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Section 5 - General Provisions
Updated: December 2023
SECTION 5
GENERAL PROVISIONS
5.1
USES PERMITTED IN ALL ZONES
5.1.1 Essential Services and Utilities
The provisions of this By-law shall not limit or interfere with the construction
and maintenance of streets, roads, curbs, gutters, bridges, sidewalks, steps,
accessible access ramps and pedestrian corridors, water and gas pipelines
and ancillary appurtenances mains and conduits, sanitary sewer main, storm
sewer main, pumping station, water treatment plant, wastewater treatment
plant, gas main, pipeline, storm water management facility, public water
towers
and
reservoirs,
electrical
transmission
lines
and
ancillary
appurtenances and stations, telephone and telegraph lines and ancillary
appurtenances, traffic control and safety devices, public communication or
navigational devices and apparatus, lighting fixtures, transit facilities, erosion
control works, dams, storm water control works, or other similar public
service facilities on any lands subject to this By-law.
For the purposes of this provision, essential is defined as "that which is
deemed necessary to the public interest after all alternatives have been
considered". Buildings for essential emergency services shall not be permitted
to locate within the Hazard (ZH) Zone such that those services provided by
fire, police and ambulance stations and electrical substations would be
impaired during an emergency as a result of flooding, the failure of
floodproofing measures and/or protection works, and/or erosion.
Notwithstanding for lands within the ZH zone, the use of any public land as a
public park, playground, site for a statue, monument, cenotaph, fountain, or
other memorial or ornamental structure shall be permitted subject to the
provisions of 5.17.5.
Notwithstanding for lands within the Hazard (ZH) Zone where the Escarpment
Natural Area designation of the Niagara Escarpment Plan is in place, only
essential transportation and utility features are permitted. The City shall
consult with the Niagara Escarpment Commission in such instances.
5.1.2 Temporary Buildings or Structures
Sheds, scaffolds, trailers, or other temporary buildings and structures
incidental to and necessary for building construction on the premises and
shall be permitted to locate anywhere on a lot, except within a Hazard Zone,
for so long as the same is necessary for work in progress which has neither
been finished or abandoned. The temporary use will be subject to the
retention of a valid Building Permit where required.
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Section 5 - General Provisions
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5.1.3 Signs and Fences
Except for the provisions of Section 5.12 of this By-law, nothing in this By-
law shall prevent the erection of a sign or fence in any zone subject to
compliance with any sign by-law or fence by-law of the Corporation of the
City of Owen Sound.
5.2
USES PROHIBITED IN ALL ZONES
No person shall use any land, building or structure in any zone:
a)
which due to its nature, or the materials used therein, or emissions
issuing therefrom, is determined to be a noxious trade, business or
manufacturing process;
b)
which is likely to create a public nuisance or danger to health or danger
from fire or explosion except in accordance with the provisions and
regulations under the Gasoline Handling Act; and
c)
for any of the following uses, either alone or in conjunction with other
uses except as is otherwise specifically provided herein:
i)
the boiling of blood, tripe, bones or soaps for commercial
purposes;
ii)
the manufacturing of glue or fertilizers from dead animals or from
human or animal waste;
iii)
an abattoir, stockyard, livestock exchange, or dead stock depot;
iv)
the extracting of oil from fish or animal matter;
v)
any use which causes the emission of corrosive gasses, toxic
gasses or radioactive gasses or, into any zone other than an
Industrial Zone, or electromagnetic fields, heat, glare, non-
agricultural odours, noise, vibrations, dust, dirt, fly ash or smoke
which does not comply with emission regulations as may be
established from time to time by the Province of Ontario, the
Government of Canada, or any agencies thereof;
vi)
the use any travel trailer, caravan, boat, pick up camper, tent,
converted bus, truck or motor home for human occupancy while
stored or parked on any lot in any zone or on any street
vii) an automotive wrecking and related storage yard;
viii) burying or disposal of garbage and refuse except by or for a public
authority;
ix)
bulk open storage of inflammable or explosive liquids and gasses,
coal or other material as a main use on a lot;
x)
the keeping or raising of livestock or wild animals in any
residential zone unless otherwise permitted.
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Section 5 - General Provisions
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5.3
NON-CONFORMING USES
This By-law shall not apply to prevent,
a)
the use of any land, building or structure for any purpose prohibited by
the by-law if such land, building or structure was lawfully used for such
purpose on the day of the passing of the By-law, so long as it
continues to be used for that purpose; or
b)
the erection or use for a purpose prohibited by the By-law of any
building or structure for which a permit has been issued under Section
8 of the Building Code Act, prior to the day of the passing of the By-
law, so long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and
provided the permit has not been revoked under Section 8(10) of the
Building Code Act.
5.4
CHANGES TO NON-CONFORMING USES
This By-law may be amended,
a)
Where any land, building or structure, on the day this By-law was
passed, was lawfully used for a purpose prohibited by this By-law, the
Committee of Adjustment for the City of Owen Sound, upon application
to the Committee, may permit
i)
the enlargement or extension of the building or structure,
provided that the use that was made of the building or structure
on the day this By-law was passed, or a use permitted under Sub-
clause (ii) of Section 5.4 (a) of this By-law continued until the
date of the application to the Committee, but no permission may
be given to enlarge or extend the building or structure beyond the
limits of the land owned and used in connection therewith on the
day this By-law was passed; or
ii)
the use of such land, building or structure for a purpose that, in
the opinion of the Committee, is similar to the purpose for which it
was used on the day this By-law was passed or is more
compatible with the uses permitted by this By-law than the
purpose for which it was used on the day this By-law was passed,
provided that the use for a purpose prohibited by this By-law or
another use or a purpose previously permitted by the Committee
of Adjustment continued until the date of the application to the
Committee.
5.5
RESTORATION AND REPAIR OF NON-CONFORMING USES
Nothing in this By-law shall prevent the restoration and repair of non-
conforming uses where such building or structure is partially or totally
destroyed by fire, explosion, collapse, act of God or other accidental cause,
provided that:
1) the building or structure is occupied by the same use or a permitted
use;
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Section 5 - General Provisions
Updated: December 2023
2) such restoration or repair is located on or within the limits of the
foundation walls of the building as they existed prior to such
destruction or in a location in closer conformity to the intent of the By-
law; and
3) the height and floor area of such replacement does not exceed the
height and floor area of the building as it existed prior to such
destruction.
Nothing in this By-law shall apply to prevent the strengthening or restoration
to a safe condition of a lawful non-conforming use, building or structure or
part thereof so long as the strengthening or restoration does not increase the
height, size, gross floor area or change the use.
