Otonabee-South Monaghan Comprehensive Zoning By-law, Section 13 Local Commercial (LC) Zone

Otonabee–South Monaghan, Ontario · summary & facts

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13-1 SECTION 13 - LOCAL COMMERCIAL (LC) ZONE No person shall within any Local Commercial (LC) Zone use any land or erect, alter or use any building or structure except in accordance with the following provisions: 13.1 PERMITTED USES 13.1.1 an accessory dwelling unit or units 13.1.2 a bank or financial institution 13.1.3 a business, professional or administrative office 13.1.4 a commercial or private club 13.1.5 a day nursery 13.1.6 a dry cleaning or laundry outlet 13.1.7 an eating establishment 13.1.8 a funeral home 13.1.9 a garden nursery sales and supply establishment 13.1.10 a laundromat 13.1.11 a medical or dental clinic 13.1.12 a motor vehicle fuel establishment 13.1.13 a motor vehicle rental establishment 13.1.14 a motor vehicle repair garage 13.1.15 outside display or sales 13.1.16 a place of entertainment 13.1.17 a post office 13.1.18 a postal outlet 13.1.19 a recreational establishment 13.1.20 a retail commercial establishment, including a convenience store 13.1.21 a service shop, including a personal service shop 13.1.22 a parking lot 13.1.23 a public park 13.1.24 a veterinary clinic 13.2 REGULATIONS FOR USES PERMITTED IN SECTION 13.1 13.2.1 Minimum Lot Area: 0.23 ha (0.56 ac.) 13.2.2 Minimum Lot Frontage: 30.0 m (9.42 ft.) 13.2.3 Minimum Front Yard 9.0 m (29.52 ft.) 13.2.4 Minimum Exterior Side Yard Width 6.0 m (19.69 ft.) 13.2.5 Minimum Interior Side Yard Width 6.0 m (19.69 ft.) 13-2 - except where the interior side lot line abuts a Residential Zone, the minimum interior side 13.2.6 yard shall be Minimum Rear Yard Depth 9.0 m (29.53 ft.) 7.5 m (24.60 ft.) 13.2.7 Maximum Building Height 11.0 m (36.09 ft.) 13.2.8 Maximum Lot Coverage of All Buildings 30% 13.3 BUFFER STRIP REQUIREMENTS Where the interior side or rear lot line abuts a Residential, Open Space or Community Facility Zone a buffer strip shall be provided in accordance with Section 4.6 of this By-law. 13.4 REQUIREMENTS FOR OUTSIDE DISPLAY OR SALES AREAS No outside display or sales area shall be permitted except in accordance with the following provisions: (a) Such outside display or sales area shall be accessory to the use of the main building on the lot; (b) No outside display or sales area shall be permitted in a rear yard adjacent to a rear lot line of such lot which abuts a Residential Zone or abuts a lot having a residential use situated thereon; (c) No outside display or sales area shall be permitted in a side yard adjacent to a side lot line of such lot which abuts a Residential Zone or abuts a lot having a residential use situated thereon. 13.5 OUTSIDE STORAGE NOT PERMITTED Outside storage shall not be permitted in the Local Commercial (LC) zone. 13.6 DWELLING UNIT LOCATION An accessory dwelling unit shall not be a permitted use on a lot used for a motor vehicle fuel establishment or a motor vehicle repair garage. The provisions of Section 4.3.3 shall apply with respect to the minimum floor area 13-3 of a permitted accessory dwelling unit(s) in a non-residential building. 13.7 FUEL PUMP LOCATION 13.7.1 Notwithstanding any other provisions of this By-law to the contrary, a fuel pump island or fuel pumps, as part of or as accessory to a motor vehicle fuel establishment shall be located in accordance with the following: (a) the minimum distance between any portion of the pump island or fuel pumps and any street line is not less than 6.0 metres (19.68 feet); (b) the minimum distance between any portion of the pump island or fuel pumps and any other lot line is not less than 4.5 metres (14.76 feet); and (c) where a lot is a corner lot, no portion of any pump island or fuel pumps shall be located closer than 3 metres (9.84 feet) to a straight line between a point in the front lot line and point in the exterior lot line, such point being distant 15 metres (49.21 feet) from the intersection of such lines. 13.8 GENERAL ZONE PROVISIONS All provisions of Section 4, General Zone Provisions, where applicable to the use of any land, building or structure permitted within the Local Commercial (LC) Zone shall apply. 