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THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 5276
A BY-LAW TO REGULATE THE USE OF LAND, BUILDINGS AND
STRUCTURES WITHIN THE TOWN OF PERTH
(ZONING BY-LAW)
WHEREAS, authority is granted pursuant to Section 34 of the Planning Act,
R.S.O. 1990, to Councils of Municipalities to enact by-laws regarding the use
and the erection and use of buildings or structures within a municipality;
AND WHEREAS, the Committee of the Whole reviewed Report 2026-COW-12.1
and concurs with the staff recommendation to pass a by-law to regulate the
use of land, buildings and structures within the Town of Perth.
NOW THEREFORE BE IT RESOLVED THAT, the Council of The Corporation
of the Town of Perth enacts as follows:
1 . That By-law No. 5276, being a by-law to regulate the use of land,
buildings and structures within the Town of Perth (Zoning By-law),
attached hereto as Schedule 'A', is hereby adopted.
EFFECTIVE DATE:
This By-law shall come into force and effect on the date it is finally passed by
Council of The Corporation of the Town of Perth.
Read a first, second and third time and finally passed this ^0
2026.
day of
Judy
Amanda Noel, Clerk
1
(Seal)
Town of Perth By-law 5276
Page 1 of 214
The Corporation of the Town of Perth Comprehensive
Zoning By-Law No. 5276
Passed by Town Council August 20, 2026
Town of Perth By-law 5276
Page 2 of 214
i
Table of Contents
Section 1. Title & Conformity Requirements ................................................................................................... 1
1.1
Explanatory Note .................................................................................................................................. 1
1.1
Title ...................................................................................................................................................... 1
1.2
Compliance ........................................................................................................................................... 1
1.3
Compliance of Severances - subdivision of land...................................................................................... 1
1.4
Application to Building........................................................................................................................... 1
Section 2.
Administration ............................................................................................................................. 2
2.1
Explanatory Note ................................................................................................................................... 2
2.2
Applications and Plans ........................................................................................................................... 2
2.3
Defined Area ......................................................................................................................................... 2
2.4
Enforcement ......................................................................................................................................... 2
2.5
Inspection of Land, Buildings and Structures........................................................................................... 3
2.6
Penalty ................................................................................................................................................. 3
2.7
Remedies .............................................................................................................................................. 3
2.8
Repeal and relationship to Former By-laws ............................................................................................. 4
2.9
Validity ................................................................................................................................................. 4
2.10
Other By-laws, Licenses, Permits and Regulations................................................................................... 4
2.11
Conflict ................................................................................................................................................. 5
2.12
Metric and Imperial Terms .................................................................................................................... 5
2.13
Level of Accuracy .................................................................................................................................. 5
2.14
Resolution of Requirements .................................................................................................................. 5
2.15
Diagrams and Figures ............................................................................................................................ 5
2.16
Reference to Legislation ........................................................................................................................ 5
2.17
Technical Revisions to the Zoning By-law ................................................................................................ 5
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2.18
Interpretation ....................................................................................................................................... 6
2.19
Defined Terms....................................................................................................................................... 6
Section 3.
Definitions .................................................................................................................................... 7
Section 4.
General Provisions .......................................................................................................................61
4.1
Accessory Buildings ..............................................................................................................................61
4.2
Additional Residential Unit ...................................................................................................................66
4.3
Amenity Space .....................................................................................................................................67
4.4
Auto Services Stats, Gas Bar, Automobile Washing Establishment ..........................................................68
4.4.1 Separation of Car Wash from Residential Zone .....................................................................................69
4.4.2 Required Vehicle Queue Space .............................................................................................................69
4.4.3 Landscaping .........................................................................................................................................70
4.5
Bed and Breakfast Establishments .......................................................................................................70
4.6
Buildings to be Moved..........................................................................................................................71
4.7
Canals or Water Diversion....................................................................................................................71
4.8
Cannabis Production and Processing ....................................................................................................71
4.9
Cannabis Retail Store or Dispensary .....................................................................................................72
4.10
Change of Use ......................................................................................................................................73
4.11
Cumulative Standards ..........................................................................................................................73
4.12
Established Building Line ......................................................................................................................73
4.13
Fences .................................................................................................................................................73
4.14
Frontage on and Access to a Public Street and Exemptions ..................................................................73
4.14.1 Public Street ........................................................................................................................................73
4.14.2 Exemptions ..........................................................................................................................................74
4.14.3 Lands Subject to a Subdivision or Access Agreement ............................................................................74
4.14.4 Frontage on a Provincial Highway.........................................................................................................74
4.15
Garden Suite ........................................................................................................................................74
4.16
Group Homes ......................................................................................................................................75
4.17
Height Exceptions ................................................................................................................................75
4.18
Home Based Businesses .......................................................................................................................76
4.18.1 Scope of Permitted Home Based Businesses.........................................................................................76
4.18.2 Prohibited Uses ....................................................................................................................................77
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4.18.3 Regulations for Home-Based Businesses...............................................................................................77
4.18.4 Employees, Hours and Parking for Home Based Businesses ..................................................................78
4.19
Illumination .........................................................................................................................................79
4.20
Keeping of Animals ..............................................................................................................................79
4.21
Kennels and Animal Shelters ................................................................................................................79
4.22
Land Suitability for Use ........................................................................................................................80
4.23
Landscaped Open Space, Planting Strips and Visual Buffer Strip ...........................................................80
4.24
Licenses, Permits, and Other By-laws ...................................................................................................82
4.25
Loading/Delivery Space Requirements .................................................................................................83
4.26
Lot Coverage Exemption ......................................................................................................................84
4.27
Lot Coverage - Impervious Surfaces .....................................................................................................84
4.28
Medical Marijuana Production Facilities ...............................................................................................84
4.29
Separation Distances (Special Setbacks)................................................................................................85
4.29.1 Waste Management Facility .................................................................................................................85
4.29.2 Industrial Use .......................................................................................................................................85
4.29.3 Noise and Vibration .............................................................................................................................86
4.29.4 Wetland/Watercourse ..........................................................................................................................86
4.30
Non-Conforming Uses, Buildings and Structures ...................................................................................87
4.30.1 Non-Conforming Uses ..........................................................................................................................87
4.30.2 Lots Having Less Area and/or Frontage .................................................................................................87
4.31
Human Occupancy Restriction .............................................................................................................87
4.32
Outdoor Storage and Outdoor Display .................................................................................................88
4.33
Parking and Storage of Motor Vehicles, Bicycles - Drive Through Services............................................89
4.33.1 General Exterior Parking Requirements ................................................................................................89
4.33.2 Parking for Residential Use...................................................................................................................90
4.33.3 Parking of Commercial and Recreational Vehicles in Residential Zones .................................................90
4.33.4 Driveways ............................................................................................................................................91
4.33.5 Parking Construction and Coverage in Residential Zones ......................................................................93
4.33.6 Tandem Parking Spaces........................................................................................................................93
4.33.7 Queue Space ........................................................................................................................................94
4.33.8 Parking Area for more than Four Vehicles ............................................................................................94
4.33.9 Dimensions of Parking Spaces ..............................................................................................................94
4.33.10
Calculation of Required Parking ...................................................................................................95
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4.33.11
Barrier-Free Parking .....................................................................................................................95
4.33.12
Parking Requirements for Existing Buildings .................................................................................96
4.33.13
Parking Requirements in Town of Perth's Downtown (Town Core) ...............................................96
4.33.14
Alternative Location of Parking Space(s) .......................................................................................97
4.33.15
Cash-in-lieu of Parking .................................................................................................................97
4.33.16
Bicycle Parking and Storage..........................................................................................................97
4.33.17
Provisions for Drive-through Services ...........................................................................................98
4.34
Parking Requirements Table .................................................................................................................99
4.35
Permitted Projections ........................................................................................................................107
4.36
Prohibited Uses ..................................................................................................................................109
4.37
Railway Setbacks................................................................................................................................109
4.38
Source Water Protection Regulations .................................................................................................110
4.39
Rooming House, Boarding House and Hostels ....................................................................................111
4.40
Sight Triangle .....................................................................................................................................111
4.41
Signs ..................................................................................................................................................112
4.42
Storage Containers and Storage Trailers .............................................................................................112
4.43
Streets Parks, Playgrounds, and Community Gardens .........................................................................114
4.44
Temporary Buildings or Structures during Construction .....................................................................114
4.45
Through Lots ......................................................................................................................................115
4.46
Public Uses ........................................................................................................................................115
4.47
Water and Sewage Disposal Services .................................................................................................115
Section 5.
Interpretation ............................................................................................................................117
5.1.
Zone Classification .............................................................................................................................117
5.2.
Use of Zone Symbols ..........................................................................................................................117
5.3.
Holding Zone .....................................................................................................................................118
5.4.
Interpretation of Zone Boundaries .....................................................................................................118
5.5.
Multiple Zones Applying to One Property ...........................................................................................119
5.6.
Correction of Minor Administrative Errors ..........................................................................................119
Section 6. Residential First Density (R1) Zone ..................................................................................................120
6.1
Permitted Uses ..................................................................................................................................120
6.2
Zone Requirements ...........................................................................................................................120
6.3
Additional Requirements ....................................................................................................................121
6.4
Exception Zones.................................................................................................................................121
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Section 7. Residential Medium Density (R4) Zone ............................................................................................133
7.1
Permitted Uses ..................................................................................................................................133
7.2
Zone Requirements ...........................................................................................................................133
7.3
Additional Requirements ....................................................................................................................134
7.4
Exception Zones.................................................................................................................................134
Section 8. General Commercial (C1) Zone ........................................................................................................151
8.1
Permitted Uses ..................................................................................................................................151
8.2
Zone Requirements ............................................................................................................................152
8.3
Additional Requirements ....................................................................................................................152
8.4
Exception Zones .................................................................................................................................153
Section 9. General Commercial Professional (C1P) Zone ...................................................................................155
9.1
Permitted Uses ..................................................................................................................................155
9.2
Zone Requirements Residential Uses..................................................................................................155
9.3
Additional Requirements ....................................................................................................................155
9.4
Exception Zones .................................................................................................................................156
Section 10. Highway Commercial (C2) Zone .....................................................................................................160
10.1
Permitted Uses ..................................................................................................................................160
10.2
Zone Requirements ............................................................................................................................161
10.3
Additional Requirements ....................................................................................................................162
10.4
Exception Zones .................................................................................................................................163
Section 11. Neighbourhood Commercial (C3) Zone ..........................................................................................176
11.1
Permitted Uses ..................................................................................................................................176
11.2
Zone Requirements ............................................................................................................................176
11.3
Additional Requirements ....................................................................................................................176
11.4
Exception Zones .................................................................................................................................177
Section 12. Service Commercial (C4) Zone .........................................................................................................180
12.1
Permitted Uses ..................................................................................................................................180
12.2
Zone Requirements ............................................................................................................................180
12.3
Exception Zones .................................................................................................................................180
Section 13. Business Park (C5) Zone.................................................................................................................181
13.1
Permitted Uses ..................................................................................................................................181
13.2
Zone Requirements ............................................................................................................................181
13.3
Additional Requirements ....................................................................................................................182
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13.4
Exception Zones .................................................................................................................................183
Section 14. Restricted Industrial (M1) Zone .....................................................................................................187
14.1
Permitted Uses ..................................................................................................................................187
14.2
Zone Requirements ............................................................................................................................187
14.3
Additional Requirements ....................................................................................................................187
14.4
Exception Zones .................................................................................................................................188
Section 15. General Industrial (M2) Zone .........................................................................................................190
15.1
Permitted Uses ..................................................................................................................................190
15.2
Zone Requirements ............................................................................................................................190
15.3
Additional Requirements ....................................................................................................................191
15.4
Exception Zones .................................................................................................................................191
Section 16. Waste Management Facility (WMF) Zone ......................................................................................192
16.1
Permitted Uses ..................................................................................................................................192
16.2
Zone Requirements ............................................................................................................................192
16.3
Additional Requirements ....................................................................................................................192
Section 17. Institutional (I) Zone ......................................................................................................................193
17.1
Permitted Uses ..................................................................................................................................193
17.2
Zone Requirements ............................................................................................................................193
17.3
Additional Requirements ....................................................................................................................193
17.4
Exception Zones .................................................................................................................................193
Section 18. Open Space (OS) Zone ...................................................................................................................196
18.1
Permitted Uses ..................................................................................................................................196
18.2
Zone Requirements ............................................................................................................................196
18.3
Additional Requirements ....................................................................................................................196
18.4
Exception Zones .................................................................................................................................196
Section 19. Environmental Protection (EP) Zone ..............................................................................................198
19.1
Permitted Uses ..................................................................................................................................198
19.2
Zone Requirements ............................................................................................................................198
19.3
Additional Requirements ....................................................................................................................198
19.4
Exception Zones .................................................................................................................................199
Section 20. Flood Plain (FP) Zone .....................................................................................................................201
20.1
Permitted Uses ..................................................................................................................................201
20.2
Zone Provisions .................................................................................................................................202
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20.3
Additional Provisions .........................................................................................................................202
20.4
Special Exception Zones .....................................................................................................................203
Table of Figures
Figure 1 - Height
Figure 2 - Types of Lots
Figure 3 - Types of Yards
Table of Tables
Table 1 - Zone Regulations for Accessory Uses
Table 2 - Driveways
Table 3 - Location of Driveway Entrance on a Corner Lot
Table 4 - Required Size of Parking Spaces
Table 5 - Barrier-Free Parking Requirements
Table 6 - Parking Requirements
Table 7 - Provisions for Permitted Projections
Table 8 - Storage Containers and Storage Trailers
Town of Perth By-law 5276
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viii
The Corporation of the Town of Perth By-By-law No. 5276
Being a By-law to regulate the use of land, buildings and structures within
the Town of Perth;
WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O. 1990, to Councils
of Municipalities to enact by- laws regarding the use and the erection and use of buildings or
structures within the municipality;
NOW THEREFORE the Council of the Corporation of the Town of Perth enacts as follows:
(Text of Zoning By-law)
Read a first and second time this 20 day of August 2026.
Read a third time and adopted this 20 day of August 2026.
Judy Brown
Amanda Noël
Mayor
Clerk
Certified that the above is a true copy of By-law No. 5276 as enacted and passed by the Council of the
Corporation of the Town of Perth on the 20th day of August 2026.
Amanda Noël
Clerk
Town of Perth By-law 5276
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Town of Perth Zoning By-law 5276
1
1.1
Explanatory Note
This section establishes the authority of the By-law. As specified by the
provisions below, all land uses, buildings and structures must comply with this
Zoning By-law.
1.2
Title
This By-law shall be known as the Zoning By-law or By-law No.5276 of the
Corporation of the Town of Perth.
1.3
Compliance
No land, building or structure shall be used and no building or structure shall
be erected or enlarged, altered or placed for any purpose within the land area
subject to this By-law, except as specifically, or by necessary implication,
authorized by this By-law and in conformity with all the applicable provisions of
this By-law.
1.4
Compliance of Severances - subdivision of land
Subject to the granting of such minor variances as may be approved, no
existing lot shall be subdivided by severance or any other planning approval if
the effect of such an approval is to cause the original, adjoining, remaining or
new building, structure, lot or use of land to be in contravention of any
provision of this By-law.
1.5
Application to Building
Where a use does not take place within a building, but a regulation in this By-
law imposes a requirement premised on the use being in a building, the
requirement applies, with necessary modifications, as though the actual area or
space occupied by the use was in a building.
Section 1.
Title & Conformity Requirements
Town of Perth By-law 5276
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Town of Perth Zoning By-law 5276
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2.1
Explanatory Note
Section 2 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 the By-law applies, how it is to be enforced, etc. In essence, it identifies the
legal parameters within which the By- law functions.
2.2
Applications and Plans
In addition to the requirements of the Town of Perth Building By-law, every
application for a building permit shall be accompanied by information required to
determine compliance with this By-law including where required, a site plan
drawing. The regulations of this By-law must be met before a building permit is
issued by the Municipality for the erection of any building or structure.
Explanatory Note for Site Plan Drawings
A site plan drawn to scale should be prepared which illustrates:
-
The true dimensions of the lot to be built upon,
-
The proposed location, height and dimensions of any proposed building
or structure,
-
The setbacks of all existing and proposed buildings or structures from
the nearest lot lines; the location and number and dimensions of
parking spaces (conventional, cycling and barrier-free), parking aisles,
driveway access, parking areas, loading spaces and daylighting
triangles,
-
The location of utility easements, fire hydrants and sidewalks,
-
Landscaping details, lot grading and on-site storm water features
-
Natural features such as wetlands, water bodies and flood prone areas
2.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal
boundaries of the Corporation of the Town of Perth.
2.4
Enforcement
This By-law shall be administered by the Director of Development Services or a
By-law Enforcement Officer working under the supervision of said Director or
such other person as may from time to time be designated by Council, and no
permit for the use of land or for the erection or use of any building or structure
or approval of an application for any municipal license within the jurisdiction the
Council shall be issued or given where the proposed building, structure or use
would be a violation of any provision of this By-law.
Section 2.
Administration
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2.5
Inspection of Land, Buildings and Structures
a) Subject to Section 49 of the Planning Act, 1990, the Chief Building
Official or other such person as may from time-to-time be designated by
Council or any person acting under his or her instructions, and upon
producing proper identification, may, at all reasonable times, enter and
inspect any property on or in respect of which he or she believes a
contravention is occurring.
b) Notwithstanding any provisions of 2.4 Enforcement to the contrary, no
officer or any person acting under an officer's instruction, shall enter any
room or place actually being used as a dwelling unit without obtaining
the consent of the occupier, first having informed the occupier that the
right of entry may be refused, except under the authority of a search
warrant issued under the Provincial Offenses Act.
2.6
Penalty
a) Every person who contravenes this by-law, passed under Section 34 of
the Planning Act and, if the person is a corporation, every director or
officer of the corporation who knowingly concurs in the contravention, is
guilty of an offence and on conviction is liable,
i) on a first conviction to a fine of not more than $25,000; and
ii) on a subsequent conviction to a fine of not more than $10,000 for
each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted.
b) Where a corporation is convicted under subsection (1), the maximum
penalty that may be imposed is,
i) on a first conviction a fine of not more than $50,000; and
ii) on a subsequent conviction a fine of not more than $25,000 for each
day or part thereof upon which the contravention has continued after
the day on which the corporation was first convicted,
c) Where a conviction is entered under the above subsection (2.6.1 or 2.6.2),
in addition to any other remedy or any penalty provided by law, the court
in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted.
2.7
Remedies
a) Any such fine levied under this section shall be recoverable pursuant to
the provisions of the Provincial Offences Act.
b) In case any building or structure is, or is proposed to be, erected, altered,
or reconstructed in contravention of any requirement of this By-law, or any
building or structure is, or is proposed to be, used in contravention of any
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Town of Perth Zoning By-law 5276
4
requirement of this By-law, such contravention may be restrained by
action at the insistence of any ratepayer or by the Corporation, pursuant to
the provisions of the Municipal Act.
c) Where a person guilty of an offence under this By-law has been ordered to
remedy a violation and has failed to comply, such remedy shall be done by
the Township at the expense of the owner.
d) Where a person has refused or failed to reimburse the Township for the
cost of such remedy, same may be recovered by the Township by court
action or other means available to it, and such amount may be added to
the collector's roll and form a lien in a like manner as municipal taxes,
pursuant to the Municipal Act.
e) Where any by-law of the Township, passed under the authority of the
Planning Act is contravened and a conviction entered, in addition to any
other remedy and/or penalty imposed by the By-Law, the Court in which
the conviction has been entered, and any court of competent jurisdiction,
thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person or persons convicted.
2.8
Repeal and relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed
under Section 34 of the Planning Act, 1990, or its predecessor, are hereby
repealed.
The adoption of this By-law shall not prevent any pending or future prosecution
of, or action to abate any existing violation of the said By-laws if the violation is
also a violation of any of the provisions of this By-law.
2.9
Validity
Should any Section or part of a Section of this By-law or a Schedule hereto be
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the provisions of this By-law as a whole or any part thereof other than the
part declared to be invalid.
2.10 Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the, Town of Perth or from
applying for and obtaining any permit, license, permission, authority or approval
required by this or any other By-law or regulation of the Corporation or by any
regulation or requirement of the Province of Ontario or the Government of
Canada.
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2.11 Conflict
In the event of conflict between this By-law and amendments thereto, and any
general or special By-law, the most restrictive By-law shall prevail.
2.12 Metric and Imperial Terms
The imperial measurements contained in this By-law are included for
convenience and do not form part of the By-law. The metric measurements
contained in this By-law are the only measurements to be used in determining
compliance with the By-law.
2.13 Level of Accuracy
All calculations of the requirements and measurements of this By-law or to
determine compliance with the By-law shall be to one decimal place, and in all
cases, rounding shall be up to the next single decimal place; e.g. 5.33 and 5.38
shall both be rounded to 5.4. Notwithstanding the preceding, parking and
loading standards shall be rounded up to the whole number for determining
spaces.
2.14 Resolution of Requirements
In the event of any conflict between two or more requirements or standards
establish in this By-law, the more restrictive regulation(s) shall apply.
2.15 Diagrams and Figures
This By-law contains a number of diagrams and figures which are intended to
assist with the interpretation of the By-law; however, they do not form part of
this By-law unless otherwise stated and, in the event of a potential conflict with
the text of the By-law the text shall prevail.
2.16 Reference to Legislation
Where this Zoning By-law makes reference to legislation, then the references
shall be deemed to mean the statute currently in force and any amendments
thereto or replacements thereof and all applicable regulations thereunder.
2.17 Technical Revisions to the Zoning By-law
Revisions may be made to this by-law without the need for a zoning by-law
amendment in the following cases:
a) Correction of grammar, spelling or typographical errors or revisions to
format in a manner that does not change the intent of the By-law.
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b) Adding or revising technical information on the zoning maps or schedules
that does not affect the zoning of lands including, but not limited to,
matters such as updated and correcting infrastructure information, keys,
legends or title blocks
c) Changes to appendices, headings indices, marginal notes, table of
contents, illustrations, historical or reference information, page
numbering, footers or headers, which do not form part of this By-law and
are editorially inserted for convenience or reference only.
d) Correction of metric to imperial measurement conversion where the
imperial is not an accurate representation of the metric requirement.
2.18 Interpretation
a) The Legislation Act: The Legislation Act, S.O. 1990 c. 21, Schedule. F
and any amendments to or superseding legislation applies to this By-law,
particularly but not exclusively, for the purposes of interpretation and
application of timelines, reference Sections 87, 88 and 89.
b) Definitions: Definitions are given in this By-law to aid in the
understanding and implementation of the true spirit, intent and meaning of
the By-law. They are not to be used to avoid an obligation imposed by the
By-law or any requirement enacted in a substantive provision of the By-
law.
c) Citation: This By-law may be cited by its long title ("A By-law to Regulate
the Use of Land, Buildings and Structures within the Town of Perth"), its
short title ("Town of Perth Zoning By-law") or its by-law number, and any
such citation is to be taken as meaning the By-law as amended.
d) Gender Neutrality: This By-law is gender neutral and, accordingly, any
reference to one gender includes the other.
2.19 Defined Terms
Defined terms will be shown in bold, italicized script throughout this By-law
most permitted uses are defined terms and generally will not be bolded in the
permitted use section of a zone category. For the purpose of this By-law, the
definitions and interpretations given in this Section shall govern. In this By-law,
the word "shall" is mandatory and not directory; words in the singular include
the plural, words in the plural include the singular; the word "used" includes
"arranged", "designed" or "intended to be used". The word "occupied" shall
include "designed to be occupied" and "arranged to be occupied".
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Access:
Shall mean a way or means or approach to provide vehicular or pedestrian physical entrance
to a lot or property.
Accessory:
When used to describe a use, building or structure, shall mean a use, building, or
structure naturally or normally incidental, subordinate and exclusively devoted to a main
use, building or structure and located on the same lot therewith.
Accessory Commercial Use or Service Outlet
Means a retail use that is accessory and incidental to a permitted non-residential use and
does not occupy more than 25 percent of the gross floor area of the buildings or structures.
Accommodation Room (See Guest Room)
Addition
Shall mean any construction which increases the size of a building such as a porch,
attached garage, carport, or a new room.
Additional Residential Unit:
Shall mean an accessory use to the principal dwelling on the property, consisting of a self-
contained residential unit with sleeping, kitchen, and bathroom facilities, within a principal
single detached, semi-detached, or townhouse dwelling or within an accessory structure to a
single detached, semi-detached or townhouse dwelling, but shall not include a boarding
house, group home, lodging establishment, hotel, motel, rental cabin or similar commercial
use, as defined herein.
Adult Care Centre
Shall mean a premises used to deliver a daily program of structured and supervised care,
services, and activities for seniors or persons with disabilities.
Adult Entertainment Use
Shall mean any premises or part thereof in which is provided, in pursuance of a trade,
calling, business or occupation, retail sale of goods or services or entertainment, including
video and digital materials, appealing to or designed to primarily appeal to erotic or sexual
appetites or inclinations. Adult Entertainment Use also includes an Adult Entertainment
Parlour, an Adult Specialty Shop and a principal use Body Rub Parlour.
Adverse Effect
Shall means one or more of:
a) impairment of the quality of the natural environment for any use that can be made of it;
Section 3.
Definitions
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b) injury or damage to property or plant or animal life;
c) harm or material discomfort to any person;
d) an adverse effect 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
Affordable Ownership Housing
Shall mean the least expensive of:
a) Housing for which the purchase price results in annual accommodation costs which
do not exceed 30 percent of gross annual household income for low- and moderate-
income households; or
b) Housing for which the purchase price is at least 10% below the average purchase
price of a resale unit in the Town.
Affordable Rental Housing
Shall mean the least expensive of:
a) a unit for which the rent does not exceed 30 percent of gross annual household
income for low- and moderate-income households; or,
b) a unit for which the rent is at or below the average market rent of a unit in the regional
market area.
Agricultural Products Processing Facility
Shall mean an establishment engaged in the storage, grading, processing and wholesale
distribution of agricultural products such as meat, fish, poultry, eggs and dairy, vegetable,
fruit, honey, wool, fur, lumber or wood products. This definition shall not include a Cannabis
Processing facility, as defined herein.
Agricultural Use
Shall mean the use of land, buildings or structures for:
a) Growing crops, outdoor and/or indoor growing of crops including Cannabis, as well as
all related activities such as fertilizing, planting, spraying, irrigating, harvesting and the
storage and sale of crops produced;
b) Raising, breeding, boarding, training, keeping and/or sale of livestock, including the
raising and sale of fish;
c) Collection, production, storage and sale of animal products such as milk, eggs, wool,
fur or honey;
d) Greenhouse or nursery garden, including storage and sale of products produced;
e) Planting, harvesting and sale of forest products, including maple syrup;
f) Use and storage of all equipment related to the foregoing activities.
g) Agricultural use shall not include commercial or industrial activities such as abattoirs,
tanneries, kennels or manufacturing activities involving crops, animal products, lumber
or wood products. This definition shall not include a Cannabis Processing facility, as
defined herein.
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Air Treatment Control
Shall mean when used in reference to a Cannabis Processing facility as herein defined,
shall mean an industrial grade air filtration system designed by a qualified person, used to
reduce and/or treat the emission of pollen, dust and/or odours expelled from a facility.
Aisle
Shall mean the traveled way by which motor vehicles enters and depart parking spaces or
loading spaces but does not include a driveway or lane as otherwise defined herein.
Alter, Alteration
When used in reference to a building, structure or part thereof, shall mean:
a) to change any one or more of the internal or external dimensions of such building or
structure; or
b) to change the type of construction of the exterior walls or roof of such building or
structures; or
c) To change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
When used in reference to a lot shall mean:
d) to change the boundary of such lot with respect to a street or lane, whether such
alteration is made by conveyance or alienation of any portion of the lot, or otherwise;
or
e) to change any dimension or area, relating to such lot (e.g. width, depth or area of a lot
or required yard, landscaped open space or parking area); or
f) to change the use of such lot or the number of uses located thereon.
When used in reference to a shoreline shall mean:
g) to change, straighten, divert or interfere in any way with the channel of any water
body.
Altered and alteration shall have corresponding meanings.
Alternative Energy System
Shall mean a system that uses sources of energy or energy conversion processes to
produce power, heat and/or cooling that significantly reduces the amount of harmful
emissions to the environment (air, earth and water) when compared to conventional fossil
fuel burning systems.
Ambulance Facility
Shall mean a building or part thereof where professional paramedics and personnel are
stationed, and their motor vehicles and equipment are kept or stored.
Amenity Space
Shall mean a space within a building or outside of a building which provides an active
and/or passive recreation area for the exclusive use of the occupant of the dwelling unit for
which it is intended to apply.
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Amusement Machine
Shall mean a mechanical or electronic machine or device intended for use as a game,
entertainment or amusement offered for use to the public for profit or gain, and shall include,
but not be limited to, a pinball machine, video game, shooting gallery, video pokers, video
lottery terminals or any slot machine that dispenses any form of prize.
Angle To the Street
Means the angle created between a street-line and the projection of a line parallel to the
plane of a building wall or, in the case of a garage, the plane of a vehicle entrance, said line
drawn with the intersection located at the point where a line from the closest part of the
building or entrance drawn perpendicular to the street meets the street line.
Animal Day Care Establishment
Shall mean a commercial enterprise providing a day care service for domestic pets but shall
not involve overnight accommodation and excludes an animal shelter or commercial or
private kennel and may only operate in zones where the use is specifically permitted.
Animal Hospital
Shall mean a building, structure or establishment used as the premises of a veterinarian or
veterinary surgeon where animals, birds or other livestock are examined, or treated and
which may be kept on a short-term basis but does not include a commercial or private kennel
or research facility.
Animal Shelter
Shall mean a building occupied by a non-profit or charitable animal care establishment or a
publicly funded animal control service, for the purpose of providing temporary emergency
shelter to abandoned, rescued, or impounded domestic, animals, other than farm livestock,
but does not include a kennel, animal day care establishment, animal hospital or animal
research facility.
Apartment Building See Dwelling - Apartment
Arcade or Video Arcade
Shall mean an establishment or any portion of an establishment, where more than three
amusement machines are available for public use and are operated for commercial gain,
but does not include premises licensed to serve alcohol, a seasonal agricultural fair, an
amusement park or the premises of a non-profit organization, association, institution, or
private club which is operated for social, educational, recreational, religious or fraternal
purposes.
Artist Studio
Shall mean the workplace of an artist or craftsperson, including a painter, a sculptor, a
photographer, or where goods including jewellery or fine art, such as paintings or sculptures,
pottery, leather works and woodworking are produced in small quantities and may be
provided for sale.
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Assembly Hall See Place of Assembly
Assumed
With respect to a public road shall mean: an open public road constructed for vehicle use and
adopted for year-round maintenance under a By-law passed by the Town of Perth after 1976
or maintained on a year-round basis by the Town of Perth prior to and continuously since
1976.
Attached
Shall mean a building or structure otherwise complete in itself, which is connected to, and
which depends for structural support upon a division wall or walls shared in common with an
adjacent building or buildings.
Attic
Shall mean that portion of a building immediately below the roof and wholly or partly within
the roof framing.
Auction Hall or Site
Shall mean any premises used for the storage of goods or materials which are to be sold on
the premises by public auction, and for the sale of the said goods and materials by public
auction.
Audio/Visual Studio
Shall mean a premises, wherein audio or visual materials are recorded, produced, edited, or
broadcast and, without limiting the generality of the foregoing, includes: broadcasting stations
for radio, television, or webcast/internet productions, and television studios, sound and audio
recording studios, motion picture studios, and digital media production studios.
Auditorium See Place of Assembly
Auto Body Shop
Shall mean a premises with a service bay or paint booth, where painting, refinishing,
restoration, alterations, or repairs of a cosmetic or structural nature are made to motor
vehicle bodies and/or frames but does not include an auto service station, an auto repair
garage or salvage yard. (See Wrecking Yard)
Auto Repair Garage
Shall mean a premises for the repair and servicing of motor or recreational vehicles, and
the temporary storage of vehicles pending repair, having at least one (1) service bay where
repairs essential to the actual operation of a motor vehicle are performed but does not
include an auto body shop or a wrecking yard.
Automotive Sales Establishment
Shall mean a premises used principally for the display, storage and sales or leasing, or
renting of new and/or used motor vehicles and related products, which shall include an
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administrative office and may include: customer service areas, indoor vehicle display
space, vehicle washing and detailing bays, and accessory uses such as an auto repair
garage and/or auto body shop but does not include the sales, leasing or servicing of
recreational vehicles.
Auto Service Station
Shall mean a premises for the sale of fuel, lubricants and accessories for motor vehicles or
recreational vehicles to the consumer and having at least one (1) service bay where repairs
essential to the actual operation of motor vehicles may be performed. accessory uses may
include rest rooms, the incidental sale of packaged foods, beverages and convenience goods
and the limited sale of motor vehicles. (See also Gas Bar, Card Lock Facility)
Automobile Washing Establishment
Shall mean a commercial premises used for the washing, detailing or cleaning of motor
vehicles. An automobile washing establishment may be an accessory use to a permitted
automotive use. This definition shall also include a self-service car wash.
Automobile Wrecking Yard See Wrecking Yard
Bachelor Apartment or Suite
Shall mean a dwelling unit, consisting of a bed-sitting room combination, a kitchen or
kitchenette, a bathroom, and spaces normally accessory thereto. A kitchen may be exempted
in an apartment dwelling or boarding house where meals are provided in a central location
to serve suites.
Bakery
Shall mean a factory for producing, packaging, mixing, compounding or baking of bread,
biscuits, ice cream cones, cakes, cookies, pies, buns, or any other baked or cooked product,
of which flour or meal is the principal ingredient. It may include an accessory area for the
display and sale of goods produced or used on site but does not include any form of
restaurant or other uses defined herein.
Bake Shop
Shall mean a shop where baked food products and associated goods are sold or offered for
sale by retail, including incidental baking of products for sale, and may include accessory
space for consumption of the goods retailed but does not include any form of restaurant as
defined herein.
Balcony
Shall mean an elevated outdoor platform located more than one (1) metre above the finished
grade that projects from the face of a building's wall, being cantilevered or supported by
columns or brackets, and surrounded by a balustrade or railing.
Bank
Shall mean a chartered bank, finance company office, co-op, trust company, loan company or
similar establishment.
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Barrier Free
Shall mean buildings, structures, or facilities, which are designed to be approached,
entered, and/or used by persons with physical or sensory disabilities.
Basement
Shall mean one storey of a building below the first storey.
Bed and Breakfast Establishment
Shall mean an accessory use to a private Single-detached in which guest rooms are
provided for temporary accommodation and a breakfast service is offered on a daily basis for
the traveling or vacationing public for a fee or gain.
Bicycle Parking Area
Shall mean a designated area for the exclusive parking of bicycles equipped with a bike rack
or racking system.
Bicycle Parking Space Rack or Racking system
Shall mean any structure, or series of structures, that is designed for the parking and/or
securing of bicycles in a standing/vertical position and which enables the securing of a
parked bicycle with an anti-theft device and includes the ancillary space or area abutting the
structure that is occupied by a stored bicycle.
Bingo Hall
Shall mean premises used for bingo events and associated activities and is duly registered
under the Gaming Control Act and may include a licensed restaurant or Café or Snack Bar
as an accessory use.
Block
When used in reference to, or in the context of, a street shall mean the land extending from
one intersection to the next intersection on the same side of the street or to the terminus of a
street; and when used in reference to, or in the context of, a parcel of land shall mean a block
described in a registered plan of subdivision or a comparable plan.
Boarding House (see also Rooming House)
Shall mean a dwelling within which a resident supplies rooms without food preparation
facilities for a fee, generally charged on a weekly or monthly basis, for the temporary lodging
of up to six (6) persons and may provide meals or a common dining facility but this use does
not include a bed and breakfast establishment, a hotel, a hostel, or other uses otherwise
classified or defined in this by-law.
Breeze way
Shall mean a roofed open passage connecting two or more buildings.
Brewery, Distillery or Winery
Shall mean a building used primarily for the manufacturing, processing and distribution of
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beer, cider, wine or alcoholic products and may include an accessory retail outlet. A bar, pub
or brewpub shall not be considered a microbrewery.
Buffer Strip or Area - Visual Buffer or Screen
Shall mean a landscaped or planted area reserved for the purpose of screening or
obstructing the view of buildings, land or structure, parking areas and outdoor storage
areas and/or shielding or blocking noise, lights or other nuisances by the planting of trees
and shrubs or the installation of berms, walls, or fences or a combination thereof.
Building
Shall mean any structure consisting of wall(s) and roof(s) and/or floor(s), or a structural
system serving the same purpose, and used or intended for sheltering any use or occupancy.
Building, Accessory See Additional Dwelling Unit
Building By-law
Shall mean the Building By-law of the municipality as enacted under the Building Code Act.
Building Envelope
Shall mean the buildable area on a lot, defined by all of the required yards and setbacks and
the maximum height provisions, within which a building can be erected.
Building Height See Height
Building Inspector or Building Official See Chief Building Official
Building Line
Shall mean a line within a lot drawn parallel or concentric 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 Line, Front
Shall mean the building line as measured from or determined by, the building, occupied by
or intended for, a permitted principal use, or a permitted, conforming accessory building,
which is closest to the front lot line.
Building, Main or Principal
Shall mean a building in which is conducted the principal uses of the lot on which the
building is situated. (Note: that on commercial, industrial and some multi-residential
properties there may be more than one main building)
Building, or Development, Mixed-Use
Shall mean a building or development site occupied by, or intended for, more than one type
of land use (e.g. retail commercial and residential, office and residential, industrial and retail)
that is designed and constructed as a single contiguous building or site.
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Building Permit
Shall mean a permit issued by the Chief Building Official or designate of the Corporation
under the Building By-law and the Building Code Act.
Building Separation
Shall mean the least horizontal distance permitted between the nearest portions of the walls
of any buildings on a lot.
Building Setback See Setback
Building Supply Store or Depot
Shall mean a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, hardware, air conditioning, home improvement and similar
goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk
storage yard. This definition shall not include a wrecking yard.
Bulk Fuel Depot
Shall mean a premises used for the storage, distribution of fuels and oils but not including
retail sales or key lock operations.
Bulk Fuel Storage
Shall mean any premises engaged in the bulk fuel storage and distribution of petroleum, fuel
oil, gas or other similar inflammable products in fuel storage tanks. The storage of such
products shall be limited to an above ground storage tank system, as defined by the
Environmental Code of Practice for Aboveground Storage Tank Systems Containing
Petroleum Products, of the Canadian Council of Ministries of the Environment, 1994.
Bulk Storage Yard
Shall mean a premises or accessory use area used for the storage in the open or partially
sheltered, of goods and materials and without limiting the foregoing shall include lumber,
building supplies, construction equipment, but shall not include a wrecking yard.
By-law Enforcement Officer
Shall mean one or more: officers, employees, or hired agents, of the Corporation charged
with the duty of administering and enforcing the provisions of one or more municipal by-laws.
Café or Snack Bar
Shall mean a premises or an accessory use to another permitted use where food and / or
beverages are prepared for sale to the public, which generally provides either a convenience
food menu or a limited specialty menu and is intended to serve the clients of a principal use
or the immediate community. When operated as a principal or non- accessory use a café
or snack bar shall be considered a take-out restaurant under this by-law.
Campground
Shall mean any parcel of land which is used to provide temporary accommodation for the
public or members of an organization in tents, trailers, tourist trailers or recreational vehicles.
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Cannabis
Shall mean a genus of flowering plants in the family Cannabaceae. Synonyms include but
are not limited to marijuana, and marihuana. This definition does not include the industrial or
agricultural production of hemp (a source of foodstuffs (hemp milk, hemp seed, hemp oil),
fiber and biofuels).
Cannabis Processing Facility
Shall mean any building or structure licensed by a federal agency which is authorized to
process, store and ship Cannabis and Cannabis products and may include growing and
cultivation of Cannabis.
Cannabis Retail Store or Dispensary
Shall mean the use of land, building, structure or any part thereof used for the retail sale of
Cannabis or any product or substance produced in whole or in part from Cannabis, and
shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis
Retail Corporation Act, 2017.
Canopy
Shall mean a roof-like structure projecting from the exterior face of a building or is a stand-
alone structure over a pump island or gas bar.
Carport
Shall mean an attached or detached structure which is accessory to a dwelling, and which is
covered but open on at least 60% of exterior walls and used for the sheltering of permitted
vehicles and storage of household equipment incidental to the residential occupancy.
Car Rental Agency
Shall mean premises where motor vehicles are kept for lease and where such vehicles may
be dropped off or picked up.
Car Wash See Automobile Washing Establishment
Card Lock Facility
Shall mean one or more pump islands designed for the retail sale of gasoline or diesel fuel
using pumps which are operated automatically by credit or debit cards. (See also Auto
Service Station)
Casino
Shall mean any place governed by the Gaming Control Act where games such as blackjack,
roulette, and approved forms of wheel of fortune, video lottery terminals, slot machines,
amusement machines are played by the public and supervised by an organization licensed
to carry out such a function by the gaming commission and in which accessory uses may
include an eating establishment, parking lot and similar support facilities.
Catering Establishment
Shall mean a commercial establishment in which food and beverages are prepared for
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consumption off the premises and are not served to customers on the premises.
Cellar
Shall mean that portion of a building between two floor levels, which is partly underground
and which has its ceiling less than 1.8 m above average finished grade.
Cemetery
Shall mean a cemetery within the meaning and as regulated by the Funeral, Burial and
Cremation Services Act, 2002 and includes a mausoleum, columbarium or other Building or
structure intended for the interment of human remains.
Cemetery, Pet
Shall mean a use of land for the interment of the remains of domestic pets.
Child Care Centre
Shall mean a premises operated by a person licensed under the Child Care and Early
Services Act to operate a childcare centre at the premises.
Chief Building Official
Shall mean an officer, employee, or hired agent of the Corporation charged with the duty of
enforcing the provisions of the Building Code Act.
Church See Place of Worship
Clinic
Shall mean a building or part of a building used solely for the purpose of consultations,
diagnosis and treatment of patients, by legally qualified medical health practitioners (e.g.
physicians, dentists, optometrists, chiropodists, chiropractors, drugless practitioners, and
physiotherapists ) together with their qualified assistants and without limiting the generality of
the foregoing, the building may include administrative offices, waiting rooms, laboratories,
pharmacies or dispensaries directly associated with the clinic, but shall not include overnight
accommodation for in-patient care or operating rooms for major surgery.
Club, Private
Shall mean a meeting place normally restricted to persons who are bona fide members and
who meet to participate in a specific activity.
Commercial
Shall mean the use of land, buildings, or structures for the purpose of buying and selling
commodities and supplying services as distinguished from such uses as the manufacturing or
assembling of goods, warehousing, transport terminals, construction, and other similar uses.
Commercial Greenhouse, Nursery or Garden Centre
Shall mean a building and/or outdoor area primarily used for the growing of flowers, sod,
vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for
wholesale or retail sale on or off the premises and may include the incidental sale of
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gardening supplies, planting materials fertilizers and equipment but excludes medical crop
production such as production of medical marijuana or Cannabis.
Commercial Parking Lot
Shall mean a premises the principal use of which is for the temporary parking of two or more
motor vehicles for a fee and includes a parking area accessory to one or more commercial
premises.
Commercial Vehicle See Motor Vehicle, Commercial
Common Hallway
Shall mean a hallway, accessed by two or more independent exist, which provides shared
access to the exterior exit of a building occupied by two or more dwelling units or
premises.
Communications Facility
Shall mean an installation which transmits, receives and/or relays communications such as a
microwave relay tower, telephone or telegraph line, cellular telephone tower, radio or
television broadcast tower or similar facility.
Community Centre See Place of Assembly
Community Garden
Shall mean a site administered by community members and/or a community or non-profit
organization where lands are partitioned into individual or shared plots used by members of
the community for the growing of produce, flowers and decorative plants for personal use or
non-profit purposes.
Condominium
Shall mean a building or part thereof which is held in separate private ownership and to
which or in which common elements are owned by the tenants in common (e.g. recreation
facilities, open space, outdoor areas etc.) and which is administered and maintained by a
corporation pursuant to the provisions of the Condominium Act. Such use may be for a
residential, commercial or Industrial Use.
Conservation Use
Shall mean the use of lands which are intended to remain open in character with the priority
use given to preservation of their ecological uniqueness, wildlife populations or other natural
heritage features and may include non-commercial, low impact, recreational uses.
Construct
Shall mean to do anything in the erection, installation, extension or alteration or repair of a
building and includes the installation of a building unit fabricated or moved from elsewhere.
Construction Yard or Contractor's Yard
Shall mean the yard of a building contractor or company used as a depot for the storage and
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maintenance of equipment used by the contractor or company, and may include facilities for
the administration or management of the business and the stockpiling or storage of supplies
used in the business, but does not include the crushing of virgin or recyclable aggregates or
materials and the wholesale or retail sale of building supplies or home improvement supplies.
Continuum-of-Care Facility
Shall mean a building or a group of buildings which may include a senior citizens
apartment building, home for the aged, nursing home, or a long-term care facility, a
retirement home and accessory facilities, including but not limited to, clinics, recreation
centers, cafeterias and personal service establishments, and may also include
independent senior's accommodation in separate structures/living units that share in
services such as meals. This definition does not include a group home, or boarding house.
Convenience Store or Confectionary Store
Shall mean a retail store used primarily for the sale of grocery and confectionary items and
incidentally for the sale of such other merchandise or sundries providing for the day-to-day
household needs of the surrounding community and may include a video rental outlet.
Convert
Shall mean to change the use of an existing lot or building, or a part thereof, to another use.
Converted Dwelling See Dwelling, Converted
Convention Facility See Place of Assembly
Corporation
Shall mean the Corporation of the Town of Perth except where reference is made in this by-
law to a private corporation, in which case the definition shall mean a body corporate with
share capital to which the Business Corporations Act applies.
Correction Home See Group Home Type B
Cottage Industry See Home Based Business
Council
Shall mean the Council of the Corporation of the Town of Perth.
County
Shall mean the Corporation of the County of Lanark.
County Road
Shall mean a street or highway under the jurisdiction of the County of Lanark.
