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East Nipissing Planning
Area
Prepared by
Tel. (613) 326-0040
Fax (613) 326-0030
1-800-924-0128
Email: [email protected]
Website: www.tunnockconsulting.ca
Township of
Papineau-Cameron
Township of
Papineau-Cameron
Zoning By-Law
Prepared by
Tel. (613) 326-0040
Fax (613) 326-0030
1-800-924-0128
Email: [email protected]
Website: www.tunnockconsulting.ca
TOWNSHIP OF PAPINEAU-CAMERON
ZONING BY-LAW
TABLE OF CONTENTS
Section 1
Administration.............................................................................................................. 1
Section 2
Conformity Requirements ............................................................................................ 5
Section 3
Definitions ................................................................................................................ 6-48
Section 4
General Provisions ..................................................................................................... 49
4.1
Accessory Buildings, Structures and Uses ........................................................ 49
4.2
Auto Service Station, Gasoline Bar, Car Washing
Establishment .................................................................................................. 53
4.3
Buildings to be Moved ..................................................................................... 53
4.4
Camp ............................................................................................................... 53
4.5
Change of Use ................................................................................................. 54
4.6
Cumulative Standards ...................................................................................... 54
4.7
Day Nurseries .................................................................................................. 54
4.8
Exception Zone ................................................................................................ 54
4.9
Farm Use ......................................................................................................... 54
4.10
Fences ............................................................................................................. 54
4.11
Flood Plain, Fill and Construction Requirements .............................................. 55
4.12
Frontage on a Public Street .............................................................................. 57
4.13
Garden Suites................................................................................................... 57
4.14
Group Homes................................................................................................... 57
4.14A Helipad, Heliport ............................................................................................. 57
4.14B Home Based Business ...................................................................................... 58
4.15
Illumination ..................................................................................................... 58
4.16
Land Suitability for Use and Organic Soils ....................................................... 59
4.17
Licenses, Permits and Other By-laws ............................................................... 59
4.18
Mine Hazards................................................................................................... 59
4.19
Minimum Distance Separation, Influence Areas and Special Setbacks .............. 59
4.20
Natural Heritage Features ................................................................................. 62
4.21
Non-Conforming Uses ..................................................................................... 63
4.22
Occupancy Restrictions ................................................................................... 64
4.23
Outside Storage, Sales and Display .................................................................. 64
4.24
Parking and Storage of Vehicles ....................................................................... 65
4.25
Schedule for Parking Requirements .................................................................. 66
4.26
Parts of Buildings or Structures Permitted Above Height Level ........................ 68
Table of Contents (Continued)
Page
4.27
Permitted Projections ....................................................................................... 68
4.28
Prohibited Uses ................................................................................................ 69
4.28A Recreational Vehicles ...................................................................................... 69
4.29
Sight Triangle .................................................................................................. 71
4.30
Signs................................................................................................................ 71
4.31
Sleep Cabin ..................................................................................................... 71
4.32
Streets and Parks .............................................................................................. 71
4.33 Temporary Buildings or Structures During Construction .................................. 71
4.34
Trans-Canada Pipelines .................................................................................... 71
4.35
Use by Public Authority or Public Utility ......................................................... 72
4.36 Water and Sewage Disposal Services ............................................................... 72
4.36A Wind Turbine and Renewable Energy Undertaking .......................................... 72
4.37
Zones Applying to More Than One Property .................................................... 73
Section 5
Zones ........................................................................................................................... 74
5.1
Zone Classification .......................................................................................... 74
5.2
List of Zones .................................................................................................... 74
5.3
Interpretation of Zone Boundaries .................................................................... 74
5.4
Rural............................................................................ R ................................ 76
5.5
Limited Service Rural ............................................. LSR................................. 80
5.6
Commercial/Recreational .......................................... CR................................. 83
5.7
General Industrial ..................................................... M1................................. 85
5.8
Heavy Industrial ....................................................... M3................................. 87
5.9
Mineral Aggregate Resource .................................... MX................................. 88
5.10
Waste Management Facility ........................................ W................................ 89
5.11
Environmental Protection ........................................... EP................................. 90
Appendix 1: Minimum Distance Separation Formulae I and II
Appendix 2: Amending By-law
Zoning Schedule
* Disclaimer: Photographs, illustrations, diagrams and clip art are inserted to make the document
more user-friendly but are not intended to be a legal component of the Zoning By-law.
The Corporation of the Township of Papineau-Cameron
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Township of Papineau-Cameron. To use this By-
law, locate the subject property on the map schedules provided and determine the zone(s) which
affects the land. Then review the specific regulations relating to the zone(s) in Section 5: Zones.
It is also important to review Section 4: General Provisions and any applicable definitions in
Section 3: Definitions.
Changes to the requirements contained in this By-law may be made with prior approval by the
Township as provided for under the Planning Act. Significant changes may be made through the
zoning by-law amendment process. Minor variations may be granted by the Township Committee
of Adjustment. Both processes require formal applications to be submitted to the Municipality
and both involve mandatory public notification.
Should you have any questions about the interpretation of the wording of this by-law or the
process involved to obtain relief from its provisions, please contact the Township Office.
This By-law is an office consolidation of the following by-laws:
By-law 2000-11
August 8, 2000
By-law 2010-17
December 14, 2010
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Section 1 ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It
names the By-law, states its relationship with other by-laws, defines the area to
which it applies, how it is to be enforced, etc. In essence, it identifies the legal
parameters within which the By-law functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2000-11 of the
Corporation of the Township of Papineau-Cameron.
1.2
Applications and Plans
In addition to the requirements of any Building By-law, every application for a
building permit shall be accompanied by a plan, drawn to scale and showing the
following:
(a)
The true dimensions and/or legal description of the lot to be built upon or
otherwise used;
(b)
The proposed location, height and dimensions of any building, structure
or use proposed for such lot;
(c)
The proposed location, height and dimensions of yards, landscaping,
parking areas and loading spaces required by this By-law;
(d)
The location of all existing buildings or structures on the lot, including
the lot area, lot coverage of existing and proposed structures; and
(e)
A statement, signed by the owner disclosing the exact use of all existing
and proposed uses of land, buildings or structures and such other
information as may be required to determine whether the uses conform
with the requirements of this by-law.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal
boundaries of the Corporation of the Township of Papineau-Cameron.
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1.4
Enforcement
This By-law shall be administered by the Chief Building Official or such other
person as may from time to time be designated by Council, and no permit for the
use of land or for the erection or use of any building or structure or approval of
application for any municipal license within the jurisdiction of the Council shall
be issued or given where the proposed building, structure or use would be a
violation of any provision of this By-law.
1.5
Inspection of Land, Buildings and Structures
(a)
Subject to Sections 49 and 49.1 of the Planning Act, 1990, the Chief
Building Official or other such person as may from time-to-time be
designated by Council or any person acting under his or her instructions,
and upon producing proper identification, is hereby authorized to enter, at
all reasonable times, upon any property or premises for the purpose of
inspecting a property of which he or she believes a contravention of this
By-law is occurring.
(b)
Notwithstanding any provisions of Section 1.5 (a) hereof to the contrary,
no officer or employee of the Corporation shall enter any room or place
actually being used as a dwelling unit without obtaining the consent of the
occupier, first having informed the occupier that the right of entry may be
refused, except under the authority of a search warrant issued under
Section 158 of the Provincial Offenses Act.
(c)
No person shall obstruct or attempt to obstruct an officer or person acting
under the officer's instructions in the exercise of a power authorized under
the Planning Act.
1.6
Penalty
(a)
Every person who violates any of the provisions of this By-law is guilty of
an offense and upon conviction thereof shall forfeit and pay a penalty not
exceeding Twenty-Five Thousand Dollars ($25,000.00), on a first
conviction, add Ten Thousand Dollars ($10,000.00) on a subsequent
conviction for each day or part thereof upon which the contravention has
continued after the day of the first conviction.
(b)
Where a corporation is convicted under subsection (a), the maximum
penalty that may be imposed is Fifty Thousand Dollars ($50,000.00) on a
first conviction and Twenty Five Thousand Dollars ($25,000.00) on a
subsequent conviction for each day or part thereof upon which the
contravention has continued after the day of the first conviction.
(c)
In the case where any building or structure is erected or altered, or any part
thereof is used, or any lot is used, in contravention of any of the
requirements of this By-law, such contravention may be restrained by
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action at the instance of any ratepayer or of the Corporation pursuant to the
provisions of the Municipal Act or the Planning Act in that behalf.
1.7
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed
under Section 34 of the Planning Act, 1990, or its predecessor, are hereby
repealed.
The adoption of this By-law shall not prevent any pending or future prosecution
of, or action to abate any existing violation of the said By-laws if the violation is
also a violation of any of the provisions of this By-law.
1.8
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the provisions of this By-law as a whole or any part thereof other than the
part declared to be invalid.
1.9
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the area affected by this By-law,
or from applying for and obtaining any permit, license, permission, authority or
approval required by this or any other By-law or regulation of the Corporation or
by any other law in force from time to time.
1.10
Conflict
In the event of conflict between this By-law and amendments thereto, and any
general or special By-law, the most restrictive By-law shall prevail.
1.11
Interpretation
(a)
Interpretation Act
The Interpretation Act, R.S.O. 1990 applies to this By-law.
(b)
Definitions
Definitions are given in this By-law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By-law. They
are not to be used to avoid an obligation imposed by the By-law or any
requirement enacted in a substantive provision of the By-law.
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(c)
Citation
This By-law may be cited by its long title (AA By-law to Regulate the Use
of Land, Buildings and Structures within the Township of Papineau-
Cameron@), its short title (ATownship of Papineau-Cameron Zoning By-
law@) or its by-law number, and any such citation is to be taken as
meaning the By-law as amended.
(d)
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one
gender includes the other.
(e)
Plural and Singular
In this By-law, words in the singular include the plural, and words in the
plural include the singular.
(f)
References
Appendices, footnotes, glossaries, headings, indices, marginal notes and
references to former enactments or enabling legislation after a section or
other division of the By-law, do not form part of the By-law and are
inserted for convenience of reference only.
(g)
Measurement Units
This By-law utilizes the metric system to establish measurements when
such measurements form part of a regulation or a requirement.
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Section 2 CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority and legitimacy of the By-law. It is
composed of two statements which establish the primacy of the regulations stated
within.
2.1
No land, building or structure shall be used and no building or structure shall be
erected or enlarged or placed for any purpose within the area defined by this By-
law, except as specifically, or by necessary implication, authorized by this By-law
and in conformity with all the applicable provisions of this By-law.
2.2
Subject to the granting of such minor variances as may be necessary, no lands
shall be severed from any existing lot if the effect of such action is to cause the
original, adjoining, remaining or new building, structure, lot or use of land to be in
contravention of any provision of this By-law.
2.3
Where a use does not take place within a building, but a regulation in this By-law
imposes a requirement premised on the use being in a building, the requirement
applies as though the actual area occupied by the use was in a building.
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Section 3 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this
Section shall govern. In this By-law, the word "shall" is mandatory and not
directory; words in the singular include the plural, words in the plural include the
singular; the word "used" includes "arranged", "designed" or "intended to be
used". The word "occupied" shall include "designed to be occupied" and
"arranged to be occupied".
3A
Abattoir
Mans a building or structure where animals are killed for market but shall not
include a rendering plant.
Accessory
When used to describe a use, building or structure, means a use, building or
structure naturally or normally incidental, subordinate and exclusively devoted to
a main use, building or structure and located on the same lot therewith.
Adventure Game
Mans an outdoor sport or recreation operated commercially in which participants
attempt to capture a flag or some other object and return it to their home base, and
may carry one or more of the following equipment: paint pellet pistols with a CO2
cartridge, paint pellets, safety goggles to prevent pellets from striking participants'
eyes, and armbands to identify team participants.
Aggregate
Mans gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble,
granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline
syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the
Mining Act.
Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
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(a)
The growing of crops, including all related activities such as soil preparation,
manure or fertilizer storage and application, planting, spraying, grain drying,
irrigating, harvesting and also including the storage and sale of the crops;
(b)
Animal husbandry including the raising, boarding, and keeping of all forms of
livestock and fish, and all related activities such as breeding, training, feeding,
manure storage and grazing;
(c)
The production of animal products such as milk, eggs, wool, fur, or honey,
including related activities such as the collection, storage and sale of the
products;
(d)
The use and storage of all forms of equipment or machinery needed to
accomplish the foregoing activities; and
(e)
Agricultural use shall not be construed to include commercial activities related
to agriculture such as abattoirs, tanneries and retail sales outlets, or
manufacturing and processing activities involving farm crops or animal
products such as cheese factories, grain mills or retail seed sales.
Airfield
Means any land, lot or buildings used for the purpose of landing, storing, taxiing or
taking off of private or commercial aircraft pursuant to the regulations of the
appropriate authority.
Aisle
Means the travelled way by which motor vehicles enter and depart parking spaces.
Alter
(a)
When used in reference to a building, structure or part thereof, means:
i)
To change any one or more of the external dimensions of such building
or structure; or
ii)
To change the type of construction of the exterior walls or roof of such
building or structures; or
iii)
To change the use of such building or structure or the number or types
of uses or dwelling units contained therein.
(b)
When used in reference to a lot means:
i)
To change the boundary of such lot with respect to a street or lane; or
ii)
To change any dimension or area, relating to such lot; or
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iii)
To change the use of such lot or the number of uses located thereon.
(c)
When used in reference to a shoreline:
i)
Means to change, straighten, divert or interfere in any way with the
channel of any watercourse.
Ambulance Facility
Means a building or part of a building where professional paramedics are stationed
and their vehicles and equipment are kept.
Antique Store
Means a retail store selling any old and authentic objects of personal property which
were made, fabricated or manufactured sixty or more years earlier and which have a
unique appeal and enhanced value mainly because of its age, and, in addition, may
include the sale of any article of personal property which was made, fabricated or
manufactured twenty or more years earlier and because of public demand had attained
a value in a recognized commercial market which is in excess of its original value.
Attached
Means a building or structure otherwise complete in itself which is connected to, and
which depends for structural support upon a division wall or walls shared in common
with an adjacent building or buildings.
Auto Body Shop
Means a building with a service bay, where painting, refinishing, restoration or repairs
to the coach works of motor vehicles are performed for gain or profit.
Auto Repair Garage
Means a building used for the storage repair and servicing of motor vehicles, having
at least one (1) service bay where repairs essential to the actual operation of a motor
vehicle are performed.
Auto Service Station
Means a place for supplying fuel, oil and minor accessories for motor vehicles at
retail, direct to the consumer and having at least one (1) service bay where repairs to
the actual operation of motor vehicles may be performed. If more than two (2) motor
vehicles are kept on the premises for the purpose of selling such vehicles, then such
establishment shall also be classified as an automotive sales establishment.
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Automotive Sales Establishment
Means a building and/or lot used principally for the display and sale of new and/or
used motor vehicles and may include the servicing, repair, cleaning, body repair and
repainting of motor vehicles, the sale of automotive accessories and related products
and the leasing or renting of motor vehicles, but shall not include any other defined
automotive uses.
3B
Basement
Means a storey or storeys of a building located below the first storey. The first storey
is the storey with its floor closest to grade and having its ceiling more than 1.8 m [5 ft.
11 in] above grade (see illustration).
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products,
used in building or construction and includes facilities for the administration or
management of the business, the stockpiling of bulk materials used in the production
process of finished products manufactured on the premises and the storage and
maintenance of required equipment.
Bed and Breakfast Establishment
Means a private dwelling designed to be used in part for the accommodation of the
travelling or vacationing public, containing therein suites or guest rooms.
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Boat House
Means a building or structure or part thereof not over 4.8 m [15.7 ft] in height, used
for the storage of private boats and equipment accessory to their use, as an accessory
use to a residential use, no part of which shall be used for any residential or
commercial purpose. Despite anything in the foregoing to the contrary, rooftop decks
or patios and screened enclosures (i.e., gazebos) shall be allowed provided that the
total aggregate height of all boat house structures does not exceed the maximum
height limit by more than 1.2 m [4.0 ft].
Building
Means any structure used or intended for sheltering any use or occupancy. The word
"building" shall include the whole of such structure or part thereof.
Building Height
Means the vertical distance between the average finished grade at the base of the
building and in the case of a flat roof, the highest point of the roof surface or parapet
wall, whichever is the highest, or in the case of all other types of roofs, the mean
height level between the base of the roof and highest point of the roof (see
illustrations).
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Illustration of Building Height
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Building, Main
Means a building in which is conducted the principle uses of the lot on which it is
situated (see illustration).
Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning, home improvement and similar goods
are stored, displayed, or kept for retail sale. This definition shall not include a lumber
yard nor a salvage yard.
3C
Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation
on a temporary basis (i.e., weekend, vacation) for persons engaged in such activities
as hunting, fishing, snowmobiling, hiking or other similar forms of recreation.
