C1-2, the following
provisions shall apply:
Maximum lot coverage
80%
Minimum rear yard
0.0 m
C1-3
part of the Water Lot, Shaftesbury Town Plot 1, opposite Lot 22, Water St; By-law
1741
Notwithstanding the provisions of this by-law, on the lands zoned C1-3, the minimum rear
yard setback shall be 1.5 m less than otherwise required by this by-law.
C1-4
Part Lot 21, N/S Campbell St; By-Law 2012-37 (2017-37)
Notwithstanding the provisions of this by-law, on the lands zoned C1-4, two (2) apartment
units on the ground floor, within the north west portion of the existing non-residential
building (formerly Snappy's Furniture) are permitted.
C1-5
5 Worthington St; Part 21, S/S Robinson St; Part 1, Plan 31R-1696, Townplot of
Shaftsbury; By-law 2016-27
Notwithstanding the provisions of this By-law, on the lands zoned C1-5 a ground floor
residential unit as an accessory use to a commercial business is permitted.
C1-6
13 Worthington St; Part 21, N/S Campbell St, Townplot of Shaftsbury; By-Law
2016-39
Notwithstanding the provisions of this By-law, on the lands zoned C1-6, two ground floor
residential units as an accessory use to a commercial business.
General Commercial (C2) Zone
Permitted Uses
No person within any General Commercial (C2) Zone shall use any lot or erect, alter or use any
building or structure except for one or more of the following uses:
a)
Residential Uses
-
a dwelling unit or units in accordance with the provisions of Section 6.12 of this By-law.
-
an existing dwelling unit
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 59
b)
Commercial Uses
-
an animal hospital
-
a motel or hotel
-
a restaurant
-
a restaurant, drive-in
-
a retail store
-
a convenience retail store
-
a personal service shop
-
a service or repair shop
-
a laundromat
-
a motor vehicle sales area
-
a commercial garage
-
a bank
-
a post office
-
a business or professional office
-
a hotel
-
a place of entertainment
-
an emergency vehicle dispatch centre
-
a child care centre
-
a pharmacy
c)
Recreational Uses
-
a community centre
Zone Requirements
No person within any General Commercial (C2) Zone shall use any land or erect, alter or use any
building or structure except in accordance with the provisions of Section 6 - General Provisions
and the following:
A commercial or recreational building or lot:
a)
Minimum lot frontage
15.0 m
b)
Minimum lot area
700 sq. m
c)
Maximum lot coverage (%)
30%
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
6.0 m
f)
Minimum interior side yard
5.0 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
1.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum floor area for an accessory building
89 sqm
Special Exception Zones
C2-1
42 Manitowaning Rd; part Lots 30 and 31, N/S Blake St E, Parts 2, 2 and 3 Plan
31R-939 excepting Part 1, Plan 31R-1231; Shaftsbury Plan No 2; By-Law 2016-19
Notwithstanding the provisions of this by-law, on the lands zoned C2-1 a Microbrewery
Operation is also permitted.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 60
C2-2
19 Campbell St E, south part of Lots 26 and 27, S/S Campbell St; By-law 1607
Notwithstanding the provisions of this by-law, in addition to business offices on the lands
zoned C2-2, three apartments are permitted on the ground floor.
C2-3
33 Vankoughnet St E; parts 1 & 2, Plan 31R-254; Lots 29 & 30, S/S Vankoughnet
St; By-law 1699
Notwithstanding the provisions of this by-law, on the lands zoned C2-3, three apartments
are permitted in the main floor.
C2-4
West part of Lot 32, N/S Meredith St; By-law 1745
Notwithstanding the provisions of this by-law, on the lands zoned C2-4, two apartments
shall be permitted on the ground floor.
C2-5
26 Manitowaning Rd, Pt Lt 29 S/S Meredith St, 30 S/S Meredith St Pl
Shaftesbury; Pt 1, 2, 3 & 4, Plan 31R177; By-Law 1665
Notwithstanding the provisions of this By-Law, on the lands zoned C2-5, the minimum
side yard on shall be 1.0 m less than otherwise required by this By-law.
