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4-1
SECTION 4 - GENERAL ZONE PROVISIONS
The contents of this Section are as follows:
Page No
4.1
Abandoned Equipment and Motor Vehicles Without a
Current Validation Sticker
4-2
4.2
Accessory Buildings, Structures and Uses
4-2
4.3
Accessory Residential Uses
4-7
4.4
Bed and Breakfast Establishments
4-8
4.5
Building Spacing
4-9
4.6
Buffer Strip Regulations
4-9
4.7
Cannabis Production and Processing
4-10
4.8
Dwelling Unit Under Construction
4-11
4.9
Established Building Line
4-11
4.10 Existing Buildings, Structures and Uses
4-11
4.11 Existing Undersized Lots
4-13
4.12 External Building Materials
4-13
4.13 Frontage Requirements
4-14
4.14 Greater Restrictions
4-15
4.15 Group Homes
4-15
4.16 Holding Zone Provisions
4-16
4.17 Home Industries
4-17
4.18 Home Occupations
4-18
4.19 Illumination
4-19
4.20 Kennels
4-19
4.21 Loading Space Regulations
4-20
4.22 Lots Containing More than One Use
4-21
4.23 Lots Divided into More than One Zone
4-21
4.24 Minimum Distance Separation Requirements - Agricultural Uses
4-21
4.25 Mobile Vendors
4-22
4.26 Parking Area Regulations
4-22
4.27 Prohibited Habitation
4-25
4.28 Prohibited Uses
4-26
4.29 Public Uses
4-27
4.30 Setbacks from Water Bodies, Watercourses and Wetlands
4-28
4.31 Setbacks on Provincial Highways, County and Township Roads
4-29
4.32 Special Separation Distance - Industrial and Sensitive Land Uses
4-29
4.33 Special Separation Distances - Pits and Quarries
4-30
4.34 Special Separation Distances - Railway Corridors
4-30
4.35 Special Separation Distances - Waste Disposal Areas
4-30
4.36 Site Triangles
4-31
4.37 Solid-Fuel Burning Appliances
4-31
4.38 Source Water Protection Suffix
4-31
4.39 Through Lots
4-32
4.40 Wayside Pits and Quarries
4-32
4.41 On-Farm Diversified Uses
4-33
4-2
4.1
ABANDONED EQUIPMENT AND MOTOR VEHICLES
WIHOUT A CURRENT VALIDATION STICKER
Notwithstanding the provisions of Section 4.26.7 to the contrary, no person may
use any lot in any zone for the parking, storage, or locating of unused or discarded
equipment or motor vehicles without a current validation sticker except that:
4.1.1 One such vehicle may be stored inside a private garage.
4.1.2 Commercial vehicles normally licensed for only part of the year may be
stored on the same lot from which the business they are used in
conjunction with is operated, provided that in any Residential Zone such
commercial vehicle shall not exceed 1.0 tonne capacity.
4.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.2.1
Permitted Uses
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 the
following:
a) any occupation for gain or profit conducted within or accessory
to a dwelling unit or on such lot associated therewith, except as
is specifically permitted in accordance with this By-law; or
b) any building used for human habitation except in accordance
with this By-law, as is specifically permitted.
4.2.2
Relation to Street or Private Road
4.2.2.1
Hamlet Residential (HR) Zone
An accessory building or structure, which is not part of the
principal or main building on the lot, shall not be erected closer
to the street line than the principal or main building on the lot
and shall further be erected in conformity with the yard and
setback requirements of the Hamlet Residential (HR) Zone,
except as may otherwise be provided for herein.
4.2.2.2
Other Residential and Non-Residential Zones
a) No accessory building or structure shall be erected
closer to the street line than the minimum required yard
and setback requirements of the respective Residential
or Non-Residential Zone and, further, shall not be
erected closer than 3.0 metres (9.84 ft.) to an interior
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side or rear lot line except as may otherwise be
provided for herein. Notwithstanding the foregoing, a
gatehouse or information kiosk or other similar
accessory structure shall be permitted within a required
front or side yard or within the area between the street
line and the required setback.
b) No accessory building or structure shall be erected
closer than 3.0 metres to any lot line from any legal
easement or right-of-way (i.e. private road), where the
property is a standard waterfront lot.
4.2.3
Relation to Principal or Main Building
The separation distance between any accessory building or structure which
is not part of a principal or main building, and a principal or main building
on the same lot, shall be governed by the provisions of the Ontario Building
Code Act.
4.2.4
Lot Coverage and Height
Except as otherwise provided herein, the total lot coverage of all accessory
buildings and structures of a lot, except swimming pools, shall not exceed
five (5) percent of the lot area and shall be considered in addition to any
other lot coverage regulations as specified in this By-law. [Refer to Section
4.2.12 regarding coverage regulations for swimming pools.]
Notwithstanding the foregoing, within the General Industrial (MG) Zone, the
total lot coverage of all accessory buildings or structures shall not exceed
ten percent (10%) of the lot area.
Except as otherwise provided herein, the height of any accessory building
or structure shall not exceed 7.5 metres (24.60 ft.) in the Rural (RU) Zone
or Agricultural (A) Zone and 5.0 metres (16.40 ft.) in any other zone.
4.2.5
Accessory Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining
walls, fences, signs or similar uses which comply with the licensing and/or
regulatory By-laws of the Corporation, shall be permitted in any required
yard or in the area between the street line and the required setback.
4.2.6
Fire Escapes
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed fire escapes may project into any required yard a
maximum distance of 1.2 metres (3.94 ft.).
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4.2.7
Location
Except as otherwise provided herein, in any Residential zone category any
accessory building or structure which is not part of the main building shall
be erected:
a) to the rear of any required front yard;
b) with a minimum rear yard of 1.2 metres (3.94 ft.); and
c) with a minimum side yard of 1.2 metres (3.94 ft.).
4.2.8
Garages
4.2.8.1
Notwithstanding the yard and setback provisions of this By-law and
the provisions of Section 4.2.2 to the contrary, an attached or
detached private garage may be located in a front yard, exterior
side yard, interior side yard or rear yard in accordance with the
following:
a) where such private garage is located in an interior side yard, it
shall not be closer than 1.2 metres (3.94 ft.) to the interior side
lot line;
b) where such private garage is located in a rear yard it shall not
be located closer than 1.2 metres (3.94 ft.) to the interior side
lot line or rear lot line;
c) where such private garage is located in a front yard or exterior
side yard, whether attached to and forming part or the principal
or main building or detached therefrom, such accessory
building shall not be located closer to the lot line than the
required front or exterior side yard of the respective zone; and
d) where such private garage is located within the rear yard of a
through lot, it shall not be located closer than 6.0 metres
(19.66 ft.) to the lot line abutting the street.
4.2.9
Pump House or Dock
Notwithstanding any other provision of this By-law to the contrary, a pump
house, a dock or other marine facility, or other structure that is permitted by
Section 4.30.1 may be erected and used in the yard of a lot fronting on a
navigable waterway, provided, such accessory buildings or structures are
located no closer than 1.2 metres (3.94 ft.) to the side lot line.
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4.2.10 Railway Spur in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an Industrial zone, a railway spur shall be permitted within any
required side or rear yard, but not within a required planting strip area
except for ingress and egress.
4.2.11 Ornamental Structures
Notwithstanding the yard and setback provisions of this By-law to the
contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or
other ornamental structures may project into any required yard or the area
between the street line and the required setback a maximum distance of
0.76 metres (2.5 ft.).