Crawl Space
Shall mean a level or portion of a building below the first storey that has a floor to ceiling
height of less than 1.8 m (also see basement and cellar)
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Crisis Care Facility
Shall mean a residential facility that is licensed and funded by the Province of Ontario,
Government of Canada or an appointed agency, for the short term, temporary care of
persons requiring immediate emergency shelter and aid who are living under supervision in a
single housekeeping unit and who by reason of their emotional, mental, social or physical
condition or legal status, require a group living arrangement for their wellbeing.
Custom Workshop
Shall mean a premises used by a trade or crafts person or artisans for the individual custom
production of goods and articles. The sale of such products will be permitted as an
accessory use. Except in zones where specifically permitted, this use does not include any
automotive or motor vehicle repair, maintenance, painting, or customizing service.
Dairy
Shall mean a building used for the processing, production, storage and sale of dairy
products and may include a restaurant.
Day Lighting Triangle See Sight Triangle
Day Care, Licenced
Shall mean a day care facility licensed under the Child Care and Early Years Act and which
provides care for six or more children.
Day Care, Private Home
Shall mean the use of a dwelling unit for the temporary care of up to five children on a
commercial or non-profit basis.
Deck
Shall mean a structure Erect or Constructed above grade that is cantilevered from, a
dwelling or building, or is Erect or Constructed on piers or a foundation and immediately
abuts or is directly accessed from a dwelling or building and has no roof or walls except for
visual partitions and railings and is used as an outdoor living area.
Demolished
Shall mean with respect to a building or structure, the complete deconstruction or removal
of the roof together with any two exterior walls; or, where the entire roof is not removed or
there is no roof on a structure, the complete deconstruction of more than 50%; of the Floor
Area, Gross of a building or 50% of an existing structure exclusive of a basement or
crawl space.
Demolition
Shall mean the doing of anything in the removal of a building or structure or any material
part thereof.
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Density
Shall mean the ratio of number of dwelling units to one net hectare of land.
Detached
When used in reference to a building or structure, shall mean a building or structure
which is not structurally dependent on, nor adjoins on any side, any other building and is
separated from a main building by a minimum of 0.5 m.
Development
Shall mean the creation of a new lot, a change of 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.
Dish Antenna See Satellite Dish/Receiver
Domestic Pet
Shall mean cats, dogs, caged birds, aquarium fish, non-poisonous, non-venomous and non-
constricting arthropods, reptiles and amphibians, and small mammals including but not
limited to rabbits, gerbils, hamsters, guinea pigs, fancy mice and fancy rats.
Drive-in Restaurant -see Restaurant, Drive-in
Drive-Through Service
Shall mean a portion of a building designed for the provision or dispensing products or
services by an attendant, a window, or an automated machine, to persons remaining in motor
vehicles that are in a designated queuing space and may be in combination with other land
uses. Kiosks within a parking structure necessary for the operation of the parking facility or
a Commercial Parking Lot are excluded.
Driveway
Shall mean a vehicular access connected to only one public street or thoroughfare, which
provides ingress to and/or egress from a lot, but shall not include a lane or parking aisle as
defined herein.
Driving Range
Shall mean a public or private area operated for the purpose of practicing, developing or
teaching golfing techniques, and may include a miniature golf course. A range may be
accessory to a golf course but does not include a golf course.
Dry Cleaning Distribution Station
Shall mean a building used for the purpose of receiving goods of fabric primarily for
distribution to a dry cleaning establishment.
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Dry Cleaning Establishment
Shall mean a building in which the business of dry cleaning, dry dyeing, cleaning spotting,
stain removal, repair and/or pressing of articles and/or goods is carried on and may include a
dry cleaning distribution station.
Duplex Building See Dwelling, Duplex
Dwelling
Shall mean a building or part of a building occupied or capable of being occupied as the
home or residence, or sleeping place, by one or more persons, where food preparation and
sanitary facilities are provided, but shall not include a hotel or motel or any tent,
recreational vehicle or park model trailer.
Dwelling, Accessory Detached:
Shall mean a fully-detached dwelling which is accessory to a permitted non-residential use.
Dwelling - Apartment
Shall mean a building containing more than four (4) dwelling units other than a
dwelling, row house or townhouse or stacked dwelling, row house or townhouse.
Dwelling - Converted
Shall mean: an existing single-detached, a semi-detached dwelling, or a duplex dwelling,
which has or may be altered or converted to contain two (2) or more dwelling units but not
more than four (4) dwelling units.
Dwelling, - Duplex
Shall mean a building that is divided horizontally into two (2) dwelling units, each of which
has an independent exit.
Dwelling, - Fourplex or Quadruplex
Shall mean a building containing four (4) dwelling units each of which has an exit either
directly from the outside or through a common vestibule.
Dwelling, - Group or Group Housing or Group Housing Project
Shall mean a combination of dwelling types (e.g. semi-detached, triplex, row housing,
apartments) where there are two or more such dwellings located on the same lot, which lot is
retained under one ownership or registration and, where applicable, in compliance with the
Condominium Act.
Dwelling, Modular
Shall mean a prefabricated single-detached dwelling containing one (1) dwelling unit, built
in accordance with the Building Code (Note: a prefabricated or manufactured home shall
have the same meaning. Such dwelling types are distinguished from mobile homes which are
built on a chassis and transported on their own wheels.)
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Dwelling, Multiple
Shall mean a separate building designed exclusively to contain more than four (4) dwelling
units each of which has an independent exit either directly from the outside or through a
common vestibule, or combination thereof.
Dwelling, Row house or Townhouse
Shall mean a building that is divided vertically into three (3) or more dwelling units, each of
which has an independent exit at grade.
Dwelling, Semi-detached
Shall mean a building on a single foundation that is divided vertically into two (2) separate
dwelling units by a common wall.
Dwelling, Single-detached or detached
Shall mean a detached building containing one (1) dwelling unit, and shall include a
modular dwelling.
Dwelling, Stacked Townhouse
Shall mean a residential building, four storeys or less in height, containing up to eight
dwelling units where one upper storey unit is stacked above another dwelling unit
(maximum of two units in a stack), and in which each dwelling unit has an independent
exit to the exterior with no shared internal corridors.
Dwelling, Triplex
Shall mean a building or structure containing three (3) separate dwelling units, each of
which has an independent exit either directly from the outside or through a common
vestibule, or a combination thereof.
Dwelling Unit
Shall mean one or more habitable room or suites of two or more rooms, designed or
intended for use by and occupied by one or more individuals as a household in which
separate culinary and sanitary facilities are provided for the exclusive use of such household,
and with an independent exit from outside the building or from a common hallway or
stairway inside the building.
Easement
Shall mean the legal right acquired by contract to pass over, along, upon or under the lands
of another and includes an easement for a water, sewer, gas or hydro or communications
utility, drainage works, a street, road or access lane.
Eave
Shall mean a roof overhang, free of enclosing walls, without supporting columns.
Entertainment Establishment
Shall mean a building or premises used for a motion picture or cinema or other theatre,
auditorium, public hall, billiard or pool room, bowling alley, arcade, ice or roller skating rink,
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dance or music hall but does not include any facilities otherwise defined in this by-law, such
as a bingo hall, casino, arcade, amusement machine, or recreational commercial
establishment.
Equipment Rental Establishment
Shall mean a premises wherein the primary use is the rental of machinery, equipment,
furniture and fixtures and other goods.
Erect
Shall mean to build, construct, reconstruct, alter or relocate, enlarge and without limiting the
generality of the foregoing shall be taken to include any associated physical operation such
as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing
building or structure by an addition, deletion, enlargement or extension or other structural
change.
Established Building Line
Shall mean the average setback from the street-line to existing buildings (exclusive of
accessory buildings and structures such as a porch, veranda or enclosed stairs) on one
side of one block where more than one-half of the frontage of the same side of a Block has
been built upon.
Established Grade
Shall mean:
a) When used with reference to a building, the average elevation of the finished level of
the ground adjoining a wall of the building, measured along the length of the wall,
exclusive of any artificial embankments or berms or steps;
b) When used with reference to a structure, the average elevation of the finished surface
of the ground immediately surrounding such structure;
c) When used with reference to a street, road or highway, the elevation of the street, road
or highway established by the municipality or other designated authority.
Existing
Shall mean existing as of the date of the passing of this By-law.
Exterior Lighting
Shall mean any form of artificial illumination located outside of a building or structure.
Exterior Side Lot Line see Lot Line, Exterior Side
Exterior Side Yard see Yard, Side Exterior
Factory Outlet
Shall mean a premise accessory to a permitted Industrial Use, warehouse or commercial
use where products or goods that are manufactured, stored, packaged or produced on site by
the principal industry, warehouse or commercial use are kept for wholesale or retail sale on
the same lot as the principal use.
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Fairgrounds
Shall mean land, buildings and structures used for agricultural and related exhibits, sports
and competitive events, entertainment events, which are conducted on a seasonal or
temporary basis and may include grandstands, barns and other accessory buildings and
structures including: food concessions, a carnival or midway and camp sites normally
associated with such a use; ancillary uses may include public or private parks and a place
of assembly.
Farm Implement Sales and Service
Shall mean a building, structure or area where farm implements, equipment and farm
supplies are kept for sale at retail and may include facilities for the servicing of such
implements or equipment.
Farm Produce Stand
Shall mean a temporary, mobile display structure or trailer, occupied as an accessory use
to a farm property, or commercial property or as an element in a Farmers Market, for the
seasonal sale of locally grown produce, plants, and food products processed or packaged on
a local farm.
Farmer's Market
Shall mean land, buildings and structures used for the sale of farm products, arts, crafts
and other merchandise of a local farming, artisan or home-based-business community,
usually operated on a seasonal or occasional basis and comprised of a collection of stalls or
sites for individual retailers.
Fence
Shall mean a physical barrier or partition made of wood, metal or other substance that is
constructed for such purposes as marking the boundary of a property, enclosing a property,
providing privacy, preventing access by people or animals, or dividing a property into
sections, and includes every door, gate, and other closure that forms part of a fence, and
which may be regulated by the Corporation.
Fire Lane
Shall mean any private roadway, lane, ramp or other means of vehicular access to or egress
from a building and it may include part of a parking lot set aside for use by authorized
emergency vehicles.
Fitness Centre
Shall mean a premises in which facilities are provided for recreational or health related
activities including but not limited to weight training and exercise classes and may include
associated facilities and services such as a lounge, washrooms, showers, and saunas, a day
spa, an administrative office, a café or snack bar and an accessory retail outlet for fitness-
related attire, equipment and dietary supplements.
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Flea Market
Shall Mean:
a) a premises where second hand goods, articles and antiques are offered or kept for
sale at retail to the general public but shall not include any other retail establishment
otherwise defined herein;
b) an occasional or periodic market or sales event held in an open area, which may
include a street, or within a building or structure where independent sellers offer
goods, new and used, for sale to the public, but not including private garage sales;
c) a building or open area 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 home grown, home made, handcrafted, old, obsolete, or
antique and may include the selling of goods, food preserves or fresh produce or
prepared foods at retail by businesses or individuals but does not include any form of
restaurant.
Flood Line
Shall mean a line established by a one in one-hundred-year storm or by a regulation or
flood plain mapping established by a Conservation Authority.
Flood Plain
Shall mean the area, usually lowlands, adjoining a watercourse which has been, or may be
subject to flooding hazards.
Flood Proofing
Shall mean a combination of structural changes and/or adjustments incorporated into the
basic design and/or construction or alteration of individual buildings, structures or
properties subject to flooding so as to reduce or eliminate flood damages.
Flooding Hazards
Shall mean the inundation of areas adjacent to a shoreline or river or stream system and not
ordinarily covered by water along river and stream systems, the flooding hazard is the
greater of the flood resulting from the rainfall experienced during a major storm such as the
Timmins Storm (1961), transposed over a specific watershed and combined with the local
conditions, where evidence suggests that the storm event could have potentially occurred
over watersheds in the general area; or the one hundred year flood; or a flood which is the
greater of the above which was actually experienced in a particular watershed or portion
thereof as a result of a local event and which has been approved as a standard for that
specific area by the Conservation Authority and /or the Ministry of Natural Resources and
Forestry.
Floor Area
Shall mean the area of the floor of a storey or mezzanine floor contained within a building,
measured between the exterior faces of the exterior walls of the building, and, where there
are no walls, the area of a floor within the outer perimeter of the floor, or the corresponding
surface enclosed or covered by a structure, or the extent of the area used.
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Floor Area, Gross
Shall mean the total area of all the floor areas of all the storeys or mezzanine levels of a
building including the finished floor area of any basement, but not of any cellar, and which
floor areas are measured between the exterior faces of the building at each floor level but
excluding motor vehicle parking areas within the building, any private garage, porch,
veranda, sunroom.
Floor Area, Gross Leasable
Shall mean the total gross floor area of a building designated for commercial or tenant
occupancy and exclusive use excluding:
a) Any part of such building used as a dwelling unit by the owner, building manager, or
custodian;
b) Any part of such building used for the parking or storage of motor vehicles but
inclusive of indoor motor vehicle retail display areas;
c) Any part of such building used for service/mechanical rooms, garbage or recycling
facilities, public washroom, elevators, equipment to heat or cool such building or a
portion thereof; and
d) Any part of such building used as a mall, if such mall serves as a common use area
between the exclusively leased premises.
Floor Area, Ground
Shall mean the floor area of the first storey of a building approximately at or above the
established grade level, excluding any basement or cellar, which area is measured
between the exterior faces of the exterior walls at the floor level of such storey, but excludes
car parking areas within the building; and for the purposes of this paragraph the walls of an
inner court are and shall be deemed to be exterior walls.
Floor Area, Net
Shall mean the total floor area of usable or habitable space above or below established
grade, measured from the exterior face of the exterior walls of the building but shall not
include:
a) any private garage, unenclosed balcony, porch, veranda, unfinished basement,
cellar or attic;
b) any part of a building or structure below grade which is used for building services,
storage or laundry facilities; or
c) any part of the building or structure used for the storage or parking of motor vehicles
but will include an indoor motor vehicle display area; or
d) any part of a commercial shopping centre used as a hallway, corridor passageway,
utility room, public washroom, elevator shafts, service/mechanical rooms,
garbage/recycling rooms, staff locker and lunchrooms, balcony or mezzanine level
not otherwise used as a display or sale area for merchandise.
Food and Dairy Products Industry
Shall mean an establishment primarily engaged in the manufacturing or processing of meat
and poultry products, fish products, food and vegetable products, dairy products, bakery
products or other miscellaneous food and beverage products and includes the wholesale
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distribution of such products for resale to consumers. Uses involving the processing of meat
shall not include an abattoir function. There shall be no consumption of the food and/or
beverage products on the premises and the use shall not involve in any form, a restaurant.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Frontage - see Lot Frontage
Fuel Storage Facility
Shall mean an establishment primarily engaged in the bulk storage and distribution of
petroleum, gasoline, fuel oil, gas, or other similar products in fuel storage tanks.
Funeral Home
Shall mean a building or part of a building wherein funeral and funeral preparation services
are offered and may include accessory activities, including but not limited to, the sale of
caskets and funeral accessories, and memorial services.
Garage - Commercial - see Auto Repair Garage
Garage - Private
Shall mean a single storey accessory building or portion of a main building which is
designed or used for parking or storage of motor vehicles of the occupants of the premises
and in which there are no facilities for repairing or servicing of such vehicles for remuneration
or commercial use. It does not include a temporary vehicle shelter.
Garden Centre
Shall mean a building, structure or lot used for the retail sale of agricultural products such
as plants, trees and shrubs and ancillary sales of landscaping materials and products and
shall not include Cannabis Production and Processing.
Garden Suite
Shall mean a one bedroom Detached residential building containing sanitary and kitchen
facilities connected to municipal services that is accessory to an existing principal residential
building under Section 39.1 of the Planning Act and may be designed to be portable,
including a mobile home, but does not include, a park model trailer, a travel trailer or any
other type of recreational vehicle.
Gas Bar or Refueling Station
Shall mean a premises for the retail sale of motor vehicle fuel which includes one or more
pump islands, occupied by one or more fuel pumps, refueling stations or recharge stations,
and a building, structure or booth which may be used by a sales attendant for the receipt of
payments and accessory sale of convenience items (e.g. beverages, prepared foods,
newspapers, sundries) and may include other accessory features such as a comfort station
and ATM. (See also auto service station, Card-lock Facility)
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Gazebo
Shall mean a freestanding, roofed accessory structure which is not enclosed, except for
screening or glass and which is utilized for the purposes of relaxation in conjunction with a
residential dwelling but shall not include any other use or activity otherwise defined or
classified in this by-law.
Geothermal Power Installation
Shall mean a heating installation, such as a heat pump, that accesses or uses naturally
occurring heat from within the underlying portion of the earth's crust as its primary energy
source.
Golf Course
Shall mean a public or private area operated for the purpose of playing golf as the principal
use and may also include a driving range, practice green, club house and gold shop
facilities, miniature golf course and a restaurant, and such accessory buildings and
structures and services as are common or necessary for the operation and maintenance of
the golf course. Other accessory uses may include banquet and conference rooms and the
facilities included in a recreational commercial establishment.
Grade
Shall mean the average elevation of the finished level of the ground adjoining all the walls of
a building."
Granny Flat -see Garden Suite
Green Energy Industry
Shall mean a building or structure in which products are manufactured for the generation of
electricity from a renewable source (i.e. wind, sun, geothermal, biomass, micro- hydro).
Products manufactured by a renewable energy industry may include, but are not limited to,
solar panels, wind turbines, small water driven turbines, geothermal equipment, and parts
or components thereof.
Green Infrastructure
Shall mean natural and human-made elements that provide ecological and hydrological
functions and processes. Green infrastructure can include components such as natural
heritage features and systems, parklands, stormwater management systems, street trees,
urban forests, natural channels, permeable surfaces, and green roofs.
Green Roof
Shall mean any portion of the roof of a building where part of or the entire surface of the roof
is designed to be covered by, to function with, and to sustain live vegetative material as a
component of the roof.
Greenhouse
Shall mean a building, or part thereof, designed and used for the growing and propagation
of flowers, plants, shrubs, trees and associated living vegetation which may be transplanted
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outdoors on the same lot or may need to remain within the greenhouse to be viable by virtue
of not being native or tolerant plants. This use does not include a Commercial Greenhouse.
Gross Vehicle Weight
Shall mean the total weight in kilograms of a commercial vehicle including any load carried
therein or thereon.
Group Home - Type "A"
Shall mean a single household unit in a dwelling, in which 3 to 10 residents (excluding staff
or receiving family) live together under responsible supervision consistent with the
requirements of its residents, who, by reason of their emotional, mental, social, or physical
condition, require a group living arrangement. The home is licensed or approved under
Provincial Statute and complies with Municipal By-laws. This definition does not include
residences for young offenders or boarding/rooming dwelling houses.
Group Home - Type "B"
Shall mean a single household unit in a dwelling in which residents live together under
custodial supervision consistent with the specialized needs of its residents. A Young
Offenders Type "B" group home shall be licensed or approved by either the Ministry of
Community and Social Services or the Ministry of Correctional Services under the Young
Offenders Act. An Adult Offenders Type "B" group home, or Community Resource Centre,
shall be licensed or approved by the Ministry of Correctional Services under the Ministry of
Correctional Services Act.
Guest Room or Accommodation Room
Shall mean a room or suite of rooms, which contains no facilities for cooking, and which is
used or maintained to provide temporary lodging for gain or hire in an inn, hotel, motel, bed
and breakfast establishment or comparable establishment.
Habitable Room
Shall mean any floor space within a building or structure designed and intended to be used
for one or more living, sleeping, cooking or eating purposes as defined under the Building
Code Act.
Height
Shall mean the vertical distance between the established grade and:
a) in the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is the highest; or
b) the deck line of a mansard roof; or
c) in the case of all other types of roofs, the mean height level between the base of the
roof and highest point of the roof.
d) Where the height is designated in terms of storeys, it shall mean the designated
number of storeys above and including the first storey. A mezzanine floor or level
shall not be considered as increasing the height of a building in storeys, provided
that the aggregate mezzanine floor area does not exceed forty (40) per cent of the
floor area of a room or storey in which they are located, provided further, that the
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space beneath the mezzanine is not enclosed and provided that the mezzanine floor
area does not exceed forty (40) per cent of the Floor Area of any room or storey in
which it is located. Where height is limited by both a number of storeys and a
maximum elevation in meters above Established Grade, the elevation limit shall
prevail.
e) In calculating the building height of any Erect or Construction used as ornament or
for the mechanical operation of the building, such as a mechanical penthouse or a
chimney, tower, cupola, steeple, church spire, antenna, ornamental dome, electrical
apparatus, is not to be included.
High Water Mark
Shall mean the mark made by the action of water under natural conditions on the shore or
bank or rock at the edge of a body of water, which action has been so common and usual
and so long continued that it has created a clear and distinctive mark or stain on the
shoreline feature or caused 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.
In the case of a waterbody having its water elevation regulated or controlled by a system of
dams and other management features operated by any government authority, it shall be the
highest elevation permitted or regulated for under normal (i.e. non-flood) operating
conditions.
Highway
Shall mean a public improved road under the jurisdiction of the Provincial government.
Home Based Business
Shall mean a privately operated legal occupation, enterprise or business which is carried out
as a use clearly accessory to the main residential use of a property and which is compatible
with the character of surrounding residential (neighbourhood) buildings or setting.
Figure 1: Height
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Home Child Care
Shall mean childcare that meets the description set out in the Child Care and Early Services
Act
Home Occupation - see Home Based Business
Home for the Aged, Nursing Home, or a Long-Term Care Facility See Continuum-of-
Care Facility
Hospital
Shall mean a regulated institution under the Public Hospitals Act, R.S.O. 1990, c.P.40, the
Private Hospitals Act, R.S.O 1990, c.P.24, the Mental Health Foundation Act, R.S.O. 1990,
c.D.26 and the Community Psychiatric Hospitals Act, R.S.O 1990, c.P.21 established to
deliver health care services.
Hostel
Shall mean a commercial or non-profit establishment providing overnight accommodation for
a fee in which communal washrooms and a dining room are typically provided, and which
may include accessory recreational space but does not include a hotel, boarding or rooming
house or other defined uses that include overnight accommodations.
Hotel
Shall mean a building designed or used for the accommodation of the travelling or
vacationing public, including any establishment containing Guest Rooms which is defined as
a "Hotel" in the Hotel Registration of Guests Act, R.S.O.1990, H.17 and which may provide
accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the
temporary exhibition and sale of goods on an intermittent basis, and premises licensed
under the Liquor License Act but shall not include any residential use or boarding house
use.
Independent Exit
When used with regard to a dwelling unit, a residential use, or a premises, shall mean a
private entryway, for the exclusive use of the occupants of a dwelling unit or premises,
which provides egress and access to the dwelling unit or premises either directly from the
exterior of a building or from a common hallway or vestibule.
Industrial Mall
Shall mean one or more buildings with a gross floor area of 930 m2 (10,010 ft.2) or more
which is divided or designed to be divided, into five (5) or more premises for occupancy by
separate or different businesses for industrial uses.
Industrial Service Office - see Business, Professional and/or Administrative Office
Industrial Use
Shall mean the use of land, building or structures for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering,
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repairing, warehousing, or storage or adapting for sale of any goods, substances, article or
thing, or any part thereof and the storage of building and construction equipment and
materials as distinguished from the buying and selling of commodities and the supplying of
personal services. This definition does not include a mine, pit or quarry or obnoxious
industry. Accessory Uses may include transportation, wholesaling, storage, shipping and
receiving incidental to the Industrial Use.
Industry - Class 1, Light Industrial
Shall mean a place of business for a small-scale, self-contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a 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.
Industry - Class 2, 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.
Industry - Class 3, Heavy Industrial
Shall mean a large scale industrial use, generally occupying a site with an area of 4,000 m2
or more, which features one or more of the following: multiple or various industrial processes
or operations; operations with employees regularly working in shifts; large production
volumes; large areas of outdoor storage of raw materials and/or finished product which
commonly are as large as or larger than the production facility; frequent receipt of production
materials or shipping of finished product at any and all hours of the day; regular to frequent
commercial or heavy truck traffic and may feature "just-in-time" delivery processes; regular
emissions of noise, vibrations, odours, particulates or gaseous discharges singularly or in
combination, that are commonly detectable beyond the property line, and occasionally at
distances up to or greater than 300 m.
Infrastructure shall mean physical structures (facilities and corridors) that form the
foundation for development, including sewage and water systems, septage treatment
systems, stormwater management systems, waste management systems, electricity
generation facilities, electricity transmission and distribution systems, communications/
telecommunications, transit and transportation corridors and facilities, oil and gas pipelines
and associated facilities.
Inn
Shall mean a building or a lot containing no more than two (2) buildings used for overnight
accommodation of the travelling public, containing a minimum of five (5) to a maximum of
fifteen (15) guest rooms served by a common building entrance and may include a
restaurant including a tea room and an outdoor patio. Ancillary activities may include small
wedding receptions, banquets or business conferences, light entertainment such as a piano
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bar or similar entertainment but shall not include a night club or disco club. Ancillary uses
may include an exercise room, a small retail boutique where merchandise accessory to the
Inn are offered for sale to the guests of the Inn such as clothing crafts, souvenirs, magazines,
post cards and maps but shall not include other retail stores such as a variety, video rental
outlet or convenience store. Residential accommodation for the owner or manager of the
Inn shall also be permitted.
Institutional Use
Shall mean any premises used to provide non-profit or non-commercial services for
governmental, educational, charitable, fraternal, or other public or community benefit
Examples include: A place of assembly, administrative office, private club; government
or utilities warehousing, maintenance and storage use, post office, library, emergency service
facility, museum, or police station.
Intake Protection Zone (IPZ)
Shall mean the area upstream of a surface water intake where land use activities have the
potential to affect the quality of water that flows into the intake.
Junk Yard - see Wrecking Yard
Kennel, Commercial or Boarding
Shall mean a commercially operated building or structure where domestic pets, including
but not limited to: dogs, cats, rodents, rabbits, birds or other animals owned as household
pets or for working or sporting purposes, but excluding farmed animals or livestock, are kept
or boarded for a fee but excludes the keeping of animals for the purpose of breeding or
animal husbandry. This use does not include an animal hospital or animal shelter.
Kennel, Private
Shall mean a building or premises, accessory to a residence, where more than two
domestic pets, including but not limited to: dogs, cats, rodents, rabbits or birds are kept,
lodged, bred, or raised by one owner or household for the purpose of developing,
maintaining, commercially distributing a breed or type of animal, or participating in judging
competitions, events or shows and does not include a commercial kennel, animal hospital
or animal shelter.
Landfill Site - see Waste Management Facility
Landscaped Open Space
Shall mean:
a) a combination of trees, shrubs, flowers, grass or other horticultural elements, together
with decorative stonework, concrete or brickwork; screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property and/or
to provide a screen to mitigate any objectionable adjacent land use and shall have a
minimum of 75% vegetated landscaped area and no more than 25% hard surfaced
landscaped area or impermeable surfaces and comply with subsection 4.27 Lot
Coverage - Impervious Surfaces;
b) does not include parking areas, traffic aisles or driveways or ramps for motor
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vehicles.
Landscaping Strip - see Buffer Strip
Lane
Shall mean: a subsidiary vehicle thoroughfare, which provides access from within a lot,
principally from parking areas or loading spaces, or aisles, to a driveway or private road
and includes the subcomponents of a driveway assigned for ingress or egress.
Laneway, public
Shall mean a public thoroughfare, other than a street or pedestrian way, improved or not,
which has a right-of-way width of 10 m or less and which provides a secondary means of for
vehicular traffic to abutting lots and which is not intended for general traffic circulation.
Laundromat
Shall mean a building or structure where coin-operated laundry machines, are made
available to the public for the purpose of laundry cleaning.
Lawyer/Legal Offices
Shall mean an office housing a person or persons who are authorized to provide legal
services in Ontario.
Light Manufacturing - see Class I Industry - Light Industrial
Light Pollution
Shall mean brightening of the night sky, nuisance light or an undue intrusion of light onto
adjacent property caused by streetlights and other man-made sources of light, which has
a disruptive effect on natural cycles and inhibits the observation of stars and planets or
enjoyment of property.
Loading / Delivery Space
Shall mean a space or bay located on a lot or within a building which is used, or intended to
be used, for the temporary parking of any commercial vehicle while loading or unloading
goods, merchandise, or materials in connection with the use of the lot or any building
thereon, and which has unobstructed access not necessarily in a straight line to a street,
lane, or public laneway.
Lot
Shall mean a parcel of land which is capable of being legally conveyed in accordance with
the Planning Act.
Lot Area
Shall mean the total horizontal area measured within the limits of the lot lines of the lot
excluding the horizontal area of any flood plain or wetland area located on such lot.
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Lot, Corner
Shall mean a lot situated at an intersection of two or more streets, or at the intersection of
two parts of the same street which have an interior angle or intersection of not more than one
hundred and thirty-five (135) degrees. Where such street-lines are curved, the angle of
intersection of the street-lines shall be deemed to be the angle formed by the intersection of
the tangents to the street-lines, drawn through the extremities of the side lot lines. In the
latter case, the corner of the lot shall be deemed to be that point on the street-line nearest to
the point of intersection of the said tangents, and any portion of a corner lot distant not more
than 30 m (98.4 ft.) from the corner measured along the street-line shall be deemed to be an
interior lot.
Lot Coverage
Shall mean that percentage of land or lot area covered by buildings and structures above
ground level excluding a fence, patio, landings, steps, ramps, or retaining walls and excludes
that portion of a lot which is occupied by a building or structure or portion thereof which is
completely below ground level, such as an in-ground pool.
Lot Coverage, Maximum
Shall mean the maximum total lot coverage for all buildings and structures on a lot and, in
any zone category, the maximum lot coverage requirement for the principal use includes the
maximum lot coverage applicable to permitted accessory uses; except where the
accessory lot coverage is specifically excluded by exemption.
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" shall mean the length of a straight line joining the middle
of the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth"
shall mean the length of a straight line joining the middle of the front lot line with the apex of
the triangle formed by the side lot lines. Distances shall apply on curved lines.
Lot Frontage
Shall be measured as a line extending between the side lot lines drawn parallel to the chord
of the front lot line and measured at a point 6 metres back from the mid-point of the front lot
line, except where the chord of the front lot line is more than 6 metres back from the mid-
point of the front lot line, or if there is no rear lot line, then the lot frontage shall be the chord
of the front lot line. For the purpose of this paragraph, the "chord of the front lot line" is a
straight line joining the points where the side lot lines intersect the front lot line and a sight
triangle shall be considered to be part of the lot for the purpose of determining lot frontage.
Lot Interior
Shall mean a lot, other than a corner lot or a through lot, which has frontage on a
public street.
Lot Line
Shall mean a boundary line of a lot.
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Lot Line, Exterior Side
Shall mean a lot line on a corner lot that is located between the front and rear lot lines
and divides the lot from a street and any lot line abutting a traffic circle.
Lot Line, Front
Shall mean:
a) In the case of an interior lot, the line dividing the lot from the street-line but excluding
a lot line abutting a traffic circle.
b) In the case of a corner lot, created by the intersection of two streets, the shorter lot
line abutting a street shall be deemed to be the front lot line and the longer lot line
shall be deemed to be the exterior side lot line of the lot.
c) In the case of a corner lot with two street-lines of equal lengths, the lot line where the
principal access to the lot is provided shall be deemed to be the front lot line.
d) In the case of a corner lot created by a curved street line, the front lot line shall
commence at the point of intersection of the street line with the longest interior side lot
line and will terminate where the curved section intersects a straight street line
segment opposite to the interior side lot line (which street line shall be the exterior
side lot line); or, in the instance where there is no straight street line segment, the
front lot line will encompass the entire curved street line as it extends between the
two interior side lot lines.
e) In the case of a through lot, the front lot line shall be determined as a lot line
f) abutting the street: where the principal street access/entrance for the lot is permitted,
or has been established on the lot; or if the clause "i)" is not determinative, where the
street-line is closest to the main wall of a principal building on the lot; or if clauses "i)
and ii)" are not determinative, the lot line abutting the street where the majority of
principal access/entrance sites have been established on other lots in the same block
by prior construction; or if clauses "i) through iii)" are not determinative, the shorter
lot line abutting a street except that where the longer lot line results in a frontage
calculation that meets the minimum lot frontage requirement of the applicable zone
and the shorter lot line will not, then the longer lot line shall be the front lot line.
g) With respect to through lots in a commercial or industrial zone, the front lot line shall
be the lot line abutting, or order of priority, a provincial highway, an arterial road or a
collector road and items a) through d) above lot line shall be the front lot line.
Lot Line, Rear
Shall mean: the lot line furthest from, and opposite to, the front lot line. In the case of a lot
with no rear lot line, the point where the two side lot lines intersect shall be the rear lot line
but excluding a lot line abutting a traffic circle.
Lot Line, Side (Interior)
Shall mean a lot line other than a front, rear or exterior side lot line. On a lot with more
than four sides, any lot line not otherwise defined as a front, rear or side lot line shall be
considered as an interior side lot line.
Lot, Through
Shall mean a lot having a frontage on two parallel or approximately parallel streets and
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where such lot qualifies as being both a corner lot and a through lot, such lot shall be
considered as a corner lot.
Lot, Width
Shall mean the average horizontal dimension between the two longest opposite sides
measured on a line 6 m (19.7 ft.) back from the street line and parallel to it.
Lot Width, Corner Lot
Shall mean the horizontal distance between the exterior side lot line and the opposite side
lot line, measured along a line 6 m (19.7 ft.) back from and parallel to the front lot line,
except in the case: where the front lot line is curved, in which case, the lot width shall be
calculated on the basis that the front lot lines are deemed to be the tangents produced to
their points of intersection, from the points of intersection of the side lot lines and the curved
front lot line; or where a corner lot indicates that a sight triangle has been removed or has a
rounded corner, in which case, the lot width shall be calculated on the basis that the street
lines shall be deemed to comprise the street-lines as if extended or continued to their point of
intersection.
Figure 2: Types of Lots
Lumber Yard
Shall mean a premises where the principal use is the storage of construction grade wood
products, building construction materials and building supplies for sale at retail or wholesale.
Mail Order Facility
Shall mean the sale of goods exclusively via mail order, telephone, fax, internet, digital
platform or website, but shall not include a Retail Store.
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Main Building - see Building, Main or Principal
Main Wall
Shall mean any exterior wall of a building (e.g. front, rear or side) and any structural
members essential to the support of a fully enclosed or partially enclosed space of roof
exclusive of permitted projections (e.g. Deck, stairs, Eaves etc.)
Marine Facility
Shall mean a non-commercial premises which is used to moor, berth, or store a boat. This
definition may include a boat launching ramp, a boat lift, marine railway, dock or boathouse,
but does not include any building used for human habitation, any facilities for the
construction, repair or servicing of boats, or a marina. A marine facility shall also include a
water intake facility and any flood or erosion control structure.
Medical Clinic - see Clinic
Mezzanine Floor or Level
Shall mean an intermediate, elevated floor or occupancy level, between the floor and ceiling
of a full storey, and which intermediate level has a Floor Area not exceeding 40% of the
Floor Area of the storey in which it is located, and its principal Access is within the same
storey.
Miniature Golf Course
Shall mean an area of land, building or structure or premises or part thereof operated for
profit or gain as a commercial place of amusement in which 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 ball
Driving Range.
Mini Warehouse, Public Storage, or Personal Storage Facility
Shall mean a commercial building or part of a building wherein general merchandise,
vehicles, furniture and household goods are all stored in separate, secured storage areas or
lockers which are generally accessible by means of individual loading doors.
Mobile Home
Shall mean a structure, manufactured as a complete Dwelling Unit, which is built to
C.S.A. standard Z240, or any successor C.S.A. standard, is designed and fabricated to be
transported on public streets, and to comply with standards set out in the Building Code for
a permanent, year-round residence for one or more persons, but does not include a
recreational vehicle, park model trailer, modular dwelling or tent trailer or trailer otherwise
designed.
Model Home
Shall mean a dwelling unit that is used on a temporary basis to sell and/or display dwelling
units that are on sale and may include a temporary sales office but is otherwise not
sufficiently complete, or used, for human habitation.
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Motel
Shall mean a building or buildings designed or used primarily for the accommodation of the
traveling or vacationing public, containing therein three (3) or more guest rooms, including
all such establishments as defined from time to time by the Hotel Registration of Guests Act,
R.S.O. 1990, c.H.17, as amended. A motel may include accessory Uses such as a
restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of
goods on an intermittent basis, and premises licensed under the Liquor License Act.
Motor Home - see Recreational Vehicle
Motor Vehicle
Shall mean: a "motor vehicle" as defined by the Highway Traffic Act R.S.O. 1990 c.8, as
amended or replaced from time to time, but excludes any vehicle otherwise defined herein.
Motor Vehicle Body Shop - see Auto Body Shop
Motor Vehicle, Commercial
Shall mean: a "commercial motor vehicle" as defined by the Highway Traffic Act R.S.O. 1990
c.8m as amended or replaced from time to time, but excludes any vehicle otherwise defined
herein and includes ambulances, hearses, fire apparatus, police patrols, motor buses and
tractors used for hauling purposes on the Highway.
Motor Vehicle Towing Service
Shall mean a premises used as a depot for parking motor vehicles designed to tow or haul
and provide road-side service for other motor vehicles and may include a motor vehicle
compound for the temporary storage of motor vehicles towed to the site but does not include
any other use defined herein.
Multiple Dwelling - see Dwelling, Multiple
Municipality
Shall mean the Corporation of the Town of Perth.
Museum
Shall mean a premises used, for the preservation of a collection of paintings and/or other
works of art, and/or objects of natural history, and/or of mechanical scientific and/or
philosophical inventions, instruments, models and/or designs, and dedicated or to be
dedicated to the recreation of the public, together with any libraries, reading rooms,
laboratories and/or other offices and/or premises used or to be used in connection therewith.
Net Hectare
Shall mean the area of a parcel of land on which Development is proposed or existing,
expressed in hectares, excluding all non-residential land uses such as roads, schools,
commercial sites and parks.
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Noise Barrier or Sound Wall
Shall mean a barrier, Erect or Constructed in accordance with Ontario Building Code
design standards, designed and used to mitigate acoustical sound from adjacent land uses.
This barrier, shall be designed to block sound produced by an acoustical generator from a
receptor, and may consist of an earth berm, masonry fence, wood fence or any combination
thereof, having a minimum surface density of 20 kg/m2, or a building wall and,
notwithstanding any other definition herein, shall not be considered a fence.
Non-Conforming
Shall mean any Existing use, building, structure or lot which does not conform with the
permitted use provisions of any Zone in this By-law.
Non-Residential Use
Shall mean when used with reference to a use, building or structure; designed intended or
used for purposes other than those of a dwelling.
Nursing or Convalescent Home - see Home for the Aged, Nursing Home, or a Long-
Term Care Facility, Continuum-of-Care Facility
Noxious Use
Shall mean any use which causes adverse effect to the occupant or owner of any
neighbouring lands or buildings by reason of the emission from the neighbouring land or
building or any part thereof, or the creation thereon, of odours, gases, dirt, radiation, smoke,
noise, vibration, fumes, cinders, soot, waste or water carried waste, or depositing or leaving
unsightly objects or chattels thereon.
Occupancy Permit
Shall mean a certificate issued under the authority of the Ontario Building Code Act by the
Chief Building Official which indicates that the proposed use of land or any building or
structure on any such land is in conformity with this By-law.
Office, Business, Professional and/or Administrative
Shall mean a buildings, or structures used for the purpose of providing accommodation for
the offices of a professional person or persons employed in administering, directing,
managing or conducting the affairs of a business or enterprise and for any purpose incidental
thereto and may include the office of a non-profit or government organization.
Official Plan
Shall mean the Official Plan of the Town of Perth or parts thereof and amendments thereto.
Order Station or Order Board
Shall mean an ordering box, display board or any other device, including communication
equipment, used by the public and operator to communicate and thereby facilitate sales
and/or services in a drive-through facility.
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Outdoor or Outside Display Area
Shall mean: an exterior area, accessory to a permitted use, which is dedicated to the
display of goods, product, or merchandise, used solely for advertising and demonstration
purposes and not for storage purposes such that a single unit of the product, good, or
merchandise is presented in the display area and does not include an Outdoor Storage Area
or an area for vehicle sales use.
Outdoor or Outside Display and Sales Area; Seasonal
Shall mean an unenclosed area or an area bounded by a temporary fence, located adjacent
to a permanent building, which has been designed or occupied for the accessory display of
seasonal goods and merchandise, on an occasional and temporary basis by the building
occupant and includes a seasonal Garden Centre but shall not occupy any barrier free
parking space, any portion of a required fire Lane, a Driveway or any portion of a required
sight triangle.
Outdoor Solid Fuel Combustion Appliance
Shall mean a solid fuel-burning appliance, which is used for the heating of buildings, water, or
other such purpose, and which is located in a separate building or on the exterior of the
building or structure which it serves.
Outdoor or Outside Storage
Shall mean storage of goods, merchandise or equipment outside of the principal building or
structure on a lot or portion thereof that is enclosed with a building, fence, or berm, or any
combination thereof, and may be partially covered or enclosed, which is used on a year-
round basis for the bulk storage of building construction products and merchandise and other
products, supplies, goods, wares, or equipment for the purpose of their use or sale by the
principal business. This definition shall not include the open exterior storage of goods or
equipment accessory to a residential occupancy of a lot, a parking area or parking space,
an area for vehicle sales use, or a permitted outdoor display area for advertising and
demonstrating goods and products or a seasonal garden supply area accessory to a
commercial use.
Owner
Shall mean a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally
incompetent person, an executor, an administrator or a guardian.
Park
Shall mean an area of land, whether enclosed or not, which is devoted to recreational or
leisure uses (e.g. playground, play field, athletic field, field house, Community Centre,
bleachers, swimming pool, wading pool, greenhouse, botanical gardens, zoological gardens,
bandstand, skating rink, tennis courts, bowling green, boat livery, bathing station, curling rink,
refreshment concession, camping area, fair ground, arena, golf course etc.) (See also
Fairgrounds, Golf Course)
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Park Model Trailer
Shall mean a trailer as defined under Section 9.39.1.1 of the Ontario Building Code, or any
successor thereto, as a manufactured building used or intended to be used as a mobile
seasonal recreational building of residential occupancy which is not to be used as a Single-
detached or principal residence notwithstanding that it has been jacked up and its running
gear removed.
Park - Private (see Recreational Commercial Establishment)
Parking Area
Shall mean a lot or portion thereof required in accordance with the provisions of this By- law
for the temporary storage or parking of more than four motor vehicles, accessory or
incidental to permitted uses in all zones, and includes any associated parking spaces,
parking Aisles, pedestrian Aisles, or Lanes between Aisles but does not include a
Driveway, street or Public Laneway.
Parking Lot, Commercial - see Commercial Parking Lot
Parking Space
Shall mean an area which has direct Access to a street, Aisle, Lane or Public Laneway
used for the temporary parking of one motor vehicle.
Parking Space, Barrier Free or Accessible
Shall mean a parking space designed and reserved for the temporary parking of a motor
vehicle being used to transport a handicapped or disabled person and which is displaying
appropriate, identifying, signage.
Parking Space, Tandem
Shall mean: a parking space which has indirect Access to a street, Lane, or Public
Laneway by virtue of being separated from the street, Lane or Public Laneway by another
parking space.
Parking Structure or Garage
Shall mean a building or structure, or a portion thereof, located above or below
Established Grade, which is designed to shield motor vehicles from weather, and contains a
parking area, and is the principal use or may be accessory to a building on the same lot.
Patio
Shall mean an open space of land adjacent to a residential use which is surfaced with
concrete, pavers, stone, wood or comparable material and is at grade, and is an uncovered,
outdoor area used as an extension to the interior of the home for private entertainment or
leisure activities.
In a commercial setting, means an outdoor eating area, located on a private lot, or an
authorized occupancy of public land, that is accessory to a restaurant where, on a seasonal
basis, food and/or refreshments prepared on the premises are consumed.
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Pawn Shop
Shall mean a premises operated by a pawnbroker and used for the loan and/or exchange of
money on articles or personal property at a given rate of interest.
Pedestrian Way
Shall mean a public thoroughfare intended exclusively for pedestrians.
Permitted Use
Shall mean a use which is permitted in the zone where such use is located.
Person
Shall include an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
Personal Service Establishment or Use
Shall mean an establishment wherein a personal service is performed. (Examples include a
barber shop, beauty salon, shoe repair, photographic store, Laundromat or a Dry Cleaning
Distribution Station, pet grooming service or similar uses.)
Pet Grooming Establishment or Service
Shall mean a premises wherein cleaning, clipping and grooming services are provided for
Domestic Pets but shall not include an Animal Shelter or commercial or private kennel.
Pinball Machine - see Arcade
Place of Assembly
Shall mean a building or part of a building specifically set aside for and primarily used for
the operation of arts and craft shows, trade fairs, fashion shows, public meetings, banquets,
conference meetings, civic, political, social or religious activities, a private club, wellness
centre, or a fraternal organization and similar activities.
Place of Worship
Shall mean a premises owned or occupied by a religious congregation or religious
organization and dedicated exclusively to worship and related religious, social and charitable
activities, and may include churches, chapels, temples, parish halls, mosques and
synagogues including a place of assembly, offices for the administration of the religious
institution, a convent, a seminary, a monastery, rectory, manse, parsonage, and a Cemetery.
Playground
Shall mean a park or part thereof which is equipped with active recreational facilities oriented
to children. (See also Park)
Porch
Shall mean a covered entrance to a building usually with a separate roof and unenclosed
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and used as an outdoor living area. (See also Veranda)
Premises
Shall mean a building or part of a building, and/or a lot or part of a lot, which is used,
reserved, rented or leased for the exclusive use of one residential household as a Dwelling
Unit or one business/commercial occupant and in a multiple tenancy building or on a lot
occupied by more than one Dwelling Unit or business/commercial occupant, each exclusive
use area shall be a separate "premises".
Principal
When used to describe a use, building or structure, shall mean a use, building or structure,
one to which any other is subordinate and constitutes the main use of a lot therewith.
Printing or Publishing Establishment
Shall mean a building or part of a building used for printing regardless of the method, the
publishing of newspapers, periodicals, books, documents, maps and similar items, the
reproduction and duplication of printed material as a copying service to businesses or the
public and includes the sale and servicing of printing and duplicating equipment and supplies.
Private Club - see Club, Private
Private Road
Shall mean a private right-of-way over private property which affords Access to two or more
abutting lots and which is not maintained by a public authority.