C2-6
40 Meredith St E; Lot 31, N/S Meredith St and Lot 31 S/S Campbell St, RP 2; By-
Law 98-50
Notwithstanding the provisions of this by-law, on the lands zoned C2-6, the following
provisions apply:
Minimum parking spaces
one (1) parking space for each 18 sqm of
total floor area, but excluding accessory
office space
Minimum area for snow storage
None required
C2-7
26 Meredith St E; Lots 27 & 28 N/S Meredith St, Town Plot of Shaftesbury; By-
Laws 2001-24 and 2005-18
Notwithstanding the provisions of this by-law, on the lands zoned C2-7, a maximum of
two (2) of the following uses: a personal service shop, the office of a doctor, lawyer,
dentist, real estate broker, insurance broker, planner, architect or engineer, as well as
continued residential uses are permitted.
In addition, the following signage is permitted:
i.
One main illuminated sign, 3.66 m x 2.44 m, located perpendicular to Meredith
Street;
ii.
Two corner lot signs, 1.0 m x 1.0 m, located perpendicular to Manitowaning
Road and Meredith Street;
iii.
One directional arrow, 0.3 m x 1.0 m; and
iv.
All signs to have a minimum setback of 1.0 m from the property line.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 61
C2-8
23 Meredith St E; Lots 27 and 28, excepting Parts 1, 2 and 3, Plan 31R-706, S/S
Meredith St, Townplot of Shaftesbury; By-Laws 2007-31 and 2008-22
Notwithstanding the provisions of this by-law, on the lands zoned C2-8,
i.
In addition to uses permitted under Section 7.7.1, the following uses are
permitted
-
a personal service shop
-
a service or repair shop
-
a business or professional office
ii.
General Provisions Sec. 6.24(i), the minimum buffer area between a commercial
and residential area, does not apply;
iii.
General Provisions Sec. 6.25, Planting strips, as required between a commercial
use and a residential area, does not apply
iv.
The minimum rear yard requirement shall be 4.0 m; and
v.
One illuminated sign facing Highway 6, having a height of 22' and a width of 8'
to be located 4' from lot line and 4' north of the driveway is permitted.
C2-9
30 Meredith St; Part Lot 29, N/S Meredith St, Shaftesbury Town Plot 2; By-Law
NO. 2016-36
Notwithstanding the provisions of this by-law, an Animal Hospital in the existing building
shall be permitted; however, no outdoor housing of animals or kennels shall be
permitted.
C2-10
1 Vankoughnet St E; west part of Lot 22, S/S Vankoughnet St; By-law 1726
Notwithstanding the provisions of this by-law, on the lands zoned C2-10, the minimum
exterior side yard setback shall be 1.2 metres.
C2-11
Part Park Lot 7; Part of Part 1, Plan 31R590, Townplot of Shaftesbury; By-Law
No. 2010-22
Subsection 8.54, Despite Section 7.6.2, on the lands zoned C2-11 the minimum front yard
setback shall be 0 m.
C2-12
15 Campbell Street East - By-law 2020-36
Notwithstanding the provisions of this by-law, by site specific to permit three
residential units and no commercial activity.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 62
Tourist Commercial (C3) Zone
Permitted Uses
No person within any Tourist Commercial (C3) Zone shall use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses.
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of Section 6.12 of this By-law.
b) Commercial Uses
-
a motel or hotel
-
a marina
-
a commercial campground
-
a commercial trailer park
-
a tourist cabin establishment
-
a restaurant
-
a golf course
Restrictions
Where any lot in a Tourist Commercial (C3) Zone is used for a commercial use, no habitable
building or structure on the lot shall be located within 20.0 m of the high water mark.
Where any lot in a Tourist Commercial (C3) Zone is used for a commercial use and abuts a lot on
which the principal use is a residential use, outside storage is prohibited in those yards on the
commercial use lot which abut the residential use lot.
