By-law 2013-13 - Township of Plummer Additional Zoning By-law

Plummer Additional, Ontario

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Zoning By-law Township of Plummer Additional Consolidated with Amendments to November 1, 2018 Box 2032, 57 Foster Street PERTH ON K7H 3C7 Tel. (613) 464, 8805 Email: [email protected] Township of Plummer Additional Zoning By-law File P-2320 Page 2 Table of Contents Section 1 ADMINISTRATION ............................................................................................................... 1 1.1 Title ............................................................................................................................................... 1 1.2 Application .................................................................................................................................... 1 1.3 Defined Area ................................................................................................................................. 1 1.4 Enforcement .................................................................................................................................. 2 1.5 Repeal and Relationship to Former By-laws ................................................................................ 2 1.6 Validity ......................................................................................................................................... 2 1.7 Other By-laws, Licenses, Permits and Regulations ...................................................................... 2 1.8 Conflict ......................................................................................................................................... 2 1.9 Effective Date ............................................................................................................................... 2 1.10 Repeal of Existing By-laws........................................................................................................... 2 Section 2 CONFORMITY REQUIREMENTS ....................................................................................... 4 2.1 Compliance ................................................................................................................................... 4 2.2 Compliance of Severances ............................................................................................................ 4 2.3 Application to Building ................................................................................................................. 4 Section 3 DEFINITIONS ......................................................................................................................... 4 3.1 General .......................................................................................................................................... 4 3.2 Definitions ..................................................................................................................................... 5 Section 4 GENERAL PROVISIONS .................................................................................................... 65 4.1 Accessory Buildings, Structures and Uses .................................................................................. 65 4.1.1 General ................................................................................................................................ 65 4.1.2 Swimming Pools ................................................................................................................. 68 4.2 Auto Service Station, Gas Bar, Car Washing Establishment ...................................................... 69 4.3 Basement or Cellar ...................................................................................................................... 69 4.4 Bed and Breakfast Establishments .............................................................................................. 69 4.4A Boat Houses and Boat Ports ........................................................................................................ 70 4.5 Buildings to be Moved ................................................................................................................ 71 4.6 Change of Use ............................................................................................................................. 71 4.7 Cumulative Standards ................................................................................................................. 71 4.7A Docks .......................................................................................................................................... 71 Township of Plummer Additional Zoning By-law File P-2320 Page 3 4.8 Established Building Line in Built-up Area ................................................................................ 73 4.9 Exception Zone ........................................................................................................................... 73 4.10 Flood Plain .................................................................................................................................. 73 4.10.1 Permitted Uses Within the Flood Plain ............................................................................... 73 4.10.2 Prohibited Uses ................................................................................................................... 73 4.10.3 Flood Plain Zoning Standards ............................................................................................. 74 4.11 Frontage on a Street .................................................................................................................... 74 4.11.1 Exemptions ......................................................................................................................... 74 4.11.2 Exception for Existing Agreements .................................................................................... 75 4.12 Garden Suites .............................................................................................................................. 75 4.13 Group Homes .............................................................................................................................. 75 4.14 Home Based Businesses.............................................................................................................. 75 4.14.1 Scope of Permitted Home Based Businesses ...................................................................... 75 4.14.2 Criteria for Home Based Businesses ................................................................................... 76 4.15 Home Industries .......................................................................................................................... 76 4.15.1 Scope of Permitted Home Industries................................................................................... 76 4.15.2 Criteria for Home Industries ............................................................................................... 77 4.16 Kennel ......................................................................................................................................... 78 4.17 Land Suitability For Use ............................................................................................................. 78 4.18 Licenses, Permits and Other By-laws ......................................................................................... 78 4.19 Loading Requirements ................................................................................................................ 79 4.20 Mine Hazards .............................................................................................................................. 79 4.21 Minimum Distance Separation and Special Setbacks ................................................................. 79 4.22 Non-Conforming Uses ................................................................................................................ 81 4.23 Occupancy Restrictions............................................................................................................... 82 4.24 Open Storage and Outdoor Display ............................................................................................ 82 4.25 Parking, Storage of Motor Vehicles and Drive-Through Facilities ............................................ 83 4.25.1 General ................................................................................................................................ 83 4.25.2 Barrier Free Parking ............................................................................................................ 85 4.25.3 Stacking Lanes .................................................................................................................... 85 4.25.4 Schedule for Parking Requirements .................................................................................... 85 4.25.5 Drive-Through Facilities ..................................................................................................... 88 Township of Plummer Additional Zoning By-law File P-2320 Page 4 4.26 Parts of Buildings or Structures Permitted Above Height Level ................................................ 89 4.27 Permitted Projections .................................................................................................................. 89 4.27A Shoreline Activity Area .......................................................................................................... 91 4.28 Sight Triangle .............................................................................................................................. 92 4.29 Signs ............................................................................................................................................ 92 4.30 Streets and Parks ......................................................................................................................... 92 4.31 Temporary Buildings or Structures During Construction ........................................................... 92 4.32 Use by Public Authority or Public Utility ................................................................................... 93 4.33 Water and Sewage Disposal Systems ......................................................................................... 93 4.34 Zones Applying to More than One Properties ............................................................................ 93 Section 5 ZONES ................................................................................................................................... 94 5.1 Zone Classification ..................................................................................................................... 94 5.2 Zones ........................................................................................................................................... 94 5.3 Interpretation of Zone Boundaries .............................................................................................. 95 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE ....................................................................... 96 6.1 Residential Low Density (R1) Zone Regulations ....................................................................... 96 6.2 Permitted Main Uses ................................................................................................................... 96 6.3 Permitted Accessory Uses, Buildings and Structures ................................................................. 96 6.4 Zone Requirements ..................................................................................................................... 96 6.5 Additional Provisions .................................................................................................................. 97 6.6 Zone Exceptions .......................................................................................................................... 97 Section 7 MULTIPLE RESIDENTIAL (MR) ZONE ............................................................................ 98 7.1 Multiple Residential Zone Regulations ....................................................................................... 98 7.2 Permitted Main Uses ................................................................................................................... 98 7.3 Permitted Accessory Uses, Buildings and Structures ................................................................. 98 7.4 Zone Requirements ..................................................................................................................... 98 7.5 Additional Provisions .................................................................................................................. 99 7.6 Zone Exceptions ........................................................................................................................ 100 Section 8 SEASONAL RESIDENTIAL (SR) ZONE ........................................................................... 101 8.1 ¸Seasonal Residential Zone Regulations ................................................................................... 101 8.2 Permitted Main Uses ................................................................................................................. 101 8.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 101 Township of Plummer Additional Zoning By-law File P-2320 Page 5 8.4 Zone Requirements ................................................................................................................... 101 8.5 Additional Provisions ................................................................................................................ 102 8.6 Zone Exception ......................................................................................................................... 102 Section 9 GENERAL COMMERCIAL (GC) ZONE ........................................................................... 103 9.1 General Commercial Zone Regulations .................................................................................... 103 9.2 Permitted Main Uses ................................................................................................................. 103 9.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 103 9.4 Zone Requirements ................................................................................................................... 103 9.5 Additional Provisions ................................................................................................................ 104 9.6 Zone Exceptions ........................................................................................................................ 105 Section 10 HIGHWAY COMMERCIAL (HC) ZONE ...................................................................... 106 10.1 Highway Commercial Zone Regulations .................................................................................. 106 10.2 Permitted Main Uses ................................................................................................................. 106 10.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 107 10.4 Zone Requirements ................................................................................................................... 107 10.5 Additional Provisions ................................................................................................................ 108 10.6 Zone Exceptions ........................................................................................................................ 108 Section 11 RECREATIONAL COMMERCIAL (RC) ZONE ........................................................... 109 11.1 Recreational Commercial Zone Regulations ............................................................................ 109 11.2 Permitted Main Uses ................................................................................................................. 109 11.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 109 11.4 Zone Requirements ................................................................................................................... 109 11.5 Additional Provisions ................................................................................................................ 110 11.6 Zone Exceptions ........................................................................................................................ 110 Section 12 RURAL INDUSTRIAL (GM) ZONE .............................................................................. 111 12.1 General Industrial Zone Regulations ........................................................................................ 111 12.2 Permitted Main Uses ................................................................................................................. 111 12.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 111 12.4 Zone Requirements ................................................................................................................... 111 12.5 Additional Provisions ................................................................................................................ 112 12.6 Zone Exceptions ........................................................................................................................ 112 Section 13 MINERAL EXTRACTION (MX) ZONE ........................................................................ 113 Township of Plummer Additional Zoning By-law File P-2320 Page 6 13.1 Mineral Extraction Zone Regulations ....................................................................................... 113 13.2 Permitted Main Uses ................................................................................................................. 113 13.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 113 13.4 Zone Requirements ................................................................................................................... 113 13.5 Additional Provisions ................................................................................................................ 114 13.6 Zone Exceptions ........................................................................................................................ 114 Section 14 WASTE DISPOSAL (MWD) ZONE ............................................................................... 115 14.1 Waste Disposal Zone Regulations ............................................................................................ 115 14.2 Permitted Main Uses ................................................................................................................. 115 14.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 115 14.4 Zone Requirements ................................................................................................................... 115 14.5 Additional Provisions ................................................................................................................ 115 14.6 Zone Exceptions ........................................................................................................................ 115 Section 15 RURAL (R) ZONE ........................................................................................................... 116 15.1 Rural Zone Regulations ............................................................................................................ 116 15.2 Permitted Main Uses ................................................................................................................. 116 15.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 116 15.4 Zone Requirements ................................................................................................................... 116 15.5 Additional Provisions ................................................................................................................ 117 15.6 Zone Exceptions ........................................................................................................................ 118 Section 16 AGRICULTURAL (A) ZONE ......................................................................................... 119 16.1 Agricultural Zone Regulations .................................................................................................. 119 16.2 Permitted Main Uses ................................................................................................................. 119 16.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 119 16.4 Zone Requirements ................................................................................................................... 119 16.5 Additional Provisions ................................................................................................................ 120 Section 17 OPEN SPACE (OS) ZONE .............................................................................................. 122 17.1 Open Space Zone Regulations .................................................................................................. 122 17.2 Permitted Main Uses ................................................................................................................. 122 17.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 122 17.4 Zone Requirements ................................................................................................................... 