5.6
NON-COMPLYING USES & LOTS WITH LESSER AREA OR FRONTAGE
5.6.1 Non-Complying Uses
In any zone, any use legally existing on the effective date of this By-law
which is recognized as a permitted use in the applicable zone shall be deemed
to be in conformity with the provisions of this By-law, notwithstanding that
building setbacks, required yards, lot coverage, building height, lot area and /
or lot frontage, floor area, density, any other applicable site and building
regulations and / or parking stall requirement regulations under this By-law
may not be met.
Notwithstanding any other provisions of this By-law, where the foregoing
applies, a change of use to any other use permitted within the applicable
zone shall be permitted unless any of the site, building or parking
requirements for the new use exceed the corresponding requirements for the
former use, to which the new use shall comply prior to being permitted,
unless otherwise permitted by this By-law.
Any addition to, expansion or re-development of any non-complying use shall
conform to all applicable yard, setback, lot coverage, building height, floor
area, density and parking stall requirement regulations, unless otherwise
permitted by this By-law.
5.6.2 Existing Lots With Lesser Area Or Frontage
In any Zone where any existing lot of record has lesser lot area and/or lesser
lot frontage than is otherwise required by this By-law, such a lot shall be
deemed to conform to the requirements of this By-law with respect to the lot
area and/or lot frontage, and the provisions of this By-law respecting lot area
and lot frontage shall not apply to prevent a permitted use, building or
structure provided that:
1) The lot can be serviced to the satisfaction of the City.
2) The lot provides a minimum lot frontage on an improved street of:
a) 4.0 m in the R1, R2, R3, R4, A, or RUR Zones;
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b) 4.0 m for any Single Detached Dwelling, Semi Detached Dwelling,
Duplex Dwelling, Townhouse Dwelling, or Converted Dwelling in the R5
or MR Zones;
c) 7.5 m for all other permitted uses in the R5 or MR Zones;
d) 7.5 m in the C1, C2, C3, C4, C5, MC, M1, M2, MU, or I Zones;
e) 3.0 m in the ZH or OS Zones.
3) All other site and building regulations and other provisions of this By-law
are met.
5.7
OPEN AND OUTDOOR DISPLAY
In any Commercial or Industrial zone, the open and outdoor display of goods,
accessory to the main use, for sale or hire shall be permitted in accordance
with the following provisions:
1)
Shall not cover more than 40% of the lot area.
2)
Shall not be located within a required front yard.
3)
Shall not obstruct or occupy any required parking area.
4)
Area to be constructed of a stable surface and treated to prevent
erosion and the raising of dust and loose particles.
5)
Area to be graded and drained so as to prevent the pooling of surface
water or the flow of surface water onto adjacent lots.
In the Rural, Agricultural, Commercial and Industrial zones, the outdoor
storage of goods, materials, and equipment, accessory to the main use, shall
be permitted in accordance with the following provisions:
1)
Located to the rear of the front wall of the main building, but not in a
required side yard nor a required rear yard.
2)
Not cover more than 40% of the lot area.
3)
Shall be visually screened from the street and any abutting land zoned
or used for residential or institutional purposes by a buffer strip in
accordance with Section 5.23
5.8
PERMITTED YARD ENCROACHMENTS
Required yards shall not be obstructed in any manner, except in accordance
with Table 5.8.1. For purposes of Section 5.8 of this By-law, a required yard
shall be deemed to include any yard existing on the effective date of this By-
law which is less than the required yard.
Table 5.8.1 - Permitted Yard Projections
Structure
Required yard
Maximum
projection into
the required
yard
Minimum
setback from lot
line
Underground cold
Front yard and
3 m
No setback
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Structure
Required yard
Maximum
projection into
the required
yard
Minimum
setback from lot
line
room/utility room
exterior side yard
requirement
Fire escapes
Front yard and
exterior side yard Not permitted
Not permitted
Side yard
1.2 m
0.8 m
Rear yard
1.5 m
No setback
requirement
Central residential
air conditions,
heat pumps, and
other similar
mechanical
equipment
Front yard and
exterior side yard 1.2 m
No setback
requirement
Side yard
1.2 m
Rear yard
No maximum
Architectural
features
(windowsills, bay
windows,
chimneys,
cornices, eaves)
All yards
1.0 m
No setback
requirement
Canopies and
awnings
All yards
1.8 m
0.5 m
Railway lines
All yards of a lot
within the M1,
M2, or MU Zone
No maximum
No setback
requirement
Barrier free
access ramp
All yards
No maximum
No setback
requirement
Porch or Deck
greater than 0.75
m above finished
grade
Front yard
3.0 m
1.5 m
Rear yard
3.0 m
1.5 m
Interior side yard
1.0 m
0.9 m
Exterior side yard 1.0 m
1.5 m
Porch or Deck less
than 0.75 m
above finished
grade
Front yard
3.0 m
1.5 m
Rear yard
No maximum
0.9 m
Interior side yard
No maximum
0.9 m
Exterior side yard 1.0 m
1.5 m
In addition to the provisions required by Table 5.8.1, the following regulations
shall apply to permitted yard encroachments:
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a)
A porch or deck that is 0.75 m or less above grade shall not be subject
to lot coverage regulations.
b)
A porch or deck accessory to a semi-detached or townhouse dwelling
may be setback 0.0 m from a side yard lot line where there is a
common party wall provided that a common privacy fence at least 1.5
m in height is provided along the common party wall from the dwelling
wall to the edge of the deck or porch.
c)
A canopy or awning located in the C1 Zone may be located within 0 m
of a lot line but shall not cross over any lot line.
5.9
ACCESSORY BUILDINGS AND STRUCTURES
Buildings and structures accessory to a permitted residential or non-
residential use are permitted, subject to the following regulations:
a) Accessory buildings or structures shall be located on the same lot as the
main building to which they are accessory.
b) Any building or structure that is attached to the main building shall not be
considered accessory for the purposes of this By-law.
c) Accessory buildings and structures shall be subject to the requirements of
Table 5.9.
d) Notwithstanding the requirements of Table 5.9, in an Industrial Zone, a
gatehouse shall be permitted in a front yard provided the minimum front
yard setback as required by the applicable zone is met.
e) Swimming pools and accessory buildings and structures thereto shall be
subject to the requirements of Table 5.9 except that lot coverage
regulations shall not apply to outdoor swimming pools.
Table 5.9 - Requirements for Accessory Buildings or Structures
Residential Uses
Non-Residential Uses
Maximum Lot Coverage of
Accessory Building(s) or
Structures
12%
12%
Maximum Overall Lot
Coverage
As required by the
applicable zone.
As required by the
applicable zone.
Minimum Front Yard
Setback
No accessory building or structure shall be
located in a front yard except in accordance
with Sec. 5.9 (d).
Minimum Rear Yard
Setback
0.9 m
As required by the
applicable zone.
