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North Bruce Peninsula Comprehensive Zoning By-law 2002-54
Comprehensive Zoning By-Law Number 2002-54
of the
Municipality of Northern Bruce Peninsula
A By-Law to Regulate
the Use of Lands and the Character, Location
and use of Buildings and Structures
in the Municipality of Northern Bruce Peninsula
Housekeeping Updates
April 2005 (2005-13)
October 2009 (2009-87)
October 2019 (2019-89)
August 2022 (2022-47)
Office Consolidations
September 2002
August 11, 2010
October 31, 2012
September 2015
April 22, 2008
July 18, 2011
January 23, 2013
January 2016
July 21, 2008
October 26, 2011
April 26, 2013
April 2016
March 27, 2009
January 11, 2012
July 23, 2013
January 2017
May 25, 2009
March 7, 2012
August 6, 2013
January 2019
December 4, 2009
April 21, 2010
April 27, 2012
July 20, 2012
August 2014
December 2014
June 2022
For Office Use Only
Prepared by the County of Bruce
Planning & Economic Development Department
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
Table of Contents
Comprehensive Zoning By-Law Number 2002-54 .................................................................... 1
Section 1 - Title ............................................................................................................................ 1
Section 2 - Application Of By-Law ............................................................................................. 1
Section 3 - Interpretation (Text) ................................................................................................. 1
Section 4 - Administrative Provisions ....................................................................................... 2
4.1
Applications, Plans And Permits ...................................................................................................... 2
4.2
Inspection Of Premises .................................................................................................................... 2
4.3
Violations And Penalties .................................................................................................................. 2
4.4
Remedies ........................................................................................................................................ 3
4.5
Validity ............................................................................................................................................ 3
4.6
Licenses, Permits And Other By-Laws ............................................................................................. 3
4.7
Greater Restrictions Of Others To Govern ....................................................................................... 4
4.8
Health Approval ............................................................................................................................... 4
4.9
Metric And Imperial Measurement ................................................................................................... 4
4.10 Requests For Amendments ............................................................................................................. 4
Section 5 - Definitions ............................................................................................................... 5
Section 6 - General Provisions For All Zones ......................................................................... 25
A. General Land Use Regulations ............................................................................................. 25
6.1
Permitted Uses In All Zones ....................................................................................................... 25
6.1.1 Services and Utilities ................................................................................................. 25
6.1.2 Construction Facilities ............................................................................................... 25
6.1.3 Ornamental Structures .............................................................................................. 25
6.1.4 Signs and Signals ..................................................................................................... 25
6.1.5 Sewage Disposal Systems........................................................................................ 25
6.2
Public Uses, Buildings And/or Structures ................................................................................. 26
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
6.3
Accessory Uses ........................................................................................................................... 26
6.3.1 Where Permitted ....................................................................................................... 26
6.3.2 Number of Accessory Buildings ................................................................................ 26
6.3.3 Location .................................................................................................................... 26
6.3.4 Yards for Residential Uses ........................................................................................ 26
6.3.5 Pump houses ............................................................................................................ 27
6.3.6 Separation from the Main Building ............................................................................ 27
6.3.7 When Permitted ........................................................................................................ 27
6.3.8 Private Guest Cabin .................................................................................................. 27
6.3.9 Boathouse ................................................................................................................. 28
6.3.10 Docks ........................................................................................................................ 28
6.3.11 Lighting ..................................................................................................................... 28
6.3.12 Farmers Market ........................................................................................................ 28
6.3.13 Tents. Trailers, and Recreational Vehicles ............................................................... 29
6.3.14 Shipping Containers.................................................................................................. 29
6.3.15 Additional Residential Units ...................................................................................... 30
6.4
Detached Accessory Dwelling .................................................................................................... 32
6.5
Accessory Dwelling Unit Contained Within A Non-Residential Building Or Structure ........... 32
6.6
Apartment Dwelling Unit Sizes ................................................................................................... 32
6.7
Home Based Business - Professional Uses ............................................................................... 33
6.8
Home Based Business - Domestic And Household Arts .......................................................... 33
6.9
Home Based Business - Rural Business ................................................................................... 34
6.10 Home Based Business - Contractors & Trade Persons ........................................................... 34
6.11 Home Based Business - Bed And Breakfast Establishment ..................................................... 35
6.12 Zoning Over Water Bodies .......................................................................................................... 35
6.13 Non-Conforming Uses ................................................................................................................. 35
6.14 Non-Complying Uses .................................................................................................................. 36
6.14.1 Rebuilding, Repairs and Renovations ..................................................................... 36
6.14.2 Additions and Accessory Uses Permitted ............................................................... 36
B. General Lot Regulations ....................................................................................................... 37
6.15 Frontage On A Public Road ........................................................................................................... 37
6.16 Established Building Line In Built-Up Area ..................................................................................... 37
6.17 Through Lots ................................................................................................................................. 37
6.18 Permitted Yard Encroachment ....................................................................................................... 37
6.19 Reduction Of Requirements ........................................................................................................... 38
6.20 Fencing Of Privately Owned Outdoor Swimming Pools .................................................................. 38
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
6.21 Drainage Of Lots ........................................................................................................................... 38
6.22 Planting Area ............................................................................................................................... 39
6.22.1 Required Locations ............................................................................................... 39
6.22.2 Width of Planting Area .......................................................................................... 39
6.22.3 Vegetation Height ................................................................................................. 39
6.22.4 Interruption for Driveway or Walkway ................................................................... 39
6.22.5 Landscaped Open Space ..................................................................................... 39
C. General Building Regulation ................................................................................................. 40
6.23 Exceptions To Maximum Height Regulations ................................................................................. 40
6.24 Dwelling Units Below Grade .......................................................................................................... 40
D. Special Setbacks And Restrictions ...................................................................................... 41
6.25 Watercourse Setbacks ................................................................................................................ 41
6.25.1 Municipal Drains ................................................................................................... 41
6.25.2 Natural Watercourses ........................................................................................... 41
6.26 Setbacks From Waste/Sewage Disposal (WD) Zones.................................................................... 41
6.27 Sight Visibility Triangles ................................................................................................................. 41
6.28 Open Storage - Commercial And Industrial Zones .................................................................... 42
6.28.1 Minimum Setbacks ............................................................................................... 42
6.28.2 Surface Treatment ................................................................................................ 42
6.28.3 Parking and Loading Spaces to be Preserved ...................................................... 42
6.28.4 Lighting ................................................................................................................. 42
6.29 Open Storage - Residential Zones ................................................................................................. 42
6.30 Lake Huron - Georgian Bay Flood Constraint Regulations ....................................................... 43
6.30.1 Flood Proofing ...................................................................................................... 43
6.30.2 Additions and Accessory Uses Permitted ............................................................. 43
6.31 Shoreline Development Constraint ............................................................................................ 43
6.31.1 Prohibited uses ..................................................................................................... 43
E. Regulations For Parking, Loading and Municipal Roads ................................................... 44
6.32 Off-Road Parking Regulations .................................................................................................... 44
6.32.1 Required Number of Spaces................................................................................. 44
6.32.2 Size and Accessibility of Parking Spaces ............................................................. 47
6.32.3 Provisions and Location of Spaces ....................................................................... 47
6.32.4 Application of Parking Requirements .................................................................... 48
6.32.5 Seating Accommodation by Benches ................................................................... 48
6.32.6 Driveways ............................................................................................................. 48
6.32.7 Surfacing and Drainage of Parking Areas and Access Lanes ............................... 49
6.32.8 Illumination of Parking Areas or Driveways ........................................................... 49
6.32.9 Landscaping ......................................................................................................... 49
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
6.33 Loading Regulations ................................................................................................................... 50
6.33.2 Access .................................................................................................................. 50
6.33.3 Loading Space Dimensions .................................................................................. 50
6.33.4 Location of Loading Space ................................................................................... 50
6.33.5 Surface and Drainage of Spaces and Driveways .................................................. 51
6.33.6 Application of Loading Space Requirements ........................................................ 51
6.33.7 Landscaping ......................................................................................................... 51
6.34 Municipal Roads .......................................................................................................................... 51
6.34.1 Municipal Roads - Class 1 .................................................................................... 51
6.34.2 Municipal Roads - Class 2 .................................................................................... 51
F. Prohibited Uses ..................................................................................................................... 52
6.35 Prohibited Uses in All Zones .......................................................................................................... 52
Section 7 Establishment Of Zones ......................................................................................... 53
7.1
General ......................................................................................................................................... 53
7.2
Zone Symbols ............................................................................................................................... 53
7.3
Special Use Provisions ...................................................................................................... 54
7.4
Special Holding Provisions ................................................................................................ 54
7.4.2 Enlargements, Alterations, Additions to Existing Buildings or Structures in Zones
with Holding Provisions ........................................................................................... 54
7.4.3 Limited Municipal service ("lms") Provisions ........................................................... 55
7.5
Special Provisions For Existing Uses ................................................................................. 55
7.6
Incorporation Of Zoning Map.............................................................................................. 55
7.7
Zoning Maps ...................................................................................................................... 55
7.7.2 Precedence of Schedules ....................................................................................... 56
7.7.3 Roads and Rights-of-Way ....................................................................................... 56
7.7.4 More Than One Zone on a Lot ................................................................................ 56
Section 8 - General Provisions For All Rural Zones - RU ....................................................... 57
8.1
Provisions For Liquid Manure Storage Facilities ............................................................................. 57
8.2
Number Of Residential Dwellings Per Lot ...................................................................................... 58
8.3
Existing Lots .................................................................................................................................. 58
8.4
Minimum Separation Distances Between Agricultural And Non-Agricultural Uses ........................... 58
Section 9 RU1 - Rural Zone 1 (General Rural) ...................................................................... 59
9.1
Uses Permitted ............................................................................................................... 59
9.2
Zone Provisions .............................................................................................................. 60
9.3
Special Provisions ........................................................................................................... 61
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
Section 10 RU2 Rural Zone 2 (Restricted Rural) ................................................................... 68
10.1
Special Provisions ............................................................................................................. 68
Section 11 - General Provisions For All Residential Zones ................................................... 70
11.1
Number Of Buildings Per Lot ................................................................................ 70
11.2
Existing Lots ......................................................................................................... 70
11.3
Parking Requirements .......................................................................................... 70
11.4
Servicing Requirements ........................................................................................ 70
Section 12 R1 - Provisions For Residential Zone 1 (Detached Residential) ........................ 71
12.1
Uses Permitted ............................................................................................................... 71
12.2
Zone Provisions .............................................................................................................. 72
12.3
Special Provisions ........................................................................................................... 73
Section 13 - R2- Provisions For Residential Zone 2 (Resort Residential) ............................ 75
13.1
Uses Permitted .................................................................................................................. 75
13.2
Zone Provisions ................................................................................................................. 75
13.2.2
Provisions for Island Development ........................................................... 76
13.2.3
Existing lots - Islands ............................................................................... 76
13.3
Special Provisions ............................................................................................................. 76
Section 14 R3 - Provisions Of Residential Zone 3 (Semi- Detached/Duplex Residential) .. 86
14.1
Uses Permitted .................................................................................................................. 86
14.2
Zone Provisions ................................................................................................................. 87
14.3
Special Provisions ............................................................................................................. 88
Section 15 R4 - Provisions Of Residential Zone 4 (Low Density Multiple Family
Residential) ............................................................................................................................ 89
15.1
Uses Permitted .................................................................................................................. 89
15.2
Zone Provisions ................................................................................................................. 89
15.3
Special Provisions ................................................................ Error! Bookmark not defined.
Section 16 - R5 - Provisions Of Residential Zone 5 (Medium Density Multiple Family
Residential) ............................................................................................................................ 92
16.1
Uses Permitted .................................................................................................................. 92
16.2
Zone Provisions ................................................................................................................. 92
16.3
Special Provisions ............................................................................................................. 93
Section 17 - General Provisions For All Commercial Zones - C ............................................ 95
17.1
Minimum Separation Of Commercial Buildings From Residential Zones .......................... 95
17.2
Outside Storage And Display .......................................................................................... 95
17.3
Lighting ........................................................................................................................... 95
17.4
Accessory Uses ............................................................................................................... 95
17.5
Accessory Residential Use .............................................................................................. 95
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
17.6
Number Of Buildings Per Lot ........................................................................................... 95
17.7
Existing Lots .................................................................................................................... 95
17.8
Parking Requirements ..................................................................................................... 95
17.9
Loading Requirements .................................................................................................... 95
Section 18 C1 - Provisions For Commercial Zone 1 (Business District Commercial) ........ 96
18.1
Uses Permitted ............................................................................................................... 96
18.2
Zone Provisions .............................................................................................................. 97
18.3
Existing Detached Dwellings ............................................................................................ 97
18.4
Special Provisions ........................................................................................................... 97
Section 19 C2 - Provisions For Commercial Zone 2 (Hamlet Commercial) ...................... 101
19.1
Uses Permitted ..............................................................................................................101
19.2
Zone Provisions .............................................................................................................102
19.3
Special Provisions ..........................................................................................................102
Section 20 C3 - Provisions For Commercial Zone 3 (Resort Commercial) ........................ 105
20.1
Uses Permitted ..............................................................................................................105
20.2
Zone Provisions .............................................................................................................105
20.3
Tourist Cottage Rental Establishment .............................................................................106
20.4
Marina Development ......................................................................................................106
20.5
Special Provisions ..........................................................................................................106
Section 21 - C4 - Provisions For Commercial Zone 4 (Travel Trailer Park And Commercial
Campground) ...................................................................................................................... 108
21.1
Uses Permitted ..............................................................................................................108
21.2
Zone Provisions .............................................................................................................108
21.6
Provisions For Tourist Cottage Rental Establishment .....................................................109
21.7
Special Provisions ..........................................................................................................109
Section 22 HCM - Provisions For Highway Commercial & Industrial Zone ...................... 111
22.1
Uses Permitted ..............................................................................................................111
22.2
Zone Provisions .............................................................................................................112
22.2.1
Buffer from Residential Zone.............................................................................112
22.3
Special Provisions ..........................................................................................................113
Section 23 RCM - Provisions For Rural Commercial & Industrial Zone ............................ 116
23.1
Uses Permitted ..............................................................................................................116
23.2
Zone Provisions .............................................................................................................117
23.2.2
Buffer from Residential Zone ..........................................................................117
23.3
Special Provisions ..........................................................................................................118
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
Section 24 EX - Provisions For Industrial Zone 2 (Extractive Industrial) .......................... 120
24.1 Uses Permitted ..............................................................................................................120
24.2 Zone Provisions .............................................................................................................120
24.4 Special Provisions ..........................................................................................................121
Section 25 'I' - Provisions For Institutional Zone ................................................................ 122
25.1 Uses Permitted ..............................................................................................................122
25.2 Zone Provisions .............................................................................................................123
25.3 Existing Lots ...................................................................................................................124
25.4 Special Provisions ..........................................................................................................124
Section 26 OS - Provisions For Open Space Zone (General Open Space) ....................... 125
26.1 Uses Permitted ..............................................................................................................125
26.2 Zone Provisions .............................................................................................................125
26.3 Special Provisions ..........................................................................................................126
Section 27 MIS - Provisions For Municipal Infrastructure Services Zone (Municipal
Infrastructure Services) ...................................................................................................... 128
27.1 Uses Permitted ..............................................................................................................128
27.2 Zone Provisions .............................................................................................................128
27.4 Special Provisions ..........................................................................................................128
Section 28 EH - Provisions For Environmental Hazard Area Zone ................................... 129
28.1 Uses Permitted ..............................................................................................................129
28.2 Structures Permitted .......................................................................................................129
28.3 Zone Provisions .............................................................................................................129
28.4 Minor Adjustments to Zone Boundary .............................................................................129
28.5 Special Provisions ..........................................................................................................130
Section 29 PD - Provisions For Planned Development Zone ............................................. 131
29.1 Uses Permitted ..............................................................................................................131
29.2 Special Provisions ..........................................................................................................131
Section 30 - Enactment ........................................................................................................... 132
30.1
Conflict with Other By-laws .......................................................................................................132
30.2
Repeal of Existing By-law .........................................................................................................132
30.3
Effective Date ...........................................................................................................................132
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
1
The Corporation Of The Municipality Of
Northern Bruce Peninsula
By-Law 2002-54
A by-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters
relating to buildings and structures and to prohibit certain uses of land and the erection and use of
certain buildings and structures in the Municipality of Northern Bruce Peninsula.
WHEREAS the Council of the Corporation of the Municipality of Northern Bruce Peninsula consider it
advisable to restrict the use of land and the erection of buildings and structures on land situated within
the Municipality of Northern Bruce Peninsula.
AND WHEREAS authority is granted under Section 34 of The Planning Act, R.S.O. 1990, to the
Council of the Municipality of Northern Bruce Peninsula to exercise such powers;
NOW THEREFORE the Council of the Corporation of the Municipality of Northern Bruce Peninsula
enacts as follows:
Section 1 - Title
This By-law may be cited as the Comprehensive Zoning By-law of the Municipality of Northern Bruce
Peninsula.
Section 2 - Application Of By-Law
No building or structure shall hereafter be erected or altered, and the use of any building, structure or
lot shall hereafter not be changed in whole or in part except in conformity with the provisions of this
By-law.
Section 3 - Interpretation (Text)
3.1
The particular shall control the general;
3.2
The word "shall" is mandatory and not discretionary; and the word "may" is permissive;
3.3
Words used in the present tense shall include the future; and words used in the singular
number shall include the plural and the plural shall include the singular, unless the context
clearly indicates the contrary;
3.4
A "Building" or "Structure" includes any part thereof.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
2
Section 4 - Administrative Provisions
4.1
Applications, Plans And Permits
4.1.1 In addition to all the requirements of the Corporation's Building By-law or any other By-law
of the Corporation, every application for a building permit shall be accompanied by a plan
(prepared by an Ontario Land Surveyor if deemed necessary) in duplicate, (one copy of
which shall be retained by the Chief Building Official) drawn to scale and showing the
following:
a)
The true dimensions of the lot to be built upon or otherwise used; and
b)
The proposed location, height and dimensions of any building, structure or use
proposed for such lot; and
c)
The proposed locations and dimensions of any yards, setback, landscaped open
space, off-road parking and loading facilities required by this By-law; and
d)
The location of all existing buildings, structures, wells, hydro services, and sewage
disposal systems on the lot; and
e)
A statement signed by the owner, disclosing the exact use proposed for each
aforesaid building, structure or use and giving all information necessary to
determine if such proposed or existing building, structure or use conforms to the
requirements of this
By-law.
4.1.2 No building permit shall be issued where the proposed building, structure or use would be
in violation of any of the provisions of this By-law.
4.1.3 In addition to all other requirements of the Corporation, every application for a building
permit shall be made in compliance with the Ontario Building Code Act, R.S.O. 1990, and
amendments thereto.
4.2
Inspection Of Premises
The Chief Building Official, By-law Enforcement Officer, or Zoning Administrator of the
Corporation, upon producing proper identification, may enter at all reasonable times to inspect
and examine any building or premises for which a permit or order has been issued and no
officer or person acting under his instruction shall enter any room or place used as a dwelling
unit without the consent of the owner or without a warrant issued pursuant to The Provincial
Offences Act.
4.3 Violations And Penalties
4.3.1 Pursuant to s.67 of the Planning Act, R.S.O. 1990, every person who contravenes any of the provisions
of this By-law is guilty of an offence and on conviction is liable,
i)
on a first conviction to a fine of not more than twenty-five thousand dollars
($25,000); and
ii)
on a subsequent conviction to a fine of not more than ten thousand dollars
($10,000) for each day or part thereof upon which the contravention has continued
after the day on which he was first convicted.
4.3.2 Pursuant to s.67 of the Planning Act, R.S.O. 1990, where a corporation contravenes any of
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
3
the provisions of this By-law, the maximum penalty that may be imposed is:
i)
on a first conviction a fine of not more than fifty thousand dollars ($50,000); and
ii)
on a subsequent conviction to a fine of not more than twenty-five thousand dollars
($25,000) for each day or part thereof upon which the contravention continued after
the day on which the Corporation was first convicted.
4.3.3. Every such fine shall be recoverable under the Provincial Offences Act, all the provisions of
which apply, except that any imprisonment shall be as provided in The Municipal Act.
4.4 Remedies
4.4.1. In case any building or structure is, or is proposed to be erected, altered, reconstructed, extended, or
enlarged, or any building or structure (or part thereof) is, or is proposed to be, used in contravention of
any requirement of this By-law, such contravention may be restrained by action at the insistence of any
citizen of the Corporation.
4.4.2. Where a person guilty of an offence under this By-law has been directed to remedy any
violation and is in default of doing any matter or thing required, such matter or thing shall be
done at the expense of such person.
4.4.3. Where a person has refused or neglected to reimburse the Corporation for the cost of such
work, thing or matter done, the same may be recovered by the Corporation by an action or
otherwise in such amount shall be added to the collectors roll and form a lien in a like manner
as municipal taxes.
4.4.4. Where any By-law of the municipality, passed under the authority of The Planning Act is
contravened and a conviction entered, in addition to any other remedy and any penalty
imposed by the By-law, the Court in which the conviction has been entered, and any court of
competent jurisdiction, thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person or persons convicted.
4.5
Validity
Should any section, clause or provision of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the By-law shall not be altered.
4.6
Licenses, Permits And Other By-Laws
Nothing in this By-law shall exempt any person from complying with the requirements of the
Building By-law or any other By-law in force with the Corporation or from obtaining any licence,
permission, permit, authority, or approval required by this or any other By-law of the Corporation
unless hereinafter specifically stated.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
4
4.7
Greater Restrictions Of Others To Govern
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a government
authority having jurisdiction to make such restrictions.
4.8
Health Approval
Where the issuance of a permit for a building or structure or change of use of an existing
building or structure may affect any sewage disposal system, either on the subject land or on
adjacent lands or any water supply, no building permit shall be issued for such building or
structure unless the building permit application is accompanied by approval in writing from the
Ministry of the Environment or approving agency for the proposed method of sewage disposal
and water supply.
4.9
Metric And Imperial Measurement
All measurement figures used in the By-law shall be metric measurement. The approximate
imperial equivalents to the metric measurements used in this By-law are shown in brackets
following each such metric measurement and are provided for information purposes only and do
not form part of this By-law.
4.10
Requests For Amendments
Every request for an amendment to this By-law shall be accompanied by three copies of an
"Application for Amendment" provided by and available from the Corporation of the County of
Bruce.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
5
Section 5 - Definitions
For the purposes of this By-law, the definitions and interpretations given in this section shall govern.
"Abattoir" means a building or structure designed to accommodate the penning and slaughtering of live
animals and the preliminary processing of animal carcasses and may include the packing, treating,
storing and sale of the product on the premises.
"Accessory" when used to describe a use, building or structure subordinate means a use, building or
structure, incidental and exclusively devoted to the principal use, building or structure located on the
same lot therewith and not designed or intended for human habitation unless specifically permitted
elsewhere in this By-law.
"Additional Residential Unit" shall mean a separate residential unit that is located within a detached
house, semi-detached house, or rowhouse, or within a building or structure that is ancillary to a
detached house, semi-detached house, or rowhouse.
"Administrative Building" means a building engaged in overall management and general supervisory
functions.
"Aerodrome" means any area of land, water (including frozen surface thereof) or other supporting
surface, used or designed, prepared, equipped or set apart for use either in whole or in part for the
arrival and departure, movement or servicing of aircraft and includes any buildings, installation and
equipment in connection therewith.
"Agricultural Use" means the use of land, buildings, and structures for the growing of field crops, berry
crops, tree crops, flower gardening, truck gardening; for nurseries, greenhouses and aviaries, apiaries;
farms for the grazing, breeding, boarding, training and raising of livestock and/or poultry; forestry and
reforestation; and includes the sale of such produce, crops, livestock or poultry on the same lot, and
may include a detached dwelling accessory to the above, but shall not include kennels. (Z-30-2009.68,
By-law 2009-87, F&E 13Oct09)
"Agricultural Use, Intensive" means the housing of livestock and associated manure facilities for 150
animal units or more, or 1.5 animal units per tillable acre.
"Agricultural Use, Specialized" means an intensive farm or land on which market gardening, orchards
or plant nursery provides the main occupation for the operator.
"Agriculture-related uses" shall mean those farm-related commercial and farm-related industrial uses
that are directly related to farm operations in the area, support agriculture, benefit from being in close
proximity to farm operations, and provide direct products and/or services to farm operations as a
primary activity
"Airport" means an aerodrome for which an airport licence has been issued by the Minister of the
Department of Transport.
"Airport Hanger" means a building or structure designed and used for the sheltering of aircraft.
"Airport Basic Strip" means the land area containing one or more runways plus additional graded land
on both sides and both ends of the runway or runways.
"Alter" when used in reference to a building or part thereof, means to change any one or more of the
internal or external dimensions of such building or to change the type of construction of the exterior
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
6
walls or roof thereof. When used in reference to a lot, the word "alter" means to decrease or increase
the width, depth, or area of any required yards setback, landscaped open space or parking area, to
change the location of any boundary of such lot with respect to a road or land, whether such alteration
is made by conveyance or alienation of any portion of said lot, or otherwise. The word "altered" and
"alteration" shall have a corresponding meaning.
"Arcade Establishment" means a building or structure, or part thereof, used for the provision of three or
more indoor entertainment and amusement activities such as coin operated machines, video machines,
devices and games of skill, exhibits and displays, including the sale of souvenirs, food and beverages,
but does not include premises licensed under the Liquor License Act.
"Amusement Ride" means a device, or a combination of devices designed or intended to entertain and
amuse people by physically moving them.
"Animal Unit" means the number of that kind of livestock or poultry as defined through provincial
guidelines and regulations.
"Assembly Hall" means a building or structure, or part of a building or structure used for the assembly of
persons, and without limiting the generality of the foregoing includes assembly for religious, charitable,
philanthropic, cultural, recreational or educational purposes.
"Attached" when used in reference to a building, means a building otherwise complete in itself which
depends for structural support or complete enclosure upon a division wall or division walls shared in
common with adjacent building or buildings.
"Automobile Gas Bar" means a lot, containing not more than eight fuel pumps and may include a
structure of not greater than 18.5 m2 (199 ft2) used for the sale of fuel to vehicles, but shall not include
any other automotive use defined in this By-law.
"Automobile Service Station" means a lot, building or structure, where such goods are sold and such
minor services are provided as are essential to the running operation of motor vehicles and may include
the selling of refreshments to the travelling public by way of vending machines, and may include a
coffee shop, but does not include a retail store, an automobile repair shop, the business of selling cars
or other vehicles, and does not include a mechanical or coin-operated car washing establishment
except that cars may be washed by the operator or an employee of the station with or without the aid of
semi-automatic equipment.
"Automobile Repair Establishment" means a building and/or lot used for the servicing, repair, cleaning,
polishing and greasing of motor vehicles and may include vehicular body repair and re-painting, but
shall not include any other automotive use defined in this By-law.
"Automobile Sales Establishment" means a building and/or lot used for the display and sale of new or
used motor vehicles and may include the servicing, repair, cleaning, polishing and greasing of motor
vehicles, the sale of automotive accessories and related products and the leasing or renting of motor
vehicles, but shall not include any other automotive use defined in this By-law.
"Automotive Wrecking Establishment" means a building and/or lot used for the wrecking or dismantling
of motor vehicles and for the storage and sale of scrap material, salvage and parts obtained there from,
as licensed by the Corporation, but does not include any other automotive use defined in this By-law.
"Bank Or Trust Company" means the use of land, buildings or structures for the purpose of depositing,
keeping, lending, or exchanging money, and other related financial services.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Barber Shop" means land, building or structure used for the purpose of cutting and trimming human
hair, shaving and trimming beards, and related services.
"Basement" means that portion of a building between two floor levels which is partly below finished
grade level, but which has at least fifty per cent of its height from finished floor to finished ceiling above
adjacent finished grade level for at least seventy-five (75) per cent of the building perimeter.
"Bed & Breakfast Establishment" means a detached dwelling, licensed by the corporation containing
not more than three rooms available for sleeping accommodation of the vacationing or travelling public
for not more than eight (8) persons in which breakfast shall be offered. A bed and breakfast
establishment shall not include a restaurant and the owner/operator must occupy said dwelling.
"Boathouse" shall mean a building or structure, or part thereof, primarily used for the storage of
private boats and equipment accessory to their use, which is an accessory use to a residential use.
"Boat Launching & Docking, Municipal" means the use of land owned and maintained by the
Corporation for the launching and docking of boats.
"Building" means any structure other than a fence being a permanent edifice fixed to, or supported by
the soil, and used or intended to be used for the shelter, accommodation or enclosure of persons,
animals or things.
"Building By-Law" means any "Building By-law" within the meaning of the Building Code Act, R.S.O.
1992.
"Building, Principal" or "Principal Structure" means the building or structure in which is conducted the
principal use of the lot on which it is situated.
"Building Setback" means the horizontal distance between a lot line and the nearest part of any building
or structure on the lot.
"Building Supply And Sales" means the use of land, building or structure for the sale, storage and/or
display of goods, merchandise or equipment used in building and construction.
"Bulk Sales Establishment" means the use of land, a structure or a building for the purposes of buying
and selling fuels, oil, wood, coal, nursery stock, but does not include manufacturing, assembling or
processing uses.
"Bulk Sales Establishment - Agricultural" means the use of land, structure or building for the purposes
of buying and selling agricultural products, nursery stock and/or garden supplies.
"Business Or Professional Office" means any building or part thereof in which one or more persons are
employed in the management, direction or conducting of an agency, business, brokerage, labour or
fraternal organization but shall not mean a health care clinic or veterinary clinic.
"Campground" means a lot used for not more than seven (7) months in any consecutive ten (10) month
period, for the parking and use of travel trailers, tent-trailers, tents or similar transportable
accommodation together with all yards and open space defined in this By-law but shall not include a
mobile home park as defined in this By-law. Where licensed by the Corporation, a campground may
include the off-season storage of travel trailers, tent-trailers or similar transportable accommodation.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Campground Plot" means a parcel of land within a campground intended for occupancy by travel
trailers, tents, camp trailers and similar recreation vehicles together with all yards and open space
defined in this By-law but shall not include a mobile home lot or plot.
"Canopy" means a roof free of enclosing walls over an entrance to a building, structure or gasoline
pump island.
"Carport" means a covered structure attached to the wall of a building and used for the storage of
passenger motor vehicles. The roof of said structure shall be supported only by piers or columns so
that a portion of its wall area is unenclosed.
"Car Wash" means a building or structure, or lot or part thereof used for the washing and cleaning of
motor vehicles and shall not include any other automotive use defined in this By-law. This shall not
include any other automobile use defined in this By-law.
"Car Wash, Closed Loop" means a building or structure or lot or part thereof used for the washing and
cleaning of motor vehicles. A "car wash, closed loop" uses water recycling technology such that no
wastewater or effluent is disposed of to the ground. "Car Wash, Closed Loop" shall not include any
other automotive or automobile use defined in this By-law. (Myles, OMB PL021153)
"Cellar" means that portion of a building that has more than fifty percent of its height from finished floor
to finished ceiling below adjacent finished grade level for at least seventy-five percent (75%) of the
building perimeter.
"Cemetery" means a cemetery or columbarium within the meaning of the Cemeteries Act of Ontario.
"Centre Line means the centre line of any road, roadway, or lane.
"Chief Building Official" means the officer or employee of the Corporation for the time being charged
with the duty of enforcing the provisions of the Building By-law and zoning by-law of the Corporation
and the Building Code.
"Church" means any building dedicated to religious worship and may include a church hall, church
auditorium, Sunday school, convent, monastery, parish hall or synagogue.
"Clinic, Health Care" or "Health Care Clinic" means a building in which two (2) or more rooms are used
by people in the health care professions and their staff for the purpose of consultation, diagnosis and
office treatment of human patients, but does not include a hospital. Without limiting the generality of
the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic.
"Clinic, Veterinary" or "Veterinary Clinic" means a building in which two (2) or more rooms are used by
a veterinary surgeon for the treatment of diseases and injuries of domestic and other animals. Without
limiting the generality of the foregoing, a veterinary clinic may include administrative offices, waiting
rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated with the clinic.
"Club, Private" or "Private Club" means a building or part of a building or lot used as a meeting place for
members of a chartered organization.
"Columbarium" shall mean a structure designated for interring cremated human remains in
sealed compartments known as a niche.
"Commercial College Or School" means a commercial establishment which provides instruction in any
subject for profit or gain; and, without limiting the generality of the foregoing, includes a secretarial
college or school, a dance school or studio, a school of music, a modelling school, a charm or finishing
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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school, a ceramics or other crafts school or studio, but does not include a public school, separate
school or private school as defined in The Education Act or a day nursery, as defined in this By-Law.
