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City of Port Colborne
Comprehensive Zoning By-law 6575/30/18
April 23, 2018
Table of Contents
Page
No.
Section 1 Administration and Interpretation
1.1 Title
4
1.2 Administration
1.2.1 Conformity and Compliance with By-law
1.2.2 Legal Non-Conforming Uses Continued
1.2.3 Building Permit Issued
4
4
4
4
1.3 Interpretation
1.3.1 Definitions
1.3.2 Singular and Plural Words and Genders
1.3.3 Public Utilities
1.3.4 Schedules
1.3.5 Interpretation of Zone Boundaries
1.3.6 More Than One Zone on a Lot
1.3.7 Establishment of Holding Zones
5
5
5
5
5
5
6
6
1.4 Enforcement
6
1.5
1.6
1.7
1.8
Inspection of Premises
Severability
Effective Date
Technical Changes
6
6
7
7
Section 2 General Provisions
2.1
2.2
Requirement for a Lot
2.1.1 Reduction of a Lot Area
Uses Permitted in All Zones
9
9
10
2.3 Uses Prohibited in all Zones
10
2.4
2.5
2.31 Source Water Protection
Temporary Uses
Human Habitation
11
12
13
2.6
2.7
2.8
Multiple Uses on a Lot
Non-Conforming Buildings and Structures
Accessory Buildings
13
13
14
2.8.1 General Provisions
14
2.8.2 Lot Coverage
15
2.9 Accessory Uses to a Dwelling
15
2.9.1 Accessory Dwelling Unit
15
2.9.1.1 Dwelling Unit, Interior Accessory
15
2.9.1.2 Dwelling Unit, Detached Accessory
16
2.9.2 Home Based Businesses
2.9.2.1 General Provisions
2.9.2.2 Parking Requirements
2.9.2.3 Signage
2.9.2.4 and Breakfast
2.9.2.5 Home Daycare
16
16
17
18
18
19
2.10 Replacement of Buildings and Structures
19
2.10.1 Replacement of Residential Buildings
19
2.10.2 Replacement of Buildings and Structures Other Than
Residential Buildings
20
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.10.3 Reconstruction of Agricultural Buildings and Structures
Group Home
Buildings on One Lot
Sight Triangle
2.13.1 Sight Triangle Distance
2.13.2 Sight Triangle Exemption
Lot Frontage on Roads
Height
2.15.1 How Height is Measured
2.15.2 Height Exceptions
Operating Apparatus
Swimming Pools
20
21
21
22
22
22
22
23
23
23
23
23
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
Outdoor Storage
Permitted Encroachments
2.19.1 General Structures
2.19.2 Enclosed Structures
2.19.3 Unenclosed Structures
Minimum Distance Separation (M.D.S) Formulae
Railway Right-of-Way
Municipal Drains
Food Vehicles
Outdoor Commercial Patio
Storage of Refuse
Cannabis Production Facility
23
23
24
25
25
25
25
25
25
26
26
27
Section 3 Parking Provisions
3.1
Parking Space Requirements
28
3.1.1 Parking Space Requirements for Residential Uses
3.1.2 Parking Space Requirements for Non-Residential Uses
3.1.3 Calculation of Parking Requirement
28
29
29
3.2
Parking Space Dimensions
29
3.3
Accessible Parking
30
3.4
Parking Location
30
3.5
Parking Area
30
3.6
Encroachment into Yards
30
3.7
Ingress and Egress Standards
31
3.8
Additions to Existing Buildings with Legal Non-Conforming Parking
31
3.9
Parking Prohibitions
31
3.9.1 Large Motor Vehicle
3.9.2 Recreation Vehicle, Boat, Recreation Trailer, Utility Trailer
31
31
3.10 Loading Spaces
32
3.11
Landscape Provisions for Parking Areas
32
3.11.1
Landscape Buffer Provisions
32
3.11.2
Minimum Landscaped Open Space within Parking Areas
32
3.12 Drive-Thru Facility
33
3.12.1
Drive-Thru Facility Stacking Lanes
33
3.13 Bicycle Parking Spaces
33
3.13.1
Required Bicycle Parking
33
3.14
Stand Alone Parking Lot
34
Section 4
Establishment of Zones
4.1
List of Zone Names and Symbols
35
4.2
List of Zone Layers
35
4.3
4.4
Special Provisions
Holding (H) Provisions
4.4.1 Development Holding (DH) Provisions
4.4.2 Conversion (CH) Provisions