Camp, logging
Means an area of land including buildings and structures specifically designed as non-
permanent living quarters for persons employed in the removal, cutting, debarking or
harvesting of timber for commercial purposes or ancillary services and may include a
dormitory, lodging or sleeping facilities, sanitary and eating facilities and accessory
uses directly related to meeting the needs of occupants including but not limited to a
Laundromat, recreational facilities, concession selling personal effects and food stuffs
and park
Camp, Temporary Work
Means an area of land including buildings and structures constructed on a temporary
basis during the construction or decommissioning of a major building, logging
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operation, industrial complex, hydroelectric project or other large scale construction
project and such camp may include a field office, storage area, storage buildings,
living quarters including sanitary and eating facilities provided that such a camp is
removed once the facility is was designed to serve is completed.
Campground - Private
Means an area of land providing short term accommodation for tents, trailers,
recreation vehicles or campers where no fee is charged or paid for such
accommodation.
Campground - Recreational
Means an area of land containing sleeping accommodations and facilities which are
used to provide short term accommodation for persons engaged in passive or active
recreation or leisure, which without limiting the generality of the foregoing, shall
include, but shall not be limited to the following: children's camp or establishment,
religious camp, institutional camp, or other like or similar camp or establishment, but
shall not include a tourist establishment.
Campground - Tourist
Means an area of land providing short term accommodation for tents, tent trailers,
recreational vehicles or campers and may include accessory uses such as a
Laundromat, convenience store, sale of propane fuels and recreational uses for
persons using the campground where a fee is charged or paid for such
accommodation.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering
of one or more motor vehicles.
Car Washing Establishment
Means a building or portion thereof used for washing or cleaning of motor vehicles
for gain, and may include the sale of gas and oil to its customers.
Catering Establishment
Means a commercial establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises or to
take out.
Cemetery
Means a cemetery within the meaning and as regulated by the Cemeteries Act.
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Chief Building Official
Means an officer or employee of the Corporation of the Township of Papineau-
Cameron charged with the duty of enforcing the provisions of the Building Code Act.
Clinic
Means a building used solely for the purpose of consultations, diagnosis and treatment
of patients, by two (2) or more legally qualified physicians, dentists, optometrists,
chiropodists, chiropractors or drugless practitioners, together with their qualified
assistants and without limiting the generality of the foregoing, the building may
include administrative offices, waiting rooms, laboratories, pharmacies or
dispensaries directly associated with the clinic, but shall not include accommodation
for in-patient care or operating rooms for major surgery.
Commercial Greenhouse
Means a building used for the growing of flowers, vegetables, shrubs, trees, and
similar vegetation for wholesale or retail sale. This definition shall not include any
premises for the growing of mushrooms.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body
and includes ambulances, hearses, fire apparatus, police patrols, motor buses and
tractors used for hauling purposes on the highway.
Communications Facility
Means an installation which transmits, receives and/or relays communications such as
a microwave relay tower, significant antenna, telephone or telegraph line, cellular
telephone tower, radio or television broadcast tower or similar facility.
Community Centre
Means any parcel of land or building(s) used for community activities whether used
for commercial purposes or not, and the control of which is vested in the
municipality, a local board or agent thereof.
Condominium
Means a building or land or part thereof which is held in separate private ownership
and to which or in which common elements are owned by the tenants in common
(e.g., recreation facilities, open space, outdoor areas etc.) and which is administered
and maintained by a corporation pursuant to the provisions of the Condominium Act.
Such use may be for a residential, commercial or industrial use.
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Conservation Authority
Means the North Bay-Mattawa Conservation Authority.
Conservation Use
Means the use of lands which are intended to remain open in character with the
priority use given to preservation of their ecological uniqueness, wildlife production
and their natural features and may include non-commercial recreational uses only if
conservation of the resource is not jeopardized.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage
and maintenance of equipment used by the contractor or company, and may include
facilities for the administration or management of the business and the stockpiling or
storage of supplies used in the business, but does not include the crushing of virgin or
recyclable aggregates or materials and the wholesale or retail sale of building supplies
or home improvement supplies.
Continuum-of-Care Facility
Means a facility which may include a senior citizens apartment building, a nursing
home, a long-term care facility, home for the aged and facilities associated with, and
designed specifically to serve, the senior citizens apartment building, nursing home,
long-term care facility, home for the aged, such as hospitals, clinics, recreation
centres, cafeterias and personal service establishments and may also include
independent senior's accommodation in separate structures/living units that share in
services, such as meals, medical care services, or recreation that are provided by the
facility.
Convenience Store
Means a building or part of a building used primarily for the sale of grocery and
confectionary items and incidentally for the sale of such other merchandise as is
required to fulfil the day-to-day needs of the surrounding community.
Corporation
Means the Corporation of the Township of Papineau-Cameron.
Council
Means the Council of the Corporation of the Township of Papineau-Cameron.
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Crisis Care Facility
Means a building or part of a building which is used to provide for the supervised
residency of persons requiring immediate emergency shelter and aid for a short to
interim period of time and without limiting the generality of the foregoing, includes a
facility for battered or abused adults and/or children or elderly persons.
3D
Day Nursery - Licensed
Means a place wherein the temporary care of children is provided in facilities and by
staff licensed by the Province of Ontario and operated in accordance with the
provisions of the Day Nurseries' Act.
Day Nursery - Private Home
Means a place wherein the temporary care of children is provided, which is operated
as an accessory use within a residential dwelling unit and is not required to be
licensed by the Province but shall comply with the applicable provisions of the Day
Nurseries' Act.
Deck
Means a structure abutting a dwelling or building with no roof or walls except for
visual partitions and railings which is constructed on piers or a foundation above-
grade for use as an outdoor living area.
Detached
When used in reference to a building, means a building which is not dependent on any
other building for structural support or enclosure.
Development
Means the creation of a new lot, a change in land use, or the construction of buildings
and structures requiring approval under the Planning Act and shall be taken to include
redevelopment, but does not include activities that create or maintain infrastructure
authorized under an environmental assessment process, works subject to the Drainage
Act, or underground or surface mining of minerals or advanced exploration on mining
lands (Provincial Policy Statement).
Dock, Floating
Means an accessory structure used for the mooring of marine vessels which is
designed to float freely on the surface of the water body and which may be secured to
the shoreline.
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Dock, Permanent
Means an accessory structure used for the mooring of marine vessels which is secured
to the shoreline and/or the bottom of the water body by concrete, metal or wood
pillars or such other foundation, the design of which facilitates the construction of a
more or less permanent structure.
Docks
Driveway
Means a vehicular access connected to only one public street or thoroughfare, which
provides ingress to and/or egress from a lot, but shall not include a lane as defined
herein.
Dwelling - Accessory
Means a dwelling which is incidental, subordinate and exclusively devoted to a main
use and is located on the same lot therewith.
Dwelling - Apartment
Means a building containing four (4) or more dwelling units.
Dwelling, Apartment-in-a-House (Granny Suite)
Means an ancillary dwelling unit in a single detached dwelling that may have an
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internal shared entrance or an independent entrance and does not exceed 49% of the
net floor area of the main floor of a single detached dwelling up to a maximum of 75
m2 [807.3 ft.2].
Dwelling - Converted
Means a dwelling altered to contain a greater number of dwelling units, with each
self-contained dwelling unit having a floor space of not less than 55m2 (592.0 sq. ft.).
This definition may include an apartment in a house.
Dwelling - Duplex
Means a building divided horizontally into two (2) dwelling units.
Dwelling, Mobile Home - See Mobile Home
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with
CAN/CSA-Z241 Series Park Model Trailer, as set out in the Building Code, and is
used or intended to be used as a seasonal recreational building of residential
occupancy.
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate
dwelling units by a common wall.
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit, and shall include a
modular home.
Dwelling Unit
Means a building occupied or capable of being occupied as the home or residence of
one or more persons, where food preparation and sanitary facilities are provided, but
shall not include a boarding house, hotel, motel, rental cottage or cabin or similar
commercial use of a private or semi-private institution. A recreational vehicle shall
not constitute a dwelling unit.
Dwelling Unit - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the
principal place of residence of the owner or occupier thereof. A seasonal dwelling
unit shall include a Park Model Trailer Dwelling.
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Dwelling - Triplex
Means a building or structure on a single foundation divided horizontally into three
separate single dwelling units, each of which has an independent entrance either
directly from the outside or through a common vestibule.
Examples of Dwelling Types
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3E
Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands
of another.
Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or horse
riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of
machinery, equipment, furniture and fixtures and other goods.
Equipment Sales, Service and Repair Establishment - Industrial
Means a building or part of a building where any industrial equipment or vehicle,
including commercial vehicles, and/or trailers may be sold, serviced, washed or
repaired and may include an auto body shop.
Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining,
structurally altering any existing building or structure by an addition, deletion,
enlargement or extension.
Established Grade
Means the average elevation of the finished level of the ground adjoining all of
the walls of the building exclusive of any artificial embankments or berms.
Existing
Means existing as of the date of the passing of this By-law.
3F
Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
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Farmer's Market
Means an establishment or premises where the farm products of a local farming
community are sold at retail from covered or uncovered areas designed for
individual retailers.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal,
brick or other similar materials or combinations of such materials which is erected
for the purpose of screening, safeguarding, retaining or enclosing property or
delineating property lines.
Fish Habitat
Means the spawning grounds and nursery, rearing, food supply, and migration
areas which fish depend directly or indirectly in order to carry out their life
processes.
Flea Market
Means a street market composed of a series of individual retailer's booths or tables
where sundry, new or secondhand articles, fresh produce or preserves are offered
for sale.
Floodline
Means a line established by a one in one hundred year storm which is determined
by the flood plain mapping of the appropriate Conservation Authority.
Flooding Hazards
Means the inundation of areas to a shoreline or a river or stream system and not
ordinarily covered by water and is described as the one hundred year flood or
major storm such as the Timmins Storm (1961) transposed over a specific
watershed.
Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or
may be subject to flooding hazards.
Flood Proofing
Means a combination of structural changes and/or adjustments incorporated into
the basic design and/or construction or alteration of individual buildings,
structures or properties subject to flooding so as to reduce or eliminate flood
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damages.
Floor Area - Gross
Means the total area of each floor measured between the exterior faces of the
exterior walls of the building and where there are no walls the total area of a floor
within the outer perimeter of the floor.
Floor Area - Net
Means usable or habitable space above or below grade, measured from the
exterior face of the exterior walls of the building or structure but shall not include:
(a)
Any private garage, porch, veranda, and unfinished basement, cellar or
attic;
(b)
Any part of the building or structure below grade which is used for
building services, storage or laundry facilities; and
(c)
Any part of the building or structure used for the storage or parking of
motor vehicles.
Forestry Use
Means the general raising, management and harvesting of wood and shall include
the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees, other
forestry products and silviculture practices.
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Fuel Depot
Means land, building or structures used for the bulk storage, distribution and sale
of gasoline, propane, heating oil or motor oil.
Funeral Parlour
Means a building or part of a building wherein undertaking services are offered
and may include subsidiary activities such as the sale of caskets and funeral
accessories provided such activities are clearly secondary and incidental to the
main undertaking service.
3G
Garage - Municipal
Means a building which is used for the storage or servicing or minor repairs of
equipment essential to the actual operation of motor vehicles owned and
maintained by the Township of Papineau-Cameron and any Ministry or
department of the Government of Ontario or Canada.
Garage - Private
Means an accessory building or portion of a main building including a carport
which is designed or used for parking or storage of motor vehicles of the
occupants of the premises and in which there are no facilities for repairing or
servicing of such vehicles for remuneration or commercial use.
Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment,
products and planting materials.
Garden Suite
Shall mean a one-unit detached residential building containing bathroom and
kitchen facilities that is accessory to an existing permanent residential structure
and that is designed to be portable, but does not include a recreational vehicle. A
mobile home or modular home may be installed and used as a garden suite.
Gasoline Bar
Means one or more pump islands, each consisting of one or more gasoline pumps,
and a shelter having a floor area of not more than 10 m2 (107.6 ft.2) which shall
not be used for the sale of any product other than liquids and small accessories
required for the operation of motor vehicles.
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Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel
fuel using pumps which are operated automatically by credit or debit cards.
Golf Course
Means a public or private area operated for the purpose of playing golf and
includes a par 3 golf course but does not include a miniature course and similar
use operated for commercial purposes.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered
with the Municipality, in which three (3) to ten (10) persons (excluding
supervisory or operating staff) live together under responsible supervision
consistent with the requirements of its residents for a group living arrangement
and which is licensed and/or approved under Provincial Statutes and in
compliance with municipal by-laws.
3H
Habitable Room
Means a room in a dwelling used or intended to be used primarily for human
occupancy.
Helipad
Means a landing area or pad used for the landing and take-off of helicopters as
further governed under the Canadian Aviation Regulation 325 under the
Aeronautics Act.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and
shall include all necessary and incidental structures, service facilities, fuelling
facilities, passenger and cargo facilities and as further set out under the Canadian
Aviation Regulation 325 under the Aeronautics Act.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore
or bank of a body of water, which action has been so common and usual and so
long continued that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation or
soil on the other side of the mark.
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Home Based Business
Means any privately operated legal occupation, enterprise or business subject to
Section 4.14A which is carried out as a use clearly accessory or secondary to the
main agricultural or residential use of a property and which is compatible with the
character of surrounding residential buildings or setting and is owned and
operated only by a person or persons residing on the property, provided that:
(a)
The use does not create nor become a public nuisance in particular in
regard to noise, traffic, parking or health safety;
(b)
The use does not occupy more than 50% of the gross floor area of the
residential dwelling unit or where located in an accessory building shall
not occupy more than 125 m2 [1,345 ft2];
(c)
There is no outdoor storage or display to indicate to persons outside that
any part of the property is being used for other than residential or
agricultural uses except for an unlit sign of not more than 2 m2 [21.5 ft2];
(d)
Such home industry is not an obnoxious trade, business or manufacture;
(e)
Not more than one person not living in the household may be employed
on-site in a permitted home based business while there shall be no limit on
the number of employees who work entirely off-site;
(f)
Retail sales are limited to products produced primarily fabricated on the
premises;
(g)
The business shall not receive clients or deliveries between the hours of
2300 and 0700; and
(h)
Up to two home-based businesses shall be permitted in a dwelling or
accessory building provided all the provisions of this By-law are met.
3I
Industrial Use
Means the use of land, building or structures for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating,
altering, repairing, warehousing, or storage or adapting for sale of any goods,
substances, article or thing, or any part thereof and the storage of building and
construction equipment and materials as distinguished from the buying and selling
of commodities and the supplying of personal services.
Class I Industry - Light Industrial Uses
Means a place of business for a small scale, self contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a
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package and has a low probability of fugitive emissions e.g. noise, odour, dust and
vibration. Such industries operate in the daytime only with infrequent movement
of products and /or heavy trucks and no outside storage. Examples include:
electronics manufacturing and repair, high technology industries, furniture repair
and refinishing, beverage bottling, package and crafting services, small scale
assembly, auto parts supply.
Class II Industry - Medium Industrial Uses
Means a place of business for medium scale process and manufacturing with
outdoor storage of wastes or materials (e.g. it has an open process) and where
there are periodic or occasional outputs of fugitive emissions e.g. noise, odour,
dust and/or vibration. Shift operations occur and there is frequent movement of
products and /or heavy trucks during daytime hours. Examples include dry
cleaning services, printing establishments, paint spray booths, welding shops,
courier and transport services, heavy vehicle repairs, bulk fuel storage, raw
product storage (e.g., aggregates, logs/lumber), warehousing, and contractor's
yard.
Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as
noise, smoke, odour, fumes or vibrations or extensive outside storage as part of
their normal operations. Such uses include sawmills, pulp and paper mills,
refineries, smelting operations and similar uses which are intended to be secluded
from residential or other sensitive land uses in order to limit and potential adverse
effects on the environment or the surrounding areas and public health.
Institutional Use
Means land, building, structure or part thereof used by any government agency,
organization, group or association, for the promotion of religious, charitable,
educational, medical, Public Medical Centres, benevolent objectives or public
service and which is not operated for profit or gain.
3K
Kennel
Means a building or structure where animals, birds or other livestock intended or
used as domestic household pets or for working or sporting purposes and are kept
or boarded.
3L
Landscaped Open Space
Means:
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(a)
A combination of trees, shrubs, flowers, grass or other horticultural
elements, together with decorative stonework, paving, screening or other
architectural elements, all of which is designed to enhance the visual
amenity of a property and/or to provide a screen to mitigate any
objectionable adjacent land use; and
(b)
Does not include parking areas, traffic aisles or driveways or ramps for
vehicles.