122 17.5 Additional Provisions ................................................................................................................ 123 Township of Plummer Additional Zoning By-law File P-2320 Page 7 17.6 Zone Exceptions ........................................................................................................................ 123 Section 18 MINE HAZARD (MH) ZONE ............................................................................................... 124 18.1 Mine Hazard Regulations.......................................................................................................... 124 Section 19 RURAL RESIDENTIAL (RR) ZONE.............................................................................. 125 19.1 Rural Residential Zone Regulations ......................................................................................... 125 19.2 Permitted Main Uses ................................................................................................................. 125 19.3 Permitted Accessory Uses, Buildings and Structures ............................................................... 125 19.4 Zone Requirements ................................................................................................................... 125 19.5 Additional Provisions ................................................................................................................ 126 19.6 Zone Exceptions ........................................................................................................................ 126 Township of Plummer Additional Zoning By-law File P-2320 Page 1 Section 1 ADMINISTRATION Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other By-laws, defines the area to which it applies, how it is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions. 1.1 Title This By-law shall be known as the Zoning By-law or By-law No. 2013-13 of the Corporation of the Township of Plummer Additional. 1.2 Application In addition to the requirements of the Township of Plummer Additional Building By-law, every planning application or application for a building permit shall be accompanied information required to determine compliance with this By-law. (For example, 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 dimensions of parking spaces (conventional and barrier-free), parking aisles, parking areas and loading spaces;  The location of sewage disposal systems and/or wells on the property an on abutting properties;  Where the proposed building is to be used for residential purposes, the location of all livestock facilities within 0.5 km [0.31 mi] of the proposed dwelling.) 1.3 Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Township of Plummer Additional. Township of Plummer Additional Zoning By-law File P-2320 Page 2 1.4 Enforcement This By-law shall be administered by the Chief Building Official or such other persons as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law. 1.5 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, or its predecessor, are hereby repealed. The adoption of this By-law shall not prevent any pending or future prosecution of, or action to abate any existing violation of the said By-laws if the violation is also a violation of any of the provisions of this By-law. 1.6 Validity Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court of competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a whole or any part thereof other than the part declared to be invalid. 1.7 Other By-laws, Licenses, Permits and Regulations Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in force within the area affected by this By-law, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any other law in force from time to time. 1.8 Conflict In the event of a conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail. 1.9 Effective Date This By-law shall take effect from the date of its passage by Council, subject to the provisions of the Planning Act. 1.10 Repeal of Existing By-laws By-law 2007-32 passed pursuant to Section 34 of the Planning Act (R,S,O, 1990., c. 13) or predecessor thereof and all amendments thereto are hereby repealed and such repeal shall come into effect upon the date this By-law comes into force. Township of Plummer Additional Zoning By-law File P-2320 Page 4 Section 2 CONFORMITY REQUIREMENTS Explanatory Note This short section establishes the authority of the By-law. It requires that all land uses, buildings and structures must comply with this Zoning By-law. 2.1 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 area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law. 2.2 Compliance of Severances Subject to the granting of such minor variances as may be approved, no lands shall be severed from any existing lot if the effect of an approval for severance is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law. 2.3 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 occupied by the use was in a building. Section 3 DEFINITIONS Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word "used" includes "arranged", "designed" or "intended to be used". The word "occupied" shall include "designed to be occupied" and "arranged to be occupied". 3.1 General Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to them in the context in which they are used are as defined in a dictionary. Township of Plummer Additional Zoning By-law File P-2320 Page 5 3.2 Definitions Abattoir Means a building specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating and sale of the product on the premises. 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. Examples of accessory buildings or structures are a detached garage, a storage shed, a swimming pool or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a retail outlet within a manufacturing plant. Accessory Dwelling - see dwelling, Accessory Accessory Apartment - see Dwelling - Accessory Apartment Accessory Dwelling Unit - see Dwelling, Accessory Dwelling Unit Adventure Game Means an outdoor sport or recreation commercial establishment operated commercially in which participants engage in games mimicking combat-type roles and which may include the use of paint ball or similar equipment. Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act or the Aggregate Resources Act. Agricultural Use Means the use of land, building(s) or structure(s) for: 1. The growing of crops, including but not limited to nursery and horticultural crops and all related activities such as soil preparation, manure or fertilizer spreading, planting, Township of Plummer Additional Zoning By-law File P-2320 Page 6 spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops produced on the lands. 2. Animal husbandry including the raising, boarding, and keeping of all forms of livestock, including poultry and fish, aquaculture, apiaries and all related activities such as breeding, training, feeding and grazing. 3. Agro-forestry, maple syrup production. 4. The production of animal products including but not limited to milk, eggs, wool, fur, or honey, and all related activities such as the collection, storage and sale of the products produced on the lands. 5. The use and storage of all forms of on-farm buildings and structures, equipment or machinery needed to accomplish the foregoing activities. 6. Agricultural use shall not be construed to include commercial activities related to agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm produce outlet) or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales. Agriculturally Related Commercial/Industrial Uses Means the use of land, buildings or structures related to agriculture and necessary in close proximity to farm including but not limited to animal husbandry services, produce or grain storage facilities, farm machinery outlets, and a fertilizer depot, but does not include any manufacturing, assembling, processing, warehousing or construction uses. Airfield Means the use of land licensed under the Aeronautics Act for the landing and take-off of commercial and/or private aircraft and shall include and accessory buildings or structures. Aisle Means the travelled way by which motor vehicles enter and depart parking spaces and a parking area. Alter When used in reference to a building, structure or part thereof, means: 1. To change any one or more of the internal or external dimensions of such building or structure; or 2. To change the type of construction of the exterior walls or roof of such building or structures; or Township of Plummer Additional Zoning By-law File P-2320 Page 7 3. 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 means: 1. 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 2. 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 3. To change the use of such lot or the number of uses located thereon. When used in reference to a shoreline means to change, straighten, divert or interfere in any way with the channel of any water body or the lands surrounding the high water mark of a water body. Altered and alteration shall have corresponding meanings. Ambulance Facility Means a building or part thereof where professional paramedics and personnel are stationed and their motor vehicles and equipment are kept or stored. Anaerobic Digester Means a provincially regulated facility designed to convert agricultural and non-agricultural source materials (e.g., manure, milk washing materials, silage, organic food wastes) into an energy source (e.g., methane). Animal Hospital Means 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 kennel or research facility. Antique Store Means a building or part of a building or structure where antiques, arts and crafts are offered or kept for sale at retail, and may include a craft shop. Apartment Building - see Dwelling - Apartment Arcade or Video Arcade Township of Plummer Additional Zoning By-law File P-2320 Page 8 Means 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 on a non-profit organization, association, institution or club which is operated for social, educational, recreational, religious or fraternal purposes. Artisan Shop or Studio - see Studio Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Assembly Hall - see Place of Assembly Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. Auction Hall Means a building, a structure or parts thereof, or any lands or 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. An auction barn shall be included within this definition. Auditorium - see Place of Assembly Auto Body Shop Means a building or structure where painting, refinishing, restoration, alterations, or repairs are made to motor vehicles and where the services are performed for gain or profit, but does not include a wrecking or salvage yard or auto repair garage. [See Wrecking or Salvage Yard] Auto Repair Garage Means a building or structure for the storage, repair and servicing of motor vehicles or recreational vehicles performed for gain or profit. Township of Plummer Additional Zoning By-law File P-2320 Page 9 Automotive Sales Establishment Means land or buildings used for the display, storage and sales or leasing, or renting of new and/or used motor vehicles and recreational vehicles and related products, and may include accessory uses such as an Auto Repair Garage and/or Auto Body Shop, as defined, administrative offices and a customer lounge. Automotive Service Station Means a building and/or lot used for the sale of fuels or energy products, for motor vehicles or recreational vehicles and may include an auto repair garage, the renting, servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related products, but shall not include any other automotive use defined in this By-law [see also Gas Bar]. Automobile Washing Establishment Means a building or structure containing facilities for washing motor vehicles by production line methods and may include the incidental sale of fuel including but not limited to gasoline, diesel fuel, propane, and natural gas. This definition shall also include a self-service car wash. Automobile Wrecking Yard - see Wrecking or Salvage Yard Township of Plummer Additional Zoning By-law File P-2320 Page 10 Bakery Means a building or part thereof for producing, mixing, compounding or baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery product of which flour or meal is the principal ingredient, but does not include a restaurant or other premises where any such product is made for consumption on the premises or a bake shop. Bake Shop Means a retail store where bakery products are sold some or all of which may be prepared on the premises. Balcony Means an open platform projecting from the face of a building's wall, cantilevered or supported by columns or brackets and surrounded by a balustrade or railing. Figure 3.1 Township of Plummer Additional Zoning By-law File P-2320 Page 11 Bank Means a chartered bank, finance company office, co-op, trust company, loan company or similar establishment where money is deposited, kept, lent or exchanged. Basement Means that portion of a building between two floors which is partly underground but which has at least one-half of its height from floor to ceiling above the adjacent finished grade [see Figure 3.1]. Batch Plant, Asphalt or Concrete Means an industrial facility used for the production of asphalt or concrete products, used in building or construction and includes but is not limited to facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of equipment. Bed and Breakfast Establishment Means a private single detached dwelling in which guest rooms are provided for gain as temporary accommodation on a daily basis for the travelling or vacationing public as an accessory use and where the proprietor lives on the premises. Bingo Hall Means a building or part thereof used for bingo or a bingo event. Boarding House or Rooming House Means a dwelling within which a proprietor supplies for a fee, sleeping accommodation with or without meals, for five (5) or more persons but does not include a bed and breakfast establishment, a hotel, a hostel, a group home, or continuum-of-care facility. Boat House Means a building or structure or part thereof not over 5 m [16.4 ft.] in height, used for the storage of private boats and equipment accessory to their use, as an accessory use to a residential use, no part of which shall be used for any residential or commercial purpose. Accessory uses to a boat house shall include a sauna, and a rooftop unenclosed deck. Boat Port Means a one-storey unenclosed accessory building used for the storage of boats and boating equipment. Breezeway Township of Plummer Additional Zoning By-law File P-2320 Page 12 Means a roofed open passage connecting two or more buildings. Building Means any structure used or intended for sheltering any use or occupancy. The word "building" shall include the whole of such structure or part thereof and shall include any building types as regulated by the Ontario Building Code. Building, Accessory - see Accessory Building Building Envelope Means 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 [see Figure 3.2]. Building Height - see Height Building Inspector or Building Official - see Chief Building Official Building, Main Means a building in which is conducted the principle uses of the lot on which it is situated [see Figure 3.3]. Figure 3.3 Figure 3.2 Township of Plummer Additional Zoning By-law File P-2320 Page 13 Building Line Means 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 Separation Means the least horizontal distance permitted between the nearest portions of the walls of any buildings on a lot. Building Supply Store or Depot Means 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 Means lands, buildings and structures for the storage, distribution of fuels and oils but not including retail sales or key lock operations. Bulk Storage Yard Means land or a lot 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. Figure 3.3 Township of Plummer Additional Zoning By-law File P-2320 Page 14 Bunkhouse Means a building designed or used for the accommodation of up to 30 workers and may include sanitary facilities, a kitchen and sleeping accommodation. Township of Plummer Additional Zoning By-law File P-2320 Page 15 Camp (Hunt Camp, Fishing Camp) Means a building or structure intended to provide basic shelter and accommodation on a temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation but does not include a seasonal dwelling. Campground Means an area of land, managed as a unit, providing short term accommodation or overnight camping for tents, tent trailers, recreational vehicles or campers. A campground may include accessory uses, buildings and structures such as an accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other goods or supplies and equipment rentals that are accessory to the operation of the campground. Car Port Means a structure open on at least two sides and intended to be used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure. [See Figure 3.4] Car Rental Agency Means the use of land, or building or structure where motor vehicles are kept for lease and where such vehicles may be dropped off or picked up. Car Wash - see Automobile Washing Establishment Catering Establishment Means a commercial establishment or a home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises. Cellar Means the portion of a building between two floors, which is partly underground and which has more than one-half of its height from floor to ceiling below the finished grade [see also Basement and Figure 3.1]. Figure 3.4 Township of Plummer Additional Zoning By-law File P-2320 Page 16 Cemetery Means a cemetery within the meaning and as regulated by the Cemeteries Act and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Chief Building Official Means an officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act. Church - see Place of Worship Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by two (2) or more legally qualified medical together with their qualified assistants and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, professionals (e.g. physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners), together with their qualified assistants and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms for surgery Club, Private Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes. Commercial Greenhouse, Nursery or Garden Centre Means 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 gardening supplies, planting materials fertilizers and equipment. Commercial Parking Lot Means a lot forming the principal use of the land which is used for the temporary parking of two or more motor vehicles for profit or gain. Township of Plummer Additional Zoning By-law File P-2320 Page 17 Commercial Vehicle Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highway. Communications Facility Means an installation which transmits receives and/or relays communications such as a microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone tower, radio or television broadcast tower or similar facility. Community Centre - see Place of Assembly Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses only if conservation of the resource is not jeopardized. Construction Yard or Contractor's Yard Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies. Continuum-of-Care Facility Means a building or a group of buildings which may include a senior citizens apartments building, a nursing home, a long-term care facility, home for the aged and facilities associated with, and designed specifically to serve the senior or disabled population such as clinics, retirement homes, recreation centres, cafeterias and personal service establishments, and may also include independent senior's accommodation in separate structures/living units that share in services such as meals. This definition does not include a group home, boarding house or chronic care facility. Convenience Store or Confectionary Store Means a retail store used primarily for the sale of grocery and confectionary items and incidentally for the sale of such other merchandise or sundries as is required to fulfil the day-to-day needs of the surrounding community and may include a video rental outlet. Converted Dwelling - see Dwelling, Converted Convention Facility - see Place of Assembly Township of Plummer Additional Zoning By-law File P-2320 Page 18 Corporation Means the Corporation of the Township of Plummer Additional 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. Cottage Industry - see Home Based Business Council Means the Council of the Corporation of the Township of Plummer Additional. Coverage - see Lot Coverage Crisis Care Facility Means a building or part of a building which is used to provide for the supervised residency of person requiring immediate emergency shelter and aid for a short to interim period of time and without limiting the generality of the foregoing, includes a facility for battered or abused adults and/or children or elderly persons. Custom Workshop Means a building or part thereof where individual custom productions of goods or materials are made but does not include any establishment where the manufacture of goods or materials is performed on a mass production or assembly line basis nor any shop or factory otherwise defined in this By-law. Township of Plummer Additional Zoning By-law File P-2320 Page 19 Day Lighting Triangle - see Sight Triangle Day Nursery Means an establishment governed by the Day Nurseries Act that receives more than five (5) children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty- four