36
36
36
37
Section 5
First Density Residential Zone (R1)
5.1
General
38
5.2 Permitted Uses
38
5.3
Zone Requirements - Dwelling, Detached
38
Section 6
Second Density Residential Zone (R2)
6.1
General
39
6.2
6.3
6.4
6.5
Permitted Uses
Zone Requirements - Dwelling, Detached
Zone Requirements - Dwelling, Duplex
Zone Requirements - Dwelling, Semi-Detached
39
39
39
40
Section 7
Third Density Residential Zone (R3)
7.1
General
41
7.2
Permitted Uses
41
7.3
Zone Requirements - Dwelling, Semi-Detached
41
7.4
7.5
7.6
7.7
7.8
7.9
Zone Requirements - Dwelling, Duplex
Zone Requirements - Dwelling, Triplex
Zone Requirements - Dwelling, Fourplex
Zone Requirements - Townhouse, Block
Zone Requirements - Townhouse, Street
Zone Requirements - Dwelling, Detached
42
42
42
43
43
43
Section 8
Fourth Density Residential Zone (R4)
8.1
General
45
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
Permitted Uses
Zone Requirements - Dwelling, Triplex
Zone Requirements - Dwelling, Fourplex
Zone Requirements - Dwelling, Townhouse Block
Zone Requirements - Dwelling, Townhouse Street
Zone Requirements - Apartment Buildings, Apartment Buildings, Public
Zone Requirements - Dwelling, Detached
Zone Requirements - Semi-Detached Dwelling
Zone Requirements - Duplex
45
45
45
46
46
47
Section 9
Residential Townhouse Zone (RT)
9.1
General
48
9.2
9.3
9.4
Permitted Uses
Zone Requirements - Dwelling, Townhouse Block
Zone Requirements - Dwelling, Townhouse Street
48
48
48
Section 10
Rural Residential Zone (RR)
10.1
General
50
10.2
Permitted Uses
50
10.3
Zone Requirements - Dwelling, Detached
50
Section 11
Lakeshore Residential Zone (LR)
11.1
General
51
11.2
Permitted Uses
51
11.3
11.4
Zone Requirements - Dwelling Detached or Dwelling, Seasonal
Additional Zone Requirements - Accessory Structures
51
51
Section 12
Hamlet Residential Zone (HR)
12.1
General
52
12.2
12.3
Permitted Uses
Zone requirements - Dwelling Detached
52
52
Section 13
Residential Development Zone (RD)
13.1
General
53
\13.2
13.3
Permitted Uses
Zone Requirements - Dwelling Detached
53
53
Hamlet Development Zone (HD)
14.1
14.2
14.3
General
Permitted Uses
Zone Requirements - Dwelling Detached
53
53
53
Rural (RU)
15.1
General
55
15.2
15.3
15.4
15.5
Permitted Uses
Zone Requirements
Zone Requirements - Agricultural Uses
Zone Requirements - Dwelling Detached
55
55
56
56
15.6
15.7
15.8
Zone Requirements - Accessory Structures to Dwellings
Zone Requirements - Kennels
Zone Requirements - Cannabis Production Facility
56
57
57
Section 16
Agricultural Residential Zone (AR)
16.1
16.2
16.3
16.4
General
Permitted Uses
Zone Requirements - Dwelling Detached
Zone Requirements - Accessory Structures to Dwellings
59
59
59
59
Section 17 Agricultural Zone (A)
17.1
General
61
17.2
17.3
17.4
17.5
17.6
17.7
Permitted Uses
Zone Requirements
Additional Zone Requirements - Accessory Structures to Dwellings
Additional Zone Requirements - Kennels
Additional Zone Requirements - Agri-tourism and Value Added Uses
Additional Zone Requirements - Cannabis Production Facility
61
61
62
62
62
63
Section 18
Agricultural Purposes Only Zone (APO)
18.1
General
64
18.2
18.3
Permitted Uses
Zone Requirements
64
64
Section 19
Neighbourhood Commercial Zone (NC)
19.1
19.2
19.3
19.4
General
Permitted Uses
Zone Requirements
Additional Zone Requirements - Dwelling, Accessory
65
65
65
66
Hamlet Commercial Zone (HMC)
20.1
General
67
20.2
20.3
20.4
Permitted Uses
Zone Requirements
Additional Zone Requirements - Dwelling, Accessory
67
67
68
Mixed Use (MU) Zone
21.1
General
