Comprehensive Zoning By-law 2020-05

Pembroke, Ontario · adopted 2020-01-21

This is the exact embedded text of the captured official document. Snapshot ed0b7976c8a9 · verified 2026-08-29 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

The Corporation of the City of Pembroke By-law Number 2020-05 A By-law to enact a Zoning By-law for the Corporation of the City of Pembroke and to repeal By-law 2010-57. Whereas on September 10th , 2010, the Council of the Corporation of the City of Pembroke enacted By-law 2010-57 to adopt the City of Pembroke Zoning By- law; And Whereas under Section 34(1) of the Planning Act, R.S.O., 1990, as amended, zoning by-laws may be passed to prohibit and regulate the use of land, buildings and structures; Now Therefore the Council of the Corporation of the City of Pembroke, in accordance with the provisions of the Planning Act, R.S.O., 1990, as amended, hereby enacts as follows: 1. That the City of Pembroke Zoning By-law, attached as Appendix "1 ", consisting of text and Schedules attached hereto, is hereby approved. 2. That Zoning By-law 2010-57, as amended, and all previous Comprehensive Zoning By-laws passed under Section 34 of the Planning Act or any predecessor thereof, are hereby repealed in their entirety. 3. This By-law shall come into force and take effect on the day of the final passing thereof. Passed and Enacted This 21 st Day of January 2020 Michaf3L8May~ Mayor /~ x~ Terryl.'.apierre Chief Administrative Officer/Clerk CITY OF PEMBROKE ZONING BY-LAW FINAL THE CORPORATION OF THE JANUARY 2020 By-law 2020-05 Appendix "1" PREPARED FOR: CITY OF PEMBROKE Colleen Sauriol Manager, Planning and Building Departments 1 Pembroke Street East Pembroke, ON K8A 3J5 T: 613.735.6821 x1301 E: [email protected] CITY OF PEMBROKE ZONING BY-LAW FINAL JANUARY 2020 IMAGE SOURCES: LEFT: PEMBROKE - "STEP BACK IN TIME" WALKING TOUR TOP: HTTP://WWW.PEMBROKE.CA MIDDLE TOP: "STEP BACK IN TIME" WALKING TOUR MIDDLE BOTTOM: "STEP BACK IN TIME" WALKING TOUR BOTTOM: PEMBROKE COMMUNITIES IN BLOOM 2012 PREPARED BY: WSP Anita Sott, MCIP, RPP Senior Planner and Nadia De Santi, MCIP, RPP Senior Project Manager 2611 Queensview Dr., Suite 300 Ottawa, ON K2B 8K2 T: 613.690.1114 E: [email protected] E: [email protected] PREPARED FOR: City of Pembroke Colleen Sauriol, Manager, Planning and Building Departments City of Pembroke 1 Pembroke Street East Pembroke, ON K8A 3J5 PREPARED BY: WSP 2611 Queensview Drive, Suite 300 Ottawa, ON K2B 8K2 T: (613) 829-2800 www.wsp.com The City of Pembroke Zoning By-law No. 2020-05 came into effect on _____________ ____, 2020. The following Table lists all of the City of Pembroke Zoning By-law Office Consolidations prepared to incorporate all amendments approved following _____________ ____, 2020. While every effort has been made to incorporate all approved amendments, the City of Pembroke does not warrant or guarantee that there are no errors or omissions in this Office Consolidation. This Office Consolidation has been prepared for the purpose of convenience only. For accurate reference, the original Zoning By-law and amendments thereto should be consulted. OFFICE CONSOLIDATION DATE The following Table lists all of the approved amendments to the City of Pembroke Zoning By-law following _____________ ____, 2020. BY-LAW NUMBER PASSED BY CITY COUNCIL CERTIFIED BY CITY CLERK / LPAT City of Pembroke Final Zoning By-law January 2020 i SECTION 1 ADMINISTRATION AND INTERPRETATION ....................................................... 1 1.1 Title ............................................................................................................................................... 1 1.2 Lands Subject to By-law ............................................................................................................... 1 1.3 Scope ............................................................................................................................................. 1 1.4 Validity ......................................................................................................................................... 1 1.5 Effective Date ............................................................................................................................... 1 1.6 Administrator ................................................................................................................................ 1 1.7 Other By-laws, Licenses, Permits, and Regulations ..................................................................... 1 1.8 Licenses and Permits ..................................................................................................................... 2 1.9 Inspection of Premises .................................................................................................................. 2 1.10 Offences ........................................................................................................................................ 3 1.11 Penalties ........................................................................................................................................ 4 1.12 Request for an Amendment........................................................................................................... 4 1.13 Applications and Plans .................................................................................................................. 4 1.14 Interpretation ................................................................................................................................. 5 1.15 Interpretation of Zoning Schedules and Zone Boundaries ............................................................ 6 1.16 Measurements, Photographs, and Illustrations.............................................................................. 7 1.17 References to Other Legislation .................................................................................................... 7 1.18 References to Other Agencies ....................................................................................................... 7 1.19 Repeal of Existing By-Laws ......................................................................................................... 8 SECTION 2 DEFINITIONS ................................................................................................................ 9 SECTION 3 GENERAL PROVISIONS ........................................................................................... 47 3.1 Accessory Uses ........................................................................................................................... 47 3.2 Accessory Residential Uses ........................................................................................................ 51 3.3 Bed and Breakfast Establishment Provisions .............................................................................. 54 3.4 Bicycle Parking Regulations ....................................................................................................... 55 3.5 Boarding and Lodging Houses .................................................................................................... 57 3.6 Buildings to be Moved ................................................................................................................ 58 3.7 Conflicting Standards .................................................................................................................. 58 3.8 Development and Redevelopment .............................................................................................. 58 3.9 Drive-Through Facility Regulations ........................................................................................... 58 3.10 Established Building Line ........................................................................................................... 59 3.11 Fences ......................................................................................................................................... 59 ii January 2020 City of Pembroke Final Zoning By-law 3.12 Frontage on Public Street ............................................................................................................ 60 3.13 Height Exceptions ....................................................................................................................... 60 3.14 Home Based Businesses.............................................................................................................. 61 3.15 Landscaped Open Space and Buffer Strips ................................................................................. 63 3.16 Loading Space Regulations ......................................................................................................... 64 3.17 Lots Containing More than One Use and Mixed Use Buildings ................................................. 66 3.18 Lots Divided into More Than One Zone ..................................................................................... 66 3.19 Municipal Services ...................................................................................................................... 66 3.20 Non-Complying Buildings, Structures and Lots ......................................................................... 66 3.21 Non-Conforming Uses ................................................................................................................ 67 3.22 Noxious Uses .............................................................................................................................. 68 3.23 Occupancy Restrictions............................................................................................................... 68 3.24 Open Storage ............................................................................................................................... 68 3.25 Outdoor Commercial Patio Regulations ..................................................................................... 69 3.26 Outdoor Furnace Regulations ..................................................................................................... 70 3.27 Outdoor Illumination .................................................................................................................. 70 3.28 Parks, Paths, Streets and Heritage Sites ...................................................................................... 70 3.29 Parking Regulations .................................................................................................................... 70 3.30 Public Uses .................................................................................................................................. 82 3.31 Signs ............................................................................................................................................ 82 3.32 Sight Triangles ............................................................................................................................ 83 3.33 Special Provisions for Automobile Service Stations, Gasoline Retail Facilities and Commercial Garages ................................................................................................................................................... 84 3.34 Special Separation Distances ...................................................................................................... 84 3.35 Temporary Uses .......................................................................................................................... 86 3.36 Through Lots ............................................................................................................................... 86 3.37 Trailer, Boat and Recreation Vehicle Storage............................................................................. 86 3.38 Vehicle Storage ........................................................................................................................... 87 3.39 Yard Encroachments Permitted .................................................................................................. 87 SECTION 4 ZONES ........................................................................................................................... 90 4.1 Classification ............................................................................................................................... 90 SECTION 5 RESIDENTIAL TYPE 1 ZONE (R1) .......................................................................... 91 5.1 Permitted Uses ............................................................................................................................ 91 5.2 Zone Provisions .......................................................................................................................... 91 5.3 Additional Provisions .................................................................................................................. 91 5.4 Special Exception Zones ............................................................................................................. 91 City of Pembroke Final Zoning By-law January 2020 iii SECTION 6 RESIDENTIAL TYPE 2 ZONE (R2) .......................................................................... 94 6.1 Permitted Uses ............................................................................................................................ 94 6.2 Zone Provisions .......................................................................................................................... 94 6.3 Additional Provisions .................................................................................................................. 95 6.4 Special Exception Zones ............................................................................................................. 96 SECTION 7 RESIDENTIAL TYPE 3 ZONE (R3) ........................................................................ 109 7.1 Permitted Uses .......................................................................................................................... 109 7.2 Zone Provisions ........................................................................................................................ 109 7.3 Additional Provisions ................................................................................................................ 111 7.4 Special Exception Zones ........................................................................................................... 111 SECTION 8 RESIDENTIAL TYPE 4 ZONE (R4) ........................................................................ 124 8.1 Permitted Uses .......................................................................................................................... 124 8.2 Zone Provisions ........................................................................................................................ 124 8.3 Additional Provisions ................................................................................................................ 127 8.4 Special Exception Zones ........................................................................................................... 127 SECTION 9 LOCAL COMMERCIAL ZONE (C1)...................................................................... 140 9.1 Permitted Uses .......................................................................................................................... 140 9.2 Zone Provisions ........................................................................................................................ 140 9.3 Additional Provisions ................................................................................................................ 140 9.4 Special Exception Zones ........................................................................................................... 141 SECTION 10 HIGHWAY COMMERCIAL ZONE (C2) ............................................................... 143 10.1 Permitted Uses .......................................................................................................................... 143 10.2 Zone Provisions ........................................................................................................................ 143 10.3 Additional Provisions ................................................................................................................ 144 10.4 Special Exception Zones ........................................................................................................... 145 SECTION 11 CENTRAL COMMERCIAL ZONE (C3) ................................................................ 155 11.1 Permitted Uses .......................................................................................................................... 155 11.2 Zone Provisions ........................................................................................................................ 155 11.3 Additional Provisions ................................................................................................................ 156 11.4 Special Exception Zones ........................................................................................................... 157 SECTION 12 SHOPPING CENTRE COMMERCIAL ZONE (C4) ............................................. 168 12.1 Permitted Uses .......................................................................................................................... 168 12.2 Zone Provisions ........................................................................................................................ 168 12.3 Additional Provisions ................................................................................................................ 168 12.4 Special Exception Zones ........................................................................................................... 170 SECTION 13 INSTITUTIONAL ZONE (I) ..................................................................................... 171 iv January 2020 City of Pembroke Final Zoning By-law 13.1 Permitted Uses .......................................................................................................................... 171 13.2 Zone Provisions ........................................................................................................................ 171 13.3 Additional Provisions ................................................................................................................ 172 13.4 Special Exception Zones ........................................................................................................... 173 SECTION 14 GENERAL INDUSTRIAL ZONE (M1) ................................................................... 181 14.1 Permitted Uses .......................................................................................................................... 181 14.2 Zone Provisions ........................................................................................................................ 181 14.3 Additional Provisions ................................................................................................................ 183 14.4 Special Exception Zones ........................................................................................................... 184 SECTION 15 ECONOMIC ENTERPRISE ZONE (M2) ................................................................ 187 15.1 Permitted Uses .......................................................................................................................... 187 15.2 Zone Provisions ........................................................................................................................ 187 15.3 Additional Provisions ................................................................................................................ 189 15.4 Special Exception Zones ........................................................................................................... 190 SECTION 16 FLOOD PLAIN ZONE (FP) ...................................................................................... 192 16.1 Permitted Uses .......................................................................................................................... 192 16.2 Zone Provisions ........................................................................................................................ 192 16.3 Additional Provisions ................................................................................................................ 192 16.4 Special Exception Zones ........................................................................................................... 192 SECTION 17 HAZARD ZONE (H) .................................................................................................. 193 17.1 Permitted Uses .......................................................................................................................... 193 17.2 Zone Provisions ........................................................................................................................ 193 17.3 Additional Provisions ................................................................................................................ 193 17.4 Special Exception Zones ........................................................................................................... 193 SECTION 18 OPEN SPACE ZONE (OS) ........................................................................................ 194 18.1 Permitted Uses .......................................................................................................................... 194 18.2 Zone Provisions ........................................................................................................................ 194 18.3 Additional Provisions ................................................................................................................ 194 18.4 Special Exception Zones ........................................................................................................... 194 SECTION 19 SCHEDULES .............................................................................................................. 195 City of Pembroke Final Zoning By-law January 2020 v This document is the City of Pembroke Zoning By-Law or By-Law Number 2020-05. This By-Law replaces all previous Zoning By-Laws of the City. The By-Law applies to all lands in the City of Pembroke, as identified on Schedules "A" and "B" to this By-Law. This By-Law regulates the use of land, and the character, location, and use of buildings and structures in the City. It states: - How land may be used; - Where buildings and other structures can be located; - The types of buildings that are permitted and how they may be used; and - The lot sizes and dimensions, parking and loading space requirements, building heights, and building setbacks from street, lot lines and other buildings. The Zoning By-Law is one of several tools used to implement the goals, objectives, and policies of the City of Pembroke Official Plan and the Provincial Policy Statement. This By-Law is a legal document enacted under the Planning Act and is used to ensure compatibility between buildings and land uses in the City and regulate development through standards that protect properties and communities from land use conflicts. The By-Law uses Zones to permit different types of land uses and regulates the erection of buildings and structures on those lands. Uses not listed as permitted uses in a Zone are prohibited. This Zoning By-Law contains text and Schedules. The text is divided into nineteen (19) sections: Section 1 - Administration and Interpretation: This Section 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. It identifies the legal parameters within which the By-Law functions. Section 2 - Definitions: This Section defines many of the words, terms and phrases used throughout the By-Law. The use of the By-Law is dependent upon an understanding of certain terms. Section 3 - General Provisions: This Section states the regulations which apply regardless of the specific zoning. The General Provisions regulate such matters as: parking, bicycle parking and loading space requirements, bed and breakfast establishments, home based businesses, street frontage requirements, drive-through operations, special separation distances, permitted height and yard exceptions, and accessory uses. Section 4 - Zones: This Section lists the Zones that are used in the By-Law and provides an explanation and interpretation of the use of the various Zones. Sections 5 to 18: These sections are the Zones that the City is divided into for the purpose of this By- Law. These include residential, commercial, institutional, industrial, hazard and open space Zones. These Sections detail the types of uses permitted on lands in the given Zone, the minimum and maximum provisions for the Zone, additional provisions for more specific controls for certain uses and buildings, and site-specific exceptions to the provisions of the Zone. Section 19 - Schedules: Schedules "A" and "B" divide the City into the Zones in Sections 5 to 18, and illustrate the boundaries of the Zones and landscape features such as streets, railways, and watercourses. Schedule "C" sets out fines and penalties related to offences under this By-law. vi January 2020 City of Pembroke Final Zoning By-law Step 1 - Locate Your Property and Determine the Zone Use the Zoning Schedules (maps) at the end of this document to locate the property you are interested in. Identify the Zone symbol that applies to that property. Zones include R1, R2, R3, R4, C1, C2, C3, C4, I, M1, M2, FP, H and OS. Step 2 - Determine What Uses are Permitted in the Zone Use the Permitted Uses Section of the Zone to determine what uses are permitted in the Zone you have identified. Find the use you are interested in. If you the use you are interested in is listed, it is permitted in the Zone. Otherwise, the use is not permitted in that Zone. Step 3 - Determine What Zone Provisions Apply Once the use is determined to be permitted, move to the Zone Provisions Section. This Section will indicate what the minimum requirements will be, e.g. minimum lot area, minimum lot frontage, maximum building height, etc. These standards will help you determine where you can locate a building or structure on your lot. Additional regulations may also be found in the Additional Provisions subsection of the Zone. Step 4 - Determine if any General Provisions Apply Development of the property may be affected by Section 3 General Provisions. General Provisions can apply to any property and Zone in the City. This Section contains provisions that apply to such matters as accessory uses, secondary dwelling units, height exceptions, home based businesses, parking requirements, landscaped open space, etc. Use this Section to determine how a particular land use, building, or structure might be affected. Step 5 - Clarify the Meaning of a Use Throughout the By-Law some words are shown in bold black script for convenience, as these words are defined in Section 2 Definitions. There may be instances in the text of this By-law where words are not bolded, but are defined in Section 2 Definitions; in this case, the definitions shall still apply. If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This By-law also contains illustrations and diagrams which are intended to help with understanding the definitions or provisions, but which do not form part of this By-law. In the event of a conflict between the illustrations and diagrams and the text of the Zoning By- law, the text shall prevail. City of Pembroke Final Zoning By-law January 2020 1 This By-law shall be known as the "City of Pembroke Zoning By-law" or By-law No. ____-__ of the Corporation of the City of Pembroke. The provisions of this By-law shall apply to all lands within the incorporated limits of the Corporation of the City of Pembroke, and which are identified as constituting the zoned areas on Schedules "A" and "B" to this By-law. No land shall be used and no building or structures shall be erected, altered, enlarged, or used within the municipal boundaries of the City of Pembroke except in conformity with the provisions of this By-law. If any Section, clause or provision of this By-law, including anything contained in the Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof other than the Section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining Sections, clauses or provisions of this By-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. This By-law shall come into effect on the day it is passed by Council subject to the appeal provisions of the Planning Act. This Zoning By-law is administered by the City Planner or delegate, or other such Zoning Administrator or Zoning Compliance Officer as may be appointed by Council, and a certified true copy is on file in the office of the Chief Administrative Officer of the City of Pembroke. Nothing in this By-law shall be construed to exempt any person from complying with any restrictions or regulations lawfully imposed by the Corporation of the City of Pembroke or any other government authority or agency having jurisdiction to make such restrictions or regulations, or from obtaining any permit, license, permission, or approval required by this or any other By-law or regulation of the Corporation or any other government authority or agency having jurisdiction to require such permit, license, permission, or approval. 2 January 2020 City of Pembroke Final Zoning By-law No change shall be made in the type of use of any land, building, or structure within any Zone covered by this By-law, without first obtaining a Certificate of Occupancy from the Municipality to the effect that the proposed use complies with this By-law. No municipal permit, certificate, or license shall be issued for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in contravention or any provision of this By-law. 1. The Council of the Municipality shall assign a Zoning Administrator, Zoning Compliance Officer and/or a By-law Enforcement Officer ("officer") as being responsible for the administration and enforcement of this By-law. 2. The officer, Building Inspector, or any employee of the City of Pembroke acting under the direction of Council, may, upon producing proper identification, enter and inspect any property at any reasonable time without a warrant for the purpose of inspecting the property to determine: a. Whether the property is in compliance with the By-law as set out; b. Whether any land has been used or any building or structure has been erected, altered, enlarged or used in violation of any of the provisions of this By-law; and c. Whether an order made under a specific section of the By-law has been complied with. 3. If any inspection, the officer finds that a property does not conform with any of the standards prescribed in this By-law, the officer may make an order: a. Stating the municipal address or the legal description of such property; b. Giving reasonable particulars of the contraventions needing to be rectified; c. Indicating a time for complying with the terms and conditions of the order and giving notice that, if the contravention is not rectified within that time, the Municipality may carry out the work indicated at the property owner's expense and be billed to their taxes; and d. Indicate the final date for giving notice of appeal from the order. 4. The order shall be served by means either personally to the property owner, by affixing it in a conspicuous location on the property, or by registered letter. Once sent by registered letter, the order shall be deemed served. 5. The order may be registered in the Land Registry Office and upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under provision (4) of this Section and, when the requirements of the order have been satisfied, the Clerk of the Municipality shall forthwith register in the Land Registry Office a certificate that such requirements have been City of Pembroke Final Zoning By-law January 2020 3 satisfied, which shall operate as a discharge of the order. 6. The order, as deemed to have been confirmed by the officer or as confirmed or modified by the Committee or, in the event of an appeal to the Judge as confirmed or modified by the Judge, shall be final and binding upon the owner and occupant who shall rectify the contravention and ensure the property is in compliance with the Zoning By-law by a manner specified in the order. 7. If the owner or occupant of the property fails to carry out the repairs specified in the order as confirmed or modified, the Corporation, in addition to all other remedies: a. Shall have the right to demolish or repair the property accordingly and for this purpose its servants and agents from time to time may enter in and upon the property; b. Shall not be liable to compensate such owner, occupant, or any person having an interest in the property by reason of anything done by or on behalf of the Corporation under the provisions of this Section; and c. The Municipality shall have a lien on the land for the amount spent to bring the property in to compliance with the Zoning By-law under provision 7(a) of this Section, and the amount shall be deemed to be municipal real property taxes and may be added by the Clerk of the Municipality to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. A person or corporation is guilty of an offence, as provided for in subsection 425(1) of the Municipal Act, 2001, as amended, if the person or corporation: a. Fails to comply with an order, direction, or other requirements made under this By-law; or b. Obstructs or attempts to obstruct an officer, or any person's action under an officer's instructions, in the lawful exercise of a power granted to them by this law. Every director or officer of a corporation who knowingly permits or concurs in the commission of an offence provided for in provision (1) of this Section is guilty of an offence. All offences provided for in this By-law are designated as continuing offences as provided for in Subsection 429(2)(a) of the Municipal Act, 2001, as amended. Any proceeding alleging an offence may be commenced pursuant to the Provincial Offences Act, or any successive legislation by: a. Filing a certificate of offence alleging the offence in the office of the court; b. Laying an information; or c. Any other means of commencing a proceeding that may be permitted in law from time to time by the Province of Ontario. 4 January 2020 City of Pembroke Final Zoning By-law Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. Further, where a proceeding is commenced by filing a certificate of offence alleging the offence in the office of the courts, a person or corporation who is convicted of an offence is liable, or each day or part of day that the offence continues, to the fine or penalties as set out in Schedule "C" of this By-law. Where a proceeding is commenced by laying an information or any other means of commencing a proceeding that may be permitted in law from time to time by the Province of Ontario: a. A person, other than a corporation, who is convicted of an offence is liable, for each day or part of day that the offence continues, to a fine of not more than $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence; and b. A corporation that is convicted of an offence is liable, for each day or part of day that the offence continues, to a fine of not more than $100,000 for the first offence and to a fine of not more than $200,000 for a subsequent offence. For the purpose of this By-law, an offence is a subsequent offence if there has been a previous conviction under this, or any prior Zoning By-law. If this By-law is contravened and an contravention is entered, in addition to any other remedy and to any penalty imposed by provisions (1) or (2) of this Section, the court in which the conviction is entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person, or corporation, convicted. Where an amendment to this Zoning By-law is requested by an Owner of land in the Municipality, the said owner shall complete and submit to the Municipality, prior to the request being considered, an application form for Amendment to the Zoning By-law and all information and material required in order for the Council of the City of Pembroke to make a decision. Where a minor variance to the provisions of Zoning By-law is requested by an owner of land in the Municipality, the said Owner shall complete and submit to the Municipality, prior to the request being considered, an application form for a Minor Variance to the provisions of the Zoning By-law and all information and material required in order for the Committee of Adjustment of the City of Pembroke to make a decision. In addition to the requirements of any Building By-law, every application for a building permit shall be accompanied by sufficient information, in an appropriate form, to determine whether or not the building or structure conforms with the requirements of this By-law. This shall include: 1. A plan in duplicate drawn to scale showing the true dimensions of the lot to be built on and used; the location, height, and dimensions of any existing or proposed building, structure, and use; the City of Pembroke Final Zoning By-law January 2020 5 location of any required setback, and the proposed location and dimension of any yard, landscaped open space, and off-street parking and loading required by this By-law; and 2. A statement signed by the Owner giving the exact use proposed for each building, structure, or the proposed use of the lot to determine whether such building, structure, or use conforms to this By- law. The provisions of this By-law shall be held to be the minimum requirements, except where the word maximum is used, in which case the maximum requirement shall apply. In this By-law the word 'shall' is mandatory. Unless otherwise specifically indicated, words in the singular include the plural and vice versa; words in the present tense include the future and vice versa; and the masculine includes the feminine and vice versa. In this By-law, the definitions and interpretations set out in Section 2 shall apply, unless the context clearly requires otherwise, and any words not specifically defined in this By-law shall carry their customary meaning. Building, Structure, and Use Classification The buildings, structures and uses specifically named as permitted uses in a particular Zone are the only uses permitted in the particular Zone in which they are named and classified. Suffixes The following suffixes may be used in conjunction with any Zone, in which case, the relevant provisions of the Special Exception Zones and Building, Structure and Use Classification Sections of this By-law will apply respectively: - -h holding zone - -(numeral) special exception zone - -ff flood fringe - -s unstable slope - -o municipal services - private services - -w water service only Special Exception Zones Where a Zone symbol is followed by a dash and a number (e.g. "M1-1"), the lands so designated shall be subject to all of the provisions of the Zone represented by such symbol, except as otherwise provided by the special exception provisions of the Zone. These special provisions are listed separately under the appropriate Zone (e.g. "M1") in the text of this By-law. Holding Zones a. Any parcel or area of land may be further classified as a holding zone with the addition of the suffix "-h". The intent is to signify Council's approval, in principle, of future development of the land for the purposes indicated by the symbol. The holding classification added to a given 6 January 2020 City of Pembroke Final Zoning By-law Zone shall restrict development of the land to existing uses until the requirements of the Official Plan related to removing holding zones have been met; and b. Where a holding zone applies, no lands shall be used and no buildings or structures shall be erected or used for any purpose other than those uses existing for such land, building or structure on the date of passing of this By-law. Any change from the holding status shall require an amendment to this By-law, and the Municipality may require that the applicant enter into an agreement for the development of his/her lands prior to the amendment being approved. Notwithstanding Section 3.19, where a Zone symbol is followed by a dash and the symbol 'o' (e.g. 'M2-o'), the lands so designated shall be subject to all of the provisions of the Zone represented by the symbol contained in the prefix. The suffix '-o' provides that such lands may be used where serviced by individual on-site sewage and water services until such time that Council determines that full municipal services are available; and Notwithstanding Section 3.19, where a Zone symbol is followed by a dash and the symbol 'w' (e.g. 'R1-w'), the lands so designated shall be subject to all of the provisions of the Zone represented by the symbol contained in the prefix. The suffix '-w' provides that such lands may be used where serviced by municipal water services and individual on-site sewage services until such time that Council determines that full municipal services are available. Flood Fringe Where a Zone symbol is followed by a dash and the symbol "ff" (e.g., "R4-ff"), the lands so designated shall be subject to all of the provisions of the Zone represented by the symbol contained in the prefix. The suffix, "-ff" requires that, in addition to those provisions, no lower level openings are permitted below 114.2 m [374.67 ft] C.G.D. Slope Stability Where a Zone symbol is followed by a dash and the symbol "s" (e.g., "C2-3-s"), the lands so designated shall be subject to all of the provisions of the Zone represented by the symbol contained in the prefix. The suffix, "-s" requires that, in addition to those provisions, no development (excluding fences and sheds less than 10 m2 [108 ft2] and retaining walls less than 1.2 m [4ft] high) shall be permitted within 30 m [98.42 ft] of the top of bank unless a supporting geotechnical study indicates that the setback can be reduced. In such cases the setback shall be that determined in the geotechnical report. The Zone boundaries are shown on Schedules "A" and "B" which form part of this By-law. The extent and boundaries of all Zones set out on Schedules "A" and "B" to this By-law shall be interpreted in accordance with the following provisions: Boundaries of Zones shall be construed, wherever possible, to be concurrent with lot lines, property boundaries, street lines, high water marks, top of bank, boundaries of rights-of-way for railways, hydro-electric transmission corridors or pipelines, boundaries of registered plans or municipal boundaries existing on the date of passing of this By-law. Where the boundaries of any Zone, as shown on the attached Schedules "A" and "B" are uncertain, the following provisions shall apply: City of Pembroke Final Zoning By-law January 2020 7 a. Where the boundary is indicated as following a highway, street, lane, railway right-of-way or other right-of-way, then the boundary shall be the centre line of such street, lane, railway, right- of-way or other right-of-way; b. Where the boundary is shown as approximately following a lot line or an extension of a lot line on a registered plan of subdivision or registered survey plan, the lot line or extension thereof shall be the boundary; c. Where the boundary is shown as approximately following a watercourse or water body, then the high water mark shall be the boundary where no flood plain mapping exists. In the case where 1:100 year is available, the boundary shall be the 1:100 year Floodline; d. In the event a highway, street, lane or right-of-way shown on Schedule "A" or "B" is closed, the property formerly in said highway, street, lane or right-of-way shall be included within the zone of the adjoining property on either side of the said closed highway, street, lane or right- of-way, and the boundary shall be the former centre line of said closed highway, street, lane or right-of-way; e. Wherever it occurs, the municipal limit of the City of Pembroke is the boundary of the Zone adjacent to it. Where uncertainty exists as to the location of a Zone boundary on Schedules "A" and "B" to this By- law or on a Schedule to any amendment to this By-law, or a Zone boundary is not clearly shown on such Schedule or cannot be determined in accordance with provisions (1) and (2) of this Section, the location of such Zone boundary shall be measured on the Schedule at the scale of such Schedule, in consultation with City staff, and shall be deemed to be the centre point of the line on such Schedule which denotes the said boundary. Where a Zone boundary in shown on Schedules "A" and "B" to this By-law, the Zone symbol within the boundary shall apply to all lands within such boundary. Measurements contained in this By-law are in metric units only. Where imperial units appear, such units do not form part of this By-law; they are to be considered as ancillary information and are provided only for the convenience of the reader; and Photographs and illustrations contained in this By-law are for illustrative purposes only and do not form part of this By-law. Where this By-law makes reference to legislation of the Government of Canada or the Government of Ontario, such references shall be deemed to include any and all amendments or successors thereof or regulations thereunder. Where this By-law makes reference to the jurisdiction of a public agency, and where the name or 8 January 2020 City of Pembroke Final Zoning By-law responsibilities of such public agency are changed hereafter, the said reference shall be deemed to include any and all successors to such public agency having jurisdiction over the matters to which the said reference applies. The following By-laws passed pursuant to Section 34 of the Planning Act (R.S.O. 1990., c.13 or predecessor thereof and amendments thereto) are hereby repealed and such repeal shall come into effect upon the date this By-law comes into force: - By-law 2010-57 and amendments thereto. City of Pembroke Final Zoning By-law January 2020 9 For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. Furthermore, in this By-law the word "shall" is mandatory and not directory. Unless otherwise specifically indicated, words in the singular include the plural and vice versa; words in the present tense include the future and vice versa; and the masculine includes the feminine and vice versa. ACCESSORY, when used to describe a use, building or structure, shall mean a use, a building or a structure that is normally incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. For an accessory building or structure, it shall also be detached from the main building. Accessory buildings and structures shall be uninhabitable unless specifically stated otherwise. ACCESSORY BUILDING - see ACCESSORY ACCESSORY STRUCTURE - see ACCESSORY ADULT ENTERTAINMENT PARLOUR shall mean any premises or part thereof in which is provided, in pursuance of a trade, calling, business, occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations. ADVERSE EFFECTS shall mean, in accordance with the Environmental Protection Act, as amended, one or more of: a. Impairment of the quality of the natural environment for any use that can be made of it; b. Injury or damage to property or plant and animal life; c. Harm or material discomfort to any person; d. An adverse affect on the health of any person; e. Impairment of the safety of any person; f. Rendering any property or plant or animal life unfit for human use; g. Loss of enjoyment of normal use of property; and h. Interference with normal conduct of business. AGGREGATE shall mean 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 growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, 10 January 2020 City of Pembroke Final Zoning By-law including accommodation for full-time farm labour when the size of the operation requires additional employment. Agricultural use shall not be construed to include commercial or industrial activities related to agriculture such as abattoirs, tanneries, grain drying and sale outlets, manufacturing or processing activities involving farm crops or animal products. For the purposes of this By-law, the definition of agricultural use does not include a cannabis production facility. AGRICULTURE-RELATED USES shall mean those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation, support agriculture, benefit from being in close proximity to the farm operation, and provide direct products and/or services to the farm operation as a primary activity. AISLE shall mean the travelled way by which motor vehicles enter and depart parking spaces. AISLE, BARRIER-FREE ACCESS shall mean an unobstructed and demarcated area with a minimum width of 1.5 m that is located parallel and adjacent to the length of a barrier-free parking space, for the purposes of allowing persons with disabilities to get in and out of their motor vehicles. ALTER in reference to: a. A building or structure or part thereof, shall mean to change any one (1) or more of the external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof, or to change the use of such building or structure or the types of uses or the number or types of dwelling units contained therein; and b. A lot shall mean to decrease the width, depth or area thereof or to decrease the width, depth or area of any required yard, landscaped open space or parking area, or to change the location of any boundary of such lot in relation to a public highway or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise, or to change the use of such lot or the number of uses located thereon. The words "altered" and "alteration" shall have corresponding meanings. AMBULANCE FACILITY shall mean a place where professional paramedics and personnel are stationed and their vehicles and equipment are kept. ANIMAL DAY CARE ESTABLISHMENT shall mean an establishment where the caring, grooming, or training of household pets occurs on a short-term basis (less than 12 hours within a 24-hour period) during daytime hours. For the purposes of this By-law, the definition of animal day care establishment shall not include an animal hospital, kennel, or veterinary hospital. ANIMAL HOSPITAL shall mean a building or part thereof used by a veterinary surgeon where companion domestic animals (household pets) and birds are kept for examination and/or treatment, including surgery, and where veterinary drugs and other related products, including pet food, may be sold. The treatment of livestock (cattle, horses, etc.) is specifically excluded. The definition of animal hospital shall not include an animal day care establishment, kennel, or veterinary hospital. APARTMENT BUILDING - see DWELLING, APARTMENT AREA - see LOT AREA City of Pembroke Final Zoning By-law January 2020 11 ART GALLERY shall mean a building, or part thereof, where paintings, sculptures, photographs or other works of art are exhibited and/or sold. ASSEMBLY HALL - see PLACE OF ASSEMBLY ASSEMBLY PLANT shall mean a building(s) or structure(s) used for the manufacture and/or assembly of goods, wares, parts, machinery, or other such articles, finished or unfinished, and accessory storage, open or enclosed, of raw materials and end products, and may include an accessory retail outlet of no more than 10% in gross floor area of the plant or 110 m2 [1,184.03 ft2], whichever is less. ATTACHED shall mean a building or structure otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with adjacent buildings or structures. ATTIC shall mean the portion of a building situated wholly or in part within the roof and which is not a one-half storey. AUTOMOBILE BODY SHOP shall mean a building or structure used for the painting or repairing of automobile bodies or fenders, but shall not include an automobile wrecking yard or salvage yard. AUTOMOBILE RENTAL ESTABLISHMENT shall mean a place where motor vehicles are stored and rented out to the general public and may include facilities or open areas for the storage and/or display of vehicles and facilities for the maintenance of such vehicles. For the purposes of this By-law, the definition of automobile rental establishment does not include heavy equipment and vehicles, rental, and servicing. AUTOMOBILE REPAIR SHOP - see GARAGE, COMMERCIAL AUTOMOBILE SALES ESTABLISHMENT shall mean a place where new and/or used motor vehicles are kept for display, lease and/or sale. For the purposes of this By-law, the definition of automobile sales establishment does not include heavy equipment and vehicles, rental, and servicing. AUTOMOBILE SERVICE STATION shall mean a place where fuel, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs and batteries for motor vehicles, and new retail goods are stored or kept for sale, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor or running repairs essential to the actual operation of motor vehicles are executed or performed, but where no other activities of a public garage are carried on. An automobile service station shall not include an automatic car wash or any other use otherwise defined herein, unless such use is specifically permitted in the zone. AUTOMOTIVE STORE shall mean a retail establishment primarily engaged in the retail sale of vehicle parts, accessories and tools. Accessory uses may include service bays for performing maintenance and repair operations on motor vehicles. This definition shall not include any establishment otherwise defined herein or specifically named elsewhere in this By-law. BACHELOR DWELLING UNIT - see DWELLING UNIT, BACHELOR 12 January 2020 City of Pembroke Final Zoning By-law BAKERY shall mean a building or part thereof for producing, mixing, compounding or baking bread, biscuits, cakes or other baked products and may include an accessory retail store which sells baked goods manufactured on the premises. BANQUET HALL - see PLACE OF ASSEMBLY BAR - see TAVERN BARBER SHOP - see PERSONAL SERVICES ESTABLISHMENT BARRIER-FREE ACCESS AISLE - see AISLE, BARRIER-FREE ACCESS BARRIER-FREE PARKING SPACE - see PARKING SPACE, BARRIER-FREE BASEMENT shall mean that portion of a building between two (2) floor levels which is partly underground but which has at least one-half of its height from finished floor to finished ceiling above the average level of ground adjacent to the exterior walls of the building (see Figure 2-1). Figure 2-1: Illustration of Basement BED AND BREAKFAST ESTABLISHMENT shall mean an establishment accessory to the main residential use of a single detached or semi-detached dwelling in which no more than three (3) bedrooms or one (1) less than the total number of bedrooms in the dwelling unit, whichever is lesser, are used to provide overnight accommodation, for profit or gain, with or without meals, to the traveling or vacationing public. The definition of a bed and breakfast shall not include a boarding house, a rooming house, hostel, hotel or motel. BEER STORE - see RETAIL STORE BINGO HALL shall mean a building or part thereof where the game of bingo is played and that is licensed by the Ontario Lottery and Gaming Commission. A bingo hall may include facilities for providing patrons with food and beverages including alcohol beverages. BOARDING HOUSE - see DWELLING, BOARDING OR LODGING HOUSE BOAT HOUSE shall mean a building used for the storage of no more than two (2) boats and boating equipment associated thereto. A boat house does not include a dwelling. BROADCASTING STUDIO shall mean an establishment where radio or television programs are recorded. The definition of broadcasting studio shall not include studio as defined herein. City of Pembroke Final Zoning By-law January 2020 13 BUFFER STRIP shall mean an area of land intended to separate two (2) adjacent land uses or properties from one another, and used for no other purpose than for the erection of a fence, or the planting and maintaining of a continuous row of natural evergreens or a continuous unpierced hedgerow of natural shrubs, and the remainder of which is to be used for landscaped open space (see Figure 2-2). Figure 2-2: Illustration of Buffer Strip Example BUILDING shall mean a structure, whether temporary or permanent, consisting of a wall, roof and floor or any of them used or intended for sheltering any use or occupancy, but shall not include a fence on a boundary wall. The word 'building' shall include the whole of such structure or part thereof and shall include any building types as regulated by the Ontario Building Code. BUILDING BY-LAW shall mean any building by-law of the Corporation and its amendments thereto. BUILDING ENVELOPE shall mean the building area on a lot, as defined by all the required yards, setbacks and applicable separation distances applying to such lot and/or building or structure, within which a building or structure can be erected. BUILDING CONTRACTOR'S SHOP shall mean a place of business for persons employed in building trades such as painting, plumbing, electrical work, masonry, metal working and carpentry or truck, bulldozer, loader and backhoe operating and such place of business may be used for the storage of equipment, materials and vehicles which are used on construction sites and may include such related uses as office space, or maintenance facilities, but shall not include a retail business, sales counter nor a wholesale business. BUILDING HEIGHT - see HEIGHT BUILDING INSPECTOR shall mean an officer or employee of the Corporation charged with the duty of enforcing the provisions of building by-laws of the Corporation (see also CHIEF BUILDING OFFICIAL). BUILDING LINE shall mean a line within a lot drawn parallel to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected. BUILDING, MAIN shall mean the building or structure in which is conducted the principal use for 14 January 2020 City of Pembroke Final Zoning By-law which the lot is used. BUILDING, MIXED USE - see MIXED USE BUILDING BUILDING SUPPLY OUTLET shall mean a commercial place engaged in the selling or installing of building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning, home improvements and similar items. This definition shall not include any establishment otherwise defined herein or specifically named elsewhere in this By-law. BULK SALES ESTABLISHMENT shall mean a place used for the purpose of storing, buying and selling coal, fuel, oil, propane, wood, lumber, building materials, ice and allied chemicals but does not include any manufacturing, assembling or processing uses. BUS TERMINAL shall mean a place where commercial vehicles pick up and discharge fare-paying, intercity passengers. Accessory uses may include ticket offices, restaurants, luggage checking, and other such facilities. CALL CENTRE shall mean a building or part thereof where incoming and/or outgoing calls are handled by people, telephones and computers which are related to customer support, credit services, card services, telemarketing, interactive voice response or similar services. CAMPGROUND shall mean an area used for a range of overnight camping experiences, from tenting to serviced recreational vehicle sites, including accessory facilities which support the use, such as administration offices, laundry facilities, but not including the use of mobile homes or trailers on a year- round basis. CAMPSITE shall mean a plot or parcel of land within a campground intended for the exclusive temporary occupancy by a recreational vehicle, tent or similar transportable accommodation together with all yards and open space and may include on-site services such as a fire pit, hydro, water and sewage disposal. CANNABIS shall mean the cannabis plant and anything referred to in Schedule 1 of the Cannabis Act, S.C. 2018, c. 16, as amended. CANNABIS PRODUCTION FACILITY shall mean a building used for growing, producing, processing, testing, destroying, storing, packaging and/or distribution of medical and/or recreational cannabis authorized by a federally issued license or registration. For purpose of clarification, no part of this operation, whether accessory or not, may be located outside. CAR SHELTER - see TEMPORARY SHELTER CAR WASH shall mean a building or structure containing facilities for washing vehicles either using production line methods and mechanical devices or by a self-service operation. CARE SERVICES shall mean: a. Health care services; or City of Pembroke Final Zoning By-law January 2020 15 b. Rehabilitative or therapeutic services; or c. Services to provide assistance with activities of daily living. CARPORT shall mean a covered parking area which is unenclosed on at least two (2) sides. CATERING ESTABLISHMENT shall mean 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 for take-out. CELLAR shall mean that portion of a building between two (2) floor levels which is partly or wholly underground but which has more than one-half of its height from finished floor to finished ceiling below the average level of ground adjacent to the exterior walls of the building. CEMETERY shall mean land set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains and is governed by the Cemeteries Act. CHARITABLE OFFICE - means an office of an organization established and operated for charitable purposes, and must devote its resources to charitable activities. (2013-46) CHIEF BUILDING OFFICIAL shall mean an officer or employee of the Corporation of the City of Pembroke appointed to enforce the provisions of the Building Code Act. CHILDREN'S PLAY AREA shall mean an area, at or above ground level, developed with play equipment and suitably surfaced and fenced or otherwise enclosed for play by young children. CHURCH - see PLACE OF WORSHIP CITY shall mean the Corporation of the City of Pembroke. CLASS I INDUSTRY - see INDUSTRY, CLASS I - LIGHT INDUSTRIAL CLASS II INDUSTRY - see INDUSTRY, CLASS II - MEDIUM INDUSTRIAL CLASS III INDUSTRY - see INDUSTRY, CLASS III - HEAVY INDUSTRIAL CLINIC- see MEDICAL CLINIC CLUB, COMMERCIAL - see HEALTH CLUB CLUSTER HOUSING shall mean two (2) or more separate triplex, quadruplex, row and/or apartment dwellings located on the same lot. COMMERCIAL GARAGE - see GARAGE, COMMERCIAL COMMERCIAL GREENHOUSE shall mean a commercial place 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, and does not include a cannabis production facility. 