"Commercial Motor Vehicle" means a motor vehicle having permanently attached thereto a truck or
delivery body and includes ambulances, hearses, casket wagons, fire apparatus, police patrols, motor
buses, motorized construction vehicle and commercial tractors used for hauling purposes on the
highways.
"Commercial Wind Energy Turbine" means a structure designed to convert wind to useable energy for
the purpose of inclusion into the electrical grid system.
"Commercial Use" means the use of any land, building or structure for the purpose of offices or retail
buying or selling of commodities and services, but does not include use for warehousing, wholesaling,
manufacturing or assembling of goods.
"Conservation Area" means an area of land owned by a public authority and managed for the purposes
of preserving and improving the natural features of the environment.
"Construction Trailer" means a building or structure that is designed to be made mobile and drawn by a
separate vehicle, and is used for the purpose of storage, administration and or temporary
accommodation provided work is in progress and a valid building permit is in effect for the work being
undertaken for a period not exceeding two years from the date of issuance of the building permit.
"Convenience Store" means a retail establishment that provides its immediate vicinity with incidental
items of household necessity.
"Contractor's Yard - Contracting Business" means a place, building or structure where were contracting
equipment and building material are stored, and may include office space as an accessory use, but
shall not include retail sales.
"Corporation" means the Corporation of the Municipality of Northern Bruce Peninsula.
"Council" means the Municipal Council of the Corporation.
"County" means the Corporation of the County of Bruce.
"Court" means with respect to a motel or hotel, an open area bounded on all sides by buildings and
used for such uses as a passive recreational area, swimming pool and deck, and children's play area.
"Crematorium" means a building fitted with the proper appliances for the purposes of the cremation of
human remains and includes everything incidental or ancillary thereto.
"Day Nursery" means a place that receives for temporary custody for a continuous period not
exceeding twenty-four (24) hours, more than five (5) children under ten (10) years of age not of
common parentage, and that is not; (a) part of a public school under The Public Schools Act, (b) part of
a private school registered under The Department of Education Act, or (c) a children's mental health
centre under The Children's Mental Health Centres Act.
"Delicatessen" means an establishment where sandwiches and prepared meats, breads, preserved
eggs and produce are available for sale and/or consumption on the premises or for take-out.
"Dock" shall mean an accessory structure built at or anchored over water at which watercraft can be
berthed or secured to, which can be used for the purposes of swimming, fishing and sunbathing and
which may provide a foundation for a boathouse. For the purposes of this by-law, boat lifts,
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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boat/swim ramps and swim rafts are considered associated and/or similar uses which are subject to
"dock" zoning provisions.
"Dormitory" means a building or part of a building operated by an institution and containing a room or
rooms forming one or more habitable units which are used or intended to be used by residents of the
institution for living and sleeping, but not for cooking.
"Driveway" means a vehicular passageway having at least one end thereof connected to a public
thoroughfare and providing ingress to and/or egress from a lot.
"Drive-In Theatre" means a place of public assembly intended for the screening and viewing of motion
pictures by customers seated in motor vehicles parked therein.
"Dry Cleaning Establishment" means an establishment for the collection and dry cleaning of clothing.
"Dwelling" means a building occupied or capable of being occupied exclusively as a home, residence or
sleeping place by one or more persons, and one or more families, but shall not include any mobile home,
construction trailer, travel trailer, hotels, motels, a home for the aged, nursing home, hospital, or living
quarters for a caretaker, watchman or other person or persons using living quarters which are accessory to
a Non-Residential building.
i)
"Accessory Detached Dwelling" means a detached dwelling subordinate and incidental
to the principal use, building or structure located on the same lot therewith.
ii)
"Apartment Dwelling" means a building consisting of three (3) or more dwelling units,
which units have a common entrance from road level and the occupants of which
obtain access to their dwelling units through common halls.
iii) "Converted Dwelling" means a building on a lot originally designed, intended and used
as a one-family dwelling which has been lawfully altered or converted so as to provide
two (2) or more dwelling units, none of which is located in the cellar.
iv) "Cottage Dwelling" means a detached building, which may be occupied on a seasonal
basis, used for and containing only one dwelling unit, which is designed and/or
constructed for year-round human habitation.
v) "Detached Dwelling" means a separate building designed for and containing only one
dwelling unit and constructed for year-round human habitation.
vi) "Duplex Dwelling" means a building that is divided horizontally into two separate
dwelling units, each of which has an independent entrance either directly from the
outside or through a common vestibule.
vii) "Fourplex Dwelling" means a building which consists of two (2) attached duplex
dwellings, or a building containing only two storeys exclusive of basement, divided
vertically into four (4) dwelling units with either one or two complete walls in common
with adjoining units and an independent entrance, either directly or through a common
vestibule.
viii) "Semi-Detached Dwelling" means one of a pair of attached single dwelling units
constructed for permanent use with a common party wall dividing the pair of dwelling
units vertically for the full height of the building, each of which has an independent
entrance.
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ix) "Townhouse Dwelling" means 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, or a front and side
yard in the case of a dwelling unit located at the end of the townhouse building.
x) "Triplex Dwelling" means a building that is divided horizontally or vertically into three (3)
separate dwelling units each of which has an independent entrance, either directly or
through a common vestibule.
"Dwelling Unit" means a suite of two (2) or more habitable rooms, occupied by one or more persons, in
which sanitary conveniences are provided and in which facilities are provided for cooking or for the
installation of cooking equipment, and with an independent entrance, either directly from outside the
building or from a common corridor inside the building.
(a)
"Accessory Dwelling Unit" means a dwelling unit that is part of a permitted Non-
Residential Use.
(b)
"Bachelor Dwelling Unit" means a dwelling unit consisting of one bathroom and not
more than two (2) habitable rooms designed to provide living, dining and kitchen
accommodation in appropriate individual rooms or combination of rooms.
"Dwelling Unit Floor Area" means the habitable area contained within the inside walls of a dwelling unit,
excluding any private garage, carport, porch, veranda, unfinished attic, cellar, or sunroom designed for
summer use only, and excluding common hallways, common stairways or other common areas and
the thickness of exterior walls.
"Eating Establishments"
(a)
"Restaurant" means a building or structure, or part thereof used to prepare food and
offer for sale and sell food for immediate consumption within the building or
structure, or adjacent patio or deck and may include an accessory take-out service.
(b)
"Drive-In Restaurant" means a building or structure or part thereof where food is
prepared and offered for sale to the public for consumption within or outside the
building or structure.
(c)
"Take-Out Restaurant" means a building or structure or part thereof where food is
prepared and offered for sale to the public to be taken out and/or delivered, for the
consumption off or on the premises.
(d)
"Portable Food Outlet" means a trailer, tent or vehicle that is designed to be made
mobile, from which food is prepared and offered for sale to the public for
consumption outside. A Portable Food Outlet may only be permitted as an
accessory use to a public event held on municipal lands for a period of time not
exceeding seven consecutive days.
(e)
"Food Truck" shall mean any vehicle, trailer, tent cart or other structure designed to be
made mobile and not placed on a foundation and is equipped for the storage,
preparation, and sale of food, beverages, and confections and where such items are
offered for sale directly to the public for consumption outside and includes chip wagons,
mobile canteens, and any other similar mobile refreshment vehicle. Where stated as a
permitted use a Food Truck may only be permitted as an accessory use to the
principal use on a commercially zoned property.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Erect" when used in this By-law includes building, construction, reconstruction and relocation and,
without limiting the generality of the word, also includes:
(a)
altering any existing building or structure by an addition, enlargement, extension or
other structural change; and
(b)
any work for the doing of which a building permit is required under The Ontario
Building Code.
"Erected" and "Erection" shall have a corresponding meaning.
"Existing" unless otherwise indicated, means existing on the date of passing of this By-law. A
substandard lot that does not comply with the minimum lot area and/or frontage requirements of this by-
law may be increased in area and/or frontage and still be considered an existing lot for the purposes of
this by-law.
"External Design" means the arrangement and/or pattern of materials forming the exterior of a building
or structure.
"Family" means an individual, or two or more persons inter-related by blood, marriage or legal adoption
arrangement, or a group of unrelated persons living together as a single house-keeping unit, and includes
non-paying guests, domestic servants, or not more than three of any combination of roomers or boarders.
"Farm Implement Establishment" means a retail establishment which deals in the sale of new and/or
used agricultural machinery and may include the servicing of such machinery and farm vehicles as a
secondary use but does not include the sale of new and/or used automotive vehicles or supplies.
"Farm Implement Repair Establishment" means a building and/or lot used for the servicing, repair,
cleaning, polishing and greasing of farm implements and may include body repair and re-painting.
"Farmers Market" means a lot, building or structure where food and farm related products are sold at
retail from either open-air area designated for individual retailers or within designated buildings or
structures and may include the sale of arts and crafts as an ancillary use. (Z-30-2009.68, By-law 2009-
87, F&E 13Oct09)
"Floor Area, Gross" means the sum of the horizontal areas of each floor, whether any such floor is
above or below grade, measured between the exterior faces of the exterior walls of the building or
structure at the level of each floor, but shall not include areas used for the parking of motor vehicles.
"Floor Area, Ground" or "Ground Floor Area" means the maximum area of a building measured to the
outside walls at grade, excluding in the case of a dwelling house, any private garage, carport, porch,
veranda, or sunroom (unless such sunroom is habitable at all seasons of the year).
"Floor Area, Habitable" or "Habitable Floor Area" means the total of the floor areas of all storeys
contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch,
veranda, cellar, unfinished attic, unfinished basement, and excluding public or common halls or
stairways.
"Flour Mill" means an establishment where the preparations of grains are made into flour. A flour mill
may include the sale of flour and grains as an accessory use as a wholesale establishment.
"Forestry" means the management and care of trees and the harvesting of them or parts thereof for
commercial purposes through proper forest management practices, and without limiting the generality
of the foregoing includes the use of a portable sawmill provided the raw material being milled originate
on the same parcel of land the mill is operating.
"Fuel Storage" means a building or structure, or depot designed and used exclusively as a storage
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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facility for combustible liquids.
"Funeral Home" means a commercial use for the purpose of furnishing funeral supplies and services to
the public and includes facilities for the preparation of dead human bodies for interment or cremation.
"Furniture And Appliance Sales" means an establishment for the sale of furniture and household
appliances.
"Garage, Private" or "Private Garage" means a detached accessory building or portion of a dwelling
designed and used for the sheltering of private motor vehicles, travel trailers, boats, and the storage of
household equipment incidental to the residential occupancy and in which no business, occupation or
service is conducted, except as otherwise specifically permitted by this by-law.
"Garage, Public" or "Public Garage" means a municipal, county, or provincial facility used for the
storage and servicing of road construction and maintenance equipment and materials.
"Garden Centre" means the use of land, buildings, or structures where trees, shrubs, plants are grown
or stored for the purpose of transplanting or for the purpose of retail sale or wholesale, and may include
the sale of soil, planting materials, fertilizers or similar materials, lawn and garden equipment or lawn
furnishings. (Z-30-2009.68, By-law 2009-87, F&E 13Oct09)
"Garden Suite" shall mean a detached residential building containing one dwelling unit that is accessory to
a principal residential building and that is designed to be portable and provide year-round living
accommodations in accordance with the garden suite provisions of the Planning Act.
"General Store" means a retail establishment that deals primarily in goods required by the residents of
the immediate vicinity to meet their day-to-day household and shopping needs.
"Golf Course" means a public or private area operated for the purpose of playing golf and may include
a driving range, miniature golf course, clubhouse and restaurant if located on the same property,
accessory to the golf course facility provided such facility contains a minimum of nine holes.
"Government Office" means the use of land, buildings or structures for a municipal office, courthouse,
registry office, health and welfare centre, employment office, post office, or other office use for the
purpose of local or other government administration.
"Grade" when used with reference to a building or structure, means the average finished ground elevation
immediately adjoining the wall or walls in question or the base of the structure exclusive of any artificial
embankment. When used with reference to a road, 'Grade' means the finished elevation of such road, road
or highway as established by the Corporation or other authority having jurisdiction.
"Greenhouse" means a building for the growing of vegetables, fruit, flowers, plants, shrubs, trees and
similar vegetation and which includes the sale of those produces directly from such building at
wholesale or retail. (Z-30-2009.68, By-law 2009-87, F&E 13Oct09)
"Grocery Store" means an establishment for the sale of food. Accessory uses may include
delicatessen, butcher shop and other similar food services.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Group Home" means a single housekeeping unit in a residential dwelling in which three (3) to ten (10)
residents live as a family under responsible supervision consistent with the requirements of its
residents. "Residents" do not include staff or the receiving family. A group home is licensed and/or
funded under Federal or Provincial Statute and in compliance with Municipal By-laws.
"Guest Cabin", "Private Guest Cabin" means an accessory detached building or structure to a
maximum of one storey in height without kitchen facilities and maintained for the accommodation of
non-paying guests having a maximum ground floor area of 23.2 m2 (249.7 ft2).
"Guest Room" means a room or suite of rooms that contain no facilities for cooking or for the
installation of cooking equipment and which is used or designed for gain or profit by providing
accommodation to the travelling or vacationing public.
"Health Care Clinic" means building or structure where health services, as generally defined, are
provided. A health care clinic may include a pharmacy.
"Height" when used with reference to a building or structure means the vertical distance between the
average grade at the front of such building or structure to the highest point therein exclusive of any
ornamental dome, chimney, tower, cupola, steeple, church spire, water storage tank, electrical
apparatus, television or radio antenna, or structure for the mechanical equipment required for the
operation of such building or structure. Without limiting the generality of the foregoing, the highest point
shall be taken as:
(a)
in the case of a flat roof, the highest point of the roof surface or parapet, whichever
is the greater;
(b)
in the case of a mansard roof, the deck roof line;
(c)
in the case of a gable, hip or gambrel roof, the mean heights between the eaves
and the ridge.
Where the height is designated in terms of storeys, it means the designated number of storeys above
and including the first storey.
"Home For The Aged" or "Rest Home" means a 'home for the aged' as defined under The Homes for
the Aged and Rest Homes Act, R.S.O. 1990, as amended.
"Home Based Business" means, unless stated to the contrary, any occupation which is conducted for
gain or profit within a dwelling unit.
"Hospital" means a hospital as defined under The Public Hospitals Act, R.S.O. 1990, or under The
Private Hospitals Act, R.S.O. 1990, as amended.
"Hotel" means any hotel, tavern, inn, or public house in one main building or in two or more buildings
used mainly for the purposes of catering to the needs of the travelling public by supplying food and
furnishing sleeping accommodation of not less than ten guest rooms and includes all premises licensed
under The Liquor License Act and permanent staff accommodation but does not include any other
establishment otherwise defined or classified in this By-law.
"Industrial Use" means the use of any land, building or structure for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing,
warehousing, storing or adapting for sale any goods, substance, article or thing, or any part thereof,
and the storage of building or construction equipment and materials, as distinguished from the buying
and selling of commodities and the supplying of personal services.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Industry, Non-Effluent Producing" or "Non-Effluent Producing Industry" means an industrial use which
does not utilize process waters, and which does not produce waste waters during the manufacturing
process.
"Kennel" means a place where dogs or other household pets other than poultry are bred and raised
and/or sold or kept for sale or boarded.
"Landscaped Open Space" means the open unobstructed space on a lot accessible from the road on
which the lot is located and which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and includes any surfaced walk, patio, planting area, or similar area but does not
include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any
open space beneath or within any building or structure.
"Lane" means a public or private access not more than 9 m (29.5 ft) in width, which affords access to
abutting property.
"Laundromat" means a building or part of a building used for the purpose of receiving articles or goods
of fabric or leather and subjecting such articles or goods to a cleaning and drying process.
"Laundromat, Coin-Operated" means a building or structure where the service of coin-operated laundry
machines, using only water, detergents and additives are made available to the public for the purpose
of laundry cleaning
"Library" means a library or branch library to which the provisions of The Public Libraries Act, R.S.O.
1990, apply.
"Livestock Housing Capacity" means the total maximum number of livestock that can be
accommodated in a livestock facility at any one time.
"Livestock Unit" means the equivalent values for various types of animals and poultry based upon
manure production and production cycles.
"Loading Space" means an off-road space on the same lot as the building, or contiguous to a group of
buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or
materials, and which is accessible to a road, lane, or other appropriate means of access.
"Lodge" means one main building and/or two or more buildings used primarily for the purpose of
catering to the needs of the tourist and travelling public by supplying furnishings, sleeping
accommodations, recreation and leisure facilities, staff accommodations and which may additionally
include eating facilities.
"Lot"
(i) means a parcel of land or contiguous parcels of land under one ownership, and which
is described in a deed or other document legally capable of conveying an interest in
land and which deed is on record in the Registry Office or Land Titles Office for the
Bruce Registry Division; or
(ii) means a parcel of land shown as a lot or block on a Registered Plan of Subdivision, but
a Registered Plan of Subdivision for the purposes of this paragraph does not include a
Registered Plan of Subdivision which has been deemed not to be a Registered Plan of
Subdivision under a By-law passed pursuant to Section 50(4) of The Planning Act, or a
predecessor thereof.
"Lot, Backlot" "Backlot" means a lot not having frontage onto Lake Huron or Georgian Bay or navigable
waterway.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Lot, Waterfront", "Waterfront Lot" means a lot having direct frontage onto Lake Huron or Georgian Bay,
or a lot fronting onto a navigable waterway. For the purposes of this by-law a lot located adjacent to a
shore road allowance shall be considered a waterfront lot.
"Lot Area" means the total horizontal area within the lot lines of a lot, excluding the horizontal area of
such lot covered by water, or between the rim of the banks of a river or watercourse, provided that and
except as otherwise provided only the lot area lying within the zone in which a proposed use is
permitted may be used in calculating the minimum lot area under the provisions of this By-law for such
permitted use. In the case of corner lots having a road line rounding of a radius six metres (6 m) (19.6
ft) or less, the lot area of such lot shall be calculated as if the lot lines were produced to their point of
intersection.
"Lot, Corner" or "Corner Lot" means a lot situated at the intersection of two or more roads or two parts
of the same road of which the two adjacent sides upon the road line or road lines include an angle of
not more than one hundred and thirty-five (135) degrees and where such adjacent sides shall be
deemed to be the angle formed by the intersection of the tangents of the road lines drawn through the
extremities of the interior lot lines.
"Lot Coverage" means that percentage of the total lot area covered by buildings or structures, including
accessory buildings or structures, above finished grade level.
"Lot Depth" means the horizontal distance between the front and rear lot lines. If the front and rear lot
lines are not parallel, "lot depth" means the length of a straight line joining the middle of the front lot line
with the middle of the rear lot line. Where there is no rear lot line, "lot depth" means the length of a
straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot
lines.
"Lot Frontage" means the horizontal distance adjacent to a road and/or lane measured between the
side lot lines.
"Lot, Interior" or "Interior Lot" means a lot other than a corner lot and having frontage on one road and
/or lane only.
"Lot Line" means any boundary of a lot.
"Lot Line, Front" or "Front Lot Line" in the case of an interior lot, means the line dividing the lot from the
road. In the case of a corner lot, the shorter lot line abutting a road shall be deemed the front lot line
and the longer lot line abutting a road shall be deemed a side lot line. In the case of a through lot two
front lot lines shall exist. Where the lot does not abut a road, the front lot line" shall be determined to be
the boundary of the lot closest to the road from which access to the lot is gained.
"Lot Line, Rear" or "Rear Lot Line" means the lot line farthest from and opposite to the front lot line in
the case of a lot having four (4) or more lot lines. If a lot has less than four (4) lot lines, there shall be
deemed to be no rear lot line.
"Lot Line, Side" or "Side Lot Line" means any lot line other than a front lot line or rear lot line.
"Lot, Through" or "Through Lot" means a lot bounded on two opposite sides by roads but does not
include a corner lot.
"Lumber Yard" means the use of land, buildings or structures for the storage and sale of wood products
used in the construction industry.
"Machine Shop" means a non-effluent producing industrial use
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"Marina" means a building, structure or place, containing docking facilities and located on a navigable
waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where
facilities for the sale of marine fuels and lubricants may be provided. A marina building or structure
used for the storage, repair and sales of boats does not have to be located on a navigable waterway.
"Medical Clinic" means a building or structure where health services, as generally defined, are
provided. A medical clinic may include a pharmacy.
"Merchandise And Small Engine Repair Establishment" means a building and/or lot used for the
servicing, repair, cleaning, polishing and greasing of merchandise and small engines.
"Miniature Golf Course" means an area of land, building or structure or part thereof operated as a
commercial enterprise in which facilities are provided to simulate the game of golf or any aspect of the
game of golf on a small scale, but shall not include a driving range.
"Mini-Storage Unit" means any commercial or industrial building or structure where things may be
stored for a price.
"Mobile Home" means any dwelling unit that is designed to be made mobile and constructed or
manufactured to provide a permanent residence for one or more persons but does not include a
travel trailer or tent trailer or trailer otherwise designed. A mobile home shall be distinguished from
other forms of prefabricated transportable housing by reason of a design which is in accordance with
Regulation Z-240.2.1-1979 of the Canadian Standards Association, as amended from time to time.
"Motel" means one or more buildings used primarily for the purpose of catering to the travelling public
by furnishing temporary or transient sleeping accommodation in rooms having independent entrances
to a front or rear yard. A motel may include permanent staff quarters, an accessory restaurant, or
sleeping and housekeeping units, but does not include any other establishments otherwise defined or
classified in this By-law.
For the purposes of this Section, a
(a)
"Housekeeping Unit" means a unit for the overnight accommodation of the travelling
public that may include sanitary and food preparation facilities.
(b)
"Sleeping Unit" means a unit for the overnight accommodation of the travelling
public but does not include food preparation facilities.
"Motor Home" means a self-propelled dwelling unit.
"Motor Vehicle" means an automobile, truck, motorcycle and any other vehicle propelled or driven
otherwise than by muscular power but does not include cars of electric or steam railways or other motor
vehicles running only upon rails.
"Municipal Drain" means drainage works as defined by The Drainage Act, as amended from time to
time.
"Museum" means a public museum within the meaning of The Mortmain and Charitable Uses Act,
R.S.O. 1990, as amended from time to time.
"Non-Conforming Use" means a use of land, building or structure for purposes not permitted by this By-
law.
"Non-Complying Use" means a permitted use of land, building or structure which is permitted by this
by-law, but which does not comply with a provision or provisions of this by-law.
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"Non-Residential" means designed, intended, or used for a purpose other than a dwelling or dwelling
unit.
"Nursery" means land used for the growing of sod, flowers, bushes, trees or other gardening,
landscaping or orchard stock for wholesale or retail sale. (Z-30-2009.68, By-law 2009-87, F&E
13Oct09)
"Nursing Home" as defined in the Nursing Homes Act, R.S.O., 1990, as amended, means any premises
maintained and operated for persons requiring nursing care or in which such care is provided to two or
more unrelated persons, but does not include any premises falling under the jurisdiction of the Homes
for the Aged and Rest Homes Act, R.S.O., 1990, the Private Hospitals Act, R.S.O., 1990 or the Public
Hospitals Act, R.S.O., 1990, as amended.
"Office" means a room or suite of rooms designed, intended, or used for the conduct of a profession,
occupation, or business, but shall not include the office of a veterinarian, the retailing of merchandise,
the manufacturing, repairing, or storage of goods or any place of assembly or amusement.
"On-farm diversified use" shall mean uses that are secondary to the principal agricultural use
of the property and are limited in area. On-farm diversified uses include, but are not limited
to, home occupations, home industries, agritourism uses, and uses that produce value
added agricultural products. Ground-mounted solar facilities are permitted in prime
agricultural areas, including specialty crop areas, only as on-farm diversified uses.
"Open Storage" means the storage of goods, merchandise, or equipment in the open air and in
unenclosed portions of buildings which are open to the air on the sides.
"Park, Public" means an area of land owned by a public authority which may contain playground or play
fields, one or more athletic fields, field houses, bleachers, swimming pools, wading pools, greenhouses,
bandstands, skating rinks, tennis or badminton courts, bowling greens, fairgrounds, or similar uses.
"Park, Private" means an area of land not owned by a public authority which may contain playground or
play fields, one or more athletic fields, field houses, bleachers, swimming pools, wading pools,
greenhouses, bandstands, skating rinks, tennis or badminton courts, bowling greens, fairgrounds, or
similar uses.
"Parking Area" means an area provided for the parking of motor vehicles and includes aisles, parking
spaces and related ingress and egress lanes but shall not include any part of a public road.
"Parking Space" means a space enclosed in a principal or accessory building or unenclosed, that is
available for the parking of a motor vehicle, and which is accessible from a road or lane.
"Parking Lot" means any commercial parking area other than a parking area required under the
provisions of this By-law.
"Parking Space, Angle" means a parking space which is accessed from an aisle or driveway, and which
permits the entry or exit from said parking space without the need to travel over any other parking
space.
"Parking Space, Parallel" means a parking space that is accessed from an aisle, road or driveway that
is beside and runs the same direction as the aisle, road, or driveway.
"Parking Space, Stacked" means a parking space which is only accessed by travelling over another or
other parking spaces.
"Person" means any human being, association, firm or partnership, incorporated company, corporation,
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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agent or trustee, and the heirs, executors, or other legal representatives of a person to whom the
context can apply according to law.
"Personal Service Establishment" means a building or part thereof in which services are provided and
administered to the individual and personal needs of persons and without limiting the generality of the
foregoing shall include a barber shop, hairdresser, shoe repair shop, a tailor, a photographic studio,
fitness club, spa, or other similar use.
"Pit" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, other material is being or
has been removed by means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside pit. For the purposes of this By-law, a pit must
be licensed pursuant to the Aggregate Resources Act R.S.O. 1990, as amended, or succeeded.
"Place Of Entertainment" means a motion picture or other theatre, arena, auditorium, public hall, billiard
or pool room, bowling alley, ice- or roller-skating rink but does not include any place of entertainment or
amusement otherwise defined or classified in this By-law.
"Planting Area" means an area used for no other purpose than planting a hedgerow or screen of shrubs
and/or evergreen trees located immediately adjacent to the lot line or portion thereof along which a
planting area is required by this By-law. The remainder of the ground surface of any required planting
area shall be planted with any combination of shrubs, flowerbeds, or grass.
"Portable Asphalt Plant" means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt-paving material and includes stockpiling and
storage of bulk materials used in the process. A portable asphalt plant is not of permanent
construction but is designed to be dismantled and moved to another location as required.
"Post Office" means any government run establishment where the primary use is for the collection and
distribution of parcels. A post office may include the sales of stamps, packaging materials and other
items necessary for the postal system to operate.
"Principal" when used to describe a use, building or structure, means a use, building or structure, one
to which any other is subordinate and constitutes the main use of a lot therewith.
"Printing Establishment" means a business that furnishes a service of printing or for the publication of
periodical or otherwise written material.
"Public Use" means any use, building or structure owned or leased by a municipal corporation, the
County of Bruce, any local board, or commission of either the Corporation or the County, any
Conservation Authority, any Ministry or Commission of the Province of Ontario or the Government of
Canada, and in which government activities are conducted.
"Utility" means any water works, gas works, electric heat, light or power works, cable T.V., telegraph
and telephone lines and works for the transmission of gas, oil, water or electrical power or energy, or
any similar works supplying the general public with necessary services or conveniences.
"Quarry" means a place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but does not
include a wayside quarry. For the purposes of this By-law, a quarry must be licensed pursuant to the
Aggregate Resources Act R.S.O. 1990, as amended, or succeeded.
"Recycling Depot" means a building, structure or lot used for temporary storage of recyclable materials
and does not include a building or structure where materials are recycled.
"Recycling Plant" means a facility that is not a salvage yard and in which recoverable resources, such
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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as newspapers, magazines, books, and other paper products, glass, metal cans, and other products
are recycled, reprocessed and treated to return such products to a condition in which they may be used
for production.
"Retail Floor Area" means the aggregate of the areas of all rooms where goods and services are made
available for sale but shall not include storage areas or other commercial uses.
"Retail Store" means a building or part of a building in which goods, wares, merchandise, substances,
articles, or things are offered or kept for sale at retail but does not include any establishment otherwise
defined or classified in this By-law.
"Riding Club" means an establishment where horses and ponies are boarded and cared for, where
instruction in riding, jumping, and showing may be offered, or where the general public, for a fee, may
hire horses or ponies for riding.
"Road" means a public highway that affords the principal means of access to abutting lots but does not
include a public lane or a private right-of-way.
"Road, Improved" or "Improved Road" means a public road that has been assumed by the Ministry of
Transportation, the County of Bruce or by the Corporation as a public highway and has been
constructed in such a manner so as to permit its use by vehicular traffic.
"Road Line" means the dividing line between a lot and a road.
"Rural Residential Cluster" means four or more adjacent non-farm residential lots sharing a common
boundary. Lots located directly across the road from one another shall be considered as having a
common boundary.
"Salvage Yard" means an establishment licensed by the corporation where goods, wares,
merchandise, articles, or things are processed for further use, and where such goods, wares,
merchandise, articles or things are stored wholly or partly in the open and includes a junk or scrap
metal yard and an automotive wrecking establishment.
"Sawmill" means a building, structure, or area where timber is cut or sawed, either to finished lumber or
as an intermediary step.
Secondary Dwelling Unit means an additional attached dwelling unit intended to provide alternate forms
of housing for seniors/retirees or individuals largely dependent upon others for their day-to-day care.
(By-law 2009-87, F&E 13Oct09)
"Portable Sawmill" means a trailer, or vehicle that is designed to be made mobile from which is used for
the cutting and sawing of timber, either to finished lumber or as an intermediary step.
"School" means a school under the jurisdiction of a Board as defined in The Education Act.
"School Bus" means a vehicle for transporting persons to or from school as defined in the Highway
Traffic Act, R.S.O. 1990.
"School Bus Storage" includes a lot and/or premises for the storage of school buses.
"Service Establishment" means a building or part thereof in which business services are provided for
individuals or businesses.
"Setback" means the shortest horizontal distance from a specified lot line to the nearest permitted part
of any building or structure on a lot.
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"Sewage":
(a)
"Communal Sewage Disposal System" means a system of underground conduits
operated privately, which takes sewage to a place of treatment that meets with the
approval of the Corporation and the Ministry of the Environment.
(b)
"Privy" means a Class I System as defined by regulations made under The
Environmental Protection Act, R.S.O. 1990.
(c)
"Sanitary Sewer" or "Municipal Sewer" means a system of underground conduits,
operated by a municipal corporation or by the Ministry of the Environment which
carries sewage to a place of treatment which meets with the approval of the
Ministry of the Environment.
(d)
"Sewage Disposal System" means a Class 4 or Class 6 system as defined by
regulations made under The Environmental Protection Act, R.S.O. 1990.
(e)
"Sewage Treatment Works" means a facility that meets the approval of the Ministry
of the Environment used for treatment of domestic and/or industrial sewage.
"Shipping Containers" shall mean a prefabricated metal container having a floor, ceiling or roof,
walls, and door(s) designed for and used in the storage, packing or transport of freight, articles,
goods, non-toxic materials, or commodities by ship, rail, or truck. For the purpose of this definition,
a shipping container does not have wheels and does not include a motor or transport trailer. For the
purposes of this By-law, a shipping container shall be deemed to be an accessory building when
permanently located on a lot and shall not be used for human habitation. (HSKP #4, 2022-47)
"Shopping Centre" means a group of non-residential uses predominantly retail commercial in nature
and designed, developed and managed as a unit by a single owner or tenant, or group of owners or
tenants.
"Short Term Accommodation" shall mean a private residential dwelling that is rented to provide
accommodations to a person or persons on a temporary basis for a period of less than 30 days and to
which the Residential Tenancies Act, 2006, 5.0. 2006, c.17, as may be amended from time to time,
does not apply. Short-Term Accommodations do not include bed and breakfast establishments, hotels,
motels, lodges, or other commercially zoned accommodation uses for the travelling public. See related
By-law 2021-84 for further details related to this use.
"Site Plan" means a scale drawing prepared to illustrate the relation between the lot lines and the uses,
buildings, or structures existing or proposed on a lot, including such details as parking areas, walkways,
landscaped areas, lighting, building areas, minimum yards, floor areas, easements, drainage contours,
and areas for special uses.
"Sight Visibility Triangle" means the triangular space formed by the road lines of a corner lot and a line
drawn from a point in one road line to a point in the other road line, each such point being measured 10
m (32.8 ft) from the point of intersection of the road lines (measured along the road lines) in the case of
municipal roads. In the case of the intersection of a municipal road and a Provincial or County Road,
such point shall be measured 30 m (98 ft) from the point of intersection of the road lines. Where two
road lines do not intersect at a point, the point of intersection of the road lines shall be deemed to be
the intersection of the projection of the road lines or the intersection of the tangents to the road lines.
"Snowmobile Repair Establishment" means a building and/or lot used for the servicing, repair, cleaning,
polishing and greasing of snowmobiles and may include body repair and re-painting.