Product Distribution Centres - see Factory Outlet
Provincial Highway - see Highway
Public Authority
Shall mean the Town of Perth and any Boards or Commissions thereof, the County of Lanark,
the Governments of Ontario or Canada, any agencies, boards, commissions, or authorities
thereof, and any company providing electricity, natural gas, wired or wireless
communications or rail transportation. Without limiting the generality of the foregoing,
among other uses, this shall include operators of correctional institutions, hospitals, homes
for the aged, and nursing homes.
Public Street
Shall mean any road or common highway affording the principal means of access to abutting
properties which is owned and/or operated by a public authority or is to be assumed by a
public authority in accordance with a subdivision or development agreement.
Public Use or Public Service Facility
Shall mean the use of any land, building or structure or part thereof for the purpose of
providing any public service or utility by a public authority, any electrical, natural gas, steam,
sewage disposal and drainage, telecommunications including storage, maintenance or repair
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facilities accessory to the said utilities.
Public Use Floor Space
Shall mean the floor area(s) used for reception, office areas for reception staff or client
services staff, or floor space that is leasable by the general public for temporary office or
meeting room purposes within a commercial building primarily used for overnight
accommodation, but does not include any rooms or floor area used as a place of assembly.
Queue, Minimum Vehicle Service
Shall mean shortest length of a vehicle service queue from its Access point to its exit point
expressed as the number of motor vehicles or queuing spaces capable of occupying the
queue.
Queue, Vehicle Service
Shall mean a motor vehicle access lane with a single Access point and single exit point
which is used by business patrons to access a customer service window or a loading/pickup
space for customers receiving purchased goods and services and which is separated from
other parking areas and pedestrian spaces by barriers, or lane markers and signage.
Radio or Broadcast Studio
Shall mean a building or part of a building used for the production, reception and/or
transmission of information by electronic Shall mean including radio and television studios
and may include related administration and customer services.
Reconstruction or Renovation
Shall mean the repair and restoration of a building or structure to a safe condition but shall
not include its replacement.
Recreational Commercial Establishment
Shall mean premises where any recreational, social or cultural uses are operated
commercially for profit on lands in private ownership, such as health clubs, golf courses,
open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed
badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open
theatre, and other similar uses except as otherwise specifically defined in this by-law such as
Adult Video Rental Outlet, arcade or video arcade, bingo hall, casino, or entertainment
establishment.
Recreational Equipment
Shall mean: a portable structure, vessel, or vehicle that is designed and built to be carried by
a motor vehicle, or a unit designed and built to be transported or operated under its own
power or propelled power, for the purposes of providing recreation enjoyment or travel,
typically for two to four people, and may include boats, personal water craft, snowmobiles, all-
terrain vehicles (ATVs) or other equipment used for recreational purposes and includes
trailers for transporting such equipment.
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Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a motor vehicle
for the purpose of being drawn or is self-propelled and is capable of being used on a short-
term basis for living, sleeping or eating. The term recreational vehicle includes the following:
motor homes, travel trailers, tent trailers, park model trailers, campers, a fifth wheel or
converted bus but does not include a mobile home or recreational equipment. (See also
Mobile Home)
Recreational Vehicle Sales, Storage and Repair
Shall mean a building and/or lot which is used for the repair, display, storage and/or sale of
boats, trailers, campers, snowmobiles and other recreational vehicles.
Redevelopment - see Development
Registered Plan
Shall mean a plan legally registered as per the Registry Act or the Land Titles Act.
Replacement
Shall mean with respect to a building or structure, a re-building of the entirety of a building
or structure with new materials; or extensive re-building of a building or structure after, or
in a manner that results in, demolition.
Residential
Shall mean the use of land, buildings, or structures for human habitation.
Restaurant
Shall mean: a business premises where food and beverages, primarily prepared within the
premises, are offered for sale to the public and where the food and beverages are served for
consumption by patrons seated within the premises and which may include a take out
service or seasonal patio seating as accessory Uses.
Restaurant, Drive-in
Shall mean: a business premises where food and beverages are prepared and offered for
sale to the public primarily for consumption outside the business or off-site, which may
provide in-door seating for 8 patrons or less and may provide outdoor seating for patrons,
and at which parking facilities are provided for patrons to consume the food in their vehicles
and includes any mobile food vendor operating from a commercial property.
Restaurant, with Drive-through Service
Shall mean: a restaurant, a portion of which is designed to permit food and beverages to be
offered for sale to the public, by means of a service window for product delivery and service
to clients using a motor vehicle service queue with the food and beverages sold at the
service window normally consumed off-site.
Restaurant, Drive-through / Takeout
Shall mean: a business premises with no indoor seating where food, prepared on or off the
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premises, is offered for sale to the public with consumption of all food occurring outside the
business and primarily off site and which includes one or two windows for product delivery
and service to clients using a motor vehicle service queue, with a maximum of four parking
spaces provided on site.
Restaurant, Take-out
Shall mean: a business premises, where food and beverages, largely prepared on the
premises, are offered for sale to the public, which is designed and intended to predominantly
serve pedestrian clients such that consumption of the food occurs primarily outside the
business and off-site, which has a maximum indoor seating for six patrons and has no drive-
through service (See also café or snack bar).
Retail Store or Business
Shall mean a building wherein goods, wares, merchandise, substances or articles are
offered for sale to the general public, and may include the limited storage of goods, wares,
merchandise, substances or articles, and shall not include any other use defined herein.
Retail Store, Large Format
Shall mean a retail store with a gross floor area exceeding 2,000 m2 (21,525 ft.2)
Retirement Home
Shall mean an Apartment Building or Multiple Dwelling containing accommodation to be
available only to persons who are at least 55 years of age and containing dwelling rooms
with a common dining area. The dining area is for the residents of the retirement home and
shall not function as a public dining facility. The accommodations shall be used as the
principal residence of the occupants and shall not be provided on a transient basis.
Right-of-way - see Easement
Risk Management Official
Shall mean a person appointed by the Corporation that is responsible for the enforcement
of Part IV of the Clean Water Act, and who has the qualifications prescribed in Ontario
Regulation 287/07, as may be amended.
Road (See Public Street)
Roof Line Elevation
Shall mean the highest elevation of a sloped roof or, in the case of a flat roof, the elevation of
the roof or building wall or parapet wall whichever is highest, exclusive of any accessory
mechanical equipment or equipment rooms, such elevation being measured from the
established grade along the bottom of the wall and in the case of an articulated roof is
measured at each change in elevation along any section of wall. (See
Rooming House
Shall mean a dwelling within which a proprietor supplies accommodation rooms or
bachelor apartment units without kitchens for a fee, generally on a weekly or monthly basis,
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for the temporary lodging of up to 10 persons and may provide meals or a common kitchen
or dining facility but this use does not include a bed and breakfast establishment, a
boarding house , a hotel, a hostel, a children's home, a Continuum of Care Facility, or
other establishments otherwise classified or defined in this by-law.
Row House - see Dwelling, Row house or Townhouse
Safe Access
Shall mean the ability for ingress and egress to a property during a flood event and shall be
determined based on flood depths and flood velocities within flooding hazards. Specifically,
for the purposes of pedestrian, vehicular and emergency services evacuation requirements,
safe access shall be calculated in relation to the 1:100 year flood event, as determined by the
RVCA.
Salvage Yard -see Wrecking Yard
Satellite Dish/Receiver
Shall mean a structure designed, used or intended to be used to send or receive signals to
or from a satellite.
School
Shall mean
a) the body of elementary school pupils or secondary school pupils that is organized as a
unit for educational purposes under the jurisdiction of the appropriate board, or
b) the body of pupils enrolled in any of the elementary or secondary school courses of
study in an educational institution operated by the Government of Ontario, and
includes the pupils who are enrolled in extended day programs in the unit or
institution, the teachers, designated early childhood educators and other staff
members associated with the unit or institution, and the lands and premises used in
connection with the unit or institution;
School - Private
Shall mean an institution, as defined in the Education Act, at which instruction is provided at
any time between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils
who are of or over compulsory school age in any of the subjects of the elementary or
secondary school courses of study.
Screening
Shall mean the use of landscaping, walls, fences, hedges and/or other ornamental fixtures to
shield the view from one lot to another.
Seasonal Trailer - see Recreational Vehicle
Seating Capacity
Shall mean the number of persons which can be accommodated in a building or structure
or part thereof in a seated position on chairs, benches, forms or pews.
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Seasonal Garden Centre
Shall mean an outdoor space associated with a building supply store, agricultural supply
business, Commercial garden centre or grocery store, which is enclosed with a temporary
fence a minimum 1.8 m in height, that is used for the temporary storage, display and sale of
plant material; plant growth media such as top soil, mulch, compost etc.; fertilizer; and
gardening tools, equipment and accessories and may operate between May 1st and October
31st in any year.
Secondary Apartment
Shall mean a separate and self-contained dwelling unit (e.g. includes cooking, sanitation
and sleeping facilities) within or added to a single detached, semi-detached or duplex
dwelling or a dwelling unit in a dwelling, row house or townhouse and which has a
separate exterior exit or independent access to an exterior exit
Self-Storage Facility
Shall mean a commercial building or part of a building wherein items are stored in
separate, secured storage areas or lockers that are individually rented or for hire and, where
specifically permitted, may include the rental of space for exterior storage of recreational
equipment and recreational vehicles.
Semi-Detached Dwelling - see Semi-detached
Seniors' Home or Residence
Shall mean a dwelling for senior citizens which may be sponsored and administered by any
public agency or may be privately operated and may include a converted dwelling. Such
home may include accessory Uses such as recreational and laundry facilities, personal care
services and eating facilities.
Seniors' Non-residential Care Facility
Shall mean a building or part of a building or premises where amenities, activities and
recreational facilities are provided for seniors under the supervision of a nurse or medical
caregiver but does not include any residential accommodation nor any facilities for occupancy
of the premises by clients beyond purely incidental and occasional visits.
Sensitive Land Uses
Shall mean buildings, amenity areas, or outdoor areas where permitted, routine or normal
activities occurring at reasonably expected times would experience one or more adverse
effects from contaminant discharges generated by a nearby Industrial Use or outdoor
storage use. Sensitive land uses may be part of the natural or built environment.
Examples of sensitive land uses may include, but are not limited to residential land,
dwellings, day care centres, educational and health care facilities, outdoor sports and
recreation facilities.
Separation Distance
Shall mean the minimum horizontal distance between a use or building and a specific use,
lot, building or other specified feature. Separation distance is measured as the most direct
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path between the two specified points, without regard to roads, walkways, sidewalks, or other
surface transportation features
Service Commercial Establishment or Use
Shall mean a business which primarily offers a service or delivers a product off site, generally
involves a limited amount of "cash and carry" retailing of goods, and for which the business
site primarily functions to provide a product advertising and display area and a business
office with a limited amount of floor space used or needed for product storage and assembly
areas and the retailing of accessories and parts. Examples of service commercial
establishments include but are not limited to appliance or electronic repair services, wood
stove retailing, window or window covering sales and installation service, kitchen and cabinet
installation and improvement service, satellite and communications equipment sales and
service, catering services and similar uses
Service Outlet or Shop
Shall mean a building whether in conjunction with a retail store or not, used for the repair or
servicing of goods, commodities, articles or materials, but not the manufacturing, processing
or wholesaling thereof. Automotive repairs and services are not permitted under this
definition.
Setback
Shall mean:
a) Except in reference to a water body, shall mean the least horizontal distance between
a lot line and the wall of a building and/or a building line.
b) With reference to a water body, the least horizontal distance between the high water
mark of the water body and the nearest building line.
Sewage and Water Systems
Shall mean (municipal) piped sewage and water services that are connected to a centralized
water and wastewater treatment facility.
Shopping Centre
Shall mean: a group of four or more commercial premises with a collective gross leasable
floor area greater than 465 m2 (5,000 ft.2), in which retail commercial, service commercial
and personal service uses predominate; which is designed, developed and managed as a
unit or commercial collective; is owned as a single holding, a condominium corporation or a
commercial cooperative; and features shared off-street parking, commonly with shared street
access/exits, driveways and lanes; and which may include common interior access spaces,
shared loading areas, shared pedestrian access features and shared signage.
Shoreline
Shall mean those lands extending from the average annual water level which have potential
and direct significant impact on near shore waters and the shore ecosystem through run-off,
and where land use activity is primarily water oriented.
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Short Term Rental
Shall mean the use of a dwelling unit or any part thereof, that is operating or offering a place
of temporary accommodation, lodging or occupancy by way of concession, permit, lease,
License, rental agreement or similar arrangement for a period of 28 consecutive calendar
days or less, throughout all or any part of a calendar year. Short Term Rental uses shall not
include a motel, hotel, bed and breakfast establishment, private camp, tent and trailer park or
rooming house as defined within the Zoning By-law.
Showroom
Shall mean a part of a building used for the display of samples, patterns or other goods and
wherein orders are taken for merchandise which is stored in bulk in a warehouse which is
part of the same building, generally for future delivery to customers.
Sight Distance
With respect to a sight triangle, shall mean the required length of one side of a sight triangle
as measured from the point of intersection of two street-lines or a driveway to a specified
point or distance along one street-line.
Site Plan
Shall mean a scaled drawing prepared to illustrate the relation between the lot lines and the
uses, buildings, or structures, existing or proposed, on a lot, including such details as parking
areas, walkways, landscaped areas, lighting, building areas, minimum yards, floor areas,
easements, drainage contours, and areas for special uses.
Sight Triangle
Shall mean a triangular space, free of buildings, structures and obstructions, formed by the
street-lines abutting a corner lot and a third line drawn from a point on a street-line to
another point on a street-line, each such point being the required sight distance from the
point of intersection of the street-lines as specified in this by-law. It may also include a space
at the end of a Driveway and in such locations the edge of the Driveway shall correspond to
a street-line for the purpose of this definition.
Single Detached Dwelling -see Dwelling, Single-detached
Snow Dump
Shall mean: a lot or part of a lot or the total of all portions of a lot which encompasses an
area of 4,000 sq. m or more and which is used for the storage of snow for the duration of the
winter season, whether delivered from off site or moved from other areas within a larger site,
but does not include temporary snow banks resulting from snow clearing activities where the
banks are regularly removed to an off-site or on site "snow dump" location. For the purpose
of this by-law a winter season will extend from the first snowfall exceeding 5 cm after
November 1 to the last such snowfall or April 30th in the following year, which ever date
represents the shorter time period.
Snow Dump - emergency
Shall mean; a snow dump with an area of less than one (1) hectare that is established by the
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Corporation or by another government agency for the temporary storage of snow for one
winter season or a portion of a winter season when the snow dump facilities normally used
by the Corporation or another government agency are not available due to excess snow
volume or emergency conditions whereby an unusual volume of snow requires additional
snow storage for the purpose of facilitating efficient snow removal to restore use of roads and
safe driving conditions.
Snow Dump - permanent
Shall mean: a snow dump comprised of one consolidated area, or a collection of areas on a
lot, with a footprint of 7,500 m2 or more that is designed, used, or intended to be used,
regularly for snow storage whether for one winter season or multiple seasons.
Solar Collector
Shall mean a Class 1 or 2 ground mounted, or rooftop mounted or wall mounted device
under the Green Energy and Green Economy Act, 2009 with a name plate capacity of less
than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the
sun.
Solar Collector, Commercial
Shall mean a Class 3 ground mounted device under the Green Energy and Green Economy
Act, 2009 with a name plate capacity of greater than 10 kW consisting of photovoltaic panels
that collect solar power from the sun.
Solarium
Shall mean a glassed-in structure or room projecting from an exterior or main wall of a
building which may be used for sunning, therapeutic exposure to sunlight, or for a use
where the intent is to optimize exposure to sunlight.
Source Water Protection Plan
Shall mean the Mississippi-Rideau Source Water Protection Plan, as applicable, prepared
pursuant to the Clean Water Act, 2006.
Storage Container
Shall mean: a prefabricated new or used metal container or cargo box designed for the
transportation or shipping of goods or for the storage of goods, merchandise or materials and
may include a Sea-Can or shipping container but shall not include a motor vehicle, a
dumpster, or recycling receptacle.
Storage Trailer
Shall mean: any unlicensed trailer, a mobile storage trailer, commercial trailer, or tractor-
trailer, whether or not same is mounted on wheels that is used or intended to be used for the
storage of goods, merchandise or materials.
Store - see Convenience Store, retail store, and shopping centre
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Storey
Shall mean that portion of a building other than a cellar, basement, crawl space, or
mezzanine level included between the surface of any floor and the surface of the floor, roof
Deck, ceiling or roof immediately above it but shall exclude an unfinished Attic. Any such
space exceeding a height of 5 m shall be deemed an additional storey.
Storey, First
Shall mean the storey that has its floor closest to grade and its ceiling more than 1.8m above
grade
Street - see Public Street
Street or Road Allowance
Shall have a corresponding meaning to that of public street or private road.
Street Line
Shall mean the limit of the road allowance and is the dividing line between a lot and a public
street or private road as shown on a survey, registered plan of subdivision, Condominium
plan, compiled plan or the original plan of the Town of Perth.
Structure
Shall mean anything erected or constructed, the use of which requires location on the
ground or attached to something having location on the ground and, without limiting the
generality of the foregoing, includes a recreational vehicle, a sign, a fence, a swimming
pool, a deck, or a dock.
Studio
Shall mean a building or part thereof used,
a) as the workplace of a photographer, artist, artisan, cabinet maker, jewellery crafter, or
comparable artist or craftsperson, where unique or custom-made articles or goods are
fabricated or created and may be offered for sale but does not include any Industrial
Use.
b) for the instruction of art, music, languages or similar disciplines.
Tavern or Roadhouse
Shall mean a "tavern" as defined by the Liquor License Act.
Taxi Stand or Dispatch Office
Shall mean lands and/or premises where chauffeured passenger automobiles or vehicles
licenced as taxis by the Town of Perth are kept for hire and includes any administrative or
communications offices for the management and dispatching of such automobiles.
Telecommunication Tower
Shall mean any structure used for transmitting or receiving radio, television, telegraph, or
microwave signals.
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Temporary Vehicle Shelter
Shall mean a prefabricated temporary, accessory structure, usually Erect or Constructed
with a metal, wood or plastic frame and covered with a tarpaulin or other similar type of fabric
or plastic cover, used primarily for the storage of a Motor Vehicle or other equipment and is
designed to be dismantled or removed.
Tourist Establishment
Shall mean premises to be used for the purpose of sleeping accommodation on a temporary
basis by tourists or vacationers, including an Inn, hotel, motel, lodge or bed and breakfast,
and rental cottage or cabin where more than 3 such rental units occupy the same property,
including accessory Uses such as dining, meeting and beverage rooms and similar uses.
Townhouse - see Dwelling, Row house or Townhouse
Tradesperson's Establishment
Shall mean a building or part of a building which, in addition to or as well as serving as an
office, serves as a storage facility for the materials and equipment of, and/or a workshop for
the undertaking of repairs, the preparation of materials, or the production of items on a
custom order basis by, one of the following tradespersons: heating and cooling systems
specialist, cabinet maker, carpenter, chimney sweep, drywaller or plasterer, electrician,
exterminator, fence installer, furniture refinisher, general building contractor, glass installer,
grounds maintenance person and landscaper, handyman, janitor, mason, painter, plumber,
printer, snow plough operator, upholsterer, welder, window cleaner and similar tradesperson
whose activities are not otherwise defined in this By-law.
Traffic Circle /Roundabout
Shall mean a road intersection, designed and used as an alternative to a signalized
intersection or four-way stop, which is intended to accommodate a more continuous traffic
movement around a landscaped island in the center of the intersection, and the boundaries
of which shall be determined by and setbacks measured from the point(s) at which the
intersecting road allowances deflect or widen to accommodate construction of the traffic
circle.
Transfer Station or Recycling Depot
Shall mean a special waste management facility which only serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, white goods, metal,
electronics 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 (See also
Waste Management Facility).
Transportation Depot or Truck Terminal
Shall mean land, or a structure or a building where commercial vehicles are kept for hire,
rental and/or lease, or stored and/or parked for remuneration and/or from which such
vehicles are dispatched for hire as common carriers and where such land, structure or
building may be used for the storage and/or distribution of goods, wares, and merchandise.
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Trailer
Shall mean a "trailer", as defined under the Highway Traffic Act R.S.O. 1990, c. H-8 or any
amendment thereto or replacement thereof.
Trailer, Commercial
Shall mean a "trailer", used for the haulage of goods, materials and equipment for industrial,
commercial or business purposes, including any vehicle designed for such use and/or
customarily drawn by a commercial motor vehicle.
Trailer, Domestic
Shall mean a 'trailer', other than a semi-trailer, which is less than 6 m. in length, exclusive of
the tongue and hitch, and which is used for the utility needs of a singular household including
the hauling of personal recreational equipment, property maintenance tools and equipment
and goods or materials necessary for residential property maintenance or repair.
Trailer, Semi-
Shall mean a 'semi-trailer' as defined under Highway Traffic Act Regulation 618, R.R.O.,
1990 Reg 618 or any amendment thereto or replacement thereof.
Unenclosed
When used in relation to an attached or detached porch, deck, or other structure, shall mean
open except for a roof, supporting columns, safety railings, screens, curtains, or shades. The
word unenclosed shall exclude partial or full solid walls or other solid materials such as glass
and synthetic glass substitutes normally intended to provide protection from the elements.
Use (As a verb)
Shall mean anything permitted by the owner or occupant of any land, building or structure,
directly or indirectly, or by or through any trustee, tenant, servant, or agent acting for or with
the knowledge and assent of such owner or occupant, for the purpose of making use of the
said land, building or structure. The phrase "used for" includes "arranged for", "designed for",
"maintained for" or "occupied for".
Use (As a noun)
Shall mean any of the following depending on the context:
a) any purpose for which land, buildings or other structures may be arranged,
designated, designed, intended, maintained, or occupied; or
b) any occupation, business, activity, or operation carried on, or intended to be carried
on, in a building or other structure or on land; or
c) a name of a tract of land or a building or other structure which indicates the purpose
for which it is arranged, designated, intended, maintained, or occupied.
Veranda
Shall mean a roofed open gallery or portico attached to the exterior of a building and at
least two sides of which are typically enclosed by the building.
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Warehouse
Shall mean a building or structure or portion thereof used or intended to be used for the
bulk storage of goods, merchandise, or materials.
Waste Disposal Site -see Waste Management Facility Waste Management Facility
Shall mean a site which is licensed or approved by the Ministry of Environment and Energy
and/or its agents where garbage, refuse, domestic or industrial waste, excluding radioactive
or toxic chemical wastes is disposed of or dumped. This definition shall include waste
transfer stations and recycling depots.
Water Body
Shall mean any bay, lake, river, natural watercourse or canal but excluding a drainage or
irrigation channel.
Water Setback
Shall mean, in reference to a water body and watercourse, the horizontal distance between
the high-water mark and the nearest building line.
Watercourse
Shall mean a natural or altered drainage channel that contains water either permanently or
intermittently, including creeks, streams, and municipal drains pursuant to the Drainage Act.
Wellness Centre
Shall mean a premise devoted to activities and uses promoting good health and includes the
teaching and practice, in both individual and group sessions, of a range of holistic, alternative
and integrative natural health practices and may include meditation, acupuncture, shiatsu,
massage therapies, yoga, and healthy eating programs, and may include accessory Uses
such as administrative offices, physical fitness rooms, and waiting rooms, directly
associated with the premises, but excludes a recreational commercial establishment.
Wetland
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 and has favoured the dominance of
either hydrophytic or water tolerant plants. The four major types of wetlands are swamps,
marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or which
no longer exhibit wetland characteristics are not considered to be wetlands for the purposes
of this definition.
Wholesale Establishment
Shall mean any establishment which sells merchandise to others for resale and/or to
industrial or commercial users.
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Wind Farm
Shall mean a collection of wind turbines placed in proximity to each other in one geographic
area which are used in combination or operated collectively for the generation of mechanical
or electrical energy.
Wind Turbine
Shall mean a Class 1 wind facility under the Green Energy and Green Economy Act, 2009
with a nameplate capacity less than or equal to 3 kW being a machine designed and used for
converting the kinetic energy in wind into mechanical energy or electrical energy.
Wind Turbine, Commercial
Shall mean a Class 2, 3, or 4 wind-facility under the Green Energy and Green Economy Act,
2009 with a nameplate capacity greater than 3 kW being a machine designed and used for
converting the kinetic energy in wind into mechanical energy or electrical energy.
Working Drawings
Shall mean sets of drawings, construction plans, blueprints and specifications necessary to
obtain a Building Permit under the Building Code Act.
Workshop - see Custom Workshop
Work Live Units
Shall be defined as: a business premises with an accessory living space for the business
owner/operator where the floor area dedicated to business use is clearly predominant and
distinguishable from mixed use space and physically separated from the dedicated
residential use space.
Wrecking Yard
Shall mean a lot and/or building or premises where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further use,
dismantled or abandoned. This definition may include a junk yard, a salvage yard, a scrap
metal yard, a recycling depot and an automobile wrecking yard on the premises.
Yard
Shall mean an area of open land between a main wall of a building and a lot line that,
except for landscaping or accessory buildings and projections specifically permitted
elsewhere in this by-law, is unobstructed above grade.
Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line.
Yard, Rear
Shall mean a yard extending across the full width of the lot between the rear lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of the main
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building closest to the rear lot line. Where there is no rear lot line, the Yard, Rear shall be
measured from the intersection of the side lot lines to the closest point of the main wall of the
main building.
Yard, Side or Interior Side
Shall mean a yard extending from the front yard to the rear yard between the side lot line
and a line drawn parallel or concentric thereto and through the point of the main wall of a
building closest to the side lot line.
Yard, Side Exterior
Shall mean a side yard adjacent to a public street.
Yard, Side - Interior
Shall mean a side yard other than an exterior side yard.
Zone
Shall mean a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Shall mean any provision of this By-law which is listed under the heading "Zone Regulations" and
includes anything which is applicable to the zone or use.
Zoning Administrator
Shall mean the officer, employee or such other person as may from time-to-time be designated
by Council, charged with the duty of enforcing the provisions of this By-law.
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Figure 3:Type of Yards
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Explanatory Note
The General Provisions section of the By-Law sets out the regulations which apply
regardless of the specific zoning. Whereas each zone category stipulates site specific
controls corresponding to such items as permitted uses and Building location and
height restrictions, the General Provisions regulations are more general in nature,
applying to a variety of uses regardless of zoning.
4.1
Accessory Buildings
1. Except as permitted in sentences 2, the minimum distance between free
standing buildings or structures on the same lot shall be 2.4m (7.9 ft).
The minimum distance measurement shall be taken horizontally from the
outermost surface of each building or structure that faces another
building or structure.
2. Where an elevated platform such as, but not limited to, loading docks,
decks, porches, and balconies are attached or abutting and servicing a
building or structure, the minimum distance described in sentence 1
shall be measured from the outermost platform edge of such an elevated
platform to any other building or structure located on the same lot.
Table 1 - Zone Regulations for Accessory Uses
Item
All Residential
Zones
Non-Residential Zones
Exceptions/Additional
Requirements
Minimum
Front Yard
Same as
principal use or
main building
Same as principal use or
main building
- M1 Zone: 12 m (39.3
ft.) abutting a
residential zone
Minimum
Exterior Side
Yard
- 4.5 m (14.7 ft.)
- C1, C1P Zones:
0.0 m (0.0 ft.)
- C2 zone: 9 m (29.5 ft.)
- C3, C4, C5 Zones: 3
m (9.84 ft.)
- M1 Zone: 6 m
(19.6 ft.)
- C1, C1P Zones: 9 m
(29.5 ft.) abutting a
residential zone
- C3, C4, M1 Zones:
9 m (29.5 ft.)
abutting a
residential zone
- C5 Zone: 6 m (19.6 ft.)
+ 1 m for each storey
over 2 and
Section 4.
General Provisions
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Item
All Residential
Zones
Non-Residential Zones
Exceptions/Additional
Requirements
- M2 Zone: 7.5 m
(24.6 ft.)
- I Zone: 7.5 m (24.6 ft.)
- WMF: 30 m (98.4 ft.)
10 m (32.8 ft.) from an
Existing dwelling
Minimum
Interior Side
Yard
1.2 m (3.93 ft.)
- C1, C1P Zones:
0.0 m (0.0 ft.)
- C2, C3, C4, C5, M1
Zones: 3 m (9.84 ft.)
- M2 Zone: 4.5 m (14.7
ft.) one side and 6 m
(19.6 ft.) other side
- C1, C1P Zones: 9 m
(29.5 ft.) abutting a
residential zone
- C2, C3, C4, M1 Zones:
6 m (19.6 ft.) abutting
a residential zone
- C5 Zone: 6 m (19.6 ft.)
+ 1 m for each storey
over 2 and 10m (32.8
ft.) from an Existing
dwelling
- M2 Zone: add 0.5 m
(1.6 ft.) for every 2 m
(6.5 ft.) over height of
11 m (36.0 ft.)
- Lesser of setback of
main building or ½
the height of
accessory structure
over 4.5 m (14.7 ft.)
Minimum Rear
Yard
1.2 m (3.93 ft.)
1.2 m (3.93 ft.)
- Minimum setback of
30 cm (11.8 inches)
shall apply to eaves,
soffit, fascia and roof
extension
- Lesser of setback of
main building or ½
the height of
accessory structure
when height is over
4.5 m (14.7 ft.)
Maximum
Height
4.5 m (14.75 ft.)
Same as principal use or
main building
- C3 Zone 4.5m (14.8
ft.)
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Item
All Residential
Zones
Non-Residential Zones
Exceptions/Additional
Requirements
Maximum Lot
Coverage
Lesser of 10% of
lot area or 25%
of Floor Area,
Ground
Lesser of 10% of lot area
or 25% of Floor Area,
Ground
- Lot Coverage
included as part of
total lot coverage
Bike Rack
Minimum Front
Yard R4: 1m
Minimum Front Yard all
commercial and
institutional zones: 1m
Carport or
Garage -
Private
- Minimum
Front or
Exterior Side
Yard, all
residential
zones: 6 m
(19.6 ft.) for a
carport or
private garage
- 0.0 m (0 ft.)
interior side
yard with a
common party
wall on a side
lot line and 1
bay on each
side of the
property line
- Maximum 10% lot
coverage or ground
floor area of 67 m2
(721.2 ft2) whichever
is less
Garden Suite
- Minimum Rear
or Interior Side
Yard: 3 m
(9.84 ft.)
- Maximum gross floor
area: 60 m2 (645.8
ft.2).
4.1.1 Provisions for all accessory uses, buildings, and structures
Where a lot is devoted to an established principal use, accessory
uses, buildings, and structures shall be permitted in all zones as
set out in the list of permitted accessory uses for each specific zone
and in compliance with Table 1 - Zone Regulations for Accessory Uses
and the following:
a) All accessory uses, buildings and structures to a permitted
principal use shall be located on the same lot and in the same
zone as the principal use or main building. Where a lot has been
severed by a public roadway or a natural feature such as
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watercourse or ravine, such a lot may be used for an accessory
use provided that the lot is under the same registered ownership
as the lot upon which the principal use is located.
b) All accessory uses, buildings and structures must comply with the
provisions of the Zoning By-law, regardless of whether a building
permit is required or of is not required.
c) Other than a warehouse or storage areas for an Industrial Use or
a commercial use, or a private garage, an accessory use located
within the same building as a principal use, should not occupy
more than 25% of the net floor area, except where expressly
permitted herein.
d) The use of any accessory building for human habitation is
not permitted except where specifically listed as a permitted
use (e.g. accessory dwelling).
e) No accessory building in a residential zone shall be located within
a front yard or an exterior side yard except that a private garage
or carport in a Residential Zone may be located in a front yard or
exterior side yard where such garage or carport has a minimum
setback from the street-line of 6 m.
f) Accessory uses, buildings and structures shall comply with the
zoning regulations for the zone in which they are permitted per
Table 1 - Zone Regulations for Accessory Uses. If there is no
minimum setback or other zone regulation specified for a
permitted accessory building, or structure then the minimum
yard requirement or other zone regulation of the applicable zone
for the principal use shall apply. Notwithstanding the preceding,
the minimum setback for a garage exit shall be 6 m and for a
loading dock shall be 15 m.
g) Bike racks are permitted in the front yard of all Commercial,
Institutional and Residential Fourth Density Zones provided that the
bike rack and the associated bicycle storage space is setback a
minimum of 1 m from the lot line.
h) Accessory dwellings shall conform to the setback requirements
of the main permitted use(s).
i) Except where permitted in a specific zone, an accessory building
or structure shall not exceed the maximum height specified in
Table 1 - Zone Regulations for Accessory Uses.
j) Notwithstanding any minimum yard requirement detached
garages or carports with two or more vehicle parking bays may be
located with the dividing wall or supports separating the parking
bays mutually centered on a common side lot line.
k) The area covered by accessory buildings, structures and uses,
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excluding unenclosed in-ground swimming pools, shall be included
in the calculation of maximum lot coverage. The total lot
coverage of all accessory buildings and structures, except as
otherwise provided for within a specific zone or zone category,
shall not exceed 10% of the lot or 25% of the floor area of the
principal building(s) on a lot, whichever is less (also see
definition of Maximum Lot Coverage).
l) An accessory building or structure may be used to house or shelter
domestic pets.
m) An attached deck shall be treated as part of the principal
building when applying zoning regulations and is only an
accessory structure if it is detached.
n) Except where specifically permitted, animal husbandry or
breeding domestic animals, livestock, or other animals, is not
permitted in any residential zone.
o) Despite paragraph 4.1.1 c) above, a shoreline structure such as a
marine facility dock or wharf, pumping station or pump house may
be located in any yard, where a lot abuts a navigable waterway,
provided that the approval of any governmental authority having
jurisdiction has been obtained and provided that the marine
facility, dock or wharf is located not closer than 1 m (3.28 ft.) to the
nearest adjacent lot line and does not encroach on adjacent
frontage when the lot boundaries are extended into the water.
p) A private garage or car port shall not exceed a floor area or
footprint of 67 m2 (721 ft2) or a maximum lot coverage of 10%,
whichever is less, except that, in any case a floor area or footprint
of 20 m2 shall be permitted.
q) No accessory building or structure shall be located closer than
1.2 m (3.93 ft.) to an interior side lot line or to a rear lot line and
a minimum setback of 30 centimetres (1 ft.) shall apply to all
eaves, soffit, fascia or roof extensions. Any accessory structure
exceeding a height of 4.5m (14.75 ft.) shall have a minimum
setback from an interior side lot line or rear lot line equal to half
the height of the building or the minimum setback required for a
principal building on the lot, whichever is less. Except where
specifically permitted, no accessory building shall be located
within 4 metres (13 ft.) of the intersection of a Driveway with a
street-line.
Accessory Buildings Prior to Erection of Main Building
r) No accessory building shall be erected prior to the erection of
the main building on a lot, except where it is necessary for the
storage of the tools, and materials for use in connection with the
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construction of the main building or structure, and no such
accessory building shall, prior to the erection of the main
building, be used for any purpose other than storage and shall
not exceed a floor area or footprint of 20 m2 on a lot zoned for
residential use or 30 m2 on a lot zoned for commercial or
Industrial Use.
s) A green roof is a permitted accessory use in any zone
t) See current Sign-By-law, as amended from time to time.
u) Swimming Pools - See current Swimming Pool By-law, as
amended from time to time.
v) Legal non-conforming uses shall be permitted to have
accessory uses in compliance with the provisions in this section of
this By-law and the zone regulations of the applicable zone.
Yard Sale
w) A yard sale is a permitted, occasional accessory use in a
residential zone and is for the sale of excess goods and materials
no longer of use to the household. A yard sale is not permitted as a
home-based business and shall not be operated in the same
manner as a home- based business. Yard sales may be held up to
four days in a calendar month and up to a maximum of twelve (12)
days per year.
x) Where there is conflict between Table 1 and the provisions found in
subsection 4.1.1 with subsection 4.35 Permitted Projections, the
requirements found in subsection 4.35 shall prevail.
4.2
Additional Residential Unit
Notwithstanding any provision of this By-Law to the contrary, where a single
detached, semi-detached , row house or townhouse is permitted as a
principal use in a zone, a maximum of two additional residential units, as
herein defined, are permitted on the same lot in accordance with the following
provisions:
a) A maximum of two (2) additional residential units (ARUs) shall be
permitted per property. Up to a maximum of two (2) ARUs may be
permitted within a principal residential dwelling. One (1) ARU may
be permitted within an accessory structure, provided there is only a
maximum of 1 ARU in the principal dwelling.
b) The additional residential unit shall comply with the provisions of
the Building Code Act;
c) The additional residential unit shall be connected to the same
water supply and sewage disposal system as the principal
dwelling;
d) Additional residential units shall not be permitted within lands
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identified as having Environmental Protection (EP) zoning.
e) The gross floor area of an ARU shall not exceed the gross floor area
of the principal residential use.
f)
The additional residential unit shall share the driveway entrance to
the lot with the principal dwelling, except for a corner lot which has
frontage on two open and maintained public roads;
g) The subject property shall comply with the minimum lot area and
minimum lot frontage requirements of the zone and shall have
frontage on an opened and maintained year-round public road. For
the sake of clarity, additional residential units shall not be permitted
on private roads.
h) Each additional dwelling unit shall have one parking space that
is provided and maintained for the sole use of the occupant;
i)
The parking space shall be demonstrated as a usable parking
space, that is space that is clear and accessible;
j)
The parking space provided and maintained for the sole use of
the occupant of an additional residential unit may be a tandem
parking space (defined as being a parking space that can only
be accessed by passing through another parking space from a
street, lane or driveway).
k) An existing accessory structure that complies with all zoning
provisions may be partially or fully converted to an additional
residential unit, except that no habitable room window shall face an
interior side lot line or rear lot line unless the existing accessory
building conforms to the minimum side lot line and rear lot line
setbacks required for the principal dwelling;
l)
A new accessory building may be constructed as an
additional dwelling unit provided that it conforms to all
applicable provisions for the principal dwelling, including but not
limited to setbacks and lot coverage;
m) Not withstanding any provisions to the contrary, for properties
developed with an Additional Residential Unit the maximum lot
coverage shall be 45%.
n) The maximum permitted height of a new Additional
residential unit in an accessory building shall be 4.5m (14.7
ft); The additional residential unit shall be included in the
calculation of lot coverage.
o) An additional residential unit is not permitted as a second storey to
an existing or new accessory structure.
4.3
Amenity Space
Notwithstanding any other provisions in this by-law to the contrary, an amenity
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space shall be provided at a minimum of 9 m2 per dwelling unit for an
apartment building of more than 10 units.
4.4
Auto Services Stats, Gas Bar, Automobile Washing Establishment
Despite any other provisions contained in the By-law, for all zones within which
an auto service station, gas bar, and/or automotive washing establishment is
permitted the following shall apply:
a) Minimum lot frontage on any street
36.5 m (119.7 ft.)
b) Minimum front yard
9 m (29.5 ft.)
c) Minimum exterior side yard
9 m (29.5 ft.)
d) Minimum interior side yard non-residential
3 m (9.84 ft.)
Minimum interior from a residential use
6 m (19.6 ft.)
e) Minimum rear yard
5 m (16.4 ft.)
f)
Minimum setback from an overhead canopy to any lot line
notwithstanding paragraphs a) through g)
2 m (6.56 ft.)
g) Minimum setback of any pump island from any lot line notwithstanding
paragraphs a) through g)
6 m (19.6 ft.)
No canopy shall project over a street exit or driveway or within 4.5 m of
a lot with a residential use.
h) Minimum width of a single entrance or exit
3.5 m (11.5 ft.)
i)
Minimum width of a combined entrance and exit
7 m (22.9 ft.)
j)
Maximum width of a single entrance or exit:
5 m (16.4 ft.)
k) Maximum width of a combined entrance and exit
9 m (29.5 ft.)
l)
Minimum distance between any two entrances and/or exits 6 m (19.6 ft.).
m) Minimum distance between an entrance or exit or a combined entrance
and exit and the intersecting street lines on a corner lot
6 m (19.6 ft.)
n) Minimum number of exits
2
o) Minimum setback of any above ground bulk fuel storage tank from any
lot line subject to paragraph r)
10 m (33 ft.)
p) Minimum setback between a car wash and any residential lot line
20 m (65.6 ft.)
q) All fuel storage tanks above or below ground for any fossil fuels or
propane shall comply with the Technical Standards and Safety Act,
2000, the Ontario Propane Code and the Gasoline, Liquid Fuels
Handling Code and no Building Permit shall be issued without the prior
approval of any equipment or fuel storage facilities by the Technical
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Standards & Safety Authority.
r)
a baffle, curb or other traffic barrier at least 0.30 m (0.98 ft.) high shall
be installed between the vehicle parking area, service and access
lanes and the street lines so as to prevent vehicles from entering or
leaving the property other than by way of the entrances and exits
provided in this section.
4.4.1 Separation of Car Wash from Residential Zone
Where an automobile washing establishment abuts a Residential Zone,
the following requirements will apply:
a) Despite any other requirements of this By-Law for a lot abutting lands
zoned for residential use, a drive-through mechanical automobile
washing establishment shall not be permitted on any lot having a lot
area of less than 3,000 m2 (0.74 ac.) and shall not be located closer
than 20 m (65.6 ft.) to any lot line abutting such Residential Zone;
b) No washing or drying operations will be permitted except within the
building designed for the purpose of the automobile washing
establishment;
c) For a drive-through mechanical automobile washing establishment,
the building shall be so designed that drying machinery and equipment
within the building is furthest removed from the lot line(s) abutting a
residential zone, and that cars exiting the building do so also from the
side of the building which is furthest removed from the lot line(s)
abutting a residential zone.
d) A landscaped area of not less than 3 m (9.84 ft.) in depth from the lot
line(s) which abut lands which are zoned for residential use shall be
used for no other purpose than landscaping, including the planting of
trees and shrubs and the erection and maintenance of screening, walls
and fences.
4.4.2 Required Vehicle Queue Space
On lots where a mechanical, drive-through automobile washing
establishment is to be erected, off-street vehicle service queue spaces
shall be provided in accordance with the following provisions: Required
number and location of queue spaces:
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Type of car wash
Before each
wash Bay
After each
wash bay
conveyor type
10
2
automatic type
7
2
Manual type
4
1
4.4.3 Landscaping
Where any lot which is used or intended to be used for the purpose of an
auto service station adjoins a street, then a strip of landscaped open
space of a minimum width of 1.5 m (4.92 ft.) shall be provided along any
lot line abutting a street and the said landscaped open space shall be
continuous except for aisles or driveways required for access to the lot.
4.5 Bed and Breakfast Establishments
A bed and breakfast establishment is permitted as an accessory use within a
single-detached in a Residential Zone, the Neighbourhood Commercial (C3)
Zone, or the General Commercial (C1) Zone subject to the following
requirements:
a) The operator shall be residing on the premises.
b) The maximum number of guest rooms shall be 4
c) Parking on the property shall meet the minimum required for the
residential use and additional spaces shall be provided per the provisions
of subsection 4.33, particularly articles 4.33.4 through 4.33.9, when
applicable, and subsection 4.34 and the required parking spaces shall
be in place prior to occupancy of the bed and breakfast establishment.
No more than two parking spaces in the front yard.
d) Bed and Breakfast Establishments shall be subject to the home
based business regulations of Subsection 4.18 of this By-law except the
provisions of this section shall prevail in the event of a conflict.
e) No new bed and breakfast establishment shall be permitted on an
abutting lot or the same side of the street within 60 m (196.8 ft.) of an
existing bed and breakfast establishment measured from property line
to property line
f)
A lot in a residential zone shall have frontage or an exterior side yard
on: Drummond Street, Wilson Street West, Gore Street, North Street or
Craig Street.
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g) Any landscaping and screening measures required under this By-law
have been established or installed.
h) The lot and buildings shall comply with any applicable requirements of
the Town of Perth Property Maintenance and Occupancy Standards By-
law.
i)
A bed and breakfast establishment shall obtain and comply with any
licensing by law established by the municipality
4.6 Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality, or
shall be moved from outside the Municipality into the Municipality, unless the
building or structure is a permitted use and satisfies all the requirements of
the zone in which it is to be located, and a permit has been obtained from the
Chief Building Official.
4.7 Canals or Water Diversion
No canal shall be constructed, extended or water course altered without the
prior approval of the Rideau Valley Conservation Authority and, if applicable,
the Ministry of the Environment, Conservation and Parks or the Ministry of
Natural Resources and Forestry.
4.8 Cannabis Production and Processing
Notwithstanding any other provision of this By-law, any Cannabis Production
and Processing shall be subject to the following provisions:
a) No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the Restricted Industrial Zone (I1) and General
Industrial (I2) zones may be located no closer than 70 meters to any
Residential Zone, Institutional Zone, or Open Space Zone;
b) No lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air treatment
control situated in the Restricted Industrial Zone (I1) and General
Industrial (I2) zones may be located closer than 150 metres to any
Residential Zone, Institutional Zone, or Open Space Zone;
c) A building or structure used for security purposes for Cannabis
Production and Processing may be located in the required front yard
and does not have to comply with the required minimum front yard, side
yard, and rear yard
d) Outdoor storage is prohibited on the property in which the Cannabis
Production and Processing is located;
e) Cannabis Production and Processing shall only be permitted within the
zones as explicitly indicated in this Zoning By-law;
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f)
All development in relation to the establishment of or expansion to a
Cannabis Production and Processing shall be subject to Site Plan
Control.
g) Cannabis Production and Processing facilities will require 1 parking
space for every 90 square metres of usable floor area.
h) A building or structure used for security purposes for a Cannabis
production facility may be located in the front yard and does not have to
comply with the required minimum front yard setback;
i)
Loading spaces for a Cannabis production facility must be in a wholly
enclosed building;
j)
All uses and activities associated with the Cannabis production facility,
including growing, must take place entirely within a building.
4.9 Cannabis Retail Store or Dispensary
AGCO Setback Requirements as per Ontario Regulations 468/18. The AGCO is
the provincial authority that licences Cannabis retail operators, authorizes
Cannabis retail locations, and licenses senior store staff. Municipal
governments have no licensing authority. The AGCO regulates and reviews all
aspects of the retail operation including municipal and public input, and whether
the proposed store location is consistent with the public interest as defined in
the regulations.