Zone Requirements
No person within any Tourist Commercial (C3) Zone shall use any lot, or erect, alter or use any
building or structure except in accordance with the applicable provisions of Section 6, General
Provisions and the following:
Any commercial use or lot:
a)
Minimum lot frontage
60.0 m where the lot does not
abut a body of water
76.0 m where the lot abuts a
body of water
b)
Minimum lot area
2,325 sqm
c)
Maximum lot coverage (%)
30%
d)
Minimum front yard
9.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
4.5 m
g)
Minimum exterior side yard
4.5 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an accessory
building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 63
Special Exception Zones
C3-1
320 North Channel Dr; Lot 7, Conc. 10, Township of Howland; Part 3, Plan 31R-
1235; By-law 97-06
Notwithstanding any other provisions of this By-law, on the lands zoned C3-1 non-
commercial boat storage is permitted on a parcel of land measuring 30.48 m by 21.3 m
abutting the west limit of Part 3, approximately 121.9 m south of the north limit of the
property.
C3-2
68 Ferguson's Rd; Lot 21, Conc. 12, Township of Howland; Part 1, Plan 31R2186;
By-law 98-57
Notwithstanding any other provisions of this By-law, on the lands zoned C3-2 the
minimum required interior side yard is 1.74 m.
C3-3
Part 1, 31R-595, east part of Spider Island; By-law 1824)
Notwithstanding the provisions of this by-law, on the lands zoned C3-3, the following
provisions shall apply:
Minimum rear yard
5.18 m
Minimum parking spaces
11
C3-4
Sheguiandah Archaeological Site
Notwithstanding the provisions of this by-law, on the lands zoned C3-4, the only
permitted uses shall be the Sheguiandah Archaeological Site, including preservation of
archaeological features, interpretive museum, and accessory retail shop.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 64
Rural Commercial (RC) Zone
Permitted Uses
No person within any Rural Commercial (RC) Zone shall use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
A dwelling unit or units in accordance with the provisions of Section 6.12 of this By-law.
b) Commercial Uses
-
an animal hospital
-
a business or professional office
-
a post office
-
a retail store
-
a personal service shop
-
a hotel or motel
-
a building supply outlet
-
a farm implement dealer
-
a restaurant
-
a drive-in restaurant
-
a tavern
-
a motor vehicle sales area
-
a recreational vehicle sales area
-
a service or repair shop
-
a commercial garage
-
a laundromat
-
a home improvement centre
-
a hotel
-
an auction establishment
-
a flea market
Restrictions
In the Rural Commercial (RC) Zone, a dwelling unit as an accessory use may be located in a
principal commercial use building or structure other than a building or structure used as
commercial garage, automobile washing establishment, or a recreational vehicle sales
establishment.
The gross floor area of a building or structure in a Rural Commercial Zone containing a retail
store, services shop or business and professional office shall not exceed 700 sqm.
The gasoline pumps of a commercial garage or gas bar in a Rural Commercial Zone may be
located in the front yard but not within 4.5 m of the front lot line and where a side or rear yard of
a commercial garage or gas bar abuts a street the gasoline pumps may be located in the side or
rear yard if they are located at least 4.5 m from the side or rear lot line, as the case may be.
Where any lot in a Rural Commercial Zone is used for a commercial purpose and abuts a lot on
which the principal use is residential, outside storage is prohibited in those yards of the said lot
which abut the residential use lot.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 65
Zone Requirements
No person within any Rural Commercial (RC) Zone shall use any lot, or erect, alter or use any
building or structure except in accordance with the applicable provisions of Section 6 - General
Provisions and the following.