69
21.2
Permitted Uses
69
21.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10
21.11
21.12
Zone Requirements - Non-Residential Buildings and Mixed Use
(Residential and Non-Residential) Buildings
Additional Zone Requirements - Dwelling, Detached
Additional Zone Requirements - Dwelling, Semi- Detached
Additional Zone Requirements - Dwelling, Duplex
Additional Zone Requirements - Dwelling, Triplex
Additional Zone Requirements - Dwelling, Fourplex
Additional Zone Requirements - Dwelling, Townhouse Street
Additional Zone Requirements - Apartment Building, Apartment Building,
Public
Additional Zone Requirements - Dwelling, Accessory
Additional Zone Requirements - Attached Accessory Use
70
70
71
71
72
72
72
73
73
74
Commercial Plaza Zone (CP)
22.1
General
75
22.2
22.3
Permitted Uses
Zone Requirements
75
76
Downtown Commercial Zone (DC)
23.1
General
77
23.2
Permitted Uses
77
23.3
23.4
23.5
23.6
23.7
Zone Requirements
Parking Requirements
Additional Zone Requirements - Apartment Building, Apartment Building,
Public
Additional Zone Requirements - Dwelling, Accessory
Additional Zone Requirements - Attached Accessory Use
78
78
79
79
79
Highway Commercial Zone (HC)
24.1
General
80
24.2
24.3
24.4
24.5
Permitted Uses
Zone Requirements
Additional Requirements - Dwelling, Accessory
Additional Zone Requirements - Attached Accessory Use
80
81
81
81
Marine Commercial Zone (MC)
25.1
General
82
25.2
25.3
Permitted Uses
Zone Requirements
82
82
Light Industrial Zone (LI)
26.1
General
84
26.2
26.3
26.4
26.5
Permitted Uses - Principal
Permitted Uses - Accessory
Zone Requirements
Additional Zone Requirements - Cannabis Production Facility
84
84
85
86
Heavy Industrial Zone (HI)
27.1
General
88
27.2
27.3
Permitted Uses - Principal
Permitted Uses - Accessory
88
88
27.4
27.5
Zone Requirements
Additional Zone Requirements - Cannabis Production Facility
89
90
Mineral Aggregate Operation Zone (MAO)
28.1
General
92
28.2
28.3
Permitted Uses
Zone Requirements
92
92
Gateway Industrial Zone (GI)
29.1
General
93
29.2
29.3
29.4
29.5
Permitted Uses
Permitted Uses - Accessory
Zone Requirements
Additional Zone Requirements - Cannabis Production Facility
93
93
93
95
Industrial Development Zone (ID)
30.1
General
96
30.2
30.3
Permitted Uses
Zone Requirements
96
96
Institutional Zone (I)
31.1
General
98
31.2
31.3
31.4
31.5
Permitted Uses
Zone Requirements
Additional Zone Requirements - Dwelling, Accessory
Additional Zone Requirements - Apartment Building, Public
98
98
99
99
Public and Park (P)
32.1
General
100
32.2
Permitted Uses
100
32.3
Zone Requirements
100
Vacation Residential Zone (VR)
33.1
General
102
33.2
33.3
33.4
Permitted Uses
Zone Requirements
Additional Zoning Requirements - Campground, Permanent
102
103
103
Environmental Protection Zone (EP)
34.1
General
104
34.2
34.3
34.4
Permitted Uses
Zone Requirements
Additional Zone Requirements - Boat House, Boat Ramp, Dock
104
104
105
Hazard Zone (H)
35.1
General
106
35.2
Permitted Uses
106
35.3
35.4
Zone Requirements
Additional Zone Requirements - Boat House, Boat Ramp, Dock
106
107
Environmental Conservation Layer
36.1
General
108
36.2
Permitted Uses
108
36.3
36.4
Overlay Requirements
Additional Overlay Requirements - Boat House, Boat Ramp, Dock
108
109
Special Provisions
37.1
General
110
37.2
38
39
List of Special Provisions
Definitions
Zone Schedules A to A9
110
111
152
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1
Preamble
Introduction
This preamble explains the purpose of this Zoning By-law and how it should be used.