The provincial government has committed to allowing private recreational
Cannabis retail stores throughout Ontario starting April 1, 2019. As
recreational Cannabis is a legal, controlled and regulated product, Cannabis
stores will be considered like any other type of retail and, as such, no zoning
changes are needed.
The AGCO will have a 15-day window for public and municipal government
comments for each store site proposed by an approved operator. The
legislation provides that municipal comments should focus on whether a
proposed storefront location is in the public interest, as defined in the regulation.
In the regulation, public interest is defined as public health or safety, protecting
youth and eliminating the illegal market.
A Cannabis retail store cannot be located near a school or private school, as
defined in the Education Act, if the proposed retail store is less than 150
metres away from the property line of the school or private school. This will be
determined as follows:
a) When the school or private school is the primary or only occupant of a
building, 150 metres shall be measured from the property line of the
property on which the school or private school is located.
b) When the school or private school is not the primary or only occupant of
a building, 150 meters shall be measured from the boundary of any
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space occupied by the school or private school within the building.
4.10 Change of Use
A use of lot, building or structure which, under the provisions hereof, is not
permissible within the zone in which such lot, building or structure is located,
shall not be changed except to a use which is permissible within such zone or
where approved by the Committee of Adjustment and a permit has been
obtained from the Chief Building Official.
4.11 Cumulative Standards
a) Despite anything contained in this By-Law, where any land, building or
structure is used for more than one purpose, all provisions of this By-
Law relating to each use shall be complied with. In the case of a
conflict between provisions, the most stringent provisions shall apply.
b) When a building, structure or lot accommodates more than one use,
the delivery space requirements, loading space requirements and
parking space requirements for such a building, structure or lot shall
be the sum of the requirements for the separate uses thereof, unless
exempted elsewhere in this By-Law.
Example of cumulative standards: where a lot is to be developed for a
commercial use and an accessory dwelling, the number of parking spaces
required would include the combined total of those for the commercial use plus
those for the dwelling.
4.12 Established Building Line
Notwithstanding the yard and setback provisions of this By-Law to the contrary,
in any residential Zone, where there is an established building line extending
on both sides of the lot, such permitted building or structure may be erected
closer to the street line than required by this By-Law provided such permitted
building or structure is not erected closer to the street line than the
established building line on the date of passing of this By-Law but in no case
shall the setback be less than:
-
3m (9.8 ft) from the front or exterior side lot lines; or
-
6m (19.6 ft) from the front or exterior side lot lines for a garage or car
port.
4.13 Fences
See the Town of Perth Fence By-law, as amended from time to time.
4.14 Frontage on and Access to a Public Street and Exemptions
4.14.1 Public Street
No building or structure shall be constructed or placed in any zone
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unless the lot upon which such building or structure is to be erected
has the minimum frontage on a public street (developed in accordance
with municipal standards) as per the requirements of the respective zone
within which the lot is situated or is a legal non-complying existing lot.
4.14.2 Exemptions
The requirements for frontage on a public street shall be exempted for
the following circumstances:
a) For a public utility.
b) For a private utility or communications facility with right-of-way access
c) For any passive outdoor recreational use or activity (e.g. recreational
trails or similar activities).
d) For a permitted use in a registered condominium where the design
includes access to an improved public street and the condominium
agreement provides for the ongoing year-round maintenance of any
internal, private road, lane, driveway, or right-of-way that connects
parking spaces or areas to an improved public street;
e) For a commercial property where access to an improved public street
is ensured by way of a permanent right-of-way or easement to a mutual
entrance or over a private lane or driveway.
4.14.3 Lands Subject to a Subdivision or Access Agreement
a) Despite subsection 4.14.1 Public Street, where a maintenance or
subdivision agreement and/or a pre-servicing agreement exists between
the municipality and a land owner(s) and is registered on title, frontage
on an unopened, un- assumed, or un-maintained public street shall be
deemed to conform to the provisions of this section, provided that such
frontage is in conformity with the zone regulations set out in the
corresponding zone or any exception thereto.
b) Despite subsection 4.14.1 Public Street, where an agreement has been
entered into with the Municipality for access via an unopened road
allowance or a closed road allowance is registered on title and provides
an easement or access rights to an existing lot which is developed or
intended to be used for a permitted use, such uses shall be deemed to
comply with the access provisions of this By-law.
4.14.4 Frontage on a Provincial Highway
In addition to all the municipal requirements, any development adjacent
to a provincial highway is also subject to the requirements and permits
of the Ministry of Transportation.
4.15 Garden Suite
Subject to the passing of Site-Specific Temporary Use By-Law under Section
39 of the Planning Act, one garden suite shall be permitted as an accessory
use to a permitted, single-detached or Semi-detached dwelling provided:
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a) The lot meets the minimum lot area of the applicable zone.
b) That the maximum height of the garden suite is one storey up to 5 m (16.4
ft.)
c) that the garden suite is located in a rear or interior side yard and shall meet
the zone regulations for building separation and lot coverage in the zone
in which the garden suite is located and is set back a minimum of 3 m (9.8
ft.) from any rear lot line.
d) A garden suite shall only be permitted where the owner of the property has
entered into an agreement with the municipality under the Municipal Act to
register the name(s) of the occupant(s), to govern the appearance and
maintenance of the dwelling and its removal when the dwelling has been
vacated, the occupant(s) die, or the temporary use By-Law expires,
whichever is applicable.
e) A garden suite shall comply with the Building Code for year-round
occupancy.
4.16 Group Homes
a) Type "A" Group Homes may be a permitted use in all zones in which a residential
use is permitted. Type "B" Group Homes shall be permitted subject to a site-
specific Zoning By-law amendment.
b) All group homes shall be registered under the provisions of the Municipal Act and
this registration shall be completed prior to the establishment of any such facility.
At the time the group home is proposed to be established the sponsoring agency,
group or persons shall furnish the following information:
- the type and location of the group home proposed;
- the number of residents;
- the name of the licensing or approval agency within the province and
proof of licensing or approval or financing;
- plans for parking including visitor parking; and
- architectural information pertaining to the facility.
4.17 Height Exceptions
a) The height regulations set out in this By-Law shall not apply to any of the
following:
i. Air conditioning system
ii. Chimney
iii. Church spire or belfry
iv. Communications Facility
v. Drying tower
vi. Elevator or stairway enclosure
vii. Enclosed mechanical and electrical equipment
viii. Farm buildings and structures such as a barn, silo or wind turbine
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ix. Flagpole
x. Hydro electric transmission tower
xi. Lighting standards
xii. Lightning rods
xiii. Mechanical equipment penthouse occupying less than twenty-five
percent (25%) of the area of the roof of the building on which it is
located
xiv. Ornamental dome, cupola, turret or tower
xv. Receiving and transmitting antenna
xvi. Receiving stations and communications or cellular towers
xvii. Satellite dish/receiver
xviii. School gymnasium
xix. Solar panels or solar collector
xx. Theater or cinema auditorium
xxi. Ventilating fan or skylight
xxii. Water storage tower or tank
xxiii. Wind Turbine/commercial wind turbine
xxiv. The minimum setbacks in all directions for a
communications facility
b) Shall be the equivalent of the height of the tower except where such
facility is authorized and/or approved by Industry Canada.
4.18 Home Based Businesses
Despite any other provisions contained in this By-Law, for all residential zones
within which home based businesses are permitted, the following provisions
shall apply:
4.18.1 Scope of Permitted Home Based Businesses
The following uses shall be permitted in any zone where a home-based
business is permitted:
a) professional and consulting services (examples: architect, financial
advisor, accountant, consultant, legal services, physician,
teleworking, surveyor);
b) instructional services (examples: music lessons, dance, art and
academic tutoring) with a limit of 5 pupils;
c) home craft businesses (examples: quilting, pottery, jewelry, visual
arts, woodworking, small scale assembly);
d) A home day care or unlicensed childcare as regulated under the Child Care
and Early Years Act;
e) Distribution sales offices or mail order sales; or on-line sales and
services of articles suitable for small parcel delivery, including but not
limited to cosmetics, clothing, crafts, small household appliances,
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and provided the product or service delivery is primarily from an off-
site non residential location.
f) offices for contractors and trades (examples: plumbing, heating,
electrician);
g) repair services including but not limited to small appliances,
computers, and musical instruments, and not uses identified in
subsection 4.18.2;
h) high technology uses including but not limited to internet services,
office support or call center services, desk top publishing, and
computer hardware and software development;
i) a taxi service where limited to no more than two licensed taxis;
j) personal care services (examples: hairdressing/cutting, massage
therapist, esthetician).
k) Pet grooming establishment, but not including overnight keeping of
animals.
l) A catering establishment but not including on-site food consumption.
m) A Studio.
n) Bed and Breakfast
4.18.2 Prohibited Uses
Prohibited uses include a retail or wholesale store, clinic, restaurant,
nursing or convalescent home, adult entertainment parlour, video rental
outlet, an automotive use including mechanical repairs and body work.
The incidental and limited retailing of products specifically fabricated on
site shall be permitted. Products sold by a distributor (distribution sales)
shall be permitted provided there is no on-site storage.
4.18.3 Regulations for Home-Based Businesses
a) The home-based business shall be clearly accessory to the main
permitted residential use and shall be operated by the owner or
occupant residing in the dwelling
b) The home-based business shall not create nor become a public
nuisance with regard to noise, traffic, parking, or health and
safety.
c) Except where expressly permitted, home-based businesses shall not
be permitted in an accessory building or structure unless
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permission has been granted by the Committee of Adjustment where
it has been determined that the impact of proposal on neighbouring
properties is deemed to be minor and the proposal complies with the
Ontario Building Code." There shall not be more than two (2) home-based
business conducted within any one dwelling unit
d) The parking required per subsection 4.33.6 shall be provided on-
site before the business commences
e) The home-based business(es) shall cumulatively not occupy a floor
area equivalent to more than 25 % of the net floor area of the
dwelling unit or a maximum of 47 m2 (505.9 ft.2) whichever is less.
The home-based business(es) shall not occupy a cumulative floor
area equivalent to or more than 47 m2 (505.9 ft.2) of an accessory
structure.
f) Any machinery or equipment used shall be comparable to the tools
customarily used in a domestic household, used by an artist or artisan
or used in the office of a dentist or physician; shall not cause noise,
odour, or dust impacts on adjacent residential uses; shall not require
the installation of dedicated ventilation equipment, shall exclude
welding equipment, and shall not interfere with television or radio
signal reception on adjacent properties.
g) No outdoor storage shall be permitted.
h) The home-based business(es) shall be legal with regard to any
necessary permits or licenses, and regulations from the Corporation
and any other applicable government body having jurisdiction. Proof
of required permits and licenses shall be filed with the municipality
annually and will be deemed to expire on the 31st of December of
each calendar year and shall be renewed or resubmitted no later than
the last business day in the month of January.
4.18.4 Employees, Hours and Parking for Home Based Businesses
a) The home-based business shall not employ more than two (2)
employees to work on-site who do not reside therein.
b) Not more than 15% of the lot area shall be used for parking, and off-
street parking shall not be accommodated on a front lawn or yard
(See also 4.18.3 b) and e)). The maximum number of home-based
business related parking spaces permitted on a lot shall be four (4)
including one per employee and spaces required for the business
use shall be per Subsections 4.33 and 4.34. Such parking spaces
shall be in addition to the parking spaces required for the residential
use.
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c) The business shall not generate excessive traffic by regularly
attracting parking demand in excess of the on-site parking and any
permitted parking on the street immediately in front of the host
property and shall not create a traffic hazard.
d) All deliveries to the business shall take place on the same lot as
the home-based-business, and in no case shall any on-street
delivery be permitted.
e) There shall not be more than two (2) commercially licensed vehicles
parked at any one time on the property of the home-based business
and any commercial vehicles or trailers used for the home-based
business shall be parked behind the front building line.
f) The home-based business shall maintain reasonable hours of
business and shall be subject to full compliance with the
Municipality's Noise By- Law.
g) The home-based business shall not receive clients or deliveries
between the hours of 21:00 h and 07:00 h.
4.19 Illumination
Illumination of buildings, structures and grounds shall be permitted provided:
a) Illumination shall not cause direct or indirect glare on a street that may
interfere with traffic or pedestrian safety.
b) Illumination shall not consist of a colour or be so designed or located that it
may be confused with traffic signals.
c) Illumination shall not cause direct or indirect glare on neighboring land or
buildings in a residential zone.
4.20 Keeping of Animals
No animals other than household pets shall be kept in any zone except in
association with a permitted kennel, animal hospital or animal shelter.
4.21 Kennels and Animal Shelters
a) A commercial or boarding kennel shall only be permitted in an Industrial
or Highway Commercial Zone.
b) Private Kennels shall be permitted only by site specific zoning amendment.
c) The minimum separation distance between a kennel and any existing
residential dwelling or any lot in a residential zone shall be 200 m (656 ft.).
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4.22 Land Suitability for Use
Despite any other provision of this By-Law, no habitable building or structure
shall be, erected, altered or used on land which, by reason of its rocky, low
lying, marshy, unstable character or which is located or may be located on
organic soil, unless:
a) The proponent or applicant for development can demonstrate through
professionally acceptable engineering techniques that the physical constraint
can be mitigated or overcome, and
b) That the proposed development complies to the provisions of Subsections
4.13 and 4.14 of this By-law, and
c) That the requirements of the Ontario Building Act with respect to construction
can be met.
4.23 Landscaped Open Space, Planting Strips and Visual Buffer Strip
Despite any provisions to the contrary, on lands within the Open Space or
Environmental Protections Zones, the area on any lot not legally used or
required for buildings or structures, parking or vehicle access, or outdoor
storage and outdoor display areas or another permitted use, shall be
maintained as landscaped open space and the following specific provisions
shall apply:
a) Planting Strip or Visual Buffer Required.
Where, in any zone, a parking area comprised of, or required to have, more
than four (4) off-street, not including those spaces located within a garage,
parking spaces abuts an existing residence or a lot in a residential zone,
or where any lot in an Industrial or a Commercial Zone abuts an existing
residence or a lot in a Residential Zone, then a continuous landscaped
open space having a minimum width of 4.5 m (14.7 ft.) shall be provided
along the abutting lot line of the lot and shall include a screening planting
strip or visual buffer strip. Where the visual buffer strip is comprised of a
solid wood or other opaque fencing a minimum of 1.8 m (6 ft.) high, the
required landscaped open space for a parking area may be reduced to a
width of 1.8 m. This provision shall not apply to driveways between semi-
detached dwellings units.
In any case, a parking area for more than four vehicles or any parking lot for
a commercial use, vehicle storage or vehicle display area shall maintain a
landscaped open space strip 1 metre wide adjacent to any road allowance
or any portion of a lot line not used for entrances, lanes, vehicle or
pedestrian access facilities.
A continuous strip of landscaped open space a minimum of 4.6 m (15 ft.) in
width shall be provided along the side and/or rear lot lines of any lot which is
occupied by an apartment dwelling over three (3) storeys in height except
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that where such lot abuts any R1, Zone Category the width of the
landscaped open space strip shall have a minimum width of 6 m (19.7 ft.).
In any case, the width may be reduced to 1.8 m (6 ft.) where a planting strip
or visual buffer strip is included.
b) Height of the Planting Strip or Visual Buffer Strip
The required height of a planting strip or visual buffer strip shall not be less
than 1.75 m (5.75 ft.) and shall be measured in relation to the edge of the
adjacent area to be screened. In such cases where the established grade,
of the location at which the screen is to be created is less than the
established grade of the edge of the adjacent area, the required height of
the screen shall be increased in an amount equal to the difference in
elevation. In the event that the established grade of the location at which
the screen is to be created is greater than the established grade at the edge
of the adjacent area, then the required height of the planting strip or visual
buffer strip may be reduced an amount comparable to the difference in
elevation but, in any case, shall be a minimum height of 1 m (3.28 ft.).
Where a visual buffer or screen is required, it should provide a minimum of
80% view obstruction starting not more than 10 cm above grade and
extending not less than 1.6 m (5.5 ft.) above grade or as otherwise specified
herein.
c) Interruption of Landscaped Open Space for Driveways, Lanes or
Pedestrian Walks
In all cases where entrances, driveways, lanes or pedestrian walkways exist
or are necessary for ingress or egress to a lot or portion thereof, they shall
be permitted to extend through, and interrupt any required, landscaped
open space but opaque gates shall be used where such features interrupt a
required planting strip or buffer strip.
d) Merchandise in Landscaped Areas
No commodity, merchandise, stock in trade or other article of trade or
commerce shall be placed, maintained or allowed to remain at any place
within a required minimum landscaped planting strip or visual buffer strip.
e) Residential Front Yards
In any residential Zone at least 50% of the front yard shall be devoted to
landscaped open space, (also see 4.28 - Lot Coverage - Impervious
Surfaces). Where parking is permitted in a Front Yard, if there is a conflict
between the minimum parking requirement per Subsections 4.33 Parking and
Storage of Motor Vehicles, Bicycles - Drive Through Services and 4.34
Parking Requirements Table and this provision, the minimum parking
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requirement shall prevail. However, if there is a conflict between this
provision and the maximum design provisions, e.g. maximum driveway
width, the landscaping requirement shall prevail, except for properties which
have been developed with an Additional Residential Unit (ARU).
f) Landscaped Open Space and Lot Area Calculations
Any land used for landscaped open space shall be included in any
calculations of lot area, yard requirements, housing density etc. as set out in
this By-Law.
g) Existing Vegetation and Planting Conditions
Existing vegetation, in the form of mature trees and shrubs, shall be
preserved within a required landscaped open space and on any lands in
any zone to the maximum extent possible consistent with the siting of a
building or structure and any minimum required yards or setbacks on such
lands.
The selection of plant varieties shall be based on regional climatic conditions,
constraints of location, effectiveness in screening adjacent properties,
resistance to disease and insect attack, cleanliness and ease of
maintenance. Planting materials shall be installed using acceptable
horticultural practices and planting materials shall consist of healthy nursery
stock.
All required plant materials shall be maintained in a healthy condition and
wherever necessary replaced with new plant materials to ensure continued
compliance with landscaping requirements. All required fences and walls
shall be permanently maintained in good repair and presentable appearance
and wherever necessary they shall be repaired or replaced.
h) Site Plan Control
The provisions for landscaped open space or planting strips or visual buffer
strips as set out in this Section, are minimum requirements and shall not be
deemed to limit the Corporation's authority to impose other landscaping
measures through the site plan control process.
i) Landscaping Requirements Prevail
In any zone, where there is a conflict between a minimum yard or setback
requirement and the minimum width of a landscaped open space area,
planting strip or visual buffer strip required under the provisions of this
subsection, then the landscaping provisions of this subsection shall prevail.
4.24 Licenses, Permits, and Other By-laws
Nothing in this By-Law shall exempt any person from complying with
requirements of the Building By-law or any other By-Law in force within the
Municipality or from obtaining any permit, license, permission, authority or
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approval required by this or any other By-Law of the Municipality. When the
regulations or requirements of any department of Government impose greater
restrictions imposed by this By-Law, then the greater restrictions shall apply.
4.25 Loading/Delivery Space Requirements
For every building or structure hereafter erected for a commercial use,
Institutional Use or Industrial Use, involving the frequent shipping, loading or
unloading of, wares, merchandise or other goods, loading/delivery facilities or
spaces in accordance with the following zoning regulations:
a) Minimum loading / delivery space height clearance
4.25 m (13.9 ft.)
b) Minimum loading / delivery space width
3.75 m (12.3 ft.)
c) Minimum loading / delivery space length 90° to building
12 m (39.4 ft.)
d) Minimum loading / delivery space length parallel to building 14 m (45.9 ft.)
e) Minimum aisle, lane, or driveway width leading to a loading / delivery
space:
6 m (19.6 ft.)
f) Minimum setback between any required loading / delivery space and any
lot line
3 m (9.8 ft.)
g) Minimum setback between the side of an aisle, lane, or driveway leading to
any required loading / delivery space any lot line
3 m (9.84 ft.)
h) Minimum number of loading / delivery spaces:
i. for net floor area less than 350 m2 (3,767.4 ft.2)
ii. for net floor area over 350 m2 to 2,500m2 (3,767.4 ft.2 - 26,910.6 ft.2)
iii. for net floor area over 2,500 m2 to 7,500 m2 (26,910.6 ft.2 - 80,731.9
ft.2)
iv. for net floor area over 7,500 m2 (80,731.9 ft.2)
i) Despite preceding paragraph h), a use that creates or needs a loading
space to operate shall comply with the zoning regulations in paragraphs a)
through g) of this subsection.
j) A loading / delivery space shall not project into a required minimum front
yard or exterior side yard.
k) The loading / delivery space regulations shall not apply to existing
buildings or structures, or loading / delivery spaces but shall apply to
any increase in the net floor area of an existing building or structure or
creation of a new loading / delivery space after April 30, 2017.
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l) In the case of a shopping centre, individual premises shall be considered
as single buildings for the purposes of calculating the requirement for
loading spaces excluding any premises less than 185 m² (1,991 ft.2) from
the initial determination, then the total net floor area of the shopping
centre less the total floor area of all premises requiring or including a
loading space shall be used as the basis to calculate the total number of
required loading spaces in the shopping centre.
4.26
Lot Coverage Exemption
Notwithstanding the definition of the term "Legal non-complying" or the
maximum lot coverage specified in any residential zone category, on any lot
abutting Garden Avenue, Harris Street, Treelawn Blvd., Perthmore Street or
Decaria Blvd, within Registered Plans 27M-16, 27M-14, 27M-3, PL-88 or PL-
28, any combination of principal building and/or accessory structure
existing as of the date of this amendment (being March 22 2005) which have a
lot coverage of up to 40% shall have legal complying status and any existing
unenclosed accessory structure which increases lot coverage up to 45%
shall have legal non-complying status.
4.27 Lot Coverage - Impervious Surfaces
a) Residential Uses
Regardless of any other provision herein, the maximum area of a lot that
may be covered by impervious surfaces in a residential zone shall be 60%.
For properties developed with Additional Residential Units (ARUs), the
maximum area covered by impervious surfaces shall be 65%.
b) Non-residential Uses
Regardless of any other provision herein, the maximum area of a lot in a
non-residential zone, other than the C1 Zone, that may be covered by
impervious surfaces shall be 80%; but this shall not supersede any
applicable minimum vegetated landscaping requirement. In the C1 zone
the maximum lot coverage for impervious surfaces shall be 90%.
4.28 Medical Marijuana Production Facilities
Notwithstanding any other provisions in this by-law to the contrary, the following
provisions shall apply to permit medical marihuana production facilities in the
permitted zones specified in this by-law within the Town of Perth:
a) A medical marihuana production facility shall comply with all provisions of
the zone that it is located within;
b) A medical marihuana production facility will be prohibited on a lot within a
residential zone and on any lot containing a dwelling;
c) A medical marihuana production facility shall be located at least 70 metres
away from a lot in a Residential Zone and from any lot containing a school,
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park, community centre, or childcare centre.
d) No outdoor signage or advertising shall be permitted.
e) Parking spaces and loading spaces must be provided in accordance with
the Loading Provisions and Parking Provisions specified in this by-law. A
medical marihuana production facility will be interpreted as an 'Industrial
Use' for the purposes of calculating the required number of parking spaces
and loading spaces.
f)
Site Plan approval, in accordance with the Town of Perth Site Plan By-law,
as amended, will be required prior to permitting any development and the
use of a lot for the purposes of a medical marihuana production facility.
Through the Site Plan approval process, the Town may require sustainable
design features that reduce environmental and servicing impacts such as
the use of recycled water and low impact development measures.
g) Connection to municipal services is required.
4.29 Separation Distances (Special Setbacks)
Despite any zoning regulation or provision in this By-law, to the contrary, and
except where specifically exempted, all land use, buildings or structures shall
comply with the following:
4.29.1 Waste Management Facility
a) No development shall be permitted within 30 m (98.4 ft.) of the licensed fill
area of an active waste management facility.
b) No development of a sensitive land use shall be permitted within 500 m
(1,640 ft.) of a waste management facility, measured from the boundary of
the licensed fill area to the property line of the sensitive land use. Relief
from this setback may be granted by an application under the Planning Act
where an environmental study has been undertaken and any adverse
effects of the waste management facility are mitigated to the satisfaction of
Council and/or the Ministry of the Environment and Climate Change.
c) No waste management facility shall be located within 30 m (98.4 ft.) of any
waterbody the high water mark of any waterbody or wetland.
d) No waste management facility shall be permitted on land covered by water
or in any area subject to flooding.
4.29.2 Industrial Use
a) Class I Industry (Light Industrial): the minimum separation distance
from a sensitive land use shall be 20 m (65.6 ft.) measured as the shortest
horizontal distance between the lot line of the sensitive land use to the lot
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line of the Class I Industry Use. In the absence of said separation
between the lots, the distance shall be 32 m (105 ft.) measured as the
shortest horizontal distance from the property line of the lot zoned for or
occupied by, a sensitive land use to the industrial building or use.
b) Class II Industry (Medium Industrial): the minimum separation distance
from a sensitive land use shall be 70 m (230 ft.) measured as the shortest
horizontal distance between the lot line of the sensitive land use to the lot
line of the Class II Industrial Use. In the absence of said separation
between the lots, the distance shall be 82 m (270 ft.) measured as the
shortest horizontal distance from the property line of the lot zoned for, or
occupied by, a sensitive land use to the Class II Industry building or use.
c) Class III Industry (Heavy Industrial): the minimum separation distance
from a sensitive land use shall be 300 m (984 ft.) measured as the shortest
horizontal distance between the lot line of the sensitive land use to the lot
line of the Class III Industry Use. In the absence of said separation
between the lots, the distance shall be 335 m (1,100 ft.) measured as the
shortest horizontal distance from the property line of the lot, zoned for or
occupied by, a sensitive land use to the industrial building or use.
d) Where Development is proposed on an existing vacant lot the minimum
separation distance, per preceding clauses a), b) and c) shall be
measured from the nearest main wall of the building or structure
occupied (or to be occupied) by the sensitive land use and the nearest
main wall of the building, structure, processing area, assembly or
manufacturing area occupied (or to be occupied) by the Industrial Use.
4.29.3 Noise and Vibration
Setbacks and/or noise and vibration abatement measures shall apply for
new residential development located within 250 m (820 ft.) of a railway
line or a provincial highway where required as a result of a noise and
vibration study and shall be implemented by amendment to this By-law
where specific measures are identified. The minimum setback for any new
residential unit from a rail corridor shall be 30 m and shall be 30 m from a
road with a speed limit of 60 kph or greater.
4.29.4 Wetland/Watercourse
No dwelling, non-residential, or accessory building or structure or an
individual on site sewage service shall be permitted within 30 m (98.4 ft.) of
the boundary of a wetland or a watercourse. Notwithstanding this clause,
no new development shall be permitted on lands within the Floodplain
zone.
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4.30 Non-Conforming Uses, Buildings and Structures
4.30.1 Non-Conforming Uses
Nothing in this By-Law shall apply:
a) to prevent the use of any land, building or structure for any purpose
prohibited by this By-Law if such land, building or structure was lawfully
used for such purpose on the day of the passing of this By-Law, so long as
it continues to be used for that purpose; or
b) to prevent the erection for a purpose prohibited by this By-Law of any
building or structure for which a permit has been issued under Section
of the Building Code Act, prior to the day of passing this By-Law, so long
as the building or structure when erected is used and continues to be
used for the purpose for which it was erected and provided that the permit
has not been revoked under Section 8 of the Building Code Act ; or
c) to prevent the repair or replacement in whole or in part, or the
strengthening to a safe condition of any building or structure which does
not conform with this By-Law, provided such action does not increase the
height, size or volume or change the use of such building or structure
(unless such change in use is in conformity with the By-law). Where a
non-conforming use is replaced with another use that is in compliance, the
non-confirming use will be deemed to have been discontinued and shall
not be reintroduced.
d) Extensions or enlargements to existing habitable or other buildings
located in the flood plain (other than an Institutional Use) may be
permitted by the Committee of Adjustment where the building or structure
is adequately flood proofed, subject to the approval or the Rideau Valley
Conservation Authority and/or Parks Canada.
4.30.2 Lots Having Less Area and/or Frontage
Where a lot having lesser lot area and/or lot frontage than that required
by this By-law and is held under distinct and separate ownership from
abutting lots at the date of the passing of this By-Law, or where such lot is
created as a result of any expropriation or dedication required under the
Planning Act, such smaller lot may be used and a building or structure
may be erected, altered or used on such smaller lot, provided that all
other requirements of this By-Law are met.
4.31 Human Occupancy Restriction
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof:
a) No truck, bus, coach or streetcar body, or motor vehicle of any kind
(whether or not the same is mounted on wheels), excluding temporary
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occupancy of recreational vehicles where specifically permitted.
b) Any private garage, residential accessory building or structure
(except where permitted by this by-law), or an unfinished building or
structure for which an occupancy permit (per the Building Code Act) has
not been issued,
c) Marine vessels or structures of any kind shall not be used for human
habitation except as customarily associated with temporary marine
recreational uses.
4.32
Outdoor Storage and Outdoor Display
No lot, or part thereof, shall be used for outdoor storage, or outdoor display
except as permitted by this By-law and shall be directed to an area or location
which has been specifically designed and set aside for such purpose, is fully
integrated with the principal use of the lot and is in accordance with the
following:
a) Outdoor storage shall not be permitted within any required minimum front
yard or minimum exterior side yard and no closer than 3 m (9.8 ft.) to any
interior side lot line or rear lot line.
b) Where an outdoor storage area abuts a residential zone or a lot with a
residential use, the required setback of the outdoor storage area shall be
4.5 m (14.7 ft.). A landscaped buffer strip or screen shall be provided
between the storage area and any residential use, and no materials shall
be stacked or stored to extend higher than the buffer or screen.
c) An outdoor display area is permitted as an accessory use, subject to
site plan control, in a highway Commercial (C2) Zone, to a permitted,
Industrial Use or public service use provided that the outdoor display
area does not reduce any required parking area or loading space area
required by this By-law. All outdoor display areas shall be setback a
minimum of 1 m (3.28 ft.) from any front lot line or interior side lot line,
shall not locate in a sight triangle and except for a motor vehicle or
recreational vehicle sales lot, shall not exceed a lot coverage of 10%.
d) Temporary outdoor displays and sales areas (i.e. truck load sale, farm
produce stand or farmer's market sidewalk sales or Christmas tree
sales), are not permitted on required parking areas except on temporary
basis being a maximum of three weeks in December and one week at any
other time and shall be subject to any restrictions otherwise imposed by
license or permit by the Municipality. Temporary outdoor sales and
displays in any case shall not occupy more than 5 % of required parking
and shall not obstruct a vehicle entrance, aisle, lane or driveway, and
shall not be located in a sight triangle.
e) Encroachment of a public right-of-way or street (sidewalk, boulevard, or
road) by an outdoor sale or display is not permitted without the expressed
written permission either by By-Law; or by resolution of Council for
temporary encroachments.
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f)
A yard sale is a permitted outdoor display and sales use in a residential
zone and may occupy the required driveway and parking spaces for no
more than 48 hours.
g) Signage for an outdoor display and sales use shall comply with any Sign
By-law that may be established by the Municipality from time to time.
4.33 Parking and Storage of Motor Vehicles, Bicycles - Drive Through Services
4.33.1 General Exterior Parking Requirements
a) Except as provided herein, no motor vehicles shall be parked or stored in
any zone unless the motor vehicle is located within a garage, carport,
driveway, parking space, or on a street where permitted by Municipal
By-Law; and without limiting the preceding, no vehicle shall be parked or
stored in any landscaped portion of a front yard except as may be
necessary on a temporary basis for a delivery or for property
maintenance, repair or construction purposes.
b) No trailer of any kind shall be left parked on a Municipal street unless it is
attached to a vehicle suitable for moving said trailer.
c) The driveways, lanes, aisles, loading spaces and parking spaces shall
be constructed of crushed stone, asphalt paving, concrete or concrete
honeycomb block, paver stones, or similar materials and have a surface
that is hard or hard packed, stable and constructed to prevent erosion of
materials or dust moving off-site.
d) Except as otherwise permitted in this By-law, all motor vehicle parking
spaces, queuing spaces, and loading spaces must have an unobstructed
Access to a public street by:
-
Driveway;
-
An aisle or lane connecting to a driveway;
-
A public lane; or
-
An existing right-of-way.
e) Despite any provision of this by-law to the contrary, if an existing parking
space is eliminated to provide barrier free access to a building or to
create a barrier free parking space, the remaining parking, to the extent
that it has legal non-complying status or is compliant with the requirements
of this By-law, shall be considered to meet the requirements of this By-law
provided:
- A Single-detached, Semi-detached dwelling, duplex or townhouse
dwelling maintains one standard parking space per dwelling unit;
- the effect of eliminating the existing parking space would reduce a
noncomplying parking area by more than one parking space;
- the effect of eliminating the existing parking space would reduce a
compliant parking area by more than three parking spaces or 10% of
all required parking spaces, whichever amount is greater.
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4.33.2 Parking for Residential Use
a) No parking space or driveway for a residential use shall be used for the
parking or storage of a motor vehicle unless such vehicle is used in
operations incidental to the residential use of the lot (i.e. home based
business) and bears a motor vehicle license plate and sticker which is
currently valid.
b) The minimum required parking spaces for a property, as determined by
Section 4.34 Parking Requirements Table, shall be maintained and any
additional parking for trailers or equipment shall be in addition to the
minimum required spaces.
c) In any R1, Zone, parking in the front yard shall be located on the
driveway, except where otherwise specifically permitted in this By-law.
d) In the R4 Zone parking in a front yard will be permitted but shall be limited
to visitor and barrier free parking, shall comply with subsections 4.23
Landscaped Open Space, Planting Strips and Visual Buffer Strip and 4.27
Lot Coverage - Impervious Surfaces, and, if not located on a driveway,
shall be separated from the front lot line by a vegetated landscaped
open space with a minimum width of 1.5 m
4.33.3 Parking of Commercial and Recreational Vehicles in Residential Zones
A lot in any residential zone shall not be used for parking or storage of any
commercial motor vehicle, commercial trailers, recreational vehicles or
recreational equipment except as follows:
a) The owner or occupant of a dwelling, may use a garage or parking space
located on the lot for parking or temporary storage of one (1) commercial
motor vehicle operated by the owner or occupant provided the commercial
motor vehicle does not exceed 4500 kg Gross Vehicle Weight (GVW)
and further provided such commercial motor vehicle is not used in
connection with any business or other use that is prohibited in this By-law.
b) Commercial trailers shall be subject to provisions of clauses 4.33.3 (f) and
(g) in the same manner as they apply to recreational vehicles and
recreational equipment.
c) No Commercial Vehicle or trailer shall be parked or stored on a lot which
is being used for parking or storing a recreational vehicle or enclosed
trailer for transporting recreational equipment.
d) A vehicle in use by a public utility agency shall not be considered a
recreational vehicle or recreational equipment.
e) No recreational equipment or recreational vehicle shall be stored or
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parked on a lot unless a main building has been constructed.
f)
A recreational vehicle or recreational equipment shall not exceed 6.98
m (22.9 ft.) in length, exclusive of a hitch or tongue and
g) Only one recreational vehicle or enclosed trailer for transporting
recreational equipment shall be permitted for each dwelling unit on a
property.
h) A private garage may be used for the housing or storage of any
recreational equipment or recreational vehicle.
i)
On a lot used for more than four residential units, the parking of
recreational vehicles and recreational equipment shall be limited to a
fully enclosed building or an enclosure or enclosed area, located in a rear
yard, and fully screened from view from adjacent residential lots, streets
or public open space areas. Parking and storage of recreational
vehicles, recreational equipment and/ or commercial motor vehicles
shall be limited to one per residential unit and shall not include commercial
trailers.
j)
Trailers parked for off-season storage shall be maintained road-worthy
and in such condition that they may be removed from the property with
twenty-four (24) hours' notice.
k) A maximum of 10 % of the lot area may be occupied for the outdoor
parking or storage of commercial trailers, recreational vehicles, and
recreational equipment
4.33.4 Driveways
Except as otherwise stipulated in a specific zone or an entrance control
By-law of the Town of Perth, driveways shall comply with Table 2 -
Driveways and the following requirements:
a) Driveway width shall mean the width of the driveway as measured from
one edge of the paved surface, gravelled surface or area improved or
used for motor vehicle access to the opposite edge along the line
commencing where the driveway intersects the street-line and shall apply
along the entire length or extent of the driveway within the lesser of the
existing front yard or the required minimum front yard from the street to
its termination,
b) A maximum of one driveway per lot shall be permitted in an R1 zone or
on a lot occupied by a single-detached, except where the lot is a
through lot or is a corner lot in which case one driveway per road
frontage shall be permitted.
c) Each driveway in a residential zone shall have no more than one point of
access to a street or road; i.e. where lots qualify for two driveways they
shall not connect.
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d) The minimum separation distance between a driveway with two lanes
and a driveway on an abutting lot or a permitted second driveway on the
same lot shall be 2.4 m. (7.9 ft.). This provision shall not apply to
driveways between semi-detached dwellings units.
e) Except in a C1 Zone category, there shall be a sight triangle with a site
distance of 4 m where a driveway intersects a street-line.
f)
Driveways for non-residential uses shall not pass through a Residential
Zone.
g) In addition to the above, all driveways shall be subject to the
Municipality's requirements for entrances and/or the requirements for site
plan control or other applicable standards.
h) The driveway for a commercial or Industrial Use shall have a width
between 6 m and 7.6 m not including any rounded / curved element to
facilitate commercial vehicle turning movements at the entrance to the
street. A commercial or industrial driveway may have a greater maximum
width of 8.2 m where it accesses a provincial highway, County road or a
street designated as an Arterial Road per the Official Plan for the Town of
Perth. Council may authorize a driveway of up to 10 m in width where
the road authority is requiring or will permit the entrance to consist of three
lanes.
Table 2 - Driveways
Use
Width of Driveway
One-Lane
Minimum
One-Lane
Maximum
Two-lane
Minimum
Two-Lane
Maximum
Residential:
lot
frontage < 10 m
(32.8 ft.) **
2.6 m (8.5 ft.)
3 m (9.8 ft.) n/a
n/a
Residential: lot
frontage 10 m-19.9
m (32.8 ft.-65.2
ft.)**
2.6 m (8.5 ft.)
4 m (13.1 ft.)
5.5 m (18 ft.)
6.1 m (20 ft.)
Residential:
lot
frontage 20 + m
(65.6 ft.) **
2.6 m (8.5 ft.)
4 m (13.1 ft.)
5.5 m (18 ft.)
6.7 m (22 ft.)
Residential -
apartment: 4 units
or more
3.35 m (11 ft.)
4.6 m (15 ft.)
6.1 m (20 ft.)
7.3 m (24 ft.)
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Non-Residential
4.5 m (14.7 ft.) 6.1 m (20 ft.) 7 m (22.9 ft.)
9.1 m (30 ft.)
** for residential lots occupied by less than 4 dwelling units
Table 3 - Location of Driveway Entrance on a Corner Lot
Minimum Distance between Driveway and Intersection
Street Lines
Local Road
Collector/Arterial Road
Residential R1, Zone
7 m (22.9 ft.)
15 m (49.2 ft.)
Residential, R4 Zone
15 m (49.2 ft.)
15 m (49.2 ft.)
Non-Residential Use
15 m (49.2 ft.)
15 m (49.2 ft.)
Minimum angle between driveway and intersecting street line is 60° for all
Zones.
4.33.5 Parking Construction and Coverage in Residential Zones
a) The driveways, lanes, aisles, loading spaces and parking spaces shall
be constructed of crushed stone, asphalt paving, concrete or concrete
honeycomb block, paver stores, porous material or similar material.
b) No more than fifty percent (50%) of the area of any required minimum
front yard, or for a townhouse the front yard abutting each unit, shall be
used or constructed as a driveway or parking space in any residential
zone. Where the development involves Additional Residential Units, up to a
maximum of 55% of the area of the required front yard shall be used for
driveways or parking spaces.
c) Despite paragraph b) and c) above, where the lot or front yard is less
than 10 m wide or the existing buildings prevent the minimum parking
requirement from being met elsewhere on the lot, up to 60% of the front
yard may be constructed for a driveway or parking spaces subject to
the requirements of Table 2; but in any case this provision shall only apply
to permit one additional parking space.
In the event of a discrepancy between a diagram and the text, the text
shall prevail.
4.33.6 Tandem Parking Spaces
Tandem parking spaces are permitted for residential uses when the
required residential parking is four spaces or less. Other than for a home-
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based business, tandem parking spaces are not permitted for parking
serving a commercial use; except on a driveway used exclusively by a
residence accessory to a commercial use.
4.33.7 Queue Space
Shall mean the minimum area required for a motor vehicle in vehicle service
queue and shall have dimensions of 2.7 m by 6 m (8.85 ft. x 19.6 ft.)
4.33.8 Parking Area for more than Four Vehicles
In any zone, where a parking area is designed to accommodate more
than four vehicles, not including those parking spaces located within a
garage, the following provisions shall apply:
a) The parking area shall be constructed of crushed stone, asphalt paving,
concrete, paver stones, or similar materials
b) Parking areas shall be designed and constructed with at least one (1)
entrance lane and one (1) exit lane for motor vehicles, with each parking
space having access to driveways, lanes and/ or aisles without the
necessity of moving any other motor vehicle.
c) Ingress and egress directly to and from every parking space shall be by
means of a maneuvering aisle having a width of at least 6 m (19.7 ft.) for
two-way traffic, 4.5 m for one-way traffic and parallel parking and 4 m (13.1
ft.) for one-way traffic where parking is angled.
d) A driveway or lane which does not provide ingress and egress directly to
a parking space, shall have a minimum width of 3.35 m (11 ft.) where
designed for one-way vehicular circulation and a minimum width of 6.1 m
(20 ft.) where designed for two-way vehicular circulation.
e) Scale drawings shall be submitted with the application for the building
permit, to show all entrances and exits, and such parking facilities, and all
proposed and existing parking space, driveways and maneuvering
aisles will comply with the applicable zoning regulations.
f)
Except as provided in paragraph 4.33 2 d., parking spaces required for
an apartment building shall not be provided in any required front yard, or
any required exterior side yard
4.33.9 Dimensions of Parking Spaces
Parking spaces required by this By-law shall meet the minimum
dimension requirements in Table 4.
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Table 4 - Required Size of Parking Spaces
Type
Width
Length
Vertical
Clearance
Standard (90 degrees)
2.6 m (8.5 ft.)
Min. 5.5 m (18 ft.)
2.4 m (7.8 ft.)
Angle (less than 90
degrees)
2.6 m (8.5 ft.)
Min. 5.5 m (18 ft.)
2.4 m (7.8 ft.)
Parallel
2.4 m (7.8 ft.)
Min. 6.7 m (22 ft.)
2.4 m (7.8 ft.)
Small Car (where
permitted)
2.4 m (7.8 ft.)
Min. 4.8 m (15.7 ft.)
Max 5.2 m (17 ft.)
2.4 m (7.8 ft.)
Barrier-Free - Off-Street
Passenger Vehicle (see
diagram and article
4.32.10.)
Type A - 3.4 m
(11.1 ft.)
Type B - 2.4 m
(7.8 ft.)
5.5 m (18 ft.)
2.75 m (9 ft.)
Barrier-Free - Off-Street
Van
4.6 m (15 ft.)
6 m (19.6 ft.)
3.8 m (12.4 ft.)
Barrier-Free - Parallel
4.1 m (13.4 ft.)
7 m (22.9 ft.)
2.75 m (9 ft.)
Coach or Bus
12 m (39.3 ft.)
3.5 m (11.4 ft.)
3.8 m (12.4 ft.)
Heavy Vehicle
3.5 m (11.4 ft.)
16 m (52.4 ft.)
1.7 m (15.4 ft.)
4.33.10 Calculation of Required Parking
a) The total number of parking spaces shall be calculated as the cumulative
sum of all types of parking spaces required (e.g. standard, barrier-free,
other).
b) Where the calculation of the required parking spaces results in a fraction,
the required number of parking spaces shall be rounded to the next
highest whole number.
c) Unless otherwise specified elsewhere in this By-Law, where two or more
uses are permitted in any one building or on any one lot, the off-street
parking requirements for each use shall be calculated as if each use is a
separate use, and the total number of off-street parking spaces so
calculated shall be the required number of parking spaces.
4.33.11 Barrier-Free Parking
a) Barrier free parking space shall be required for any use requiring 10
standard parking spaces or more and the minimum number of barrier
free parking spaces shall be calculated in accordance with the standards
set out in Table 5 below:
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Table 5 - Barrier-Free Parking Requirements
Required Parking Spaces
Number / % of Barrier Free Spaces
For parking from 10 to 15 spaces
1 space required
For 16 to 100 required spaces
Add 5% of the parking spaces,
minimum of 2 spaces
For 101 to 300 required spaces
Add 3 % of the spaces over 101
For 301 to 700 required spaces
Add 2% of the spaces over 301
For 701 or more required spaces
Add 1% of the spaces over 701
Sample calculation - a new use requiring 750 parking spaces would
need to provide:
1+ 4+9+8+5 = 27 barrier free parking spaces and 723 standard parking
spaces
b) Barrier free parking spaces shall be designed consistent with O. Reg.
191/11 and O. Reg. 413/12, and any amendment thereto or subsequent
provincial standard and at a minimum shall meet the following:
i.
Where a single barrier free parking space is required, it shall be a
Type A space with an abutting access aisle 1.5 m wide per Table 5
ii.
Where two or more barrier free parking spaces are required half of
the spaces shall be of a Type A design, and the other half may be a
Type B space (per Table 4) with an abutting access aisle 1.5 m
wide between each two spaces. If there are an uneven number of
spaces required, the additional space may be of Type B design.
iii.
Each barrier free parking space shall have an abutting 1.5 m wide
access aisle but where two barrier free parking spaces abut, the
required access aisle may be located between the spaces.
4.33.12 Parking Requirements for Existing Buildings
The parking space requirements shall not apply to any existing building
so long as the gross floor area is not increased and no change in use
occurs. If an addition is made to the building or structure which
increases the gross floor area, or a change in use occurs, then any
increase in the required number of parking spaces for the additional floor
area or the change in use in excess of two parking spaces shall be provided or
cash-in-lieu of parking shall be required.