A commercial use or lot except a commercial garage:
a)
Minimum lot frontage
30.0 m
b)
Minimum lot area
1,850 sqm
c)
Maximum lot coverage (%)
50%
d)
Minimum front yard
15.0 m
e)
Minimum rear yard
4.5 m
f)
Minimum interior side yard
7.5 m
g)
Minimum exterior side yard
4.5 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an accessory building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
A commercial garage:
a)
Minimum lot frontage
38.0 m
b)
Minimum lot area
1,850 sqm
c)
Maximum lot coverage (%)
25%
d)
Minimum front yard
15.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
6.0 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
9.0 m
i)
Minimum distance to a lot line for an accessory building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
Special Exception Zones
RC-1
Part of Lot 21, Conc. 12, Township of Howland; Part 1, Plan 31R-2665 and
instrument t15206; By-law 95-06
Notwithstanding any other provisions of this by-law, on the lands zoned RC-1 a
construction setback of 30.48 m from the north and south limit of the lot and a visual
screen or vegetated buffer at least 1.8 m high, extending easterly along the north limit of
the lot, commencing at the north-west corner of the lot for a minimum of 60.9 m is
required.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 66
Institutional (I) Zone
Permitted Uses
No person within any Institutional (I) Zone shall use any land or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
a)
Residential Uses
-
a dwelling unit or units in accordance with the provisions of Section 6.12 of this By-law.
b)
Institutional Uses
-
an auditorium
-
a place of worship
-
a fire hall
-
a municipal office
-
a private club
-
a public building
-
a school
-
a nursing home
-
a hospital
-
a group home
-
a clinic when located on the same property as a hospital or nursing home
-
an emergency vehicle dispatch centre
-
an institutional use
-
a multi-use facility
c)
Recreational Uses
-
a park
-
a playground
Zone Requirements
No person within any Institutional (I) Zone shall use any land, or erect, alter or use any building
or structure except in accordance with the applicable provisions of Section 6 - General Provisions
and the following:
An institutional or recreation use:
a)
Minimum lot frontage
15.0 m
b)
Minimum lot area
600 sqm
c)
Maximum lot coverage (%)
35%
d)
Minimum front yard
6.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
2.5 m
g)
Minimum exterior side yard
6.0 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
1.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum floor area for an accessory building
89 sqm
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 67
Special Exception
7.10.3.1 I-1
27 Worthington Street, By-law 2020-51
Notwithstanding any other provisions of this by-law, as amended to rezone the
south end (approximately 53, meters from Meredith to Campbell Streets and a
width of +/- 41m along Meredith Street to General Commercial (C2) and permit
all associated activities.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 68
Open Space (O1) Zone
Permitted Uses
No person within any Open Space (O1) Zone shall use any lot, or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
a)
Open Space and Recreation Uses
-
an area where the primary land use is for public or private recreation
-
an arena
-
a community centre
-
a curling rink
-
a playground
-
a playing field
-
a race track
-
a tennis court
-
a skating rink
-
a swimming area
-
a public wharf or dock
-
a marina
-
a bowling green
-
a campground
-
a club
-
a golf course
-
a ski hill
b)
Other Uses
-
a public utility
-
a public washroom
Zone Regulations
No person within any Open Space (O1) Zone shall use any land or erect, alter or use any
building or structure except in accordance with the provisions of Section 6 - General Provisions
and the following:
A recreational building or lot:
a)
Minimum lot frontage
15.0 m
b)
Minimum lot area
460 sqm
c)
Maximum lot coverage (%)
10%
d)
Minimum front yard
7.5 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
2.5 m
g)
Minimum exterior side yard
7.5 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
1.2 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum floor area for an accessory building
89 sqm
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 69
Special Exception Zones
O1-1
By-law 1644
Notwithstanding the provisions of this By-law, the land shown as O1-1 on Schedule A shall
not be used for other than landscaped open space as part of the development and shall
at no time be used for active recreational purposes.