13.9 SPECIAL LOCAL COMMERCIAL (LC) ZONES 13.9.1 Local Commercial-1 (LC-1) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-1 (LC-1) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses shall include only the following: - A maximum of one (1) accessory dwelling unit (ii) Non-Residential Uses shall include only the following: - An art gallery 13-4 - A business, professional or administrative office - A financial office - A personal service shop - A boutique (b) Special Regulations: (i) Minimum Lot Area 1,300.0 sq. metres (ii) Minimum Lot Frontage 25.0 metres (iii) Minimum Front Yard Depth 9.0 metres (iv) Minimum Exterior Side Yard Width 7.5 metres (v) Minimum Rear Yard Depth 7.5 metres (vi) Minimum Interior Side Yard Width 6.0 metres (vii) Maximum Building Height As existing (viii) Maximum Lot Coverage all Buildings As existing (ix) Buffer Strip Location: A buffer strip shall be required along any portion of a side lot line or any portion of a rear lot line that abuts a Residential zone, or which abuts a lot having a Residential use situated thereon. (x) Buffer Strip Width (minimum) 2.0 metres (xi) Entrance Width (minimum) 3.0 metres (xii) Entrance Width (maximum) 9.5 metres (xiii) Driveway setback (minimum) 1.5 metres (xiv) Parking Spaces (minima): - Residential Uses: - 1 for each dwelling unit - Non-Residential Uses: - 1 for each 30.0 sq. m of net floor area or portion thereof (xv) Parking Space Location: No part of any parking space shall be located closer than: - 1.5 metres to any street line; or - 4.5 metres to any lot having a Residential use situated thereon. 13.9.2 Local Commercial-2 (LC-2) Zone Not Applied. 13.9.3 Local Commercial-3 (LC-3) Zone Notwithstanding any other provisions of this By-law to the contrary, 13-5 within the Local Commecial-3 (LC-3) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses: - One accessory dwelling (ii) Non-Residential Uses: - A post office - A repair and sales outlet for marine engines and small- powered power equipment (b) Special Regulations: (i) Minimum Lot Area 3,700 square metres (ii) Minimum Lot Frontage 40.0 metres (iii) A post office shall only be permitted in the first storey of a permitted accessory dwelling. (iv) The maximum floor area of a post office shall be 23.0 square metres. (v) A minimum of five (5) parking spaces shall be provided for the post office use. 13.9.4 Local Commercial-4 (LC-4) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-4 (LC-4) Zone the following provisions shall apply: (a) Permitted Uses: The following uses shall be permitted in addition to all uses of the Local Commercial (LC) Zone: (i) An open storage area for lawn and garden and landscaping- type products. (ii) An outside display or sales area for lawn and garden and landscaping-type products. (b) Special Regulations: (i) A permitted open storage area shall comply with the following provisions: 13-6 - Shall be located in a rear yard only; - Shall have a maximum total area of 330 square metres; - Shall not be located closer than 1.0 metre to a side or rear lot line; - Shall be screened by a fence or hedge having a minimum height of 1.85 metres on the side lot lines and 1.2 metres on the rear lot line; and - Shall not occupy a parking area. (ii) A permitted outside display or sales area shall comply with the following provisions: - Shall be used only for the temporary display of lawn and garden and landscaping-type products; - Shall be permitted in a front, side or rear yard; - Shall have a maximum total area of 100 square metres; - Shall not be located closer than 1.0 metre to a front, side or rear lot line; and - Shall not occupy a parking area. 13.9.5 Local Commercial-5 (LC-5) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-5 (LC-5) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses: - An accessory single detached dwelling (ii) Non-Residential Uses: - All uses of Section 13.1 with the exception of 13.1.12 (a motor vehicle fuel establishment) (b) Special Regulations for an Accessory Dwelling: (i) (ii) (iii) Minimum Front Yard Depth Minimum Exterior Side Yard Width Minimum Rear Yard Depth 40.0 metres 