4.2.12 Swimming Pools
a) The provisions of Section 4.2.12 shall only apply to swimming pools that
are regulated by the Municipality's regulatory by-law for such uses.
b) Notwithstanding the yard provisions of this By-law to the contrary, an
outdoor swimming pool shall only be permitted in an interior side yard or
a rear yard of a lot. Such outdoor swimming pool shall not be located
within 1.2 metres (3.94 ft.) of the rear or interior side lot lines, and shall
not be closer than 3.0 metres (9.84 ft.) to that portion of a rear lot line
that adjoins a side lot line of an adjoining lot.
c) In cases where the rear lot line abuts a municipal road, swimming pools
shall be located at a distance that is equivalent to the rear yard setback
of the applicable zone.
d) Notwithstanding the above, an outdoor swimming pool shall be
permitted in an exterior side yard of a corner lot provided that such
outdoor pool shall not be located closer than 3.0 metres (9.84 feet) from
an exterior side lot line.
e) Notwithstanding the above, a swimming pool may be permitted in the
front yard on lots within the Agricultural (A), Rural (RU), Rural
Residential (RR), and Estate Residential (ER) Zones, provided such lots
have a front yard depth of 18.0 metres or more.
f) No water circulating or water treatment equipment such as pumps, filters
or heaters shall be located closer than 3.0 metres (9.84 feet) to any side
lot line or rear lot line.
g) The maximum area covered by an outdoor swimming pool shall not
exceed 15 percent (15%) of the total lot area.
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4.2.13 Unenclosed Porches, Steps, Patios, Decks and Balconies
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed porches, steps, patios, decks and balconies, may
project into any required yard a maximum distance of 1.5 metres (4.92 ft.)
but not closer than 1.2 metres (3.94 ft.) to any lot line, provided that in the
case of porches, steps or patios such uses are not more than 1.8 metres
(5.9 ft.) above grade (measured at the floor surface elevation).
Balconies and decks that are greater than 0.61 metres (2.0 ft.) above grade
(measured at the floor surface elevation) shall comply with the applicable
minimum required yard of this By-law.
4.2.14 Signs
The provisions of this by-law shall not apply to prevent the erection,
alteration or use of any sign provided such sign complies with any By-laws
of the Corporation regulating signs.
4.2.15 Temporary Buildings and Structures for Construction Uses
A construction trailer, scaffold, shipping containers, or other building or
structure incidental to construction is permitted in all Zones within the
Corporation on the lot where construction is being undertaken and only
for so long as it is necessary for the work in progress and until the work is
completed or abandoned. For the purpose of this By-law, "abandoned"
shall mean the failure to proceed expeditiously with the construction work.
4.2.16 Outside Storage as an Accessory Use
The outside display and storage of goods and materials is permitted only
where such a use is accessory to a permitted use, unless specifically
stated otherwise in this By-law.
4.2.17 Height Exceptions for Accessory Building and Structures
Notwithstanding the height provisions herein contained, nothing in this By-
law shall apply to prevent the erection, alteration, or use of the following
accessory buildings or structures provided the principal use is a use
permitted within the Zone in which it is located, namely: a church spire, a
belfry, a flag pole, a clock tower, a chimney, a water tank, a windmill, a
communications tower or antenna less than 30 metres (98.43 ft.) in height
above average ground level, air conditioner duct, grain elevator, a barn or
silo, incidental equipment required for processing, and, external equipment
associated with internal building equipment.
4-7
4.2.18 Satellite Signal Broadcast or Receiving Dishes
Notwithstanding any other provisions for accessory uses or structures set
forth in this By-law, satellite signal broadcast or receiving dishes and their
supporting towers shall be permitted in all zones.
A free-standing satellite dish with supporting tower shall only be permitted
in a rear or side yard, and shall comply with the requirements of Section
4.2.7 of this By-law. Notwithstanding this provision, a satellite dish may be
mounted on a building.
These requirements shall not apply to satellite signal broadcast or receiving
dishes associated with communication towers, as set forth in Section 4.29
"Public Uses".
4.2.19 Shipping Containers
4.2.19.1 General Provisions for All Zones
a) A shipping container shall only be permitted in an interior side yard or a rear
yard of a lot. Such shipping container shall not be located within 1.2 metres
(3.94 ft.) of the rear or interior side lot lines and shall not be closer than 3.0
metres (9.84 ft.) to that portion of a rear lot line that adjoins a side lot line of
an adjoining lot.
b) Modifications to the shipping container in the form of windows, doors, etc.
will be required to be supported by engineering studies undertaken by a
qualified professional structural engineer;
c) The dimensions of a shipping container in any permitted Zone should
generally be 2.5 metres (width) by 6.0 metres (length) by 2.5 metres (height)
or a maximum floor area of 15 m²; anything exceeding these requirements
will require a building permit;
d) Shipping containers will be encouraged to undergo thorough inspection and
cleaning to ensure there are no dangerous or corrosive substances on the
container prior to being placed on any lot in the Township;
e) Shipping containers are prohibited from being stacked;
f) A shipping container in any zone shall be in good condition; free from rust,
vandalism, and shall not display any form of profanity;
g) Shipping containers shall not be permitted within the 30.0 metre water yard
setback.
h) Shipping containers shall not be permitted for human habitation;
i) Shipping Containers shall comply with the Ontario Building Code;
j) All activities within the Shipping Container shall comply with the Ontario Fire
Code and applicable regulations;
k) All shipping containers shall comply with the total lot coverage and
accessory lot coverage in the applicable zone.
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4.2.19.2 Residential Zones
a) Shipping container as an accessory structure to a dwelling unit shall be
permitted within any Residential Zone
b) The shipping container shall be permitted on a temporary basis for moving
purposes for a maximum of 30 days in a calendar year, in which case the
shipping container must be located on the driveway;
c) A shipping container is also permitted in a Residential Zone for the storage
of materials during construction, for a period not to exceed twenty-four (24)
months and must be removed from the property upon completion of
construction which will be deemed to be the date of the issuance of an
occupancy permit;
d) A shipping container shall follow the accessory structure provisions within
any Residential Zone.
4.2.19.3 Commercial Zones
All Shipping Containers are subject to accessory lot coverage in any
Commercial Zone.
4.2.19.4 Industrial Zones
All Shipping Containers are subject to accessory lot coverage in any
Industrial Zone.
4.2.19.5 Agricultural and Rural Zones
All Shipping Containers are subject to accessory lot coverage in any
Agricultural and Rural Zone
4.3
ACCESSORY AND SECONDARY DWELLING UNITS
4.3.1
Secondary dwelling units are permitted within the Rural (RU), Agricultural
(A), Rural Residential (RR), Hamlet Residential (HR), Shoreline Residential
(SR), and Estate Residential (ER) Zones, subject to the following provisions:
a)
Secondary dwelling units may only be located within a single
detached dwelling, semi-detached dwelling, or row dwelling, or
within a building or structure ancillary to a single detached dwelling,
semi-detached dwelling, or row dwelling, where such dwelling types
are listed as a permitted use within the Zone;
b)
For clarity, where a "Secondary Dwelling Unit" is permitted, the
"Secondary Dwelling Unit" may exist within the Principal or Main
Building or within an accessory structure; and
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c)
Up to two (2) secondary dwelling units may be permitted on one
property or conveyable parcel, provided there is no more than one
secondary dwelling unit located within the Principal or Main Building
and no more than one secondary unit located within an accessory
structure.
4.3.2
The following provisions shall apply to regulate the use of secondary
dwelling units:
a) A secondary dwelling unit shall only be permitted where the
Township is satisfied that adequate water and sewage services can
be provided and/or is available;
b) A secondary dwelling unit shall only be permitted on a lot benefitting
from frontage upon an "Improved Public Street or Road";
c) A secondary dwelling unit shall only be accessed via an existing
residential vehicular entrance;
d) A secondary dwelling unit shall not be permitted within the regulated
floodplain area;
e) Where a secondary dwelling unit is situated in an accessory
structure, said structure shall comply with the regulations of a
Principal or Main Building in the applicable Zone;
f) Where a secondary dwelling unit is situated in an accessory
structure, the dwelling unit may not be larger than 70% of the ground
floor area of the principal dwelling unit.
g) Notwithstanding subsection e) above and Section 4.2.4 of this By-
law to the contrary, where a secondary dwelling unit is situated in an
accessory structure, the maximum height of that accessory structure
shall be 9.0 metres.
h) Notwithstanding subsection e) above and Section 4.2.4 of this By-
law to the contrary, where a secondary dwelling unit is situated in an
accessory structure in the RR and HR Zones, the "Maximum Lot
Coverage" of all "Accessory Building(s)" upon the lot shall be ten
percent (10%);
i)
Where two (2) or more single detached dwellings exist upon a lot, a
secondary dwelling unit is not permitted within an accessory
structure;
j)
A secondary dwelling unit situated in an accessory structure may not
be located more than 50 metres from the Principal or Main Building;
k) A minimum of one (1) parking space shall be provided for the
exclusive use of the occupier(s) of the secondary dwelling unit;
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l)
MDS I shall apply to any new accessory dwelling unit to be located
within an accessory building or structure.
m) The secondary dwelling unit shall comply with the provisions of the
Ontario Building Code.
n) All new secondary dwelling units shall be registered with the
Township Building and Planning Department.
o) All other provisions of this By-law shall apply.