16 January 2020 City of Pembroke Final Zoning By-law COMMERCIAL PARKING LOT - see PARKING LOT COMMERCIAL USE shall mean the use of land, building or structure primarily for the purpose of buying, renting and/or selling commodities or the supplying of services for remuneration, gain or profit directly to the public, and includes but is not limited to retail sales, entertainment services and personal or professional services. COMMERCIAL ZONE shall mean the Local Commercial (C1), Highway Commercial (C2), Central Commercial (C3) and Shopping Centre Commercial (C4) Zones. COMMUNICATIONS FACILITY shall mean an installation which transmits, receives and/or relays communications such as a microwave or satellite relay tower, telephone or telegraph line, cellular telephone tower, radio or television broadcast tower or similar facility. COMMUNITY CENTRE shall mean place 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. COMMUNITY SUPPORT SERVICES - An organized system of care to assist adults and youth with the supports necessary to assist the recipient in achieving and maintaining health, rehabilitative and recovery goals. (2013-46) COMPUTER SERVICE shall mean a place where computer facilities are provided on a rental, leasing or time sharing basis, and where programme development and computer consulting services are provided. CONDOMINIUM shall mean a lot on which each individual dwelling, commercial or industrial unit is held in separate ownership and all floor space, facilities, outdoor areas and other such areas used in common by all tenants are owned, administered and maintained by a corporation created to the provisions of the Condominium Act. A condominium may be for a residential, commercial or industrial use. CONSERVATION USE shall mean land used solely for the preservation and enhancement of the natural environment and may include a conservation area. CONSTRUCTION EQUIPMENT STORAGE YARD shall mean lands used for the outdoor storage of construction equipment, including heavy vehicles. CONTINUUM-OF-CARE HOME shall mean a building or part thereof maintained and operated for persons requiring routine or regular assistance or care services, and where such accommodation is provided to two (2) or more unrelated persons who are not related to the operator of the facility. Such an establishment may include a nursing home, rest home, care home, home for the aged, long-term care facility or other similar facility, and may include facilities for meals, medical care, entertainment and recreation. The definition of continuum-of-care home shall not include a retirement home dwelling. CONVENIENCE STORE shall mean a commercial establishment in a building or part thereof that sells convenience goods and items for day-to-day personal or household use or necessity including food, beverages, on-the-shelf pharmaceutical drugs, limited hardware products, tobacco products, periodicals, videos and other such products. For the purpose of this By-law, a convenience store is not classified as a retail store as defined herein. CONVENTION CENTRE - See PLACE OF ASSEMBLY City of Pembroke Final Zoning By-law January 2020 17 CORNER LOT - see LOT, CORNER CORPORATION shall mean the Corporation of the City of Pembroke. COUNCIL shall mean the Municipal Council of the Corporation of the City of Pembroke. COUNTY shall mean the Corporation of the County of Renfrew. COVERAGE - see LOT COVERAGE CRAFT BREWERY shall mean a building used for the production of beer or wine on a small scale, and may include tasting and dining facilities and the retail sale of related products as accessory uses. For the purpose of this By-law, the definition of a craft brewery shall include a nanobrewery and a microbrewery. CRAFT DISTILLERY shall mean a building used for the production of spirits on a small scale, and may include tasting and dining facilities and the retail sale of related products as accessory uses. For the purpose of this By-law, the definition of a craft distillery shall include a nanodistillery and a microdistillery. CUSTOM WORKSHOP shall mean a building used for the manufacture, production or fabrication of individual custom productions of drapes and slipcovers, venetian blinds, handmade leather goods, millinery, orthopaedic and prosthetic appliances, weaving, awnings, gold and silver engraving and other non-offensive, non-dangerous custom production of any article or thing, but does not include any factory production or any shop or factory otherwise classified or defined in this By-law. It shall also mean a shop, whether conducted in conjunction with a retail store or not for servicing or repairing radio and television receivers, vacuum cleaners, refrigerators, washing machines, sewing machines and other domestic appliances, musical instruments, sound and public address systems, cameras, toys, jewellery, watches, clocks, safes and locks, bicycles, wheel chairs, and any other like articles, and for fabric mending, window-glazing, metal replating, mirror resilvering, or other repairing, painting and refinishing furniture, and other household goods, and includes a key shop, a custom picture framing shop, the business of renting pianos, tents, canopies, chairs, coin machines, costumes, uniforms, bicycles, sound and public address systems and other like articles and equipment. DAY CARE CENTRE shall mean a residence (single dwelling unit) that receives not more than five (5) children, for temporary care and guidance, for a continuous period which does not exceed twenty-four (24) hours. DAY NURSERY shall mean an establishment governed by the Day Nurseries Act that receives six (6) or more children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four (24) hours. DECK shall mean a structure which is constructed on piers or a foundation above-grade for use as an outdoor leisure area. DENSITY means the ratio of the number of dwelling units to the lot area. 18 January 2020 City of Pembroke Final Zoning By-law DEPTH - see LOT DEPTH DETACHED when used in reference to a building or structure, shall mean a building or structure which is not dependent on any other building or structure for structural support or enclosure. DEVELOPMENT shall mean 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. DOCK shall mean a structure located partially on land and mostly on water used for the mooring of water vehicles and airplanes and the transferring of goods or passengers to or from a water vehicle or airplane and which is designed to float freely on the surface of the water body and which may be secured to the shoreline or is secured to the bottom of the water body by concrete, metal or wood pillars or such other foundation. DRINKING WATER SYSTEM shall mean a system of works, excluding plumbing, that is established for the purpose of providing users of the system with drinking water and that includes: a. Any thing used for the collection, production, treatment, storage, supply or distribution of water; b. Any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the treatment system; and c. A well or intake that serves as the source or entry point of raw water supply for the system DRIVEWAY shall mean a vehicular access connected to a street or road or thoroughfare, which provides ingress to and/or egress from a lot, and may include a shared driveway but shall not include a lane as defined herein. DRIVE-THROUGH FACILITY shall mean a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in vehicles that are in a designated queuing space, and may be in combination with other land uses. DRUG ADDICTION CLINIC shall mean a building or part thereof used by medical professionals, their staff and their patients, for the primary purpose of treatment of addiction to narcotics such as alcohol, heroin and opiates, and including associated technician and laboratory facilities. DRY CLEANING ESTABLISHMENT shall mean a building or part thereof in which the business of dry cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is carried on and which may include a self-service dry cleaning establishment. DWELLING shall mean a building, or part thereof in the case of a mixed-use building, that is used or designed to be occupied exclusively as a home or residence and where one (1) or more persons may sleep and prepare and serve meals, but shall not include hotels, motels, boarding houses or institutional uses. A dwelling contains one (1) or more dwelling units. DWELLING, APARTMENT shall mean a building that contains four (4) or more apartment dwelling units and that has one (1) or more common entrances from street level and may be served by common City of Pembroke Final Zoning By-law January 2020 19 corridors, and the occupants of such apartment building dwelling have the right to use in common, the corridors, stairs, elevators, yards and such similar facilities and equipment (see Figure 2-3). The definition of an apartment dwelling shall not include a quadruplex dwelling and shall not include any other type of dwelling defined in this By-law. DWELLING, BOARDING OR LODGING HOUSE means a building or part of a building, containing three (3) to six (6) lodging units, which does not appear to function as a dwelling unit, although one may be included with the lodging units. It includes, without limitation, a rooming house and a boarding house, a fraternity house or sorority house. It does not include a hotel, hospital, group home, bed and breakfast establishment, nursing home, or retirement home. REPEALED PREVIOUS DEFINITION (2013-46) DWELLING, CONVERTED shall mean a dwelling originally designed as a single detached dwelling which has been altered or converted so as to provide therein not more than four (4) dwelling units with or without separate entrances, none of which shall be located in the cellar of the dwelling but which may be located in the basement. Where a dwelling meets the definition of a semi-detached dwelling, duplex dwelling, triplex dwelling, or quadruplex dwelling, such dwelling shall be classified as such and shall not be classified as a converted dwelling. DWELLING, DUPLEX shall mean a building that is divided horizontally into two (2) dwelling units, each of which has an independent principal entrance either directly or through a common vestibule (see Figure 2-3). DWELLING, LODGING UNIT means one or more rooms rented or leased to an individual(s) within a building. The lodging unit is used for sleeping accommodations. Lodging units may contain cooking or washroom facilities within the unit but not both. (2013-46) DWELLING, QUADRUPLEX shall mean a building that is divided both vertically and horizontally into four (4) separate dwelling units, each of which has an independent principal entrance either directly or through a common vestibule (see Figure 2-3). DWELLING, RETIREMENT HOME shall means a residential building containing dwelling units, providing residence primarily to senior citizens who do not require assistance with daily living, and which may provide ancillary health, personal service, and recreational services to serve the residents of the home. The definition of retirement home dwelling shall not include a continuum-of-care home. DWELLING, ROW shall mean a building consisting of a series of three (3) or more dwelling units, but not more than eight (8) units, in a continuous row divided vertically into separate units by common walls above grade, and where each unit has an independent principal entrance (see Figure 2-3). For the purposes of this By-law, a townhouse dwelling is considered to be a row dwelling. DWELLING, SEMI-DETACHED shall mean a building on a single foundation that is divided vertically into two (2) separate dwelling units that have no direct access between each other, each unit of which has an independent principal entrance, either directly or through a common vestibule (see Figure 2-3). DWELLING, SINGLE DETACHED shall mean a detached building containing only one (1) main dwelling unit (see Figure 2-3). DWELLING, TRIPLEX shall mean a building that is divided horizontally into three (3) separate dwelling units, each of which has an independent principal entrance either directly or through a common 20 January 2020 City of Pembroke Final Zoning By-law vestibule (see Figure 2-3). DWELLING UNIT shall mean a building or a portion thereof, depending on the type of dwelling, occupied or capable of being occupied as the home or residence of one (1) or more persons, where food preparation and sanitary facilities are provided, but shall not include any part of a boarding house, hotel, motel, rental cottage or cabin, or similar commercial use of a private or semi-private institution. Examples of dwelling units include a single detached dwelling, an apartment in an apartment dwelling building, a unit in a row dwelling, and a dwelling accessory to a commercial or industrial use. Garden suites shall not be considered dwelling units. DWELLING UNIT, ACCESSORY shall mean a dwelling unit accessory to a permitted non-residential use on the same lot and occupied by either an owner of such lot or by a person employed thereon. DWELLING UNIT, BACHELOR shall mean a dwelling unit occupied or capable of being occupied as the home or residence of one (1) or more persons consisting of not more than one (1) bathroom and not more than two (2) habitable rooms providing therein living, dining, sleeping and kitchen accommodation in appropriate individual or combination room or rooms. DWELLING UNIT, SECONDARY shall mean a self-contained dwelling unit which is secondary to a main dwelling unit and which is contained within a single detached dwelling, semi-detached dwelling, or row dwelling, or which is contained in a building or structure ancillary to a single detached dwelling, semi-detached dwelling, or row dwelling (see Figure 2-3). DWELLING UNIT AREA shall mean the habitable area contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch, veranda, unfinished attic, or sun room (unless such sun room is habitable in all seasons of the year); and excluding public or common halls or areas, stairways and the thickness of outside walls. Figure 2-3: Illustration of Dwelling Types DWELLING, APARTMENT DWELLING, DUPLEX DWELLING, QUADRUPLEX DWELLING, ROW DWELLING, SEMI-DETACHED DWELLING, SINGLE DETACHED City of Pembroke Final Zoning By-law January 2020 21 DWELLING, TRIPLEX DWELLING UNIT, SECONDARY (Examples in basement [left] and upper-storey [right]; Source: Ministry of Municipal Affairs, September 24, 2019, "Adding a Second Unit in an Existing House, Ontario Building Code Information") EATING ESTABLISHMENT shall mean a building or part thereof where food is offered for sale or sold to the public for immediate consumption. EATING ESTABLISHMENT, TAKE-OUT shall mean an eating establishment that does not have seating capacity for diners and instead sells food and beverages over the counter for pick-up by the consumer for consumption off of the premises. EDUCATIONAL FACILITY shall mean training or instructional facilities including classrooms, seminar rooms and similar facilities, but shall not include a school, post-secondary educational institution or any other use defined herein. EMPLOYEE shall mean a person who performs work or supplies services to an employer for a fee, salary or wage. EQUIPMENT RENTAL ESTABLISHMENT shall mean a place wherein the primary use is the rental of machinery, equipment, furniture and fixtures and other goods. ERECT, when used in this By-law, shall mean to build, construct, reconstruct, remove or relocate, and, without limiting the generality of the work, also includes: a. Any preliminary physical operation, such as cutting, grading, excavating, filling or draining; b. Altering any existing building or structure by an addition, enlargement, extension or other exterior structural change; and c. Any work for the doing of which a building permit is required under the Ontario Building Code Act. ERECTED and ERECTION shall have corresponding meanings. ESTABLISHED BUILDING LINE shall mean the average setback from the street line of a street of at least two (2) existing buildings that were erected lawfully located on lots having street frontage upon the same side of the street, provided such buildings are located on the same block and within a continuous strip of land that does not exceed 75 m [246.06 ft]. Where a vacant lot exists within the continuous strip 22 January 2020 City of Pembroke Final Zoning By-law of land, the setback required by the zone shall be used in the calculation of the established building line. EXISTING shall mean existing on the date of final passing of this By-law. EXTERIOR SIDE LOT LINE - see LOT LINE, EXTERIOR SIDE EXTERIOR SIDE WALL shall mean the exterior wall of a residential use building that is not a permitted projection or an attached garage or carport, which is located closest to the exterior side lot line. EXTERIOR SIDE YARD - see YARD, EXTERIOR SIDE FARM shall mean any agricultural use and includes apiaries, aviaries, berry or bush crops, breeding, raising, training or boarding of horses or cattle, farms devoted to the hatching, raising and marketing of chickens, turkeys or other fowl or game birds, animals, fish or frogs, farms for grazing, flower gardening, field crops, goat or cattle dairies, growing, raising, picking, treating and storing of vegetables or fruit produced on the premises, nurseries, orchards, riding stables, the raising of sheep or uses or enterprises as are customarily carried on in the field of general agriculture. Without limiting the generality of the foregoing, a farm may include a single detached dwelling, and such principal or main buildings and structures as a barn or silo, as well as accessory buildings and structures which are incidental to the operation of the farm. FARMER'S MARKET - see FLEA MARKET FENCE shall mean 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. FINANCIAL INSTITUTION shall mean premises in which financial services are offered to the public, other than exclusively through an automated banking machine, and includes a bank, credit union, trust company, savings office or any other retail banking operation. For the purposes of this By-law, the definition of financial institution shall not include a payday loan establishment. FINISHED GRADE shall mean: a. When used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the building; b. When used with reference to a structure, shall mean the average elevation surrounding such structure; and c. When used with reference to a street, road or highway, means the elevation of the street, road or highway established by the Corporation or other designated authority. FIRST STOREY - see STOREY, FIRST FITNESS CLUB - see HEALTH CLUB City of Pembroke Final Zoning By-law January 2020 23 FLEA MARKET shall mean a building or open area on a lot in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, home-grown, handcrafted, old, obsolete or antique and may include the selling of goods at retail by businesses or individuals who generally engage in retail trade, and shall also include a farmer's market. FLOOD LINE shall mean a line established by a one in one hundred (1:100) year flood event which is determined by flood plain mapping (see Figure 2-4). FLOOD FRINGE shall mean the outer portion of the flood plain where the two-zone concept applies. The one hundred year flood flood fringe for the Pembroke section of the Ottawa River (Allumette Lake) has been established at the 113.9 m [373.7 ft] GSC datum (see Figure 2-4). FLOOD PLAIN shall mean, for river stream and small inland lake systems, the area, usually low lands adjoining a watercourse or water body, which has been or may be subject to flooding hazards (see Figure 2-4). FLOOD PROOFED shall mean the measures taken to ensure that a building or structure is safe from the effects of flooding to an elevation of 114.2 m [374.67 ft] CGD. FLOODING HAZARD shall mean the inundation of areas adjacent to a shoreline or a river or stream system and not ordinarily covered by water. Along river, streams and small inland lake systems, the flooding hazard limit is the one hundred year flood. FLOODWAY means the inner portion of the flood plain, representing that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a threat to life and/or property damage. The 1:100 year floodway for the Pembroke section of the Ottawa River (Allumette Lake) has been established at the 112.9 m [370.4 ft] GSC datum (see Figure 2-4). Figure 2-4: Illustration of Flood Plain and Related Concepts 24 January 2020 City of Pembroke Final Zoning By-law FLOOR AREA shall mean the area contained within the outside walls, excluding any private garage, porch, veranda, sunroom, unfinished attic or basement and cellars or other uninhabitable rooms. FLOOR AREA, MANUFACTURING shall mean that portion of the gross floor area of an establishment which is used for manufacturing purposes and office purposes, and includes areas for storage within the building. FLOOR AREA, GROSS shall mean the aggregate of the horizontal areas of each floor, whether any such floor is above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, exclusive, however, of (1) any part of the building or structure which is used for heating equipment, the storage or parking of motor vehicles, locker storage and laundry facilities, children's play areas and other accessory uses or used as living quarters by the caretaker, watchman or other supervisor of the building or structure, and (2) enclosed malls when used as a common area between stores. FLOOR AREA, GROUND shall mean the maximum area of a building measured to the outside walls, excluding, in the case of dwellings, any private garage, carport, porch, veranda, sun room (unless such sun room is habitable during all seasons of the year). FLOOR AREA, NET shall mean the aggregate of the areas of each storey, measured from the centre line of joint interior partitions and from the exterior of the outside walls and used or capable of being used for commercial or industrial purposes. FOOD VEHICLE shall mean a structure or a converted vehicle located on a lot where food products and beverages are prepared and sold to the public. FORESTRY USE shall mean land used for the cultivating or harvesting of trees, with or without sawing, splitting, or sale of timber originating solely on the same lot therewith as uses accessory thereto. FRONTAGE - see LOT, FRONTAGE FRONT LOT LINE - see LOT LINE, FRONT FRONT WALL shall mean the main exterior wall of a residential building that is not a permitted projection or an attached private garage or carport, which is located closest to the front lot line. FRONT YARD - see YARD, FRONT FRONT YARD DEPTH - see YARD, FRONT FULL MUNICIPAL SERVICES - see SEWAGE AND WATER SERVICES FUNERAL PARLOUR shall mean a building or part thereof used for preparation of dead human bodies for interment or cremation, viewing of deceased persons and the holding of funeral and memorial services, but shall not include a crematorium. A funeral parlour may include the ancillary serving of food and beverages to visitors, and the ancillary sale of caskets and urns. City of Pembroke Final Zoning By-law January 2020 25 GARAGE, COMMERCIAL shall mean a place where all activities of an automobile service station may take place, where major repairs of vehicles may be performed and where commercial motor vehicles may be stored. As an accessory use, the sale of motor vehicles may also be permitted. Such repairs may include all mechanical repairs as well as body work but shall not include the dismantling of motor vehicles for scrap or the storage of motor vehicles awaiting scrapping. GARAGE, PARKING shall mean an enclosed structure used for the temporary parking of more than four (4) vehicles and available for public use either free, for compensation or as an accommodation to customers. GARAGE, PRIVATE shall mean a detached accessory building or portion of a dwelling which is designed or used for the sheltering of private motor vehicles and storage of household equipment incidental to the residential occupancy, and includes a carport or other similar open shelter, but shall not include a portable garage. GARAGE SALE - see YARD SALE GARDEN SUITE shall mean a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. For the purposes of this By-law, a garden suite shall not be considered a dwelling unit. GASOLINE RETAIL FACILITY shall mean a place where the retail sale of gasoline, propane and/or other petroleum products for motor vehicles constitutes the main use. Accessory uses may include the retail sale of groceries, confectionary, tobacco, periodicals, the rental of videos, (equipment, games and films) and similar articles. GAZEBO shall mean a freestanding, roofed accessory building or structure which is not enclosed, except for transparent screening (e.g. glass, netting) and which is utilized for the purposes of relaxation in conjunction with a main use but shall not include any other use or activity otherwise defined or classified herein (see Figure 2-5). Figure 2-5: Illustration of Unenclosed vs. Enclosed Gazebo 26 January 2020 City of Pembroke Final Zoning By-law GIFT SHOP shall mean a building or part thereof where goods or crafts are offered for sale to the public for the purpose of gift giving or obtaining souvenirs. GOLF COURSE shall mean a public or private area operated for the primary purpose of playing the sport of golf but may also include such accessory uses, buildings and structures as are necessary for the operation and maintenance of the golf course and such club house facilities as eating establishments, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with a golf course, but shall not include a miniature golf course. GOLF DRIVING RANGE shall mean a public or private area operated for the purpose of developing golfing techniques, and may include a miniature golf course. A golf driving range may be the main use of a lot or an accessory use to a golf course. GREENHOUSE - see COMMERCIAL GREENHOUSE GROUP HOME shall mean a single housekeeping unit in a residential dwelling in which three to six persons (excluding supervisory staff or the receiving of family) reside in a Residential Zone and live together under responsible supervision consistent with the requirements of its residents. Where permitted in a non-Residential Zone, three to ten persons (excluding supervisory staff or receiving family) can live together under responsible supervision consistent with the particular requirements of its residents. A group home is licensed and/or approved under provincial statutes and in compliance with municipal by- laws and shall be registered as permitted by the Municipal Act. A group home does not include correctional facilities and shelters. GUEST ROOM shall mean a room or suite of rooms used or maintained for the accommodation of the public. HABITABLE ROOM shall mean a room designed for living, sleeping, eating or food preparation, including a den, library, sewing room or enclosed sun room but shall not include any garage, carport, veranda, unfinished attic, unfinished basement or unfinished cellar. HAZARDOUS LANDS shall mean property or lands that could be unsafe for development due to naturally occurring processes. Along the Ottawa River, the Indian and Muskrat Rivers and their associated tributaries, this means the lands, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard. HEAVY EQUIPMENT AND VEHICLE SALES, RENTAL, AND SERVICING shall mean the sale, rental, servicing and accessory storage of heavy vehicles including farm vehicles or equipment, and transport trucks or trailers. For the purposes of this By-law, heavy vehicles include commercial motor vehicles as defined in the Highway Traffic Act, as amended, and includes a bus and any other passenger motor vehicle with capacity for more than ten passengers, fire apparatus, road-building machine or farm vehicle as defined in the Act, and all other types of construction equipment, but excludes a motor vehicle. For the purposes of this By-law, the definition of heavy equipment and vehicle sales, rental, and servicing does not include automobile rental establishments or automobile sale establishments. HEAVY INDUSTRIAL - see INDUSTRY, CLASS III - HEAVY INDUSTRIAL City of Pembroke Final Zoning By-law January 2020 27 HEALTH CLUB shall mean a building or part thereof, whether a public or private establishment, where patrons engage in exercising and physical conditioning by the use of exercise equipment, and may include facilities such as swimming pools and saunas. HEIGHT and HEIGHT OF BUILDING shall mean the vertical distance between the average elevation of the finished surface of the ground at the front of the building and: a. In the case of a flat roof, the highest point of the roof surface or parapet, whichever is the greater; b. In the case of a mansard roof, the deck roof line; and c. In the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge, exclusive of any accessory roof construction such as a chimney, tower, steeple or television antenna (see Figure 2-6). Figure 2-6: Illustration of Building Heights Based on Roof Types HIGH WATER MARK shall mean the mark made by the action of water under natural conditions on the shore or bank of a water body 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. HIGHWAY shall mean a public thoroughfare intended for vehicular use by the general public. HOME BASED BUSINESS shall mean a privately operated legal business located within a residential dwelling by the occupant or owner thereof, which is compatible with the character of a residential setting or surrounding neighbourhood and which is an accessory use or clearly secondary to the principal residential use. HOME OCCUPATION - see HOME BASED BUSINESS HOSPITAL shall mean an institution, building, premises or place where people receive medical and surgical care and where skilled nursing care is provided to persons afflicted with or suffering from sickness, disease or injury or for convalescent or chronically ill persons. This definition shall include ancillary uses, provided that such uses are clearly necessary and secondary to the main use. Commercial uses catering to the specific needs of the hospital population are also included. 28 January 2020 City of Pembroke Final Zoning By-law HOSPITAL HELIPAD shall mean any landing area used exclusively for the landing and taking off of medical and emergency helicopters. HOTEL shall mean a building designed or used for the accommodation of the travelling or vacationing public, containing therein five (5) or more guest rooms served by a common building entrance. Accessory uses may include, but are not limited to, accommodation for permanent staff and such facilities as beverage rooms, dining rooms, meeting rooms, eating establishments, fitness facilities, swimming pools, saunas, or similar uses. The definition of hotel shall not include motel, bed and breakfast establishment, boarding or lodging house or any other use defined herein. IMPROVED STREET - see STREET, IMPROVED INDIVIDUAL ON-SITE SEWAGE AND WATER SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES INDOOR SWIMMING POOL - see SWIMMING POOL, INDOOR INDUSTRIAL ZONE shall mean the General Industrial (M1) and Economic Enterprise (M2) Zones. INDUSTRY, CLASS I - LIGHT INDUSTRIAL shall mean a place of business for a small scale, self- contained plant or building that produces, manufactures, assembles or stores a product that is contained in a 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, and auto parts supply. INDUSTRY, CLASS II - MEDIUM INDUSTRIAL shall mean 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 (aggregates, logs/lumber), warehousing, and contractor's yard. INDUSTRY, CLASS III - HEAVY INDUSTRIAL shall mean 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 that 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. INFLUENCE AREA shall mean the area or areas at, above or below grade, associated with a facility that is subject to one (1) or more adverse effects which may be of varying duration, frequency and distance of dispersal. This is an actual influence area. A potential influence area identifies where adverse effects are generally expected to occur. An influence area or potential influence area acts as a potential constraint for sensitive land use, or conversely, on the establishment of a facility. City of Pembroke Final Zoning By-law January 2020 29 INSTITUTE shall mean a building structure or lot used by an organized body, religious group or society for a non-profit, non-commercial purpose. This definition may include a library, school, college, university, convent, monastery or similar use. INTERIOR LOT - see LOT, INTERIOR KENNEL shall mean a building or structure where dogs and cats are raised, boarded or trained, given medical treatment or housed for similar purposes for personal use or as a commercial service to the general public and shall include a shelter or pound. This definition shall not include an animal day care establishment, animal hospital, or a veterinary hospital. LANDSCAPED OPEN SPACE shall mean the open unobstructed space at grade on a lot which is suitable for the growth and maintenance of grass, flowers, bushes, trees and other landscaping and includes any surfaced walk, patio, path, play area or similar area, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. LAND shall mean any ground, soil or earth whatsoever regarded as the subject or ownership and everything annexed to it whether by nature (such as trees, water) or by man (such as buildings, fences). LANE shall mean: a. A subsidiary thoroughfare providing access from within a lot, principally from parking or loading spaces to a public street; or b. A subsidiary public thoroughfare for the sole use of pedestrians and connecting public streets, open space or public buildings. LARGE FORMAT RETAIL STORE - see RETAIL STORE, LARGE FORMAT LAUNDROMAT shall mean a building or part thereof where coin-operated laundry machines are made available to the public for the purpose of laundry cleaning. LIBRARY shall mean a building or part thereof where educational material (e.g., books, films, music, audio-visual, magazines) are made available for public display and are lent to the public. LIGHT INDUSTRIAL - see INDUSTRY, CLASS I - LIGHT INDUSTRIAL LIQUOR STORE - see RETAIL STORE LIVESTOCK FACILITY shall mean one (1) or more barns or permanent structures with livestock- occupied portions, intended for keeping or housing of livestock. A livestock facility also includes all manure or material storage and anaerobic digesters. LOADING SPACE shall mean a space or bay located on a lot which is used or intended to be used for 30 January 2020 City of Pembroke Final Zoning By-law the temporary parking of any commercial vehicle while loading or unloading goods, merchandise or materials used in connection with the use of the lot or any building thereon. LODGING HOUSE - see DWELLING, BOARDING OR LODGING HOUSE LOT shall mean a parcel, tract or block of land which is capable of being legally conveyed in accordance with the provisions of the Planning Act. LOT, CORNER shall mean a lot situated at the intersection of two (2) streets having an angle of not more than one-hundred-and-thirty-five degrees (135º). Where such adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior side lot lines (see Figure 2-7). LOT, INTERIOR shall mean a lot, other than a corner lot, situated between adjacent lots having access to only one (1) street (see Figure 2-7). LOT, THROUGH shall mean a lot bounded on two (2) opposite sides by streets, provided, however, that if a lot qualifies as being both a corner lot and a through lot, such lot shall be conclusively deemed to be a corner lot (see Figure 2-7). Figure 2-7: Illustration of Lot Types LOT AREA shall mean the total horizontal area within the lot lines of a lot, excluding the horizontal areas of such lot covered by water or wetland, or between the rim of the banks of a river or watercourse. LOT COVERAGE shall mean that percentage of the lot area covered, calculated as the ratio of the covered areas on the lot excluding canopies, balconies, overhanging eaves and private open air swimming pools, to the total lot area. LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, LOT DEPTH means the length of a straight line joining the middle of the front lot line with either the middle of the rear lot line or the apex of the triangle formed by the side lot lines (see Figure 2-8). LOT FRONTAGE shall mean the width of a lot measured between the intersection of the side lot lines with a line back from and parallel to the front lot line, at a distance equal to the minimum required front yard setback (see Figure 2-8). City of Pembroke Final Zoning By-law January 2020 31 LOT LINE shall mean any boundary of a lot and the vertical projection thereof (see Figure 2-8). LOT LINE, EXTERIOR SIDE shall mean a lot line located between the front and rear lot lines and dividing the lot from a street. In the case of a lot with at least three (3) lot lines that abut a street, the lot shall have at least two (2) exterior side lot lines (see Figure 2-8). LOT LINE, FRONT shall mean: a. In the case of an interior lot, the line dividing the lot from the street; b. In the case of a through lot, the shorter lot line abutting a street, unless each lot line is of equal length, in which case the front lot line shall be the lot line where the principal access to the lot is provided; c. In the case of a corner lot, the shorter lot line abutting a street, unless each lot line is of equal length, in which case the front lot line shall be the lot line where the principal access to the lot is provided; d. In the case of a lot with at least three (3) lot lines that abut a street, the lot line where the principal access to the lot is provided; and e. In the case of a lot that has frontage on both a street and a water body or watercourse, the lot line where the principal access to the lot is provided (see Figure 2-8). LOT LINE, REAR shall mean, in the case of a lot having four (4) or more lot lines, the lot furthest from and opposite the front lot line. In the case of a lot having less than four (4) lot lines, there shall be deemed to be no rear lot line (see Figure 2-8). LOT LINE, SIDE shall mean a lot line other than a front or rear lot line (see Figure 2-8). LOT LINE, INTERIOR SIDE shall mean a lot line other than a front, rear or exterior side lot line (see Figure 2-8). Figure 2-8: Illustration of Lot Lines LOT DEPTH 32 January 2020 City of Pembroke Final Zoning By-law LUMBER MILL shall mean a building, structure, or area where timber is cut, sawed or milled, and temporarily stored either to finish lumber or as an intermediary step and may include facilities for kiln drying of lumber and the distribution of such products on a wholesale or retail basis. LUMBER YARD shall mean a place where the primary use is the storage of construction grade wood and building supplies for sale at retail or wholesale. MAIN and MAIN USE shall mean the primary use of land or of a building. MANUFACTURING PLANT shall mean an industrial establishment primarily engaged in the fabricating, processing, finishing, refinishing, assembly, packaging or similar production of various articles and commodities and includes, factories, mills, industrial shops and production facilities. Manufacturing plants are classified as Class I, II or III Industrial Uses. For the purposes of this By-law, the definition of manufacturing plant does not include a cannabis production facility. MARINA shall mean place consisting of docking facilities on a navigable waterway specifically designed to cater to the boating needs and may include but not be restricted to the following: a. The servicing of boats; b. The storage of boats; and c. The sale of boats, boating equipment and associated merchandise. MEDICAL CLINIC shall mean a building or part thereof used by physicians, dentists and/or drugless medical practitioners, their staff and their patients for the purpose of consultation, diagnosis and office treatment, and including associated technician and laboratory facilities, and may also include an incidental pharmaceutical outlet for the sale of prescription and therapeutic drugs and medication and other drug store products normally sold in a pharmaceutical outlet, and optical equipment, but shall not include an establishment where the primary purpose of the establishment is for the treatment of narcotic addiction (see also DRUG ADDITION CLINIC). MEDICAL PRACTITIONER shall mean a doctor, dentist, chiropractor, chiropodist, optometrist, oculist, osteopath, dermatologist, and other such medical professional, but shall not include a veterinarian. MEDIUM INDUSTRIAL - see INDUSTRY, CLASS II - MEDIUM INDUSTRIAL MINIATURE GOLF COURSE shall mean a place operated for profit or gain as an establishment where facilities are provided to simulate the game of golf or any aspect of the game on a small scale, but does not include a golf driving range or golf course. Miniature golf courses may be part of a golf driving range, and may be considered an accessory use to a commercial use where a miniature golf course is a permitted use in the zone in which the commercial use is located. MIXED USE BUILDING shall mean a building containing two (2) or more residential and non- residential uses that are permitted in the Zone in which the mixed use building is located, unless otherwise indicated. For the purposes of this By-law, the definition of mixed use building shall not include a shopping centre. City of Pembroke Final Zoning By-law January 2020 33 MOBILE HOME shall mean any dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one (1) or more persons but does not include a recreation vehicle, travel trailer, tent trailer or trailer otherwise designed. MOTOR HOME shall mean a self-propelled vehicle designed for living, sleeping and eating accommodation of persons, but shall not constitute a dwelling. MOTOR VEHICLE - see VEHICLE MOTEL shall mean a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein five (5) or more guest rooms, each guest room having a separate entrance directly from outside and may include accessory uses such as an eating establishment or pool. MUNICIPAL DRINKING WATER SYSTEM shall mean a drinking water system or part of a drinking water system that is owned by the City of Pembroke. MUNICIPAL SEWAGE SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES MUNICIPAL WATER SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES MUNICIPALITY shall mean the Corporation of the City of Pembroke. MUSEUM shall mean an institutional place that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection of artefacts of scientific, natural, artistic, or historical interest, or other interests. NEGATIVE IMPACTS shall mean: 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; b. In regard to water, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; and c. In regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities. NET LEASABLE FLOOR AREA shall mean the total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines, upper floors and other floors, as measured from the centerline of shared partitions and from the interior face of the exterior walls of the building. Net leasable floor area does not include common mall areas and other common areas not designed or occupied by tenants or sales areas. NON-COMPLYING shall mean a lot, building or structure which, on the date of the final passing of this 34 January 2020 City of Pembroke Final Zoning By-law By-law, did not comply with one (1) or more of the Zone provisions of the Zone in which such lot, building or structure is located. NON-CONFORMING shall mean an existing use, building or structure which, on the date of the final passing of this By-law, was not a permitted use in the Zone where such use, building or structure is located. NON-MUNICIPAL DRINKING WATER SYSTEM shall mean a drinking water system that is not a municipal drinking water system. NORMAL WATER LEVEL - see HIGH WATER MARK NOXIOUS USE shall mean an offensive trade within the meaning of the Public Health Act. NURSERY shall mean a place used for the growing of sod, flowers, bushes, trees or other gardening, landscaping or orchard stock for wholesale or retail sale. For the purposes of this By-law, the definition of nursery does not include a cannabis production facility. OCCUPANCY PERMIT shall mean a permit issued by the Chief Building Official or an appointee which indicates that the proposed use of land or any building or structure on any such land is in conformity with this By-law. OFFICE shall mean a building or part thereof used or intended to be used in the performance and transaction of business including administrative and clerical activities as well as professional and business offices but not including the use of manual labour or the manufacturing of any product. OFFICIAL PLAN shall mean the Official Plan of the City of Pembroke, as amended from time to time. ONE HUNDRED YEAR FLOOD shall mean that flood, based on an analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on average, or having a 1 per cent chance of occurring or being exceeded in any given year (see also "FLOODWAY"). OPEN SPACE shall mean any portion of a lot which is unoccupied by buildings or structures above ground level and is open to the sky, and shall include Landscaped Open Space. OPEN STORAGE shall mean the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof that is visually separated from public view with a solid visual barrier fence, including such uses as automobile and trailer sales lots, building materials supply yards, but does not include the outdoor display of a limited number of samples of the goods, merchandise or equipment for the purpose of sales and advertisement or the storage of vehicles or equipment for sale or repair. This definition shall not include the open storage of goods or equipment incidental to the residential occupancy of a lot. OUTDOOR COMMERCIAL PATIO shall mean an outdoor area where food, beverage, wine and/or spirits are served to the public or to members of a club or organization. OUTDOOR FURNACE shall mean any outdoor appliance used for the purpose of burning solid fuel for City of Pembroke Final Zoning By-law January 2020 35 the heating of buildings, water or other such purpose. PARK, PRIVATE shall mean a recreational area, other than a public park, owned and operated or maintained in whole or in part for profit by a private club, organization or corporation, operated on a commercial and/or private member basis, and including therein one (1) or more swimming pools, wading pools, refreshment rooms, camping areas, boating facilities, tennis courts, bowling greens, gardens, or similar open space uses. PARK, PUBLIC shall mean a recreational area owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario or Government of Canada. PARKING AREA shall mean an area or structure provided and designated for the temporary storage of motor vehicles and includes any related aisles, parking spaces, ingress and egress lanes, and private garages but does not include any part of a public lane or public street. PARKING GARAGE - see GARAGE, PARKING PARKING LOT shall mean any parking area, other than a parking area accessory to a permitted use on the same lot, used for the temporary storage or parking of motor 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 shall mean a rectangular area, exclusive of any aisles or ingress and egress lanes, for the temporary parking or storage of one (1) motor vehicle. PARKING SPACE, BARRIER-FREE shall mean a rectangular area designated and used for the temporary parking of one (1) motor vehicle used by a handicapped or disabled person, exclusive of any aisles or driveways. PARTIAL SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES PATIO - see OUTDOOR COMMERCIAL PATIO PAYDAY LOAN ESTABLISHMENT shall mean any premises or any part of them in respect of which a licensee within the meaning of the Payday Loans Act, 2008 may operate a business pursuant to a license issued under the Act. For the purposes of this By-law, the definition of payday loan establishment does not include a financial institution. PAWN SHOP shall mean an establishment engaged in the pawning of personal property in exchange for loans. A pawn shop may include the ancillary sale of retail products. PERSON shall mean an individual, association, chartered organization, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. PERSONAL SERVICES ESTABLISHMENT shall mean a place wherein a personal service is performed. This definition may include, but is not limited to, businesses or services such as a barber shop, 36 January 2020 City of Pembroke Final Zoning By-law hair styling salon, shoe repair shop, spa, tanning salon, dry cleaning outlet, tailor shop, dressmaker shop, massage therapy service, photofinishing, picture framing, publishing and photocopying, tattoo parlour and/or piercing parlour but excludes any manufacturing or fabrication of goods for sale. (2018-52) PET GROOMING ESTABLISHMENT means the practice of cleaning and maintaining the pets of customers and can include the sale of animals or birds for the use as pets but does not include a shop or place for the breeding or overnight boarding of animals. (2013-46) PHARMACY - see RETAIL STORE PIPED MUNICIPAL SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES PLACE shall mean lands, buildings and/or structures. PLACE OF AMUSEMENT - see PLACE OF ENTERTAINMENT PLACE OF ASSEMBLY shall mean a building or structure or part thereof in which facilities are provided for such purposes as meetings for athletic, civic, cultural, educational, political, or social purposes and shall include a banquet hall or private club. PLACE OF ENTERTAINMENT shall mean a place operated for commercial gain or profit wherein amusement facilities are provided such as a video arcade or arcade, billiard or pool room, pinball machines, video games and bowling alley, but does not include an adult entertainment establishment, casino, theatre, bingo hall or other entertainment establishments defined herein. PLACE OF WORSHIP shall mean a place or an open area dedicated to religious worship and may include a manse or rectory located on the same lot therewith, but does not include a manse or rectory that is established on a separate lot. PLANT MATERIALS shall include all indigenous species of grass, flowers, trees, shrubs, and other natural vegetation. PLANTING STRIP shall mean an area which shall be used for no purpose other than planting and maintaining a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, immediately adjacent to the lot line or portion thereof along which such planting strip shall be used for no purpose other than planting and maintaining shrubs, flowers, grass or similar vegetation. PORTABLE when used to describe a building or structure, shall mean a building or structure that is so designed and/or constructed to be easily dismantled and removed. POST OFFICE shall mean a place owned and operated by a public authority used for the posting, receipt, sorting, handling, transmission or delivery of mail. POST-SECONDARY EDUCATIONAL INSTITUTION shall mean a: a. University which is a place of higher education, which has a body of teachers and students on the premises, and that offers instruction at the undergraduate level, post-graduate level, or both, and which is empowered by law to grant a degree upon the successful completion of a City of Pembroke Final Zoning By-law January 2020 37 prescribed course of study; b. College which is a college of applied arts and technology or other similar place of post secondary education which has a body of teachers and students on the premises, and the provides instruction in business, a trade or a craft; and that is empowered by law to grant degrees, diplomas, licenses or certificates that permit the holders to represent themselves as qualified to work in a particular trade or occupation; or c. Any residential use ancillary to and located on the same lot as a university or college. PRIVATE CLUB - see PLACE OF ASSEMBLY PRIVATE COMMUNAL SEWAGE SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES PRIVATE COMMUNAL WATER SERVICES - see SEWAGE DISPOSAL AND WATER SERVICES PUBLIC AUTHORITY shall mean the City of Pembroke and any Boards or Commissions thereof, the Bell Telephone Company of Canada, any company supplying natural gas to the community, Ontario Hydro or other utility and any Department of the Government of Ontario and Canada, or other similarly recognized agencies. PUBLIC STREET - see STREET PUBLIC USE shall mean a building, structure or lot used for public services by the Corporation or any Boards or Commissions thereof and any Ministry or Commission of the Governments of Ontario and Canada, any telephone or railway company or similarly recognized agencies. PUBLIC UTILITY - see UTILITIES QUADRUPLEX DWELLING - see DWELLING, QUADRUPLEX REAR LOT LINE - see LOT LINE, REAR REAR YARD - see YARD, REAR REAR YARD DEPTH - see YARD, REAR RECREATION VEHICLE shall include: a snowmobile, a camper whether attached to a truck or not, a specially designed vehicle used for recreation purposes or an all-terrain vehicle and any attachments thereto. RECREATIONAL VEHICLE SALES AND RENTAL ESTABLISHMENT shall mean a place where boats, travel trailers, campers and other recreational vehicles or equipment (e.g., snowmobiles, off-road 38 January 2020 City of Pembroke Final Zoning By-law vehicles, golf carts) are displayed and rented and/or sold and may include facilities for the repair of such vehicles. RECYCLING DEPOT OR TRANSFER STATION shall mean a special waste management facility which serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, metal and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system or waste disposal site. REDEVELOPMENT shall mean the removal of buildings or structures or parts thereof from land and the construction or erection of other buildings or structures thereon. RELIEF CENTRE shall mean a building where relief or support is given to individuals with an intellectual disability who currently reside at another location. RENOVATION shall mean the repair, strengthening or restoration of a building to a safe condition but does not include its replacement. REQUIRED YARD - see YARD, REQUIRED RESIDENTIAL USE shall mean the use of land, building(s) or structures(s) for human habitation. RESIDENTIAL ZONE shall mean the Residential Type 1 (R1), Residential Type 2 (R2), Residential Type 3 (R3) and Residential Type (R4) Zones. RESTAURANT - see EATING ESTABLISHMENT RETAIL STORE shall mean a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale at retail, but does not include any establishment otherwise defined or classified herein. Storage of limited quantities of merchandise, sufficient only to service the retail store and the servicing of the merchandise may be permitted in a retail store as ancillary uses provided that such uses are clearly necessary and secondary to the main retailing function of the store. This definition shall not include a pawn shop or any type of store (i.e. convenience store, building supply outlet) defined herein. RETAIL STORE, LARGE FORMAT shall mean a retail store which exceeds 2,000 m2 [21,527.82 ft2] of gross floor area. RETAINING WALL shall mean a wall built as a grade separation structure. ROAD - see STREET ROW DWELLING - see DWELLING, ROW SALVAGE YARD shall mean an establishment where goods, wares, merchandise, articles or things are processed for further use and where such goods, wares, merchandise, articles or things are stored wholly or partly in the open and includes a junk yard, a scrap metal yard, and an automobile wrecking yard or City of Pembroke Final Zoning By-law January 2020 39 premises. SANITARY SEWER shall mean an adequate system of underground conduits, owned and operated either by the Corporation or by the Ministry of Environment which carries sewage to an adequate sewage treatment facility. SCHOOL shall mean an institutional place for the education or instruction of a body pupils by a body of teachers, and shall include an elementary or secondary school, adult education and English or French as a second language programs, but shall not include a studio, museum, post-secondary educational institution, any type of home based business, or any other use defined herein. SEACAN, SHIPPING CONTAINER, STORAGE CONTAINER, AND STORAGE TRAILER shall mean any unlicensed trailer, whether or not the same is mounted on wheels; mobile storage trailers, storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers; truck trailers or boxes; or the parking of tractor-trailers or separate tractors or cargo boxes, but not including an eating establishment. For the purposes of this definition, unlicensed trailer means a trailer which does not have a valid permit under the Highway Traffic Act, R.S.O. 1990, c. H.8., as amended. SECONDARY DWELLING UNIT - see DWELLING UNIT, SECONDARY SELF STORAGE FACILITY shall mean a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers which are generally accessible by means of individual loading doors. SEMI-DETACHED DWELLING - see DWELLING, SEMI-DETACHED SENSITIVE LAND USE shall mean a building, amenity area or outdoor space where routine or normal activities occurring at reasonably expected times would experience one (1) or more adverse effect(s) from contaminant discharges generated by a nearby facility. A sensitive land use may be part of the natural or built environment. Examples include: residences, day care centres, and educational and health facilities. SERVICE INDUSTRY ESTABLISHMENT shall mean a building or thereof where the use is to provide specialized manufacturing, repair, cleaning, maintenance, security, construction or similar service to industrial or commercial businesses where such service is primarily conducted and/or provided off-site at the location in need of such service. SETBACK shall mean: a. The least horizontal distance between a lot line and the nearest part of any building or structure; or b. With reference to a street, the least horizontal distance between the street line and the nearest part of any building or structure; and c. With reference to a water body or watercourse, the least horizontal distance between the high water mark of the water body or watercourse and the nearest part of any building or structure. SEWAGE DISPOSAL AND WATER SERVICES: a. FULL MUNICIPAL SERVICES shall mean the combination of municipal sewage services 40 January 2020 City of Pembroke Final Zoning By-law and municipal water services; b. INDIVIDUAL ON-SITE SEWAGE AND WATER SERVICES shall mean 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 (5) residential units/lots; c. PARTIAL SERVICES shall mean: i. Municipal sewage services or private communal sewage services and individual on-site water services; or ii. Municipal water services or private communal water services and individual on-site sewage services; d. MUNICIPAL SEWAGE SERVICES shall mean a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that is owned or operated by the City of Pembroke; e. MUNICIPAL WATER SERVICES shall mean a municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002; f. PRIVATE COMMUNAL SEWAGE SERVICES shall mean a sewage works that serves six (6) or more lots or private residences and is not owned by the City of Pembroke; and g. PRIVATE COMMUNAL WATER SERVICES shall mean a non-municipal drinking water system that services six (6) or more lots or private residences. SEWAGE DISPOSAL SITE shall mean a site which is licensed or approved by the Ministry of Environment and/or its agents for the use as a disposal site for sewage and includes a sewage treatment plant, sewage lagoon or sludge disposal area. SEWAGE LAGOON shall mean an area of land used for the discharge and disposal of sewage waste and that has a standing Certificate of Approval issued by the Ministry of the Environment. SEWAGE TREATMENT PLANT shall mean a place where sewage is collected, transmitted and treated and has a standing Certificate of Approval issued by the Ministry of the Environment. SEWAGE WORKS shall mean any works for the collection, transmission, treatment and disposal of sewage or any part of such works, but does not include plumbing to which the Building Code Act applies. SHOPPING CENTRE means a group of commercial, retail, institutional and business establishments, planned, developed, owned and managed as a unit having off-street parking and loading provided on the same lot. A shopping centre may take the form of one building occupied by commercial, retail and business establishments, or a group of separate detached buildings occupied by such uses. For the purposes of this By-law, the definition of shopping centre shall not include a mixed use building. SHOPPING PLAZA - see SHOPPING CENTRE SHORELINE shall mean a lot line or portion thereof which abuts the high water mark of a water body or watercourse (see also HIGH WATER MARK). City of Pembroke Final Zoning By-law January 2020 41 SIDE YARD - see YARD, SIDE SIDE LOT LINE - see LOT, LINE SIDE SIDE YARD WIDTH shall mean the least horizontal dimension between the side lot line of the lot and the nearest part of the main building or structure on the lot, or the nearest open storage use on the lot. SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a corner lot and a line drawn from a point in one (1) street to a point in the other street line, each such point being 6.0 m [19.68 ft] from the point of intersection of the street lines (measured along the street lines). Where the two (2) street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. Figure 2-9: Illustration of Sight Triangle SIGN, LEGAL shall mean a name, identification, description, device, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or lot which directs attention to an object, product, place, activity, person, institute, organization or business and which does not contravene any By-law of the Corporation or any Regulation of the Government of Ontario or Canada. SINGLE DETACHED DWELLING - see DWELLING, SINGLE DETACHED SOLAR COLLECTOR shall mean a device consisting of photovoltaic panels that collect solar power from the sun. A solar collector must be attached to a building or structure or erected on a post(s). STOREY shall mean the portion of a building, other than an attic or cellar, between the surface of any floor and the surface of the floor, ceiling or roof next above it. STOREY, FIRST shall mean the lowest storey of a building, wherein the floor is at grade elevation and its ceiling is at least 1.8 m [6 ft] above the finished grade. STOREY, ONE-HALF shall mean the portion of a building situated wholly or in part within the roof and in which there is sufficient space to provide a height, between finished floor and finished ceiling, of at least 2.28 m [7.5 ft] over a floor area equal to at least 50% of the area of the floor next below. 42 January 2020 City of Pembroke Final Zoning By-law STORM SEWER shall mean a system of underground conduits which carries storm surface waters and drainage, but excludes sewage and polluted industrial wastes. STREET shall mean a public highway which affords the principal means of access to abutting lots. This definition does not include a lane or a private right-of-way. STREET, IMPROVED shall mean a street which has been assumed by the Corporation which is open and maintained on a regular, year-round basis. County and Provincial roads are included. STREET LINE shall mean the limit of the road or street allowance and is the dividing line between a lot and a street. STRUCTURE shall mean anything constructed or erected, either permanent or temporary, the use of which requires location on the ground, or attachment to something having location on the ground. STUDIO shall mean a building or part thereof used: a. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and offered for sale; and b. For the instruction of art, music, dance, languages or similar disciplines. STUDENT RESIDENCE - a building or portion thereof used for the temporary residential accommodation of more than 10 persons attending an institution of higher learning. (2013-46) SWIMMING POOL shall mean an open or covered in-ground or above ground outdoor pool used for swimming, wading, diving or bathing which is capable of holding water in excess of 61 cm [24 in] in vertical depth at any point. The definition of swimming pool does not include a swimming pool located indoors or a hot tub. SWIMMING POOL, INDOOR shall mean a pool used for swimming, wading, diving or bathing which is capable of holding water in excess of 61 cm [24 in] in vertical depth at any point, and that is located within a building or structure. The definition of indoor swimming pool does not include a swimming pool located outdoors or a hot tub. TANDEM PARKING shall mean a parking space that is only accessed by passing through another parking space from a street, lane, or driveway. TAVERN shall mean a building or part thereof where alcohol beverages are served for consumption on the premises, with or without food, and is licensed or is liable to be licensed under the Liquor License Act. TAXI DEPOT shall mean the permanent location of a taxi business and the source of dispatch rather than the location of the taxi on its dispatch. TEMPORARY SHELTER shall mean a non-permanent commercially prefabricated accessory structure characterized by supporting light metal pole, fibreglass, plastic or wood frame structure with a fabric City of Pembroke Final Zoning By-law January 2020 43 cover made of canvas, nylon or similar material, that is erected and used to provide shelter to a vehicle during winter months and is designed to be easily dismantled or removed. The definition of 'winter months' may be defined by other municipal by-laws or elsewhere in this By-law. The definition of temporary shelter shall not include a private garage or any other term defined herein (see Figure 2-10). Figure 2-10: Illustration of Temporary Shelter TESTING OR RESEARCH LABORATORY shall mean a place equipped with necessary appliance and apparatus to permit the critical examination, observation, evaluation or investigation of substance and investigation and experimentation aimed at the discovery or interpretation of facts. THEATRE shall mean a building or part thereof which is used for the commercial showing of films or presentation of live entertainment. This definition shall not include a drive-in theatre. TOP OF BANK shall mean a boundary where a majority of normal discharges and channel forming activities takes place. The top of bank boundary will contain the active stream channel, active flood plain, and their associated banks. TOWNHOUSE - see DWELLING, ROW THROUGH LOT - see LOT, THROUGH TRAILER shall mean any vehicle designed to be towed by a motor vehicle and which cannot be propelled on its own. TRAIN STATION shall mean a place where trains pick up and discharge fare-paying, intercity passengers. Accessory uses may include ticket offices, restaurants, luggage checking, and other such facilities. TRANSPORTATION TERMINAL shall mean a place for the storage, loading or unloading, and repair of trucks, trains or buses, or where trucks or transports are rented, leased, kept for hire or parked on the property, are dispatched for hire as common carriers, or which is a bonded or sufferance warehouse. For the purposes of this By-law, the definition of transportation terminal shall not include a train station or a bus terminal. TRIPLEX DWELLING - see DWELLING, TRIPLEX 44 January 2020 City of Pembroke Final Zoning By-law UNDERTAKER'S ESTABLISHMENT - see FUNERAL PARLOUR UNIVERSITY - see POST-SECONDARY EDUCATIONAL INSTITUTION USE, when used as a noun, shall mean the purpose for which a lot or a building or structure or any combination thereof, is designed, arranged, intended, occupied or maintained, and USES shall have a corresponding meaning. USES, when used as a verb, or TO USE shall have corresponding meanings. UTILITIES shall mean a PUBLIC UTILITY as defined in the Public Utilities Act and amendments thereto. VEHICLE shall mean any carriage, conveyance or other device capable of being propelled, driven or drawn by any kind of power, including motor power or wind power, and includes, without limiting the generality of the foregoing, a passenger automobile, truck, trailer, boat, aircraft, tractor, farm implement, mobile crane or shovel, snowmobile, motorcycle, but does not include a pedal bicycle, canoe, kayak or any other device powered solely by means of human effort, or a mobile home. VEHICLE SALES OR RENTAL ESTABLISHMENT - see AUTOMOBILE RENTAL ESTABLISHMENT and AUTOMOBILE SALES ESTABLISHMENT VETERINARY HOSPITAL shall mean a building or structure or part thereof which is used by a veterinarian to examine and treat animals, including livestock (cattle, horses, etc.). VIDEO RENTAL ESTABLISHMENT - see RETAIL STORE VOCATIONAL TRAINING SHOP shall mean a place or part thereof where employment counselling, training and retraining seminars are provided but does not include a hiring hall or similar facility. WAREHOUSE shall mean a building or part thereof used primarily for the operation of general merchandise warehousing, cold storage and other storage facilities and also includes a centre for the distribution of wholesale goods and commodities for resale to retailers; to industrial, commercial, institutional or professional users; and to other wholesalers. WAREHOUSE, SELF STORAGE - see SELF STORAGE FACILITY WASTE DISPOSAL SITE shall mean a site that has been approved by the Ministry of the Environment where ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse is disposed of or dumped. This definition shall not include a sewage treatment plant, sewage lagoon or sludge disposal area. WATER BODY shall mean any bay, lake, river, natural watercourse, wetland or canal but excluding a drainage or irrigation channel. City of Pembroke Final Zoning By-law January 2020 45 WATER SUPPLY- see SEWAGE DISPOSAL AND WATER SERVICES WATER TREATMENT PLANT shall mean a place where water is collected, produced, treated, stored, supplied and/or distributed from and that has a standing Certificate of Approval issued by the Ministry of the Environment, Conservation and Parks. WATERCOURSE shall mean the natural channel for a perennial or intermittent creek, stream or river. WETLANDS shall mean 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 (soils in which there is an abundance of moisture) and has favoured the dominance of either hydrophytic or water tolerant plants. The four major categories of wetlands are swamps, marshes, bogs, and fens. WHOLESALE ESTABLISHMENT shall mean a building or part thereof used or intended to be used for the bulk storage and sale of quantities of goods, commodities, wares, merchandise and materials for resale or business use. This definition shall not include the bulk storage and sale of coal, fuel, oil, propane, wood, lumber, building materials, ice and allied chemicals (See BULK SALES ESTABLISHMENT). WIND TURBINE, SMALL shall mean a wind energy conversion structure consisting of a wind turbine with rotating blades, a tower and associated control or conversion electronics, which has a rated capacity of not more than 300 kilowatts, and which is intended to provide electrical power for use on-site (either behind the meter or off-grid) and is not intended or used to produce power for resale. The definition of small wind turbine also includes vertical axis wind turbines which consist of blades rotating around a vertical motor shaft. For the purposes of this By-law, a small wind turbine shall be considered an accessory structure. WOMEN'S SHELTER shall mean a building or part thereof used for the provision of temporary, short- term residential accommodation, shelter, advocacy, education and support for abused women and their dependents. The centre will be staffed by a public or private agency; a minimum of one (1) staff member will be on the premises at all times. The shelter will contain sleeping accommodations for residents and ancillary common areas such as food preparation/dining, office/administration, counselling/support and play/recreation. YARD shall mean an open, uncovered space appurtenant to a building or structure. YARD, EXTERIOR SIDE shall mean a yard of a corner lot extending from the front yard to the rear yard between an exterior side lot line and the nearest point of any main building or structure on the lot. YARD, FRONT shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. FRONT YARD DEPTH shall mean the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot. YARD, INTERIOR SIDE shall mean a yard extending from the front yard to the rear yard between a side interior lot line and the nearest point of any main building or structure on the lot. 46 January 2020 City of Pembroke Final Zoning By-law YARD, REAR shall mean a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of the main building or structure on the lot. REAR YARD DEPTH shall mean the least horizontal dimension between the rear lot line of the lot and the nearest part of the main building or structure on the lot, or the nearest open storage use on the lot. YARD, REQUIRED shall mean the minimum yard required by the yard setback provisions of this By- law. YARD SALE shall mean the occasional sale of personal household products by an occupant of a dwelling unit on the lot on which the dwelling unit is located and which occurs on not more than four (4) days per calendar year. YARD, SIDE shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest part of the main building or structure on the lot. In the case of a lot which has no rear lot line, the side yard shall extend from the front yard to the opposite side yard. YARD, SIDE INTERIOR shall mean a side yard other than an exterior side yard. Figure 2-11: Illustration of Required Yards ZONE shall mean: a. A land use category as defined and regulated in this By-law; or c. A designated area of land use shown on the Schedule of this By-law. ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation charged with the duty of enforcing the provisions of this By-law. City of Pembroke Final Zoning By-law January 2020 47 Accessory uses, buildings or structures that are customary to the main use on the lot and that are intended to aid and contribute to the main use to carry out the function of that main use shall be permitted in any Zone in accordance with the following provisions and any additional provisions included elsewhere in this By-law. This Section does not apply to fences, sign posts or retaining walls: Accessory uses, buildings and structure shall be located on the same lot as the main use to which it is accessory to; 2. Accessory buildings and structures shall be setback from lot lines in accordance with the following minimum requirements: LOT LINE LOCATION SETBACK REQUIREMENT Front Lot Line All Zones Same as minimum front yard setback required in the Zone and if the minimum setback can be met, an accessory use, building or structure shall not be located closer to the front lot line than the actual setback of the main building on the lot (2013-46) Exterior Side Lot Line All Zones Same as minimum exterior side yard setback required in the Zone Rear Lot Line Not Abutting a Street Residential Zones 1.2 m [4 ft] M1 and M2 Zones Where a rear lot line abuts a Residential Zone 6.1 m [20 ft] All other cases 1.2 m [4 ft] All other Zones Where a rear lot line abuts a Residential Zone 2.44 m [8 ft] All other cases 1.2 m [4 ft] Rear Lot Line Abutting a Street Where rear yard is screened by an opaque fence 1.2 m [4 ft] Where rear yard is not screened by an opaque fence Same as minimum exterior side yard setback required in the zone Interior Side Lot Line Residential Zones Shared private garages or carports erected on a common side lot line 0 m [0 ft] 48 January 2020 City of Pembroke Final Zoning By-law LOT LINE LOCATION SETBACK REQUIREMENT All other accessory buildings and structures 1.2 m [4 ft] M1 and M2 Zones Where an interior side lot line abuts a Residential Zone 6.1 m [20 ft] All other cases 1.2 m [4 ft] All other Zones 1.2 m [4 ft] 3. Notwithstanding provision (2) of this Section, the following accessory buildings and structures shall be required to meet the following requirements: a. Above-ground swimming pools and hot tubs shall be setback a minimum of 1.52 m [5 ft] from all lot lines; and b. Docks, boat houses and other such permitted accessory buildings and structures that require, by their nature, placement on the water's edge, may be erected on the water's edge and shall be set back a minimum of 2 m [6.56 ft] from side lot lines and shall not encroach upon adjacent lots' frontages when the lot lines are extended into the water; 4. Lot Coverage a. In the Local Commercial (C1) Zone and Residential Zones, or on any lot where the main use is residential, the total lot coverage of all accessory buildings and structures excluding a swimming pool shall not exceed 12% of the total lot area; b. In the Open Space (OS) Zone, the total lot coverage of all buildings and structures, including accessory buildings and structures, shall not exceed the lot coverage stated in the Zone; c. In the Industrial Zones, Institutional (I) Zone, Highway Commercial (C2) Zone, Central Commercial (C3) Zone and Shopping Centre Commercial (C4) Zone, the total lot coverage of all accessory buildings and structures shall not exceed 15%; d. In all other Zones, there shall be no maximum lot coverage; and e. No more than two (2) accessory buildings or structures shall be located on a property. (2013- 46) 5. The maximum permitted height of accessory buildings and structures in a Residential Zone shall be 4.5 m [14.76 ft]. The maximum permitted height of accessory buildings and structures in all other Zones shall be 6 m [19.70 ft]; 6. Temporary Shelters shall: a. Be considered accessory structures for the purposes of this By-law; City of Pembroke Final Zoning By-law January 2020 49 b. Be permitted to be erected on lots in the Residential Zones and shall be permitted in interior side yards and rear yards and shall be setback from interior side lot lines and rear lot lines in accordance with provision (2) of this Section. Such shelters shall not be located in any front yard or exterior side yard. Temporary shelters shall not be located closer to the front lot line than the actual setback of the main building on the lot; c. Only be located on parking areas or on a driveway and shall not be located on any landscaped open space; and d. Not be erected before October 15 or remain in place after May 15 of each year; 7. Any building or structure which is attached to the main building will not be considered accessory for the purposes of this By-law. 8. In a Residential Zone or on any lot where the main use is residential, accessory buildings or structures, not including hot tubs, shall not be located closer than 1.2 m (4 ft) to any main building or any other accessory building or structure. Accessory buildings and structures on lands in all other Zones shall not be subject to a minimum setback from main buildings or other accessory buildings or structures; 9. Accessory buildings and structures shall not be used for human habitation except where specifically permitted in this By-law; 10. Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use, except where it is necessary for the storage of tools and materials for the use in connection with the construction of the main use, building or structure, or where the main building or use and the accessory use, building or structure are permitted by the same building permit and the main building or use is erected or established within 12 months of the erection or establishment of the accessory uses, buildings or structures; 11. Swimming Pools a. Outdoor swimming pools shall only be located in a side or rear yard; b. Notwithstanding provision (11)(a) of this Section, swimming pools that are accessory to motels, hotels and community centres shall be permitted in a front yard. Swimming pools shall be setback from the front lot line a minimum of 3.05 m [10 ft]; c. No swimming pool shall be setback less than 1.52 m [5 ft] from any lot line, except where otherwise permitted by provision (11)(b) of this Section; d. In-ground swimming pools must be totally enclosed by fence with a height not less than 1.52 m [5 ft] above grade. Such fencing shall have a locking gate and may be interrupted by an external wall of a building. This fence may enclose the entire yard in which the pool is located or only the swimming pool, so long as the pool and fence are separated by a minimum distance of 1.2 m [4 ft]; e. Above-ground swimming pools must be totally enclosed by fence with a height not less than 1.52 m [5 ft] above grade. Such fencing shall have a locking gate and may be interrupted by an external wall of a building. This fence may enclose the entire yard in which the pool is located 50 January 2020 City of Pembroke Final Zoning By-law or only the swimming pool, so long as the pool and fence are separated by a minimum distance of 1.2 m [4 ft]; and f. All swimming pools and swimming pool fences or enclosures shall also conform to the provisions of any By-law as may from time to time be enacted by the City of Pembroke to regulate to regulate privately owned swimming pools and/or fences around privately-owned pools. In the case of a conflict between the provisions of this By-law and the provisions of any such By-law, the more stringent of the two shall prevail. 12. Seacans, Shipping Containers, Storage Containers, and Storage Trailers a. Notwithstanding any other provision of this By-law to the contrary, seacans, shipping containers, storage containers and storage trailers shall not be used for storage purposes on any lot in the following Zones: R1, R2, R3, R4, C1, C3, FP, H, and OS; b. Notwithstanding provision (12)(a) of this Section, a seacan, shipping container, storage container, or storage trailer shall be permitted in the driveway associated with a residential use in any Zone for the purpose of temporary loading or unloading of household items during the process of moving, and for a period not exceeding five (5) days. Such temporary seacans, shipping containers, storage containers and storage trailers shall not exceed a maximum height of 3 m [10 ft] and a maximum length of 6.1 m [20 ft]. A temporary seacan, shipping container, storage container, or storage trailer shall be located entirely on private property and shall not encroach on to a public sidewalk or road right-of-way, and shall not create a site line obstruction; c. Notwithstanding any other provisions of this By-law to the contrary, a seacan, shipping container, storage container, or storage trailer shall not be used for a commercial use or as an accessory use, building, or structure for storage, except in accordance with the following provisions: i. A seacan, shipping container, storage container, and storage trailer may only be used for storage accessory to a permitted use on a lot in the C2, C4, I, M1, and M2 Zones, where the main use already exists; ii. A seacan, shipping container, storage container, and storage trailer shall not be used for human habitation, a home based business, or for any occupation or business; iii. A maximum of one (1) seacan, shipping container, storage container, or storage trailer shall be permitted on any property in the C2, C4, I, and M2 Zones; iv. A maximum of two (2) seacans, shipping containers, storage containers, or storage trailers shall be permitted on any property in the M1 Zone; v. No seacan, shipping container, storage container, or storage trailer shall exceed a height of 3 m [10 ft] and total length of 16.76 m [55 ft]; vi. Setbacks for a seacan, shipping container, storage container, or storage trailer shall be in accordance with Section 3.1(2) of this By-law; City of Pembroke Final Zoning By-law January 2020 51 vii. A seacan, shipping container, storage container, or storage trailer shall only be permitted to be located in a rear yard, and shall be no closer than 30 m [98 ft] to any street line; viii. A seacan, shipping container, storage container, or storage trailer shall not encroach into any required landscaped open space or buffer strip; ix. Any seacan, shipping container, storage container, or storage trailer shall be screened from view from the street and abutting properties through the use of landscaping materials, and maintain an appearance that is compatible with the main use on the lot and with adjacent land uses; x. Any seacan, shipping container, storage container, or storage trailer located in the I Zone shall be painted or cladded in a manner that is compatible with the main use on the lot and with adjacent land uses; xi. No seacan, shipping container, storage container, or storage trailer shall not be located in a required parking area or parking space, and shall not encroach into any required minimum landscaped open space or buffer strip; xii. A seacan, shipping container, storage container, or storage trailer shall not be placed for the purpose of display or advertising on a property; xiii. A seacan, shipping container, storage container, or storage trailer shall not be used for the purpose of screening or fencing; xiv. A seacan, shipping container, storage container, or storage trailer shall be included in all calculations for the purpose of determining maximum lot coverage of accessory buildings or structures; and xv. Notwithstanding any other provision of this Section to the contrary, a seacan, shipping container, storage container, or storage trailer on a construction site in any Zone being developed on a standalone basis or under a Plan of Subdivision is permitted only for the purposes of storing equipment and materials incidental to construction, subject to the following restrictions: - Shall not be located in a minimum required front yard or in an exterior side yard; - Shall not exceed six (6) in number; and - Shall be removed from the site within 60 days of completing the work; xvi. In any Zone where a seacan, shipping container, storage container, or storage trailer seacan, shipping container, storage container, or storage trailer is permitted, a building permit will be required for the construction and installation of the accessory building or structure. Human habitation shall only be permitted in accessory buildings in accordance with this Section: 52 January 2020 City of Pembroke Final Zoning By-law Garden Suites a. A garden suite is only permitted where a site-specific, temporary use by-law passed under Section 39 of the Planning Act, as amended, allows for one, for a period of up to twenty (20) years; b. A maximum of one (1) garden suite is permitted per lot; c. Garden suites shall only be permitted in the R1 and R2 Zones where the main use on the lot is a single detached dwelling or semi-detached dwelling; d. Notwithstanding provision (1)(b) of this Section, where both dwelling units in a semi-detached dwelling occupy one lot, this shall not preclude both dwelling units from having a garden suite; e. The height of a garden suite shall not exceed 4.5 m [14.76 ft] and one (1) storey, or the height of the main dwelling on the lot, whichever is lesser; f. A garden suite shall only be located in a rear yard; g. A garden suite shall be set back a minimum of 1.2 m [4 ft] from an interior side lot line and shall be set back a minimum of 3.05 m [10 ft] from a rear lot line. Where the rear lot line abuts a street and the rear yard is not screened by an opaque fence, the garden suite shall be set back 3.66 m [12 ft] from the rear lot line; h. Garden suites are not subject to the maximum lot coverage requirements of Section 3.1 of this By-law. The floor area of a garden suite shall not exceed 50 m2 [538.2 ft2] or a lot coverage of 15%, whichever is lesser; i. A garden suite shall not be erected less than 1.2 m [4 ft] from another building or accessory building on the lot; j. A garden suite shall not be considered a dwelling unit for the purposes of this By-law; k. Garden suites shall not be rented out to the public for gain or profit unless specifically permitted by the temporary use by-law; and l. Notwithstanding any other provision in this By-law, the required parking space for a garden suite may be provided through tandem parking with the required parking space of the main dwelling on the lot; and m. Parking shall be provided for garden suites in accordance with Section 3.29 of this By-law. 2. Secondary Dwelling Units a. A maximum of one (1) secondary dwelling unit shall be permitted in a single detached dwelling, semi-detached dwelling, or row dwelling where permitted by this By-law, or in a building or structure which is accessory to a permitted single detached dwelling, semi- detached dwelling, or row dwelling, provided that: City of Pembroke Final Zoning By-law January 2020 53 i. It does not impact the streetscape character along the street where it is located; ii. A building permit is obtained prior to the establishment of a secondary dwelling unit, which must follow the requirements of the Ontario Building Code. b. A secondary dwelling unit shall not exceed the dwelling unit area of the main dwelling unit; c. Where an attached garage within a main dwelling unit is converted to create a secondary dwelling unit or a portion of a secondary dwelling unit, such attached garage is included in the calculation of the gross floor area of the building; d. Where a secondary dwelling unit is created in a building or structure which is accessory to a permitted single detached dwelling, semi-detached dwelling, or row dwelling, the secondary dwelling unit shall be subject to the provisions for accessory buildings and structures set out in Section 3.1(2), except as follows: i. The secondary dwelling unit shall be set back a minimum of 1.2 m [4 ft] from an interior side lot line and shall be set back a minimum of 3.05 m [10 ft] from a rear lot line; and ii. Where the rear lot line abuts a street and the rear yard is not screened by an opaque fence, the secondary dwelling unit shall be set back 3.66 m [12 ft] from the rear lot line. e. Requirements for doorway entrances or means of egress for a secondary dwelling unit shall be in accordance with the Ontario Building Code and the Ontario Fire Code; f. The creation of a secondary dwelling unit contained within the main dwelling must not result in any new doorway entrance added to the front wall, whether before, during, or after the creation of the secondary dwelling unit; g. Provision 2(f) does not: i. Prohibit an internal lobby or vestibule within a common doorway entrance in the front wall; nor ii. Prohibit the creation of a secondary dwelling unit within a main dwelling unit that already contains more than one (1) doorway entrance in the front wall; nor iii. Require the removal of a doorway entrance to a main dwelling unit that already contains more than one (1) doorway entrance in the front wall; nor iv. Prohibit the addition of one (1) doorway entrance along the front wall of a main dwelling unit on a corner lot where there is no doorway entrance along that front wall, but where there is one along the corner side wall of the main dwelling unit; h. The doorway entrance that leads to a secondary dwelling unit that is contained within the main dwelling unit is limited to locations on the ground floor only, except where the Ontario Building Code and the Ontario Fire Code dictate otherwise; i. The main dwelling unit and the secondary dwelling unit must share the parking area and yards provided for the main dwelling unit, and no new driveway may be created, except in the 54 January 2020 City of Pembroke Final Zoning By-law case of a corner lot; j. The creation of a secondary dwelling unit must not reduce the number of parking spaces provided for the main dwelling unit below the minimum required by this By-law; k. Notwithstanding any other provision in this By-law, the required parking space for a secondary dwelling unit may be provided through tandem parking with the required parking space of the main dwelling unit; and l. Parking shall be provided for secondary dwelling units in accordance with Section 3.29 of this By-law. A bed and breakfast establishment shall be permitted as an accessory use to a permitted single detached dwelling in the R1 and R2 Zones. Bed and breakfast establishments shall be subject to the following provisions: The operation of a bed and breakfast establishment shall be incidental and secondary to the main use of the single detached dwelling; 2. The operation of a bed and breakfast establishment shall not change the residential character of the dwelling or in any way alter the exterior appearance of the dwelling except for signage in accordance with provision (5) of this Section; 3. The bed and breakfast establishment shall only employ or be operated by persons whose principal residence is the dwelling unit containing the bed and breakfast establishment; 4. The requirements for off-street parking for bed and breakfast establishments of Section 3.29 of this By-law shall be met; 5. Signage a. Signage may be mounted, affixed, painted or imprinted onto the building where the bed and breakfast establishment is contained, or erected perpendicular to a street (e.g., free standing sign) up to a maximum height of 2 m [6.56 ft], and the maximum surface area of the sign shall not exceed 0.33 m2 [3.5 ft2]. A permitted sign erected in a front or exterior side yard shall be setback a minimum of 2 m [6.56 ft] from the front and exterior side lot lines; and b. Any sign erected or installed shall also conform to the provisions of any Sign By-law as may from time to time be enacted by the City of Pembroke. In the case of a conflict between the provisions of this By-law and the provisions of any such Sign By-law, the more stringent of the two shall prevail; 6. A bed and breakfast establishment shall not be subject to the home based business requirements of Section 3.14 of this By-law; and 7. A bed and breakfast establishment shall provide meals only to guests of the bed and breakfast establishment. City of Pembroke Final Zoning By-law January 2020 55 All uses listed in the following table shall provide a minimum of one (1) bicycle parking space. Bicycle parking above and beyond the one (1) minimum shall be provided for the land uses in accordance with the following table. Where a land use has a gross floor area less than the floor area for which the minimum bicycle parking space is required in the table, additional bicycle parking spaces above and beyond one (1) space are not required. (e.g. If all financial institutions on a lot have a combined gross floor area of less than 200 m2 [2,152.9 ft2], then only one (1) bicycle parking space is required for that use. Additional bicycle parking spaces required beyond the minimum of one (1), in accordance with the table below, shall not be required.); LAND USE MINIMUM NUMBER OF BICYCLE PARKING SPACES REQUIRED ABOVE THE MINIMUM OF ONE (1) REQUIRED Apartment Dwelling 0.25 spaces per dwelling unit Dwelling units above non-residential uses Retirement Home Dwelling 0.2 spaces per dwelling unit Bus Terminal 2 spaces per bus bay (minimum 10 spaces), plus required spaces for ancillary uses (e.g. eating establishment) Call Centre 1 space per 5 call centre terminals Theatre 1 space per 15 fixed seats Train Station 2 spaces per train platform (minimum 10 spaces), plus required spaces for ancillary uses (e.g., eating establishment) School 1 space per 100 m2 [1,076.4 ft2] of gross floor area Convenience Store 1 space per 150 m2 [1,614.6 ft2] of gross floor area Library Art Gallery 1 space per 200 m2 [2,152.9 ft2] of gross floor area Bakery Community Centre Eating Establishment Educational Facility, Vocational Training Shop Financial Institution Health Club Marina Medical Clinic Museum Office Personal Services Establishment Place of Entertainment Post Office Post-Secondary Educational Institution 56 January 2020 City of Pembroke Final Zoning By-law LAND USE MINIMUM NUMBER OF BICYCLE PARKING SPACES REQUIRED ABOVE THE MINIMUM OF ONE (1) REQUIRED Retail Store less than 8,000 m2 (86,114.1 ft2) of gross floor area Place of Assembly 1 space per 500 m2 [5,382.1 ft2] of gross floor area Retail Store 8,000 m2 (86,114.1 ft2) of gross floor area or greater Shopping Centre Hospital 1 space per 1,000 m2 [10,764.3 ft2] of gross floor area Light Industrial (Class I Industrial) Medium Industrial (Class II Industrial) Heavy Industrial (Class III Industrial) 2. Where a building contains more than one use, the total number of bicycle parking spaces shall be based on the combined number of spaces required for each use within the building; 3. Bicycle Parking Space Dimensions and Structures a. A bicycle parking space must comply with the minimum parking space dimensions specified in the following table: BICYCLE PARKING SPACE ORIENTATION MINIMUM SPACE WIDTH MINIMUM SPACE LENGTH Horizontal 0.6 m [1.97 ft] 1.8 m [5.91 ft] Vertical 0.5 m [1.64 ft] 0.6 m [1.97 ft] b. Notwithstanding provision (3)(a), bicycle parking spaces may be provided in a stand or rack specifically designed for bicycle parking. Examples of acceptable bicycle parking stands include, but are not limited to, the following illustrations: City of Pembroke Final Zoning By-law January 2020 57 4. Bicycle parking spaces shall be situated so that no part of a bicycle encroaches on an abutting lot or street right-of-way based on an assumed bicycle length of 1.8 m [5.91 ft] and a bicycle width of 0.6 m [1.97 ft]; 5. A bicycle parking space located outdoors must have unobstructed access from an aisle or public street having a minimum width of 1.5 m [4.92 ft]. A motor vehicle parking space or a loading space shall be considered an obstruction; 6. All bicycle parking spaces must be securely anchored to the ground or a building on the same lot; 7. Location of Bicycle Parking Spaces a. Bicycle parking shall be located on the same lot as the use or building for which it is provided; b. Bicycle parking, where located outdoors, shall be located in such as way to provide convenient access to main entrances or well-used areas; and c. A bicycle parking space may be located in any yard but shall not occupy more than 40% of the area of any yard; 8. Trees, fences, and poles and other such structures shall not qualify as providing the bicycle parking space(s) required by this By-law; and 9. Notwithstanding provision (1) of this Section, where a building or part thereof is changed from one use to another and the use that is being replaced did not have on-site bicycle parking spaces, the new use shall not be required to provide bicycle parking spaces in accordance with provision (1). Bicycle parking spaces shall only be required where a new building is constructed or an existing building is replaced. If an addition to the building or use increases the floor area or capacity of the building or use, then parking space(s) for the addition (floor area, dwelling units, bus terminal bays, train station platforms, call centre terminals or theatre fixed seats) shall be provided. A site-specific Zoning By-law Amendment is required to permit a boarding or lodging house dwelling. The provisions of this Section are intended to regulate those boarding or lodging house dwellings that are permitted by amendment. Where a building is used as a permitted boarding or lodging house dwelling, the following shall apply: The provisions of Section 7.2(4) Converted Dwellings of this By-law shall apply to boarding and lodging house dwellings, except that the Minimum Dwelling Unit Area shall be 65 m2 [700 ft2]; 2. No sign advertising the existence of the boarding and lodging house dwelling or the availability of a room shall be displayed on the building or on the lot so as to be visible from outside the boarding and lodging house dwelling; and 3. A boarding and lodging house dwelling shall occupy the whole of the building. 4. A boarding and lodging house dwelling shall comply with the provisions of the Ontario Building Code and the Ontario Fire Code. 58 January 2020 City of Pembroke Final Zoning By-law No building or structure shall be moved within the limits of the City or shall be moved from outside the City into the City, unless the building or structure is to be used for a permitted purpose 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. Where there are any conflicting requirements in this By-law, the more restrictive standards shall apply unless specifically stated otherwise. Where any provision of this By-law conflicts with the provisions of any regulation, By-law or statute of any other government authority, the higher or more stringent standard shall prevail. Notwithstanding any other provisions of this By-law, the Chief Building Official of the Corporation shall not issue a building permit or any combination thereof for the development or redevelopment of any lands or building or structure or any part thereof within the Municipality unless in accordance with the provisions of this By-law or as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act, as amended. Where a use in any Zone includes a permitted drive-through facility according to the Additional Provisions Section of the given Zone, off-street motor vehicle queuing space shall be provided for that drive-through leading to a service bay, window, kiosk or booth in accordance with the following table: USE MINIMUM NUMBER OF QUEUING SPACES REQUIRED LEADING TO USE IN / AT EACH USE LEAVING USE Car Wash Conveyor Type 4 before each wash bay 1 1 after each wash bay (if wash bay is a through bay) Automatic Type Manual Type (through bay) 1 before each wash bay Manual Type (not a through bay) n/a Eating Establishment 10 in total Financial Institution or automated banking machine 2 before each machine/window 1 1 after each machine / window All other cases 2 spaces before each service machine/window 1 1 after each machine / window City of Pembroke Final Zoning By-law January 2020 59 2. All queuing spaces shall be at least 3 m [9.84 ft] wide and at least 5.7 m [18.7 ft] long; 3. No queuing line, drive-through window or order board may be located within 3 m [9.84 ft] of a lot line abutting a Residential Zone or residential use; and 4. Where a queuing line, drive-through window or order board is located in a yard abutting a Residential Zone or residential use, it must be screened from view from that Residential Zone or use by an opaque screen or fence with a minimum height of 2 m [6.56 ft]. Notwithstanding the front yard and exterior side yard setback provisions of the zones of this By- law to the contrary, where a permitted building is to be erected on a lot in a Residential Zone, Commercial Zone or the Institutional (I) Zone where there is an established building line as defined herein, such permitted building may be erected closer to the street line than required by this By-law provided such permitted building is not erected closer to the street line than the established building line; 2. Notwithstanding provision (1) of this Section, in no case shall the setback of the lot on which the permitted building is to be erected be reduced to less than 50% of the actual setback of any one of the buildings on the lots directly abutting the lot on either side or of the required front yard setback of the Zone if the abutting lot is vacant; 3. Provisions (1) and (2) of this Section apply to both an addition to a building or to a new building; and 4. Provisions (1) to (3) of this Section do not negate compliance with other requirements of this By- law, including sight triangles. No fence shall be constructed that obstructs a sight triangle; 2. For the purposes of this Section, an unpierced hedgerow or other unpierced planting shall be deemed to be a fence and the maximum heights stated in provisions (4) and (5) of this Section shall not apply to such plantings; 3. Notwithstanding provisions (4) and (5) of this Section, fences for swimming pools shall be in accordance with Section 3.1(11) of this By-law; 4. Residential Fences a. The maximum height of a fence in a Residential Zone shall be 2.13 m [7 ft] measured above finished grade; (amended by By-law 2011-33) b. Any fence, hedge or plantings within 3.05 metres (10 feet) of any driveway shall be not more than 1 meter (3.3 feet) in height for at least 3.05 metres (10 feet) from the lot line which the driveway begins so as not to obstruct the view of the boulevard or street. Further any fence, hedge or plantings shall not be more than 1 metre (3.3 feet) in height within a sight triangle to 60 January 2020 City of Pembroke Final Zoning By-law ensure maximum visibility. (Amended 2013-46) 5. Non-residential Fences a. The minimum height of a fence abutting lot line or located in any yard in any Zone other than a Residential Zone shall be 1.52 m [5 ft] measured above finished grade; and b. The maximum height of a fence abutting lot line or located in any yard in any Zone other than a Residential Zone shall be 2.44 m [8 ft] measured above finished grade; 6. Notwithstanding provisions (4) and (5) of this Section, the maximum height of a fence within 3.05 m [10 ft] of a front or exterior side lot line shall be 1 m [3.28 ft] measured above finished grade (See also provision (8) Landscaping Requirements in Section 3.29 of this By-law); and 7. Fences for public uses by a public authority may exceed the maximum heights stated in provisions (4) and (5) of this Section. No person shall erect any building or structure in any Zone unless the lot upon which such building or structure is to be erected fronts upon an improved street, as defined in Section 2 of this By-law, and unless the lot is provided with access for vehicular traffic, in the form of an unobstructed driveway or passageway at least 3.0 m [9.8 ft] in width, from such lot to an improved street which abuts the lot; and 2. This provision shall not apply to a lot on a registered plan of subdivision or condominium where an Agreement between the owner of the subdivision or condominium and the Corporation, including provisions for the construction of the streets shown on subdivision or condominium plan, is registered in the Registry Office or Land Titles Office. Where height limitations are set forth in this By-law, such limitations shall not apply to the following: - Air conditioning duct - Barn, silo or other farm-related buildings or structures not including dwellings - Bridge - Chimney - Clock tower, church spire, steeple or belfry - Communication tower - Construction equipment during the construction process - Flag pole - Hose tower - Hydro and other utility transmission and distribution towers - Landscaped areas, roof-top gardens and terraces and associated safety guards and access structures - Lightning rod - Lighting standard - Mechanical equipment and elevator or stairway penthouse - Ornamental dome, skylight, cupola or parapet - Salt dome - Ventilator - Water tank or tower - Weathervane City of Pembroke Final Zoning By-law January 2020 61 Notwithstanding the foregoing, limitations prescribed or practices recommended by Transport Canada with respect to height limitations and appropriate lighting in the vicinity of airfields shall prevail. Home based businesses shall be permitted as accessory to any dwelling unit or secondary dwelling unit, not including garden suites, in any Zone that permits residential uses in accordance with the following: Permitted Uses The scope of permitted home based businesses shall be any of those that fall within any of the following categories subject to provisions (2) to (4) of this Section: a. Professional and consulting services (examples: architect, financial advisor, accountant, consultant, legal services, physician, telemarketing, surveyor, computer services); b. Instructional services (examples: music lessons, dance, art and academic tutoring); c. Home craft businesses (examples: quilting, pottery, jewellery, visual arts, woodworking, small scale assembly); d. Day care centre; e. Distribution sales offices, distribution sales, or mail order sales (e.g. cosmetics, clothing or small household supplies); f. Offices for contractors and trades (examples: plumbing, heating, electrical, carpentry); g. Repair services, not including small engines (examples: small appliance, computers); h. High technology uses (examples: internet services, office call centres, desktop publishing, hardware and software development); i. Personal care services limited to one chair or customer at a time (examples: hairdressing/cutting, massage therapist, aesthetician but excludes the use of a tattoo parlour as a home based business). (2018-52) 2. Notwithstanding provision (1) of this Section, instructional services and day care centres are not permitted home based businesses within dwelling units located in apartment dwellings, above commercial uses, or in dwellings accessory to commercial, institutional or industrial uses; 3. An eating establishment, take-out eating establishment, medical clinic, kennel, laundry service, any retail or wholesale store or vending outlet, animal hospital, multiple chair personal care service, small engine repair, place of amusement, funeral home, mortuary, small engine repair, automobile repair, tourist commercial establishment, workshop, storage yard, machine shop, automobile repair garage, convalescent home, the storage of automobiles, buses, boats, recreation vehicles and other vehicles, or any use that cannot be categorized under provision (1) of this Section shall not be 62 January 2020 City of Pembroke Final Zoning By-law permitted as a home based business; 4. An animal day care establishment shall be permitted as a home based business, provided that the number of household pets being kept within such animal day care establishment does not exceed three (3) at any one time; 5. Permitted home based businesses are subject to the following provisions: a. Home based businesses shall not become a nuisance because of noise, odour, dust, fumes, vibration, radiation, glare, traffic or parking; b. Home based businesses shall not become a fire or building hazard or health risk; c. Home based businesses shall not interfere with radio, television or other telecommunications transmissions; d. The operator(s) of the home based business must reside in the dwelling unit in which the home based business is conducted; e. No more than one (1) home based business may be conducted within a main dwelling unit, and no more than one (1) home based business may be conducted within any other type of dwelling unit; f. On-site non-resident employees are prohibited in association with any home based businesses located within a secondary dwelling unit or dwelling units located in an apartment dwelling, above commercial uses or accessory to institutional, commercial or industrial uses. In all other cases, a maximum of two (2) on-site non-resident employees are permitted per main dwelling unit; g. Home based businesses shall not be permitted in accessory buildings or structures. Where an attached garage is converted for use as part of a home based business, the garage shall be converted to a habitable portion of the dwelling and the required parking for the dwelling unit must continue to be legally provided on the lot; h. Home Based Business Size i. Where a home based business is located in an attached garage that has been converted in accordance with provision (4)(f) of this Section, the cumulative size of a home based businesses must not exceed a maximum gross floor area of 55 m2 [592.02 ft2]; and ii. In all other cases, the cumulative size of a home based business must not exceed 25% of the dwelling unit's gross floor area or 48 m2 [516.67 ft2], whichever is lesser. i. Outdoor storage is prohibited; j. Signage i. There shall be no external display or advertisement other than an unlit or non-illuminated sign measuring no more than 0.33 m2 [3.55 ft2], indicating to persons outside that a part of the dwelling is being used for a purpose other than residential; City of Pembroke Final Zoning By-law January 2020 63 ii. Such signage may be mounted, affixed, painted or imprinted onto the building where the business is being conducted, or erected perpendicular to a street or road (e.g., free standing sign) up to a maximum height of 1.5 m [4.92 ft]. A permitted sign erected in a front or exterior side yard shall be setback at least 1.5 m [4.92 ft] from the front and exterior side lot lines and shall not be located within a sight triangle; and iii. Any sign erected or installed shall also conform to the provisions of any Signs By-law as may from time to time be enacted by the City of Pembroke. In the case of a conflict between the provisions of this By-law and the provisions of any such Signs By-law, the more stringent of the two shall prevail; k. Where a home based business sells merchandise on the premises, it shall only sell those items that are made on the premises. Notwithstanding the foregoing, telemarketing and mail order sales are permitted provided that any merchandise purchased is delivered or mailed directly to the customer; l. No mechanical or electrical equipment shall be used except that which is reasonably consistent with the use of a dwelling unit; m. Where instruction services are carried out as a home based business, not more than five (5) pupils shall be accommodated at any given time; n. Day Care Centres i. Notwithstanding provision (1) of this Section, day care centres shall not be permitted in secondary dwelling units or dwelling units located in an apartment dwelling, above commercial uses or accessory to institutional, commercial or industrial uses; ii. Notwithstanding provision (4)(e), only one (1) day care centre is permitted in any one dwelling unit; and iii. Day care centres shall not accommodate more than five (5) children; and o. Home based businesses shall not receive clients, customers or deliveries between the hours of 9:00 pm (2100 hours) and 7:00 am (0700 hours). In any Zone, any portion of any front yard which is not used for any other permitted use shall be devoted to landscaped open space; Any land used for landscaped open space shall be included in the calculations of the lot area, yard area, and yard setback requirements as set forth in this By-law; Any land used as a buffer strip may form part of any required landscaped open space and any required yard, and shall be included in the calculations of the lot area, yard area and yard setback requirements as set forth is this By-law; Where landscaped open space or a buffer strip is required as buffering, such landscaping shall be 64 January 2020 City of Pembroke Final Zoning By-law continuous except for lanes, driveways, aisles, pathways or walkways which provide access to and through the lot. It shall be permissible to interrupt the landscaped open space or buffer strip within 3 m [9.84 ft] of the edge of such lane, driveway or aisle, or within 1.5 m [4.92 ft] of the edge of such walkway or pathway; A buffer strip required by this By-law shall be used for no other purpose than for the erection of a fence or the planting of a continuous row of natural evergreens or natural shrubs, not less than 0.61 m [2 ft] in height at planting and maintained at a minimum height of 1.52 m [5 ft] at maturity, immediately adjacent to the lot line or portion thereof along which such buffer strip is required by this By-law; the remainder of the strip shall be landscaped and planted with grass, ornamental shrubs, flowering shrubs, flower beds, trees or a combination thereof; Where a buffer strip is required in any Zone, it shall be of a minimum width as specified in the requirements of that Zone and shall be abutting the said lot line for which it is required; and Required landscaped open space and buffer strips shall be located on the same lot for which it is required. Loading Space Requirements The Owner or occupant of any lot, building or structure erected or used for any purpose involving the frequent receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise and raw materials shall provide and maintain loading spaces on the lot occupied by the building or structure and not forming part of a street or lane, in accordance with the following table: LAND USE MINIMUM NUMBER OF LOADING SPACES REQUIRED BASED ON GROSS FLOOR AREA 0 - 278.7 m2 278.71 - 1,000 m2 1,000.01 - 2,322.5 m2 2,322.51 - 7,432 m2 7,432.01 m2 or more [0 - 3,000 ft2] [3,000.1 - 10,764.3 ft2] [10,764.4 - 25,000 ft2] [25,000.1 - 80,000 ft2] [80,000 ft2 or more] Hospital 0 1 2 3 Light, Medium and Heavy Industrial (Class I, II and III Industrial) Museum Post-Secondary Educational Institution School Theatre Transportation Terminal Warehouse City of Pembroke Final Zoning By-law January 2020 65 LAND USE MINIMUM NUMBER OF LOADING SPACES REQUIRED BASED ON GROSS FLOOR AREA 0 - 278.7 m2 278.71 - 1,000 m2 1,000.01 - 2,322.5 m2 2,322.51 - 7,432 m2 7,432.01 m2 or more [0 - 3,000 ft2] [3,000.1 - 10,764.3 ft2] [10,764.4 - 25,000 ft2] [25,000.1 - 80,000 ft2] [80,000 ft2 or more] Retail Store, Automotive Store, Building Supply Outlet, Shopping Centre 0 1 2 All other non- residential uses 0 1 2 Residential Uses 0 2. Notwithstanding provision (1) of this Section, loading spaces are only required in the C3 Zone for uses that have a gross floor area of 1,000.1 m2 [10,765.2 ft2] or more, except for office or testing or research laboratory uses for which loading space is only required if the use has a gross floor area of 22,043.8 m2 [22,000 ft2] or more; 3. Loading spaces shall have: a. A minimum length of 9.14 m [30 ft]; b. A minimum width of 3.51 m [11.5 ft]; and c. A minimum vertical clearance of 4.7 m [15.42 ft]; 4. Access Access to loading spaces shall be by means of a driveway at least 6.1 m [20 ft] wide contained within the lot on which the spaces are located and leading to a street or lane located within or adjoining the zone in which the use is located; 5. Loading Space Surface The driveways, and loading spaces shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt, concrete, or Portland cement binder, for a combined depth of at least 15.24 cm [6 in] and with provisions for drainage facilities; 6. Location a. The required loading space or spaces shall be located on the lot occupied by the building or structure for which the spaces are required and such space shall not form part of any street or required parking area; b. Loading spaces shall not be located in any required front or exterior side yard; and 66 January 2020 City of Pembroke Final Zoning By-law c. Loading spaces may be located partly or entirely within a building or structure; 7. Additions to Building The loading space requirements referred to herein shall not apply to any building or structure in existence at the date of passing of this By-law so long as the floor area as it existed at such date is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading spaces shall be provided as required by provision (1) of this Section for such addition; 8. Cumulative Standards Where there are two (2) or more uses located on the same lot, the loading space requirements shall be the sum of the requirements for each use; and 9. Illumination of loading spaces shall be so arranged as to be diverted away from any adjacent Institutional (I) Zone, Open Space (OS) Zone, Residential Zone or any lands used primarily for residential purposes. Where a building, structure or lot accommodates more than one (1) use, whether in the form of a mixed use building or not, the loading space and parking space requirements for such building, structure or lot shall be the sum of the requirements for the separate uses thereof (e.g. Where a lot is to be developed for a mixed use building containing offices, eating establishments and retail stores, the number of parking spaces and loading spaces required would be the sum of each separate commercial use's required parking spaces and loading spaces). Where a lot is divided into more than one (1) 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. No person shall hereafter erect and/or use in whole or in part any building or structure without full municipal services for any purpose in any Zone, except for the Open Space (OS) Zone and except where specifically permitted as an exception to this By-law. Alterations to Non-Complying Buildings and Structures: Nothing in this By-law shall prevent the enlargement, reconstruction, renovation or repair of an existing non-complying building or structure provided such enlargement, reconstruction, renovation or repair does not: a. Further increase non-compliance with any applicable provisions of this By-law; and City of Pembroke Final Zoning By-law January 2020 67 b. Contravene any other provisions of this By-law. 2. Development on Existing Non-Complying Lots Development is permitted on any vacant lot existing on the date of passing of this By-law and which lot is legally non-complying with respect to the provisions of this By-law, provided that: a. The proposed use is permitted in the Zone in which the lot is located; and b. The proposed use does not contravene any other provisions of this By-law. 3. Use of Undersized Lots Where a lot having less than the minimum lot area, depth or frontage required by this By-law, exists on the date of passing of this By-law or is increased in area or frontage but still does not meet the minimum area or frontage requirements of this By-law, such lot may be used for a purpose permitted in the Zone in which it is located provided that all other applicable provisions in this By- law are met; 4. Expropriation and/or Road Widening: a. If any legally existing building or structure would become non-complying as a result of a road widening or an expropriation, by having its front yard, exterior side yard or setback reduced, the said existing building or structure shall be deemed to be complying for the purposes of this By-law; and b. If any legally existing lot would become non-complying as a result of a road widening or an expropriation, by having its lot area, lot depth, and/or frontage reduced, the said existing lot shall be deemed to be complying for the purposes of this By-law. Continuation of Existing Uses The provisions of this By-law shall not apply to prevent the use of any existing lot, building, or structure for any purpose prohibited by this By-law if such lot, building, or structure was legally used for such purpose on the date of the passing of this By-law, and provided that the lot, building, or structure continued to be used for that purpose. Reconstruction of a Damaged Existing Building Nothing in this By-law shall apply to prevent the reconstruction of any legal non-conforming building or structure which existed on the date of the passing of this By-law, which is damaged by causes beyond the control of the owner. Such building or structure may be reconstructed within the original footprint, building height, and location, even if such building or structure does not comply with one or more of the provisions of this By-law, provided that the building height, size, volume, or lot coverage is not increased. 68 January 2020 City of Pembroke Final Zoning By-law Restoration of Buildings to a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure or part thereof, lawfully used on the date of the passing of this By-law, provided that such strengthening or restoration does not increase the building height, size, or volume, or change the use of such building or structure. Change of Use The use of any existing lot, building or structure which is not permitted in the Zone in which it is located shall not be changed except to a use which is listed as a permitted use in such Zone, or to a use which is authorized by the Committee of Adjustment pursuant to its powers under the Planning Act, as amended. No use shall be permitted that, due to its nature or the materials used therein, is declared to be a noxious trade, business or manufacture by the Public Health Act or any regulations made thereunder. Only those industrial uses shall be permitted which are able to comply with high environmental standards and are not likely to be obnoxious, or dangerous by reason of fire, explosion, vibrations, noise, dust, smoke, or odour. No human habitation nor an occupation or activity conducted for gain or profit unless specifically permitted elsewhere in this By-law shall be permitted in the following buildings, structures or parts thereof: a. Any private garage or other building which is accessory to a residential use unless specifically permitted in this By-law; a. Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels; b. Any cellar, as defined in this By-law; and c. Any mobile home, trailer or recreation vehicle. Open storage shall only be permitted in the Highway Commercial (C2) Zone and Industrial Zones in accordance with the following: In the C2 Zone, open storage shall not be permitted within any front, side or rear yard where the C2 Zone abuts any Residential Zone or Institutional (I) Zone; 2. In the M1 and M2 Zones, open storage shall not be permitted within any front yard nor within the minimum side or rear yard where these yards abut any Residential Zone or Institutional (I) Zone; 3. A buffer strip, a minimum of 3 m [9.84 ft] in width shall be provided around all sides of an open City of Pembroke Final Zoning By-law January 2020 69 storage area where it abuts an adjacent lot; 4. Where open storage areas abut Residential Zones or Institutional (I) Zones, the required buffer strip must also include visual screening. Any combination of plant materials, landscaped berms or fencing may be used, but such materials must provide an effective visual screen between the open storage areas and the abutting properties. Such buffer strip shall also be in accordance with Section 3.15 of this By-law; 5. Any areas used for open storage shall be in addition to any minimum off-street parking or loading areas required by this By-law. An outdoor commercial patio is permitted where it is operated as part of a permitted eating establishment, take-out eating establishment, place of assembly or tavern. Outdoor commercial patios shall not be permitted in association with any adult entertainment parlour; An outdoor commercial patio shall not be permitted on a rooftop or in any yard abutting a Residential Zone unless the outdoor commercial patio is setback a minimum of 30 m [98.43 ft] from lands in a Residential Zone and such patio is screened from the Residential Zone by a building, structure or wall that is at least 2 m [6.56 ft] in height to screen the patio from view from the Residential Zone and to mitigate noise. Such wall shall be located a maximum of 0.91 m [3 ft] from the edge of the patio; An outdoor commercial patio shall not encroach on or eliminate any required driveway, aisle or parking or loading space. An outdoor commercial patio shall not obstruct a sight triangle; The highest point of the platform of an outdoor commercial patio built at ground level shall not be more than 1.5 m [4.92 ft] above the finished grade; Outdoor commercial patios constructed at ground level shall be entirely enclosed by a fence or wall. Openings in such fence or wall shall only be permitted for access on and off of the patio and where the patio connects to a building. Such fence or wall shall have a minimum height of 1 m [3.28 ft] and shall have maximum height of 2 m [6.56 ft] above the patio platform; Outdoor commercial patios constructed 1.5 m [4.92 ft] or more above the finished grade shall only be permitted on a rooftop with a height of at least 2 m [6.56 ft] above the finished grade; Outdoor commercial patios constructed on a rooftop shall be entirely enclosed by a fence or wall. Openings in such fence or wall shall only be permitted for access on and off of the patio and where the patio connects to a building. Such fence or wall shall have a minimum height of 1.5 m [4.92 ft] and a maximum height of 2 m [6.56 ft] above the patio platform; Notwithstanding provision (7) of this Section, fences or walls for rooftop outdoor commercial patios shall not exceed the maximum height permitted in the underlying zone. Notwithstanding this or anything else in this By-law to the contrary except provision (2) of this Section, a fence or a wall for a rooftop outdoor commercial patio may exceed the maximum height permitted in the underlying Zone by 1 m [3.28 ft] where the 1 m [3.28 ft] above the maximum permitted height consists of at least 80% solid transparent material (e.g. glass). This shall not negate compliance with 70 January 2020 City of Pembroke Final Zoning By-law provision (2) of this Section; The fence or wall required by provision (7) of this Section shall be set back a minimum of 0.61 m [2 ft] from the edge of the rooftop of the building; The surface area of the outdoor commercial patio shall not exceed the interior customer serving floor area of eating establishments, places of assembly or taverns. This shall not apply to take- out eating establishments; An outdoor furnace may be permitted only in the General Industrial (M1), Economic Enterprise (M2) and Open Space (OS) Zones; Outdoor furnaces require a minimum setback of 100 m [328.08 ft] from any lot line; and When an outdoor furnace is located more than 100 m [328.08 ft] but less than 200 m [656.17 ft] from any lot line, the smoke stack of the outdoor furnace shall be higher than the highest building it serves. Outdoor illumination of buildings, structures or yards, including parking areas, loading spaces and outdoor commercial patios, shall be permitted provided the fixtures are designed and installed so that the light is directed downward and is directed away from adjacent lots or streets. Notwithstanding the list of permitted uses in each Zone established by this By-Law, public parks, recreational paths and trails, pathways, walkways, streets, lanes, highways, monuments and heritage sites are permitted in all Zones of this By-Law. Parking spaces and all driveways and aisles leading to those spaces must be provided for each land use in accordance with the provisions of this Section of this By-law, and must be set aside for and used exclusively for that purpose, must not be obstructed, and must be located on the same lot as the use or building for which they are provided except where otherwise permitted. General Parking Provisions a. Notwithstanding the precise number of parking spaces required by this By-law, if the calculation of the minimum parking space requirement results in a fraction, the minimum requirement shall be the next higher whole number (e.g. 7.23 spaces shall be deemed to require 8 parking spaces); and b. For the purposes of this Section, 0.5 m [1.64 ft] of fixed bench seating is equivalent to one (1) fixed seat. City of Pembroke Final Zoning By-law January 2020 71 2. Minimum Parking Space Requirements The owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time, parking spaces and parking areas as follows: LAND USE MINIMUM NUMBER OF PARKING SPACES REQUIRED Residential Uses: Single Detached Dwelling 2 spaces per dwelling unit Semi-detached Dwelling Row Dwelling Duplex Dwelling 1.5 spaces per dwelling unit Triplex Dwelling Converted Dwelling Quadruplex Dwelling Apartment Dwelling, Cluster Housing 1.25 space per dwelling unit, plus an additional 0.25 spaces for visitor parking Dwelling unit above non- residential uses, Dwelling unit in portions of non-residential buildings (not including accessory dwelling units) 1 space per dwelling unit Dwelling unit accessory to a non- residential use in the C2 and I Zones 1 space per dwelling unit Dwelling, Retirement Home 0.25 spaces per dwelling unit, plus an additional 0.25 spaces for visitor parking Garden Suite or Secondary Dwelling Unit 1 space per garden suite or secondary dwelling unit Boarding or Lodging House Dwelling 0.5 spaces per room offered for rent Bed and Breakfast 1 space per guest room in addition to the required residential spaces Home Based Business 0 spaces Group Home 1 space per 100 m2 [1,076.4 ft2] of gross floor area Residential use ancillary to and located on the same lot as a Post- Secondary Educational Institution 0.25 spaces per bed Student Residence 0.5 spaces per bedroom Women's Shelter 1 space per 3 beds, plus 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area of administration, counselling and indoor recreation areas 72 January 2020 City of Pembroke Final Zoning By-law LAND USE MINIMUM NUMBER OF PARKING SPACES REQUIRED Continuum-of-Care Home 0.25 spaces per dwelling unit or bed available for lodging, plus 1 space per 100 m2 [1,076.4 ft2] of gross floor area used for medical, health or personal services All other residential uses not listed above 1 space per dwelling unit Other Uses: Adult Entertainment Parlour 5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Agricultural Use 2 spaces per farm, plus 3 spaces per 100 m2 [1,076.4 ft2] of floor area of farm produce outlet Ambulance Facility 2 spaces per ambulance bay Art Gallery, Library, Studio 2.5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Animal Hospital, Veterinary Hospital 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area Automobile Body Shop 3 spaces per service bay Automobile Service Station, Commercial Garage 2 spaces per service bay plus 1 space per 100 m2 [1,076.4 ft2] of gross floor area dedicated to the retail sale of products other than gasoline, propane and other petroleum products Automobile Rental Establishment, Automobile Sales Establishment, Recreational Vehicle Sales and Rental Establishment, Equipment Rental Establishment Sales/showroom area: 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Service area: 2 spaces per service bay Other areas: 1 space per 100 m2 (1,076.4 ft2) of gross floor area Bakery 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area Broadcasting Studio 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Building Contractor's Shop 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Bus Terminal 5 spaces per bus bay Call Centre 1 space per 3 call centre terminals Cannabis Production Facility 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area of the production area, plus 1 space per 100 m2 [1,076.4 ft2] of the gross floor area of storage/warehouse area Car Wash 0 spaces Catering Establishment 1 space per 100 m2 [1,076.4 ft2] of gross floor area Cemetery 1 space per 100 m2 [1,076.4 ft2] of gross floor area of any office or administration area Commercial Greenhouse 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Community Centre 5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Convenience Store 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area City of Pembroke Final Zoning By-law January 2020 73 LAND USE MINIMUM NUMBER OF PARKING SPACES REQUIRED Craft Brewery, Craft Distillery 1 space per 100 m2 [1,076.4 ft2] of gross floor area of the production area, plus 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area dedicated to accessory tasting and dining facilities or accessory retail sales area Day Nursery 3 spaces, plus 1 space per 4 children received based on the maximum number of children permitted at one time Eating Establishment 7 spaces per 100 m2 [1,076.4 ft2] of gross floor area Take-out Eating Establishment 5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Educational Facility, Vocational Training Shop 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Farmer's Market 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area Financial Institution 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area Funeral Parlour 6 spaces per 100 m2 [1,076.4 ft2] of gross floor area Gasoline Retail Facility 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area dedicated to the retail sale of products other than gasoline, propane and other petroleum products Golf Course 4 spaces per hole plus spaces required for ancillary uses (e.g. eating establishment, conference facility) Health Club 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area Hospital 1 space per bed Hotel, Motel 1 space per guest room, in addition to parking spaces required for ancillary uses (e.g. eating establishment, conference facility) Light Industrial (Class I Industrial) 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area of the production area, plus 1 space per 100 m2 [1,076.4 ft2] of the gross floor area of storage/warehouse area Medium Industrial (Class II Industrial) Heavy Industrial (Class III Industrial) Lumber Yard, Salvage Yard 1 space per 100 m2 [1,076.4 ft2] of gross floor area of bulk storage Marina 1 space per 100 m2 [1,076.4 ft2] of gross floor area, plus 1 space per boat slip Medical Clinic 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Miniature Golf Course 1 space per hole Nursery 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Office, Museum 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Private Park Sports field: 4 spaces per sports field or swimming pool or 1 space per 5 fixed seats, whichever is greater All other cases: 0 spaces 74 January 2020 City of Pembroke Final Zoning By-law LAND USE MINIMUM NUMBER OF PARKING SPACES REQUIRED Public Park Sports field: 4 spaces per sports field or swimming pool or 1 space per 5 fixed seats, whichever is greater All other cases: 0 spaces Parking Garage 0 spaces Parking Lot Personal Services Establishment, Laundromat 2.5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Place of Assembly, Place of Worship, Bingo Hall 1 space per 4 fixed seats or 10 spaces per 100 m2 [1,076.4 ft2] of gross floor area of assembly area, whichever is greater Place of Entertainment 3 spaces per alley, court, game table or other game surface, plus spaces required for ancillary uses (e.g. eating establishment) Post Office 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Post-secondary Educational Institution 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Retail Store, Automotive Store, Building Supply Outlet 3.5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Service Industry Establishment 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Shopping Centre 5 spaces per 100 m2 [1,076.4 ft2] of net leasable floor area School (Elementary: JK - Grade 8) 1.5 spaces per classroom (includes portables), plus 10 spaces per 100 m2 [1,076.4 ft2] of gross floor area of an auditorium School (Secondary: Grade 9 and up) 2 spaces per classroom (includes portables), plus 10 spaces per 100 m2 [1,076.4 ft2] of gross floor area of an auditorium Self Storage Facility 0.75 spaces per rentable storage unit Studio 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Tavern 7 spaces per 100 m2 [1,076.4 ft2] of gross floor area Taxi Depot 1.5 spaces per 100 m2 [1,076.4 ft2] of gross floor area, minimum of 3 spaces Testing or Research Laboratory 2 spaces per 100 m2 [1,076.4 ft2] of gross floor area Theatre 1 space per 4 fixed seats Transportation Terminal 1.5 spaces per 100 m2 [1,076.4 ft2] of gross floor area Warehouse 1 space per 200 m2 [2,152.8 ft2] of gross floor area Welding Shop, Custom Workshop 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area Wholesale Establishment 4 spaces per 100 m2 [1,076.4 ft2] of gross floor area All other non-residential uses not listed above 3 spaces per 100 m2 [1,076.4 ft2] of gross floor area City of Pembroke Final Zoning By-law January 2020 75 3. Differences in Parking Spaces Provided and Required a. Where on the date of the enactment of this By-law a use complies with the provisions of the predecessor of this By-law, and there is a difference between the number of parking spaces provided for that use under the predecessor by-law and the minimum number of parking spaces required for that use by this By-law, the additional parking spaces required by this By-law shall not be required, as long as that use continues; b. Where a use covered under provision (3)(a) changes from a permitted use to another permitted use and the minimum number of parking spaces required is the same for both the new use and the previous use, no additional parking spaces shall be required; c. Where a use covered under provision (3)(a) changes from a permitted use to another permitted use and the minimum number of parking spaces required is less for the new use than for the previous use, no additional parking spaces shall be required; and the parking spaces that were provided for the previous use may be reduced to the minimum number of parking spaces required for the new use; d. Where a use covered under provision (3)(a) changes from a permitted use to another permitted use and the minimum number of parking spaces required for the new use is greater than the minimum number of spaces required for the previous use, additional parking spaces shall be provided for the difference between what the previous use required and what the new use requires under provision (2) of this Section; e. Provision (3)(d) shall not apply to those lands in the Central Commercial (C3) Zone, and additional parking spaces shall not be required for the difference between what the minimum number of parking spaces the previous use required and what the new use requires under provision (2) of this Section; f. Where an extension or addition is made to a building or a building's capacity is increased, additional parking spaces shall be provided for the extension or addition or the increase in capacity in conformity with the minimum number of parking spaces required under provision (2) of this Section for that use. The required parking spaces may also be provided on other lots in accordance with provision (12) of this Section. g. Provision (3)(f) shall not apply to those lands in the Central Commercial (C3) Zone where the owner of the property enters into an agreement with the City under the Planning Act for cash- in-lieu of parking for the difference between the minimum number of parking spaces required before and after the extension, addition or increase in capacity; h. Where, on the date of enactment of this By-law, a use was not provided with the minimum number of parking spaces required by the predecessor of this By-law, this By-law shall not be interpreted to require that the difference be provided prior to any extension or addition or increase in capacity. However, no extension or addition or increase in capacity may occur that would increase that difference without the minimum number of parking spaces being provided for the extension or addition or increase in capacity in accordance with this By-law; and i. Where, on the date of enactment of this By-law, a use was not provided with the minimum number of parking spaces required by the predecessor of this By-law and the use is changed to another permitted use or is reconstructed, the minimum number of parking spaces shall be 76 January 2020 City of Pembroke Final Zoning By-law provided for the new use or building in conformity with the minimum number of parking spaces required by this By-law for that use or building, unless exempted by this By-law; 4. Barrier-Free Parking a. Where parking spaces are required by provision (2) of this Section for any non-residential use or any residential use which requires the provision of visitor parking spaces, barrier-free parking spaces shall be provided in accordance with the following table. Barrier-free parking spaces shall not be required in addition to those parking spaces required by provision (2), but rather, these barrier-free parking spaces shall contribute to the total number of parking spaces required by provision (2); and NUMBER OF PARKING SPACES REQUIRED UNDER SECTION 3.29(2) CORRESPONDING NUMBER OF BARRIER-FREE PARKING SPACES REQUIRED 1 - 12 1 13 - 100 4% of the total number of parking spaces required by provision (2) 101 - 200 1, plus an additional 3% of the total number of parking spaces required by provision (2) 201 - 1,000 2, plus an additional 2% of the total number of parking spaces required by provision (2) 1,001 or more 11, plus an additional 1% of the total number of parking spaces requires by provision (2) b. The required barrier-free parking spaces calculated per provision (4)(a) shall be rounded to the nearest whole number; c. The minimum number of barrier-free parking spaces shall be calculated and provided for the total number of parking spaces provided on the lot, and shall not solely be based on the minimum number of required parking spaces; d. Barrier-free parking spaces shall not be required in association with any parking spaces required and provided for emergency service vehicles, motor vehicles displayed for sale, or any other vehicles associated with outside storage; e. Where barrier-free parking spaces are required by provision (4)(a), each barrier-free parking space shall be designated by a sign mounted on a post or wall that is visible during winter months. Such sign shall be mounted at least 1.5 m [4.92 ft] above grade and shall identify the space as being "van accessible". 