While this preamble does not form part of the Zoning By-law passed by Council it is
intended to make the Zoning By-law more understandable and easier to reference.
Purpose of this Zoning By-law
The purpose of this Zoning By-law is to implement the policies of the City of Port
Colborne Official Plan. The Official Plan contains general policies that affect the use of
land throughout the municipality. These policies specify where certain land uses are
permitted and, in some instances, what regulations should apply to the development of
certain lots. This Zoning By-law replaces the City's former Zoning By-law 1150/97/81.
The City of Port Colborne Official Plan is a general document that is not intended to
regulate every aspect of the built form on a lot. This is generally the role of the Zoning
By-law. Once an Official Plan is in effect, any Zoning By-law passed by Council must
conform to it. For example, if the Official Plan stated that lands in the vicinity of a
significant natural feature such as a Provincially Significant Wetland are to remain in
their natural state, the Zoning By-law would prohibit the construction of buildings or
structures on those lands.
The statutory authority to zone land is granted by the Planning Act R.S.O. 1990, c.p. 13
as amended (the "Planning Act"). The Planning Act specifies what a By-law can
regulate. A Zoning By-law can:
Prohibit the use of a lot or buildings for any use that is not specifically permitted
by the By-law;
Prohibit the construction of siting of buildings and structures on a lot except in
locations permitted by the By-law;
Regulate the type of construction and the height, bulk, location, size, floor area,
spacing and use of buildings or structures;
Regulate the minimum frontage and depth of a lot;
Regulate the proportion of a lot that any building or structure may occupy;
Regulate the minimum elevation of doors, windows or other openings in buildings
or structures;
Require parking and loading facilities be provided and maintained for a purpose
permitted by the By-law; and
Prohibit the use of lands and the construction of buildings or structures on land
that has environmental or archeological constraints.
Description of By-law Components
2
This By-law contains 39 sections which taken together provide the standards applicable
to all lots within the municipality.
The purpose of each of these sections is described below.
Section 1: Administration and Interpretation
This section of the By-law specifies:
What lots are governed by the By-law;
That every lot in the area covered by this By-law shall conform and comply with
this By-law; and
What penalties can be levied against a person or corporation if this By-law is
contravened.
Section 2: General Provisions
This section contains a number of regulations that apply to certain types of uses,
buildings or structures regardless of where in the municipality or in what zone they are
located. For example, this section contains provisions dealing with the construction of
accessory buildings and provisions that regulate the operation of home based business.
Section 3: Parking Provisions
This section provides regulations dealing with the number of parking spaces required for
uses, accessible parking spaces, minimum parking space size, bicycle parking facilities,
and the location of parking facilities on a lot.
Section 4: Establishment of Zones
This section sets out the zones and a list of the uses permitted in each zone. If a use is
not specifically listed as a permitted use in a zone then it is not permitted. In some
zones, certain uses are only permitted under specific circumstances or only together
with other uses.