Minimum Interior Side Yard
Setback
0.9 m
As required by the
applicable zone.
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Section 5 - General Provisions
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Residential Uses
Non-Residential Uses
Minimum Exterior Side Yard
Setback
3.0 m
As required by the
applicable zone.
Maximum Height
5.0 m
As required by the
applicable zone.
5.10 OUTDOOR PATIOS
No person shall establish an outdoor patio as defined in Section 4 of this By-
law accessory to a dining establishment except in accordance with the
following requirements:
(a)
Where the zone boundary between any residential zone and lands
intended to contain an outdoor patio is within a public street, an
outdoor patio shall be permitted to the rear of the main building a
minimum of 50.0 metres from the said residential zone boundary
subject to the following provisions:
(i)
no live music shall be permitted on the outdoor patio between
the hours of 11:00 pm and 9:00 am
(ii)
where there is a multiple dwelling, lodge care facility, home for
the aged within a Commercial Zone the minimum setback from
an outdoor patio shall be 50.0 metres minimum from the lot line
containing the said use;
(iii)
no outdoor patio shall be located above the first storey of the
main building;
(iv)
no outdoor patio shall exceed 25% maximum of the gross floor
area of the associated main use;
(v)
an outdoor patio permitted under this By-law, other than one
subject of an agreement under Section 5.10(b)(ii), shall be
bounded by a fence a minimum of 1.2 metres in height;
(vi)
no outdoor patio is permitted accessory to a drinking
establishment or place of entertainment or amusement.
(b)
Where the zone boundary between any residential zone and lands
intended to contain an outdoor patio is to the rear of the main building,
an outdoor patio shall be permitted in front of the main building a
minimum of 50.0 metres from the said residential zone boundary
subject to the following provisions:
(i)
The provisions of Section 5.10 shall apply to the location of an
outdoor patio;
(ii)
An agreement has been executed with the City permitting the
use of any part of the municipal road allowance for an outdoor
patio.
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5.11 STREET WIDENING, FRONTAGE, SIGHT TRIANGLE AND SPECIAL YARD
REQUIREMENTS
5.11.1
Street Widening
Where any lot is legally used, or where any lot and /or building or structure is
proposed to be used for any use permitted in the applicable zone and would
meet this By-law's requirements for such use, and where the City obtains or
has obtained a road widening which places the lot or building or structure in
conflict with the requirements of this By-law, such lot and / or building or
structure shall be deemed to meet the provisions of, and be in conformity
with this By-law, notwithstanding that certain By-law regulations may not be
met.
5.11.2
Street Frontage
(a) No person shall erect any building or structure or establish a use on any
lot in any Zone for which a minimum lot frontage is required unless the
lot abuts an improved street; this provision shall not apply to individual
units in condominium developments.
(b) Where this By-law does not require a minimum lot frontage within the
applicable zone, no person shall use any lot, which does not have a
minimum of 3.0 m frontage on an improved street.
5.11.3
Sight Triangle
On a corner lot in any zone, except however Core Commercial (C1) Zones, no
person shall erect or permit any building or structure, parking area or parked
vehicles, fence or hedge in excess of 0.6 m in height, sign or other
obstruction which may have the effect of impeding visibility of a motorist,
closer to the front and exterior side lot lines so that any portion of the said
obstruction extends beyond a line connecting two points equidistant 5.0 m
along each lot line from the point of intersection of the said lot lines, such
triangular area to be called a sight triangle. Where the point of intersection
of the said streets constitutes an arc, the point of intersection shall be
determined in accordance with the definition of "lot corner". The provisions
of this section shall also apply to land which abuts one or more unopened
public streets.
5.12.4 Special Yard Requirements
Where any interior lot is proposed to be used for a Single Detached Dwelling
or Semi-Detached Dwelling and such lot is located between two lots which
have thereon dwellings which are located less than the minimum front yard
depth as is required by this By-law for the applicable zone, such proposed
dwelling unit may be located with a front yard depth the same as of greater
than the dwelling on one of the abutting lots having the greater front yard
depth, but in no case shall a dwelling be located closer than 3.0 m to a front
lot line, and in no case shall this section be applied to require a front yard
depth greater than that otherwise required by this By-law.
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5.12 MUNICIPAL SERVICES REQUIRED
No person shall erect for human use or habitation a main building in any
Zone unless such lot is served by a municipal water supply and sanitary
sewage system or is specifically permitted by the City in Rural or Agricultural
Zones. Private water supply and sanitary sewage systems, where permitted
by the City in Rural or Agricultural Zones, shall be in accordance with the
requirements of the Environmental Protection Act and any other Acts having
jurisdiction.
5.13 ONE OR MORE PERMITTED USES
Unless otherwise provided in this By-law, where more than one use is
permitted on a lot in a zone, the lot may be used and buildings and structures
erected and used thereon for one or more of the uses permitted in the said
zone, provided the requirements of this By-law are satisfied for each such
use.
With the exception of apartment and townhouse dwellings as defined in this
By-law, and where otherwise specified in this By-law, not more than one
residential building shall be erected on any lot.
5.14 THROUGH LOTS
Whether a through lot is a corner lot or an interior lot, notwithstanding that
one street line (except the exterior side lot line on a corner lot) is considered
a rear lot line, the minimum front yard depth or minimum building setback
from a front lot line applicable to the zone in which the lot is situated for the
permitted use shall apply on each street or road allowance.
5.15 LOTS AFFECTED BY HAZARD ZONE
Where any lot is zoned in part in a Hazard Zone, no person shall erect any
building or structure within the area which is zoned Hazard Zone, except as
otherwise permitted in the Hazard Zone, but the lands zoned Hazard may be
used in the calculation of lot area, lot frontage, required yards, setbacks,
density, and lot coverage as is necessary for the development occurring on
the portion of the lot not zoned Hazard.
5.16 USE SPECIFIC REGULATIONS
5.16.1
Automotive Body/Repair Shop
Where permitted by this By-law, an Automotive Body/Repair Shop shall be
subject to the provisions as set out in the following table.
Regulations
a Minimum Lot Frontage
30 m
b Minimum Lot Area
1,200 m²
c Minimum Front Yard Setback
10.0 m
d Minimum Rear Yard Setback
3.0 m except where a yard abuts a
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Regulations
e Minimum Interior Side Yard
Setback
Residential Zone the minimum
building setback from the common
lot line shall be 5.0m
f
Minimum Exterior Side Yard
Setback
g Maximum Building Height
10.0 m
h Minimum Setback for Gas Pump
Islands
5.0 m from any lot line
i
Minimum Setback for Canopies
2.0 m from any lot line
5.16.2
Mobile Homes
Notwithstanding any provisions of this By-law to the contrary, a mobile home
which has minimum dimensions of 6.5 m (length and width) with a minimum
gross floor area of 100.0 m2 and which is to be erected on a foundation with,
a basement or cellar a minimum 2.0 m in height and a minimum 60.0 m2
floor area, shall be considered a single detached dwelling in all zones where
single detached dwellings are permitted.