4.33.13 Parking Requirements in Town of Perth's Downtown (Town Core)
Despite the provisions of, Table 6, the following parking space
requirements shall apply within the General Commercial (C1) Zone:
a) Change of use within Existing Buildings
Where the use of an existing building is changed, no additional parking
spaces or cash-in-lieu of parking shall be required where there is no
change in the floor area dedicated to client use or where such change
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only increases the number of parking space by one space.
b) Enlargement of Existing Buildings or Infill Buildings
Where an existing building is enlarged, either in conformity with the
applicable zoning provisions, through an amendment to this By-Law or
through a minor variance, the parking requirements or cash-in-lieu of
parking as set out in article 4.33.15 shall apply for the enlargement or
addition, only if such enlargement or addition has the effect of increasing
the parking space requirement by more than two spaces. The additional
off-street parking shall be determined, in accordance with the parking
required in Table 6 - Parking Requirements. The additional parking
needed for a change in use, expansion, or enlargement shall not be
calculated to require any existing deficiencies in the minimum number of
parking spaces to be provided; e.g. existing use has 2 spaces but should
have 6, new use requires 9 spaces, (9-6-2) so one new space is needed.
4.33.14 Alternative Location of Parking Space(s)
The required parking for any permitted use shall be provided on the same
lot as the use the parking is required to serve with the following
exceptions:
a) Where Council has authorized the leasing of municipally owned parking
spaces for the exclusive use of a specific business, agency or landowner;
b) Where Council approves the leasing of the required parking on lands
within 60 m of the subject property under the terms of a site plan
agreement or development agreement executed with the Municipality;
c) Where the owner/operator provides evidence of a permanent easement
for the required parking spaces within 60 metres of the property for which
the parking is required;
d) Where the owner has completed an agreement with the Municipality to
provide Cash-in-lieu of parking.
4.33.15 Cash-in-lieu of Parking
Where site configuration or other constraints prevent or render undesirable
the provision of some or all parking spaces required to permit a change of
use or building expansion, then the owner or developer may opt to make
up the parking space deficiency by providing Cash-in-lieu of Parking. The
parking fund so established shall be devoted to assist in the provision of
additional parking facilities in the Downtown. The fee for cash-in-lieu of
parking shall be determined from time to time by resolution of Council.
4.33.16 Bicycle Parking and Storage
a) A bicycle parking space shall have a minimum width of 0.6m and a
length of 1.8m and shall be located adjacent to a structural element or in a
rack securely anchored to the ground, to which the bicycle can be
secured.
b) Bicycle parking may be located within any yard, but not within a sight
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triangle.
c) Required bicycle parking spaces may be located in parking areas,
indoors or in a landscaped open space area but no bicycle parking
space shall impede access to a building or occupy a required parking
space
d) Bicycle parking and bicycle parking areas shall be separated from
vehicular parking by a physical barrier or a minimum 1.5 m of open space.
e) Existing buildings, buildings with less than 200 m2 GFA, seniors'
homes and residential buildings with less than five (5) dwelling units are
exempt from bicycle parking.
f)
Any building, with a GFA exceeding 200 m2 (2,152 ft.2) used for a
commercial use, Institutional Use, or an Industrial Use shall install
bicycle parking spaces equal to 5% of the required motor vehicle
parking spaces with a minimum requirement of two (2) spaces and a
maximum requirement of twenty (20) spaces, which shall be located within
15 m (49.2 ft.) of the main exit of the building.
g) Any apartment dwelling, except an existing building or a seniors
apartment building, with five (5) or more dwelling units shall provide five
(5) bicycle parking spaces within 15 m (49.2 ft.) of the main exit of the
building.
4.33.17 Provisions for Drive-through Services
Despite any other zone regulation in this By-law, where a use of land,
building or structure incorporates a drive-through facility, the following
zone regulations shall apply
a) No portion of a motor vehicle service queue for a restaurant, with drive-
through service or a drive-through / takeout restaurant and no parking
area for a drive-in restaurant shall be located within 30 m of a residential
zone or a property where a residential use is the principal use except:
i.
Where there is a noise barrier wall having a minimum height of 2.4
metres and/or a building located between a vehicle service queue
or the parking area for a drive-in restaurant and any portion of a
property line shared with an abutting residential property, the minimum
separation shall be 15 metres (49.2 ft.);
ii.
This provision shall not apply to a restaurant with a drive-through
service which existed on or before November 1, 2005, or its
modification or replacement on the same lot.
b) No portion of a minimum vehicle service queue shall extend into a
parking lot.
c) Except as stipulated for specific restaurant uses, the minimum vehicle
service queue shall be designed to include a minimum of ten (10) queue
spaces.
d) The minimum vehicle service queue requirement shall apply for each
service window from which food or a service is delivered to patrons, or in
the case of a drive-through / takeout restaurant, every two food service
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windows.
e) Except where otherwise specified in this By-law, a Queuing lane for any
drive-through service shall be designed to accommodate a minimum of
eight (8) motor vehicles or queue spaces.
f)
A drive-through service shall be a permitted accessory use in the C2,
C5, M1, M3 and MP zones except as otherwise restricted in this By-law.
g) A drive-through service shall comply with the zone regulations applicable
to the principal use in the zone in which the drive-through facility is
located.
h) Any restaurant with a drive-through service or a drive-in restaurant
shall have an entrance onto a provincial highway, an arterial road or a
collector road, as assigned in the Official Plan for the Town of Perth or
shall have access to a local road from a corner lot location immediately
abutting a provincial highway, an arterial road or a collector road. In any
other location where access is only onto a local road, this type of
restaurant use shall only be permitted where all abutting properties are
zoned for commercial use.
i)
A restaurant, with drive-through service, a drive-through / takeout
restaurant or a drive-in restaurant, other than any existing restaurants,
shall not locate on a property with frontage on foster Street, Market
Square or on Gore Street between Brock Street and Foster Street."
j)
An entrance for a drive-through / takeout restaurant, a restaurant with
a Drive-through Service or a drive-in restaurant, shall not locate within
100 m of an elementary school property or within 150 m of an elementary
school building, whichever distance is greater, except:
i.
Where the school property and the restaurant types specified are: not
in the same Block and do not face the same street; or do not face the
same section of the street and do not have frontage or access onto
the same side of the street; the setback may be reduced to 75 m from
an elementary school property or within 100 m of an elementary
school building, whichever distance is greater;
ii.
The setback shall not apply to a restaurant with a drive-through
service which existed on or before November 1, 2005, or its
modification or replacement on the same lot.
4.34 Parking Requirements Table
In any zone, the owner or occupant of any building or structure erected,
enlarged or changed in use after the date of passing of this By-law shall provide
off-street parking spaces in accordance with the minimum number of parking
spaces set out in Table 6 - Parking Requirements as follows:
(Parking Space caution: the parking standards herein are minimums. Property
owners are encouraged to provide parking based on their anticipated needs,
particularly in areas where no on street parking is available and for residential
uses as there is no over-night on-street parking in winter months)
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Table 6 - Parking Requirements
USE
NUMBER OF REQUIRED
PARKING SPACES
Residential:
- Single detached
- Semi-detached
- Duplex
- Row or town house
- Triplex, dwelling
- Fourplex, dwelling
Two (2) spaces per Dwelling Unit.
Parking spaces shall include any
combination of a garage, carport,
Driveway or Tandem Parking
Spaces.
Notwithstanding the above, for projects
which have been deemed new
affordable housing projects, the
minimum number of parking spaces
per dwelling unit shall be one (1).
Residential:
- apartment dwelling
- Dwelling, Multiple unit
- Stacked Dwelling, Row house or
Townhouse
Minimum required parking spaces
shall be 1.5 per unit (1.25 per bachelor
unit). In apartment buildings with
more than six (6) units, visitor parking
spaces is required to be identified and
are calculated at 15% of the required
parking spaces. In no case shall
tenant parking be less than one space
per Dwelling Unit.
Residential one bedroom Dwelling Unit
(non-senior), Converted Dwelling,
additional dwelling unit, accessory
apartment, bachelor apartment, any
affordable residential unit
Regardless of any other standard
1 space per Dwelling Unit
Residential: - senior citizen apartment
dwelling, retirement living facility
0.25 spaces per Dwelling Unit plus
one per staff person; plus one visitor
parking space for every 10 units and
in any case at least one visitor space
Bed and Breakfast Establishment
1 parking space per Guest Room in
addition to parking spaces required for
the Dwelling Unit.
Group Home
1 parking space per 3 supervised
residents plus the required parking for
the dwelling - 3 parking spaces
minimum
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USE
NUMBER OF REQUIRED
PARKING SPACES
Home Based Business
- as per type of business and floor
space with a minimum of one space
per business and a maximum of four
business - parking spaces in addition
to the required residential parking
Home Based physician, dentist,
physiotherapist or other medical health
professional, who has established an office
for consultation or treatment
Three (3) parking spaces in addition to
parking spaces required for the
Dwelling Unit.
Boarding House
0.5 parking spaces per rented room in
addition to the minimum required
residential parking
Rooming House
1 parking space for every three (3)
persons to be accommodated based on
the maximum permitted capacity with a
minimum of two spaces.
NON-RESIDENTIAL USES
Animal Shelter, Commercial Kennel
1 parking space per 30 m2 (322.9 ft.2)
of Floor Area, Gross.
Automotive Uses: Auto Body Shop, auto
repair shop, Auto Service Station, gas bar,
card-lock facility, Garage - Commercial,
Bulk Fuel Depot, card-lock facility, gas bar,
recreational vehicle repair and garage, Car
Rental Agency
3 parking spaces per service bay plus
1 parking space for every 30 m2
(322.9 ft.2) of Floor Area, Net:
minimum 6 parking spaces
Brewery, Distillery or Winery, Micro-
brewery,
1 parking space per 40 m2 (430.5 ft.2)
of Floor Area, Gross; and in any case
not less than 3 spaces
Building Supply Store, contractor's yard,
commercial equipment or motor vehicle
storage yard, Garden Centre, lumber yard,
Commercial Greenhouse, Nursery or
Garden Centre, Commercial Greenhouse,
Nursery or Garden Centre
1 space for each 22 m2 (236.8 ft.2) of
retail Floor Area, Gross, plus 1 parking
space for each 500 m2 (5,382.1 ft.2) of
warehousing; and in any case not less
than 5 spaces -also see outdoor
storage req.
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USE
NUMBER OF REQUIRED
PARKING SPACES
Business Office, Professional and/or
Business, Professional and/or
Administrative Office, Banks or Financial
Institution
One (1) space for each 30 m2 (322.9
ft.2) of Floor Area, Gross
Clinic
3 spaces per doctor or professional
practitioner plus one space for each
administrative employee
Continuum-of-Care Facility (e.g. chronic
care facility, Nursing Home, retirement
home)
1 parking space for every 10 patient
beds.
Plus 1 parking space per 30 m2 (322.9
ft.2) of Floor Area, Gross or one space
per number of staff (based on
maximum shift), whichever is less.
Crisis Care Facility
2 parking spaces minimum. Plus, the
required parking for a dwelling, or if not
located in a dwelling, 1 space per 38
m2 (409 ft.2) of Floor Area, Gross
Childcare centre (child or adult), private
day care
Greater of 1 parking space per
classroom or 1 parking space per 40
m2 (430.5 ft.2) of gross floor area and
in any case not less than 3 spaces
Equipment rental, sales or service
establishment, Automotive Sales
Establishment, automotive leasing
establishment, recreational vehicle sales
establishment, recreational vehicle leasing
establishment:
- business office -per business office
standard
- service bays - per Automotive uses
standard
- showroom 2 per 100 m2 gross floor
area
- any other area 1 per 100 m2 gross
floor area
- in the absence of a show room or
service bays not less than 3 spaces
dedicated to customer parking.
Factory Outlet, Retail Outlet accessory to
an industry or wholesale business
1 parking space per 28 m2 (301.3 ft.2)
of Floor Area, Gross in addition to the
parking for the principal use.
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USE
NUMBER OF REQUIRED
PARKING SPACES
General business: Animal Day Care
Establishment, Bake Shop, Catering
Establishment, commercial and Personal
Service Establishment, dry cleaning or
laundry outlet , Laundromat, Pet grooming
establishment, rental store, service outlet or
shop, video rental outlet, and any
commercial uses not specified elsewhere in
this table
One (1) space per 23.2 m2 (252 ft.2) of
Floor Area, Gross with a minimum of
1 space (over 929 m 2 (10,000 ft. 2)
Floor Area, Gross see shopping center
standards)
Farmer's Market, Flea Market (external
exhibiting space only)
1.5 spaces per individual vendor table
or booth with a minimum of 10 parking
spaces
Hostel
1 parking space per every 6 guests
accommodated for the first 40 guests
accommodated, and 1 per 12 guests
accommodated thereafter.
Hotel, motel, Inn, tourist establishment
1 space per guest unit room, plus 1
space for every 9.3 m2 (100.1 ft.2) of
public use floor area plus one space
per employee based on maximum
daytime requirement (restaurant or
place of assembly Floor Areas shall
be calculated per the standards for
those uses).
Industrial Mall, Light Industry, Bakery;
Food and Dairy Products Industry indoor
agricultural production
1 space per 70 m2 (753.4 ft.2) of Floor
Area, Gross per premises up to 1,858
m2 (20,000 ft.2), plus 1 space for each
additional 100 m2 (1,076.4 ft.2) of Floor
Area, Net up to 5,000 m2 (53,821.3 ft.2)
per premises; plus 1 additional space
for every 232 m2 (2,497.3 ft.2) Floor
Area, Net thereafter. Warehouse
space calculated separately.
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USE
NUMBER OF REQUIRED
PARKING SPACES
Industry, Medium or Heavy;
1 space per 70 m2 (753.4 ft.2) of Floor
Area, Gross up to 1,858 m2 (20,000
ft.2), plus 1 space for each additional
125 m2 (1,345.5 ft.2) of Floor Area, Net
up to 5,000 m2 (53,821.3 ft.2); plus 1
additional space for every 250 m2
(2,691 ft.2) of Floor Area, Net
thereafter. Warehouse space
calculated separately.
Industrial Storage Use or Commercial
Storage Use including a warehouse, cold
storage facility, wholesale facility
1 parking space per 200 m2 (2,152 ft.2)
of Floor Area, Gross or portion thereof
up to 1,858 m2 (20,000 ft.2) plus 1
additional space for every 250 m2
(2,691 ft.2) Floor Area, Net thereafter.
Hospital
One (1) space for every three (3) beds
or each 37.2 m2 (400.4 ft.2) of Floor
Area, whichever is greater
Outdoor storage area, exclusive of seasonal
uses
1 parking space per 1,000 m2
(10,764.2 ft.2) of lot area in outdoor
storage use - minimum of 2 parking
spaces for an accessory use -
minimum of 5 parking spaces if it is
the principal use.
Outdoor patio, accessory to commercial
use, exclusive of temporary patio (one-time
use - 5 months or less)
For outdoor patio space that exceeds
50% of the indoor client seating
capacity or 40% of the Gross
Leasable Floor Area of a restaurant,
restaurant, with drive-through
service or a tavern, parking shall be
provided at rate of 1 space for 4 seats
or 1 space per 15 m2 (161.4 ft.2),
whichever is greater
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USE
NUMBER OF REQUIRED
PARKING SPACES
Place of Assembly: private clubs,
Auditorium, banquet and meeting halls,
Bingo Hall, Casino, Community Centre,
museum, Entertainment Establishment,
Funeral Home, Place of Worship,
recreational establishment, arena,
cinema, theatre and similar places of public
assembly,
1 space for every 5 seats, fixed or
otherwise; or, where there are no
seats, 1 space for every 20 m2 (215.2
ft.2) of Floor Area, Net or 1 space for
every 5 persons of rated capacity,
whichever is greater. In a shopping
centre where the parking for other
uses meets or exceeds that of the
Place of Assembly the assembly
parking requirement is reduced by
20%.
Recreational Commercial Establishment,
Miniature Golf Course, Driving Range,
tourist outfitters establishment
2 parking spaces per tee area plus 1
parking space per 10 m2 (107.6 ft.2) of
Floor Area, Net in clubhouse, office,
and staff areas, plus parking per
requirements in this table for
restaurant, banquet hall, or other
facilities as may be provided.
Restaurant,
(By-law 3358-36)
1 parking space for every four (4)
patrons accommodated as per the
maximum rated occupancy/capacity
under the Ontario Building Code or 1
space for each 10 m2 of gross floor
area whichever is greater.
Restaurant, Drive-in
(By-law 3358-36)
2 parking spaces for each 10 m2 of
gross floor area and one space for
every six units of outdoor seating with a
minimum of 8 spaces.
Restaurant, with Drive-through Service
(By-law 3358-36)
1.4 parking spaces for each 10 m2 of
gross floor area with a minimum
vehicle service queue designed to
accommodate 10 queue spaces
before the service window with not less
than 6 queue spaces before the food
order board, and not less than 2 queue
spaces from the food service window
to the queue exit;
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USE
NUMBER OF REQUIRED
PARKING SPACES
Restaurant, Drive-through / Takeout (By-
law 3358-36)
Minimum of 5 parking spaces with a
minimum vehicle service queue of 10
queue spaces and the queue
designed to accommodate not less
than 6 queue spaces before the order
station, and not less than 2 queue
spaces from the food service window
to the queue exit.
Restaurant, Take Out
(By-law 3358-36)
2 parking spaces for each 10 sq. m of
patron service area or one space for
each 2 units of patron seating,
whichever is greater, with a minimum of
2 spaces.
Retail Store or Business: grocery store,
Bake Shop, printing and processing service
shop, service commercial establishment
less than 929 m 2 (10,000 ft. 2)
One (1) space per 23.2 m2 (252 ft.2) of
gross leasable floor area with a
minimum of 1 space (over 929 m 2
(10,000 ft. 2) gross leasable floor area
see small shopping center standard)
Retail Store or Business, small shopping
centre exceeding a gross leasable floor
area 929 m2 (10,000 ft. 2) less than 2,000 m2
(21,525 ft. 2)
40 parking spaces plus 1 space for
each 28 m 2 (300 ft.2) of gross
leasable floor area from 929 m 2
(10,000 ft. 2) to 2,000 m2 (21,525 ft. 2)
Maximum of 1 space per 18.6 m2
(200 ft.2) of gross leasable floor area
Shopping Centre or large format retail
store 2,000 m2 (21,525 ft. 2) gross leasable
floor area or more **
75 parking spaces plus 1 space for
each 30 m 2 (300 ft.2) of Gross Floor
Area over 2,000 m2 (21,525 ft. 2)
Maximum of 1 space per 19.5 m2
(210 ft.2) gross leasable floor area
which shall increase to 1 space per
18.6 m2 (200 ft.2) of gross leasable
floor area if the minimum landscaped
open space is established and
maintained at 20%
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USE
NUMBER OF REQUIRED
PARKING SPACES
** calculation of Floor Area, Gross to
determine the applicable shopping centre
parking standard will include floor space
used or allocated for cinemas, theatres,
restaurants and building supply
establishments but the parking required for
those uses shall be separately calculated
based on the applicable standards in this
table.
Self-Storage Facility
1 parking space per 100 storage units;
none required for 20 or less
School - elementary
1.5 spaces per teaching classroom
School - secondary or commercial
Three (3) spaces per teaching
classroom
Tavern, Public House, Road House,
Nightclub
3 parking spaces per 100 m2 (1,076.4
ft.2) of net floor area or portion thereof
Truck terminal
1 parking space per 1,000 m2
(10,764.2 ft.2) of lot area
Uses not otherwise specified
1 space per 28 m² (301.3 ft.2) of Floor
Area, Gross
4.35 Permitted Projections
Every part of any minimum required yard shall be open and unobstructed from
the ground to the sky by any building or structure except those structures
listed in Table 7 - Provisions for Permitted Projections shall be permitted to
project into the minimum required yards for the distances specified where the
minimum yard or setback requirements are currently met.
Table 7 - Provisions for Permitted Projections
Maximum Projection into a minimum
Structure
required Yard or an existing yard
where specified
Belt courses, chimney breasts,
cornices, gutters, pilasters, sills, or
other ornamental structures, exterior
staircases, stoops, landings - all yards
0.5 m (1.64 ft.) into any yard or half the
depth of the Existing yard, whichever is
less.
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Maximum Projection into a minimum
Structure
required Yard or an existing yard
where specified
Eaves - all yards
Front Yard, Exterior Side Yard, and
rear yard - 1.2 m (3.93 ft.);
Interior side yard - 0.6 m (1.97 ft.)
or half the depth of the Existing yard,
whichever is less.
Window bays - Front Yard and rear
yard only
1 m (3.28 ft.) including Eaves and
cornices; to a
Maximum width - 3 m (9.84 ft.)
Balconies, canopies, porches,
verandas at ground level or first storey
extending into a front or rear yard.
(Projections into the side yard or onto
a Driveway or Pedestrian Way shall
not be permitted.)
Front Yard - 1.5 m (4.92 ft.)
Rear yard - 3 m (9.84 ft.)
But in any event not more than half the
depth of the yard or within 3 m (9.84 ft.)
of a road or in a sight triangle
Balconies and canopies located above
the first storey extending into a front
or rear yard. (Projection into a side
yard not permitted.)
Front Yard 1.2 m (3.93 ft.)
Rear yard - 2.4 m (7.87 ft.)
Open porches and Decks (including
stairs) - Front Yard and rear yard only
Front Yard - 2.4 m (7.87 ft.)
Rear yard - half the depth of the yard
Fences, garden trellises and similar
landscaping features, all plant
materials, clothes poles, flag poles,
uncovered paved patios, retaining
walls, landscaping features, similar
accessories,
No maximum into any yard subject to
compliance with any applicable sight
triangle requirements, subsections 4.12
and 4.40 and limits to impervious
surfaces.
Barrier Free architectural structures
i.e. ramps
As set out in the Ontario Building Code
Fire Escapes, antennae towers,
satellite dishes
1.5 m (4.92ft.) into a side yard or rear
yard
Air conditioner or Heat pump or
similar device
1.2.m (3.93 ft.) into a Front Yard, or
Exterior Side Yard; no limit into a rear
yard; not permitted in a minimum side
yard and in any case, not within 3m of a
dwelling on a separate lot. In the C1
Zone, no air conditioner shall only be
permitted in the rear yard at the ground
level or the first storey.
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Maximum Projection into a minimum
Structure
required Yard or an existing yard
where specified
Solar collector, wind turbine non-
commercial
No maximum into any rear yard only
provided they are no closer than 3 m
(9.84 ft.) to an interior side yard or rear
yard lot line or within a minimum Exterior
Side Yard
Commercial Solar Collector,
commercial wind turbine
No maximum into any yard provided they
are no closer than 3 m (9.8 ft.) to an
interior side yard or rear yard lot line or 10
m (32.8 ft.) or a distance equal to the
height of the installation, whichever is
greater, from any street line
4.36 Prohibited Uses
Except as specifically permitted in this By-Law, the following uses are
prohibited:
a) Adult Entertainment Parlour and Body Rub Parlour; and
b) The use or storage of bulk storage tanks on any lot; and
c) The storage of inoperative rail cars, streetcars, buses, truck bodies or
trailers without wheels; and
d) The parking or storage of commercial motor vehicles and inoperative farm
vehicles on a vacant lot; and
e) The outdoor storage of partially dismantled and/or unlicensed motor
vehicles or recreational vehicles, or trailers or motor vehicle or trailer
parts; and
f)
Noxious uses; and
g) Smelters, ethanol plants, the manufacturing, refining, rendering or
distillation of acid, ammonia, chlorine, coal, coal oil, creosote, explosives,
fireworks, glue, petroleum, tar or other gases; and
h) The bulk storage of industrial chemicals, and hazardous waste, or liquid
industrial waste as defined under the Environmental Protection Act, R.S.O.,
c. E.19, as amended, and
i)
In any commercial zone, the operation of an arcade or video arcade shall
not be permitted within 400 m (1,312.3 ft.) of a school.
4.37 Railway Setbacks
Notwithstanding any other provision of this By-law, no residential building or
structure, Institutional Use, use including overnight accommodation, Clinic,
or open space use, shall be erected closer than 30.0 metres from any principal
main-line, railway right-of-way, or corridor or secondary main-line railway right-
of- way or corridor.
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4.38 Source Water Protection Regulations
a) The following provisions take precedence over the provisions of the
underlying zone. They apply to land uses within an area affected by the
Source Water Protection Overlay, as shown on Schedule "A" to this By-law.
This By-law restricts development in the various Intake Protection Zones,
as follows:
i.
Properties having parts lying within more than one intake protection
zones (IPZ), as shown on Schedule 'A', or only having a part of the
property within the IPZ, shall be subject to the restrictions applicable
to the more sensitive rating. Notwithstanding the preceding,
Council, or a staff person delegated by Council, will have the
authority, in consultation with the Source Protection Authority, to
apply the lesser restriction where a land use or activity will clearly be
limited to the area with the lower sensitivity rating.
ii.
The Intake Protection Zone area with a sensitivity score of 10 is
here by subject to or effectively a holding provision and no building
shall be erected without this holding provision being removed or
modified. The hold will be lifted for residential purposes that are on
full municipal water and sanitary sewer services.
iii.
Any proposed use that has the potential to use, store or undertake
the following types of activity, or which may use any of the items
listed in this Section, shall be prohibited in the IPZ score areas as
specified:
1. Sewage Treatment Plant Effluent Discharges in areas having IPZ
scores of 8, 9, or 10
2. Industrial Effluent Discharge within areas having IPZ scores of 8,
9, or 10
3. Combined Sewer Discharge outlet within areas having IPZ
scores of 8, 9, or 10
4. Sewage Treatment Plant By-pass discharge within areas having
IPZ scores of 8, 9, or 10
5. Waste disposal sites, as defined or described by the Mississippi-
Rideau Source Protection Plan, within areas having IPZ scores
of 8, 9, or 10
6. Large Storage of Sewage (e.g. treatment plant storage tanks)
within areas having IPZ scores of 9 or 10;
7. Stormwater Management Facility within areas having an IPZ
score of 10:
8. fuel storage at a bulk plant, gas station or refinery within an area
with an IPZ score of 10,
9. road salt storage of more than 5,000 tonnes within an area with
IPZ- score of 9 and more than 500 tonnes within an area with an
IPZ score of 10;
10. Permanent snow dump sites shall be less than 1 ha in an area
with an IPZ score of 9 and shall not be located in area with an
IPZ score of 10. Notwithstanding the preceding an emergency snow
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dump is permitted in an IPZ with a score of 9.
11. Commercial or bulk storage of fertilizer in amounts exceeding
2,500 kg within an area with an IPZ score of 10
12. Commercial or bulk storage of pesticides within areas having IPZ
scores of 9, or 10;
13. Development not connected to municipal sanitary sewer
services within an area having an IPZ score of 10.
iv.
The areas identified within IPZ Zones on Schedule A shall be
deemed to be subject to a holding provision with respect to the
development of following uses and activities and the holding
provision will not be removed until in consultation with the RMO the
source protection requirements have been met.
1. Fuel storage supply for on-site heating within an area with an IPZ
score of 10
2. Agricultural manure storage or manure application within areas
having IPZ scores of 8, 9, or 10;
3. Large scale drainage management projects within areas having
IPZ scores of 8, 9, or 10;
4. Major construction projects (such as high density residential
uses, industrial building, shopping centre, business park,
residential subdivision, or solar farm) within areas having IPZ
scores of 8, 9, or 10.
4.39 Rooming House, Boarding House and Hostels
a) A rooming house may only be permitted in a residential zone which permits
multi-unit dwellings and in the Local Commercial C3 Zone and a hostel
may only be permitted by way of amendment to this By-Law.
b) No rooming house or hostel shall be located closer than 300 m (984 ft.) in a
straight line distance to any other rooming house, boarding house or
hostel.
c) Dwellings being converted to rooming houses shall be permanent single-
detached dwellings or two-unit dwellings only. Rooming house units in
mobile homes are prohibited.
4.40 Sight Triangle
a) Prohibited Uses
Within any area defined as a sight triangle, the following uses are
prohibited:
i.
a building, structure, or use which would obstruct the vision of
drivers of motor vehicles;
ii.
a fence, tree, hedge, bush or other vegetation greater than 0.8 m
(2.62 ft.) except a chain link or wire fence per subsection 4.13;
iii.
any portion of a delivery space, loading space, driveway or
parking space;
iv.
a berm or other ground surface which exceeds the elevation of the
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street by more than 0.8m (2.62 ft.)
b) Sight Distances
For the purposes of this By-Law, the following sight distances shall apply:
(see the definitions of sight distances and sight triangle for measurement of
distances)
i.
no distance requirement in lands zoned General Commercial (C1)
Zone -(Downtown Sector);
ii.
Six (6) m (19.6 ft.) from a street intersection in all other zones.
iii.
3.65 m (12 ft.) from a driveway intersection with a street in all other
zones
c) Despite the above, in any zone where any street crosses a railway at the
same grade the railway shall be deemed to be a street and a sight distance of
45 m (147.6 ft.) shall be required measured from the point of intersection of
the centre line of the railway right-of-way and the street line abutting the lot
4.41 Signs
See current Sign By-law, as amended from time to time.
4.42 Storage Containers and Storage Trailers
a) Storage containers and storage trailers may be permitted in specific
Commercial or Industrial zones, identified in Table 8 on a temporary (six
months or less) or permanent (greater than six months) basis, subject to the
following regulations:
Table 8 - Storage Containers and Storage Trailers
REGULATION
COMMERCIAL ZONES
INDUSTRIAL ZONES
Permitted Zones
Highway Commercial (C2)
Business Park (C5)
Restricted Industrial (M1)
General Industrial (M2)
Site Plan Control
Shall only be permitted subject
to an approved Site Plan and
Site Plan Agreement,
registered on the title of the
subject property.
Shall only be permitted subject
to an approved Site Plan and
Site Plan Agreement,
registered on the title of the
subject property.
Maximum Lot Coverage
Storage Containers/Trailers to
be included in maximum lot
coverage of respective zone
Storage Containers/Trailers to
be included in maximum lot
coverage of respective zone
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REGULATION
COMMERCIAL ZONES
INDUSTRIAL ZONES
Maximum Number of
Storage Container/
Trailers**
3 units (combined
container/storage)
3 units (combined
container/storage)
Maximum
Size/Dimensions
3 m width by 12.1 m length by
2.9 m high and a maximum
gross floor area of 36.3 m2
3 m width by 12.1 m length by
2.9 m high and a maximum
gross floor area of 36.3 m2
Permitted Location
Rear yard or interior side yard
subject to zone setbacks
No yard restrictions, must be
30 m setback from Front or
Exterior Lot Line and zone
setbacks for side and rear
yards
Building Separation
1.5 m from any other building
wall face located on the same
property, or as prescribed by
the OBC.
1.5 m from any other building
wall face located on the same
property, or as prescribed by
the OBC.
Location Restrictions
Not permitted on any fire lane,
parking space, parking aisle or
driveway, vehicle service
queue, landscape buffer strip or
in a site triangle
Not permitted on any fire lane,
parking space, parking aisle or
driveway, vehicle service
queue, landscape buffer strip
or in a site triangle
Maximum Height
Zone Maximum Height. The
vertical stacking of storage
containers or storage trailers is
prohibited.
Zone Maximum Height. The
vertical stacking of storage
containers or storage trailers is
prohibited.
Ventilation & Explosion
Relief Panels
As per Approved Site
Plan/Agreement and declared
use of container/trailer
As per Approved Site
Plan/Agreement and declared
use of container/trailer
Fencing
Use of Storage
container/trailers for the
purpose of screening or fencing
is prohibited
Use of Storage
container/trailers for the
purpose of screening or
fencing is prohibited
Advertising on Storage
Container/Trailer
Advertising Signs are permitted
to be installed on a storage
container/trailer in accordance
with the Town's Sign By-law
Advertising Signs are permitted
to be installed on a storage
container/trailer in accordance
with the Town's Sign By-law
Screening
Screened from a public street,
a residential zone or a
residential use by a landscaped
buffer strip or opaque fence a
minimum of 2 m in height
Screened from a public street,
a residential zone or a
residential use by a
landscaped buffer strip or
opaque fence a minimum of 2
m in heigh
**Where the principal use of the land is for a business which rents and/or sells storage
containers or storage trailers, the maximum number of storage containers/trailers permitted on
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the site shall not be limited except as provided for in an approved site plan, registered on the
title of the property.
b) A storage container or a storage trailer shall be considered as an
accessory use except where specifically permitted as principal use or
occupied by a principal use for non-storage purposes.
c) A storage container or a storage trailer shall be maintained in a sound and
functional condition suitable for the intended use, with fully operational
doors, completely weather resistant walls and roof and fully compliant with
the Town's property standards by-law.
d) Notwithstanding any provisions to the contrary, in a residential zone one (1)
storage container or storage trailer may be used for the temporary storage
of household related items, such as but not limited, furnishings, personal
belongings, materials, tools or equipment not related to any commercial or
industrial enterprise, for a period not to exceed 30 days in a calendar year.
Despite the location limitations, such temporary storage unit may be located
in any yard except in a sight triangle.
e) Notwithstanding any provisions to the contrary, a storage container or
storage trailer may be used on any lot for the temporary storage of building
materials or equipment or use as a field office associated during
construction, subject to the terms and conditions of a valid Building Permit.
Despite the location limitations, such temporary storage unit may be located
in any yard except in a sight triangle.
4.43 Streets Parks, Playgrounds, and Community Gardens
In any zone established by this By-Law, public streets, walkways, bike paths
and parks, playgrounds and community gardens are permitted.
4.44 Temporary Buildings or Structures during Construction
a) Nothing in this By-Law shall prevent the use of land or the use or erection
of a temporary building or structure or a scaffold or other equipment
essential to the construction in progress for which a building permit has
been granted, but only until such time as the work has been finished or
abandoned or such equipment is no longer required.
b) In addition, temporary accommodation for a business or other use which is
intended to occupy a building or structure which is under construction with
the work in progress on such building or structure , may be temporarily
permitted on the same lot in the form of a mobile, re-locatable, portable or
transportable building or structure provided:
i.
Approval is obtained from the Corporation through a motion of
Council or under a legally binding agreement.
ii.
Such temporary accommodation is removed from the lot immediately
upon completion of construction, abandonment of construction.
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iii.
Nothing in this By-law shall prevent the use of land or the use or
erection of a temporary real estate sales or rental office for which a
building permit has been issued and/or approval is obtained from
the Corporation.
4.45 Through Lots
Where a lot is a through lot, the requirements for front yards contained in this
By-Law shall apply to each yard abutting a street.
4.46 Public Uses
The provisions of this By-Law shall not apply to limit the use of any land or to
the erection or use of any building or structure for a utility installation or
municipal infrastructure for the purpose of public service by the Municipality,
any public authority, any department of Lanark County, the Government of
Ontario or Canada or any public utility including any Hydro One facilities or
federally or provincially regulated utility or communication service pursuant to
the Planning Act, provided that where such land, building or structure is
located in a Residential Zone or on a lot adjacent to a Residential Zone:
a) no goods, materials or equipment shall be stored in the open except in
accordance with the relevant zone provisions;
b) the lot coverage, setback and yard requirements of the zone in which such
land, building or above ground structure is located shall be complied with,
except for gas, telephone, cable and electric power (i.e. poles, towers, lines
and similar elements);
c) any building or structure Erect or Constructed in a Residential Zone
under the authority of this section shall meet the regulations of the zone and
be designed and maintained in general harmony with the residential
buildings of the type permitted in the zone;
d) Any building erected under the authority of this section shall not be used
for the purpose of an office except for a government building;
e) the parking space and loading regulations as set out in this By-law shall be
complied with.
f) Communications Facilities shall comply with Industry Canada Standards
for construction and safety. A communications facility shall only be
permitted in an Industrial Zone.
g)
Secondary uses, such as active and passive recreation, agriculture,
community gardens, other utilities, and uses such as parking lots and
outdoor storage areas that are accessory to adjacent lands uses, are
encouraged on hydro corridor lands, where compatible with surrounding
land uses. However, a proponent should be aware of the primacy of
electricity transmission and distribution facilities and that secondary uses
require technical approval from Hydro One Networks.
4.47 Water and Sewage Disposal Services
No building permit shall be issued for any building or structure which requires
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municipal water and sewer services unless such services are available and
have the capacity to service such development or are to be installed subject to
a valid subdivision or development agreement providing for such services i.e.
all development shall be connected to municipal water and sewer services
unless otherwise exempted by the Building Code.
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5.1.
Zone Classification
For the purposes of zoning, the Planning Area is divided into Zones which are
applicable to the Town of Perth. These zones are named and described in the
following sections, the boundaries of which are shown on the attached
Schedule 'A', also herein referred to as a zoning map, which forms part of this
By-law. These zones may be referred to by the name or the symbol set
opposite the name of the zone below:
Zone
Zone Symbol
Residential Zones
Residential First Density
R1
Residential Fourth Density
R4
Commercial Zones
General Commercial
C1
General Commercial Professional
C1P
Highway Commercial
C2
Neighbourhood Commercial
C3
Service Commercial
C4
Business Park Commercial
C5
Industrial Zones
Restricted Industrial
M1
General Industrial
M2
Waste Management Facility
WMF
Institutional Zone
Institutional
I
Environmental Zones
Open Space
OS
Environmental Protection
Flood Plain
EP
FP
5.2.
Use of Zone Symbols
The symbols listed in subsection 5.1 may be used to refer to any of the uses of
land, buildings and structures permitted by this By-law in the said zones and
whenever in this By-law the word "zone" is used, preceded by any of the said
symbols, such zone shall mean any area delineated on the zoning map and
designated thereon by the said symbol.
Section 5.
Interpretation
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5.3.
Holding Zone
Any zone classification detailed in subsection 5.1 above may be placed in a
"Holding" classification by adding to the zone designation the word "Holding" or
the letter "-h" as the case may be. For example, a Residential First Density "R1"
Zone would become a Residential First Density- Holding "R1-h" Zone.
Except as otherwise provided for within a specific zone, where the holding
zone symbol is applied, the use of lands so zoned shall be limited to existing
uses and conservation uses and no building expansion or new buildings and
structures shall be permitted, unless otherwise specified in the site specific
zone. An existing building, which is in use or in a condition suitable for safe
occupancy at the time the holding provision is applied, may be repaired or
replaced on the original foundation or footprint provided there is no change in
the dimensions or volume of the building.
Except as otherwise provided within a specific zone, the intent of applying the
holding provision is to prevent development on vacant lands or the
intensification of existing development until such time as appropriate
subdivision, condominium or site plans have been approved, suitable
arrangements for connection to municipal servicing have been made and the
availability of adequate water supply and sanitary treatment capacity are
confirmed.
a) Any change from the holding status shall require an amendment to this By-
Law and may require that the applicant enter into an agreement with the
Corporation prior to the amendment being approved.
b) No holding provision prohibiting Building Permit or Site Plan Control
approval shall be removed within a Source Water Protection Zone without
the potential impact upon Source Water being reviewed and accepted by
the Municipality in consultation with the Source Protection Authority.
5.4.
Interpretation of Zone Boundaries
Where any zone boundary is uncertain on the Zoning Map, the following rules
shall apply:
a) Unless otherwise shown, the boundaries of the zones as shown on the
Zoning Map are the centre lines of a highway, public street or lane or
unopened road allowance and the projection thereof, including a public
street, road or lane which has been closed whereupon the adjoining zone
or zones shall extend to the centre line of the closed public street, road or
laneway. Where a shoreline road allowance has been closed, the adjoining
zone on the landward side shall extend and include all of the closed road
allowance on the affected lot;
b) A boundary indicated as following a watercourse, creek, stream or the right-
of-way of a railway or an electrical, gas or oil transmission line shall be the
centre line of such watercourse, creek, stream or right-of-way;
c) A boundary indicated as following the shoreline shall follow such shoreline,
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and in the event of a change in the shoreline, the boundary shall be
construed as moving with the actual shoreline;
d) Where zoning boundaries are indicated as approximately following lot lines
shown on a registered plan of subdivision, reference plan, mining claim,
municipal or geographic township or Town boundary, such lot lines shall be
deemed to be the said boundary;
e) A boundary indicated as following the limits of the Town of Perth or the
Planning Area shall follow such limits;
f) Where zoning boundaries are indicated as approximately parallel to the line
of any street and the distance from such street is not indicated, such zoning
boundaries shall be construed as being parallel to such street-lines and the
distance therefrom shall be determined by the use of the scale shown on
the zoning map;
g) Where any zone boundary or a dimension is left uncertain after application
of the above provisions then the boundary or dimension shall be determined
from the zoning map using the scale bar thereon demeanor.
5.5.
Multiple Zones Applying to One Property
Where a lot is divided into more than one zone, each such portion of the lot
shall be used in accordance with the provisions of this By-Law for the zone
where such portion of the lot is located. Each such portion of the lot shall be
considered as a separate lot for the purposes of determining zone provisions.
5.6.
Correction of Minor Administrative Errors
Where the intent of the By-law is maintained, minor modifications or revisions of
an administrative or technical nature to correct section numbering, spelling,
grammar or formatting, or that do not change the regulatory intent or effect of
the By-law will not require an amendment to this By-law.
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No person shall use any land or erect, alter or use any building or structure in the
Residential First Density (R1) Zone except in accordance with the following provisions.
6.1 Permitted Uses
- Single Detached Dwelling
- Duplex Dwelling
- Semi-detached Dwelling
- Triplex Dwelling
- Fourplex/Quadplex Dwelling
- Converted Dwelling
- Additional Residential Unit
- Home Based Business
- Group Home, Type A
- Bed and Breakfast
- Public Use
- Public Service Facility
6.2 Zone Requirements
Zone Provisions
Single
Detached
Semi-
Detached
Duplex
Triplex
Quadplex Converted
Minimum Lot
Area
366 m2
464 m2
464 m2
464 m2
464 m2
464 m2
Minimum Lot
Frontage
12.2 m
15 m
15 m
15 m
15 m
15 m
Minimum Front
Yard
6m
6m
6m
6m
6m
6m
Minimum Rear
Yard
6m
6m
6m
6m
6m
Minimum Side
Yard
One
storey =
1.2 m +
0.3 m for
each
additional
storey or
part
thereof
One
storey =
1.2 m +
0.3 m for
each
additional
storey or
part
thereof
One
storey =
1.2 m +
0.3 m for
each
additional
storey or
part
thereof
One
storey =
1.2 m +
0.3 m for
each
additional
storey or
part
thereof
One
storey =
1.2 m +
0.3 m for
each
additional
storey or
part
thereof
One storey
= 1.2 m +
0.3 m for
each
additional
storey or
part
thereof
Minimum Exterior
Side Yard
4.5m
4.5m
4.5m
4.5m
4.5m
4.5 m
Maximum Height
10.6m
10.6m
10.6m
10.6m
10.6 m
10.6 m
Section 6. Residential First Density (R1) Zone
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6.3 Additional Requirements
a)
The zone requirements for a single-detached dwelling shall apply to a
permitted Type A Group Home, public use or public service facility.
b)
A garden suite is a permitted use only where a Temporary Use By-law has
been enacted.
c)
All room sizes shall conform to the Building Code.
d)
Subject to the requirements in Section 4 - General Provisions (e.g. see for
example Home Based Businesses) no person shall erect, display, maintain
any sign on a lot or building used for residential purposes, except a sign
containing the name, address and profession of a resident or occupant, not
more than 0.4 m2 (4.3 ft.2) and shall not include any commercial advertising.
e)
Additional residential units shall be in accordance with General Provisions
f)
All dwelling units shall provide the required parking of 1 space per dwelling unit
on the property on which the dwelling unit(s) is located.
g)
Bed and Breakfast in accordance with General Provisions
h)
See also the lot coverage exemption under subsection 4.27.
i)
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling.
j)
Converted Dwelling
No Converted Dwelling shall be permitted unless:
-
The building is 20 years or more in age at the date of the passing of
this By-Law or is an existing converted dwelling area in the original
dwelling before conversion is 130 m2 (1,399.3 ft.2) or more and is
located on more than one (1) storey.
-
The dwelling contains no more than four (4) dwelling units after
conversion with a lot width of 12 m (39.3 ft.) or more nor more than two
(2) units if the lot width is less than 12 m (39.3 ft.)
6.4 Exception Zones
6.4.1 R1-1 (former R1-1) Residential First Density Exception 1
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-1:
-
min. yards for parking area: front - 22.8 m (74.8 ft.); side yard - 4.5 m
(14.7 ft.) and rear yard - 13.6 m (44.6 ft.)
-
required parking: 2 spaces for dwelling unit plus 1 space per guest
bedroom
-
one two-faced sign maximum
-
max. sign area 1.8 m2 (19.3 ft.2)
-
min. setback of sign from front lot line: 1.5 m (4.9 ft.)
-
max. sign height 2.7 m (8.8 ft.)
-
min. lot area: 1.2 ha (2.9 ac.)
-
Notwithstanding any provision or definition of this By-law to the contrary,
Maximum Lot
Coverage
40%
40%
40%
40%
40%
40%
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a bed and breakfast establishment in the R1-1 Zone may consist of up
to six (6) accommodation rooms provided no more than 50% of the
floor area of the existing dwelling is used for all elements of the
operation of the said establishment. The principal access lane from
Drummond Street may have a width of less than 6 m provided the
existing parking area is not increased in size by more than 20%.
-
Outdoor parking areas on the property shall not exceed 142 sq. m
(5000 sq. ft.) with a maximum of 8 vehicles associated with the bed and
breakfast establishment. New outdoor parking spaces or areas in
excess of the above noted 20% shall be located in the front yard or
exterior side yard.
-
Any expansion of the existing parking area shall be screened from the
abutting properties in direct line of sight of the parking spaces by either
the construction of an opaque wooden fence or the planting of
evergreen trees or shrubs or any combination thereof. If placed adjacent
to the property line, a fence shall have a minimum height of 1.5 m and if
placed immediately adjacent to the parking area the fence shall have a
minimum height of 1.2 m. Screening vegetation shall be a minimum of 1
m in height at planting and have a height at maturity of not less than 1.5
m and individual specimens shall be planted with a maximum separation
of 1 m on centre or a minimum separation of 15 cm between specimens,
whichever is greater."
-
One sign with a surface area between 1 m2 and 3 m2 is permitted and
the minimum setback from any lot line for such a sign shall be 3m. The
existing non complying sign shall be deemed to comply with the by-law
provided it is not relocated or replaced with a setback from the front lot
line of less than 3 m.