Laundromat
Means a building or structure where coin-operated laundry machines, using only
water, detergents and additives, are made available to the public for the purpose of
laundry cleaning.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act
and which is equipped for the preparation, storage, heating, cooking, cooling or
sale of foodstuffs and beverages within or from the vehicle and may include
exterior seating (e.g. picnic tables).
Livestock Facility
Means one or more barns or permanent structures with livestock occupied
portions intended for keeping of livestock. A livestock facility also includes all
manure or material storage and anaerobic digesters.
Livestock Sales Outlet
Means a building or structure where livestock such as cattle, goats, sheep, horses
or the young thereof are bought and sold.
Loading Space
Means a space or bay located on a lot or within a building which is used or
intended to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise, or materials in connection with the use
of the lot or any building thereon, and which has unobstructed access not
necessarily in a straight line to a street.
Log Hauling Operation
Means an area of land and/or building of a logging contractor where equipment
and materials are stored and may include repairs to logging equipment belonging
to the logging operator or contractor.
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Lot
Means a parcel of land which is capable of being legally conveyed in accordance
with Section 49 of the Planning Act, R.S.O. 1990 (see illustrations).
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the
lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection
of two parts of the same street which have an interior angle or intersection of not
more than one hundred and thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines
shall be deemed to be the angle formed by the intersection of the tangents to the
street lines, drawn through the extremities of the side lot lines. In the latter case,
the corner of the lot shall be deemed to be that point on the street line nearest to
the point of intersection of the said tangents.
Lot Coverage
Means the combined areas of all the buildings on the Lot measured at the level of
the lowest floor above grade in relationship to the area of the Lot and expressed as
a percentage.
Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and
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rear lot lines are not parallel, "lot depth" means the length of a straight line joining
the middle of the front lot line with the middle of the rear lot line. If there is no
rear lot line, "lot depth" means the length of a straight line joining the middle of
the front lot line with the apex of the triangle formed by the side lot lines.
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot
lines are not parallel, it shall be the width of a lot measured between the
intersections of the side lot lines with a line 7.5 m [24.6 ft] back from and parallel
or concentric to the front lot line. Arc distances shall apply on curved lines.
Lot Interior
Means a lot other than a corner or a through lot which has frontage on a public
street.
Lot Line
Means a boundary line of a lot.
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot
from a street.
Lot Line, Front
Means:
(a)
In the case of an interior lot, the line dividing the lot from the street line;
(b)
In the case of a corner lot, the shorter lot line abutting a street shall be
deemed to be the front lot line;
(c)
In the case of a corner lot with two street lines of equal lengths, the lot line
that abuts the wider street, or abuts a Provincial highway shall be deemed
to be in the front line, and in the case of both streets being under the same
jurisdiction and of the same width, the lot line where the principal access
to the lot is provided shall be deemed to be the front lot line;
(d)
In the case of a lot with water access only, the front lot line shall be on the
water side. In the case of a through waterfront lot with water access only,
the longest shoreline shall be deemed to be the front lot line; and
(e)
In case of a lot with frontage on a public street or private road and on a
water body, the front lot line shall be measured both on the street line and
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on the water side.
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line.
Lot Line, Side Interior
Means a lot line other than a front, rear or side exterior lot line.
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets.
Lot, Width
Means the average horizontal dimension between the two longest opposite sides.
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Examples of Lot Definitions
Examples of Lot Definitions
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Lumber Yard
Means a lot and accessory buildings where the primary use is the storage of
construction grade wood and building supplies for sale at retail or wholesale.
3M
Main Building
Means the building designed or used for the principal use on the lot.
Main Wall
Means any exterior wall of a building and all structural members essential to the
support of a fully enclosed space of roof exclusive of permitted projections.
Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock
facility containing liquid manure (< 18% dry matter), solid manure (≥ 18% dry
matter), or digestate (< 18% dry matter). Permanent storages may include any of:
locations (under, within, nearby, or remote from a barn), materials (e.g., concrete,
earthen, steel, wood), coverings (open top, roof tarp, or other materials),
configurations and shapes or elevations (above, below or partially above grade).
Marina
Means a lot, building, structure on a waterfront with or without docking facilities
where boats and boat accessories are berthed, constructed, stored, serviced,
repaired or kept for sale or rent and where the facilities for the sale of marine
fuels, lubricants, bait as well as the sale of foods, provisions or supplies as an
accessory may be provided. Sewage pump-out facilities for pleasure craft are
permitted.
Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or
store a boat. This definition may include a boat launching ramp, a boat lift, marine
railway, a float hangar, dock or boathouse, but does not include any building used
for human habitation or a marina. A marine facility shall also include a water
intake facility and any flood or erosion control structure.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related
disturbance of the ground that has not been rehabilitated.
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Mineral Deposits
Means an unusually large or rich concentration of valuable minerals identified
within a small part of the Earth's crust.
Mini Warehouse and Public Storage
Means a commercial building or part of a building wherein general merchandise,
vehicles, furniture and household goods are all stored in separate, secured storage
areas or lockers which are generally accessible by means of individual loading
doors.
Minimum Distance Separation Formulae I and II
Shall mean the "Minimum Distance Separation I and II" of the Ontario Ministry
of The Environment and the Ontario Ministry of Agriculture, Food and Rural
Affairs (March 1998 and any subsequent amendments thereto).
Mobile Home
Means any dwelling unit that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons, but does
not include a travel trailer or tent trailer or trailer otherwise designed.
Mobile Home Park
Means land which has been provided and designed for the location thereon of two
(2) or more occupied mobile homes.
Modular Home
Means a single detached dwelling consisting of two or more modules which has
been prefabricated or manufactured in a factory remote from the site where it is
intended to be used and transported to the site for installation on a permanent
foundation, but does not include a mobile home but does not include a Mobile
Home, Recreational Vehicle or a Park Model Trailer as otherwise defined.
Motel
Means a building or buildings designed or used for the accommodation of the
travelling or vacationing public, containing therein three (3) or more guest rooms,
each guest room having a separate entrance directly from outside and may include
an accessory eating establishment.
Municipality
Means the Municipality of the Township of Papineau-Cameron.
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3N
Natural Heritage Features
Means features and areas, such as significant wetlands, fish habitat, significant
portions of the habitat of endangered and threatened species, significant wildlife
habitat and significant areas of natural and scientific interest, which are important
for their environmental and social values as a legacy of the natural landscapes of
an area.
Negative Impacts
Means:
(a)
In regard to fish habitat, the harmful alteration, disruption or destruction of
fish habitat, except where it has been authorized under the Fisheries Act,
using the guiding principle of no net loss of productive capacity; and
(b)
In regard to other natural heritage features and areas, the loss of the natural
features or ecological functions for which an area is identified.
Non-Complying
Means any existing use, building, structure or lot which does not conform with the
zone requirements and standards of this By-law (see also Non-Conforming).
Non-Conforming
Means any existing use, building, structure or lot which does not conform with the
permitted use provisions of any Zone in this By-law (see also Non-Complying).
Nursery
Means land and structures used for the growing of sod, flowers, bushes, trees, or
other gardening, landscaping, or orchard stock for wholesale or retail sale.
Nutrient Unit
Means an amount of nutrients that give a fertilizer replacement value of the lower
of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined
in Ontario Regulation 267/03 made under the Nutrient Management Act) and
correlates to the number of types of livestock for a given nutrient unit.
3O
Obnoxious Uses
Means any use which is a nuisance to the occupant or owner of any neighbouring
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lands or buildings by reason of the emission from the neighbouring land or
building or any part thereof, or the creation thereon, of odours, gases, dirt,
radiation, smoke, noise, vibration, fumes, cinders, soot, waste or water carried
waste, or depositing or leaving unsightly objects or chattels thereon.
Occupancy Permit
Means a permit issued under the authority of the Planning Act by the Chief
Building Official which indicates that the proposed use of land or any building or
structure on any such land is in conformity with this By-law.
Official Plan
Means the Official Plan of the East Nipissing Planning Area or parts thereof and
amendments thereto.
Office
Means a building, structure or part thereof used for the purpose of providing
accommodation for the performance and transaction of business including
administrative, clerical and professional activities.
Open Space
Means the open, unobstructed space on a lot including landscaped areas,
pedestrian walkways, patios, pools or similar areas but not including any
driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas
and similar areas.
Open Storage
Means storage or display of goods, merchandise or equipment outside of a
building or structure on a lot or portion thereof. This definition shall not include
the open storage of goods or equipment incidental to a residential occupancy of a
lot, a parking area or parking space.
3P
Park
Means an area of land, whether enclosed or not, maintained by the Municipality or
other public authority for the enjoyment, health and well-being of people and open
to the public with or without charge and, for the purposes of this definition,
includes a Provincial Park with tourist campground facilities.
Park - Private (see Recreational Commercial Establishment)
Park Model Trailer (see Dwelling - Park Model Trailer)
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Parking Aisle
Means a portion of a private parking area, or a commercial parking lot, or a
private or a commercial parking structure which abuts a parking space on one or
more sides and which provides access from the parking space to a street or lane
and which is not used for vehicular parking.
Parking Area
Means a lot or portion thereof required in accordance with the provisions of this
By-law for the temporary storage or parking of motor vehicles accessory or
incidental to uses in all zones, and shall not include the storage or parking of four
(4) or more motor vehicles for hire and gain, display or for sale.
Parking Lot - Commercial
Means a lot or portion thereof used for the temporary storage or parking of four
(4) or more vehicles for hire and gain but does not include the sale of new or used
vehicles or the storing of impounded or wrecked vehicles.
Parking Space
Means an area used for the temporary parking of one motor vehicle.
Person
Shall include an individual, an association, a chartered organization, a firm, a
partnership, a corporation, an agent or trustee and the heirs, executors or other
legal representatives of a person to whom the context can apply according to law.
Personal Service Establishment
Means an establishment wherein a personal service is performed. This definition
may include a barber shop, beauty salon, shoe repair, photographic store,
Laundromat or a dry cleaning distribution station or a similar use.
Pit or Quarry
Means land or land under water from which aggregate as defined herein is being
or has been excavated in order to supply material for construction, manufacturing
or industrial purposes, but shall not include rehabilitated land or an excavation
incidental to the erection of a building or a structure for which a building permit
has been granted by the Corporation, or an excavation incidental to the
construction of any public works.
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Place of Amusement
Means an establishment operated for commercial gain or profit wherein
amusement facilities are provided such as a video arcade or penny arcade, billiard
or pool room, pinball machines and video games but shall not include a drive-in
theatre.
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation
of arts and craft shows, trade fairs, fashion show, public meetings, banquets,
conference meetings and similar activities.
Place of Worship
Means a building or an open area dedicated to religious worship.
Planning Board
Means the East Nipissing Planning Board.
Playground
Means a park or part thereof which is equipped with active recreational facilities
oriented to children.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material and
includes stockpiling and storage of bulk materials used in the process, which is
not of permanent construction but is designed to be dismantled and moved to
another location as required. Portable asphalt plants must comply with the
Ministry of the Environment's separation distances and must obtain a certificate
of approval from the Ministry of the Environment.
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the
method, and publishing of newspapers, periodicals, books, maps and similar
publications and also includes the sale and servicing of printing and duplicating
equipment.
Private Club
Means a building or part of a building used as a meeting place by an association
of persons who are bona fide members, which owns, hires or leases the building
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or part thereof, the use of such premises being restricted to members and their
guests for social, cultural, recreational, business or athletic purposes.
Private Road
Means a private right-of-way over private property which affords access to at least
two (2) abutting lots and which is not maintained by a Public Authority.
Public Access Point
Means public land designated by the appropriate authority and developed and
maintained by the authority as a public access to a navigable water body.
Public Authority
Means the Township of Papineau-Cameron and any Boards or Commissions
thereof and any Ministry or Department of the Governments of Ontario or
Canada, or other similarly recognized public utility or agencies established or
exercising any power or authority under any special or general statute and
includes any committee or local authority established by By-law of Council.
Public Street
Means a public or common highway affording principal means of access to
abutting properties which has been assumed by a public authority.
Public Service Use
Means a building, structure or lot used for public services by the Township of
Papineau-Cameron and any Boards or Commissions thereof, and any Ministry or
Commission of the Governments of Ontario and Canada, any telephone, telegraph
or railway company, any company supplying natural gas, Ontario Hydro, any
Conservation Authority, Public Utilities Company or similarly recognized
agencies.
Public Utility
Means a water works or water supply system sewage works, electrical power or
energy generating transmission or distribution system, street lighting system,
natural or artificial gas works or supply system, a transportation system or a
telephone system, scientific research system, and includes any lands, buildings or
equipment required for the administration or operation of any such system.
3R
Recreational Commercial Establishment
Means an establishment, premises, or building where any recreational, social or
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cultural uses are operated commercially for profit on lands in private ownership,
such as health clubs, golf courses, open or enclosed skating or curling rinks, open
or enclosed pools, open or enclosed badminton or tennis courts, squash courts,
bowling alleys, gymnasia, band shell or open theatre, and other similar uses.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a
motor vehicle for the purpose of being drawn or is self-propelled, and is capable
of being used on a short term basis for living, sleeping or eating accommodation
of persons. The term recreational vehicle includes the following: motor homes,
travel trailers, tent trailers, campers, motor homes but does not include
recreational equipment such as boats, snowmobiles, personal water craft, all
terrain vehicles or other equipment used for recreational purposes.
Recreational Vehicle Sales and Storage and Repair
Means a building and/or lot which is used for the repair, display, storage and/or
sale of boats, trailers, campers, snowmobiles and other recreational vehicles.
Redevelopment
Means the removal or rehabilitation of buildings or structures and the
construction, reconstruction or erection of other buildings or structures in their
place.
Registered Plan
Means a plan legally registered as per the Registry Act or the Land Titles Act.
Restaurant
Means a building or structure where food is prepared and offered for sale to the
public for consumption within or outside the building or structure.
Restaurant, Take-Out
Means a building or structure where food is prepared and offered for sale to the
public to be taken out and/or delivered for consumption off the premises.
Retail Store
Means a building wherein goods, wares, merchandise, substances or articles are
offered for sale to the general public, and may include the limited storage of
goods, wares, merchandise, substances or articles, and shall not include any other
use defined herein.
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Road (See Public Street)
3S
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares,
merchandise, articles, motor vehicles, machinery or parts thereof are processed or
sold for further use, dismantled or abandoned. This definition may include a junk
yard, a scrap metal yard, a recycling depot and an automobile wrecking yard on
the premises.
Sauna
Means an accessory building or structure wherein facilities are provided for the
purpose of a steam bath and may include a change room and shower and may be
constructed as part of a boat house.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished
lumber or as an intermediary step.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal
activities occurring at reasonably expected times would experience 1 or more
adverse effect(s) from contaminant discharges generated by the nearby facility.
The sensitive land use may be a part of the natural or built environment.
School
Shall mean a public educational establishment operated by a Board of Education.
School, Private
Means an educational establishment, other than a School, wherein teaching or
instruction is offered for gain in such fields as academics, dancing, music, art,
sports, business or trade, and any other such specialized school conducted for
gain, and also includes such fields as a studio for photography and arts and crafts.
Seating Capacity
Means the number of persons which can be accommodated in a building or
structure or part thereof in a seated position on chairs, benches, forms or pews.
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Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal
activities occurring at reasonably expected times would experience 1 or more
adverse effect(s) from contaminant discharges generated by the nearby facility.
The sensitive land use may be a part of the natural or built environment.
Service Outlet
Shall mean a building whether in conjunction with a retail store or not, used for
the repair or servicing of goods, commodities, articles or materials, but not the
manufacturing thereof. Automotive repairs and services are not permitted under
this definition.
Setback
Shall mean:
(a)
With reference to a road or street, the least horizontal distance between the
front lot line and the nearest building line; and
(b)
With reference to a water body, the least horizontal distance between the
high water mark of the water body and the nearest building line.
Sewage and Water Systems
a)
Full Municipal Sewage and Water Services:
Means piped sewage and water services that are connected to a centralized
water and waste water treatment facility.
b)
Communal Services
Means sewage works and sewage systems and water works that provide
for the distribution, collection or treatment of sewage or water but which:
i)
Are not connected to full municipal sewage and water services;
ii)
Are for the common use of more than five residential units/lots;
iii)
Are owned, operated, and managed by a municipality or, another
public body, or a condominium corporation or single owner which
has entered into an agreement with the municipality or public body,
pursuant to Section 51 of the Planning Act, providing for
municipal/public body assumption of the communal services in the
event of default by the owner.
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c)
Individual On-Site Systems
Means individual autonomous water supply and sewage disposal systems
that are owned, operated and managed by the owner of the property upon
which the system is located and which do not serve more than five
residential units/lots.
d)
Partial Services
Means connection to one communal service or full municipal service
where the other connection will be to an individual on-site system.
Shooting Range or Rifle Club
Means land buildings, structures or premises used for recreational target practice,
skeet shooting, gun or hunter safety instruction, and is operated by a club or
organization.