5.16.3
Place of Worship
Where permitted by this By-law, a place of worship shall be subject to the
provisions of the Institutional (I) Zone, unless located in the Core Commercial
(C1) Zone, in which case the C1 zone regulations for Commercial Uses shall
apply.
5.16.4
Public Park
Where permitted by this By-law, a public park shall be subject to the
provisions of the Open Space (OS) Zone. In addition to the provisions of the
OS Zone provided under Section 10.2 of this by-law, Public Parks shall have a
minimum lot frontage of 12.0 m. For lands within the Hazard Zone (ZH), a
public park shall only be used for conservation and non-intensive recreation
uses such as nature viewing and non-motorized trail activities and shall not
include any buildings or structures.
5.16.5
Kennel
Where permitted by this By-law, a kennel shall be subject to the provisions of
the applicable zone in addition to the following additional provisions:
a) Any outdoor run, pen or similar holding area for dogs, cats or other
domesticated animals must be fully enclosed by fencing; and
b) Shall be located a minimum of 200 meters from any lot line.
5.16.6
Body Rub Parlour
Where permitted by this By-law, a body rub parlour shall be subject to the
provisions of the applicable zone in addition to the following additional
setbacks:
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a) 100 metres from any drinking establishment or adult entertainment
facility
b) 800 metres from an institutional use including a school, daycare or
place of worship
c) 500 metres from a residential zone
d) 500 metres from another body rub parlour.
5.16.7
Cannabis Production Facility
Where permitted in this By-law, a Cannabis Production Facility shall be
subject to the provisions of the applicable zone. The following separation
distances and regulations shall also apply:
a) A Cannabis Production Facility shall not be permitted as an Accessory
Industrial Use.
b) All components of a Cannabis Production Facility, including required
loading spaces, shall be located in a wholly enclosed building. No open
display or outdoor storage shall be permitted.
c) A Cannabis Production Facility shall not be located within a greenhouse
structure.
d) No retail sales may be permitted in conjunction with a Cannabis
Production Facility.
e) A Cannabis Production Facility shall be equipped with air treatment
control and shall meet the following separation distances:
i. The facility building shall be setback from a sensitive land use zone
boundary a minimum of 70 m.
ii. The facility building shall be setback from a non-conforming sensitive
land use receptor a minimum of 70 m.
f) Notwithstanding the separation distance outlined in Sec. 5.16.7 (e), the
following provisions shall apply:
i. Warehousing of packaged goods associated with a Cannabis
Production Facility is not subject to a separation distance from
sensitive land uses.
ii. The required separation distance shall not be deemed to apply to a
dwelling unit where permitted in an Industrial Zone for a custodian
or maintenance employee.
5.16.8
Food/Beverage Production Facility
Where permitted in this By-law, a Food/Beverage Production Facility shall be
subject to the provisions of the applicable zone. The following setbacks and
regulations shall also apply.
a) No open display or outdoor storage shall be permitted in conjunction
with a Food/Beverage Production Facility.
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b) A Food/Beverage Production Facility shall be equipped with air treatment
control and shall meet the following separation distances:
i. The facility building shall be setback from a sensitive land use zone
boundary a minimum of 70 m.
ii. The facility building shall be setback from a non-conforming sensitive
land use receptor a minimum of 70 m.
c) Notwithstanding the separation distance outlined in Sec. 5.16.8 (b), the
following provisions shall apply:
i. Warehousing for packaged goods associated with a Food/Beverage
Production Facility is not subject to the separation distance from
sensitive land uses.
ii. The required separation distance shall not be deemed to apply to a
dwelling unit where permitted in an Industrial Zone for a custodian
or maintenance employee.
5.16.9
Accessory Industrial Uses
Where permitted in this By-law, an Accessory Industrial Use shall be subject
to the provisions of the applicable zone. The following regulations shall also
apply.
a) Accessory Industrial Uses shall be conducted directly in conjunction
with a primary use permitted in the subject zone.
b) Uses that may be considered as Accessory Industrial Uses are:
i.
Industrial Uses, Light
ii.
Food/Beverage Production Facilities
iii.
Monument Sales
iv.
Any other similar use that is approved by the Owen Sound
Committee of Adjustment
c) An Accessory Industrial Use shall encompass no more than 50 percent
gross floor area to a maximum of 100 m2 of the cumulative gross floor
area dedicated to the primary permitted use and the Accessory
Industrial Use.
d) Where permitted as an Accessory Industrial Use and notwithstanding
Sec. 5.16.8, an accessory Food/Beverage Production Facility:
i.
Shall not be subject to any separation distances from a sensitive
land use; and
ii.
Shall be equipped with air treatment control.
e) The Accessory Industrial Use shall not create or become a nuisance in
regard to noise, odour, vibration, traffic generated or parking/loading.
f) The Accessory Industrial Use shall not create or become a fire, health
or building hazard.
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g) There shall be no outdoor storage of materials or goods associated with
the Accessory Industrial Use.
5.17 HOME BUSINESSES
5.17.1
General Provisions for Home Businesses
One or more home businesses are permitted anywhere a Residential Use is
permitted in this By-law, subject to the following provisions:
a) No home business shall result in a change to the residential character of
the building in which it is located.
b) Only one (1) non-resident employee, partner, or associate of a home
business is permitted per dwelling unit, regardless of the number of home
businesses in the dwelling unit.
c) The home business shall not create or become a nuisance in regard to
odours, vibrations, traffic generated or parking or by producing at the
property line or noise that disturbs the inhabitants in contravention of the
City's Noise Control By-law.
d) The home business shall not create or become a fire, health or building
hazard.
e) There shall be no outdoor display, sales or outdoor storage area in
conjunction with a home business.
f)
There shall be no external display or advertising or the home business
except in accordance with the City of Owen Sound Sign Bylaw.
g) There shall be no more than one (1) vehicle permitted on the premises,
which is either commercially licensed or otherwise used in conjunction
with the home business. Sec. 5.18.8 of this By-law respecting
Commercial Motor Vehicles, Tractor Trailers and Buses in Residential
zones shall continue to apply.
h) The home business shall not involve the shipping or receiving of goods or
materials by commercial vehicles other than automobiles or delivery vans
used by courier services.
i)
The gross floor area (GFA) occupied by one or more home businesses
including any accessory buildings and structures, shall not occupy
exclusively more than 25% of the dwelling unit to a maximum of 40.0
m2, whichever is the greater.
j)
There shall be no more than 4 cubic metres of storage of materials of a
non-toxic or non-hazardous nature and such storage shall be wholly
within the portion of the building containing the home business.
k) Regardless of the number of home businesses, a maximum of 3 clients
may be present on the property at any given time.
l)
An additional parking stall is provided for the home business in addition
to those required by the By-law for other permitted uses on the property.