5. Standard Parking Space Sizes a. Standard parking spaces shall have: i. A minimum width of 2.74 m [9 ft] and a minimum length of 5.5 m [18.04 ft]; or ii. Notwithstanding provision 5(a)(i) above, a minimum length of 6.61 m [22 ft] is required where aligned for parallel parking. City of Pembroke Final Zoning By-law January 2020 77 Figure 3-1: Illustration of Requirements for Standard Parking Spaces b. Barrier-free parking spaces shall have: i. A minimum width of 3.5 m [11.48 ft] and a minimum length of 5.75 m [18.87 ft]; ii. Notwithstanding provision 5(b)(i), a minimum length of 7.01 m [23 ft] is required where aligned for parallel parking; and iii. Access provided by a barrier-free access aisle with a minimum width of 1.5 m which extends the full length of the parking space, and which is marked with high tonal contrast diagonal lines (i.e. hatching) on a hard surface. Two (2) barrier-free parking spaces which are adjacent to one another may share one (1) barrier-free access aisle. Figure 3-2: Barrier-free Parking Space Requirements 78 January 2020 City of Pembroke Final Zoning By-law 6. Parking Area Surface Each parking area and driveway connecting the parking area with a street shall be paved with an asphalt or concrete surface, except that in the case of a dwelling containing not more than three (3) dwelling units, such parking area and driveway shall, before being used, be constructed of one or more the following: asphalt or concrete, for a combined depth of at least 15.24 cm [6 in] and with provisions for drainage facilities; 7. Access a. Access driveways designated for two-way traffic shall be not less than 6.1 m [20 ft] wide, but not more than 9.14 m [30 ft] in width except for Industrial Zones and the Highway Commercial (C2) Zone. Separate single lane entrance and exit driveways shall not be less than 3.05 m [10 ft] in width; b. The aisles between and/or providing access to parking spaces shall have a minimum of 6.1 m [20 ft]; c. The maximum width of any abutting driveways along a common lot line, measured along the street line, shall be 9.14 m [30 ft], except for in Industrial Zones; d. The minimum distance between two separate driveways on one lot, measured along the street line, shall be 7.62 m [25 ft]; e. The minimum distance between a driveway and an intersection of street lines, measured along the street line intersected by the driveway shall be 6.10 m [20 ft] for all residential uses in the Residential Zones and shall be 7.92 m [26 ft] in all other zones; f. The minimum angle of intersection between a driveway and a street line shall be 60º; g. Access to parking areas for commercial or industrial uses shall not pass through a Residential Zone; h. In an R1, R2 or R3 Zone, a driveway may be shared between two abutting lots provided that: i. For a driveway accessing a parking lot or parking garage, it complies with provision (7) of this Section; and ii. At a minimum, the driveway is at least 3.05 m [10 ft] in width; i. All driveways and aisles providing access to or located within a parking lot or parking garage must have a minimum vertical clearance clear of obstructions such as signs and other structures of: i. For a parking lot, 2.13 m [7 ft]; or ii. For a parking garage, in accordance with the Building Code, as amended; City of Pembroke Final Zoning By-law January 2020 79 8. Landscaping Requirements a. Where a parking area providing more than four (4) off-street parking spaces is located in a yard that abuts a lot in a Residential Zone, then a buffer strip with a minimum width of 3 m [9.85 ft] shall be provided and maintained abutting the shared lot line. Such buffer strip shall be in accordance with Section 3.15 of this By-law, except that plant materials shall include trees and shrubs of not less than 3 m [9.84 ft] and 1 m [3.28 ft] respectively in height at the time of planting and whose heights at maturity will reach at least 9 m [29.53 ft] and 1.52 m [5 ft] respectively. Such plant materials may be combined or replaced by landscaped berms that provide a similarly effective visual screen. The maximum height of plant materials and fences in a buffer strip within 3.05 m [10 ft] of a front or exterior side lot line shall be 1 m (3.28 ft] measured above finished grade to ensure maximum visibility (see also Section 3.11); b. Where a parking area providing more than four (4) off-street parking spaces is located in a yard abutting a street, then a buffer strip with a minimum width of 1 m [3.28 ft] shall be provided and maintained along the lot line abutting the street, and such buffer strip shall be in accordance with Section 3.15 of this By-law; c. Where a parking area providing more than thirty (30) off-street parking spaces is located in a yard abutting a street, then a strip of landscaped open space shall be provided and maintained along the lot line abutting the street, and the said landscaped open space shall include trees, low growing shrubs and grass and shall be continuous except for walkways, paths, trails, aisles or driveways required to access the lot and shall have a minimum width of 2 m [6.56 ft]; d. All outdoor refuse collection areas contained within a parking lot must be: i. Located at least 7.62 m [25 ft] from a lot line abutting a public street; ii. Located at least 3.05 m [10 ft] from any other lot line; and iii. Screened from view by an opaque screen or fence with a minimum height of 2 m [6.56 ft]; e. Any fence, hedge or plantings within 3.05 metres (10 feet) of any driveway shall be not more than 1 meter (3.3 feet) in height for at least 3.05 metres (10 feet) from the lot line which the driveway begins so as not to obstruct the view of the boulevard or street. Further any fence, hedge or plantings shall not be more than 1 metre (3.3 feet) in height within a sight triangle to ensure maximum visibility. (amended 2013-46) 9. More than One Use on a Lot When a building or structure accommodates more than one type of use as set out in provision (2) of this Section, the parking space requirement for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate types of use; 10. Use of Parking Space and Areas a. Any areas where off-street parking is permitted under this By-law shall be used only for the parking of operative vehicles bearing a motor vehicle licence plate currently valid, and for vehicles used in operations incidental to the permitted uses in respect of which such parking spaces and areas are required, provided that no person shall in any Residential Zone use any 80 January 2020 City of Pembroke Final Zoning By-law lot for the parking or storage of any commercial motor vehicle in excess of one-half ton capacity. b. Notwithstanding the foregoing, the owner or occupant of any lot, building or structure in any Residential Zone may use any private garage of which he is the owner or occupant, erected upon any such lot for the parking or storage of one commercial motor vehicle not exceeding one-ton capacity operated by himself. c. Provided further, however, that notwithstanding the foregoing, no person shall in any Residential Zone use any lot, building or structure for the parking or storage of more than one commercial motor vehicle. 11. Parking Area Location on Lot a. Notwithstanding the yard provisions of this By-law to the contrary, unenclosed surface parking areas shall be permitted in the required yards as follows: ZONE / USE YARD AND PARKING REGULATIONS R1, R2, R3 and R4 Zones, not including apartment dwellings or cluster housing Parking area is permitted in all yards, provided it is in a driveway (see Figure 3-3). The width of a driveway shall not exceed 30% of the width of the front lot line or exterior side lot line respectively, or 6.10 m [20 ft], whichever is the lesser. Except that, the width of a driveway shall not be reduced to less than 3.05 m [10 ft]. Apartment dwellings and cluster housing Parking area is permitted in all yards, provided that no part of any parking area, other than a driveway, is located less than 3.05 m [10 ft] from any street line. OS, C1, C2, C3, C4, I, H and FP Zones Parking area is permitted in all yards, provided that no part of any parking area, other than a driveway, is located less than 1 m [3.28 ft] from a street line or 2 m [6.56 ft] from a Residential Zone. Industrial Zones Parking area is permitted in interior side and rear yards only. Despite this, allocated visitor parking shall be permitted in front and exterior side yards and shall not cover more than 15% of the front or exterior side yard area. Visitor parking shall not exceed 10% of the parking spaces required by provision (2) of this Section. In both cases, no part of any parking area, other than a driveway, shall be located less than 1 m [3.28 ft] from any street line or 2 m [6.56 ft] from a Residential Zone. City of Pembroke Final Zoning By-law January 2020 81 Figure 3-3: Parking Area Prohibitions in the R1, R2, R3, and R4 Zones 12. Parking Space Provided on Other Lots The parking spaces required by this By-law may be located on a lot separate from the lot on which the use for which the parking spaces are required in accordance with the following: a. Where the parking spaces required by this By-law for a non-residential use are provided on a separate lot than the use for which the parking is required, such lot where the parking spaces are provided shall not be located more than 152.4 m [500 ft] from the lot for which the parking spaces are required, and shall be located within the same zone as the said lot for which the parking is required; b. Required parking spaces for residential uses may be located on a separate lot than the residential use so long as: i. Both the residential use and the lot on which the parking spaces are to be provided are in the Central Commercial (C3) Zone; ii. The residential use for which the parking spaces are required has frontage on Pembroke Street West or Pembroke Street East and is located on lands in the Downtown Neighbourhood on Schedule 'B'; and iii. The lot on which the parking spaces are provided is located not more than 152.4 m [500 ft] from the lot for which the parking spaces are required; c. Access between the use for which the parking spaces are required and the lot where the parking spaces are provided shall be provided by means of a public street or public lane, or by means of a walkway or path where the lots abut one another; d. The lot on which the parking spaces are provided for the purposes of provision 12(a) and 12(b) shall be: 82 January 2020 City of Pembroke Final Zoning By-law i. In the same possession, either by deed or renewable long-term lease, as the lot occupied by the use for which the parking is required; or ii. Be subject to an agreement between the owner of the use served by the parking facilities and the owner of the lot on which the parking is provided allocating the number of parking spaces to the use requiring the parking spaces; and e. The minimum number of parking spaces required shall be maintained for the duration of the use served. Public Services Any land may be used and any building or structure may be erected or used for the purpose of a public service by a public authority such as the Corporation of the City of Pembroke or any local Board, Commissions, Committees thereof, any telephone or communications corporation, any natural gas distribution system operated by the Corporation or on its behalf by a company distributing gas to the residents of the Corporation, Authority established by the Government of Ontario, or Canada, including Ontario Hydro, provided that: a. The lot coverage, setback, height and yard requirements prescribed for the zone in which such land, building or structure is located are complied with, except for transmission facilities for gas, telephone, cable and electric power (i.e., poles, towers, lines and similar elements); b. No goods, materials or equipment shall be stored in the open, except as permitted in such zone; and c. Any building or structure erected in a Residential Zone under the authority of this paragraph shall be designed and maintained in general harmony with the residential buildings of the type permitted in the zone; 2. Streets and Installations on Streets Nothing in this By-law shall prevent land to be used as a street or prevent the installation of a water main, sanitary sewer main, storm sewer main, gas main, pipe line or overhead or underground hydro or telephone line; provided that the location of such main or line has been approved by the Corporation; and 3. Notwithstanding the sub-provisions of provision (1) of this Section to the contrary, waste disposal sites shall only be permitted where specifically listed as a permitted use. The provisions of this By-law shall not apply to prevent the erection, alteration or use of any legal sign as defined by any Signs By-law of the Corporation. City of Pembroke Final Zoning By-law January 2020 83 Notwithstanding any provision of this By-law to the contrary, within any area defined as a sight triangle, the following uses shall be prohibited: A building, structure or use which would obstruct the vision of drivers of motor vehicles; 2. A fence or tree, hedge, bush or other vegetation, other than agricultural crops, the top of which exceed 1 m [3.28 ft] in height above the elevation of the centrelines of abutting streets; 3. A parking area; 4. A finished grade which exceeds the elevation of the centrelines of abutting streets by more than 0.5 m [1.65 ft]; 5. For clarification, an agricultural crop, chain link fence or other similar feature that can be seen through is not an obstruction to drivers of motor vehicles; 6. No obstruction to the vision of motor vehicle operators higher than 1 m [3.28 ft] above grade including, but not limited to, buildings, structures, parking spaces, storage, vegetation or planting strips, is permitted on any lot abutting an at-grade intersection of a street and: a. A railway track where automatic signal protection is provided within the triangle formed by connecting to a point 3 m [9.84 ft] from the intersection of the centerline of the street and the centerline of the railway right-of-way (see Figure 3-4); or b. A railway track where automatic signal protection is not provided within the triangle formed by connecting to a point 45 m [147.64 ft] from the intersection of the centerline of the street and the centerline of the railway right-of-way (see Figure 3-4). Figure 3-4: Illustration of Rail Sight Triangles for the application of provisions (6)(a) and (6)(b) 84 January 2020 City of Pembroke Final Zoning By-law Where automobile service stations, gasoline retail facilities and commercial garages are permitted in this By-law, and notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply: The minimum frontage on any street abutting a front lot line shall be 35.97 m [118 ft]. The minimum frontage on any street abutting an exterior side lot line shall be 30.48 m [100 ft]; The minimum distance between any portion of a gasoline pump island and any lot line shall be 4.50 m [14.76 ft]; Where the lot is a corner lot, no portion of any gasoline pump island shall be located closer than 3.05 m [10 ft] to a sight triangle; The width of any entrance or exit driveway or combined entrance or exit driveway measured at the front lot line or exterior side lot line shall not be greater than 9.14 m (30 ft.) and there shall not be more than two (2) driveways per lot; The minimum distance between driveways measured along the street line that is intersected by such driveways shall be 7.62 m [25 ft]; The minimum distance between a driveway and intersection of street lines, measured along the street line that is intersected by such driveway, shall be 9.14 m [30 ft]; The minimum distance between an interior side lot line and any driveway shall be 3.05 m [10 ft]; The interior angle, formed by the street line and the centreline of any driveway, shall not be less than 45 degrees (45º); A buffer strip a minimum of 1 m [3.28 ft] wide shall be provided along any lot line abutting a street, and such buffer strip shall be in accordance with Section 3.15 of this By-law. A lot occupied by an automobile service station, gasoline retail facility or commercial garage may require a buffer strip abutting the rear and/or interior side lot lines in accordance with the Zone in which the lot is located; and The minimum lot area shall be in accordance with the provisions of the underlying Zone. Water Bodies and Watercourses Special Separation Distances No building or structure including any part of a sewage disposal system, shall be located less than 15 m (49.2 ft.) from the high water mark. (amended by By-law 2011-33) Industrial Uses and Sensitive Land Uses a. Class I Industrial Uses (Light Industrial) City of Pembroke Final Zoning By-law January 2020 85 i. The influence area of a Class I Industrial Use shall be 70 m [229.66 ft]; ii. No lands within the influence area of a Class I Industrial Use shall be used for a sensitive land use, and vice versa. The influence area shall be calculated from property line to property line; and iii. Where the influence area is reduced in accordance with the Official Plan of the City of Pembroke, the separation distance between the industrial use and the sensitive land use shall not be reduced to less than 20 m [65.62 ft] and shall be measured from property line to property line; b. Class II Industrial Uses (Medium Industrial) i. The influence area of a Class II Industrial Use shall be 300 m [984.25 ft]; ii. No lands within the influence area of a Class II Industrial Use shall be used for a sensitive land use, and vice versa. The influence area shall be calculated from property line to property line; and iii. Where the influence area is reduced in accordance with the Official Plan of the City of Pembroke, the separation distance between the industrial use and the sensitive land use shall not be reduced to less than 70 m [229.66 ft] and shall be measured from property line to property line; c. Class III Industrial Uses (Heavy Industrial) i. The influence area of a Class III Industrial Use shall be 1,000 m [3,280.84 ft]; ii. No lands within the influence area of a Class III Industrial Use shall be used for a sensitive land use, and vice versa. The influence area shall be calculated from property line to property line; and iii. Where the influence area is reduced in accordance with the Official Plan of the City of Pembroke, the separation distance between the industrial use and the sensitive land use shall not be reduced to less than 300 m [984.25 ft] and shall be measured from property line to property line; and d. Adult Entertainment Parlours i. An adult entertainment parlour shall not be located within 300 m [984.25 ft] of a lot occupied by a residential use, day nursery, place of worship, school, library, community centre, public park, or any lands in a Residential Zone, Institutional (I) Zone or Open Space (OS) Zone; and ii. An adult entertainment parlour shall not be located within 1.5 km [0.93 mi] of a lot occupied by another adult entertainment parlour. 86 January 2020 City of Pembroke Final Zoning By-law Any temporary construction facility such as a shed, scaffold, sales office, temporary habitable accommodation facility such as a recreation vehicle, and equipment incidental to a building on the premises for a maximum period of two (2) years shall be permitted in any Zone except the Flood Plain (FP) and Hazard (H) Zones. Temporary habitable accommodation will only be permitted in the case when an existing dwelling is damaged to the extent that it becomes inhabitable and for the time period while reconstruction of a new dwelling is in progress; The minimum yard setback provisions of the applicable Zone and the parking provisions do not apply to the temporary buildings, structures or equipment stated in provision (1) of this Section; The temporary buildings, structures and equipment stated in provision (1) of this Section may only be located on the lands until such time as work has been completed or abandoned or such buildings, structures or equipment or no longer required, regardless of whether the time period stated in provision (1) of this Section has not expired; In the case of a temporary sales office or temporary habitable accommodation, such building or structure shall not exceed the height limit applicable to the Zone in which they are located; and Other temporary uses may be authorized from time to time by Temporary Use By-laws passed under Section 39 of the Planning Act, as amended. Where a through lot is situated between two (2) lots along the rear yard street line that are not through lots or corner lots, the rear yard setback for the through lot may be reduced to the average actual front yard setback of the two abutting lots. Where at least one (1) of the two (2) lots along the rear yard street line is vacant, the setback used to calculate the average front yard setback shall be based on the front yard setback requirement of the zone in which the vacant lot(s) is located; Where a through lot is situated between two lots along the rear yard street line that are not through lots but at least one (1) is a corner lot, the rear yard setback for the through lot may be reduced to the average actual setback from the street line of the two abutting lots. Where at least one (1) of the two (2) lots along the rear yard street line is vacant, the setback used to calculate the average setback shall be based on the front yard and/or exterior side yard setback requirement of the zone in which the vacant lot(s) is located; and Provisions (1) and (2) of this Section shall not apply to accessory buildings and structures. Residential Zone No person shall in any Residential Zone, use any lot for the parking or storage of any trailer, boat or recreation vehicle; City of Pembroke Final Zoning By-law January 2020 87 2. Exceptions Notwithstanding provision (1) of this Section, the owner or occupant of any lot, building or structure in any Residential Zone may be used for the purpose of parking or storing boats and/or recreation vehicles, with or without trailers, on not more than 10% of the lot area upon such lot subject to the following regulations: a. Where lands are used for an apartment dwelling or a group home, the boat, recreation vehicle and trailer must be located within a building and shall only be permitted in spaces or areas that are in addition to the number of parking spaces required by Section 3.29 hereof; b. Where lands are used for any other purpose: i. The boat, recreation vehicle and trailer must be within a private garage or carport, or located in the rear yard or in the interior side yard between the exterior surfaces of the front and rear walls of the main building or an accessory building or structure, and shall not be closer than 1.2 m [4 ft] to any side lot line; ii. In the case of a lot, the side lot line of which abuts a street or one-foot reserve, any trailer, boat or recreation vehicle parked or stored in the rear yard shall be located no closer than 7.61 m [25 ft] to such side lot line; and iii. In the case of a lot, the rear lot line of which abuts a street or one foot reserve, any trailer, boat or recreation vehicle parked or stored in the rear yard shall be located not less than 7.62 m [25 ft] from such rear lot line; and 3. Fully Enclosed Notwithstanding provisions (2)(b)(ii) and (2)(b)(iii) in this Section to the contrary, where lands are used for purposes other than an apartment dwelling or group home, the limitations imposed therein shall not restrict the number of such boats, trailers or recreation vehicles that are fully enclosed within a garage or dwelling provided the same are owned by the occupant of such lot. No person shall allow a vehicle without current licence plates to be parked outside on a lot except within a automobile sales establishment, automobile rental establishment, recreational vehicle sales and rental establishment and an approved wrecking yard. Every part of any minimum required yard shall be open and unobstructed from the ground to the sky by any structure other than an accessory building or structure permitted elsewhere in this By-law, provided, however, that those structures listed in the table below shall be permitted to project into the minimum required yards indicated for the distances specified. These permitted projections shall not negate the compliance with other provisions for setbacks, sight triangles, or separation distances required by this By-law. 88 January 2020 City of Pembroke Final Zoning By-law FEATURE YARD IN WHICH PROJECTION IS PERMITTED MAXIMUM PROJECTION PERMITTED RESIDENTIAL BUILDINGS OTHER BUILDINGS Bay windows, window awnings Any required yard 1 m [3.28 ft], but no closer than 1.2 m [4 ft] to a lot line No restriction Fire escapes, open stairways, stoop, landing, steps, and ramps Any required yard Wheelchair ramps: no restriction Required interior side yard or rear yard Other features: a) Where located at or below the floor level of the first floor: no restriction, but no closer than 1 m [3.28 ft] to a lot line b) All other cases: 1.5 m [4.92 ft], but no closer than 1 m [3.28 ft] to a lot line Required front yard or exterior side yard Other features: a) Where located at or below the floor level of the first floor: no closer than 0.6 m [1.97 ft] to a lot line; b) All other cases: 1.5 m [4.92 ft], but no closer than 1 m [3.28 ft] to a lot line Eaves, eavestroughs, gutters, chimneys, chimney boxes, fireplace boxes, sills, belt courses, cornices, parapets, pilasters or other ornamental features Any required yard 0.6 m [1.97 ft], but no closer than 0.6 m [1.97 ft] to a lot line 1.2 m [4 ft], but no closer than 0.6 m [1.97 ft] to a lot line Covered or uncovered balcony, porch, deck, platform and verandah, with a maximum of two enclosed sides, excluding those covered by canopies and awnings Any required yard No maximum, but no closer than 1.2 m [4 ft] to a lot line (see Figure 3-5) Signs attached to buildings, light standards, security cameras Any required yard No maximum City of Pembroke Final Zoning By-law January 2020 89 FEATURE YARD IN WHICH PROJECTION IS PERMITTED MAXIMUM PROJECTION PERMITTED RESIDENTIAL BUILDINGS OTHER BUILDINGS Terraces and Patios Any required yard No maximum, but no closer than 0.6 m [1.97 ft] to a lot line, and terrace or patio cannot exceed a height of 0.61 m [2 ft] above finished grade Air conditioner condenser, electric generator, solar panels, heat pump or similar equipment Any required interior side yard or rear yard (not permitted in or front yards or exterior side yards) 1 m [3.28 ft], but no closer than 0.31 m [1 ft] to a lot line a) In a yard abutting a residential use: 1 m [3.28 ft], but no closer to a lot line than 0.31 m [1 ft] b) All other cases: no restriction Figure 3-5: Example of Maximum Yard Encroachments Permitted 90 January 2020 City of Pembroke Final Zoning By-law For the purposes of this By-law all land within the boundaries of the Corporation is hereby divided and established into Zones which are shown on Schedules "A" and "B" of this By-law by the accompanying symbols: Residential Zones R1 Residential Type 1 Zone R2 Residential Type 2 Zone R3 Residential Type 3 Zone R4 Residential Type 4 Zone Commercial Zones C1 Local Commercial Zone C2 Highway Commercial Zone C3 Central Commercial Zone C4 Shopping Centre Zone Institutional Zone I Institutional Zone Industrial Zones M1 General Industrial Zone M2 Economic Enterprise Zone Hazardous Zones FP Flood Plain Zone H Hazard Zone Open Space Zone OS Open Space Zone City of Pembroke Final Zoning By-law January 2020 91 No person shall hereafter use any lands, or erect, alter, enlarge or use any building or structure in the Residential Type 1 (R1) Zone except in accordance with the provisions of this Section and of other relevant Sections of this By-law. - Dwelling, Single Detached - Group Home (See Section 5.3(1)) PROVISION REQUIREMENT a. Minimum Lot Area 464.50 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 1.2 m [4 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 93 m2 [1,000 ft2] j. Maximum Number of Dwelling Units per Lot 1 k. Maximum Building Height 10.67 m [35 ft] Group Homes a. A group home in the Residential Type 1 (R1) Zone shall not accommodate more than six (6) residents; b. A group home in the R1 Zone shall be within a single detached dwelling building type; and c. A group home in the R1 Zone must occupy the whole of the building; and 2. Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. R1-1 (Reserved for Future Use) R1-2 (Reserved for Future Use) 92 January 2020 City of Pembroke Final Zoning By-law R1-3 (Reserved for Future Use) R1-4; 280 Church Street (2002-11) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R1- 4 Zone, municipally known as 280 Church Street and more particularly described as Plan 2, Blk L, Part of Lot 14 may be developed in accordance with the following provisions: a. Permitted Uses: Section 5.1 - "Residential Type 1 - R1" uses; and b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 5.2 of the Comprehensive Zoning By-law with the exception of the following: i. Lot Depth 25.91 m [85.0 ft] ii. Rear Yard Setback 0 m [0.0 ft] iii. Interior Side Yard Setback 0.46 m [1.5 ft] R1-5; 317 Julien Street (2003-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R1- 5 Zone, municipally known as 317 Julien Street and more particularly described as Plan 246, Lots 15, 16 and 17 may be developed in accordance with the following provisions: c. Permitted Uses: "Residential Type 1 - R1" uses shall be in accordance with Section 5.1 of this By-law; and d. Setbacks shall be in accordance with Section 5.2 for a residential use. The setbacks for the lot frontage shall be as follows: i. Lot Frontage 15.09 [49.5 ft] 6. R1-6 (Reserved for Future Use) 7. R1-7-ff; (3 Maple Avenue) (2005-21) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R1- 7-ff Zone, municipally known as 3 Maple Avenue and more particularly described as Plan 10, Block S, Pt Lot 4; Water Lot XIVM shown as Part 1 49R7688; RP49R10456 Part of Parts 9 & 10 in the City of Pembroke may be developed in accordance with the following provisions: a. Setbacks shall be in accordance with Section 5.2 for a single detached dwelling with relief being granted for the following: i. Lot Frontage 10.36 m [34 ft] 8. R1-8-ff-w; (7 Riverside Drive) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R1- 8-ff Zone, municipally known as 7 Riverside Drive and more particularly described as Concession 1, Part Lot 19, Part 1 on 49R-8370 in the City of Pembroke may be developed in accordance with the City of Pembroke Final Zoning By-law January 2020 93 following provisions: a. Setbacks shall be in accordance with Section 5.2 for a single detached dwelling with relief being granted for the following: i. Rear Yard Setback 6.71 m [22 ft] 9. R1-9; 260-284 McKenzie Street (2011-13) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R1-9" Zone, known municipally as 0 McKenzie Street and more particularly described as Lots 19 to 31; Part Lot 32 except Part 10 on 49R-15673, Block 7, Plan 178 City of Pembroke; subject to an easement in favour of Parts 1, 2, 3, 4, 6, 7, 9 and 10 on 49R-15673 over Part 11 on 49R-15673 as in RE4352, may be developed in accordance with the following provisions: a. Permitted Uses: Section 5.1 only b. Setbacks shall be in accordance with Section 5.2 for a single detached dwelling with relief being granted for the following areas: i. Lot Area 3,300 ft2 ii. Lot Frontage 33.0 ft 10. R1-10; 342 Broadview Drive (2011-51) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R1-10" Zone, known municipally as 342 Broadview Drive and more particularly described as Plan 278, Lot 248, may be developed in accordance with the following provisions: a. Permitted Uses: Section 5.1 as well as a day nursery receiving not more than 10 children. b. The definition of a day nursery for this property shall be defined as "an establishment governed by the Day Nurseries Act that receives no more than ten (10) children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twelve (12) hours and the day nursery shall not be operational past 6 pm in the evenings." c. Setbacks shall be in accordance with Section 5.2 for a single detached dwelling with relief being granted for the following areas: i. Rear Yard Depth of Shed 0.6 m [2 ft] ii. Interior Side Yard Width of Shed 0.6 m [2 ft] d. Section 3.29(2) Minimum Parking Requirements for a day nursery at 342 Broadview Drive shall be 3 spaces plus 1 space per 4 children received based on the maximum number of children permitted at one time. Therefore, 6 parking spaces are required and "stack parking" is permitted. Stack parking is allowing vehicles to park one behind the other in the driveway. 11. R1-11 (Reserved for Future Use) 94 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Residential Type 2 (R2) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Dwelling, Converted - Dwelling, Duplex - Dwelling, Semi-detached - Dwelling, Single Detached, in accordance with the provisions of the R1 Zone (Section 5) - Group Home, in accordance with the provisions of the R1 Zone (Section 5) (See Section 6.3(1)) Semi-detached Dwelling (where both dwelling units occupy the same lot) PROVISION REQUIREMENT a. Minimum Lot Area 610 m2 [6,566 ft2] b. Minimum Lot Frontage 20 m [65.6 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 1.2 m [4 ft] g. Minimum Lot Depth 30.5 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 67 m2 [721 ft2] j. Maximum Number of Dwelling Units per Lot 2 k. Maximum Building Height 10.67 m [35 ft] Semi-detached Dwelling (where one dwelling unit occupies a lot) PROVISION REQUIREMENT a. Minimum Lot Area 305 m2 [3,283 ft2] b. Minimum Lot Frontage 10 m [32.81 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 1.2 m [4 ft], or 0 m [0 ft] where attached to another semi-detached dwelling unit g. Minimum Lot Depth 30.5 m [100 ft] h. Minimum Landscaped Open Space 30% City of Pembroke Final Zoning By-law January 2020 95 PROVISION REQUIREMENT i. Minimum Dwelling Unit Area 67 m2 [721 ft2] j. Maximum Number of Dwelling Units per Lot 1 k. Maximum Building Height 10.67 m [35 ft] Duplex Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 464.50 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 1.2 m [4 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 67 m2 [721 ft2] j. Maximum Number of Dwelling Units per Lot 2 k. Maximum Building Height 10.67 m [35 ft] Converted Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 464.50 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 1.2 m [4 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 50 m2 [538.2 ft2] j. Maximum Number of Dwelling Units per Lot 2 k. Maximum Building Height 10.67 m [35 ft] Group Homes a. A group home in the Residential Type 2 (R2) Zone shall not accommodate more than six (6) residents; and 96 January 2020 City of Pembroke Final Zoning By-law b. A group home in the R2 Zone must occupy the whole of the building. 2. Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. R2-1; 358 Pembroke Street East (90-40) Notwithstanding any provisions of this By-law to the contrary; the property which is located in the R2-1 Zone, known municipally as 358 Pembroke Street East and more particularly described as Lot 90, Part Lot 105, Registered Plan 18, may be developed in accordance with the following provisions: a. An accessory office space located on the second floor. It is an accessory use to the professional office located in the first floor area of the building; and b. No access point shall be permitted from Pembroke Street East. 2. R2-2; 152 Reta Crescent (93-09) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-2 Zone, known municipally as 152 Reta Crescent, more particularly described as Part of Lot 33, Concession 2, being Part 2 on Reference Plan 49R-4851, may be developed in accordance with the following provisions: a. Minimum Front Yard Setback 4.57 m [15.0 ft] b. Minimum Rear Yard Setback 1.5 m [5.0 ft] 3. R2-3; Lots 151 to 155 and Part of Lots 103 and 104 of Plan 185 (94-01) Notwithstanding any provisions of this By-law to the contrary, the property which is situated in the R2-3 Zone, municipally located on the east side of Steel Street and the north side of Mary Street and more particularly described as Lots 151 to 155 and Part of Lots 103 and 104, Plan 185, may be developed in accordance with the following provisions: a. Permitted provisions for a semi-detached dwelling shall be as follows: i. Minimum Lot Area for south part of Lot 155 and north part of Lot 151 shall be 305.9 m2 [3,289.2 ft2]; ii. Minimum Lot Area for north part of Lot 155 and south part of Lot 151 shall be 254.3 m2 [2,734.4 ft2]; iii. Minimum Lot Area for Lots 152 to 154 shall be 280.1 m2 [3,011.8 ft2]; iv. Minimum Lot Area for western part of Part Lots 103 and 104 shall be 210.1 m2 [2,259.1 ft2]; City of Pembroke Final Zoning By-law January 2020 97 v. Minimum Lot Frontage for south part of Lot 155 and north part of Lot 151 shall be 10.98 m [360 ft]; vi. Minimum Lot Frontage for western part of Part of Lots 103 and 104 shall be 6.1 m [20 ft]; vii. Minimum Rear Yard Setback and Interior Side Yard Setback for eastern part of Part of Lots 103 and 104 shall be 3.55 m [11.6 ft]; and b. A 1.52 m [5 ft] wide concrete sidewalk will be required to bound Lots 151 to 155 and Part of Lots 103 and 104. Therefore, a sidewalk will be required along the north side of Stuart Street, the east side of Steel Street and the south side of Mary Street. Sidewalk to be constructed prior to occupancy of any of the units or in conjunction with the Committee of Adjustment's decision, whichever is most applicable. 4. R2-4; 282-284 Renfrew Street (94-11) Notwithstanding any provisions of this By-law to the contrary, the property which is municipally known as 282-284 Renfrew Street and more particularly described as Lot 9, Block M, Plan 17, may be developed in accordance with the following provisions: a. The building shall contain a maximum of four units; and b. The permitted front yard setback shall be 0.20 m [0.64 ft] and the permitted interior side yard setback shall be 0.74 m [2.42 ft]. 5. R2-5; 621-623 Pembroke Street West (94-21) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-5 Zone, known municipally as 621-623 Pembroke Street West and more particularly described as Part Lot 48, Part of Block C, Plans 144 and 9, may be developed in accordance with the following provisions: a. Permitted uses shall include a single-detached dwelling, a semi-detached dwelling, a duplex dwelling, a converted dwelling not containing more than two dwelling units or a building not containing more than three dwelling units; b. A buffer shall be erected to create a visual barrier between the parking area and adjacent residences; c. There shall be only one access for the property. Present front yard shall be seeded and landscaped; and d. Parking area shall not be located in the front yard. 6. R2-6; 249 Victoria Street (96-36) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-6 Zone, known municipally as 249 Victoria Street and more particularly described as Part Lot 35, Concession 2, Plan 101, Moffat Homestead, may be developed in accordance with the following provisions: 98 January 2020 City of Pembroke Final Zoning By-law a. Permitted uses: a single-detached dwelling, a semi-detached dwelling, a duplex dwelling or a converted dwelling not containing more than two dwelling units and a communication business located in the basement not exceeding a floor area of 56.11 m2 [604 ft2]; b. Permitted setbacks shall be as follows: i. Minimum Lot Frontage 4.87 m [16 ft] (fronting right-of- way located at southern end of property) ii. Minimum Western Interior Side Yard Setback 0.55 m [1.80 ft] iii. Minimum Eastern Interior Side Yard Setback 0 m [0 ft] iv. Minimum Rear Yard Setback 5.6 m [18.38 ft] v. Interior Side Yard Setback for Brick & Frame Garage 0.88 m [2.88 ft] and 0 m [0 ft] 7. R2-7; 262 Metcalfe Street (97-18) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-7 Zone, known municipally as 262 Metcalfe Street and more particularly described as Part of Lot 201, Plan 72, may be developed in accordance with the following provisions: a. Permitted uses: a single-detached dwelling, and a converted dwelling containing not more than three dwelling units; b. Permitted setbacks shall be as follows: i. Minimum Front Yard Setback 1.34 m [4.40 ft] ii. Minimum Eastern Interior Side Yard Setback 0.79 m [2.58 ft] iii. Minimum Western Interior Side Yard Setback 0.503 m [1.65 ft] iv. Minimum Front Yard Setback of Covered Step 0.274 m [0.90 ft] v. Minimum Landscaped Open Space 22% c. Internal access to the rear yard and the front yard, which may in the form of a corridor, shall be provided for all three dwelling units; and d. Three parking spaces shall be required and shall be permitted in the required front yard. 8. R2-8; 637 Perth Street (99-54 and 2000-22) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-8 Zone, municipally located along Perth Street and more particularly described as Plan 185, Pt. Lots 7 and 8, Plan 27, Block R, Pt. Lot 9 may be developed in accordance with the following provisions: a. Permitted Uses: A single detached dwelling; and b. The following zone provisions shall apply in the R2-8 Zone: i. Lot Area 386.48 m [4,160 sq. ft] ii. Lot Frontage 14.71 m [48.25 ft] City of Pembroke Final Zoning By-law January 2020 99 9. R2-9; 567 Isabella Street (2000-39) Notwithstanding any provisions of this By-law to the contrary, the property which is municipally known as 567 Isabella Street and more particularly described as Plan 9, Part of Lot 91, may be developed in accordance with the following provisions: a. Permitted Uses: A single detached dwelling; b. Lot area, frontage and setbacks shall be in accordance with Section 5.2 Zone Provisions for a single detached dwelling with relief being granted for the following: i. Front Yard Setback 1.95 m [6.42 ft] ii. Interior Side Yard Setback 0 m [0.00 ft] iii. Concrete Step May be set back 0.46 m [1.5 ft] from the front lot line and shall not exceed a maximum width of 3.05 m [10 ft] provided step is not more than 1.22 m [4 ft] above grade. c. Access to parking areas for commercial uses shall not pass through this property. 10. R2-10; 498-500 Mary Street (2000-55) Notwithstanding any provisions of this By-law to the contrary, the property which is municipally known as 498 - 500 Mary Street and more particularly described as Plan 27, Block F, Lot 6, may be developed in accordance with the following provisions: a. Permitted Uses: Two (2) single detached dwellings; b. Lot area, frontage and setbacks shall be in accordance with Section 5.2 Zone Provisions for a single-detached dwelling with relief being granted for the following: 498 Mary Street i. Front Yard Setback 2.18 m [7.15 ft] 500 Mary Street i. Front Yard Setback 6.03 m [19.77 ft] ii. Exterior Side Yard Setback 0.43 m [1.4 ft] 11. R2-11; 363 Miller Street (2008-37) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-11 Zone, municipally known as 363 Miller Street and more particularly described as Plan 30, Block 10 Lot 10 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2" i. R1 uses in accordance with the provisions of Section 5.1; and ii. R2 uses in accordance with the provisions in Section 6.1; 100 January 2020 City of Pembroke Final Zoning By-law b. Lot Area, lot frontage and setbacks shall be in accordance with Section 5.2, with relief being granted for the following areas: i. Front Yard Setback 3.08 m [10.1 ft] ii. Interior Side Yard Setback 0.61 m [2.00 ft] (west side) iii. Front Yard Setback of Porch 2.16 [7.1 ft] iv. Existing Steps 0 m [0.0 ft] from front lot line v. Interior Side Yard Setback of Garage 1.14 m [3.75 ft] 12. R2-12; 483 Maple Avenue (2004-17) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-12 Zone, municipally known as 483 Maple Avenue and more particularly described as Plan 72 Part Lot 220 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2" uses; b. Lot Area, lot frontage and setbacks shall be in accordance with Section 6.2 or 5.2, depending on the use, with relief being granted for the following areas: i. Lot Area approx. 453.37 m2 [4,880.00 ft2] ii. Lot Frontage 11.84 m [38.85 ft] iii. Exterior Side Yard Setback 0.87 m [2.85 ft] iv. Front Yard Setback 2.66 m [8.71 ft] v. Interior Side Yard Setback 0.61 m [2.0 ft] vi. Parking shall be in accordance with Section 3.29 of this By-law; a second driveway may need to be constructed off of Irving Street to meet the parking requirements of this By-law. 13. R2-13; 112 Hunter Street (2005-60) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-13 Zone, municipally known as 112 Hunter Street and more particularly described as Plan 91, Lot 399 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - A relief centre along with all other permitted "R2" uses; and b. A 7.77 m [25.5 ft] wide driveway shall be permitted in the R2-13 Zone. 14. R2-14 (Reserved for Future Use) 15. R2-15; 377 Isabella Street (2006-06) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-15 Zone, municipally known as 377 Isabella Street and more particularly described as Plan 9, Lot 67, Lot 2A, Pt. may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2" uses. b. Lot Area, lot frontage and setbacks shall be in accordance with Section 6.2 or 5.2, depending on the use, with relief being granted for the following areas: City of Pembroke Final Zoning By-law January 2020 101 i. Lot Area approx. 278.31 m2 [2,995.75 ft2] ii. Lot Frontage 7.62 m [25 ft] iii. Interior Side Yard Setback 0.50 m [1.65 ft] (west side) iv. Front Yard Setback 2.45 m [8.03 ft] v. Interior Side Yard Setback 0.14 m [0.47 ft] (east side) vi. Open Verandah approx. 2.44 m [8 ft] in width by 6.71 m [22 ft] in length 16. R2-16-s; 402 Doran Street (2007-67) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-16-s Zone, municipally known as 402 Doran Street and more particularly described as Plan 30, Block 16 Part Lot 1 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - "Residential Type 2 - R2" shall be limited to a single detached dwelling; b. Lot Area, lot frontage and setbacks shall be in accordance with Section 5.2, with relief being granted for the following: i. Lot Area approximately 364.95 m2 [3,928.32 ft2] ii. Lot Depth 19.31 m [63.36 ft] iii. Front Yard Setback 0.67 m [2.19 ft] iv. Interior Side Yard Setback 0.14 m [0.47 ft] (east side) c. Any additions to the building shall be flood-proofed to a minimum design elevation of 114.2 m [374.7 ft]. No lower level openings are permitted below 114.2 m [374.7 ft]. Elevation survey will be required prior to issuance of a building permit; 17. R2-17-s; 404 Doran Street (2008-28) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-17-s Zone, municipally known as 404 Doran Street and more particularly described as Plan 30, Block 16 Part Lot 1 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2" - shall be limited to a single detached dwelling; b. Lot Area, lot frontage and setbacks shall be in accordance with Section 5.2, with relief being granted for the following: i. Lot Area approx. 407.51 m2 [4,386.4 ft2] ii. Lot Depth 19.31 m [63.36 ft] iii. Front Yard Setback 1.08 m [3.55 ft] iv. Interior Side Yard Setback 0.83 m [2.71 ft] (north side) v. Rear Yard Setback 4.57 m [15 ft] vi. Front Yard Setback of Accessory Building 4.27 m [14 ft] vii. Lot Coverage of Accessory Building 11% viii. Existing Steps 0 m [0.0 ft] from front lot line c. Any additions to the building shall be flood-proofed to a minimum design elevation of 114.2 m 102 January 2020 City of Pembroke Final Zoning By-law [374.7 ft]. No lower level openings are permitted below 114.2 m [374.7 ft]. Elevation survey will be required prior to issuance of a building permit. 18. R2-18; North of D'Youville Drive (90-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-18 Zone, described as Part of Lots 26, 27 and 28, Concession II, F.A.L. in the City of Pembroke, may be developed in accordance with the following provisions: a. Permitted Uses shall be limited to the following: i. Dwelling, Single Detached ii. Dwelling, Semi-detached iii. Public Park iv. Public Use b. No person shall use any lot or erect, alter or use any building or structure in the R2-18 Zone except in accordance with the following provisions: i. Semi-detached Dwelling (where one dwelling unit occupies a lot) - Minimum Lot Area 300 m2 [3,229.3 ft2] - Minimum Lot Frontage 10 m [32.81 ft] - Minimum Yard Setbacks - Front Yard 6.1 m [20 ft] - Rear Yard 7.62 m [25 ft] - Exterior Side Yard 3.05 m [10 ft] - Interior Side Yard 1.22 m [4 ft], or 0 m [0 ft] where attached to another semi-detached dwelling unit - Minimum Lot Depth 27.5 m [90.22 ft] - Minimum Landscaped Open Space 30% - Maximum Building Height 10.5 m [34.45 ft] - Minimum Dwelling Unit Area 80 m2 [861.1 ft2] - Maximum Number of Dwelling Units per Lot 2 - Minimum Parking Requirements One (1) space per dwelling unit ii. Semi-detached Dwelling (where two dwelling units occupy a lot) - Minimum Lot Area 600 m2 [6,458.56 ft2] - Minimum Lot Frontage 20 m [65.62 ft] - Minimum Yard Setbacks - Front Yard 6.1 m [20 ft] - Rear Yard 7.62 m [25 ft] - Exterior Side Yard 3.05 m [10 ft] - Interior Side Yard 1.22 m [4 ft] - Minimum Lot Depth 27.5 m [90.22 ft] - Minimum Landscaped Open Space 30% - Maximum Building Height 10.5 m [34.45 ft] - Minimum Dwelling Unit Area 80 m2 [861.1 ft2] City of Pembroke Final Zoning By-law January 2020 103 - Maximum Number of Dwelling Units per Lot 2 - Minimum Parking Requirements One (1) space per dwelling unit iii. Single Detached Dwelling - Minimum Lot Area 400 m2 [4,305.7 ft2] - Minimum Lot Frontage 12 m [39.37 ft] - Minimum Yard Setbacks - Front Yard 6.1 m [20 ft] - Rear Yard 7.62 m [25 ft] - Exterior Side Yard 3.05 m [10 ft] - Interior Side Yard 1.22 m [4 ft] - Minimum Lot Depth 27.5 m [90.22 ft] - Minimum Landscaped Open Space 30% - Maximum Building Height 10.5 m [34.45 ft] - Minimum Dwelling Unit Area 80 m2 [861.1 ft2] - Maximum Number of Dwelling Units per Lot 1 - Minimum Parking Requirements One (1) space per dwelling unit 19. R2-19; 314 Fraser Street (2009-60) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-19 zone, municipally known as 314 Fraser Street and more particularly described as Concession 2, Part Lot 29, Part 2 on 49R-15331 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2". i. R1 uses in accordance with the provisions of Section 5.1. ii. R2 uses in accordance with the provisions in Section 6.1. b. Lot area, lot frontage and setbacks shall be in accordance with Section 6.2, with relief being granted for the following area for a semi-detached dwelling. i. Lot Frontage 19.43 m [63.75 ft] instead of required 19.99 m [65.6 ft]. 20. R2-20; 438 Craig Street (2010-77) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-20 Zone, municipally known as 438 Craig Street and more particularly described as Concession 1, Part Lot 15, may be developed in accordance with the following provisions: a. Setbacks shall be in accordance with Section 6.2 for uses permitted in a "Residential Type 2 - R2" Zone with relief being granted for the following area: i. Exterior Side Yard Width 3.05 m [10.0 ft] 21. R2-21; 667 Front Street (2010-17) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-21 Zone, municipally known as 667 Front Street and more particularly described as Plan 185, Lot 104 January 2020 City of Pembroke Final Zoning By-law 121 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - Residential Type 2 - R2". i. a converted dwelling containing not more than two dwelling units. b. Yard, Setback and Height Encroachments Permitted: Section 3.39 Unenclosed porches, decks, balconies & steps i. Relief is granted to allow porch to encroach into required front yard a maximum distance of 2.44 m [8 ft] and a maximum width of 4.57 m [15 ft]. 22. R2-22; 0 Boundary Road (2011-52) Notwithstanding any provisions of this By-law to the contrary, the property which is located south of Boundary Road, east of Elgin Street, west of International Drive and north of Highway 17 and more particularly described as Concession 1, Part of Lots 29 and 30 (Lots 26-334, 346-421, 474-484 and 486-522) may be developed in accordance with the following provisions: a. Section 6.2 Semi-detached dwelling minimum lot frontage shall be 18 m [59 ft]. 23. R2-23; 224 Moffat Street (2012-09) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-23 Zone, municipally known as 224 Moffat Street and more particularly described as Plan 17, Block M Part of Lots 18 and 19 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 shall be limited to the permitted uses in a "R2" Zone. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Front Yard Depth 1.22 m [4.0 ft] ii. Interior Side Yard Width 0.48 m [1.58 ft] c. Yard Encroachments Permitted: Section 3.39 of this By-law shall grant relief to allow a verandah to encroach into required front yard up to front property line. 24. R2-24; 337 Murray Street (2012-15) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-24 Zone, municipally known as 337 Murray Street and more particularly described as Plan 30, Block 10, Part of Lot 5 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 of this By-law shall be limited to a single detached dwelling, a converted dwelling containing two dwelling units or a charitable office with an apartment dwelling unit. Definitions: Section 2 shall be amended by the adding thereto the following definition: "Charitable Office" shall mean an office for a non-profit organization. This organization shall City of Pembroke Final Zoning By-law January 2020 105 center on philanthropic goals such as charitable, educational, religious or other activities serving the public interest or common good. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Lot Area 282.54 m2 [3,041.28 ft2] ii. Lot Depth 19.3 m [63.36 ft] iii. Lot Frontage 14.6 m [48 ft] iv. Front Yard Depth 0.3 m [1.0 ft] v. Rear Yard Depth 7.2 m [23.61 ft] vi. Interior Side Yard Width of Garage 0.86 m [2.83 ft] vii. Rear Yard Depth of Garage 0.51 m [1.67 ft] 25. R2-25; 1036 Pembroke Street East (2012-02) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-25 Zone, municipally known as 1036 Pembroke Street East and more particularly described as Concession 2, Part of Lot 24 may be developed in accordance with the following provisions: a. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Front Yard Depth 5.15 m [16.9 ft] 26. R2-26; 277 Cecelia Street (2013-10) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-25 Zone, municipally known as 277 Cecelia Street and more particularly described as Plan 9, Lot 256 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 of this By-law shall be limited to a single detached dwelling or a converted dwelling containing two dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Front Yard Depth 5.72 m [18.76 ft] ii. Interior Side Yard Width of Garage 0.91 m [3.0 ft] c. Yard Encroachments Permitted: Section 3.39 of this By-lawshall grant relief to allow a porch to have a maximum width of 9.14 m [30 ft] and a distance of 2.44 m [8 ft] which is permitted to encroach into required front yard. i. Front Yard Depth 5.72 m [18.76 ft.] ii. Porch Porch wider than 3.05 m [10 ft] iii. Interior Side Yard Width of Frame Garage 0.91 m [3.0 ft] 106 January 2020 City of Pembroke Final Zoning By-law 27. R2-27; 929, 931 and 933 Mackay Street and 164, 166, 168 and 170 D'Youville Drive (2013-34) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-27 Zone, municipally known as 929, 931 and 933 Mackay Street and 164, 166, 168 and 170 D'Youville Drive and more particularly described as Concession 1, Part of Gore Lot A may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - "Residential Type 2 - R2" uses shall be permitted. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Lot Area for 931 and 933 Mackay Street 276.61 m2 [2,977.4 ft2] ii. Lot Frontage for 931 and 933 Mackay Street 7.38 m [24.2 ft] iii. Lot Depth for 164 and 166 D'Youville Drive 30.3 m [99.3 ft] iv. Lot Area for 166 D'Youville Drive 253.04 m2 [2,723.7 ft2] v. Lot Frontage for 166 D'Youville Drive 8.35 m [27.4 ft] vi. Lot Depth for 168 and 170 D'Youville Drive 30.3 m [99.3 ft] vii. Lot Area for 168 D'Youville Drive 253.04 m2 [2,723.7 ft2] viii. Lot Frontage for 168 D'Youville Drive 8.35 m [27.4 ft] ix. Lot Area for 170 D'Youville Drive 298.89 m2 [3,217.2 ft2] x. Lot Frontage for 170 D'Youville Drive 7.38 m [24.2 ft] xi. Driveway Widths of 164, 166, 168 and 170 D'Youville Drive 5.49 m [18 ft] driveways will be permitted at each 164, 166, 168 and 170 D'Youville Drive. Further, the driveways of each semi-detached dwelling unit will be combined. c. Parking Provisions: Two (2) parking spaces shall be required for each property municipally known as 929, 931, 933 Mackay Street and 164, 166, 168 and 170 D'Youville Drive. 28. R2-28; 145 William Street (2013-39) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-28 Zone, municipally known as 145 William Street and more particularly described as Plan 10, Block J, Part of Lots 1 and 2, Lot 6 and Part of Lot 7 may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 of this By-law shall be limited to a single detached dwelling or a converted dwelling containing two dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2, with relief being granted for the following areas: i. Front Yard Depth 2.84 m [9.33 ft] City of Pembroke Final Zoning By-law January 2020 107 29. R2-29; 346 Julien Street (2014-07) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-29 zone, municipally known as 346 Julien Street and more particularly described as Concession 1, Part of Lot 14, and Part 1 on 49R-15547, may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 of this By-law shall be limited to a converted dwelling containing a maximum of two dwelling units within one half of a semi-detached dwelling. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: i. Lot Frontage 10.06 m [33 ft] ii. Lot Area 404.01 m2 [4,348.74 ft2] iii. Driveway Widths 7.01 m [23 ft] 30. R2-30; 288, 292, 296, 300 and 304 McKenzie Street and 473, 475, 477 and 479 Almira Street (2014- 27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-30 Zone, municipally known as 288, 292, 296, 300 and 304 McKenzie Street and 473, 475, 477 and 479 Almira Street and more particularly described as Lots 33- 36, Block 7, Plan 178, Part 9 on 49R-15673; Lots 1 to 4, Block 7, Plan 178, Part 3 on 49R-15673; Part of Lane within Block 7, Plan 178, Part 6 on 49R-15673; Part of Lots 5 and 32, Block 7, Plan 178, Part of Lane within Block 7, Plan 178, Part 9 on 49R-17838; Part Lot 5, Block 7, Plan 178, Part of Mann Street, Part 10 on 49R- 17838; and Part Mann Street, Plan 178, Part 1 on 49R-17783; City of Pembroke from a "Residential Type 2- R2" zone to a "Residential Type 2-30-R2-30" zone may be developed in accordance with the following provisions: a. Zone Provisions: Setbacks shall be in accordance with Section 6.2 of this By-law, with relief being granted for the following areas: 288, 292, 296 and 300 McKenzie Street (semi-detached) i. Lot Area 531.412 [5,720 ft2] ii. Lot Frontage 16.8 m [55 ft] 304 McKenzie Street (single detached) i. Lot Area 434.79 m2 [4,680 ft2] iii. Lot Frontage 13.7 m [45 ft] 473, 475, 477 and 479 Almira Street (semi-detached) i. Lot Frontage 17.7 m [58 ft] 31. R2-31; 225 Victoria Street (2017-27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the 108 January 2020 City of Pembroke Final Zoning By-law R2-31 Zone, municipally known as 225 Victoria Street and more particularly described as as Lot 5, Plan 2; a strip in ground in rear of Lot 5, Block 7, Plan 2; Part Lot 35, Concession 2, Pembroke, Part 1 49R-8798; T/W R313251; City of Pembroke and being part of PIN #57162-0059 (LT); City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - "Residential Type 2 - R2" uses shall be limited to a maximum of two dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 for a converted building containing two residential dwelling units. The setbacks for the property shall be as follows: ii. Lot Area 169.08 m2 [1,820 ft2] iii. Front Yard Depth 0.23 m [0.75 ft] iv. Interior Side Yard (North) 0.6 m [2 ft] v. Rear Yard 2.44 m [8 ft] vi. Lot Depth 10.67 m [35 ft] vii. Landscaped Open Space 0% 32. R2-32; 381 Willard Street (2020-05) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-32 Zone, municipally known as 381 Willard Street and more particularly described as Plan 103, Part Lots 71 and 72, Part 1 on 49R-11706 may be developed in accordance with the following provisions: a. Setbacks shall be in accordance with Section 6.2 for uses permitted in a "Residential Type 2 - R2" Zone, with relief being granted for a reduced exterior side yard width of 2.74 m [9 ft] and reduced front yard depth of 5.18 m [17 ft]. b. Yard Encroachments Permitted: Section 3.39 of this By-law shall grant relief to allow a deck to have a maximum width of 5.33 m [17.5 ft] and a maximum distance of 1.83 m [6 ft] which is permitted to encroach in to the required front and exterior side yards. 33. R2-33; 467 Pembroke Street West (2018-59) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-33 Zone, municipally known as 467 Pembroke Street West and more particularly described as Plan 9, Part Lot 39; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 6.1 - "Residential Type 2 - R2" uses shall be limited to a maximum of two (2) dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2 for a converted building containing two residential dwelling units. The setbacks for the property shall be as follows: i. Front Yard Depth 3.56 m [11.67 ft] ii. Interior Side Yard (North) 0.81 m [2.67 ft] City of Pembroke Final Zoning By-law January 2020 109 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Residential Type 3 (R3) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Dwelling, Duplex (See Section 6.2(3)) (2011-33) - Dwelling, Converted - Dwelling, Quadruplex - Dwelling, Retirement Home - Dwelling, Row - Dwelling, Semi-detached (See Section 6.2(1) and (2)) (2011-33) - Dwelling, Single Detached (See Section 5.2) (2011-33) - Dwelling, Triplex - Group Home (See Section 7.3(1)) Triplex Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 604 m2 [6,501.4 ft2] b. Minimum Lot Frontage 19.8 m [65 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 3.05 m [10 ft] g. Minimum Lot Depth 30.5 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 65 m2 [700 ft2] j. Maximum Number of Dwelling Units per Lot 3 k. Maximum Building Height 10.67 m [35 ft] Quadruplex Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 743 m2 [7,997.6 ft2] b. Minimum Lot Frontage 24.38 m [80 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] 110 January 2020 City of Pembroke Final Zoning By-law PROVISION REQUIREMENT f. Minimum Interior Side Yard Setback 3.05 m [10 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 65 m2 [700 ft2] j. Maximum Number of Dwelling Units per Lot 4 k. Maximum Building Height 10.67 m [35 ft] Row Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 167 m2 [1,798 ft2] per dwelling unit b. Minimum Lot Frontage 5.48 m [18 ft] per dwelling unit c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 1.83 m [6 ft], or 0 m [0 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Minimum Dwelling Unit Area 65 m2 [700 ft2] j. Maximum Building Height 10.67 m [35 ft] k. Group Setback Notwithstanding any other provisions of this By- law, not more than three (3) consecutive row dwelling units shall be constructed with their front and rear yard-facing exterior outside walls in a straight continuous line. Additional permitted dwellings in a row shall be set back or forward a distance of not less than 1.2 m [4 ft] from the alignment of the others in the row. This shall not negate compliance with the front yard setback required in this Zone. Converted Dwelling PROVISION REQUIREMENT a. Minimum Lot Area 613 m2 [6,598.3 ft2] b. Minimum Lot Frontage 20.11 m [66 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 3.05 m [10 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% City of Pembroke Final Zoning By-law January 2020 111 PROVISION REQUIREMENT i. Minimum Dwelling Unit Area 50 m2 [538.2 ft2] j. Maximum Number of Dwellings Units per Lot 4 k. Maximum Building Height 10.67 m [35 ft] Group Home PROVISION REQUIREMENT a. Minimum Lot Area 464.50 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 2 m [6.56 ft] g. Minimum Lot Depth 30.48 m [100 ft] h. Minimum Landscaped Open Space 30% i. Maximum Building Height 10.67 m [35 ft] Group Homes a. A group home in the Residential Type 3 (R3) Zone shall not accommodate more than six (6) residents; and b. A group home in the R3 Zone must occupy the whole of the building. 2. Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. R3-1; 231 Mackay Street (2008-36) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-26 Zone, municipally known as 231 Mackay Street and more particularly described as Plan 119, Lot 626 and Part of Lot 625 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 i. R1 uses in accordance with the provisions in Section 5.1 ii. R2 uses in accordance with the provisions in Section 6.1 iii. Converted dwelling containing up to four (4) dwelling units iv. Personal services establishment not exceeding 55.74 m2 [600 ft2] 112 January 2020 City of Pembroke Final Zoning By-law b. Lot area, frontage and setbacks shall be in accordance with Section 7.2 for a residential use with the exception of the following: i. Rear Yard Setback 3 cm [0.11 ft] ii. Exterior Side Yard Setback 19 cm [0.62 ft] 2. R3-2; 302-304 Murray Street (79-40) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-2 Zone, known municipally as 302-304 Murray Street and more particularly described as Part of Lots 6, 7, and 8, Block VII, Registered Plan 30, may be developed in accordance with the following provisions: a. A converted dwelling containing not more than six (6) dwelling units. 3. R3-3; 693 Front Street (81-14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3- 3 Zone, known municipally as 693 Front Street and more particularly described as Lot 118, Registered Plan 185, may be developed in accordance with the following provisions: a. A converted dwelling, containing not more than five (5) dwelling units. 4. R3-4-s; 475 Dominion Street (84-66) Notwithstanding the provisions of this By-law to the contrary, the property which is located in the R3-4-s Zone, known municipally as 475 Dominion Street and more particularly described as Part Lot 159, Registered Plan 163, may be developed in accordance with the following provisions: a. Minimum Rear Yard Setback 7.01 m [23 ft] b. Not more than four (4) dwelling units shall be permitted in the R3-4-s Zone. 5. R3-5; 438 and 440 Pembroke Street West (86-41) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-5 Zone, known municipally as 438 and 440 Pembroke Street West, and more particularly described as Part of Lot 9 and the east half of Lot 10, Registered Plan 9, Miller Section, may be developed in accordance with the following provisions: a. A converted dwelling containing four (4) dwelling units, with the minimum dwelling size of two (2) of the units being 36.60 m2 [394 ft2] and the other two (2) units being a minimum of 46.36 m2 [499 ft2]. 6. R3-6; 246 Wilson Place (90-10) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-6 Zone, known municipally as 246 Wilson Place and more particularly described as Part Lot 29, Concession 2, may be developed in accordance with the following provisions: City of Pembroke Final Zoning By-law January 2020 113 a. A converted dwelling fronting on a right-of-way, containing no more than three (3) units with a minimum front yard setback of 4.60 m [15.09 ft] and one interior side yard setback of 2.77 m [9.09 ft]. 