Section 5 to 36: Zone Provisions
These sections list the uses that are permitted in each zone and layer and contain a
number of regulations that control the location and character of buildings and structures,
and includes, among other things, regulations governing lot size, lot frontage and
building height.
Section 37: Special Provisions
This section provides a consolidated list of lots with special zoning provisions that are
exceptions to the normal zone requirements of this By-law. Lots subject to special
provisions are identified on the map schedules in Section 39.
Section 38: Definitions
3
Definitions in this section provide clarity and consistency in the implementation of this
By-law.
Section 39: Zone Schedules
This section contains maps of the City showing the zoning of each lot and site specific
lot information where applicable.
4
Section 1:
Administration and Interpretation
1.1
Title
This By-law may be cited as "the Zoning By-law".
1.2
Administration
This By-law shall be administered and enforced by the City of Port Colborne
("City") and applies to all lots within the City.
1.2.1 Conformity and Compliance with By-law
No person shall change the use of any building, structure or lot; erect or
use any building or structure; or occupy any building, structure or lot
except in accordance with the provisions of this By-law. Where any
building, structure or lot is used for more than one purpose, all provisions
of this By-law relating to each separate use shall be applied. All
applicable provisions of this By-law apply to an individual lot unless stated
otherwise.
Any use (primary or accessory) not specifically permitted by this By-law is
not permitted. A use defined in Section 38 but not identified as a
permitted use in any zone or by special provision is not permitted.
1.2.2 Legal Non-Conforming Uses Continued
Nothing in this By-law shall prevent the use of any lot, building or structure
for any purpose permitted by this By-law if such lot, building or structure
was lawfully used for such purpose prior to the passing of this By-law
provided that:
a)
Such use, building or structure which was lawfully established prior
to the date of passing of this By-law and continues to be used for
that purpose.
1.2.3 Building Permit Issued
Nothing in this By-law shall prevent the erection or use of any building or
structure for a purpose prohibited by this By-law if the plans for such
building or structure were approved by the Chief Building Official prior to
the date of passing of this By-law provided that:
a)
When the building or structure is erected, it shall be used and shall
continue to be used only for the same purpose for which the said
building or structure was intended when such building permit was
issued.
5
1.3
Interpretation
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other By-law of the City, or any other
regulation, requirement or standard of upper tier governments and agencies,
including but not limited to the Regional Municipality of Niagara, the Province of
Ontario, the Government of Canada, the Canadian National Railway, the Niagara
Peninsula Conservation Authority, the Ministry of Transportation, The Ministry of
Agriculture, Food and Rural Affairs, the Ministry of the Environment and other
Provincial and Federal Ministries, departments and agencies.
Nothing in this By-law shall be construed to exempt any person from complying
with the requirements of the Ontario Building Code or Ontario Fire Code.
1.3.1 Definitions
Unless otherwise defined in Section 38, the words and phrases
used in this By-law have their common, dictionary meaning.
1.3.2 Singular and Plural Words and Genders
In this By-law, unless the context requires otherwise:
a)
Words used in the singular numbers include the plural;
b)
Words used in the plural include the singular number; and
c)
Words used in the masculine gender include the feminine.
1.3.3 Public Utilities
Nothing in this By-law shall prevent the use of any land for the
erection of buildings or structures, or the installation of public works
providing public utilities by a regulated company or government
agency.
1.3.4 Schedules
The Schedules attached to this By-law form part of the By-law.
Schedule A shows the Zones and Zone Boundaries. Schedules A1
through A9 show detailed lot specific information.
1.3.5 Interpretation of Zone Boundaries
When determining the boundary of any zone as shown on the
Schedules forming part of this By-law the following shall apply:
a)
A boundary indicated as following a highway, road (improved
or unimproved), lane, railway right-of-way or utility corridor
shall be construed to be the centreline of such highway,
street, lane, railway right-of-way, utility corridor.