7.5 metres - Main building 10.0 metres (iv) - Accessory buildings Minimum Interior Side Yard Width 1.0 metre - Main building 3.0 metres 13-7 (v) - Accessory buildings Minimum Exterior Side Yard Width 1.0 metre 7.5 metres (vi) (vii) Maximum Building Height Maximum Dwellings per Lot 11.0 metres one (1) only (c) Special Regulations for Non-Residential Uses: (i) Minimum Rear Yard Depth 35.0 metres 13.9.6 Local Commercial-6 (LC-6) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-6 (LC-6) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses: - Three 2-bedroom residential dwelling units - One 1-bedroom residential dwelling unit (ii) Non-Residential Uses: - All uses of Section 13.1 with the exception of 13.1.12 (a motor vehicle fuel establishment) 13.9.7 Local Commercial-7 (LC-7) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-7 (LC-7) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses: - One accessory dwelling unit (ii) Non-Residential Uses: - A business, professional or administrative office - A retail commercial establishment for an antique store, having a maximum floor area of 173.0 square metres - A carpentry and woodworking shop for use by the owner of the building, located only in the lower level of the existing building, and having a maximum floor area of 150.0 square metres. Outside storage related to a carpentry and 13-8 woodworking shop shall not be permitted. (b) Special Regulations: (i) Minimum Lot Frontage 36.0 metres (ii) Minimum Lot Area 0.13 hectares (iii) The Minimum Front Yard Depth, Rear Yard Depth, and Side Yard Widths shall be as existing at the date of passing of this By-law. (iv) Maximum Building Height shall be as existing at the date of passing of this By-law. (v) A minimum of two (2) parking spaces shall be provided for an accessory dwelling unit. (vi) A minimum of eight (8) parking spaces shall be provided for the non-residential uses permitted by the LC-7 Zone. (vii) Sections 4.6.2 and 13.3 (Buffer Strip Requirements) shall not apply. A wooden fence which provides a visual screen and has a minimum height of 1.8 metres shall be constructed adjacent to the north lot line. (viii) Section 4.25.3 with respect to parking space size and access shall not apply with the exception of Section 4.25.3(a) - minimum size of parking spaces. The minimum width of driveways, passageways and aisles providing access to parking spaces shall be as existing at the date of passing of this By-law. (ix) Notwithstanding Section 4.25.5, a parking area may be located 0.0 metres from the north lot line and no less than 1.0 metre to any other lot line or a street line. (x) Section 4.30(b) with respect to setbacks from the centre line of a County Road shall not apply. 13.9.8 Local Commercial-8 (LC-8) Zone Not Applied 13.9.9 Local Commercial-9 (LC-9) Zone Notwithstanding any other provisions of this By-law to the contrary, within the Local Commecial-9 (LC-9) Zone the following provisions shall apply: (a) Permitted Uses: (i) Non-Residential Uses shall include only the following: - A retail commercial establishment for the sale of furniture, and 13-9 furniture refinishing. (b) Special Regulations: (i) Minimum Lot Area 418 sq. metres (ii) Minimum Lot Frontage 9.75 metres (iii) Minimum Front Yard Depth 2.74 metres (iv) Minimum Exterior Side Yard Width 1.52 metres (v) Minimum Rear Yard Depth 7.62 metres (vi) Minimum Interior Side Yard Width 4.57 metres (vii) Minimum Landscaped Open Space 20% (viii) Maximum Building Height 10.67 metres (ix) Minimum Setback from the Centre Line of County Road 12.19 metres (x) Parking Spaces (minimum) 3 (xi) No accessory uses shall be permitted. 