6.4.2 R1-2 - Reserved
6.4.3 R1-3-h (former R1-3-h) Residential First Density Exception 3 -holding
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-3-h:
-
Lands within this zone are intended for a mix of residential development
that includes medium and high density uses. The holding provision is
intended to remain in place until a mixed-use subdivision is approved
together with the required servicing extensions.
6.4.3
R1-4 (former R2-1) Residential First Density Exception 4
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-4
-
min. lot area: 165 m2 (1776 ft.2)
-
min. lot frontage: 12.2 m (40 ft.)
-
min. yards: front - 4.6 m (15 ft.); rear - n/a; side - 0.9 m (2.9 ft.)
-
max. building height: 10.6 m (34.7 ft.)
-
max. lot coverage: 60%
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-
home based business uses limited to 1st floor
-
signage, ingress and egress, loading spaces for commercial uses limited
to rear and side yards
-
front or exterior side yards for residential use only
-
required parking: 1 space/dwelling unit
-
home based business parking in rear or side yard only and screened
-
min. width landscaped open space along street-line except parking area
or driveway 4.6 m (15 ft.)
6.4.4 R1-5 (former R2-3) Residential First Density Exception 5
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-5:
-
the maximum lot coverage for all enclosed or partially enclosed buildings
and structures shall be 40 % and an additional 5% lot coverage is
permitted for unenclosed accessory structures, including attached
porches or decks with a surface elevation up to 1 metre above the
finished grade.
6.4.7 R1-7 (former R2-5) Residential First Density Exception 7
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-7:
-
minimum lot frontage in the R1-7 Zone shall be 18.2 m (60 ft).
-
minimum front yard for a dwelling or any projecting deck, porch or
veranda with a roof shall be 3 m but shall remain 6 m for a garage.
-
minimum rear yard for a dwelling shall be 4.88 m (16 ft).
-
minimum rear yard for an attached garage one storey in height shall be
2.7 m (9 ft.).
-
maximum lot coverage shall be 40% for all buildings and structures.
-
minimum lot area shall be 371.6 m2 (4,000 ft2).
6.4.8 R1-8 (former R2-6) Residential First Density Exception 8
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-8:
i.
The maximum total lot coverage for all enclosed or partially enclosed
buildings and structures shall be 40% and up to 45% lot coverage is
permitted for unenclosed accessory structures, including attached
porches or decks with a deck surface elevation up to 60 cm above the
finished grade, but subsection 4.1.1 paragraph i) shall continue to
apply.
ii.
Where the distance between the front lot line and the rear lot line is 26
m (85.3 ft.) or less, up to 5 m (16.4 ft) of the main wall for the principal
building may be constructed with a minimum rear yard of 4 m (13 ft.)
provided that the portion of the principal building with the reduced rear
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yard shall be limited to one storey and a maximum height of 6 m; and
any portion of the principal building 21.5 m (70 ft)or more from the
front lot line shall have a minimum rear yard of 6 m; and further
provided that the following minimum rear yard separation distances
between buildings and structures on separate lots are maintained:
1)
10m between buildings or fully or partially enclosed structures
with a floor area or lot coverage of 28 m2 (300 ft2) or more
2)
7.5m between buildings or fully or partially enclosed structures
with a floor area or lot coverage exceeding 28 m2 (300 ft2) and
a free standing fully or partially enclosed accessory structure
with a floor area or lot coverage less than 28 m2 (300 ft2) 7.5
m
3)
6m between buildings or fully or partially enclosed structures
with a floor area or lot coverage exceeding 28 m2 (300 ft2) and
an unenclosed accessory structure, deck or platform with a
surface elevation of 60 cm or less above the finished grade
4)
3m between free standing fully or partially enclosed accessory
structures with a floor area or lot coverage less than 37 m2
(300 ft2) and/or a deck or platform with a surface elevation more
than 60 cm above the finished grade and a similar structure on
an abutting lot
- a "minimum rear yard separation distance" shall mean the shortest
distance between two structures on separate lots measured across a
rear lot line.
6.4.9 R1-9 (former R2-7) Residential First Density Exception 9
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-9:
-
a home based business is permitted in an existing accessory
building subject to the following requirements:
-
A home based business operating in the accessory building shall be
limited to a home craft business including furniture manufacture and
assembly, a contractor's office and assembly shop, a repair service, a
distribution sales office or mail order office, and a professional or
consulting service but excluding a medical or dental service.
-
The home based business shall not include or provide any
instructional service.
-
The accessory building occupied for the home based business shall
not exceed a lot coverage of 69 m2 (742 ft.2);
-
A home based business shall not operate within both the residence
and an accessory building, except that a business office space of up
to 9.3 m2 (100 ft.2) will be permitted within the residence for a non-
office use in the accessory building.
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-
The accessory building occupied for the home based business shall
have a minimum side yard abutting a residential zone of 3 m (9.8ft.) and
a minimum rear yard of 27.5 m (90 ft.);
-
There shall be a maximum of one employee other than the resident
business owner/operator.
-
The minimum parking required for a permitted home based business
shall be three spaces. However, a fourth parking space located beside
or behind the accessory building shall be created if there is an
employee.
-
Except for the floor area exemption per the above clause, the
Regulations and the Signage requirements for a home based
business shall apply.
6.4.10 R1-10 (former R2-8) Residential First Density Exception 10
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-10:
-
the maximum lot coverage shall be 43%.
6.4.11 R1-11 (former R2-9) Residential First Density Exception 11
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-11:
a)
The minimum front yard shall be 4.6 metres.
6.4.12 R1-12 (former R2-10) Residential First Density Exception 12
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R1-12:
a) a farm produce stand shall be an additional permitted use, subject to the
following provisions:
i.
Minimum Front Yard: 4.5 metres
ii.
Maximum Lot Coverage: 6%
iii.
Minimum driveway entrance and exit width: 4.0 metres
iv.
Minimum width of one-way parking aisles: 3.0 metres
v.
Minimum width of planting strip: 1.0 metre
vi.
Minimum required number of parking spaces: 4
vii.
All other provisions of the R1 zone shall apply.
6.4.13 R1-13 (former R3-2) Residential First Density Exception 13
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-13:
a) A triplex with a maximum of three (3) units shall be permitted. Any non-
complying portion of the existing building may be converted for
residential use.
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6.4.14 R1-14 (former R3-4) Residential First Density Exception 14
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-14:
-
one dwelling unit or;
-
a clinic excluding laboratories, pharmacies or dispensaries;
-
editorial, management and financial consultants;
-
offices for surveyors and drafting services;
-
offices for non-profit or public service uses, as well as legal, planning,
accounting, architect, interior design, and engineering services; and
-
a bed and breakfast establishment.
-
Uses Permitted - on the second floor of 57 Wilson Street W. is limited to
one dwelling unit.
-
Uses Permitted at 59 Wilson St. W.: a single-detached or duplex; a
home based business; and shared parking facility to be used by
residents and employees/clients of 57 Wilson St. W.
Uses Prohibited
-
a clinic at 59 Wilson St. W
-
any use at 57 or 59 Wilson St. W. that would result in the total parking
requirement for the combined uses on both lots exceeding 10 vehicles;
-
a commercial use or home based business on a second floor
-
a commercial use, home based business or bed and breakfast
establishment at 57 Wilson Street W. if there is no access to parking
at 59 Wilson St W.
-
A home based business in any building used for more than one
dwelling unit.
Provisions
-
min. yard setbacks shall be the existing setbacks.
-
a maximum of 8 parking spaces at 59 Wilson St. W. plus one
turnaround space and max. of 2 parking spaces at 57 Wilson St. W.
-
min. width landscaped buffer at 59 Wilson St. W: 4.5 m (14.7 ft.) along
front and rear lot lines except the driveway and 2.13 m (7 ft.) along
northerly lot line. Landscaped buffer to be maintained.
-
maximum of 3 employees working in a business at 57 Wilson Street
West other than a clinic except that there may be 4 employees where
an employee is a resident at either 57 or 59 Wilson Street.
-
maximum no. of employees working in a clinic at 57 Wilson St West.
shall be 3 of which one may be a licenced physician or health care
provider, with a maximum of 4 and two licenced health care providers
where one of the providers is a resident of either 57 or 59 Wilson St. W.
-
site plan approval required prior to construction of a parking area
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6.4.15 R1-15 (former R3-5) Residential First Density Exception 15
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-15:
a) a bed and breakfast establishment with a maximum of two guest
rooms shall be permitted.
6.4.16 R1-16 (former R3-6) Residential First Density Exception 16
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-16:
-
a bed and breakfast establishment with a maximum of three
accommodation rooms shall be permitted, provided that the floor
area used for any aspect of the bed and breakfast establishment is
less than 50% of the floor area of the existing dwelling.
-
up to five parking spaces are permitted without separate entrance and
exit lanes or independent access to each parking space and a
driveway width of up to 8.53 m (28 ft.) is permitted as long as the
current parking configuration is maintained.
6.4.17
R1-17 (former R3-7) Residential First Density Exception 17
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-17:
-
minimum lot area
464 m2 (5,000 ft.2)
-
minimum lot frontage
15 m (49.2 ft.)
-
maximum lot coverage
40 %
-
maximum driveway width:
o with two separate driveways
2.74 m (9 ft.) per driveway
o with two abutting driveways
5.5 m (18 ft.)
6.4.18 R1-18 (former R3-8) Residential First Density Exception 18
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-18:
a) the second dwelling unit shall be limited to a one- bedroom apartment
with a floor area not greater than half the first floor area.
b) the minimum rear yard in the R3-8 Zone shall be 1.2 m (4 ft.);
c) the minimum side yard shall be 4.88 m (16 ft.) except that for the existing
one storey addition to the original building the minimum side yard shall be
3.35 m (11 ft.);
d) the minimum lot area shall be 371.6 m2 (4,000 ft2);
e) the minimum number of parking spaces required shall be three;
f)
an unenclosed porch with a maximum floor or deck area of 4 m2 may be
constructed with no minimum exterior side yard;
g) the maximum lot coverage for a main residential building shall be 40%
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and additional 5% lot coverage is permitted for attached accessory
structures exclusive of a garage.
h) the existing enclosed porch in the exterior side yard shall have legal
non conforming status provided it is structurally compliant with the Ontario
Building Code.
6.4.19 R1-19 (former R3-9) Residential First Density Exception 19
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-19:
-
a boarding house is not permitted.
6.4.20 R1-20 (former R3-12) Residential First Density Exception 20
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-20:
-
the maximum lot coverage for all enclosed or partially enclosed
structures shall be 38% and up to 43% for unenclosed porches or
decks with a deck surface elevation up to 60 cm above the finished
grade but subsection 4.1.1 paragraph i) shall continue to apply.
6.4.21 R1-21 (former R3-13) Residential First Density Exception 21
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-21:
-
the maximum driveway width shall be 5.25 m (17.22 ft.).
-
the minimum lot frontage shall be 15.24 m (50 ft.)
-
The maximum Density requirement in subsection 6.2 does not apply.
6.4.22 R1-22 (former R3-14) Residential First Density Exception 22
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-22:
-
two residential units shall be permitted, and in recognition of the pre-
existing legal non-complying status, two off-street parking spaces are
required through a formal agreement located within 300 metres of the
subject property plus one on site parking space as of the date this by-
law was passed.
6.2.23 R1-23 (former R3-15) Residential First Density Exception 23
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-23:
-
A home based business shall be permitted in the accessory building
-
One non-illuminated sign having a total area not exceeding 1.83m2
(6ft2) may be used to advertise the home based business.
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6.2.24 R1-24 (former R3-16) Residential First Density Exception 24
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-24:
-
Group Housing shall mean where there are two or more residential
dwellings (e.g. single-detached, semi-detached, triplex, row housing,
apartments) located on the same lot, Where the lot is retained under
one ownership or registration.
-
Solar energy device shall mean a device designed to collect, store and
distribute solar energy.
-
Solar energy devices are permitted as an accessory use provided that:
i.
the device is attached to the roof of either a principal or
accessory building or is ground mounted.
ii.
roof-mounted solar energy devices, may not project beyond the
outermost edge of the roof.
iii.
Ground mounted solar energy devices shall not exceed a height
of 2.5 meters;
iv.
the total area of ground mounted solar energy devices shall not
be greater than 20% of the lot area.
v.
The minimum separation distance between solar energy device
ground mounted systems shall be 0.5 metres.
vi.
The minimum yard setback for a ground mounted solar energy
device shall be 1.2 metres.
vii.
Despite the above, no ground mounted solar energy devices
shall be located between Robinson Street and any dwelling on
the property.
-
The minimum parking requirement for single detached dwellings is 1.25
spaces per unit.
-
The minimum separation distance between dwellings shall be 5 metres.
-
An attached deck and associated stairs shall be treated as part of the
dwelling when applying zoning regulations, except that they shall be
limited in size such that it shall not exceed 35% of the ground floor area
of the dwelling.
6.4.25 R1-25 (former R4-6) Residential First Density Exception 25
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-25:
Permitted Uses
-
Single-detached
-
-converted single-detached to 3 units max.
-
-Accessory uses
Regulations
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-
min. front yard 1.69 m (5.5 ft.) where side yard abuts adjacent lot
31, Plan 8828
-
min. side yard setback: 0.88 m (2.88 ft.)
-
2 parking spaces required
6.4.26 R1-26 (former R4-12) Residential First Density Exception 26
Notwithstanding any provision of this By-law to the contrary the following shall apply
to those lands zoned R1-26:
-
the lands subject to the R1-26 Zone may be subdivided into multiple
lots, condominiums, or ownerships, for the purposes of determining
maximum lot coverage and the minimum landscaped open space all
lands within the R1-26 Zone shall be considered as one lot.
-
Within an individual, conveyable lot, block or parcel within the R4-12
Zone the maximum lot coverage shall be 55% with an additional 5%
permitted for accessory structures that have no walls or roof provided
that the maximum lot coverage for all buildings and structures within
the lands encompassed by the R1-26 Zone shall be 45% with an
additional 5% for open decks.
-
for all lands encompassed by the R1-26 Zone the minimum
landscaped open space, exclusive of all driveways, parking areas,
walkways, patios or any other impervious surface shall be 35% and on
an individual lot, block or parcel shall be 20%.
-
maximum number of single-detached dwellings 10
-
the minimum street setback for a garage with a vehicle entrance facing
the street or having an angle to the street of less than 80 degrees shall
be 6 m.
-
the minimum street setback for a garage with a vehicle entrance facing
the street or having an angle to the street of less than 80 degrees shall
be 6m.
-
where vehicle access and parking is provided over a shared entrance
and a lane to the rear of individual units or in a common parking area,
then the following requirements shall apply:
-
minimum building setback from the front lot line for a main wall shall
be:
i.
4 m (13 ft.) for any part of a building which has one storey and/
or a building height not greater than 4.5 m;
ii.
5 m (16 ft) for any part of a building which consists of 1.5 to 2
storeys and/ or a building with a height between 4.5 m and 7.5
m;
iii.
5.5 m (18 ft) for any part of building which has more than two
storeys and/ or a building height exceeding 7.5 m
iv.
the maximum for the permitted projections for awnings shall be
1.5 m (5 ft.) in the front yard.
a)
no structure or vegetation shall exceed a height of 1 m within 4 meters
of any street entrance to a driveway or lane.
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b)
the minimum exterior side yard or setback from an exterior side lot
line shall be 3 m.
c)
the minimum setback from the easterly boundary of the R1-26 Zone for
any building shall be: 7.5 m
d)
the minimum rear yard or setback from the rear lot line for all main
buildings shall be 4.5 m where the rear lot line abuts land subject to
an easement for vehicle access or used for common open space and
landscaping and the minimum interior side yard for a detached or
semi-detached dwelling abutting such an easement or land in
common open space use shall be a 1.2m (3.9ft) for the first two storeys
of a building or part of a building to a maximum height of 7.5m.
e)
the minimum lot frontage required for a single-detached dwelling
shall be 10.2m and the minimum lot frontage required for a semi-
detached dwelling shall be 14m. In the event a semi-detached
dwelling is subdivided one dwelling unit may have a minimum lot
frontage of 6m.
f)
a dwelling unit on a lot with access to a common green space and
common parking areas through an ownership established under a
Condominium the minimum lot area requirement shall be reduced to
the following:
i.
Single-detached
250 m2 dwelling
ii.
Duplex, Triplex, Dwelling
154 m2 per dwelling
iii.
Semi-detached dwelling
198 m2 per dwelling
g)
the parking requirement for development within the R1-26 Zone shall be
determined on the basis of the type of dwelling or use but where access
to a common parking area within the R1-26 Zone is ensured through an
ownership established under a Condominium, the parking for a specific
dwelling unit or use owned by a member of the Condominium will not
be determined based on the use of individual lots, blocks or parcels but
shall be determined based on the total number of each dwelling unit
type in the Condominium within the R1-26 Zone.
h)
The parking on individual lots, blocks or parcels shall be provided as
per paragraph s) below.
i.
where access to visitor parking in a common parking area
within the R1-26 Zone is ensured through an ownership
established under a Condominium then the minimum parking
requirement for a one bedroom unit shall be reduced to 1.1
spaces per unit and the parking required for a two bedroom
duplex or semi-detached dwelling shall be 1.25 spaces per
unit.
ii.
where access to a common parking area within the R4-12 Zone
is ensured through an ownership established under a
Condominium then:
-
a single-detached dwelling, duplex, semi-detached, or
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triplex shall only be required to provide one parking
space per dwelling unit on the lot, block or parcel
encompassing the dwelling unit and the balance of the
required parking for the dwelling shall be located in the
common parking area; and
-
or a fourplex dwelling no parking spaces shall be
required on the lot, block or parcel encompassing the
dwelling unit provided the required parking spaces are
located within 60 m of the individual Dwelling Units in the
fourplex in the common parking area.
6.4.27 R1-27 (R3-x - OLT-24-00210) Residential First Density Exception 27
Notwithstanding any provision of this By-law to the contrary, on those lands zoned
R1-27, the minimum depth of an exterior side yard for a permitted principal use shall be
3.5 metres.
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No person shall use any land or erect, alter or use any building or structure in the
Residential Medium Density (R4) Zone except in accordance with the following provisions.
7.1
Permitted Uses
-
Multiple Dwelling
-
Row or Townhouse Dwelling, including Additional Residential Units
-
Stacked Townhouse Dwelling
-
Apartment Dwelling
-
Converted Dwelling
-
Group Home, Type A
-
Rooming/Boarding House
-
Home Based Business
-
Public Use
-
Public Services
7.2
Zone Requirements
Zone
Provisions
Multiple
Townhouse
Apartment/Staked
Townhouse
Converted
Rooming/Boarding
House
Minimum Lot
Area
464 m2 for
1st 4 units
plus 46m2
for each
additional
unit
250 m2 for
end dwelling
units, 165
m2 for
interior
dwelling
units
464 m2 for 1st 4
units plus 46m2 for
each additional
unit
464 m2 for
1st 4 units
plus 46m2
for each
additional
unit
464 m2 for 1st 4
units plus 46m2 for
each additional unit
Minimum Lot
Frontage
15m
6 m per
dwelling unit
15
15
15
Minimum Front
Yard
6m
6m
6m
6m
6m
Minimum Rear
Yard
6m
6m
6m
6m
6m
Minimum Side
Yard
One storey
= 1.2 m +
0.6 m for
each
additional
storey or
part thereof
One storey
= 1.2 m +
0.3 m for
each
additional
storey or
part thereof
One storey = 1.2 m
+ 0.6 m for each
additional storey or
part thereof
One storey
= 1.2 m +
0.3 m for
each
additional
storey or
part thereof
One storey = 1.2 m
+ 0.3 m for each
additional storey or
part thereof
Minimum
Exterior Side
Yard
4.5m
4.5m
4.5m
4.5m
4.5m
Section 7. Residential Medium Density (R4) Zone
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Maximum
Height
10.6m
10.6m
12m
10.6m
10.6 m
Maximum Lot
Coverage
40%
40%
40%
40%
40%
Minimum
Landscaped
Open Space
35%
35%
35%
35%
35%
7.3
Additional Requirements
1. The minimum interior side yard shall not apply to the party wall of a row or
townhouse dwelling.
2. For any row or townhouse dwelling, a screened outdoor privacy area shall be
provided abutting each dwelling unit having a minimum depth of 3 m (9.8 ft.).
3. Apartment Building Yards
Despite any minimum provision to the contrary, where the R4 Zone abuts any
other residential Zone the minimum interior side yard and/or the minimum rear
yard for a building exceeding three stories shall be the minimum specified or a
distance equal to one third the height of the building, whichever is greater.
4. Distance Separation Between apartment dwellings
Where more than one (1) apartment dwelling is erected on the same lot, the
distance between buildings shall not be less than half the average height of the
apartment buildings except where the buildings are at right angles or not less
than 70°, then the distance between the closest points of the main wall of the
buildings may be reduced to 6 m (19.7 ft.) or one-third (1/3) the height of the
buildings, whichever is less but in any case shall not be less than the minimum
necessary for a fire route or fire lane, when required.
5. Subdivided Row house or Townhouse
6. Where a lot developed with a row house or townhouse is subdivided into
separate parcels based on the common /partition walls between the dwelling
units such that each dwelling unit is located on a free-hold lot, then,
notwithstanding any requirement to the contrary, the lot encompassing an
interior row house or townhouse dwelling shall have a minimum lot area of
185.8 m2 (2,000 ft2 ) and a maximum lot coverage of 55% for enclosed
structures with an additional 5% for unenclosed accessory structures
provided that no structure exceeding 45% lot coverage has more than two
stories or a maximum height of 7.5 m (24.6 ft), whichever is less and further
provided the building on the original lot complies with all requirements of the
applicable R4 Zone category.
7.4
Exception Zones
7.4.1 R4-1 (former R4-2) Residential Medium Density Exception 1
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-1:
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-
no openings, vehicular or pedestrian access to be below 133.36 m
(437.5 ft.) elevation shall be permitted, but parking and pedestrian
encroachments permitted
-
min. elevation finished 1st floor 133.81 m (439 ft.) or 134.17 (440.1 ft.) of
a dwelling
-
parking in front yard permitted
7.4.2 R4-2 (former R4-3) Residential Medium Density Exception 2
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-2:
Permitted Uses
-
lesser of 60 dwelling units or 21.25 units/ha
-
Group Home
-
recreation centre as an accessory use
Regulations
-
min. elevation finished 1st floor 135 m (442.9 ft.)
-
min. building separation 5 m (16.4 ft.)
-
max. permitted projections 1.5 m (4.9 ft.) into side yard not exceeding
one storey (sun deck, stairs and landings)
7.4.3 R4-3 (former R4-4) Residential Medium Density Exception 3
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-3:
Permitted Uses
-
max. of 18 dwelling units
Regulations
-
min. building separation: 3 m (9.8 ft.)
-
no openings below 134.98 m (442.8 ft.) flood elevation
7.4.4 R4-4 (former R4-5) Residential Medium Density Exception 4
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-4:
Regulations
-
max. number of residential units: 26
-
min. setback: 30 m (98.4 ft.) from high water mark
-
no openings below 134.98 m (442.8 ft.) flood elevation
7.4.5 R4-5 (former R4-7) Residential Medium Density Exception 5
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-5:
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Permitted Uses
-
apartment dwelling for seniors
-
accessory office space
-
space for in-house personal services
Regulations
-
max. building height: four stories to a maximum of 13 m (42.6 ft)
-
max. density: 159 dwelling units in apartment buildings
-
required parking: 0.25 spaces per unit plus one space per employee with
a minimum of 55 parking spaces of which 12 spaces may be compact
car spaces with a minimum width of 2.43 m (8 ft.) and a length of 4.8 m
(15.75 ft)
-
notwithstanding that the lands may be separately conveyable, in the R4-
5 Zone, the maximum density and minimum parking requirements shall
be based on all development on contiguous parcels within the zone
boundary.
-
parking shall be permitted in the front yard provided a landscaped area
or planting strip not less than 1.5m wide is provided between a parking
area and a road allowance.
-
calculation of lot coverage will be based on the entire area of the lot
regardless of the location of zone boundaries and the minimum yard or
setback requirements shall be measured from the property lot lines not
the zone boundaries.
-
The minimum side yard abutting land in an R1 zone shall be 6 m (19.7
ft.).
-
where a solid wood privacy fence 1.8 m high is installed the minimum
landscaped open space required may be reduced to 1 m: within the
first 12 m of the front yard abutting the road starting at a point 3 m from
the limit of the road and within 3 m of a parking lot in the rear yard; and
may be reduced to 2 m abutting the southerly side of a driveway in the
rear yard and nil on the northerly side of a driveway in the rear yard.
-
a maximum of eight parking spaces may directly access or abut a cul-
de-sac at the terminus of Alma Street provided they are visitor parking
spaces that are not occupied overnight.
-
The lot line abutting Alma Street is the front lot line and the shore lot
line abutting the Tay River is the rear lot line.
7.4.6 R4-6 (former R4-8) Residential Medium Density Exception 6
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-6:
-
A townhouse development shall be the only permitted use.
-
the minimum street setback for any portion of a garage shall be 6 m.
-
the lot line abutting Beckwith Street shall be the front lot line and all
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buildings and structures, shall be subject to the minimum front yard
requirement.
-
where vehicle access is provided over a shared entrance and a lane to
the rear of individual units, then the minimum building setback from the
front lot line for a main wall shall be 4 m (13 ft) and the minimum
setback between a street-line and porches, verandas, access decks,
stoops and stairs, or any part thereof, shall be 2 m (6 ft.).
7.4.7 R4-7 (former R4-9) Residential Medium Density Exception 7
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-7:
-
land zoned R4-7 shall only be used for an apartment, or buildings with
three or more dwelling units.
-
the minimum street setback for any portion of a garage with an entrance
facing the street or with an angle to the street of less than 80 degrees
shall be 6 m.
-
the lot line abutting Lustre Lane shall be the front lot line and all
buildings and structures, save for the permitted projections and
unenclosed porches or steps on the first floor, shall be subject to the
minimum front yard requirement.
-
where vehicle access and parking is provided over a shared entrance and
a lane to the rear of individual units or in a common parking area in a side
or rear yard, then the following requirements shall apply:
i.
minimum building setback from the front lot line for a main wall - 4
m (13 ft.)
ii.
the maximum for the permitted projections and awnings shall be 2 m
(6.6 ft.) in the front yard with no other front yard projections except
as provided for in the seventh and eighth rows of Table 7.
iii.
the minimum exterior side yard or setback from an exterior side lot
line for all buildings and structures shall be 3 m with a maximum
projection of 1 m for eaves only with no other exterior side yard
projections from the minimum setback except as provided for in the
seventh and eighth rows of Table 7.
iv.
the maximum height for construction at the minimum yards and
setbacks provided for in clauses i) and iii) above shall be 10 m and
for every additional metre of building height, or any part thereof,
there shall be a corresponding increase in the yards and setbacks
provided for under said clauses.
-
No building or structure shall be permitted below an elevation of 134.9
1 m
-
Minimum interior side yard or setback from an interior side lot line for
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all buildings and structures, inclusive of accessory structures and
first floor projections shall be 6.5 m
-
Minimum rear yard or setback from the rear lot line for all buildings
and structures, inclusive of accessory structures and first floor
projections shall be 5 m
-
the Zone boundary opposite the Front Lot Line shall be considered the
rear lot line.
7.4.8 R4-8 (former R4-10) Residential Medium Density Exception 8
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-8:
-
the lot line abutting Gore Street shall be the front lot line and the
minimum front yard setback shall be 3 m.
-
any vehicle entrance to a garage or car port that has angle to the street
access of less than 60 degrees shall have a minimum setback from the
street of 6 m.
-
the minimum interior side yard for an apartment dwelling shall be 2.34
m (8 ft.) for any building having 2 stories or less.
7.4.9 R4-9 (former R4-11) Residential Medium Density Exception 9
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-9:
-
the maximum lot coverage for all enclosed or partially enclosed
buildings and structures shall be 40% and an additional 5% lot
coverage is permitted for unenclosed structures, including attached
porches or Decks with a surface elevation up to 1 metre above the
finished grade.
7.4.10 R4-10 (former R4-12) Residential Medium Density Exception 10
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-10:
a) lands subject to the R4-10 Zone may be subdivided into multiple lots,
condominiums, or ownerships, for the purposes of determining maximum
lot coverage and the minimum landscaped open space all lands within
the R4-10 Zone shall be considered as one lot.
b) Within an individual, conveyable lot, block or parcel within the R4-10 Zone
the maximum lot coverage shall be 55% with an additional 5% permitted
for accessory structures that have no walls or roof provided that the
maximum lot coverage for all buildings and structures within the lands
encompassed by the R4-10 Zone shall be 45% with an additional 5% for
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139
open decks.
c) the maximum lot coverage for all apartment dwellings with respect to all
lands within the R4-10 Zone shall be 20%.
d) the minimum landscaped open space, exclusive of all driveways,
parking areas, walkways, patios or any other impervious surface shall be
35% and on an individual lot, block or parcel shall be 20%.
e) land zoned R4-10 shall be used for a mix of residential dwelling forms in
accordance with the following:
i.
minimum number of dwelling units
30
ii.
minimum number of dwelling units in an apartment building 12
iii.
maximum number of single-detached dwellings
10
iv.
maximum number of dwelling units in an apartment building 20
v.
maximum number of dwelling units
50
f)
within lands subject to a Condominium, one bedroom dwelling units
within an apartment dwelling may be converted to rentable home
business suites, for use of members of the Condominium in lieu of home-
based business space within the dwelling unit of the Condominium
member. Similarly, one bedroom apartment suites may be converted into
rentable overnight accommodation suites for guests of dwelling unit
owners that are members of the Condominium. The maximum number of
apartment units that may be converted for either business space or
overnight accommodation suites shall be equal to eight percent of the
number of dwelling units within the Condominium membership up to a
maximum of four converted units. Each converted unit shall have an
independent exterior exit and a maximum floor area of 46 m2 (495 ft.2).
g) within lands subject to a Condominium, a place of assembly, in the form
of a room with an independent exterior exit or a standalone building, with
a floor area of up to 100 m2 (1,076 ft.2), exclusive of washroom space,
may be provided for the use of, or for lease to, members of the
Condominium.
h) the maximum number of lots, blocks or parcels for single- detached
dwellings shall be 10 .Notwithstanding any provision of subsections 4.1 or
9.2 or the R4-12 Zone to the contrary, the minimum street setback for a
garage with a vehicle entrance facing the street or having an angle to the
street of less than 80 degrees shall be 6 m.
i)
the minimum street setback for a garage with a vehicle entrance facing the
street or having an angle to the street of less than 80 degrees shall be
6m.
j)
where vehicle access and parking is provided over a shared entrance and
a lane to the rear of individual units or in a common parking area, then the
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following requirements shall apply:
i. minimum building setback from the front lot line for a main wall
shall be:
- 4 m (13 ft.) for any part of a building which has one storey and/ or
a building height not greater than 4.5 m;
- 5 m (16 ft) for any part of a building which consists of 1.5 to 2
storeys and/ or a building with a height between 4.5 m and;
- 5.5 m (18 ft) for any part of building which has more than two
storeys and/ or a building height exceeding 7.5 m
- the maximum for the permitted projections for awnings shall be 1.5
m (5 ft.) in the front yard.
ii. no structure or vegetation shall exceed a height of 1 m within 4 meters
of any street exit to a driveway or lane.
iii. the minimum exterior side yard or setback from an exterior side lot
line shall be 3 m.
k) the minimum setback from the easterly boundary of the R4-12 Zone for
any building shall be: 7.5 m
l) The minimum setback between a street-line and an apartment dwelling
shall be: 25 m
m) the minimum rear yard or setback from the rear lot line for all main
buildings shall be 4.5 m where the rear lot line abuts land subject to an
easement for vehicle access or used for common open space and
landscaping and the minimum interior side yard for a detached or semi-
detached dwelling abutting such an easement or land in common open
space use shall be a 1.2m (3.9ft) for the first two storeys of a building or
part of a building to a maximum height of 7.5m.
n) the minimum lot frontage required for a single-detached dwelling shall
be 10.2m and the minimum lot frontage required for a semi-detached
dwelling shall be 14m. In the event a semi-detached dwelling is
subdivided one dwelling unit may have a minimum lot frontage of 6m.
o) a dwelling unit on a lot with access to a common green space and
common parking areas through an ownership established under a
Condominium the minimum lot area requirement shall be reduced to the
following:
i. Single-detached dwelling
250 m2
ii. Duplex, Triplex, Dwelling
154 m2 per dwelling
iii. Semi-detached dwelling
198 m2 per dwelling
iv. Townhouse (exterior unit)
175 m2
v. Townhouse (interior unit)
142 m2
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141
vi. Apartment Dwelling
1,394 m2
p) the parking requirement for development within the R4-10 Zone shall be
determined on the basis of the type of dwelling or use but where access to
a common parking area within the R4-10 Zone is ensured through an
ownership established under a Condominium, the parking for a specific
dwelling unit or use owned by a member of the Condominium will not be
determined based on the use of individual lots, blocks or parcels but shall
be determined based on the total number of each dwelling unit type in the
Condominium. The parking on individual lots, blocks or parcels shall be
provided as per below.
q) where access to visitor parking in a common parking area within the R4-
12 Zone is ensured through an ownership established under a
Condominium then the minimum parking requirement for a one bedroom
unit shall be reduced to 1.1 spaces per unit and the parking required for a
two bedroom duplex or semi-detached dwelling shall be 1.25 spaces per
unit.
r)
where access to a common parking area within the R4-12 Zone is
ensured through an ownership established under a Condominium then:
i. a single-detached dwelling, duplex, semi-detached, or triplex shall
only be required to provide one parking space per dwelling unit on
the lot, block or parcel encompassing the dwelling unit and the
balance of the required parking for the dwelling shall be located in the
common parking area; and
ii. or a townhouse or fourplex dwelling no parking spaces shall be
required on the lot, block or parcel encompassing the dwelling unit
provided the required parking spaces are located within 60 m of the
individual Dwelling Units in the townhouse or fourplex in the
common parking area.
iii. the parking area for an apartment dwelling shall abut the building or
be located within 30 m of the building.
7.4.11 R4-11 (former R4-13) Residential Medium Density Exception 11
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-11:
a) for any building exceeding two stories or a maximum height of 7 m, a
minimum setback of 6 m shall apply from any lot line shared with an
abutting residential lot.
b) a minimum setback of 6m shall apply to any dwelling unit where an exit
to the dwelling unit or a window with an area exceeding 1.5 square metres
orients to a rear lot line of an abutting residential lot.
c) the rear yard setback may be reduced to 3 m where the side of a
dwelling unit orients to the rear lot line, no dwelling unit exit faces the
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rear lot line, and no window with an area exceeding 1.5 square meters
orients to the rear lot line.
d) an opaque privacy fence a minimum of 1.8 m in height supplemented by
vegetation that will provide a visual screen to a minimum height of 3 m at
maturity shall be required along any property boundary that form the rear
lot line of an abutting residential lot for any Development that exceeds
two stories or a maximum height of 7.5m.
where a parking space, other than a garage, is placed within 3 m of an
abutting residential lot, an opaque privacy fence, a minimum of 1.8 m in
height, shall be constructed within 1 m of the common lot line between
the parking space and the lot line and said fence shall have a width
extending not less than one metre to either side of the parking space or
parking area.
7.4.12 R4-12 (former R4-14) Residential Medium Density Exception 12
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-12:
a) the minimum lot frontage for a multiple-residential building of three or
more units shall be 18.2 m (60 ft.) and shall be measured as the total of the
frontage for each dwelling unit with a shared or common wall in a given
building regardless of whether a dwelling unit is on a separately
conveyable lot.
b) the minimum lot frontage for a Single-detached shall be 12.2 m and for a
building with 2 dwelling units shall be 6.1 m per unit.
c) parking for a multiple residential building with more than two Dwelling
Units or for any townhouse unit shall be located in a rear yard.
d) where vehicle access and parking is provided over a shared entrance and
a lane to the rear yard of individual units or to a common rear yard
parking area, then the following requirements shall apply:
-
minimum building setback from the front lot line for a main wall
shall be:
-
4 m (13 ft.) for any part of a building which has one storey and/
or a building height not greater than 4.5 m;
-
5 m (16 ft.) for any part of building which consists of 1.5 to 2
storeys and/or a building with a height between 4.5m and 7.5
m;
-
5.5 m (18 ft.) for any part of building which has more than two
storeys and/ or a building height exceeding 7.5m.
e) the minimum exterior side yard shall be 3 m.
f)
the maximum number of dwelling units on all parcels in the R4-14 Zone
shall be eight and the maximum density shall be one dwelling unit per
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143
220 m2 (2,368 ft.2) of lot area.
g) for a townhouse dwelling or a multiple-residential building with three or
more dwelling units, the minimum interior side yard from the southerly
side lot line shall be 1.5m
7.4.13 R4-13 (former R4-16) Residential Medium Density Exception 13
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-13:
-
The maximum total lot coverage for all enclosed or partially enclosed
buildings and structures shall be 40% and up to 45% lot coverage is
permitted for unenclosed accessory structures, including attached
porches or decks with a deck surface elevation up to 60 cm above
the finished grade,
-
the minimum setback between an accessory building and a rear lot
line shall be 1.2 m (4 ft.). Principal uses permitted in the R1 Zone shall
be permitted on lands zoned R4-13
7.4.14 R4-14 (former R4-17) Residential Medium Density Exception 14
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-14:
a) an apartment dwelling is not permitted
b) Regardless that the ownership of the land or that each unit in a
townhouse dwelling may be divided into separate parcels, lot coverage
shall be calculated on the basis of all lands associated in ownership with all
the units in a townhouse building and the maximum total lot coverage
shall be 50% with up to a maximum of 55% for unenclosed accessory
structures, such as attached porches or decks with a deck surface
elevation up to 60 cm above the finished grade.
c) A side yard of 1.2 m is permitted for buildings up to 5.5 m in height
where there are no eaves or building drainage structures other than a fully
enclosed drain pipe in the side yard.
d) The minimum setback from the rear lot line for all accessory buildings
and structures other than a fence shall be 2.6 m.
e) the two (2) townhouse units described as Parts 1 and 2; and Parts 4 and
5, Reference Plan 27R-10106 and municipally known as 21 and 25
Perthmore Street, may be modified to include a second dwelling unit
provided there is a minimum of three parking spaces. The two parcels
referenced above a maximum driveway width of 5.2 m is permitted.
7.4.15 R4-15 (former R4-20) Residential Medium Density Exception 15
Notwithstanding any provision of this By-law to the contrary the following shall apply to
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144
those lands zoned R4-15:
-
apartment dwelling shall not be permitted in the R4-15 Zone
-
the parking area may have a landscaped open space buffer with a
reduced minimum width of 1.2 m (4 ft.) provided that a solid board
privacy fence a minimum of 1.82m (6 ft.) in height and extending the
entire length of the parking area and projecting a minimum of one metre
beyond the limit of the parking area is located within the landscaped
strip and the fence is constructed in a manner that provides not less
than 90% visual screening for its entire length.
-
the minimum parking requirement shall be one space per dwelling unit
plus three guest/overflow parking spaces.
-
a sight triangle with a minimum site line distance of 4 m shall be
maintained at the intersection of a driveway with a public street where
the driveway provides access to a parking area with parking spaces
for more than 4 vehicles.
7.4.16 R4-16 (former R4-21) Residential Medium Density Exception 16
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-16:
a) the minimum landscaped open space buffer abutting a parking area
may be reduced to 1m from a parking area provided the buffer includes a
solid board screening fence or continuous hedge not less than 1.2 m (4 ft.)
in height.
b) any habitable building shall be located a minimum of 30 m from the
property boundary of land owned or occupied by a railway operator and
used as a rail corridor.
7.4.17 R4-17 (former R4-22) Residential Medium Density Exception 17
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-17:
a) the existing second entrance to Isabella Street located to the east of the
main entrance and providing access to a parking area in the side yard, is
hereby deemed to be a legal noncomplying use accessory to a
residential occupancy and no other entrance is permitted.
b) the width of the existing main driveway, being directly in front, and more
or less equal to the width, of the existing building, is hereby deemed to be
a legal non-complying use accessory to a residential occupancy.
c) the minimum setback for a habitable building from the boundary of a lot
or parcel of land occupied by a railway shall be 30 m (99.8 ft.).
7.4.18 R4-18 (former R4-23) Residential Medium Density Exception 18
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-18:
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a) Lot frontage on a private road within a registered Condominium will be
deemed to be equivalent to and measured in the same manner as
frontage on a public street.
b) semi-detached dwellings, townhouse dwellings, or an apartment
dwelling with a maximum of 6 units, are permitted
c) there shall be minimum building setback of 6 m from the rear lot line of
an abutting lot in an R1 zone category for a building of two storeys or less
and the minimum setback shall increase to 7.5 m for a building with more
than two storeys or a height of 8 m or more.
d) the maximum total number of dwelling units is 16.
7.4.19 R4-19-h (former R4-24-h) Residential Medium Density Exception 19 - Holding
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-19-h:
-
For a building with four dwelling units or less the standard R1 Zoning
requirements and all General provisions shall apply except the westerly
side yard shall be 4 m.
-
for a building with more than four dwelling units the following zone
requirements shall apply:
a)
The minimum number of required parking spaces shall be six.
b)
One of the required parking spaces may be a small car space.
c)
One parking space in the rear yard may have a reduced length of
5.5 m (18 ft.)
d)
The entry and exit lanes may be located separately on either side
of the building with two points of access to the street and the
westerly lane shall be the entry lane and each lane shall have a
width of 3 m.
e)
No entrance shall be permitted on Sunset Blvd.
f)
One standard parking space designed to barrier free standards
will also be permitted in the front yard abutting the easterly exit
lane.
g)
A parking area in the R4-19 zone shall be buffered by
landscaped space not less than 45 cm wide and a screening
fence providing a minimum of 90% visual buffering from 10 cm
above grade to 2 m above grade along each side lot line
extending from the point of intersection with the rear lot line to 6 m
along each side yard. Visual access to the parking area from
Sunset Blvd will be obstructed by a hedge, shrubs or a screening
fence.
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h)
A minimum of 42% of the front yard shall be landscaped space.
i)
The minimum front yard for the north-westerly corner of the
building shall be 4.9 and the interior limit of the front yard shall
extend in a straight line such that at the point where the minimum
side yard setback from the easterly side yard intersects the front
building line the front yard will have a minimum setback of 6 m
from the front lot line.
j)
The minimum side yard shall be 4 m (13.1 ft.).
k)
The minimum rear yard shall be 9 m (30 ft.)
l)
The maximum lot coverage shall be 25%.
m)
The minimum landscaped open space shall be 22%
n)
No detached accessory buildings are permitted.
7.4.20 R4-20 (former R4-25) Residential Medium Density Exception 20
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-20:
-
a continuum of care facility, a seniors home or residence and a
senior's non-residential care facility are permitted.
-
The lot line along Rideau Ferry Road shall be the front lot line.
-
The minimum front yard for any storey above three storeys shall be 7m
(23 ft.).
-
The maximum building height shall be 14.5 m (47.5 ft.)
-
The maximum number of stories shall be four
-
The minimum rear yard shall be 10 m for a main building with less than
three stories and 30 m for a main building of three stories or more.
-
The minimum southerly side yard shall be 30 m.
-
No setback will be required between single storey buildings or
structures used as a pedestrian or service delivery link between main
buildings, accessory buildings or the boundary with the C3-6 Zone
provided such buildings or structures do not exceed a maximum width
(extending between the outer limit of exterior walls) of 6.5 m
-
A maximum of 5% of required parking may be small car spaces
-
a screening fence shall provide a minimum of 90% visual buffering from
10 cm above grade to 1.8 m above grade.
-
Except for vehicle entrances, 100% of the minimum front yard shall be
landscaped space.
-
Compliance with the minimum parking requirement shall be determined
based on the total number of parking spaces in the R4-20 Zone and the
C3-6 Zone.
7.4.21 R4-21 (former R4-26) Residential Medium Density Exception 21
Notwithstanding any provision of this By-law to the contrary the following shall apply to
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those lands zoned R4-21:
a) The front lot line shall be deemed the Victoria Street lot frontage.
b) The minimum front yard shall be 3m.
c) The minimum landscaped open space shall be 20%.
d) the maximum area of a lot that may be covered by impervious surfaces
shall be 75%
e) The minimum required number of parking spaces shall be 24, inclusive of
four visitor spaces.
7.4.22 R4-22 (former R4-27) - Residential Medium Density Exception 22
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-22:
Regulations:
-
Front Yard Setback
3.08 m
-
Minimum Interior Side Yard Setback (55 Drummond St. E)
2.61m
-
Minimum interior Side Yard Setback (57 Drummond St. E)
1.15m
-
Minimum Rear Yard Setback
5.83m
-
Minimum Landscaped Open Space
33%
-
Bicycle parking shall be permitted at the rear
-
Parking
1 parking space per unit
-
Minimum Separation Distance between Buildings
5.85m
7.4.23 R4-23 (former R4-28) Residential Medium Density Exception 23
Regulations:
-
Required planting strip in the rear yard shall be 1.0 metre.
-
Maximum impervious surface shall be 70% of the lot.
-
Two (2) parking spaces shall be permitted within the required exterior
side yard.
-
Required parking shall be 1.3 spaces per unit with a minimum of 21
spaces.
-
Minimum interior side yard shall be 2.0 metres.
-
Minimum exterior side yard shall be 3.4 metres.
-
Maximum lot coverage shall be 37.1%.
-
Minimum landscaped space shall be 32.2%.
7.4.24 R4-24 (former R4-29-h) Residential Medium Density Exception 24- Holding
Permitted Uses:
- Apartment dwellings with a maximum of 16 units per lot
Regulations:
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-
Minimum required parking: 24 spaces per lot, including 4 visitor parking
spaces per lot.
-
each lot may have a maximum of 63% impervious surface.
A Holding Provision, denoted as R4-24-h, shall prohibit any development or
occupancy of the subject lands, except for existing uses as of the day By-law No.
3358 was passed. Development or occupancy may only occur following completion of
a site plan process approved by the Town, provision of municipal utilities servicing the
buildings, and conveyance of lot frontage on a public street brought up to municipal
standards.
7.4.25 R4-25 (former R4-30) Residential Medium Density Exception 25
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-25:
i.
The minimum parking requirement for any type of residential unit shall be 1 per
unit.
ii.