hours, where the children are, under eighteen years of age in the case of a day nursery for children with a developmental disability, and under ten years of age in all other cases. Deck Means a structure abutting a dwelling or building with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area. Detached When used in reference to a building or structure, means a building or structure which is not structurally dependent on, nor adjoins on any side, any other building. Dish Antenna - see Satellite Dish Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or 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 kiosks associated with a surface parking area are not considered drive through facilities. Driveway Means an unobstructed passageway used to provide access to a lot from a street or lane. Dry Cleaning Establishment Means 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. Dry Cleaning Distribution Station Means a building used for the purpose of receiving goods of fabric primarily for distribution to a Dry Cleaning Establishment. Township of Plummer Additional Zoning By-law File P-2320 Page 20 Dwelling Means 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. Dwelling - Accessory Means a fully-detached dwelling which is accessory to a permitted non-residential use. Dwelling - Apartment Means a building containing three (3) or more dwelling units but shall not include a row dwelling [see Figure 3.5]. Dwelling - Accessory Apartment or Apartment-in-a-House Means a separate and self-contained dwelling unit (e.g. includes cooking, sanitation and sleeping facilities) in or added to a single detached dwelling unit. Dwelling - Accessory Dwelling Unit Means a self-contained dwelling unit which is part of an accessory to a permitted non-residential building other than an auto service station or a commercial garage. Dwelling - Bachelor Dwelling Unit Means a dwelling unit consisting of one bathroom and not more than two habitable rooms designed to provide living, dining, sleeping and kitchen accommodation in appropriate individual or combination. Dwelling - Converted Means an existing single detached 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 [see Figure 3.5]. Dwelling - Duplex Means a building that is divided horizontally into two (2) dwelling units, each of which has an independent entrance [see Figure 3.5]. Dwelling - Group or Group Housing or Group Housing Project Means a combination of dwelling types (e.g. semi-detached, triplex, row housing, and apartments) where there are two or more such dwellings located on the same lot, which lot is retained under one ownership or registered and in compliance with the Condominium Act. Township of Plummer Additional Zoning By-law File P-2320 Page 21 Dwelling - Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured in accordance with the CAN/CSA Z240 MH standard and designed to provide a permanent residence for one or more persons, but does not include a park model trailer or recreational vehicle. Figure 3.5 Township of Plummer Additional Zoning By-law File P-2320 Page 22 Dwelling -Park Model Trailer Means a trailer as described under Section 9.39.1.1 of the Ontario Building Code as a manufactured building used or intended to be used as a seasonal recreational building of residential occupancy and not as the principal place of residence of the owner or occupier thereof. Dwelling - Quadraplex Means the whole of a dwelling divided vertically by common walls into four separate dwelling units, each dwelling unit having two common walls. Dwelling - Row or Townhouse Means a building that is divided vertically into three (3) or more dwelling units, each of which has an independent entrance at grade. [See Figure 3.5] Dwelling - Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall [see Figure 3.5]. Dwelling - Single-detached Means a detached building containing one (1) dwelling unit [see Figure 3.5]. Dwelling - Triplex Means a building on a single foundation divided into three (3) separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule [see Figure 3.5]. Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence and not the principal place of residence of the owner or occupier thereof. Dwelling Unit Means 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 a private entrance from outside the building or from a common hallway or stairway inside the building. Dwelling Unit Area Means the floor area of a dwelling unit measured within the interior faces of the exterior walls of the dwelling unit. The unfinished floor area in the basement shall not be included in the calculations of the dwelling unit area. Township of Plummer Additional Zoning By-law File P-2320 Page 23 Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another. Eave Means a roof overhang, free of enclosing walls, without supporting columns. Entrance Means in reference to a lot, the area of intersection between a driveway and a street line. Equestrian Establishment Means the use of land, buildings and structures for operation of a horse riding academy or horse riding stables. Equipment Rental Establishment Means a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures and other goods. Equipment Sales, Service and Repair Establishment Means a building or part of a building and land where machinery or equipment for use in construction undertakings, commercial vehicles, and other similar goods are kept for sale at retail or wholesale and which may be serviced washed or repaired and may include an auto body shop. (Examples include farm equipment, back hoes, floats or trailers.) Equipment and Vehicle Storage Yard Means an uncovered area of land which is used for the storage of machinery and equipment for construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use. Erect Means to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Established Building Line Means the average setback from the street line of existing buildings 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 [see Figure 3.6]. Township of Plummer Additional Zoning By-law File P-2320 Page 24 Established Grade Means: 1. 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; 2. When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure; 3. When used with reference to a street, road or highway, the elevation of the street, road or highway established by a public authority. Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line - see Lot Line, Exterior Side Exterior Side Yard - see Yard, Exterior Side Figure 3.6 Township of Plummer Additional Zoning By-law File P-2320 Page 25 Fairground Means land, buildings and structures used for entertainment, agricultural and related exhibits, competitive events, food concessions, a carnival or midway which are conducted on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Produce Outlet Means an accessory use to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farm Vacation Establishment Means an accessory use in a private single detached dwelling in which guest rooms are provided for gain as temporary accommodation on a daily basis for the vacationing public interested in learning or participating in the operation of a farm. Farmer's Market Means land, buildings and structures used for the sale of farm products, crafts and other merchandise of a local farming or rural community and designed for individual retailers. Fence Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. Flea Market Means: 1. A building or part of a building 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 in this By-law; 2. 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; 3. 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, homemade, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade; 4. A building or open area where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant. Township of Plummer Additional Zoning By-law File P-2320 Page 26 Flood Elevation or Floodline Means a line established by a one in one hundred year storm as established by flood plain mapping or by an appropriate public authority. Flooding Hazards Means 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 ice jams and which has been approved as a standard for that specific area by the Ministry of Natural Resources. Flood Plain For river stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Floor Area, Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor. Floor Area, Ground Means the floor area of the lowest storey of a building approximately at or above the established grade 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 Means usable or habitable space above or below grade, measured from the exterior face of the exterior walls of the building or structure but shall not include: 1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or 2. Any part of a building or structure below grade which is used for building services, storage or laundry facilities; or 3. Any part of the building or structure used for the storage or parking of motor vehicles; or Township of Plummer Additional Zoning By-law File P-2320 Page 27 4. Any part of a commercial shopping area used as a hall way, corridor passageway, utility room, public washroom, balcony or mezzanine not otherwise used for the display or sale are for merchandise. Forestry Use Means the general raising, management and harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and silva culture practices. Front Lot Line - see Lot Line, Front Front Yard - see Yard, Front Frontage - see Lot Frontage Funeral Home Means a building or part of a building wherein undertaking services are offered and may include accessory activities such as the sale of caskets and funeral accessories, a chapel or parlour. Township of Plummer Additional Zoning By-law File P-2320 Page 28 Garage - Private Means a single storey accessory building or portion of a main building including a carport which is designed or used for parking or storage of motor vehicles of the occupants of the premises and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use. Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery Garden Suite Means a one-unit detached residential building containing sanitary and kitchen facilities that is accessory to an existing permanent residential building and that is designed to be portable, but shall not include a mobile home, a park model trailer or a recreational vehicle. Gas Bar Means one or more pump islands, each consisting of one or more gasoline pumps, and a building, structure or booth which may be used by a sales attendant for the sale of gasoline products and convenience items including but not limited to beverages, prepared foods, newspapers, lottery tickets sundries and may include other accessory features such as a comfort station and ATM. [see also Automotive Service Station] Gazebo Means 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 in this By-law. Golf Course Means land, buildings and structures used a public or private area operated for the primary purpose of playing the sport of golf but may also include such accessory buildings and structures as are necessary for the operation and maintenance of the golf course including club house facilities, a restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Golf Driving Range Means a commercial use of land that may be equipped with distance markers, clubs, balls and tees which is designed for practicing golf shots. Granny Flat - see Garden Suite Green Energy Industries Means a building or structure in which products are manufactured for the generation of electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass). Products Township of Plummer Additional Zoning By-law File P-2320 Page 29 manufactured by a renewable energy industry may include but are not limited to solar panels, wind turbines, geothermal equipment, anaerobic digesters and parts or components thereof. Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care Facility]. Guest Cabin Means an accessory building, located on the same lot as the main building, which is used for sleeping accommodation but does not contain any cooking facilities and may contain sanitary facilities. Guest Room Means a bedroom or suite of rooms, which contains no facilities for cooking and which is used or maintained for gain or hire by providing accommodation. Township of Plummer Additional Zoning By-law File P-2320 Page 30 Habitable Room Means a room in a dwelling used or intended to be used primarily for living, dining, sleeping or kitchen accommodation and may include a bathroom, den, library or enclosed sunroom but shall not include any private garage, carport, porch, unfinished attic, unfinished basement or cellar. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring process including lands in a flood plain or subject to a flooding hazard or erosion hazard. Hazardous Substances Means substances which individually, or in combination with other substances are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Height Means the vertical distance between the established grade and: 1. In the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest [see Figure 3.7A], or 2. In the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof [see Figure 3.7B]. 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 floors shall not be considered as increasing the height of a building in storeys, provided that their aggregate area does not exceed forty (40%) per cent of the area of a room or storey in which they are located, provided further, that the space beneath the mezzanine is not enclosed and provided that the mezzanine overhang does not exceed forty (40) per cent of the least dimension on any room in which it is located. In calculating the height of a building, any 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. Heliport Means a landing area or pad used for the landing and take-off of helicopters and shall include all necessary and accessory emergency services facilities, fuelling facilities and passenger and cargo facilities. Township of Plummer Additional Zoning By-law File P-2320 Page 31 Herein Means in this By-law, and shall not be limited to any particular section of this By-law. Figure 3.7B Figure 3.7A Township of Plummer Additional Zoning By-law File P-2320 Page 32 High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Highway Means an improved public road under the jurisdiction of the Provincial government. Hobby Farm - see Farm, Hobby Home for the Aged - see Continuum-of-Care Facility Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. Home Industry Means any privately operated legal occupation, enterprise or business which is carried out as an accessory use to the main agricultural or rural residential use of a property and only by the occupant thereof and any employees and is compatible with a domestic household. Hot Tub Means a body of water located outdoors contained by artificial means, with mechanisms allowing for the direction and/or adjustment of jets or warm water flowing in a rapidly rotating and circular current, and which produces a depression or cavity in the centre, and includes tubs called "spas" or "whirlpools." Township of Plummer Additional Zoning By-law File P-2320 Page 33 Industrial Use Means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and the storage of building and construction equipment and materials as distinguished from the buying and selling of commodities and the supplying of personal services. 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. 1. Class I Industry - Light Industrial Means a place of business for a small scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a 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. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in this By-law may be classified as such. 2. Class II Industry - Medium Industrial Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g. it has an open process) and where there are periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may be classified as such. 3. Class III - Heavy Industrial Uses Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this By-law may be classified as such. Institutional Use Means any land, building, structure or part thereof used to provide non-profit or non-commercial purposes for governmental, educational, charitable, fraternal or other public services. Township of Plummer Additional Zoning By-law File P-2320 Page 34 Kennel Means a commercially operated building or structure where four (4) or more dogs over the age of six months are kept, bred or boarded. [See also Animal Hospital] Township of Plummer Additional Zoning By-law File P-2320 Page 35 Landfill Site - see Waste Management Facility Lane Means a public thoroughfare other than a street or pedestrian way, improved or not, which has a right-of-way width of 10 m [32.8 ft.] or less and which provides a secondary means of access for vehicular traffic to abutting lots and which is not intended for general traffic circulation. Laundromat Means a building where coin-operated laundry machines are made available to the public for the purpose of laundry cleaning. Livestock Means animals associated with an agricultural use such as but not limited to cattle, horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial purposes. Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for the keeping or housing of livestock and includes all manure or material storages and anaerobic digesters. (Minimum Distance Separation Formulae Implementation Guidelines) Livestock Sales Outlet Means a building or structure where livestock are bought and sold. Loading Space Means a space or bay located on a lot or within a building which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials in connection with the use of the lot or any building thereon, and which has unobstructed access not necessarily in a straight line to a street or lane. Township of Plummer Additional Zoning By-law File P-2320 Page 36 Logging Operation Means an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment. Lot Means a parcel of land which is capable of being legally conveyed in accordance with the Planning Act. Lot Area Means 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. Lot, Corner Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one hundred and thirty-five (135) degrees. Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents, 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 [see Figure 3.8]. Figure 3.8 Township of Plummer Additional Zoning By-law File P-2320 Page 37 Lot Coverage Means that percentage of land or lot area covered by buildings and structures above ground level and which excludes that portion of such land or lot area which is occupied by a building or portion thereof which is completely below ground level, and shall exclude a fence, a sewage disposal system and an in-ground swimming pool. Lot Depth Means 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 [see Figure 3.9]. Lot Frontage Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line equal to the front yard setback back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines [see Figure 3.9]. Lot, Interior Means a lot other than a corner or a through lot which has frontage on a street. Lot Line Means a boundary line of a lot or the vertical projection thereof: Lot Line - Exterior Side Means a lot line located between the front and rear lot lines and dividing the lot from a street [see Figure 3.8]. Lot Line, Front Means: 1. In the case of an interior lot, the line dividing the lot from the street, street allowance or private road; 2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line; Figure 3.9 Township of Plummer Additional Zoning By-law File P-2320 Page 38 3. In the case of a corner lot with two street lines of equal length, the lot line that abuts the wider street, or abuts a highway shall be deemed to be in the front line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; 4. In the case of a lot with water access only, the front lot line shall be on the street side. In the case of a through waterfront lot with water access only, the longest shoreline shall be deemed to be the front lot line; 5. in the case of a private road, the lot line adjacent to the entrance shall be deemed to be the front lot line; 6. In all other cases not described above, the front lot line shall be deemed to be where the principal access or entrance to the lot is approved. Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.8]. Lot Line, Side Interior Means a lot line other than a front lot line, rear lot line 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 [see Figure 3.8]. Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets and where such lot qualifies as being both a corner lot and a though lot, such lot shall be considered as a corner lot [see Figure 3.8]. Lot, Width Means the average horizontal dimension between the two longest opposite sides measured on a line 6 m [19.6 ft.] back from the front lot line and parallel to it. Lot Width, Corner Lot Means the horizontal distance between the longest front lot line and the opposite side lot line, measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front lot line, except in the case: 1. Where the front lot lines are curved, in which case, the lot width shall be calculated on the basis that the street 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 curved street lot line; or Township of Plummer Additional Zoning By-law File P-2320 Page 39 2. 