7. R3-7; Southeast Corner of Alfred Street and Willoughby Crescent (93-60) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-7 Zone, municipally located at the southeast corner of Alfred Street and Willoughby Crescent and more particularly described as Lots 3 and 4. Plan 513, may be developed in accordance with the following provisions: a. Number of units shall be nineteen (19) row dwelling units; b. Unit 8 shall have a minimum lot area of 174.56 m2 [1,879 ft2]; and c. Unit 9 shall have a minimum lot area of 172.14 m2 [1,853 ft2]. 8. R3-8; 422 Pembroke Street West (94-30) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-8 Zone, known municipally as 422 Pembroke Street West and more particularly described as Part of Lots 7 and 8, Plan 9, may be developed in accordance with the following provisions: a. The building shall contain a maximum of four (4) dwelling units; and b. The minimum exterior side yard setback shall be 4.27 m [14 ft]. 9. R3-9-s; 434 Moffat Street (94-49) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-9-s Zone, known municipally as 434 Moffat Street and more particularly described as Part of Lots 168, 169 & 170, Plan 52, may be developed in accordance with the following provisions: a. Number of permitted dwelling units shall be four (4); and b. Minimum front yard setback shall be permitted at 3.26 m [10.7 ft]. Covered steps and covered concrete porch shall be permitted to encroach into required front yard by 5.33 m [17.5 ft]. 10. R3-10; Block G of Registered Plan 185 (95-05) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-10 Zone, municipally located between Forced Road, Stuart Street and Steel Street and more particularly described as Block G, Registered Plan 185, may be developed in accordance with the following provisions: a. For the middle row dwelling unit: i. Minimum Lot Area 133.78 m2 [1,440 ft2] ii. Minimum Lot Frontage 4.88 m [16 ft] 114 January 2020 City of Pembroke Final Zoning By-law b. Notwithstanding the provisions of Section 3.29 hereof to the contrary, one (1) parking space per dwelling unit is required. 11. R3-11; 123 Catherine Street (2020-05) (A-7/2015, A-7/2019 and A-13/2019) Notwithstanding any provisions of this By-law to the contrary, the property which is situated in the R3-11 Zone, municipally known as 123 Catherine Street and more particularly described as Plan 18, North Part of Lot 65 and North Part of Lot 66, may be developed in accordance with the following provisions: a. Four (4) row dwelling units plus two (2) secondary dwelling units in each of the end units; b. A lot depth of 20.12 m [66 ft] shall be permitted; c. A reduced eastern interior side yard of 1.22 m [4 ft] shall be permitted; d. A reduced rear yard of 4.88 m [16 ft] shall be permitted; e. Lot area for the two (2) interior units shall be 165.55 m2 [1,782 ft2] shall be permitted; f. The group setback for the fourth unit is not required; g. Driveway width for the last dwelling unit located at the corner of Catherine Street and Nelson Street shall be no greater than 8.23 m [27 ft] and shall be located off of Catherine Street. All other driveways for the remaining three (3) dwelling units may be located off of Nelson Street and be no greater than 6.1 m [20 ft]; h. A total of nine (9) parking spaces shall be provided for the four (4) row dwelling units plus the two (2) secondary dwelling units; i. Eave projection for the front and rear of the building shall be permitted at 1.22 m [4 ft]. Eave projection for the sides of the building shall be permitted at 0.6 m [1.97 ft]. 12. R3-12; 672 and 680 Mackay Street (95-41) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-12 Zone, known municipally as 672 & 680 Mackay Street and more particularly described as Part Lot 353, Plan 91, may be developed in accordance with the following provisions: a. Two (2) dwelling units shall be permitted at 672 Mackay Street and four (4) dwelling units shall be permitted at 680 Mackay Street; b. A minimum rear yard setback of 7.47 m [24.5 ft] and a minimum exterior side yard (width) of 0.46 m [1.5 ft] shall be permitted at 680 Mackay Street; and c. Notwithstanding the provisions of Section 3.29, six (6) parking spaces shall be provided. 13. R3-13; 659 Mackay Street (95-54) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the City of Pembroke Final Zoning By-law January 2020 115 R3-13 Zone, known municipally as 659 Mackay Street and more particularly described as Part Lots 320 and 321 and Part of Lots 335 and 336, Plan 83, being Part 1 on Reference Plan 49R-8001, may be developed in accordance with the following provisions: a. Three (3) dwelling units shall be permitted at 659 Mackay Street; b. A minimum front yard setback of 4.74 m [15.55 ft] shall be permitted in the R3-13 zone; c. The chimney shall be allowed to project 68.58 cm [27 in] into the required side yard; and d. Three (3) parking spaces shall be provided. 14. R3-14; 115 Dickson Street (95-53) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-14 Zone, known municipally as 115 Dickson Street and more particularly described as Part Lots 904 to 905, Plan 192, being Part 1 on Reference Plan 49R-8233, may be developed in accordance with the following provisions: a. Four (4) dwelling units shall be permitted; b. A minimum rear yard setback of 0.91 m [3 ft] shall be permitted on lands in the R3-14 Zone; and c. Five (5) parking spaces shall be provided. 15. R3-15; 302, 304, 306 and 308 Everett Street (2008-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-15 Zone, municipally known as 302, 304, 306 and 308 Everett Street and more particularly described as Plan 179, Lot 273 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 i. R1 uses in accordance with the provisions in Section 5.1 ii. R2 uses in accordance with the provisions in Section 6.1 iii. Row dwelling containing up to four (4) dwelling units b. Parking shall be in accordance with the Parking Regulations in Section 3.29(1) and (2) of this By-law. c. Lot area, frontage and setbacks shall be in accordance with Section 7.2 for a residential use with the exception of the following: i. Rear yard setback 6.10 m [20 ft] ii. Lot depth 21.03 m [69 ft] d. Should the units in the row dwelling be sold separately, relief is granted for the lot area for the two interior units. The lot area for the interior units will be permitted with a lot area of 153.85 116 January 2020 City of Pembroke Final Zoning By-law m2 [1,656 ft2]; e. That no boat, recreation vehicle and/or trailers shall be parked or stored in any yard for Units 1, 2 and 3 (as shown on Schedule 'B'); and f. That a boat or a recreation vehicle and/or trailer may be permitted to park in the interior side yard only, to the rear of a point midway between the front and rear walls of the dwelling unit and not closer than 1.22 m [4 ft] from the side lot line for Unit 4. 16. R3-16; 351 Matheson Drive (2007-08) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-16 Zone, municipally known as 351 Matheson Drive and more particularly described as Concession 2, Part Lot 24 and Part 4 on 49R-11605, may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses; and b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 7.2 of this By-law subject to a reduced rear yard setback of 7.5 m [24.625 ft]. 17. R3-17; 104 Greenside Street (2002-25) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-17 Zone, municipally known as 104 Greenside Street and more particularly described as Concession 2. Part Lot 25 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses; and b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 7.2 of this By-law with the exception of the following: i. Rear Yard Setback 1.83 m [6.0 ft] 18. R3-18; 243 Catherine Street (2002-27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-18 Zone, municipally known as 243 Catherine Street and more particularly described as Plan 36, Pt. Lot 125, Lot 126, may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses up to three dwelling units shall be permitted on lands in the R3-18 zone; b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 7.2 of the Comprehensive Zoning By-law with the exception of the following: i. Front Yard 4.47 m [14.65 ft] ii. Exterior Side Yard Setback 5.04 m [16.52 ft] iii. Rear Yard Setback of Double Frame Garage 0.27 m [0.87 ft] 19. R3-19 (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 117 20. R3-20 (Reserved for Future Use) 21. R3-21; 173 Fraser Lane (2004-49) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-21 Zone, municipally known as 173 Fraser Lane and more particularly described as Concession 2, Part Lot 28 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses; and b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 7.2 of this By-law subject to each dwelling unit fronting on an approved right-of-way in place and instead of a public street. 22. R3-22; 182, 184, 186 and 188 McAllister Street (2004-53) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-22 Zone, municipally known as 182, 184, 186 & 188 McAllister Street and more particularly described as Plan 119, Lot 629 may be developed in accordance with the following provision: a. Permitted Uses: Section 7.1 - A converted dwelling containing no more than four (4) dwelling units; and b. Setbacks shall be in accordance with Section 5.2 with the exception of the following: i. Interior Side Yard Setback (west side) shall be permitted at 0.50 m [1.65 ft]. 23. R3-23; 1025 Pembroke Street East (2005-28) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-23 Zone, municipally known as 1025 Pembroke Street East and more particularly described as Concession 2, Part Lot 25, Parts 1 & 2 on 49R-10197 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 i. R1 uses ii. R2 uses iii. Triplex dwelling b. Lot area, frontage and setbacks shall be in accordance with Section 7.2 for a residential use. The lot frontage shall be as follows: i. Lot Frontage 13.41 m [44.0 ft] 24. R3-24 (Reserved for Future Use) 25. R3-25; 295 Murray Street (2009-61) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-25 zone, municipally known as 295 Murray Street and more particularly described as Plan 30, Block 6, Part Lot 5 may be developed in accordance with the following provisions 118 January 2020 City of Pembroke Final Zoning By-law a. Permitted Uses: Section 7.1 i. R1 uses in accordance with the provisions in Section 5.1 ii. R2 uses in accordance with the provisions in Section 6.1 iii. Converted dwelling containing up to five (5) dwelling units b. Parking as in Section 3.29(1) and (2) of this By-law shall be amended to permit two (2) on-site parking spaces. c. Lot area, frontage and setbacks shall be in accordance with Section 7.2 for a residential use with the exception of the following: i. Lot Area 207.54 m2 [2,234.05 ft2] ii. Lot Frontage 10.67 m [35 ft] iii. Front Yard Setback 0 m [0 ft] iv. Rear Yard Setback 0.61 m [2 ft] v. Interior Side Yard Setback (north side) 0.305 m [1 ft] vi. Interior Side Yard Setback (south side) 0.051 m [0.1667 ft] vii. Lot Depth 209.4 m [63.83 ft] 26. R3-26; 833 Pembroke Street West (2009-51) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-26 Zone, municipally known as 833 Pembroke Street West and more particularly described as Concession 1, Part Lot 17, Part 1 on 49R-14195 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 i. R1 uses in accordance with the provisions in Section 5.1 ii. R2 uses in accordance with the provisions in Section 6.1 iii. Converted dwelling containing up to three (3) dwelling units b. Parking shall be in accordance with the Parking Regulations in Section 3.29(1) and (2) of this By-law. c. Lot area, frontage and setbacks shall be in accordance with Section 7.2 for a residential use with the exception of the following: i. Interior Side Yard Width (west side) 0.908 m [2.98 ft] 27. R3-27; 485 Eganville Road (2010-15) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-27 Zone, municipally known as 485 Eganville Road and more particularly described as Plan 103, Lot 3 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - Residential Type 3 - R3" i. Shall be limited to a dwelling containing not more than two (2) dwelling units. City of Pembroke Final Zoning By-law January 2020 119 b. Lot area, lot frontage and setbacks shall be in accordance with Section 6.2(1) with relief being granted for the following area for a semi-detached dwelling: i. Minimum Dwelling Unit Area - 62.24 m2 [670 ft2], instead of 66.89 m2 [720 ft2] 28. R3-28; 364-384 Patricia Avenue (2011-59) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-28 Zone, municipally located along Plan 437, Lots 49-51 and Lots 57 and 58, and the extension of Patricia Avenue may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses. b. Lot frontage, lot area, and setbacks shall be in accordance with Section 7.2 of this By-law, subject to each dwelling unit fronting on an approved right-of-way in place and instead of a public street. 29. R3-29; 225, 227 and 229 Everett Street (2012-67) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-29 Zone, municipally known as 225, 227 and 229 Everett Street and more particularly described as Plan 178, Block 12, Lot 15 and Lot 16 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses shall be limited to a three (3) unit row dwelling. b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 of this By-law, with relief being granted for the following areas: i. Rear Yard Depth of 225 Everett Street 5.8 m [18.9 ft] ii. Driveway Widths of 229 and 227 Everett Street 6.1 m [20 ft] driveways will be permitted at each 227 and 229 Everett Street iii. Minimum Lot Depth - 229 Everett Street 29.3 m [96.13 ft] - 227 Everett Street 26.3 m [86.29 ft] - 225 Everett Street 24.3 m [79.72 ft] 30. R3-30; 249 Forced Road (2013-35) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-30 zone, municipally known as 249 Forced Road and more particularly described as Plan 185, Lot 374 and Part of Lot 375 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses as well as a dwelling containing four (4) dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 of this By-law, with relief being granted for the following areas: 120 January 2020 City of Pembroke Final Zoning By-law i. Interior Side Yard (North side) 2.44 m [8.00 ft] c. Parking Provisions: Five (5) parking spaces shall be required for this property. 31. R3-31 (Reserved for Future Use) 32. R3-32; 504 Miller Street (372, 376, 380 James Street) (2014-05) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-29 zone, municipally known as 504 Miller Street (372, 376, 380 James Street) and more particularly described as Plan 27, Block L, Pt. Lot 1, may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses shall be limited to a three (3) unit row dwelling. b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 of this By-law, with relief being granted for the following areas: i. Rear Yard Depth of 372 James Street 3.66 m [12 ft] ii. Driveway Widths 6.1 m [20 ft] driveways will be permitted at 372, 376 and 380 James Street iii. Minimum Lot Depth - 372 James Street 20.12 m [66 ft] - 376 James Street 20.12 m [66 ft] - 380 James Street 20.12 m [66 ft] 33. R3-33; 377 Nelson Street (2014-21) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-33 Zone, municipally known as 377 Nelson Street and more particularly described as Plan 13, Part of Lot 17 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 of this By-law shall be limited to a converted dwelling containing a maximum of three (3) dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 of this By-law, with relief being granted for the following areas: i. Lot Area 727.06 m2 [7,826.05 ft2] ii. Interior Side Yard Width 2.3 m [7.5 ft] 34. R3-34; 200 Nelson Street (2014-42) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-34 Zone, municipally known as 200 Nelson Street and more particularly described as Plan 10, Block H, Part of Lot 5 and 6 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 of this By-law shall be limited to a converted dwelling containing City of Pembroke Final Zoning By-law January 2020 121 a maximum of four (4) dwelling units. b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 of this By-law, with relief being granted for the following areas: i. Lot Area 768.9 m2 [8,276.4 ft2] ii. Lot Frontage 19.1 m [62.7 ft] iii. Front Yard Depth 1.2 m [4 ft] iv. Exterior Side Yard Width 1.07 m [3.5 ft] 35. R3-35; 152 Cecelia Street (2016-02) Notwithstanding any provisions of this By-law to the contrary, the prope1iy which is located in the R3-35 Zone, known municipally as 152 Cecelia Street and more particularly described as Plan 13, Part of Lot 34, Part of Lot 41, Part 1 on 49R- 10114, Parts 1 and 2 on 49R-16227 and Part 1 on 49R- 18165, may be developed in accordance with the following provisions: a. Setbacks shall be in accordance with Section 7.2 for a converted dwelling containing four (4) dwelling units with relief being granted for the following area: i. Lot Frontage 16.23 m [53.26 ft] ii. Front Yard Depth 1.7 m [5.5 ft] iii. Interior Side Yard Width (south side) 0.3 m [1.0 ft] 36. R3-36; 175 Cecil Street (2016-53) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-36 zone, municipally known as 175 Cecil Street and more particularly described as Plan 195, Part Lots 73, 74 and 75, RP 49R-844, Parts 23 and 24 may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 of this By-law shall be limited to a converted dwelling containing a maximum of two (2) dwelling units for each half of a semi-detached dwelling. b. Zone Provisions: Setbacks shall be in accordance with Section 6.2(4) of this By-law, with relief being granted in the following areas for each half of semi-detached dwelling: i. Lot Frontage 10 m [33 ft] ii. Lot Area 367.9 m2 [3,960 ft2] iii. Driveway Widths Two 6.1 m [20 ft] driveways will be permitted 37. R3-37; 487 Eganville Road (2017-28) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-37 Zone, municipally known as 487 Eganville Road and more particularly described as as Plan 103, Part of Lot 4; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses shall be limited to a maximum of three dwelling units. 122 January 2020 City of Pembroke Final Zoning By-law b. Zone Provisions: Setbacks shall be in accordance with Section 7.2 for a converted building containing three residential dwelling units. The setbacks for the property shall be as follows: i. Lot Area 481.6 m2 [5,184 ft2] ii. Lot Depth 21.95 m [72 ft] iii. Front Yard Depth 0 m [0 ft] iv. Exterior Side Yard 0.61 m [2.0 ft] v. Landscaped Open Space 19% 38. R3-38; 362 Esther Street (2018-23) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-38 Zone, municipally known as 362 Esther Street and more particularly described as Plan 93, Part of Lot 187 and Lot 186; City of Pembroke may be developed in accordance with the following provisions: a. 362 Esther Street is granted relief from the following areas of the Zoning By-law: i. Permitted Use shall be a Converted Dwelling containing a maximum of three (3) dwelling units; ii. Reduced Lot Area shall be 741.2 m2 (7,978.01 ft2); iii. Reduced Lot Frontage shall be 18.1 m (59.4 ft); iv. Reduced Interior Side Yard Width (East side) shall be 1.2 m (4 ft); and v. Driveway and Parking Area Width shall be permitted to have a maximum width of 15.24 m [50 ft] 39. R3-39; 585 Perth Street (2019-29) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-39 Zone, municipally known as 585 Perth Street and more particularly described as Plan 27, Block R, Lot 19; City of Pembroke may be developed in accordance with the following provisions: a. 585 Perth Street is granted relief from the following areas of the Zoning By-law: i. Permitted Use shall be a dwelling containing a maximum of four (4) dwelling units; ii. Reduced Lot Area shall be 809.4 m2 [8,712 ft2]; and iii. Reduced Lot Frontage shall be 20.1 m [66 ft]. 40. R3-40-s; 247 Victoria Street (2019-31) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-40-s Zone, municipally known as 247 Victoria Street and more particularly described as Part Moffat Homestead, Plan 101 as in PMC28984, Except R90235; T/W R90236; S/T PMC28984; City of Pembroke may be developed in accordance with the following provisions: a. 247 Victoria Street is granted relief from the following areas of the Zoning By-law: i. Permitted Use shall be a dwelling containing a maximum of four (4) dwelling units; ii. Reduced Lot Frontage shall be 16.1 m [52.8 ft]. City of Pembroke Final Zoning By-law January 2020 123 41. R3-41; 364 Carmody Street (2019-47) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-41 Zone, municipally known as 364 Carmody Street and more particularly described as Plan 103, Part Lot 183, Part 1 on 49R-13099; City of Pembroke may be developed in accordance with the following provisions: a. 364 Carmody Street is granted relief from the following areas of the Zoning By-law: i. Permitted Use shall be a dwelling containing a maximum of four (4) dwelling units; ii. Reduced Lot Area shall be 838.9 m2 [9,030 ft2]; iii. Reduced Lot Frontage shall be 20.1 m [66 ft]; and iv. Driveway width shall be limited to two separate driveways off Carmody Street, each driveway having a width of 20 ft. 42. R3-42; 403-417 Patricia Avenue (2019-61) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-42 Zone, municipally known as 403-417 Patricia Avenue and more particularly described as Plan 49M-82, Lots 14 to 17; City of Pembroke may be developed in accordance with the following provisions: a. 403-417 Patricia Avenue is granted relief from the following areas of the Zoning By-law: i. Reduced Rear Yard shall be 6.0 m [19.69 ft]; ii. Rear Yard Decks shall be 2.44 m [8.0 ft] by 4.12 m [13.5 ft] and be permitted to be a minimum of 3.5 m [11.48 ft] from the rear lot line. 124 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Residential Type 4 (R4) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Cluster Housing - Dwelling, Apartment - Dwelling, Retirement Home - Group Home (See Section 8.3(1)) - Student Residence (2013-46) - Women's Shelter Apartment Dwelling, Retirement Home Dwelling, and Student Residence (2013-46) PROVISION REQUIREMENT a. Minimum Lot Area The sum of the areas required for each dwelling unit on the lot as follows: - For each bachelor dwelling unit: 69.68 m2 [750 ft2] - For each dwelling unit other than a bachelor dwelling unit: 69.68 m2 [750 ft2] plus 34.84 m2 [375 ft2] per bedroom b. Minimum Lot Frontage 33.53 m [110 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 6.10 m [20 ft] g. Minimum Landscaped Open Space 35% h. Minimum Dwelling Unit Area Non-Retirement Home Dwellings: - For a bachelor dwelling unit: 37.16 m2 [400 ft2] - For a dwelling unit containing one (1) bedroom: 55.74 m2 [600 ft2] - For a dwelling unit containing two (2) bedrooms: 65.03 m2 [700 ft2] - For a dwelling unit containing three (3) bedrooms: 83.61 m2 [900 ft2] - For a dwelling unit containing more than three (3) bedrooms: 83.61 m2 [900 ft2] plus 9.29 m2 [100 ft2] for each bedroom in excess of three (3) bedrooms City of Pembroke Final Zoning By-law January 2020 125 PROVISION REQUIREMENT Retirement Home Dwellings: - For a bachelor dwelling unit: 32.52 m2 [350 ft2] - For dwelling unit containing one (1) bedroom: 46.45 m2 [500 ft2] - For dwelling unit containing two (2) bedrooms: 55.74 m2 [600 ft2] - For dwelling unit containing three (3) bedrooms: 66.89 m2 [720 ft2] - For dwelling unit containing more than three (3) bedrooms: 66.89 m2 [720 ft2] plus 7.43 m2 [80 ft2] for each bedroom in excess of three (3) bedrooms i. Maximum Building Height 18.29 m [60 ft] j. Courts Where the design of a building forms an open court in the centre that is enclosed on all sides, the distance between opposing side walls of the building forming the court shall be not less than 21.34 m [70 ft] or the height of the highest side wall of the court, whichever is greater. k. Privacy Yards A privacy yard, clear and unobstructed by any parking area or any vehicular driveway, other than a private driveway for a dwelling unit, shall be provided adjoining each habitable room window of every dwelling unit on the first storey with a minimum depth measured at right angles from such wall it adjoins in accordance with the following: - An apartment dwelling containing eleven (11) or more dwelling units requires a parking area or vehicular driveway to be 7.62 m [25 ft] from any exterior wall with a window on the first storey. - An apartment dwelling of ten (10) or less dwelling units requires a parking surface to be 7.62 m [25 ft] from any exterior wall with a window and the vehicular driveway area to be 3.05 m [10 ft] from any exterior wall with a window on the first storey. - An apartment dwelling containing eleven (11) or more dwelling units requires the privacy yard to have an area unobstructed by any public or joint pedestrian access surface extending 3.66 m [12 ft] from any ground floor habitable room window. 126 January 2020 City of Pembroke Final Zoning By-law Cluster Housing PROVISION REQUIREMENT a. Minimum Lot Area The provision applicable to each type of dwelling individually shall apply to that dwelling in the Cluster Housing. For Lot Area and Landscaped Open Space calculations, the lot shall be divisible in such a manner that each dwelling has adequate areas to satisfy the minimum requirements. b. Minimum Front Yard Setback c. Minimum Rear Yard Setback d. Minimum Exterior Side Yard Setback e. Minimum Interior Side Yard Setback f. Minimum Landscaped Open Space g. Minimum Dwelling Unit Area h. Maximum Building Height i. Privacy Yards j. Minimum Lot Frontage 33.53 m [110 ft] Women's Shelter PROVISION REQUIREMENT a. Minimum Lot Area 696 m2 [7,491.7 ft2] b. Minimum Lot Frontage 33.53 m [110 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 6.10 m [20 ft] g. Minimum Landscaped Open Space 35% h. Maximum Building Height 15.24 m [50 ft] i. Privacy Yards A privacy yard, clear and unobstructed by any parking area or any vehicular driveway, shall be provided adjoining each habitable room window with a minimum depth of 4.57 m [15 ft]. Group Home PROVISION REQUIREMENT a. Minimum Lot Area 696 m2 [7,491.7 ft2] b. Minimum Lot Frontage 30 m [98.43 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback 2.44 m [8 ft] g. Minimum Landscaped Open Space 30% h. Maximum Building Height 10.67 m [35 ft] City of Pembroke Final Zoning By-law January 2020 127 Group Homes a. A group home in the Residential Type 4 (R4) Zone shall not accommodate more than six (6) residents; b. A group home in the R4 zone must occupy the whole of the building; 2. Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. R4-1 (Reserved for Future Use) 2. R4-2 (Reserved for Future Use) 3. R4-3; 403 Trafalgar Road (99-53) Notwithstanding any provisions of the By-law to the contrary, the property which is located in the R4-3 Zone, municipally known as 403 Trafalgar Road and more particularly described as Plan 185, Part of Lots 7 & 8, Plan 27, Block R, Part of Lot 9 may be developed in accordance with the following provisions: a. Permitted Uses: Nine (9) unit dwelling only; b. Landscaped Planting Strips - Not required for the property; however, a 1.5 m [5 ft] high solid visual barrier fence and/or hedge shall be erected along all property lines adjacent to a residential use; c. Parking shall be in accordance with the Parking Regulations in Section 3.29 of this By-law; d. In accordance with the Accessory Uses provisions in Section 3.1 of this By-law; and e. Lot area, frontage and setbacks shall be in accordance with Section 8.2 Zone Provisions for a nine-unit (9) dwelling with relief being granted for the following: i. Lot Area 1,114.84 m2 [12,000 ft2] ii. Lot Frontage 19.52 m [64.03 ft] iii. Front Yard Setback 0 m [0.0 ft] iv. Interior Side Yard Setback 0.63 m [2.06 ft] v. Minimum Landscaped Open Space 20% vi. Privacy yards are not required between the driveway and building for the property. 4. R4-4; 300 Isabella Street (85-19) Notwithstanding the any other provisions of this By-law to the contrary, the property which is located in the R4-4 Zone, known municipally as 300 Isabella Street and more particularly described 128 January 2020 City of Pembroke Final Zoning By-law as Lot 4 and Part of Lot 5, Registered Plan 30, being Part 1 on Reference Plan 49R-3239, may be developed in accordance with the following provisions: a. A six (6) unit apartment dwelling contained within the present building on the lot having a minimum lot area of 890.26 m2 [9,583 ft2], a minimum lot frontage of 24.38 m [80 ft] and minimum interior side yards of 3.66 m [12 ft]. 5. R4-5; 111-113 Mary Street (2010-57) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-5 Zone, known municipally as 111-113 Mary Street more particularly described as Lots 16 and 17, Block V, Plan 17, may be developed in accordance with the following provisions: a. Six (6) apartment dwelling units will be permitted; and b. Minimum Lot Frontage 24.48 m [80.33 ft] c. Minimum East Interior Side Yard Setback 4.06 m [13.31 ft] d. Minimum West Interior Side Yard Setback 5.11 m [16.75 ft] 6. R4-6; 402 Murray Street (87-25) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-6 Zone, known municipally as 402 Murray Street and more particularly described as Lot 1, Block 17, Plan 30, may be developed in accordance with the following provisions: a. Shall not exceed a total of six (6) dwelling units; b. Minimum Lot Area 613.14 m2 [6,600 ft2] c. Minimum Interior Side Yard Setback 0 m [0 ft] d. Minimum Rear Yard Setback 0 m [0 ft] 7. R4-7; 1024 Pembroke Street East (95-71) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-7 Zone, known municipally as 1024 Pembroke Street East and more particularly described as Part of Lots 24 and 25, Concession 2, being Parts 2-4 on Registered Plan 49R-10293, may be developed in accordance with the following provisions: a. Minimum Lot Frontage 29.75 m [97.61 ft] b. Minimum East Interior Side Yard Setback 7.58 m [24.88 ft] c. Minimum West Interior Side Yard Setback 9.22 m [30.26 ft] d. Minimum distance from the concrete walkway 3.62 m [11.88 ft] along the west side of the property to any City of Pembroke Final Zoning By-law January 2020 129 ground floor habitable room window e. Minimum distance from the driveway at the 3.05 m [10.00 ft] south end of the building to an exterior wall with a window f. Minimum distance from the driveway at the 4.95 m [16.25 ft] west side of the building to an exterior wall with a window 8. R4-8; 725 Pembroke Street West (93-85) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-8 Zone, known municipally as 725 Pembroke Street West and more particularly described as S.E. Part Lot 17, Concession 1, Lots 65 to 101, Registered Plan 9, the following uses shall be permitted: a. Bank; b. Community health and services centre; c. Convenience Store; d. Day Nursery; e. Medical Clinic; f. Office; g. Personal Services Establishment; h. Eating Establishment; i. Take-out Eating Establishment; j. Retail Store; k. Dwelling unit; l. Home Based Business; and m. Studio 9. R4-9; 124 Hunter Street (91-13) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-9 Zone, known municipally as 124 Hunter Street and more particularly described as Lot 400, Plan 91, may be developed in accordance with the following provision: a. Six (6) one-bedroom apartment dwelling units. b. Minimum Lot Frontage 20.12 m [66 ft] c. Minimum Front Yard Setback 2.73 m [8.97 ft] d. Minimum Interior Side Yard Setback - west side 1.17 m [3.85 ft] - east side 3.14 m [10.29 ft] e. Eight (8) parking spaces shall be provided. 130 January 2020 City of Pembroke Final Zoning By-law 10. R4-10; 313 Mackay Street (91-27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-10 Zone, known municipally as 313 Mackay Street and more particularly described as Lot 71, Part of Lot 72, Lot A, Part of Lot B, Plan 104, may be developed in accordance with the following provisions: a. The building may be used to house twelve (12) dwelling units. b. Minimum Lot Frontage 32.19 m [105.6 ft] c. Minimum Interior Side Yard Setback 2.79 m [9.15 ft] d. Fourteen (14) parking spaces shall be provided. Parking shall be permitted in the rear yard and southerly side yard. 11. R4-11; 593 Cecelia Street (91-35) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-11 Zone, known municipally as 593 Cecelia Street and more particularly described as Lots 866 and 867, Plan 256, may be developed in accordance with the following provisions: a. The building may be used to house eleven (11) dwelling units. b. Minimum Lot Frontage 32.92 m [108 ft] c. Minimum Interior Side Yard (width) 2.99 m [9.8 ft] d. Minimum Exterior Side Yard (width) 4.55 m [14.93 ft] e. Minimum Front Yard (depth) 6.03 m [19.77 ft] f. Twelve (12) paved parking spaces shall be provided. Parking shall be permitted on the east and north sides of the lot and shall be located 1.22 m [4 ft] from the street line. 12. R4-12 (Reserved for Future Use) 13. R4-13 (Reserved for Future Use) 14. R4-14; 170 Catherine Street (93-14) Notwithstanding any provisions of this By-law to the contrary; the property which is located in the R4-14 Zone, known municipally as 170 Catherine Street and more particularly described as Lot 51, Lot 52 and Part of Lot 53, Plan 18, may be developed in accordance with the following provisions: a. The building shall be used to house eleven (11) dwelling units; b. Minimum Interior Side Yard (width) Setback 6.10 m [20 ft]; c. Minimum Front Yard (depth) Setback 2.26 m [7.4 ft]; City of Pembroke Final Zoning By-law January 2020 131 d. Front porch may project into required front yard up to the lot line; e. No equipped recreational area is required; and f. Parking shall be permitted on the west side of the lot. The western privacy yard shall be 1.98 m [6.5 ft]. The northern privacy yard shall be 1.52 m [5 ft]. 15. R4-15 (Reserved for Future Use) 16. R4-16; 250 Christie Street (2013-46) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-16 Zone, known municipally as 250 Christie Street and more particularly described as Part of Lots 7 & 74 and Lot 72, Plan 9, Part 1 on Reference Plan 49R15235 may be developed in accordance with the following provisions: a. The building shall contain eleven (11) dwelling units. b. Minimum Lot Frontage 30.48 m [100 ft] c. Minimum South Interior Side Yard Setback 6.43 m [21.1 ft] d. Minimum North Interior Side Yard Setback 1.52 m [5.0 ft] e. Privacy yard shall be 1.52 m [5 ft]; no equipped recreation area is required. 17. R4-17; North of D'Youville Drive (90-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-17 Zone, described as Part of Lots 26, 27 and 28, Concession II, F.A.L. in the City of Pembroke, may be developed in accordance with the following provisions: a. For the purposes of Special Exception Zone R4-17, the following definitions shall apply: i. "Atrium Cluster Dwelling" shall mean a building divided vertically into two (2) or more but not more than twenty-four (24) self-contained dwelling units, each of which is connected by an interior covered corridor walkway whereby the occupants have a right to use, in common, the corridor. Each individual unit has two (2) separate means of ingress/egress: one (1) to the covered corridor walkway, and one (1) to the privacy yard. ii. "Garden Home" shall mean a building that is divided vertically into at least three (3) but not more than ten (10) self-contained dwelling units, each of which may be connected by a covered exterior walkway, which the occupants have a right to use in common. Each individual unit has two (2) separate means of ingress/egress: one (1) to the covered walkway and one (1) to the privacy yard. iii. "Privacy Yard" shall mean a landscaped area designated for the exclusive use of the dwelling unit owner. b. Permitted Uses in the R4-17 Zone shall be limited to the following: 132 January 2020 City of Pembroke Final Zoning By-law i. Garden Home ii. Atrium Cluster Dwelling iii. Public Park iv. Public Use c. No person shall use any lot or erect, alter or use any building or structure in the R4-17 zone except in accordance with the following provisions: Garden Home and Atrium Cluster Dwelling i. Minimum Yard Setbacks - Front Yard 6.1 m [20 ft] - Rear Yard 10 m [25 ft] - Exterior Side Yard 6.1 m [20 ft] - Interior Side Yard 6.1 m [20 ft] ii. Maximum Density 30 dwelling units per hectare (12 dwelling units per acre) iii. Maximum Building Height 10.5 m [34.45 ft] iv. Minimum Dwelling Unit Area 51 m2 [549 ft2] v. Minimum Parking Requirements One (1) space per dwelling unit 18. R4-18; North of D'Youville Drive (90-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-18 Zone, described as Part of Lots 26, 27 and 28, Concession II, F.A.L. in the City of Pembroke, may be developed in accordance with the following provisions: a. For the purposes of Special Exception Zone R4-18, the following definitions shall apply: i. "Ancillary Senior's Commercial Use" shall mean a commercial use located on the ground floor or basement level of a building which uses are capable of accommodating the day- to-day needs of senior citizens and which may include, but not necessarily be limited to, the following: - Bank - Barber Shop - Business or Professional Office - Chapel - Convenience Store or Specialty Store - Day Nursery - Craft or Hobby Shop - Dry Cleaning Establishment - Laundromat - Medical Clinic - Pharmacy - Theatre b. Permitted Uses in the R4-18 Zone shall be limited to the following: i. Dwelling, Apartment City of Pembroke Final Zoning By-law January 2020 133 ii. Ancillary Senior's Commercial Use iii. Public Use iv. Public Park c. No person shall use any lot or erect, alter or use any building or structure in the R4-18 zone except in accordance with the following provisions: i. Minimum Yard Setbacks - Front Yard 6.1 m [20 ft] - Rear Yard 10 m [25 ft] - Exterior Side Yard 6.1 m [20 ft] - Interior Side Yard 6.1 m [20 ft] ii. Maximum Density 120 dwelling units per hectare (49 dwelling units per acre) iii. Maximum Building Height 18.5 m [60.7 ft] iv. Minimum Dwelling Unit Area 51 m2 [549 ft2] v. Minimum Parking Requirements 0.25 spaces per dwelling unit or guest room 19. R4-19; 156 Mackay Street (2010-22) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-19 Zone, known municipally as 156 Mackay Street and more particularly described as Plan 10, Blk F, Pt Lot 4, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to a maximum six (6) unit apartment building; b. This property shall be exempted from the privacy yard and curbing provisions of the Zoning By-law; c. Nine (9) parking spaces shall be required for this property; d. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following areas: i. Front Yard Depth 0.0 m [0.0 ft] ii. Exterior Side Yard (south side) 0.0 m [0.0 ft] iii. Minimum Landscapes Open Space 17% iv. Lot Frontage 20.1 m [66 ft] 20. R4-20; 298 Pembroke Street East Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-20 Zone, municipally located at 298 Pembroke Street East and more particularly described as Plan 37, Lot 12 may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 "Residential Type 4 - R4" uses shall be limited to a maximum five (5) unit apartment building; b. This property shall be exempted from the privacy yard and curbing provisions of the Zoning By-law; 134 January 2020 City of Pembroke Final Zoning By-law c. Seven (7) parking spaces shall be required for this property; d. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling. The setbacks for the lot frontage, front yard depth and interior side yard width shall be as follows: i. Lot Frontage 20.1 m [66.0 ft] ii. Interior Side Yard Width 3.66 m [12 ft] on east side iii. Minimum Landscaped Open Space 11% 21. R4-21; Golfview Land Development Inc. Subdivision (2011-52) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-21 Zone and is located south of Boundary Road, east of Elgin Street, west of International Drive and north of Highway 17 and more particularly described as Concession 1, Part of Lots 29 and 30 may be developed in accordance with the following provisions: a. Section 8.1 - Permitted Uses: "Residential Type 4 - R4" uses shall be limited to an apartment dwelling, home occupation, day nursery, and commercial uses shall be permitted on the main floor of the apartment dwelling. The commercial uses shall be limited to a bakeshop, bank, convenience store, drug store, eating establishment, health club, laundromat, local retail store, medical clinic, mixed use building, office, personal services establishment and service shop; b. Section 2 - Definitions: A "Local Retail Store" definition shall be added to the list of definitions and shall mean a retail store which caters to the specific needs of a local area or neighbourhood; c. Section 2 - Definitions: A "Service Shop" definition shall be added to the list of definitions and shall mean a building or part of a building, not otherwise defined or classified herein, and whether conducted in conjunction with a local retail store or not, for the servicing or repairs of articles, goods, or materials and in which no product is manufactured, no equipment articles, goods or materials are stored outside and there is no equipment or process which creates excessive noise, glare, fumes or odour detrimental to the health and general welfare of persons residing in the neighbourhood; d. Section 8.2(1)(i) shall be amended to permit a maximum height of 15 storeys for the apartment dwellings. 22. R4-22 (Reserved for Future Use) 23. R4-23; 203 Isabella Street (2011-37) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-23 Zone, known municipally as 203 Isabella Street and more particularly described as Plan 17, Block M, Lot 18, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to a maximum five (5) unit apartment building and one office or a maximum of six (6) unit apartment building with no office permitted. b. This property shall be exempted from the curbing provisions of the Zoning By-law. City of Pembroke Final Zoning By-law January 2020 135 c. Eleven (11) parking spaces shall be required for this property. d. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following areas: i. Rear Yard Depth 5.18 m [17 ft] ii. Exterior Side Yard Width 4.57 m [15.0 ft] iii. Privacy Yards on West Side of Building 2.49 m [8.17 ft] iv. Distance between Parking Surface on 2.44 m [8 ft] v. North Side of Building and Exterior Wall e. An Architect's Report will be required to ensure the building meets the requirements of the Ontario Building Code. 24. R4-24; 160 Mackay Street (2011-56) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-24 Zone, known municipally as 160 Mackay Street and more particularly described as Plan 10, Block A, Lot 5, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to a maximum thirteen (13) unit apartment building with no commercial use permitted. b. Thirteen (13) parking spaces shall be required for this property. c. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following areas: i. Lot Frontage 20.12 m [66 ft] ii. Front Yard Depth 0.13 m [0.43 ft] iii. Exterior Side Yard Width 0 m [0.0 ft] iv. Interior Side Yard Width 0 m [0.0 ft] v. Privacy Yards Three (3) parking spaces will be only 3.05 m [10 ft] from exterior wall 25. R4-25; 135-137 Mackay Street (2011-57) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-25 Zone, known municipally as 135 Mackay Street and legally described as Plan 10, Part Lot 5, Block G, Part 1 on 49R-7903 and Part 1 on 49R-9813 and 137 Mackay Street Plan 10, Part Lot 5, Block G, Part 2 on 49R-7903 from a "Central Commercial - C3" zone to a "Residential Type 4-25 - R4-25" zone, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to a maximum four (4) unit apartment building with no commercial use permitted. b. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following areas: i. Front Yard Depth 0 m [0 ft] 136 January 2020 City of Pembroke Final Zoning By-law ii. Interior Side Yard Width 0.3 m [1 ft] iii. Rear Yard Depth 2.4 m [8 ft] iv. Privacy Yards 0 m [0 ft] v. Minimum Dwelling Unit Area 41.8 m2 [450 ft2] 26. R4-26; 172-180 Nelson Street (2012-15) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-26 Zone, municipally known as 172 Nelson Street and more particularly described as Plan 10, Block G, Part of Lot 5 and Part of Lot 6 and 180 Nelson Street and more particularly described as Plan 10, Block G, Part of Lot 5 may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 of this By-law shall be limited to the permitted uses in a R4 Zone. b. Zone Provisions: Setbacks shall be in accordance with Section 8.2 of this By-law, with relief being granted for the following areas: i. Lot Area 803.9 m2 [8,652.6 ft2] ii. Lot Frontage 21.0 m [69 ft] iii. Front Yard Depth 1.8 m [6 ft] iv. Rear Yard Depth 7.1 m [23.2 ft] v. Interior Side Yard Width (east) 0.6 m [2 ft] vi. Privacy Yards 0 m [0 ft] vii. Landscaped Open Space 19.76% 27. R4-27; 160 Cecelia Street (2012-57) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-27 Zone, known municipally as 160 Cecelia Street and more particularly described as Plan 13, Lot 35 and Part of Lot 34, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to a maximum twelve (12) unit apartment building. b. This property shall be exempted from the privacy yard and curbing provisions of the Zoning By-law. c. Thirteen (13) parking spaces are required. d. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following areas: i. Lot Area 1,015.4 m2 [10,929.6 ft2] ii. Front Yard Depth 4.85 m [15.9 ft] iii. Interior Side Yard (south side) 2.97 m [9.75 ft] iv. Interior Side Yard (north side) 0.91 m [3.0 ft] v. Minimum Landscaped Open Space 17.4% vi. Lot Frontage 20.18 m [66.24 ft] 28. R4-28 (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 137 29. R4-29; 9 Bennett Street (2012-06) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-29 Zone, known municipally as 9 Bennett Street and more particularly described as Con 1, Plan 178, Part of Lot 14, may be developed in accordance with the following provisions: a. Permitted uses shall include a thirty-eight (38) unit residential apartment dwelling in addition to two (2) apartment dwellings containing twelve (12) dwelling units each. b. A reduced privacy yard shall be permitted for the thirty-eight (38) unit apartment dwelling. 30. R4-30; 227 and 237 Lake Street (2013-29) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-30 Zone, municipally known as 227 and 237 Lake Street and more particularly described as Plan 17 BLK S, Part of Lots 1, 2 and 3 and Part of Water Lot XM; and Parts 1 to 5 on Reference Plan 49R-18102; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 as well as a student residence. b. The definition of a "Student Residence" for this property shall be defined as: a building or portion thereof used for the temporary residential accommodation of more than 10 persons attending an institution of higher learning. c. Zone Provisions: Setbacks shall be in accordance with Section 8.2 of this By-law, with relief being granted for the following areas: i. Front Yard Depth 5.15 m [16.9 ft] ii. Exterior Side Yard 1.52 m [5 ft] iii. Landscape Open Space 17% d. One (1) parking space per bedroom shall be required for this property. 31. R4-31; 250 McKenzie Street (2014-43) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4- 31 Zone, known municipally as 250 McKenzie Street and more particularly described as Lots 14-23, Part Lots 13 and 24, Part Lane and Part Mann Street, Block 7, Plan 178, Part 10, 49R-17596; Lots 1-3, Block 6, Plan 178, Part 8, 49R-15199; Lots 34-36, Block 6, Plan 178, Part 6, 49R-15199; Part Coolidge Avenue, Plan 178, Part 9, 49R-l 5l 99; Part Lane, Block 6, Plan 178, Part 7, 49R-15199; City of Pembroke, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 shall be limited to the conversion of the existing building to contain a maximum twenty-two (22) unit apartment building, a day nursery, a charitable organization and/or the apartment caretaker's storage area. b. No additions or development shall take place on the property without an amendment to this by- law. 138 January 2020 City of Pembroke Final Zoning By-law 32. R4-32; 320 Lake Street (2015-16) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4- 28 Zone, known municipally as 320 Lake Street and more particularly described as Plan 9, Lot 56, Part of Lots 53, 54 and 55 and Part 1 on Reference Plan 49R-17835, may be developed in accordance with the following provisions: a. Twenty (20) parking spaces shall be required for this property. b. Setbacks shall be in accordance with Section 8.2 for an apartment dwelling with relief being granted for the following area: i. Interior Side Yard Width (east side) 4.9 m [16.1 ft] 33. R4-33; 380 Mackay Street (2016-27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4- 33 Zone, known municipally as 380 Mackay Street and legally described as Plan 57, Pt. Lots 133 to 136, Plan 192, Pt. Lots 900, 903 to 905, may be developed in accordance with the following provisions: a. Permitted Uses: Section 8.1 of the Comprehensive Zoning By-law 2010- 57. b. Zone Provisions: Setbacks shall be in accordance with Section 8.2 of the Comprehensive Zoning By-law 2010-57 for an apartment dwelling with relief being granted for the following areas: i. Lot Area 4,278 m2 [46,048 ft2] ii. Rear Yard Setback 6.1 m [20 ft] c. Parking Provisions: Section 3.29(2) shall be amended for this property to allow 0.94 parking spaces per dwelling unit. 34. R4-34; 102 Maple Avenue, 100 Maple Avenue, and 301 Joseph Street (2018-19) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-34 Zone, municipally known as 102 Maple Avenue, 100 Maple Avenue, and 301 Joseph Street and more particularly described as Plan 10, Block R, Lots 1 to 6, Part Lots 7 and 8, Part John Street; City of Pembroke may be developed in accordance with the following provisions: a. 102 Maple Avenue is granted relief from the following areas of the Zoning By-law: i. Privacy Yard Setback: A privacy yard setback between the parking area or driveway and any exterior wall with a window on the first storey shall be 2 m [6.56 ft]. ii. Privacy Yard Setback: A privacy yard setback between a pedestrian access surface and any ground floor habitable room window shall not be required. iii. Accessory building shall be allowed to be located in front of the main building and shall not be located closer than the required 6.1 m [20 ft] setback from the front lot line. iv. Reduced Rear Yard Width shall be 6.62 m [21.72 ft]. v. Projection of Balconies: Balconies shall be permitted to have a maximum width of 4.4 m [14.43 ft] and project a maximum distance of 2.44 m [8 ft] into the required yard. City of Pembroke Final Zoning By-law January 2020 139 b. 301 Joseph Street is granted relief from the following areas of the Zoning By-law: i. Privacy Yard Setback: A privacy yard setback between the parking area or driveway and any exterior wall with a window on the first storey shall be 2 m [6.56 ft]. ii. Privacy Yard Setback: A privacy yard setback between a pedestrian access surface and any ground floor habitable room window shall not be required. iii. Reduced Rear Yard Width shall be 6.62 m [21.72 ft]. iv. Accessory building shall be setback back 3.05 m [10 ft] from the interior side lot line. v. Projection of Balconies: Balconies shall be permitted to have a maximum width of 4.4 m [14.43 ft] and project a maximum distance of 2.44 m [8 ft] into the required yard. c. 100 Maple Avenue is granted relief from the following areas of the Zoning By-law: i. Reduced Exterior Side Yard Width shall be 5.05 m [16.57 ft]. ii. Reduced Interior Side Yard Width shall be 5.05 m [16.57 ft]. iii. Accessory building shall be allowed to be located in front of the main building and shall not be located closer than 3.05 m [10 ft] exterior side yard setback. iv. Projection of Balconies: Balconies shall be permitted to have a maximum width of 4.4 m [14.43 ft] and project a maximum distance of 2.44 m [8 ft] into the required yard. 35. R4-35; 164 Christie Street (2019-32) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-35 Zone, municipally known as 164 Christie Street and more particularly described as Plan 9, Part Lot 51 and Part Lot 33; City of Pembroke may be developed in accordance with the following provisions: a. 164 Christie Street is granted relief from Section 8.2 of the following areas of the Zoning By- law: i. Permitted Use shall be an apartment dwelling containing a maximum of six (6) dwelling units; ii. Lot Area shall be 801.3 m2 [8,625 ft2]; iii. Lot Frontage shall be 22.9 m [75 ft]; iv. Front Yard Setback shall be 3 m [10 ft]; v. Interior Side Yard Setback (south side) - 3 m [10 ft]; vi. Privacy Yard Setback - A privacy yard setback between the parking area or driveway and any exterior wall with a window on the first storey shall be 3 m [10 ft] and setback between the driveway and the building is 0 m [0 ft]; vii. Southern Buffer Strip shall be 1.5 m [5 ft]; and viii. Landscaped Open Space shall be 29.4%. b. Section 3.29(2) of the Zoning By-law shall be amended to grant relief to allow seven (7) parking spaces on the property. 140 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Local Commercial (C1) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Convenience Store - Dwelling units above ground floor non-residential uses - Laundromat - Mixed Use Building (See Section 9.3(1)) - Office - Personal Services Establishment PROVISION REQUIREMENT a. Minimum Lot Area 464.5 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 3.05 m [10 ft] e. Minimum Exterior Side Yard Setback 3.66 m [12 ft] f. Minimum Interior Side Yard Setback Where an interior side yard abuts a Residential Zone: 6.10 m [20 ft] All other cases: 1.2 m [4 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 10.67 m [35 ft] Dwelling Units in a Non-Residential Buildings a. The gross floor area of the residential portions of the building shall not exceed twice the gross floor area of the non-residential portions of the building; and b. Minimum Dwelling Unit Area: i. For a bachelor dwelling unit 37.16 m2 [400 ft2] ii. For a dwelling unit containing 1 bedroom 55.74 m2 [600 ft2] iii. For a dwelling unit containing 2 bedrooms 65.03 m2 [700 ft2] iv. For a dwelling unit containing 3 bedrooms 83.61 m2 [900 ft2] v. For a dwelling unit containing more than three (3) bedrooms 83.61 m2 [900 ft2] plus 9.29 m2 [100 ft2] for each bedroom in excess of three (3) bedrooms City of Pembroke Final Zoning By-law January 2020 141 2. Required Buffer Strip Where a rear or interior side yard abuts a Residential Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 1 m [3.28 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law; and 3. Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. C1-1 (Reserved for Future Use) 2. C1-2 (Reserved for Future Use) 3. C1-3 (Reserved for Future Use) 4. C1-4 (Reserved for Future Use) 5. C1-5; 544 Pembroke Street West (95-64) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C1-5 Zone, known municipally as 544 Pembroke Street West and more particularly described as Lot 22, Plan 9, may be developed in accordance with the following provisions: a. Minimum Landscaped Planting Strip (west side) 1.83 m [6 ft] b. The only permitted commercial use shall be that of a hair salon. 6. C1-6 (Reserved for Future Use) 7. C1-7; 268 Isabella Street (98-63) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C1-7 Zone, known municipally as 268 Isabella Street and more particularly described as Lot 7, Block U, Plan 17, may be developed in accordance with the following provisions: a. The permitted uses shall be restricted to a business or professional office, a convenience store, a personal services establishment and/or a parking lot accessory to a permitted use. 8. C1-8 (Reserved for Future Use) 9. C1-9 (Reserved for Future Use) 10. C1-10; Golfview Land Development Inc., Subdivision (2011-52) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C1-10 Zone and is located south of Boundary Road, east of Elgin Street, west of International Drive and north of Highway 17 and more particularly described as Concession 1, Part of Lots 29 and 30 142 January 2020 City of Pembroke Final Zoning By-law may be developed in accordance with the following provisions: a. Section 9.1 - Permitted Uses: "Local Commercial - C1" uses shall be limited to dwelling units above ground floor non-residential uses, bakeshop, bank, convenience store, day nursery, drug store, eating establishment, health club, laundromat, local retail store, medical clinic, mixed use building, office, personal services establishment and service shop. b. Section 2 - Definitions: A "Local Retail Store" definition shall be added to the list of definitions and shall mean a retail store which caters to the specific needs of a local area or neighbourhood. c. Section 2 - Definitions: A "Service Shop" definition shall be added to the list of definitions and shall mean a building or part of a building, not otherwise defined or classified herein, and whether conducted in conjunction with a local retail store or not, for the servicing or repairs of articles, goods, or materials and in which no product is manufactured, no equipment articles, goods or materials are stored outside and there is no equipment or process which creates excessive noise, glare, fumes or odour detrimental to the health and general welfare of persons residing in the neighbourhood. 11. C1-11 (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 143 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Highway Commercial (C2) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Animal Day Care Establishment - Animal Hospital - Automobile Rental Establishment - Automobile Sales Establishment - Automobile Service Station (See Sections 3.33 and 10.3(2)) - Broadcasting Studio - Bus Terminal (2015-24) - Car Wash - Catering Establishment - Commercial Garage (See Sections 3.33 and 10.3(2)) - Commercial Greenhouse - Craft Brewery - Craft Distillery - Custom Workshop - Drive-through Facility - Dwelling units above and below ground floor non- residential uses, except that in the case of any automobile service station and a commercial garage, such dwelling unit shall not be permitted (See Section 10.3(3)) - Eating Establishment - Eating Establishment, Take-out - Educational Facility - Equipment Rental Establishment - Farmer's Market - Financial Institution - Food Vehicle - Gasoline Retail Facility (See Sections 3.33 and 10.3(2)) - Health Club - Hotel - Laundromat - Medical Clinic - Mixed Use Building - Motel - Office - Parking Garage - Parking Lot - Payday Loan Establishment - Personal Services Establishment - Pet Grooming Establishment (2013-46) - Place of Assembly - Place of Entertainment - Place of Worship - Recreational Vehicle Sales and Rental Establishment - Retail Store - Retail Store, Large Format - Taxi Depot - Theatre - Warehouse PROVISION REQUIREMENT a. Minimum Lot Area 557 m2 [5,995.5 ft2] b. Minimum Lot Frontage 18.29 m [60 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] 144 January 2020 City of Pembroke Final Zoning By-law PROVISION REQUIREMENT f. Minimum Interior Side Yard Setback Where interior side yard abuts a Residential Zone: 6.10 m [20 ft] All other cases: 3.05 m [10 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 10.67 m [35 ft] Drive-Through Facility Uses permitted in the C2 Zone may include a drive-through facility, and such facility shall be in accordance with Section 3.9 of this By-law. Automobile Uses Automobile service stations, commercial garages and gasoline retail facilities shall be subject to the provisions of Section 3.33 of this By-law and shall not be subject to Section 10.2. The minimum lot area for automobile service stations, commercial garages and gasoline retail facilities in the C2 Zone shall be 557.4 m2 [6,000 ft2]. Dwelling Units in a Non-Residential Building a. The gross floor area of the residential portions of the building shall not exceed twice the gross floor area of the Non-Residential portions of the building. b. Minimum Dwelling Unit Area: i. For a bachelor dwelling unit 37.16 m2 [400 ft2] ii. For a dwelling unit containing 1 bedroom 55.74 m2 [600 ft2] iii. For a dwelling unit containing 2 bedrooms 65.03 m2 [700 ft2] iv. For a dwelling unit containing 3 bedrooms 83.61 m2 [900 ft2] v. For a dwelling unit containing more than 3 bedrooms 83.61 m2 [900 ft2] Plus 9.29 m2 [100 ft2] for each bedroom in excess of three (3) bedrooms Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. Payday Loan Establishments A maximum of four (4) payday loan establishments shall be permitted in the entirety of lands zoned C2 within the limits of the Municipality. Required Buffer Strip Where a rear or interior side yard abuts a Residential Zone or an Open Space (OS) Zone, a buffer City of Pembroke Final Zoning By-law January 2020 145 strip shall be provided and maintained along the abutting lot lines having a minimum width of 2 m [6.56 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law; and Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. C2-1; 172 Fraser Lane (2009-12) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-1 Zone, municipally known as 172 Fraser Lane and more particularly described as Concession 2, Part of Lots 28 and 29, and Part 2 on 49R-6653 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - A single detached dwelling along with other permitted uses permitted in the C2 Zone; b. The maximum lot coverage for the detached garage (accessory building) shall be 13.53%. The rear yard setback of the detached garage shall be 1.83 m [6 ft] and the interior side yard setback shall be 5.79 m [19 ft] on the north side and 1.83 m [6 ft] on the south side; and c. Setbacks shall be in accordance with Section 10.2 for non-residential uses. The setbacks for the lot frontage and interior side yard setback shall be as follows: i. Lot Frontage 15.24 m [50 ft] ii. Interior Side Yard Setback (north side) 3.05 m [10 ft] on north side iii. Interior Side Yard Setback (south side) 4.27 m [14 ft] on south side 2. C2-2; 901 River Road (2005-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-2 Zone, municipally known as 901 River Road and more particularly described as Plan 91, Part Block O, RP49R-2733, Parts 1 and 2 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - Permitted Use shall be limited to an office, personal services establishment, medical office, greenhouse nursery, delivery service, educational facility, laundromat and/or retail store; b. Parking shall be in accordance with the Parking Provisions as in Section 3.29(1) and (2) of this By-law; c. Lot area, frontage and setbacks shall be in accordance with Section 10.2. The setback for the northern interior side yard setback shall be 1.46 m [4.8 ft]; d. Section 3.29(8)(a): Solid visual barrier in the form of a fence or hedge shall be required along the rear lot line and shall be maintained at a minimum height of 1.52 m [5 ft]; and e. No dumpsters shall be permitted on this property. 146 January 2020 City of Pembroke Final Zoning By-law 3. C2-3 (Reserved for Future Use) 4. C2-4; 458 Pembroke Street East (2013-46) Notwithstanding any provisions of this By-law to the contrary, the property which is located in a C2-4 Zone and municipally known as 458 Pembroke Street East and legally described as Plan 18, Part of Lot 115, Concession 2, Part of Lot 29 and Part 3 on Reference Plan 49R-1734; City of Pembroke may be developed in accordance with the following provisions: a. Minimum interior westerly side yard setback: 0.0 m [0.0 ft]; and b. Required parking shall be eight (8) parking spaces. 5. C2-5; 996 Pembroke Street West (89-18) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-5 Zone, known municipally as 996 Pembroke Street West and more particularly described as Lot 6, Plan 175, may be developed in accordance with the following provisions: a. Minimum Interior Westerly Side Yard Setback 0.49 m [1.6 ft] b. Minimum Interior Westerly Side Yard Buffering Adjacent Building 0.49 m [1.6 ft] 6. C2-6; 986 Pembroke Street West (89-19) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-6 Zone, known municipally as 986 Pembroke Street West and more particularly described as Lot 5, Plan 175, may be developed in accordance with the following provisions: a. Minimum Interior Westerly Side Yard Setback 1.49 m [4.9 ft] 7. C2-7 (Reserved for Future Use) 8. C2-8; 993 Pembroke Street East (92-28) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-8 Zone, known municipally as 993 Pembroke Street East and more particularly described as Pt Lot 25, Concession 2, being Parts 1-4 on Reference Plan 49R-480, may be developed in accordance with the following provisions: a. Seven (7) apartment dwelling units are permitted. b. Minimum Interior Side Yard Setback 0.18 m [0.6 ft] 9. C2-9 (Reserved for Future Use) 10. C2-10; 1316 Pembroke Street West (94-26) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-10 Zone, known municipally as 1316 Pembroke Street West and more particularly described as City of Pembroke Final Zoning By-law January 2020 147 Pt Lot 20, Concession 1, may be developed in accordance with the following provisions: a. Minimum Westerly Interior Side Yard Setback 4.76 m [15.62 ft] b. Minimum Easterly Interior Side Yard Setback 0.38 m [1.25 ft] c. A privacy fence shall be erected in place of the western property line landscaped planting strip. 11. C2-11; 670 Pembroke Street West (94-31) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-11 Zone, known municipally as 670 Pembroke Street West and more particularly described as Part Lot 123, Plan 185, may be developed in accordance with the following provisions: a. Minimum Exterior Side Yard Setback 0.99 m [3.27 ft] b. Minimum Front Yard Setback 1.07 m [3.50 ft] c. Landscaping shall be added along the rear portion of the northern property line. 12. C2-12; 965 Cecelia Street (95-43 and 98-10) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-12 Zone, known municipally as 965 Cecelia Street and more particularly described as Part of Gore Lot A, Concession 1, may be developed in accordance with the following provisions: a. Part 1 shall permit a warehouse and manufacturing plant and all other permitted uses in the C2 Zone. 13. C2-13; 1051 Pembroke Street West (96-07) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-13 Zone, known municipally as 1051 Pembroke Street West and more particularly described as Part of Lot 6, Plan 187, may be developed in accordance with the following provisions: a. Minimum Westerly Interior Side Yard Setback 1.07 m [3.5 ft] b. Minimum Front Yard Setback 1.65 m [5.4 ft] 14. C2-14; 1050 Pembroke Street West (96-27) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-14 Zone, known municipally as 1050 Pembroke Street West and more particularly described as Part Lot 27, Plan 175, may be developed in accordance with the following provisions: a. Minimum Front Yard Setback 2.87 m [9.41 ft] b. Minimum Exterior Side Yard Setback 3.73 m [12.24 ft] 148 January 2020 City of Pembroke Final Zoning By-law c. Minimum Interior Side Yard Setback 1.39 m [4.55 ft] d. Minimum Landscaped Planting Strip i. Eastern Property Line 1.39 m [4.55 ft] ii. Southern Property Line 2.44 m [8.00 ft] e. Access to property shall be from Wilfred Street only. 15. C2-15; 856 Pembroke Street East (96-32) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-15 Zone, known municipally as 856 Pembroke Street East and more particularly described as Pt Lot 26, Concession 2, may be developed in accordance with the following provisions: a. Minimum Western Interior Side Yard Setback 1.67 m [5.47 ft] 16. C2-16; 1064 Pembroke Street West (89-93) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-16 Zone, known municipally as 1064 Pembroke Street West and more particularly described as Lot 41, Plan 175, may be developed in accordance with the following provisions: a. Minimum Westerly Side Yard Buffering 0.99 m [3.28 ft] 17. C2-17; 1101 Pembroke Street West (97-23) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-17 Zone, known municipally as 1101 Pembroke Street West and more particularly described as Part of Lots 12-14, Plan 194, being Part 1 on Reference Plan 49R-5810 and Part 2 on Reference Plan 49R-5758, may be developed in accordance with the following provisions: a. The only permitted use shall be an office. b. Minimum Western Interior Side Yard (width) Setback 4.88 m [16 ft] 18. C2-18; 432 Boundary Road (98-26) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-18 Zone, known municipally as 432 Boundary Road and more particularly described as Part of Lot 30, Concession 1, may be developed in accordance with the following provisions: a. A financial office shall be added to the list of permitted uses in the C2 Zone for this property. b. Minimum Rear Yard Setback 4.57 m [15 ft] c. Minimum Landscaped Planting Strips Setback i. Eastern Property Line 1.52 m [5 ft] ii. Southern Property Line 1.52 m [5 ft] City of Pembroke Final Zoning By-law January 2020 149 19. C2-19; 1055 Pembroke Street West (2000-11) Notwithstanding any provisions of the By-law to the contrary, the property which is located in the C2-19 Zone, known municipally as 1055 Pembroke Street West and more particularly described as Concession 1, Part of Lot 18, may be developed in accordance with the following provisions: a. Lot area and setbacks shall be in accordance with Section 10.2 for permitted uses in the C2 Zone. Relief shall be granted for lot frontage. A reduced lot frontage of 20.12 m [66 ft] shall be permitted. 