Notwithstanding, if there is no parking requirement for the main use as
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Section 5 - General Provisions
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determined Section 5.18 of this By-law then no additional parking is
required.
5.17.2
Restricted Home Business Uses
The following restrictions apply to the types of businesses and activities
permitted as a home business, and shall apply in addition to the general
provisions outlined in Sec. 5.17.1.
a) No manufacturing activity involving the processing of raw or semi-
processed materials shall be carried out in conjunction with a home
business except for the small-scale fabrication of handmade goods or
crafts, such as those associated with a home studio, home catering
service, or home sewing establishment. The small-scale assembly of fully
processed goods is permitted.
b) Retail sales are not permitted as part of a home business. Indirect sales
are permitted but shall be limited to items that are prepared within the
area associated with the home business or which are accessory to the
home business.
c) A repair service shall be limited to the repair of personal effects and small
household appliances such as electronic equipment. The repair of vehicles,
major appliances, and equipment that have oil and grease-filled
transmissions such as lawn care equipment or other power equipment is
not permitted.
d) A Vehicle-for-Hire Service is permitted as a home business but shall not
include a transportation depot or taxi dispatch office as defined in this By-
law.
e) The grooming of dogs, cats, or other household pets is permitted as a
home business provided that all pens and holding areas for pets are within
completely enclosed buildings and there is no overnight accommodation of
such pets.
5.17.3
Regulations for Bed and Breakfast Establishments
The following regulations apply to Bed and Breakfast Establishments, which
are permitted as a home business, and shall apply in addition to the general
provisions outlined in Sec. 5.17.1.
a) In addition to the home business regulations in Section 5.17.1, every Bed
and Breakfast Establishment shall be developed in accordance with the
regulations for the zone in which the Bed and Breakfast Establishment
is located.
b) Despite Section 5.17.1 (i), a Bed and Breakfast Establishment is not
limited to a gross floor area of 25% of the dwelling unit, to a maximum of
40 m2.
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Section 5 - General Provisions
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c) Despite Section 5.17.1 (k) a Bed and Breakfast Establishment is not
limited to 3 clients at one time.
d) Despite Section 5.17.1 (g), parking for the Bed and Breakfast
Establishment shall be provided in accordance with Section 5.18 of this
By-law.
5.17.4
Regulations for Private Home Day Cares
The following regulations apply to Private Home Day Cares, which are
permitted as a home business, and shall apply in addition to the general
provisions outlined in Sec. 5.17.1.
a) Despite Section 5.17.1 (i), a private home day care is not limited to a
gross floor area of 25% of the dwelling unit, to a maximum of 40 m2.
b) Despite Section 5.17.1 (k), a private home day care may serve a
maximum of five (5) children on the property at any one time.
5.18 GENERAL PARKING REGULATIONS
5.18.1
Provision of Parking Stalls
No person shall erect or enlarge any building or structure or establish or
change a use unless parking stalls required by this By-law are provided,
unless the requirement to provide such parking is reduced or eliminated
through an agreement between the Corporation of the City of Owen Sound
and the owner of any lot as provided for in the Planning Act.
5.18.2
Off-Street Parking Requirements for all Zones, excluding
C1 Zone
Except as may otherwise be provided for, the minimum number of parking
stalls for motor vehicles must be provided as set out in the following table:
Land Use
Category
Use
Number of Vehicle
Parking stalls Required
Residential
Uses
Single detached dwelling,
duplex dwelling, semi-
detached dwelling, converted
dwelling, and street fronting
townhouse dwelling
1 space per dwelling unit
Apartment dwelling and
cluster townhouse dwelling
1.25 spaces per dwelling
unit
Residential dwelling units in a
portion of non-residential
building
1 space per dwelling unit
Bed and breakfast house and
boarding or lodging house
1 space plus 1 space per
suite
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Updated: December 2023
Land Use
Category
Use
Number of Vehicle
Parking stalls Required
Commercial
Uses
Commercial school, financial
institution, Laundromat,
personal service use, retail
store, service shop, studio
1 space per 25 m2 of gross
floor area or 4 spaces,
whichever total is greater
Restaurant, Drive-thru
Restaurant
1 space per 9 m2 of gross
floor area, plus 1 space for
each 7.5 m2 of patio or deck
area used for dining or
drinking
Funeral home
1 space for each 15 m2 of
gross floor area
Shopping Centre
(Neighbourhood or
otherwise)
1 space for each 15.0 m2 of
gross floor area up to 300.
0 m2, and 1 space for each
20.0 m2 of gross floor area
thereafter; or 10 spaces,
whichever is the greater
Hotel
1.2 spaces per guest room
Marina
0.5 space for each water
craft slip
Automotive Rental
Establishment
4 spaces plus 1 space per
28.0 m2 gross floor area
Automotive Service Station,
Vehicle Body/Repair Shop
3 spaces for every service
bay or repair station
Automotive Washing
Establishment
2 spaces
Wholesale establishment
1 space per 90m2 of gross
floor area
Other commercial uses
1 space per 28.0 m2 gross
floor area
Office Uses
Business or professional
office and government
administrative offices
1 space per 28 m2 of gross
floor area
Animal kennel, medical
centre, veterinary clinic
Minimum of 4 spaces or 6.0
spaces per 100 m2 gross
floor area, whichever is
greater
Industrial
Uses
Truck transport terminal
1 space per 100 m2 gross
floor area
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Updated: December 2023
Land Use
Category
Use
Number of Vehicle
Parking stalls Required
Warehouse
1 space per 185 m2 of gross
floor area
All other industrial uses
5 plus 1 space per 90 m2 of
gross floor area
Institutional
Uses
Place of worship
1 for every 5 seats capacity
or 1 for each 10 m2 of gross
floor area used for a hall or
auditorium, whichever is
greater
Hospital
1 space per 3 beds plus 1
space for every 4
employees
Elementary School
5 spaces plus 1 space per
classroom
Secondary School
1 space for each classroom;
or 1 space per 10 m2 of
floor area in the gymnasium
or auditorium, whichever is
greater.