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 front lot lines shall be deemed to comprise the street lines produced to their point of intersection. Township of Plummer Additional Zoning By-law File P-2320 Page 40 Main Wall Means any exterior wall of a building (e.g. front, rear, side) and any structural members essential to the support of a fully enclosed space or roof exclusive of permitted projections (e.g. deck, stairs, eaves etc.) which are nearer to a lot line than an exterior wall. Maple Syrup Processing Establishment Means land, buildings and or structures used to collect, manufacture and/or store maple syrup products produced on the property where such use is established. This shall also include the retail sales of maple syrup products as part of a home industry as defined in this By-law. Marina Means a commercial establishment where boat house, boat storage, pier, dock or jetty facilities are available for any type of marine pleasure crafts and may include fuel pumps and facilities for the sale, servicing, repair and maintenance of marine craft and may include buildings or structures for the supply of marine craft accessories and refreshments and may include an eating establishment. Marine Facility Means a non-commercial building or structure which is used to moor, berth, or store a boat. This definition may include a boat launching ramp, a boat lift, marine railway, a float hangar, dock or boathouse, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Medical Clinic - see Clinic Mine Means a mine as defined in the Mining Act. Mining shall have a similar meaning. Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. Mineral Aggregate Operation Means: 1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto, or a pits and quarries control by-law enacted under the Municipal Act; and Township of Plummer Additional Zoning By-law File P-2320 Page 41 2. Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Miniature Golf Course Means an area of land, building or structure or part thereof operated for profit or gain as a commercial place of amusement in which facilities are provided to stimulate the game of golf or any aspect of the game on a small scale, but does not include a driving range. Minimum Distance Separation Formulae I and II Means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Mobile Home - see Dwelling - Mobile Home Mobile Home Park Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Mobile Home Lot or Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Mobile Home Yard Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied to a mobile home lot or site. Motel Means a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein three (3) or more guest rooms, each guest room having a separate entrance directly from outside and may include an accessory eating establishment but does not include a bed and breakfast establishment. Motor Home - see Recreational Vehicle Township of Plummer Additional Zoning By-law File P-2320 Page 42 Motor Vehicle or Vehicle Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Municipality Means the Township of Plummer Additional. Museum Means a building or buildings used, or to be 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. Township of Plummer Additional Zoning By-law File P-2320 Page 43 Non-Complying Means any existing building, structure or lot which does not comply with one or more of the zone requirements and standards of this By-law. Non-Conforming Means any existing use, building, structure or lot which is not a permitted use in the zone where such use, building or structure is located. Non-Residential Means a use, building or structure, designed intended or used for purposes other than those of a dwelling or a residential use. Nursing or Convalescent Home - see Continuum-of-Care Facility Nursery - see Commercial Greenhouse, Nursery or Garden Centre Township of Plummer Additional Zoning By-law File P-2320 Page 44 Office Means a building, structure or part thereof used or intended to be used in the performance and transaction of business including administrative, clerical and professional activities but shall not include the manufacturing of any product. Open Space Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas. Open Storage Means the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include a storage use located in a building, a salvage yard, a parking area, a loading space or a parking space. Outdoor Display Means an area set aside outside of a building or structure, other than a parking area, loading space or parking space which is used in conjunction with a business located within the building or structure on the same property, for the display of goods, merchandise, equipment and seasonal produce and products and may include garden supplies and Christmas trees, new merchandise or the supply of services. Owner Means 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. Township of Plummer Additional Zoning By-law File P-2320 Page 45 Park Means an area of land, whether enclosed or not, which is devoted to recreational or leisure uses including but not limited to beach, playground, play field, athletic field, field house, community centre, bleachers, swimming pool, wading pool, splash pad, greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green, boat livery, bathing station, curling rink, refreshment concession, campground, fair ground, and conservation area. Park Model Trailer (see Dwelling - Park Model Trailer) Parking Area Means a lot or portion thereof required in accordance with the provisions of this By-law for the temporary storage or parking of motor vehicles accessory to uses in all zones, and includes the storage or parking of three (3) or more motor vehicles, horses and buggies and includes a carport or private garage and includes any associated driveways, aisles, pedestrian aisles, lanes or other areas required for the movement or parking of motor vehicles but does not include a street or lane, a lot for the sale or lease of motor vehicles or the storing or impounding of motor vehicles or wrecked vehicles. Parking Lot, Commercial - see Commercial Parking Lot Parking Space Means an area used for the temporary parking of one motor vehicle or one horse and buggy. Parking Space, Barrier Free Means a parking space for the temporary parking of a motor vehicle used by a handicapped or disabled person. Patio Means a surfaced, open space of land at grade adjacent to a residential dwelling which is used as an extension to the interior of the home for private entertainment or leisure activities and is uncovered. In a commercial setting, a patio means a surfaced open space area at grade used in conjunction with a restaurant where seating accommodation is provided and where meals and beverages may be served and consumed and is uncovered. Permitted Means permitted by this By-law. Permitted Use Means a use which permitted in the zone where such use is located. Township of Plummer Additional Zoning By-law File P-2320 Page 46 Person Means an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Service Establishment Means a building wherein a personal service is performed including but not limited to a barber shop, beauty salon, aesthetician, shoe repair, photographic store, laundromat or a dry cleaning distribution station but excludes a manufacturing or fabrication of goods for sale. Pit Means land or land under water from which aggregate as defined herein is being or has been excavated in order to supply material for construction, manufacturing or industrial purposes, but shall not include rehabilitated land or an excavation incidental to the erection of a building or a structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Place of Assembly Means a building specifically set aside for and primarily engaged in 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 or a fraternal organization and similar activities. Place of Worship Means a building or an open area dedicated to religious worship or activities and may include an accessory dwelling, an accessory dwelling unit or other secondary meeting facilities and may include accessory uses such as a church hall, auditorium, Sunday school , parish hall, rectory, manse, cemetery. Playground, Play Facility Means a park or part thereof which is equipped with active recreational facilities oriented to children. [See also Park] Porch or Veranda Means a covered entrance to a building usually with a separate roof and unenclosed and used as an outdoor living space. Portable Asphalt Plant Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of Township of Plummer Additional Zoning By-law File P-2320 Page 47 bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Portable Concrete Plant Means a building or a structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Printing and Publishing Establishment Means a building or part thereof used primarily for printing, regardless of the method, and publishing of newspapers, periodicals, books, maps and similar publications and also includes the sale and servicing of printing and duplicating equipment. Private Club - see Club, Private Private Garage - see Garage, Private Private Road Means 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. Professional Office - see Office Public Authority Means the Township of Plummer Additional and any Boards or Commissions thereof, and any Ministry or Department of the Governments of Ontario or Canada, or other similarly recognized public utility or agencies established or exercising any power or authority under any special or general statute and includes any committee or local authority established by By-law of Council. Public Street - see Street Public Utility Means a water works or water supply system, sewage works, electrical power or energy generating transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a transportation system, a telecommunications system, communications facility and includes and lands, buildings or structures or equipment required for the administration or operation of any such system and which is operated by a public authority or publicly governed company. Township of Plummer Additional Zoning By-law File P-2320 Page 48 Quarry Means any open excavation made for the removal of any consolidated rock or mineral including limestone, sandstone or shale, in order to supply material for construction, industrial or manufacturing purposes, but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Township of Plummer Additional Zoning By-law File P-2320 Page 49 Railroad Use Means a building, structure or use normally associated with a railroad operation. Reconstruction or Renovation Means the repair and restoration of a previously existing building or structure to a safe condition but shall not include its replacement. Recreational Commercial Establishment Means an establishment, building or structures 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. [See also Bingo Hall] Recreational Vehicle Means any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living, sleeping, eating or accommodation of persons on a temporary, transient or short term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home, or a park model trailer. The definition of a recreational vehicle shall not be interpreted to include recreational equipment such as boats, boat or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a building and/or lot which are used for the display, storage and/or sale of boats, and recreational vehicles or recreational equipment. Recreational Vehicle Repair Garage Means a building used for the repair, servicing, painting, refinishing, restoration or alteration of recreational vehicles and boats for gain or profit, but does not include a salvage yard Recycling Depot or Transfer Station Means a special waste management facility which only serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, metal and other similar products which Township of Plummer Additional Zoning By-law File P-2320 Page 50 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]. Redevelopment - see Development Renovate Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an existing building. Renovation shall not include the removal of more than 50% of the walls (wall studs) in a building. Renovation shall include the replacement of a foundation only where the foundation is structurally unsound as determined by the Chief Building Official. Residential Care Facility - see Continuum-of-Care Facility Residential Use Means the use of land, buildings or structures for human habitation or as a dwelling. Restaurant Means a building or structure where food is prepared and offered for sale to the public for consumption within or outside the building or structure. Retail Store Means a building wherein goods, wares, merchandise, groceries, 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. Retirement Home - see Continuum-of-Care Facility Right-of-way - see Easement Road - see Street) Room, Non-Habitable Means any room located within a dwelling that is not a habitable room, including but so as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a porch, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any space used for the service and maintenance of such dwelling or for vertical travel between storeys. Row House - see Dwelling, Row or Townhouse Township of Plummer Additional Zoning By-law File P-2320 Page 51 Salvage Yard Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition may include a junk yard, a wrecking yard, a scrap metal yard, and an automobile wrecking yard on the premises. Satellite Dish/Receiver Means a structure designed, used or intended to be used to send or receive signals to or from a satellite. Sawmill or Planing Mill Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g. may be drawn by a motor vehicle) and is used on a temporary basis for the cutting of saw logs School Means a public educational establishment operated by a Board of Education [see also Institutional Use]. School, Private Means an educational establishment not operated by a public school board wherein teaching or instruction is offered in such fields as academics, dancing, music, art, sports, business or trade, and any other such specialized school conducted for gain, and also includes such fields as a studio for photography and arts and crafts. A private school may be an elementary, secondary or adult school. [See also School]. Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers and may include the exterior storage of boats and water-related equipment, recreational equipment and recreational vehicles. Semi-Detached Dwelling - see Dwelling, Semi-Detached Township of Plummer Additional Zoning By-law File P-2320 Page 52 Sensitive Land Use Means the use of or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one (1) or more adverse effects from emissions or discharges generated by nearby facilities and includes, but is not limited to, a dwelling, day nursery, or an educational or health facility (e.g. school, hospital). A sensitive land use may be a part of the natural or built environment. Separation Distance Means the horizontal distance between buildings or structures or physical features measured from the closest point of the exterior wall of such building or structure, or of such physical structure. Septage Means untreated sanitary waste from a septic tank, privy or holding tank. Service Outlet or Shop Means a building whether in conjunction with a retail store or not, used for the repair or servicing of goods, commodities, articles or materials, but not the manufacturing thereof. Automotive repairs and services are not permitted under this definition. Setback Means: 1. With reference to a street, the least horizontal distance between the front lot line and the nearest building line. 2. With reference to a water body, the least horizontal distance between the high water mark and the nearest building line. 3. With reference to a building, structure or land use and not applicable under paragraph (1) or (2), shall mean the least horizontal distance from the building, structure or land use in question; and 4. With reference to a private road, shall mean the least horizontal distance between the edge of the travelled portion of the road and any building or structure, or the limit of the road as shown and measured on a survey. Sewage and Water Services Means: 1. Private Communal Sewage Services Township of Plummer Additional Zoning By-law File P-2320 Page 53 Means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by the municipality. 2. Private Communal Water Services Means a non-municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences. 3. Individual On-Site Sewage Services Means individual autonomous sewage disposal systems within the meaning of s.8.1.2 O. Reg. 403/97, under the Building Code Act, 1992 that are owned, operated and managed by the owner of the property upon which the system is located. 4. Individual On-Site Water Services Means individual, autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. 5. Municipal Water Services Means a municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002. 6. Partial Services Means municipal sewage services or private communal sewage services and individual on-site water services; or municipal water services or private communal water services and individual on- site sewage service s. Shooting Range or Rifle Club Means land, buildings, structures or premises used for recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include accessory facilities. Figure 3.10 Township of Plummer Additional Zoning By-law File P-2320 Page 54 Shoreline Activity Area Means that part of a shoreline buffer zone used as the principle access to an abutting waterbody where shoreline structures may be constructed such as a dock, wharf, boat house, boat port, gazebo, viewing stand, facilities related to a commercial marina or tourist establishment use. Sight Triangle Means a triangular space, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines [See Figure 3.10]. Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: 1. Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and 2. Which is used to advertise, inform, announce, claim, give publicity or attract attention. Sleep Cabin - see Guest Cabin Solar Collector Means a device consisting of photovoltaic panels that collect solar power from the sun. A solar collector may be attached to a building or structure or erected on a post(s). Solarium Means 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. Stacking Lane Means an on-site lane for motorized vehicles which accommodates vehicles using a drive- through facility that is separated from other vehicular traffic and pedestrian circulation. Stacking lanes may be separated by any combination of barriers, markings or signage. Figure 3.11 Township of Plummer Additional Zoning By-law File P-2320 Page 55 Storage Container Means the trailer portion of a tractor trailer or transport truck without the running gear or shall mean a rail or sea container or manufactured portable or mobile storage unit. Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure 3.11] Street Means a public thoroughfare, road or highway affording principal means of access or entrance to abutting properties, and which has been assumed by a public authority. Street allowance or road allowance shall have a similar meaning. Street, Improved Means a street which has been constructed for the conveyance of vehicular traffic and is maintained year round by a public authority. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a street or private road. Structure 1. Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle, a sign, a fence, a swimming pool, a deck, an individual on-site sewage services (i.e. septic tank ). Studio Means a building or part thereof used: 1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and offered for sale; 2. For the instruction of art, music, languages or similar disciplines. [See also School, Private] Swimming Pool Means an open or covered in-ground or above ground outdoor structure used for swimming, wading, diving or recreational bathing which is at least 50 cm [19.6 inches] in depth, and may include a hot tub or whirlpool or Jacuzzi or portable structure. Township of Plummer Additional Zoning By-law File P-2320 Page 56 Tavern Means a "tavern" as defined by the Liquor License Act. Tea Room Means a restaurant where the seating capacity does not exceed 20 patrons. Temporary Car Shelter Means a non-permanent structure designed to be temporary, and is erected to provide shelter primarily to a motor vehicle during winter months and shall be designed to be dismantled or removed (see Figure 3.12). Top-of Bank Means the break in slope between the bank and the surrounding terrain. Tourist Commercial Retail Store Means a retail store catering principally to the tourism industry. Tourist Establishment Means land buildings or structures used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast establishment, and rental cottage or cabin where more than 3 such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses. Tourist Outfitters Establishment Means land, buildings or structures operated throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Townhouse - see Dwelling - Row of Townhouse Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle Trailer Park - see Campground Transfer Station (See Recycling Depot) Transportation Depot or Truck Terminal Means land buildings or structures where commercial vehicles are kept for hire, rental and/or leased, or stored and/or parked for remuneration and/or from which such vehicles are dispatched Figure 3.12 Township of Plummer Additional Zoning By-law File P-2320 Page 57 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. Township of Plummer Additional Zoning By-law File P-2320 Page 58 Use or Used Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or maintained. Use, Accessory - see Accessory Use Township of Plummer Additional Zoning By-law File P-2320 Page 59 Vehicle - see Motor Vehicle Veterinary Establishment - see Animal Hospital Video Rental Outlet Means a building or part of a building wherein the primary use is the rental of video tapes and may include the rental of video cassette recorders video cameras, video games, DVDs and similar electronic devices. Township of Plummer Additional Zoning By-law File P-2320 Page 60 Warehouse Means a building or structure or portion thereof used or intended to be used for the bulk storage of goods, merchandise, or materials. Waste Management Facility Means land or a site which is licensed or approved by the Ministry of the Environment and/or its agents where garbage, refuse, compost, 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 [see also Recycling Depot]. Water Body Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation channel. Wayside Pit Means land from which unconsolidated aggregate is removed by means of open excavation on a temporary basis for use by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. Wayside Quarry Means land from which consolidated aggregate is removed by means of open excavation on a temporary basis for use by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. Welding Shop Means a building or structure or part thereof where metal products are joined, repaired or shaped by welding but no mass productions shall be involved. Wetlands Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favored the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wholesale Establishment Means a building or part of a building where goods, wares, merchandise or articles are stored in bulk for sale in wholesale quantities but does not include a premise where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Township of Plummer Additional Zoning By-law File P-2320 Page 61 Wind Farm Means a collection of wind turbines all in the same geographical location which are used in combination for the generation of mechanical or electrical generation. Wind Turbine Means a machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Wind Turbine, Commercial Means a wind turbine where the mechanical or electrical energy is sold commercially for profit or gain. Workshop - see Custom Workshop Wrecking Yard - see Salvage Yard Township of Plummer Additional Zoning By-law File P-2320 Page 62 Yard Means 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 [see Figure 3.13]. Yard, Front Means a yard extending across the full width of the lot between the front lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a main building closest to the front lot line [see Figure 3.13]. Yard, Rear Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building [see Figure 3.13]. Yard Sale Means the occasional or infrequent sale (e.g. one or two days annually) of household goods, clothing, furniture, tools, recreational equipment or other second hand articles or sundry items, usually by the households on an individual property, and may include a joint sale by neighbours on the same street or a joint sale at a school, a place of worship or other location. Yard, Side Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line [see Figure 3.13]. Yard, Side Exterior Means a side yard adjacent to a street [see Figure 3.13]. Yard, Side - Interior Means a side yard other than an exterior side yard [see Figure 3.13]. Township of Plummer Additional Zoning By-law File P-2320 Page 63 Figure 3.13 Township of Plummer Additional Zoning By-law File P-2320 Page 64 Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zone Regulation Means any provision of this By-law which is listed under the heading "Zone Regulations" and includes anything which is applicable to the zone or use. Zoning Administrator Means the officer, employee or such other person as may from time-to-time be designated by Council charged with the duty of enforcing the provisions of this By-law. Township of Plummer Additional Zoning By-law File P-2320 Page 65 Section 4 GENERAL PROVISIONS Explanatory Note The General Provisions section of the By-law sets out regulations which apply regardless of the specific zoning (Section 5). While the zones provide site specific controls corresponding to such items as permitted uses and other restrictions, the General Provisions provide regulations more general in nature, applying to a variety of uses regardless of zoning. Development must comply with all applicable provisions in the General Provisions in addition to the requirements of the specific zone standards set out in Section 5. 4.1 Accessory Buildings, Structures and Uses 4.1.1 General Where a lot is devoted to a permitted use, customary accessory uses, buildings and structures are authorized except: 1. All accessory uses, buildings and structures to a permitted principle use shall be located on the same lot and in the same zone as the principle use. 2. The use of any accessory building for human habitation is not permitted except where specifically listed as a permitted use. 3. No accessory use shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building. This provision shall be exempted for: a. Lots with water frontage under Section 4.11.1 (2); b. A shelter for use by children waiting for a school bus, if such use is located in a Rural Zone (R) or an Agriculture (A) Zone; c. Any farm produce outlet if such structure is located in a Rural Zone (R) or an Agriculture (A) Zone; d. A freestanding satellite dish or solar panel; e. A communications facility); f. A sign erected in compliance with the provisions of this By-law or a By-law enacted under the Municipal Act; g. A temporary car shelter; provided that all such structures are set back a minimum of 3m [9.84 ft.] from the front lot line or exterior side yard lot line. Township of Plummer Additional Zoning By-law File P-2320 Page 66 h. On a lot with lake frontage in the RR, SR and R zones, a detached private garage may be constructed as an accessory building to a permitted residential use in the front yard between an approved dwelling and an improved street or a private road provided the private garage: (i) Shall have a maximum of two vehicle bays; (ii) Shall not exceed one-storey in building height; (iii) Shall have a minimum setback from an improved street or a private road of 7.5 m; (iv) Shall have a minimum interior side yard of 5 m, and (v) That Section 4.8 of this by-law shall not apply (see Figure 4.0). 4. No accessory building shall be erected closer than 1.5 m [4.9 ft.] to any interior side lot line or rear lot line or 3 m [9.84 ft.] from the main building. 5. Common semi-detached private garages or carports may be centred on the mutual side lot line. 6. Accessory uses, excluding swimming pools shall not cover more than 5% of the lot area in any Residential Zone of 50% in any other Zone. Figure 4.0 Township of Plummer Additional Zoning By-law File P-2320 Page 67 7. The use of an accessory building or structure for the keeping of animals other than domestic pets is not permitted in any Residential Zone. 8. Any building or structure which is attached to the main building shall not be considered an accessory building or structure (example: garage, carport, balcony, deck). 9. A non-commercial wind turbine shall be permitted in a Rural (R) Zone or an Agricultural (A) Zone provided the setback from any property line is equivalent to the height of the structure including the propeller blade. 10. Despite Section 4.1.1 (3) and (4) above, a boat house, dock or wharf may be located in the front yard, side yard or rear yard where a lot abuts a navigable waterway, provided that the boat house, dock or wharf is not located closer than 5 m [16.4 ft.] to the nearest adjacent lot line or does not encroach on adjacent lot frontage when the lot boundaries are extended into the water (see Figure 4.1). 11. No accessory building shall be erected prior to the erection of the main building on the same lot, except where it is necessary for the storage of the tools, and materials for the use in connection with the construction of the main building or structure. Figure 4.1 Township of Plummer Additional Zoning By-law File P-2320 Page 68 4.1.2 Swimming Pools Private swimming pools, both above-ground and in-ground and both open and covered, shall be permitted subject to the By-laws of the Municipality regarding swimming pools and the following requirements: 1. Outdoor Open Pools a. Open Pool areas shall be totally enclosed by a fence constructed with vertically boarded wood, chain link, masonry, plastic, metal construction or a material having an equivalent degree of strength and having no rails or other horizontal or diagonal bracing or attachments on the outside that may facilitate climbing and shall have no opening with a horizontal dimension greater than 75 mm [2.4 inches] and having a minimum height of 1.5 metres [4.9 ft.] above the established grade and which shall be installed to include a self-closing and self-latching gate which shall be placed at the top of the gate on the pool side; b. Where a pool is an above-ground pool, any combination of the pool wall, surrounding fence or structure totaling a minimum of 1.5 m [4.92 ft.] in height above the established grade shall be deemed to meet the fencing requirements of subsection 4.1.2(1)(a) provided that a self-latching gate or equivalent arrangement is installed to prevent unauthorized entry; c. A wall or walls of a building or buildings may form part of a swimming pool fence provided that all openings affording access from a building directly to an enclosed swimming pool area is/are equipped with a locking device located not less than 1.5 metres [4.9 ft.] from the bottom of the floor; d. Any building or structure, other than a dwelling, required for changing clothing or pumping, filtering or storage or any similar purposes shall comply with the provisions respecting accessory uses and structures. e. No part of an outdoor swimming pool including an associated apron or platform which is in a front or side yard shall be constructed closer to a street line than the requirements for a main building in the zone within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure, and; f. Notwithstanding the foregoing, outdoor swimming pools which are accessory to hotels and motels may be located in the front yard provided the swimming pool meets all other requirements of this By-law. g. A hot tub shall be exempted from the fence provisions provided that the hot tub is adequately secured by a cover equipped with a self-locking device, Township of Plummer Additional Zoning By-law File P-2320 Page 69 which cover shall be kept locked in place over the tub when the tub is not in use. 2. Indoor Swimming Pools Indoor pools shall comply to the accessory building requirements contained in subsection 4.1.1 or to the zone requirements where the pool is part of the main building. 4.2 Auto Service Station, Gas Bar, Car Washing Establishment Notwithstanding any other provisions contained in this By-law, for all zones within which an auto service station, gas bar, and/or car washing establishment is permitted the following shall apply: 1. Pump Island Location The minimum distance between the pump island, pumps and their related overhead canopies and any lot line shall be 10 m [32.8 ft.]. 2. Where a car washing establishment abuts a residential zone, the following requirements will apply: a. Notwithstanding any other requirements of this By-law for a lot abutting lands zoned for residential use, a car washing establishment shall not be permitted on any lot having a lot area of less than 3,000 m2 [32,292 ft.2] and shall be located on such lot no 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 car washing establishment. c. The building shall be so designed that vehicles will egress from the building after washing and drying operations by means of a door located in the wall of the building which is furthest removed from the lot line(s) which abut lands which are zoned for a residential use. d. A landscaped area of not less than 6 m [19.6 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. 4.3 Basement or Cellar No basement or cellar or part thereof of any building shall be used as a dwelling unit. 4.4 Bed and Breakfast Establishments A bed and breakfast establishment shall be permitted as an accessory use to any permitted single detached dwelling subject to the following requirements: 1. The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling. Township of Plummer Additional Zoning By-law File P-2320 Page 70 2. A bed and breakfast establishment shall only be permitted where listed as an accessory use in the zone in which the lands are located. 3. Bed and breakfast establishments shall not be subject to the home based business requirements of Section 4.14 of this By-law. 4. The requirements of the local Health Unit, where applicable, can be met. 5. One (1) sign may be permitted to advertise the bed and breakfast establishment that shall not exceed 1 m2 [10.76 ft2] in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated by lights where the illumination is directed directly onto the sign. 6. A breakfast service shall be provided to guests. 7. The building in which the bed and breakfast establishment is located shall comply with all applicable Building Code and Fire Code regulations. 8. The bed and breakfast establishment shall comply with the parking regulations of Section 4.25 and Table 3 of this By-law. 4.4A Boat Houses and Boat Ports 1. One (1) only single storey one-bay boat house or boat port not exceeding 20 m2 [215 ft.2] shall be permitted per lot as an accessory use to a permitted residential use within a defined shoreline activity area (see Figure 4.3). 2. A boat port shall remain open sided and unenclosed. 3. A boat house shall not be used for sleeping accommodation or human habitation. No services other than electricity or pumped water used for cleaning purposes shall be permitted within the boat house or boat port and the exterior illumination shall be designed to minimize light pollution. 4. A flat roofed boat house may be used as a roof-top deck or patio. 5. The maximum height of a boat house or boat port shall be 5 m [16.4 ft.]. 6. No dredged materials from a lake bed or water body shall be used in the construction or support of a boat house or boat port. 7. The provisions for boat houses or boat ports shall not apply to a marina. Township of Plummer Additional Zoning By-law File P-2320 Page 71 4.5 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. 4.6 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 as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act. 4.7 Cumulative Standards Notwithstanding 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. (Example: 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.) 4.7A Docks 1. Docks shall be constructed of non-toxic building materials and located within a defined shoreline activity area. 2. Any component of a dock located above the high water mark and designed to anchor the dock to the land shall be excluded from the calculation of the maximum dock area except where the entire dock is constructed parallel to the shoreline in which case the entire deck area of the dock shall be included in the calculation. 3. Docks for a permitted residential use property shall comply with the following zone regulations: a. Maximum dock area: 45 m2 [452 ft.2] b. Minimum dock width: 1.2 m [4 ft.] c. Maximum dock length: 15 m [49.2 ft.] except for shallow water where the measurement of the length may commence at a mean average water depth of 1 m [3.2 ft.] d. Minimum interior side yard measured at the high water mark on the shoreline: 5 m [16.4 ft.] e. Maximum number of docks per lot: 1except for a water access only dock. 4. No dock shall be permitted which constitutes a navigation or safety hazard. 5. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be constructed which will exceed 20% of the width of the water body measured from the high water mark. 6. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be permitted. Rocks used to fill cribs shall be clean and free of soil, taken or imported from land but not from a lake Township of Plummer Additional Zoning By-law File P-2320 Page 72 or river bottom or shoreline. Docks consisting of solid in-water structures shall not be permitted. 7. The location of a dock shall not extend into the water beyond the extension into the water of the side lot line of any neighbouring property. 8. Boatlifts shall be located within or adjacent to the specified dock and constructed in with an open design with no enclosed walls. Gazebos or other structures designed to enclose a dock shall not be permitted. Figure 4.2 Township of Plummer Additional Zoning By-law File P-2320 Page 73 4.8 Established Building Line in Built-up Area Notwithstanding any other provision or regulation of this By-law, in any Residential Zone (see Section 5.2 for list of zones), the front yard setback for a residential building to be constructed between existing buildings or adjacent to existing buildings which are separated by no more than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing residential buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.2]. 4.9 Exception Zone Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being made to one or more of the standards of that zone for a specific area governed by the By- law. All other provisions of the By-law shall continue to apply. A number after the "-X" (e.g. R- X1) indicates the order of the various exception zones. 4.10 Flood Plain No dwelling shall be constructed or extended or expanded below the regulatory flood elevation of any water body and no person shall use any land or erect, alter or use any building or structure in the flood plain of any water body except in accordance with the following provisions: 4.10.1 Permitted Uses Within the Flood Plain 1. Buildings or structures intended for flood or erosion control or slope stabilization; 2. All buildings and structures in existence on the day of the passing of this By-law; 3. Conservation Use excluding any buildings or structures; 4. Forestry Use excluding any buildings or structures; 5. Parks excluding any buildings or structures; 6. Hydro-electric generating facilities; 7. Marine Facility; 8. Marina; and 9. Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility. 4.10.2 Prohibited Uses Buildings and structures shall not be permitted to locate in hazardous lands where the use is: Township of Plummer Additional Zoning By-law File P-2320 Page 74 1. An institutional use associated with hospitals, a day nursery, a continuum-of-care facility, and a school, where there is a threat to the safe evacuation of the sick, the elderly, persons with disabilities or the young during an emergency as a result of flooding, failure of flood proofing measures or protection works or erosion. 2. An essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, which would be impaired during an emergency as a result of flooding, the failure of flood proofing measures and/or protection works, and/or erosion; and 3. Associated with the disposal, manufacture, treatment or storage of hazardous substances. 4.10.3 Flood Plain Zoning Standards 1. Any new building or structure or any expansion of or addition to any buildings or structures permitted in the flood plain after the day of the passing of this By-law must incorporate appropriate engineered construction techniques which reduce or eliminate the risks of flood damage or damage from unstable slopes. 2. Modification of the flood plain through the placing or dumping of fill, excavation, changing the channel of any water body or diverting a water course within the prescribed limits of the fill lines is prohibited unless otherwise permitted by the agency having jurisdiction 3. Where no flood elevation or flood line has been established, the setback from the high water mark shall be 30 m [98.4 ft.] (See also Section 4.21.5). 4.11 Frontage on a Street No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected has sufficient frontage on an improved street which is maintained year round by the municipality or the province. No development shall be permitted on a Municipal Road which is Seasonally Maintained as shown on Schedule 'A1' to the Zoning By-law, unless the land use is a seasonal use only. Any use of land which requires year round access on a seasonally maintained road shall be prohibited. 4.11.1 Exemptions Despite the above frontage on an improved street shall be exempted for: 1. A dwelling located on an existing private road and does not require the extension of the private road and is located on an existing lot of record. 2. A dwelling located on an island provided there is adequate access to public parking and docking facilities on the mainland. Township of Plummer Additional Zoning By-law File P-2320 Page 75 3. A resource related use on Crown Land. 4. A communications facility. 5. A public utility. 6. A wayside pit or quarry. 7. Any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities. 8. An existing use located on a resource access road. 4.11.2 Exception for Existing Agreements 1. Despite Section 4.11.1 where a maintenance or subdivision agreement exists between the Municipality and a land owner and is registered on title, frontage on an unassumed, unopened or unmaintained public right-of-way shall be deemed to comply to the provisions of this section, provided that such frontage is in conformity with the standards set out in the corresponding zone or any exception thereto. 