13.9.10 Local Commercial-10-H (LC-10-H) Zone By-law 2011-39 1514 070 007 066 3995 Wallace Point Road Part of Lot 24, Conc. 14 Now under the City of Peterborough Maps Notwithstanding any other provisions of the By-law to the contrary, within the Local Commercial-10 (LC-10) Zone the following provisions shall apply: (a) Permitted Uses: (i) Residential Uses: - An existing single detached dwelling - One accessory dwelling unit which is accessory to a permitted non-residential use - A bed and breakfast establishment - A home occupation (ii) Non-Residential Uses - A business, professional or administrative office - An eating establishment limited to a tea or lunch room, excluding a take-out eating establishment or an eating establishment which has a drive-through facility, and excluding Liquor Licensed Premises - A medical or dental clinic - A place of worship - A service shop, including a personal service shop (b) Special Regulations: 13-10 (i) The minimum lot area shall be 0.22 hectares. (ii) The minimum lot frontage shall be 28.0 metres. (iii) The minimum front yard depth for an existing building shall be 3.3 metres. (iv) A permitted non-residential use shall be located only in an existing building, and the maximum total floor area for a permitted non-residential use shall be 245.0 square metres. (v) Sections 4.6.2 and 13.3 (Buffer Strip Requirements) shall not apply to the south side lot line. A wooden fence that provides a visual screen and has a minimum height of 1.8 metres shall be constructed adjacent to the south side lot line to screen the parking area. (vi) Notwithstanding the provisions of Section 4.25, the minimum number of off-street parking spaces for permitted non-residential uses shall be seven (7). (vii) Notwithstanding the provisions of Section 4.25.5, a parking area shall be located no less than 1.0 metre from the south side lot line. (viii) The maximum number of seats in an eating establishment shall be sixteen (16) (ix) The maximum number of practitioners in a medical or dental clinic shall be one (1). (x) A Liquor Licensed Premise shall not be a permitted use on a lot zoned Local Commercial-10 (LC-10). 13.9.11 Local Commercial-11-H (LC-11-H) Zone By-law 2011-38 Safe Harbour Notwithstanding any other provisions of the By-law to the contrary, within the Local Commercial-11 (LC-11) Zone the following provisions shall apply: (a) Definitions: The following definitions shall apply to the LC-11 Zone: 13-11 "Drug Store" means a retail store where prescription or non- prescription drugs and medicines, pharmaceutical, health and beauty aid products and other similar products administering to the individual and personal needs of persons are sold to the public and may include sales of goods such as food and beverages, sundries, tobacco, stationary, magazines and newspapers. "Commercial school" means a building or part thereof used for the training or teaching of persons conducted for gain or profit, providing instruction in dance, music, art, drama, calisthenics, business, trade, vocations or any other specialization and may include a day nursery as defined by the Day Nurseries Act RSO 1990 (as amended) (b) Permitted Uses: - Retail commercial establishment, including a building supply outlet, convenience store, food supermarket and drug store - Eating establishment - Eating establishment, take-out - Veterinary clinic - Personal service shop - Service shop - Commercial school - Bank or finance establishment - Medical or Dental Clinic - Business, professional or administrative office - Commercial or Private Club, excluding one used for athletic or recreational purposes - Outside display or sales (c) Special Regulations: (i) Minimum lot area: 2,000m2 (ii) Minimum lot frontage: 30m (iii) Maximum lot coverage: 40% (iv) Minimum front yard depth: 6.0m (v) Minimum interior side yard width: 6.0m (vi) Minimum exterior side yard width: 6.0m (vii) Minimum rear yard depth: 6.0m (viii) Minimum side yard to an HR-19, HR-21 or HR-22 zone: 6.0m 13-12 (ix) Maximum building height: 11.0m (x) Minimum landscaped open space: 15% (xi) Maximum gross floor area for LC-11 Zone (combined): 7,933m2 (xii) Maximum net floor area of individual units: - Food supermarket: 1,400m2 - Drug store 1,600m2 - Retail commercial establishments selling: 550m2 - New auto parts and accessories - Optical supplies - Art supplies - Pets and pet accessories - Paint, wallpaper and decorating supplies - Beer, wine or liquor - Other retail commercial establishments: 300m2 - All other uses: 550m2 (xiii) Maximum number of eating establishments: 1 (xiv) Parking requirements: 1 space per 30m2 of net floor area (xv) Disabled persons parking space size: - Width: 4.25m - Length: 6.0m - Vertical