"Sod Farm" means the use of land for the purpose of eventual removal of such grasses, and the soil
that supports them, for any retail or wholesale commercial purposes.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Specialty Shop" means a retail store in which thematic items are offered for sale or trade.
"Storey" means that portion of a building which is situated between the surface of any floor and the
surface of the floor next above and directly over it and, if there is no floor above it, that portion between
the surface of any floor and the ceiling above it. A 'Storey' includes an attic having a height of more
than 2 m (6.5 ft) for at least 2/3 (two-thirds) of the area of the floor next below ground if the ceiling of
such part is 2 m (6.5 ft) or more above finished grade.
"Storey, Half" or "Half Storey" means that portion of a building within a sloping roof having a height of
more than 2 m (6.5 ft) for at least one-half (1/2) but less than two-thirds (2/3) of the area of the floor
next below.
"Structure" means anything constructed or erected, the use of which requires location on the ground, or
on water, or attachment to something having a fixed location on the ground or on water, and without
limiting the generality of the foregoing, includes walls, floors, roofs, signs and billboards, private outdoor
swimming pools, satellite dishes, and an object designed and intended to float, but does not include
free standing walls, hedges and fences, drainage culverts, retaining walls or sewage disposal systems.
"Swimming Pool" means any body of water located indoors or outdoors contained by artificial means
and having a depth of greater than 0.6 m (1.9 ft) at any point, and used and maintained for the purpose
of swimming, wading, diving, or bathing.
"Tavern" means a tavern as defined by the Liquor License Act, as amended from time to time.
"Temporary Building" means a building or structure intended for removal or demolition within a
prescribed time not exceeding two years and having a maximum floor area of 9.29 m2 (100 ft2) as set
out in a building permit.
"Tent" means a temporary structure used for temporary human shelter that is not permanently fixed to
the ground and is capable of being easily moved.
"Tillable Acres" means the total area of land including pasture that can be worked or cultivated.
"Tiny Home" shall mean a detached residential building containing one dwelling unit that is
accessory to a principal residential building and that is designed to be portable and provide year-
round living accommodations in accordance with the garden suite provisions of the Planning Act, but
does not include recreational vehicles, travel trailers, tent trailers or motor homes.
"Tourist Cottage" means a detached housekeeping unit associated with a Tourist Cottage Rental
Establishment.
"Tourist Home" means a detached dwelling containing four (4) or more guest rooms and not more than
ten (10) guest rooms which are available for sleeping accommodation for the vacationing or travelling
public in which the owner or manager supplies, for hire or gain, lodging with or without meals.
Trades Person Business" means a business or service operated by a self-employed electrician,
plumber, carpenter or similar trades person, such business may include office space as an accessory
use, but shall not include retail sales, or outside storage.
"Transportation Depot" means the use of land, buildings or structures where commercial motor vehicles
pick up and discharge fare paying passengers and may include as an accessory use a ticket office, a
restaurant, luggage checking and/or parcel shipping facilities, and offices accessory to the main use,
but does not include the display or sale of any motor vehicle.
"Transmission Tower" means a structure, over 20 m (65.6 ft) in height, designed and erected for the
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purpose of transporting or carrying hydroelectric power in quantities equal to, or greater than, 100,000
volts or for the purpose of transmitting and receiving radio and telecommunication frequency.
"Travel Trailer" means a structure designed, 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 excepting a mobile home.
"Trust Company or Bank" means the use of land, buildings, or structures for the purpose of depositing,
keeping, lending, or exchanging money, and other related financial services.
"Use" as a verb, means anything permitted by the owner or occupant of any land, building or structure,
directly or indirectly, or by, or through any trustee, tenant, servant, or agent acting for or with the
knowledge and assent of such owner or occupant, for the purpose of making use of the said land,
building or structure. The phrase 'used for' includes 'arranged for', 'designed for' 'maintained for' or
'occupied for`.
"Use" as a noun, means any of the following depending on the context:
(a)
any purpose for which land, buildings or other structures may be arranged,
designated, designed, intended, maintained, or occupied, or
(b)
any occupation, business, activity, or operation carried on, or intended to be carried
on, in a building or other structure or on land, or
(c)
the name of a tract of land or a building or other structure which indicates the
purpose for which it is arranged, designated, intended, maintained, or occupied.
"Variety Store" means a retail commercial establishment in which goods or materials such a tobacco
products and smokers' supplies, confections, soft drinks, stationary supplies, reading materials, patent
medicines and first aid supplies, housewares and notions, souvenirs and similar goods are offered for
sale to the general public, any may include groceries and dairy products as a secondary use.
"Veterinary Clinic" means a building or part of a building used for the care, diagnosis, and treatment of
sick, ailing, infirm, or injured animals, and those that are in need of medical or surgical attention. Such
clinics may not provide long-term lodging for healthy animals.
"Warehouse" means a building used or intended to be used for the bulk storage of goods, merchandise
or materials and shall include wholesale establishments.
"Waste Disposal Site" means any land upon, into or through which waste is deposited or processed
and any machinery or equipment or operation for the treatment or disposal of waste but does not
include the treatment or disposal of liquid industrial waste or hazardous waste but does include a
recycling processing plant.
"Watercourse" means the natural channel of a stream.
"Water Closet" shall mean a room that contains a flush toilet and a washbowl or sink but does not
include showering or bathing facilities.
"Water Frontage" means that part of a piece of land that fronts on and provides access to a bay or lake
or navigable water course.
"Water Supply, Piped" Or "Municipal Water" means a distribution system of underground piping and
related storage, including pumping and purification appurtenances operated by a municipal corporation
and/or the Ministry of the Environment and/or any public utilities commission for public use and which
have been approved by the Ministry of the Environment.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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"Wayside Pit" Or "Wayside Quarry" means a temporary pit or quarry licensed under the Aggregate
Resources Act R.S.O. 1990 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.
"Well" means an underground source of water which has been rendered accessible by the drilling or
digging of a hole from ground level to the water table and may include a private piped water system
from a surface water source
"Wholesale Establishment" means any establishment that sells merchandise to others for resale and/or
to industrial or commercial users.
"Wildlife Sanctuary" means land used or intended to be used for the preservation of wildlife and plant
life.
"Yard" means a space appurtenant to a building or structure located on the same lot therewith and
which space is open, uncovered, and unoccupied from the ground upward except for such accessory
buildings, structures, or uses as are specifically permitted elsewhere in this By-law.
"Yard, Exterior Side" Or "Exterior Side Yard" means the minimum side yard setback required
immediately adjoining a road for all buildings and structures.
"Yard, Front" or "Front Yard" means the minimum required setback from an area extending across the
full width of a lot, measured perpendicularly from the front lot line to the closest wall of any permitted
buildings or structures on the said lot.
"Yard, Rear" or "Rear Yard" means the minimum required setback from an area extending across the
full width of a lot, measured perpendicularly from the rear lot line to the closest wall of any permitted
building or structure on the said lot.
"Yard, Side" or "Side Yard" means the minimum required setback from an area extending from the front
yard, or front lot line where no front yard is provided, to the rear yard, or rear lot line where no rear yard
is provided, measured perpendicularly from the side lot line to the closest wall of any permitted building
or structure on the said lot.
"Zone" means an area delineated on a Zoning Map Schedule and established and designated by this
By-law for a specific use.
"Zoning Administrator" means the officer or employee of the Corporation for the time being charged
with the duty of administering and enforcing the provisions of the Zoning By-law of the Corporation.
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Section 6 - General Provisions For All Zones
A.
General Land Use Regulations
6.1
Permitted Uses In All Zones
6.1.1 Services and Utilities
a)
Nothing contained in this By-law shall prevent the Corporation, any telephone or
telegraph company, any cable T.V. company, any natural gas company, any
transportation system owned or operated by or for the Corporation, any Department of
the Federal Government, or Ministry of the Provincial Government, Hydro One, any
railway company and any local or County Board or Commission from installing a water
main, sanitary sewer main, storm sewer main, gas main, electric power facilities,
pipeline or overhead or underground hydro, cable T.V. service, telephone line, road or
road and any required accessory service buildings, provided that the location of any
accessory building conforms to all yard, lot coverage and height restrictions of the zone
in which it is located. Any, municipally owned and operated sewage and/or water
pumping station and telecommunication switching boxes may be erected within 0.5 m
(1.6 ft) of the front lot line and may be exempt from the lot coverage provisions of the
zone in which it is located.
Notwithstanding the generality of the foregoing, municipal approval does not apply to any
undertaking that has been approved under the Environmental Assessment Act.
b)
Any electric power facilities of the Municipality of Northern Bruce Peninsula or Hydro
One, and any receiving or transmitting tower and facilities of any radio or television
station existing on the date of passing of this By-law are permitted.
c)
Wayside pits and quarries and portable asphalt plants operated by a public authority
are permitted in all zones, except Residential zones.
6.1.2 Construction Facilities
Nothing contained in this By-law shall prevent the erection or location of any temporary building,
scaffolds, construction trailers or other structures incidental to building construction on the
premises for so long as the same is necessary for work in progress which has neither been
finished, nor abandoned provided any necessary permits are obtained.
6.1.3 Ornamental Structures
A statue, monument, cenotaph, fountain or other such memorial or ornamental structure shall
be permitted in all zones.
6.1.4 Signs and Signals
Any government authorized traffic sign or signal, any public election list or government
proclamation, a real estate advertising sign having a maximum area of 0.4 m² (4ft²) or any sign
permitted by the municipal sign by-law shall be permitted in all zones.
6.1.5 Sewage Disposal Systems
A sewage disposal system is permitted in any zone except the Environmental Hazard (EH)
Zones.
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6.2
Public Uses, Buildings And/or Structures
Despite Section 6.1.1, the erection of any building or structure designed for the use of office,
storage or other uses, the construction or erection of transmission towers, and the use of land
for outside storage, by the Corporation, any local or County Board or Commission, or
Corporation, any telephone or telegraph company, any transportation system owned or
operated by or for the Corporation, any Department of the Federal or Provincial Government,
Hydro One and any railway company must conform to the provisions of this By-law.
6.3
Accessory Uses
6.3.1 Where Permitted
Where this By-law provides that a lot may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory building or structure or accessory
use but shall not include (1) any occupation for gain or profit conducted within a dwelling unit on
the lot, except as specifically permitted in this By-law, or (2) any building used for human
habitation except as specifically permitted in this By-law.
6.3.2 Number of Accessory Buildings
Save and except for an agricultural use, in no case shall the number of accessory buildings on
one lot exceed three (3).
6.3.3 Location
Except as otherwise provided, in any zone other than a residential zone or non-farm residential
use in a Rural Zone, the yard requirements herein shall apply to both main and accessory
buildings. Attached buildings accessory to dwellings shall be considered as part of the main
building and all yards shall be provided in accordance with the relevant yard regulations.
6.3.4 Yards for Residential Uses
Despite any other provisions of this by-law, any accessory building or structure, in any
residential zone or non-farm residential use in a Rural Zone, may be erected in any yard subject
to the following restrictions:
i)
When located in a rear yard, such accessory building or structure shall be located
no closer than 1 m (3 ft) to the side and/or rear lot line. Further, any part of such
accessory building or structure shall be setback 3 m (9.8 ft) from any part of a
dwelling on an adjoining lot.
ii)
When located in an interior side yard, an accessory building or structure may be
positioned no closer than 1 m (3 ft) to an interior side lot line. Where a mutual
private garage is erected on the lot line between two lots, no interior side yard
setback is required.
iii)
Where erected in an exterior side yard no accessory building or structure shall be
located closer than 6 m (19.6 ft) to any road line.
iv)
Detached garages or any part thereof, may be located in front of the principal
structure provided it complies with the minimum front yard setback requirements
and minimum side yard requirements.
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6.3.5 Pump houses
Despite Section 6.3.4, in any Zone one pump house to supply domestic water may be located in
the front yard provided such pump house shall not exceed a height of 2.4 m (7.8 ft) and a floor
area of 4.6 m2 (49 ft2).
6.3.6 Separation from the Main Building
The minimum distance between a detached accessory building and the main building to which it
is accessory shall be 2 m (6.5 ft).
6.3.7 When Permitted
Notwithstanding any of the provisions of this By-law, no accessory building, structure, or use
shall be erected, or used until the principal building, structure or use is completed in
compliance with the provisions of this By-law, however an accessory building may be erected
in conjunction with the construction of the principal structure.
6.3.8 Private Guest Cabin
Where listed as a 'Permitted Use', a Private Guest Cabin may be permitted as an
accessory use to a detached structure to be used in accordance with the following:
i.
A maximum of one (1) Private Guest Cabin per 'Lot of Record' shall be permitted;
ii.
A 'Private Guest Cabin' shall not be permitted on a lot that does not meet the
minimum lot area requirements for the zone in which it is located;
iii.
The Private Guest Cabin shall have a maximum height of 5.0 m (16 ft.);
iv.
There shall be no kitchen/cooking facilities in the Private Guest Cabin;
v.
A water closet may be permitted in the Private Guest Cabin;
vi.
The Private Guest Cabin shall be for the accommodation of non-paying
guests only;
vii.
The Private Guest Cabin shall have a Minimum 'Floor Area, Gross' of 10.2 m2
(110 ft2) and a Maximum 'Floor Area, Gross' of 23.0 m2 (247 ft2) and shall be
constructed to the minimum standards of the Ontario Building Code for
human habitation;
viii.
A Private Guest Cabin shall be subject to all other Zone Provisions for
Principal/Primary/Main buildings. Where the principal building is legally non-
complying with a yard setback, the Private Guest Cabin may be located
along the same building line.
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6.3.9 Boathouse
A 'Boathouse' may be permitted only on a 'Waterfront Lot" subject to the
following provisions:
i.
May be erected 0 m (0 ft.) from the Lot line that abuts the water body on a
'Waterfront lot';
ii.
Shall be no closer than 5.0 m (16 ft.), and parallel to, side lot lines;
iii.
The Maximum Building Height measured from the side of the structure that
abuts the water body shall be 5.0 m (16 ft.);
iv.
The Maximum 'Floor Area, Gross' shall be 55.7 m2 (600 ft2);
v.
Prior to installation of any boathouse, as defined in this By-law, required
permitting from the Ministry of Northern Development, Mines, Natural
Resources and Forestry (MDMNRF) shall be obtained.
6.3.10 Docks
A 'Dock' may be permitted only on a 'Waterfront Lot" subject to the following
provisions:
i.
Docks shall be no closer than 5.0 m (16 ft) to side lot lines;
ii.
The length of a dock shall be parallel to side lot lines or parallel to the
shoreline;
iii.
Prior to installation of any dock, as defined in this By-law, all relevant federal,
provincial, and municipal permits shall be obtained. These permits include, but
are not limited to, Ministry of Northern Development, Mines, Natural
Resources and Forestry (MDMNRF), Transport Canada (Navigation Protection
Program (NPP) and municipal permits.
iv.
Docks located within waterways regulated by National Parks shall be
subject to all relevant federal requirements in addition to the provisions of
this By-law.
6.3.11 Lighting
i.
The Municipality of Northern Bruce Peninsula is a 'Dark Skies' community, and
any outdoor lighting shall be 'dark sky compliant'.
6.3.12 Farmers Market
i.
Notwithstanding the provisions of the applicable zone, where a Farmers
Market is a permitted use and consists solely of freestanding outdoor booths,
tables, stands, tents, or similar portable or semi-portable structures, no
freestanding outdoor booth, stand, table, tent or similar portable or semi
portable structure shall be located closer than 3 m (9. 8 ft) to any residential
zone or use.
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6.3.13 Tents. Trailers, and Recreational Vehicles
Except where otherwise provided for in this By-law, the use of tents, trailers, and
recreational vehicles for human habitation shall be prohibited except:
i.
For the occasional and temporary accommodation of non-paying guests,
provided that a detached dwelling exists on the property; and
ii.
In accordance with the driveway provisions outlined in Section 6.32.6; or in
accordance with the minimum side and rear yard setback requirements for
the Zone; and
iii.
In accordance with the Municipality's Tent and Trailer By-law.
6.3.14 Shipping Containers
A shipping container may be permitted as an accessory detached building in the
following zones: RU1, RU2, HCM, RCM, EX, and I, subject to the following provisions:
i.
The permanent placement of shipping containers shall only be permitted as an
accessory use to a main permitted building on a property.
ii.
The minimum lot size for shipping container use shall be 4000 square metres.
iii.
A maximum of 4 shipping containers per lot shall be permitted.
iv.
Shipping containers shall be located in interior side yards and rear yards only and
shall comply with all setbacks and other regulations of the applicable zone in
which they are located
v.
In any zone other than a Rural zone, Shipping containers shall be subject to the
provisions related to Open Storage Areas and shall require a Planting Area /
Visual Screening.
vi.
In a Rural zone a Planting Area / Visual Screening from the street and any
dwelling on an adjacent lot shall be required and may be located adjacent to the
container.
vii.
Shipping Containers shall not be used for the purpose of a 'warehouse, self-
storage'
viii.
Shipping containers shall not be stacked;
ix.
Unless otherwise permitted in this By-law a shipping container shall not be located
in a required parking area;
x.
A shipping container shall not be placed or used for the purpose of display or
advertising.
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6.3.15 Additional Residential Units
In addition to all other provisions of this By-law, the following provisions shall apply
to Additional Residential Units:
6.3.15.1 General Requirements for Additional Residential Units
i.
Additional Residential Units are permitted within a single detached
dwelling, a semi-detached dwelling, a rowhouse and within an accessory
building in the R1 Zone, R3 Zone and R4 Zone, subject to compliance
with minimum lot area requirements.
ii.
Additional Residential Units are permitted within a single detached
dwelling in the R2 Zone on lots greater than 4000 sq m. No type of
additional dwelling unit is permitted within an accessory building in the
R2 Zone.
iii. Additional Residential Units are permitted within a single detached
dwelling and within an accessory building in the RU1 Zone and RU2
Zone. The minimum lot size for one (1) Additional Residential Unit in the
RU1 and RU2 zones shall be 4000 sq m. The minimum lot size for two
(2) Additional Residential Units in the RU1 and RU2 zones shall be 6000
sq m.
iv. A maximum of two (2) Additional Residential Units shall be permitted per
lot, which may include one (1) in the Principal Dwelling and one (1) in an
accessory building, in the R1 Zone, R3 Zone, R4 Zone, RU1 Zone and
RU2 Zone. For the purposes of this provision, a temporary garden suite,
tiny home and/or temporary farm accommodation located in a building
shall be counted as an Additional Residential Unit.
v.
Additional Residential Units shall be of a size which is less than the
Gross Habitable Area of the principal dwelling.
vi. Additional Residential Units are subject to the availability of adequate
servicing whether such servicing is provided via municipal services or
private individual on-site services.
vii. Additional Residential Units shall comply with the 100-year flood
elevation requirements as per Section 6.30 of this By-law.
viii. Additional Residential Units shall be constructed in conformity with the
Ontario Building Code to be suitable for habitation year-round.
ix. Access from a Public Street to an Additional Residential Unit shall be
provided via an existing residential laneway.
x.
A minimum of one (1) off-street parking space shall be provided for an
Additional Residential Unit, in addition to any parking space required by
this Bylaw for the principal dwelling and may include a stacked parking
space located in a permitted laneway.
xi. Where a principal dwelling is legally non-complying an Additional
Residential Unit is permitted within the existing principal building.
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xii. Where a principal dwelling is legally non-complying an Additional
Residential Unit is permitted to be attached to the principal dwelling
provided any new development associated with the Additional Dwelling Unit
complies with this By law.
xiii. An Additional Residential Unit shall comply with the Maximum Lot Coverage
provisions of the applicable zone.
xiv. A Home occupation in accordance with Sections 6.7 and 6.8 of this By-law
shall be permitted within an Accessory Residential Unit.
6.3.15.2 Additional Provisions for Additional Residential Units in Detached Accessory
Buildings
An Additional Residential Unit in a detached accessory building is not subject to the
accessory building provisions of this By-law unless otherwise noted below, and will be
permitted in accordance with the following criteria:
i.
An Additional Residential Unit in a detached accessory building shall comply with
the minimum yard setbacks and the maximum building height applicable to the
principal dwelling in the zone in which such use is located unless otherwise noted
herein.
ii.
An Additional Residential Unit in a detached accessory building may be located
within an interior side yard or rear yard, to a minimum setback of 1.5 m from the
interior side lot line and rear lot line, provided the Additional Residential Unit does
not exceed the maximum accessory building height of 5.0 m.
iii.
The Additional Residential Unit shall comply with the Minimum Distance Separation
Formulae.
iv.
An Additional Residential Unit in a detached accessory building shall be located no
closer than 2.0 m to the principal dwelling on the lot.
v.
An Additional Residential Unit located in a detached accessory building in the RU1
Zone and the RU2 Zone shall be located no further than 50 m from an existing
residential dwelling located within the existing building/farm cluster.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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6.4
Detached Accessory Dwelling
Where a detached dwelling is permitted as accessory to a permitted use, such dwelling shall
conform with the following provisions:
6.5
Accessory Dwelling Unit Contained Within A Non-Residential Building Or
Structure
No person shall use any part of a non-residential building as an accessory dwelling unit except
in accordance with the following provisions:
6.5.1 Setbacks and Yards
Minimum setbacks and yards shall be provided in accordance with the minimum setback and
yard provisions for the non-residential building or structure in which the dwelling unit is located.
6.6
Apartment Dwelling Unit Sizes
Where listed as a permitted use, no person shall construct or use any apartment dwelling unit in
a multiple family dwelling or any accessory dwelling unit to a non-residential building unless the
proposed dwelling unit maintains the following minimum floor area:
(a)
Bachelor dwelling unit
40m2 (430.5ft.2)
(b)
Dwelling unit containing one-bedroom
60m2 (645.8ft2)
(c)
Dwelling unit containing two bedrooms
70m2 (753ft2)
(d)
Dwelling unit containing three bedrooms
90m2 (968.7ft2)
(e)
Dwelling unit containing more than three
90m2 (968.7ft2) + 10m2 (107.6ft2)
bedrooms for each bedroom in excess of three
Provision types
Provision values
minimum setbacks
7.5m (24.6ft) from any lot line or road allowance
minimum lot area
minimum lot area for non-residential use plus 465m2 (5,005ft2)
minimum lot frontage
plus 15m (49ft)
minimum habitable floor area
70m2 (753ft2)
maximum building height
10m (32.8ft)
maximum lot coverage
6%
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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6.7
Home Based Business - Professional Uses
Where listed as a permitted use, Home Based Business - Professional Use may be carried on
within a dwelling unit, such uses may include uses such as a trades person business,
accountants, architects, auditors, engineers, insurance agents, land surveyors, lawyers,
notaries, realtors and photographers and professional consultants, hair dressing salon for
professional purposes, and other similar uses, provided that:
6.7.1 The said dwelling unit is occupied as a residence by the professional user.
6.7.2 There shall be no more than one (1) assistant who is not a resident in the building.
6.7.3 Not more than twenty-five (25) per cent of the total floor area of the dwelling is devoted to
the Home-Based Business.
6.7.4 There shall be no advertising other than a plate or sign which is not flashing and not larger
than 0.4m2 (4ft2) in area.
6.7.5 There is no external storage of goods or materials.
6.7.6 One off-road parking space is provided for every 19m2 (204.5ft2) of floor space occupied by
the professional use; and
6.7.7 The residential character of the dwelling is not changed.
6.7.8 Where the Professional Home-Based Business is in the form of a trades-person business,
the storage of equipment and material necessary to conduct the Home Based Business
shall be permitted within an accessory building.
6.8
Home Based Business - Domestic And Household Arts
Where listed as a permitted use, a domestic or household art may be conducted as a Home
Based Business within a dwelling unit and shall include uses such as dressmaking, instruction
in music, dancing, arts and crafts to not more than six pupils or students at any one lesson,
tailoring, weaving, painting, sculpting, furniture refinishing and repair, and moulding or otherwise
making or repairing of garden or household ornaments, articles of clothing, personal effects or
toys, or other provided that:
6.8.1
The said dwelling unit is occupied as a place of residence by the individual operating the
Home-Based Business.
6.8.2 There is no display of goods or advertising other than a plate or sign which is not larger
than 0.4m2 (4ft2) in area, not flashing.
6.8.3 There is no external storage of goods or material.
6.8.4 Not more than twenty-five (25) per cent of the total floor area of the dwelling unit is devoted
to the Home-Based Business.
6.8.5 One off-road parking space is provided for every 19 m2 (204.5 ft2) of floor space occupied
by the Home-Based Business.
6.8.6 The occupation is carried on by a member of the family residing on the premises and all
articles sold are produced by members of the family.
6.8.7 The residential character of the dwelling is not changed.
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6.9
Home Based Business - Rural Business
Where listed as a permitted use, a rural business may be conducted as a Home-Based
Business within a dwelling, farm building or accessory building and shall be limited to welding,
small machinery repair, cabinet making, furniture making or repair, carpentry, trades-person
business, sale and service of equestrian equipment provided that:
6.9.1 There is no advertising other than a plate or sign which is not flashing and not larger than 1 m2
(10.7 ft2) in area.
6.9.2 The occupation is conducted by a member of the family residing on the premises and all
articles are produced and/or sold by members of the family and all services are provided
by members of the family, except for the employment of one assistant.
6.9.3 Where the Home-Based Business is located within a dwelling, not more than twenty-five
(25) per cent of the total floor area is devoted to such use.
6.9.4 Where the Home-Based Business is located within an accessory building, not more than
100 m2 (1076.4 ft2) shall be devoted to such use.
6.10 Home Based Business - Contractors & Trade Persons
6.10.1 Where listed as a permitted use, Contractors and Trades Persons may carry out business
within a dwelling unit. Examples of permitted Home-Based Business include electricians,
plumbers, carpenters, general contractors, excavation and building trade contractors, and
other such similar businesses and other such similar uses provided that:
6.10.2 The said dwelling unit is occupied as a residence by the trades person or contractor.
6.10.3 There shall be not more than one (1) assistant who is not a resident in the building
operating the business from the residential property.
6.10.4 Not more than twenty-five (25) percent of the total floor area of the dwelling is devoted to
the Home-Based Business.
6.10.5 Up to one (1) accessory building to the residence may be used for the storage of
equipment, vehicles, and supplies, provided that not more than 55 m2 (592 ft2) is devoted
to such use. Accessory buildings shall not be used for office, retailing, processing, or
manufacturing purposes.
6.10.6 There shall be no advertising other than a plate or facia sign which is not flashing and not
larger than 0.4 m2 (4 ft2) in area and attached to the main building.
6.10.7 There is no external storage of goods or materials, including heavy equipment such as
excavation machinery, or any vehicles not licensed for the road.
6.10.8 One off-road parking space is provided for every 19 m2 (204.5 ft2) of floor space occupied
by the Home-Based Business use within the residence.
6.10.9 The residential character of the dwelling unit and/or accessory building is not changed.
6.10.10 Home-Based Business - Contractors & Trades Persons shall not include the retail sales of
building or construction supplies nor automobile, small engine, or machinery repair.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Home Based Business - Bed And Breakfast Establishment
6.11.1 Where permitted by this by-law, a bed and breakfast establishment will be subject to the
following provisions. The lot and detached dwelling in which the bed and breakfast
establishment is located must meet all the requirements of the zone in which it is located.
6.11.2 No person, other than members of the family who operate and reside in the establishment
shall be employed except as is necessary for housekeeping purposes.
6.11.3 Each guest room shall have a minimum floor area of 10.5 m2 (113 ft2).
6.11.4 Guest rooms are not permitted within an attic.
6.11.5 No bed and breakfast establishment shall provide more than 3 guest rooms for overnight
accommodation.
6.11.6 No food or drink shall be offered or kept for sale for persons who are not guests of the
establishment.
6.11.7 In addition to the two parking spaces a detached dwelling is required to have by this by-
law, a Bed and Breakfast Establishment shall provide one parking space for each guest
room.
6.11.8 A sign shall be permitted provided such sign is not greater than 0.4 m2 in area (4 ft2).
6.11.9 Maximum number of occupants or guests, in addition to staff and host family, permitted to
stay within a Bed and Breakfast Establishment - eight (8).
6.11.10
All Bed and Breakfast establishments must be licensed by the corporation.
6.12 Zoning Over Water Bodies
Except as otherwise provided, all lands below the high water mark elevation of 177.6 m G.S.C.
(582.6 ft), the water body itself, the space above the water body and the area from the inland
side of any shore road allowance to the high water mark, are zoned Environmental Hazard
Area. Such Environmental Hazard Area Zone shall extend to the international boundary where
applicable and all inland lakes over 2 hectares (4.9 acres) in area.
6.13 Non-Conforming Uses
6.13.1 Nothing in this By-law shall apply:
(a)
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
(b)
to prevent the erection or use for a purpose prohibited by this By-law of any
building or structure for which a permit has been issued under Section 8 of The
Building Code Act, prior to the day of the passing of this By-law, so long as the
building or structure when erected is used and continues to be used for the purpose
for which it was erected and provided that the permit has not been revoked under
Section 8 of The Building Code Act.
(c)
to prevent the strengthening to a safe condition of any building or structure or part
of any such building or structure which does not comply with the provisions of this
By-law, provided such alteration or repair does not increase the height, size or
volume or change the use of such building or structure; or
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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(d)
to prevent the restoration of any building or structure which does not comply with
the provisions of this by-law, where such building or structure is damaged by means
beyond the control of the owner such as by fire or an act of nature, provided that:
i)
such restoration does not increase the height, size or volume or change the
use of such building or structure; or
ii)
such reconstruction shall comply with all applicable setbacks and yard
provisions of the applicable zone.
6.13.2 A use of a lot, building or structure which under the provisions hereof 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, or such other compatible uses as
may be approved under Section 45 of The Planning Act, R.S.O. 1990.
6.14 Non-Complying Uses
6.14.1 Rebuilding, Repairs and Renovations
Nothing in this By-law shall prevent the rebuilding, repair, or renovation of a non-complying use,
building or structure which has been damaged or destroyed by fire or natural disaster providing
that such rebuilding, repair or renovation does not further contravene this By-law.
6.14.2 Additions and Accessory Uses Permitted
i)
Nothing in this By-law shall prevent an addition or extension being made to a Non-
Complying Use, building or structure provided that such addition or extension does
not contravene, or further contravene, any provision contained in this By-law.
ii)
Nothing in this By-law shall prevent the erection or enlargement of uses, buildings
or structures accessory to a Non-Complying Use, building or structure provided that
such erection or enlargement does not contravene, or further contravene, any
provision contained in this By-law.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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B.
General Lot Regulations
6.15 Frontage On A Public Road
6.15.1 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 road which is an improved road and is
part of the Corporation's approved road system, or in the case of a lot on a Registered
Plan of Subdivision, unless a 'Subdivider's Agreement' is in effect.
6.15.2 For the purposes of Section 6.15.1 a Provincial Highway or County Road shall be
considered an improved road forming part of the Corporation's approved road system.
6.16 Established Building Line In Built-Up Area
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
permitted building or structure is to be erected on a lot in a built-up area, where there is an
established building line extending on both sides of the lot, such permitted building or structure
may be erected closer to the road line, or the centre line of the road as the case may be, than
required by this By-law provided such permitted building or structure is not erected closer to the
road line or the centre line of the road, as the case may be, than the established building line on
the date of passing of this By-law.
For the purposes of the above-noted section the established building line for a vacant lot shall
be considered the required setback.
6.17 Through Lots
Where a lot is a through lot, a front yard shall be provided on each road on which the lot has
frontage.
6.18 Permitted Yard Encroachment
Except as otherwise provided, no obstruction or occupation of the space in any yard required by
this By-law shall be permitted except the following:
6.18.1 Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows
and other ornamental architectural features may project into any required yard but not
more than 83 cm (32.6 inches).
6.18.2 Unenclosed porches and covered or uncovered steps and sundeck patios may project into
any required yard but not more than 1.5 m (4.9 ft).
6.18.3 Open steel fire escapes may project into any required side or rear yard but not more than 1
m (3 ft).
6.18.4 Balconies may project into any required yard but not more than 1 m (3 ft).
6.18.6 Awnings, clothes poles, flagpoles, garden trellises, fences, retaining walls, recreational
equipment and similar accessories shall be permitted in any required yard.
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6.19 Reduction Of Requirements
6.19.1 No person shall:
(a)
change the purpose for which any lot, building or structure is used, or
(b)
erect any new building or structure, or
(c)
add to or take away from any existing building or structure, or
(d)
reduce any lot in area by conveyance or alienation of any portion thereof or
otherwise,
if the effect of such action is to cause the original, adjoining, remaining or new building, structure
or lot to be in contravention of this By-law.
6.19.2 In the event that a contravention of this By-law occurs as a result of any action described in
Section 6.19.1, no building or structure located on the lot shall thereafter be used until the
requirements of this By-law applicable thereto are complied with.
6.19.3 The provisions of Section 6.19.1 and 6.19.2 shall not apply to lands severed pursuant to
the provisions of The Expropriations Act or road widening acquired by a governmental
authority.