4.3.3 An accessory dwelling unit shall be permitted in a non-residential building
other than in a motor vehicle facility or any other non-residential building
where the sale, handling or storage of gasoline or other fuels or similar
flammable substances is undertaken.
4.4
BED AND BREAKFAST ESTABLISHMENTS
4.4.1
A Bed and Breakfast establishment shall be permitted in a single detached
dwelling only and shall have a maximum of three (3) guest rooms per
establishment.
4.4.2 Bed and Breakfast establishments shall be deemed a residential use and
shall be permitted only in zones where specifically provided for as a
permitted use.
4.4.3 Bed and Breakfast establishments shall conform to all regulations and
requirements of the zone where permitted.
4.4.4 Parking shall be in accordance with Section 4.26 of this By-law.
4.5
BUILDING SPACING
Except as specifically provided for in this By-law, building spacing shall be in
accordance with the applicable provisions of the Ontario Building Code.
4.6
BUFFER STRIP REGULATIONS
4.6.1
Contents
A "buffer strip" shall consist of a visual screen having a minimum height of
1.5 metres (4.92 ft.) above the surrounding ground level and which is
uninterrupted for the length of the buffer strip except as described in 4.6.3.
A buffer strip shall include a planting screen as defined in this By-law, a
fence which provides a visual screen, an earth berm, or any combination of
these features. The minimum width of a buffer strip shall be 3 metres
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(9.84 ft.). However, where an earth berm is to be constructed, the
minimum width of the buffer strip shall be the width required to construct a
stable earth berm having slopes no greater than a 3:1 horizontal to vertical
ratio. The portion of the buffer strip not required for placement of the visual
screen shall be used for no other purpose than the planting of shrubs,
flower beds, grass or a combination thereof.
4.6.2
Location
Where the interior side or rear lot line in a Commercial Zone or an Industrial
Zone abuts a Residential Zone or a Community/Open Space Zone
, a buffer strip adjoining such abutting lot line, or portion thereof, shall be
provided on the lot within the Commercial Zone or Industrial Zone where
a new industrial building, structure or use is to be established. A buffer
strip shall not be required for Commercial or Industrial buildings, structures
or uses in existence prior to the date of passing of this By-law or for vacant
land within a Commercial Zone or an Industrial Zone, unless the land is
used for vehicle parking or storage purposes.
4.6.3
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through
a buffer strip, it shall be permissible to interrupt the strip within 3 metres
(9.84 ft.) of the edge of such driveway or within 1.5 metres (4.92 ft.) of the
edge of such walk.
4.6.4
Maintenance
Where a buffer strip is required it shall be constructed and maintained by
the owner or owners of the lot on which the strip is located.
4.6.5
Landscaped Open Space Supplement
A buffer strip may form part of any landscaped open space required by this
By-law.
4.7
CANNABIS PRODUCTION AND PROCESSING
Notwithstanding any other provision of this By-law, any Cannabis Production and
Processing shall be subject to the following provisions:
4.7.1
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with Air Treatment
Control situated in General Industrial (MG) Zone may be located closer to
any Residential Zone, Community Facility (CF) Zone or Open Space (OS)
Zone than 70 metres.
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4.7.2
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with Air Treatment
Control situated in the Agricultural (A) Zone or the Rural (RU) Zone may be
located closer to any Residential Zone, Community Facility (CF) Zone or
Open Space (OS) Zone than 150 metres.
4.7.3
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with Air Treatment
Control situated in the General Industrial (MG) Zone may be located closer
to any Sensitive Land Use than 150 metres.
4.7.4
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with Air Treatment
Control situated in the Agricultural (A) Zone or Rural (RU) Zone may be
located closer to any Sensitive Land Use than 150 metres.
4.7.5
No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is not equipped with Air
Treatment Control situated in the Agricultural (A) Zone, Rural (RU) Zone or
General Industrial (MG) Zone may be located closer to any Sensitive Land
Use than 300 metres.
4.7.6
A building or structure used for security purposes for Cannabis Production
and Processing may be located in the required front yard and does not have
to comply with the required minimum front yard, side yard, and rear yard
setbacks.
4.7.7
An Open Storage Area is prohibited on the property in which the Cannabis
Production and Processing is located.
4.7.8
Cannabis Production and Processing shall only be permitted within the
zones explicitly indicated in this Zoning By-law.
4.7.9
All development in relation to the establishment of or expansion to
Cannabis Production and Processing shall be subject to Site Plan Control."
4.8
DWELLING UNIT UNDER CONSTRUCTION
Notwithstanding any other provisions of this By-law to the contrary, and only
where approved by Council, where a building permit has been issued for a
residential dwelling, a mobile home or a tourist trailer may be used for temporary
human habitation for a maximum of eight (8) months from the date of issuance of
the building permit, or until such time as the construction is completed and the
building occupied, or the building permit has been revoked, whichever is the
lesser period of time.
Such mobile home or trailer shall be situated in conformity with the minimum yard
requirements of this By-law, and a permit is obtained from the local Health Unit for
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an approved temporary sanitary waste disposal system.
4.9
ESTABLISHED BUILDING LINE
Notwithstanding the yard and setback provisions of the 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, as defined in this By-law, extending on
both sides of the lot, such permitted building or structure may be erected closer to
the street line or the centreline of the street or navigable waterway, as the case
may be, than required by this By-law provided such permitted building or structure
is not erected closer to the street line or the centreline of the street or navigable
waterway, as the case may be, than the established building line existing on the
date of passing of the By-law.
4.10 EXISTING BUILDINGS, STRUCTURES AND USES
4.10.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot,
building or structure for any purpose prohibited by this By-law if such lot,
building or structure was lawfully used for such purpose on October 22,
1979 in the former Township of Otonabee or December 10, 1974 in the
former Township of South Monaghan, so long as it continues to be used for
that purpose. Any uses which were illegal prior to these dates shall remain
illegal after the passing of this By-law.
4.10.2 Non-Conforming Buildings or Structures
The exterior of any building or structure, which at the date of passing of this
By-law was lawfully used for a purpose not permissible within the Zone in
which it is located, shall not be enlarged, extended, reconstructed or
otherwise structurally altered, unless such building or structure is thereafter
to be used for the purposes permitted within such zone, and complies with
all requirements of this By-law for such Zone.
4.10.3 Permitted Interior Alteration
The interior of any building or structure, which at the date of passing of this
By-law was lawfully used for a purpose not permitted within the Zone in
which such building or structure is located, may be reconstructed or
structurally altered in order to render the same more convenient or
commodious for the same purpose for which, at the date of passing of this
By-law, such building or structure was lawfully used.
4.10.4 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a
safe condition of any building or structure or part thereof, lawfully used on
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the date of passing of this By-law, provided that the strengthening or
restoration does not increase the building height, size or volume or change
the use of such building or structure in such a manner as to contravene any
provisions of this By-law.
4.10.5 Reconstruction of Damaged Existing Buildings or Structures
Nothing in this By-law shall apply to prevent the reconstruction of any
lawful non-conforming building or structure which is damaged by causes
beyond the control of the owner, provided such reconstruction does not
increase the building height, size or volume or change the use of such
building or structure.