Shoreline
Means those lands extending from the average annual water level which have
potential and direct significant impact on near shore waters and the shore
ecosystem through run-off, and where land use activity is primarily water
oriented.
Sight Triangle
Means a triangular space,
free
of
buildings,
structures
and
obstructions, formed by
the street lines abutting a
corner lot and a third line
drawn from a point on a
street line to another point
on a street line, each such
point being the required
sight distance from the
point of intersection of
the
street
lines
as
specified in this by-law
(see illustration).
Sign
Shall mean any writing, letter work or numeral, any pictorial representation,
illustration, drawing, image or decoration, any emblem, logo, symbol or
5 m
5 m
5 m
5 m
5 m
5 m
5 m
5 m
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trademark or any device with similar characteristics which:
(a)
Is a structure, or part of a structure, or which is attached thereto or
mounted thereon; and
(b)
Which is used to advertise, inform, announce, claim, give publicity or
attract attention.
Sleep Cabin
Means an accessory building or structure, not exceeding 37 m2 [400 ft2] in gross
floor area, located on the same lot as the principal building or structure, the
accessory use being for sleeping accommodation in which cooking facilities shall
not be provided but may contain sanitary facilities.
Storey
Means that portion of a building other than a cellar or basement included between
the surface of any floor and the surface of the floor, roof deck, ceiling or roof
immediately above it.
Street Allowance
Shall have a corresponding meaning to that of Public Street or Private Road.
Street Line
Means the limit of the road or street allowance and is the dividing line between a
lot and a Public Street or Private Road.
Structure
Means anything constructed or erected, the use of which requires location on the
ground or attached to something having location on the ground and, without
limiting the generality of the foregoing, includes a trailer but does not include a
fence.
Studio
Means a building or part thereof used,
(a)
As the workplace of a photographer, artist, or artisan; or
(b)
For the instruction of art, music, languages or similar disciplines.
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Swimming Pool
Means an open or covered pool which is at least 50 cm [19.6 inches] in depth, and
may include a hot tub or whirlpool.
3T
Tavern or Roadhouse
Shall mean a "tavern" as defined by the Liquor License Act.
Tourist Establishment
Means premises or buildings to be used for the purpose of sleeping
accommodation on a temporary basis by tourists or vacationers, including a motel,
lodge or bed and breakfast, and rental cottage or cabin where more than 3 such
rental units occupy the same property, including accessory uses such as dining,
meeting and beverage rooms and similar uses.
Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may
or may not furnish overnight accommodation and facilities for serving meals and
furnishes equipment, supplies or services to persons in connection with angling,
hunting, camping or other similar recreational purposes.
Township
Means the Corporation of the Township of Papineau-Cameron.
Trailer (see Recreational Vehicle)
Transportation Depot
Means land, or a structure or a building where commercial vehicles are kept for
hire, rental and/or lease, or stored and/or parked for remuneration and/or from
which such vehicles are dispatched for hire as common carriers and where such
land, structure or building may be used for the storage and/or distribution of
goods, wares, and merchandise.
Transfer Station
Means land, buildings or parts of buildings used for the temporary storage, and
subsequent dispersal of garbage, refuse, domestic or industrial waste, exclusive of
liquid industrial waste or hazardous waste.
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3U
Use
Means the purpose for which a lot or a building or a structure is designed,
arranged, occupied or maintained.
3V
Veterinary Establishment
Means a building or part of a building used by a veterinary surgeon where
animals, birds or other livestock are treated and where domestic animals and/or
birds may be kept for treatment and may include a kennel.
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of
video tapes and may include the rental of video cassette recorders, video cameras
and video games.
3W
Warehouse
Means a building or structure or portion thereof used or intended to be used for
the bulk storage of goods, merchandise, or material.
Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment
and/or its agents where garbage, refuse, domestic or industrial waste, excluding
radioactive or toxic chemical wastes is disposed of or dumped. This definition
shall include waste transfer stations and recycling depots.
Water Frontage
Means a lot which has one or more lot lines abutting a navigable watercourse, bay
or lake.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage
or irrigation channel.
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open
excavation for use in a public undertaking.
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Wayside Quarry
Means a place from which consolidated aggregate is removed by means of open
excavation for use in a public undertaking.
Welding Shop
Shall mean a building or structure or part thereof where metal products are joined,
repaired or shaped by welding but no mass productions shall be involved.
Wetland
Means lands that are seasonally or permanently covered by shallow water, as well
as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic or water tolerant plants. The four
major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or
"wet", or which no longer exhibit wetland characteristics are not considered to be
wetlands for the purposes of this definition.
Wildlife Habitat
Means areas where plants, animals and other organisms live, and find adequate
amounts of food, water shelter and space needed to sustain their populations.
Specific wildlife habitats of concern may include areas where species concentrate
at a vulnerable point in their annual life cycle; and areas which are important to
migratory or non-migratory species.
Wind Farm
Means a collection of wind turbines all in the same geographical location which
are used in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into
mechanical energy or electrical energy.
Wind Turbine, Commercial
Means a wind turbine where the mechanical or electrical energy is sold
commercially for gain or profit.
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Workshop or Custom Workshop
Means a building, structure or part thereof where manufacturing is performed by a
tradesman, requiring manual or mechanical skills and may include a carpenter's
shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial
welder's shop or similar uses.
3Y
Yard
Means the area between a main wall of a building and a lot line that, except for
landscaping or accessory buildings and projections specifically permitted
elsewhere in this by-law, is unobstructed above grade. (See illustration)
Yard, Front
Means a yard extending across the full width of the lot between the front lot line
and a line drawn parallel or concentric thereto and through the point of the main
wall of a main building closest to the front lot line.
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line
and a line drawn parallel or concentric thereto and through the point of the main
wall of the main building closest to the rear lot line. Where there is no rear lot
line, the Yard, Rear shall be measured from the intersection of the side lot lines to
the closest point of the main wall of the main building.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot
line and a line drawn parallel or concentric thereto and through the point of the
main wall of a building closest to the side lot line.
Yard, Side Exterior
Means a side yard adjacent to a public street (see illustration).
Yard, Side - Interior
Means a side yard other than an exterior side yard (see illustration).
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Illustration of Yard Descriptions
3Z
Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone
Regulations" and includes anything which is applicable to the zone or use.
Zoning Administrator
Means the officer, employee or such other person as may from time-to-time be
designated by Council, charged with the duty of enforcing the provisions of this
By-law.
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Section 4 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations which apply
regardless of the specific zoning (Section 5). Whereas the zones provide site
specific controls corresponding to such items as permitted uses and locational
restrictions, the General Provisions provide regulations more general in nature,
applying to a variety of uses regardless of zoning.
4.1
Accessory Buildings, Structures and Uses
4.1.1
Where a lot is devoted to a permitted use, customary accessory uses, buildings
and structures are authorized provided that (see illustration):
(a)
All accessory uses, buildings and structures to a permitted principal use
shall be located on the same lot and in the same zone as the principal use.
No accessory building shall be erected prior to the erection of the main
building on the same lot, except where it is necessary for the storage of the
tools, and materials for the use in connection with the construction of the
main building or structure, and no such accessory building shall, prior to
the erection of the main building, be used for any purpose other than
storage and shall not be used for habitation unless otherwise permitted by
this By-law.
(b)
The use of any accessory building for human habitation is not permitted
except where specifically listed as a permitted use;
(c)
No accessory use shall be erected closer to the front line or the exterior
side lot line than the minimum front yard and external side yard setbacks
required for the main building;
This provision shall be exempted:
i)
For lots with water frontage;
ii)
For a partially enclosed shelter for use by children waiting for a
school bus, if such use is located in a rural zone and provided the
front yard setback for the shelter is 3 m [9.84 ft];
iii)
For any farm produce outlet having a gross floor area of less than
9.5 m2 [102.2 ft2], if such use is located in a rural zone;
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iv)
For a lot in a rural zone to the extent that accessory uses, buildings
and structures may be located in the front yard provided that the
minimum front yard depth for the main building shall be double
the front yard depth otherwise required for the zone, provided that
the accessory uses, buildings or structures shall be in compliance
with the front yard, interior and exterior side yard requirements for
the main buildings or structures in the zone and provided that all
other relevant provisions of this By-law are complied with;
v)
For open or outdoor storage, where permitted in this By-law;
vi)
For a temporary car shelter; and
vii)
For a gate house used for security for a gated residential complex,
or a permitted non-residential use provided the front yard setback
for the gate-house is 3 m [9.84 ft].
(d)
Except where specified otherwise, no accessory building shall be erected
closer than 2 m [6.56 ft] to any interior side lot line, rear lot line or the
main building;
(e)
Accessory uses, excluding open swimming pools, shall not cover more
than 5 % of the lot area in any zone. This shall be calculated as part of the
maximum lot coverage permitted in any zone; and
(f)
Despite Section 4.1.1 (c) and (d) above, a boat house, dock or wharf may
be located in the front yard, side yard or rear yard where a lot abuts a
navigable waterway, provided that the approval of any governmental
authority having jurisdiction has been obtained and provided that the boat
house, dock or wharf is located not closer than 3.0 m [9.8 ft] to the nearest
adjacent lot line and does not encroach on adjacent frontage when the lot
boundaries are extended into the water (see illustration).
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Example of Accessory Use
Boathouse Setback
4.1.2
Private swimming pools, both above-ground and in-ground both open and
covered, shall be permitted subject to any By-law of the Township regarding
swimming pools and the following requirements:
(a)
Open Pools
i)
Open Pool areas shall be totally enclosed by a fence constructed of
suitable materials, having a minimum height of 1.21 m [4 ft] with a
self-locking gate;
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ii)
Where a pool is an above-ground pool, any combination of the pool
wall, surrounding fence or structure totalling a minimum of 1.21 m
[4 ft] in height shall be deemed to meet the fencing requirements;
iii)
The maximum height of an above-ground pool shall not be more
than 2 m [6.56 ft] above grade;
iv)
Any building or structure, other than a dwelling, required for
changing clothing or pumping, filtering or storage or any similar
purposes shall comply with the provisions respecting accessory
uses and structures; and
v)
No part of an Open Pool including an associated apron or platform
which is in a front or side yard shall be constructed closer to a
street line than the requirements for a main building in the zone
within which it is located nor closer to the lot line in a rear yard
than the minimum distance required for an accessory use or
structure.
(b)
Covered Pools
Covered pools shall conform with the accessory building requirements
contained in Section 4.1.1.; and
(c)
Pools in the Flood Plain
The establishment of any swimming pool in an identified flood plain area
shall be subject to the approval of the Conservation Authority.
4.1.3
Bed and Breakfast Establishment
A bed and breakfast establishment shall be permitted in any residential zone in a
single detached dwelling subject to the following requirements:
(a)
That the use of the dwelling does not change the residential character of
the dwelling;
(b)
That the requirements for the provision of off-street parking spaces can
be met;
(c)
That the requirements of the local Health Unit, where applicable, can be
met;
(d)
That one sign only shall be permitted provided the sign area does not
exceed 1.2 m2 [12.9 ft2], does not flash or oscillate, does not exceed a
height of 1.5 m [4.92 ft] if a free standing sign, shall not obstruct any
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sight triangle, and has a minimum setback from any lot line of 1 m [3.28
ft]; and
(e)
That the bed and breakfast shall not be combined with any other
residential use except a single detached dwelling in which it is located.
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment
Despite any other provisions contained in this By-law, for all zones within which
an automobile service station, gasoline bar, and/or car washing establishment is
permitted the following shall apply:
(a)
Gasoline Pump Island Location
The minimum distance between the gasoline pump island, pumps and their
related overhead canopies and any pump shall be 5.0 m [16.4 ft] from any
lot and street line.
(b)
Separation of Propane Tanks
No person shall erect or use a tank for the storage of propane for sale at an
automobile service station or gas bar or on any other property where
vehicle fuel may be dispensed unless a license has been obtained from the
Ministry of Consumer and Commercial Relations and the location is in
compliance with the requirements under the Ontario Propane Code.
(c)
The width of any entrance or exit combined entrance or exit measured at
the front lot line or exterior side lot line shall not be greater than 9 m [29.5
ft]and there shall not be more than 2 accesses from any one street which
adjoins the lot.
(d)
The minimum distance of any access from a street intersection shall be
12 m [39.4 ft] and the minimum distance between accesses shall be 9 m
[29.5 ft].
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall
be moved from outside the Township into the Township unless the building or
structure is a permitted use and satisfies all the requirements of the zone in which
it is to be located and then only after a permit has been obtained from the Chief
Building Official.
4.4
Camp
A permitted camp may be located on any lot of record provided such building is
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set back a minimum of 500 m [1,640.4 ft] from any existing residential dwelling
unit. No minimum lot area or frontage requirements shall apply to a permitted
camp.
4.5
Change of Use
A use of lot, building or structure which, under the provisions hereof is not
permissible within the zone in which such lot, building or structure is located,
shall not be changed except to a use which is permissible within such zone.
4.6
Cumulative Standards
Despite anything contained in this By-law, where any land, building or structure is
used for more than one purpose, all provisions of this By-law relating to each use
shall be complied with, but no dwelling shall be located within 3.0 m [9.8 ft] of
any other building on the lot except a building accessory to such dwelling.
4.7
Day Nurseries
Private home day nurseries are permitted in all zones where residential uses are
permitted as a principal use. Such day nurseries shall comply with the provisions
of the Day Nurseries Act.
4.8
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the standards of that zone for a specific
area governed by the By-law. All other provisions of the By-law shall continue to
apply.
A number after the "-X" (e.g., R-X1) indicates the order of the various exception
zones.
4.9
Farm Use
Nothing contained in this By-law shall prevent the continued use of any land,
building or structure for farming or agricultural purposes as defined, or any
extension or addition of such use provided that any additions or extensions of such
use shall comply with the requirements of the Minimum Distance Formulae I and
II of this By-law and the applicable requirements of the Rural (R) Zone.
4.10
Fences
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-Law as may from time-to-time be enacted under the
Municipal Act or the provisions of the Line Fences Act.
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4.11
Flood Plain, Fill and Construction Requirements
The following provisions shall apply to areas located below any engineered or
photo interpreted flood line as determined by the Conservation Authority or the
agency having jurisdiction.
4.11.1
No person shall use any land or erect, alter or use any building or structure in the
Flood Plain except in accordance with the following provisions:
4.11.2
Permitted Uses
(a)
Buildings or Structures Intended for Flood or Erosion Control or Slope
Stabilization;
(b)
All Buildings and Structures in Existence on the Day of the Passing of this
By-law;
(c)
Conservation Uses;
(d)
Forestry Uses;
(e)
Parks without Buildings or Structures;
(f)
Hydro-electric generating facilities subject to Section 4.11.3; and
(g)
Marine Facilities
4.11.3
Prohibited Uses
(a)
An institutional use;
(b)
Any essential emergency service such as those provided by fire, police and
ambulance stations and electrical substations which would be impaired
during an emergency as a result of flooding, the failure of flood proofing
measures and/or protection works and/or erosion; and
(c)
Any building, structure or use which involves the disposal, manufacture,
treatment or storage of hazardous substances defined as materials that are
ignitable, corrosive, reactive, radioactive or pathological and would
normally pose a danger to public health, safety and the environment.
4.11.4
Additional Provisions
(a)
Any new building or structure or any expansion of or addition to any
buildings or structures permitted in the Flood Plain after the day of the
passing of this By-law must incorporate appropriate engineered
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construction techniques which reduce or eliminate the risks of flood
damage or damage from unstable slopes. The specific approval of the
Conservation Authority must be obtained prior to the issuance of a
building permit; and
(b)
Modification of the flood plain through the placing or dumping of fill,
excavation, changing the channel of any water body or diverting a water
course within the prescribed limits of the fill lines is prohibited unless
otherwise permitted by the Conservation Authority.
NOTE: See Minimum Distance Separation (Special Setbacks), Section 4.19 for
setback requirements from water bodies.
4.12
Frontage on a Public Street or Private Road
4.12.1
No person shall erect any building or structure in any zone unless the lot upon
which such building or structure is to be erected has sufficient frontage on a
public street or private road as per the requirements of the respective zone within
which the lot is situated except:
(a)
For any permitted use on an island provided a public access point is
available on the main land;
(b)
Infill on a private road existing on the day of the passing of this by-law;
(c)
A camp;
(d)
A resource related use on Crown Land;
(e)
A communications facility;
(f)
A public utility;
(g)
A wayside pit or quarry; and
(h)
Any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities.
4.12.2
Exception for Existing Agreements
(a)
Despite Section 4.12.1, where a maintenance agreement exists between
the municipality and a land owner and is registered on title, frontage on
an unopened or unmaintained public right-of-way shall be deemed to
conform to the provisions of this section, provided that such frontage is
in conformity with the standards set out in the corresponding zone or any
exception thereto; and
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(b)
Despite Section 4.12.1, where an access agreement registered on title
between or amongst landowners that provides for a right-of-way to an
existing lot which is developed for a single detached dwelling or seasonal
dwelling as of the date of the passing of this By-Law, such uses shall be
deemed to conform with the provisions for access of this By-Law.