20. C2-20; (347 Pembroke Street East) (2001-33) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-20 Zone, municipally known as 347 Pembroke Street East and more particularly described as Plan 13, E. Part of Lot 5, W. Part of Lot 6 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - An office with dwelling units in a portion of the Non- Residential building shall be the only permitted uses. b. Setbacks shall be in accordance with Section 10.2 for a non-residential use with dwelling units. The setbacks for the lot frontage shall be as follows: i. Lot Frontage 20.12 m [66.0 ft] 21. C2-21 (Reserved for Future Use) 22. C2-22; 1019 Pembroke Street East (2002-23) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-22 Zone, municipally known as 1019 Pembroke Street East and more particularly described as Concession 2, Part of Lot 25, Parts 3, 4, 5 & 6 on 49R-10197 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - "Highway Commercial - C2" zone be amended to add an apartment dwelling as an additional use to the permitted "Highway Commercial - C2" uses. b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 10.2 of this By-law with the exception of the following: i. Exterior Side Yard Setback 2.13 m [7.0 ft] c. Landscaped Planting Strips: Not required for the northern and eastern property lines. 23. C2-23; (541 Pembroke Street East and 177 Arnolds Lane) (2003-49) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-23 Zone, municipally known as 541 Pembroke Street East and 177 Arnolds Lane and more particularly described as Concession 2, Part of Lot 29 may be developed in accordance with the 150 January 2020 City of Pembroke Final Zoning By-law following provisions: a. Permitted Uses: Section 10.1 - A single detached dwelling along with all other uses permitted in the C2 Zone. b. Setbacks shall be in accordance with Section 10.2. The setbacks for the lot frontage and interior side yard width shall be as follows: i. Lot Frontage 19.29 m [60.0 ft] ii. Interior Side Yard 2.89 m [9.47 ft] 24. C2-24; (911 River Road) (2004-59) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-24 Zone, municipally known as 911 River Road and more particularly described as Plan 91, Part Block O may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - A personal services establishment only; and b. Lot area, frontage and setbacks shall be in accordance with Section 10.2. The setbacks for the lot frontage, lot area and interior side yard widths shall be as follows: i. Lot Frontage 17.11 m [56.12 ft] ii. Lot Area 492.39 m2 [5,300 ft2] iii. Interior Side Yard Setback (north side) 1.22 m [4 ft] iv. Interior Side Yard Setback (south side) 4.88 [16 ft] 25. C2-25; (425 Pembroke Street East) (2005-01) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-25 Zone, municipally known as 425 Pembroke Street East and more particularly described as Concession 2, Pt. Lot 29 and Pt. Lot 30, Plan 18, Lots 76 to 81 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 "Highway Commercial - C2" uses along with the additional use of a bus terminal and setbacks shall be in accordance with Section 10.2. b. Landscaped Planting Strips: Not required for the eastern & northern property lines for the lot municipally known as 425 Pembroke Street East and more particularly described as Con 2, Pt. Lot 29. 26. C2-26; 387 Pembroke Street East (2009-39) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-26 Zone, municipally known as 387 Pembroke Street East and more particularly described as Plan 18, Lot 48 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 - An accessibility/mobility equipment dealer along with all other permitted uses in the C2 Zone; City of Pembroke Final Zoning By-law January 2020 151 b. The continuous strip of landscaped open space shall not be required along the eastern interior lot line; and c. Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the lot frontage, front yard depth and interior side yard width shall be as follows: i. Lot Frontage 20.1 m [66.0 ft] ii. Interior Side Yard Width (east side) 1.37 m [4.5 ft] iii. Front Yard Depth 5.94 m [19.5 ft] 27. C2-27; 526 Pembroke Street West (2009-59) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-27 Zone, municipally known as 526 Pembroke Street West and more particularly described as Plan 9, Lot 21 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 of this By-law. b. The continuous strip of landscaped open space shall be required along the southern rear lot line. c. Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the lot frontage, side yard width and rear yard depth of garage shall be as follows: i. Lot Frontage 20.1 m [66.0 ft] ii. Interior Side Yard Width of Garage 0.76 m [2.5 ft] iii. Rear Yard Depth of Garage 0.6 m [2 ft] 28. C2-28 (Reserved for Future Use) 29. C2-29; 1287 Blakely Crescent (2010-08) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-29 Zone, municipally known as 1287 Blakely Crescent and more particularly described as Concession 1, Part of Lot 20, Part of Part 2 on 49R-5751 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 of this By-law shall also include a self storage unit; and b. Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setback for lot frontage shall be as follows: i. Lot Frontage 9.1 m [30.0 ft] 30. C2-30; 940 Mackay Street (2010-39) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-30 Zone, municipally known as 940 Mackay Street and more particularly described as Plan 485, Block A may be developed in accordance with the following provisions: 152 January 2020 City of Pembroke Final Zoning By-law a. Permitted Uses: Section 10.1 of this By-law shall also include a warehouse, and a building contractor's shop; 31. C2-31; 720 Mackay Street (2012-05) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-31 Zone, municipally known as 720 Mackay Street and more particularly described as Concession 2, Part of Lots 32, 33 and 34 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 of this By-law shall be limited to the following uses: an office, a medical clinic, office of a public authority, educational facility and a mixed use building. 32. C2-32; 472 Pembroke Street East (2013-26) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-32 Zone, municipally known as 472 Pembroke Street East and more particularly described as Concession 2, Part of Lot 29, Parts 1 and 2 on 49R-1734 may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 of this By-law shall include all "Highway Commercial - C2" uses, along with the addition of a tattoo parlour. b. Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the lot frontage, lot area, front yard depth and interior side yard width shall be as follows: i. Lot Frontage 14.8 m [48.5 ft] ii. Lot Area 510.2 m2 [5,500 ft2] iii. Front Yard Depth 0.6 m [2 ft] iv. Interior Side Yard Width (east side) 0 m [0 ft] 33. C2-33; 900 Pembroke Street East (2013-46) Notwithstanding any provisions of this By-law to the contrary, the property which is located in a C2- 33 Zone and municipally known as 900 Pembroke Street East and legally described as Concession 2, Part of Lot 25, Reference Plan 49R-1285; Part 2; Reference Plan 49R-1703, Part 2 to 3; City of Pembroke may be developed in accordance with the following provision: a. Minimum exterior side yard setback for an accessory building or structure shall be 3.05 m [10.0 ft] and b. Minimum rear yard depth shall be 1.52 m [5.0 ft]. 34. C2-34; 1116 Pembroke Street West (2015-52) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-34 Zone, known municipally as 1116 Pembroke Street West and more particularly described as Concession 1, Part Lot 19, may be developed in accordance with the following provisions: a. Permitted Uses: Section 10.1 of this By-law shall be amended to allow only the following uses City of Pembroke Final Zoning By-law January 2020 153 in the C2-34 Zone: automobile sales establishment, office, a medical/dental clinic, recreational vehicle sales and rental establishment, retail store, automobile rental establishment, taxi stand, eating establishment, eating establishment - take-out, equipment rental establishment, laundromat, personal services establishment, pet grooming establishment and educational facility. b. Setbacks shall be in accordance with Section 10.2 for a commercial building with relief being granted for the following area: i. Interior Side Yard Width 4.6 m [15 ft] ii. Rear Yard Width 4.6 m [15 ft] c. Relief shall be granted from Section 3.29(7)(b) to permit aisles between and /or providing access to parking spaces to have a minimum of 5.49 m [18 ft]. 35. C2-35; 3 International Drive - (2018-21) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-35 Zone, municipally known as 3 International Drive and more particularly described as Concession 1, Part Lot 28, RP 49R-9743 Part 3 may be developed in accordance with the following provisions: a. Permitted uses: Section 10.1 Highway Commercial - C2 uses shall be permitted along with the additional use of a self storage facility with a supporting office which includes a caretaker's residence. b. Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the front yard and rear yard depth shall be as follows: i. Interior Side Yard Width (west side) 1.5 m [4.92 ft] c. Parking Provisions: Parking provisions shall be amended to permit 1 parking space for every 20 self storage units instead of the required 0.75 parking spaces per self storage unit. d. There shall be no open storage on the property. 36. C2-36; 407 Mary Street (2019-34) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-36 Zone, municipally known as 407 Mary Street and more particularly described as Plan 30, Block 7, Lot 9 and Part of Lot 10; City of Pembroke may be developed in accordance with the following provisions: a. Permitted uses: Section 10.1 Highway Commercial - C2 uses shall be permitted along with the additional use of a service industry (window and door shop) with an attached warehouse. b. Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the lot frontage, front yard, interior side yards and landscaped open space shall be as follows: 154 January 2020 City of Pembroke Final Zoning By-law i. Lot Frontage 15.24 m [50 ft] ii. Front Yard Depth 0 m [0 ft] iii. Interior Side Yard Width (east side) 4.88 m [16 ft] iv. Interior Side Yard Width (west side) 1.83 m [6 ft] v. Landscaped Open Space 1% c. There shall be no open storage on the property. City of Pembroke Final Zoning By-law January 2020 155 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Central Commercial (C3) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Animal Day Care Establishment - Animal Hospital - Art Gallery - Automobile Rental Establishment - Automobile Sales Establishment - Automobile Service Station (See Sections 3.33 and 11.3(1)) - Automotive Store - Bakery - Broadcasting Studio - Bus Terminal - Catering Establishment - Convenience Store - Craft Brewery - Craft Distillery - Custom Workshop - Day Nursery - Drive-through Facility - Dwelling units above and below ground floor non-residential uses (See Section 11.3(2)) - Eating Establishment - Eating Establishment, Take-out - Educational Facility - Farmers' Market - Financial Institution - Food Vehicle - Funeral Parlour - Gasoline Retail Facility (See Sections 3.33 and 11.3(1)) Health Club - Hotel - Laundromat - Library - Medical Clinic - Mixed Use Building - Museum - Office - Parking Garage - Parking Lot - Payday Loan Establishment - Personal Services Establishment - Pet Grooming Establishment (2013-46) - Place of Assembly - Place of Entertainment - Place of Worship - Post Office - Retail Store - Studio - Tavern - Taxi Depot - Testing or Research Laboratory - Theatre - Vocational Training Shop PROVISION REQUIREMENT a. Minimum Lot Area 464.5 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 3.05 m [10 ft] d. Minimum Rear Yard Setback 3.05 m [10 ft] e. Minimum Exterior Side Yard Setback 0 m [0 ft] 156 January 2020 City of Pembroke Final Zoning By-law PROVISION REQUIREMENT f. Minimum Interior Side Yard Setback Where interior side yard abuts a Residential Zone: 3.05 m [10 ft] All other cases: 0 m [0 ft] g. Maximum Number of Dwelling Units per Lot 1 h. Maximum Building Height 15 m [49.2 ft], or four storeys, whichever is lesser Automobile Uses Automobile service stations and gasoline retail facilities shall be subject to the provision of Section 3.33 of this By-law and shall not be subject to Section 11.2. The minimum lot area for automobile service stations and gasoline retail facilities in the C3 Zone shall be 464.5 m2 [5,000 ft2]. 2. Dwelling Units in a Non-Residential Buildings a. Dwelling units shall not occupy the first storey of buildings in the Central Commercial (C3) Zone. b. Minimum Dwelling Unit Area: i. For a bachelor dwelling unit 37.16 m2 [400 ft2] ii. For a dwelling unit containing one (1) bedroom 55.74 m2 [600 ft2] iii. For a dwelling unit containing two (2) bedrooms 65.03 m2 [700 ft2] iv. For a dwelling unit containing three (3) bedrooms 83.61 m2 [900 ft2] v. For a dwelling unit containing more than three (3) bedrooms 83.61 m2 [900 ft2] plus 9.29 m2 [100 ft2] for each bedroom in excess of three (3) bedrooms 3. Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. 4. Payday Loan Establishments A maximum of two (2) payday loan establishments shall be permitted in the entirety of lands zoned C3 within the limits of the Municipality. 5. Required Buffer Strip Where a rear or interior side yard abuts a Residential Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 1 m [3.28 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. 6. Accessory uses, buildings and structures, automobile uses, parking, parking exceptions, street City of Pembroke Final Zoning By-law January 2020 157 frontage, special setbacks and other general provisions shall be in accordance with Section 3 of this By-law. C3-1; 296 Isabella Street (79-68) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-1 Zone, municipally located on the south side of Isabella Street between Moffat and Doran Streets and more particularly described as Lot 9 and Part of Lot 8, Block U, Registered Plan 17, and Lots 2 and 3 and Part of Lots 1, 7, and 8, Block V, Registered Plan 30, may be developed in accordance with the following provisions: a. The only permitted commercial uses are: i. Artist or photographic studio; ii. Business or professional office; iii. Parking lot, accessory to a permitted use; iv. Funeral parlour. b. No person shall use any lot or erect, alter or use any building or structure for a Non- Residential purpose unless the lot is served by a public water supply and sanitary sewers, and except in accordance with the following provisions: i. Minimum Yard Setbacks - Front Yard 6.10 m [20 ft] - Exterior Side Yard 3.66 m [12 ft] - Interior Side Yard 1.22 m [4 ft] where the interior side lot line abuts a Residential Zone, the minimum interior side yard width shall be 3.05 m [10 ft] - Rear Yard 7.62 m [25 ft] ii. Minimum Landscaped Open Space 20% iii. Maximum Building Height 10.67 m [35 ft] iv. Parking, Accessory Buildings, Planting Strips, Driveways, etc., in accordance with the provisions of Section 3 hereof. 2. C3-2; 481 Mackay Street (2007-14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-2 Zone, municipally known as 481 Mackay Street and more particularly described as Plan 73, Part of Lots 210 and 211 may be developed in accordance with the following provisions: a. Permitted Uses: A medical clinic or a professional office and two apartment dwelling units; b. The covered veranda shall be permitted to encroach into the required front yard and shall be setback 1.34 m [4.4 ft] from the front lot line; c. Parking shall be in accordance with the Parking Provisions in Section 3.29(1) of this By-law; and 158 January 2020 City of Pembroke Final Zoning By-law d. Setbacks shall be in accordance with Section 11.2. 3. C3-3; 259 Pembroke Street East (84-40) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-3 Zone, known municipally as 259 Pembroke Street East and more particularly described as Lot 2, Block D Supple Section, Registered Plan 10, may be developed in accordance with the following in addition to those permitted by Section 11.1 of this By-law: a. The addition of two (2) apartment dwelling units to the existing building on the first floor. 4. C3-4; 380 Isabella Street (85-68) Notwithstanding any provision of this By-law and the provisions of Section 3 to the contrary, the property which is located in the C3-4 Zone, known municipally as 380 Isabella Street and more particularly described as Part of Lots 4 & 5, Blk 6, Reference Plan 30, may be developed in accordance with the following provisions: a. Parking i. Apartments 7 parking spaces ii. Retail Store 6 parking spaces b. Minimum buffering requirements: Easterly side i. From the Isabella Street property line to a point 26.25 m [86.12 ft] southerly - 3.05 m [10 ft] ii. From the point 26.25 m [86.12 ft] southerly to a point 11.50 m [37.73 ft] southerly from said point - 1.48 m [4.86 ft] iii. From the point 36.75 m [120.57 ft] southerly to the southerly property line - 3.05 m [10 ft] 5. C3-5; 256 and 258 Nelson Street (88-07) Notwithstanding any provisions of this By-law and the provision of Section 11.2 to the contrary, the property which is located in the C3-5 Zone, known municipally as 256 and 258 Nelson Street and more particularly described as Part Lots 6 and 7, Block 1, Registered Plan 10, may be developed in accordance with the following provisions: a. Minimum Easterly Side Yard Setback 0 m [0 ft] b. Minimum Westerly Side Yard Setback 0.50 m [1.64 ft] c. Parking 3 m [9.8 ft] 10 spaces d. Buffering i. East side from the Nelson Street property to a point 30 m [98.42 ft] northerly - 0 m [0 ft]; City of Pembroke Final Zoning By-law January 2020 159 from the point 30 m [98.42 ft] southerly to the existing garage 1.50 m [4.92 ft] and beyond, 0 m [0 ft]. ii. Westerly side from the Nelson Street property line to the garage - 2.50 m [8.20 ft] and beyond this point - 0.50 m [1.64 ft]. iii. Buffering shall be by landscaping only. 6. C3-6; 353 Mackay Street (2020-05) Notwithstanding any provisions of this by-law to the contrary, the property which is located in the C3-6 Zone, municipally known as 353 Mackay Street and more particularly described as Lots 103- 106, Plan 57, Part Herbert Street, Plan 57, closed by R254508, as in R108879, may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 shall be limited to the following uses: i. Eating Establishment; ii. Hotel; iii. Personal Services Establishment; iv. Place of Assembly; v. Dwelling Units, which may be located on the main floor. 7. C3-7; 171-173 Maple Avenue (89-35) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-7 Zone, known municipally as 171-173 Maple Avenue and more particularly described as Lots 5 and 6, Block D, Plan 10, may be developed in accordance with the following provisions: a. Minimum Front Yard Setback 2.14 m [7.02 ft] 8. C3-8; 432 Pembroke Street West (2004-13) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-8 Zone, municipally known as 432 Pembroke Street West and more particularly described as Plan 9, Part of Lots 7, 8 & 9 may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - "Central Commercial - C3" uses. b. Parking shall be in accordance with the Parking Provisions in Section 3.29(1) of this By-law. c. Lot Area, Lot Frontage and setbacks shall be in accordance with Section 11.2 of with the exception of the following: i. Interior Side Yard Setback Adjacent to a Residential Use 4.27 m [14.0 ft] ii. Distance between Main Building and Wood & Metal-Sided Shed 0 m [0.0 ft] d. Landscaped Planting Strips: No landscaped planting strips are required along the southern, western and eastern property lines. 9. C3-9; 545 Pembroke Street West (90-78) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-9 Zone, known municipally as 545 Pembroke Street West and more particularly described as 160 January 2020 City of Pembroke Final Zoning By-law Lots 46 and 47, Part Lot 48, Registered Plan 9, may be developed in accordance with the following provisions: a. Required parking 30 spaces. 10. C3-10 (Reserved for Future Use) 11. C3-11; 193 Pembroke Street West (91-85) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-11 Zone, known municipally as 193 Pembroke Street West and more particularly described as Part of Lot 1, Block N, Plan 17, may be developed in accordance with the following provisions: a. Minimum Lot Area 442.59 m2 [4,764.2 ft2] b. Minimum Lot Frontage 14.39 m [47.2 ft] c. Minimum Rear Yard Setback (approximately) 2.44 m [8 ft] 12. C3-12; 84 Isabella Street (92-69) Notwithstanding any provisions to this By-law to the contrary, the property which is located in the C3-12 Zone, known municipally as 84 Isabella Street and more particularly described as Lots 8 to 10, Pt Lots 11 to 13, Block W, Plan 17, being Part 1 on Reference Plan 49R-7280, may be developed in accordance with the following provisions: a. The only permitted uses property shall be business and professional offices and a parking lot. 13. C3-13 (Reserved for Future Use) 14. C3-14 (Reserved for Future Use) 15. C3-15 (Reserved for Future Use) 16. C3-16 (Reserved for Future Use) 17. C3-17; 153 Maple Avenue (2004-08) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-17 Zone, municipally known as 153 Maple Avenue and more particularly described as Plan 10, Block I, Part of Lot 1 may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - A single detached dwelling along with all other permitted "C3" uses. b. Parking shall be in accordance with the Parking Provisions as in Section 3.29(1) and (2) of this By-law. c. Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the lot frontage and interior side yard shall be as follows: City of Pembroke Final Zoning By-law January 2020 161 i. Lot Area 275.34 m2 [2,963.7 ft2] ii. Lot Frontage 10.06 m [33.3 ft] iii. Interior Side Yard Setback (north side) 31 cm [1.0 ft] iv. Interior Side Yard Setback (south side) 3.81 m [12.5 ft] v. Front Yard Setback 1.22 m [4.0 ft] d. Buffering shall not be required along the north, south and east sides of the property. 18. C3-18; 188 Prince Street (98-08) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-18 Zone, known municipally as 188 Prince Street and more particularly described as Part of Lots 20 and 26, Block G, Plan 2, may be developed in accordance with the following provisions: a. The two basement units may be used for residential dwelling units along with all permitted "Central Commercial - C3" uses. b. Zone provisions shall include: i. Minimum Lot Area 213.38 m2 [2,296.90 ft2] ii. Minimum Lot Frontage 11.73 m [38.50 ft] iii. Minimum Front Yard Setback 0 m [0 ft] iv. Minimum Landscaped Open Space 0% c. Three (3) paved parking spaces shall be provided for the use of tenants. 19. C3-19 (Reserved for Future Use) 20. C3-20; 162 Pembroke Street East (97-39) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-20 Zone, known municipally as 162 Pembroke Street East and more particularly described as Lots 20 to 22, Plan 57, may be developed in accordance with the following provisions: a. Permitted uses shall include a place of worship. b. The front yard setback shall be permitted at 2.90 m [9.5 ft]. c. Long term parking agreement for 20 spaces shall be required. 21. C3-21; Centenary Park (98-69) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the in the C3-21 holding zone and C3-21-flood fringe - holding zone, and is bounded to the north by the Ottawa River, to the south by the Canadian Pacific Railway, to the east by Albert Street and to the west by the extension of Frank Nighbor Street and more particularly described as Part of Water Lot XM, being Part of Part 2 on 49R-8988, Plan 17, Water Lot 448 Pt., Plan 2, Water Lot 472 Pt., 413 Pt., 449 Pt., may be developed in accordance with the following provisions: a. Permitted Uses The above property shall include all permitted uses in the C3 Zone with exception of: 162 January 2020 City of Pembroke Final Zoning By-law i. Animal hospital, ii. Automotive service station and sales garage, iii. Automobile store, iv. Bus terminal, v. Gasoline retail facility unless used in conjunction with the Pembroke Marina, vi. Parking garages, vii. Undertaker's establishment/funeral parlours and viii. Cemeteries. b. Zone Provisions i. In accordance with the Zone Provisions in Section 11.2 of this By-law; and ii. A maximum building height of 18.29 m [60 ft] shall be permitted. c. Parking In accordance with the Parking Regulations in Section 3.29 of this By-law. d. Loading Facilities In accordance with the Loading Space Regulations in Section 3.16 of this By-law. e. Accessory Uses In accordance with the Accessory Uses provisions in Section 3.1 of this By-law. f. Holding Zones Notwithstanding any provisions of this By-law to the contrary, for the land in the "Central Commercial-21-holding - C3-21-h" and "Central Commercial-21-flood fringe-holding - C3-21- ff-h" zones, located within Part of Water Lot XM, being part of Part 2 on 49R-8988, Plan 17 Water Lot 448 Pt., Plan 2, Water Lot 472 Pt., 413 Pt., 449 Pt., City of Pembroke as shown on Schedule "A" attached hereto, the only permitted uses shall be the uses that existed as of the time of the passing of this By-law and open space. The removal of the holding symbol is contingent upon the following: i. A signed Site Plan Agreement; ii. Submission to the Ministry of the Environment of a "Record of Site Condition" to be submitted following cleanup of property; iii. Submission to the Ministry of the Environment of a Noise Impact Assessment Report and Noise Impact Management Plan; and iv. Submission of the Ministry of the Environment of a copy of a development agreement between the City and the proponent agreeing to implement the noise report. Upon removal of the holding (h) symbol, the permitted uses and zone provisions of the C3-21 and C3-21-ff Zones shall apply. City of Pembroke Final Zoning By-law January 2020 163 22. C3-22; 97-101 Renfrew Street (99-17) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-22 Zone, municipally known as 97 - 101 Renfrew Street and more particularly described as Plan 2, Block J, Part Lot 8 and Part Lot 10 may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - "Central Commercial - C3" uses with the addition of up to two (2) apartment dwelling units on the ground and/or basement levels; b. Setbacks shall be in accordance with Section 11.2(2) of the Non-residential uses in a "Central Commercial - C3" zone; and c. Parking shall be in accordance with the Parking Regulations in Section 3.29(1) of this By-law and one parking space shall be provided for each apartment dwelling unit. 23. C3-23; 491 and 501 Isabella Street (99-16) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-23 Zone, municipally known as 491 and 501 Isabella Street and more particularly described as Plan 9, Part of Lots 82 and 84 and Lot 83 may be developed in accordance with the following provisions: a. Permitted Uses: A funeral parlour and a dwelling unit on the second storey; b. Landscaped Planting Strips: Not required for the property; however, a 1.52 m [5 ft] high solid visual barrier fence and/or hedge shall be erected along the northern property line and the western interior property line; and c. Setbacks shall be in accordance with Section 11.2. 24. C3-24 (Reserved for Future Use) 25. C3-25; 175 Mackay Street (2001-09) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-25 Zone, municipally known as 175 Mackay Street and more particularly described as Plan 57, Block B, Part Lot 5 and Part Lot 6 may be developed in accordance with the following provisions: a. Permitted Uses: "Central Commercial - C3" uses with the addition of a residential dwelling on the main floor. b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 11.2 of this By-law with the exception of the following: i. Front Yard Setback 1.95 m [6.41 ft] 26. C3-26; 402 Isabella Street and 299 Christie Street (2001-23) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-26 Zone, municipally known as 402 Isabella Street and 299 Christie Street and more particularly described as Plan 30, Block 7, Lots 3 and 12 may be developed in accordance with the following 164 January 2020 City of Pembroke Final Zoning By-law provisions: a. Permitted Uses: "Central Commercial - C3" uses shall be limited to a medical clinic; b. Landscaped Planting Strips - Relief is granted from the southern rear property line to 1.83 m [6 ft] and from the southern interior property line of 1.52 m [5 ft]. The landscaped planting strips shall also take the form of a 1.52 m [5 ft] high solid visual barrier fence and/or hedge erected along the southern rear and interior property lines; and c. Setbacks shall be in accordance with Section 11.2 with relief being granted for: i. Rear Yard 1.83 m [6.0 ft] 27. C3-27 (Reserved for Future Use) 28. C3-28; 278 Christie Street (2003-14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-28 Zone, municipally known as 278 Christie Street and more particularly described as Plan 9, Lot 73, Part Lot 72 and 74 may be developed in accordance with the following provisions: a. Permitted Uses: "Central Commercial - C3" uses shall be limited to medical clinic, professional offices and/or apartment dwelling units; b. The existing veranda shall be permitted to encroach into the front yard and shall be set back 0 m [0 ft] from front property line; c. Setbacks for the accessory buildings adjacent to a residential use shall be as follows: i. Existing 4-bay Garage Rear Yard Setback 2.13 m [7 ft] ii. Existing 1-bay Garage Rear Yard Setback 1.22 m [4 ft] d. Setbacks shall be in accordance with Section 11.2 with the exception of the following: i. Front Yard Setback 2.02 m [6.625 ft] e. Landscaped Planting Strips: A landscaped planting strip shall take the form of a 1.52 m [5 ft] visual screen along the western property line. No landscaped planting strip is required along the northern property line. 29. C3-29 (Reserved for Future Use) 30. C3-30; 231 Nelson Street (2010-58) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-30 Zone, municipally known as 231 Nelson Street and more particularly described as Plan 10, Block N, Lots 1-4, Part of Lots 5-8, Parts 2, 7 and 8 on 49R-533 may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - "Central Commercial - C3" uses along with a maximum of five City of Pembroke Final Zoning By-law January 2020 165 (5) apartment dwelling units. The apartment units can be located on the main level at the rear of the building as well as on the second or third storey of the building. 31. C3-31; 55 Pembroke Street West (2014-06) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3- 31 Zone, municipally known as 55 Pembroke Street West and more particularly described as Plan 2, Block C, Pt. Lot 7, may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 of this By-law shall include all "Central Commercial - C3" uses along with the addition of a tattoo parlour. b. Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the lot frontage, lot area, front yard depth and interior side yard width shall be as follows: i. Lot Frontage 5.22 m [17.12 ft] ii. Lot Area 132.01 m2 [1,420.96 ft2] iii. Front Yard Depth 0 m [0 ft] 32. C3-32; 65-67 Pembroke Street West (2016-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-32 Zone, municipally known as 65-67 Pembroke Street West and more particularly described as Plan 2, Block C, Part Lot 7 may be developed in accordance with the following provisions: a. Up to a maximum of 50% of the rear portion of the main floor space may be converted into a residential use. The front portion of the main floor shall remain commercial uses. b. Zone Provisions: Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the front yard depth and rear yard depth shall be as follows: i. Front Yard Depth 3.05 m [10 ft] ii. Rear Yard Depth 3.05 m [10 ft] 33. C3-33; 108 Pembroke Street West (2015-42) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-33 Zone, municipally known as 108 Pembroke Street West and more particularly described as Plan 2, Block A, Part Lot 2 may be developed in accordance with the following provisions: a. Up to 50% of the rear portion of the main floor space may be converted into a residential use. b. Zone Provisions: Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the front yard depth and the rear yard depth shall be as follows: i. Front Yard Depth 0 m [0 ft] ii. Rear Yard Depth 0 m [0 ft] 166 January 2020 City of Pembroke Final Zoning By-law 34. C3-34; 122 Pembroke Street West (2017-76) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-34 Zone, municipally known as 122 Pembroke Street West and more particularly described as Plan 17, Block H, Part Lot 18; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 Central Commercial - C3 uses shall be permitted as well as a short-term transitional lodging establishment. b. The definition of a "short-term transitional lodging establishment" for this property shall be defined as: a building or part thereof used for the provision of temporary, short-term residential accommodation of up to four days' stay with a maximum of three beds serving as a temporary refuge or residence for homeless persons. The centre will be staffed with the minimum of one staff member on the premises at all times when the accommodations are being used. Access to this establishment will be at the rear of the building. c. Zone Provisions: Setbacks shall be in accordance with Section 11.2 of this By-law, with relief being granted for the following areas: i. Lot Area 367.23 m2 [3,952.87 ft2] ii. Lot Frontage 10.29 m [33.77 ft] iii. Front Yard Depth 0 m [0 ft] 35. C3-35-h and C3-35-ff-h; 0 Albert Street (2017-02) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-35-h and C3-35-ff-h zones, municipally known as 0 Albert Street and more particularly described as Pt Water Lot, Location CL2827 in Ottawa River in front of Lot 35, Front Concession and in front of Lots 1, 3, 4 and 5, Block B, Plan 2 and Lot 5, Block A, Plan 2, Pembroke being Parts 1 and 5, 49R-5785; S/T reservations in R25311; City of Pembroke and being part of lands in PIN #57139- 0228 (LT) may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - "Central Commercial - C3" uses. b. Zone Provisions: Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the front yard and rear yard depth shall be as follows: i. Rear Yard Depth 0 m [0 ft] 36. C3-36; 169 William Street (2017-25) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-36 Zone, municipally known as 169 William Street and more particularly described as Plan 10, Part of Lots 1 and 2, Block J, Plan 10, Part of Lots 5 and 6, Block E and part of Sussex Street, Parts 1, 2 and 3 on 49R-18684; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 11.1 - "Central Commercial - C3" uses. City of Pembroke Final Zoning By-law January 2020 167 b. Zone Provisions: Setbacks shall be in accordance with Section 11.2 for a non-residential use. The setbacks for the front yard and rear yard depth shall be as follows: i. Rear Yard Depth 0 m [0 ft] 168 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Shopping Centre Commercial (C4) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Building Supply Outlet - Drive-through Facility - Eating Establishment - Food Vehicle - Shopping Centre PROVISION REQUIREMENT a. Minimum Lot Area 1 ha [2.47 ac] b. Minimum Lot Frontage 80 m [262.46 ft] c. Minimum Front Yard Setback Where front yard abuts a street, on the opposite side of which is a Residential Zone or an undeveloped lot not in a C2, C4, M1, M2, FP or H Zone: 15.24 m [50 ft] All other cases: 10 m [32.81 ft] d. Minimum Rear Yard Setback Where rear yard abuts a Residential Zone, a street, or an undeveloped lot not in a C2, C4, M1, M2, FP or H Zone: 15.24 m [50 ft] All other cases: 7.62 m [25 ft] e. Minimum Exterior Side Yard Setback Where exterior side yard abuts a street, on the opposite side of which is a Residential Zone or an undeveloped lot not in a C2, C4, M1, M2, FP or H Zone: 15.24 m [50 ft] All other cases: 10 m [32.81 ft] f. Minimum Interior Side Yard Setback Where interior side yard abuts a Residential Zone or an undeveloped lot not in a C2, C4, M1, M2, FP or H Zone: 15.24 m [50 ft] All other cases: 7.62 m [25 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 10.67 m [35 ft] i. Maximum Lot Coverage 45% Drive-Through Facility A drive-through facility shall comply with Section 3.9 of this By-law; City of Pembroke Final Zoning By-law January 2020 169 Open Storage No open storage shall be permitted in the Shopping Centre Commercial (C4) Zone. Vaults, central storage and collection areas and such other facilities and enclosures as may be required by the Municipality shall be provided for the storage of garbage and other waste material inside of the buildings; 3. Accessory Commercial Space Lands used on the same lot as the shopping centre for additional commercial space in such forms as garden centres or lumber supply areas in the Shopping Centre Commercial (C4) Zone shall be permitted in accordance with the following: a. Accessory commercial space shall not cause the number of parking spaces or loading spaces to be reduced below that required by this By-law. The number of parking spaces required shall take into account the gross floor area of the accessory commercial space; b. Buildings and structures used for accessory commercial space shall be setback from all lot lines a distance equal to or greater than that required by Section 12.2; c. Accessory commercial space shall not cause the minimum landscaped open space on the lot on which it is located to be reduced below that required by Section 12.2; and d. Buildings and structures used for accessory commercial space shall not exceed 5 m [16.4 ft] or one storey in height or the height of the main building, whichever is lesser; 4. Required Buffer Strip and Landscaped Open Space a. Where an interior side yard abuts a Residential Zone, the Open Space (OS) Zone or an undeveloped lot not in the C2, C4, M1, M2, FP or H Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 2 m [6.56 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law; b. Where a rear yard abuts a Residential Zone, a street, an Open Space (OS) Zone or an undeveloped lot not in the C2, C4, M1, M2, FP or H zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 2.5 m (8.2 ft) and such buffer strip shall be in accordance with Section 3.15 of this By-law; and c. Where a front or exterior side yard abuts a street and lands on the opposite side of the street are in a Residential Zone, an Open Space (OS) Zone or an undeveloped lot not in a C2, C4, M1, M2, FP or H zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 1.5 m [4.92 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. 5. Accessory uses, buildings and structures, automobile uses, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. 6. Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. 170 January 2020 City of Pembroke Final Zoning By-law (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 171 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Institutional (I) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Ambulance Facility - Cemetery - Charitable Office (2013-46) - Community Support Service (2013-46) - Community Centre - Continuum-of-Care Home - Day Nursery (2013-46) - Dwelling, Retirement Home - Educational Facility - Group Home (2013-46) - Hospital - Institute - Library - Medical Clinic (2013-46) - Mixed Use Building (See Section 13.3(1)) - Museum - Office (2013-46) - Office of a public authority - Place of Assembly - Place of Worship - Post Office - Post-secondary Educational Institution - School - Student Residence (2013-46) (See Section 8.2(1)) Continuum-of-Care Home PROVISION REQUIREMENT a. Minimum Lot Area 696 m2 [7,491.7 ft2] b. Minimum Lot Frontage 19.81 m [65 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 4.57 m [15 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 18.29 m [60 ft] Community Centres, Places of Assembly, Place of Worship and Hospitals PROVISION REQUIREMENT a. Minimum Lot Area 836 m2 [8,998.6 ft2] b. Minimum Lot Frontage 19.81 m [65 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] 172 January 2020 City of Pembroke Final Zoning By-law PROVISION REQUIREMENT f. Minimum Interior Side Yard Setback 6.10 m [20 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 18.29 m [60 ft] Schools and Post-Secondary Educational Institutions PROVISION REQUIREMENT a. Minimum Lot Area 1,300 m2 [13,993 ft2] b. Minimum Lot Frontage 30 m [98.43 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback (amended by By-law 2011-33) 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 6.10 m [20 ft] g. Minimum Landscaped Open Space 20% h. Maximum Building Height 18.29 m [60 ft] All Other Uses PROVISION REQUIREMENT a. Minimum Lot Area 464.5 m2 [5,000 ft2] b. Minimum Lot Frontage 15.24 m [50 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback 6.10 m [20 ft] f. Minimum Interior Side Yard Setback 3.05 m [10ft] g. Minimum Landscaped Open Space 10% Mixed Use Buildings Where a mixed use building contains two (2) or more uses permitted by Section 13.1 and there are different Zone provisions that apply to the different uses in Section 13.2, the more stringent set of Zone provisions shall apply; Required Buffer Strip a. Hospital, Place of Assembly, Post-secondary Educational Facility, School, Place of Worship Where a rear or interior side yard abuts a Residential Zone or an Open Space (OS) Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this City of Pembroke Final Zoning By-law January 2020 173 By-law; b. Community Centre, Educational Facility, Library, Museum, Office, Post Office Where a rear or interior side yard abuts a Residential Zone or an Open Space (OS) Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law; and c. Buffer strips shall not be required for cemeteries and continuum-of-care homes; Accessory uses, buildings and structures, parking, street frontage and other general provisions shall be in accordance with Section 3 of this By-law. I-1 and I-1-ff; 1111 Pembroke Street West (Heritage Manor) (2007-38) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 1 and I-1-ff Zone, municipally located behind 1111 Pembroke Street West and more particularly described as Part of Lot 19, Concession 1, Plan 194, Lots 20 to 23, Pt Lots 32 & 35, Lots 33 & 34, Part King Street, 49R-13935, Parts 2 to 7 may be developed in accordance with the following provisions: a. Permitted Uses: Senior Citizen Dwelling Units, continuum-of-care home, and uses accessory to the foregoing shall be the only permitted uses. b. Parking Requirements shall be as follows: i. 0.5 parking spaces per room in a continuum-of-care; and ii. 1 parking space per senior citizen dwelling unit. c. Minimum Interior Side Yard Setback (east side) 4.7 m [15.42 ft] 2. I-2; 1022 Pembroke Street East (92-55) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 2 Zone, known municipally as 1022 Pembroke Street East and more particularly described as Part of Lots 24 and 25, Concession 2, may be developed in accordance with the following provisions: a. Permitted uses shall include one (1) medical office and five (5) seniors' dwelling units; and b. The parking area shall be bounded by curbs. 3. I-3-s; 375 Doran Street (95-72) Notwithstanding any provisions of this By-law to the contrary; the property which is located in the I- 3-s Zone, known municipally as 375 Doran Street and more particularly described as Lots 6 to 9, Block 12, Plan 30, may be developed in accordance with the following provisions: 174 January 2020 City of Pembroke Final Zoning By-law a. Minimum Front Yard Setback 4.57 m [15 ft] b. Only use permitted shall be a day nursery facility. 4. I-4; 148 Renfrew Street (97-07) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 4 Zone, known municipally as 148 Renfrew Street and more particularly described as Lot 15 and Part of Lots 17, 24 and 25, Block L, Plan 17, may be developed in accordance with the following provisions and used for the following purpose in addition to the uses permitted in Section 13.1: a. Boarding and/or lodging house containing a maximum of eight (8) beds and one (1) caretaker's dwelling unit; b. Minimum Rear Yard Setback 0 m [0 ft] Minimum East Interior Side Yard Setback 0.70 m [2.3 ft] c. No curbs are required. 5. I-5 and I-5-ff; 1255 Pembroke Street West (2003-19 and 2004-05) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 5 and the I-5-ff Zones, municipally known as 1255 Pembroke Street West and more particularly described as Concession 1, Part of Lot 20 may be developed in accordance with the following provisions: a. Permitted Uses: Section 13.1 - Uses shall be limited to a school, community centre, offices and daycare centre; b. Parking shall be as follows for the site: i. School: 1.5 parking spaces per elementary school classroom; and 5 parking spaces per secondary school classroom. ii. Community Centre: 1 parking space per 18.6 m2 [200 ft2] of gross floor area. iii. Daycare Centre: 1 parking space for every two employees plus 1 parking space for every four children at capacity. iv. Offices: 1 parking space per 25 m2 [269 ft2] of gross floor area; c. Accessory Uses shall be in accordance to Section 3.1 of this By-law; and d. Landscaped Planting Strips: shall be in accordance with Section 3.29(8) of this By-law. 6. I-6 (Reserved for Future Use) 7. I-7; 478 - 484 Pembroke Street West (2002-26) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 7 Zone, municipally known as 478 - 484 Pembroke Street West and more particularly described as Plan 9, Lots 16 and 17 may be developed in accordance with the following provisions: City of Pembroke Final Zoning By-law January 2020 175 a. Permitted Uses: Section 13.1 - "Institutional - I" uses. b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 13.2 of this By-law, with the exception of the following: i. Rear Yard Setback of Storage Shed 2.35 m [7.7 ft] c. Parking shall be in accordance with the Parking Regulations in Section 3.29 of this By-law. d. Accessory Uses shall be in accordance to Section 3.1 of this By-law. e. Landscaped Planting Strips: not required for the western property line. 8. I-8; 445 Pembroke Street West (2002-30) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 8 Zone, municipally known as 445 Pembroke Street West and more particularly described as Plan 9, Part of Lot 36 and Part of Lot 35 may be developed in accordance with the following provisions: a. Permitted Uses: A place of worship; b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 13.2 of this By-law with the exception of the following: i. Interior Side Yard Setback 1.07 m (3.5 ft.) c. Parking shall be in accordance with the Parking Regulations in Section 3.29 of this By-law; d. Accessory Uses shall be in accordance to Section 3.1 of this By-law; and e. Landscaped Planting Strips: not required for the northern property line. 9. I-9; 137-147 Peter Street (2002-54 and 2014-58) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 9 Zone, municipally known as 137-147 Peter Street and more particularly described as Plan 13, Lot 28 and Lot 42 may be developed in accordance with the following provisions: a. Permitted Uses: Section 13.2 - "Institutional - I" uses in addition to a parking lot; b. Parking shall be in accordance with the Parking Regulations in Section 3.29 of this By-law; c. Accessory Uses shall be in accordance to Section 3.1 of this By-law; d. Landscaped Planting Strips: Relief is granted from the landscaped planting strip requirement along the eastern and southern property lines. The landscaped planting strip shall be a 1.52 m [5 ft] high solid visual barrier fence and/or hedge erected along the eastern and southern property lines; and e. Access - Relief is granted from Section 3.29 to allow a reduced minimum distance between a 176 January 2020 City of Pembroke Final Zoning By-law driveway and an intersection of street lines of 6.46 m [21.2 ft]. 10. I-10; North of D'Youville Drive (90-50) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 10 Zone, described as Part of Lots 26, 27 and 28, Concession II, F.A.L. in the City of Pembroke, may be developed in accordance with the following provisions: a. For the purposes of Special Exception Zone I-10, the following definitions shall apply: i. "Ancillary Senior's Commercial Use" shall mean a commercial use located on the ground floor or basement level of a building which uses are capable of accommodating the day- to-day needs of senior citizens and which may include, but not necessarily be limited to, the following: - Bank - Barber Shop - Business or Professional Office - Chapel - Convenience Store or Specialty Store - Day Nursery - Craft or Hobby Shop - Dry Cleaning Establishment - Laundromat - Medical Clinic - Pharmacy - Theatre ii. "Nursing Home" shall mean a nursing home as defined under the Nursing Home Act, R.S.O. 1990, as amended. iii. "Private Community Centre" shall mean a building that is used to accommodate the day-to- day activities of senior citizens whether used for commercial purposes or not, and which may include, but not necessarily be limited to, the following: - Ancillary Senior's Commercial Use as defined herein - Dance Hall - Dining room/Cafeteria - Exercise Room - Health Club - Heritage Hall (display area) - Indoor Lawn Bowling Green - Indoor Swimming Pool - Library - Meeting Room - Suntan area, a whirlpool and sauna iv. "Retirement Home" shall mean a semi-independent residential facility which shall include health and daily living support services for seniors and may include respite care, day care and other special care services. City of Pembroke Final Zoning By-law January 2020 177 b. Permitted uses shall be limited to the following: i. Nursing Home ii. Retirement Home iii. Ancillary Senior's Commercial Use iv. Private Community Centre v. Public Park c. No person shall use any lot or erect, alter or use any building or structure in the I-10 zone except in accordance with the following provisions: i. Minimum Yard Setbacks - Front Yard 5 m [16.4 ft] - Rear Yard 5 m [16.4 ft] - Interior Side Yard 5 m [16.4 ft] - Exterior Side Yard 5 m [16.4 ft] ii. Maximum Building Height 18.5 m [60.7 ft] iii. Maximum Floor Area - Nursing Home, Retirement Home 12,000 m2 [129,171.15 ft2] - Private Community Centre 2,300 m2 [24,757 ft2] iv. Minimum Parking Requirements - Nursing Home, Retirement Home One (1) space per staff member, plus one (1) space for every four (4) beds - Non-residential uses One (1) space per 30 m2 [322.9 ft2] of floor space 11. I-11; 425 Cecilia Street (2010-24) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 11 Zone, municipally located at 425 Cecilia Street and more particularly described as Concession 2, Part Lot 30 may be developed in accordance with the following provisions; a. Permitted Uses: "Institutional - I" uses along with an additional use of an oxygen vendor which includes the sale and rental of respiratory supplies. 12. I-12 and I-12-ff; 0 Alexander Street (2010-40) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "I-13" and "I-13-ff" Zones, municipally located at 0 Alexander Street and more particularly described as Part Water Lot XM, Pembroke, as in R112601 (Firstly), Water Lot CL5212, Pembroke, Part land under the Ottawa River in front of Water Lot XM and in Front of Lot 99 & Munroe Street, Plan 9, Pembroke, Part of Part 1 on Plan 49R 8988 subject to reservations in R311839, City of Pembroke and being Part of PIN 57139-0234, and Part Lots 95-100, Plan 9: Part Lot 17, Concession 1, Pembroke, Part Water Lot lying in front of Part Lot 17, Concession 1, Pembroke; Part Water Lot XM lying in front of Part of the Miller Sections, Pembroke as in PMT 1411, R1126(Secondly, Thirdly and Fourthly); City of Pembroke and being part of PIN #57139-0129 (LT) may be developed in accordance with the following provisions: a. Permitted Uses: "Institutional - I" uses shall be limited to post-secondary educational institution, school, educational facility, government offices, continuum-of-care home, 178 January 2020 City of Pembroke Final Zoning By-law community centre, library, museum & uses accessory to the foregoing; b. Frontage on Public Street: The minimum lot frontage requirement of Section 13.2(3)(b) shall not apply and access to this property may be via a registered right-of-way or easement. The registered right-of-way or easement will connect to an improved street; and c. Rear Yard Depth shall be permitted at 6.10 m [20 ft]. 13. I-13; Deacon Street Parking Lot (2011-34) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 13, municipally known as 196 Deacon Street legally described as Con 2 Pt Lot 32 and part of 200 Deacon Street legally described as Con 2 Pt Lot 32, RP49R11590 Part 1 from a "Residential Type 2 - R2" Zone to an "Institutional-13 - I-13" Zone may be developed in accordance with the following provisions: a. Landscaping Requirements: The required buffer strip abutting 805 Mackay Street and the rear portion of 200 Deacon Street (southern lot line of proposed parking lot) shall have a minimum width of 2.4 m (7.87 ft) and b. Landscaping Requirements: The required buffer strip abutting Deacon Street shall have a minimum width of 1 m (3.28 ft). 14. I-14; Deacon Street Parking Lot (2011-35) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "I-14", municipally known as 192 Deacon Street legally described as Con 2 Pt Lot 32; 194 Deacon Street legally described as Con 2 Pt Lot 32; 763 Mackay Street legally described as Con 2 Pt Lot 32; and 801 Mackay Street legally described as Con 2 Pt Lot 32 from a "Residential Type 2 - R2" zone to an "Institutional-14 - I-14" Zone may be developed in accordance with the following provisions: a. Landscaping Requirements: The required buffer strip along the rear lot line of 192 and 194 Deacon Street and the southern interior lot line of 801 Mackay Street shall have a minimum width of 2.4 m (7.87 ft); b. Landscaping Requirements: The required front yard buffer strip for 192 & 194 Deacon Street and 763 & 801 Mackay Street which abuts Deacon Street and Mackay Street shall have a minimum width of 1 m (3.28 ft); and c. The building municipally known as 192 Deacon Street shall be used as an office and this building shall not be removed from the property without an amendment to the Zoning By-law. 15. I-15; 168 Williams, 178 Williams, 268 Sussex (2012-10) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the I- 15 Zone, municipally known as 168 William Street legally described as Plan 10, Block D, Part Lot 8; 268 Sussex Street legally described as Plan 10, Block D, Part Lot 7 and 178 William Street legally described as Plan 10, Block D, Part of Lots 7 and 8 may be developed in accordance with the following provisions: City of Pembroke Final Zoning By-law January 2020 179 a. Permitted "Institutional-I" Uses: Section 13.1 of this By-law shall be limited to a parking lot. b. Landscaping Requirements: Section 3.29(8) of this By-law shall grant relief to allow a parking area providing more than thirty (30) off-street parking spaces to provide a landscaped open space along the lot lines abutting the street to a minimum width of 0.3 m (1 ft) along Sussex Street and no landscaped open space is required along William Street. c. Sight Triangle Requirements: Section 3.32 of this By-law shall grant relief to allow a measurement of 5.18 m [17 ft] on the William Street side of the property instead of the required 6 m [19.68 ft]. d. Access Requirements: Section 3.29(7)(e) of the Comprehensive Zoning By-law 2010-57 shall grant relief to allow the minimum distance between a driveway and an intersection of street lines to be 20 feet instead of the required 26 feet. 16. I-16; 150 Peter Street (2014-57) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "I-16" Zone, known municipally as 150 Peter Street and more particularly described as Plan 10, Block E, Part Lots 6, 7 and 8, Block J, Lot 5, Lot 9 and Lot 4, Plan 13, Block E, Lot 2, Part of Lots 1, 44, 46 and 47, Plans 10 and 13, Part of Sussex Street and Parts 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 on 49R- 18456 may be developed in accordance with the following provisions: a. Permitted Uses: Section 13.2 - "Institutional - I" uses in addition to an eating establishment. b. Zone Provisions: Setbacks shall be in accordance with Section 13.3 - "Institutional- I" uses of this By-law, with relief being granted for the following areas: i. Interior Side Yard Width 4.1 m [13.5 ft] ii. Rear Yard Depth 0 m [0 ft] c. For the purposes of an "Institutional-16-I-16" zone, the following definitions shall apply: The lot frontage for the rear part of the building at 150 Peter Street shall be along Peter Street. 17. I-17; 276 Church Street (2018-51) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "I-17" Zone, known municipally as 276 Church Street and more particularly described as Plan 17, Block L, Part Lot 14 may be developed in accordance with the following provisions: a. Permitted Uses: Section 13.1 - "Institutional - I" uses along with 22 apartment units. b. Zone Provisions: Setbacks shall be in accordance with Sections 3.1, 3.29(8), 8.2, and 13.2 of this By-law, with relief being granted for the following areas: i. Interior Side Yard Width (west side) 0 m [0 ft] ii. Interior Side Yard Width (east side) 0 m [0 ft] Attached to brick house 280 Church St.) iii. Landscaped Planting Strips / Privacy Strips 0 m [0 ft] 180 January 2020 City of Pembroke Final Zoning By-law iv. Rear Yard Depth of Garbage Corral and Gazebo 2.99 m [9.83 ft] v. Distance between Main Building and Gazebo and 1.09 m [3.58 ft] Garbage Corral c. Parking Provisions: Section 3.29(2) and 3.29(12) shall be amended for this property to allow one (1) parking space per dwelling unit and these parking spaces shall be accommodated on site at 276 Church Street. Parking Agreements shall be in place with owners of 77 Mary Street, 141 Renfrew Street and 68 Renfrew Street to accommodate parking for the place of worship and accessory uses at 276 Church Street. These off-site parking spaces being provided shall be permitted in "Central Commercial - C3" and "Institutional -I" Zones. City of Pembroke Final Zoning By-law January 2020 181 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the General Industrial (M1) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Animal Day Care Establishment - Assembly Plant - Automobile Body Shop - Automobile Sales Establishment - Automobile Service Station - Building Contractor's Shop - Bulk Sales Establishment - Call Centre (2011-33) - Cannabis Production Facility - Commercial Garage - Construction Equipment Storage Yard - Craft Brewery - Craft Distillery - Custom Workshop - Day Nursery (2011-33) - Drive-through Facility - Eating Establishment - Educational Facility - Food Vehicle - Health Club (2011-33) - Heavy Equipment and Vehicle Sales, Rental, and Servicing - Lumber Mill - Lumber Yard - Manufacturing Plant - Office (2011-33) - Office of a consulting engineer or some other office use directly supportive of industry - Parking Lot - Recreational Vehicle Sales and Rental Establishment - Retail Store, Wholesale Establishment or Office accessory to a permitted use - Self Storage Facility - Service Industry Establishment - Service industries such as building supply centres, building contractor shops, feed and fuel yards, machine shops, bulk storage, nursery or garden supply centre, printer or publisher, dry cleaning or laundry plant - Transportation Terminal - Warehouse - Wholesale Establishment General Provisions PROVISION REQUIREMENT a. Minimum Lot Area 557 m² [5,995.5 ft²] b. Minimum Lot Frontage 18.29 m [60 ft] c. Minimum Front Yard Setback 6.10 m [20 ft] d. Minimum Rear Yard Setback Where rear yard abuts a Residential Zone or an I, OS, C1 or C3 Zone: 12.19 m [40 ft] All other cases: 6.10 m [20 ft] e. Minimum Exterior Side Yard Setback Where exterior side yard abuts a Residential Zone or an Institutional (I) Zone: 12.19 m [40 ft] All other cases: 6.10 m [20 ft] 182 January 2020 City of Pembroke Final Zoning By-law PROVISION REQUIREMENT f. Minimum Interior Side Yard Setback Where interior side yard abuts a Residential Zone or an I, OS C1, C2, C3 or C4 Zone: 12.19 m [40 ft] All other cases: 3.05 m [10 ft] g. Minimum Landscaped Open Space 10% h. Maximum Building Height 20 m [65.6 ft] i. Height of Building Setback If any portion of a building is erected above a height of 9.14 m [30 ft], such portion of the building must be setback an additional 0.31 m [1 ft] from the front, rear or side lot line for every 0.31 m [1 ft] by which such portion of the building is erected above a height of 9.14 m [30 ft]. The additional setback requirement shall be added to the required front, rear and side yard requirements of this Zone. Cannabis Production Facility a. The licensed producer shall provide to the Chief Administrative Officer of the City of Pembroke, a copy of a current and valid production license issued by Health Canada. b. A cannabis production facility shall be at least 70 m from the building to: i. A lot in a: - Residential Zone; and - Institutional Zone; and ii. A lot containing a sensitive land use, including a: - School; - Day Nursery; - Community Centre; or - Training facility aimed primarily at children less than 16 years of age. Despite the required minimum distances noted above, no cannabis production facility lawfully established under these provisions shall be deemed to be a violation under this Section by the subsequent erection of a residential or institutional use constructed on another lot. c. No outdoor signage or advertising shall be permitted. d. Accessory open storage shall not be permitted with a cannabis production facility. e. A cannabis production facility shall require Site Plan approval, pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and in accordance with the City of Pembroke's Site Plan Control By-law, as amended. f. Any proposal to permit a cannabis production facility in a Zone other than a "General Industrial - M1" Zone or an "Economic Enterprise - M2" Zone shall require approval of a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended. City of Pembroke Final Zoning By-law January 2020 183 g. A cannabis production facility shall comply with all applicable Zone provisions. Open Storage a. In addition to Section 3.24 of this By-law, the following provisions shall apply to open storage in the General Industrial (M1) Zone. b. Notwithstanding Section 3.24, the open storage of goods or materials shall be permitted in rear yards only; c. Open storage shall only be permitted where it is accessory to the main use on the lot. d. Open storage shall comply with the yard setback requirements for main buildings in this Zone. e. Open storage shall not occupy more than 35% of the lot area nor shall it exceed twice the ground floor area of the main building on the lot. f. Open storage shall be concealed from view from the street or from open public areas by opaque fences or walls. 2. Railway Spur and/or Gatehouse Notwithstanding the yard setback requirements of this By-law to the contrary, a railway spur and/or gatehouse shall be permitted in any required yard or in the area between the street line and the required setback; 3. Required Buffer Strip a. Where a rear or interior side yard abuts a Residential Zone, an Institutional (I) Zone or an undeveloped lot not in a M1, M2, C4, H or FP zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law; and b. Where a front or exterior side yard abuts a street and lands on the opposite side of the street are in a Residential Zone, an Institutional (I) Zone or is an undeveloped lot not in a M1, M2, C4, H or FP Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. 4. Accessory Retail Use A maximum of 25% of the gross floor area of an industrial use may be used for the retail sale of products manufactured, produced, assembled or processed on-site; and 5. Accessory uses, buildings and structures, parking, street frontage, special separation distances and other general provisions shall be in accordance with Section 3 of this By-law. 184 January 2020 City of Pembroke Final Zoning By-law 6. Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. M1-1; 980 Cecelia Street (97-12) Notwithstanding any provisions of this By-law and Section 14.2 hereof to the contrary, the property which is located in the M1-1 Zone, known municipally as 980 Cecelia Street and more particularly described as Part of Gore Lot A, Concession 1, may be developed in accordance with the following provisions: a. Minimum Front Yard Setback 12.17 m [39.93 ft] 2. M1-2; 1300 Boundary Road (2000-08) Notwithstanding any provisions of the By-law to the contrary, the property which is municipally known as 1300 Boundary Road and more particularly described as Concession 1, Part of Lot 35, may be developed in accordance with the following provisions: a. Permitted Uses: Section 14.1 - "General Industrial-M1" uses with the addition of a flea market; b. Parking shall be in accordance with the Parking Provisions in Section 3.29(1) of this By-law; c. Accessory uses shall be in accordance with the Accessory Uses provisions in Section 3.1 of this By-law; and d. Lot area, frontage and setbacks shall be in accordance with Section 14.2 Zone Provisions for "General Industrial - M1" uses. 3. M1-3 (Reserved for Future Use) 4. M1-4 (Reserved for Future Use) 5. M1-5; 250 Quarry Road (2004-55) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-5 Zone, municipally known as 250 Quarry Road and more particularly described as Concession 1, Part Lot 12 may be developed in accordance with the following provisions: a. Permitted Uses: place of worship; b. Lot Frontage, Lot Area and Setbacks shall be in accordance with Section 14.2 of this By-law; c. Parking shall be in accordance with the Parking Regulations in Section 3.29 of this By-law; and d. Accessory Uses shall be in accordance to Section 3.1 of this By-law. City of Pembroke Final Zoning By-law January 2020 185 6. M1-6; 255 Quarry Road (2010-57) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-6 Zone, municipally known as 255 Quarry Road and more particularly described Part of Gore Lot A, Concession 1 may be developed in accordance with the following provisions: a. Permitted Uses: Section 14.1 - "Restricted Industrial-M1" uses with the addition of a recycling depot or transfer station. 7. M1-7; 100 Crandall Street (2011-33) Notwithstanding any provisions of this By-law to the contrary, the property which is located in a M1-7 Zone and municipally known as 100 Crandall Street and legally described as Lots 29-35, 38- 44, 187, 193, Plan 195; Part Lots 27-28, 36-37, 45-46, 99-102, 181-182, 186, 190-192, Plan 195; Part Dorothy Street, Milford Street and Cecil Street, Plan 195, Pembroke; Part Lot 35, Concession 1, Stafford; Part Road Allowance between the Townships of Stafford and Pembroke also known as Boundary Road, as closed by ST30735, Pembroke as in R424300; City of Pembroke may be developed in accordance with the following provisions: a. In addition to "M1" uses, a call centre, day nursery, medical clinic, health club, office, newspaper establishment and place of entertainment shall be permitted. 