4.10.6 Non-Complying Buildings or Structures
Nothing in this By-law shall prevent the enlargement, extension,
reconstruction, renovation, repair or alteration of a building or structure,
which existed at the date of passing of this By-law, which is used for a
purpose specifically permitted within the Zone in which such building or
structure is located, where such building or structure does not comply with
the setback or one or more yards that is or are less than required under
the provisions of this By-law provided that the setback or yard or yards
that is or are less than required are not further reduced and that all other
provisions of this By-law are complied with.
4.10.7 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use
of any building or structure, for a purpose prohibited by this By-law, for
which a permit has been issued pursuant to the Building Code Act prior to
the date of 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, provided further that the permit has not been revoked
pursuant to the Building Code Act.
4.10.8 Change of Use
The 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 conforming use.
4.10.9 Floor Area Less Than Required
Nothing in this By-law shall prevent an extension or an addition being made
to an existing permitted dwelling house, which dwelling house has a gross
floor area or dwelling unit area less than required by this By-law, provided
such extension or addition does not contravene any other provision of this
By-law.
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4.11 EXISTING UNDERSIZED LOTS
Where a vacant lot having a lesser lot area and/or lot frontage than required by this
By-law is held under distinct and separate ownership from abutting lots as shown
by a registered conveyance in the records of the Registry or Land Title Office, at
the date of passing of this By-law, or where such a lot is created as a result of an
expropriation, such smaller lot may be used for a use permitted in the applicable
Zone provided that:
a) the use complies with all other provisions of this By-law; and
b) the use of any existing undersized lot shall be permitted only if the lot can be
provided with an adequate supply of potable water, and all relevant sewage
disposal requirements under the Ontario Building Code are complied with.
4.12 EXTERNAL BUILDING MATERIALS
The following building materials shall not be used for the finished exterior vertical
facing on any wall of any residential building within the Township of Otonabee-
South Monaghan:
a) building paper/air barrier paper;
b) asphalt shingle;
c) asphalt roll-type siding; or
d) asphalt insulating siding.
4.13 FRONTAGE REQUIREMENTS
4.13.1 Public Street
No person shall erect any building or structure in any Zone unless the lot
upon which such building or structure is to be erected fronts upon an
improved public street, maintained year round, and further, that such
building or structure complies with the setback provisions of this By-law.
4.13.2 Unassumed Road
Notwithstanding the provisions of 4.13.1 to the contrary, the provisions of
this By-law shall not apply to prevent the erection of a permitted building or
structure on a lot in a Registered Plan of Subdivision where a properly
executed subdivision agreement has been entered into with the Municipal
Corporation whereunder the street or streets will not be assumed by the
Municipality until such time as specified in the said agreement.
4.13.3 Navigable Waterway
Where access to any Residential Zone category is by navigable waterway
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only, no person shall erect any building or structure on a lot unless the lot
has water frontage upon the navigable waterway.
4.13.4 Private Right-Of-Way
4.13.4.1
Notwithstanding the provisions of 4.13.1 hereof, where a
building has been erected prior to the date of passage of this
By-law on a lot which fronts on a private right-of-way
registered on title and provides legal ingress and egress to an
improved public street, the provisions of this By-law shall not
apply to prevent the enlargement, alteration, extension,
renovation or reconstruction of such a building or structure,
provided the use of such building or structure is permissible in
the zone in which it is located and that all other applicable
Zone Provisions of this By-law are complied with.
4.13.4.2
If an existing lot is located in a Limited Service Residential
(LSR) Zone and if such lot does not abut a public road but
does abut a private right-of-way providing access thereto, then
the lot shall be exempt from the provisions of Section 4.13.4
hereof.
4.13.4.3
Notwithstanding the provisions of 4.13.1 to the contrary, a lot
that existed prior to October 22, 1979 for a lot in the former
Township of Otonabee or December 10, 1974 for a lot in the
former Township of South-Monaghan, which is in a
Residential zone classification other than the Limited Service
Residential (LSR) Zone, but does not abut an improved public
street or road, may be used for a use that is permitted by the
applicable Zone, subject to the following:
) All buildings and structures shall comply with the Zone
Provisions of the Zone that applies to the lot; and
) The use of the lot shall comply with all other General
Provisions of Section 4 of this By-law.
4.14 GREATER RESTRICTIONS
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a government authority having jurisdiction to make such restrictions.
4.15 GROUP HOMES
Group Homes, with the exception of Group Homes that are licensed under the
Ministry of Correctional Services Act or secure custody children's residences shall
be permitted only in the Zones in which a Group Home is identified as a permitted
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use.
Notwithstanding any other provisions of this By-law to the contrary, the following
provisions shall apply to group homes located within the Township of Otonabee-
South Monaghan:
a)
A maximum of one group home shall be permitted on a lot, and shall be
permitted only in a single detached dwelling;
b)
A maximum of 10 group home clients per 1,000 residents of the
Municipality shall be permitted;
c)
No group home shall be located within 1,000 metres (3,280.84 ft.) of
another group home;
d)
The establishment of a group home not in accordance with these special
provisions shall require an amendment to this By-law.
4.16 HOLDING ZONE PROVISIONS
4.16.1 Permitted Uses
Where a zone symbol on "Schedule A" is followed by the Holding zone
symbol "H" the permitted uses and relevant zone provisions applicable to
that zone do not apply until such time as the Holding zone symbol "H" is
removed in accordance with the requirements of the Planning Act.
Prior to the removal of the Holding zone symbol "H" only uses that existed
as of the date of the adoption of the Holding zone provisions shall be
permitted.
4.16.2 Regulations for Permitted Uses
All regulations and provisions which apply in a zone category where there
are no Holding zone provisions in effect shall also apply where a Holding
zone has been established.
4.16.3 Removal of Holding Symbols
A Holding zone symbol shall only be removed in accordance with Section
36 of the Planning Act, 1990, as amended, and only when Council is
satisfied that the criteria for the removal of the Holding zone symbol that
are specified in the By-law that established the Holding zone symbol for the
area have been met in a manner and form acceptable to Council.
4.16.4 Removal of Holding Symbols - Landfill Sites
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In addition to the requirements of Section 4.16.3, where a Holding zone
symbol has been applied to lands adjacent to an open or closed Sanitary
Landfill Site or a Solid Waste Landfill Site in the Waste Disposal Industrial
(MD) Zone, the Holding provision shall only be removed when the
Municipality, in consultation with the Ministry of the Environment, is
satisfied that the following matters have been addressed in an appropriate
manner:
a) Studies have been carried out to the satisfaction of the Municipality that
show that the proposed development or land use is compatible with the
open or closed landfill site and can safely take place;
b) A qualified professional engineer shall carry out studies of gas, leachate
and hydrogeology;
c) The Municipality shall require the construction and phasing of all
development to coincide with the control of any problems identified by
engineering studies; and
d) The Municipality shall be satisfied with the required studies with respect
to any matter regarding structural stability, safety, and integrity of the
structure.
4.17 HOME INDUSTRIES
A home industry shall only be permitted in the Rural Residential (RR) Zone, Rural
(RU) Zone and Agricultural (A) Zone, providing such home industry complies with
the following provisions:
4.17.1 Relationship to Principal Use
The home industry may be operated or located in any part of an accessory
building or on any part of a lot subject to the applicable provisions of this
By-law. A home industry shall not be permitted to operate or locate in any
part of a dwelling house on a lot.
The maximum number of accessory buildings used for a home industry on
a lot shall be one (1).
4.17.2 Occupancy
A home industry shall only be operated by the occupant of a dwelling which
is located on the same lot.
Not more than three (3) persons, other than the occupants of the
premises, shall be employed in the home industry.
4.17.3 Size
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The maximum floor area of a home industry shall be 100 square metres
(1,076.43 square feet).