Visitor parking spaces are required to be identified and calculated at 10% of the
required parking spaces identified in this Exception zone.
iii.
The following setbacks apply to the existing converted dwelling on the date of
passing of this By-law:
a. The minimum front yard setback is 3.4 metres
iv.
The minimum side yard setback for an apartment is 4.5 metres.
v.
The minimum rear yard setback for an apartment is 7.5 metres.
vi.
Balconies on an apartment building are prohibited above the second storey.
vii.
Section 4.24 (Landscaped Open Space, Planting Strips and Visual Buffer Strip)
shall not apply.
viii.
Despite the above, a 1.8 m high wood fence is required to be provided along
the north, east, and south property lines of the property.
ix.
The maximum lot coverage for accessory buildings shall be 10% of the lot area.
x.
The minimum separation distance between a driveway on the subject property
and on an abutting lot shall not apply.
xi.
The minimum separation distance between a converted dwelling and an
apartment building is 6 metres unless a greater separation distance is required
by Ontario Building Code or Fire Code.
xii.
For clarity, the existing converted dwelling may accommodate up to four
dwelling units.
xiii.
The maximum number of storeys for an apartment building is three.
7.4.26 R4-26 (former R3-3) Residential Medium Density Exception 26
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-26:
Permitted Uses
-
retirement home
-
rowhouse or townhouse dwelling
-
Building converted to apartment
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-
Inn
Regulations
-
min. lot area for row house: 220 m2 (2,368.1 ft.2)
-
max. density: 37 units/net ha for buildings on lots 9, 10 and 17
-
max. lot area for Institutional Use: 3,055 m2 (32,884.8 ft.2) on lots 7,
8, 9 and 10 only
-
min. lot area for Inn: 2,325 m2 (25,026.9 ft.2)
-
min. lot frontage for Inn: 42.5 m (139.4 ft.)
-
min. interior side yard for Inn: 6 m (19.7 ft.)
-
max. building height for Inn: lesser of existing height or 10.6 m (34.7
ft.)
-
max. lot coverage for Inn: 436 m2 (4693.2 ft.2)
-
min. landscaped open space for Inn: 35%
-
max. seating capacity for restaurant: 50 seats
-
min. parking for Inn: 1 space per guest suite plus 9.3 m2 (100 ft.2) for
public uses except restaurant plus 1 space for every 4 seats in
restaurant except that two seats shall be subtracted for each
accommodation room or suite
7.4.27 R4-27-h (former second R4-24-h) Residential Medium Density Exception 27
Regulations:
Residential Medium Density (R4) standards shall apply.
A Holding Provision, denoted as R4-27-h, prohibits any development or
occupancy of the subject lands, except for existing uses as of the day By-law
No. 3358 was passed. Development or occupancy may only occur when then
following are met:
a) the Town is satisfied that the owner has adequately installed municipal
water, sanitary sewer and storm water system connections to the
property;
b) the Town is satisfied that adverse effects to the future uses on the
affected lands are minimized and mitigated, and potential impacts to the
adjacent industrial use are minimized and mitigated through the
completion of satisfactory Noise, Air and Vibration Reports;
c) the Town is satisfied that the affected parcel's contamination has been
assessed and if necessary, remediated to permit development that
aligns with the Town of Perth Official Plan and Zoning By-law; and,
d) the owner constructs and pays for the creation of public road frontage
with year-round maintenance to the satisfaction of the Town for access
to the affected parcel.
For clarity and aligning with Land Division Committee of Lanark County's
consent decision for LDC File# B21/079, upon completion of the consent, the
lifting of the holding may be requested separately for either the severed or
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retained lands, or both, as the case may be.
7.4.28 R4-28 (former second R4-26) Residential Medium Density Exception 28
Notwithstanding any provision of this By-law to the contrary the following shall apply to
those lands zoned R4-28 a multi-unit building will be permitted with a maximum building
height of 17 m.
7.4.29 R4-29 Residential Medium Density Exception 29
Despite anything to the contrary in this By-law, the following provisions apply to those
lands zoned R4-29:
i.
Minimum lot frontage from 6m to 5. 75 m
ii.
Minimum exterior side yard from 4.5 m to 4.42 m
iii.
Minimum Parking Space Requirement from 16 to 12 parking spots
iv.
Minimum Lot Area for interior Townhouses from 185.8 square metres to 171.70
square metres.
v.
Maximum Lot coverage from 55% to 56.8%
vi.
Setback of driveway from local road from 15 m to 7 m
viii.
Lifting of Hold
7.4.30 R4-30 Residential Medium Density Exception 30
Despite anything to the contrary in this By-law, the following provisions apply to the
lands subject to Residential Fourth Density Special Exception- 30 (R4-30):
a)
A lot coverage of 32%
b)
A total of 8 parking spaces, rather than the required 9.
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No person shall use any land or erect, alter or use any building or structure in the
General Commercial (C1) Zone except in accordance with the following provisions.
8.1
Permitted Uses
-
Accessory Use, building or structure
-
Additional Dwelling except were prohibited
-
Audio/Visual Studio
-
Bake Shop
-
Bank
-
Bed & Breakfast Establishment
-
Business, Professional and/or Administrative Office
-
Car Rental Agency
-
Clinic
-
Commercial Parking Lot
-
Convenience Store or Confectionary Store
-
Dry Cleaning Distribution Station
-
Entertainment Establishment excluding an Arcade or video Arcade
-
Factory Outlet
-
Farmer's Market
-
Funeral Home
-
Hotel
-
Industrial Use (Existing use only)
-
Institutional Use
-
Laundromat
-
Park
-
Parking Area, Parking Garage
-
Personal Service Establishment
-
Place of Assembly
-
Printing and Publishing Establishment
-
Private Club
-
Public Use or Public Service Facility
-
Recreational Commercial Establishment
-
Restaurant - all defined types permitted except a Drive-through or Take-out
restaurant
- Retail Store
-
Shopping Centre
-
Tavern or Road House
-
Taxi Stand
-
Terminals including public transit terminals
-
Video rental outlet
Section 8. General Commercial (C1) Zone
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-
Wellness Center
8.2
Zone Requirements
Minimum Lot Area
n/a
Minimum lot frontage
n/a
Minimum Yards:
-
Front Yard
n/a
-
Rear Yard
6 m (19.7 ft.)
-
Interior or Exterior Side Yard n/a except where a C1 zone abuts a
Residential Zone 9 m (29.5 ft.)
Maximum building height 12 m (39.3 ft.)
Maximum Lot Coverage
80% inclusive of Lot Coverage - Impervious
Surfaces
8.3
Additional Requirements
1. Where any lot used for a commercial use abuts a lot on which the principal
use is a residential use, outside storage is prohibited in those yards on the
commercial use lot which abuts the residential use lot unless the outside
display is completely hidden by an opaque screen or buffer.
2. No parking space shall be located within 3 m (9.8 ft.) of any window of a
residential use.
3. No additional dwelling may be located in a building or structure used for
an automotive use, Hotel, motel, public use or public service. An
additional dwelling shall be located on the second storey of a building
provided the unit complies with the Building Code and has a separate
access to the street level.
4. An apartment dwelling shall be permitted as part of a mixed-use. In a
Mixed-use the ground floor and a second storey may be used for a
permitted commercial use. An apartment dwelling shall comply with the R4
Zone requirements for parking.
5. Motels and Hotels
Where the exterior wall of a guest room contains a habitable room
window, such wall shall be located not closer than 7.5 m (24.6 ft.) from any
interior side or rear lot line.
6. Landscaped Open Space
The provisions of Subsection 4.23 shall apply to any Commercial use in a
C1 Zone that abuts a Residential Zone.
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8.4
Exception Zones
8.4.1 C1-1 (former C1-2) General Commercial Exception Two One Zone
Notwithstanding any provision of this By-law to the contrary the following shall
apply to those lands zoned C1-1 a car rental agency, clinic, convenience
store, dry cleaning establishment, entertainment establishment, Farmer's
Market, funeral home, hotel, restaurant, Tavern or Road House, Taxi Stand,
and Terminals are not permitted.
Notwithstanding any provision of Section 10 to the contrary, in the C1-2 Zone
a dwelling unit is permitted on any floor within the building- except when a
use involving motor vehicles is present.
-
min. side yard: existing side yard setbacks:
-
westerly side yard 0.41 m (1.34 ft.);
-
easterly side yard 3.15 m (10.3 ft )
8.4.1 C1-2 (former C1-3) General Commercial Exception Two Zone
Notwithstanding any provision of this By-law to the contrary the following shall
apply to those lands zoned C1-1:
a) a ground floor residential unit with a maximum floor area of 38 m2 (409
ft.2) within the footprint of the existing building is permitted with a
minimum setback of 7.3 m (24 ft.) from the front wall facing Gore St with
rear yard access and subject to the creation of one new parking space
for the unit.
b) up to two parking spaces can be provided at the "small car space"
standard
8.4.2 C1-3-h (former C1-4(-h)) General Commercial Exception Three Zone
Notwithstanding any provision of this By-law to the contrary the following shall
apply to those lands zoned C1-2-h:
a) Notwithstanding any existing lot ownership or lot boundaries, all lands
within the C1-2 zone shall be considered one lot for the purposes of
determining all zoning requirements.
b) Notwithstanding the definition of front lot line, the lot line abutting Wilson
Street West shall be the front lot line
c) No Commercial use is permitted in the C1-2 Zone until all existing
residential uses are vacant.
d) the minimum exterior side yard for any building or accessory structure
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adjacent to Leslie Street will be 3 m.
e) a parking area in the C1-2 zone shall be buffered from Leslie Street by a
screening fence on the interior limit of the exterior side yard, providing a
minimum of 90% visual buffering from 10 cm above grade to 1.8 m
above grade.
f)
No Commercial entrance from the C1-2 Zone will be permitted onto Leslie
Street.
g) No Commercial signage shall be erected in the exterior side yard facing
Leslie Street other than a wall mounted sign of a corporate or business
logo with a maximum area of 0.6 m2 (6.5 ft.2).
h) The placement of up to four parking spaces on abutting lands outside the
C1-2 to meet the minimum parking requirement is hereby approved.
8.4.3 C1-4 (former C1-5/modified TU-6) General Commercial Exception Five Zone
Notwithstanding any provision of subsection 8.1 to the contrary, within the C1
3 Zone, only a parking lot accessory to a commercial use is permitted
subject to the following requirements:
a) a parking area shall have a landscaped buffer a minimum of 3.5 m wide
with an interior solid, screening fence a minimum of 2.2 m high.
b) no structure other than a solid screening fence or structures accessory
to the parking area shall be permitted.
c) a solid screening fence shall consist of opaque panels or overlapping
wood construction designed to entirely screen visual access to the
parking lot from Leslie Street extending from a height of 10 cm above
grade to the top of the fence.
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No person shall use any land or erect, alter or use any building or structure in the
General Commercial Professional (C1P) Zone except in accordance with the following
provisions.
9.1
Permitted Uses
-
Accessory Use, building or structure1)
-
Additional Dwelling
-
Bank
-
Business, Professional and/or Administrative Office
-
Law and Legal Offices
-
Single-detached Dwelling
-
Duplex Dwelling
-
Semi-detached Dwelling
9.2
Zone Requirements
Residential Uses
The zone standards shall be as set out in R1, zone for a Single- detached
dwelling, semi-detached dwelling or duplex dwelling respectively.
Commercial Uses
Minimum lot area ..................................................................................... n/a
Minimum lot frontage .............................................................................. n/a
Minimum Yards:
-
Front Yard ................................................................. 14m (45.9 ft.)
-
Rear Yard ................................................................... 6 m (19.7 ft.)
-
Interior or Exterior Side Yard................................................ n/a or
9 m (29.5 ft.) when zone abuts a Residential Zone
-
also refer to general provision 4.22 i)
Maximum building height ...................................................... 12 m (39.3 ft.)
Maximum Lot Coverage ......................................................................... 80%
Inclusive of Subsection 4.28
9.3
Additional Requirements
1. No parking space shall be located within 3 m (9.8 ft.) of any window of a
residential use.
Section 9. General Commercial Professional (C1P) Zone
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Town of Perth Zoning By-law 5276
156
2. An additional dwelling shall be located on the second storey of a building
provided the unit complies with the Building Code and has a separate
access to the street level.
3. Accessory Buildings and structures are subject to the provisions of Table
1 - Zone Regulations for Accessory Uses
4. Landscaped Open Space
The provisions of Subsection 4.24 shall apply to any Commercial use in a
C1P Zone that abuts a Residential Zone.
9.4
Exception Zones
9.4.1
C1P-1 General Commercial Professional Special Zone
1. C1P uses Permitted
2. C1P Zone regulations apply except:
-
no min. lot area
-
no min. lot frontage
-
min. yards:
-
front and rear - 6 m (19.7 ft.);
-
interior side - 0.6 m (1.9 ft.);
-
exterior side - 4 m (13.1 ft.)
-
max. building height: 12.2 m (40 ft.)
-
max. lot coverage: 30%
-
max. landscaped open space: 50%
-
max. lot area for parking: 20%
-
landscaped exterior side yard 10.7 m (35.1 ft.) wide subject to
encroachments by existing porches, stairs, and sidewalks
-
parking area limited to rear of building the land between the
building and North Street but not to encroach on landscaped open
space
9.4.2
C1P-2 General Commercial Professional Exception Two Zone
-
C1P uses Permitted
-
C1P Regulations apply except:
-
no min. lot area
-
no min. lot frontage
-
min. yards:
-
front and rear - 6 m (19.7 ft.);
-
interior side - 0.6 m (1.9 ft.);
-
exterior side - 4 m (13.1 ft.)
-
max. building height: 12 m (39.3 ft.)
-
max. lot coverage: 40%
-
max. landscaped open space: 40%
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157
-
max. parking area: 20%
-
Existing setback applies to side yard abutting residential zone
provided yard is landscaped with plantings and a fence to provide a
visual screen
-
encroachments of existing porches, stairs and sidewalks permitted
into landscaped area
-
Accessory garage shall be permitted to encroach into a rear yard
provided a minimum rear yard of 0.5 m (1.6 ft.) is maintained.
9.4.3
C1P-3 General Commercial Professional Exception Zone
-
C1P standards apply except:
-
-no min. lot area or lot frontage
-
-min. yards: front 2.25 m (7.38 ft.); rear 22.5 m (73.8 ft.); interior side
2.1 m (6.8 ft.)
-
-max. building height: existing or 12 m (39.3 ft.)
-
-max. lot coverage and parking area 25% each
-
-max. landscaped open space 50%
-
visual screen required for interior side yard abutting residential zone
9.4.4
C1P-4 General Commercial Professional Exception Four Zone
In addition to the uses permitted under subsection 9.1, in the C1P4 Zone a
radio or broadcast studio and a financial consulting service are permitted.
a) Notwithstanding any provision of subsection 9.1 to the contrary, in the
C1P4 Zone the following requirements shall apply:
i.
Minimum lot area
232 m2 (2,500 ft.2);
ii.
Minimum rear yard
3 m
(9.8 ft.);
iii.
Minimum interior side yard
3 m
(9.8 ft.);
iv.
Minimum exterior side yard
3 m
(9.8 ft.);
v.
Minimum landscaping width
1.2 m (4 ft.) for a commercial
use, with a privacy fence not less than 2.1 m (7 ft.) high;
vi.
Wilson Street shall be the front lot line.
vii.
there shall be no parking requirement for the portion of the building
floor space occupied by a radio or broadcast studio.
viii.
Council hereby authorizes up to two off-site parking spaces located
within 60 m of the subject property where the owner of a business on
site provides a copy of a written undertaking from the owner of the
parking spaces confirming reserved use of the spaces and
confirming that the Town will be notified within one week of any
change in the parking arrangement. In the absence of such off-site
parking, if the use on-site requires more than four parking spaces
the owner shall make a cash-in lieu of parking payment to the Town.
(See original By-law for holding provisions.)
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9.4.5 C1P-5 General Commercial Professional Exception Five Zone
(68 North
Street, 91 Peter Street)
a) In addition to the uses permitted under subsection 9.1, in the C1P 5
Zone a parking area with a maximum of 9 vehicles for an off-site
business located within 100 m of the property is permitted provided no
other commercial use or home based business is operating on the
property.
b) The parking area for an off-site commercial use shall only serve one off
site business until such time as the abutting properties may be zoned
for commercial use.
c) The maximum number of parking spaces on site shall be 11 and the
maximum lot coverage for a parking area, lanes and driveways shall
be 60%.
d) Notwithstanding any provision of subsections 4.24, 4.33 or 9.2 to the
contrary, in the C1P 5 Zone the following requirements shall apply:
i.
Minimum landscaping width for a commercial use or parking
area with a solid board privacy fence not less than 2.1 m (7 ft.)
high 1m (3.3 ft.) along the westerly side lot line and 0.3 m (1 ft.)
along the easterly side lot line
ii.
In lieu of a commercial entrance with an ingress lane and an
egress lane, a one way through traffic lane with the entrance on
Peter Street and the exit on North Street shall be permitted.
(See original By-law for holding provisions.)
9.4.6
C1P-6 General Commercial Professional Exception Six Zone
a) In addition to the uses permitted under subsection 9.1, in the C1P 6
Zone a bake shop and accessory retail use with a maximum floor area
of 35 m2 is permitted.
b) Notwithstanding any provision of By-law 3358 to the contrary, in the C1P-
6 Zone the following requirements shall apply:
i.
Establishing or adding of one or more non-residential uses with a
gross floor area between 35 m2 and 70 m2 shall only be permitted
if three parking spaces are created on site;
ii.
Establishing or adding non-residential uses with a gross floor area
exceeding 70 m2 shall only be permitted if on-site parking consistent
with the requirements of subsections 4.33 and 4.34 or equivalent
parking off site or cash-in-lieu is approved by Council;
iii.
Minimum front yard nil for the first two stories to a maximum
building height of 7.5 m (25 ft.) and 3 m (9.8 ft.) for each full or
partial story exceeding a height of 7.5 m (25 ft.);
iv.
Minimum side yard nil for the first two stories to a maximum
building height of 7.5 m (25 ft.) and 1.5 m (5 ft.) for each full or
partial story exceeding a height of 7.5 m (25 ft.);
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v.
Maximum Lot Coverage 45%;
vi.
Minimum landscaped buffer for parking area with four vehicles may
be reduced to 1 m adjacent parking spaces and nil abutting the
driveway where the parking area is developed with a permeable
surface and a solid wood opaque screening fence a minimum of 1.8
m (6 ft) in height is established along any lot line where the
abutting lot is in a residential zone category.
9.4.7 C1P-7 General Commercial Professional Exception Seven Zone
a) Notwithstanding any provision of subsection 4.24 to the contrary, an
existing driveway may be used for commercial purposes provided any
parking spaces accessed by the driveway are fully screened from an
abutting residential property by either an opaque solid wood privacy
fence a minimum of 1.8 m in height or screening evergreen vegetation of
comparable height; however no such screen shall extend closer than 6 m
to the front lot line.
b) Notwithstanding any provision of subsections 4.33, 4.34, 9.1, 9.2 to the contrary,
the following provisions shall apply in the C1P-8 Zone:
i.
Any entrance from the lot line abutting Tysick Avenue shall be
limited to entry and parking for a single residential dwelling unit
and shall not connect to any driveway or parking linked to South
Street.
ii.
signage for a a permitted commercial use shall comply with the
following:
- one promotional sign for an on-site business
- minimum setback from South Street 4.5 m
- maximum area of sign 1.14 m2 (12 ft2)
- internally lit or back lit signage shall be prohibited.
9.4.8 C1P-8 General Commercial Professional Exception Eight Zone (8 Gore
Street West)
1. C1P Uses Permitted
2. C1P Zone regulations apply except:
-
Residential One Density (R1)
-
Minimum lot area per dwelling unit for Single Detached Dwelling to
be 200 m2
-
Minimum Lot Frontage dwelling unit for Single Detached Dwelling
to be 9m
-
Minimum Front and Interior Side Yards n/a
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No person shall use any land or erect, alter or use any building or structure in the
Highway Commercial (C2) Zone except in accordance with the following provisions.
10.1
Permitted Uses
-
Accessory Use, building or structure
-
Animal Hospital
-
Audio/Visual Studio
-
Automotive Sales Establishment
-
Auto Service Station
-
Automobile Washing Establishment
-
Bakery
-
Bank (in a shopping centre)
-
Bingo Hall
-
Business, Professional and/or Administrative Office (Existing, accessory to
another permitted use or in a shopping centre)
-
Building Supply Store or Depot
-
Bulk Fuel Depot (Existing uses only)
-
Car Rental Agency
-
Card Lock Facility
-
Catering Establishment
-
Clinic (in a shopping centre)
-
Commercial or Boarding Kennel
-
Commercial Greenhouse, Nursery or Garden Centre
-
Commercial Parking Lot
-
Contractor's Yard
-
Custom Workshop
-
Entertainment Establishment excluding an Arcade or video Arcade
-
Factory Outlet
-
Farm Implement Sales and Service
-
Farm Produce Stand
-
Flea Market
-
Funeral Home
-
Furniture and Home Supply Store
-
Gas Bar
-
Hotel
-
Industrial Use (Existing uses only)
-
Laundromat (in a shopping centre)
-
Mail-order Facility
-
Microbrewery
-
Min Warehouse and Public Storage
Section 10. Highway Commercial (C2) Zone
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-
Miniature Golf Course
-
Motel
-
Park
-
Parking Area
-
Private Club
-
Public Use or Public Service Facility
-
Recreational Commercial Establishment
-
Recreational Vehicle Sales, Storage, Service and Repair
-
Restaurant - all defined types
-
Retail Store
-
Shopping Centre
-
Tavern or Road House
-
Terminals including public transit terminals
-
Video rental outlet (in a shopping centre)
-
Warehouse
-
Wellness Centre (in a shopping centre)
-
Wholesale Establishment
10.2
Zone Requirements
Minimum Lot Area
929 sq. m (10,000 ft2) (By-law 3467)
Minimum lot frontage
15 m (49.2 ft.)
Minimum Yards:
- Front Yard
12 m (39.3 ft.)
- Rear Yard
7.5 m (24.6 ft.) or 15 m (49.2 ft.)
when zone abuts a Residential Zone
- Interior Side Yard
3 m (9.84 ft.) or 6 m (19.7 ft.)
when zone abuts a Residential Zone
- Exterior Side Yard
9 m (29.5 ft.)
- Also refer to general provision 4.24.Landscaped Open Space, Planting
Strips and Visual Buffer Strip
Maximum building height
9 m (29.5 ft.)
Maximum Lot Coverage
40%
Minimum landscaped open space
15% with a minimum of 10% vegetated
landscaping
Maximum gross leasable floor area for new buildings or building expansions
for retail stores, factory outlet stores, business offices or a shopping centre
shall be 828 sq. m (8,912.8 sq. ft.) but in any case this provision shall not apply
to those lands lying south westerly of the intersection of Dufferin Street and
Wilson Street comprised of Parts 1 to 3, Plan 27R-4486 and commonly known
as the Perth Mews Mall.
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Minimum floor area for a catering establishment, entertainment
establishment, recreational commercial establishment, retail store, factory
outlet store or a business or professional office, which is not located within a
shopping centre 465 m2 (5,000 ft.2) per individual premises.
10.3
Additional Requirements
1. Where any lot used for a commercial use abuts a lot on which the principal
use is a residential use, outside storage is prohibited in those yards on the
commercial use lot which abuts the residential use lot unless the outside
display is completely hidden by an opaque screen or buffer.
2. No parking space shall be located within 3 m (9.8 ft.) of any window of a
residential use.
3. Motels and Hotels
Where the exterior wall of a guest room contains a habitable room
window, such wall shall be located not closer than 7.5 m (24.6 ft.) from any
interior side or rear lot line.
4. Landscaped Open Space
The provisions of Subsection 4.24 Landscaped Open Space, Planting Strips
and Visual Buffer Strip shall apply to any Commercial use in a C2 Zone that
abuts a Residential Zone.
5. Setbacks on Provincial Highway 7
Notwithstanding any other provision of this By-law to the contrary, the
minimum setback for any new building construction from center-line of
the right-of-way for Highway 7 (Dufferin St.) shall be 32 m (105 ft.) or the
setback required for a construction permit from the Ministry of
Transportation, or any subsequent road authority, whichever is greater.
6. Shopping Centre Requirements
a) A new shopping centre is permitted only on a lot meeting
the minimum lot area requirements of this Zone.
b) The maximum gross leasable floor area of a shopping centre
shall be 9,000 m2 (96,878.3 ft.2)
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10.4
Exception Zones
10.4.1 C2-1 Special Service Highway Commercial Exception One
- no new building within a flood plain or within an area subject to
flood regulation without a permit from the Rideau Valley
Conservation Authority
- no min. lot area
- min. lot frontage: 15.2 m (49.8 ft.)
- min. yards: front - 12.2 m (40 ft.); rear - 7.6 m (24.9 ft.) interior side -
6 m (19.7 ft.)
- max. building height: 10.6 m (34.7 ft.)
10.4.2 C2-2 Highway Commercial Exception Two
- no street frontage required and
- min. setback requirement for hydro substation of 1.2 m (3.93 ft.)
10.4.3 C2-3 Highway Commercial Exception Three
- Permitted Uses include single-detached dwelling and accessory
uses.
- C2 zone requirements apply to commercial uses
- R1 requirements apply to single-detached dwelling
- no further reduction of undersized yards permitted
10.4.4 C2-4 Highway Commercial Exception Four
- Permitted Uses include a convenience store
- max. gross floor area:
180 m2 (1,937.5 ft.2)
- min. side yard:
0.67 m (2.19 ft.)
- min. gas pump setback from street-lines
3.6 m (11.8 ft.)
- min. setback for sign from Gore Street street-lines: 1.04 m (3.4 ft.)
and 0.82 m (2.69 ft.) from other lot lines for existing signs or sign
by-law setback for new signs
- min. landscaped open space: 2 m (6.56 ft.) along north side lot line
abutting residence - not applicable if lots merge in ownership.
-
required fence or vegetative buffer/visual screen: 1.8 m (5.9 ft.)
height along north side lot line
-
maintain existing vegetative buffer along rear lot line
10.4.5 C2-5 Highway Commercial Exception Five
- max. gross floor area: 6,350 m2 (68,353 ft.2)
- min. width landscaped open space buffer: 3 m (9.8 ft.) along the lot
line abutting 116A Drummond Street
- min. parking spaces: 248 provided the gross floor area for retail
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store use does not exceed 3,880 m2 (41,765 ft.2), of which a
minimum floor area of 300m2 (3,229 ft.2) shall be for indoor
garden centre use,
- the total number of garage service bays does not exceed 10 and the
outdoor garden centre does not exceed 560 m2 (6,028 ft.2)
10.4.6 C2-6 Highway Commercial Exception Six
Permitted Uses
- C2 uses
- Personal Service Establishment
-
Cinema
-
Convenience Store
Regulations:
- -max. gross leasable floor area of supermarket use 3,460 m2
(37,244.3 ft.2)
-
min. lot frontage: 140 m
-
min. front yard: 7.5m (24.6 ft.)
-
max. height 10.5 m (34.4 ft.)
-
max. barrier free parking space: 12 spaces
10.4.7 C2-7 Highway Commercial Exception Seven
-
min. rear yard: 3.96 m (12.99 ft.)
-
min. width of landscaped buffer along west lot line: 4.5 m (14.76 ft.):
10.4.8 C2-8 (former C2-9) Highway Commercial Exception Eight
a) Notwithstanding the definition of "front lot line", on land zoned C2-9 the
lot line abutting Drummond Street W. shall be the front lot line
b) Notwithstanding any provision to the contrary, the following
requirements shall apply:
i.
Minimum rear yard or setback from the rear lot line for all buildings
and structures, inclusive of accessory buildings and first floor
projections, except as provided for in the seventh row of the Table
7 in subsection 4.35
6 m
ii.
Minimum exterior side yard
4.5 m
iii. Minimum interior side yard inclusive of accessory buildings 3 m
iv. Maximum accessory building height
5 m
v. Maximum total gross leasable floor area for all buildings partially
or fully occupied by a retail use
4,645 sq. m
vi. Maximum building height shall be 6.5 m at the minimum interior
side yard and it shall increase by 1 m for each 1 m increase in the
interior side yard but no building shall exceed a height of 9.2 m
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vii. Maximum lot coverage for outdoor display areas, outdoor garden
centre or accessory outdoor commercial storage area, or any
combination thereof 50%
viii. Notwithstanding clause b) ii) above, a minimum exterior side yard
of 3 m shall apply for a building extension or an accessory
structure 4.5 m or less in height where such building extension or
accessory structure is constructed solely of support and framing
members and enclosed only with trellis type construction elements;
or for a temporary, seasonal structure, which is removed during a
contiguous period extending from November 1st in one year until
May 1st in the following year.
c) Notwithstanding clauses b) ii) and b) iv) above, if future development
results in the northerly interior side lot line becoming an exterior side
lot line, the minimum setback for an accessory building, which is
functioning as a visual buffer strip, shall be 3 m.
d) Notwithstanding any provision to the contrary, on land zoned C2-8,
within 50 metres of the northwesterly corner of the lot, one building
may have a reduced front yard of 6 m provided that in any plane
parallel to the front lot line between the reduced setback and the
standard minimum front yard of 12 m the maximum width of the
building in the plane does not exceed 10 m.
e) Notwithstanding any provision of this By-law to the contrary, a maximum
of 40 percent of the front yard may be occupied by one accessory
outdoor storage area and a maximum of 50 percent of the front yard
may be occupied for all accessory outdoor storage, outdoor garden
centre or outdoor display uses combined.
f)
An accessory outdoor storage area, except for a public road entrance,
shall be visually screened from any portion of a public road allowance
within 20 metres of the accessory outdoor storage area or any adjacent
residential use as per the landscaping provisions herein.
g) Notwithstanding any provision to the contrary, the northwesterly corner of
the lot shall be considered a sight triangle and shall be subject to the
provisions of subsection 4.40. This provision shall not apply if the
northerly side lot line does not abut a road allowance upon the
registration of a plan of subdivision on the abutting lands
h) Notwithstanding any provision to the contrary, on land zoned C2-8
landscaped open space buffer areas shall be provided in accordance
with the following:
a landscaped open space buffer between an accessory outdoor
commercial storage area and a front lot line shall have a minimum
width of 4.5 m and, exclusive of entrance sight triangles, shall
consist of any combination of berms, fencing, ground cover and
vegetation to provide a visual barrier 1.8 m in height and a visual
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screen to a height of 4.5 m at plant maturity.
ii.
where an accessory outdoor commercial storage area is adjacent
to a side lot line, a landscaped open space buffer 3 m in width
shall be maintained and shall consist of a combination of ground
cover, a mix of evergreen and deciduous trees and shrubs which, in
combination with either an opaque wooden privacy fence a
minimum of 1.8 m in height or a building, shall provide a visual
barrier, at plant maturity, to a height of 4.5m. Where a building is
used as part of the visual barrier, then sufficient trees and shrubs
shall be planted such that, at maturity, up to 30 % of any 6m section
of the building will be visually screened along its entire length.
iii. a landscaped open space area with a minimum width of 1.5 m
shall be maintained along the rear property line and shall consist of
existing or new vegetation, which at maturity will provide a 50%
visual screen to a minimum height of 1.8 m.
iv. For the purpose of the C2-8 Zone, an accessory outdoor
commercial storage area shall mean part of a lot comprised of a
contiguous outdoor area, which is enclosed by a building, fence, or
berm, or any combination thereof, which is used for the purpose of
storing building construction products and merchandise and other
products, supplies, goods, wares, or merchandise in bulk for the
purpose of their sale from the principal retail, wholesale or building
supply operations on site.
i)
For the purpose of the C2-8 Zone an outdoor product display area shall
mean part of a lot comprised of a clearly delineated outdoor area, which
is used for exhibiting completely assembled products, goods or
merchandise for the purpose of marketing and selling such products,
goods or merchandise from a business operating on the lot.
j)
For the purpose of the C2-8 Zone, an outdoor garden centre shall mean
part of a lot comprised of a contiguous outdoor area with clearly
delineated boundaries, which is used for the display and sale of lawn and
garden equipment, outdoor furnishings, gardening tools, supplies and
materials, plants and gardening accessories.
k) Notwithstanding any provision of By-law 3358, to the contrary, on land
zoned C2-8 no product, goods, wares, merchandise, materials, garbage
or waste shall be placed outdoors accept in an outdoor storage area,
outdoor product display area, outdoor garden centre, loading area or
enclosed waste storage area.)
10.4.9 C2-9 (former C2-11) Highway Commercial Exception Ten Zone
a) in the C2-9 Zone the following uses are not permitted:
-
Auto Service Station;
-
Auto Body Shop;
-
Full service Bank or Bank branch;
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-
Bulk Fuel Depot;
-
Card Lock Facility;
-
Contractor's Yard;
-
Farm Implement Sales and Service;
-
Funeral Home;
-
Mini Warehouse and Public Storage;
-
Personal Service Establishment;
-
Recreational Vehicle Sales, Service and Repair; or a
-
Warehouse other than a warehouse accessory to another
permitted use.
b) In addition to the uses permitted i a Service Commercial Establishment,
all defined restaurants, a financial services establishment, a personal
service use accessory to another permitted use, and a drive through
service are permitted.
c) For the purposes of the C2-9 Zone the following definitions, terms and
interpretations shall apply:
i.
"Articulated Wall Design" text moved to definitions section
ii.
"Bicycle Parking Space" text moved to definitions section
iii. "Drive Through Service" text moved to definitions section
iv. Financial Services Establishment" shall mean a business not
directly affiliated with a chartered bank or trust company that offers
financial advisory services, various forms of credit, and/or
investment and savings services, or mortgage brokerage services.
v. "Gross Leasable Floor Area (GLFA)" for the purpose of the C2-9
Zone shall mean the Floor Area, Gross designated for the exclusive
use and occupancy of an owner or tenant or used as a single
premises, and includes any basement, mezzanine or upper floor
areas, as expressed in square metres and measured from the
centre lines of partition walls between premises and/or the exterior
face of outside walls, but shall exclude:
-
Any utility room occupied by mechanical, electrical, heating,
cooling or similar equipment that serves the building;
-
publicly accessible space not used for the sale or display of
merchandise including washrooms, balconies, hallways,
stairways, elevator shafts, landings and similar void spaces;
-
offices or rooms used for building management or custodial
purposes;
-
staff locker rooms and lunch rooms;
-
enclosed parking or loading areas;
-
storage areas that are accessory to a principal use to a
maximum of 10% of the floor area of the principal use.
(see Maximum gross leasable floor area, article 10.4.11 para c)
vi. below)
vi. Gross Leasable Floor Area - retail grocery-for the purpose of the
C2-9 Zone, any floor area used for, or dedicated to, food
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preparation activities including: baking, cooking, or the preparation
and assembly of sandwiches, food trays and platters or gift baskets
(but not the display areas for such items) shall be excluded from the
calculation of the gross leasable floor area for a retail grocery store
but shall be included in the calculation of the maximum gross
leasable floor area permitted for all other uses.
vii. Landscaping Definitions:
-
"Enhanced Landscaped Area (ELA)" - means a vegetated
landscaped area, a minimum of 4.5 m (14.7 ft) in width that
includes:
1. a berm, opaque wood fence, or wall, or any combination
thereof, a minimum of 2 m (6.6 ft) in height;
2. tree plantings which, together with the preceding feature, will
provide a visual screen at plant maturity to a minimum height
of:
a. 4.5 m (14.7 ft.) when the ELA is adjacent to an
outdoor storage area /use, a commercial vehicle
parking and loading area or is screening a building
that is up to 8 m (26.25 ft.) in height; or
b. 7.5 m (24.6 ft) when the ELA is screening a building,
or a portion of a building, exceeding a height of 8 m
(26.25 ft).
An enhanced landscaped area may be interrupted by a
driveway or pedestrian walkway extending across the width
(narrow axis) of the ELA.
-
"Hard Surfaced Landscape Area" text moved to definitions
section
-
"Vegetated Landscaped Area" text moved to definitions section
viii. "Maximum Gross Leasable Floor Area" shall mean the maximum
total of the gross leasable floor area for all buildings within the
C2-9 Zone.
ix. "Parking Facility" means an area designed or intended to provide a
total of 250 parking spaces or more either as a single parking
area or as a cluster of two or more adjacent parking areas that are
not more than 8 m (26 ft) apart and the perimeter of which is
established by a property boundary, a building, or the curb or side
of the travelled surface of a driveway or lane.
x. "Permanent Outdoor Storage and Display Area" shall mean any
area of outdoor space accessory to a permitted use, that is
enclosed with a building, fence, or berm, or any combination
thereof, and may be partially covered or enclosed, which is used on
a year-round basis for the bulk storage and display of building
construction products and merchandise and other products,
supplies, goods, wares, or equipment for the purpose of their sale
by the principal retail, wholesale, building supply or garden centre
business.
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d) Notwithstanding any requirement to the contrary, in the C2-9 zone the
following requirements shall apply:
i.
The lot line abutting Dufferin St. (Hwy 7) shall be the front lot line.
ii.
The northerly limit of the C2-9 Zone running parallel to Dufferin
Street shall be considered the rear lot line.
iii. Notwithstanding any other minimum yard or building setback, lot
coverage, maximum gross leasable floor area requirement,
parking, loading or landscaping provision in Section 4 or Section 10
to the contrary, the requirements provided for in Table C2-9 (see
Figure 1.1) attached hereto and forming part of this By law shall
apply in the C2-9 Zone.
iv. Notwithstanding the minimum exterior side yard, or the minimum
rear yard setback, where the municipality takes or requires a road
widening the minimum setback shall be reduced to 6 m (19.6 ft.) or,
where a building exists, the setback created by the road widening,
whichever is less.
v. Notwithstanding any minimum yard or setback requirement of the
C2-9 Zone to the contrary, no portion of any building shall extend:
-
within 6 m (19.6 ft) of a street intersection or the intersection of
an entrance with a street; or
-
within 2 m (6.6 ft) of a required site triangle; whichever setback is
greater.
e) Notwithstanding any other provision to the contrary, for the purpose of
applying all provisions and requirements of the C2-9 Zone all lands
within the zone boundary shall be considered as one lot regardless
that the lands and/or buildings may be legally divided and registered
as multiple, separate ownerships.
f)
for the purpose of applying all provisions and requirements of the C2-9
Zone Municipally owned land abutting a property boundary shall be
considered to be a public street and the Zone boundary shall be
considered a street line regardless of whether a public street has
been established by By-law prior to the C2-9 Zone coming into effect.
g) in the C2-9 Zone a seasonal garden centre may occupy part of a
required on-site parking area but shall not exceed a maximum area of
1,115 m2 (12,000 ft2).
where additional lot area is permanently committed as vegetated
landscaped open space in excess of the minimum 20% landscaped
open space required, the maximum gross leasable floor area
permitted, including floor area occupied by retail uses, shall be
increased by 75 m2 (807 ft2) for each 25 m2 (269 ft2) of additional
vegetated landscaped open space that includes the planting of one
tree. The maximum increase permitted shall be 465 m2 (5,000 ft2) of
glfa or an increase of 557.4 m2 (6,000 ft2) in the gross floor area;
whichever is greater.
h) Notwithstanding any provision to the contrary, and except where the
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side of a parking facility in the C2-9 Zone abuts a lot in another
commercial or industrial zone category, a parking facility shall include
the following landscaped open space elements:
i.
Landscaped Open Space areas shall be provided on the perimeter
or any side of the parking facility, or portion thereof, more than 12 m
(39.4 ft.) from the front wall of a building (the wall encompassing
the primary public access/entry) and shall have the following design
features:
-
a minimum width of 4 m (12 ft)
-
a 2 m (6.6 ft.) wide sidewalk throughout its length
-
the balance of the landscaped open space shall be comprised
of vegetated landscaped area with trees having an average of 6
m (19.6 ft.) spacing between trunk centers.
The perimeter landscaped open space areas may be
interrupted only with driveways or access lanes to the parking
areas.
A vegetated landscaped open space area abutting a public
street and meeting the provisions of Table C2-9 Item 15 c)
(Figure 1.1) shall be equivalent to a required landscaped side. A
treed, vegetated landscaped area a minimum of 3 m (9.8 ft.) wide
and abutting a property boundary other than a street line shall
also be considered to address the perimeter landscaped area
required under this Subsection.
ii.
a landscaped open space area 4 m (12 ft.) wide including the
same design elements as article 12.4.11. para i) clause i. above,
shall be located between the parking areas in a parking facility.
The landscaped open space area may be used for snow storage
and may be interrupted with one access or connecting lane for
vehicles for each 50 m (164 ft.) segment, or part thereof, in the
length of the landscaped area.
iii. where the vegetated component of the perimeter landscaped open
space areas are widened by 0.5 m, (i.e. a total width of 4.5 m) the
landscaped area provided for under article 12.4.11 para i) clause ii.
above may be narrowed to 3 m (9.8 ft.).
iv. Where vegetated landscaped area exceeding the 15% minimum is
provided and alternate locations for the trees required under clause
ii are established through a site plan agreement, Council may alter
the landscaped area required under clause ii above to remove the
requirement for trees, reduce the width and permit the sidewalk to
be replaced with an at grade pedestrian walkway and may
Alteration the width of any perimeter landscaped area.
i)
Notwithstanding any provision to the contrary, no accessory sign
shall be permitted in a minimum landscaped open space area
abutting a street other than directional signage, a maximum of four
ground signs, and a maximum of one pylon sign. The one pylon sign
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shall be located in a front yard or exterior side yard within 20 m (65.6
ft.) of a public street entrance; or within 30 m (98.4 ft) of the front lot line
and shall not be placed on a building. All signage shall comply with the
Sign and Merchandise Display By-law 3257.
j)
The following Holding Provisions shall be applied to the C2-9 Highway
Commercial Exception Eleven Zone to address various conditions and
issues that need to be addressed before some forms of development or
some expansion of development will be permitted. These holding
provisions are as follows: C2-9-h,-h1, -h2, -h3. The issues to be
addressed under each holding provision applied are as follows:
i.
The effect of the holding (-h) provision shall be to prohibit any
commercial use or occupancy of the subject lands, other than uses
existing as of the day By-law 3358 was passed, or a retail use of
less than 828 m2 (8,912.8 ft2) located within 177 m (580.7 ft.) of
Dufferin Street until a site plan process has been completed to the
satisfaction of the Town of Perth to ensure adequate parking,
entrance, buffering, screening landscaping, storm water
management, servicing and utility design and traffic management;
the submission of a lighting plan that will ensure low level, cut off
and directional lighting is used and there is no light spillage off-site;
a noise impact report identifying anticipated noise sources with
recommendations for limiting noise impacts on adjacent areas
intended for residential use; a development agreement has been
completed to the satisfaction of the Town of Perth and the Ministry
of Transportation pertaining to off-site servicing improvements; any
permits required from the Ministry of Transportation have been
obtained.
ii.
The effect of the (-h1) holding provision shall be to prohibit a
restaurant, an automobile washing establishment or a
laundromat until a report prepared by a qualified engineer
evaluating the potential sanitary treatment demand and sanitary
sewage collection demand prepared by a qualified engineer has
been submitted to and accepted by the Town of Perth and any
conditions of the report or recommendations by municipal staff have
been implemented under a site plan agreement and/or another
formal agreement acceptable to the Town of Perth.
iii. The effect of the-h2 holding provision shall be to limit development
to the maximum gross leasable floor area and maximum Floor
Area, Gross specified in table C2-9 (Figure 1.1). Upon removal of
this holding provision, the maximum gross leasable floor area will
increase to 15,050 m2 (162,000 ft2) and the maximum gross floor
area will increase to 18,060 m2 (194,400 ft2). The ( h2) holding
provision may be removed upon the following conditions being met:
-
The date of construction for additional development is after the
first day of January 2016.
-
The owner demonstrates to the satisfaction of the Town of Perth
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that the commercial floor space occupancy rate in the downtown,
being the lands designated Central Area District in the Official
Plan, is not less than 90% and was not less than 90 % in the
same month one year prior to the request to remove the -h2
provision.
-
No vacant commercial floor space outside the C2-9 zone,
existing at the time this by-law is passed has been, redeveloped
or occupied for retail use with a gross leasable floor space of
464.5 m2 (5,000 ft2) or more and the Town has no active
building or planning applications providing for such
development.
-
No commercial building existing outside the C2-9 zone at the
time this by law is passed has been expanded by 464.5 m2
(5,000 ft2) or more for retail use and the Town has no active
planning applications providing for such development.
-
Other than land within the C2-9 Zone, no land that is vacant at
the time this by-law is passed has been developed for retail use
with a gross floor space in excess of 464.5 m2 (5,000 ft2) and
the Town has no active planning applications providing for such
development.
-
The owner submits a report by a qualified economic consultant
which confirms to the satisfaction of the Council of the Town of
Perth that the economic growth, population growth, employment
rate, income levels, sales per square foot, and market recapture
predicted to occur by 2016 in the Kircher Research Associates
(KRA) report dated February 2007 and addendum report dated
May 2008 have been achieved.
-
Article 12.4.11. Para k) clause iii) 1. and 3. through 5. above do
not apply where the report provided for in Article 12.4.11. Para k)
clause iii) 6. demonstrates to the satisfaction of the Council of
the Town of Perth that the specified growth and performance
indicators from the KRA report have been exceeded to the extent
that additional development may be accommodated
notwithstanding that one or more of the developments referred
to in Article 12.4.11. Para k) clause iii) 4. and 5. have taken
place.
iv. The effect of the -h3 holding provision shall be to limit
development within the C2-9 Zone to a maximum gross leasable
floor area of 15,050 m2 (162,000 ft2) and a maximum gross floor
area of 18,060 m2 (194,400 ft2) Upon removal of the -h3 holding
provision, the maximum gross leasable floor area will increase to
15,979 m2 (172,000 ft2) and the maximum gross floor area will
increase to 19,175 m2 (206,400 ft2). The (-h3) holding provision
may be removed upon the following conditions being met:
-
The date of construction for additional development is after:
1. the first day of January 2021; or
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2. at least 75% of the maximum gross floor area permitted in
the C2-9 Zone upon removal of "-h2" holding provision has
been completed for a minimum of 36 months; whichever of
these conditions establishes the longest period after removal
of the "-h2" provision.