6
b)
A boundary indicated as following a shoreline or a top of
bank shall follow such shoreline or top of bank as located
through survey or other similar means. In the event of a
change in the shoreline or top of bank the boundary shall
move with the actual shoreline or top of bank.
c)
A boundary indicated as following lot lines or the municipal
boundaries of the City of Port Colborne shall follow such lot
lines or municipal boundary.
d)
Where none of the above applies, the zone boundary shall
be scaled from the Schedule(s).
1.3.6 More Than One Zone on a Lot
Where a lot has more than one zone applied thereon, all provisions
in the pertinent zone shall be satisfied on each such portion of the
lot so zoned.
1.3.7 Establishment of Holding Zones
Pursuant to Section 36 of the Planning Act, Holding Zones are
hereby established by the use of the symbol "H" as a suffix to the
zone symbol. For lands subject to a Holding symbol, only those
uses, buildings and structures in existence at the time of the
passing of the By-law applying the Holding symbol will be permitted
and no building or structure shall be altered or erected until the
Holding symbol is removed by amendment to the By-law. The
requirements for lifting each Holding symbol are set out in Section
4.4 and Section 37 of this Zoning By-law.
1.4
Enforcement
Any person or corporation that contravenes any provision of this By-law is guilty
of an offense and upon conviction is liable to the penalties as provided for in the
Planning Act.
1.5
Inspection of Premises
The Director of Planning and Development or any official or employee of the
Municipality acting under his or her direction, is hereby authorized to enter, at all
reasonable hours, upon any property or premises in or about which there is
reason to believe that provisions of this By-law are not being complied with, and
for the purpose of carrying out his or her duties under this By-law.
1.6
Severability
A decision of a court that one or more of the provisions of this By-law are invalid
in whole or in part does not affect the validity, effectiveness or enforceability of
the other provisions or parts of the provisions of this By-law.
7
1.7
Effective Date
This By-law shall come into force the day it is passed.
1.8
Technical Changes
Provided that the purpose, effect, intent, meaning and substance of this By-law
are in no way affected, and as determined by the Director of Planning and
Development, or any official or employee of the Municipality acting under his or
her direction, the following technical revisions to this By-law are permitted without
a Zoning By-law amendment:
a)
Changes to the numbering, cross-referencing, format and
arrangement of the text, tables and maps;
b)
Additions to and revisions of technical information on maps
including but not limited to: infrastructure, topographic information,
notes, legends, shading and title blocks;
c)
Alterations of punctuation; and
d)
Correction of grammatical, dimensional, boundary, mathematical or
typographic errors.
8
BY-LAW 6575/30/18
A By-law to regulate the use of land, the bulk, height, location, erection and use of
buildings and structures, the provision of parking spaces and other associated matters
in the City of Port Colborne.
WHEREAS the City of Port Colborne Official Plan was adopted in September 2012 by
City Council and approved in December 2012 by Regional Council and approved by the
Ontario Municipal Board in November 2013;
AND WHEREAS it is deemed advisable to pass a By-law pursuant to s. 34 of the
Planning Act, R.S.O., 1990, c. P. 13, as amended.
The Council of the Corporation of the City of Port Colborne enacts as follows:
9
Section 2:
General Provisions
2.1
Requirement for a Lot
a)
Except as otherwise provided in this By-law, no building or structure shall
be erected, altered, extended or enlarged except upon a lot nor shall any
land be used for a permitted use unless it comprises a lot; but this
provision shall not prevent the use of any parcel or tract of land for lawfully
existing agricultural purposes excluding the erection or enlargement of any
building or structure except a fence.
b)
Notwithstanding anything contained in this By-law, a parcel which is
situated in any zone, and which lacks either the required lot frontage or lot
area, or both the lot frontage and lot area for the lot in the respective zone,
is and shall be deemed to be a lot provided that:
i)
The description of such parcel is the same as in a deed registered
on or prior to the date of passing of this By-law;
ii)
Such parcel could have been conveyed legally on the date of the
passing of this By-law by way of deed, transfer, mortgage, charge
or agreement of purchase and sale without consent under Section
50 of the Planning Act, being Chapter 349 of the Revised Statutes
of Ontario, 1970, as amended from time to time.