6.20 Fencing Of Privately Owned Outdoor Swimming Pools
The owner of every privately owned outdoor swimming pool, which is constructed subsequent to
the passing of this By-law, shall, prior to filling the pool with water, erect and maintain a fence
completely enclosing the pool as per the requirements of the Ontario Building Code Act.
6.21 Drainage Of Lots
In any residential, commercial or industrial zone all lands, buildings and structures shall provide
adequate drainage so as to prevent the flow of surface water onto adjoining lots.
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6.22 Planting Area
6.22.1 Required Locations
Except as otherwise provided, where a lot is used for a non-residential purpose as permitted in
any commercial, industrial zone, or institutional zone, and;
(i)
where the interior side lot line or rear lot line of such lot abuts any lot used or zoned
for residential purposes or;
(ii)
where such lot is in an industrial zone and the front, side or rear lot line abuts a road
line and the opposite road line abuts a residential zone;
then the land on such lot adjoining such abutting lot lines shall be used for no purpose other
than a planting area, in accordance with the provisions of this section.
6.22.2 Width of Planting Area
Unless otherwise provided, a planting area shall have a minimum width of 1m (3 ft).
6.22.3 Vegetation Height
The required hedgerow or screen of shrubs and/or evergreens shall be a minimum height of 1 m
(3 ft) when planted and of a type that will attain a minimum height of 3 m (9.8 ft) at maturity.
No vegetation within a sight triangle shall exceed the height of 1 m (3 ft).
6.22.4 Interruption for Driveway or Walkway
Where interrupted by walkways or driveways, a planting area need not be provided closer than
1.5 m (4.9 ft) to a walkway or 3 m (9.8 ft) to a driveway.
6.22.5 Landscaped Open Space
A planting area referred to in this section may form part of any Landscaped Open Space
required by this By-law.
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C.
General Building Regulation
6.23 Exceptions To Maximum Height Regulations
The regulations prescribing the maximum height of any building or structure shall not, in any
zone, apply to flag poles, radio or television receiving or transmitting equipment servicing and
owned by the occupant of a detached dwelling, grain elevators, salt or gravel storage buildings
constructed by a public body, windmills, farms buildings and structures, church spires, belfries,
cupolas, observation towers or domes not used for human occupancy, chimneys, smoke stacks,
ventilators, skylights, water tanks, bulk heads, firewalls, and similar features and necessary
mechanical appurtenances accessory to the building on which they are erected; provided
however, that such features are erected only to such heights as is necessary to accomplish their
purposes.
6.24 Dwelling Units Below Grade
No dwelling unit shall in its entirety be located in a cellar. If any portion of a dwelling unit is
located in a cellar such portion of the dwelling unit shall be used as a furnace room, laundry
room, storage room, recreation room or for a similar use only. However, a dwelling unit in its
entirety may be located in a basement in accordance with the permitted uses and regulations of
this By-law.
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D.
Special Setbacks And Restrictions
6.25 Watercourse Setbacks
6.25.1 Municipal Drains
6.25.1.1 Notwithstanding any yard provisions of this By-law, except as otherwise provided no
person shall hereafter erect any permanent building or structure in any zone which is:
(a)
closer than 15 m (49 ft) from an open municipal drain as defined in the Drainage Act
R.S.O. 1990,
(b)
closer than 8 m (26 ft) to an enclosed municipal drain as defined in the Drainage Act
R.S.O. 1990.
6.25.1.2 Notwithstanding the above, no setback shall be required for public facilities such as
drainage culverts; municipal, county, or provincial bridges and other similar public facilities.
6.25.2 Natural Watercourses
6.25.2.1 Notwithstanding any yard provisions of this By-law, except as otherwise provided, no
person shall hereafter erect any permanent building or structure in any zone which is:
(a)
closer than 30 m (98 ft) from a watercourse shown on Schedule "A" to this by-law.
6.25.2.2 Notwithstanding the above no setback shall be required for public facilities such as
drainage culverts; municipal, county, or provincial bridges and other similar public facilities.
6.26 Setbacks From Waste/Sewage Disposal (WD) Zones
6.26.1
a)
No building or structure erected and used for human habitation shall be located
closer than 60 m (196.8 ft) from any area zoned for and containing a licensed waste
disposal site either within or outside the limits of the Corporation as shown on
Schedule "A" to this By- law.
b)
No building or structure erected and used for human habitation shall be located
closer than 60 m (196.8 ft) from any area zoned for and containing a licensed
municipal sewage treatment works either within or outside the limits of the
Corporation as shown on Schedule "A" to this By-law.
6.26.2 Notwithstanding the above noted section, nothing in this By-law shall prevent an addition or
extension being made to an existing structure used for human habitation in compliance with the
requirements of the applicable zone.
6.27 Sight Visibility Triangles
The intersection of all roads within the municipality shall require the maintenance of a sight
visibility triangle as defined in the definitions section of this by-law. The following restrictions
shall apply to site visibility triangle areas:
(i)
No building, structure, fence, sign, or vegetation greater than 1m (3ft) in height
above the elevation of the centre of any adjoining road shall be permitted;
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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(ii)
Vehicular parking is prohibited; and,
(iii)
Finished grade will not exceed the elevation of the road line by more than 60cm
(23.6 inches).
6.28 Open Storage - Commercial And Industrial Zones
6.28.1 Minimum Setbacks
(a)
The minimum setback from any front, side, or rear lot line of any permitted open
storage in any commercial or industrial zone shall be no less than the respective
minimum front, side or rear yard of the zone in which the said open storage is
located unless otherwise specified hereinafter.
(b)
In any lot in an Industrial or Commercial zone, where any side or rear lot line abuts
a lot in the same zone as the zone in which the said lot is located, the minimum
setback of any open storage shall be 3 m (9.8 ft) from the side or rear lot line.
6.28.2 Surface Treatment
Any permitted open storage area, or vehicular access thereto, involving the storage, parking or
display of motor vehicles for the purpose of sale, lease, rental, washing, service or repair, or any
primary means of vehicular access to any permitted open storage area, shall be constructed
and maintained with a stable surface of crushed stone or gravel adequately treated to prevent
the raising of dust or loose particles, and shall include provisions for adequate drainage
facilities.
6.28.3 Parking and Loading Spaces to be Preserved
Any areas used for permitted open space storage shall be in addition to and separate from such
areas as may be required by this By-law for the provision of off-road parking or loading space.
6.28.4 Lighting
Where lighting facilities are provided in conjunction with any permitted open storage, such
lighting shall be so arranged as to deflect light onto the open storage area and away from any
adjoining properties.
6.29 Open Storage - Residential Zones
6.29.1 No person shall use any lot in any Residential Zone for the parking or open storage of
more than two commercial motor vehicles.
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6.30 Lake Huron - Georgian Bay Flood Constraint Regulations
The placement of habitable structures on all lands adjacent to Lake Huron or Georgian Bay
shall be subject to one of the following flood constraint regulations:
6.30.1 Flood Proofing
In any zone, no building openings associated with the habitable floor area of a dwelling or
structure shall be located at or below the minimum elevation of 179.1 m G.S.C. (587.5 ft) for
lands adjacent to Lake Huron and 178 m G.S.C. (583.9 ft) for lands adjacent to Georgian Bay.
or;
In any zone on lands adjacent to Georgian Bay or Lake Huron, all habitable buildings shall be
setback a minimum of 15 m (49 ft) measured horizontally from the 177.6 G.S.C. (582.6ft)
elevation.
6.30.2 Additions and Accessory Uses Permitted
The flood proofing requirements outlined in the above noted section shall not be applied to the
expansion of existing buildings and structures where such expansion represents an increase in
ground floor area less than 50 % of the original structures ground floor area.
6.31 Shoreline Development Constraint
6.31.1 Prohibited uses
The following uses are prohibited below the minimum flood proofing elevations noted in Section
6.30 of this by-law:
i)
the manufacture, storage and/or consumption of hazardous or toxic substances.
ii)
hospitals, nursing homes, and schools.
iii)
fire and ambulances stations, and electrical substations.
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E.
Regulations For Parking, Loading and Municipal Roads
6.32 Off-Road Parking Regulations
Unless otherwise provided for in this By-law, permanently, maintained angle or parallel parking
spaces shall be provided in accordance with the following regulations:
6.32.1 Required Number of Spaces
Use
Minimum number of spaces
detached dwelling, duplex dwelling,
cottage dwelling, semi-detached
dwelling
2 spaces per dwelling unit; may be stacked parking spaces
additional residential unit, garden
suite, tiny home in accordance with
Section 6.3.15
1 space for each dwelling unit; may be stacked parking spaces
apartment dwelling or dwelling not
otherwise specified herein
1 space for each dwelling unit; plus 1 space for every 4 dwelling
units, to be set aside for and visually identified as visitor parking
Bed & Breakfast Establishment
In addition to the two parking spaces a detached dwelling is
required to have by this by-law, a Bed & Breakfast
Establishment shall provide one parking space for each guest
room
hotel, motel
1 space per sleeping guest room, plus 1 space for each 20m2
(215ft2) of floor area used for assembly, restaurant or the
dispensing of food or drink
Mini-storage units
1 space per 30 units
Food trucks
1 space per 5 seats
Tourist Cottage
1 space per Tourist Cottage
1 Visitor Space per 3 Tourist Cottages
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Use
Minimum number of spaces
church, place of worship
1 space for each 10 fixed seats or if no fixed seats, 1 space
for each 10m2 (107.6ft2) of floor area, used for seating
auditorium, convention or meeting hall,
community center, sports arena,
fairground, stadium, private club,
fraternal society, or any institutional or
non-profit use or place of assembly not
otherwise specified herein
1 space for each 5 fixed seats or if no fixed seats, 1 space for
each 5m2 (53.8ft2) of floor area, used for seating
elementary school, nursery school, day
nursery
1 space for each classroom plus one additional space for
each office, or if the school contains a place of assembly,
according to the requirements of such place of assembly,
whichever is greater.
Education facilities with a gymnasium and/or auditorium may
utilize hard surface play areas to meet such additional parking
requirements provided such hard surfaced areas are adjacent
to and have direct access from the required parking areas.
secondary school, vocational or
technical training school or college or
combined elementary-secondary
school
3 spaces for each classroom plus one additional space for
each office, or if the school contains a place of assembly,
according to the requirements of such place of assembly,
whichever is greater.
Education facilities with a gymnasium and/or auditorium may
utilize hard surface play areas to meet such additional parking
requirements provided such hard surfaced areas are adjacent
to and have direct access from the required parking areas.
funeral home
1 space for each 5 fixed seats, or where no fixed seats, 1
space for each 5m2 (53.8ft2) of floor area in reposing rooms
plus 1 space per funeral home vehicle.
government office, bank, financial
institution, veterinary clinic & other
offices excluding those for the health
care professions
1 space for each 40m2 (430.5ft2) of gross floor area.
clinic or office for any health care
profession
5 client spaces for each member of the health care
professions employed at the clinic or office.
1 space for each member of the health care professions
employed at the clinic or office.
establishment for the sale and
immediate consumption of food and/or
drink on the premises, including
taverns, restaurants, public houses,
and similar uses
1 space for each 5 m2 (53.8 ft2) of building floor area, devoted
to public use and where outdoor seating is provided 1 space
per 5 seats.
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Use
Minimum number of spaces
drive-in or take-out establishment
where food and/or drink is purchased
over the counter for consumption on or
off the premises
1 space for each 5m2 (53.8ft2) of gross floor area, or where
outdoor seating is provided 1 space per 5 seats.
general store, retail store, personal
service establishment, convenience
store
1 space for each 20m2 (215ft2) of sales or service area
laundromat, automatic dry-cleaning
establishment
1 space for each four machines, or 1 space for each 20 m2
(215 ft2) of gross floor area, whichever is greater
automobile car wash
Sufficient spaces for the storage and movement of at least 3
automobiles in advance of and 1 automobile at the terminus
of each wash stall
automobile sales and/or service
establishment
1 space for each 20m2 (215ft2) of gross floor area
automobile service station
3 spaces
automobile repair shop
1 space for each 20 m2 (215 ft2) of gross floor area
place of recreation not otherwise
specified herein
1 space for each 20 m2 (215 ft2) of gross floor area
industrial use, service and/or repair
shop
1 space for each 100m2 (1,076ft2) of gross floor area or 1
space for each 2 employees on the maximum working shift,
whichever is greater for the industrial service and/or repair
uses;
plus 1 space for each 40m2 (430.5ft2) devoted to office use.
wholesaling, warehousing, or storage
use
1 space for each 100m2 (1,076ft2) of gross floor area for the
wholesaling, warehousing or storage uses;
plus 1 space for each 40m2 (430.5ft2) floor area, devoted to
office use.
commercial use establishment not
otherwise specified
1 space for each 20 m2 (215 ft2) of gross floor area
Calculation Of Spaces
(a)
When a building or lot accommodates more than one use or purpose the required
parking spaces shall be the sum total of the required parking spaces for the
separate uses or purposes. Parking facilities for one use shall not be considered as
providing required parking for any other uses.
(b)
If calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next higher whole number.
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6.32.2 Size and Accessibility of Parking Spaces
Every parking space shall maintain a minimum area and width exclusive of aisles and shall be
accessible from unobstructed maneuvering aisles and shall be in accordance with the following
regulations:
(a)
Angle Parking
Angle in
Degree
Parking Space in
Length
Maneuvering Aisle
Width
Parking Space in Width
30
5.5 m (18 ft)
4.3 m (14 ft)
3 m (9.8 ft)
45
6 m (19.6 ft)
4 m (13.1 ft)
3 m (9.8 ft)
60
6 m (19.6 ft)
6 m (19.6 ft)
3 m (9.8 ft)
90
5.5 m (18 ft)
8 m (26.2 ft)
3 m (9.8 ft)
(b)
Parallel Parking
Parking Space Length
Parking Space Width
Maneuvering Aisle Width
6 m (19.6 ft)
3 m (9.8 ft)
3 m (9.8 ft)
6.32.3 Provisions and Location of Spaces
(a)
Parking spaces shall be provided at the time of erection of any building or structure,
or at the time any building or structure is enlarged.
(b)
Parking spaces shall be located on the same lot or within the same building as the
use for which said parking is required.
However, where the owner of a building or structure proposes to provide the required
parking spaces and areas in a location other than on the same lot as the use that
requires such spaces and areas, then such shall be located not more than 150 m (492.1
ft) from the said lot.
(c)
Uncovered parking spaces may be located in the required yards except that:
(i)
in any zone other than a residential zone no parking space shall be permitted
on a lot closer to any road line than 3 m (9.8 ft); and
(ii)
in any zone no parking area for residential uses containing 3 or more units
shall be permitted within any front, interior or exterior side yard.
Note: Parking for the use of persons with disabilities shall be provided in accordance with the
Accessibility for Ontarians with Disabilities Act, 2005, and associated regulations. Where these differ
from the Municipal by-law, the provisions that provide a higher standard of access shall apply. The
Currently Applicable Regulation is Ontario Regulation 191/11 'Integrated Accessibility Standards':
https://www.ontario.ca/laws/regulation/110191#BK137
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6.32.4 Application of Parking Requirements
When a building or structure has insufficient parking on the date of passing of this By-law to
conform to the requirements herein, this By-law shall not be interpreted to require that the
deficiency be made up prior to the construction of any addition. In the case of the expansion or
enlargement of an existing building or structure, the requirement for the provision of additional
parking spaces shall be based on said expansion or enlargement. In the case of a change in
use the number of parking spaces required will be determined by calculating the difference
between that which would be required by the new and the existing uses.
6.32.5 Seating Accommodation by Benches
For the purposes of Section 6.31.1, where benches provide seating accommodation, 0.5 m (1.6
ft) of bench space shall be considered as equivalent to one (1) seat.
6.32.6 Driveways
(a)
A driveway entrance serving a detached dwelling, or a semi-detached dwelling shall
have a width of 3 m (9.8 ft) minimum, 6 m (19.6 ft) maximum. A driveway entrance
serving any other use shall have a width of 3 m (9.8 ft) minimum, 9 m (29.5 ft)
maximum.
(b)
The maximum width of any joint entrance and exit driveway measured along the
road line shall be 9 m (29.5 ft).
(c)
The minimum distance between a driveway and an intersection of road lines
measured along the road line intersected by such driveway shall be 9 m (29.5 ft).
(d)
The minimum angle of intersection between a driveway and a road line shall be 60
degrees.
(e)
Every lot shall be limited to the following number of driveways:
(i)
Up to the first 30 m (98 ft) of frontage measured along the road line not more
than one (1) driveway. A residential use not on a Provincial Highway or
County Road may have a 'U' shaped driveway.
(ii)
For each additional 30 m (98 ft) of frontage measured along the road line not
more than one (1) additional driveway.
(f)
Parking areas and associated driveway systems servicing any use other than a
cottage dwelling, duplex dwellings, triplex dwellings, fourplex dwellings, detached
dwellings and road townhouses and semi-detached dwellings shall be designed in
such a manner that any vehicle entering or leaving a road or public lane need not
travel in a backwards motion.
(g)
A driveway serving a non-residential use shall not be located closer than 3 m (9.8 ft)
to a lot containing a dwelling as a principle use.
(h)
A driveway serving a residential use shall not be located closer than 1 m (3.2 ft) to
the side property line, save and except for a joint driveway servicing two lots in
which case the driveway shall not require any setback.
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6.32.7 Surfacing and Drainage of Parking Areas and Access Lanes
All driveways shall be constructed of asphalt, paving stones, concrete or portland cement
binder, or a stable surface of crushed stone or gravel and shall be maintained or treated so as
to prevent the raising of dust or loose particles. Drainage shall be provided so as to prevent the
flow of surface water on to adjoining lots.
6.32.8 Illumination of Parking Areas or Driveways
When parking areas and/or driveways are illuminated, lighting fixtures shall be so arranged that
no part of any fixture shall be more than 9 m (29.5 ft) above the adjoining finished grade and
light shall be directed downward and away from adjoining lots.
6.32.9 Landscaping
(a)
Where, in any yard in any zone, a parking area which is required to provide for
more than four off-road parking spaces adjoins a lot in a residential zone, a
minimum landscaped of area 3 m (9.8 ft) shall be provided within the lot requiring
such parking area and along the lot line adjoining such residential zone.
(b)
Where, in any yard in any zone, a parking area which is required to provide for
more than four off-road parking spaces adjoins a road, then a landscaped area of a
minimum width of 3 m (9.8 ft) shall be provided within the lot requiring such parking
area along the lot line adjoining such road.
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6.33 Loading Regulations
The owner or occupant of any lot, building or structure erected or used for any purpose involving
the frequent receiving, shipping, loading or unloading of 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 road or lane, within the zone in which such
use is located, loading and unloading spaces in accordance with the following regulations:
6.33.1 Required Number of Spaces
Gross Floor Area of Building or Structure
Number of Loading Spaces
Required
100m2 (1,076ft2) to 300m2 (3,229ft2) or less
1
over 300m2 (3,229ft2) but not over 2,500m2
2
(26,910.6ft2)
over 2,500m2 (26,910.6ft2) but not over 8,000m2
3
(86,114 ft2)
over 8,000m2 (86,114ft2)
3 spaces, plus 1 additional space for
each additional 10,000m2
(107,642.6ft2) or fraction thereof in
excess of 8,000m2 (86,114ft2).
6.33.2 Access
In addition to the number of loading spaces, adequate space shall be provided for the parking of
vehicles awaiting access to loading, and any additional area as is necessary for the
maneuvering of a truck-trailer either into or out of the loading space. Access to loading spaces
shall be by means of a driveway at least 6m (19.6ft) wide contained within the lot on which the
spaces are located and leading to a road or public lane located within or adjoining the zone in
which the use is located.
6.33.3 Loading Space Dimensions
Each loading space shall be at least 15m (49.2ft) long, at least 3.5m (11ft) wide and shall have
a vertical clearance of at least 4.5m (14.7ft).
6.33.4 Location of Loading Space
No loading space shall be located in the required front yard, nor shall any required off-road
parking space be considered in calculating the required number of off-road loading spaces. On
a corner lot loading spaces may be located between the main building and the flanking road but
not within the required exterior side yard.
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6.33.5 Surface and Drainage of Spaces and Driveways
Loading spaces and driveways thereto shall be constructed of asphalt, concrete or Portland
cement binder, a stable surface of crushed stone or gravel and shall be maintained or treated so
as to prevent the raising of dust or loose particles. Drainage shall be provided so as to prevent
the flow of surface water on to adjoining lots.
6.33.6 Application of Loading Space Requirements
When a building or structure has insufficient loading spaces on the date of passing of this By-
law to conform to the provisions herein, this by-law shall not apply to require that the deficiency
be made up prior to the construction of any addition. In the case of an expansion or
enlargement of an existing building or structure, the requirement for the provision of additional
loading spaces shall be based on said expansion or enlargement. Notwithstanding Section
6.32.1, where the building or structure is deficient in loading spaces, a loading space shall not
be required for an expansion of 25 m2 (269 ft2) or greater and less than 100m2 (1076ft2).
6.33.7 Landscaping
Where a loading area adjoins any residential zone or a road then a planting area of a minimum
width of 3m (9.8ft) shall be provided within the lot requiring such loading area and along the lot
line adjoining such residential zone or road.
6.34 Municipal Roads
6.34.1 Municipal Roads - Class 1
Improved roads under the jurisdiction of the Corporation and shown on Schedule 'A' as Class 1
which are maintained on a year-round basis.
6.34.2 Municipal Roads - Class 2
Improved roads under the jurisdiction of the Corporation and shown on Schedule 'A' as Class 2
shall for the purposes of the By-law mean that the Corporation is not obligated to provide
services on a year-round basis.
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F.
Prohibited Uses
6.35 Prohibited Uses in All Zones
a)
Unless explicitly stated to the contrary, the following uses are prohibited in all zones:
i.
a junk yard, salvage yard, automobile wrecking yard, or the collection, storage
or sale of junk, salvage, partially or completely dismantled motor vehicles or
trailers, or parts thereof,
ii. the occupancy of trailers and tents,
iii. the construction of hunting cabins.
b)
In addition to the uses prohibited under clause (a), all uses of land and the erection
or use of any building or structure for a purpose not permitted under the "Permitted
Uses" subsection of one or more zones established by this by-law are and shall be
deemed to be prohibited in each such zone, except for those uses of land and the
erection or use of any building or structure for a purpose expressly permitted under
the applicable provisions of this by-law.
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Section 7 Establishment Of Zones
7.1
General
For the purposes of this By-law, the land area of the Corporation is hereby divided into various
generalized and specific 'Zones' to which the provisions and regulations herein shall respectively apply.
7.2
Zone Symbols
7.2.1 The following Zones are hereby established and are designated on the Zoning Map
Schedules by symbols consisting of letters and numbers, or letters only, as the case may
be:
Zone
Symbol
Rural Zone 1 (General Rural)
RU1
Rural Zone 2 (Restricted Rural)
RU2
Residential Zone 1 (Detached Residential)
R1
Residential Zone 2 (Resort Residential)
R2
Residential Zone 3 (Semi-Detached/Duplex Residential)
R3
Residential Zone 4 (Low Density Multiple Family Residential) R4
Residential Zone 5 (Medium Density Multiple Family Residential) R5
Commercial Zone 1 (Business District Commercial)
C1
Commercial Zone 2 (Hamlet Commercial)
C2
Commercial Zone 3 (Resort Commercial)
C3
Commercial Zone 4 (Tent & Trailer Park &
C4
Commercial Campground)
Highway Commercial & Industrial Zone
HCM
Rural Commercial & Industrial Zone
RCM
Extractive Industrial
EX
Institutional Zone
I
Open Space Zone (General Open Space)
OS
Municipal Infrastructure Services
MIS
Environmental Hazard Area Zone
EH
Planned Development Zone
PD
7.2.2 Whenever in this By-law the term 'Zone' is used, preceded or followed by any symbol, as
the case requires, such combination shall refer to any area delineated on Schedule 'A' and
designated therein by said symbol.
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7.3
Special Use Provisions
Where any of the Zone symbols described in Section 7.2.1 are shown on Schedule 'A' followed
by a dash and a letter (e.g., R1-a) then special provisions and/or uses to the usual zone
provisions apply to such lands. Such special provisions will be found by reference to that
section of the By-law that deals with that particular zone. Lands designated in this manner shall
be subject to all the restrictions of the zone, except as otherwise provided by the special
provisions.
7.4
Special Holding Provisions
7.4.1 Holding Provisions
The symbol "H" when used in conjunction with a zone symbol (e.g., C1-H) denotes areas in
which the use of land and the erection of buildings or structures will not be permitted in
accordance with provisions for such zone designation. The removal of the holding symbol "H"
by Council By-law will permit the use of land and erection of buildings and structures in
accordance with the zone designation and its provisions. Until such time as the "H" symbol is
removed, any lands so designated may be used for lawfully existing uses. The removal of the
Holding symbol shall not require the holding of a public meeting.
An 'H', 'h', or 'Holding' symbol may be removed when the following conditions have been met:
i)
the owner/developer entering into a Site Plan Control or Subdivider's Agreement
with the Municipality;
ii)
the owner/developer has completed to the satisfaction of the Municipality any traffic
impact assessments, storm water management plans, flood control requirements
and other such studies as required;
iii)
the owner/developer making arrangements for the installation of sanitary or storm
sewer, water or road services;
iv)
the owner/developer receiving final approval for a plan of subdivision or
condominium from the approval authority, and that all the conditions have been met
such that the lots or units are ready for release;
v)
the owner/developer making arrangements for parking or loading spaces, including
a cash-in-lieu for parking;
vi)
the development/redevelopment within any C-Commercial, HCM-Highway
Commercial & Industrial, RCM-Rural Commercial & Industrial, and EX-Extractive
Industrial Zone is in accordance with the design and site criteria established by the
Municipality;
vii)
the owner/developer of lands within the HCM-Highway Commercial & Industrial
Zone demonstrates that the development is space extensive in nature and cannot
reasonably be located in the downtown core due to large lot area, outside storage
or building area requirements.
7.4.2 Enlargements, Alterations, Additions to Existing Buildings or Structures in Zones with
Holding Provisions
Notwithstanding the provisions of Section 7.5.1, alterations, additions, or enlargements to
existing residential buildings or structures and accessory structures will be permitted provided
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such buildings and structures were lawfully used for residential purposes on the date of the
passing of this by-law and provided such alterations, additions or enlargements conform to the
provisions of Section 12 of this by-law.
7.4.3 Limited Municipal service ("lms") Provisions
The symbol "lms" when used in conjunction with a zone symbol (e.g., R2-lms) denotes areas in
which the use of land and the erection of buildings or structures is permitted in accordance with
provisions for such zone designation however recognizing that only limited municipal services
are available to the parcels. (Z-30-2009.68, By-law 2009-87, F&E 13Oct09)
7.4.4
H1 Holding Zone (archaeological potential) (Hobson Z26-2019.62)
Notwithstanding the underlying zoning designation on those lands identified as being subject to the
H1 Holding Zone special provision, lot grading, excavation and/or construction shall not be permitted
unless the H1 Holding Zone Special Provision is removed. The area of the H1 Holding Zone that
may be lifted shall be limited to the area included in an archaeological assessment and may only be
removed by Council upon receiving:
i.
approval from the Zoning Administrator that:
a) an archaeological assessment has been conducted by an archaeologist licensed in the
Province of Ontario, and
b) the appropriate Provincial Ministry has approved and accepted the archaeological
assessment into the Ontario Public Register of Archaeological Reports
c) the recommendations of the archaeological report have been implemented to his/her
satisfaction
NOTE: Consultation with the Municipality is recommended prior to initiating an Archaeological
Assessment.
7.5
Special Provisions for Existing Uses
Where any of the zone symbols described in Section 7.2.1 are shown on Schedule "A" followed
by a dash and a number one, (e.g., R1-1), then such lands so designated shall permit the use of
the land, building or structure which existed at the date of the passage of the by-law. Any
changes of use or expansion, enlargement or change in the use of the land, building or structure
shall conform to the provisions of the applicable zone.
7.6
Incorporation Of Zoning Map
The locations and boundaries of the zones established by this By-law are shown on the maps
appended hereto and which is referred to as Schedule 'A' and comprises the sectional parts of
the zoning map and such maps together with everything shown thereon and all succeeding
amendments thereto are hereby incorporated into and are declared to form part of this By-law.
7.7
Zoning Maps
7.7.1 Boundaries of Zones
Where any uncertainty exists as to the boundary of any zone as shown on the Zoning Map
Schedule, the following provisions shall apply:
(a)
where a zone boundary is indicated as following and is within the boundary of a
road, lane, or watercourse, the boundary shall be the centreline of such road, lane,
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or watercourse.
(b)
where a zone boundary is indicated as approximately following lot lines shown on a
registered plan of subdivision or lot lines of the original Township survey fabric, the
boundary shall follow such lot lines.
(c)
where a zone boundary is indicated as approximately parallel to any road line and
the distance from the road line is not indicated, such boundary shall be construed
as being parallel to such road line, and the distance there from shall be according
to the scale shown on the Zoning Map Schedule.
(d)
where a zone boundary is indicated as following a shoreline, the boundary shall
follow such shoreline and, in the event that the shoreline changes, the boundary
shall be taken as having moved with the shoreline.
(e)
where any zone boundary is left uncertain after application of the provisions of
clauses a), b), c) and d) above, then the boundary shall be determined by the scale
shown on the Zoning Map Schedule measured from the centre of the zone line.
7.7.1.2 Wherever it occurs, the municipal limit is the boundary of the zone adjacent to it.
7.7.2 Precedence of Schedules
In the event of a conflict or inconsistency between Schedule 'A' and another Schedule, the other
Schedule shall take precedence over Schedule 'A' for those lands to which it more particularly
refers.
7.7.3 Roads and Rights-of-Way
A road, public lane, electrical transmission right-of-way, or watercourses shown on Schedule 'A',
unless otherwise indicated, shall be included within the zone of adjoining property on either side
thereof and where such road, public lane, right-of-way or watercourse serves as a boundary
between two or more different zones, the centre line of such road, public lane, right-of-way, or
watercourse, and extending in the general direction of the long dimension thereof, shall be
considered the boundary between zones unless otherwise indicated.
7.7.4 More Than One Zone on a Lot
Where a lot has two or more of its parts classified in different zones, then the provisions for
each zone shall apply to each part as if said part was a separate lot, except that the lot area
requirement for an agricultural use can include the part zoned in a Rural zone and any part that
may be zoned Environmental Hazard.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
57
Section 8 - General Provisions For All Rural Zones - RU
8.1
Provisions For Liquid Manure Storage Facilities
In any Rural Zone, the construction or alteration of a facility used for the storage of liquid
manure shall be constructed or altered in accordance with the following provisions:
(a)
be constructed of:
(i) reinforced concrete or corrosion proof steel using current Ontario Ministry of
Agriculture and Food plans or plans individually stamped by a professional
engineer, or;
(ii) properly compacted clay lining provided that the clay content of soil is over 15%,
the storage facility floor is situated at least 3 feet above bedrock or more
pervious soil.
(b)
have walls that:
(i) extend 1.5 m (4.9 ft) or more above the surrounding grade level; with
continuous fencing of plywood, metal paneling, or other suitable material,
erected on top of or in contact with these walls; extending 1.2 m (3.9 ft) or more
above the top edge of these walls; thus providing a wind-break for a total height
of 1.5 m (4.9 ft) above the surrounding grade level; or
(ii) extend 0.25 m (.09 inches) or more above surrounding grade level; and have a
solid cover of metal paneling or other suitable material erected on top of these
walls; thus, providing an effective top seal for the storage facility, or have
continuous fencing of plywood, metal paneling, or other suitable material,
erected on top of or in contact with these walls; extending 1.5 m (4.9 ft) or more
above the top edge of these walls.
(c)
have a safety sign warning of toxic gases installed at every access;
(d)
be adequate in size to contain the total amount of manure generated in any 200-day
period by the agricultural operation plus any direct precipitation into the tank;
(e)
be sealed to prevent ground water from gaining entrance;
(f)
be erected not less than 60 m (196.8 ft) from any lake, stream, pond, well or other
water source, municipal drain;
(g)
be erected in accordance with the setback requirements of the Agricultural Code of
Practice;
(h)
a covered storage facility shall have:
(i)
access ports that weigh at least 20.4kg (44.9lbs) and are attached by a chain to the
storage top; and
(ii) a cover strong enough to support all vehicles and animal load or be protected by a
safety fence and permanent warning signs.
(i)
an uncovered storage facility have walls or gates that:
(i) extend 1.5m (4.9ft) above adjacent ground level;
(ii) are constructed of concrete or other materials with opening less than 25.8cm
(10 inches) in size; and,
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
58
(iii) have three (3) strands of barbed wire on top if fence is climbable.