Clearance: 2.0m (xvi) Minimum disabled persons parking space: - 1 to 25 total parking required: 1 - 26 to 50 total parking required: 2 - 51 to 75 total parking required: 3 - 76 to 100 total parking required: 4 - 101 + total parking required: 5 + 1 for each additional 50 spaces (xvii) Minimum loading requirements: - Loading spaces shall be provided per building and can be shared by individual units within each building. Requirements are as follows: - Up to 2,000 sq m of net floor area: 1 - Greater than 2,000 sq m of net floor area: 2 13-13 Notwithstanding the above, no loading space shall be required for the following uses: business, professional or administrative office; personal service shop; veterinary clinic; commercial school; bank or financial establishment; medical or dental clinic; and commercial or private club. (xviii) Notwithstanding the definition of Veterinary Clinic, pet grooming facilities shall not be permitted within a Veterinary Clinic. (xix) Uses shall be permitted to be developed in a Shopping Centre format in accordance with the provisions of the LC- 11 Zone. (c) Holding Provisions: The holding symbol (H) which applies to the lands that are zoned Local Commercial-11-Holding (LC-11-H), shall only be removed after the following matters that pertain to those lands have been secured to the satisfaction of Council: (i) Enactment of a site specific Site Plan Control By-law for the lands zoned HR-21, HR-22, and LC-11. (ii) A site plan agreement under the provisions of Section 41 of the Planning Act has been approved by the Municipality and registered on title. (iii) A subdivision agreement under the provisions of Section 51(25) of the Planning Act has been approved by the Municipality and registered on title. (iv) A servicing agreement is entered into with the City of Peterborough and any other appropriate authorities. (v) A fire service plan has been approved by the Fire Chief of the Municipality and any required agreement has been executed by the Municipality. (vi) That the obligations of Sections 3.1, 3.2, and 3.3 of the Letter of Understanding between the City of Peterborough, County of Peterborough and Township of Otonabee-South Monaghan, dated January 18, 2010, have been fulfilled. 13-14 13.9.12 Local Commercial-12 (LC-12) Zone By-law 2017-21 (OMB Decision PL160642) Part Lot 12, Concession 7 (Otonabee) 15-06-010-003-18100 Notwithstanding any other provisions of this By-law to the contrary, within the Local Commercial-12 (LC-12) Zone the following provisions shall apply: (a) Permitted Uses shall include only the following: (i) A business, professional or administrative office. (ii) A motor vehicle repair garage and motor vehicle rental establishment limited to the repair and rental of commercial motor vehicles, farm tractors and self- propelled implements of husbandry as defined by the Highway traffic Act R.S.O. 1990 Chapter H.8 as amended. All other forms of motor vehicle establishments shall be prohibited. (iii) A farm implement repair garage (iv) Commercial motor vehicles excluding buses may be displayed and offered for sale. (v) Farm tractors and self propelled implements for husbandry may be displayed and offered for sale. (vi) Outside storage shall not be permitted. (b) Special Provisions: (i) The maximum area of the LC-12 zone shall be 0.64 hectares. (ii) The maximum number of buildings for an area zoned LC12 shall be one (1). (iii) The maximum ground floor area of a permitted building shall be 1,300 square metres. (iv) The north interior side yard for buildings and structures shall be 34.5 metres (minimum). 13-15 (v) A buffer strip shall be provided in the locations shown on Schedule "B". Notwithstanding the location, in all other respects the buffer strip shall be provided in accordance with Section 4.6. (vi) No outside parking of vehicles shall be permitted within 14.5 metres of the north boundary of the LC-12 zone. (vii) The minimum number of parking spaces for employees and clients within the LC-12 zone shall be 16. (viii) The maximum number of commercial motor vehicles, farm tractors and self propelled implements of husbandry displayed or awaiting service on the LC-12 zone shall be 10. (ix) All other provisions of Section 13.2 of By-law No. 2010- 65 shall apply. 