8. M1-8; 301 Forced Road (2015-49) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-8 Zone, known municipally as 301 Forced Road and more particularly described as Plan 185, Lots 300 to 303, Lots 305 to 307; Lots 315 to 332; Lots 327 to 334; Lots 337 to 344; Fourth Avenue, may be developed in accordance with the following provisions: a. Permitted Uses: Section 14.1 of this By-law shall include all "General Industrial -M1" uses along with the addition of a retail store. b. Setbacks shall be in accordance with Section 14.2 for an industrial building with relief being granted for the following area: i. Exterior Side Yard Width 24.74 ft 9. M1-9; 115 Woodcrest Drive (2017-62) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-9 Zone, municipally known as 115 Woodcrest Drive and more particularly described as Part Gore Lot A, Concession 1, Parts 1, 2 and 3 on 49R-17791; City of Pembroke may be developed in accordance with the following provisions: a. Permitted Uses: Section 14.1 - "General Industrial - M1" uses shall be permitted along with the additional use of an animal shelter. The maximum number of animals to be sheltered at 115 Woodcrest Drive would be 20 dogs, 30 cats and 3-5 small caged pets. 186 January 2020 City of Pembroke Final Zoning By-law 10. M1-10; 621 Paul Martin Drive (2019-60) Not withstanding any provisions of this By-law to the contrary, the property which is located in the M1-10 Zone, municipally known as 621 Paul Martin Drive and more particularly described as Concession 1, Part Lot 12, Part 1 on 49R-112695, except for Part 1 on 49R-15491; City of Pembroke may be developed in accordance with the following provisions: a. 621 Paul Martin Drive is granted relief from the following: i. Section 3.34(2)(b)(i) Special Separation Distances - Industrial Uses and Sensitive Land Uses - Class II Industrial Uses (Medium Industrial): The influence area of a Class II Industrial Use at 621 Paul Martin Drive shall be 140 m [459.3 ft]. City of Pembroke Final Zoning By-law January 2020 187 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Economic Enterprise (M2) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Ambulance Facility - Animal Day Care Establishment - Animal Hospital - Assembly Plant - Automobile Rental Establishment - Automobile Sales Establishment - Building Contractor's Shop - Call Centre - Cannabis Production Facility - Catering Establishment - Craft Brewery - Craft Distillery - Custom Workshop - Drive-through Facility - Eating Establishment - Educational Facility - Food Vehicle - Gasoline Retail Facility - Health Club - Heavy Equipment and Vehicle Sales, Rental, and Servicing - Manufacturing Plant - Mixed Use Building (see Section 15.3(1)) - Museum - Office(s) - Park, Private - Parking Lot - Personal Service Establishment - Place of Assembly - Recreational Vehicle Sales and Rental Establishment - Retail Store or Wholesale Establishment, accessory to a permitted use and owned and operated by the industry selling the goods manufactured or processed on site - Retail Store, Large Format - Service Industry Establishment - Testing or Research Laboratory - Theatre - Transportation Terminal - Warehouse - Wholesale Establishment Industrial Uses PROVISION REQUIREMENT a. Minimum Lot Area 557 m2 [5,995.5 ft2] b. Minimum Lot Frontage 30.48 m [100 ft] c. Minimum Front Yard Setback 10 m [32.08 ft] d. Minimum Rear Yard Setback Where rear yard abuts a Residential Zone or an I, OS, C1 or C3 Zone 12.19 m [40 ft] All other cases: 10 m [32.81 ft] e. Minimum Exterior Side Yard Setback 6 m [19.68 ft] f. Minimum Interior Side Yard Setback Where interior side yard abuts a Residential Zone or an I, OS C1 or C3 Zone: 10 m [32.81 ft] All other cases: 6 m [19.68 ft] g. Maximum Building Height 20 m [65.6 ft] 188 January 2020 City of Pembroke Final Zoning By-law Cannabis Production Facility a. The licensed producer shall provide to the Chief Administrative Officer of the City of Pembroke, a copy of a current and valid production license issued by Health Canada. b. A cannabis production facility shall be at least 70 m from the building to: i. A lot in a: - Residential Zone; and - Institutional Zone; and ii. A lot containing a sensitive land use, including a: - School; - Day Nursery; - Community Centre; or - Training facility aimed primarily at children less than 16 years of age. Despite the required minimum distances noted above, no cannabis production facility lawfully established under these provisions shall be deemed to be a violation under this Section by the subsequent erection of a residential or institutional use constructed on another lot. c. No outdoor signage or advertising shall be permitted. d. Accessory open storage shall not be permitted with a cannabis production facility. e. A cannabis production facility shall require Site Plan approval, pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and in accordance with the City of Pembroke's Site Plan Control By-law, as amended. f. Any proposal to permit a cannabis production facility in a Zone other than a "General Industrial - M1" Zone or an "Economic Enterprise - M2" Zone shall require approval of a Zoning By-law amendment under Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended. g. A cannabis production facility shall comply with all applicable Zone provisions. All Other Uses PROVISION REQUIREMENT a. Minimum Lot Area 557 m2 [5,995.5 ft2] b. Minimum Lot Frontage 30.48 m [100 ft] c. Minimum Front Yard Setback 6 m [19.68 ft] d. Minimum Rear Yard Setback 10 m [32.08 ft] e. Minimum Exterior Side Yard Setback 6 m [19.68 ft] f. Minimum Interior Side Yard Setback 6 m [19.68 ft] g. Maximum Building Height 10.97 m [36 ft] City of Pembroke Final Zoning By-law January 2020 189 Mixed Use Buildings a. Where a mixed use building contains two (2) or more uses permitted by Section 15.1 and there are different Zone provisions that apply to the different uses in Section 15.2, the more stringent set of Zone provisions shall apply. b. The following uses shall not be permitted in a mixed use building: i. Building Contractor's Shop ii. Light Industrial - Class I Industrial iii. Warehouse iv. Transportation Terminal 2. Open Storage In addition to Section 3.24 of this By-law, the following provisions shall apply to open storage in the Economic Enterprise (M2) Zone. a. Notwithstanding Section 3.24, the open storage of goods or materials shall be permitted in rear yards only; b. Open storage shall only be permitted where it is accessory to the main use on the lot; c. Open storage shall comply with the yard setback requirements for main buildings in this zone; d. Open storage shall be concealed from view from the street, abutting Residential Zones and open public areas by opaque fences or walls; and e. No open storage shall be located less than 20 m [65.62 ft] from lands in a Residential Zone. 3. Required Buffer Strip a. Light Industrial (Class I Industrial), Place of Assembly, Theatre, Transportation Terminal, Warehouse Where a rear or interior side yard abuts a Residential Zone or an Open Space (OS) Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. b. Ambulance Facility, Automobile Sales Establishment, Automobile Rental Establishment, Contractor's Shop, Recreational Vehicle Sales and Rental Establishment, Service Industry Establishment, Wholesale Establishment Where a rear or interior side yard abuts a Residential Zone or an Open Space (OS) Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum 190 January 2020 City of Pembroke Final Zoning By-law width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. c. All Other Uses, Not Including Public or Private Park Where a rear or interior side yard abuts a Residential Zone, a buffer strip shall be provided and maintained along the abutting lot lines having a minimum width of 3.05 m [10 ft] and such buffer strip shall be in accordance with Section 3.15 of this By-law. d. Where a mixed use building contains at least two uses that are listed in different provisions above (3(a), (b) or (c)), the requirements of the larger buffer strip shall required. 4. Accessory Retail Use A maximum of 25% of the gross floor area of an industrial use may be used for the retail sale of products manufactured, produced, assembled or processed on-site. 5. Accessory uses, buildings and structures, parking, street frontage, special separation distances and other general provisions shall be in accordance with Section 3 of this By-law. 6. Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. M2-1 (Reserved for Future Use) M2-2; 308, 320, 330 and 334 Boundary Road (98-59) Notwithstanding any provisions of this By-law to the contrary, the properties which are located in the M2-2 Zone, known municipally as 308, 320, 330, 334 and 0 Boundary Road and more particularly described as Part of Lots 28 and 29, Concession 1, being Parts 1 to 5 on Reference Plan 49R-9389, Parts 1 and 2 on Reference Plan 49R-9043, Part 1 on Reference Plan 49R-5380 and Parts 11 and 12 on Reference Plan 6089, may be developed in accordance with the following provisions: a. In addition to "M2" uses, an automobile service station, building supply outlet, car wash, commercial garage, offices, parking lot, place of entertainment, and retail store shall be permitted. M2-3; Adjacent to 138 Mud Lake Road (2004-16) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M2-3 Zone, municipally located along Mud Lake Road and adjacent to 138 Mud Lake Road and more particularly described as Concession 1, Part of Lot 25 may be developed in accordance with the following provisions: a. Permitted Uses: Section 15.1 - "Economic Enterprise - M2" uses along with the following additional use: City of Pembroke Final Zoning By-law January 2020 191 i. Agricultural use excluding buildings. M2-4; Golfview Land Development Inc. (2011-52) Notwithstanding any provisions of this By-law to the contrary, the property which is located south of Boundary Road, east of Elgin Street, west of International Drive and north of Highway 17 and more particularly described as Concession 1, Part of Lots 29 and 30 may be developed in accordance with the following provisions: a. Section 15.1 - Permitted Uses: "Economic Enterprise - M2" uses shall be limited to stormwater management ponds and a sewage pumping station. 192 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Flood Plain (FP) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Agricultural Use - Conservation Use - Forestry Use - Open Space - Parking Area - Parking Lot - Private Park - Public Park The placing of fill within the Flood Plain (FP) Zone is prohibited unless authority to do so is obtained from the Ministry of Natural Resources; No buildings or structures of any kind shall be used, altered or erected in the Flood Plain (FP) Zone except for those which by their nature must locate on such lands, such as flood and erosion control structures and docks. This shall not preclude installation of infrastructure; and Accessory uses, buildings and structures, parking, special separation distances, flood plain provisions and other general provisions shall be in accordance with Section 3 of this By-law. (Reserved for Future Use) (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 193 No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Hazard (H) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Agricultural Use - Conservation Use - Forestry Use - Open Space - Private Park - Public Park No buildings or structures of any kind, including fences and sheds less than 10 m2 [108 ft2] and retaining walls less than 1.2 m [4 ft] high, shall be used, altered or erected in the Hazard (H) Zone except for those which by their nature must locate on such lands, such as flood and erosion control structures and docks. The placing of fill within the Hazard (H) Zone is prohibited unless authority to do so is obtained from the Ministry of Natural Resources; and Accessory uses, buildings and structures, parking, special separation distances and other general provisions shall be in accordance with Section 3 of this By-law. (Reserved for Future Use) 194 January 2020 City of Pembroke Final Zoning By-law No person shall hereafter use any lands or erect, alter, enlarge or use any building or structure in the Open Space (OS) Zone except in accordance with the provisions of this Section and any other relevant Sections of this By-law. - Agricultural Use - Cemetery - Conservation Use - Food Vehicle - Golf Course - Parking Lot (2011-33) - Private Park - Public Park PROVISION REQUIREMENT a. Minimum Yard Setbacks - All Yards 9 m [29.53 ft] b. Maximum Lot Coverage 10% Accessory uses, buildings and structures, parking and other general provisions shall be in accordance with Section 3 of this By-law. Food Vehicle A food vehicle shall not be located closer than 60 m [196.9 ft] to a Residential Zone. 1. OS-1 (Reserved for Future Use) 2. OS-2 (Reserved for Future Use) City of Pembroke Final Zoning By-law January 2020 195 The Schedules of this Zoning By-law which establish Zone boundaries include: - Schedule "A" - Schedule "B" Schedule "C" of this By-law sets out fines and penalties for offences under this By-law. 196 January 2020 City of Pembroke Final Zoning By-law This page left intentionally blank LEGEND Municipal Boundary Parcel Fabric Roads Water RIVERSIDE DR BRONX ST CECELIA ST PAUL MARTIN DR WATER ST A LMIRA ST ALF R E D ST E HERBERT ST MACKAY ST BOUNDARY RD E BROADVIEW DR MCGEE ST EDDY ST EVERETT ST TRAFALGAR RD BOUNDARY RD SUPPLE ST INTERNATIONAL DR PARK A VE FRASER ST TOWNLINE RD MARGARET ST BE NNETT ST CATHERINE ST WILLARD ST JAMES ST ALFRED ST MAPLE AVE EGANVILLE RD CARMODY ST DOMINION ST 2ND AVE S CHAMBERLAIN ST POIRIE R S T OWENS S T RIVER RD APPLE B L OSSOM DR WILSON PL MURRAY ST 3RD AVE NELSON ST WILBERT ST ELLIS AVE DORAN ST MARY ST FORC ED RD GOURLEY AVE OLYMPIC DR LAIR ST MUNRO ST FRINGEWOOD ST CH AMBERLAIN ST IRVING ST THOMPSON S T CHAMPLAIN ST COOLIDGE ST CEDAR BRAE DR ROWAN ST KOSS LANE BELL ST WILFRED ST MILLER ST ELIZABETH ST DICKSON ST LEA ST HORACE ST MOSS DR MORRIS ST DOUGLAS ST COOPER ST REY N O LDS ST MOFFAT ST G E ORGE ST CRANDALL ST NORMAN ST METCALFE ST HERBERT ST E MCCRAE ST ESTHER ST CRAIG ST WILLIAM ST PATRICIA AVE HUN T ER ST IRVING ST D'YOUVILLE DR PETER ST CENTRE ST DUNLOP ST WALLACE ST CLEMOW AVE PETER ST S ELIZABETH ST ROSEWOOD AVE PERTH ST ST ANNE CRES ALMIRA ST S GORDON ST GRIFFITH ST PATTERSON ST WILLOUGHBY CRES ESTELLE ST SHEPPARD AVE CEDAR LANE WELLAND ST SOMERSET ST FISCHER ST MARTIN ST WESTON ST JULIEN ST W O'BRIEN ST N D'ARCY ST MCGEE ST E GIROUX S T CHRISTIE ST KYLE AVE FRON T ST NEW ST LYNN ST JULE ST CHRISTINK LANE 2ND AVE WILLIAM ST WOODCREST DR ANGUS CAMPBELL DR INTERNATI ON AL DR DRAPER ST MARKET S T INDIAN LANE LOURDESVIEW DR BELMONT AVE ARNOLDS LANE FLORA ST QUARRY RD FRASER LANE SWEEZEY CRT SHEA AVE H OWARD ST VILLA ST LEAHEY ST MELTON ST SYDENHAM S T GLEN WOO D DR NANCY ST ELGIN ST O'BRIEN ST HOWE ST 1ST AVE N RETA CRES MCKENZIE ST NOIK DR HILLSIDE AVE MOFFAT ST S POPLAR RID GE RD FRANCIS ST GARDEN ST JOHNS T O N C RES PERREAULT ST BEL M O NT AVE STUART ST COCKBURN CRES JULIEN ST G ULLEY DR CATHERINE ST S MATHESON DR DEACON ST SPRING F IEL D C R E S LAURIER AVE CECIL ST MOFFAT ST UPPER VALLEY DR BLAKELY CRES PEMBROKE ST W PEMBROKE ST W BOUNDARY RD E PAUL MARTIN DR BOUNDARY RD E CECELIA ST MCKAY ST CECELIA ST MARY ST ALFRED ST PEMBROKE ST E C2-18 C2-2 C2-30 C2-31 C2-35 C2 C2-s C2-s-o C3-23 C3-9 I-12 I-1 I-3-s I-5 I-7 I-s I M1-7 M1-8 M1-9 M1-o M1 M2-3-o M2-h M1-2 M1-10 OS R1-s-o R1 R2-3 R2-30 R2-h R3-10 R3-29 R4-29 R4-33 R4-31 M2-2 C2-o C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 I I OS I I I I I I I I I I R1 R1 R1 R1 R1 R1 R1 OS OS OS R2-s R2-s R2-s R2-s R3 R3 R4 R4 R4 R4 R4 R4 R4-ff R4 R4-ff R2-s R2-s C4 M1-h M1-s M1-s OS-s R2-2-ff R4-8 FP R4 M1 R4-8-h R4-8-h M1-s R1-o M2-o M2 M1 M1 C1 C1 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 C2-12 C2-22 C2-23 C2-25 C2-33 C4 I-11 I-2 M1-h OS OS OS OS OS OS R1-h R2-25 R2-27 R4 C3-6 R3-21 R3-28 R3-17 R3-7 R4-11 R4-7 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R4 R3 R3 R3 R3 R3 R3 R2 R2 R2 R2 R2 R2 R2 R1 R1 R1 I I I I I I I I I C2 C2 C2 C2 R3 I-5-ff R4-ff I-1-ff OS-ff OS I-12-ff R1 R1 FP R1-ff M1 I-ff R3 R3 H R2-s M1-s C2 C2 C1 C1-5 R2 C2-11 C2-13 C2-14 C2-16 C2-17 C2-19 C2-27 C2-34 C2-5 C2-6 R1-8-ff R2-10 R2-11 R2-13 R2-16-s R2-17-s R2-20 R2-21 R2-24 R2-29 R2-33 R2-5 R2-8 R2-9 R3-12 R3-14 R3-s R3-26 R3-3 R3-30 R3-32 R3-36 R3-37 R3-39 R3-4-s R4-3 R4-9 C2 C2 C2 C2 C2 C2 I R1 R1-ff OS R2-s R3 R3 R3 R4-6 R3 R3 R3 R3 R3 R3 R4 R4 R2-s OS-s R1-4-ff R2-2 R2 C2-10 C1 C1 C2 C1 C1 R2 R2 R4 R3 R3 R3 C2-1 C2-15 C2-32 C2-4 C2-8 C2-h C3-2 R1-10 R1-5 R2-12 R2-19 R2-26 R2-7 R3-13 R3-18 R3-23 R3-38 R3-6 R3 R3 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R1 R1 C2 C2 C2 R3 R3 R4 OS-ff R4 R2-ff R1 R1 R1-ff R1-w R1-w R1-5-ff R1-ff R1-ff-w R1-ff R1-ff-w R2 R4-s R2 OS-s M1-s FP R3-9-s I-3-s C2-s R2 R2-s R2-s R3 C1 C1 R1-9 R2-30 R4-31 R2-s R3-27 M1-9 R4-29 M1-s C3 R1-5 R2 R2 M1 R2-s R2-s R4 R2-s OS-s R4-2-s H H H H M2-s R1-s-o R1-s R1-o R1-o R1-o M2-3-o R1-o R1-o R1-o M1-o M1-s M1-1 M1-5 M1-6 R2-27 R2-s R2 C2-24 M1-s C2-12 I-13 I-14 OS-h R2 R2 M1 R1 R3-16 R3-16 R1 M1 I R2 C2 R2 R2 R2-s R2-s R2 I-ff R1-ff C2 R1 C2 OS OS OS R2 R2-18 OS R4-18 I-10 R4-17 H H R2-s M2-4 C1-10 OS M2-4 R1 I C1-10 M2-4 OS R1 R3 OS R3 R4-21 M2-4 R2 R2 R2 R2 R2 R2-22 R2 R2 OS R1 R2-32 OS M1 OS OS M1 OS M1 M1 M1 M1 M1 OS OS H H R4 C2 R3 R2 R3 R2 R3-42 CITY OF PEMBROKE 0 0.5 1 0.25 km ZONING BY-LAW SCHEDULE A SEE SCHEDULE B OTTAWA RIVER (ALLUMETTE LAKE) TOWNSHIP OF LAURENTIAN VALLEY TOWNSHIP OF LAURENTIAN VALLEY ± Notes: 1. The base information on this Schedule was prepared from a variety of map sources and was used by permission of the City of Pembroke. It is not a legal plan of survey. For precise location of features, reference should be made to the original source data. 2. This Schedule must be read in conjunction with the Zoning By-law. 3. This Schedule may not reflect all Zoning By-law Amendments approved subsequent to <<adoption date>>. Zoning Residential Type 1 Residential Type 2 Residential Type 3 Residential Type 4 Local Commercial Highway Commercial Central Commercial Shopping Centre Commercial Institutional General Industrial Economic Enterprise Flood Plain Hazard Open Space Special Exception R1 R2 R3 R4 C1 C2 C3 H OS -h, -ff, s, -o, -w, -numeral M1 M2 FP C4 I Final Zoning By-law January 2020 LEGEND Parcel Fabric Roads Water MAPLE AVE MOFFAT ST VICTORIA ST MACKAY ST SUPPLE ST LAKE ST CECELIA ST ALBERT ST HINCKS ST ALEXANDER ST FRANK NIGHBOR ST IS A BE L LA ST RENFREW ST COLLEGE WAY MARY ST CHURCH ST PEMBROKE ST W CHRISTIE ST PEMBROKE ST E NELSON ST SUSSEX ST MUNRO ST MURRAY ST DORAN ST AGNES ST PRINCE ST JOHN ST MCALLISTER ST ESTHER ST WILLIAM ST PETER ST CATHERINE ST ELIZABETH ST N JOSEPH ST ALFRED ST C3-1 C3-12 C3-26 C3-4 C3-s C3-s I-17 I-4 I-s OS-ff C3-21-ff-h R3-40-s R4-30 R4-32 C2 I I I I I I OS OS R4 R4 R2-s C3 R2 R2 R2 R2 R2 C3 C3 C3-20 C3-30 C3-36 C3-7 I-15 I R4-10 R4 R4-34 R4-ff R4 R4 R4 R4 R4 R3 R2 R2 R2 R1 R1 I-16 C3 C3 C3 C3 C2 C2 C2 C2 C2 R4 C3-35-ff-h FP C3-21-ff-h R4-ff OS FP R4-14 C1-07 C2-36 C3-11 C3-19 C3-22 C3-28 C3-31 C3-34 C3-32 C3-8 I-8 R2-15 R2-4 R2-6 R2-s R3-2 R3-5 R3-8 R4-16 R4-19 R4-23 R4-24 R4-35 R4-5 R3-25 C2 C2 OS R3 R3 R3 R3 R4 R4 R4 R1-4 C1 C1 C1 C1 R2 R2 R3 C3 R3 R2-31 R3 C2-20 C2-26 C3-17 C3-25 C3-3 C3-5 I-9 R1-7-ff R2-1 R3-35 R2-28 R3-1 R3-22 R3-33 R3-34 R4-20 R4-25 R4-26 R4-27 C1 R4 R4 R4 R4 R3 R3 R3 R3 R3-11 R2 R2 R2 R2 R1 R1 R1 R1 C3 C3 C2 R4 I-ff R4-34-ff R4 R4-4 R2-23 R4 R2 R2 C2 R2 I-12 FP I-12-ff R2 FP OS H C3-33 R2 R2 R1 R1 R2 OS C1 I I CITY OF PEMBROKE 0 0.5 0.25 km SEE SCHEDULE A OTTAWA RIVER (ALLUMETTE LAKE) ± SEE SCHEDULE A Notes: 1. The base information on this Schedule was prepared from a variety of map sources and was used by permission of the City of Pembroke. It is not a legal plan of survey. For precise location of features, reference should be made to the original source data. 2. This Schedule must be read in conjunction with the Zoning By-law. 3. This Schedule may not reflect all Zoning By-law Amendments approved subsequent to <<adoption date>>. Zoning Residential Type 1 Residential Type 2 Residential Type 3 Residential Type 4 Local Commercial Highway Commercial Central Commercial Shopping Centre Commercial Institutional General Industrial Economic Enterprise Flood Plain Hazard Open Space Special Exception R1 R2 R3 R4 C1 C2 C3 H OS M1 M2 FP C4 I -h, -ff, s, -o, -w, -numeral ZONING BY-LAW SCHEDULE B Final Zoning By-law January 2020 City of Pembroke Final Zoning By-law January 2020 Schedule C The Corporation of the City of Pembroke Part 1 Provincial Offences Act By-Law Number 2020-05: Comprehensive Zoning By-law Schedule "C" - Set Fines ITEM COLUMN l Short Form Wording COLUMN 2 Section, Subsection, Clause for Offence COLUMN 3 Set Fine (before court & VFS costs) 1. Fails to comply with an order, direction or other requirement S. 1.10(1)(a) $300.00 2. Obstructs or attempts to obstruct an officer S. 1.10(1)(b) $300.00 Note: The penalty provision for the offences indicated above in Section 1.11 of the City of Pembroke's By-law No. 2020-05 and Section 61 of the Provincial Offences Act, R.S.O. 1990, c.P.33. CITY OF PEMBROKE ZONING BY-LAW FINAL JANUARY 2020 The Corporation of the City of Pembroke By-law Number 2020-28 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (37) Highway Commercial-37 - C2-37 (37) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-37 Zone, municipally known as 840 Pembroke Street West and more particularly described as Plan 185, Lot 369, Part Lots 360, 361 and 368; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - Highway Commercial - C2" uses shall be permitted along with the additional uses of a builder's supply centre ie. kitchen and bath business, storage warehouse, workshop and one apartment dwelling unit. ii) Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setbacks for the lot frontage, front yard, interior side yards, buffer strips, accessory buildings and landscaped open space shall be as follows: - Lot Frontage shall be 16-.94 m (55.58 ft.); and - Front Yard Setback shall be 4.65 m (15.25 ft.); and - Interior Side Yard Setback (East Side) shall be 4.36 m (14.3 ft.); and - Interior Side Yard Setback (West Side) shall be 0.23 m (0.75 ft.); and - Buffer Strips along both Interior Lot Lines shall be O m (0 ft.): and - Garage Interior Side Yard shall be 0.71 m (2.33 ft.); and - Shed Interior Side Yard shall be 0.15 m (0.5 ft.); and - Landscaped Open Space shall be 1 %. iii) There shall be no open storage on the property. This is Schedule 'A' to By-law 2020-28 of the Corporation of the City of Pembroke passed this 5th day of May, 2020. Subject Property to be Rezoned from a "Residential Type 2 - R2" Zone to a "Highway Commercial-37 - C2-37" Zone Y Mayor The Corporation of the City of Pembroke By-law Number 2020-29 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (3) Highway Commercial-3 - C2-3 (3) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-3 Zone, municipally known as 813 Pembroke Street East and more particularly described as Part Lot 25, Concession 2 fronting Allumette Lake, Pembroke, Part 1 on 49R-1697 4; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - Highway Commercial - C2" uses shall be permitted along with the additional uses of a single detached dwelling house. ii) Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The setback for lot frontage shall be 6.1 m (20 ft.) (Right-of-way). 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Part Lot 25, Concession 2 fronting Allumette Lake, Pembroke, Part 1 on 49R-16974; City of Pembroke as "Highway Commercial-3 - C2-3" zone in place and instead of a " Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect Passed and Enacted This 5th day of May, 2020 ~ ) Michael LeMay V Mayor T~ ~\c\, \'-\0,{'-~1, Chief-Ad,)1i,1istrat1ve Offlcer?eterk ~ ... ~ (\-e,\C This is Schedule 'A' to By-law 2020-29 of the Corporation of the City of Pembroke passed this 5th day of May, 2020. Subject Property to be Rezoned from a "Highway Commercial - C2" Zone to a "Highway Commercial-3 - C2-3" Zone 0 V Mayor The Corporation of the City of Pembroke By-law Number 2020-30 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows~ 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (1) Residential Type 4-1 - R4-1 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R4-1" Zone, municipally known as 102 Deacon Street and more particularly described as Plan 181, Lot 664 and Part Lot 665; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 - "Residential Type 4 - R4" uses shall be limited to an apartment building containing a maximum of five (5) dwelling units. ii) Zone Provisions: Setbacks shall be in accordance with Section 8.2 for a non-residential use. The setback for the lot frontage, rear yard, eastern interior side yard, privacy yards, buffer strips and dwelling unit areas shall be as follows: - Lot Frontage shall be 21.9 m (72 ft.); and - Rear Yard Setback shall be 4.88 m (16 ft.); and - Interior Side Yard Setback (East Side) shall be 3.66 m (12 ft.); and - Privacy Yards shall be 0 m (0 ft.); and - Buffer Strip Width (West Side) shall be Om (Oft.); and - Dwelling Unit Areas for One Bedroom Apartments shall be 46.25 sq. m. (497.26 sq. ft.); and - Dwelling Unit Areas for Two Bedroom Apartments shall be 62.05 sq. m. (667.17 sq. ft.) - Garbage enclosure to be provided on property. Size, location and timing to be illustrated on site plan provided by owner and approved by the City of Pembroke. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 181, Lot 664 and Part of Lot 665; City of Pembroke as "Residential Type 4-1 - R4- 1" zone in place and instead of a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 5th day of May, 2020 ~ / Mich~ Mayor Terf'y'tapieffe \.\-J:i C¼ I'-' cu. ~J\ 6hief-A€iffl-i AtStr-aWJe--GffiBe·f'felerk This is Schedule 'A' to By-law 2020-30 of the Corporation of the City of Pembroke passed this 5th day of May, 2020. ~{/ Cl lief Ad111i11istrat\veO \~,,, .... ~ Cl (l_j-l Subject Property to be Rezoned from a ''Residential Type 2 - R2" Zone to a "Residential Type 4-1 - R4-1" Zone Mayor Bler-k The Corporation of the City of Pembroke By-law Number 2020-32 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the lands municipally known as 1064 Pembroke Street West and more particularly described as Plan 175, Lot 41; City of Pembroke from a "Highway Commercial-16- C2-16" zone to a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to The Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 5th day of May, 2020 Michael LeMayY Mayor This is Schedule 'A' to By-law 2020-32 of the Corporation of the City of Pembroke passed this 5th day of May, 2020. Y Mayor d111inistta - - r/Ccrk ~'-'~ C\-t-,L Subject Property to be Rezoned from a "Highway Commercial-16- C2-16" Zone to a "Residential Type 2 - R2" Zone The Corporation of the City of Pembroke By-law Number 2020-33 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4 (14) Residential Type 2-14 - R2-14 (14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the i'R2-14" Zone, municipally known as 304 McKenzie Street (in future known as 467 and 469 Almira Street) and more particularly described as Plan 178, Block 7, Lot 36, Part Lot 35 and Part 1 on 49R-18689; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Residential Type 2 - R21' uses. ii) Zone Provisions: Setbacks shall be in accordance with Section 6.2 for a semi-detached dwelling house. The setback for the lot area, rear yard, front yard, lot depth and driveway width shall be as follows: - Lot Area shall be 421.71 sq. m. (4,534.5 sq. ft.); and - Lot Area if one dwelling unit occupies a lot shall be 210.85 sq. m (2,267.2 sq. ft.); and - Rear Yard Setback shall be 2.44 m (8 ft.); and - Front Yard Setback shall be 3.66 m (12 ft.); and - Lot Depth shall be 13.3 m (43.6 ft.); and - Driveway Width shall be 6.1 m (20 ft.) 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 178, Block 7, Lot 36, Part of Lot 35 and Part 1 on 49R-18689; City of Pembroke as "Residential Type 2-14 - R2-14'' zone in place and instead of a "Residential Type 2-30 - R2-30'' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 5th day of May, 2020 MichaelleMayY Mayor -~PJ-l.....aj9'ferre ~~\c'--r\-...v, 6-l'l1ef-AElm-ifl4stf:ative Offjce.r.teletk- ~pA 1 ( h .. r\l This is Schedule 'A' to By-law 2020-33 of the Corporation of the City of Pembroke passed this 5th day of May, 2020. Subject Property to be Rezoned from a "Residential Type 2-30 - R2-30" Zone to a "Residential Type 2-14 - R2-14" Zone Mayor The Corporation of the City of Pembroke By-law Number 2020-39 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (7) Highway Commercial-? - C2-7 (7) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-7 Zone, municipally known as 547 Pembroke Street East and more particularly described as Part Lots 28 and 29, Concession 2 fronting Allumette Lake, Pembroke, as in R423006; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - Highway Commercial - C2" uses shall be permitted along with the additional uses of a single detached dwelling house. ii) Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The minimum dwelling unit area shall be 864 square feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Part Lots 28 and 29, Concession 2 fronting Allumette Lake, Pembroke, as in R423006; City of Pembroke as 1'Highway Commercial-? - C2-7" zone in place and instead of a " Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule 'A1 attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 2nd day of June, 2020 Michael LeMay Mayor Terry Uapierfe Chief Administrative Officer/Clerk This is Schedule 'A' to By-law 2020-39 of the Corporation of the City of Pembroke passed this 2nd day of June, 2020. Mayor /-c✓1 ,,__,, ~r-S·.o_ - Chifuf AclmimstraUve Officer/Clerk Subject Property to be Rezoned from a "Highway Commercial - C2" Zone to a "Highway Commercial-? - C2-7" Zone The Corporation of the City of Pembroke By-law Number 2020-60 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the lands municipally known as 1036 Pembroke Street East and more particularly described as Concession 2, Part of Lot 24; City of Pembroke from a "Residential Type 2-25 - R2-25" zone to a "Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to The Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted Ttiis 11 th day of August, 2020 ~ I Michael LeM~V Mayor Terry Lapierre Chief Administrative Officer/Clerk This is Schedule 'A' to By-law 2020-60 of the Corporation of the City of Pembroke passed this 11th day of August, 2020. Chie Subject Property to be Rezoned from a "Residential Type 2-25 - R2-25" Zone to a "Highway Commercial - C2" Zone Mayor The Corporation of the City of Pembroke By-law Number 2020-63 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws, And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from .time to time 1 been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (9) Highway Commercial-9 - C2-9 (9) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-9 Zone, municipally known as 1050 Pembroke Street West and more particularly described as Plan 175, Part Lot 27; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - Highway Commercial - C2" uses shall be limited to the following: Animal Day Care Establishment, Animal Hospital, Broadcasting Studio, Craft Brewery, Craft Distillery, Custom Workshop, Dwelling Units above and below ground floor non-residential uses, Eating Establishment, Eating Establishment - Take-out, Educational Facility, Financial Institution, Food Vehicle, Health Club, Laundromat, Medical Clinic, Mixed Use Building, Office, Payday Loan Establishment, Personal Services Establishment, Pet Grooming Establishment, Place of Assembly, Place of Entertainment, Place of Worship, Retail Store, Retail Store, Large Format or Taxi Depot. ii) Zone Provisions: Setbacks shall be in accordance with Section 10.2 for a non-residential use. The minimum lot frontage shall be 35.2 feet. The lot area shall be 3,545.6 square feet. The exterior side yard width shall be 12.24 feet. The interior side yard width shall be 4.55 feet. The front yard depth shall be 9.41 feet. The buffer strip along the eastern property line shall be 4.55 feet and the buffer strip along the southern property Hne shall be 8.0 feet. iii) Parking: Five parking spaces shall be permitted for this property. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 175, Part Lot 27; City of Pembroke as "Highway Commercial-9- C2-9'' zone in place and instead of a "Highway Commercial-14 - C2-14'' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. 4. That By-law 96-27 is hereby repealed in its entirety. Passed and Enacted This 1st day of September, 2020 Michael LeMay V Mayor Terryl pier~'" Chief Administrative Officer/Clerk ) This is Schedule 'A' to By-law 2020-63 of the Corporation of the City of Pembroke passed this 1st day of September, 2020. Mayor C 1ef Adminitrative Officer/Clerk Subject Property to be Rezoned from a "Highway Commercial-14 - C2-14" Zone to a "Highway Commercial-9 - C2-9" Zone The Corporation of the City of Pembroke By-law Number 2020-73 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (20) Residential Type 3-20 - R3-20 (20) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-20 Zone, municipally known as 382 Third Avenue and more particularly described as Plan 191, Lot 42, Plan 185, Part Lot 141; Plan 185, Part Gordon Street; 49R-6637, Parts 1 and 2; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 7.1 - "Residential Type 3 - R3" permitted uses shall be limited to a single detached dwelling house, a duplex dwelling house, a semi-detached dwelling house, a converted dwelling house containing up to three (3) dwelling units, triplex dwelling house or a group home. ii) Zone provisions: Section 7.2 - Interior Side Yard (south side) shall be 1.5 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 191, Lot 42, Plan 185, Past Lot 141, Plan 185, Part Gordon Street; 49R-6337, Parts 1 and 2; City of Pembroke as "Residential Type 3-20 - R3-20" zone in place and instead of a ''Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 6th day of October, 2020 Michael LeMay V Mayor ---- Terry La ierre Chief Administrative Officer/Clerk This is Schedule 'A' to By-law 2020-73 of the Corporation of the City of Pembroke passed this 61h day of October, 2020. ~ / yMayor Chie Administrative Officer/Clerk Subject Property to be Rezoned from a "Residential Type 2 - R2" Zone to a "Residential Type 3-20 - R3-20" Zone The Corporation of the City of Pembroke By-law Number 2020-76 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 ( 19) Residential Type 3-19-R3-19 (19) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-19 Zone, municipally known as 467 Pembroke Street West and more particularly described as Plan 9, Part Lot 39; City of Pembroke may be developed in accordance with the following provisions: (i) Permitted Uses: Section 7.1 - "Residential Type 3 - R3" uses shall be limited to a maximum of four (4) dwelling units. (ii) Zone Provisions: Setbacks shall be in accordance with Section 7.2 for a quadruplex containing four residential dwelling units. The setbacks for the property shall be as follows: Existing Front Yard Depth 11 .67 ft. Interior Side Yard 2 ft. Lot Area 7,590 sq. ft. Lot Frontage 66 ft. Landscaped Open Space 21 % 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 9, Part Lot 39; City of Pembroke as "Residential Type 3-19 - R3-19" zone in place and instead of a "Residential Type 2-33 - R2-33" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. 4. That By-law 2018-59 is hereby repealed in its entirety. Passed and Enacted This 1st day of December, 2020 ~ ( Michael LeMay V Mayor -- ./) i ,;s, T~ 1r~ ~ apier;e ;,.: ,e ~ <tA ' Chief Administrative Officer/Clerk " I This is Schedule 'A' to By-law 2020-76 of the Corporation of the City of Pembroke passed this 1st day of December, 2020. V Mayor - Chie Adm'inistrAfive Officer/Clerk Subject Property to be Rezoned from a "Residential Type 2-33 - R2-33" Zone to a "Residential Type 3-19 - R3-19" Zone I ~ The Corporation of the City of Pembroke By-law Number 2021-03 A by~aw to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R. S. 0., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 11.4 thereof the following: Section 11.4 (10) Central Commercial-10 - C3-10 (10) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-10 Zone, municipally known as 155- 169 Pembroke Street West and more particularly described as Plan 2. Block G, Part Lots 21 and 23; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 11.1 - "Central Commercial - C3" uses shall be permitted as well as a student residence with a maximum of 18 beds on the second floor only. ii) Zone Provisions: Setbacks shall be in accordance with Section 11 .2 with relief being granted to allow a reduced front yard depth of 0.0 feet and a reduced rear yard depth of 0.0 feet. iii) Parking: No parking is provided for this property. 2. The four properties that make up this Zoning By-law amendment shall be consolidated into one ownership. 3. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 2, Block G, Part Lots 21 and 23; City of Pembroke as "Central Commercial-1 0 - CC-1 O" zone in place and instead of a "Central Commercial - C3" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 5th day of January, 2021 Michael LeMay Mayor V /~~ Terry ~apierre Chief Administrative Officer/Clerk This is Schedule 'A' to By-law 2021-03 of the Corporation of the City of Pembroke passed this 5th day of January, 2021 . ~/ Mayor )f 1 Officer/Clerk Subject Property to be Rezoned from a "Central Commercial - C3" Zone to a "Central Commercial-10 - C3-10" Zone The Corporation of the City of Pembroke By-law Number 2021-17 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the s~id By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4 (25) Residential Type 2-25 - R2-25 (25) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-25 Zone, municipally known as 345- 359 Nelson Street and more particularly described as Plan 13, Part Lots 19-22, as in R224478 (Secondly); City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Residential Type 2 - R2" uses sllall be permitted. ii) Zone Provisions: Setbacks shall be in accordance with Section 6.2 for a semi-detached dwelling house where both dwellings units occupy the same lot or for a semi-detached dwelling where one dwelling unit occupies a lot and driveway widths shall be in accordance with Section 3.29(11 )(a) for driveway widths with relief being granted as follows: Unit 1 (345 Nelson Street) - Lot Area - 500 square metres for Units 1 and 2 or 272 square metres for Unit 1 - Lot Depth - 21.77 metres - Rear Yard Depth - 4.15 metres Unit 2 (347 Nelson Street) - Lot Area - 500 square metres for Units 1 and 2 or 229 square metres for Unit 2 - Lot Depth - 21 . 77 metres - Rear Yard Depth -4.92 metres - Lot Frontage - 21.96 metres for Units 1 and 2 or 9.81 metres for Unit 2 - Driveway Width 31.1 % for Unit 2 Unit 3 (349 Nelson Street) - Lot Area - 483 square metres for Units 3 and 4 or 237 square metres for Unit 3 - Lot Depth - 23.77 metres - Rear Yard Depth - 5.89 metres - Lot Frontage- 19.62 metres for Units 3 and 4 or 9.81 metres for Unit 3 - Driveway Widths 31 .1 % for Units 3 and 4 Page 1 of 3 Unit 4 (351 Nelson Street) - Lot Area - 483 square metres for Units 3 and 4 or 246 square metres for Unit4 - Lot Depth - 23.77 metres - Rear Yard Depth - 6.66 metres - Lot Frontage-19.62 metres for Units 3 and 4 or 9.81 metres for Unit 4 - Driveway Widths 31.1% for Units 3 and 4 Unit 5 (353 Nelson Street) - Lot Area - 478 square metres for Units 5 and 6 or 235 square metres for Unit 5 - Lot Depth - 25.55 metres - Rear Yard Depth - 5.45 metres - Lot Frontage - 18 metres for Units 5 and 6 or 9 metres for Unit 5 - Driveway Width 33.9% for Units 5 and 6 Unit 6 (355 Nelson Street) - Lot Area - 478 square metres for Units 5 and 6 or 243 square metres for Unit 6 - Lot Depth - 25.55 metres - Rear Yard Depth - 6.12 metres - Lot Frontage - 18 metres for Units 5 and 6 or 9 metres for Unit 6 - Driveway Width 33.9% for Units 5 and 6 Unit 7 (357 Nelson Street) - Lot Area - 585 square metres for Units 7 and 8 or 250 square metres for Unit 7 - Lot Depth - 27 .54 metres - Rear Yard Depth - 7.42 metres - Lot Frontage - 20.43 metres for Units 7 and 8 or 9 metres for Unit 7 - Driveway Width 33.9 % for Unit 7 Unit 8 (359 Nelson Street) - Lot Depth - 27 .54 metres iii) No development shall occur on the property within 3 metres of the crest of the slope. Development shall not be permitted or constructed at a minimum horizontal distance of 3 metres from the crest of the slope. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 131 Part Lots 19-22, as in R224478 (Secondly); City of Pembroke as "Residential Type 2-25 - R2-25'' zone in place and instead of a "Residential Type 2 - R2" zone. The property which is rezoned Is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. ~ this 2nd day of March, 2021 Michael LeMay Mayor ~r=~- Terry Lapierre Chief Administrative Officer/Clerk Page 2 of 3 This is Schedule 'A' to By-law 2021-17 of the Corporation of the City of Pembroke passed this 2nd day of March, 2021. Mayor Je vzi~v~ Chief Administrative Officer/Clerk Subject Property to be Rezoned from a "Residential Type 2 - R2" Zone to a "Residential Type 2-25 - R2-25" Zone - - - - - - - -- Page 3 of 3 The Corporation of the City of Pembroke By-law Number 2021-18 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of th.e City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (14) Highway Commercial-14 - C2-14 (14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-14 Zone, municipally known as 1116 Pembroke Street West and more particularly described as Concession 1, Part Lot 19; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - "Highway Commercial - C2" uses shall be permitted. ii) Zone Provisions: Setbacks shall be in accordance with Section 10.2 with relief being granted to allow a reduced interior side yard width of 15 feet and a reduced rear yard depth of 15 feet. iii) Relief shall be granted from Section 10.3(4) whereby the food vehicle setback to a residential zone shall not be required for this property. iv) Relief shall be granted from Section 3.29(7)(b) to permit aisles between and/or providing access to parking spaces to have a minimum of 18 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 1, Part of Lot 19; City of Pembroke as ''Highway Commercial-14 - C2-141' zone in place and instead of a "Highway Commercial-34 - C2-34'' zone. The ''C2-34" zone for 1116 Pembroke Street West shall be removed from Zoning By-law 2020-05. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Page 1 of 3 Passed and Enacted this 2nd day of March, 2021 Michael LeMay Mayor /v-.-----1 - t1~'-"- Terry Lapierre Chief Administrative Officer/Clerk Page 2 of 3 Mayor This is Schedule 'A' to By-law 2021-18 of the Corporation of the City of Pembroke passed this 2nd day of March, 2021 . ---✓) / c,L,Z.....1 {'v:.t-f-'-'--'°{_ ¼:._ Chief dministrative Officer/Clerk Subject Property to be Rezoned from a "Highway Commercial-34 - C2-34" Zone to a "Highway Commercial-14 - C2-14" Zone Page 3 of 3 The Corporation of the City of Pembroke By-law Number 2021-35 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 11.4 (13) Central Commercial-13 - C3-13 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "C3-13" Zone, municipally known as 214 Church Street and more particularly described as Plan 2, Block H, Part Lots 16 and 30, Pembroke, Part 2, 49R-16834; TM/ R360655; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 11.1 - "Central Commercial - C3" uses shall permit all "C3" uses along with an apartment building containing a maximum of four (4) dwelling units and two (2) of those four (4) dwelling units may be located on the main floor. ii) Zone Provisions: Setbacks shall be in accordance with Section 11.2 for a non-residential use. The reduced setbacks for 214 Church Street shall be as follows: - Lot Area shall be 3,743 square feet; and - Front Yard Setback shall be 2 feet; and - Rear Yard Setback shall be 2 feet; and - Dwelling Unit Area for one (1) of the Two Bedroom Apartments shall be 605 square feet; and - Garbage enclosure to be provided on property. Size, location and timing to be illustrated on site plan provided by owner and approved by the City of Pembroke. iii) Parking Provisions: Four (4) parking spaces shall be provided for 214 Church Street. 2, That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 2, Block H, Part Lots 16 and 30, Pembroke, Part 2, 49R-16834; TNV R360655; City of Pembroke as "Central Commercial-13 - C3-13" zone in place and instead of a "Central Commercial - C3'' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Local Planning Appeal Tribunal (LPAT) for approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 1st day of June, 2021 Michael LeMay Mayor ~k~ Heidi Martin Clerk Chief Administrative Officer/Clerk This is Schedule 'A' to By-law 2021-17 of the Corporation of the City of Pembroke passed this 2nd day of March, 2021. Mayor ~~ini~ ieer/Clerk Subject Property to be Rezoned from a "Central Commercial - C3" Zone to a "Central Commerical-13 - C3-13" Zone \ \ \ \ "' \ \ \ @. \ The Corporation of the City of Pembroke By-law Number 2021-40 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character. location and use of buildings and the said By-law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 14.4 thereof the following: Section 14.4 (3) General lndustrial-3 - M1-3 (3) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-3 Zone, municipally known as 955 Mackay Street and more particularly described as Concession 1, Part of Gore Lot A, Parts 1 and 2 on 49R-14056; subject to an easement in favour of the Corporation of the City of Pembroke as in L T97 4 and subject to an easement in favour of Bell Canada over Part 1 on 49R- 11030 as in R352846 and being all lands in PIN #57620-0027 and PIN #57620-0026 (LT), City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 14.1 - "General Industrial - M1» uses shall permit all "M1" uses along with a recycling depot or transfer station as defined under Section 2 of Zoning By-law 2020-05. ii) Zone Provisions: Section 14.3.1 - Additional Provisions for Open Storage in a "M1" zone shall be in accordance with Section 14.3 1 with relief being granted as follows: - Open Storage shall be permitted in the interior side yard (southeast interior side yard abutting 965 Mackay Street and 978 Cecelia Street); and - Open Storage shall be permitted to occupy 42% of the lot area. iii) 955 Mackay Street is granted relief from the following area of the Zoning By-law: - Section 3.34(e)(ii)(a) Special Separation Distances - Industrial Uses and Sensitive Land Uses - Class II Industrial Uses (Medium Industrial) (a) The influence area of a Class II Industrial Use at 955 Mackay Street shall be a minimum of 70 m (229.65 ft.) except for the vacant residential lands at the southeast corner of Cecelia Street and D'Youville Drive, the influence area shall be reduced to 20 m (65.6 ft.). 2. That Schedule 'A' to By-law 2010-57 of the Corporation of the City of Pembroke be amended to show the property described as Concession 1, By-law 2021-40 Part of Gore Lot A, Parts 1 and 2 on 49R-14056; subject to an easement in favour of the Corporation of the City of Pembroke as in L T97 4 and subject to an easement in favour of Bell Canada over Part 1 on 49R- 11030 as in R352846 and being all lands in PIN #57620-0027 and PIN #57620-0026 (LT), City of Pembroke in a "General lndustrial-3 - M1-3" zone in place and instead of a "General Industrial - M1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and Enacted This 13th day of July 2021 Michael LeMay Mayor ~1~· ~- Heidi Martin Clerk Page 2 of 3 By-law 2021-40 This is Schedule 'A' to By-law 2021-40 of the Corporation of the City of Pembroke passed this 13th day of July 2021 . Mayor ~kicLLlc"' clerk\~ Subject Property to be Rezoned from a "General Industrial - M1" Zone to a "General lndustrial-3 - M1-3" Zone Page 3 of 3 The Corporation of the City of Pembroke By-law Number 2021-41 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (2) Residential Type 4-2 - R4-2 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R4-2" Zone, municipally known as 358 Pembroke Street East and more particularly described as Plan 18, Lot 90, Part Lot 105; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 - "Residential Type 4 - R4" uses shall permit an apartment building containing a maximum of ten (1 O) dwelling units. ii) Zone Provisions: Setbacks shall be in accordance with Section 8.2 for an apartment dwelling house. The reduced setbacks for 358 Pembroke Street East shall be as follows: - Lot Frontage shall be 66.3 feet; - Exterior Side Yard Setback shall be 0.59 feet; - Dwelling Unit Area for six (6) of the One Bedroom Apartments shall be permitted at a dwelling unit area between 431 square feet and 499 square feet. The remaining four (4) One Bedroom Apartment units shall be over 500 square feet; - Privacy Yards and Buffer Strips shall not be required for this property. iii) Parking Provisions: Fourteen (14) parking spaces shall be provided for 358 Pembroke Street East. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 18, Lot 90, Part Lot 105; City of Pembroke as "Residential Type 4-2 - R4-2" zone in place and instead of a "Residential Type 2-1 - R2-1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and By-law 2021-41 take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. 4. That By-law 90-40 which rezoned 358 Pembroke Street East to a "Residential Type 2-1 - R2-1" zone be repealed in its entirety. Passed and Enacted This 13th day of July 2021 Michael LeMay ~ Heidi Martin Clerk By-law 2021-41 This is Schedule 'A' to By-law 2021--41 of the Corporation of the City of Pembroke passed this 13th day of uly 2021. Mayor Clerk Subject Property to be Rezoned from a "Residential Type 2-1 - R2-1" Zone to a "Residential Type 4-2 R4-2" Zone The Corporation of the City of Pembroke By-law Number 2021-53 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule rs- to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show a portion of the lands (24 feet by 97.42 feet) municipally known as 283 Supple Street and more particularly described as Plan 37, Lot 28 and Part of Lot 29; City of Pembroke from a "Residential Type 2 - R2" zone to a "Highway Commercial - C2" zone .. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and Enacted this 5th day of October, 2021 Michael LeMay Mayor ~~cN~ Heidi Martin Clerk Page 1 of 2 This is Schedule 'A' to By-law 2021-53 of the Corporation of the City of Pembroke passed this 5th day of October, 2021. Mayor ~~4h- Clerk Subject Property to be Rezoned from a "Residential Type 2 - R2" Zone to a "Highway Commercial - C2" Zone: Page 2 of 2 The Corporation of the City of Pembroke By-law Number 2021-64 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the -City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (24) Residential Type 3-24 - R3-24 (24) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-24 Zone, municipally known as 901 River Road and more particularly described as Plan 91 , Part Block 0, Parts 2, 4 an d5 on 49R-15508; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 7 .1 - "Residential Type 3 - R3" uses shall permit all "R3'' uses including a four (4) unit row dwelling house with two (2) secondary dwelling units in each end of the row dwelling house for a total of six (6) dwelling units. ii) Zone Provisions: Section 7.2.3(k) Group Setback - shall not be required for this property. iii) Frontage on a Public Street: Section 3.12(1) -there will be only one access to a public street for this property. Therefore, the row dwelling units cannot be severed for individual ownership. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 91 , Part Block 0, Parts 2, 4 and 5 on 49R-15508; City of Pembroke as "Residential Type 3-24 - R3-24" zone in place and instead of a "Highway Commercial-2 - C2-2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OLT, as evidenced by the issuance of its formal order in that respect. 4. That By-law 2005-50 which rezoned 901 River Road to a "Highway Commercial-2 - C2-2" zone be repealed in its entirety. Passed and enacted this 2nd day of November, 2021. Michael LeMay Mayor '\L,~' \. !: l ~ ~ : ~ Heidi Martin · Clerk This is Schedule 'A' to By-law 2021-64 of the Corporation of the City of Pembroke, passed this 2nd day of November, 2021 . ~ Mayor ~\i~~ Clerk - Subject Property to be Rezoned from a "Highway Commercial-2 - C2-2" zone to a "Residential Type 3-24 - R3-24" zone: ' I ~ if, ...... , ',o & l'Oii 1 ·s s The Corporation of the City of Pembroke By-law Number 2021-65 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the lands municipally known as 474 Boundary Road and more particularly described as Concession 1, Part Lot 30; City of Pembroke from a "Residential Type 2 - R2" zone to a "Residential Type 3 - R3" zone to permit a converted dwelling house containing three dwelling units. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. As a condition of this Zoning By-law Amendment for 474 Boundary Road, a building permit is required to ensure the three dwelling units meet the requirements of the Ontario Building Code. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and Enacted this 2nd day of November, 2021 Michael LeMay Mayor ~v\c\~ \, 1\ Heidi Marti~ Clerk This is Schedule 'A' to By-law 2021-65 of the Corporation of the City of Pembroke passed this 2nd day of November, 2021. ~ Mayor ~~<¼~ Clerk Subject Property to be Rezoned from a "Residential Type 2 - R2" zone to a "Residential Type 3 - R3" zone: The Corporation of the City of Pembroke By-law Number 2022-05 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law. Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (12) Residential Type 4-12 - R4-12 and Residential Type 4- 12-flood plain - R4-12-ff (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R4-12" and ""R4-12-ff" Zone, municipally known as 1127 Pembroke Street West and more particularly described as Concession 1, Part Lot 19, Plan 194, Part Lot 24, Part King Street, Reference Plan 49R-5914, Parts 2 and 3 and Part of Part 1; City of Pembroke may be developed in accordance with the following provisions: i) Penmitted uses: Section 8.1 - "Residential Type 4 - R4" uses shall penmit an apartment building containing a maximum of sixty-five (65) dwelling units only. ii) Zone Provisions: Setbacks shall be in accordance with Section 8.2 for an apartment dwelling house. The reduced dwelling unit area for 1127 Pembroke Street West shall be as follows: - Reduced Dwelling Unit Area for the One Bedroom Apartments shall be penmitted at a dwelling unit area between 414 square feet and 594 square feet. The remaining One Bedroom Apartment units shall be over 600 square feet; and - Reduced Dwelling Unit Area for the Bachelor Apartments shall be penmitted at a dwelling unit area between 240 square feet and 389 square feet. The remaining Bachelor Apartments units shall be over 400 square feet. iii) Parking Provisions: One (1) parking space per dwelling unit for a total of sixty-five (65) parking spaces shall be provided for 1127 Pembroke Street West. iv) Any area below the 1:100 Floodway elevation of 112.9m GSC datum shall remain zoned "Flood Plain - FP". 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 1, Part Lot 19, Plan 194, Part Lot 24, Part King Street, Reference Plan 49R- 5914, Parts 2 and 3 and Part of Part 1; City of Pembroke; as "Residential 3. Type 4-12 - R4-12" zone and a "Residential Type 4-12-fiood fringe - R4- 12-ff' zone in place and instead of an "lnsrnutional- I" and "Institutional- flood fringe - I-ff' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 4th day of January 2022 Michael LeMay Mayor , \ :~\ei\1 ~ '· Heidi Martin Clerk ii I I This is Schedule 'A' to By-law 2022-05 of the Corporation of the City of Pembroke passed this 4th day of January 2022. Clerk Subject Property to be rezoned from an "Institutional - I" and "Institutional-flood fringe- I-ff' and "Flood Plain - FP" zone to a "Residential Type 4-12 R4-12" and "Residential Type -4-12-flood fringe- R4-12-ff' and "Flood Plain - FP" zone: The Corporation of the City of Pembroke By-law Number 2022-18 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 14.4 thereof the following: Section 14.4 (4) General lndustrial-4- M1-4 (4) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-4 Zone, municipally known as 2 Bennett Street & 10 Bennett Street and more particularly described as Concession 1, Part of Lot 13 (2 Bennett Street) and Concession 1, Part of Lot 13, Parts 1 to 5 on Reference Plan 49R-10557 (10 Bennett Street; City of Pembroke, may be developed in accordance with the following provisions: i) Permitted uses: Section 14.1 - "General Industrial - M1" uses shall permit all "M1" uses along with a salvage yard, recycling depot and/or transfer station as defined under Section 2 of Zoning By-law 2020-05. ii) Zone Provisions: Section 14.3.1 - Additional Provisions for Open Storage in a "M1" zone shall be in accordance with Section 14.3.1 with relief being granted as follows: - Open Storage shall be permitted along the northern interior side yard of 2 Bennett Street and shall be setback 6.1 metres (20 feet) front the interior side lot line; - Open storage shall be permitted to be located in the front yard of 2 Bennett Street but will be located behind a 2.4 m (8 ft.) screened chainlink fence; and - Open Storage shall be permitted to occupy 7,978 square metres (85,874.48 square feet) of the lot area. iii) 2 Bennett Street & 10 Bennett Street are granted relief from the following areas of the Zoning By-law: - Section 3.29(11) Parking Area Location on Lot- Parking shall be permitted in the front yard of 10 Bennett Street; and - Section 3.34(2)(b)(iii) Special Separation Distances - Industrial Uses and Sensitive Land Uses - Class II Industrial Uses (Medium Industrial) - The influence area of a Class II Industrial Use at 2 and 10 Bennett Street shall be a minimum of 70 m (229.65 ft.) except for the residentially zoned lands at 9 Bennett Street, the influence area shall be reduced to 20 m (65.6 ft.). 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 1, Part of Lot 13 (2 Bennett Street) and Concession 1, Part of Lot 13, Parts 1 to 5 on Reference Plan 49R-10557 (10 Bennett Street); City of Pembroke in a "General lndustrial-4 - M1-4" zone in place and instead of a "General Industrial - M1" zone and a "General Industrial-slope stability - M1-s" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 15th day of February, 2022. Michael LeMay Mayor h~'" ~~in i>e;,ci-7-CfuK This is Schedule 'A' to By-law 2022-18 of the Corporation of the City of Pembroke, passed this 5th day of February, 2022. Mayor Subject Property to be Rezoned from a "General Industrial - M1" Zone and a "General Industrial-slope stability- M1-s" Zone to a "General lndustrial-4- M1- 4" Zone: .. ![ 1, The Corporation of the City of Pembroke By-law Number 2022-23 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law. Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (13) Residential Type 4-13 - R4-13 (13) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R4-13", municipally known as O Julien Street and more particularly described as Block B, Plan 250 except Part 1, 49R-7550, Part 1, 49R-10208; City of Pembroke and Part Griffith Street, Plan 246 lying East of Julien Street; Griffith Street, Plan 250; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 - "Residential Type 4 - R4" uses shall permit cluster housing containing a maximum of one hundred (100) dwelling units. ii) Zone Provisions: Setbacks shall be in accordance with Section 8.2 for an apartment dwelling house. The reduced setbacks for 0 Julien Street shall be as follows: - Reduced Lot Frontage of 65.6 feet. - Reduced Rear Yard Depth of 20 feet; - Privacy Yards will not be required; and - Maximum Building Height fqr all buildings on property shall not exceed 35 feet. Further the provisions applicable to each type of dwelling (other than an apartment building based on relief granted above) shall apply to that dwelling in the Cluster Housing. iii) 0 Julien Street is granted relief from the following areas of the Zoning By-law: Section 3.34(2)(b)(iii) Special Separation Distances - Industrial Uses and Sensitive Land Uses - Class 11 Industrial Uses (Medium Industrial) The influence area of a Class 11 Industrial Use at 327 Julien Street shall be a minimum of20 m (65.6 ft.) to the proposed new buildings from O Julien Street. iv) The recommendations of the Noise Impact Study done by Cambium Inc. Consultants dated October 2021 must be upheld. v) A registered Right-of-way must be provided to allow the owners of 325 Julien Street and 327 Julien Street access to their properties. I ,I 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Block B, Plan 250 except Part 1, 49R-7550, Part 1, 49R-10208; City of Pembroke and Part Griffith Street, Plan 246 lying East of Julien Street; Griffith Street, Plan 250; City of Pembroke; as "Residential Type 4-13 - R4-13" zone in place and instead of a "General Industrial-holding - M1-h" zone and a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted t is 1st day of March 2022 Michael LeMay Mayor ~\0&~- Heidi Martin - Clerk This is Schedule 'A' to By-law 2022-23 of the Corporation of the City of Pembroke passed this 1 day of March 2022. Mayor Subject Property to be rezoned from a "General Industrial-holding - M1-h" zone and a "Residential Type 2 - R2" zone to a "Residential Type 4-13 - R4-13" zone. - Ri: ~';;' 'IZ ,,,,_· it'--·-- .t: ; /''~ -_, ·>' 3 - ... ~~- ··- "·-;.:ei.~ r,;, .. ~} . ;°"' , .. _. M1-s ~~~~-:-{~-/<:· f}: <,. I The Corporation of the City of Pembroke By-law Number 2022-24 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (31) Residential Type 3-31 - R3-31 (24) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-31 Zone, municipally known as 901 River Road and more particularly described as Plan 91, Part Block 0, Parts 2, 4 and 5 on 49R-15508; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 7.1 - "Residential Type 3 - R3" uses shall pennit all "R3" uses including a four (4) unit row dwelling house with four (4) secondary dwelling units in each end of the row dwelling house for a total of eight (8) dwelling units. ii) Zone Provisions: Section 7.2.3(k) Group Setback - shall not be required for this property. iii) Frontage on a Public Street: Section 3.12(1) - there will be only one access to a public street for this property. Therefore, the row dwelling units cannot be severed for individual ownership. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 91, Part Block 0, Parts 2, 4 and 5 on 49R-15508; City of Pembroke as "Residential Type 3-31 - R3-31" zone in place and instead of a "Residential Type 3-24 - R3-24" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its fonnal order in that respect. 4. That By-law 2021-64 which rezoned 901 River Road to a "Residential Type 3-24 - R3-24" zone be repealed in its entirety. Passed and enacted t - ·1st day of March, 2022. Michael LeMay Mayor \,\.1.,11\_ ~U()..,(~ Heidi Martin - Clerk ·1 ! ' ii .. ,, H I " ii - ii ii ,, II " This is Schedule 'A' to By-law 2022- 24 of the Corporation of the City of Pembroke, passed thi 1st day of March, 2022. Mayor \)J\µ~14h-·· Clerk .. Subject Property to be Rezoned from a "Residential Type 3-24 - R3-24" zone to a "Residential Type 31 -R3-31" zone The Corporation of the City of Pembroke By-law Number 2022-33 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law. Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (15) Residential Type 4-15 -R4-15 (15) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R4-15'', municipally known as 0 Matheson Drive and more particularly described as Part Lot 24, Concession 2 fronting Allumette Lake, Pembroke, as in R262459 (secondly) except PL580, PL590, 49M3 and Parts 6 to 12, 49R-17150; subject to an easement in gross over Parts 2, 4 and 5, 49R-136687; City of Pembroke and Block 23, Plan 590, except Parts 6 and 9, 49R-17150; subject to an easement in gross over Parts 1 and 3, 49R-17150 as in RE 136687; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 - "Residential Type 4 - R4" uses shall permit cluster housing containing a maximum of twenty-two (22) rowhouse dwelling units. ii) Zone Provisions: Setbacks shall be in accordance with Section 7.2.3 for a row dwelling. The reduced cluster housing setbacks for O Matheson Drive shall be as follows: - Reduced Lot Frontage of 19.7 metres (64.6 feet); - Group Setback provision shall not be required for Building #1 ; and - Maximum Number of Dwelling units in a Rowhouse building shall be not more than 10 dwelling units. Further the provisions applicable to each type of dwelling (other than a rowhouse building based on relief granted above) shall apply to that dwelling in the Cluster Housing. iii) A stormwater easement must form part of the Site Plan Agreement and be registered on title. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Part Lot 24, Concession 2 fronting Allumette Lake, Pembroke, as in R262459 (secondly) except PL580, PL590, 49M3 and Parts 6 to 12, 49R-17150; subject to an easement in gross over Parts 2, 4 and 5, 49R-136687; City of Pembroke and Block 23, Plan 590, except Parts 6 and 9, 49R-17150; subject to an easement in gross over Parts 1 and 3 49R-17150 as in RE136687; City of Pembroke; as "Residential Type 4-15- R4-15" zone in place and instead of a "Residential Type 3 - R3" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 19th day of April, 2022 Michael LeMay Mayor This is Schedule 'A' to By-law 2022-33 of the Corporation of the City of Pembroke passed this 19th day of April, 2022. ~ Mayor Subject Property to be rezoned from a "Residential Type 3 - R3''. zone to a "Residential Type 4-15 - R4-15" zone. The Corporation of the City of Pembroke By-law Number 2022-36 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the characte~. location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1-. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (22) Residential Type 4-22 - R4-22 (22) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-22 Zone, municipally known as 169 William Street and more particularly described as Part of Lots 1 and 2, Block J, Plan 10, Part Sussex Street, Plan 10 (Closed by R98844); Part Lots 5 and 6, Block E, Plan 10 designated as parts 1, 2 and 3, Plan 49R- 18684; subject to an easement over Part 2 on Plan 49R-18684 as in RE204214; City of Pembroke may be developed in accordance with the following provisions: i) Zone Provisions shall be permitted as follows: Section 8.2(d) Rear Yard Depth shall be 0.00 feet; Section 8.2(f) Interior Side Yard Setback (North Side) shall be 1.0 foot; Section 8.2(g) Landscaped Open Space shall be 30%; and Section 8.2(k) Privacy Yards shall be setback 17 feet between driveway and exterior wall of apartment building. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Part of Lots 1 and 2, Block J, Plan 10, Part Sussex Street, Plan 10 (Closed by R98844); Part Lots 5 and 6, Block E, Plan 10 designated as parts 1, 2 and 3, Plan 49R-18684; subject to an easement over Part 2 on Plan 49R-18684 as in RE204214; City of Pembroke as "Residential Type 4-22 - R4-22" zone in place and instead of a "Central Commercial-36 - C3-36" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. 4. That By-law 2017-25 which rezoned 169 William Street to a "Central Commercial-36 - C3-36" zone be repealed in its entirety. Passed and enacted this 3rd day of May, 2022. -Michael LeMay Mayor ~ udv\ N.~ 11 __ , ~ - Heidi Martin Clerk This is Schedule 'A' to By-law 2022-36 of the Corporation of the City of Pembroke, passed this 3rd day of May, 2022. M~~l/.L- Clerk . ~ Subject Property to be Rezoned from a "Central Commercial-36 - C3-36" zone to a "Residential Type 4-22 - R4-22" zone The Corporation of the City of Pembroke By-law Number 2022-38 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of Jands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore. the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (2) Highway Commercial-2 - C2-2 (2) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-2 Zone, municipally known as 491 and 499 Pembroke Street West and more particularly described as Lots 43 and 44, Plan 9; City of Pembroke may be developed in accordance with the following provisions: i) Zone Provisions: Section 10.2(f) Interior Side Yard Setback shall be 0.00 feet. ii) Parking Regulations: Section 3.29.8 Landscaping Requirements - Buffer Strip along eastern interior property line shall have a width of 6.56 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Lots 43 and 44, Plan 9; City of Pembroke as "Highway Commercial-2 - C2-2" zone in place and instead of a "Residential Type 2 - R2" zone and a "Local Commercial - C1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 3rd day of May, 2022. Michael LeMay Mayor ~i&, \ \~ - Heidi Ma~ Clerk This is Schedule 'A' to By-law 2022-38 of the Corporation of the City of Pembroke, passed this 3rd day of May, 2022. Mayor \ ~ct \_l}~ Clerk ~ Subject Property to be Rezoned from a "Residential Type 2 - R2" zone and a "Local Commercial - C1" zone to a "Highway Commercial-2 - C2-2" zone R3 The Corporation of the City of Pembroke By-law Number 2022-45 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-l~w has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law. Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4 (1) Residential Type 2-1 - R2-1 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R2-1" Zone, municipally known as 306 Willard Street and more particularly described as Plan 179, North Part of Lot 263 and North Part of Lot 264; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Residential Type 2 - R2" uses shall permit a converted dwelling house containing a maximum of two (2) dwelling ·units. ii) Zone Provisions: Setbacks shall be in accordance with Section 6.2 for a converted dwelling house containing a maximum of two dwelling units. The relief required for 306 Willard Street shall be as follows: - Minimum Lot Depth - 73 feet; - Minimum Rear Yard Setback - 3.5 feet; - Minimum Interior Side Yard Setback (east side) - 3.5 feet; and - Minimum Landscaped Open Space - 9%. iii) Parking Regulations: Parking Area Location on a Lot as per Section 3.29(11) relief of this section shall be granted for this property to allow a driveway width of 59 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 179, North Part of Lot 263 and North Part of Lot 264; City of Pembroke; as "Residential Type 2-1 - R2-1" zone in place and instead of a "Local Commercial - C1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 7th day of June 2022 Michael LeMay Mayor .. . I \ - illtµ~~ Heidi Martin Clerk \ This is Schedule 'A' to By-law 2022-45 of the Corporation of the City of Pembroke passed this 7th day of June 2022. Mayor ~~~~ Clerk - Subject Property to be rezoned from a "Local Commercial - C1" zone to a "Residential Type 2-1 - R2-1" zone: V The Corporation of the City of Pembroke By-law Number 2022-60 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-_laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the lands municipally known as 100 Albert Street and 50 Alexander Street. 50 Alexander Street is legally described as Part Water Lot XM, Pembroke, as in R112601 (Firstly); Water Lot CL5212, Pembroke; Part Land under the Ottawa River in front of Water Lot XM and in front of Lot 99 and Munroe Street, Plan 9, Pembroke, Parts 1-2, 49R-8988, except Parts 1 and 2, 49R-17411 and that part of Water Lot Cl5212, as in R311839, lying west of Part 2, 49R- 17 411; City of Pembroke and being part of lands in PIN #57139-0299 (LT). 100 Albert Street is legally described as Part Water Lot location CL3895 in Ottawa River in front of Lot 35, Front Con, opposite Lot 4, Block B, Lots 5, 7, 9 and 11, Block D, Albert and Prince Street, Plan 2 and opposite Lots 1, 2 and 3, Block F, Alexander Street, Plan 17, Pembroke, as in R98582, Part 1, 49R-6879; Part Water Lot GT32, Pembroke as in PMC29275, except 49R-2636; SIT reservations in PMC29275, R256311 , R98582; SIT R98948; City of Pembroke and being all of lands in PIN #57139-0246 (LT) from a "Central Commecial-21-flood fringe-holding - C3-22-ff-h" zone to an "Open Space-flood fringe - OS-ff' zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-Jaw shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. 3. That By-law 98-69 which rezoned 100 Albert Street and 50 Alexander Street to "Central Commercial-21-flood fringe-holding - C3-21-ff-h" zone be repealed in its entirety. Passed and Enacted this 9th day of August, 2022 Ron Gervais Deputy Mayor ~- Heidi Marti~ Cler~~ This is Schedule 'A' to By-law 2022-60 of the Corporation of the City of Pembroke passed this 9th day of August, 2022. Subject Property to be Rezoned from a "Central Commercial-21-flood fringe- holding - C3-21-ff-h" zone to an "Open Space-flood fringe - OS-ff'' zone: I :I: ' ~··: ··~ ' C3-1/4~ C3-21-ll~ h ' ~~✓y , - ' "', C3 OS ' ':~ '-. ~ ~ ~~ ~<'c:: "'- 4'<':)}.. R4-30 , '~~ ~ JC, R~ ""' R4 The Corporation of the City of Pembroke By-law Number 2022-64 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10 .4 thereof the following: Section 10.4 (21) Highway Commercial-21 - C2-21 (21) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-21 Zone, municipc\lly known as 482 Boundary Road and more particularly described as Concession 1, Part Lot 30, Part Road Allowance, Stafford; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 10.1 - Highway Commercial - C2" uses shall be permitted along with a dog kennel. ii) Definitions: For the purposes of this by-law, a dog kennel shall be defined as follows: As a building or structure where only dogs are boarded or trained, given medical treatment or housed for similar purposes for personal use or as a commercial service to the general public and shall include a shelter. A dog shelter shall be defined as providing care for dogs needing protection, attempt to find homes for homeless dogs, and reunite lost dogs with their owners. The number of dogs shall be limited to 20 dogs overnight. There will be no outdoor kennels. All dogs who will be staying overnight will be indoors from 9 pm to 6 am except for nature breaks. A staff member will remain on site during the overnight hours. A maximum of three dogs will be permitted outdoors at once during the overnight hours. No dog will be permitted to bark excessively outdoors during the overnight hours or during daytime hours and must not contravene the City's Noise By-law. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amehded to show the property described as Concession 1, Part of Lot 30, Part of Road Allowance, Stafford; City of Pembroke as "Highway Commercial-21 - C2-21" zone in place and instead of a "Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal or approval and shall come into force and take effect only upon the approval of LPAT, as evidenced by the issuance of its formal order in that respect. P_assed and enacted this 6th day of September, 2022 ~ Michael LeMay Mayor 10k~~ Heidi Martin 1 Clerk This is Schedule 'A' to By-law 2022-64 of the Corporation of the City of Pembroke passed this 6th day of September, 2022. Mayor ~\0~, I\._ Clerk \ Subject Property to be Rezoned from a "Highway Commercial - C2" Zone to a "Highway Commercial-21 - C2-21" Zone: The Corporation of the City of Pembroke By-law Number 2022-66 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, ·been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 10.4 thereof the following: Section 10.4 (16) Highway Commercial-16 -C2-16 ( 16) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C2-16 Zone, municipally known as 306 Julien Street and more particularly described as Plan 246, Part Lot 27, Concession 1, Part Lot 14; Reference Plan 49R-13191 , Parts 1 to 3; City of Pembroke may be developed in accordance with the following provisions: i) Zone Provisions: Section 10.2(g) Landscaped Open Space shall be 5%. ii) Parking Regulations: Section 3.29.7(d) Separation Distance between two Driveways - The minimum distance between the driveways on the property shall be 15 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 246, Part Lot 27, Concession 1, Part Lot 14; Reference Plan 49R-13191 , Parts 1 to 3; City of Pembroke as "Highway Commercial-16 - C2-16" zone in place and instead of a ''General Industrial - M1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided. for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 4th day of October, 2022. Michael LeMay Mayor -;;:;~~ tfe~ Martin Clerk This is Schedule 'A' to By-law 2022-66 of the Corporation of the City of Pembroke, passed this 4th day of October, 2022. ~ Mayor Subject Property to be Rezoned from a "General Industrial - M 1" zone to a "Highway Commercial-16 - C2-16" zone The Corporation of the City of Pembroke By-law Number 2022-68 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January 2020, pass By-law 2020-05 to provide for the use of lands and the character1 location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law. Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 5.4 (1) Residential Type 1-1 - R1-1 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the "R1-1" Zone, municipally known as 500 Catherine Street and more particularly described as PLAN 299 PT LOT 5; RP49R19417 PART 3 may be developed in accordance with the following provisions: i) Permitted uses: Section 5.1-"Residential Type 1-R1" uses shall also permit a semi-detached dwelling containing a maximum of two (2) dwelling units. No secondary dwelling units shall be permitted for this property in the "R1-1" zone. ii) Zone Provisions: Setbacks shall be in accordance with Section 6.2 (1) and (2) for a semi-detached dwelling containing a maximum of two dwelling units. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 299 PT LOT 5; RP49R19417 PART 3 as "Residential Type 1-1 - R1-1" zone in place and instead of a "Residential Type 1 - R 1 '' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 1 sth day of October, 2022 ~ Mayor ---:./) - 1~ T"~ a Heidi Martin Clerk This is Schedule 'A' to By-law 2022-68 of the Corporation of the City of Pembroke passed this 18th day of October, 2022. -4~ Clerk Subject Property to be rezoned from a "Residential Type 1 - R 1" zone to a "Residential Type 1-1 - R1-1" zone: The Corporation of the City of Pembroke By-law Number 2022-71 A by-law to amend By-raw 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (24) Residential Type 3-24 - R3-24 (24) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-24 Zone, municipally known as 0 Steel Street and more particularly described as Plan 185, Lots 151 to 155; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 7.1 - "Residential Type 3 - R3" uses shall permit all "R3" uses including two 4-unit row dwelling houses with secondary dwelling units. ii) Zone Provisions: Setbacks shall be in accordance with Section 7.2 for a row dwelling house. The relief required for O Steel Street shall be as follows: - Minimum Lot Depth - 91 feet; - Minimum Rear Yard Setback -20 feet; and - Section 7.2.3(k) Group Setback - shall not be required for this property. iii) Frontage on a Public Street: Section 3.12(1) - there will be only one access to a public street (Stuart Street) for this property. Therefore, the row dwelling units cannot be severed for individual ownership. 2. That Schedule 1A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 185, Lots 151 to 155; City of Pembroke as "Residential Type 3-24 - R3-24" zone in place and instead of a 'Hesidential Type 2-3 - R2-3" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 1st day of November, 2022. Michael LeMay Mayor ~~~* Heidi Martin Clerk This is Schedule 'A' to By-law 2022-71 of the Corporation of the City of Pembroke, passed this 1st day of November, 2022. Mayor A / ~ W0&1~ Clerk Subject Property to be Rezoned from a "Residential Type 2-3 - R2-3" zone to a "Residential Type 24 - R3-24" zone The Corporation of the City of Pembroke By-law Number 2023-25 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (28) Residential Type 4-28 - R4-28 (28) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-28 zone, municipally known as 231 Hincks Street and more particularly described as PLAN 98 PT LOT D may be developed in accordance with the following provisions: i) Permitted uses: Apartment Dwelling or Converted Dwelling - containing a maximum of 9 dwelling units. ii) Zone provisions shall be in accordance with Section 8.2(1), excepting the following, which shall be: Minimum Lot Frontage - 31.19m Minimum Front Yard Setback - Om Minimum Exterior Side Yard Setback - 1.2m Minimum Landscaped Open Space - 29% Privacy Yards - 1.5m Minimum Dwelling Unit Area - For a bachelor dwelling unit- 26.6sq.m Minimum Dwelling Unit Area - For a dwelling unit containing one (1) bedroom - 17.4sq.m to 40.34sq.m iii) Accessory Uses: Section 3.1 - The enclosed refuse structure shall have an exterior side yard width of 2.11 metres and be located a maximum of 5 metres of the building at 231 Hincks Street. The location of the enclosed refuse structure shall meet the City of Pembroke's satisfaction. iv) Parking Provisions: Section 3.29(2) - this property shall be permitted to have a minimum number of parking spaces of 1 space per dwelling unit. v) Parking Area Surface: Section 3.29(6) -the parking area and driveway shall be paved with an asphalt or concrete surface and with the provisions for drainage facilities. A drainage and snow storage plan must be submitted and acceptable to the City of Pembroke. vi) Landscaping Requirements: Section 3.29(8) - this property shall ensure a buffer strip with a minimum width of 3 metres is maintained along the rear lot line and the hedge must be kept and maintained at a minimum height of 1.52 metres. vii) All conditions of this By-law shall be fulfilled prior to an Occupancy Permit being issued. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 98 PT LOT D as "Residential Type 4-28 - R4-28" zone in place and instead of a "Central Commercial - C3" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 4th day of April 2023. ;VL . Ron Gervais Mayor ]?~ ~- (°Ja.,.., i cl. \J0r,;,..,....l Cl'----.:::.1 ~~~ c.\e.r-lc... This is Schedule 'A' to By-law 2023-25 of the Corporation of the City of Pembroke, passed this 4th day of April, 2023. ~ Mayor w 0v, ~ Clerk Subject property to be rezoned from a "Central Commercial - C3" zone to a "Residential Type 4-28 - R4-28" zone The Corporation of the City of Pembroke By-law Number 2023-26 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (43) Residential Type 3-43 - R3-43 (43) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-43 zone, municipally known as 583 River Road and more particularly described as PLAN 85 PT LOT 279; RP49R18869 PART 2 may be developed in accordance with the following provisions: i) Permitted uses: Single Detached Dwelling, Duplex Dwelling or Triplex Dwelling ii) Zone provisions shall be in accordance with Section 7.2(1), excepting the following setbacks, which shall be: Minimum Lot Area -4,575sq.ft Minimum Rear Yard Setback - 18ft Minimum Lot Depth - 66ft iii) Parking Provisions: Section 3.29(11)(a) and Section 3.29(7)(d) Parking Regulations - Parking Area Location on Lot and Access - this property shall be permitted to have two (2) driveways with a width of 20 feet each for a maximum driveway width of 40 feet. The driveways shall be separated by 20 feet. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 2, Part of Lot 28; City of Pembroke as "Residential Type 3-43 - R3-43" zone in place and instead of a "Residential Type 2 - R2u zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 4th day of April, 2023. )!&. Mayor l~- Chief Administrative Officer This is Schedule 'A' to By-law 2023-26 of the Corporation of the City of P~ assed this 4th day of April, 2023. Mayor ~ )Y2Gl c..~l ~ ~ 0-'~ c_\e,K Subject property to be rezoned from a "Residential Type 2 - R2" zone to a "Residential Type 3-43 - R3-43" zone ~64 274 305 301 287 295 c:::t,,;JlQ7 31 296 3 28) :295 3. The Corporation of the City of Pembroke By-law Number 2023-27 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 12.4 thereof the following: Section 12.4 (1) Shopping Centre Commercial C4-1 (1) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C4-1 Zone, municipally known as 1200 Pembroke Street West and more particularly described as Plan 195, Lots 104 to 139, Lots 141 to 147, Lots 149 to 154, Lots 197 to 220 Part of Lots 81, 82, 103, 140, 148, 155 to 168, 195, 196 and Roads; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Shopping Centre Commercial" uses shall permit all "C4" uses including self-storage facility which will be located within the existing building at 1200 Pembroke Street West. No additional buildings for a self-storage facility or exterior self-storage units shall be permitted as part of this By-law. ii) Parking Provisions: Section 3.29(2) Parking Regulations - Parking requirements for a self-storage facility at 1200 Pembroke Street West shall be 1 parking space per 120 square metres (1,290.3 sq. ft.) of non- residential floor area. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 2, Part of Lot 28; City of Pembroke as "Shopping Centre Commercial-1 - C4-1" zone in place and instead of a "Shopping Centre Commercial - C4" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 4th day of April, 2023. ;e{t Ron Gervais Mayor i.1~~ Chief Administrative Officer This is Schedule 'A' to By-law 2023-27 of the Corporation of the City of Pembroke, passed this 4th day of April, 2023. Subject Property to be Rezoned from a "Shopping Centre Commercial - C4" zone to a "Shopping Centre Commercial-1 - C4-1" zone The Corporation of the City of Pembroke By-law Number 2023-61 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the deletion of Section 3.2(2) and further amended by the addition thereof the following: Section 3.2(2) Accessory Second and Third Dwelling Unit Policies: a. A maximum of up to two (2) accessory dwelling units shall be permitted in a single detached dwelling, semi-detached dwelling, or row dwelling where permitted by this By-law, or one (1) unit in a building or structure which is accessory to a permitted single detached dwelling, semi-detached dwelling, or row dwelling, for a maximum of three (3) dwelling units on the property, provided that: i. It does not impact the streetscape character along the street where it is located; ii. A building permit is obtained prior to the establishment of an accessory second or third dwelling unit, which must follow the requirements of the Ontario Building Code. b. An accessory second or third dwelling unit shall not exceed the dwelling unit area of the main dwelling unit; c. Where an attached garage within a main dwelling unit is converted to create an additional dwelling unit or a portion of an additional dwelling unit, such attached garage is included in the calculation of the gross floor area of the building; d. Where a dwelling unit is created in a building or structure which is accessory to a permitted single detached dwelling, semi-detached dwelling, or row dwelling, the additional dwelling unit shall be subject to the provisions for accessory buildings and structures set out in Section 3.1 (2), except as follows: l. The additional dwelling unit shall be set back a minimum of 1.2 m [4 ft] from an interior side lot line and shall be set back a minimum of 3.05 m [10 ft] from a rear lot line; and 11. Where the rear lot line abuts a street and the rear yard is not screened by an opaque fence, the additional dwelling unit shall be set back 3.66 m [12 ft] from the rear lot line. e. Requirements for doorway entrances or means of egress for an additional dwelling unit shall be in accordance with the Ontario Building Code and the Ontario Fire Code; f. The creation of an additional dwelling unit contained within the main dwelling must not result in any new doorway entrance added to the front wall, whether before, during, or after the creation of an accessory second or third dwelling unit; g. Provision 2(f) does not: i. Prohibit an internal lobby or vestibule within a common doorway entrance in the front wall; nor ii. Prohibit the creation of an accessory second or third dwelling unit within a main dwelling unit that already contains more than one (1) doorway entrance in the front wall; nor iii. Require the removal of a doorway entrance to a main dwelling unit that already contains more than one (1) doorway entrance in the front wall; nor iv. Prohibit the addition of one (1) doorway entrance along the front wall of a main dwelling unit on a corner lot where there is no doorway entrance along that front wall, but where there is one along the corner side wall of the main dwelling unit; h. The doorway entrance that leads to a second or third dwelling unit that is contained within the main dwelling unit is limited to locations on the ground floor only, except where the Ontario Building Code and the Ontario Fire Code dictate otherwise; i. The main dwelling unit and the second and/or third dwelling unit must share the parking area and yards provided for the main dwelling unit, and no new driveway may be created, except in the case of a corner lot; j. The creation of a second or third dwelling unit must not reduce the number of parking spaces provided for the main dwelling unit below the minimum required by this By-law; k. Notwithstanding any other provision in this By-law, the required parking space for a second or third dwelling unit may be provided through tandem parking with the required parking space of the main dwelling unit; and I. Parking shall be provided for second and third dwelling units in accordance with Section 3.29 of Zoning By-law 2020-05. 2. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the deletion of Section 2 D - Dwelling Unit, Secondary and further amended by the addition thereof the following: Dwelling Unit, Accessory Second or Third Dwelling Units shall mean a maximum of two (2) self-contained dwelling units, which is an accessory second and/or third unit to a main residential dwelling unit, and which is contained within a single detached dwelling, semi-detached dwelling or a row dwelling or one (1) dwelling unit which is contained in a building or structure ancillary to a single detached dwelling, semi-detached dwelling or row dwelling for a maximum of three (3) dwelling units on the property (See Figure 2-3). 3. That Section 3.29(2) shall delete the term secondary units and replace with Accessory Second or Third Dwelling Units. Parking for accessory second and third dwelling units shall be 1 space for each additional accessory dwelling unit. 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OLT) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 5th day of September, 2023. ~ - Ron Gervais Mayor ?lll- Heidi Martin ~~~,.;\ l.,l\/\1; c--A. Clerk The Corporation of the City of Pembroke By-law Number 2023-65 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Zoning By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 11.4 thereof the following: Section 11.4 (14) Central Commercial-14-C3-14 (14) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the C3-14 zone, municipally known as 201 Pembroke Street West and more particularly described as PLAN 17 BLK N PT LOT 2 may be developed in accordance with the following provisions: i) Permitted uses: Section 11 .1 "Central Commercial - C3" permitted uses, in addition to that of a bachelor apartment dwelling unit on the ground floor at the rear of the existing building, to a maximum of 25% of the ground floor gross floor area. ii) Zone provisions shall be in accordance with Section 11.2, excepting the following provisions, which shall be: Minimum Lot Area - 3,750sq.ft Minimum Lot Frontage - 37.5ft Minimum Front Yard Setback-Oft 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 17 BLK N PT LOT 2 as "Central Commercial-14 - C3-14" zone in place and instead of a "Central Commercial - C3µ zone. The property which is rezoned is shown as the lined area on Schedule 'B' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 5th day of September, 2023. 61-, Ron Gervais Mayor ~Q,ll. Heidi Martm ~~6 ~ ;-\., ~ Clerk This is Schedule 'A' to By-law 2023-xx of the Corporation of the City of P~ s~ed this 5~ day of September, 2023. Mayor Subject property to be rezoned from a "Central Commercial - C3" zone to a "Central Commercial-14 - C3-14" zone The Corporation of the City of Pembroke By-law Number 2023-67 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4 (35) Residential Type 2-35 - R2-35 (35) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-35 zone, municipally known as 0 Blakely Crescent and more particularly described as Part of Lot 35, Concession 1, Stafford, as in R117047, except Part 2, Plan 49R-8162, R377670, R187918 and R312345, City of Pembroke and Part Lot 35, Concession 1, Stafford, as in R187918; City of Pembroke may be developed in accordance with the following provisions: i) Zone provisions shall be in accordance with Section 5.2 for single detached dwellings, excepting the following, which shall be: Minimum Lot Area - 450 square metres Minimum Lot Frontage - 14 metres Minimum Lot Depth - 30 metres 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 18 thereof the following: Section 18 Open Space - OS Notwithstanding any provisions of this By-law to the contrary, the property which is located in the OS zone, municipally known as O Blakely Crescent and more particularly described as Part of Lot 35, Concession 1, Stafford, as in R117047, except Part 2, Plan 49R-8162, R377670, R187918 and R312345, City of Pembroke and Part Lot 35, Concession 1, Stafford, as in R187918; City of Pembroke (Shown as Blocks 120-131 on Schedule 'A' attached hereto). 3. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Part of Lot 35, Concession 1, Stafford, as in R117047, except Part 2, Plan 49R-8162, R377670, R187918 and R312345, City of Pembroke and Part Lot 35, Concession 1, Stafford, as in R187918; City of Pembroke as "Residential Type 2-35 - R2-35" zone and an ''Open Space - OS" zone in place and instead of a 11Residential Type 2-holding - R2-h" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 19th day of September, 2023. gJ_ . Ron Gervais Mayor ~ct~ Heidi Martin Clerk This is Schedule 'A' to By-law 2023-67 of the Corporation of the City of Pembroke, passed this 19th day of September, 2023. ~---- , Mayor ~!lit~ Clerk Subject property to be rezoned from a "Residential Type 2-holding - R2-h 11 zone to a "Residential Type 2-35 - R2-35" zone and an "Open Space - OS" zone The Corporation of the City of Pembroke By-law Number 2023-70 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Zoning By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 14.3 thereof the following: Section 14.4 (11) General lndustrial-11-slope stability- M1-11 -s (11) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-11 zone, municipally known as 794 River Road and more particularly described as PLAN 91 PT LOT G TO M RP49R12212 PTS 2 TO 7 RP49R12203 PT 2 may be developed in accordance with the following provisions: i) Permitted uses: Section 14.1 11General lndustrial-M1" permitted uses, in addition to that of a "Recycling Depot or Transfer Station" for electronic waste. ii) Zone provisions shall be in accordance with Section 14.2 and 14.3, excepting that no open storage shall be permitted. iii) Noise transmission at the fac;:ade of the existing building shall not exceed Ministry of the Environment, Conservation & Parks' acceptable levels. Acoustic panelling shall be installed around all applicable equipment as per the submitted environmental noise -assessment report. [A] further environmental noise assessment report[s) may be required to confirm this requirement is being met. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 91 PT LOT G TOM RP49R12212 PTS 2 TO 7 RP49R12203 PT 2 as "General I ndustrial-11-slope stability - M 1-11-s" zone in place and instead of a "General Industrial-slope stability - M1-s" zone. The property which is rezoned is shown as the blue area on Schedule 'B' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 19th day of September, 2023. Ron Gervais ,/7 0 Mayor / ~ ~~~ Heidi Martin Clerk This is Schedule 'A' to By-law 2023-70 of the Corporation of the City of Pembroke, passed this 19th day of September, 2023. a- Mayor \llil&~ Clerk Subject property to be rezoned from a "General Industrial-slope stability - M1-s" zone to a "General lndustrial-11-slope stability - M1-11-s" zone ~ ~ \- ~'-\\ -n\i~~ ~t:-.u.~, \' ~ \. , J..,:r-Y- ;~ , ~~- ~ .... - rr., -~ ~ . ,I I G The Corporation of the City of Pembroke By-law Number 2023-72 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4 (36) Residential Type 4-36 - R4-36 (36) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-36 zone, municipally known as 224 Hincks Street and more particularly described as PLAN 30 BLOCK 2 LOTS 2 3 PT LOT 4 may be developed in accordance with the following provisions: i) Permitted uses: Apartment Dwelling of up to twenty (20) bachelor dwelling units ii) Zone provisions shall be in accordance with Section 8.2(1), excepting the following, which shall be: Minimum Lot Area -14,872sq.ft Minimum Front Yard Setback - 3m Minimum Rear Yard Setback- 6m Minimum Interior Side Yard Setback - 3.2m Privacy Yards - 3m Minimum Dwelling Unit Area - For up to twelve (12) bachelor dwelling units -240sq.ft Minimum Dwelling Unit Area - For up to eight (8) bachelor dwelling units - 370sq.ft iii) Parking Provisions: Section 3.29(2) - a minimum of fourteen (14) parking spaces for up to twenty (20) dwelling units shall be permitted. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 30 BLOCK 2 LOTS 2 3 PT LOT 4 as "Residential Type 4-36 - R4-36" zone in place and instead of a "Central Commercial - C3" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 19th day of September, 2023. t/f; Mayor ~\l~~ Heidi Martin Clerk This is Schedule 'A' to By-law 2023-72 of the Corporation of the City of Pembroke, passed this 19th day of September, 2023. ,ig_. Mayor &~~ Clerk Subject property to be rezoned from a "Central Commercial - C3" zone to a "Residential Type 4-36 - R4-36" zone The Corporation of the City of Pembroke By-law Number 2023-77 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4 (44) Residential Type 3-44 - R3-44 (44) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-44 zone, municipally known as 852 Pembroke Street West and more particularly described as PLAN 185 LOT 363 may be developed in accordance with the following provisions: i) Permitted uses: Converted Dwelling - containing a maximum of 4 dwelling units. ii) Zone provisions shall be in accordance with Section 7.2(4), excepting the following, which shall be: Minimum Front Yard Setback- 5.52m Minimum Rear Yard Setback- 0.689m Minimum Exterior Side Yard Setback- 0.122m Minimum Interior Side Yard Setback - 0.201 m Minimum Landscaped Open Space - 0% 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 185 LOT 363 as "Residential Type 3-44 - R3-44" zone in place and instead of a "Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 17th day of October, 2023. ${. Ron Gervais M\\ . ~~\t~~nCd 0 Clerk .. This is Schedule 'A' to By-law 2023-77 of the Corporation of the City of Pembroke, passed this 17th day of October, 2023. Subject property to be rezoned from a "Highway Commercial - C2" zone to a "Residential Type 3-44 - R3-44" zone The Corporation of the City of Pembroke By-law Number 2023-84 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4 (36) Residential Type 2-36 - R2-36 (36) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-36 Zone, municipally known as 588 Pembroke Street East and more particularly described as Concession 2, Part of Lot 28; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Residential Type 2 - R2" us.es shall permit all "R2" uses including a semi-detached dwelling house with a secondary dwelling unit in each of the semi-detached units for a total of 4 dwelling units. ii) Parking Provisions: Section 3.29(11)(a) and Section 3.29(7)(d) Parking Regulations - Parking Area Location on Lot and Access - this property shall be permitted to have two (2) driveways with a width of 20 feet each for a maximum driveway width of 40 feet. The driveways shall be separated by nine (9) feet 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Concession 2, Part of Lot 28; City of Pembroke as 11Residential Type 2-36 - R2-36" zone in place and instead of a "Residential Type 1 - R1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 21 st day of November, 2023. g?_ Ron Gervais Mayor ~~~ Da" id Urlffltl \Ae~d .. \ t--Aor..\-\r\ 6-Aief .Administrative OffieCf C\e..e-\'-.. This is Schedule 'A' to By-law 2023-84 of the Corporation of the City of Pembroke, passed this 21 st day of November, 2023. ~. ~~t ~ I ~ Clerk ~ Subject Property to be Rezoned from a "Residential Type 1 - R1" Zone to a "Residential Type 2-36 - R2-36" Zone 516 510 524 ,190 500 ~15 493 491 501 0 217 4iH 490 502 0 241 <95 49" 500 5!)4 c34 243 237 : 45 s :!39 c:'6 495 499 509 S11 513 515 2M 'G 251 j g 245 230 :t?.! llllll~IOO f 234 :!37 126 82 2.:1 ..,.,- The Corporation of the City of Pembroke By-law Number 2024-19 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4(45) Residential Type 3-45 - R3-45 (45) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-45 Zone, municipally known as 163 Peter Street and more particularly described as PLAN 13 LOT 40; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Converted Dwelling - containing a maximum of five (5) dwelling units. ii) Zone provisions shall be in accordance with Section 7.2(4), excepting the following: a. Minimum Lot Frontage - 59.4ft b. Minimum Interior Side Yard Setback- 8ft iii) Parking Regulations- Landscaping Requirements - Section 3.29(8)(a): a. Buffer Strip (North) - Oft b. Buffer Strip (East) - 2ft 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 13 LOT 40; City of Pembroke as "Residential Type 3-45 - R3-45" zone in place and instead of a "Residential Type 1 - R 1" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 19th day of March, 2024. a . Ron Gervais Mayor ~~ Heidi Martin Clerk This is Schedule 'A' to By-law 2024-19 of the Corporation of the City of Pembroke, passed this 19th day of March, 2024. 6{__ Mayor ~~t I I ~ Clerk ~ Subject Property to be rezoned from a "Residential Type 1 - R 1" zone to a "Residential Type 3-45 - R3-45" Zone The Corporation of the City of Pembroke By-law Number 2024-21 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4(46) Residential Type 3-46-slope stability- R3-46-s (46) Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-46-s zone, municipally known as 240 Mackay Street and more particularly described as CON 2 PT LOT 33 PT LOT 34; RP49R6007; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Converted Dwelling - containing a maximum of six (6) dwelling units. ii) Only a single access driveway shall be permitted. 2. That Schedule 'B' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as CON 2 PT LOT 33 PT LOT 34; RP49R6007; City of Pembroke as "Residential Type 3-46-slope stability - R3-46-s" zone in place and instead of a "Central Commercial-slope stability - C3-s" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. P~acted this 19th day of March, 2024. Ron Gervais Mayor ~....+e-~~ \"te10i ~~I'\ Chief Adm1nisb ative Officer C1cu--\(_ This is Schedule 'A' Pembroke to By-law 2024 , passed this 19th d -21 of the Co - ~ . ay of March, 2024. rporat,on of the City of Mayor ~ l I~ Clerk ~ -~~ , v~, ,.~l.l ~~ 1~ T ~ - The Corporation of the City of Pembroke By-law Number 2024-25 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by ... laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition of Short-term Rentals to Section 2 S - Definitions: "a dwelling unit or any part thereof that operates or offers a place of temporary residence, lodging or occupancy within a single detached dwelling house, semi-detached dwelling house, duplex dwelling house, row dwelling house, triplexes, quadruplexes and converted dwellings in "Residential Type 1- R1 ", "Residential Type 2 - R2", and "Residential Type 3 - R3" zones; by the short-term accommodation/rental operator, by way of concession, permit, lease, license, rental agreement or similar commercial arrangement for any period less than a month, throughout all of any part of the calendar year. Short-term rental uses shall not mean or include a hotel, bed and breakfast establishment, boarding or lodging house, hospital, or similar residential or commercial use." 2. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 3.40 thereof the following: Section 3.40 Short-Term Rentals 1. That only one (1) short-term rental may be operated on a single property; 2. That short-term rentals only be permitted in single detached dwellings, semi-detached dwellings, rowhouses, duplexes, triplexes, quadruplexes and converted dwellings in ''Residential Type 1 - R1 :, "Residential Type 2 - R2" and "Residential Type 3 - R3" zones; 3. That a minimum of one (1) standard parking space per occupied bedroom be required for short-term rentals; 4. That short-term rentals shall not become a nuisance because of noise, odour, garbage, traffic or parking; and 5. That short-term rentals shall be in compliance with all other applicable by~laws, including but not limited to building, fire, noise, parking, property standards, and traffic control by-laws. 3. That Schedule "A" to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property municipally known as 0 Eganville Road and legally described as Plan 80, Lot 10 in a "Hazard - H" zone and "Open Space-slope stability - OS-s" zone in place and instead of a 11Residential Type 2 - R2''" zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 4. That Section 16.1 Flood Plain Zone Permitted Uses and Section 17.1 Hazard Zone Permitted Uses be amended to remove a private park as a permitted use in those zones. 5. That Schedule <IA" to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property municipally known as 7-9 International Drive and legally described as Concession 1, Pat Lot 28, Parts 1 and 2 on 49R-9743 in an "Institutional - I" zone in place and instead of a "Highway Commercial - C2" zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 6. That Section 13.1 "Institutional - I" to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition thereof the following: Section 13.1 "('' (i) Notwithstanding the provisions of this By-law to the contrary, in addition to the "I" permitted uses, the following use shall be added to the list of permitted uses within this zone: food vehicle. 7. That Section 3.11 (2) 1'Fences" of By-law 2020-05 of the Corporation of the City of Pembroke be amended by deleting Section 3.11 (2) in its entirety. 8. That Section 3.11 (2) "Fences" to By-law 2020-05 of the Corporation of the City of Pembroke be amended by the adding thereto the following: 3.11 (2) For the purposes of this Section, an unpierced hedgerow or other unpierced planting shall be deemed to be a fence and the maximum heights stated in provisions (4) and (5) of this Section shall apply to such plantings. 9. That Section 11.2(g) Maximum Number of Dwelling Units per Lot to By- law 2020-05 of the Corporation of the City of Pembroke in a "Central Commercial - C3" zone shall be deleted. 10. Section 1.14(11) "Interpretation - Slope Stability" to By-law 2020-05 of the Corporation of the City of Pembroke shall be amended by deleting Section 1.14(11) in its entirety. 11. Section 1.14(11) ''Interpretation - Slope Stability" to By-law 2020-05 of the Corporation of the City of Pembroke be amended by adding thereto the following: 1.14(11) Where a Zone symbol is followed by a dash and the symbol "s" (e.g. "C2-3-s"), the lands so designated shall be subject to all of the provisions of the Zone represented by the symbol contained in the prefix. The suffix "-s" requires that, in addition to those provisions, no development (excluding fences and sheds less than 15 square metres [161.4 square feet] and retaining walls less than 1.2 metres [4 feet] high) shall be permitted within 30 metres [98.42 feet] of the top of the bank unless a supporting geotechnical study indicates that the setback can be reduced. In such cases the setback shall be that determined in the geotechnical report. 12. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 16th day of April, 2024. ~ ; Mayor '1\0c\l Heidi Martin Clerk This is Schedule 'A' to By-law 2024-25 of the Corporation of the City of Pembroke, passed this 16th day of April, 2024. ~ Mayor ~\Art ~ A _k.- cIerk '~ Subject Property to be rezoned from a "Residential Type 2 - R2" zone to an "Open Space-slope stability - OS-s" zone and "Hazard - H'' zone Subject Property to be rezoned from a "Highway Commercial - C2" zone to an "Institutional - I" zone The Corporation of the City of Pembroke By-law Number 2024-26 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character., location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4(47) Residential Type 3-47 - R3-47 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-47 Zone, municipally known as 659 Mackay Street and more particularly described as PLAN 83 PT LOT 320 PT LOT 321 AND PART LOTS 335 &336; SHOWN AS 49R8001 PART 1; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Converted Dwelling - containing a maximum of six (6) dwelling units. ii) Zone provisions shall be in accordance with Section 7.2(4), excepting the following: a. Minimum Lot Frontage-17.Bm b. Minimum Front Yard Setback-4.81m c. Minimum Interior Side Yard Setback - 3.04m to southwest corner of existing building iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: a. Minimum Number of Parking Spaces Required - Eight (8) parking spaces (1.33 per dwelling unit) b. Access - Separate Single Lane Egress - 3.04m width at southwest corner of existing building c. Landscaping Requirements - Buffer Strip (North & East) - 1.5m d. Landscaping Requirements - Buffer Strip (South) - Om e. Parking Area Location on Lot- Total Driveway Width - 6.09m 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 83 PT LOT 320 PT LOT 321 AND PART LOTS 335 &336; SHOWN AS 49R8001 PART 1; City of Pembroke as "Residential Type 3-47 - R3-47" zone in place and instead of a ''Residential Type 3-13 - R3-13'' zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. 4. By-law 95-54 is hereby repealed in its entirety. Passed and enacted this 16th day of April, 2024. t!iis Mayor \ ~ l .---- ~<¾ ~ Heidi Martin Clerk This is Schedule 'A' to By-law 2024-26 of the Corporation of the City of Pembroke, passed this 16th day of April, 2024. Mayor Subject Property to be rezoned from a "Residential Type 3-13 - R3-13" zone to a "Residential Type 3-47 - R3-47" Zone 287 :?95 301 3-09 317 ~ 1:4a .:!44 250 300 ,,s ~ g oOO The Corporation of the City of Pembroke By-law Number 2024-35 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; And Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By- law has, from time to time, been amended; And Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the lands municipally known as 29 Eddy Crescent and more particularly described as Concession 1, Part Lot 35; Parts 1-5 on 49R-20603; City of Pembroke from an "Open Space - OS" zone to a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule "A" attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect onlYi upon the approval of OL T, as evidenced by the issuance of its for al order in that respect. Passed and Enacted is 21 st day of May, 2024 -Ron 6eFVa Mayor J..k,;rrfi--l~i'fi1 n Do..~ e.. \) r--,o. \J Cf>. o \ De~ -A--\ C\e.sk. - This is Schedule 'A' to By-law 2024-35 of the Corporation of the City of Pembroke passed this 21 st day of May, 2024. Mayor /f C 4«fAY Clerk ~ \;\, , Subject Property to be Rezoned from an "Open Space - OS" zone to a "Residential Type 2 - R2" zone - - lnlcm,.';:cnl 'Nak-rcou.rs,c - PenNN!'riW.1:.ctr~ c:J Prepc,rt, FD* The Corporation of the City of Pembroke By-law Number 2024-36 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 14.4 thereof the following: Section 14.4(12) General lndustrial-12- M1-12 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the M1-12 zone, municipally known as 331 Boundary Road and more particularly described as PEMBROKE CON 1 PT LOT 13; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: "General Industrial - M1" permitted uses, with the exception of "Assembly Plant", "Cannabis Production Facility1', "Lumber Mill", "Lumber Yard", "Manufacturing Plant" and "Transportation Terminal'', and the addition of "Animal Hospitalll, "Car Wash", Convenience Store", "Financial Institution", "Gasoline Retail Facility" and "Retail Store, Large Format". 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PEMBROKE CON 1 PT LOT 13; City of Pembroke as "General lndustrial-12 - M1-12" zone in place and instead of an 11Open Space - OS" zone. The property which is rezoned is shown as the highlighted area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. This is Schedule 'A' to By-law 2024-36 of the Corporation of the City of Pembroke, passed this 21 st day of May, 2024. (~ Mayor Do.p -1<j Clerk w \f, Subject property to be rezoned from an "Open Space - OS" zone to a "General lndustrial-12 - M1-12" Zone The Corporation of the City of Pembroke By-law Number 2024-46 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4(37) Residential Type 2-37 - R2-37 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R2-37 Zone, municipally known as 336 Patricia Avenue and more particularly described as PLAN 437 LOT 52; City of Pembroke may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 - "Residential Type 2- R2" permitted uses shall apply. ii) Zone provisions shall be in accordance with Sections 5.2 and 6.2, excepting the following in the case of a "Semi-Detached Dwelling": a. Minimum Lot Frontage - 65ft b. Minimum Rear Yard Setback - 20ft c. Minimum Exterior Side Yard Setback- 9ft iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: a. Parking Area Location on Lot- Total Maximum Driveway Width -24ft 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 437 LOT 52; City of Pembroke as "Residential Type 2-37 - R2-37" zone in place and instead of a "Residential Type 1 - R1 " zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3, This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 16th day of July, 2024. µ, Ron Gervais Mayor Victoria Charboneau Clerk This is Schedule 'A' to By-law 2024-46 of the Corporation of the City of Pembroke, passed this 16th day of July, 2024. MtP2-- "¥ @- - Clerk Subject Property to be rezoned from a "Residential Type 1 - R1" zone to a "Residential Type 2-37 - R2-37" Zone 192 490 498 500 502 504 503 510 512 387 318 llS 103 ~ 317 ,,: 116 118 120 122 120 ~ JBS r------1! r---- 319 101 99 g r-------'--,L-1,--...L_....J fj r--1-10_-I/ 1oa / 397 412 399 '!DJ 346 ! t---! ~ r-----503--i ~ I 358 507 509 511 513 s1s elc,QJ l:I) 321 225 91 r---.----1 -'09 100 ~01 95 - 400 JO:! 404 406 406 410 412 136 1! 6 311 Jn Jmp n 3a, 385 154 40) 411 410 414 ...... ,_ t-- ,.._ ,__ ~ QOlll3l The Corporation of the City of Pembroke By-law Number 2024--58 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition of the following sections to Sections 14.2(2) "General Industrial - M1" zone provisions and 15.2(2) "Economic Enterprise - M2" zone provisions regarding Cannabis Production Facilities: Sections 14.2(2)(h), (i) and 0) and 15.2(2)(h), (i) and G) Cannabis Production Facility (h) An odour mitigation plan be provided to the City prior to occupancy. The City of Pembroke may require this plan to be peer reviewed at the applicant's cost; (i) A cannabis production facility shall not become a nuisance in regard to noise, odour, garbage, traffic or parking; U) Cannabis production facility shall be in compliance with all other applicable by-laws, including but not limited to building, fire, noise, parking, property standards and traffic control by-laws. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition of Odour Mitigation Plan to Section 2 0 - Definitions: "is a report, provided by the applicant, outlining a strategy or set of procedures designed to minimize or eliminate unpleasant or harmful odours from a facility such as a cannabis production facility. The plan includes identifying potential sources of odours, implementing control measures to reduce or neutralize them, monitoring odour levels and taking corrective action(s) if necessary. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 15th day of October, 2024. Ron Gervais Mayor Victoria Charbonneau Clerk The Corporation of the City of Pembroke By-law Number 2024-64 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O. 1 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4(15) Residential Type 4-15 - R4-15 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-15 Zone, municipally known as 9 Bennett Street and more particularly described as CON 1 PLAN 178 PT LOT 14 may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 Residential Type 4 - R4 permitted uses ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: a. Courts - No courts shall be required for the existing apartment dwelling b. Privacy Yards - No privacy yards shall be required for the existing apartment dwelling 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as CON 1 PLAN 178 PT LOT 14 as "Residential Type 4-15-R4-15" zone in place and instead of a "Residential Type 4-29 - R4-29" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OLT) for approval and shall come into force and take effect only upon the approval of OLT, as evidenced by the issuance of its formal order in that respect. 4. By-law 2013-06 is hereby repealed in its entirety. Passed and enacted this 19th day of November, 2024. ~- Ron Gervais Mayor -w-- Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2024-64 of the Corporation of the City of Pembroke, passed this 19th day of November, 2024. f9;_ Mayor Clerk = Subject Property to be rezoned from a "Residential Type 4-29 - R4-29" zone to a "Residential Type 4-15 - R4-15" Zone The Corporation of the City of Pembroke By-law Number 2025-11 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 5.4 thereof the following: Section 5.4(2) Residential Type 1-2- R1-2 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R 1-2 zone, municipally known as 1 Howard Street and more particularly described as PEMBROKE CON 2 FAL PT LOT 26; OTTAWA RIVER may be developed in accordance with the following provisions: i) Exemption from Section 3.12(1) - Frontage On Public Street 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PEMBROKE CON 2 FAL PT LOT 26; OTTAWA RIVER as a "Residential Type 1-flood fringe-holding - R1-ff-h" zone in place and instead of a "Residential Type 1-flood fringe - R1-ff' zone, and to show the properties described as PEMBROKE CON 2 FAL PT LOTS 25 AND 26; RP 49R-7321 PARTS 1, 2, 7 TO 12 as a "Residential Type 4 - R4'' zone in place and instead of "Highway Commercial - C2" & "Highway Commercial-holding - C2-h" & "Residential Type 2 - R2" zones. The properties which are rezoned are shown as the lined areas on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 18th day of February, 2025. ,✓,,c Ji 2 Ron GelJlais Mayor Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-1 1 of the Corporation of the City of Pembroke, passed this 18th day of February, 2025. Subject Properties to be rezoned from a "Residential Type 1-flood fringe - R1-ff' zone to a "Residential Type 1-2-flood fringe-holding - R1-2-ff-h" zone, and from "Highway Commercial - C2" & "Highway Commercial-holding - C2-h" & "Residential Type 2 - R2" zones to a "Residential Type 4 - R4" zone: , . ... . .. r , ... .. r ~ ... F.'#'/ ~ .... l ' e :~~ - ,-J ' !:- '- c~;,,._,; ... . 0 40 80 1:2,200 180 Meiers ... . '. , r -Shac>pers :Drug "'".!1 - From C2, C2-h, &R21oR4 Siar -'~mit Commo - Jewoll -· ' ... . :r .: -~ Zoning Sketch P,cject No. 22-70348 Propored by: KC Revi-d & Apl)(CVod by: AH Dote: August 2024 The Corporation of the City of Pembroke By-law Number 2025-12 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4(37) Residential Type 4-37 - R4-37 Notwithstanding any provisions of this By-law to the contrary, the properties which are located in the R4-37 zone, municipally known as Blocks 614 & 615 Golfview Draft Plan of Subdivision and more particularly described as STAFFORD CON 1 PT LOTS 29 & 30 (shown as BLOCKS 614 & 615 on the Golfview Draft Plan of Subdivision) may be developed in accordance with the following provisions: i) Permitted uses: Apartment Dwelling Retirement Home Dwelling Day Nursery Main floor commercial uses limited to: bakeshop, bank, convenience store, drug store, eating establishment, health club, laundromat, local retail store, medical clinic, mixed use building, office, personal services establishment and service shop ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: a. Minimum Lot Area - 1.5 hectares 1. Maximum Building Height - 15 storeys k. Privacy Yards - 5m iii) A "Local Retail Store" definition shall be added to Section 2 - Definitions and shall mean a retail store which caters to the specific needs of a local area or neighbourhood. iv) A "Service Shop" definition shall be added to Section 2 - Definitions and shall mean a building or part of a building, not otherwise defined or classified herein, and whether conducted in conjunction with a local retail store or not, for the servicing or repairs of articles, goods, or materials and in which no product is manufactured, no equipment articles, goods or materials are stored outside and there is no equipment or process which creates excessive noise, glare, fumes or odour detrimental to the health and general welfare of persons residing in the neighbourhood. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as STAFFORD CON 1 PT LOTS 29 & 30 (shown as Blocks 614 & 615 on the Golfview Draft Plan of Subdivision as a "Residential Type 4-37 - R4-37" zone in place and instead of "Residential Type 4-21 - R4-21 " zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the deletion of the existing Section 8.4(21), to be replaced with Section 8.4(21) Residential Type 4-21 - R4-21 (Reserved for Future Use). 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 18th day of February, 2025. n~ Ro~ ervais Mayor ~ Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-12 of the Corporation of the City of Pembroke, passed this 18th day of February, 2025. Clerk Subject Property to be rezoned from a "Residential Type 4-21 - R4-21" zone to a "Residential Type 4-37 - R4-37" zone: - Counly Rood - Loc:al Road - Hlgllway 17 Municipal Boundary -Loe11IRoods D Londs Sdljo<I Ill Ro-zoning - Goll\ltew Subdl\ltslon Land, 0 100 200 1:6,500 400 Meters Map 1: Site and Surrounding Land Use . ' t Prepared by: KC Reviewed & A;>prO\l9d by: AH O.le: October 202, The Corporation of the City of Pembroke By-law Number 2025-39 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4(48) Residential Type 3-48 - R3-48 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-48 Zone, municipally known as 730 Cecelia Street and more particularly described as Plan 611, Block 77, may be developed in accordance with the following provisions: i) Permitted uses: Section 7.1 Residential Type 3 - R3 permitted uses shall be limited a dwelling house containing a maximum of six units. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 611, Block 77 as "Residential Type 3-48 - R3-48" zone in place and instead of an "Open Space - OS" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (1 9) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. ~~ enacted this 15th day of April, 2025. ~0 -~e~ is ~ --- Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-39 of the Corporation of the City of Pembroke, passed this 15th day of April, 2025. Subject Property to be rezoned from an "Open Space - OS" zone to a "Residential Type 3-48 - R3-48" Zone ~ 1?0 19:! 1<,.: 1<;,I 108 a; =~ -;;: £ g ~ ::; =o1 ,,, 18 1 "' 18', 101 H,J ,o, 19~ 10) 10!: ,o, 10'l ~ &~~ moo1m:, 100 106 30i ;57 ,,, 110 @'7,om:ffllo En The Corporation of the City of Pembroke By-law Number 2025-40 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4(38) Residential Type 4-38 - R4-38 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-38 Zone, municipally known as 570 Almira Street and more particularly described as Plan 179, Lots 246, 247 and 248; and Plan 103, Lots 142, 143, 167, 168 and 169, Plan 103 except Part 1 on 49R-11702; and Lane, Plan 179, lying between Boundary Road and Julien Street, except Parts 1 and 2 on 49R-14043 and Part Julien Street, Plan 103 (Formerly Sixth Street); Part Julien Street, Plan 246 may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 Residential Type 4 - R4 permitted uses shall be limited to cluster housing development for a total of 14 row dwelling units; ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: a. Group Setback - No Group Setback shall be required for the proposed row dwelling units; b. Minimum Front Yard setback - 4.2 metres shown for one row dwelling unit at a singular point; 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as Plan 179, Lots 246, 247 and 248; and Plan 103, Lots 142, 143, 167, 168 and 169, Plan 103 except Part 1 on 49R-11702; and Lane, Plan 179, lying between Boundary Road and Julien Street, except Parts 1 and 2 on 49R-14043 and Part Julien Street, Plan 103 (Formerly Sixth Street); Part Julien Street, Plan 246 as "Residential Type 4-38 -R4-38" zone in place and instead of a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 15th day of April, 2025. ~ Ron Gervais Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-40 of the Corporation of the City of Pembroke, passed this 15th day of April, 2025. Clerk Subject Property to be rezoned from a "Residential Type 2 - R2" zone to a "Residential Type 4-38 - R4-38" Zone The Corporation of the City of Pembroke By-law Number 2025-54 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by a Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 9.4 thereof the following: Section 9.4(2) Local Commercial-2 - C1-2 Notwithstanding any provisions of this By-law to the contrary, the properties which are located in the C1-2 zone, municipally known as 268 Isabella Street and more particularly described as PLAN 17 BLK U LOT 7 may be developed in accordance with the following provisions: i) Permitted uses: Art Gallery Convenience Store Dwelling units above ground floor non-residential uses Office Personal Services Establishment Studio Retail Store ii) Zone provisions shall be in accordance with Section 9.2, excepting the following: f. Minimum Interior Side Yard Setback - Where an interior side yard abuts a residential zone (East) - 7.35ft f. Minimum Interior Side Yard Setback - Where an interior side yard abuts a residential zone (West) - 12.45ft 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 17 BLK U LOT 7 as a "C1-2" zone in place and instead of a "C1-7" zone. The property which is rezoned is shown as the blue-highlighted area on Schedule 'A' attached hereto. 3. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the deletion of the existing Section 9.4(7), to be replaced with Section 9.4(7) C1-7 (Reserved for Future Use). 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 17th day of June, 2025. !!f::z Mayor Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-54 of the Corporation of the City of Pembroke, passed this 17th day of June, 2025. ~ Mayor Subject property to be rezoned from a "Local Commercial-? - C1-7" zone to a "Local Commercial-2 - C1-2" zone: :1-' :131 71 33A :,4j}4V ~I 36" 1a.: 380 w; 36: 300 :il8 '.l-10 ~ 301 1<;4 The Corporation of the City of Pembroke By-law Number 2025-69 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 7.4 thereof the following: Section 7.4(49) Residential Type 3-49 - R3-49 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R3-49 zone, municipally known as 231 Cecelia Street and more particularly described as PLAN 18 PT LOT 106 PT LOT 107, may be developed in accordance with the following provisions: i) Permitted uses: Section 7.1 "R3" Permitted Uses A multiple-attached dwelling of not more than six (6) dwelling units ii) Zone provisions shall be in accordance with Section 7.2, excepting the following: Minimum Exterior Side Yard Setback-17.5ft iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: 2. Minimum Parking Space Requirements - eight (8) parking spaces required for a multiple-attached dwelling of not more than six (6) dwelling units 7.(d) Minimum Separation Distance Between Two (2) Separate Driveways on One (1) Lot - 15ft 11.(a) Parking Area Location on Lot - Total Maximum Driveway Width for Two (2) Separate Driveways on ~a Street- 40ft (20ft per driveway) ~ S u p~\t, 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as PLAN 18 PT LOT 106 PT LOT 107 as a "Residential Type 3-49 - R3-49" zone in place and instead of a "Residential Type 4 - R4" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 16th day of September, 2025. Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-69 of the Corporation of the City of ~sed this 16th day of September, 2025. Clerk Subject property to be rezoned from a "Residential Type 4 - R4" zone to a "Residential Type 3-49 - R3-49" zone: ~'3ltl 400 The Corporation of the City of Pembroke By-law Number 2025-71 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4(21) Residential Type 4-21 - R4-21 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-21 zone, municipally known as 350 International Drive and more particularly described as STAFFORD CON 1 PT LOT 29; RP49R20207 PART 1, may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 "R4" Permitted Uses ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: 1.(k) Privacy Yards - 3.3m iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: 8.(c) Landscaping Requirements - 1.8m strip of landscaped open space 8.(d)(ii) Outdoor Refuse Collection Areas - 0.5m setback from lot lines 11.(a) Parking Area Location on Lot - 1.8m setback from any streetline 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property described as STAFFORD CON 1 PT LOT 29; RP49R20207 PART 1 as a "Residential Type 4-21 - R4-21" zone in place and instead of an "Economic Enterprise - M2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 16th day of September, 2025. Rof8 Mayor ~ Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-71 of the Corporation of the City of Pembroke, passed this 16th day of September, 2025. M Mayor ~ Clerk Subject Property to be rezoned from an "Economic Enterprise - M2" zone to a "Residential Type 4-21 - R4-21 " zone: M2 Notto Scale Zoning By-law Amendment Sketch From Economic """ Enterprise (M2) to ~ Residential Typo 4 Exception (R4-EX) j - Project No. 2S.7045A Prepared by: KC I fl Reviewed & Approved by: AH 'I Date: July 2025 The Corporation of the City of Pembroke By-law Number 2025-80 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 6.4 thereof the following: Section 6.4(38) Residential Type 2-38 - R2-38 Notwithstanding any provisions of this By-law to the contrary, the properties which are located in the R2-38 zone, municipally known as 1106 Bronx Street & 1110 Bronx Street and more particularly described as CON 1 PT LOT 19, may be developed in accordance with the following provisions: i) Permitted uses: Section 6.1 "R2" Permitted Uses ii) Zone provisions shall be in accordance with Section 6.2, excepting the following: Minimum Lot Area - 4,092sq.ft. Minimum Lot Frontage - 33ft iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: 11.(a) Parking Area Location on Lot - Total Maximum Driveway Width-24ft 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the properties described as CON 1 PT LOT 19 as a "Residential Type 2-38 - R2-38" zone in place and instead of a "Residential Type 2 - R2" zone. The property which is rezoned is shown as the lined area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 18th day of November, 2025. Rei Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-80 of the Corporation of the City of Pembroke, passed this 1 ath day of November, 2025. Subject properties to be rezoned from a "Residential Type 2 - R2" zone to a "Residential Type 2-38 - R2-38" zone: > The Corporation of the City of Pembroke By-law Number 2025-81 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 13.4 thereof the following: Section 13.4(6) lnstitutional-6 - 1-6 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the 1-6 zone, municipally known as 222 Dickson Street and more particularly described as PLAN 70 PT LOT 175 LOT 176 LOT 177 PLAN 72 PT LOT 184 PT LOT 185, may be developed in accordance with the following provisions: i) Permitted uses: Section 13.1 "I" Permitted Uses Two (2) dwelling units within existing building ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: Minimum Dwelling Unit Area: Bachelor Dwelling Unit - 37.17sq.m [400sq.ft] One (1) Bedroom Dwelling Unit- 55.74sq.m [600sq.ft] Two (2) Bedroom Dwelling Unit - 65.03sq.m. [700sq.ft] Three (3) Bedroom Dwelling Unit- 83.61sq.m [900sq/ft] More Than Three (3) Bedroom Dwelling Unit - 83.61sq.m [900sq/ft) plus 9.29m.sq [1 00sq.ft] for each bedroom in excess of three (3) bedrooms 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the properties described as PLAN 70 PT LOT 175 LOT 176 LOT 177 PLAN 72 PT LOT 184 PT LOT 185 as an "lnstitutional-6 - 1-6" zone in place and instead of an "Institutional - I" zone. The property which is rezoned is shown as the blue-highlighted area on Schedule 'A' attached hereto. 3. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. P~ cted this 18th day of November, 2025. Ron Gervais Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-81 of the Corporation of the City of Pembroke, passed this 18th day of November, 2025. er Clerk Subject property to be rezoned from an "Institutional - I" zone to an "lnstitutional- 6 - 1-6" zone: 390 ~ Z92 20!; ~ \ u I \ ·· J 201 I \ \ __.L-- r:7~-.. ,. g ~I/fl --- ~ ~$4 ~~ \ 222 Dickson 4,0 w k\ 127 \ :!il:l 279 \ - \ % \ 43~ \ 261 274 :.>P2 2S3 The Corporation of the City of Pembroke By-law Number 2025-82 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the addition to Section 8.4 thereof the following: Section 8.4(39) Residential Type 4-39 - R4-39 Notwithstanding any provisions of this By-law to the contrary, the property which is located in the R4-39 zone, municipally known as 203 Isabella Street and more particularly described as PLAN 17 BLK M LOTS 18 AND 19; RP 49R17779 PART 2, may be developed in accordance with the following provisions: i) Permitted uses: Section 8.1 "R4" Permitted Uses ii) Zone provisions shall be in accordance with Section 8.2, excepting the following: Rear Yard Depth-5.18m [17ft] Exterior Side Yard Width -4.57m [15ft] Privacy Yards on west side of building - 2.49m [8.17ft] Distance between parking surface on north side of building and exterior wall - 2.44m [8ft] iii) Parking Regulations shall be in accordance with Section 3.29, excepting the following: This property shall be exempted from curbing provisions of the zoning by-law. 2. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the properties described as PLAN 17 BLK M LOTS 18 AND 19; RP 49R17779 PART 2 as a "Residential Type 4-39 - R4-39" zone in place and instead of a "Residential Type 4-23 - R4-23" zone. The property which is rezoned is shown as the blue- highlighted area on Schedule 'A' attached hereto. 3. That By-law 2020-05 of the Corporation of the City of Pembroke be amended by the deletion of the existing Section 8.4(23), to be replaced with Section 8.4(23) R4-23 (Reserved for Future Use). 4. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 18th day of November, 2025. /Pf Ron Gervais Mayor Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-82 of the Corporation of the City of Pembroke, passed this 1 gth day of November, 2025. ffe Cierk Subject properties to be rezoned from a "Residential Type 4-23 - R4-23" zone to a "Residential Type 4-39 - R4-39" zone: The Corporation of the City of Pembroke By-law Number 2025-86 A by-law to amend By-law 2020-05 of the Corporation of the City of Pembroke, being a by-law to regulate the use of lands and the character, location and use of buildings and structures in the City of Pembroke. Whereas Section 34 of The Planning Act R.S.O., 1990 provides that by-laws may be passed by Municipal Council for restricting the use of lands and the erection or use of buildings except as provided for in such by-laws; and Whereas the Council of the Corporation of the City of Pembroke did, on the twenty-first day of January, 2020, pass By-law 2020-05 to provide for the use of lands and the character, location and use of buildings and the said By-law has, from time to time, been amended; and Whereas it is deemed expedient to further amend the said By-law; Now Therefore the Municipal Council of the Corporation of the City of Pembroke enacts as follows: 1. That Schedule 'A' to By-law 2020-05 of the Corporation of the City of Pembroke be amended to show the property to be municipally known as 422 Maple Avenue and legally described as PLAN 72 PT LOT 184 PT LOT 185 as a "Residential Type 2 - R2" zone in place and instead of an "Institutional - I" zone. The property which is rezoned is shown as the red- highlighted area on Schedule 'A' attached hereto. 2. This By-law shall be circulated in the manner provided for by the regulations enacted pursuant to Section 34(18) and (19) of The Planning Act R.S.O., 1990. In the event that no objection is filed within 20 days of the date of giving written notice, this By-law shall come into force and take effect. In the event that any objection to the approval of this By-law is filed within the required time period, this By-law shall be submitted to the Ontario Land Tribunal (OL T) for approval and shall come into force and take effect only upon the approval of OL T, as evidenced by the issuance of its formal order in that respect. Passed and enacted this 2nd day of December, 2025. Victoria Charbonneau Clerk This is Schedule 'A' to By-law 2025-86 of the Corporation of the City of Pembroke, passed this 2nd day of December, 2025. Subject property to be rezoned from an "Institutional - I" zone to a "Residential Type 2 - R2" zone: \ \ .. _J --- 443 \ R 21r.l '74 \ I \ I : I 2:'2