Group home, group
residence, crisis residence
1 space per 3 beds
Long term care facility
1 space per 4 suites
Leisure and
Recreation
Type Uses
Museum, library, recreational
or athletic facility
1 space per 20 m2 of gross
floor area. Playing areas for
squash, tennis, handball
and badminton courts are
to be excluded for the
purposes of calculating
parking
Community lifestyle facility
1 space for every 4 seats or
1 space per 20 m2 of gross
floor area
Bowling alley, lawn bowling
club, tennis club, golf course,
curling club, racquet club
3 spaces per alley, bowling
green, tennis or racquet
court, putting green, or
sheet of ice, plus 1 space
for each 15.0 m2 of gross
floor area devoted to other
uses.
Other uses
All other uses permitted by
this By-Law other than those
1 per 40 m2 of gross floor
area
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Section 5 - General Provisions
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Land Use
Category
Use
Number of Vehicle
Parking stalls Required
listed in this table
5.18.3
Off-Street Parking Requirements for C1 Zone
Except as may otherwise be provided for, the minimum number of parking
stalls in the C1 Zone for motor vehicles must be provided as set out in the
following table:
Land Use
Category
Use
Number of Vehicle
Parking stalls
Required
Commercial
Uses
Retail, rental and repair store,
personal service use, financial
institution, office, clinic, community
lifestyle facility, commercial school,
funeral home, veterinarian's clinic,
studio, drinking establishment,
restaurant
1 space per 40 m2
of gross floor area
Institutional
Uses
Community lifestyle facility, athletic
or recreational establishment,
theatre, church, art gallery, library,
museum.
No parking stalls
required
Residential/
Mixed Uses
Dwelling units in combination with
non-residential uses, Multiple
Dwellings
1 space for each
dwelling unit.
Other Uses
All other uses within C-1 Zones
shall be as detailed in Section
5.18.2 of this By-law.
5.18.4
Parking Exemption for C1 Zone
Where, in any C1 Zone, a building exists on the date of passing of this By-
law, or where a building or use is established in accordance with this By-law,
and where a proposal is made to change the use of any such building to a
different use without increasing the floor area of the building:
a.
The new use shall be permitted without additional parking being
provided notwithstanding that additional parking spaces may be
required pursuant to Section 5 of this By-law;
b.
Notwithstanding the foregoing, parking shall be required in accordance
with this By-law where the change in use is from a residential use to
any other permitted use;
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Section 5 - General Provisions
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c.
Where an addition is proposed to any building, parking shall be
required only for the addition, and any legal deficiency in parking for
the existing building shall not be required to be made up, unless the
proposed addition results in the loss of existing parking spaces.
d.
No additional parking shall be required where the proposed addition
does not exceed 10% of the gross floor area of the existing building.
5.18.5
Use of Parking Areas and Spaces
No parking area or space required under this By-law shall be used for any
other purpose than the parking of licensed vehicles used in conjunction with
the permitted uses on the lot.
5.18.6
Calculation of Off-Street Parking stalls
Where the calculation of off-street parking requirements results in a fraction,
the number of parking stalls to be provided will be rounded to the next
highest whole number.
5.18.7
Parking for More Than One Use in a Building
When a lot, building or structure accommodates more than one use as set out
in this By-law, the parking stall requirement shall be the sum of the
requirements for the separate uses, unless otherwise provided for in this By-
law.
5.18.8
Commercial Motor Vehicles, Tractor Trailers and Buses in
Residential Zones
No person shall use any lot, building or structure in a Residential Zone for the
parking or storage of any commercial motor vehicles unless he is the owner
or occupant of such lot, building or structure, and provided that said vehicles
shall not exceed 2,721.6 kilograms gross vehicle weight and provided that
not more than one commercial motor vehicle is stored in accordance with this
Section.
No person shall use any lot, building or structure in a Residential Zone for the
parking or storage of any tractor trailer or part thereof. This provision shall
not include commercial motor vehicles, and tractor trailers which attend a
residential premise for the purposes of delivery and service.
5.18.9
Parking and Storage of Unlicensed and Inoperable Motor
Vehicles
Unless specifically provided for by this By-law, no person shall provide
outdoor storage for any motor vehicle which is unlicensed or inoperable.
5.18.10
Size of Standard Parking Stalls
Required parking stalls shall comply with the standards set out in Table
5.18.10.
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Section 5 - General Provisions
Updated: December 2023
Table 5.18.10 - Required Parking Stall Dimensions
Maximum Angle of Parking Stall to
Maneuvering Aisle
Required Width
Required Length
0 degrees
2.50 m
6.50 m
30 degrees up to and including 90
degrees
2.65 m
6.0 m
5.18.11
Location of Required Off-Street Parking stalls
Unless otherwise provided in this By-law, required off-street parking stalls
shall be located on the same lot as the principle or main building or on a lot
no more than 100 m from the lot.
5.18.12
Parking Surfaces and Drainage
All off-street parking stalls and areas shall be constructed of a non-migrating
hard surface material and treated to prevent erosion and the raising of dust
and loose particles. Surface cover shall consist of asphalt, paving brick,
concrete or similar hard-surfaced materials. All off-street parking stalls and
areas shall be graded and drained so as to prevent the pooling of surface
water or the flow of surface water onto adjacent lots.
5.18.13
Tandem Parking
Where parking is provided at the dwelling unit in an individual driveway, the
required parking for that dwelling may be provided by a tandem parking stall.
5.18.14
Parking Facilities
In zones where a parking facility is a permitted use, and the parking is to be
provided within a structure, such a structure shall be subject to all
requirements of the zone except for parking provisions.
5.18.15
Underground Parking Provisions
A parking structure, whether attached or detached to the main building, that
is located entirely below grade (with the exception of entrances thereto), may
be erected to within 0.5 m of any lot line and shall not be subject to lot
coverage regulations. For clarity, covered parking structures and entrances
thereto located above grade shall be subject to the applicable zone
provisions.
5.18.16
Parking Area Location On-Lot
Notwithstanding the required yard and setback provisions of this By-law to the
contrary, uncovered surface parking areas shall be permitted in the required
yards or in the area between the street line and the required setback provided
that no part of any parking area, other than a driveway, is located closer than
1.5 m to any street line, unless otherwise specified below:
a) A parking space for individual residential dwelling units with individual
private driveways may be located in the front yard provided that not more
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Section 5 - General Provisions
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than 50% of the front yard area is used for driveways and parking areas.
Notwithstanding the above a private drive shall be no less than 3.0 m wide
and no more than 8.5 m wide.
b) For Extractive Industrial/Disposal Industrial Uses, parking shall be permitted
in the rear yard and interior side yard, and where such uses abut a
Residential, Commercial, Institutional or Agricultural use, the parking area
shall be set back 9.0 m from the abutting lot line.
c) For the conversion of a building, as legally existing on the effective date of
this By-law, to permit a residential use containing three (3) or more
dwelling units a parking area may be permitted within a front, rear or side
yard.