(j)
notwithstanding the foregoing paragraphs, liquid manure storage lagoons may be
permitted provided that continuous fencing of plywood, metal paneling, or other
suitable material extending to a height of at least 1.5m (4.9ft) above the surrounding
grade level, is erected around the perimeter of such lagoon and provided that such
lagoon is located not less than 45.7 m (149.9 ft) from any lake, stream, pond,
municipal drain, or the edge of an Environmental Hazard Zone boundary,
whichever is greater.
8.2
Number Of Residential Dwellings Per Lot
Except as otherwise provided, only one dwelling is permitted per lot, whether the dwelling is a
principal building or an accessory building.
8.3
Existing Lots
(a)
In any Rural Zone, an existing lot may be used for any non-residential use permitted
by the applicable zone notwithstanding that such lot may have a lesser lot area
and/or frontage than the minimum required by the applicable zone and provided
that all other provisions of this By-law are complied with.
(b)
In any Rural Zone an existing lot may be used for a residential dwelling
notwithstanding that such lot may have lesser lot area and/or frontage than the
minimum required and provided that such lot and building shall conform to the
provisions for residential uses in the RU1 zone and all other provisions of this by-
law.
8.4
Minimum Separation Distances Between Agricultural And Non-
Agricultural Uses
a) Notwithstanding any other provisions in this By-law, unless explicitly stated to the
contrary, no residential, institutional, commercial, industrial, or recreational use,
building or structure, located or proposed on a separate lot in the zone in which the lot
is located, shall be erected or altered unless it complies with the Minimum Distance
Separation Formulae (MDS I).
b) Notwithstanding any other provisions in this By-law, unless explicitly stated to the
contrary, no livestock facility or manure storage facility shall be erected or expanded
unless it complies with the Minimum Distance Separation Formulae (MDS II).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
59
Section 9 RU1 - Rural Zone 1 (General Rural)
9.1
Uses Permitted
No person shall within the RU1 Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses (HSKP #4, 2022-47):
-
agricultural uses
-
additional residential unit in accordance with Section 6.3.15
-
detached dwelling
-
conservation areas
-
cottage dwelling
-
forestry
-
garden suites in accordance with Section 6.3.15 and subject to requirements of 39.1 of
the Planning Act
-
Home Based Business - bed and breakfast establishment in accordance with Section
6.11
-
Home Based Business - professional uses in accordance with Section 6.7
-
Home Based Business - domestic and household arts in accordance with Section 6.8
-
Home Based Business - rural business in accordance with Section 6.9
-
liquid manure storage facilities in accordance with Section 8.1 and Section 8.4
-
private guest cabin in accordance with Section 6.3.8
-
shipping containers in accordance with Section 6.3.14
-
specialized agricultural uses
-
sod farm
-
tiny homes in accordance with Section 6.3.15 and subject to requirements of 39.1 of
the Planning Act
-
temporary farm accommodation
-
wildlife sanctuaries
-
buildings, structures and uses accessory to a permitted use
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
60
9.2
Zone Provisions
No person shall within the RU1 Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions (HSKP#4, 2022-47):
Provisions
Agricultural Uses
Other uses
minimum lot area
39 ha (96 ac)
0.5 hectares (1.2 ac)
minimum lot frontage
100 m (328 ft)
89.9 m (294.9 ft)
minimum front yard
20 m (65.6 ft
(By-law 2016-43)
20 m 65.6 ft)
(By-law 2016-43)
minimum exterior side yard
30 m (98 ft)
30 m (98 ft)
minimum side yard
20 m (65.6 ft)
10 m (32.8 ft)
minimum rear yard
20 m (65.6 ft)
10 m (32.8 ft)
minimum habitable floor area for detached
dwellings
70 m2 (753 ft2)
70 m2 (753 ft2)
maximum building height detached dwellings
10 m (32.8 ft)
10 m (32.8 ft)
maximum lot coverage
5%
15%
Minimum separation distance from a dwelling to
any structure where animals are housed
30 m (98 ft)
not applicable
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
61
9.3
Special Provisions
RU1-a Lot 4, Conc. 2 (Lindsay)
-
uses shall be limited to a machine shop
-
Parking requirements - 1 space for every 37.2m2 (400ft2) of manufacturing floor space
-
no development shall occur within 5m (16ft) of any part of a sewage disposal system
-
All other setback requirements of the RU1 zone shall apply
RU1-b Lot 39, Con 3 WBR (Eastnor) (10)
Pt Lot 11, Con 3 WBR (Eastnor) (14)
Pt Lot 7, Con 2 WBR (Eastnor) (10)
Pt Lot 15, Con 1 WBR (Eastnor) (18)
Pt Lot 20, Con 5 EBR (Eastnor) (18)
Pt Lot 23, Con 3 EBR (Eastnor) (18)
Pt Lot 25, Con 4 EBR (Eastnor) (18)
Pt Lot 33, Con 2 WBR (Lindsay) (27)
Pt Lot 34, Con 8 EBR (Lindsay) (28)
Pt Lot 33, Con 1 EBR (St. Edmunds) (33)
-
RU1 permitted uses plus contractor's yard in accordance with RCM-Rural Commercial
& Industrial zone provisions excepting front yard setback shall be 30m (98ft)
RU1-c Lot 25, Conc. 4 WBR (Eastnor)
-
RU1 uses plus clothing manufacturing business in an accessory building in accordance
with RCM-Rural Commercial & Industrial zone provisions
RU1-d Exempt from Section 6.15.1 (Frontage on a public road)
RU1-e Pt Lot 13, Conc. 2 EBR (Eastnor) (Weigel Z-56-2012.62, January 28, 2013)
-
Residential uses and home-based businesses shall be prohibited.
RU1-f Lot 31 & 32, Conc. 1 WBR (Eastnor)
-
RU1 permitted uses plus sports camp
RU1-g Pt Lot 29, Conc. 2 WBR (Eastnor)
-
the storage of boats shall be permitted in accordance with RCM-Rural Commercial &
Industrial zone provisions
RU1-i Lot 27, Conc. 1 WBR (Eastnor)
-
RU1 permitted uses and provisions plus two agricultural service dwellings
-
"Agricultural Service Dwelling" shall mean a temporary dwelling unit to provide
temporary sleeping accommodation and sanitary facilities for cooking and with such
unit being serviced by an approved sewage disposal system.
RU1-j Lot 39, Conc. 1 EBR (St. Edmunds)
-
a tourist home and cabins shall be permitted
-
a maximum of four cabins shall be permitted
-
riding academy with buildings and structures accessory to the permitted use shall be
permitted
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
62
RU1-k Pt Lot 12, Conc. 1 EBR (Lindsay)
-
uses shall be limited to the stockpiling and processing of aggregate accessory to a
quarry located on the property abutting the 'EX' zone.
RU1-l Pt Lot 3, Conc. 2 EBR, Lindsay (Hayes)
-
permitted uses shall include:
-
industrial machine shop
-
storage and warehousing of machine tools and parts
-
the placement, alteration or expansion of the uses listed above shall be in accordance
with the provisions of the M1 Rural Industrial zone excepting however that:
a) minimum lot area 1.62 ha (4 acres)
b) minimum lot frontage 122m (400ft)
c)
minimum front yard setback 30.5m (100ft)
RU1-m Lot 39, Conc. 4 WBR (St. Edmunds)
-
uses shall be limited to a telephone switching station
RU1-n Lot 17, Conc. 3 EBR (Eastnor)
-
Commercial wind energy turbine
-
Buildings, structures and uses accessory to a commercial wind energy turbine
-
Setback from Highway 6 - 125m (410ft)
-
Setback from other property lines - 80m (262.5ft)
-
Maximum height of turbine - 120m (393.7ft)
RU1-o Lots 18 and 19, Conc. 3 EBR (Eastnor)
-
Commercial wind energy turbine
-
Buildings, structures and uses accessory to a commercial wind energy turbine
-
Setback from Highway 6 - 125m (410ft)
-
Setback from other property lines - 80m (262.5ft)
-
Maximum height of turbine - 120m (393.7ft)
RU1-p Pt Lot 45, Conc. 3 WBR (St. Edmunds) (Hofstra)
-
Minimum lot area (agricultural uses) - 34.8 ha (86 ac)
-
One driveway off Belrose Road will be permitted.
RU1-q Pt Lot 18, Conc. 2 EBR (Eastnor) (Collins)
-
Construction of any new residential dwelling shall be prohibited
RU1-r Pt Lot 18, Conc. 2 EBR (Eastnor) (Collins)
-
The number of livestock units will be limited to 0.5 livestock units per ac (1.24 livestock
units per ha)
-
Minimum lot frontage 60.0m
-
Minimum front yard setback 19.5m
-
Minimum side yard setback
2.5m (west) and 3.7m (east)
-
Minimum rear yard setback
8.0m
RU1-s Pt Lot 40, Conc. 3 EBR (Eastnor) (Souliere)
-
Maximum of two (2) tourist cabins shall be permitted
-
An artist's studio in accordance with Section 6.9 Home Based Business - Rural
Business shall be permitted
RU1-t Pt Lot 3, Conc. 2 EBR (Lindsay) (Hayes Z-8-2005.66) By-law 2005-52
-
Minimum lot area reduced from 0.5 ha (1.2 ac) to 720 sq.m.(7,750 sq.ft)
RU1-u Pt Lot 3, Conc. 2 EBR(Lindsay) (Hayes Z-8-2005.66) By-law 2005-52, F&E 6 Oct 2005
-
Minimum lot area reduced from 39ha (96ac) to 15.5ha (38.2ac)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
63
RU1-v Pt. Lot 26, Conc. 1 WBR (Eastnor) (Atkinson Farms Z-12-2005.62) By-law 2005-55
-
Reduced minimum distance separation between a livestock facility (Animal Group 3)
and a Type 'B' Land Use (Commercial) from 300 m (984 ft) to 16 m (54 ft)
RU1-w Pt. Lot 15, Conc. 4WBR (Eastnor) (Christiaan & Draper Z-13-2005.62) By-law 2005-56
-
Reduced minimum lot area from 0.5ha (1.2 ac) to 625 sq.m (6,727 sq.ft)
-
Reduced minimum lot frontage shall be permitted from 89.9m (249.9 ft) to 25m(82 ft)
RU1-x Pt. Lot 15, Conc. 4WBR (Eastnor) (Christiaan & Draper Z-13-2005.62) By-law 2005-56
-
Reduced minimum lot area shall be permitted from 39 ha (96 ac) to 15.5 ha(38.2 ac)
RU1-y Pt Lots 2 & 3, Conc. 3 WBR (Eastnor) (Hardman Z-14-2005.62) By-law 2006-02
-
Minimum lot area 34 ha (84 ac)
RU1-z Pt Lots 2 & 3, Conc. 3 WBR (Eastnor) (Hardman Z-14-2005.62) By-law 2006-02
-
Minimum lot area 24 ha (59 ac)
RU1-aa Lots 21 to 23, Con 3 WBR(Lindsay) (Robins Z-15-2008.66) By-law 2006-08
-
Minimum lot area 35ha (87 ac)
RU1-ab Lots 21 to 23, Con 3 WBR(Lindsay) (Robins Z-15-2008.66) By-law 2006-08
-
Permitted front yard setback (agriculture buildings) 20m (66 ft)
RU1-cc 677 West Rd, Pt Lot 4 Conc 3WBR (Eastnor) (Tucker c/o McLeod Z-17-07.62) By-law
2007-45
(replaced by By-Law 2015-49, McLeod Z-25-15.62, see RU1-49-2015a & RU1-49-2015b)
-
Permit a reduced minimum lot area from 39ha (96ac) to 35.6 ha (88ac)
RU1-dd
677 West Rd, Pt Lot 4 Concession 3WBR (Eastnor) (Tucker c/o McLeod Z-17-07.62) By-
law 2007-45
(replaced by By-Law 2015-49, McLeod Z-25-15.62, see RU1-49-2015a & RU1-49-2015b)
-
Reduced minimum front yard setback from 30m (98ft) to 18.3 (60ft) for the existing
detached dwelling
-
Number of livestock units will be limited to 0.5 livestock units per acre (1.24 livestock
units per ha)
RU1-ee East Rd, Lot13 Concession 5 EBR (Lindsay) (Hayes Z-22-2007.66) By-law 2008-46
-
Reduced minimum lot area shall be 33ha (81.5ac)
RU1-ff East Rd, Lot 14 Concession 5 EBR (Lindsay) (Hayes Z-23-2007.66) By-law 2008-4
-
Reduced minimum lot area shall be 33ha (81.5ac)
RU1-2011-49 3088 Bruce Rd 9; Pt Lot 25 Con 4EBR (Eastnor) (Bridge Z-13-11.52)
In addition to the uses permitted in the RU1 zone, a commercial kitchen for processing
agricultural products grown on site is permitted, subject to the provisions of Section 6.9 Home
Based Business - Rural Business.
RU1-2011-71-H 475 Forty Hills Rd; Lot 3 Con 4EBR (Lindsay) (Hayes Z-22-11.66)
-
A reduced minimum lot frontage from 100m (328ft) to 20m (66ft) shall be permitted.
-
The holding can be removed once the developer has prepared an Environmental
Impact Study to the satisfaction of the Municipality that demonstrates that the proposed
development will not have a negative impact on the natural features or ecological
functions for which the area has been identified through the Smoky Head - White Bluff
ANSI.
RU1-2012-17 Bartley Dr; Lot 41 Con 8EBR (Lindsay) (Warwyck Z-84-11.66)
-
A reduced minimum lot area from 39 ha (96 ac) to 38.2 ha (94.5 ac)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
64
RU1-2012-40 Hwy 6, Pt Lot 37 Con 1 WBR (St Edmunds) (McAfee A-18-12.68)
-
That a kennel is a permitted use within the area zoned as RU1-2012-40
RU1-2013-02 Pt Lot 13, Conc. 2 EBR (Eastnor)
-
Livestock units shall be limited to 0.5 units per hectare (1.24 units per acre).
-
Minimum front yard setback for the dwelling existing at the date of passage of this by-
law shall be 19.5m (64')
-
Minimum rear yard setback for the barn existing at the date of passage of this by-law
shall be 7.5m (24.6')
RU1-2013-16 The Bury Rd; Lot 4 Con 1EBR (Eastnor) (Cunningham Z-59-12.62)
-
Minimum lot area shall be 16.2 ha (40 ac)
RU1-2013-17 Pike Bay Rd; Lot 5 Con 1EBR (Eastnor) (Cunningham Z-59-12.62)
-
Minimum lot area shall be 18.92 ha (46.4 ac)
RU1-70-2014a 2001 Bury Rd; Lots 1 and 2 Concession 1WBR (Lindsay) Caesar Z-43-14.66
i.
Minimum frontage shall be 17.9 metres (58.7 feet)
ii.
Maximum number of livestock units shall be 0.5 livestock units per hectare (1.24 units
per acre)
RU1-70-2014b 2001 Bury Rd; Lots 1 and 2 Concession 1WBR (Lindsay) Caesar Z-43-14.66
-
Maximum number of livestock units shall be 0.5 livestock units per hectare (1.24 units
per acre)
RU1-70-2014b H1
Notwithstanding their underlying zoning designation, on those lands identified as being subject
to the "H1" holding zone provision, lot grading; excavation; and/or construction shall not be
permitted unless the Holding (H1) zone provision is removed. The area of the H1 zone that may
be lifted shall be limited to the area included in an archaeological assessment and may only be
removed by Council upon:
1) Approval by the Zoning Administrator of an Archaeological Assessment which has
been:
(a) conducted by an archaeologist licensed in the province of Ontario; and
(b) confirmed by the appropriate Ministry to have been accepted into the Ontario Public
Register of Archaeological Reports;
2) Confirmation to the satisfaction of the Zoning Administrator that the recommendations
of the archaeological report (if any) have been implemented.
NOTE: Consultation with Municipal and Conservation Authority is recommended prior to
initiating an Archaeological Assessment
RU1-20-2015 Part Lot 36 Concession 2 EBR (Eastnor) Rydall c/o Cuesta By-law 2015-21
i.
Minimum lot area shall be 35.3 hectares (87.2 acres)
RU1-47-2015 1048 West Rd; Part Lot 13 Concession 2 WBR (Eastnor) Henderson Z-21-15.62 By-law
2015-47
i.
Minimum lot area shall be 37 hectares
In addition to RU1 provisions:
ii. Maximum front yard setback for the buildings and structures shall be 100 metres
iii. Maximum cleared building area shall be 0.4 hectares
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
65
RU1-49-2015-a 677 West Road; Part Lot 4 Concession 3 WBR (Eastnor) McLeod Z-25-15.62
Notwithstanding Section 9, those lands delineated as RU1-2015-a on Schedule A to tis By-law
may be used in compliance with the RU1 zoning provisions contained in this By-law excepting,
however, that
i.
Minimum lot area shall be 35.6 ha (88 acres)
ii. Minimum front yard setback from the existing detached dwelling shall be 18.3 m (60 ft).
RU1-49-2015-b 671 West Road; Part Lot 4 Concession 3 WBR Plan 3R8674 Part 1 (Eastnor) McLeod
Z-25-15.62
Notwithstanding Section 9, those lands delineated as RU1-2015-b on Schedule A to tis By-law
may be used in compliance with the RU1 zoning provisions contained in this By-law excepting,
however, that
i. Minimum lot frontage shall be 80.2 m (263 feet)
RU1-59-2015a Concession 1 EBR Part Lot 33, Plan 3R1830 PART 2; and Plan 3R4252 PART 1 (St
Edmunds) Buckley c/o Burns Z-36-15.68
i.
Minimum lot area shall be 10.4 hectares (24.5 acres)
RU1-59-2015b Concession 1 EBR Part Lot 33, Plan 3R1830 PART 2; and Plan 3R4252 PART 1 (St
Edmunds) Buckley c/o Burns Z-36-15.68
i.
Maximum front yard setback for buildings and structures shall be 100m (328 feet)
ii. Maximum cleared building envelope shall be 4,000m2 (1acre)
RU1-70-2016 Concession 4 EBR Parts Lot 9 (Lindsay) Hayes Estate Z-74-16.66
Notwithstanding Section 9, those lands delineated as 'RU1-70-2016 on Schedule "A" to this By-
law may be used in compliance with the RU1 zoning provisions contained in this By-law
excepting however that
i.
the minimum lot size shall be 37.8 ha (93.5 ac)
RU1-02-2017a Concession 2 EBR Lot 28 (Eastnor) Mielhausen Z-70-16.62
i.
minimum lot frontage shall be 77.7 metres (255 feet)
ii.
minimum front yard setback for the dwelling existing on October 11, 2017 shall be 18.3
metres (660 ft)
iii.
minimum side yard setback for the shed existing on October 11, 2017 shall be 0.9
metres (2.95 feet)
iv.
entire property is designated as a site plan control area under Section 41 of the
Planning Act
RU1-02-2017b Concession 2 EBR Lot 28 (Eastnor) Mielhausen Z-70-16.62
i.
residential uses shall be prohibited
RU1-9-2018a Concession 2 EBR Part Lot 21 (Eastnor)-Forbes 2-71-17.62
i.
residential uses shall be prohibited
ii.
minimum lot area shall be 38 hectares (95 acres)
RU1-9-2018b Concession 2 EBR Part Lot 21 (Eastnor) Forbes Z-71-17.62
i.
livestock is limited to 1.25 nutrient units per hectare (0.5 NU per acre). MDS guidelines
shall apply
ii.
minimum lot area shall be 0.4 hectares (1 acre)
iii.
minimum lot frontage shall be 42.6 metres (140 feet)
iv.
Minimum setback from the west lot line for the accessory building existing as of the
date of passage of this by-law shall be 1.2 metres (4 feet)
The entire property is designated as a site plan control area under Section 41 of The Planning
Act, R.S.O. 1990, as amended.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
66
RU1-82-2018-lms Blocks A and B Lots 3-6 Plan M-69 (Eastnor) Taylor Z-56-17.62
i.
The minimum lot area shall be one (1) hectare
ii.
Permitted uses include forestry and agriculture
RU1-82-2018-lms/H Blocks A and B Lots 3-6 Plan M-69 (Eastnor) Taylor Z-56-17.62
i.
Permitted uses prior to the lifting of the Holding provision include forestry, agriculture
and any other RU1 permitted uses that do not involve development or site alteration
ii.
The Holding provision may be removed by Council upon:
a) Approval by the Zoning Administrator of an Archaeological Assessment which has
been:
1. conducted by an archaeologist licensed in the Province of Ontario; and
2. confirmed by the appropriate Ministry to have been accepted into the Ontario
Public Register of Archaeological Reports
b) Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the Archaeological Report (if any) have been implemented
RU1-11-2019 Eastnor Concession 4 EBR, Pt Lot 40, Part 3 Plan 3R3226, 87 Caudle Sideroad (Hepburn
Z72-2018.62)
i.
a contractor's yard - contracting business is a permitted use subject to the following:
a) minimum setbacks:
-
110 m from the north lot line
-
5 m from the east lot line (a reduction from the required interior side yard setback of 10 m)
-
65 m from the west lot line
-
227 m from the south lot line
ii.
a maximum 233 sq.m (2,500 sq.ft) building may be erected and used as storage for
contracting equipment and building materials
iii.
outdoor storage of contracting equipment and building materials is permitted south of the
storage building to a maximum area of 233 sq.m (2,500 sq.ft)
iv.
a planting area for the outdoor storage area shall be provided subject to the provisions of
Section 6.22, Planting Area, of the Comprehensive Zoning By-law No. 2002-54, as
amended
v.
The entire property is designated as a site plan control area under Section 41 of The
Planning Act, R.S.O. 1990, as amended.
RU1-06-2020a Lindsay Concession 1 EBR Lot 3, 2026 The Bury Road (Ceaser Z56-2019.66)
i.
front yard of 15 meters for the existing residence is recognize
ii.
livestock is limited to 1.25 nutrient units per hectare (0.5 NU per acre) and MDS
guidelines apply
RU1-06-2020b Lindsay Concession 1 EBR Lot 3, 2026 The Bury Road (Ceaser Z56-2019.66)
i.
residential uses are prohibited
ii.
minimum lot area shall be 37 hectares
NOTE: H1 Holding Zone (Archaeological Potential) provides that:
Notwithstanding the underlying zoning designation on these lands identified as being subject to the H1
Holding zone provision, lot grading, excavation and/or construction shall not be permitted unless the H1
Holding zone provision is removed. The area of the H1 Holding (H) zone that may be removed shall be
limited to the area included in an Archaeological Assessment and may only be removed by Council
upon receipt of the following:
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
67
1.
Approval by the Zoning Administrator of an Archaeological Assessment which has been:
a) conducted by an archaeologist licensed in the Province of Ontario, and
b) confirmed by the appropriate Ministry to have been accepted into the Ontario Public
Register of Archaeological Reports, and
2. Confirmation to the satisfaction of the Zoning Administrator that the recommendations
of the archaeological report, if any, have been implemented.
NOTE: Consultation with the Municipality and the Grey Sauble Conservation Authority (GSCA) is
recommended prior to initiating an Archaeological Assessment.
RU1-08-2020 - Eastnor Concession 5 WBR Part Lot 15, Parts 1 and 2, Plan 3R-7037 - 625 Little Pike Bay
Rd, (Lin c/o Zhang Z33-2019.62)
i.
minimum exterior side yard setback for dwelling - 15 meters
ii.
minimum lot frontage - 76.2 meters
RU2-05-2021 Eastnor Concession 2 EBR Part Lot 25 (Mielhausen c/o Carrey Z-66-19.62)
i.
minimum lot area is 31 ha
RU1-81-2021 Lindsay Concession 5 EBR Part Lot 5 RP 3R4351 PART 1 (Kerton Z-2021-062)
i.
In addition to the uses permitted in the RU1 zone, a commercial kitchen for processing
agricultural products grown on site is permitted subject to the provisions of Section 6.8 Home
Based Business - Domestic & Household Arts, except that the use is permitted in an
accessory structure.
ii.
Notwithstanding Section 6.3.2, the number of accessory structures permitted shall be four.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
68
Section 10 RU2 Rural Zone 2 (Restricted Rural)
All uses permitted in the RU1 zone under Section 9.1 are permitted in the RU2 zone except intensive
agricultural uses and liquid manure storage facilities. The zone provisions of Section 9.2 shall apply to
the RU2 zone.
10.1 Special Provisions
RU2-a Exempt from Section 6.15.1 (Frontage on a public road)
RU2-b Pt. Lot 34, Conc. 8 EBR (Lindsay)
RU2 permitted uses and provisions except:
-
Max. number of guest rooms in Bed & breakfast establishment shall be 7
-
Max. number of guests shall be 14
RU2-c Lot 33 & 34, Conc. 9 EBR (Lindsay).
RU2 permitted uses and provisions plus:
-
craft store
-
restaurant
-
One exterior sign is permitted for advertising
RU2-e Pt Lot 25, Con 2 WBR (Lindsay) (Mosiuk)
-
Outside storage/display of goods shall be permitted in accordance with Section 6.28
Open Storage Commercial and Industrial Zones
-
The outside/storage display shall be limited to goods (garden sheds and lawn furniture)
produced on site
-
Reduced font yard setback to 8m (26ft) - reduced front yard setback will apply only to
the storage/display of goods produced on site and not to any permanent buildings or
structures that require a building permit.
RU2-f Lot 1, Con 4 WBR (Eastnor) (Meagher)
-
Permitted uses shall be limited to forestry, conservation areas and wildlife sanctuary.
-
Buildings and structures shall be prohibited.
RU2-g Part Lot 95, Plan 385, 2493 Bruce Rd 9 (Eastnor) Madill Z-6-2005.62, By-law 2005-35
-
minimum lot area shall be increased from 0.5ha (1.2 ac) to 2.73ha (6.75ac)
-
construction of a detached dwelling in accordance with Section 10.2 (R1 zone
provisions) shall be permitted
RU2-i 1519 West Rd; Pt Lts 24/25 Con 3WBR (Eastnor) Thistle Z-33-2008.62, By-law 2009-03
a. minimum lot area shall be reduced from 39ha (96ac) to 22 ha (54ac).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
69
RU2-j-H Pt Lot 51 Con 1WBR, RP 3R5992 Pt 1 (St Edmunds) Rowland Z-76-09.68 Bylaw 2010-60,
Marcotte Z-17.68 Bylaw 2017-31
a. Provisions of an Environmental Impact Study to the satisfaction of Grey Sauble
Conservation Authority and the County of Bruce, that justifies the removal of the
Holding symbol
b. Provision of a Site Servicing Report to the satisfaction of the appropriate approval
authority.
RU2-2012-35 Pt Lt 4 Town Plot Bury WBR, Plan 3R8342 Pt 1 (St Edmunds) Blue Heron Z-52-11.68
a. Permitted uses shall be limited to those existing on the date of passing of this by-law.
b. Any further development will require an Environmental Impact Study to address the
natural heritage and hazard features on the subject and adjacent properties.
RU2-H-02-2014 Part Lot 20 Concession 5 WBR (Eastnor) Weatherhead, Z-43-12.62
a. The Holding (H) Zone symbol shall be removed only upon submission for approval of a
septic system design by a qualified person which provides treatment to nitrate levels of less
than 2.5mg/L at the down gradient of the property boundary.
All uses permitted in the RU1 zone under Section 9.1 are permitted in the RU2 zone except
intensive agricultural uses and liquid manure storage facilities. The zone provisions of Section
9.2 shall apply to the RU2 zone.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
70
Section 11 - General Provisions For All Residential Zones
11.1
Number Of Buildings Per Lot
Except as otherwise provided, not more than one dwelling shall be permitted on any one lot in
any Residential Zone.
11.2
Existing Lots
In any Residential Zone where an existing lot has a lesser area and/or frontage than required in
the applicable Residential Zone, such lot may be used in accordance with the applicable zone
provided that all other provisions of this By-law are complied with.
11.3
Parking Requirements
Off-Road Parking shall be provided in accordance with Section 6.31.
11.4
Servicing Requirements
Unless stated to the contrary, all residential zones within the areas shown on Schedule 'B' to
this by-law shall be connected to municipal water and/or sewer servicing as the case may be.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
71
Section 12 R1 - Provisions For Residential Zone 1 (Detached
Residential)
12.1 Uses Permitted
No person shall within the R1 Zone use any lot or erect, alter or use any building or structure for any
purpose except for one or more of the following uses:
-
a detached dwelling
-
additional residential unit in accordance with Section 6.3.15
-
garden suites in accordance with Section 6.3.15 and subject to requirements of 39.1 of
the Planning Act.
-
tiny homes in accordance with Section 6.3.15 and subject to requirements of 39.1 of the
Planning Act.
-
Group Home - Type 1
-
Home Based Business - Bed and breakfast establishment in accordance with Section 6.11
-
Home Based Business - Professional Uses in accordance with Section 6.7
-
Home Based Business - Domestic and household arts in accordance with Section 6.8
-
Home Based Business - Contractors and Trade Persons in accordance with Section 6.10
-
buildings, structures and uses accessory to a permitted use in accordance with Section 6.3
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
72
12.2 Zone Provisions
No person shall within any R1 Zone use any lot or erect alter or use any building or structure except in
accordance with the following provisions (HSKP #4, 2022-47):
Provisions
No municipal water
or sewer
Municipal water or
sewer
Municipal water
and sewer
minimum lot area
3000 m2 (32,292.7 ft2)
1500 m2 (16,146 ft2)
550 m2 (5920 ft2)
minimum lot frontage
35 m (114.8 ft)
30 m (98 ft)
18 m (59 ft)
minimum lot frontage corner lot
43 m (141 ft)
22 m (72 ft)
18 m (59 ft)
minimum front yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum exterior side yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum side yard
3 m (9.8 ft) (b)
3 m (9.8 ft) (b)
3 m (9.8 ft) (a)
minimum rear yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft) (d)
minimum habitable floor area for
detached dwellings
70 m2 (753 ft2)
70 m2 (753 ft2)
70 m2 (753 ft2)
maximum building height main
building
10 m (32.8 ft)
10 m (32.8 ft)
10 m (32.8 ft)
maximum height accessory
building
5 m (16 ft)
5 m (16 ft)
5 m (16 ft)
maximum lot coverage
15%
25%
35%
Footnotes
(a)
Where no garage, carport or similar parking structure is provided, one side yard of
at least 3 m (9.8 ft) shall be provided.
(b)
For existing lots with a frontage of 20.1m (65.9ft) or less, the minimum side yard
requirements for one side yard may be reduced to 1.5m (4.9ft).
(c)
For existing lots with a lot area less than 3000m2 (32,292.7ft2), the maximum
permitted lot coverage may be 20 % provided the ground floor area of any dwelling
does not exceed 307m2 (3304.6ft2).
(d)
Where a single-family dwelling is located on a corner lot the rear yard requirement
may be reduced to a minimum of 5m (16ft).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
73
12.3 Special Provisions
R1-a
Exempt from Section 6.24.2 (Natural Watercourse Setbacks)
R1-b
Pt 1, RP 3R 5694 (Lion's Head)
-
Permitted uses include Orchard, Production of flowers and other plant material
-
One accessory building not exceeding 500 sq ft. permitted prior to construction of
dwelling
R1-c
Part Block 1, Town Plot Bury EBR (St. Edmund's) (35)
-
Permitted uses include fish processing and sales as a secondary use to a permitted use
R1-d
Part Lot 50, Con 1 WBR (St. Edmund's) (34)
Permitted uses:
-
mobile home park
-
detached dwelling accessory to a mobile home park
-
mobile home buildings, structures and uses accessory to a permitted use, including an
administrative and sales office for a mobile home park and a mobile home park
recreation building
-
sewage disposal system
Zone provisions:
Minimum park area
4 ha (10 ac)
Minimum park planting area
20 m (66 ft)
Minimum open space and recreation area
10 % of park area
Minimum front yard
7.5 m (25 ft)
Minimum side yard
7.5 m (25 ft)
Minimum rear yard
7.5 m (25 ft)
Provisions for mobile home lots and accessory lots:
Minimum lot area (1 communal service)
1500 m2 (16140 ft2)
Minimum lot area (2 communal services)
550 m2 (6000 ft2)
Minimum lot planting area
2 m (6 ft)
Minimum separation from mobile home
10 m (33 ft)
Minimum ground floor area
37 m2 (398 ft2)
Maximum ground floor area
60m2 (650 ft2)
Minimum front yard
5 m (16 ft)
Minimum side yard
2 m (6 ft)
Maximum height
4 m (13 ft)
Maximum height for accessory structures
5 m (16 ft)
Provisions for mobile home park roads - All roads within a mobile home park shall have a
minimum width of 10 m (33 ft) and shall be constructed and maintained in such a manner as to
eliminate dust.
Provisions for accessory detached dwelling - One detached dwelling may be constructed and
shall be accessory to a mobile home park and such dwelling shall be used only as the principal
residence for an owner, manager or caretaker of the mobile home park and shall comply with
the provisions of Section 6.4 of this By-law.