4.12.3
Ministry of Transportation Access Requirements
In addition to all the requirements of the Corporation, all development adjacent to
any Provincial Highway is also subject to the requirements and permits of the
Ministry of Transportation.
4.13
Garden Suites
Subject to the, the passing of Site Specific Temporary Use By-law under Section
39 of the Planning Act, a Garden Suite shall be permitted as a separate dwelling
unit to a permitted main residential use provided that Individual On-Site Systems
have the capacity to service the additional dwelling unit, that the maximum net
floor area is 49% of the net floor area of the main floor of the main residential
building up to a maximum of 75 m2 [807 ft2], that the maximum height of the
Garden Suite is 6 m [19.7 ft] or the average height of the main buildings on the
subject and abutting lots, whichever is the lesser, that the Garden Suite is located
in a rear or interior side yard and meets the minimum yard and lot coverage
requirements set out in the corresponding zone and is set back a minimum of 3 m
[9.8 ft] from any rear or side lot line.
4.14
Group Homes
Group Homes shall be permitted in all zones that allow residential uses, except the
Limited Service Rural Zone, provided that they are licensed by the Province.
14.4A
Helipad, Heliport
Where a Helipad or Heliport is permitted in this By-law, the following provisions
shall apply:
(a)
The setback between the edge of the helipad and the main wall or receptor
of a sensitive land use shall be determined by a noise and vibration study
undertaken by a professional competent in undertaking such studies.
Reference shall be made to Ministry of the Environment Guideline "Noise
Assessment Criteria in Land Use Planning LU-131";
(b)
The setback between the edge of the helipad and any non-residential use
not classified as a sensitive land use shall be 200 m [656.2 ft.]; and
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(c)
The classification, design, construction and operation of a Heliport shall
comply with Standard 325, Heliports, Part III, Canadian Aviation
Regulations issued under the Aeronautics Act, administered by Transport
Canada.
4.14B
Home Based Businesses
The following uses shall be considered Home Based Businesses:
(a)
Professional and consulting services (e.g., architect, engineer, financial
advisor, accountant, insurance agency, consultant, legal services,
physician, teleworking, surveyor);
(b)
Instructional services (e.g., music lessons, dance, art, and academic
tutoring);
(c)
Home craft businesses (e.g., quilting, pottery, jewelry, visual arts, small
scale assembly);
(d)
Private daycare;
(e)
Distribution sales offices or mail order sales (e.g., cosmetics, clothing or
small household supplies);
(f)
Offices for contractors and trades (e.g., plumbing, heating, electrician);
(g)
Repair services (e.g., small appliance, computers);
(h)
High technology uses (e.g., internet services, office call centre services,
desktop publishing, hardware and software development);
(i)
Personal care services shall be limited to providing service to a single
client or patron at a time (e.g., hairdressing/cutting, massage therapist,
aesthetician);
(j)
A farm produce outlet;
(k)
Workshop (e.g., workshops for woodworkers, welders, painters, plumbers
or other members of the trades); and
(l)
A machine or auto repair shop.
4.15
Illumination
Illumination of buildings and grounds shall be permitted provided that:
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(a)
Illumination shall not cause direct or indirect glare on a street that may
interfere with traffic or pedestrian safety;
(b)
Illumination shall not consist of a colour or be so designed or located that
it may be confused with traffic signals; and
(c)
Illumination shall not cause direct or indirect glare on land or buildings in
any zone in which residential uses are permitted.
4.16
Land Suitability for Use and Organic Soils
Despite any other provision of this By-Law, no habitable building or structure
shall be constructed, erected, altered or used on land which, by reason of its rocky,
low lying, marshy, unstable character or which is located or may be located on
organic soil unless the proponent or applicant for development can demonstrate
through professionally acceptable engineering techniques that the physical
constraint can be mitigated or overcome and that the requirements of the Ontario
Building Code with respect to construction and the requirements of the Ontario
Water Resources Act and the Environmental Protection Act with respect to the
installation of an individual on-site sewage and water system can be met.
4.17
Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with
requirements of the Building By-law or any other By-law in force within the
Township or from obtaining any permit, license, permission, authority or approval
required by this or any other By-law of the Township of Papineau-Cameron or by
any other law in force from time to time.
4.18
Mine Hazards
No lands identified as having a mine hazard shall be used unless the mine hazard
has been rehabilitated or measures taken to mitigate known or suspected hazards.
Any required rehabilitation or mitigation measures shall be undertaken using
acceptable engineering practices.
4.19
Minimum Distance Separation, Influence Areas and Special
Setbacks
No person shall use any land, building or structure for a sensitive use (e.g.
residential use, daycare centre, educational or health facility) unless it complies
with the following minimum distance separations, influence areas or special
setbacks except where such distances have been waived or reduced by a public
authority, where upon the revised distance, influence area or setback shall apply.
Distances, influences areas or setbacks shall be measured as set out for the
respective requirement.
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(a)
Setback from Highway 17 or the CPR Rail Line.
The setback shall be as determined by a noise and/or vibration study if
such is required by Planning Board or Council and shall be generally
measured from the point source of the emission to the property line of the
receptor land use;
(b)
Waste Management Facility
i)
The influence area shall be 500 m [1,640 ft] from a sensitive land
use (e.g., residential use, daycare centre, educational or health
facility) measured from the boundary of the (licensed) fill area to
the nearest property line of the sensitive use. Within the influence
area, no sensitive land use shall be permitted unless an
Environmental Impact Assessment is undertaken, to the satisfaction
of the approval authority, to demonstrate that the proposed
development will not negatively be impacted by the waste
management facility (e.g., leachate migration, methane gas,
rodents, vectors, vermin, odour, litter, noise, etc.);
ii)
No development or land use shall be permitted within 30 m [98.4
ft] of the (licensed) fill area of an active waste management
facility; and
iii)
No waste management facility shall be permitted within 30 m [98.4
ft] from any watercourse, lake or pond.
In addition no waste management facility shall be permitted on land
covered by water or in any area subject to flooding (see Section 4.11.3);
(c)
Pits and Quarries:
The minimum separation distance between a sensitive land use (e.g.,
residential use, daycare centre, educational or health facility) and the
boundary of a Mineral Aggregate Resource Area of a pit shall be 70 m
[230 ft] or 300 m [984 ft] for a quarry. Within an influence area of 300 m
[984 ft] from the boundary of a Mineral Aggregate Resource Zone
Boundary for a pit or 1,000 m [3,280 ft] for a quarry, respectively, no
sensitive land use shall be permitted unless appropriate measures have
been undertaken to mitigate adverse or potential adverse impacts such as
visual impacts, noise, dust, traffic or ground water quality or quantity.
Adverse effects may be addressed by means of a phasing plan,
rehabilitation plan, landscaping berming, specified truck routes or other
measures acceptable to Council;
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(d)
Industrial Uses:
i)
Class I Industrial: Includes light industrial uses defined as a place
of business for a small scale, self-contained plant or building
which produces/stores a product which is contained in a package
and has low probability of fugitive emissions e.g. noise, dust, odour
and/or vibration. There are daytime operations only, with
infrequent movement of products and/or heavy trucks and no
outside storage. Examples include electronics manufacturing,
furniture repair, auto parts supply, packaging and crafting services.
The minimum separation distance from a sensitive land use (e.g.,
residential use, daycare centre, educational or health facility) shall
be 20 m [65.6 ft] measured from property line to property line
while the influence area shall be 70 m [230 ft];
ii)
Class II Industrial: Includes a place of business for medium scale
processing and manufacturing with outdoor storage of wastes or
materials and or periodic outputs of minor annoyance. There are
occasional outputs of either point source or fugitive emissions for
noise, odour, dust and/or vibration and low probability of fugitive
emissions. Shift operations are permitted and there is frequent
movement of products and/or heavy trucks during daytime hours.
Examples include feed packing plant, paint spray booths, dry
cleaning services, electrical production manufacturing. The
minimum separation distance for this industrial classification from
a sensitive land use (e.g., residential use, daycare centre,
educational or health facility) shall be 70 m [230 ft] while the
influence area shall be 300 m [984 ft]; and
iii)
Class III Industrial: Describes large scale industries with
substantial variations in industrial processes, shift operations, large
production volumes, outdoor storage of raw and finished products
and therefore emissions e.g., noise vibration, odour, particulate and
gaseous discharges or combinations may be anticipated. Examples
of heavy industries include refineries, salvage yard, pulp and
paper mill etc. The minimum separation distance for this
industrial classification from a sensitive land use (e.g., residential
use, daycare centre, educational or health facility) shall be 300 m
[984 ft] while the influence area shall be 1,000 m [3,280 ft].
(e)
Agricultural Use:
Shall comply with the Ministry of Agriculture, Food and Rural Affairs
Minimum Distance Separation Formulae I and II; and
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(f)
Water Bodies
Subject to Section 4.11, the minimum setback from the shoreline for a
habitable structure (dwelling), a non-residential building or on-site sewage
disposal system shall be 30 m [98.4 ft] except for a boat house, dock,
wharf or low impact accessory structure such as a steam or sauna bath,
gazebo, storage shed. The setback shall be measured as the shortest
horizontal distance from the nearest main wall of the building or the edge
of the filter bed/tile bed to the shoreline.
4.20
Natural Heritage Features
4.20.1
Deer Yards
In cases where a winter deer habitat (deer yard) is indicated on the Zone Schedule
as being on or adjacent to a property that is the subject of a development
application, the following standards will apply:
(a)
In narrow conifer fringe habitats that occur along lake shorelines, larger
frontages are required due to the restricted nature of this critical habitat
feature. Shorelines tend to be the most highly disturbed area during
development. A minimum of 120 m [400 ft] frontage for lots is required;
and
(b)
In areas where critical conifer habitat is distributed in larger patches
throughout the landscape and not restricted only to shorelines, a
minimum lot width and depth of 90 m [300 ft] is required.
4.20.2
Requirements for Natural Heritage Features
No use of land, buildings or structures except a conservation use shall be
permitted within the distances prescribed below of an identified natural heritage
feature as shown on the Zone Schedules to this By-Law except where an Impact
Assessment and/or mitigating measures or conservation practices are implemented
as approved by the public body having jurisdiction.
Feature or Area
Significant habitat of Endangered &
Threatened Species
50 m
Significant Wetlands
120 m
Fish Habitat
30 m
Significant Wildlife Habitat
50 m
Areas of Natural and Scientific Interest
50 m
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4.21
Non-Conforming and Non-Complying Uses
(a)
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent 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. The non-
conforming use of any land, building or structure shall not be changed
except to a use which is in conformity with the provisions of the zone in
which the land, building or structure is located, without permission from
the Committee of Adjustment pursuant to the Planning Act;
(b)
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or
structure for which a building permit has been issued under the Building
Code Act prior to the passing of this By-law, so long as the building or
structure when erected is used and continues to be used for the purpose for
which it was erected and provided the permit has not been revoked under
the Building Code Act;
(c)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or
structure or the erection of any building or structure on a lot which does
not comply to the minimum lot frontage and/or lot area and/or front yard
setback and in the case of a corner lot, the side yard setback, as a result of
a road widening taken by the Township Papineau-Cameron and the
Ministry of Transportation of Ontario, provided all other requirements of
this By-law are complied with;
(d)
Reconstruction of Existing Use
Nothing in this By-law shall prevent the reconstruction or strengthening to
a safer condition of any non-conforming or non-complying building or
structure which is unintentionally damaged by fire or other natural cause
provided the height and bulk are not increased, approved flood proofing
techniques are used (if required) and provided that reconstruction is
commenced within two (2) years;
(e)
Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation, extension or addition
to a building, structure or private sanitary sewage disposal system which is
used for a purpose specifically permitted within the zone in which such
building or structure is located and which building or structure existed at
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the date of passing of this By-law but which building or structure does not
comply with one or more of the zone requirements of this By-law,
provided such renovation, extension or addition does not further reduce the
requirements of this By-law and does not contravene any other
requirements of this By-law or any requirements of Ministries and
agencies; and
(f)
Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a
lesser frontage and/or area than is required by this By-law is held under
distinct and separate ownership from adjoining lots, according to the
register for land in the Land Titles, or Registry Office, on the date of the
passing of this By-law, it may be used for a purpose permitted in the zone
in which the said lot is located, provided it can be adequately serviced with
an individual on-site sewage and water system, has an absolute lot area of
not less than 0.3 ha [0.75 ac] and provided all other applicable provisions
in this By-law are complied with.
4.22
Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof unless the building, structure, or parts thereof meet all
requirements of the Fire Code, the Ontario Building Code and any other
applicable regulations, policies, or Acts.
(a)
Any private garage or other building which is accessory to a residential
use;
(b)
Any truck, bus, recreational vehicle, coach or streetcar body whether or
not the same is mounted on wheels; and
(c)
Any dwelling before the main wall and roof have been erected, the
finished roofing material has been installed and the kitchen, heating and
sanitary conveniences have been installed and are operating.
4.23
Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display
except as permitted by this By-law and as an area which has been specifically
designed and set aside for such purpose, is fully integrated with the main use of
the lot and is in accordance with the following:
(a)
Outside storage shall not be permitted within any required front yard and
no closer than 5.0 m [16.4 ft] to any side or rear lot line;
(b)
Where outside storage areas abut a zone in which residential uses are
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permitted, the required setback of the outside storage area shall be
increased to 10.0 [32.8 ft] and must also be visually screened from any
zone in which residential uses are permitted; and
(c)
Any areas used for outside storage shall be in addition to any minimum
off-street parking or loading areas required by this By-law.
4.24
Parking and Storage of Vehicles
(a)
Except as provided herein, no vehicles shall be parked or stored in a zone
in which residential uses are permitted unless the vehicle is located within
a garage, carport, driveway, designated parking area or on a street as
permitted by Municipal By-law;
(b)
No parking space in a zone in which residential uses are permitted shall be
used for the outdoor parking or storage of a motor vehicle unless such
vehicle is used in operations incidental to the main permitted use of the lot
on which it is parked or stored and bears a motor vehicle license plate or
sticker which is currently valid;
(c)
Each standard parking space shall have a minimum width of 2.7 m [8.9 ft]
and a minimum length of 6.0 m [19.7 ft]. Each barrier-free parking space
shall have a minimum width of 3.7 m [12.1 ft] and a minimum length of
6.0 m [19.7 ft];
(d)
Unless permitted elsewhere in this By-law, where two or more uses are
permitted in any one building or on any one lot, then the off-street parking
requirements for each use shall be calculated as if each use is a separate
use, and the total number of off-street parking spaces so calculated shall be
provided;
(e)
The parking space requirements shall not apply to any building in
existence at the date of passing of this By-law so long as the gross floor
area, as it existed at such date, is not increased and no change in use
occurs. If an addition is made to the building or structure which increases
the gross floor area, or a change in use occurs than parking spaces for the
addition or area changed in use shall be provided;
(f)
Unless otherwise specifically provided elsewhere in this By-law, no
driveway which provides ingress and egress to and from any lot or parking
space shall pass through zones other than the one containing the permitted
use;
(g)
Parking area for more than four vehicles, supplementary regulations:
i)
The parking area shall be constructed of crushed stone, asphalt
paving, concrete, paver stones, or similar materials and shall be
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maintained and treated so as to reduce dust scattering of stones and
similar undesirable effects on adjoining properties and shall
incorporate drainage facilities that comply with the requirements of
the Corporation;
ii)
Ingress and egress directly to and from every parking space shall
be by means of a driveway, lane or aisle having a width of at least
6.0 m [19.7 ft] for two-way traffic and 3.5 m [11.5 ft] for one-way
traffic where parking is angled; and
iii)
A driveway or lane which does not provide ingress and egress
directly to a parking space, shall have a minimum width of 3.5 m
[11.5 ft] where designed for one-way vehicular circulation or 6.0 m
[19.7 ft] where designed for two-way vehicular circulation.
(h)
Barrier Free (Handicapped Parking)
Wherever barrier-free access to a building is required under the Building
Code, one barrier-free parking space shall be provided for every 20
standard parking spaces or part thereof and shall be included in the total
number of parking spaces required under the Schedule for Parking
Requirements;
(i)
Except where permitted elsewhere in this By-law, the required parking for
residential uses of land shall be provided on the same lot as the dwelling
unit. In all other zones, parking shall be provided within 100 m (328 ft.) of
the building or lot it is intended to serve, subject to an agreement, deed or
renewable lease which provides for same; and
(j)
Despite Section 4.26, if the calculation of the minimum parking space
requirement results in a fraction, the minimum requirement shall be the
next higher whole number.