2. Despite Section 4.11.1, where a legal right-of-way registered on title and provides for a right-of-way to an existing lot which is developed for a single detached dwelling or seasonal dwelling as of the date of approval of this By-law, such uses shall be deemed to comply with the provisions for access of this By-law. 4.12 Garden Suites Subject to the, the passing of Site Specific Temporary Use By-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory dwelling to a permitted main residential use provided that the minimum lot area is 450 m² [4,844 ft²] in area, that the maximum net floor area is 50 m² [538 ft.²], that the maximum height of the Garden Suite is 6 m [19.6 ft.] or the average height of the main buildings on the subject and abutting lots, whichever is the lesser, that the garden suite is located in a rear yard or interior side yard and meets the minimum yard and lot coverage requirements set out in the corresponding zone and is set back a minimum of 3 m [9.8 ft.] from any rear yard or side lot line. 4.13 Group Homes A group home shall be permitted in all zones that allow residential uses. 4.14 Home Based Businesses 4.14.1 Scope of Permitted Home Based Businesses The following home based businesses shall be permitted in Bruce Station and Rydal Bank (Hamlets) in any zone which permits a home based business: Township of Plummer Additional Zoning By-law File P-2320 Page 76 1. Professional and consulting services including but not limited to an architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker. 2. Instructional services including but not limited to music lessons, dance, art, academic tutoring. 3. Home craft businesses including but not limited to quilter, potter, jeweler, painter/visual artist, small scale assembler. 4. A Day nursery. 5. Distribution sales office or mail order sales including but not limited to cosmetics, clothing or small household appliance. 6. An office for a contractor and trades plumber, electrician. 7. Repair services including but not limited to small appliances, computers and not including auto repair and similar services. 8. High technology uses including but not limited to internet services, office call centre services, desktop publishing, computer hardware and software development. 9. Personal care services including but not limited to a hairdresser, barber, massage therapist, aesthetician. 10. Sale of bait for recreational fishing purposes. 11. Pet grooming, but not including overnight keeping of animals. 12. A Catering establishment. 13. A Studio. 4.14.2 Criteria for Home Based Businesses See Table 1 for criteria. 4.15 Home Industries 4.15.1 Scope of Permitted Home Industries The following home industries shall be permitted in any Rural (R) Zone or any non- residential zone which permits a residential use: 1. Any of the home based businesses listed in Section 4.14.1. Township of Plummer Additional Zoning By-law File P-2320 Page 77 2. Any secondary use to a permitted agricultural use including a home based business (as set out above),uses that produce value-added agricultural products from the farm operation on the property, a farm produce outlet, a welding or repair shop, commercial school bus or commuter transportation service, a retail outlet for farm supplies and machinery or other home industry. 3. The sale of firewood. 4. An appliance repair. 5. A kennel (see Section 4.16). 4.15.2 Criteria for Home Industries See Table 1 for criteria. Table 1 - Criteria for Home Based Businesses and Home Industries Description Bruce Station & Rydal Bank Rural Area Maximum # home based businesses 1 (one) only 1 (one), excluding a business associated with principle use of the property (i.e. farming, lodge etc.) Maximum Floor Area of home based business Dwelling only 25% up to 46 m2 [495 ft.2] 25% up to 46 m2 [495 ft.2] Accessory Building only 93 m2 [1,000 ft.2] 111 [1,200 ft.2] Combined 111 m2 [1,200 ft.2] 139 m2 [1,500 ft.2] Outdoor Storage Not permitted Materials and equipment, only if fully screened by opaque perimeter fence 1.8 m (6 ft.) in height Indoor storage -dwelling or accessory building Permitted within maximum floor area. Excludes commercial vehicles, portable equipment used off-site and trailers. Permitted within maximum floor area. Excludes commercial vehicles, portable equipment used off-site and trailers. Maximum Number of Employees 3(three) on-site including owner/occupant(s) 4(four) on-site including owner/occupant(s) Township of Plummer Additional Zoning By-law File P-2320 Page 78 Table 1 - Criteria for Home Based Businesses and Home Industries Description Bruce Station & Rydal Bank Rural Area Number of Parking Spaces Maximum of three spaces for business (additional to residential spaces) Maximum of five spaces for business (additional to residential spaces) Parking Area Coverage Shall not exceed 15% of lot area Shall not exceed 5% of lot area No parking on front lawn No parking on front lawn Commercial Vehicles Maximum of three may be parked on-site Maximum of three may be parked on-site Trailers Maximum of one, one-axle if parked behind front building line or in an accessory building. No maximum if parked behind front building line or stored in accessory building Hours of Business for shipping/receiving or receiving clients 7:00 am - 9:00 pm 7:00 am - 9:00 pm Signs Maximum of 1 (one) Maximum of 1 (one) Maximum sign area of 0.4 m2 (4.3 ft.2) Maximum sign area of 0.8 m2 (8.6 ft.2) Must be non-illuminated Must be non-illuminated Maximum sign height 2 m (6.56 ft.) Maximum sign height 2 m (6.56 ft.) Minimum front yard setback 3 m (9.84 ft.) Minimum front yard setback 3 m (9.84 ft.) 4.16 Kennel A kennel shall only be permitted as an "Exception Zone" to the Rural (R) Zone. 4.17 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 is unsafe for development by reason of unstable bedrock, unstable soils, steep slopes, low lying or marshy conditions, or unstable character. 4.18 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 approval required by this or any other By-law of the Township of Plummer Additional or by any other provincial or federal law in force from time to time. Township of Plummer Additional Zoning By-law File P-2320 Page 79 4.19 Loading Requirements For every building or structure hereafter erected for a commercial, institutional or industrial use, involving the frequent shipping, loading or unloading of persons, animals, wares, merchandise or other goods, there shall be provided and maintained loading facilities or spaces in accordance with the following requirements: 1. Each loading space shall have a minimum height clearance of 4.5 m [14.7 ft.] and shall be at least 4 m [13.1 ft.] wide by 14 m [45.9 ft.] long. 2. Loading spaces shall be located inside a building or structure, an open rear yard, or an open side yard, on the same lot on which the main use is located, provided such a loading space shall be in an area whose distance from a lot line to a building or structure is not less than 3 m [9.84 ft.] or 6 m [19.6 ft.] from the boundary of any residential zone and shall have unobstructed ingress and egress to and from a street by means of a driveway, land or aisle of a minimum width of 3.5 m [11.4 ft.]. 3. The number of required loading spaces shall be based on net floor area of the building or structure as follows: a. One (1) loading space for 0 - 500 m2 [5382.1 ft.2] of net floor area. b. Two (2) loading spaces for 500 - 2000 m2 [5382.1 ft.2 - 21,505 ft.2] of net floor area. c. Three (3) loading spaces for over 2000 m2 [21,505 ft.2] of net floor area. 4. The loading space requirements stated in 3 (a) - (c) shall not apply to buildings or structures in existence as of the date of passing of this By-law but shall apply to areas of any expansion or enlargement to such buildings or structures for which building permits have been issued after the date of passing of this By-law. 4.20 Mine Hazards No person shall use any lands identified as having a mine hazard. 4.21 Minimum Distance Separation and Special Setbacks Notwithstanding anything in this By-law to the contrary, no person shall use any land, building or structure unless the use, building or structure complies with the following: 1. Waste Management Facility a. No sensitive land use shall be permitted within 500 m [1,640 ft.] of a waste management facility measured from the lot line of the sensitive land use to the lot line of the waste management facility. b. No development or land use shall be permitted within 30 m [98.4 ft.] of the (licensed) fill area of an active waste management facility. c. No waste management facility shall be permitted within 30 m [98.4 ft.] from any watercourse, lake or pond. Township of Plummer Additional Zoning By-law File P-2320 Page 80 d. In addition no waste management facility shall be permitted on land covered by water or in any area subject to flooding (see Section 4.10). 2. Pits and Quarries a. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone boundary of a pit measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the pit or the nearest face of the excavation, whichever is the closest. b. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the quarry or the nearest face of the excavation, whichever is the closest. 3. Industrial Uses a. Class I Industrial - Light Industrial: The minimum separation distance from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class I Industrial Use. b. Class II Industrial - Medium Industrial: The minimum separation distance from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be 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. c. Class III Industrial - Heavy Industrial: The minimum separation distance from a sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be measured as the shortest horizontal distance between the lot lines of the sensitive land use to the lot line of the Class III Industrial Use. d. Where an industrial use or sensitive land use is an existing use and an expansion or extension is proposed, the minimum separation distance shall be measured from the nearest main wall of the building or structure occupied by the sensitive land use and the nearest main wall of the building, structure, processing area, assembly or manufacturing area occupied by the industrial use. 4. Minimum Distance Separation Formulae I and II a. The Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs shall apply to new or expanding livestock facilities and the establishment of residential uses or vice versa on properties adjacent or in proximity to livestock operations. b. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac] created after the date of passing of this By-law shall comply with the Minimum Distance Separation Formulae I as amended by the Province from time to time, where applicable. The Minimum Distance Separation Formulae I shall not apply to lots of record 1 ha [2.47 ac] or less. c. Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be Township of Plummer Additional Zoning By-law File P-2320 Page 81 reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased. d. Despite paragraphs 4. a. - c. above, the Minimum Distance Separation Formulae I and II shall not apply to sensitive land uses located within an urban settlement area. 5. Water Bodies Subject to Section 4.10, the minimum setback from the high water mark for a dwelling, a non-residential or accessory building or structure or an individual on-site sewage service shall be 30 m [98.4 ft.] except for a marine facility The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile bed to the high water mark. 6. Wetland 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 significant wetland or fish habitat. 4.22 Non-Conforming Uses 1. Continuance of Existing Uses Nothing in this By-law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law so long as it continues to be used for that purpose. The non-conforming use of any land, building or structure shall not be changed except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, or without permission from the Committee of Adjustment pursuant to the Planning Act. 2. Prior Building Permits Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the passing of this By- law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act. 3. Road Widening Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the exterior side yard setback, as a result of a road widening taken by the Township of Plummer Additional or the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with. Township of Plummer Additional Zoning By-law File P-2320 Page 82 4. Reconstruction of Existing Use If a non-conforming building or structure should be damaged or destroyed, nothing in this By-law shall prevent such a building or structure from being restored and strengthened to a safe condition, provided the height, size and volume are not increased. If a non-complying building or structure should be damaged or destroyed, nothing in this By-law shall prevent such a building or structure from being restored and strengthened to a safe condition, provided the extent of non-compliance is not increased. 5. Addition to Existing Building or Structure Nothing in this By-law shall prevent the extension or addition to a building or structure which is used for a purpose specifically permitted within the zone in which such building or structure is located and which building or structure existed at the date of passing of this By-law but which building or structure does not comply with one or more of the zone requirements of this By-law, provided such extension or addition does not further reduce the requirements of this By-law. 6. Existing Undersized Lots Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage and/or lot area than is required by this By-law according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By-law, it may be used for a purpose permitted in the zone in which the said lot is located, provided that no such lot has a lot frontage of less than 12 m [42.6 ft.] in an R1, R2 or R3 Zone or 30 m in a Rural (R) or Agricultural (A) Zone or a lot area of less than 300 m2 [3,229.2 ft.2] in an R1, R2 or R3 Zone or 1,400 m2 [15,069.9 ft.2] in a Rural (R) or Agricultural (A) Zone or cannot be adequately serviced with water and sewage services and provided all other applicable provisions in this By-law are complied with. 4.23 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof: 1. Any private garage or other building or structure which is accessory to a residential use. 2. Any truck, bus, recreational vehicle, coach or streetcar body whether or not the same is mounted on wheels. 4.24 Open Storage and Outdoor Display No person shall use any lot or part thereof for open storage, or outdoor display except as permitted by this By-law and as an area which has been specifically designed and set aside for Township of Plummer Additional Zoning By-law File P-2320 Page 83 such purpose, is fully integrated with the main use of the lot and is in accordance with the following: 1. Open storage shall not be permitted within any required front yard and no closer than 5 m [16.4 ft.] to any interior side lot line or rear lot line. 2. Where open storage areas abut a Residential Zone (see Section 5.2 for list of zones), the required setback of the open storage area shall be increased 10 m [32.8 ft.] and shall also be visually screened from any residential use. 3. An outdoor display area shall be permitted as an accessory use to any permitted commercial use, industrial use or public service use provided that the outdoor display area does not reduce any required parking area or loading space required by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a temporary (i.e. weekend) or a yard sale shall be permitted to occupy a designated parking area. 4.25 Parking, Storage of Motor Vehicles and Drive-Through Facilities 4.25.1 General 1. Except as provided herein, no motor vehicles shall be parked or stored in any zone (see Section 5.2 for list of zones) unless the motor vehicle is located within a garage, carport, driveway, parking area, on a street as permitted by Municipal By-law. 2. No parking space in a Residential Zone (see Section 5.2 for list of zones) shall be used for the outdoor parking or storage of a motor vehicle unless such motor vehicle is used in operations incidental to the residential use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid. 3. The parking requirements for commercial vehicles shall be as set out in Table 2: Table 2 - Parking Requirements for Commercial Vehicles Commercial Vehicles in a Residential Zone in Bruce Station or Rydal Bank  Maximum vehicle capacity - ≤9,072 kg GVWR (Gross Vehicle Weight Ratio) [20,000 lbs.]  Vehicle shall be parked in a private garage or behind the front building line if screened by a fence from the adjacent property  Vehicle shall be operated by the owner or occupant  Commercial vehicle trailer not permitted  Provisions for home based business apply (see Section 4.14 - Home Based Businesses Commercial Vehicles in a zone permitting a residential use in a  Maximum vehicle capacity - ≤9,072 kg GVWR (Gross Vehicle Weight Ratio) [20,000 lbs.] per axle. Maximum three axles.  Vehicle shall be parked in a private garage or behind the front Township of Plummer Additional Zoning By-law File P-2320 Page 84 rural zone building line if screened by a fence from the adjacent property  Provisions for home based business apply (see Section 4.14 - Home Based Businesses 4. Any recreational vehicle which is self-propelled or does not require to be transported on a trailer shall be permitted in a Residential Zone (see Section 5.2 for list of zones) provided it is parked in a permitted parking space or is located in an interior side yard or rear yard. 5. Each standard parking space or vehicle space in a stacking lane shall have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and each barrier-free parking space shall have a minimum width of 3 m [9.8 ft.] and a minimum length of 6 m [19.6 ft.]. 6. Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or structure on any lot, then the off-street parking requirements for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. 7. The requirements for parking spaces shall not apply to any building or structure in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area or a change in use occurs than parking spaces for the addition or area changed in use shall be provided. 8. Supplementary requirements for parking spaces for dwellings in Residential Zones (see Section 5.2 for list of zones) shall be as follows; a. The driveway and parking space shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials. b. No more than fifty per cent (50%) of the area of any required front yard shall be used or constructed as a driveway or parking space. c. No more than fifty per cent (50%) of the lot frontage as defined by this By-law shall be used or constructed as a driveway or parking space. 9. Supplementary requirements for a parking area for more than four motor vehicles shall be as follows: a. The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials. b. Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is angled. Township of Plummer Additional Zoning By-law File P-2320 Page 85 c. A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed for two-way vehicular circulation. 10. Except where permitted in this By-law, the required parking in any Residential Zone shall be provided on the same lot as the main use. In any General Commercial (GC) or Highway Commercial (HC) Zone, required parking spaces shall be provided within 100 m [328 ft.] of the building or structure or the lot the parking spaces are intended to serve, subject to any agreement, deed or renewable lease which provides for same. 11. Where the calculation of the minimum number of parking spaces required results in a fraction, the minimum requirement shall be the next higher whole number. 4.25.2 Barrier Free Parking One barrier free parking space shall be required for any use requiring 10 standard parking spaces or more and barrier free parking spaces shall be provided at a ratio of one barrier free parking space for each 25 standard parking spaces and shall be included as part of the total number of standard parking spaces required. 4.25.3 Stacking Lanes Stacking lanes for any drive-through facility shall be designed to accommodate eight (8) vehicles. 