iii)
All relevant regulations made under the Public Health Act and all
relevant regulations required of the Regional Municipality of
Niagara or any other authority having jurisdiction are complied with
including septic requirements;
iv)
All other requirements of the applicable zone are complied with,
and where said parcel qualified under this section as a deemed lot,
said deemed lot may be used for the purposes as permitted in the
zone in which it is located, notwithstanding that it does not comply
with the area and frontage requirements of that zone; and
2.1.1 Reduction of Lot Area
a)
No person shall reduce the lot area or make any changes in the
dimensions of a lot as required by this By-law by the conveyance or
alienation of any portion thereof or otherwise, except at the discretion of
the Committee of Adjustment or except by a conveyance in accordance
with Section 2.1.1 (b), so that any building or structure on such lot shall
have a lot coverage that exceeds or a front yard depth, side yard depth,
rear yard depth, lot frontage, lot area or lot depth that is less than that
permitted by this By-law but does not include a registered use.
10
b)
Where the area of a lot is reduced by means of an acquisition of part of
the lot by a public agency for the purpose of providing a public service,
and where such acquisition causes the lot as reduced, or any building or
structure existing lawfully on the lot on the date of such acquisition to have
a lot area, lot frontage, lot depth, lot coverage, front yard depth, side yard
depth or rear yard depth that does not conform to the requirements hereof
for the zone in which such lot is located, then the lot as reduced shall
continue to be used as if no such acquisition had taken place provided
that:
i)
No change is made in the dimensions or area of the lot as reduced,
subsequent to the date of such acquisition, that would increase the
extent of the said non-conformity; and
ii)
No building, structure or addition is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance
with all of the provisions hereof for the zone in which such lot is
located.
2.2
Uses Permitted in All Zones
a)
Nothing in this By-law shall prevent the use of any land as a public use
provided by or on behalf of the City, Regional Municipality of Niagara or
Province of Ontario for the erection of buildings or structures, or the
installation of other facilities essential to the operation of water works,
street lighting, cable and telephone lines, railways and works for the
transmission of gas, oil, water or electrical power or energy, or wayside
pits and quarries, provided that any such use, building or structure
provided that:
i)
Any buildings or structures shall be in compliance with the relevant
provisions of this By-law;
ii)
Any building, structure or use shall not adversely affect the
character or amenity of the neighbourhood in which it is located.
b)
Nothing in this By-law shall prevent the erection of any properly authorized
traffic sign or signal, or any sign or notice of any local or other government
department of authority.
2.3
Uses Prohibited in All Zones
a)
Abattoir;
b)
Mobile Home Park;
c)
Salvage Yard;
d)
Solid Waste Disposal Facility;
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e)
Trailer Park;
f)
Sites for the treatment and disposal of liquid waste, hazardous waste, or
any other waste which requires special treatment;
g)
Locating or storing on any land for any purpose whatsoever any disused
railroad car, sea container or similar shipping container, streetcar body,
truck body or trailer without wheels, whether or not the same is situated on
a foundation.
i)
Section 2.3 (h) shall not apply to Industrial Zones and Site Specific
Zones that permit industrial type uses and City owned lands Zoned
Public and Park located on the City's Island (Mellanby
Avenue/Killaly Street West);
ii)
Nothing in this By-law shall prevent a sea container or similar
shipping container from being used to build a building or structure,
not including an accessory building or accessory structure,
provided that the structure complies with the applicable zoning
provisionsand
h)
Any use where its nature or the material used therein is considered a
noxious use as defined in Section 38.