O1-2
2725 Highway 240; Lot 28, Conc. V, Howland Township; Part 1, Plan 31R-3943,
By-Law 2013-32
Notwithstanding the provisions of this By-law, the land zoned O1-2 shall not be used for
other than landscaped open space and an area for the protection of an environmental
hazard or a conservation area.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 70
Open Space Conservation (O2) Zone
Permitted Uses
No person within any Open Space Conservation (O2) Zone shall use any lot, or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a)
Open Space Conservation Uses
-
an area where the primary land use is for public recreation
-
a conservation use
Zone Regulations
No person within any Open Space Conservation (O2) Zone shall use any land or erect, alter or
use any building or structure except in accordance with the provisions of Section 6 - General
Provisions and the following:
a)
Maximum lot coverage
10%
b)
Minimum front yard
7.5 m
c)
Minimum rear yard
7.5 m
d)
Minimum interior side yard
7.5 m
e)
Minimum exterior side yard
7.5 m
f)
Maximum building height
12.0 m
g)
Maximum building height for an accessory building
5.0 m
Special Exception Zones
Reserved.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 71
General Industrial (M) Zone
Permitted Uses
No person within any General Industrial (M) Zone shall use any lot or erect, alter or use any
building or structure except for one or more of the following uses:
a)
Industrial Uses
-
a contractors shop or yard
-
a boat storage and repair facility
-
a builders supply yard
-
a warehouse
-
an equipment or materials storage yard
-
a transport terminal
-
a business office accessory to a permitted use
-
a manufacturing plant
-
a processing plant
-
an industrial use
-
a commercial garage
-
a welding shop
-
a petroleum storage depot
-
a self-storage facility
b)
Commercial Uses
-
a commercial use accessory to a permitted Industrial use
-
an office accessory to a permitted industrial use
c)
Other Uses
-
a public building
-
a public utility
Zone Regulations
An industrial building or lot or a commercial building on an industrial lot that is
accessory to the industrial use:
a)
Minimum lot frontage
30.0 m
b)
Minimum lot area
1,850 sqm
c)
Maximum lot coverage (%)
50%
d)
Minimum front yard
7.5 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
5.0 m
g)
Minimum exterior side yard
7.5 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
2.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum floor area for an accessory building
89 sqm
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 72
Special Exception Zones
M-1
74 Vankoughnet St E; Park Lots 9 &10, N/S Vankoughnet St; Part 1 & 2, Plan
31R-2003; By-law 1710
Notwithstanding the provisions of this by-law, on the lands zoned M-1 the minimum rear
yard setback shall be 2.0 m.
M-2
Part 1, Plan 31R-3190; part of Parcel 2353, Part of Little LaCloche Island; By-
Law 2006-12
Notwithstanding the provisions of this by-law, on the lands zoned M-2 a harbour facility
is a permitted use and a maximum building height not exceeding 30.0 m on February 17,
2004 is permitted.
M-3
9131 Highway No. 6; Southeast corner Lot 20, Conc. XI, Township of Howland;
By-Law 2010-08
Notwithstanding the provisions of this by-law, on the lands zoned M-3 four (4) portable
storage containers accessory to the existing industrial use are permitted.
M-4
75 Vankoughnet St East; Part Park Lot 10; Part 2, Plan 31R-2780, Townplot of
Shaftesbury; By-Law No. 2010-14
Notwithstanding the uses permitted in a General Industrial (M) Zone, on the lands zoned
M-4, one (1) portable storage container in accordance with Section 6.2 shall be permitted
to be used for storage, accessory to the Industrial use.