4.17.4 Lot and Yard Requirements
A home industry shall only be permitted on a lot with the following minimum
lot area and which meets the following yard and setback provisions:
a) A home industry shall not be permitted on a lot with an area less than
3,000 square metres (0.75 acres).
b) Notwithstanding any other provision of this By-law, a home industry
shall not be permitted to locate in a front yard in a Rural Residential
(RR) Zone;
4.17.5 Advertising Signage
There shall be no external display or advertisement other than a sign which
is a maximum size of 1.0 square metre (10.76 square feet).
4.17.6 Buffering
Any area used for any outdoor activity or parking associated with the home
industry shall be screened from view from a public street or road, or from
adjacent properties.
4.17.7 Parking
Any vehicles associated with such a home industry shall be parked in an
area other than a public street or a required front yard. Parking spaces
shall be provided in accordance with the requirements of Section 4.26.
4.17.8 Display of Goods and Outside Storage
There shall be no outside storage or display of materials, supplies,
equipment, tools, products or goods which are used for, or result from, the
home industry.
4.18 HOME OCCUPATIONS
A home occupation shall be permitted in any Zone where a dwelling or dwelling
unit is a permitted use, provided the home occupation complies with the following
provisions:
4.18.1 Relationship to Principle Use
The home occupation shall be clearly secondary to the main use on the lot
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and shall not change the residential character of a dwelling unit or the lot
upon which it is located.
4.18.2 Occupancy
Any dwelling containing a home occupation shall be occupied as a
residence by the operator of such home occupation. No person other than
a resident of the dwelling shall be engaged in a home occupation, plus a
maximum of one (1) employee.
4.18.3 Size
A home occupation may be operated or located in any part of a dwelling,
provided that the area devoted to such use shall not occupy more than a
floor area equivalent to 25 percent of the gross floor area of the dwelling
or 50 square metres (538.21 square feet) of floor area, whichever is the
lesser.
4.18.4 Advertising Signage
There shall be no external display of advertising other than a non-
illuminated sign not exceeding 0.4 square metres (4.31 square feet) in area
and the highest point of the sign or supporting post shall not be higher than
1.8 metres (5.91 ft.) above the surrounding average grade level to indicate
to persons outside that any part of the dwelling or lot is being used for a
purpose other than residential.
4.18.5 Display of Goods and Outside Storage
There shall be no outside storage or outside display of materials, supplies,
equipment, tools, products or goods which are used for, or result from, the
home occupation.
4.18.6 Sales or Rentals
Only those goods, wares, merchandise or services that are directly related
to the permitted home occupation and are produced on the premises may
be offered or exposed for sale or rent.
4.18.7 Public Nuisance
The operation of a home occupation shall not create nor become a public
nuisance, in particular in regard to traffic or parking, or through the use of
equipment or processes that create noise, vibration, glare, fumes, odours,
or electrical interference in excess of that normally experienced in a
residential neighbourhood.
4.18.8 Parking
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All parking spaces shall be provided on the same lot as the home
occupation, and shall be provided in accordance with the requirements of
Section 4.26.
4.19 ILLUMINATION
Lighting fixtures designed for exterior illumination shall be installed with the light
directed downward and deflected away from adjacent lots.
4.20 KENNELS
Commercial kennels shall be located and operated in accordance with the
Municipality's Kennel By-law.
4.21 LOADING SPACE REGULATIONS
4.21.1 Loading Space
Loading or unloading spaces are required under this By-law, in accordance
with the Loading Space Requirement Table and the owner of every building
or structure erected or used for any purpose involving the receiving,
shipping, loading or unloading of goods, wares, merchandise or raw
materials shall provide and maintain on the lot loading and unloading
spaces accordingly. Each loading or unloading space shall be at least 9.0
metres (29.53 ft.) long, 3.5 metres (11.48 ft.) wide and have a vertical
clearance of at least 5.0 metres (16.40 ft.). In addition, adequate space
shall be provided for the parking of vehicles awaiting access to the loading
or unloading spaces.
Area of Building
Loading Space
280 m2 (3,013.99 ft2) or less
1 space
Exceeding 280 m2 (3,013.99 ft2)
but not 2,300 m2 (24,757.80 ft2)
2 spaces
Exceeding 2,300 m2 (24,757.80 ft2)
but not 7,500 m2 (80,731.97 ft2)
3 spaces
Exceeding 7,500 m2 (80,731.97 ft2)
3 spaces, plus 1 additional space
for each additional 9,300 m2
(100,107.64 ft2) or fractional part
thereof in excess of 7,500 m2
(80,731.97 ft2)
4.21.2 Access
Access to loading spaces shall be by means of a driveway at least 6.0
metres (19.69 ft.) in width contained on the lot on which the spaces are
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located and leading to an improved public street as defined herein.
4.21.3 Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be
maintained with a stable surface which is treated so as to prevent the
raising of dust.
4.21.4 Location
The loading space or spaces required herein shall be located on the lot
occupied by the building, structure or use for which the loading spaces are
required, and shall be located in a side or rear yard unless such space or
spaces are removed from the street line a minimum distance of 15 metres
(49.21 ft.) as measured from the street line to the nearest part of the
loading space. No loading space shall be located closer than 7.5 metres
(24.6 feet) to any other lot line.
4.21.5 Additions to or Changes in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any
existing building so long as the gross floor area, as it exists, is not
increased. If an addition is made to the building or structure which
increases the gross floor area, then additional loading spaces shall be
provided in accordance with 4.20.1 hereof and in accordance with the
provisions of the Loading Space Requirement Table for such addition.
4.22 LOTS CONTAINING MORE THAN ONE USE
Where a lot contains more than one use which is not an accessory use as defined
herein, except for an accessory dwelling or dwelling unit, the lot area requirement
shall be the sum of the requirements for the separate uses thereof; however, the
lot frontage requirement shall be the greatest of the lot frontage requirements for
each individual use in the zone where such lot is located.
4.23 LOTS DIVIDED INTO MORE THAN ONE ZONE
Where an existing lot is divided into more than one zone the provisions of the
applicable zone, save and except lot area and lot frontage, shall apply to each
portion of such lot provided the lot as a whole has a minimum frontage of 15
metres (49.21 ft.). In such instances, the zone boundary shall be considered a lot
line for the purposes of interpreting and applying the provisions and regulations of
this By-law.
Notwithstanding the foregoing, no lot shall be created within any zone unless the
lot created and the remnant lot comply with the minimum lot area and lot frontage
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requirements of the applicable zone.
Notwithstanding any other provision of this By-law to the contrary, where a portion
of a lot is zoned Environmental Protection (EP), those lands zoned Environmental
Protection (EP) may be used in calculating the minimum lot area and minimum lot
frontage requirements.
4.24 MINIMUM DISTANCE SEPARATION REQUIREMENTS
- AGRICULTURAL USES
All development shall comply with the Minimum Distance Separation Formulae
contained in the publication "Minimum Distance Separation (MDS) Formulae,
Implementation Guidelines", Publication 707, Ministry of Agriculture, Food and
Rural Affairs, Queen's Printer, Toronto, 2006, as amended from time to time.
Notwithstanding the above, the Minimum Distance Separation I (MDS I) shall not
apply to lots existing at the date of passing of this By-law which are less than 4.0
hectares (9.88 acres) in area.
Notwithstanding any other yard or setback provision of this By-law to the contrary,
no livestock facility shall be erected or expanded within the Agricultural (A) Zone or
the Rural (RU) Zone unless it complies with the guidelines of the "Minimum
Distance Separation II (MDS II) or its calculations.
4.24.1 On-Farm Diversified Uses
Notwithstanding any of the provisions of Section 4.24 to the contrary, MDS I
or II setbacks do not apply to On-farm Diversified Uses, unless determined
as appropriate under the policies of the Township of Otonabee-Monaghan
Official Plan.
4.25 MOBILE VENDORS
The operation of a mobile canteen or a mobile vendor operation shall not be
permitted within the Township of Otonabee-South Monaghan.