-
The owner demonstrates to the satisfaction of the Town of Perth
that the commercial floor space occupancy rate in the downtown,
being the lands designated Central Area District in the Official
Plan, is not less than 90% and was not less than 90 % in the
same month one year prior to the request to remove the -h3
provision.
-
No vacant commercial floor space, existing at the time the " h2"
holding provision was removed has been redeveloped or
reoccupied for a single retail development with a floor space in
excess of 464.5 m2 (5,000 ft2) within the past 36 months and the
Town has no active building or planning applications providing for
such development.
-
No commercial building existing at the time the "-h2" holding
provision was removed has been expanded by 464.5 m2 (5,000
ft2) or more for retail use within the past 36 months and the Town
has no active planning applications providing for such
development.
-
Other than land within the C2-9 Zone, no property that was
vacant at the time "-h2" holding provision was removed has been
developed for retail use with a floor space in excess of 464.5 m2
(5,000 ft2) within the past 36 months and the Town has no active
planning applications providing for such development.
-
The owner submits a report by a qualified economic
consultant/market analyst, which confirms to the satisfaction of
the Town of Perth that the economic growth, population growth,
employment rate, income levels, sales per square foot, and
market recapture predicted to occur by 2020 in the KRA report
and supplementary report dated February 2007 and May 2008
have been achieved or exceeded.
-
Article 12.4.11. Para k) clause iv) 1. and 3. through 5. above do
not apply where the report provided for in Article 12.4.11. Para k)
clause iv) 6. demonstrates to the satisfaction of the Council of
the Town of Perth that the specified growth and performance
indicators from the KRA report have been exceeded such that
additional development may be accommodated notwithstanding
that one or more of the developments referred to in Article
12.4.11. Para k) clause iv) 3. 4. and 5. have taken place.
v. In the event that the - h2 and/or the - h3 holding provision have not
been removed as of January 1st, 2023, then the conditions
applicable to Article 12.4.11. Para k) clauses iii) and iv) above shall
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be deemed to have been met and the - h2 and - h3 holding
provisions shall cease to apply:
-
On January 1st, 2025; or
-
24 months after development on site exceeds a gross leasable
floor area of 12,727 m2 (137,000 ft2);
whichever is later; and at that time development may proceed to
the maximum gross leasable floor area and the maximum
gross floor area permitted pursuant to Article 12.4.11. Para k)
clause iv)"
k) Table C-2-9(Figure 1.1) attached hereto is hereby incorporated into and
forms part of this bylaw. For the purposes of this By-law, in the case of
any inconsistencies or conflicts between the text of the By-law and the
table attached hereto as Table C2-9, the terms of the text shall govern
l)
Articulated Wall Design
Shall mean any main wall, on a building used for commercial, multi-residential
or mixed-use purposes, which faces a street and includes the following features:
-
a change in setback from the street of at least 1 m (3.3 ft.) for
each 15.25 m (50 ft.) or less of wall length; and
-
for any wall exceeding 36.5m (120 ft.) in length, a change in
either wall cladding materials or the colour of the cladding shall
be required for a minimum of one third of the wall surface.
10.4.10 C2-10 (former C2-12) Highway Commercial Exception Eleven
Notwithstanding the permitted uses, an auto repair garage and a truck
terminal shall be additional permitted uses on lands zoned C2-10.
10.4.11 C2-11 (former C2-13) - Highway Commercial Exception Twelve
Permitted Uses:
- Highway Commercial (C2) Permitted Uses
- Residential units on the main floor and upper floors of a mixed-use
building shall apply
Regulations:
- Parking shall be permitted in the required front yard facing to Elliott
Street
- Required Front Yard Setback on Elliott Street
6.1 m
- Required Exterior Side Yard Setback on Wilson Street
6.1 m
- Required Rear Yard Setback on Welland Street
6.45 m
- Maximum Permitted Height
20.73 m
- Required Planting Strip on the East Side abutting the Residential
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Uses
0.3 m
- Required Planting Strip abutting a road allowance
0.0 m
- Parking - minimum required parking spaces:
i) For residential spaces
81 spaces
ii) For visitors
10 spaces
iii) For commercial spaces
11 spaces
- A holding provision shall be applied to the Highway Commercial
Exception Thirteen (C2-11) Zone. This holding provision is C2-11-h.
The effect of the holding (-h) provision shall be to prohibit any
development or occupancy of the subject lands, other than uses
existing as of the day By-law No. 3358 was passed, until a site plan
process has been completed to the satisfaction of the Town of Perth,
and until such until such time as the existing lots have been legally
merged into one parcel that is no longer separately conveyable.
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No person shall use any land or erect, alter or use any building or structure in the
Neighbourhood Commercial (C3) Zone except in accordance with the following
provisions.
11.1
Permitted Uses
-
Accessory Use, building or structure
-
Additional Residential Unit
-
Convenience Store or Confectionary Store
-
Institutional Use
-
Public Use or Public Service Facility
-
Personal Service Use
-
Professional Offices or Clinic
-
Uses at the same scale and with the same requirements as a home based
business but independent of a residence
-
Residential up to two units
-
Wellness Centre
11.2
Zone Requirements
Minimum lot area .................................................................. 450 m2 (4,843.9 ft.2)
Minimum lot frontage .................................................................... 15 m (49.2 ft.)
Minimum Yards:
- Front Yard
7.5 m (24.6 ft.)
- Rear Yard
7.5 m (24.6 ft.) or
10.6 m (34.7 ft.) when zone
abuts a Residential Zone
- Interior Side Yard
3 m (9.84 ft.) or
6 m (19.7 ft.) when zone abuts
a Residential Zone
- Exterior Side Yard
6 m (19.7 ft.)
Maximum floor area of Commercial Use .............................. 180 m2 (1,937.5 ft.2)
Maximum building height ............................................................ 7.5 m (24.6 ft.)
Maximum Lot Coverage ............................................................................. 35%
11.3
Additional Requirements
a) Where any lot used for a commercial use abuts a lot on which the principal
use is a residential use, outside storage is prohibited in those yards on the
commercial use lot which abuts the residential use lot unless the outside
Section 11. Neighbourhood Commercial (C3) Zone
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storage is completely hidden by an opaque visual screen or buffer.
b) No parking space shall be located within 3 m (9.8 ft.) of any window of a
residential use.
c) An additional dwelling unit may be located on the 1st or 2nd storey
of a building provided the unit complies with the Building Code and
has a separate access to the street level.
d) Landscaped Open Space -shall apply to any Commercial use in a C3
Zone that abuts a Residential Zone.
11.4
Exception Zones
11.4.1 C3-1 Neighbourhood Commercial Exception One
The only permitted use shall be a Clinic
11.4.2 C3-2 Neighbourhood Commercial Exception Two
-
Setbacks shall be as per locate survey attached to By-law 3240
-
commercial use limited to existing 108 m2 (1162.5 ft.2) on main floor
-
required parking: 9 spaces; - 2 accessed from Drummond Street East
reserved for customers and 7 accessed from Craig Street reserved for
commercial and residential tenants
11.4.3 C3-3 Neighbourhood Commercial Exception Three Zone
a) the only permitted uses shall be a clinic, an institutional use, a public
use or public service facility and additional dwellings.
i.
Maximum floor area for Commercial Use
510 m2 (5,490 ft.2)
ii.
Minimum westerly interior side yard
3 m (9.8 ft.)
iii. Maximum building height
8 m (26.2 ft.)
iv. Maximum number of dwelling units
4
11.4.4
C3-4 Neighbourhood Commercial Exception Four Zone
a) dwelling units are permitted as a principal use of the property subject to
the following:
i. Maximum number of dwelling units
3
ii. Maximum number of dwellings with three or more bedrooms
2
iii. Maximum number of dwelling units when a commercial use is on site
1
iv. Parking for dwelling units with two bedrooms or less1 space per unit
b) a computer retail and repair services store shall be a permitted use in
addition to all of the permitted uses
c) Off-street parking spaces located in the front yard between the building
and the street line of 205 Gore Street East shall be line painted to clearly
demarcate each parking space. The dimensions for demarcating parking
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spaces shall be as set out for a standard parking space.
d) The maximum gross leasable floor area for any permitted commercial use
shall be 140 m2 (1,507 ft.2).
13.4.5 C3-5 Neighbourhood Commercial Exception Five Zone
a) a single-detached dwelling and the home based business uses are
permitted in the C3-5 Zone.
b) Any permitted business or non-residential use shall occur within a wholly
enclosed building and the provisions of articles 4.18 Regulations for
Home Based Businesses and 4.18 Employees, Hours and Parking for
Home Based Businesses apply to uses in the C3-5 Zone except that the
maximum number of employees, in addition to the owner, shall be two.
c) Other than repair work, there shall be no new exterior openings to the
existing building located within 3 m of the rear lot line with respect to the
walls facing the rear or northerly side lot line.
d) The existing building, located within 3 m of the rear lot line, was an
accessory building and compliant with the rear yard requirement of Bylaw
3358 prior to the passage of this amendment. Upon this by-law coming into
effect and the building being occupied for business purposes it will become
a legal non-complying principal building. Notwithstanding Subsection
4.32, the building shall not be modified in any dimension and, except
where the building is damaged or destroyed by fire or other calamity
beyond the control of the owner, if the building is Demolished by the
owner, any replacement building shall comply with the minimum rear yard
requirement of the C3 Zone.
e) Notwithstanding any provision to the contrary, the driveway and parking
area in the C3-5 zone will be buffered from an abutting residential use by
a screening fence, providing a minimum of 90% visual buffering from 10
cm above grade to 1.8 m above grade and extending along the side lot
line starting 7m from the front lot line and extending to a point 15 m from
the front lot line.
f)
Notwithstanding any provision to the contrary, in the C3-5 zone a detached
dwelling with one bedroom shall only require one parking space.
13.4.6 C3-6 Neighbourhood Commercial Exception Six Zone
Despite any provision to the contrary, a pharmaceutical dispensary, a retail
store and a restaurant are permitted in the C3-6 Zone and the following
zone requirements shall apply.
a) Maximum number of retail stores excluding a dispensary 2.
b) Maximum number of restaurants
1.
c) Maximum floor area for a restaurant 233 m2 (2,500 ft.2)
d) Maximum floor area per commercial premises other than a medical Clinic
200 m2 (2,150 ft.2)
e) Maximum total gross leasable floor area for commercial use 1,115 m2
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(12,000 ft.2).
f)
The front lot line shall be Gore Street (Rideau Ferry Road).
g) For any portion of the front yard that is not part of a required sight triangle
the minimum front yard for a building with a height of 7.5 m or less shall
be 3 m.
h) For any portion of the exterior side yard that is not part of a required sight
triangle the minimum front yard for a building with a height of 7.5 m or
less shall be 3 m.
i)
A building constructed with a front yard or exterior side yard of 3m shall
not exceed two-stories.
j)
Maximum number of apartment dwelling units 35
k) No setback will be required between single storey buildings or structures
used as a pedestrian or service delivery link between main buildings,
accessory buildings or the boundary with the R4-25 Zone provided such
buildings or structures do not exceed a maximum width (extending
between the outer limit of exterior walls) of 6.5 m
l)
Compliance with the minimum parking requirement shall be determined
based on the total number of parking spaces in the R4-25 Zone and the
C3-6 Zone.
m) No more than one entrance, comprised of ingress and egress lanes, shall
be permitted in the C3-6 Zone.
No change in use of the property shall be permitted until the holding provision is
removed. The holding provision shall only be removed once a site plan and
connections to municipal services are ensured pursuant to an agreement.
13.4.7 C3-7 Neighbourhood Commercial Exception Seven Zone
Despite anything to the contrary in this By-law, the following provisions apply to
the lands subject to the Neighbourhood Commercial Special Exception - 7 (C3-
7):
a)
Fitness Centre be added as a use.
b)
Fitness Centre be defined as a premise in which facilities are provided
for recreational or health related activities including but not limited to
weight training and exercise classes and may include associated
facilities and services such as a lounge, washrooms, showers and
saunas, a day spa, an administrative office, a cafe or snack bar and
an accessory retail outlet for fitness related attire, equipment and
dietary supplements.
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No person shall use any land or erect, alter or use any building or structure in the
Service Commercial (C4) Zone except in accordance with the following provisions.
12.1
Permitted Uses
-
A catering establishment
-
A Mini Warehouse / Rental Storage Facility
-
A Printing or Publishing Establishment
-
A Veterinary Clinic with no outdoor facilities for animals
-
The sale and service of non-pharmaceutical medical, or dental supplies
-
and equipment
-
The sale and service of office furniture and equipment
-
Uses accessory to one of the above permitted uses
-
No permitted use shall include the repair of motor vehicles or combustion
-
engines or the exterior venting of paint or solvent fumes
12.2
Zone Requirements
Minimum lot area 2000 m2 (21,528.5 ft.2)
Minimum lot frontage 30 m (98.4 ft.)
Minimum Yards: also refer to general provision 4.24 i
- Front Yard
7.5 m (24.6 ft.)
- Rear Yard
10 m (32.8 ft.)
- Interior or Side Yard
3 m (9.84 ft.)
- Side Yard abutting Residential Zone 6 m (19.7 ft.)
- Exterior Side Yard
7.5 m (80.7 ft.)
Minimum landscaped open space 25%
Maximum Lot Coverage
20% Refer to Subsection 4.1.1(i)
and also see Subsection 4.28
Maximum building height
7.5 m
Maximum number of Stories
2
Maximum number of parking spaces
15
Maximum number of uses/premises
2
Outdoor storage and display of goods or products
None
No parking space shall be located within the Front Yard or within 3 metres of
a Dwelling Unit on another lot.
Notwithstanding any provision of subsection 4.35 to the contrary, the largest
contiguous storage area shall be subject to the same parking requirement as a
warehouse.
12.3
Exception Zones
Section 12. Service Commercial (C4) Zone
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No person shall use any land or erect, alter or use any building or structure in the
Business Park (C5) Zone except in accordance with the following provisions:
13.1
Permitted Uses
-
Animal Shelter (limited to lands fronting on County Road 511)
-
Artist, artisans or crafts studios and associated or ancillary retail outlets
-
Audio/Visual Studio
-
Bakery and / or Bake Shop
-
Business, Professional and/or Administrative Office
-
Café or Snack Bar
-
Clinic
-
Custom Workshop
-
Dry Cleaning Establishment
-
Factory Outlet
-
Industrial Uses, Class One only
-
Laundromat
-
Microbrewery
-
Personal Service Establishment
-
Place of Assembly
-
Public Service use
-
Private Club
-
Recreational Commercial Establishment
-
Restaurant
-
Retail Store, including a Convenience Store or Confectionary Store
-
Service Commercial Uses, including: a Catering Establishment, a mini
warehouse/ personal storage facility, a printing or publishing establishment,
the sale and service of non-pharmaceutical medical, or dental supplies and
equipment, the sale and service of office furniture and equipment.
-
Sound, music, photography and / or video studio
-
Taxi Stand
-
Video rental outlet
-
Warehousing
13.2
Zone Requirements
Minimum lot area
2000 m2 (21,528.5 ft.2)
Minimum lot frontage
30 m (98.4 ft.)
Minimum Yards: also refer to general provision 4.22 i)
- Front Yard
7.5 m (24.6 ft.)
- Rear Yard
10 m (32.8 ft.)
Section 13. Business Park (C5) Zone
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- Interior or Side Yard
3 m (9.84 ft.)
- Yard abutting Residential use or Zone 6 m (19.7 ft.) plus one metre for
each story over two with a minimum set back of 10m from an existing
dwelling
-
Exterior Side Yard
7.5m (24.6 ft.)
-
Minimum Landscaped Open Space 15%
Maximum Lot Coverage
40%
Maximum Building Height
15 m (49.2 ft.)
Outdoor Storage of goods or products
None
13.3
Additional Requirements
a) The maximum total floor area for all factory outlet and retail stores,
which are not accessory to or associated with another permitted use for
the purpose of selling the goods of the associated use, shall be 828 m2
(8,912.8 ft.2).
b) The Maximum number of restaurants shall be one per each 4,000 m2
(43,056 ft.2) of floor area in the C5 Zone.
c) The Maximum total floor area for all business or professional offices, which
are not accessory to or associated with another permitted use, shall be
828 m2 (8,912.8 ft.2).
d) For the purpose of the C5 Zone a café or snack bar shall mean an
establishment or an accessory use to another permitted use where food
and / or beverages are prepared for sale to the public, which generally
provides either a convenience food menu or a limited specialty menu; has a
maximum floor area of 20 m2 (215 ft.2), exclusive of patron seating,
maximum seating for 10 patrons; and shares a common washroom with
another use or with public use space. A café or snack bar shall not be a
restaurant.
e) The maximum number of café or snack bar uses shall be 2 for every 4,000
m2 (43,056 ft.2) in a building, or 1 for every 1,000 m2 (10,764 ft.2) net floor
space for other permitted uses excluding a restaurant or any residential
use, whichever is greater.
f)
A retail store or suite that is not accessory to or associated with another
permitted use in a building shall have a floor area of less than 65m2 or
greater than 186m2.
g) Public service and public assembly uses, may include offices of a public
service agency, health and recreational services and facilities, private
clubs, youth and cultural services and training services other than an
elementary school, day care center, a shelter providing overnight occupancy or an
emergency service use.
h) Where a site is zoned for a mixed-use development and permits any
sensitive land use, then no use requiring or involving the bulk storage,
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processing, or high-volume use in production, of toxic, highly flammable or
hazardous materials or gasses stored under pressure shall be permitted in
the same building.
i)
Where a site is zoned for mixed-use development, sensitive and non-
sensitive uses shall not share a common hallway, and shall not share a
common wall except where suites have a firewall separation and are
environmentally separate with respect to ventilation.
j)
Where residential uses are permitted by site specific amendment to the by-
law, then, except for home offices or suites designed for "live-work"
purposes, residential uses / units and non-residential / units shall not have
their principal exits on a common hallway. Residential uses shall be
separated from other uses by the creation of an exclusive access / exit to
the exterior of the building limited to residential use or by installation of
fire and security doors to create an exclusive residential uses area.
13.4
Exception Zones
13.4.1C5-1 Business Park Exception One Zone
On land within the C5-1 Zone one accessory apartment unit, for occupancy
by a building manager or custodian is permitted provided the apartment unit
does not exceed a floor area of 80 m2 (861 ft.2) and all other uses and
provisions of the C5 Zone shall apply.
a) Work live units are permitted in the C5-1 Zone and for the purposes of this
zone. There shall be one primary exit serving the work-live unit and
access to the exclusive residential use space shall be through the
business use space. The needs of business occupancies will take
precedence over the quiet enjoyment expectations of the residential, in
that there may be some evident, noise, odours or other impacts, as well as
employees, walk in trade or sales.
b) Permitted uses in a Work-Live unit will include:
Home Based Business permitted uses per article 4.18 Scope of
Permitted Home Based Businesses excluding daycares and taxi services
and Business Park Permitted Uses excluding restaurants, video rental,
place of assembly, private clubs, recreational commercial
establishment and Industrial Uses.
All uses will be subject to provisions of home based business articles
4.18.2 and 4.18.3 and no hazardous wastes or storage of toxic, volatile or
highly inflammable substances is permitted.
c) Work-live units shall be subject to the following requirements:
i.
Minimum unit size: 83.6 m2 (900 ft.2)
ii.
Maximum unit size: 200 m2 (2,150 ft.2)
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iii. Percentage Floor space use in Work/live units:
-
50% commercial (min),
-
35% dedicated residential use space (max) or 56 m2 (600 ft2)
whichever is less with a maximum of two bedrooms, except that
the existing unit on the third floor (#302) may have up to 57.6
m2 (620 ft2) of residential use space;
-
15% mixed-use space (max) or 18.6 m2 (200 ft.2) whichever is
less;
iv. Minimum dedicated residential floor space: - 29 m2 (312 ft.2)
v. Work-live units shall be located entirely within 20 m (66 ft.) of the
exterior side lot line abutting Sherbrooke Street to maintain an
adequate separation from the railway and may occupy up to 50% of the
leasable floor space of the building within this maximum setback to a
maximum of 12 units.
vi. Parking:
-
dedicated residential use space one (1) space
-
business use one (1) space plus one space for a business
floor area exceeding 46.5 m2 (500 ft.2) plus one space for
each employee.
vii. Maximum Number of Employees: two (2).
viii. The dedicated residential use area shall include all sleeping, cooking
and bathroom spaces and must be physically and visually separated
from the business floor space.
ix. Only one work-live unit or accessory apartment shall be permitted on
the main floor and shall occupy no more than 20% of the leasable floor
area and the work-live unit will be subject to all preceding requirements.
x. Dedicated business floor area shall be determined or demonstrated by
a change in floor covering and/or an evident barrier and the presence of
equipment or furniture clearly designed and intended for the exclusive
use of the permitted business/commercial occupancy.
13.4.2 C5-2 Business Park Exception Two Zone
Despite any provision to the contrary, on land zoned C5-2 a maximum floor
area of 2,325 m2 (25,027 ft.2) shall be permitted for business, professional
or administrative offices. All other provisions of the C5 zone shall apply.
13.4.3 C5-3 Business Park Exception Three Zone
Despite any provision of this By-law to the contrary, on land within the C5-3
Zone, one accessory one-bedroom apartment unit, for occupancy by a person
employed by the building owner as a building manager or custodian, may be
permitted provided the apartment does not exceed a floor area of 62.5 sq. m
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(672 sq. ft.) and one additional parking space is allocated for exclusive use of
the occupant.
13.4.4 C5-4 Business Park Exception Four Zone (Formerly M1-1)
Permitted Uses
-
C5 uses excluding a restaurant, other than a Café or Snack Bar
-
Dwelling Unit
i.
no further reduction of non-complying yards permitted
ii.
Residential R1 and R4zone requirements apply to exclusive residential uses
iii.
the maximum number of residential Dwelling Units on all lots subject to
the C5-4 Zone shall be 5 with 3 Dwelling Units permitted on lands
municipally known as 8 and 10 Herriott Street and 2 Dwelling Units
permitted on the lands municipally known as 18 Sherbrooke Street.
iv.
1 parking space per 32.5 m2 (349.8 ft.2) of non-residential floor space
v.
1.2m (3.93 ft.) landscaped Buffer Strip applies to any border of a
parking area abutting a residential use
vi.
vehicular Access across Crown Land prohibited except for the existing
legal right-of-way
vii.
min. interior side yard for accessory building
0.3 m (.98 ft.)
viii.
no building openings below 133.39 m (437.6 ft.) flood elevation.
ix.
new Development shall require a storm-water management plan.
x.
Vehicular and pedestrian Access to be above flood elevation
xi.
Lands in the C5-4 Zone are subject to Rideau Valley Conservation
Authority (RVCA) regulation and all new Development shall require a
permit from the Authority
xii.
A new residential use shall only be permitted when a contiguous safe
Access route above the regulatory flood elevation for pedestrians and
emergency vehicles is demonstrated to the satisfaction of the RVCA.
13.4.5 C5-5 Business Park Exception Five Zone (Formerly M2-1 Zone)
-
min. lot area: 1,393.5 m2 (15,000 ft.2)
-
min. lot frontage: 22.9 m (75.1 ft.)
-
min. Front Yard: 7.6 m (24.9 ft.);
-
min. Exterior Side Yard: 7.6 m (24.9 ft.)
-
min. interior side yard: 4.6 m (15 ft.)
-
min. rear yard: 12.2 m (40 ft.);
-
max. lot coverage: 65%
-
min. Landscaped Open Space: 10%
13.4.6 C5-6 Business Park Exception Six Zone
Permitted Uses
- C5 permitted uses: Motor Vehicle Towing Service
Town of Perth By-law 5276
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13.4.7 C5-7 Business Park Exception Six Zone
Despite anything to the contrary in this By-law, the following provisions apply to the
lands subject to this Exception:
i. There will be 3,944 square metres of business and professional health office
space.
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No person shall use any land or erect, alter or use any building or structure in the
Restricted Industrial (M1) Zone except in accordance with the following provisions.
14.1
Permitted Uses
-
Accessory use, building or structure
-
Accessory commercial use or service outlet
-
Class I Industry Use, including a bakery
-
Mini Warehouse
-
Warehouse
-
Cannabis production and processing
-
Cannabis processing facility
14.2
Zone Requirements
Minimum lot area
930 m2 (10,010 ft.2)
Minimum lot frontage
23 m (75 ft.)
Minimum Yards:
- Front Yard
7.5 m (24.6 ft.) or 12 m (39.3 ft.) where zone abuts
a Residential Zone
- Rear Yard
6 m (19.7 ft.) or 12 m (39.3 ft.) where zone abuts
a Residential Zone
-
Interior Side Yard 3 m (9.84 ft.) one side, 6 m (19.7 ft.) other side or 12
m (39.3 ft.) where zone abuts a Residential Zone
- Exterior Side Yard
6 m (19.7 ft.) or 9 m (29.5 ft.) where a
residential zone is located within 20 m (65.6 ft.) see article 4.27.2
-
also refer to general provision 4.22
Maximum building height 12 m (39.3 ft.)
Maximum Lot Coverage
50%
Minimum landscaped open space
10%
14.3
Additional Requirements
a) Where any lot used for an Industrial Use abuts a lot on which the principal
use is a residential use, outside storage is prohibited in those yards on the
Industrial Use lot which abuts the residential use lot unless the outside
storage is completely hidden by an opaque visual screen or buffer.
b) No parking space shall be located within 3 m (9.8 ft.) of any window of a
residential use.
c) Landscaped Open Space
The provisions of Subsection 4.24 shall apply to any Industrial Use in a M1
Zone that abuts a Residential Zone.
Section 14. Restricted Industrial (M1) Zone
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d) Accessory buildings and structures are subject to the provisions of Table 1
e) Minimum Distance Separation
The provisions of Subsection 4.27 shall apply to any Industrial Use in a M1
Zone that abuts a Residential Zone or a sensitive land use.
f) Notwithstanding the Minimum lot area in subsection 16.2 above, the Minimum
lot area for an interior unit in an industrial building divided vertically into
separate Condominium units shall be 372 m2 (4,000 ft.2) where access to
the unit is by a common private road or laneway connecting to a public road
entrance.
g) Notwithstanding any provision of subsection 16.2 to the contrary, the minimum
side yard of 3 m shall increase by a ratio of 0.5m of side yard to 1 m of height
for each metre or portion thereof, of building height over 8 m and the
minimum side yard of 3 m shall increase by 0.5 m for each 464.5 m2 of
building floor area, or portion thereof over 1,858 m2 but in any case the
minimum side yard required shall not exceed 6 m.
h) Notwithstanding any provision of subsection 16.2 or this subsection to the
contrary, the minimum side yard requirement shall not apply to the common
wall or party wall of a unit in an industrial building divided vertically to create
separate units in a Condominium where access to the unit is by a common
private road or laneway connecting to a public road entrance.
i) Notwithstanding any provisions of subsection 16.2 or this subsection to the
contrary, the Maximum Lot Coverage for an interior unit in an industrial
building divided vertically into separate Condominium units shall be 60%
provided the overall Maximum Lot Coverage for all buildings within the
Condominium is 50%.
14.4
Exception Zones
14.4.1 M1-1 (former M1-2) Restricted Industrial Limited Commercial Exception
One
Permitted Uses
-
Professional and Business Offices
-
Personal Service Uses
-
financial establishment excluding bank & trust company
-
private service clubs
-
retail stores excluding a convenience store
-
Light Industrial or service commercial establishment
-
Regulations no further reduction of non-complying yards
-
max. floor area for individual or any combination of permitted uses
other than a light industry or service commercial use: 178.4 m2 (1,920.3
ft.2)
-
storm water management plan required before any new structural
development
-
no buildings below 133.39 m (437.6 ft.) flood elevation.
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-
Vehicular and pedestrian access to be above flood elevation
14.4.2 M1-2 (former M1-3) Special Restricted Industrial Exception Two Zone
-
the min. interior side yard shall be 30.5 m (100 ft.)
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No person shall use any land or erect, alter or use any building or structure in the
General Industrial (M2) Zone except in accordance with the following provisions.
15.1
Permitted Uses
-
Accessory Use, building or structure
-
Accessory commercial use or service outlet
-
Animal Shelter, Commercial Kennel
-
Auto Body Shop
-
Auto Repair Garage
-
Brewery, Distillery or Winery
-
Bulk Fuel Depot
-
Class I Industry
-
Class II Industry
-
Class III Industry
-
Commercial Garage
-
Custom Workshop
-
Commercial or Boarding Kennel
-
Metal working and woodworking
-
Transportation Depot or Truck Terminal
-
Transfer Station or Depot
-
Warehouse
-
Welding Shop
-
Cannabis production and processing
-
Cannabis processing facility
15.2
Zone Requirements
Minimum Lot Area
2,000 m2 (21,527 ft.2)
Minimum lot frontage
26 m (85 ft.)
Minimum Yards:
- Front Yard
7.5 m (24.6 ft.)
- Rear Yard
7.5 m (24.6 ft.) abutting another industrial zone and
12 m (39.3 ft.) abutting any other zone.
- Interior Side Yard
4.5 m (15 ft.) one side,
6m (19.6 ft.) other side - See also See also 15.3 e)
- Exterior Side Yard
7.5m (24.6 ft) - See also 15.3f)
- Also refer to general provision 4.24 i
Maximum Building Height 24 m (78.7 ft.)
Section 15. General Industrial (M2) Zone
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Maximum Lot Coverage
65%
Minimum Landscaped Open Space
10%
15.3
Additional Requirements
a) Where any lot used for an Industrial Use abuts a lot on which the principal
use is a residential use, outside storage is prohibited in those yards on the
Industrial Use lot which abuts the residential use lot unless the outside
storage is completely hidden by an opaque visual screen or landscaped
Buffer Strip.
b) No parking space shall be located within 3 m (9.84 ft.) of any window of a
residential use.
c) Landscaped Open Space
The provisions of Subsection 4.24 shall apply to any Industrial Use in a M1
Zone that abuts a Residential Zone.
d) Accessory buildings and structures are subject to the provisions of Table
1 - Zone Regulations for Accessory Uses
e) Minimum Distance Separation
The provisions of Subsection 4.30 shall apply to any Industrial Use in a M2
Zone that abuts a Residential Zone or a sensitive land use.
f)
The minimum side yard of 4.5 m shall increase by a ratio of 0.5 m of side
yard to 2 m of height for each 2 metres, or portion thereof, of Building
Height over 11 m and the minimum side yard of 4.5 m shall increase by
0.5 m for each 464.5 m2 of building Floor Area, or portion thereof over
3,716 m2 but in any case the minimum side yard required shall not exceed
8 m.
g) No outdoor storage shall be permitted within 70 m of a residential use or in
an Exterior Side Yard abutting a residential zone or where a residential use
or zone is located on the opposite side of an abutting street
15.4
Exception Zones
15.4.1 M2-1 (former M2-2) General Industrial Exception One
(M2 Uses
Permitted including Bulk Fuel Depot
M2 requirements apply except:
- min. lot area: 12,688 m2 (136,577 ft.2)
- min. lot frontage: 122 m (400 ft.)
- min. yards: front 10 m (32.8 ft.), rear and interior side 15 m (49.2 ft.)
- max. Building Height 10 m (32.8 ft.)
- max. lot coverage: 57%
- min. Landscaped Open Space: 10%
Town of Perth By-law 5276
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No person shall use any land or erect, alter or use any building or structure in the
Waste Management Facility (WMF) Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
16.1
Permitted Uses
-
Waste Management Facility
-
Recycling Depot or Transfer Station
-
Municipal Composting facility
16.2
Zone Requirements
Minimum Yard Requirements
-
All Yards
30.0m (98.4 ft.)
16.3
Additional Requirements
a) Minimum Distance Separation
The provisions of Section 4.30 shall apply to any Waste Management
Facility in a WMF Zone that abuts a Residential Zone or a sensitive land
use.
b) All waste management facilities shall comply with the applicable provisions
of the Environmental Protection Act.
Section 16. Waste Management Facility (WMF) Zone
Town of Perth By-law 5276
Page 202 of 214
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No person shall use any land or erect, alter or use any building or structure in the
Institutional (I) Zone except in accordance with the following provisions.
17.1
Permitted Uses
-
Accessory use, building or structure
-
Crisis Care Facility
-
Child Care Centre
-
Hospital
-
Institutional Use
-
Continuum-of-Care Facility
-
Museum
-
Place of Assembly
-
Place of Worship
-
Public Use or Public Service Facility
-
School (public or private)
-
Senior's Home or Residence
-
Senior's Non-residential care Facility
17.2
Zone Requirements
Minimum Lot Area
n/a
Minimum Yard Requirements
- Front Yard 6 m (19.7 ft.)
- Rear Yard 9 m (29.5 ft.)
- Interior Side Yard 4.5 m (14.7 ft.)
-
Exterior Side Yard
7.5 m (24.6 ft.)
Maximum height
10.6 m (34.7 ft.)
Maximum Lot Coverage 30%
17.3
Additional Requirements
Accessory buildings and structures are subject to the provisions of Table 1.
17.4
Exception Zones
17.4.1 I-1 Institutional Exception One Zone
Permitted Uses
a) I Zone uses
b) business office
c) law and legal office
d) professional service
e) Clinic
Section 17. Institutional (I) Zone
Town of Perth By-law 5276
Page 203 of 214
Town of Perth Zoning By-law 5276
194
f) financial office excluding Bank or trust company
Institutional standards apply for provisions
17.4.2 I-2 (former I-3) Institutional Exception Two
-
Notwithstanding any provision of subsection 17.1 to the contrary, land
zoned I-3 may also be used for a Clinic or a Business, Professional
and/or Administrative Office
17.4.3 I-3 (former I-5) Institutional Exception Four Zone
a) Notwithstanding the uses permitted under subsection 17.1, land in the I-4
Zone may only be used for one or more of the following: a Place of
Assembly or Place of Worship; a dental or medical Clinic, a
physiotherapy Clinic, a medical supply outlet, a Business, Professional
and/or Administrative Office; a Personal Service Establishment.
b) Notwithstanding the uses permitted under subsection 17.1, or any other
provision of this By-law to the contrary, no dwelling, no residential
occupancy, and no childcare centre, school, Nursing Home, or a Long-
Term Care Facility or any use with overnight accommodations shall be
permitted in the I-4 Zone.
c) Notwithstanding the uses permitted under subsection 17.1, or permitted
under any other provision of this By-law, no building with a Basement or
cellar may be Erect or Constructed in the I-4 Zone.
d) Notwithstanding any provision of subsection 17.2 to the contrary, in the I-
4 Zone the following requirements shall apply:
i.
Minimum rear yard
90 m. (295 ft.);
ii.
Maximum lot coverage
650 m2
(6,996.5 ft.2)
iii. No exterior opening to habitable building space shall be located
below an elevation of 133.14 m.
17.4.5 I-4 (former I-6) Institutional Exception Five Zone
a) land in the I-5 Zone may only be used for one or more of the following: a
Place of Assembly or Place of Worship; a dental or medical Clinic, a
physiotherapy Clinic, a medical supply outlet, a Business, Professional
and/or Administrative Office; a Personal Service Establishment.
b) Notwithstanding the uses permitted under subsection 17.1, or any other
provision of this By-law to the contrary, no dwelling, no residential
occupancy, and no day nursery, school, Nursing Home, or a Long-Term
Care Facility or any use with overnight accommodations shall be permitted
in the I-5 Zone.
c) Notwithstanding any provision of subsection 17.2 to the contrary, in the I-
5 Zone the following requirements shall apply:
i.
Minimum Front Yard 9 m
(29.5 ft.)
ii.
Minimum rear yard
30 m. (98 ft.);
iii. Minimum interior side yard
30 m. (98 ft.)
iv. Minimum setback from south-easterly lot corner 70 m (230 ft.)
Town of Perth By-law 5276
Page 204 of 214
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17.4.6 I-5 (former I-7) Institutional Exception Six Zone
In addition to the uses permitted in the Institutional zone, a Single-detached or
an accessory apartment unit are permitted but conversion to a Single-
detached requires creation of a parking space on the property.
Town of Perth By-law 5276
Page 205 of 214
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No person shall use any land or erect, alter or use any building or structure in the
Open Space (OS) Zone except in accordance with the following provisions.
18.1
Permitted Uses
-
Cemetery
-
Conservation Use
-
Golf course
-
Natural areas for passive recreational activities
-
Marine Facility
-
Public or private park or playground, beach, picnic area, botanical
gardens, zoological gardens, bathing stations, bandstands, fire tower
-
Recreational facilities such as a sports field, tennis courts, skateboard or
roller blade facility
-
Recreational trails for cyclists, jogging, cross-country skiing, snowmobiling,
walking, hiking, recreational vehicle park on lands owned by the
municipality whether operated or not by the municipality
-
Accessory Uses, buildings or structures to the foregoing permitted uses
including an eating establishment, a retail sales outlet
18.2
Zone Requirements
Minimum Lot Area
No minimum
Minimum lot frontage
No Minimum
Minimum Yard for buildings
15 m (49.2 ft.)
Minimum Setback of any buildings from the High Water Mark 30 m (98.4 ft.)
Maximum Lot Coverage
30%
18.3
Additional Requirements
Accessory buildings and structures are subject to the provisions of Table 1
18.4
Exception Zones
18.4.1 OS-1 - Open Space Exception One Zone
Permitted Uses: Fairgrounds
a) OS standards apply except:
-
min. setback from any lot line abutting a residential zone: 15.25 m
(50 ft.)
-
maintain Existing setbacks for abutting non-residential uses
-
max. lot coverage 50%
18.4.2 OS-2 Open Space Exception Two Zone
Permitted Uses:
-
Fairgrounds
Section 18. Open Space (OS) Zone
Town of Perth By-law 5276
Page 206 of 214
Town of Perth Zoning By-law 5276
197
-
Health Care offices or administrative facilities within an Existing
building
-
an additional dwelling
-
residential uses permitted in the R1 Zone
-
Landscaped Open Space
-
parking area for a public Hospital, health care offices or admin
facilities
Regulations
a) OS standards apply except:
-
min. yards: Existing yards were abutting residential area
-
no building enlargements for Existing buildings
-
min. yard between perimeter fencing of heliport and residential zone:
29 m (95.1 ft.)
-
min. landscaped (visual) open space screen: 2.1 m (6.8 ft.)
-
R1 standards apply but no reduction of non-complying yards
-
min. width Landscaped Open Space: 4.6 m (15 ft.)
Town of Perth By-law 5276
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No person shall use any land or erect, alter or use any building or structure in the
Environmental Protection (EP) Zone except in accordance with the following provisions.
19.1
Permitted Uses
-
Conservation Uses
-
Low impact buildings or marine structures such as a gazebo, wharf or
dock, boat slip, garden or storage shed or utility corridor
-
Public or private park
-
Wildlife or natural heritage features
-
Passive recreational uses including conservation and educational activities
such as an interpretation kiosk, boardwalk, viewing structure or passive
recreational trails.
19.2
Zone Requirements
Lot area, Frontage and yard requirements shall be those Existing on the date
of the passing of this By-law.
19.3 Additional Requirements
a) No buildings or structures are permitted other than those required for
flood or erosion control, bank stabilization, watercourse protection or which
are public or private works which must be located in the zone by nature of
their use and are constructed in accordance with accepted scientific and
engineering practices. In particular, no use, building or structure which
involves the storage of hazardous or toxic materials e.g. ignitable, corrosive,
reactive, radioactive or pathological materials and sewage facilities, nor any
Institutional Use shall be permitted to be constructed, enlarged or
expanded in a Flood Plain.
b) No removal or addition of landfill or any kind, whether originating on site or
elsewhere, shall be permitted without the written approval or authority of the
Rideau Valley Conservation Authority or the public authority having
jurisdiction.
c) The provisions of this zone shall not apply to prevent the strengthening or
restoration to a safe condition of any building or structure of Alteration or
repair of an Existing building or structure provided such Alteration or
repair will not increase the height, size, or volume or change the use of
such building or structure.
d) Land zoned Environmental Protection (EP) may be used in the calculation
of the minimum lot area or Frontage requirements for another zone on that
lot where property under one ownership is zoned only partially as
Environmental Protection (EP).
e) Development with 120 m (393.7 ft.) of a provincially significant wetland
shall be subject to an Impact Assessment prior to the approval of such
Development.
Section 19. Environmental Protection (EP) Zone
Town of Perth By-law 5276
Page 208 of 214
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19.4
Exception Zones
19.4.1 EP-1 Environmental Protection Exception One Zone
EP Zone uses:
- Group Housing consisting of one two (2) unit residential dwelling
- one eighteen (18) unit apartment building
- Accessory units
EP requirements apply except:
- min. lot area: 0.5 ha (1.2 ac.);
- no min. lot frontage;
- min. yards: front: 6 m (19.7 ft.) or the Existing Front Yard for an
Existing dwelling; rear or side: 3 m (9.84 ft.)
- max. Building Height: 12 m (39.3 ft.)
- max. lot coverage: 20%
- min. Landscaped Open Space 50%
- max. Density: 20 units
- min. ground floor elevation: 135 m (442.ft.) contour elevation
- Minimum Setback from the High Water Mark:30 m (98.4 ft.)
- Pedestrian and vehicular Access to be located above a contour
elevation of 134.75 m (442 ft.) and shall be in a direct, continuous and
unobstructed manner to a public street
- maintain shoreline in natural state
- min. width of Landscaped Open Space buffer: 4.5 m (14.7 ft.) along
border of parking area unless visually screened
- Encroachments below the 134.75 m (442 ft.) contour elevation in the
form of parking areas, ground level patios or pedestrian walkways
permitted provided Existing lot grades are maintained.
19.4.2 EP-2 Environmental Protection Exception Two Zone
EP Zone uses
- pavilion or market gallery style building
EP requirements apply except:
- no min. lot area
- no min. lot frontage
- no min. yard requirements
- max. Building Height: 6 m (19.7 ft.)
- max. lot coverage 50%
- max. Landscaped Open Space 50%
- structures and buildings to be flood proofed
- storm water management applies
19.4.3 EP-3 Environmental Protection Exception Three Zone
In addition to the uses permitted in Subsection 19.1, and notwithstanding article
4.32.2 paragraph d) pertaining to Front Yard parking in the R4 Zone, a parking
Town of Perth By-law 5276
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200
area accessory to an apartment dwelling in the R4-5 Zone is permitted in the
EP-3 Zone provided it is not located within 30 (98.4 ft.) of the shoreline of the
Tay River and a maximum of 20 parking spaces are located in the rear yard
19.4.4 EP-4 Environmental Protection Exception Four Zone (Vacant lot Harris
Street to Isabella Street along Railway corridor)
Notwithstanding subsection 19.1, the EP-4 Zone is intended to provide a safety
buffer abutting a railway corridor and the only permitted uses are
Conservation Uses and the protection of existing tree cover and wildlife
habitat.
Town of Perth By-law 5276
Page 210 of 214
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201
No person shall use any land or erect, alter or use any building or structure in the
Flood Plain (FP) Zone except in accordance with the following provisions.
20.1
Permitted Uses
a) Regardless of the uses permitted in any zone, and subject to the
approval of the Rideau Valley Conservation Authority or other public
authority having jurisdiction, new buildings or uses within the flood
plain shall comply with the following:
i.
Permitted Uses
- buildings or structures Intended for Flood or Erosion Control
or Slope Stabilization
- All buildings and structures in Existence on the Day of the
Passing of this By-law
- Conservation Uses excluding new buildings or partially
enclosed structures
- Parks inclusive of low impact buildings or structures
- Hydro-electric generating facilities or a utility corridor
- A Marine Facility
- Low impact buildings or structures such as a gazebo, garden
or storage shed that do not connect to municipal water and
sanitary systems or a utility corridor (See also 4.1.1 i))
- Infrastructure incidental to a water supply or wastewater
treatment facility such as a water intake or sewer outfall but not
including the main building of a water filtration plant or
wastewater treatment facility
ii.
Prohibited or Restricted Uses
- Any building or structure which involves the storage,
manufacture, treatment or disposal of hazardous
substances or toxic materials, including but not limited to
ignitable, corrosive, reactive, radioactive or pathological
materials and sewage facilities
- Any Institutional Use, or the expansion or enlargement of an
existing use including: hospitals, pre-schools, school
nurseries, retirement home, day cares, a continuum-of-care
facility, long-term care homes and a school.
- any essential emergency service such as those provided by fire,
police and ambulance stations and electrical substations
Section 20. Flood Plain (FP) Zone
Town of Perth By-law 5276
Page 211 of 214
Town of Perth Zoning By-law 5276
202
20.2
Zone Provisions
a)
Yards (minimum)
i)
Front
7.5 m
ii)
Exterior Side
7.5 m
iii)
Interior Side
7.5 m
iv)
Rear
7.5 m
b)
Lot Coverage (maximum)
10%
20.3
Additional Provisions
a)
Modification or site alteration within the Flood Plain (FP) zone through filling,
excavation or by other means is prohibited unless otherwise permitted by
the Rideau Valley Conservation Authority or other public authority having
jurisdiction.
b)
No modification or site alteration shall occur, and no building or structure shall
be erected, altered, or used within the Flood Plain (FP) zone, except with
the written approval of the Conservation Authority pursuant to its Section
28 Regulation.
c)
For the purposes of this By-law, the regulatory flood elevation along the
shores of the Tay River is established by flood plain mapping and
regulations as established by the Rideau Valley Conservation Authority and
/or Parks Canada.
d)
Where safe access has been demonstrated, in accordance with the
Conservation Authority regulation, an existing single dwelling or other
permitted building may be enlarged provided that:
-
The enlargement shall be a maximum of 50% of the gross floor area
of the existing building or 50 m2, whichever is lesser;
-
The number of dwelling units does not increase;
-
The development is floodproofed in accordance with the
requirements of the Conservation Authority;
-
All other provisions of this By-law are complied with.
e)
Where safe access has not been demonstrated, in accordance with the
Conservation Authority regulation, an existing single dwelling or other
permitted building may be enlarged provided that:
-
The enlargement shall be a maximum of 20% of the gross floor area of
the existing dwelling or 20 m2, whichever is lesser;
-
The number of dwelling units does not increase;
Town of Perth By-law 5276
Page 212 of 214
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203
-
The development is floodproofed in accordance with the requirements
of the Conservation Authority;
-
All other provisions of this By-law are complied with.
f)
No site alteration shall occur, and no building or structure shall be erected,
altered, or used except with the written approval of the Conservation
Authority pursuant to its Section 28 Regulation.
20.4
Special Exception Zones
(reserved)
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