Park Planting and Lot Planting Areas - Park planting and lot planting areas as provided for in
Section 6.22 shall be provided along the front, side and rear lot line.
R1-e
Part Lot 47, Con 1WBR (St. Edmunds) Watson Z-5-2005.68, By-law 2005-30
Zone provisions: minimum lot area shall be 1.39 ha(3.44ac)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
74
R1-f
Part Lot 47, Con 1WBR (St. Edmunds) Watson Z-5-2005.68, By-law 2005-30
Zone Provisions: minimum lot area shall be 3.06 ha (7.57 ac)
R1-37-2013 11 Moore St; D7 Unit 83-86 SECTION D & PCL 83-1 (Lions Head) Duronio Z-02-2013.64
i.
An accessory detached dwelling unit shall be a permitted use.
ii.
The accessory detached dwelling unit shall be a one (1) bedroom unit and shall have
an habitable floor area not exceeding 69.68 m2 (750 ft2).
R1-53-2013a 659 Stokes Bay Rd; Plan D21, Units 1 and 2 (Eastnor) Walker Z-21-2013.62
i.
Minimum rear yard setback from the dwelling existing on July 8, 2013 shall be 2 meters
(6.6ft)
ii.
Minimum habitable floor area for the dwelling existing on July 8, 2013 shall be 70 m2
(753 ft2)
R1-53-2013b 649 Stokes Bay Rd; Plan D21 Units 3 & 4 and Part Unit 2 (Eastnor) Walker Z-21-
2013.64
i.
Minimum lot frontage shall be 17.7 meters (58 ft)
ii.
Minimum habitable floor area for the dwelling existing on July 8, 2013 shall be 70m2
(753ft2)
R1-55-2014
85-89 Main St; Plan D3 Unit 11 (Lions Head) Hill Z-17-09.64, 11 August 2014
i.
A "Tourist Home" shall be an additional permitted use;
ii.
A "Tourist Home" in this zone shall be limited to four (4) guest rooms.
R1-87-2019 Eastnor Concession 3 EBR Part Lot 26, 3231 Bruce Road 9 (Mielhausen Z43-2019.62)
i.
minimum lot frontage shall be nine (9 m) meters
ii.
the property is subject to Site Plan Control under Section 41 of the Planning Act
R1-55-2020 McNeil and Sylvia Streets - Lot 1 (1374275 Ontario Ltd. / Richardson Z2020-12)
i.
Minimum lot area shall be 1400 m2
ii.
Residential uses shall be serviced by municipal sanitary sewer or a tertiary sewage disposal
system that is certified to meet the specifications of the CAN/BNQ 3680-600 NI standard (50%
nitrate removal), as amended from time to time.
R1-61-2020 - St Edmunds Concession 1 EBR, Part Lot 45, 8 Little Cove Road (Palmisano Z-2020-011)
i.
All development shall be contained within a building envelope defined by the following
setbacks:
a) 23.0 meters from the front lot line
b) 10.4 meters from the side lot lines
c) 33.9 meters from the rear lot line
ii.
Except for a driveway to access the building from Little Cove Road, site alteration and
development outside of the building envelope is prohibited.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
75
Section 13 - R2- Provisions For Residential Zone 2 (Resort Residential)
13.1 Uses Permitted
No person shall within the R2 Zone use any lot or erect alter or use any building or structure for
any purpose except for one or more of the following uses:
-
a cottage dwelling
-
a detached dwelling
-
additional residential unit in accordance with Section 6.3.15
-
one private guest cabin accessory to a permitted use
-
Home Based Business - Bed and breakfast establishment in accordance with Section
6.11
-
Home Based Business - Professional Uses in accordance with Section 6.7
-
Home Based Business - Domestic and household arts in accordance with Section 6.8
-
Home Based Business - Contractors and Trade Persons in accordance with Section
6.10
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3
13.2 Zone Provisions
No person shall within any R2 Zone use any lot or erect, alter or use any building or structure
except in accordance with the provisions of Section 12.2 (Detached Residential Zone) of this
By-law.
13.2.1 Notwithstanding the provisions of Section 12.2 (Detached Residential Zone) of this by-law,
the minimum lot area permitted within the R2 (Resort Residential) Zone shall be as
follows:
No Municipal Water or
Sewer
Municipal Water or
Sewer
Municipal Water
and Sewer
minimum lot area
waterfront lots
3000m2 (32,292.7ft2)
1500m2 (16,146ft2)
550 m2 (5920 ft2)
minimum lot area
back-lots
8000m2 (86,114ft²)
2000m2 (21,528.5ft2)
550 m2 (5920 ft2)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
76
13.2.2
Provisions for Island Development
Despite Section 13.2, no person shall erect and/or use any building or structure on an island
except in accordance with the following provisions.
Provisions
Residential
Minimum Lot Area above the High Water Mark
2ha (4.9ac)
Minimum Building Setback from the High Water Mark
15m (49ft)
Minimum Ground Floor Area
50m2 (538ft2)
Maximum Building Height Main Building
10m (32.8ft)
Maximum Building Height Accessory Building
5m (16ft)
Maximum Number of Accessory Buildings
3
Maximum Lot Coverage
8 %
13.2.3
Existing lots - Islands
Existing lot on an island which have a lesser area than required by this By-law may be used in
accordance with the provisions of this section provided that the lot area is not less than 3,000
m2 (32,292.7 ft2) and provided all other zone provisions are satisfied save and except for the
requirements of Section 6.15 "Frontage on a Public Road".
13.2.4 Development of Islands not attached to the mainland may be serviced with a Class One
sewage disposal system.
13.3 Special Provisions
R2-a Exempt from Section 6.15.1 (Frontage on a public road)
R2-b Pt Lot 24, Con 1 WBR (Lindsay)
Pt Lot 16, Con 6 WBR (St. Edmunds) (5)
-
R2 zone permitted uses plus engine repair business
R2-c Pt Lot 30, Con 5 EBR (Eastnor) (19)
-
R2 permitted uses plus contractor's yard/workshop
R2-d Pt Lot 28, Con 3 WBR (Eastnor)
Pt Lot 18, Con 7 EBR (Eastnor) (18)
-
Exempt from Section 6.15.1 (Frontage on a public road) and 6.24.2 (Natural
Watercourse Setbacks)
R2-e Pt Lots 110 & 111, Reg. Plan 433, Pt 1, 3R-1005 (St. Edmunds)
-
Minimum building opening elevation of 178.2 m G.S.C.
-
Minimum setback from EH (Environment Hazard) zone of 6.5 m (21.3ft)
-
Minimum elevation to be equal to or above 177.6 m G.S.C. between the retaining wall
and the building site.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
77
R2-f Pt 7, 3R-6540, Pt 1, 3R-6540, Pt Lot 25, Con 8 WBR (Lindsay) (7)
-
All buildings and structures must be setback a minimum horizontal distance of 30 m
from the high-water mark (177.8 G.S.C)
-
All habitable building openings be flood proofed to the 179.1 G.S.C. elevation
-
Site development shall be regulated through a site plan agreement, with the site plan
agreement including provisions for limiting negative impacts on the ANSI.
R2-g Lot 18, Con 7 WBR (Lindsay) (8) (Vespasiano)
-
Front yard setback
7.5 m (24.6 ft)
-
Side yard setback
15 m (49.2 ft)
-
Rear yard setback
152.5 m (500.3 ft)
-
Building envelope
30 m x 50.6 m (98.4 ft x 165.9 ft)
R2-I-2014 Lot 18, Con 7 WBR (Lindsay) (8) (Vespasiano Bylaw 27-2014)
-
Front yard setback
39.4 m (129 ft)
-
Side yard setback
26.3 m (east), 51.3m (west) (50ft, 168ft)
-
Rear yard setback
180.4 m (592 ft)
-
Building envelope
20 m x 40 m (66 ft x 131.2 ft)
-
The entire property is designated as a site plan control area under Section 41 of the
Planning Act. No development shall occur except in compliance with a Site Plan
Control Agreement registered on title of the property.
R2-j Placement of buildings or structures is prohibited
R2-k Pt Lot 24, Con 1 WBR (Lindsay) (26)
-
Setback from water's edge - 15 m (49.2 ft)
R2-m Pt Lot 16, Con 7 WBR (St. Edmunds) (5)
-
Minimum elevation be equal to or above 177.6 m between the retaining wall and
building site
-
Minimum building opening elevation of 178.2 m
-
Minimum setback from EH - 6.5 m (21.3 ft)
R2-n Pt Lot 40, Con 2 EBR (Lindsay) (27)
-
Minimum setback from high water mark - 30 m (98 ft)
R2-o Lot 5, Plan 623 (Pt Lot 35, Con 4 WBR) (St. Edmunds) Campbell
-
Professional office in accordance with the provisions of Section 6.7 Home Based
Business - Professional Uses
-
430 sq ft professional office shall be permitted in an accessory building
-
Maximum number of employees permitted within the professional office who are not
residing in the associated residence: two (2)
R2-p
Lot 1, Con 4 WBR (Eastnor) (Meagher)
-
Minimum lot area shall be no less than 6 070 m2 (65 340 ft2).
R2-t
Pt Lot F, Con 4 WBR Town Plot of Hardwick (Eastnor)
-
Minimum front yard setback
10 m (32.8 ft)
-
Minimum rear yard setback
11.1 m (36.7 ft)
-
Minimum north side yard setback
11.6 m (38.1 ft)
-
Minimum south side yard setback
8 m (26.2 ft)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
78
R2-u
Town Plot Bury WBR Block 14 (St Edmunds) (Matheson Z-18-06.68) By-Law 2008-48
-
Buildings and structures shall be restricted to the 40 m by 40 m building envelope as per
Schedule 'A' attached hereto.
a. The building envelope will be setback 82 ft from the front lot line and 20 ft from the
northern side lot line.
-
All development outside of the building envelope including grading and site alterations
other than those needed to provide access to the building envelope are prohibited.
-
Any future proposed development outside of the building envelope will require the
completion of an environmental impact study to the satisfaction of the Grey Sauble
Conservation Authority and the Municipality of Northern Bruce Peninsula.
R2-v
Plan 630 Lot 65, Eastnor (Enman c/o Brooks Z-19-2008.62) By-Law 2008-25
-
Minimum rear yard setback shall be reduced to 3.0m (9.8ft)
R2-w Town Plot Bury WBR Block 14 (St Edmunds) Matheson Z-18-06.68 By-Law 2008-48
-
Buildings and structures shall be restricted to the 40 m by 40 m building envelope as per
Schedule 'A' attached hereto.
b. The building envelope will be setback 295 ft from the front lot line and 21 ft from the
northern side lot line.
-
All development outside of the building envelope including grading and site alterations
other than those needed to provide access to the building envelope are prohibited.
-
Any future proposed development outside of the building envelope will require the
completion of an environmental impact study to the satisfaction of the Grey Sauble
Conservation Authority and the Municipality of Northern Bruce Peninsula.
R2-x
Town Plot Bury WBR Block 14 (St Edmunds) Matheson Z-18-06.68 By-Law 2008-48
-
Buildings and structures shall be restricted to the 40 m by 40 m building envelope as per
Schedule 'A' attached hereto
a. The building envelope will be setback 213 ft from the front lot line and 82 ft from the northern
side lot line.
-
All development outside of the building envelope including grading and site alterations
other than those needed to provide access to the building envelope are prohibited.
-
Any future proposed development outside of the building envelope will require the
completion of an environmental impact study to the satisfaction of the Grey Sauble
Conservation Authority and the Municipality of Northern Bruce Peninsula.
R2-y
Town Plot Bury WBR Block 14 (St Edmunds) Matheson Z-18-06.68 By-Law 2008-48
-
Buildings and structures shall be restricted to the 40 m by 40 m building envelope as per
Schedule 'A' attached hereto.
a. The building envelope will be setback 99 ft from the front lot line and 73 ft from the northern
side lot line.
-
All development outside of the building envelope including grading and site alterations
other than those needed to provide access to the building envelope are prohibited.
-
Any future proposed development outside of the building envelope will require the
completion of an environmental impact study to the satisfaction of the Grey Sauble
Conservation Authority and the Municipality of Northern Bruce Peninsula.
R2-z
Plan 3M161 Lot 4 (St Edmunds) Moore Z-59-08.68 By-Law 2008-52
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
79
-
The minimum lot frontage shall be reduced to 21 meters (69ft).
-
All buildings outside of the EH zone shall have a minimum building opening at or above
179.5m G.S.C.
-
The side yard setback along the southern lot for all buildings and structures shall be 15
meters (49ft).
R2-aa Part Lot 28 Concession 3WBR Pt Lot 68 Plan 630, RP 3R3629 (Eastnor) Brooks Z-3-06.62
By-law #2009-12
-
The Minimum Lot size is 4,200 square metres.
R2-bb Part Lots 10/11 Concession 7 WBR (Eastnor) Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62
OMB Decision PL100502/100503
-
Notwithstanding Section 13.1, delineated as R2-bb shall be used in compliance with the R2
Zone Provisions contained in this by-law excepting that:
i.
Permitted uses shall be limited to:
-
a detached dwelling
-
a Home-Based Business - Professional Uses in accordance with Section 6.7
ii.
Buildings, structures and uses accessory to a permitted use in accordance with
Section 6.3
R2-bc Part Lots 10/11 Concession 7 WBR (Eastnor) Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62
OMB Decision PL100502/100503
-
Notwithstanding Section 13.1, delineated as R2-bc shall be used in compliance with the R2
Zone Provisions contained in this by-law excepting that:
i.
The two non-habitable structures used for boat and equipment storage and maintenance
existing of the day of passage of this By-law shall be permitted notwithstanding that a
principal building does not exist on the property.
R2-bd Part Lots 10/11 Concession 7 WBR (Eastnor) Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62
OMB Decision PL100502/100503
-
Notwithstanding Section 13.1, delineated as R2-bd shall be used in compliance with the R2-bb
Zone Provisions contained in this by-law excepting that:
i.
The 'minimum lot frontage' shall be 10.1m. For the purposes of this paragraph, "lot
frontage" shall mean the distance, using a straight line, between the two side lot lines
at the points where the said lines adjoin the front lot line.
ii.
One driveway providing access to a building or structure and associated parking area
on the Lot shall be permitted.
*Explanatory Note: This note does not form part of this By-law and is intended
to provide additional relevant information concerning lands in this zone. These
lands are subject to an application to approve a Plan of Subdivision at the time of
passing and will be subject to additional requirements through Conditions of Draft
Plan Approval, or a Subdivision Agreement that will directly relate to the use of
the lands, and the erection of buildings or structures on the lands.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
80
R2-be Part Lots 10/11 Concession 7 WBR (Eastnor) Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62
OMB Decision PL100502/100503
-
Notwithstanding Section 13.1, delineated as R2-bd shall be used in compliance with the R2-bb
Zone Provisions contained in this by-law excepting that:
i.
The 'minimum lot frontage' shall be 24.9m. For the purposes of this paragraph, "lot
frontage" shall mean the distance, using a straight line, between the two side lot lines at the
points where the said lines adjoin the front lot line.
R2-52-2012
153 Little Pine Dr; Pt Lot 24 Con 8WBR (Lindsay) Porto Z-85-11.66
-
A reduced minimum lot frontage from 35 m (114.8 ft) to 24.5 m (80 ft) shall be permitted.
R2-53-2012
153 Little Pine Dr; Pt Lot 24 Con 8WBR (Lindsay) (Porto Z-85-2011.66)
-
A reduced minimum lot frontage from 35 m (114.8 ft) to 21.5 m (70 ft) shall be permitted.
R2-62-2012
Donald St; Pt Lot 21 Con 8WBR (Lindsay) Campbell Z-25-12.66
-
A reduced minimum lot area from 8,000m2 (2.0ac) to 7,203m2 (1.8ac) is permitted.
R2-78-2012 104 Tamarac; Plan D13, Part Units 9,10,29 & 40; RP 3R3018 Part 1 and RP 3R1962 Pt 1
Goodacres co Nicolson Z-72-11.62
-
Lot 1, 2 and 3 shall be permitted a reduced minimum lot frontage of 30 m (98 ft).
-
Lot 4, 5 and 6 shall be permitted a reduced minimum lot frontage of 32 m (105 ft).
-
Lot 3 shall be permitted a reduced minimum lot frontage of 30m (98 ft) and be situated
in a Holding (H) Zone - (R2-78-2012-H)
R2-02-2014 Part Lot 20 Concession 5 WBR (Eastnor) Weatherhead, Z-43-12.62
-
The maximum cleared area for a building envelope on each lot shall not exceed 0.4 ha (1 acre).
R2-27-2014 Part Lot 18 Concession 7 WBR Part 3 Plan 3R7929 (Lindsay) Vespasiano Z-53-13.66
-
Front Yard Setback 89.9 m (295 ft)
-
Side Yard Setbacks 26.3m (east), 50.0m (west) (86.3 ft, 164 ft)
-
Rear Yard Setback 129.96 m (426 ft)
-
Building Envelope 20 m x 40 m (66 ft x 131 ft)
-
Maximum cleared area shall not exceed 0.4ha (1.0ac)
-
The entire property is designated as a site plan control area under Section 41 of the
Planning Act. No development shall occur except in compliance with a Site Plan
Control Agreement registered on the title of the property.
R2-51-2015
Town Plot Hardwick Lots 1 and 3, Part Lot F and Lot 2, Park Lot 34 Concession 3WBR,
Plan 3R-3233 Part 4 (Eastnor) Myles Z-18-15.62
-
Minimum lot area shall be 2.812 sq metres (21,528 sq feet)
-
Minimum front yard setback for the dwelling existing as of the date of passage shall be
5 metres (15 feet)
- Minimum lot frontage shall be 26.1 metres (85.6 feet).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
81
R2-2017-07a Part Lot 19 and 20, Concession 7, WBR, (Lindsay), and Part Lot 19, Concession 8,
WBR, (Lindsay), Part 1, Plan 3R-9309; Part Lot 19, Concession 7, WBR, (Lindsay), Parts 2 and 3, Plan
3A-9309, Bradley Drive (Turner c/o Cuesta Z-36-16.66)
-
All buildings, structures, well and septic system shall be located within a building envelope
that is 50m x 28m measuring 17m from the north lot line and 278m from Bradley Drive
-
Maximum building envelope and post construction natural re-vegetation plan shall be
established through Site Plan Control and all development and site alteration outside of
building envelopes shall be prohibited
-
All other provisions of the Comprehensive Zoning By-law, as amended, shall apply
The entire property is designated as a site plan control area under Section 41 of The Planning Act,
R.S.O. 1990, as amended.
R2-2017-07b -Part Lot 19 and 20, Concession 7, WBR, (Lindsay), and Part Lot 19, Concession 8,
WBR, (Lindsay), Part 1, Plan 3R-9309; Part Lot 19, Concession 7, WBR, (Lindsay), Parts 2 and 3, Plan
3R-9309, (Lindsay), Bradley Drive (Turner c/o Cuesta Z-36-16.66)
-
All buildings, structures, well and septic system shall be located within a building envelope
that is 50m x 28m measuring 20m from the south lot line and 116m from Bradley Drive
-
Maximum building envelope and post construction natural re-vegetation plan shall be
established through Site Plan Control and all development and site alteration outside of
building envelopes shall be prohibited
-
All other provisions of the Comprehensive Zoning By-law, as amended, shall apply
The entire property is designated as a site plan control area under Section 41 of The Planning Act,
R.S.O. 1990, as amended.
R2-2017-07c - Part Lot 19 and 20, Concession 7t WBR, (Lindsay), and Part Lot 19, Concession 8,
WBR, (Lindsay), Part 1, Plan 3R-9309; Part Lot 19, Concession 7, WBR, (Lindsay), Parts 2 and 3, Plan
3R-9309, Bradley Drive (Turner c/o Cuesta Z-36-16.66)
-
All buildings, structures, well and septic system shall be located within a building envelope
that is 50m x 28m measuring 9m from the north Jot line and 92m from Bradley Drive
-
Maximum building envelope and post construction natural re-vegetation plan shall be
established through Site Plan Control and all development and site alteration outside of
building envelopes shall be prohibited
-
All other provisions of the Comprehensive Zoning By-law, as amended, shall apply
The entire property is designated as a site plan control area under Section 41 of The Planning Act,
R.S.O. 1990, as amended.
R2-40-2018a Part Lot 31, Concession 2 WBR, (St. Edmunds) Bennett c/o Cuesta Z-6-18.68
-
minimum lot area shall be 0.20 hectares
-
front yard of 4.3m for the dwelling unit existing as of January 1, 2018 is recognized
-
the on-site sewage disposal system shall not be repaired, replaced, or altered except to
install a tertiary sewage disposal system meeting the specifications of the CAN/BNQ 3680-
600 standard, as amended from time to time
Note: Provision R2-40-2018a iii) to this by-law permits the ongoing and ordinary maintenance of the existing
sewage disposal system.
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R2-40-2018b Part Lot 31, Concession 2 WBR, (St. Edmunds) Bennett c/o Cuesta Z-6-18.68
-
minimum lot shall be 0.13 hectares
-
minimum yards for all primary and accessory buildings and structures shall be
-
5.9 m for front yard
-
6.5 m for side yards
-
15 m for rear yard from 100-year flood elevation of 177 .6 m (G.S.C.)
-
single detached residential use shall be serviced by the tertiary sewage disposal system
meeting the specifications of the CAN/BNQ 3680-600 standard, as amended from time to
time
The lands are designated as a site plan control area under Section 41 of the Planning Act,
R.S.O. 1990, as amended, to address site servicing and natural heritage mitigation
requirements
R2-09-2020a - Lindsay Concession 8 WBR, Part Lot 26, Part 31, Plan 3R-6540 - Sadler Creek Rd, (Martin
c/o Browne Z35-19.66 / OMB PL200241)
-
habitable buildings and structures shall meet both provisions of Section 6.30.1 Flood
Proofing
-
for the purposes of Section 7.7.4 More Than One Zone of a Lot, R2-09-2020a and R2-
09-2020b shall be treated as one R2 Zone
R2-09-2020b - Lindsay Concession 8 WBR, Part Lot 26, Part 31, Plan 3R-6540 - Sadler Creek Rd, (Martin
c/o Browne Z35-19.66 / OMB PL200241)
-
all development including grading and site alteration is prohibited
R2-96-2020a (Severed) Robins Z-65-19.62
Despite any other provisions of the bylaw to the contrary:
-
Minimum lot area shall be 4000 m2
-
Minimum lot frontage shall be 19 m
-
All building and structures shall be contained within a building envelope defined as
follows:
-
Northern extent - 7.6 m from front lot line
-
Eastern and western extent - 43.0 m from side lot lines
-
Southern extent - 52.6 m from front lot line
-
Site alteration is prohibited in any areas of the lot that are more than 55 metres from the
front lot line and development and site alteration must be in accordance with a
Development Agreement registered under Section 53 (12) of the Planning Act.
R2-96-2020b (Retained) Robins Z-65-19.62
-
Three buildings existing as of October 23, 2019, are recognized as non-conforming and
subject to Section 6.13 Non-Conforming Uses
NOTE: H1 Holding Zone (Archaeological Potential) provides that:
-
Notwithstanding their underlying zoning designation, on those lands identified as being
subject to the "H1" holding zone provision, lot grading; excavation; and/or construction shall
not be permitted unless the Holding (H1) zone provision is removed. The area of the H1
zone that may be lifted shall be limited to the area included in an archaeological assessment
and may only be removed by Council upon:
-
Approval by the Zoning Administrator of an Archaeological Assessment which has been:
a) Conducted by an archaeologist licensed in the Province of Ontario; and
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b) Confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of
Archaeological Reports; and
-
Confirmation to the satisfaction of the Zoning Administrator that the recommendations of the
archaeological report (if any) have been implemented.
Consultation with the Municipality is recommended prior to initiating an Archaeological Assessment.
R2-03-2021a Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 4 (St. Edmund's), Matheson Dr, Celtic
Sports co T (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring
-
42.5 m x 42.5 mthat is 64.9 m from the front lot line and 25 m south of the north lot line
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
The Driveway location shall be established through Site Plan Control; all other development
and site alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the
Planning Act, R.S.O. 1990
R2-03-2021b Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 3 (St. Edmund's) (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring
-
40.2 m x 40.2 m that is located 25 m from the front lot line and 22.3 m south of the north lot line
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
The Driveway location shall be established through Site Plan Control; all other development and site
alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990
R2-03-2021c Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 4 (St. Edmund's) (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring 63 m x 63 m that is
86 m from the east lot line
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
Development and site alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law including front yard setbacks shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990.
R2-03-2021d Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 4 (St. Edmund's) (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring 80 m north-south
x 50 metres east-west that is 30 m from the west lot line and 195.6 m north of the lands zoned R2-xx-
2016c.
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
The driveway location shall be established through site plan control. Development and site alteration
outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990.
R2-03-2021e Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 3 (St. Edmund's) (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring 42.5 m north-south x
80 m east-west that is 7.5 m north of the south lot line.
-
Individual onsite sewage disposal systems shall provide tertiary treatment
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Development and site alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law including front yard setbacks shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990.
R2-03-2021f Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 3 (St. Edmund's) (Matheson Z-16-14.68)
-
All buildings and structures shall be located within a building envelope measuring 40 m north-south x
100 m east-west that is 47 m north of the south lot line.
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
Development and site alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law including front yard setbacks shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990.
R2-03-2021g Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 3 (St. Edmund's)
-
All buildings and structures shall be located within a building envelope measuring 40 m north-south x
100 m east-west that is 10 m south of the north lot line.
-
Individual onsite sewage disposal systems shall provide tertiary treatment
-
Development and site alteration outside of the building envelope shall be prohibited
-
All other provisions of the zoning by-law including front yard setbacks shall apply
-
The entire property is designated as a Site Plan Control Area under Section 41(2) of the Planning Act,
R.S.O. 1990.
R2-10-2021a Eastnor Concession 5 EBR Part Lot 35 (Rydall co McLay Z-2020-74)
-
Minimum lot frontage shall be 32.3 m
R2-10-2021b Eastnor Concession 5 EBR Part Lot 35 (Rydall co McLay Z74)
-
Minimum lot frontage shall be 32.3 m
-
Minimum rear yard setback shall be 121 m
-
Minimum dwelling size is no less than the existing dwelling at the date of passage of this by-
law
R2-40-2021a - Lindsay Concession 8 WBR PT LOT 26 RP 3R6540 PARTS 9 & 10 (Porter Z-2021-008)
-
Habitable buildings and structures shall meet both provisions of Section 6.30.1 Flood
Proofing.
-
A fence shall be constructed along the north, west, and south boundary of the R2-40-2021
zone. Said fence may be removed from the west (shoreline) and south boundary of this zone
when construction and landscaping have been completed.
R2-40-2021b- Lindsay Concession 8 WBR PT LOT 26 RP 3R6540 PARTS 9 & 10 (Porter Z-2021-008)
-
All development including grading and site alteration is prohibited.
R2-46-2021 St Edmunds Plan 433 Lot 85 (Mazzotta Z-2020-035)
-
the minimum ground floor area be reduced from 70 m2 to 59 m2.
-
That the minimum front yard setback be reduced from 7.6 m to 2.3 m.
R2-03-2022 Eastnor Concession 4 WBR Part Lot 38 Lot 39, 76 and 78 Stokes River Rd (Keller Z-2021-078)
-
Development shall be subject to Site Plan Control implementing the recommendations of the
Costal Engineering Assessment, Environmental Impact Study, as well as those
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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recommendations by Saugeen Ojibway Nation in their correspondence on this application
dated January 26, 2022.
-
The front yard setback shall be 5.6 m
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The rear yard setback shall be 6.1 m
R2-2022-82 790 Pike Bay Road (Townson)
-
Notwithstanding Section 13, those lands delineated as 'R2-2022-82' on Schedule "A" to this
By-law may be used in compliance with the R2 zoning provisions contained in this By-law
excepting however that:
i.
An Automobile Repair Establishment, existing as of the day of the passing of this bylaw,
is a permitted use
R2-85-2022 136 Bradley Drive, Lindsay Con 8 WBR Part Lot 18 RP 3R6780 Part 4 (75 Fieldstate (2022)
-
Notwithstanding Section 7.7.4, All development on the property shall be located within a 50-
metre x 60 metre building envelope as illustrated by the zoning schedule.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 14 R3 - Provisions Of Residential Zone 3 (Semi-
Detached/Duplex Residential)
14.1 Uses Permitted
No person shall within any R3 Zone use any lot or erect, alter or use any building or structure for
any purpose except for one or more of the following uses:
-
a semi-detached dwelling
-
a duplex dwelling
-
additional residential unit in accordance with Section 6.3.15
-
garden suites in accordance with Section 6.3.15 and subject to requirements of 39.1
of the Planning Act
-
tiny homes in accordance with Section 6.3.15 and subject to requirements of 39.1 of
the Planning Act
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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14.2 Zone Provisions
No person shall within any R3 Zone use any lot or erect or use any building or structure except in
accordance with the following provisions:
Provisions
Semi-Detached Dwelling
same lot
Semi-detached
Dwelling separate lots
Duplex Dwelling
minimum lot area
650 m2 (6996.7 ft2)
325 m2 (3498 ft2)
550 m2 (5920 ft2)
minimum lot frontage
22.5 m (73.8 ft)
11.25 m (36.9 ft)
25 m (82 ft)
minimum lot frontage corner
lot
25 m (82 ft)
14 m (45.9 ft)
28 m (91.8 ft)
minimum front yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum exterior side yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum side yard
3 m (9.8 ft) (b)
3 m (9.8 ft) (a) (b)
3 m (9.8 ft)
minimum rear yard
10 m (32.8 ft)
10 m (32.8 ft)
10 m (32.8 ft)
minimum ground floor area
(HSPK#4, 2022-47)
one storey - 70m2
one storey - 70m2
70 m2 (753 ft²)
more than one storey
- 140m2 (1506.9ft²)
more than one storey
- 70m2 (753ft²)
maximum building height
main building
10 m (32.8 ft)
10 m (32.8 ft)
12 m (39 ft)
maximum height accessory
building
5 m (16 ft)
5 m (16 ft)
5 m (16 ft)
maximum lot coverage
40%
40%
40%
14.2.1 In addition to the provisions for a duplex dwelling, the following provisions shall apply with
respect to the minimum dwelling unit floor area:
bachelor unit
40 m2 (430.5 ft2)
1 bedroom unit
50 m2 (538 ft2)
2 bedroom unit
60 m2 (645.8 ft2)
3 bedroom unit
80 m2 (861 ft2)
4 bedroom unit
90 m2 (968.7 ft2)
Footnotes:
(a)
Where a semi-detached building has been legally divided in order to provide
individual ownership to each dwelling unit, the common side yard shall be reduced
to 0 m (0 ft).
(b)
Where no garage, carport or similar parking structure is provided, the side yard
opposite the common wall shall be a minimum of 4 m (13 ft).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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14.3 Special Provisions
R3-a
Part of Unit 42, Plan D-7 (Lion's Head) (Hill)
-
Additional permitted uses include a medical office
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 15 R4 - Provisions Of Residential Zone 4 (Low Density Multiple
Family Residential)
15.1 Uses Permitted
No person shall within any R4 Zone use any lot or erect, alter or use any building or structure for
any purpose except for one or more of the following uses:
-
a duplex dwelling
-
a triplex dwelling
-
a fourplex dwelling
-
additional residential unit in accordance with Section 6.3.15
-
garden suites in accordance with Section 6.3.15 and subject to requirements of 39.1
of the Planning Act
-
tiny homes in accordance with Section 6.3.15 and subject to requirements of 39.1 of
the Planning Act
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3.
15.2 Zone Provisions
No person shall within any R4 Zone use any lot or erect or use any building or structure except
in accordance with the following provisions:
Provisions
Duplex Dwelling
Triplex Dwelling
Fourplex Dwelling
minimum lot area
550 m2 (5920 ft2)
600 m2 (6458.5 ft2)
890 m2 (9580 ft2)
minimum lot frontage
25 m (82 ft)
25 m (82 ft)
30 m (98 ft)
minimum lot frontage corner lot
28 m (91.8 ft)
28 m (91.8 ft)
33 m (108 ft)
minimum front yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum exterior side yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum side yard
3 m (9.8 ft)
3 m (9.8 ft)
4 m (13 ft)
minimum rear yard
10 m (32.8 ft)
10 m (32.8 ft)
10 m (32.8 ft)
minimum ground floor area
70 m2 (753ft²)
100 m2 (1076ft²)
100 m2 (1076ft²)
minimum dwelling unit
floor area - bachelor unit
40 m2 (430.5ft²)
40 m2 (430.5ft²)
40 m2 (430.5ft²)
minimum dwelling unit
floor area - 1 bedroom
50 m2 (538ft²)
50 m2 (538ft²)
50 m2 (538ft²)
minimum dwelling unit
floor area - 2 bedroom
60 m2 (645.8ft²)
60 m2 (645.8ft²)
60 m2 (645.8ft²)
minimum dwelling unit
floor area - 3 bedroom
80 m2 (861ft²)
80 m2 (861ft²)
80 m2 (861ft²)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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minimum dwelling unit
floor area - 4 bedroom
90 m2 (968.7ft²)
90 m2 (968.7ft²)
90 m2 (968.7ft²)
maximum building height main
building
12 m (39ft)
12 m (39ft)
12 m (39ft)
maximum height accessory
building
5 m (16ft)
5 m (16ft)
5 m (16ft)
maximum lot coverage
40%
40%
45%
15.3 Special Provisions
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 16 - R5 - Provisions Of Residential Zone 5 (Medium Density
Multiple Family Residential)
16.1 Uses Permitted
No person shall within any R5 Zone use any lot or erect, alter or use any building or structure for
any purpose except for one or more of the following uses.