M-5
23 Fergusons Road - Howland Concession 12, Lot 21, Plan 31R2912; By-Law
2018-23
Notwithstanding the uses permitted in a General Industrial (M) Zone, on the lands zoned
M-5, the operation of indoor and outdoor storage units.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 73
Light Industrial (M1) Zone
Permitted Uses
No person within any Light Industrial (M1) shall use any lot or erect, alter or use any building or
structure except for one or more of the following uses:
a)
Light Industrial Uses
-
a light industrial use
-
an emergency vehicle dispatch centre
-
a landscaping operation
-
a commercial greenhouse
-
a rental store - small equipment
-
a scientific or medical laboratory
-
a school, commercial (adult training)
-
a service industry, not including or excepting a commercial garage
-
an animal hospital
-
a warehouse
-
a self-storage facility
b)
Commercial Uses
-
a commercial use accessory to a permitted light industrial use
-
an office accessory to a permitted light industrial use
-
a retail store accessory to a permitted light industrial use
c)
Other Uses
-
A public building
-
A public utility
Zone Regulations
No person within any Light Industrial (M1) Zone shall use any land or erect or use any building or
structure except in accordance with the provisions of Section 6 - General Provisions and the
following:
An industrial building or lot or a commercial building on an industrial lot that is
accessory to the industrial use:
a)
Minimum lot frontage
30.0 m
b)
Minimum lot area
1,850 sqm
c)
Maximum lot coverage (%)
50%
d)
Minimum front yard
7.5 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
5.0 m
g)
Minimum exterior side yard
7.5 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
2.0 m
j)
Maximum building height for an accessory building
5.0 m
k)
Maximum floor area for an accessory building
89 sqm
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 74
Rural Industrial (RM) Zone
Permitted Uses
No person within any Rural Industrial (RM) Zone shall use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a)
Industrial Uses
-
a saw mill
-
a builder supply yard
-
a warehouse
-
a fabricating shop
-
a manufacturing plant
-
a processing plant
-
a commercial garage
-
a transport terminal
-
a harbour facility
-
a work shop
-
a service shop
-
a service shop (heavy)
-
a service industry
-
a machine or welding shop
-
a truck or bus storage terminal
-
a feed mill
-
a farm produce storage area
-
a contractor or tradesman shop or yard
-
an equipment or materials storage yard
-
a dry industry
-
a municipal works building
-
a custom workshop
-
a business office accessory to a permitted use
b)
Commercial Uses
-
a retail commercial outlet, as a use accessory to a use permitted in this section
c)
Residential Uses
-
a dwelling unit as an accessory use may be located in a principal industrial use building or
structure other than a building or structure used as an automobile body repair shop,
motor vehicle repair shop, a feed mill or a service shop (heavy)
Restrictions
Notwithstanding any other provision of this By-law, no building or structure in a Rural Industrial
Zone shall be located in a rear or side yard within 15.0 m of a street.
Where any lot in a Rural Industrial Zone is used for an industrial use and abuts a lot on which the
principal use is a residential use, outside storage is prohibited in those yards on the industrial use
lot which abut the residential use lot.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 75
Zone Requirements
No person within any Rural Industrial (RM) Zone shall use any lot, or erect, alter or use any
building or structure except in accordance with the applicable provisions of Section 6, General
Provisions and the following.
An industrial use or lot:
a)
Minimum lot frontage
134 m
b)
Minimum lot area
5.0 ha
c)
Maximum lot coverage (%)
50.0%
d)
Minimum front yard
15.0 m
e)
Minimum rear yard
7.5 m
f)
Minimum interior side yard
7.5 m
g)
Minimum exterior side yard
7.5 m
h)
Maximum building height
12.0 m
i)
Minimum distance to a lot line for an accessory building
3.0 m
j)
Maximum building height for an accessory building
5.0 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 76
Pit and Quarry (Q) Zone
Permitted Uses
No person within any Pit and Quarry (Q) Zone shall use any lot, or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
an asphalt plant
-
a concrete batching plant
-
a quarrying and sand and gravel pit operation
-
a washing, screening, crushing and storage of sand, gravel, ballast, stone, aggregates,
clays, brick, peat, and other surface and sub-surface resource materials operation
-
an accessory and associated operation
-
notwithstanding any other provision of this By-law, a temporary mobile work camp
consisting of mobile homes or other structures designed to be made mobile may be
located and used on a lot in the Pit and Quarry Zone as a use accessory to pit or quarry
operations or to a use permitted in this section
-
agricultural uses are permitted in a Pit and Quarry Zone but, notwithstanding Section 6.2,
buildings and structures accessory to an agricultural use are not a permitted use.