4.25
Schedule for parking requirements
In any zone, the owner or occupant of any building or structure erected, enlarged
or changed in use after the date of passing of this By-law shall provide off-street
parking in accordance with the following provisions (see table):
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Schedule for Parking Requirements
USE
MINIMUM
NUMBER
OF
REQUIRED PARKING SPACES
Residential:
1 space plus 1 space for boat trailer parking
per dwelling unit on water access only
properties
Single-
detached
Duplex
Accessory
Dwelling
Mobile Home
Park model
trailer
Seasonal
Converted
dwelling
Semi-detached
Residential:
Apartment dwellings
1space per dwelling unit, 15% of which shall
be reserved as visitor parking
Auto body shop, auto repair shop, auto
service station, gas bar
3 spaces per service bay plus 1 space per
employee
Assembly hall, auditorium, dance hall,
stadium, theatre and similar places of
public assembly
1 space for every 4 seats, fixed or otherwise
and where there are no seats, 1 space for every
10m2 [107.6 ft2] assembly space
Building supply store, lumber yard, garden
centre, nursery
1 space for each 20 m2 [215.2 ft2] of gross
floor area and 1 space for each 35m2 [376.2
ft2] of open storage
Clinic
6 spaces per doctor
Day nursery - licensed
1 space per employee and 1 space per 5
children
General business, retail store, convenience
store, grocery store, commercial and
personal
service
establishment,
bank,
office, meeting rooms, professional office
or funeral parlour
1 space per 20m2 [215.2 ft2] of Gross Floor
Area, minimum
5 spaces
Home Based Business
2 spaces plus 1 space for each employee
Hotel, motel, tourist outfitters (with road
access)
1 space per guest unit, plus 1 space for each 6
persons of designated seating capacity of any
accessory eating establishment
Manufacturing,
industrial
storage
or
wholesale, warehouse
1 space per 95 m2 [1022.6 ft2] of Gross Floor
Area plus 1 space per every 3 employees per
shift
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Nursing home, convalescent home, home
for the aged
1 space for every 6 patient beds plus 1 space
for every 4 employees
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, restaurant-drive-in, beverage
establishment, tavern, road house
1 space per 10 m2 [107.6 ft2] of Gross Floor
Area
School
2 spaces per classroom
School - Private
4 spaces per classroom
All other uses not listed above
1 space per 30m5 of Gross Floor Area
4.26
Parts of Buildings or Structures Permitted Above Height Level
The height regulations herein set forth shall not apply to any of the following:
Air conditioning system
Chimney
Church spire or belfry
Drying tower
Elevator or stairway enclosure
Enclosed mechanical and electrical equipment
Farm buildings and structures such as a barn, silo or windmill
Flag pole
Hydro electric transmission tower
Mine Headframe
Receiving and transmitting antenna
Receiving stations
Satellite dish
Smoke Stack or Emissions Stack
Solar panels
Ventilating fan or skylight
Water tower or tank
Wind Turbine
4.27
Permitted Projections
Every part of any yard required by this By-law shall be open and unobstructed by
any structure from the ground to the sky except that those structures listed in the
following table shall be permitted to project into the minimum yards required by
this By-law for the following specified distances:
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STRUCTURE
MAXIMUM PROJECTION INTO
REQUIRED YARD
Chimney
breasts,
cornices,
sills,
bay
windows, pilasters, eaves or gutters
0.75 m [2.46 ft] into any required front, rear
or side yard
Canopies which are at least 2.13 m [7 ft] in
vertical clearance above the established
grade, with or without supporting posts
2.0 m [6.5 ft] into any required yard
Canopies
for
entrances
to
apartment
buildings and commercial buildings
Despite any other provisions in this By-law,
a canopy or portico over a major entrance to
an
apartment
building
or
commercial
building may project into the required yard a
distance equal to one-half (1/2) the setback
of the building from the street line
Window awnings
1.2 m [3.9 ft] into any required yard
Steps, ramps for use by handicapped, and
walkways
No maximum into any required yard
Unenclosed
porch,
uncovered
platform
landing, patio or sun deck, balconies or steps
No maximum into any side yard and 3.0 m
[9.8 ft] into any required front or rear yard
Accessory building
As permitted by and as specified in this By-
law
4.28
Prohibited Uses
Except as specifically permitted in this By-law, the following uses are prohibited:
(a)
No use shall be permitted within the Township which from its nature or the
materials used therein is, declared to be a noxious trade, business or
manufacture; and
(b)
Except as otherwise specifically permitted in this By-law, no land shall be
used and no building or structure shall be erected, altered or used for any
purpose that creates or is likely to become a nuisance or offensive, or both,
to an adjacent property holder or to the general public.
4.28A
Recreational Vehicles
No recreational vehicle shall be used in the Rural (R) or Limited Service Rural
(LSR) Zones except in accordance with the following requirements and standards:
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(a)
A recreational vehicle shall not be used as a dwelling unit or for
permanent occupancy;
(b)
A recreational vehicle shall be permitted within a recreational vehicle
park, private campground, recreational campground or a tourist
campground;
(c)
One recreational vehicle only may be stored on a lot occupied by a
seasonal dwelling or a permanent dwelling unit and may be used for short
term accommodation for a period not exceeding a total accumulated period
of 30 days in a calendar year;
(d)
One recreational vehicle only may be stored on a vacant lot record
provided all of the zone standards for the respective zone are complied
with (i.e. lot area and frontage, yard setbacks and shoreline setbacks);
(e)
One recreational vehicle only may be used on a vacant lot of record for
leisure or vacation purposes provided:
i)
The period of occupancy does not exceed a total accumulated
period of 60 days in a calendar year;
ii)
The lot is serviced with an approved sewage disposal system; and
iii)
Except for a deck, no enclosures, roof-overs, extensions or
additions are constructed unless such structures have been
specifically designed or pre-engineered for the recreational vehicle
by the manufacturer or after-market manufacturer and are capable
of being removed. No such structures shall be permitted which
have the effect of rendering the recreational vehicle as a
permanent structure or permanent residential dwelling on a lot or
site;
iv)
One only detached private garage or accessory storage building or
structure may be constructed; and
v)
All of the zone standards for the respective zone are complied with
(i.e. lot area and frontage, yard setbacks and shoreline setbacks).
(f)
The Municipality may impose a license fee as permitted pursuant to the
Municipal Act for the use of any recreational vehicle(s) on a vacant lot of
record; and
(g)
On a vacant lot of record exceeding 5 ha [12.3 ac.], one additional
recreational vehicle shall be permitted to be used for a period not
exceeding a total accumulated period of 30 days in a calendar year.
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4.29
Sight Triangles
On a corner lot no obstruction higher than 0.75 m [2.5 ft] (except a chain link
fence for a school or park) shall be permitted on that part of a lot at the street
corner composed of a triangle having sides 5.0 m [16.4 ft] in length along each
street line measured from the street corner formed by the lot lines, or by the
straight line projection of lot lines when lot lines are connected by a curved line.
4.30
Signs
Unless otherwise stated in this By-law, signs shall be permitted only in
accordance with the applicable by-law(s) of the Township.
4.31 Sleep Cabin
A maximum of one sleeping cabin per lot shall be permitted as an accessory use to
a main permitted residential building or structure. Sleeping cabins shall not
exceed 37 m2 [400 ft2] in gross floor area. The regulations under Section 4.1 -
(Accessory Buildings, Structures and Uses) shall also apply to the establishment
of sleep cabin.
4.32
Streets and Parks
In any zone established by this By-law, streets, walkways, bike paths and parks
are permitted.
4.33
Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure or a scaffold or other equipment essential to the
construction in progress for which a building permit has been granted, but only
until such time as the work has been finished or abandoned or such equipment is
no longer required.
In addition, temporary accommodation for a business or other use which is
intended to occupy a building which is under construction with the work in
progress on such building, may be temporarily permitted on the same lot in the
form of a mobile, relocatable, portable or transportable building provided:
(a)
Approval is obtained pursuant to the matters contained herein; and
(b)
Such temporary accommodation is removed from the lot immediately upon
completion of construction, abandonment of construction or at such time
as in the opinion of the Corporation it is no longer required.
4.34
Trans-Canada Pipelines
Development adjacent to the Trans-Canada Pipeline corridor or facility shall
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comply with the construction and setback standards of Trans-Canada Pipelines
and more particularly, no permanent building or structure shall be located within 7
m [22.9 ft.] of the pipeline right-of-way. Despite this requirements an accessory
structure as defined in this By-law may be located no closer than 3 m [9.84 ft.]
from the limit of the right-of-way.
4.35
Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the
erection or use of any utility installation for the purpose of public service by the
Township of Papineau-Cameron and/or any public authority, any department of
the Government of Ontario or Canada, including any Ontario Hydro facilities
pursuant to the Planning Act, or publicly licensed authority provided that where
such land, building or structure is located in or abutting a zone in which
residential uses of land are permitted:
(a)
No goods, materials or equipment shall be stored in the open;
(b)
The lot coverage and setback regulations of the zone in which such land,
building or above ground structure is located shall be complied with;
(c)
Any building erected under the authority of this section shall not be used
for the purpose of an office;
(d)
Parking and loading requirements as contained in this By-law shall be
complied with; and
(e)
A communications facility established by a public or private authority
shall be permitted in any Rural (R) Zone or Limited Service Rural (LSR)
Zone, provided the construction standard complies with the applicable
provincial and federal statutes and regulations and provided that the base
of any freestanding tower is set back a minimum of 30 m [98.4 ft.] from
any lot line.
4.36
Water and Sewage Disposal Systems
No person shall hereafter erect or use in whole or in part, any building or structure
for any residential, commercial or industrial purposes on any land unless the use,
building or structure is properly connected to an approved water supply and
sewage disposal system or the applicant possesses a valid Certificate of Approval
for same.
4.36A
Wind Turbine and Renewable Energy Undertaking
A renewable energy undertaking as defined in the Green Energy Act, 2009 shall
be governed in accordance with the provisions of that Act. The minimum setback
for any wind turbine not governed by the Green Energy Act, 2009 shall be 10 m
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[32.8 ft.].
4.37
Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the lot shall
be used in accordance with the provisions of this By-Law for the zone where such
portion of the lot is located. Each such portion of the lot shall be considered as a
separate lot for the purposes of determining zone provisions.
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Section 5 ZONES
5.1
ZONE CLASSIFICATION
For the purposes of this By-law, the Township of Papineau-Cameron is divided into the
following zones as named and described in the following sections, the boundaries of
which are shown on Schedule "A" which is attached and forms part of this By-law.
5.2
ZONES
Zone Symbol
Rural ................................................................................................. R
Limited Service Rural .................................................................. LSR
Commercial/Recreational ................................................................ CR
General Industrial ........................................................................... M1
Heavy Industrial.............................................................................. M3
Mineral Aggregate Resource ......................................................... MX
Waste Management Facility .............................................................. W
Environmental Protection ................................................................ EP
5.3
INTERPRETATION OF ZONE BOUNDARIES
5.3.1
When determining the boundary of any zone as shown on any Schedule forming
part of this By-law, the following provisions shall apply:
(a)
A boundary indicated as following a highway, street or lane shall be the
centre line of such highway, street or lane;
(b)
A boundary indicated as following a watercourse, creek, stream or the
right-of-way of a railway or an electrical, gas or oil transmission line shall
be the centre line of such watercourse, creek, stream or right-of-way;
(c)
A boundary indicated as following the shoreline shall follow such
shoreline, and in the event of a change in the shoreline, the boundary shall
be construed as moving with the actual shoreline;
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(d)
A boundary indicated as approximately following lot lines shown on a
Registered Plan of Subdivision, or Reference Plan, or Township lot lines
shall follow such lot lines;
(e)
Where a boundary is indicated as approximately parallel to a street line or
other feature, indicated in clause (a), (b), and (c) above, and the distance
from such street line or other feature is not indicated, and clause (d) above
is not applicable, such boundary shall be construed as being parallel to
such street line or other feature, and the distance therefrom shall be
determined according to the scale shown on the appropriate Schedule;
(f)
A boundary indicated as following the limits of the Municipality shall
follow such limits;
(g)
In the event a dedicated street, lane or right-of-way shown on any
Schedule forming part of this By-law is closed, the property formerly in
such street, lane or right-of-way shall be included within the zone of the
adjoining property on either side of such closed street, lane or right-of-
way. If a closed street, lane or right-of-way is the boundary between two
or more different zones the new zone boundaries shall be the former centre
line of the closed street, lane or right-of-way; and
(h)
In the event a zone boundary, setback or dimension cannot be determined
by any of the above means, a scale bar may be used to calculate the
affected dimension.
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5.4
RURAL - R
No person shall use any land or erect, alter or use any building or structure in the
Rural - R zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-law.
5.4.1
Permitted Uses
Accessory Use
o Bed and Breakfast
o Day Nursery (private
home)
o Dwelling, Apartment-
in-a-House (Granny
Suite)
o Farm Produce Outlet
o Home Based Business
o Kennel
o Sleep Cabin
o Studio
Ambulance Facility
Airfield
Agricultural Use
Antique Store
Camp
Campground - Private
Catering Establishment
Cemetery
Commercial Greenhouse
Communications Facility
Community Centre
Construction Yard or
Contractor's Yard
Continuum-of-Care
Facility
Convenience Store
Day Nursery (licensed)
Dwelling - Duplex
Dwelling - Park Model
Trailer
Dwelling - Seasonal
Dwelling - Semi-detached
Dwelling - Single
Detached
Equestrian Establishment
Farmer's Market
Forestry Uses
Garage - Municipal
Garage - Private
Golf Course
Group Home
Helipad
Heliport
Institutional Use
Log Hauling Operation
Logging Camp
Marine Facility
Mobile Home
Nursing Home
Outdoor Recreation Use
Park
Parking Area
Place of Worship
Place of Assembly
Portable Asphalt Plant
Private Club
Public Access Point
Public Use
Public Utility
School
Temporary Work Camp
Veterinary Establishment
Wayside Quarry
Wayside Pit
Workshop or Custom
Workshop
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5.4.2
Zone Requirements
a)
Kennel and Veterinary Establishment with a Kennel
Minimum Lot Area ................................................................. 4 ha [9.9 ac]
Minimum Lot Frontage....................................................... 92 m [301.8 ft]
Minimum Yard Requirements
All Yards ....................................................................... 30 m [98.4 ft]
Maximum Building Height ................................................... 10 m [32.8 ft]
Maximum Building Height - Accessory Building ................... 6 m [19.7 ft]
Minimum Separation Distance Between a Main Building
and an Accessory Building ........................................................ 2 m [6.4 ft]
b)
Residential
Minimum Lot Area per Dwelling Unit ................................ 0.8 ha [1.97 ac]
Minimum Lot Frontage......................................................... 30 m [98.4 ft]
Minimum Yard Requirements
Front Yard..................................................................... 7.5 m [24.6 ft]
Rear Yard ...................................................................... 7.5 m [24.6 ft]
Interior Side Yard............................................................... 3 m [9.8 ft]
Exterior Side Yard ........................................................... 6 m [19.6 ft]
Maximum Building Height
Main Building ................................................................... 11 m [36 ft]
Accessory Building .......................................................... 6 m [19.6 ft]
Maximum Lot Coverage ..................................................................... 10 %
Maximum No. of Dwellings per Lot:
Single detached dwelling, seasonal dwelling, mobile home, park
model ..................................................................................................
Duplex, Semi-detached, converted ..................................................... 1
Minimum Separation Distance between the Main
Wall of Adjacent Detached Dwelling Units ............................ 6 m [19.6 ft]
Minimum Separation Distance Between a Main Building
and an Accessory Building ........................................................ 2 m [6.4 ft]
c)
All Other Uses
Minimum Lot Area ............................................................. 0.8 ha [1.96 ac]
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Minimum Lot Frontage....................................................... 45 m [147.6 ft]
Minimum Yard Requirements
Front Yard...................................................................... 15 m [49.2 ft]
All Other Yards .............................................................. 10 m ]32.8 ft]
Maximum Lot Coverage ......................................................................25%
Maximum Building Height - Main Building ............................ 11 m [36 ft]
Maximum Building Height - Accessory Building ................... 6 m [19.6 ft]
Minimum Separation Distance Between a Main Building
and an Accessory Building ........................................................ 2 m [6.4 ft]
5.4.3
Additional Provisions
(a)
New development and land uses and new or expanding livestock facilities
in the Rural zone will comply with the Minimum Distance Separation
Formulae I and II;
(b)
No part of any kennel may be located closer than 100 m [328 ft] to a
dwelling unit on another lot;
(c)
Parks shall not be subject to minimum lot area or lot frontage requirements
but shall comply with the setback requirements of Section 5.4.2 (c);
(d)
Cemeteries shall not be governed by the above standards but shall
conform with the Cemeteries Act;
(e)
Despite anything in Section 5.4.2 (c) to the contrary, Communications
Facilities, Wayside Pits and Wayside Quarries shall be subject only to a
minimum yard requirement of 15 m [49.2 ft];
(f)
Development on lands within the Rural (R) Zone shall only be on lots with
frontage on a public street;
(g)
A garden suite shall be permitted subject to Section 4.13;
(h)
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling; and
(i)
A lot occupied by a dwelling unit, other than an agricultural use may be
used for the keeping of livestock up to one (1) nutrient unit provided the
minimum lot area shall be 4 ha [9.88 ac.] and provided any associated
livestock facility of manure storage facility complies with the Minimum
Distance Formula I.