5.19 ACCESSIBLE PARKING REGULATIONS
5.19.1
Number of Required Accessible Parking Stalls
Accessible parking stalls shall be provided in accordance with the
requirements set out in Table 5.19.1.
Table 5.19.1 - Number of Required Accessible Stalls
Total Required Parking Stalls
Minimum Number of Accessible Stalls
1 to 12
1
13 to 100
4% of the total required
101 to 200
1, plus 3% of the total required
201 to 1,000
2, plus 2% of the total required
Greater than 1,000
11, plus 1% of the total required
a) Accessible stalls shall be counted towards and included within the minimum
number of off-street parking stalls required by Section 5.18 of this By-law.
b) Notwithstanding Table 5.19.1, where a lot contains a single detached
dwelling, semi-detached dwelling, duplex, additional residential units, or
street-fronting townhouse where parking stalls are accessed from a
driveway, no accessible stalls are required.
5.19.2
Type A and Type B Accessible Stall Calculations
The calculation of the required number of Type A and Type B accessible stalls
shall comply with the following provisions:
a)
Where an even number of accessible stalls is required by Section
5.19.1, an equal number of Type A and Type B accessible stalls must
be provided;
b)
Where an odd number of accessible stall is required by Section 5.19.1,
an equal number of Type A and Type B accessible stalls must be
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Section 5 - General Provisions
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provided, but the additional accessible stall, the odd-numbered stall,
shall be a Type A accessible stall;
c)
Despite Section 5.19.2 (b), where only one accessible stall is required,
it shall be a Type A accessible stall.
5.19.3
Accessible Parking Design Standards
The following provisions shall apply to the design of accessible parking stalls.
a) Accessible parking stall dimensions shall comply with Table 5.19.3.
Table 5.19.3 - Accessible parking space dimensions
Type
Minimum width
Minimum length
Type A accessible stall
3.4 m
6.0 m
Type B accessible stall
2.4 m
6.0 m
b) Accessible stalls must comply with the following minimum vertical
clearances:
i.
the minimum vertical clearance of an accessible stall located in a
parking structure is 2.1 m; and,
ii.
the minimum vertical clearance of all other accessible stall is 2.9
m.
c) An accessible aisle must be provided for each accessible stall and may be
shared by a maximum of two accessible stalls. Accessible aisles must:
i.
have a minimum width of 1.5 m;
ii.
extend the full length of the accessible stall; and,
iii.
Be marked with high-tonal contrast diagonal lines where the
surface is asphalt, concrete, or other hard surface.
d) All accessible stalls shall:
i.
Have an accessible permit parking sign that satisfies the
requirements of the Highway Traffic Act,
i.
Have a maximum gradient of 5%; and,
ii.
Type A accessible stalls must have signage that identifies the stall
as "van accessible".
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Section 5 - General Provisions
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5.20 BICYCLE PARKING REGULATIONS
5.20.1
Bicycle Space Requirements
The minimum number of parking spaces for bicycles, in addition to the
required vehicle parking, must be provided as set out in the following table:
Use
Number of Bicycle Spaces
Required
Cluster Townhouse or Apartment
Dwellings
10% of required vehicle parking
Schools
1 space per 20 m2 classroom, plus
1 space per 800 m2 of office area
Offices
4% of required vehicle parking, or
4 spaces, whichever is greater
Commercial Uses (excluding uses in
the C1 Zone, unless otherwise
noted), including Restaurants
(excluding take-out only)
5% of required vehicle parking, or
4 spaces, whichever is greater
Cinema, Community Lifestyle
Facility or Community Centre
10% of required vehicle parking, or
4 spaces, whichever is greater
Hotel
1 space per 20 guest rooms
Industrial Use
4% of required vehicle parking
5.20.2
Bicycle Parking Space Design Standards
Bicycle parking shall be provided in an area having a minimum of 1.8 m in
length.
The
minimum
number
of
bicycle
parking
spaces
shall
be
accommodated by a rack, which will determine the width of the bicycle
parking area.
5.20.3
Motorcycle Parking Space Design Standards
a) The minimum dimensions for each space intended for motorcycles or
similar vehicles must be 1.0 m in width and 2.1m in length;
b) Motorcycle parking can be located in areas which may be unsuitable for
vehicle parking due to size or shape and not intended for pedestrian
traffic, however the parking must be clearly delineated by markings and
barriers.
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Section 5 - General Provisions
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5.21 QUEUING REGULATIONS
5.21.1
Queue Space Requirements
Where any of the uses permitted by this by-law offer drive-through service,
off-street vehicle queue spaces leading to and from the drive-through service
must be provided in accordance with the following table:
Land Use
Required Number of Queuing Spaces
Automated Bank Machine
3.0 before each Automated Bank
Machine
Automotive Service
Station/Repair Garage
3.0 before each service bay
1.0 at service bay exit if a through-bay
Automotive Washing
Establishment
3.0 before each wash bay
1.0 after each wash bay
Restaurant
12.0
total
including
11
before
the
service/pick up window and 1 at the
service/pick up window
Convenience Retail or Service
Establishment
2.0 before service window
5.21.2
Queue Space Design Standards
All required queue spaces must be provided in accordance with the following
design standards:
a) The minimum dimensions for each queue space must be 2.75 m in width
and 5.75 m in length;
b) Queue spaces must be arranged in a single waiting line in advance and
behind the drive through service window.
c) Queue spaces may be arranged in a double waiting line in advance of
the menu board/order station.
d) A minimum inside turning radius for queue spaces forming a waiting line
is 7.0 m.
e) Queue spaces forming a waiting line must be unobstructed by parking
stalls or loading spaces and must be clearly delineated by markings and
barriers; and
f) Queuing spaces forming a waiting line or storage space from the service
offered cannot form part of a parking aisle providing access to parking
stall.
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Section 5 - General Provisions
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5.22 LOADING SPACE REGULATIONS
5.22.1
Loading Space Requirements
No person shall erect or enlarge a building or establish or change a use
unless permanently maintained off-street loading spaces accessible from an
improved street or lane are provided in accordance with the following
requirements:
Use
Required Number of Loading
Spaces
Multiple Dwelling over 25 units
1 space
All uses involving shipping and/or
receiving of goods (See Section
5.22.4)
0 spaces for 0 to 300 m2 gross floor
area
1 space for over 300 m2 to 3000 m2
gross floor area
2 spaces for over 3000 m2 gross floor
area
Uses in the Commercial C1 (C-1)
Zone
N/A
5.22.2
Loading Space Access
Each loading space shall be provided with one or more unobstructed
driveways of not less than 3.5 m in width and 10 metres in depth. Such
driveway shall be contained within the lot on which the spaces are located
and are accessible from a street or lane. No part of such driveway shall be
used for the parking or temporary storage of vehicles.