Restrictions
No pit or quarry shall be excavated so that its edge is at a point less than 30.0 m from the limit of
any road right-of-way and/or 30.0 m from any adjoining property line. However, this lot line
restriction may be waived where two extractive operations abut and are being mined at the
same time thus permitting a more efficient use of the available aggregate.
a) No use permitted shall be carried on within:
i)
65.0 m of any residential use on another lot
ii) 50.0 m of any street
b) No person shall make or establish a pit or quarry within;
i)
65.0 m of any residential use on another lot
ii) 50.0 m of any street.
The requirements set out in Section 7.16.3 do not apply to conveyor and loading facilities
accessory to a pit or quarry operation or to a permitted agricultural use.
Zone Requirements
No person within any Pit and Quarry (Q) Zone shall use any lot, or erect, alter or use any building
or structure except in accordance with the applicable provisions of Section 6, General Provisions -
and the following.
A pit or quarry use or lot:
a)
Minimum front, side and rear yard
30.0 m
b)
Maximum building height
20.0 m
c)
Minimum distance to a lot line for an accessory building
10.0 m
d)
Maximum building height for an accessory building
9.0 m
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 77
Waste Processing (WP) Zone
Permitted Uses
No person shall within any Waste Processing (WP) Zone use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
-
an agricultural use
-
a material recovery facility or area
-
a landscape planting, berm, fence and other similar screening measure for adjacent land
filling activities
-
a monitoring device to measure ground water quality, hydrogeological parameters, gas
and leachate migration, surface water quality and air quality related to adjacent land
filling activities
-
a remedial measure for the collection of contaminates from adjacent land filling activities
-
a nuisance control measure to mitigate noise, dust, odour, litter, vermin and vectors, and
visual impacts created by adjacent land filling activities
-
a storm water collection pond
-
a
maintenance
or
perimeter
road
and
transportation
route
for
the
transportation/transfer of waste materials
-
a temporary borrow pit and soil stock pile
-
a waste disposal site through the land filling of non-hazardous waste
-
a composting facility
-
a closed landfill site or area
-
a building and use accessory to the permitted uses
-
a landfill attenuation facility
-
a storage container
Zone Restrictions
No required berm shall be less that 1.0 m high adjacent to any public road allowance or less than
2.5 m high adjacent to the southerly boundary of the site.
No land filling shall be permitted closer than 30.0 m from a municipal road allowance or 12.0 m
from a property boundary.
Zone Requirements
No person shall within any Waste Processing (WP) Zone use any lot, or erect, alter or use any
building or structure for any purpose except in accordance with the applicable provisions of
Section 6 - General Provisions and the following:
a)
Minimum lot frontage
150 m
b)
Minimum lot area
none
c)
Maximum lot coverage
none
d)
Minimum setback when
adjacent to a Landfill
0.0 m
e)
Minimum Setback-Other
-
20.0 m for a material recovery facility or area from a
Rural (RU) Zone
-
12.0 m for a weigh scale from a Rural (RU) Zone
-
0.0 m for maintenance or perimeter roads and
transportation routes from a Rural (RU) Zone
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 78
-
3.0 m for all other permitted uses from a Rural (RU)
Zone
-
30.0 m for a composting facility from a Rural (RU)
Zone
-
12.0 m for land filling from a Rural (RU) Zone
-
0.0 m for attenuation areas
Special Exception Zones
WP-1
Part of Lot 13, Con 11, Township of Howland (former Mountain Side Estates
Road area)
Notwithstanding the provisions of this by-law, on the lands zoned WP-1 the only
permitted use shall be landfill attenuation areas.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 79
Hazard (HZ) Zone
Permitted Uses
No person within any Hazard (HZ) Zone shall use any lot, or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
-
a structure for the protection of land subject to:
iii) flooding or high-water table;
iv) steep slopes subject to erosion;
v) swamps and marshes and land subject to wind erosion; or
vi) lands with limitations to development due to slope or wave action or lack of soil cover
-
a nursery garden
-
an agricultural uses other than structures
-
a forestry operation
-
an open space
-
an area for the protection of an environmental hazard such as swamps or marshes,
floodplains or land liable to flood or land subject to very high water table, steep slopes,
gullies, or lands subject to wind or water erosion
-
a conservation area primarily for the location of flood control, bank stabilization or
erosion protection structures or projects; and
Restrictions
No accessory dwelling unit or units shall be permitted in any Hazard (HZ) Zone.