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5.4.4
Exception Zones
(a)
Despite the provisions of Section 5.4.2 b) and Section 4.20 (f), the
following lots shall be deemed to comply with the minimum lot area:
Part of Lot 15, Concession A, being Parcel 22226 (Roll No. 48 16 010
001 44601), geographic township of Cameron, having a lot area of
0.226 ha [0.56 ac.]
Part of Lot 15, Concession 14, being Parcel 21518 (Roll No. 48 16
010 001 232), geographic township of Cameron, having a lot area of
0.263 ha [0.65 ac.]
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5.5
LIMITED SERVICE RURAL - LSR
(This explanatory note does not form part of the By-law. The limited service zone
identifies land which does not have access to frontage on an opened and
maintained public street or a year round maintained public street and means that
municipal services which may normally be provided will not be guaranteed
including, but not limited to, snow plowing, road upgrading, school bussing,
garbage pick-up, access by emergency vehicles.)
No person shall use any land or erect, alter or use any building or structure in the
Limited Service Rural - LSR zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.5.1
Permitted Uses
Accessory Use
o Bed and
Breakfast
o Dwelling,
Apartment-in-a-
House (Granny
Suite)
o Home Based
Business
o Sleep Cabin
o Studio
Agricultural Use
Camp
Campground - Private
Communications
Facility
Dwelling - Duplex
Dwelling - Seasonal
Dwelling - Semi-
detached
Dwelling - Single
Detached
Forestry Uses
Garage - Private
Logging Operation
Marine Facility
Mobile Home
Park
Parking Area
Public Use
Wayside Pit
Wayside Quarry
5.5.2
Zone Requirements
a)
Residential
Minimum Lot Area per Dwelling Unit ................................ 0.8 ha [1.96 ac]
Minimum Lot Frontage......................................................... 30 m [98.4 ft]
Minimum Yard Requirements
Front Yard..................................................................... 7.5 m [24.6 ft]
Rear Yard ...................................................................... 7.5 m [24.6 ft]
Interior Side Yard............................................................... 3 m [9.8 ft]
Exterior Side Yard ........................................................... 6 m [19.6 ft]
Maximum Building Height
Main Building ................................................................... 11 m [36 ft]
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Accessory Building .......................................................... 6 m [19.6 ft]
Maximum Lot Coverage ..................................................................... 10 %
Maximum No. of Dwelling Units per Lot:
Single detached dwelling, seasonal dwelling, mobile home ................ 1
Duplex, Semi-detached, converted ..................................................... 1
Minimum Separation Distance Between a Main Building
and an Accessory Building ........................................................ 2 m [6.4 ft]
b)
All Other Uses
Minimum Lot Area ............................................................. 0.8 ha [1.96 ac]
Minimum Lot Frontage....................................................... 45 m [147.6 ft]
Minimum Yard Requirements
Front Yard...................................................................... 15 m [49.2 ft]
All Other Yards .............................................................. 10 m [32.8 ft]
Maximum Lot Coverage ......................................................................25%
Maximum Building Height - Main Building ............................ 11 m [36 ft]
Maximum Building Height - Accessory Building ................... 6 m [19.6 ft]
Minimum Separation Distance Between a Main Building
and an Accessory Building ........................................................ 2 m [6.4 ft]
5.5.3
Additional Provisions
(a)
New development and land uses and new or expanding livestock facilities
in the LSR zone will comply with the minimum distance separation
formulae;
(b)
Parks shall not be subject to minimum lot area or lot frontage requirements
but shall comply with the setback requirements of Section 5.5.2 (c);
(c)
Despite anything in Section 5.5.2 (c) to the contrary, Communications
Facilities, Wayside Pits and Wayside Quarries shall be subject only to a
minimum yard requirement of 15 m [49.2 ft];
(d)
All islands are zoned Limited Service Rural (LSR) unless otherwise noted;
(e)
No land shall be developed in the Limited Services (LSR) Zone unless
those lands are on a lot which has frontage on a private street or a public
street which is open but not maintained year round by the municipality;
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(f)
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling; and
(g)
A lot occupied by a dwelling unit, other than an agricultural use may be
used for the keeping of livestock up to one (1) nutrient unit provided the
minimum lot area shall be 4 ha [9.88 ac.] and provided any associated
livestock facility of manure storage facility complies with the Minimum
Distance Formula I.
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5.6
COMMERCIAL/RECREATIONAL - CR
No person shall use any land or erect, alter or use any building or structure in the
Commercial Recreational - CR zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.6.1
Permitted Uses
Accessory Dwelling
Accessory Use
Adventure Game
Auto Service Station
Automotive Sales
Establishment
Building Supply Store
Camp
Campground -
Recreational
Campground - Tourist
Car Washing
Establishment
Clinic
Communications Facility
Equestrian Establishment
Equipment Rental
Establishment
Farmer's Market
Flea Market
Funeral Parlour
Garage - Private
Gasoline Bar
Gasoline Card Lock
Facility
Home Based Business
Laundromat
Lumber Yard
Marina
Marine Facility
Mini Warehouse
and Public Storage
Motel
Office
Parking Area
Parking Lot -
Commercial
Public Use
Printing and Publishing
Establishment
Private Club
Recreational Commercial
Establishment
Restaurant, Restaurant -
Take out
Retail Store
Service Outlet
Shooting Range or
Rifle Club
Tavern or Roadhouse
Tourist Establishment
Tourist Outfitters
Establishment
Warehouse
5.6.2
Zone Provisions
Minimum Lot Area ................................................................................................
Per Dwelling............................................................................ 0.8 ha [1.96 ac]
Other Uses ................................................................................. 1 ha [2.47 ac]
Minimum Lot Frontage .................................................................. 45 m [147.6 ft]
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Minimum Yard Requirements
Front Yard ................................................................................. 10 m [32.8 ft]
Rear Yard ................................................................................. 7.5 m [24.6 ft]
Side Yard Interior ..................................................................... 7.5 m [24.6 ft]
Side Yard Exterior .................................................................... 7.5 m [24.6 ft]
Maximum Building Height
Main Building ........................................................................... 11 m [32.8 ft]
Accessory Building ..................................................................... 6 m [19.6 ft]
Maximum Lot Coverage
Residential Use only ................................................................................ 10 %
Other uses ................................................................................................ 25 %
Maximum No. of Dwellings per Lot ..................................................................... 1
Minimum Separation Distance between the
Main Wall of Adjacent, Detached Dwelling Units .............................. 6 m [19.6 ft]
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................................................... 2 m [6.4 ft]
5.6.3
Additional Provisions
(a)
Development on lands within the Commercial Recreational (CR) Zone
shall be on lots with frontage on a public street;
The provision for frontage on a public street may be exempted for a
campground-tourist, marina, marine facility, recreational commercial
establishment or tourist establishment which has water access only,
provided that there is public access to the lake, that the public access fronts
onto a public street and that there is adequate parking for the permitted
recreational use at the public access point;
(b)
Indicates uses which shall only be permitted along the Highway 17
corridor and within 200 m [656 ft];
(c)
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5
m [4.92 ft] in width shall be provided along the abutting lot line(s); and
(d)
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, the setback on the abutting yard shall
be a minimum of 7.5 m [24.6 ft]
5.6.4
Exception Zones
Reserved.
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5.7
GENERAL INDUSTRIAL - M1
No person shall use any land or erect, alter or use any building or structure in the
General Industrial - M1 zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.7.1
Permitted Uses
Accessory Dwelling
Unit
Accessory Use
Auto Body Shop
Auto Service Station
Communications
Facility
Convenience Store
Fuel Depot
Furniture and Home
Supply Store
Garden Centre
Gasoline Bar
Gasoline Card Lock
Facility
Industrial Use (Class I
& II)
Lumber Yard
Office
Parking Area
Parking Lot -
Commercial
Public Use
Restaurant
Transportation Depot
Warehouse
Workshop or Custom
Workshop
5.7.2
Zone Requirements
Minimum Lot Area .......................................................................... 1 ha [2.47 ac]
Minimum Lot Frontage .................................................................. 45 m [147.6 ft]
Minimum Yard Requirements
All Yards ................................................................................... 15 m [49.2 ft]
Maximum Building Height
Main Building ........................................................................... 15 m [49.2 ft]
Accessory Building ..................................................................... 8 m [26.2 ft]
Maximum Lot Coverage .................................................................................30%
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................................................... 2 m [6.4 ft]
5.7.3
Additional Provisions
See also requirements of Section 4.19 of this By-law for influence areas and
separation distances for industries.
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Where an industrial zone abuts a residential zone or a residential use or a sensitive
land use on an adjacent lot, a landscaped strip of not less than 5 m (16.4 ft.) in
width shall be provided along the abutting lot line(s).
5.7.4
Exception Zones
Reserved.
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5.8
HEAVY INDUSTRIAL - M3
No person shall use any land or erect, alter or use any building or structure in the
Heavy Industrial - M3 zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.8.1
Permitted Uses
Industrial Use (Class III)
Mine
Salvage Yard
Sawmill or Planing Mill
5.8.2
Zone Requirements
Minimum Lot Area .........................................................................10 ha [24.7 ac]
Minimum Lot Frontage ................................................................ 200 m [656.1 ft]
Minimum Yard Requirements
All Yards ................................................................................... 15 m [49.2 ft]
Maximum Lot Coverage .................................................................................30%
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................................................... 2 m [6.4 ft]
5.8.3 Additional Provisions
(a)
Development of any mine shall also be subject to the requirements of the
Mining Act and the Environmental Assessment Act;
(b)
Development of any sawmill, planing mill, salvage yard or industrial use
shall also be subject to the applicable requirements of the Environmental
Protection Act;
(c)
See also requirements of Section 4.19 of this By-law for influence areas
and separation distances for industries; and
(d)
Where an industrial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 5
m [16.4 ft] in width shall be provided along the abutting lot line(s).
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5.9
MINERAL AGGREGATE RESOURCE - MX
No person shall use any land or erect, alter or use any building or structure in the
Mineral Aggregate Resource - MX zone except in accordance with the provisions
of this Section and of any other relevant Sections of this By-law.
5.9.1
Permitted Uses
Accessory Dwelling Unit
Accessory Use
Agriculture (not including buildings and structures)
Camp
Communications Facility
Forestry Use (not including buildings and structures)
Pit
Portable Asphalt Plant
Public Use
Quarry
Wayside Pit
Wayside Quarry
5.9.2
Zone Requirements
Minimum Yard Requirements
All Yards ............................................................................... 15.0 m [(49.2 ft]
Maximum Building Height
Main Building ........................................................................ 15.0 m [49.2 ft]
Accessory Building .................................................................. 8.0 m [26.2 ft]
5.9.3
Additional Provisions
a)
Notwithstanding the yard requirements stated above, a minimum of 30 m
[98.4 ft] setback will be required from lot lines adjacent to public roads;
and
(b)
See also requirements of Section 4.19 of this By-law for influence areas
and separation distances for Mineral Aggregate Resource Areas.
5.9.4
Exception Zones
Reserved.
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5.10
WASTE MANAGEMENT FACILITY - W
No person shall use any land or erect, alter or use any building or structure in the
Waste Management Facility - W zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.10.1
Permitted Uses
Agriculture (not including buildings and structures)
Forestry (not including buildings and structures)
Waste Management Facility
Transfer Station
5.10.2
Zone Requirements
Minimum Yard Requirements:
All Yards ................................................................................... 30 m [98.4 ft]
5.10.3
Additional Provisions
(a)
Certificate of Approval
No waste disposal or sanitary landfill site shall operate without and except
in conformity with a currently valid Certificate of Approval issued by the
public authority having jurisdiction; and
(b)
Influence Area and Separation Distances
See also requirements of Section 4.19 of this By-law for influence areas
and separation distances for a waste management facility.
5.10.4
Exception Zones
Reserved.
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5.11
ENVIRONMENTAL PROTECTION - EP
No person shall use any land or erect, alter or use any building or structure in the
Environmental Protection - EP zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.11.1
Permitted Uses
Conservation Use
Forestry Use
Outdoor Recreational Use
5.11.2
Zone Requirements
No minimum lot area, frontage or setbacks.
5.11.3
Additional Provisions
(a)
Any new building or structure or any expansion of or addition to any
buildings or structures permitted in the flood plain after the day of the
passing of this By-law must incorporate appropriate engineered
construction techniques which reduce or eliminate the risks of flood
damage or damage from unstable slopes. The specific approval of the
Conservation Authority must be obtained prior to the issuance of a
building permit;
(b)
Modification of the flood plain through filling, excavation or by other
means is prohibited unless otherwise permitted by the Conservation
Authority or the Ministry of Natural Resources respectively;
(c)
All land under water is within the Environmental Protection (EP) zone and
uses of such land shall be limited to only those specifically approved by
the Ministry of Natural Resources and/or the Conservation Authority; and
(c)
See also requirements of Section 4.19 of this By-law for separation
distances for industries and the provisions for Flood Plains in Section
4.11.
5.11.4
Exception Zones.
Reserved.
APPENDIX 1
MINIMUM DISTANCE SEPARATION
* Refer to document for compliance requirements: Ministry of Agriculture, Food and
Rural Affairs. (2006). Minimum Distance Separation (MDS) Formulae,
Implementation Guidelines. Toronto: Queen's Printer for Ontario.
APPENDIX 2
AMENDING BY-LAW
THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON
By-law No. ________
BEING A BY-LAW TO AMEND BY-LAW No. 2000-11
WHEREAS pursuant to the provisions of the Planning Act, Section 34, the Council of a
Municipality may enact by-laws regulating the use of lands and the erection of buildings or
structures thereon:
AND WHEREAS By-law No. 2000-11 regulates the use of land and the use and erection of
buildings and structures within the Township of Papineau-Cameron;
AND WHEREAS Council deems it appropriate to update By-law 2000-011;
NOW THEREFORE the Council of the Corporation of the Township of Papineau-Cameron
enacts as follows:
1. That By-law 2000-011 is amended by deleting Section 1.5 and substituting therewith:
(d) Subject to Sections 49 and 49.1 of the Planning Act, 1990, the Chief Building
Official or other such person as may from time-to-time be designated by
Council or any person acting under his or her instructions, and upon
producing proper identification, is hereby authorized to enter, at all
reasonable times, upon any property or premises for the purpose of
inspecting a property of which he or she believes a contravention of this By-
law is occurring.
(e) Notwithstanding any provisions of Section 1.5 (a) hereof to the contrary, no
officer or employee of the Corporation shall enter any room or place actually
being used as a dwelling unit without obtaining the consent of the occupier,
first having informed the occupier that the right of entry may be refused,
except under the authority of a search warrant issued under Section 158 of
the Provincial Offenses Act.
(f) No person shall obstruct or attempt to obstruct an officer or person acting
under the officer's instructions in the exercise of a power authorized under
the Planning Act.
2. That By-law 2000-011 is amended by adding the following new definitions to Section 3:
"Aisle
Means the travelled way by which motor vehicles enter and depart parking spaces.
Ambulance Facility
Means a building or part of a building where professional paramedics are stationed and
their vehicles and equipment are kept.
Antique Store
Means a retail store selling any old and authentic objects of personal property which were
made, fabricated or manufactured sixty or more years earlier and which have a unique
appeal and enhanced value mainly because of its age, and, in addition, may include the
sale of any article of personal property which was made, fabricated or manufactured
twenty or more years earlier and because of public demand had attained a value in a
recognized commercial market which is in excess of its original value.
Catering Establishment
Means a commercial establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises or to take
out.
Communications Facility
Means an installation which transmits, receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular
telephone tower, radio or television broadcast tower or similar facility.
Condominium
Means a building or land or part thereof which is held in separate private ownership and
to which or in which common elements are owned by the tenants in common (e.g.
recreation facilities, open space, outdoor areas etc.) and which is administered and
maintained by a corporation pursuant to the provisions of the Condominium Act. Such use
may be for a residential, commercial or industrial use.
Continuum-of-Care Facility
Means a facility which may include a senior citizens apartment building, a nursing home,
a long-term care facility, home for the aged and facilities associated with, and designed
specifically to serve, the senior citizens apartment building, nursing home, long-term care
facility, home for the aged, such as hospitals, clinics, recreation centres, cafeterias and
personal service establishments and may also include independent senior's
accommodation in separate structures/living units that share in services, such as meals,
medical care services, or recreation that are provided by the facility.