-
a townhouse dwelling
-
an apartment dwelling
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3
16.2 Zone Provisions
No person shall within any R5 Zone use any lot or erect or use any building or structure except
in accordance with the following provisions.
Provisions
Townhouse
Dwelling
Apartment Dwelling
minimum lot area
300 m2 per unit
(3229ft²)
250 m2 per unit
(2691ft²)
minimum lot frontage
30 m (98ft)
30 m (98ft)
minimum lot frontage corner lot
30 m (98ft)
30 m (98ft)
minimum front yard
7.5 m (24.6ft)
10 m (32.8ft)
minimum exterior side yard
8 m (26ft)
10 m (32.8ft)
minimum side yard
4 m (13ft)
10 m (32.8ft)
minimum rear yard
10 m (32.8ft)
10 m (32.8ft)
minimum dwelling unit floor area
- bachelor unit
40 m2 (430.5ft²)
40 m2 (430.5ft²)
minimum dwelling unit floor area
- 1 bedroom
50 m2 (538ft²)
50 m2 (538ft²)
minimum dwelling unit floor area
- 2 bedroom
60 m2 (645.8ft²)
60 m2 (645.8ft²)
minimum dwelling unit floor area
- 3 bedroom
80 m2 (861ft²)
80 m2 (861ft²)
minimum dwelling unit floor area
- 4 bedroom
90 m2 (968.7ft²)
90 m2 (968.7ft²)
maximum building height main building
12 m (39.3ft)
12 m (39.3ft)
maximum height accessory building
5 m (16.4ft)
5 m (16.4ft)
maximum lot coverage
35%
30%
minimum landscaped open area
30%
30%
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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16.3 Special Provisions
R5-a
20 Bury St., Unit 1, 51, 52 & 53, Plan D-7 (Lions Head) (20)
-
Maximum number of main buildings - six (6)
-
Minimum Front yard - 15 m (49 ft)
-
Minimum rear and side yards - 20 m (66 ft)
-
Maximum lot coverage - 15%
R5-b
D-7 Part Units 1, 51 to 53 RP 3R8242 Pt Lots 1 & 2 (Lions Head) (Hayes Z-14-2007.64) By-Law
2007-42
-
Permitted uses are limited to two (2) mini-storage units in accordance with Section 22.2 Zone
Provisions
-
Highway Commercial & Industrial Zone (HCM) excepting that:
a. mini-storage unit development shall be according to Schedule 'A' and located to the
west of the existing townhouse developments
b. minimum front yard setback for the mini-storage units shall be 107m (350ft)
c. minimum side (east) yard setback for the mini-storage units shall be 156m (511ft)
d. minimum separation distance between the townhouse dwellings and the mini-storage
units shall be 55m (180ft)
e. no buildings or structures are permitted in the area identified as 'Buffer Area' on
Schedule A. Site Plan Control is in effect.
R5-2010-89a 20 Bury St, Pt Lot 26 Con 5 EBR, RP 3R8242 Pts 1&2 (Lions Head) (Hayes Z-10-
2010.64)
-
A maximum of three (3) buildings consisting of four (4) units each shall be permitted.
-
A unit is defined as a one (1)-bedroom dual-occupancy unit.
-
The development shall be subject to site plan control and development on the property
shall be in accordance with a site plan agreement registered on the title of the property.
R5-2010-89b 20 Bury St, Pt Lot 26 Con 5 EBR, RP 3R8242 Pts 1&2 (Lions Head) (Hayes Z-10-
2010.64) removed by By-Law 2018-12 (R5-2018-12) Hayes Z-78-17.62
R5-45-2014
Units 1, 51, 52 & 53 Plan D7; Parts 1 2 Plan 3R8242 (Lions Head) (Hayes Z-40-13.62)
-
A maximum of three (3) buildings consisting of four (4) units each shall be permitted;
-
A unit is defined as a one (1) bedroom dual occupancy unit;
The development shall be subject to Site Plan Control under Section 41 of the Planning Act,
R.S.O. 1990, as amended and development on the property shall be in accordance with a Site
Plan Control Agreement registered on the title of the property.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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R5-12-2018 Part Unit 1, Plan 07, (Lion's Head), 55 Hayes Drive, Hayes Z-78-17.62
-
a maximum of two (2) buildings consisting of a total of ten (10) units shall be permitted.
-
a unit is defined as one (1) bedroom, dual occupancy
The entire property is designated as a site plan control area under Section 41 of The Planning
Act, R.S.O. 1990, as amended.
R5-54-2020 - Part Unit 1, Plan D7, Part 1, Plan 3R-9648 - unnumbered Hayes Drive (4-unit complex), (Hayes
Z-2020-027)
-
a maximum of one (1) building consisting of a total of four (4) units shall be permitted.
-
a unit is defined as one (1) bedroom, dual occupancy
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 17 - General Provisions For All Commercial Zones - C
17.1
Minimum Separation Of Commercial Buildings From Residential Zones
No part of any commercial building shall be located within 9.14m (29.9ft) of a Residential Zone.
17.2
Outside Storage And Display
Areas for the display or exhibition of goods, materials, produce or nursery stock may be
established in any yard subject to Section 6.27.
17.3
Lighting
Where lighting facilities and/or illuminated signs are provided, they shall be so arranged as to
deflect light away from any abutting Residential Zone and traffic travelling along public roads.
17.4
Accessory Uses
Accessory uses shall be permitted in accordance with Section 6.3.
17.5
Accessory Residential Use
Where within a Commercial Zone, an accessory dwelling unit is permitted as an integral part of
a permitted principal building, or as an accessory detached dwelling. Such accessory dwelling
units shall be in accordance with the requirements of Sections 6.4 and 6.5.
17.6
Number Of Buildings Per Lot
Not more than one principal building or structure may be erected on one lot except where the
permitted use is a motel, lodge or Tourist cottage rental establishment in which cases more than
one main building may be erected.
17.7
Existing Lots
In any Commercial Zone where an existing lot has a lesser area and/or frontage than required in
the applicable Commercial Zone, such lot may be used in accordance with the applicable zone
provided that all other provisions of this By-law are complied with. (Z-30-2009.68, By-law 2009-
87)
17.8
Parking Requirements
Off-road parking shall be provided in accordance with Section 6.31.
17.9
Loading Requirements
Loading areas shall be provided in accordance with Section 6.32.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 18 C1 - Provisions For Commercial Zone 1 (Business District
Commercial)
18.1 Uses Permitted
No person shall within the C1 Zone use any lot or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
-
accessory dwelling units
above or behind a non-
residential building in
accordance with Section 6.5.
-
a detached dwelling existing at
the date of passing of this By-
law
-
apartment dwelling
-
assembly hall
-
bank or trust company
-
barber shop and hairdressing
shop
-
bed and breakfast
establishment in accordance
with Section 6.11
-
buildings, structures and uses
accessory to a permitted use
in accordance with Section 6.3
-
business or professional office
-
convenience store
-
commercial schools
-
delicatessen
-
dry-cleaning establishment
-
eating establishment
-
farmer's market (Z-30-
2009.68, By- law 2009-87)
-
fitness club
-
funeral home
-
general store
-
grocery store
-
hotel
-
laundry and/or dry cleaner's
distribution station
-
marina
-
medical clinic
-
parking lots
-
personal service establishment
-
places of entertainment
-
post office
-
printing establishments
-
public and private parks
-
public use
-
tavern
-
tourist home
-
retail store
-
shopping centre
-
specialty shop
-
transportation depot
-
variety store
-
wholesale establishment
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
97
18.2 Zone Provisions
No person shall within any C1 Zone use any lot or erect or use any building or structure except
in accordance with the following provisions.
Provisions
Water or Sewer only
Water and Sewer
minimum lot area
1800 m2 (19375.6ft²)
600 m2 (6458.5ft²)
minimum lot frontage
30 m (98ft)
15 m (49ft)
minimum lot frontage corner lot
33 m (108ft)
18 m (59ft)
minimum front yard
7.5 m (24.6ft)
0 m
minimum exterior side yard
7.5 m (24.6ft)
0 m
minimum side yard
1.5 m (4.9ft)
0 m
minimum rear yard
10 m (32.8ft)
10 m (32.8ft)
minimum ground floor area
70 m2 (753ft²)
70 m2 (753ft²)
maximum building height, main
building
10 m (32.8ft)
10 m (32.8ft)
maximum building height,
accessory building
4 m (13ft)
4 m (13ft)
maximum lot coverage
20%
50%
18.3 Existing Detached Dwellings
Within the C1 zone, a detached dwelling existing at the date of passing of this By-law may be
altered or enlarged in accordance with the provisions of the R1 zone Section 12.2.
18.4 Special Provisions
C1-a Notwithstanding Section 18.1, the lands delineated as 'C1-a' on Schedule 'A' to this By-law shall
be used in compliance with the 'C1' zone provisions contained in this By-law excepting however
that:
-
A detached dwelling on an existing lot of record shall be permitted in accordance with
the provisions of the R1 Detached Residential zone. (Z-30-2009.68, By-law 2009-87)
C1-a-04-2017 Part Farm Lot 3 Town Plot Bury WBR, and Part 2 Plan 3R4866, and Parts 1, 2 and 3
Plan 3R5327 (St Edmunds) Peacock Z-68-16.68
-
An entrance driveway of 9.06 metres (29.7 feet) is permitted.
-
The entire property is designated as a site plan control area under Section 41 of The
Planning Act, R.S.0. 1990, as amended. No development shall occur except in
compliance with a Site Plan Control Agreement registered on title of the property.
C1-b
Various Locations within Lion's Head and Tobermory
-
C1 permitted and uses except:
-
Min. front yard setback
0.9 m (2.9 ft)
-
Min. interior side yard setback
0 m (0 ft)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
98
-
Min. exterior side yard setback
0.9 m (2.9 ft)
C1-61-2017
Lot 16, N/S Head Street, Plot Bury, Part Lot 17, N/S Head Street, Plot Bury as in
R291816, 18, N/S Head Street, Plot Bury as in R349170 St. Edmunds (Princess Hotel/Z-27-17.68)
-
minimum interior yard setback along the east lot line shall be 1.0 m
-
minimum setback to north lot line for patio and balconies existing at the date of passage of
this By-law shall be 0.52 m
-
minimum setback to the north lot line for the hotel addition shall be 4.07 m
-
minimum setback to the north lot line for meeting room patio shall be 1.65 m
-
minimum setback to west lot line shall be 2.81 m
-
relief is granted from Section 6.32.4(c)(i) setback for parking space from a street line
-
relief is granted from 6.32.1 O(b) requirements for landscaping between parking spaces and
a street line for the new parking lot with such landscaping to be provided on adjacent
Municipal lands
-
notwithstanding Section 6.22.2, Planting and Visual Screening along the east lot line shall be
provided as follows:
-
commencing at the south lot line, a 1.0 m wide planting area having a minimum height of
1.5 m at time of planting for a distance of 24 m, then
ii.
beginning 24 m from the south lot line and extending to the southeast corner of the
hotel nearest the east lot line, a 1.8 m tall wooden privacy fence, then
iii.
between the southeast corner of the hotel and the north lot line, an existing hedge
-
maximum lot coverage shall be 33.7%
-
no off street loading spaces shall be required
The entire property is designated as a site plan control area under Section 41 of The Planning Act,
R.S.0. 1990, as amended.
C1-a-89-2019 St Edmunds Part Block 3, Town Plot Bury WBR (Robins / Peacock Foodland HSKP #3)
-
An entrance driveway of 9.06 m (29.7 ft) is permitted
C1-55-2020a McNeil and Sylvia Streets - Lot 5/Retained (1374275 Ontario Ltd. / Richardson Z2020-12)
-
Uses shall be serviced by municipal sanitary sewer or a tertiary sewage disposal system that is certified
to meet the specifications of the CAN/BNQ 3680-600 NI standard (50% nitrate removal), as amended
from time to time
-
Despite Section 18.1, Limited to two permitted uses and accessory uses, buildings and structures in
accordance with Section 6.3 unless connected to municipal sanitary sewer
-
The lands are designated as a site plan control area under Section 41 of the Planning Act
C1-55-2020b McNeil and Sylvia Streets - Lot 4 (1374275 Ontario Ltd. / Richardson Z2020-12)
-
Despite Section 18.1, Limited to one permitted use and accessory uses, buildings and structures in
accordance with Section 6.3 unless connected to municipal sanitary sewer
-
Subject to (i) above, a detached dwelling and accessory uses including Home-Based Business-
Professional Uses; Home-Based Business - Domestic and Household Arts; and Home-Based
Business -Bed and Breakfast Establishment in is a permitted use in accordance with the provisions of
the R1 Detached Residential zone and Section 6-General Provisions.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
99
-
Minimum Lot area is 1500 sq m
-
Uses shall be serviced by municipal sanitary sewer or a tertiary sewage disposal system that is certified
to meet the specifications of the CAN/BNQ 3680-600 NI standard (50% nitrate removal), as amended
from time to time
-
The lands are designated as a site plan control area under Section 41 of the Planning Act
C1-55-2020c McNeil and Sylvia Streets1 Lot 3 (374275 Ontario Ltd. / Richardson Z2020-12)
-
Despite Section 18.1, Limited to one permitted use and accessory uses, buildings and structures in
accordance with Section 6.3 unless connected to municipal sanitary sewer
-
Subject to (i) above, a detached dwelling and accessory uses including Home-Based Business-
Professional Uses; Home-Based Business - Domestic and Household Arts; and Home-Based
Business -Bed and Breakfast Establishment in is a permitted use in accordance with the provisions of
the R1 Detached Residential zone and Section 6-General Provisions.
-
Minimum lot area is sq 1250 m
-
Minimum lot frontage is 21 m
-
Minimum front yard is 1.0 m for the existing residence
-
The on-site sewage disposal system shall not be repaired, replaced, or altered except to install a
tertiary sewage disposal system that is certified to meet the specifications of the CAN/BNQ 3680-600
NI standard (50% nitrate removal), as amended from time to time or uses shall be serviced with
municipal sanitary sewer
-
The lands are designated as a site plan control area under Section 41 of the Planning Act
C1-55-2020d McNeil and Sylvia Streets Lot 2 (1374275 Ontario Ltd. / Richardson Z2020-12)
-
Despite Section 18.1, Limited to one permitted use and accessory uses, buildings and structures in
accordance with Section 6.3 unless connected to municipal sanitary sewer
-
Subject to (i) above, a detached dwelling and accessory uses including Home-Based Business-
Professional Uses; Home-Based Business - Domestic and Household Arts; and Home-Based
Business -Bed and Breakfast Establishment in is a permitted use in accordance with the provisions of
the R1 Detached Residential zone and Section 6-General Provisions.
-
Minimum lot area is 850 sq m
-
Minimum lot frontage is 15 m
-
Minimum front yard is 4.5 m for the existing residence
-
Minimum side yard for existing garage is 0 m
-
The on-site sewage disposal system shall not be repaired, replaced, or altered except to install a
tertiary sewage disposal system that is certified to meet the specifications of the CAN/BNQ 3680-600
NI standard (50% nitrate removal), as amended from time to time or uses shall be serviced with
municipal sanitary sewer
-
The lands are designated as a site plan control area under Section 41 of the Planning Act
C1-a-b-102-2020a-h Plan D6 Unit 60 Lions Head / 6 Mill St (Rusk Z2020-063)
-
Minimum lot area is 556 sq m
-
Minimum lot frontage is 22.25 m
-
Minimum front yard setback for residential use is 0.9 m
C1-a-b-102-2020b-h Plan D6 Unit 59 Lions Head / 8 Mill St (Rusk Z2020-063)
-
Minimum lot area is 1160 sq m
-
Minimum lot frontage is 15.24 m
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
100
-
Minimum front yard setback for residential use is 3 m, minimum exterior side yard setback
for residential use is 1.2 m
102-2020-H Holding Provisions:
-
Enlargement of the dwelling, or increase in the number of fixture units beyond 20 (twenty)
is not permitted unless the H-Holding zone provision is lifted
-
The H-Holding zone provision shall not be lifted unless the lot is serviced by:
a.
a municipal or communal sewage disposal system with capacity for the proposed development;
or
b. a nitrate study (groundwater quality impact assessment) has been completed and demonstrates
that the development can be accommodated on the lot without adverse impacts to groundwater.
C1A-62-2022 104 Bay St S By-Law 2022-62 / Blue Heron Co.
-
Notwithstanding Section 18.1, those lands delineated as 'C1A-62-2022 on Schedule "A" to
this By-law may be used in compliance with the C1A zoning provisions contained in this By-
law excepting however that:
i.
The limited and permitted use of the property will be as a rental cottage establishment
ii.
Development on the lands will be subject to Site Plan Control to satisfy the Local
Official Plan that requires a dedication of a right-of-way for the extension of the harbour
boardwalk in Tobermory to Wireless Bay.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
101
Section 19 C2 - Provisions For Commercial Zone 2 (Hamlet
Commercial)
19.1 Uses Permitted
No person shall within the C2 Zone use any lot or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
-
accessory dwelling unit in accordance with Section 6.5
-
automobile service stations
-
automobile repair establishment
-
automobile sales establishment
-
automobile gas bar
-
bed and breakfast establishment in accordance with Section 6.11
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3
-
business and professional office
-
day nursery
-
eating establishment
-
farmer's market (Z-30-2009.68, By-law 2009-87)
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
-
general store
-
government office
-
hotel
-
marina
-
merchandise and small engine repair establishment
-
mini storage units
-
motels
-
parking lots
-
personal service establishment
-
public and private parks
-
post office
-
retail store, not exceeding 3000 square feet
-
tourist home
-
veterinary clinic and office
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
102
19.2 Zone Provisions
No person shall within any C2 Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions
No municipal water
or sewer
minimum lot area
4000 m2 (43057ft²)
minimum lot frontage
40 m (131ft)
minimum lot frontage
corner lot
43 m (141ft)
minimum front yard
7.5 m (24.6ft)
minimum exterior side yard
7.5 m (24.6ft)
minimum side yard
5 m (16ft)
minimum rear yard
7.5 m (24.6ft)
minimum ground floor area
70 m2 (753ft²)
maximum building height,
main building
10 m (32.8ft)
maximum building height,
accessory building
5 m (16ft)
maximum lot coverage
30%
19.3 Special Provisions
C2-a
Lot 26, Con 2 EBR (Eastnor)
-
C2 permitted uses and provisions plus a contractor's yard
C2-b
Pt. Lot 5, Con 4 WBR (Eastnor)
-
C2 permitted uses plus real estate office, mini golf
C2-c
Pt. Lot 24, Con 2 EBR (Eastnor) (21) (Chalkley)
-
C2 permitted uses plus a machine shop
-
Planting Area shall be provided in the side yards in accordance with Section 6.22
(Planting Area)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
103
C2-d-H Part Lot 26, Con 2 EBR (Eastnor) (21)
Permitted uses limited to:
-
accessory dwelling unit in
accordance with Section 13.5
-
automobile service station
-
automobile repair
establishment
-
automobile gas bar
-
day nursery
-
eating establishment
-
general store
-
government office
-
merchandise and small engine repair
establishment
- motels
- parking lots
- post office
- public and private parks
- veterinary clinic and office
- buildings, structures and uses accessory to
a permitted use
- hotel
The 'H' Holding symbol shall be removed only when the following provision have been satisfied:
-
Showing proof of a Certificate of Approval (Air) under Part 9 of the Environmental Protection
Act obtained from the Ministry of Environment, if a paint/spray booth is to be part of the
operation or notification from the Ministry of Environment that a Certificate of Approval is not
required;
-
A statement obtained from the certified engineer stating that all floor drains which may
become contaminated with materials from a repair/service establishment are not directly
connected to a new/existing domestic waste treatment system on the property;
-
A statement obtained from the certified engineer stating that all floor drains which may
become contaminated with materials from a repair/service establishment have been
connected to a 'total retention/separator tank' or similar engineered system; A statement
obtained from the certified engineer stating a 'total retention/separator tank' or similar
engineered system which separates oils, fuels, lubricants, cleaners and solvents etc., and
stores all separated contaminates has been installed and is functioning according to its
design specifications;
-
Proof of a current contract entered into with an MOE-certified carrier engaged for the
disposal of materials from the 'total retention/separator tank' or similar engineered system;
-
A statement/certificated from the MOE-certified carrier that than approved disposal/treatment
facility is available and will accept the materials; and
-
Showing proof a Certificate of Approval under the Ontario Water Resources Act or other
applicable legislation obtained from the Ministry of Environment, for any/all components of
the 'total retention/separator tank' or similar engineered system or notification from the
Ministry stating that a Certificate of Approval is not required.
C2-e
Concession 2 EBR Part Lot 25; RP3R1296 PART 1, RP3R6584 PART 1 (Eastnor) 2845
Highway 6, (Myles OMB PL021153)
-
C2 Permitted Uses plus a "Car Wash, Closed Loop"
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
104
C2-54-2014 Part Lot 31 Concession 3 WBR Lindsay, Boyd c/o Cuesta Z-56-13.66, 11 August 2014
-
Minimum Distance Separation to the new Hamlet boundary from the adjacent livestock
facility shall be 315 m.
-
The development shall be subject to Site Plan Control.
C2-05-2021 Eastnor Concession 2 EBR Part Lot 25 (Mielhausen c/o Carrey Z-66-19.62)
-
Minimum lot frontage is 19.8 m
-
Permitted uses are limited to indoor storage and open storage
-
Minimum setback for open storage use to residential uses is 10 m
-
Planting area as per Section 6.22.2, 6.22.3, and 6.22.4 is required along north and east
lot lines. No planting area is required along south and west lot lines.
-
The lands are designated as a site plan control area under Section 41 of the Planning
Act
C2-34-2022 Eastnor Plan 385 Lot 82, 9 & 13 McKague Rd (Brouwer Shouldice Z2022-009)
-
Development shall be subject to Site Plan Control
-
The minimum lot frontage shall be 17.9 m
-
The minimum lot area shall be 1,725 square m
-
The minimum side yard shall be 1.5 m
-
The minimum driving aisle shall be 7 m
-
The following uses are not permitted: automobile service stations, automobile repair
establishment, automobile sale establishment and automobile gas bar
C2-2022-40 911 Psotka / Lands End Trailer Park
-
Development shall be subject to Site Plan Control
-
The minimum buffer area to a lot line shall be 2.8 m
-
The minimum campground site area shall be 108 sq m
-
The minimum campground site frontage shall be 6 m
-
The maximum number of campground sites shall be 21
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
105
Section 20 C3 - Provisions For Commercial Zone 3 (Resort Commercial)
20.1 Uses Permitted
No person shall within a C3 Zone use any lot or erect, alter or use any building or structure for
any purpose except one or more of the following uses.
-
an accessory dwelling unit in accordance with Section 6.5
-
tourist cottage rental establishment
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
-
general store
-
lodge
-
marinas
-
miniature golf course
-
restaurants
-
specialty shops
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3
20.2 Zone Provisions
No person shall within any C3 Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions
All uses within C3 zone
minimum lot area (no municipal services)
4000 m2 (43057ft²)
minimum lot area (one or more municipal services)
2000 m2 (21528.5ft²)
minimum lot frontage
40 m (131ft)
minimum front yard
7.5 m (24.6ft)
minimum exterior side yard
7.5 m (24.6ft)
minimum side yard
5 m (16.ft)
minimum rear yard
10 m (32.8ft)
minimum floor area
90 m2 (968.7ft²)
maximum floor area for retail purposes
200 m2 (2152.8ft²)
maximum building height, main building
10 m (32.8ft)
maximum building height, accessory building
5 m (16ft) (a)
maximum lot coverage
15%
Note: (a) an accessory building associated with a marina may have a maximum height of 10 m (32.8 ft)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
106
20.3 Tourist Cottage Rental Establishment
A 'Tourist Cottage Rental Establishment', in addition to all other requirements
of this By-law, shall comply with the following additional provisions:
'Tourist Cottage'
i.
Minimum 'Floor Area, Gross' for each 'Tourist Cottage' 29.7 m2 (320 ft.2)
ii.
Minimum separation distance between each 'Tourist Cottage' 6.0 metres
(19.6ft)
iii.
Number of 'Tourist Cottage' per 'Tourist Cottage Establishment' 30
'Tourist Cottages' per hectare (12 'Tourist Cottage' per acre)
iv.
Maximum 'Tourist Cottage' Height 5.0 metres (16 ft.) and a maximum of
one storey in height
v.
Each 'Tourist Cottage' within a 'Tourist Cottage Rental Establishment'
shall be located on an internal access road which shall have a dust free
surface and shall be a minimum travelled width of 4.0 metres (13 ft.) for
one-way traffic and 6.0 metres (20 ft.) for two-way traffic flow.
vi.
The 'Tourist Cottage Rental Establishment' shall provide a communal
or municipal water system, appropriate sewage disposal facilities, solid
waste collection, storm water management/drainage, and road
maintenance.
vii. Each 'Tourist Cottage' shall be provided with one car parking space and visitor
parking shall be provided on the basis of one space for every three (3) 'Tourist Cottages'.
viii. A 'Tourist Cottage Rental Establishment' may be subject to Site Plan Control as
per Section 41 of the Planning Act RSO 1990.
20.4 Marina Development
In addition to all other requirements of this By-law any marina development with docking
facilities must contain a minimum of 30 m (98 ft) frontage on a navigable waterway. No part of
any sewage disposal system shall be within 30 m (98 ft) of the high water mark.
20.5 Special Provisions
C3-a Exempt from Section 6.15.1 (Frontage on a public road)
C3-b Pt. Lot 57, Con 5 & 6 WBR (St. Edmunds)
i.
Permitted uses:
-
a nature appreciation reserve, which may include 5 cabins for accommodation of overnight
guests, a central comfort station, education facilities and uses accessory to or incidental to a
nature appreciation reserve, such as boardwalks and interpretive facilities
-
accessory residential uses in accordance with Section 17.5
ii.
Max. permitted guest cabin size: 14 m2 (150.6 ft2)
iii.
All habitable building openings shall be located above 179.0 G.S.C.
iv.
Site development shall be regulated through a site plan agreement, with the agreement
including provisions for limiting negative impacts on the ANSI and provisions for
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
107
ongoing monitoring of impacts.
C3-c Lot 7, Con 6 WBR (Eastnor)
All C3 permitted uses and provisions plus uses that existed on the date of passage of the by- law.
Alteration, additions and expansions to the existing use shall be in accordance with the R2- Resort
Residential provisions.
C3-d Pt. Lot 25, Con 1 EBR (Lindsay) Permitted uses only:
-
mini golf course
-
horseshoe pit
-
shuffleboard
-
similar recreation facilities
-
snack bar and an office associated with the recreation use of the property shall be
permitted and may be located 7 m (22.9 ft) from the front lot line
-
horseshoe pit and shuffleboard may be located 4.6 m (15 ft) from the exterior side yard
-
20 parking spaces shall be provided
-
2 m (6.5 ft) privacy fence shall be erected where zone abuts residential zone
C3-2016-25a Part Lot 24 Concession 1EBR (Lindsay) (Miller Family Camp Z-40-15.66)
Notwithstanding Section 20, those lands delineated as 'C3-2016-25a on Schedule "A" to this By-
law may be used in compliance with the C3 zoning provisions contained in this By-law excepting
however that:
-
Six (6) cabins existing as of the date of passage of this by-law are recognized.
Expansion, alteration or replacement is permitted but shall not further contravene the
provisions of Section 20.3 Provisions for Tourist Cottage Rental Establishment.
-
new development will have a setback of 15 metres (49.2 feet) from shoreline.
C3-2016-25b Part Lot 24 Concession 1EBR (Lindsay) (Miller Family Camp Z-40-15.66)
Notwithstanding Section 20, those lands delineated as 'C3-2016-25b on Schedule "A" to this By- law
may be used in compliance with the C3 zoning provisions contained in this By-law.
i.
a communal septic system and accessory building/shower facility are permitted uses
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
108
Section 21 - C4 - Provisions For Commercial Zone 4 (Travel Trailer Park
And Commercial Campground)
21.1 Uses Permitted
No person shall within the C4 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 accessory dwelling unit in accordance with Section 6.5
-
campground, private park including open space and recreational uses such as tennis
courts, trails, games room and playing fields
-
restaurant
-
buildings, structures and uses accessory to a permitted use including a swimming pool,
variety store, a snack bar, laundromat and an administrative building for a campground
operation in accordance with Section 6.3.
-
tourist cottage rental establishment
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
21.2 Zone Provisions
No person shall within any C4 Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions (HSKP#4, 2022-47):
Provisions
All uses within C4 zone
minimum lot area
4 hectares
minimum lot frontage
100 m (328ft)
minimum side yard for separation for
accessory detached dwelling
15m (49ft)
minimum buffer area - all lot lines
15m (49ft)
minimum area of campground site
232m2 (2497ft²)
minimum frontage of campground site
15m (49ft)
maximum lot coverage
15%
21.3
The maximum density of campgrounds shall not exceed 25 campground sites per hectare
(10 sites per acres)
21.4
A minimum of 10% of the area of the camping establishment shall be developed for open
space purposes.
21.5
A planting area along the side and rear lot lines.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
109
21.6 Provisions For Tourist Cottage Rental Establishment
No person shall within any C4 zone use any lot or erect, alter or use any building or structure for
a tourist cottage rental establishment except in accordance with the provisions of Section 20.3.
21.7 Special Provisions
C4-a
Pt Lot 25, Con 4 WBR (Eastnor)
-
Permitted uses limited to:
-
30 trailer and camping sites
-
8 unit motel
-
convenience store
-
an accessory dwelling
-
two tourist cottages
C4-b
Pt Lot 29, Con 3 WBR (Eastnor) (11)
Pt Lot 1, Con 5 WBR (Eastnor) (15)
-
C4 permitted uses and provisions plus:
-
a general store
-
a restaurant
C4-c
Pt. Lot 26, Conc. 1 EBR (Lindsay)
-
C4 permitted uses and provisions plus:
-
craft store
-
restaurant
-
lodge
-
rental cabins
C4-d
Pt Lot 22, Conc. 2 WBR (Lindsay)
Pt. Lot 25, Conc. 1 WBR (Lindsay) (26)
-
Permitted uses only:
-
mini golf course
-
snack bar
-
hiking and ski trails
-
accessory buildings and structures
-
campground
-
maximum number of campsites - 70
-
minimum setback from Highway No. 6 shall be 90 m (297 ft)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
110
C4-lms 2016-27 (Part Lot 40, Concession 12 EBR (Lindsay) (Parker c/o Davidson Z-29-15.66)
-
Maximum number of campsites: 86
-
Notwithstanding Section 20.3, Four (4) cabins existing as of the date of passage of this
by- law are recognized and shall have a minimum size of 30.6 square metres, 36.7
square metres, 28.6 square metres, and 29.9 square metres, respectively. Expansion,
alteration or replacement is permitted in but shall not further contravene the provisions
of Section 20.3.
-
Notwithstanding Section 21.2 eight existing campsites are permitted to have a reduced
buffer area to the north lot line which shall be a minimum of 1.5 metres. The entire
buffer area shall conform to the Planting Area requirements of Section 6.22.3.
C4-48-2016 Pt Lot 48 Concession 1WBR (St Edmunds) (Tobermory Camp c/o Klein, Z-22-16.68)
Notwithstanding Section 21, those lands delineated as 'C4-2016-48 on Schedule "A" to this By-
law may be used in compliance with the C4 zoning provisions contained in this By-law excepting
however that:
-
The minimum side yard setback for the structure existing on June 27, 2016, shall be 4.6
m (15 ft). All future development shall comply with the provisions of the zoning by-law.