Zone Requirements
No person within any Hazard (HZ) Zone shall use any lot, or erect, alter or use any building or
structure except in accordance with the applicable provisions of Section 6, General Provisions.
Special Exceptions
7.1.9.4.1
HZ -1
Island TP1977 - 733 Designated as AE 422 West Bay of
McGregor Bay; By-law 2016-06
Notwithstanding the provisions of this by-law, Hazard to Shorline
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Page 80
Development (D) Zone
Permitted Uses
No person within any Development (D) Zone shall use any land or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
a)
Residential Uses
-
an existing single detached dwelling
b)
Other Uses
-
an existing non-residential use
-
a public utility
Zone Regulations
No person within any Development (D) Zone shall use any land or erect, alter or use any building
or structure except in accordance with the provisions of this Section, the applicable provisions of
Section 6 - General Provisions.
Official Plan Conformity
Lands within a Development (D) Zone may, upon an application by the Town or the landowner,
be rezoned to a specific zone or zones in conformity with the Official Plan. Until such time as the
lands are rezoned to a specific zone or zones, no person shall change the use of any land,
structure or building, or erect or use any land, building or structure except in conformity with the
provisions of this By-law.
Existing Uses
Where any building or structure has previously been erected or used and any land used at the
date of the passing of this By-law within the Development (D) Zone, such uses may continue to
be used for the same purposes and may be reconstructed, repaired or renovated.
Special Exemption Zones
7.21.5.1 D1-1
Shaftesbury Townplot 2, Part Park lot 6, being Part 1 of Plan 3R-4060;
By-law 2016-43
Notwithstanding the provisions of this by-law, the zoning has been changed from
Development to Residential.
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Appendix A
APPENDIX A - ACCESSIBLE PARKING REQUIREMENTS
This section does not form part of this By-law and is provided for convenience only.
i)
Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards
Regulation 191/11 or its successors. At the time of the writing of this By-law spaces
shall be of the following two types:
ii) Access for accessible spaces may be shared by two parking spaces for the use of
persons with disabilities and must have a minimum width of 1.5 m.
accessible parking spaces shall be located on level ground readily accessible to an
entrance to such building; and be clearly identified and reserved for the exclusive
use of physically disabled persons.
Provision of accessible parking spaces shall meet the Ontario Integrated Accessibility Standards
Regulation 191/11 or its successors. Multiple Residential (i.e., apartment dwellings), Commercial,
Industrial, and Institutional Uses, shall provide parking spaces for the exclusive use of persons with
disabilities in accordance with the following table:
Total Parking Spaces Provided
Accessible Spaces Required (minimum)
Up to 35
1 (Type A)
36-60
2
61-85
3
86-130
4
131-165
5
166-200
6
For each additional 50 spaces thereof
1 additional space
Where an even number of accessible parking spaces are provided, an equal number of parking
Town of Northeastern Manitoulin and the Islands
Comprehensive Zoning By-law
J.L. Richards & Associates Limited
As Adopted - November 6, 2018
Job No.: 27193-002
Appendix A
spaces that meet the requirements of a Type A parking space and a Type B parking space must be
provided.
Where an odd number of accessible parking spaces are provided, the number of parking spaces
must be divided equally between parking spaces that meet the requirements of a Type A parking
space and a Type B parking space, but the additional parking space, the odd-numbered space, may
be a Type B parking space.