13.9.13 Local Commercial-13 (LC-13) Zone By Law 2017-21 (OMB Decision PL160642) Part Lot 12, Concession 7 (Otonabee) 15-06-010-003-18100 Notwithstanding any other provisions of this By-law to the contrary, within the Local Commercial-13 (LC-13) Zone the following provisions shall apply: (a) Permitted Uses shall include only the following: (i) An outside display or sales area accessory to uses permitted in the LC-12 zone. (ii) An indoor storage facility accessory to a use permitted in the LC-12 zone. (iii) Outdoor storage shall not be permitted. (b) Special Provisions: (i) The maximum area of the LC-13 zone shall be 0.28 hectares. (ii) The maximum number of buildings for an area zoned LC13 shall be one (1). 13-16 (iii) The maximum ground floor area of a permitted building shall be 355 square metres. (iv) A buffer strip in accordance with the provisions of Section 4.6 shall also be provided in the locations shown on Schedule "B" attached hereto. (v) An "indoor storage facility" shall mean a building used for the storage of equipment, goods and materials and shall be situated within a permitted building only as an accessory use to a permitted use of the LC-12 zone. (vi) The front yard depth of the LC-13 zone shall be 5.5 metres (minimum). (vii) The north interior side yard shall be 12 metres (minimum). (viii) No outside display or sales area shall be permitted within 12 metres of the north boundary of the LC-13 zone. (ix) The maximum number of commercial vehicles, farm tractors and self propelled implements of husbandry excluding buses within the outside display or sales area on the LC-13 zone and illustrated on Schedule "B" shall be 10. (x) All other provisions of Section 13.2 of By-law No. 2010- 65 shall apply. 13.9.14 Local Commercial-14 (LC-14) Zone By Law 2022-36 Part Lot 30, Concession 11 (Otonabee); Block 99 Safe Harbour Notwithstanding any other provisions of this By-law to the contrary, within the Local Commercial-14 (LC-14) Zone the following provisions shall apply: (a) Definitions The following definitions shall apply to the LC-14-H Zone: "Accessory Use" means a use customarily incidental and 13-17 subordinate to, and exclusively devoted to the main use of the lot, building or structure and located on the same lot as such main use. "Warehouse" means a building or part of a building used for the storage of goods, wares, merchandise, articles or things, and may include facilities for a wholesale or retail commercial outlet, but shall not include a cartage or transport depot. (b) Permitted Uses shall include only the following: (i) A warehouse (ii) A business, professional or administrative office accessory to the use of the main building on the lot. (iii) A retail commercial establishment accessory to the use of the main building on the lot. (b) Special Provisions: (i) Minimum Lot Area 2,000 sq. metres (ii) Minimum Lot Frontage 30 metres (iii) Minimum Lot Coverage 55% (iv) Minimum Front Yard Depth 6.0 metres (v) Minimum Interior Side Yard Width 3.0 metres (vi) Minimum Exterior Side Yard Width 6.0 metres (vii) Minimum Rear Yard Depth 3.0 metres (viii) Maximum Building Height 11.0m exclusive of parapets, mechanical equipment, mechanical penthouses, solar equipment, stair enclosures, and elevator overrun enclosures (ix) Maximum Gross Floor Area for the LC-14 Zone 7,300 sq. metres 13-18 (x) Minimum Parking Requirement for Warehouse 8 spaces, including 1 accessibility space (xi) Minimum Loading Requirements 1 space at 3.5 m (w) by 9.0 m (l) by 5.0 m (v) 13.9.15 Local Commercial-15 (LC-15) Zone By-law 2025-09 12 First Street Part Lot 13, Conc 6, Otonabee Notwithstanding any other provisions of this By-law to contrary, within the Local Commercial-15 (LC-15) Zone the following provisions shall apply: (a) Permitted Uses i Residential Uses shall included the following: - A maximum of one (1) accessory dwelling unit ii Non-Residential Uses shall include the following: - A place of entertainment (b) Special Regulations: i Minimum Lot Area 0.19 ac (0.077 ha) ii Lot Frontage 30.66 m (110.43 ft) iii Parking Requirements Minimum Two (2)