4.26 PARKING AREA REGULATIONS
4.26.1 Parking Space Requirements
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant or other persons entering upon or making use of the
said premises, from time to time, one or more parking spaces in
accordance with the following Parking Space Requirements Table. The
minimum number of off-street parking spaces required shall be calculated
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to the nearest whole number.
PARKING SPACE REQUIREMENTS TABLE
Type or Nature of Use
Minimum Off-Street Parking Requirements
Single Detached, Duplex, Semi-Detached,
Converted or Row Dwelling
Two (2) parking spaces per dwelling unit
Triplex or Fourplex Dwelling
1.5 parking spaces per dwelling unit
Multi-Unit Dwelling
1.25 parking spaces per dwelling unit
Secondary Dwelling Unit
One (1) space per secondary unit, in addition to
the spaces required for the principal dwelling unit
Assembly Hall, Auditorium, Arena,
Community Centre, Place of Entertainment,
Place of Worship, Private Club or other
similar places of assembly not otherwise
specified herein, an Eating Establishment,
including premises licensed in accordance
with the Liquor License Act, as amended.
The greater of:
a) one (1) parking space per six (6) fixed seats
b) one (1) parking space per 9 m² (96.88 ft.²) of
total floor area or portion thereof
c) one (1) parking space for each four (4)
persons that may be legally accommodated
at any one time
Bank, Business and/or Professional Office,
Retail Commercial Establishment, Service
Shop, Personal Service Shop
One (1) parking space for each 28 m² (301.4 ft.²)
of total floor area of building directly related to
the specified permitted use
Hospital, Home for the Aged, Nursing Home
One (1) parking space for each four (4) dwelling
units, or four (4) beds, or fraction thereof
Hotel, Motel, Tourist Establishment, Trailer
Camp or Park, Camping Park
1.2 parking spaces for each guest room, cottage
or cabin, plus such parking facilities as are
required for an eating establishment or
entertainment lounge licensed in accordance
with the Liquor Licence Act, as amended
Manufacturing, Processing, Assembly/
Fabricating Plant, Wholesale Establishment,
or Workshop
One (1) parking space per 37 m² (398.28 ft.²) of
total floor area or portion thereof
Medical or Dental Clinic
Six (6) parking spaces per doctor, plus one
parking space for each examination room
exceeding five (5) such rooms per office
Bed and Breakfast Establishments and
Boarding and/or Lodging House
Two (2) parking spaces per dwelling unit, plus
one (1) parking space per guest room
Home Occupation or Home Industry
Two (2) parking spaces per dwelling unit, plus
one (1) parking space for every per 28 m² (301.4
ft.²) devoted to the home occupation or home
industry use.
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Elementary and Secondary Schools
The greater of:
a) one and one-half (1½) parking spaces per
classroom; or
b) one (1) parking space per 9 m2 (96.88 ft2) of
floor area in the gymnasium; or
c) one (1) parking space per 9 m2 (96.88 ft2) of
floor area in the auditorium
Mobile Home in a Mobile Home Park
One (1) parking spaces per mobile home
Warehouse
One (1) parking space per 225 m2 (2,421.96 ft2)
warehousing floor area or portion thereof
Any Other Uses Permitted by this By-law
One (1) parking space per 37 m2 (398.28 ft2) of
total floor area
4.26.2 Parking Area Surface
Parking spaces, areas and driveways connecting the parking space or area
with a street shall be maintained with a stable surface which is treated so
as to prevent the raising of dust or loose particles.
4.26.3 Parking Space Size and Access
Parking spaces and areas shall be designed and constructed in
accordance with the following:
a) Each required parking space shall have a minimum width of 3.0 metres
(9.84 ft.) and a minimum length of 6.0 metres (19.68 feet).
b) Access to the required parking spaces and areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres
(9.84 ft.), but not more than 9 metres (29.53 ft.) in perpendicular width.
c) The aisles between parking spaces within a parking area shall have a
minimum width of 5.5 metres (18.04 ft.).
d) The maximum width of any combined ingress and egress driveway
ramp measured along the street line shall be 9 metres (29.53 ft.).
e) The minimum distance between any two driveways on one lot, or,
between a driveway and an intersection of street lines measured along
the street line intersected by such driveway shall be 7.5 metres (24.60
ft.).
f) The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
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g) Every lot shall be limited to the following number of driveways, namely:
) up to the first 30 metres (98.42 ft.) of lot frontage, not more than
two driveways with a combined width not exceeding thirty percent
of the lot frontage; and
) for each additional 30 metres (98.42 ft.) of frontage, not more than
one additional driveway.
4.26.4 More Than One Use on a Lot
When a building or structure accommodates more than one type of use,
the parking space requirement for the whole building shall be the sum of
the requirements for the separate parts of the building occupied by the
separate types of use, unless otherwise specified herein.
4.26.5 Yards Where Permitted
Notwithstanding the yard provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in all yards provided
that no part of any parking area, other than a driveway, is located closer
than 1 metre (3.28 ft.) to any street or lot line, or, for parking areas located
within Non-Residential Zones, closer than 7.5 metres (24.60 ft.) to any
Residential Zone.
4.26.6 Additions to or Change in Use of Buildings
The parking space requirements referred to herein shall not apply to any
building or structure in existence at the date of passing of this By-law so
long as the floor area, as it existed at such date, is not increased. If an
addition is made to the building or structure which increases the floor area,
then parking spaces for the addition shall be provided as required by the
Parking Space Requirement Table. Where a change in use of the building
or structure occurs, parking spaces shall be provided in accordance with
the requirements of the Parking Space Requirement Table.
4.26.7 Use of Spaces and Areas - General Provision and Residential Zones
Parking spaces and areas required in accordance with this By-law shall be
used for the parking of operative, currently licensed vehicles only, and for
vehicles used in operations incidental to the permitted uses in respect of
which such parking spaces and areas are required or permitted.
No person shall use any parking area or parking space in a Residential Zone
except in accordance with the following:
a) Not more than one (1) vehicle per dwelling unit shall be a commercial
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motor vehicle as defined in the Highway Traffic Act; and
b) Commercial vehicle(s) that are associated with a Home
Occupation or Home Industry.
4.26.8 Agricultural, Agriculture-related and On-Farm Diversified Uses
Adequate off-street parking shall be provided. Number of parking spaces
shall be determined based on the use. The general parking provisions in
Section 4.26.1 of this By-law can be used as a general guideline. Township
staff will assist in determining the number of required spaces.
4.27 PROHIBITED HABITATION
No truck, bus, coach or streetcar body, shipping container, or structure of any
kind other than a dwelling unit or dwelling house erected and used in accordance
with this By-law and all other By-laws of the Corporation, shall be used for human
habitation whether or not the same is mounted on wheels.
4.27.1 On-Farm Diversified Use
Notwithstanding the Provisions of Section 4.27 to the contrary, in the case
of agri-tourism and recreation uses associated with an On-farm Diversified
Use, limited accommodation may be provided in alternative structures on
the farm parcel. These may include, but are not limited to yurts,
chuckwagons, or similar small accessory buildings, provided that any
applicable OBC requirements are met.
4.28 PROHIBITED USES
The following uses are prohibited in any Zone:
a)
A track for the racing of motor vehicles, motorcycles, snowmobiles or
recreational vehicles. Notwithstanding this provision, a track for the racing of
motor vehicles, motorcycles, snowmobiles or recreational vehicles for a
special event may be permitted where an application is made to the
Municipality and where such application is approved by Council.
b)
Any facility for manufacturing, processing, otherwise using or storing, that
presents an emergency-response hazard.
c)
Any facility containing a process that presents an emergency-response
hazard.
d)
Except as otherwise specifically provided for herein, any mobile home or any
rented site for a mobile home or any mobile home park which constitutes a
"residential complex" as defined in the Tenant Protection Act.
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e)
Any use by a tax-exempt non-government organization on a lot larger than
5.0 hectares (12.35 acres), excluding lands regulated, covenanted, or
otherwise limited to not-for-profit environmental protection, conservation or
community benevolent purposes.
f)
Any meat by-product processing plant, such as a rendering plant.