4.25.4 Schedule for Parking Requirements In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking spaces in accordance with the minimum number of parking spaces set out in Table 3 as follows: Township of Plummer Additional Zoning By-law File P-2320 Page 86 Table 3 - Schedule for Parking Requirements USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential:  Accessory dwelling  Converted dwelling  Mobile home  Park Model Trailer  Seasonal dwelling  Semi-detached dwelling  Single detached dwelling  Two-unit dwelling 2 spaces per dwelling unit Residential:  apartment dwellings  multiple dwelling  row or townhouse  triplex dwelling 1.5 space per dwelling unit, 15% of which shall be reserved for visitor parking  senior citizen dwelling 0.5 space per dwelling unit plus one space for any staff attendant Animal Hospital 1 space per 30 m2 [322.9 ft.2] of gross floor area Auto body shop, auto repair shop, automotive service station, gas bar 3 spaces per service bay plus 1 space per employee; minimum 6 spaces Assembly hall, auction hall, auditorium, banquet facility, dance hall, entertainment establishment, stadium, theatre and similar places of assembly, place of worship The greater of 1 space for every 4 seats or 1 space for every 12 m2 [129.1 ft.2] of assembly space Bed and Breakfast Establishment 1 space for each guest room available to the travelling public in addition to the required parking for the dwelling Township of Plummer Additional Zoning By-law File P-2320 Page 87 Table 3 - Schedule for Parking Requirements USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Building supply store, lumber yard, garden centre, nursery, equipment and vehicle storage yard 1 space for each 22 m2 [236.8 ft.2] of gross floor area and 1 space for each 35 m2 [376.2 ft.2] of open storage Clinic 3 spaces per medical practitioner Convenience store 1 space per 18 m2 [193.7 ft.2] of gross floor area Continuum-of-Care Facility 1 space for every 6 patient beds plus 1 space for every 4 employees Crisis Care Facility 2 spaces minimum in addition to the required parking for a dwelling or if not located in a dwelling, 1 space per 38 m2 [409 ft.2] of gross floor area Day nursery 1 space per employee and 1 space per 5 children or 1 space for every 15 children registered or fraction thereof Drive-through facility 1 parking space per 10 m2 [107.64 ft.2] Equipment Rental Establishment, Equipment Sales Establishment, Equipment Service and Repair Establishment 1 space per 35 m2 [376.7 ft.2] of open storage or gross sales area plus 1 space per employee Funeral Parlour 30 parking spaces for the first 30 m2 [322.9 ft.2] of gross floor area plus 1 space for each additional 15 m2 [161.4 ft.2] of gross floor area Garden centre and nursery 1 space per 30 m2 [322.9 ft.2] of gross floor area General business, antique store, bake shop, bank, retail store, grocery store, commercial and personal service establishment, dry cleaning establishment office, meeting rooms, office, service outlet, 1 space per 28 m2 [301.3 ft.2] of gross floor area Township of Plummer Additional Zoning By-law File P-2320 Page 88 Table 3 - Schedule for Parking Requirements USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Group Home 2 spaces plus the required parking for the dwelling Hotel, Motel, tourist establishment 1 space per guest unit, plus 1 space per 12 m2 [129.1 ft.2] of gross floor area dedicated to administrative, banquet and meeting facilities Industrial use, abattoir, agriculturally related commercial/industrial use, bakery 1 space per 30 m2 [322.9 ft.2] of gross floor area Miniature Golf Course 1 space for every two golf holes Place of amusement, recreational commercial establishment 1 space for every 4 persons that can be accommodated Place of worship 1 space for every 5 seats, fixed or otherwise Restaurant, Tavern, Tea Room 1 parking space per 10 m2 [107.64 ft.2] School - elementary 1.5 spaces per classroom plus 6 spaces for visitors School - secondary or private 4 spaces per classroom plus 8 spaces for visitors 4.25.5 Drive-Through Facilities 1. Drive-Through Facilities are a permitted use in the General Commercial (GC), and Highway Commercial (HC) and Recreational Commercial (RC) zones; 2. A drive-through facility is a principal use in combination with another use, neither of which may be construed as being accessory to the other, and all regulations pertaining to each use shall apply; 3. The minimum dimensions of a vehicle space in a stacking lane shall be 2.7 m x 6 Township of Plummer Additional Zoning By-law File P-2320 Page 89 m; 4. No part of an order board shall be located closer than 10 m from the property boundary of any other property occupied by or zoned for a residential use; 5. No part of any stacking lane shall be permitted to be located in a front yard; and 6. All drive-through facilities shall conform to the requirements for parking areas set out in Table 3. 4.26 Parts of Buildings or Structures Permitted Above Height Level 1. The height regulations in this By-law shall not apply to any of the following: a. Air conditioning system b. Chimney c. Church spire or belfry or turret d. Communications facility e. Drying tower f. Elevator or stairway enclosure g. Enclosed mechanical and electrical equipment h. Farm buildings and structures including but not limited to a barn, silo or windmill i. Flag pole j. Hydro electric transmission tower or pole k. Ornamental dome or clock tower l. Receiving and transmitting antenna m. Receiving stations n. Satellite dish o. Skylight p. Solar collector panels q. Ventilating fan or skylight r. Water tower s. Wind Turbine 2. The minimum setbacks in all directions for a communications facility shall be the equivalent of the height of the tower except where such facility is authorized and/or approved by Industry Canada. A communications facility associated with a dwelling unit utilized for personal or household purposes shall comply with the setback provisions of the zone in which the dwelling unit is located. 4.27 Permitted Projections Every part of any yard required by this By-law shall be left open and unobstructed by any structure from the ground to the sky except that those structures listed in Table 4 shall be permitted to project into the minimum yards required by this By-law for the following specified distances: Township of Plummer Additional Zoning By-law File P-2320 Page 90 Table 4 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters, solar collectors where attached to a building, shutters cornices, parapets or other ornamental structures 0.75 m [2.46 ft.] into any required front yard, rear yard or interior side yard Canopies which are at least 2.13 m [7 ft.] in vertical clearance above the established grade, with or without supporting posts 2 m [6.5 ft.] into any required yard Canopies for entrances to apartment buildings and commercial buildings Despite any other provisions in this By-law, a canopy or portico over a major entrance to an apartment building or commercial building may project into the required yard a distance equal to one-half (½) the setback of the building from the street line Window awnings 1.2 m [3.9 ft.] into any required yard Steps, ramps for use by handicapped, and walkways No maximum into any required yard Porch, uncovered platform landing, patio or deck, balconies or steps No maximum into any side yard and 3 m [9.8 ft.] into any required front or rear yard Air conditioner 0.5 m [1.6 ft.] into any yard Fire escapes, exterior stair cases from a building having two storeys or more above grade 1.5 m [4.92 ft.] into an interior side or rear yard only Heat pump 1.5 m [5 ft.] into an interior side yard or rear yard Accessory building As permitted by and as specified in this By-law Fences, hedges, shrubs, trees, freestanding walls, flagpoles, light standards, garden trellises, clothes lines and similar structures or features No restrictions apply except with respect to a sight triangle Township of Plummer Additional Zoning By-law File P-2320 Page 91 4.27A Shoreline Activity Area 1. A shoreline activity area is the portion or cumulative portions of a shoreline frontage of a lot within the required setback from the high water mark where accessory shoreline structures such as docks, boat houses, boat ports, or other accessory structures such as pump houses, a viewing stand, a gazebo shall be permitted, and where there is access to the water for activities such as swimming, boat launching (see Figure 4.3). 2. To maintain an appropriate balance between a natural shoreline and built form within the waterfront, shoreline activity areas shall be focused within a defined area of the shoreline frontage of a lot. The extent of shoreline activity areas shall be based on the defined areas as follows: a. A maximum of 25% of the shoreline frontage up to 23 m [75.4 ft.] of a residential waterfront lot and extending inward from the high water mark to a depth not exceeding 15 m. b. A maximum of 33% of the shoreline for a tourist commercial and institutional use and extending inward from the high water mark to a depth not exceeding 20 m. c. A maximum of 50% of the shoreline for a marina use. Figure 4.3 Township of Plummer Additional Zoning By-law File P-2320 Page 92 4.28 Sight Triangle 1. Within any area defined as a sight triangle, the following uses shall be prohibited: a. A building, structure, or use which would obstruct the vision of drivers of motor vehicles. b. A fence, tree, hedge, bush or other vegetation, other than agricultural crops. c. Any portion of a delivery space, loading space, driveway or parking space. d. A berm or other ground surface which exceeds the elevation of the street by more than 0.6 m [1.96 ft.]. 2. For the purposes of this By-law, the following sight triangle distances shall apply (see definition of sight triangle for measurement of distances): a. 15 m [49.2 ft.] in all commercial and industrial zones. b. 5 m [16.4 ft.] 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 forty-five metres (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 [see Figure 4.4]. 4.29 Signs Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the Signs By-law(s) of the Corporation. 4.30 Streets and Parks In any zone established by this By-law, streets, walkways, bike paths and parks are permitted. 4.31 Temporary Buildings or Structures During Construction Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required. In addition, temporary accommodation for a business 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, relocatable, portable or transportable building or structure provided: 1. Approval is obtained from the Corporation. Figure 4.4 Township of Plummer Additional Zoning By-law File P-2320 Page 93 2. Such temporary accommodation is removed from the lot immediately upon completion of construction or abandonment of construction. 4.32 Use by Public Authority or Public Utility 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 a public service by the Township of Plummer Additional and/or any public authority, any department of the Government of Ontario or Canada, including any Ontario Power Generation, Hydro One facilities and a federally or provincially regulated utility of communication service pursuant to the Planning Act, provided that where such land, building or structure is located in a Residential Zone (see Section 5.2 for list of zones) or on a lot adjacent to a Residential Zone: 1. No goods, materials or equipment shall be stored in the open. 2. The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with. 3. Any building erected under the authority of this section shall not be used for the purpose of an office except for a government building. 4. The requirements for parking spaces and loading requirements as contained in this By-law shall be complied with. 5. Communications facilities shall comply with Industry Canada Standards for construction and safety. A communications facility shall only be permitted in a Rural or Industrial Zone (subject to Sections 4.26 (1) (d), 4.26 (2)). 4.33 Water and Sewage Disposal Systems No person shall erect or use in whole or in part, any building or structure unless the use, building or structure is properly connected to approved water and sewage systems under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act or prohibited or regulated by this By-law. 4.34 Zones Applying to More than One Properties 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. Township of Plummer Additional Zoning By-law File P-2320 Page 94 Section 5 ZONES 5.1 Zone Classification For the purposes of this By-law, the Township of Plummer Additional is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the attached Schedules which are attached to and form part of this By-law. 5.2 Zones Zones Name of Zone Zone Symbol Residential Zones Residential Low Density R1 Multiple Residential MR Seasonal Residential SR Commercial Zones General Commercial GC Highway Commercial HC Recreational Commercial RC Industrial Zones Rural Industrial GM Mineral Extraction MX Waste Management M4 Rural Zones Rural R Agricultural A Open Space O Open Space Wetland OSW Township of Plummer Additional Zoning By-law File P-2320 Page 95 Zones Mine Hazard MH Rural Residential RR 5.3 Interpretation of Zone Boundaries When determining the boundary of any zone as shown on any Schedule forming part of this By- law, the following provisions shall apply: 1. A boundary indicated as following a highway, street, private road or lane shall follow the centre line of such highway, street, private road or lane. 2. A boundary indicated as following a water body or the right-of-way of a railway or an electrical, gas or oil transmission line shall follow the centre line of such water body or right- of-way. 3. A boundary indicated as following the high water mark shall follow such high water mark, and in the event of a change in the high water mark, the boundary shall be construed as moving with the actual high water mark. 4. A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines. 5. Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (1), (2), and (3) above, and the distance from such street line or other feature is not indicated, and clause (4) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate Schedule. 6. A boundary indicated as following the limits of the Municipality shall follow such limits. 7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-of-way shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way. Township of Plummer Additional Zoning By-law File P-2320 Page 96 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE 6.1 Residential Low Density (R1) Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Residential Low Density - R1 zone except in accordance with the following provisions. 6.2 Permitted Main Uses 1. Duplex Dwelling 2. Single Detached Dwelling 3. Semi-detached dwelling 4. Group Home subject to Section 4.13 5. Park or Playground 6. Public Authority Use or Public Utility subject to Section 4.32 6.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Apartment or Apartment-in-a-House 3. Bed and Breakfast Establishment subject to Section 4.4 4. Garden Suite subject to Section 4.12 5. Home Based Business subject to Section 4.14 6.4 Zone Requirements The zone requirements for permitted uses in the R1 Zone shall be as set out in Table 6.4. Table 6.4 - R1 Zone Requirements Single Detached Dwelling Semi-detached or Duplex Dwelling Dwellings on Municipal Water Minimum Lot Area per Dwelling Unit 0.4 ha [1 ac.] on on-site water and sewage services 0.3 ha [0.74 ac.] on on- site water and sewage services 2,023 m2 [21,780 ft.2] on partial services Minimum Lot Frontage 50 m [164 ft.] 60 m [196.8 ft.] 30 m [98.4 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Interior Side Yard 3 m [9.8 ft.] 3 m [9.8 ft.] 3 m [9.8 ft.] Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Township of Plummer Additional Zoning By-law File P-2320 Page 97 Table 6.4 - R1 Zone Requirements Single Detached Dwelling Semi-detached or Duplex Dwelling Dwellings on Municipal Water Interior Side Yard or Rear Yard 1.5 m [4.9 ft.] 1.5 m [4.9 ft.] 1.5 m [4.9 ft.] Maximum Height Requirements Main Building 11 m [36 ft.] 11 m [36 ft.] 11 m [36 ft.] Accessory Building 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 15% 15% 35% Accessory Building 5% 5% 5% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.8 ft.] 3 m [9.8 ft.] 3 m [9.8 ft.] Maximum Number of Dwelling Unit Requirements Maximum Number Dwellings per Lot 1 subject to Section 6.5.2 1 subject to Section 6.5.2 1 subject to Section 6.5.2 6.5 Additional Provisions 1. The minimum interior side yard shall not apply to the party wall shared between two semi- detached dwelling units. 2. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the Planning Act and shall only be permitted as an accessory use to a single detached dwelling. 3. All applicable provisions of Section 4 - General Provisions shall apply. 4. A park or playground shall not be subject to the minimum lot area or lot frontage requirements of the R1 Zone, but hall comply with the setback requirements of Table 6.4 6. A storage container shall not be permitted as an accessory use in the Residential Low Density (R1) Zone. 6.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 98 Section 7 MULTIPLE RESIDENTIAL (MR) ZONE 7.1 Multiple Residential Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Multiple Residential - MR Zone except in accordance with the following provisions. 7.2 Permitted Main Uses 1. Apartment Dwelling 2. Converted Dwelling 3. Group Housing project 4. Park or Playground 5. Public Authority Use or Public Utility subject to Section 4.32 6. Rowhouse or Townhouse 7.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Apartment or Apartment-in-a-House to a Rowhouse or Townhouse only 3. Home Based Business subject to Section 4.14 7.4 Zone Requirements The zone requirements for permitted uses in the MR Zone shall be as set out in Table 7.4. Table 7.4 - MR Zone Requirements All Dwelling Types Minimum Lot Area 2,000 m2 [21,528.5 ft.2] on municipal water services or 0.4 ha [1 ac.] on on-site water and sewage services Minimum Lot Frontage 60 m [96.8 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard 7.5 m [24.6 ft.] Interior Side Yard 5 m [16.4 ft.] Rear Yard 7.5 m [24.6 ft.] Township of Plummer Additional Zoning By-law File P-2320 Page 99 Table 7.4 - MR Zone Requirements All Dwelling Types Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 1.5 m [4.9 ft.] Maximum Height Requirements Main Building 15 m [49.2 ft.] Accessory Building 6 m [19.6 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 15% Accessory Building 5% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.8 ft.] 7.5 Additional Provisions 1. The minimum interior side yard shall not apply to the party wall shared between two rowhouse or townhouse dwelling units. 2. All applicable provisions of Section 4 - General Provisions shall apply. 3. A park or playground shall not be subject to the minimum lot area or lot frontage requirements of the R1 Zone, but shall comply with the setback requirements of Table 6.4 4. The requirements of Table 7.4 shall apply to a rowhouse or townhouse Group or Group Housing or Group Housing Project and may include semi-detached dwellings in the housing mix provide the following requirements are met: Township of Plummer Additional Zoning By-law File P-2320 Page 100 a. The minimum lot area shall be the combined total of the lots areas based on 1,500 m2 [16,146.3 ft.2] per dwelling unit. b. The minimum lot frontage shall be 30 m [98.4 ft.]. c. The maximum number of dwellings shall be 25. d. The minimum separation distance between dwellings shall be 6 m [19.6 ft.]. 7.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 101 Section 8 SEASONAL RESIDENTIAL (SR) ZONE 8.1 ¸Seasonal Residential Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Seasonal Residential - SR Zone except in accordance with the following provisions. 8.2 Permitted Main Uses 1. Seasonal Dwelling 2. Park or Playground 3. Public Authority Use or Public Utility subject to Section 4.32 8.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Home Based Business subject to Section 4.14 8.4 Zone Requirements The zone requirements for permitted uses in the SR Zone shall be as set out in Table 8.4. Table 8.4 - SR Zone Requirements Seasonal Dwelling Minimum Lot Area 1 ha [2.47 ac] per dwelling unit Minimum Lot Frontage 50 m [164 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard - Road or Street Side 7.5 m [24.6 ft.] Front Yard for Water Access lots only 30 m [98.4 ft.] Interior Side Yard 1.2 m [3.9 ft.] Rear Yard 10 m [32.8 ft.] Rear Yard for Lots Abutting Water 30 m [98.4 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 5 m [16.4 ft.] Township of Plummer Additional Zoning By-law File P-2320 Page 102 Table 8.4 - SR Zone Requirements Seasonal Dwelling Maximum Height Requirements Main Building 11 m [36 ft.] Accessory Building 6 m [19.6 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 5% Accessory Building 2% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.8 ft.] Maximum Number of dwelling units Per Lot 1 8.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. The requirements of Table 7.4 shall apply to a rowhouse or townhouse Group or Group Housing or Group Housing Project and may include an apartment dwelling and a semi- detached dwellings in the housing mix as follows: a. The minimum lot area shall be 500 m2 [5,382.1 ft.2] per dwelling unit. b. The minimum lot frontage shall be 30 m [ 98.4 ft.]. c. The maximum number of dwellings shall be 25. d. The minimum separation distance between dwellings shall be 6 m [19.6 ft.]. 8.6 Zone Exception 1. The Provisions of Section 4.11 of this By-law shall not apply to Lots 11, 12, 13, and 14 of Plan H542 known locally as the Copper Bay subdivision and shall be described as the Seasonal Residential Special Exception One (SR-X1) Zone. 2. On lands zoned Seasonal Residential Special Exception Two (SR-X2) Zone, the maximum number of seasonal dwellings per lot shall be three and the construction or reconstruction of any sewage disposal system shall take place a minimum horizontal linear distance of 300 m [984 ft.] from the shoreline of Caribou Lake or its tributaries. Township of Plummer Additional Zoning By-law File P-2320 Page 103 Section 9 GENERAL COMMERCIAL (GC) ZONE 9.1 General Commercial Zone Regulations No person shall use any land or erect, alter or use any building or structure in the General Commercial (GC) Zone except in accordance with the following provisions. 