C4-76-2019 Eastnor Concession 6 WBR Part Lots 11, 12, 13 plus 66-foot strip along shore, 423 Shaw
Road (Hobson Z26-2019.62)
-
minimum lot frontage shall be twenty (20 m) meters
-
a setback of 8.9 meters for an existing cottage to the east lot line is permitted
-
the size and location of 13 existing cottages and one existing accessory building (shed) are
recognized as of the date of the passage of this By-law
-
the property is subject to Site Plan Control under Section 41 of the Planning Act
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
111
Section 22 HCM - Provisions For Highway Commercial & Industrial Zone
22.1 Uses Permitted
No person shall within a HCM Zone use any lot or erect, alter or use any building or structure for
any commercial purpose except one or more of the following uses:
-
an accessory dwelling unit forming
an integral part of the building of
structure containing a permitted non-
residential use in accordance with
Section 6.5
-
automobile service station
-
automobile repair establishment
-
automobile sales establishment
-
automobile gas bar
-
building supply and sales
-
bulk sales establishment
-
car wash
-
contractor's yard
-
establishment for the
manufacture and repair of
electronics and computer
equipment
-
farm implement sales and repair
establishment
-
food trucks in accordance with
the associated Food Truck
licensing by-law requirements
-
furniture and appliance sales
-
garden centre (Z-30-2009.68,
By-law 2009-87, F&E 13Oct09)
-
grocery store in a single purpose
building
-
hotel
-
tourist home
-
institutional zone uses and
public uses
-
light manufacturing plant
-
establishment for the sale of
nursery stock and/or garden
supplies
-
veterinary clinic and office
-
kennel
-
marina, marine repair and
fabrication establishment
-
mini storage units
-
model home display
-
motel
-
parking lot
-
printing establishment
-
recreational vehicle repair and
sales establishment
-
research & development facilities
-
retail stores involving the sale of
heavy machinery, fuels, factory
equipment, boats, trailers and
motorcycles
-
shipping containers in
accordance with Section 6.3.14
of this By-law
-
snowmobile repair and sales
establishment
-
small engine repair and sales
establishment
-
transportation depot
-
wholesale establishment
-
buildings, structures and uses
accessory to a permitted use in
accordance with Section 6.3
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
112
22.2 Zone Provisions
No person shall within any HCM Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions
All uses within HCM
zone
minimum lot area
(no municipal services)
4000 m2 (43057ft²)
minimum lot area
(one or more municipal services)
2000 m2 (21528.5ft²)
minimum lot frontage
(no municipal services)
80 m (262ft)
minimum lot frontage
(one or more municipal services)
40 m (131ft)
minimum front yard
20 m (65.6ft)
minimum exterior side yard
20 m (65.6ft)
minimum side yard
10 m (32.8ft)
minimum rear yard
10 m (32.8ft)
minimum ground floor area
140 m2 (1506.9ft²)
maximum building height
10 m (32.8ft)
maximum lot coverage
15%
22.2.1 Buffer from Residential Zone
a)
No part of any building used for any use permitted in this zone shall be located within
15 m (49 ft) of a Residential Zone.
b)
Planting areas shall be provided no less than 1 m (3 ft) in width and be no shorter
than 3 m (9.8 ft) at maturity, except within a sight triangle, in which the maximum
planting area height shall be 1m (3 ft).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
113
22.3 Special Provisions
HCM-a Lot 4, Conc. 2 EBR (Lindsay)
Permitted uses only:
-
general store
post office or retail postal outlet
-
accessory residence
-
Min. front yard setback - 16.8 m (55 ft)
-
Min. rear yard setback - 6.1 m (20 ft)
HCM-b Lot 4, Conc. 2 EBR (Lindsay)
Permitted uses only:
-
automobile service station
-
automobile repair establishment
-
automobile sales establishment
-
automobile gas bar
-
small engine repair and sales establishment
-
Min. front yard setback - 16.8 m (55 ft)
-
Min. rear yard setback - 6.1 m (20 ft)
-
Accessory residential uses are prohibited
HCM-c Lot 5, Conc. 1 & 2 EBR (Lindsay)
Permitted uses only:
-
Automobile gas bar
-
Restaurant
HCM-d Part of Lot 46, Con 1 EBR (St. Edmunds) Oosterhuis Z-7-2005.68, #2005-51
Additional permitted uses:
-
detached accessory dwelling located behind the commercial building as
-
per Section 6.4 Detached Accessory Dwelling
-
Min. lot frontage reduced from 95m (321 ft) to 76.2m (250 ft)
HCM-f Pt Lot 47, Conc. 1 WBR (St. Edmunds)
-
Permitted uses as per Section 21.1 Uses Permitted - C4 Travel Trailer and Commercial
Campground
HCM-i Plan D7 Part Unit 56 & 57, SEC D-7 PCL 56-3 & 57-4, RP 3R5236 Pt 3 RP 3R5700 Pt 1 (Lion's
Head) Hayes Z-15-2008.64, #2008-26
In compliance with the 'HCM' zone provisions excepting however that:
-
Two principal buildings or structures shall be permitted.
-
The minimum front yard shall be reduced to 10m (33ft).
-
The minimum interior side yard setback to 6.1m (20ft).
-
The minimum rear yard setback shall be reduced to 6.1m (20ft).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
114
HCM-2012-35 7425 Hwy 6; Pt Lt 4 Town Plot Bury WBR, 3R-8342 PT 1 (St Edmunds) (Blue Heron Z-
52-2011.68)
-
Permitted uses shall be limited to a parking lot.
HCM-46-2014 Maple Golf Cres/ Hwy 6; Block 48 Plan 3M-104 (St Edmunds) (Hollis Z-32-13.68)
-
Permitted Uses are limited to: Contractor's Yard subject to Site Plan Control under Section
41 of the Planning Act R.S.O. 1990, as amended.
HCM-26-2014-H Maple Golf Cres/ Hwy 6; Block 48 Plan 3M-104 (St Edmunds) (Hollis Z-32-13.68)
-
Requirements to lift the Holding (H) Zone provision:
a. Environmental Impact Study
b. Amended Site Plan Control Agreement for proposed development
All of which shall be prepared by a qualified individual to the satisfaction of the Municipality.
HCM-50-2019 Block 50 Plan 3M-104 and St Edmunds Part Lot 49 Concession 1 EBR Part 2 Plan 3R-4335,
unnumbered Hwy 6/Maple Golf Cres and 7188 Hwy 6 (Corner Z10-2018.68)
-
the entire property is subject to Site Plan Control under Section 41 of the Planning Act
-
no planting area shall be required along the lot line abutting Part Lot 49, Concession 1, EBR,
Part 2, Plan 3R-4335, 7188 Highway 6
HCM-50-2019a Block 50 Plan 3M-104 and St Edmunds Part Lot 49 Concession 1 EBR Part 2 Plan 3R-
4335, unnumbered Hwy 6/Maple Golf Cres and 7188 Hwy 6 (Corner Z10-2018.68)
-
In addition to the provisions of HCM-50-2019, the following provisions are also
applicable:
i.
permitted uses are limited to a parking lot, eating establishment, miniature golf, place of
entertainment and accessory buildings or structures
ii.
for the purposes of this zone only, place of entertainment means a billiard or pool room, bowling
alley, escape room, axe throwing, archery, enclosed batting cages, indoor golf simulators, wall
climbing or other similar forms of entertainment; but does not include an adult entertainment or
body rub parlour
iii.
no loading space is required
iv.
maximum width of driveway entrance on Maple Golf Crescent shall be 9.43 metres
v.
minimum front yard for miniature golf shall be 14 metres
vi.
the planting required adjacent to the abutting parcel at Part Lot 49, Concession 1, EBR, Part 1,
Plan 3R-4335 shall be provided along the driveway
vii.
The required parking for the miniature golf shall be provided at a minimum of two (2) spaces per
hole
HCM-50-2019b Block 50 Plan 3M-104 and St Edmunds Part Lot 49 Concession 1 EBR Part 2 Plan 3R-
4335, unnumbered Hwy 6/Maple Golf Cres and 7188 Hwy 6 (Corner Z10-2018.68)
-
In addition to the provisions of HCM-50-2019, the following provisions are also
applicable:
i.
permitted uses are limited to a single detached dwelling and a hostel which may be located in
two separate primary buildings
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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ii.
for the purposes of this zone only, "hostel" shall mean a building or structure used primarily for
the purposes of catering to the needs of the traveling public by furnishing temporary or transient
sleeping accommodations in the form of private and semi-private guest rooms and may include
staff quarters, recreational facilities, guest services and communal cooking facilities, but does
not include any other establishments otherwise defined or classified in this By-Law. A hostel that
provides accommodation to ten (10) or less people including staff may be located in a dwelling
iii.
a front yard setback of 4.5 metres for the dwelling existing as of the date of passage of this by-
law is permitted
iv.
minimum setback to HCM-50-2019a zone boundary shall be 2 metres
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 23 RCM - Provisions For Rural Commercial & Industrial Zone
23.1 Uses Permitted
No person shall within the RCM 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 accessory detached dwelling in accordance with Sections 6.4 and 6.5
-
establishments for the repair and servicing of agricultural implements and equipment
-
establishments for the storage, grading and handling of seed, feed fertilizer and farm
produce, together with a sales office for such products
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
-
shipping containers in accordance with Section 6.3.14 of this By-law
-
fuel storage establishments
-
greenhouse (Z-30-2009.68, By-law 2009-87,13Oct09)
-
sawmill
-
lumber yard
-
flour mill
-
veterinary clinics
-
kennels
-
establishment for the sale of nursery stock
-
aerodrome
-
nursery (Z-30-2009.68, By-law 2009- 87,13Oct09)
-
open storage accessory to the permitted use
-
buildings, structures and uses accessory to a permitted use in accordance with Section
6.3
-
contractor's yard
-
small engine and recreational vehicle repair establishment
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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23.2 Zone Provisions
No person shall within any RCM Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
23.2.2 Buffer from Residential Zone
a)
No part of any building used for any use permitted in this zone shall be located
within 15m (49ft) of a Residential Zone.
b)
Planting areas shall be provided no less than 1m (3ft) in width and be no shorter
than 3m (9.8ft) at maturity, except within a sight triangle, in which the maximum
planting area height shall be 1m (3ft).
Provisions
All uses within RCM zone
minimum lot area (no municipal services)
4000 m2 (43057ft²)
minimum lot area (one or more communal services)
3000 m2 (32292.7ft²)
minimum lot frontage
40 m (131ft)
minimum front yard
15 m (49ft)
minimum exterior side yard
15 m (49ft)
minimum side yard
5 m (16ft)
minimum rear yard
10 m (32.8ft)
minimum ground floor area
70 m2 (753ft²)
maximum building height
15 m (49ft)
maximum lot coverage (no municipal services)
10%
maximum lot coverage (one or more communal services)
20%
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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23.3 Special Provisions
RCM-a Pt Lot 26, Con 3 WBR (Eastnor)
-
an accessory café with a maximum floor area of 600 sq ft that is accessory to a garden
supply and nursery establishment.
RCM-b deleted, By-Law 2020-08
RCM-c Lot 15, Conc. 4 WBR (Eastnor)
Permitted uses only machine shop
-
Max. lot coverage shall be 17%
-
Planting areas shall be required in the side yards in accordance with Section 6.22
(Planting Area), save and except for the following provision:
-
The planting area on the southeast side of the proposed lot addition shall have a width
of 45.7 m (149.9 ft) and a depth of 167.6 m (549.8 ft).
RCM-d Lot 21, Con 5 EBR (Eastnor)
-
a concrete batching plant and the crushing and washing of aggregates, a machine
shop, a welding shop a wood and steel fabricating operation are permitted uses.
RCM-e Lot 40, Con 3 EBR (Eastnor)
Permitted uses only:
-
sawmill
-
lumber yard
-
Planting area required in front yard in accordance with Section 6.22 (Planting Area)
RCM-f Lot 8, Con 4 EBR (Lindsay)
-
uses limited to manufacturing of flags
-
single detached dwelling permitted
-
maximum lot coverage 15%
-
planting area in front and side yards in accordance with Section 6.22 (Planting Area)
RCM-i 17 Hay Bay Road (St. Edmunds) (35)
-
uses limited to fish net construction and or repair
RCM-j Pt Lot 24, Conc. 3 WBR (Lindsay)
-
permitted industrial uses shall be limited to an industrial sawmill and wood products
processing facility.
RCM-k Pt. Lot 42 - 45, Con 1 WBR (St. Edmunds) (34)
Permitted uses include:
-
airport
-
public uses
-
aviation manufacture, repair or service establishment
-
industrial and commercial uses related to airports and aeronautics
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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RCM-l Pt. Lot 26, Con 1 WBR (Eastnor) (Z12 Atkinson Z-12-2005.62) By-law 2005-55
-
reduced minimum side yard setback from 5.0m(16ft) to 4.0m(13ft) for the garage
(primary use)
-
reduced minimum lot frontage from 55m(180 ft) to 53m(175 ft) for a lot containing a
detached accessory dwelling (Section 6.4)
RCM-2010-22 2673 Hwy 6 & 52 Spry Rd; Con 2 EBR Parts Lot 21 (Eastnor) Z-42 Blacklock
-
permitted uses shall be limited to a contractor's yard and an accessory detached
dwelling.
RCM-2012-06 3458 Hwy 6; Con 3 EBR Pt Lot 40; 3R4976 PARTS 1-3 (Eastnor) Z-53 Liverance
-
permitted uses shall be limited to a sawmill, a lumber yard and a building supply sales
establishment
RCM-20-2015 Part Lot 36 Concession 2 EBR (Eastnor) Rydall c/o Cuesta By-law 2015-21
-
Permitted uses shall be limited to the following:
. Sawmill
a. Contractor's yard
b. Buildings, structures and uses accessory to a permitted use in accordance with
Section 6.3
-
The minimum front yard and exterior side yard setbacks shall be 30 metres (100 feet)
-
Outdoor storage shall not be permitted in any required yard setback
-
With exception to the entrance and sign permitted by the Ministry of Transportation,
required setback areas shall be maintained in a natural state.
RCM-i-13-2019 - Part Farm Lot 4, West Side Bury Road, Plan Bury as in R379962, (St. Edmunds) - 17 Hay
Bay Road (Escarpment Heights Inc. Z45-2018.66)
-
permitted uses are limited to fish net construction and/or repair and a parking lot
a. minimum width for 90-degree parking spaces shall be 2.7 metres
b. minimum maneuvering aisle width for 90-degree parking spaces shall be 7.5 metres
-
The entire property is designated as a site plan control area under Section 41 of The
Planning Act, R.S.O. 1990, as amended.
RCM-82-2021 Eastnor Concession 3 WBR Part Lot 25, RP 3R8893 PART 2, 59 Burma Rd (Reimer-
Catteau Z-2021-023)
-
Permitted uses shall be limited to a contractor's yard, an accessory detached dwelling in
accordance with Sections 6.4 and 6.5, and permitted accessory uses in accordance with
Section 6.3.
-
The front yard setback shall be 60 metres.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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Section 24 EX - Provisions For Industrial Zone 2 (Extractive Industrial)
24.1 Uses Permitted
No person shall within the EX Zone use any lot or erect, alter or use any building or structure for
any purpose except for one or more of the following uses:
(a)
Residential Uses
-
none
(b)
Non-Residential Uses
-
a pit
-
a quarry
-
a wayside pit
-
buildings, structures and uses accessory to a permitted use including a private
fuel pump island and an open storage area in accordance with Section 6.3
-
agricultural uses (excluding accessory farm dwelling)
-
conservation areas
-
contractor's yard
-
a portable asphalt plant used by a public authority
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
-
shipping containers in accordance with Section 6.3.14 of this By-law
24.2 Zone Provisions
No person shall within any EX Zone use any lot or erect, alter or use any building or structure
for the purpose except for one or more of the following provisions:
minimum lot area
1 hectare (2 acres)
minimum lot frontage
76.2 m (250 ft.)
maximum lot coverage
1 %
minimum setback from a municipal road allowance
30 m (98 ft.)
for area of extraction
minimum setback from any lot lines
15 m (49 ft.)
maximum building height
30 m (98.4 ft.)
24.3.1 When an Extractive Industrial use abuts another such use no side lot boundary setback shall be
required.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
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24.4 Special Provisions
EX-89-2011
Pt Lots 12-13 & Lots 14-15, Conc 2EBR (Lindsay) (Hayes Z-35-08.66) Nov14, 2011
-
A reduced minimum lot frontage from 76.2 m (250 ft) to 0 m (0 ft) shall be permitted.
-
A reduced setback from lot lines from 15m (50 ft) to 0 m (0 ft) shall be permitted along
the lot line associated with the quarry.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
122
Section 25 'I' - Provisions For Institutional Zone
25.1 Uses Permitted
No person shall, within any I Zone, use any lot, or erect, alter or use any building or structure for
any purpose except for one or more of the following uses:
-
an accessory dwelling unit or detached dwelling in conjunction with a church and used
as a residence by the minister, rabbi, priest or other religious head of the church
congregation in accordance with Section 6.5 or Section 6.4 whichever is applicable
-
a dormitory in conjunction with an educational facility
-
a private or public nursing home
-
a home for the aged
-
a church
-
a cemetery and crematorium
-
a private or public curling or skating arena
-
an assembly hall
-
a public school
-
a separate school
-
a day nursery
-
a private club
-
a post office
-
a hospital
-
a health care clinic
-
a private school
-
a museum
-
a public use
-
a library
-
fire station
-
recycling depot
-
open storage accessory to the permitted public use
-
a private campground or lodge existing at the date of the passing of this by-law
-
food trucks in accordance with the associated Food Truck licensing by-law
requirements
-
shipping containers in accordance with Section 6.3.14 of this By-law
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
123
25.2 Zone Provisions
No person shall within any I Zone use any land or erect, alter or use any building or structure
except in accordance with the following provisions:
Provisions
No municipal water
or sewer
Municipal water or
sewer
Municipal water
and sewer
minimum lot area
4000 m2 (43057 ft²)
1800 m2 (19375.6 ft²)
550 m2 (5920 ft²)
minimum lot frontage
40 m (131 ft)
30 m (98 ft)
15 m (49 ft)
minimum lot frontage corner lot
43 m (141 ft)
33 m (108 ft)
18 m (59 ft)
minimum front yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum exterior side yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum side yard
5 m (16 ft)
5 m (16 ft)
5 m (16 ft)
minimum rear yard
7.6 m (24.9 ft)
7.6 m (24.9 ft)
7.6 m (24.9 ft)
minimum ground floor area
70m2 (753 ft²) (a) (b)
70m2 (753 ft²) (a) (b)
70m2 (753 ft²) (a)
(b)
maximum building height - main
building
10 m (32.8 ft)
10 m (32.8 ft)
10 m (32.8 ft)
maximum number of accessory
buildings
5
5
5
Maximum height accessory
building
5 m (16 ft)
5 m (16 ft)
5 m (16 ft)
maximum lot coverage
10%
20%
30%
Footnote
(a)
Structures or buildings used for recreation, administration, or maintenance shall conform to
the requirements of the above, save and except for the minimum ground floor area which
may be reduced to 30m2 (322.9ft2).
(b)
Uses accessory to a public use do not require a minimum building ground floor area.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
124
25.3 Existing Lots
In any Institutional Zone where an existing lot has a lesser area and/or frontage than required in
the applicable Institutional Zone, such lot may be used in accordance with the applicable zone
provided that all other provisions of this By-law are complied with.
25.4 Special Provisions
I-a
80 Main St., Unit 21, Plan D-5 (Lion's Head) (20) (Golden Dawn Senior Citizens)
-
Maximum Lot Coverage 25%
-
exterior side yard 1.22 m (4 ft)
-
front yard 1.49 m (4.9 ft)
I-b
Lot 20, Con 2 EBR (Eastnor)
-
uses limited to a church and accessory uses
I-c
Lot 4, Con 4 EBR (Eastnor)
-
uses limited to a cemetery and accessory uses
I-d
Pt Lot 37, Con 3 EBR (Eastnor)
-
uses limited to an Ontario Ministry of Transportation depot and accessory uses
I-e
Pt Lot 36, Con 2 EBR (Eastnor)
-
uses limited to a Canadian Legion Branch and accessory uses
I-f
Pt Lot 23, Con 2 EBR (Eastnor) Pt Lot 28, Conc. 3 EBR (Eastnor)
-
uses limited to a hydro transformer station and accessory uses
I-g
11 Nicholas St., Pt Block A, Town Plot Bury EBR (St. Edmunds) (35) (ambulance station)
-
Minimum lot area - 1,017 m2 (10956 ft2)
-
Maximum lot coverage - 20%
-
Minimum front yard setback - 3 m (10 ft)
-
Minimum lot frontage - 25 m (82 ft)
I-h
D-6 Unit 46 (Lion's Head) (Forbes c/o Christ Church Z-23-2006.64) By-Law 2007-20
-
permitted uses limited to a cemetery
-
a fence with a minimum height of 1.5m (5ft) shall be required on the north, east and
south property boundaries of the cemetery
I-70-2016 Concession 4 EBR Parts Lot 9 (Lindsay) (Hayes Estate Z-74-16.66)
Notwithstanding Section 25, those lands delineated as 'I-70-2016 on Schedule "A" to this By-law
may be used in compliance with the RU1 zoning provisions contained in this By-law excepting
however that:
-
minimum lot size shall be 0.35 ha (0.87 ac)
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
125
Section 26 OS - Provisions For Open Space Zone (General Open
Space)
26.1 Uses Permitted
No person shall within any OS Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
-
an accessory dwelling unit only in conjunction with a golf course use and in accordance
with Section 6.4 & 6.5.
-
parks, private parks, conservation areas, historic sites
-
golf courses
-
buildings, structures and uses accessory to a permitted use
-
curling and skating arena
-
municipal boat launching and docking
-
an agricultural use but not an intensive agricultural use
-
sewage treatment works
26.2 Zone Provisions
No person shall within any OS Zone use any land or erect, alter or use any building or structure
except in accordance with the following provisions:
Minimum lot area
1 hectare (2 acres) (a)
Minimum building setback
10 m (32.8 ft.) from any lot line
Maximum height, main building
10 m (32.8 ft.)
Maximum height, accessory building
5 m (16 ft.)
Minimum ground floor area golf course, main building
100 m2 (1076 ft2)
Maximum lot coverage
1%
Footnote
(a)
The minimum lot area for public parks, conservation areas and historic sites may be
reduced to 300 m2 (3229.3ft2).
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
126
26.3 Special Provisions
OS-a Lot 23 & 24, Con 4 WBR, Lot 22, 23 & 24, Con 3 WBR (Eastnor)
Permitted uses:
-
assembly hall
-
day nursery
-
parks
-
conservation areas
-
boat storage
-
private club
-
recycling depot
-
swimming pool
-
tennis court
-
buildings, structures and uses accessory to
a permitted use
Zone provisions:
minimum lot area
9 hectares (22.2 acres)
minimum setback
10 m (32.8 ft)
maximum height, main building
10 m (32.8 ft)
maximum height, accessory building
5 m (16.4 ft)
maximum lot coverage
3%
OS-b Lot 23 & 24, Con 4 WBR, Lot 22, 23 & 24, Con 3 WBR (Eastnor)
Permitted uses:
-
Conservation area
-
a maximum of 12 docks and one main dock
-
sewage treatment works
-
board walk
OS-c Part Lots 10/11 Concession 7 WBR (Eastnor) (Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62)
OMB Decision PL100502 / 100503
Notwithstanding Section 26.1, the lands delineated as "OS-c" shall be subject to the provisions
of Section 13, except as follows:
i.
No buildings or structures are permitted, except connections to electrical supply,
telephone systems, cable systems, and similar services.
ii.
No individual water supply or sanitary sewage treatment systems are permitted.
iii.
One driveway having a maximum width of 3.5m is permitted provided that:
a. the driveway is located as stipulated in the Vegetation and Natural Areas Retention
Plan approved by the Municipality and the Grey Sauble Conservation Authority as
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
127
required by the Conditions of draft Approval of the Plan of Subdivision or by the
Subdivision Agreement for the subject lands, and
b. Lots 1 to 7 on the proposed Draft Plan of Subdivision for the lands that are subject
of this By-law shall not have vehicular access over the Original Unopened Road
Allowance between Lot 10 Concession 7 and Lot 11 Concession 7.
OS-d Part Lots 10/11 Concession 7 WBR (Eastnor) (Tyler/Wildflower 41T 2009-04.62 / Z-51-09.62) OMB
Decision PL100502 / 100503
Notwithstanding Section 26.1, the lands delineated as "OS-dx" shall be subject to the provisions
of Section 26 of this By-law except as follows:
i.
Permitted uses shall be limited to passive park and conservation area.
ii.
No buildings or structures of any kind shall be permitted on lands zoned OS-d.
iii.
No parking shall be permitted on lands zone OS-d.
iv.
No boat docking shall be permitted on lands zoned OS-d.
v.
No motorized vehicles shall be permitted to be located on or use land zoned OS-dx.
vi.
No tree cutting shall be permitted on lands zoned OS-d except for tree cutting
consistent with accepted good forestry management with the intent of preserving the
natural features of the park.
OS-e Pt Lot 33 and 34, Con 9 EBR (Lindsay)
Permitted uses are limited to a parking lot
OS-f
4 Cameron Lake Rd, Con 1 EBR Pt Lot 34 (St Edmunds) (Adams Z-10-09.68) By-law 2009-39
i.
Permitted uses shall be limited to parks, private parks, conservation areas, and
historic sites.
ii.
All buildings, structures and site grading and drainage works shall be prohibited
OS-76-2019 Eastnor Concession 6 WBR Part Lots 11, 12, 13 plus 66-foot strip along shore, 423 Shaw
Road (Hobson Z26-2019.62)
-
OS Open Space uses are permitted except for a golf course
**"Explanatory Note: This note does not form part of this By-law and is
intended to provide additional relevant information concerning lands in this
zone. These lands are subject to an application to approve a Plan of
Subdivision at the time of passing and will be subject to additional
requirements through conditions of Draft Plan Approval, or a Subdivision
Agreement that will directly relate to the use of the lands, and the erection of
buildings or structures on the lands, and/or site plan approval."
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
128
Section 27 MIS - Provisions For Municipal Infrastructure Services Zone
(Municipal Infrastructure Services)
27.1 Uses Permitted
No person shall within any MIS Zone use any lot or erect or use any building or structure for
any purpose except one or more of the following uses:
-
a waste disposal site
-
an accessory building for administration and storage of equipment
-
all uses permitted in the OS Zone save and except for any buildings or structures
-
a municipal or provincial water treatment plant or pumping station
-
a municipal or provincial sewage treatment plant or pumping station
-
recycling plant
-
way side pit
27.2 Zone Provisions
Except as provided in Section 27.4 no person shall within any WD Zone use any lot or erect,
alter or use any building or structure except in accordance with the following provisions:
minimum lot area
4 hectares (9.8 acres)
minimum lot frontage
20 m (65.6 ft.)
maximum lot coverage
1 %
minimum setback from any lot line for all structure
15 m (49 ft.)
maximum building height
10 m (32.8 ft.)
minimum setback (dumping or disposal or
30 m (98ft)
waste material) from lot line
27.3
All OS Zone uses permitted in a MIS Zone shall be subject to the OS Zone provisions
regarding such uses.
27.4 Special Provisions
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
129
Section 28 EH - Provisions For Environmental Hazard Area Zone
28.1 Uses Permitted
No person shall within any Environmental Hazard Zone use any lot for any purpose except for
one or more of the following uses:
-
parks, conservation areas, picnic areas, historic sites
-
existing agricultural uses
-
boat launching and docking and housing
-
pumphouse
-
forestry
28.2 Structures Permitted
No person shall within any Environmental Hazard Zone erect, alter, or use any building or
structure for any purpose except for one or more of the following:
-
non-habitable buildings or structures designed for the purposes of flood and/or erosion
control
-
boat house as per Section 6.3.9
28.3 Zone Provisions
No person shall within any Environmental Hazard Zone use any land or erect, alter or use any
building or structure, except in accordance with the following provisions:
Provisions
Flood Control Buildings
Boat House
minimum building setback from side lot line
10 m (32.8 ft)
5 m (16 ft)
minimum building setback from lot line
0 m (32.8 ft)
0 m (0 ft)
abutting a water body
maximum building area
20 m2 (215 ft2)
55.7 m2 (600 ft2)
maximum building height
3 m (9.8 ft)
5 m (16 ft)
28.4 Minor Adjustments to Zone Boundary
Notwithstanding the boundaries designated for the EH-Environmental Hazard Zone shown on
Schedule 'A' to this By-law, minor changes may be made to these boundaries without a formal
amendment to this By-law. Such minor boundary changes must be approved in writing by the
Grey-Sauble Conservation Authority and the Chief Building Official of the Corporation.
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
130
28.5 Special Provisions
EH-a Lot 27, Conc. 4 WBR, Eastnor Twp. (map 11)
-
Existing building & structures permitted
-
Alteration, expansion in accordance with 'R1' provisions and Section 30 (flood proofing)
EH-b-H Part Lot 16, Con 7 WBR (St. Edmunds) (Joris)
-
Development in the EH-b zone shall be in accordance with the R2 Resort Residential
zone provisions as laid out in Section 12.2 Zone Provisions
-
Permitted uses will be limited to a cottage dwelling, one private guest cabin accessory
to a permitted use and buildings, structures and uses accessory to a permitted use in
accordance with Section 6.3
-
All buildings must be situated above an elevation of 178.2 meters G.S.C
-
The minimum elevation of the top of the shoreline protection structure must be at or
above an elevation of 177.6 meters G.S.C
The 'H' Holding provisions shall be removed when the following conditions have been met:
a. The applicant enters into a site plan control agreement with the Municipality; and
b. A qualified consultant provides written confirmation to the CBO/Clerk that the shoreline
protection structure is at or above an elevation of 177.6 meters G.S.C
EH-c Pt Lot 25, Con 2 WBR (Lindsay) (Mosiuk)
-
Outside storage/display of goods shall be permitted in accordance with Section 6.28
Open Storage - Commercial and Industrial Zones
-
The outside storage/display shall be limited to goods (garden sheds and lawn furniture)
produced on site
-
Reduced front yard setback to 8 m (26 ft) shall be permitted. The reduced front yard
setback will apply only to the storage/display of goods produced on site and not to any
permanent buildings or structures that require a building permit.
EH-02-2014 Part Lot 20 Concession 5 WBR (Eastnor) (Weatherhead, Z-43-2012.62)
a. Tree cutting and/or site alteration are prohibited
EH-04-2017 Part Farm Lot 3, Town Plot Bury, WBR, Part 2, Plan 3R-4866, Parts 1, 2 and 3, Plan 3R-
5327, (St. Edmunds) Peacock Z-68-16.68
a. Development and site alteration is prohibited with the exception of a concrete retaining wall,
chain link fence and two (2) light standards
The entire property is designated as a site plan control area under Section 41 of The Planning
Act, R.S.0. 1990, as amended. No development shall occur except in compliance with a Site
Plan Control Agreement registered on title of the property.
EH-89-2019 St Edmunds Part Block 3, Town Plot Bury WBR (Robins / Peacock Foodland HSKP #3)
-
Development and site alteration is prohibited with the exception of a concrete retaining wall,
chain link fence and two (2) light standards
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
131
Section 29 PD - Provisions For Planned Development Zone
29.1 Uses Permitted
No person shall within a PD Zone may use any lot or erect, alter or use any building or
structure, for any purpose except the following:
(a) uses, buildings and structures existing at the date of passing of this By-law
(b) uses permitted in the RU1, OS and EH Zones provided that no buildings or structures
are erected.
(c) the expansion and alteration to existing detached dwellings and accessory uses shall
be permitted in accordance with the provisions of the R1-Detached Residential zone.
(d) accessory buildings and structures are permitted, in accordance with Section 6.3
(Accessory Uses) and notwithstanding Section 6.15 (Frontage on a Public Road).
29.2 Special Provisions
PD-63-2015
Concession 1 EBR Part Lot 50, Plan 3R4890 Parts 1 and 2 (St Edmunds)
(McAfee c/o NPB Z-37-15.68)
Notwithstanding Section 29.1,
i.
Uses, buildings and structures existing at the date of passage of this by-law as
permitted
ii. Home-based business permitted in the R1 Zone and subject to the provisions for those
uses
North Bruce Peninsula Comprehensive Zoning By-law 2002-54
132
Section 30 - Enactment
30.1
Conflict with Other By-laws
In the event of any conflict or inconsistency between this By-law and any other general or
special By-law of the Corporation, the provisions of this By-law shall prevail.
30.2
Repeal of Existing By-law
From the coming into force of this By-law, all previous by-laws passed under Section 34 of the
Planning Act, R.S.O. 1990 or a predecessor thereof shall be deemed to have been repealed
except to the extent that any of the said by-laws prohibit the use of any land, building or
structure for a purpose that is also prohibited by this By-law.
30.3
Effective Date
This By-law shall come into force on the date it is passed by Council subject to the provisions of
The Planning Act, R.S.O. 1990.
READ A FIRST & SECOND TIME THIS 28th DAY OF October 2002.
REEVE 'Milt McIver'
CLERK
'Cathy Robins'
Read a third time & finally passed this 28th day of, October 2002.
REEVE
'Milt McIver'_
CLERK
'Cathy Robins'