For the purposes of this section, an "emergency-response hazard" includes the
following:
) Substances that have to be handled by first responders donning special
personal protective clothing that would put an undue burden on the
emergency-response services of the Municipality (for example, Level
"A" or "B" suits which meet NFPA 1991 Standard on Vapour-Protective
Suits for Hazardous Chemical Emergencies, or Standard on Liquid
Splash Protective Suits for Hazardous Chemical Emergencies,
respectively, as referenced in the second edition Hazardous Materials
for First Responders, published by the International Fire Service
Training Association and distributed by the U.S. National Fire
Prevention Association);
) Substances that have to be handled in special ways, such as fire
suppression other than with water or spill control other than with
granular absorbent, that would put an undue burden on the emergency-
response services of the Municipality;
) Substances that inherently cause highly undesirable effects such as
catastrophic explosions or gas/vapour clouds, that would unjustifiably
put people at risk; and
) Substances in quantities that pose risks of events that would be
unmanageable by the Municipality without sophisticated
emergency planning and response systems.
4.29 PUBLIC USES
4.29.1 General
Except as provided for in Section 4.29.2 hereof, the provisions of this By-
law shall not apply to prohibit the use of any lot or the erection or use of
any building or structure for the purposes of public services provided by the
Corporation of the Township of Otonabee-South Monaghan or any Public
Authority including any department of the County of Peterborough or any
Department or Ministry of the Government of Canada or Ontario, or any
Conservation Authority, and for the purposes of this section shall include
Hydro One; any telephone or telecommunication, cable television or
telegraph company; and, any natural gas distribution system operated by a
company which possesses all the necessary powers, rights, licenses and
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franchises.
Solid waste landfill sites and sewage treatment facilities shall not be
considered to be a public use for the purposes of this section.
4.29.2 Location Restrictions
Notwithstanding the provisions of Section 4.29.1, a Public Use shall be
permitted in all areas on Schedule 'A' of By-law 2010-65 provided that:
a) it is necessary in the area;
b) it is located outside of significant wetlands wherever possible;
c) the location is approved by the Municipality;
d) it can be made compatible with its surroundings; and
e) adequate measures to mitigate impacts are taken to ensure this
compatibility in accordance with the provisions of this By-law.
The requirements of the Community Facility (CF) zone, specifically
Sections 18.2, 18.3 and 18.4 shall apply to a Public Use, unless otherwise
determined by a Public Authority.
4.29.3 Streets and Installations
Nothing in this By-law shall prevent land to be used as a street or prevent
the installation of a water main, sanitary sewer main, storm sewer main,
gas main, pipe line or overhead or underground hydro, telephone or other
supply and/or communication line, provided that the location of such main
or line has been approved by the Corporation of the Township of
Otonabee-South Monaghan. Such approval should not be required for any
electric power facility authorized under the Environmental Assessment Act.
4.30 SETBACKS FROM WATER BODIES, WATERCOURSES AND WETLANDS
4.30.1 General Setback Provision
Except as otherwise specifically provided for herein, no new building or
structure, or sewage system leaching bed, shall be erected within 30.0
metres (98.43 feet) of the normal high water mark of any water body and
watercourse. This provision shall not apply to marinas; docks and other
marine facilities; and pump houses and other minor accessory buildings or
structures having an area of less than 10.0 square metres, and that are
permitted by this By-law.
Where it is not possible to achieve the 30-metre setback on an existing
vacant lot of record, new buildings or structures shall be set back as far as
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possible from the high water mark. In this regard, a minor variance for a
reduced setback for an existing vacant lot may be permitted provided that
the variance maintains the general intent and purpose of the Official Plan of
the Township of Otonabee-South Monaghan and this By-law, is minor in
nature, and is desirable for the appropriate development or use of the land.
Minor variances or amendments to this By-law to accommodate proposed
expansions of a structurally-permanent nature to existing buildings or
structures and/or septic systems that further reduce the 30-metre high
water mark setback shall not be permitted unless it is a matter of public
health and/or safety.
Notwithstanding any other provisions of this By-law to the contrary, the
setback requirements of Section 4.30.1 shall not apply to lands within a
"Hamlet" area as identified in the Official Plan of the Township of
Otonabee-South Monaghan.
4.30.2 Wetlands
New development within 30 metres (98.43 feet) of the boundary of a
wetland within the Environmental Protection (EP) Zone shall only be
permitted with the approval of the local Conservation Authority. An
approved Environmental Impact Study (EIS) may require a greater
setback.
4.30.3 Special Provisions for Rice Lake Shoreline
Section 4.30.1 also applies to lots adjacent to the shoreline of Rice Lake
including lots on islands in Rice Lake, and further, no new development
shall be permitted below an elevation of 187.9 metres GSC, which is the
regulatory flood elevation of Rice Lake, without the written approval of the
local Conservation Authority.
4.31 SETBACKS ON PROVINCIAL HIGHWAYS,
COUNTY ROADS AND TOWNSHIP ROADS
No person shall erect any building or structure unless such building or structure
complies with the setback requirements of the authority having jurisdiction for the
road, as follows:
(a)
The minimum setback from the centreline of all Provincial highways
shall be as required by the Ontario Ministry of Transportation.
(b)
The minimum setback from the centreline of all County roads shall be as
required by the County.
(c)
The minimum setback from the centreline of all Township roads shall be
the distance required by the applicable zone, as measured from the
abutting lot line.
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4.32 SPECIAL SEPARATION DISTANCE
INDUSTRIAL AND SENSITIVE LAND
USES
Notwithstanding the minimum yard provisions of this By-law to the contrary, the
following separation distances shall apply for industrial and sensitive land uses:
4.32.1 Industrial uses as defined herein shall be separated from sensitive land
uses based on the following minimum setbacks:
a) Class I Industrial Facility
20 m (65.62 ft.)
b) Class II Industrial Facility
70 m (229.66 ft.)
c) Class III Industrial Facility
300 m (984.25 ft.)
4.32.2 Notwithstanding subsection 4.32.1 to the contrary, the minimum setbacks
from sensitive land uses may be reduced where mitigation at the industrial
source is possible. Any reduction in the minimum setbacks required by
Section 4.32.1 require an amendment to this By-law.
4.33 SPECIAL SEPARATION DISTANCES -
PITS AND QUARRIES AND SENSITIVE LAND USES
Notwithstanding the minimum yard provisions of this By-law to the contrary, the
following separation distances shall apply for Extractive Industrial and sensitive
land uses:
4.33.1 The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone of a pit operating above
the ground water table shall be 150 metres (492.13 feet).
The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone of a pit operating below the
ground water table shall be 300 metres (984.25 feet).
The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone of a quarry shall be 500
metres (1,640.42 feet).
4.33.2 No sensitive land use shall be permitted within the separation distances set
out in Section 4.33.1, and no pit or quarry shall be permitted within the
separation distances set out in Section 4.33.1, unless appropriate
measures have been undertaken to mitigate adverse or potential adverse
impacts from the pit or quarry use such as visual impacts, noise, dust,
traffic, or groundwater quality or quantity. Adverse impacts may be
addressed by means that are acceptable to Council in consultation with the
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appropriate authority such as the Ministry of Natural Resources and the
Ministry of Environment. An amendment to this By-law shall be required to
reduce the separation distances of Section 4.33.1.
4.34 SPECIAL SEPARATION DISTANCES - RAILWAY CORRIDORS
Notwithstanding the minimum yard provisions of this By-law to the contrary, the
minimum setback for any dwelling or dwelling unit from a railway right-of-way shall
be 60 metres (196.85 ft.).
4.35 SPECIAL SEPARATION DISTANCES -
WASTE DISPOSAL AREAS
Notwithstanding the minimum yard provisions or other separation distances of this
By-law to the contrary, the minimum separation distance between a sensitive land
use shall be:
(a)
500 metres (1,640.42 feet) to a Waste Disposal Industrial (MD) Zone for a
sanitary landfill site or a solid waste landfill site; and
(b)
120 metres (393.7 feet) to a Waste Disposal Industrial (MD) Zone for a
waste transfer station, recycling facility, sewage treatment facility, or salvage
yard; except where the provisions of Section 4.32 would require a greater
minimum setback.