Crisis Care Facility
Means a building or part of a building which is used to provide for the supervised
residency of persons requiring immediate emergency shelter and aid for a short to interim
period of time and without limiting the generality of the foregoing, includes a facility for
battered or abused adults and/or children or elderly persons.
Development
Means the creation of a new lot, a change in land use, or the construction of buildings and
structures requiring approval under the Planning Act and shall be taken to include
redevelopment, but does not include activities that create or maintain infrastructure
authorized under an environmental assessment process, works subject to the Drainage
Act, or underground or surface mining of minerals or advanced exploration on mining
lands. (Provincial Policy Statement)
Dwelling, Apartment-in-a-House (Granny Suite)
Means an ancillary dwelling unit in a single detached dwelling that may have an internal
shared entrance or an independent entrance and does not exceed 49% of the net floor area
of the main floor of a single detached dwelling up to a maximum of 75 m2 [807.3 ft.2].
Garden Suite
Shall mean a one-unit detached residential building containing bathroom and kitchen
facilities that is accessory to an existing permanent residential structure and that is
designed to be portable, but does not include a recreational vehicle. A mobile home or
modular home may be installed and used as a garden suite.
Helipad
Means a landing area or pad used for the landing and take-off of helicopters, as further
governed under the Canadian Aviation Regulation 325 under the Aeronautics Act.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall
include all necessary and incidental structures, service facilities, fuelling facilities,
passenger and cargo facilities and as further set out under the Canadian Aviation
Regulation 325 under the Aeronautics Act.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and
which is equipped for the preparation, storage, heating, cooking, cooling or sale of
foodstuffs and beverages within or from the vehicle and may include exterior seating
(e.g. picnic tables).
Livestock Facility
Means one or more barns or permanent structures with livestock occupied portions
intended for keeping of livestock. A livestock facility also includes all manure or
material storage and anaerobic digesters.
Log Hauling Operation
Means an area of land and/or building of a logging contractor where equipment and
materials are stored and may include repairs to logging equipment belonging to the
logging operator or contractor.
Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock facility
containing liquid manure (< 18% dry matter), solid manure (≥ 18% dry matter), or
digestate (< 18% dry matter). Permanent storages may include any of: locations (under,
within, nearby, or remote from a barn), materials (concrete, earthen, steel, wood),
coverings (open top, roof tarp, or other materials), configurations and shapes or
elevations (above, below or partially above grade).
Nutrient Unit
Means an amount of nutrients that give a fertilizer replacement value of the lower of 43
kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario
Regulation 267/03 made under the Nutrient Management Act) and correlates to the
number of types of livestock for a given nutrient unit.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal activities
occurring at reasonably expected times would experience 1 or more adverse effect(s)
from contaminant discharges generated by the nearby facility. The sensitive land use may
be a part of the natural or built environment.
Welding Shop
Shall mean a building or structure or part thereof where metal products are joined,
repaired or shaped by welding but no mass productions shall be involved.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are used
in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into
mechanical energy or electrical energy.
Wind Turbine, Commercial
Means a wind turbine where the mechanical or electrical energy is sold commercially for
gain or profit."
3. That By-law 2000-011 is amended by amending certain existing definitions in Section 3
as follows:
(a) Camp (Hunt Camp, Fishing Camp: Amend by adding the words "(i.e.
weekend, vacation)" after "temporary basis".
(b) Camp, Temporary Work: Amend by adding the words "logging operation"
after "major building".
(c) Communications Facility: Amend by adding the words "significant antenna,"
after "relay tower,".
(d) Dwelling: Amend by adding "Unit" in the title and by adding the following
additional sentence: "A recreational vehicle shall not constitute a dwelling
unit."
(e) Dwelling, Park Model Trailer: Amend by deleting "M" after the word "Series"
and by substituting "as a seasonal recreational building of residential
occupancy" for "as a dwelling or seasonal dwelling".
(f) Dwelling - Seasonal: Amend by adding "unit" after "dwelling" and by adding the
following additional sentence: "A seasonal dwelling unit shall include a Park
Model Trailer Dwelling".
(g) Home Based Business: Amend by adding "subject to Section 4.14A" after
"business" in the first line of the definition, by deleting subsection "(c)", by
replacing subsection (f) to read: "not more than one person not living in the
household may be employed on-site in a permitted home based business
while there shall be no limit on the number of employees who work entirely
off-site", by adding the word "primarily" after "products" in subsection (g), by
adding a new subsection (h) to read: "the business shall not receive clients or
deliveries between the hours of 2300 and 0700" and by adding a new
subsection (i) to read: "up to two home based businesses shall be permitted in
a dwelling or accessory building provided all the provisions of this By-law are
met."
(h) Marina: Amend by adding "bait as well as the sale of foods, provisions or
supplies as an accessory use may be provided. Sewage pump-out facilities for
pleasure craft are permitted" to the end of the last sentence.
(i) Mobile Home: Amend by adding "Unit" after "dwelling".
(j) Modular Home: Amend by adding "Recreational Vehicle," after "Mobile
Home".
4. That By-law 2000-011 is amended by deleting the following definitions in Section 3:
(a) Home for the Aged
(b) Nursing Home, Home for the Aged, or a Long Term Care Facility.
5. That By-law 2000-011 is amended by adding the following to the end of Section 4.1.1
(a): "No accessory building shall be erected prior to the erection of the main building
on the same lot, except where it is necessary for the storage of the tools, and
materials for the use in connection with the construction of the main building or
structure, and no such accessory building shall, prior to the erection of the main
building, be used for any purpose other than storage and shall not be used for
habitation unless otherwise permitted by this By-law." and by changing "1.5 m (5.0
ft.)" to 2 m [6.56 ft.] in Section 4.1.1 (d).
6. That By-law 2000-011 is amended by adding the following to the end of Section 4.1.1
(c): "This provision shall be exempted:
i.
For lots with water frontage.
ii.
For a partially enclosed shelter for use by children waiting for a school
bus, if such use is located in a rural zone and provided the front yard
setback for the shelter is 3 m [9.84 ft.].
iii.
For any farm produce outlet having a gross floor area of less than 9.5 m2
[102.2 ft.2], if such use is located in a rural zone.
iv.
For a lot in a rural zone to the extent that accessory uses, buildings and
structures may be located in the front yard provided that the minimum
front yard depth for the main building shall be double the front yard
depth otherwise required for the zone, provided that the accessory uses,
buildings or structures shall be in compliance with the front yard,
interior and exterior side yard requirements for the main buildings or
structures in the zone and provided that all other relevant provisions of
this By-law are complied with.
v.
For open or outdoor storage, where permitted in this By-law.
vi.
For a temporary car shelter.
vii.
For a gate house used for security for a gated residential complex, or a
permitted non-residential use provided the front yard setback for the
gate-house is 3 m [9.84 ft.]."
7. That By-law 2000-011 is amended by the following new Section to the end of Section
4.1:
"4.1.3 Bed and Breakfast Establishment
A bed and breakfast establishment shall be permitted in any residential zone in a
single detached dwelling subject to the following requirements:
(f) That the use of the dwelling does not change the residential character of the
dwelling.
(g) That the requirements for the provision of off-street parking spaces can be
met.
(h) That the requirements of the local Health Unit, where applicable, can be met.
(i) That one sign only shall be permitted provided the sign area does not exceed
1.2 m2 [12.9 ft.2], does not flash or oscillate, does not exceed a height of 1.5 m
[4.92 ft.] if a free standing sign, shall not obstruct any sight triangle, and has
a minimum setback from any lot line of 1 m [3.28 ft.].
(j) That the bed and breakfast shall not be combined with any other residential
use except a single detached dwelling in which it is located."
8. That By-law 2000-011 is amended by deleting "pursuant to Ontario Regulation 162" at
the end of the Section 4.11.4 (b).
9. That By-law 2000-011 is amended by substituting "that the minimum lot area is 450 m2
(4,844 ft.2)" with "that Individual On-Site Systems have the capacity to service the
additional dwelling unit" in Section 4.13 and by substituting "50 m2 (538 ft.2)" with
"49% of the net floor area of the main floor of the main residential building up to a
maximum of 75 m2 [807.3 ft.2]".
10. That By-law 2000-011 is amended by adding the following new Section to Section 4,
General Provisions:
"4.14A
Helipad, Heliport
Where a Helipad or Heliport is permitted in this By-law, the following provisions
shall apply:
(d) The setback between the edge of the helipad and the main wall or receptor of
a sensitive land use shall be determined by a noise and vibration study
undertaken by a professional competent in undertaking such studies.
Reference shall be made to Ministry of the Environment Guideline "Noise
Assessment Criteria in Land Use Planning LU-131", and
(e) The setback between the edge of the helipad and any non-residential use not
classified as a sensitive land use shall be 200 m [656.2 ft.], and
(f) The classification, design, construction and operation of a Heliport shall
comply with Standard 325, Heliports, Part III, Canadian Aviation
Regulations issued under the Aeronautics Act, administered by Transport
Canada."
11. That By-law 2000-011 is amended by adding the following new Section to Section 4,
General Provisions:
"4.14B
Home Based Businesses
The following uses shall be considered Home Based Businesses:
(a) professional and consulting services (examples: architect, engineer,
financial advisor, accountant, insurance agency, consultant, legal
services, physician, teleworking, surveyor)
(b) instructional services (examples: music lessons, dance, art, and
academic tutoring)
(c) home craft businesses (examples: quilting, pottery, jewellery, visual arts,
small scale assembly)
(d) private daycare
(e) distribution sales offices or mail order sales (examples: cosmetics,
clothing or small household supplies)
(f) offices for contractors and trades (examples: plumbing, heating,
electrician)
(g) repair services (examples: small appliance, computers)
(h) high technology uses (examples: internet services, office call centre
services, desktop publishing, hardware and software development)
(i) personal care services shall be limited to providing service to a single
client or patron at a time (examples: hairdressing/cutting, massage
therapist, aesthetician)
(j) a farm produce outlet
(k) workshop (examples: workshops for woodworkers, welders, painters,
plumbers or other members of the trades)
(l) a machine or auto repair shop"
12. That By-law 2000-011 is amended by deleting "Portions of the" in Section 4.20.2.
13. That By-law 2000-011 is amended by adding "Wind Turbine" to the end of the bullet
point list in Section 4.26.
14. That By-law 2000-011 is amended by adding the following new section to Section 4,
General Provisions:
"4.28A
Recreational Vehicles
No recreational vehicle shall be used in the Rural (R) or Limited Service Rural
(LSR) Zones except in accordance with the following requirements and standards:
(h) A recreational vehicle shall not be used as a dwelling unit or for permanent
occupancy.
(i) A recreational vehicle shall be permitted within a recreational vehicle park,
private campground, recreational campground or a tourist campground.
(j) One recreational vehicle only may be stored on a lot occupied by a seasonal
dwelling or a permanent dwelling unit and may be used for short term
accommodation for a period not exceeding a total accumulated period of 30
days in a calendar year.
(k) One recreational vehicle only may be stored on a vacant lot record provided
all of the zone standards for the respective zone are complied with (i.e. lot
area and frontage, yard setbacks and shoreline setbacks).
(l) One recreational vehicle only may be used on a vacant lot of record for leisure
or vacation purposes provided:
vi)
The period of occupancy does not exceed a total accumulated period
of 60 days in a calendar year; and
vii)
The lot is serviced with an approved sewage disposal system; and
viii)
Except for a deck, no enclosures, roof-overs, extensions or additions
are constructed unless such structures have been specifically designed
or pre-engineered for the recreational vehicle by the manufacturer or
after-market manufacturer and are capable of being removed. No
such structures shall be permitted which have the effect of rendering
the recreational vehicle as a permanent structure or permanent
residential dwelling on a lot or site; and
ix)
One only detached private garage or accessory storage building or
structure may be constructed; and
x)
All of the zone standards for the respective zone are complied with
(i.e. lot area and frontage, yard setbacks and shoreline setbacks).
(m)The Municipality may impose a license fee as permitted pursuant to the
Municipal Act for the use of any recreational vehicle(s) on a vacant lot of
record.
(n) On a vacant lot of record exceeding 5 ha [12.3 ac.], one additional
recreational vehicle shall be permitted to be used for a period not exceeding a
total accumulated period of 30 days in a calendar year."
15. That By-law 2000-011 is amended by deleting Section 4.34 and replacing this section
with the following:
"4.34 Trans-Canada Pipelines
Development adjacent to the Trans-Canada Pipeline corridor or facility shall
comply with the construction and setback standards of Trans-Canada Pipelines and
more particularly, no permanent building or structure shall be located within 7 m
[22.9 ft.] of the pipeline right-of-way. Despite this requirements an accessory
structure as defined in this By-law may be located no closer than 3 m [9.84 ft.] from
the limit of the right-of-way."
16. That By-law 2000-011 is amended by adding the following new paragraph to the end of
Section 4.35: "A communications facility established by a public or private authority
shall be permitted in any Rural (R) Zone or Limited Service Rural (LSR) Zone,
provided the construction standard complies with the applicable provincial and
federal statutes and regulations and provided that the base of any freestanding
tower is set back a minimum of 30 m [98.4 ft.] from any lot line."
17. That By-law 2000-011 is amended by adding the following new Section to the General
provisions:
"Section 4.35A
Wind Turbine and Renewable Energy Undertaking
A renewable energy undertaking as defined in the Green Energy Act, 2009 shall be
governed in accordance with the provisions of that Act. The minimum setback for
any wind turbine not governed by the Green Energy Act, 2009 shall be 10 m [32.8
ft.]."
18. That By-law 2000-011 is amended by adding the following to the list of Permitted Uses
in Section 5.4.1:
"Ambulance facility
Antique store
Catering establishment
Continuum-of-Care Facility
Helipad
Heliport
Log hauling operation"
19. That By-law 2000-011 is amended by deleting "Nursing Home" and by reclassifying and
adding the following list of permitted uses in section 5.4.1 as Accessory Uses:
"Accessory Use
Bed and Breakfast
Day Nursery (private home)
Dwelling, Apartment-in-a-House (Granny Suite)
Farm Produce Outlet
Home Based Business
Kennel
Sleep Cabin
Studio"
20. That By-law 2000-011 is amended by changing the Minimum Lot Frontage in Section
5.4.2 (b) from "45 m (147.6 ft.)" to "30 m [98.4 ft.]" by adding the following new
standard to Sections 5.4.2 (a), (b) and (c): "Minimum separation distance between a
main building and an accessory building of 2 m [6.4 ft.]" and by deleting "as outlined
in Appendix 1 to this By-law" in Section 5.4.3 (a).
21. That By-law 2000-011 is amended by adding a new Section 5.4.4 as follows:
"5.4.4 Exception Zones
a) Despite the provisions of Section 5.4.2 b) and Section 4.20 (f), the
following lots shall be deemed to comply with the minimum lot area:
Part of Lot 15, Concession A, being Parcel 22226 (Roll No. 48 16
010 001 44601), geographic township of Cameron, having a lot
area of 0.226 ha [0.56 ac.]
Part of Lot 15, Concession 14, being Parcel 21518 (Roll No. 48 16
010 001 232), geographic township of Cameron, having a lot area
of 0.263 ha [0.65 ac.]
22. That By-law 2000-011 is amended by adding the following subsection to Sections 5.4.3
and 5.5.3: "A lot occupied by a dwelling unit, other than an agricultural use may be
used for the keeping of livestock up to one (1) nutrient unit provided the minimum
lot area shall be 4 ha [9.88 ac.] and provided any associated livestock facility of
manure storage facility complies with the Minimum Distance Formula I."
23. That By-law 2000-011 is amended by adding the following to the list of Permitted Uses
in Section 5.5.1: "Logging Operation".
24. That By-law 2000-011 is amended by reclassifying and adding the following list of
permitted uses in section 5.5.1 as Accessory Uses:
"Accessory Use
Bed and Breakfast
Dwelling, Apartment-in-a-House (Granny Suite)
Home Based Business
Sleep Cabin
Studio"
25. That By-law 2000-011 is amended by changing the Minimum Lot Frontage in Section
5.5.2 (a) from "45 m (147.6 ft.)" to "30 m [98.4 ft.]" by adding the following new
standard to Sections 5.5.2 (a) and (b): "Minimum separation distance between a main
building and an accessory building of 2 m [6.4 ft.]" and by deleting "as outlined in
Appendix 1 to this By-law" in Section 5.5.3 (a).
26. That By-law 2000-011 is amended by adding the following new standard to Sections
5.6.2 (a), 5.7.2 (a) and 5.8.2 (a): "Minimum separation distance between a main
building and an accessory building of 2 m [6.4 ft.]".
27. That By-law 2000-011 is amended by deleting Schedule "A" and substituting therewith, a
new Schedule "A".
28. That the adoption of this by-law shall be subject to the provisions of the Planning Act.