5.22.3
Loading Space Surface
The driveways, loading and unloading spaces shall be maintained with a
stable surface which is treated so as to prevent the raising of dust or loose
particles and with provisions for drainage facilities.
5.22.4
Loading Space for Medical Marihuana Production Facility
Loading spaces for a Medical Marihuana Production Facility must be in a
wholly enclosed building. The required number of loading spaces, access and
surface shall be as otherwise described in Section 5.22.
5.23 LIGHTING & LANDSCAPING OF PARKING AND LOADING AREAS
5.23.1
Lighting
a) Where lighting facilities are provided in conjunction with any off-street
parking or loading area, no person shall arrange such lighting such that
excessive light and glare is deflected onto adjoining properties.
b) Lighting facilities are to meet minimum illumination standards of 6.2 lux,
a maximum to minimum uniformity ratio of 3:1 and be dark sky
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compliant. Luminaires are to have a correlated colour temperature (CCT)
of 3000o +/- and be LED type.
5.23.2
Parking Area Abutting another Use or Lot Line
a) Where a parking area containing four (4) or more parking stalls or a
loading space(s) abuts any use or undeveloped land in any Zone, a
minimum of 1.5 metres of land abutting the lot line, shall be used for no
other purpose than a planting strip in accordance with the provisions of
this subsection.
b) A planting strip required for Sec. 5.23.2 (a) shall be used for no other
purpose than for a row of trees, a continuous hedgerow of evergreens or
shrubs, a berm, a wall, or a privacy fence, not less than 1.5 m high,
immediately adjacent to the lot line or portion thereof along which such
planting strip is required hereunder, arranged in such a way as to form a
dense or opaque screen; with the remainder of the strip used for shrubs,
flower beds or grass, ground cover or a combination thereof.
5.23.3
Parking Area Abutting a Street
a) Where a parking area consisting of four (4) or more parking stalls or a
loading space(s) abuts a portion of a street, a minimum width of 1.5
metres of land adjacent to the street shall be used for no other purpose
than a planting strip in accordance with the provisions of this subsection.
b) A planting strip required for Sec. 5.23.3 (a) shall be used for no other
purpose than for a planting strip arranged in such a way as to form a
landscape strip predominated by trees and with shrubs, flower beds, or
grass, or ground cover. Notwithstanding, a berm, a wall, or a privacy
fence may be permitted where it is required for noise attenuation
purposes.
5.23.4
Parking Area in the C1 Zone
a) In a C1 Zone, where a parking area consisting of four (4) or more
parking stalls is located in any yard that abuts a lot in any Zone, no
parking shall be permitted within 7.5 metres of the common lot line
unless a continuous privacy fence or solid vegetative screen having a
minimum height of 1.5 metres is provided and maintained along the
common lot line.
5.24 OUTDOOR WASTE RECEPTACLES/STORAGE AREAS
Where a waste receptacle is proposed to be located on a lot, the following
provisions shall apply:
a) No waste receptacle shall be stored on any lot in any zone except within a
building or structure on such lot or in a container in an interior side yard or
rear yard of such lot.
b) Every waste storage area required by this by-law or as a result of Site Plan
Control, which is visible from an adjoining site, shall be visually screened
by solid fencing/enclosure.
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Section 5 - General Provisions
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i.
Despite Sec 5.24(b) an enclosed in-ground waste container is not
required to have visual screening.
c)
A waste receptacle or storage area enclosure shall be regulated in the
same manner as accessory buildings or structures except that such
structure shall not be subject to lot coverage regulations.
d) Standard residential waste containers and stationary individual waste cans
that are less than 1 cubic metre in size are exempt from the provisions of
Section 5.24.
5.25 DESIGNATED HERITAGE BUILDINGS
Alternative building design or building materials for properties designated
under the Ontario Heritage Act that were approved through the issuance of a
Heritage Permit shall be deemed to comply with the provisions of this By-law.
5.26 MODEL HOMES
Where a model home agreement or a subdivision agreement permitting the
construction of model homes has been executed by the owner and the City,
more than one single detached, semi-detached or townhouse dwelling may be
constructed on a lot prior to registration of the plan of subdivision under the
Planning Act or a description under the Condominium Act, subject to the
following provisions:
a)
The use must be permitted in the underlying zone in which the dwelling
is to be located;
b)
Notwithstanding Sec. 5.26 (a), a model home may be used as a
temporary sales office for the development within which the dwelling is
located;
c)
The model home must not be occupied as a dwelling unit prior to the
date of registration of the subdivision plan or condominium plan;
d)
The maximum number of model homes within one plan of subdivision
under the Planning Act or a description under the Condominium Act
proposed for registration is equal to ten percent (10%) of the total
number of lots intended for single detached, semi-detached, or
townhouse dwelling purposes within the plan or description for
registration, to a maximum of 10 model homes;
e)
The model home must comply with all other provisions of this by-law, as
though constructed on the lot within the registered plan of subdivision
under the Planning Act or the description under the Condominium Act;
and,
f)
The model home must comply with all applicable terms and conditions of
the model home agreement or subdivision agreement.
5.27 ADDITIONAL RESIDENTIAL UNITS
An Additional Residential Unit may be permitted in any Zone where a Single
Detached Dwelling, Semi-detached Dwelling or Townhouse is permitted as of
right in accordance with the following:
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5 - 29
Section 5 - General Provisions
Updated: December 2023
a)
A maximum of two (2) additional dwelling units is permitted per lot;
b)
One (1) additional on-site parking space shall be provided for each
additional residential unit;
c)
All regulations of the zone must be complied with;
d)
A maximum of one (1) additional residential unit is permitted to be
located in an accessory building per lot, provided the additional residential
unit has direct access from the street or dedicated parking space and the
accessory building must comply with the provisions of section 5.9;
e)
Any additional residential unit shall be required to obtain a Building Permit
from the City;
f)
For lots that are partially or not connected to municipal services, well
water records or approval from the designated authority for sewage
systems is required prior to granting a building permit;
g)
Additional residential units in the Agricultural zone must be located in the
existing single detached dwelling, or in a non-agricultural accessory
structure in the existing farm cluster;
h)
Additional residential units in the flood fringe overlay require conservation
authority approval; and,
i)
Additional residential units are exempt from the provisions that establish
maximum density as a measure of dwelling units per square metre of
total development parcel area.
Section 5.28 Short-Term Rental Accommodations
Where permitted, a short-term rental shall be subject to the requirements of
the zone in which it is located, and it shall:
a)
Be permitted in any zone where a 'Residential Use' is a permitted use;
b)
Comply with the parking provisions of Section 5 for the associated
residential use in the zone.
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