4.36 SIGHT TRIANGLES
Notwithstanding any other provisions of this By-law to the contrary, no person
shall, within a sight triangle park a motor vehicle, as defined in the Highway
Traffic Act, or erect any building or structure which would obstruct the vision of
drivers of motor vehicles or use any land for the purposes of growing shrubs or
trees in excess of 1.0 metre (3.28 ft.) in height.
4.37 SOLID-FUEL BURNING APPLIANCES
Outdoor solid-fuel burning appliances shall comply with the Municipality's By-law
to Regulate the Location and Installation of Outdoor Solid-Fuel Burning
Appliances.
For the purpose of this provision, an outdoor solid-fuel burning appliance shall
mean an appliance that is intended to heat, using solid fuels for combustion.
4.38 SOURCE WATER PROTECTION SUFFIX
(By-law 2017-47)
Source water protection planning is the first line of defense in a multi-barrier
approach that seeks to prevent the contamination or overuse of surface water and
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groundwater sources of municipal drinking water. This is achieved by evaluating
threats to municipal drinking water sources and establishing policies and regulations
to prevent, manage, or eliminate threats. The Township of Otonabee-South
Monaghan is located within the Trent Conservation Coalition Source Protection
Region and is subject to the policies of the Trent Source Protection Plan.
The purpose of the Source Water Protection Suffix is to prevent the inadvertent
approval of Planning Act Applications and/or the issuance of building permits that
may result in the establishment of a land use activity(ies) that are significant drinking
water threats.
Development applications (i.e. Planning Act applications, building permit
applications) for development with a Source Water Protection Suffix shall be
accompanied by a Notice under Section 59(2) of the Clean Water Act, 2006, as
amended.
Existing land use activities and/or an expansion of existing land use activities which
pose a significant drinking water threat activity shall be managed pursuant to the
Trent Source Protection Plan. Persons undertaking land use activities that are, or
may be, significant drinking water threats may be subject to a Risk Management
Plan(s).
Notwithstanding the permitted uses and zone provisions of any zone, the following
land use activities shall be prohibited in an area with a Source Water Protection Suffix
where they would constitute a future significant drinking water threat, unless
otherwise stated in the Trent Source Protection Plan:
a) The application, storage or management of agricultural source material;
b) The application, handling or storage of non-agricultural source material;
c) The application, handling or storage of commercial fertilizer;
d) The application, handling or storage of pesticide;
e) The handling or storage of road salt;
f) The storage of snow;
g) The handling or storage of fuel;
h) The handling or storage of a dense non-aqueous phase liquid;
i)
The handling or storage of an organic solvent; or
j)
The use of land as livestock grazing or pasturing lands, an outdoor
confinement area of a farm-animal yard.
k) Waste Disposal Sites
Where the Province or other approval body has issued or approved a Prescribed
Instrument, or the Township's Risk Management Official (RMO) issues a Notice
pursuant to Section 59 of the Clean Water Act, a land use prohibited above may
be permitted in accordance with the provisions of the main zoning category and
all other applicable provisions of Zoning By-law 2010-65 as amended
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4.39 THROUGH LOTS
(formerly 4.37)
Where a lot, which is not a corner lot, has lot frontage on more than one street, the
setback and front yard requirements contained herein shall apply on each street in
accordance with the provisions of the Zone or Zones in which such lot is located.
Where a through lot does not abut an improved public street, and instead abuts a
private right-of-way on two or more lot lines, the lot line where the principal access
to the lot is provided shall be deemed to be the front lot line.
4.40 WAYSIDE PITS AND QUARRIES
(formerly 4.38)
Notwithstanding the minimum yard provisions of this By-law to the contrary the
following provisions shall apply for a wayside pit or quarry use:
4.40.1 No wayside pit or wayside quarry use may be established or made within
100
metres
(328.08
ft.)
of
any
Residential,
Commercial
or
Community/Open Space Zone.
4.40.2 No new use in a Residential, Commercial or Community/Open Space Zone
shall be permitted within 100 metres (328.08 ft.) of an existing wayside pit or
wayside quarry for the length of time that such wayside pit or quarry is in
operation.
4.40.3 No wayside pit or wayside quarry use may be established or made within
100 metres (328.08 ft.) of any waterbody or watercourse.
4.40.4 A portable asphalt plant and/or portable processing plant may be permitted
within the area of such pit or quarry as an accessory use thereto.
4.41 ON-FARM DIVERSIFIED USES
(By-law 2021-18)
4.41.1 Relationship to Principal Use
The On-farm Diversified Use shall be secondary to the principal agricultural
use of the property. The use shall be limited spatially and temporally and
shall not interfere with surrounding agricultural operations.
4.41.2 Calculating Acceptable Area Limits
a) Lot coverage ratio shall be based on the total area occupied by the On-
farm Diversified Use relative to the individual farm parcel on which the
use is located.
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b) Up to 2% of the farm parcel on which the use is proposed to be located,
to a maximum of 1 hectare may be permitted to be utilized for an On-
farm Diversified Use.
c) The area of existing, repurposed agricultural buildings will be calculated
at 50%, when determining overall area of the proposed On-farm
Diversified Use.
d) The area of new buildings to be constructed, outdoor storage, septic
systems, landscaped areas, berms, laneways and parking will be
calculated at 100%
e) The use of existing laneways and parking areas shared with agricultural
uses are not included in area calculations.
f) The gross floor area of buildings used for the On-farm Diversified Use
shall not exceed 30% of the total area set aside for the On-farm
Diversified Use.
g) If more than one On-farm Diversified Use is located on a farm parcel, the
combined area of all On-farm Diversified Uses should be 2% of the farm
parcel up to 1 hectare.
4.41.3 Temporal Limits
The frequency and timing of events or activities associated with the On-
farm Diversified Use shall not interfere with cropping cycles, or other
agricultural uses on the farm or in the surrounding area.
4.41.4 Emergency Access
Emergency Access shall be provided by means of a driveway at least 6.0
metres (19.69 ft.) in width contained on the farm parcel on which the On-
farm Diversified Use is located and leading to an improved public street as
defined herein.
4.41.5 Servicing
The farm operator shall demonstrate to the satisfaction of the Township
CBO and/or Peterborough Public Health that the On-Farm Diversified Use
that there is an adequate supply of potable water available on site, and all
relevant sewage disposal requirements under the Ontario Building Code
can be complied with, or satisfactory alternate arrangements can be made.
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4.41.6 Illumination
Lighting fixtures designed for exterior illumination shall be installed with the
light directed downward and deflected away from adjacent lots.
4.41.7 Noise Mitigation and Buffering
The farm operator shall provide the Township with a Noise Mitigation Plan,
including but not limited to:
a) hours of operation,
b) location, size and direction of any amplification equipment;
c) buffering or sound mitigation measures.
4.41.8 Traffic Impact Considerations
Where a proposed on-farm diversified use is anticipated to generate
additional traffic beyond that which is normally associated with a principal
agricultural use of a property, the roads authority having jurisdiction may
require the farm operator to demonstrate that the entrance is suitable for
the proposed use and may require a traffic impact assessment or similar
report to be submitted.
4.41.9 Expansion to an On-Farm Diversified Use
On lands zoned Agricultural (A), before a Building Permit can be issued for
the expansion to an On-farm Diversified Use, the Township must be
satisfied that the criteria established herein for such use, or any applicable
PPS criteria can be met. In the event that such criteria cannot be met for
the use, the building permit(s) may be withheld. The Township will
encourage the farm operator to relocate the use to a suitable location
outside a prime agricultural area.
On lands zoned Rural (RU) the Township may consider an application for
an amendment to the Comprehensive Zoning Bylaw to recognise the
expansion of the On-Farm Diversified Use to a larger-scale business.