9.2 Permitted Main Uses 1. Art Gallery 2. Bakery 3. Bank 4. Convenience Store 5. Day Nursery 6. Drive-through Facility 7. Funeral Home 8. Institutional Use 9. Office 10. Park or Playground 11. Personal Service Establishment 12. Private Club 13. Private School 14. Public Authority Use or Public Utility subject to Section 4.32 15. Restaurant 16. Retail Store 17. Service Outlet 18. Studio 19. Tavern or Road House 20. Video Rental Outlet 9.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Dwelling Unit 3. Home Based Business subject to Section 4.14 9.4 Zone Requirements The zone requirements for permitted uses in the GC Zone shall be as set out in Table 9.4. Township of Plummer Additional Zoning By-law File P-2320 Page 104 Table 9.4 - GC Zone Requirements Commercial Uses Minimum Lot Area 0.4 ha [1 ac.] Minimum Lot Area - Individual On-Site Services 1 ha [2.47 ac.] Minimum Lot Frontage 60 m [196.8 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard 7.5 m [26.4 ft.] Interior Side Yard 1.5 m [4.92 ft.] Rear Yard 7.5 m [26.4 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 1.5 m [4.92 ft.] Maximum Height Requirements Main Building 11 m [36 ft.] Accessory Building 6 m [19.6 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) All buildings and Accessory Uses 25% Minimum Net Floor Area for a Dwelling Unit 40 m2 [430 ft.2] 9.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. Township of Plummer Additional Zoning By-law File P-2320 Page 105 2. No part of any parking space shall be located closer than 3 m [9.84 ft.] to any lot line which abuts a residential zone. 3. No accessory dwelling unit shall be located in a building occupied by an automotive use. 9.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 106 Section 10 HIGHWAY COMMERCIAL (HC) ZONE 10.1 Highway Commercial Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Highway Commercial (HC) Zone except in accordance with the following provisions. 10.2 Permitted Main Uses 1. Ambulance Facility 2. Antique Store 3. Animal Hospital 4. Auto Body Shop 5. Auto Repair Garage 6. Automotive Sales Establishment 7. Automotive Service Station 8. Automotive Washing Establishment 9. Bed and Breakfast Establishment 10. Building Supply Store 11. Car Rental Agency 12. Commercial Greenhouse, Nursery or Garden Centre 13. Convenience Store 14. Drive-through Facility 15. Dry Cleaning Distribution Station 16. Equipment Rental Establishment 17. Farm Produce Outlet 18. Flea Market 19. Furniture and home Supply Store 20. Gas Bar 21. Gasoline Cardlock Facility 22. Grocery Store 23. Motel 24. Office 25. Personal Service Establishment 26. Place of Amusement 27. Printing and Publishing Establishment 28. Public Authority Use or Public Utility subject to Section 4.32 29. Recreational Commercial Establishment 30. Recreational Vehicle Sales and Storage 31. Restaurant 32. Self-storage Facility 33. Service Outlet or Shop 34. Tavern or Road House Township of Plummer Additional Zoning By-law File P-2320 Page 107 35. Tourist Commercial Retail Store 36. Tourist Establishment 37. Veterinary Establishment 38. Video Rental Outlet 39. Workshop 40. Warehouse 41. Wholesale Establishment 10.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Dwelling Unit 3. Open Storage Area 4. Outdoor Display Area 5. Retail Store Accessory to a Permitted Main Use 10.4 Zone Requirements The zone requirements for permitted uses in the HC Zone shall be as set out in Table 10.4. Table 10.4 - HC Zone Requirements All Uses Minimum Lot Area 1 ha [2.47 ac.] Minimum Lot Frontage 60 m [196.8 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard 10 m [32.8 ft.] Interior Side Yard 6 m [19.6 ft.] Rear Yard 10 m [34.4 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 3 m [9.84 ft.] Maximum Height Requirements Main Building 11 m [36 ft.] Accessory Building 8 m [26.2 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 45% Township of Plummer Additional Zoning By-law File P-2320 Page 108 Table 10.4 - HC Zone Requirements All Uses Accessory Building 5% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.84 ft.] Occupancy Maximum number of dwelling units per lot 1 10.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 10.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 109 Section 11 RECREATIONAL COMMERCIAL (RC) ZONE 11.1 Recreational Commercial Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Recreational Commercial (RC) Zone except in accordance with the following provisions. 11.2 Permitted Main Uses 1. Bed and Breakfast Establishment 2. Campground 3. Forestry Use 4. Golf Course 5. Marina 6. Motor Sports Facility 7. Outdoor Recreational Facilities 8. Public Authority Use or Public Utility subject to Section 4.32 9. Recreational Commercial Establishment 10. Restaurant 11. Tourist Establishment 11.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Dwelling Unit 3. Retail Store Accessory to a Permitted Main Use 11.4 Zone Requirements The zone requirements for permitted uses in the RC Zone shall be as set out in Table 11.4. Table 11.4 - RC Zone Requirements All Uses Minimum Lot Area 2 ha [4.9 ac.] Minimum Lot Frontage 60 m [196.8 ft.] Minimum Yard Requirements - Main Building Front, Rear, Exterior Side, Interior Side Yards 10 m [32.8 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 3 m [9.84 ft.] Maximum Height Requirements Township of Plummer Additional Zoning By-law File P-2320 Page 110 Table 11.4 - RC Zone Requirements All Uses Main Building 11 m [36 ft.] Accessory Building 8 m [26.2 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 10% Accessory Building 5% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.84 ft.] Occupancy Maximum number of dwelling units per lot 1 Minimum Net Floor Area for a Dwelling Unit 40 m2 [430 ft.2] 11.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Despite the provisions above, the minimum lot area for a Bed and Breakfast establishment or a Restaurant may be reduced to 1 ha [2.47 ac.] and the maximum lot coverage to 25%. 3. Despite the provisions for lot coverage, the maximum lot coverage for a marina shall be 20% 11.6 Zone Exceptions 1. Part of Lots 8 and 9, Concession 4 in Plummer Township. (By-law 2016-30) (i) That the minimum required lot frontage of 60 m in Section 11.4 be reduced to 30 m. (ii) That the applicant be required to enter into a site plan agreement under Section 41 of the Planning Act and that at a minimum, the site plan agreement contain provisions for a landscaping plan to maintain/restore a 30 m vegetation buffer along the shoreline of the Thessalon River, the location of any water access and docking, the location of all existing and proposed buildings and structures and the location and requirements for sewage disposal. Township of Plummer Additional Zoning By-law File P-2320 Page 111 Section 12 RURAL INDUSTRIAL (GM) ZONE 12.1 General Industrial Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Rural Industrial (GM) Zone except in accordance with the following provisions. 12.2 Permitted Main Uses 1. Auto Body Shop 2. Auto Repair Garage 3. Bulk Fuel Depot 4. Bulk Storage Yard 5. Class I Industry 6. Class II Industry 7. Class III Industry 8. Construction Yard or Contractor's Yard 9. Public Authority Use or Public Utility subject to Section 4.32 10. Salvage Yard 11. Self-storage Facility 12. Service Outlet or Shop 13. Transportation Depot or Truck Terminal 14. Warehouse 15. Welding Shop 12.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Open Storage Area 3. Outdoor Display Area 12.4 Zone Requirements The zone requirements for permitted uses in the GM Zone shall be as set out in Table 12.4. Table 12.4 - GM Zone Requirements All Uses Minimum Lot Area 2 ha [4.9 ac.] Minimum Lot Area - Salvage Yard 10 ha [24.7 ac.] Minimum Lot Frontage 100 m [328 ft.] Minimum Yard Requirements - Main Building (see also Section 4.20.3) Township of Plummer Additional Zoning By-law File P-2320 Page 112 Table 12.4 - GM Zone Requirements All Uses Front, Rear, Exterior Side, Interior Side Yards 15 m [49.2 ft.] Front, Rear, Exterior Side, Interior Side Yards - Salvage Yard 30 m [98.4 ft.] Minimum Yard Requirements - Accessory Building (see also Sections 4.1 and 4.20.3) Interior Side Yard or Rear Yard 5 m [16.4 ft.] Maximum Height Requirements Main Building 15 m [49.2 ft.] Accessory Building 8 m [26.2 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) All Buildings and Structures 60% Minimum Separation Distance Between Buildings Requirements Between the Perimeter of any salvage area and the main wall of a dwelling on an adjacent lot 100 m [328 ft.] 12.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. (See Section 4.21.3). 2. The building setback shall be exempted for that portion of any lot that abuts a railroad right- of-way. 3. Despite the permitted uses listed in Section 12.2, no Class II or Class III Industrial Use shall be permitted in a Hamlet. 12.6 Zone Exceptions 1. GM-X1 - Cooks Stn Corp.: minimum lot frontage shall be 42 m [137.7 ft.]. Township of Plummer Additional Zoning By-law File P-2320 Page 113 Section 13 MINERAL EXTRACTION (MX) ZONE 13.1 Mineral Extraction Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Mineral Aggregate Resource (MX) Zone except in accordance with the following provisions. 13.2 Permitted Main Uses 1. Agricultural Use (not including buildings and structures) 2. Forestry Use (not including buildings and structures) 3. Manufacturing of cement. Concrete, pavement, brick or granular, or other similar materials including an asphalt or ready mix concrete plant 4. Pit 5. Portable Asphalt Plant 6. Portable Concrete Plant 7. Public Authority Use or Public Utility subject to Section 4.32 8. Quarry 9. Wayside Pit 10. Wayside Quarry 13.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Open Storage Area 3. Crushing and screening facilities, administration facilities, weigh stations, gate house. security kiosk 13.4 Zone Requirements The zone requirements for permitted uses in the MX Zone shall be as set out in Table 13.4. Table 13.4 - MX Zone Requirements All Permitted Main Uses Minimum Lot Area 4 ha [9.8 ac.] Minimum Lot Frontage 200 m [656 ft.] Minimum Yard Requirements - Main Building Township of Plummer Additional Zoning By-law File P-2320 Page 114 Front, Rear, Exterior Side, Interior Side Yards 15 m [49.2 ft.] Minimum Yard Requirements - Accessory Building All Yards 15 m [49.2 ft.] Minimum Excavation Setbacks Site Boundary 15 m [49.2 ft.] from the boundary (lot line) of the site Highway 30 m [98.4 ft.] from any part of the boundary that abuts a highway or public street Residential Use 30 m [98.4 ft.] from the boundary of any land in use for residential purposes Water Body 30 m [98.4 ft.] from any body of water that is not the result of excavation below the water table Maximum Height Requirements Main Building 15.25 m [50 ft.] Accessory Building 11 [36 ft.] 13.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. See Section 4.21.2. 13.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 115 Section 14 WASTE DISPOSAL (MWD) ZONE 14.1 Waste Disposal Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Waste Disposal (MWD) Zone except in accordance with the following provisions. 14.2 Permitted Main Uses 1. Public Authority Use or Public Utility subject to Section 4.32 2. Recycling Station or Transfer Depot 3. Waste Management Facility 14.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Open Storage Area 14.4 Zone Requirements 1. Minimum Lot Area: 8 ha [19.7 ac.] 2. Minimum Yard Requirements (all yards): 30 m [98.4 ft.] 3. The provisions of Section 4.21.1 shall apply. 14.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. See Section 4.21.1. 14.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 116 Section 15 RURAL (R) ZONE 15.1 Rural Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Rural (R) Zone except in accordance with the following provisions. 15.2 Permitted Main Uses 1. Agricultural Use 2. Ambulance Facility 3. Commercial Greenhouse, Nursery or Garden Centre 4. Communications Facility 5. Conservation Use 6. Dwelling, Mobile Home 7. Dwelling, Seasonal 8. Dwelling, Single Detached 9. Equestrian Establishment 10. Farm Produce Outlet 11. Forestry Use 12. Park 13. Place of Worship 14. Portable Sawmill 15. Wayside Pit 16. Wayside Quarry 15.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Dwelling 3. Accessory Apartment or Apartment-in-a-House 4. Bed and Breakfast Establishment subject to Section 4.4 5. Farm Vacation Establishment 6. Garden Suite subject to Section 4.12 7. Home Industry accessory to an existing dwelling unit subject to Section 4.15 15.4 Zone Requirements The zone requirements for permitted uses in the R Zone shall be as set out in Table 15.4. Table 15.4 - R Zone Requirements All Permitted Uses Minimum Lot Area 1 ha [2.47 ac.] Township of Plummer Additional Zoning By-law File P-2320 Page 117 Table 15.4 - R Zone Requirements All Permitted Uses Minimum Lot Frontage 60 m [196.8 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard 10 m [32.8 ft.] Interior Side Yard 10 m [32.8 ft.] Rear Yard 10 m [32.8 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 3 m [9.84 ft.] Maximum Height Requirements Main Building 12.5 m [41 ft.] Accessory Building 6 m [19.6 ft.] Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 5 m [16.4 ft.] Maximum No. Dwellings per Lot 1 except where a Garden Suite is permitted 15.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. All development shall comply with the provisions of Section 4.21.4 - Minimum Distance Separation Formulae I and II. 3. Despite anything in Table 15.4 to the contrary, the minimum yard requirements for any yard for a wayside pit or wayside quarry shall be 15 m [49.2 ft.]. 4. No part of any accessory building used for the purposes of a kennel rezoned for such use or public stable shall be located closer than 300 m [984 ft.] to the main wall of a residential use on an adjacent lot. 5. A garden suite is permitted subject to a Temporary Use By-Law under Section 39 of the Planning Act. Township of Plummer Additional Zoning By-law File P-2320 Page 118 15.6 Zone Exceptions 1. Despite the provisions of Section 15.2, on Part of Lot 4, Concession 6, geographic Township of Plummer Additional, the list of permitted uses shall recognize a closed landfill site. Township of Plummer Additional Zoning By-law File P-2320 Page 119 Section 16 AGRICULTURAL (A) ZONE 16.1 Agricultural Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Agricultural (A) Zone except in accordance with the following provisions. 16.2 Permitted Main Uses 1. Abattoir 2. Agricultural Use 3. Agriculturally Related Commercial/Industrial Use 4. Commercial Greenhouse, Nursery or Garden Centre 5. Communications Facility 6. Conservation Use 7. Dwelling, Mobile Home 8. Dwelling, Single Detached 9. Equestrian Establishment 10. Farm 11. Farm Produce Outlet 12. Forestry Use 13. Livestock Facility 14. Livestock Sales Outlet 15. Maple Syrup Processing Establishment 16. Wayside Pit 17. Wayside Quarry 16.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Dwelling 3. Accessory Apartment or Apartment-in-a-House 4. Bed and Breakfast Establishment subject to Section 4.4 5. Farm Vacation Establishment 6. Garden Suite subject to Section 4.12 7. Home Industry accessory to an existing dwelling unit subject to Section 4.15 16.4 Zone Requirements The zone requirements for permitted uses in the A Zone shall be as set out in Table 16.4. Township of Plummer Additional Zoning By-law File P-2320 Page 120 Table 16.4 - A Zone Requirements All Permitted Uses Non-Residential Uses Minimum Lot Area 1 ha [2.47 ac.] 4 ha [9.8 ac.] Minimum Lot Frontage 60 m [196.8 ft.] 75 m [246 ft.] Minimum Yard Requirements - Main Building Front Yard 10 m [32.8 ft.] Exterior Side Yard 10 m [32.8 ft.] 7 m [22.9 ft.] Interior Side Yard 10 m [32.8 ft.] 5 m [16.4 ft.] Rear Yard 10 m [32.8 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 3 m [9.84 ft.] Maximum Height Requirements Main Building 11 m [36 ft.] 12.5 m [41 ft.] Accessory Building 6 m [19.6 ft.] Maximum Lot Coverage 10% 20% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 5 m [16.4 ft.] Maximum No. Dwellings per Lot 1 except where a Garden Suite is permitted Minimum Net Floor Area per Dwelling Unit or Mobile Home 65 m2 [699 ft.2] 16.5 Additional Provisions 1. All development shall comply with the provisions of Section 4.21.4 - Minimum Distance Separation Formulae I and II. 2. Despite anything in Table 16.4 to the contrary, the minimum yard requirements for any yard for a wayside pit or wayside quarry shall be 15 m [49.2 ft.]. 3. No part of any accessory building used for the purposes of a kennel rezoned for such use or public stable shall be located closer than 300 m [984 ft.] to the main wall of a residential use on an adjacent lot. Township of Plummer Additional Zoning By-law File P-2320 Page 121 4. A garden suite is permitted subject to a Temporary Use By-Law under Section 39 of the Planning Act. Township of Plummer Additional Zoning By-law File P-2320 Page 122 Section 17 OPEN SPACE (OS) ZONE 17.1 Open Space Zone Regulations 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. 17.2 Permitted Main Uses 1. Cemetery 2. Conservation Use 3. Community Centre 4. Forestry Use 5. Heritage or Historical Site 6. Park or Playground 7. Place of Worship 8. Public Authority Use or Public Utility subject to Section 4.32 9. Recreational and athletic Facilities such as an arena, baseball field, basketball or tennis courts, skateboard park or hiking trails 10. School 17.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Parking Area 17.4 Zone Requirements The zone requirements for permitted uses in the OS Zone shall be as set out in Table 17.4. Table 17.4 - OS Zone Requirements All Uses Minimum Lot Area -- Minimum Lot Frontage -- Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard, Interior Side Yard, Rear Yard 10 m [32.8 ft.] Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 3 m [9.84 ft.] Maximum Height Requirements Township of Plummer Additional Zoning By-law File P-2320 Page 123 Table 17.4 - OS Zone Requirements All Uses Main Building 10 m [32.8 ft.] Accessory Building 5 m [16.4 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) All Buildings and Structures 10% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.84 ft.] 17.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Despite the list of permitted uses above, only a conservation use is permitted in an Open Space Wetland (OSW) Zone and provided that no buildings or structures shall be constructed except those which are conservation-related. 3. An existing single detached dwelling existing seasonal dwelling and existing accessory uses to the forgoing shall be permitted in the OSW zone subject to the following provisions: the lot area, lot frontage and yard setbacks shall be those that existed on the date of the passing of this By-law. 17.6 Zone Exceptions Township of Plummer Additional Zoning By-law File P-2320 Page 124 Section 18 MINE HAZARD (MH) ZONE 18.1 Mine Hazard Regulations No person shall use any land or erect, alter or use any building or structure in the Mine Hazard Zone area except in accordance with the following provisions. 1. Development is prohibited in a Mine Hazard (MH) Zone 2. The setback from the zone boundary or limit of any Mine Hazard zone for any development shall be a minimum of 30 m [92.8 ft.]. Township of Plummer Additional Zoning By-law File P-2320 Page 125 Section 19 RURAL RESIDENTIAL (RR) ZONE 19.1 Rural Residential Zone Regulations No person shall use any land or erect, alter or use any building or structure in the Rural Residential - RR Zone except in accordance with the following provisions. 19.2 Permitted Main Uses 1. Seasonal Dwelling 2. Single Detached Dwelling 3. Park or Playground 4. Public Authority Use or Public Utility subject to Section 4.32 19.3 Permitted Accessory Uses, Buildings and Structures 1. Accessory Uses, Buildings and Structures subject to Section 4.1 2. Accessory Apartment or Apartment-in-a-House 3. Bed and Breakfast Establishment subject to Section 4.4 4. Garden Suite subject to Section 4.12 5. Home Based Business subject to Section 4.14 19.4 Zone Requirements The zone requirements for permitted uses in the RR Zone shall be as set out in Table 19.4. Table 19.4 - RR Zone Requirements Seasonal and Single Detached Dwelling Minimum Lot Area 1 ha [2.47 ac] per dwelling unit Minimum Lot Frontage 50 m [164 ft.] Minimum Yard Requirements - Main Building Front Yard or Exterior Side Yard - Road or Street Side 7.5 m [24.6 ft.] Front Yard for Water Access lots only 30m [98.4 ft.] Interior Side Yard 1.2 m [3.9 ft.] Rear Yard 10 m [32.8 ft.] Rear Yard for Lots Abutting Water 30 m [98.4 ft.] Township of Plummer Additional Zoning By-law File P-2320 Page 126 Table 19.4 - RR Zone Requirements Seasonal and Single Detached Dwelling Minimum Yard Requirements - Accessory Building (see also Section 4.1) Interior Side Yard or Rear Yard 5 m [16.4 ft.] Maximum Height Requirements Main Building 11 m [36 ft.] Accessory Building 6 m [19.6 ft.] Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1) Main Building 5% Accessory Building 2% Minimum Separation Distance Between Buildings Requirements Main Building and any Accessory Building 3 m [9.8 ft.] Maximum Number of dwelling units Per Lot except as provided in Section 19.3 1 19.5 Additional Provisions 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. A park or playground shall not be subject to the lot area or lot frontage requirements of the Rural Residential Zone but shall comply with the setback requirements of Table19.4. 19.6 Zone Exceptions 1. That a Guest Cabin as defined in by-law 2013-13 shall be a permitted use in the RR-X1 Zone.