2.3.1 Source Water Protection
a)
Notwithstanding any other provisions of the By-Law to the contrary, the
following uses shall be prohibited within the Intake Protection Zone 1 (IPZ-
1) shown as IPZ-1 on Schedules A6 and A7 in Section 39 of this By-law:
i)
Waste Disposal Site;
ii)
Pesticide storage greater than 2,500 kg;
iii)
Open Storage of road salt greater than 5,000 tonnes;
iv)
Storage of snow greater than 1 hectare;
v)
Stormwater Management Facility, or the expansion of a Stormwater
Management Facility existing prior to August 28, 2017;
vi)
Combined Sewer;
vii)
Wastewater Treatment Facility;
viii)
Industrial Effluent System; and
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ix)
Agricultural Use, including the storage or application of agricultural
source material.
b)
Notwithstanding any other provisions of the By-Law to the contrary, the
following uses shall be prohibited within Intake Protection Zone 2 (IPZ-2)
shown as IPZ-2 on Schedules A6 and A7 in Section 39 of this By-law:
i)
Waste Disposal Site;
ii)
Stormwater management facility, or the expansion of a storm water
management facility existing prior to August 28, 2017; and
iii)
Agricultural Use, including the storage or application of agricultural
source material.
c)
In instances where the Risk Management Official deems a new or
expanding Commercial/Industrial development may pose a significant
threat to municipal drinking water within the IPZ-1 or IPZ-2, a stormwater
management plan that demonstrates and implements best management
practices related to managing stormwater runoff shall be required to the
satisfaction of the Risk Management Official and the City.
2.4
Temporary Uses
a)
Nothing in this By-law shall prevent the use of any land, or the erection or
use of any temporary building or structure for a construction camp, work
camp, tool shed, scaffold or other temporary building or structure
incidental to an necessary for construction work on the premises for which
a building permit has been issued and not expired, but only for so long as
such use, building or structure is necessary for such construction work
which has not been finished or abandoned.
b)
Nothing in this By-law shall prevent the use of a mobile home, motor home
or trailer for the temporary accommodation of the residents of a lot in the
case of a complete or partial destruction of a dwelling by fire, lightning,
explosion, tempest, flood or Act of God, or where its demolition is by the
order of the City of Port Colborne, the Regional Municipality of Niagara or
other authority, for safety, health or sanitation requirements in any Zone
for a period not to exceed 18 months provided that the property owner has
first entered into a Development Agreement with the City in a form
authorized generally or specifically by City Council from time to time to
allow the temporary use of a mobile home, motor home or trailer.
c)
Nothing in this By-law shall prevent the use of a mobile home, motor
home or trailer for the temporary accommodation during renovations or
the construction of a new dwelling provided that the property owner has
first entered into a Development Agreement with the City in a form
authorized generally or specifically by City Council from time to time to
allow the temporary use of a mobile home, motor home or trailer during
renovations or the construction of a new dwelling.
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d)
Nothing in this By-law shall prevent the use of any land, other than a sight
triangle, in any zone for a special event held by a charitable organization
provided any temporary building or structure incidental to, and necessary
for, the event meets the minimum requirements of the applicable zone and
remains on the land only during the duration of the special event.
e)
Where this By-law provides that land may be used for a dwelling unit, the
permitted accessory use shall include a garage/yard sale provided that:
i)
No person shall conduct more than 2 garage/yard sales per
calendar year at 1 location; and
ii)
No garage/yard sale shall exceed 2 days in duration.
2.5
Human Habitation
Notwithstanding anything contained in this By-law, no truck, bus, coach, street
car body or structure of any kind, whether or not the same is mounted on wheels,
a foundation or other form of mounting, shall be used for human habitation other
than a dwelling unit, a mobile home, or a trailer or motor home used in
accordance with this By-law.
2.6
Multiple Uses on a Lot
Notwithstanding anything contained in this By-law:
a)
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;
b)
In no case shall a dwelling be located within 3 metres of any other building
on the lot, except a building accessory to such dwelling; and
c)
Where standards or provisions pertaining to 2 or more uses on lot are in
conflict, the highest or most restrictive standards or provisions shall
prevail.
2.7
Non-Conforming Buildings and Structures
a)
Nothing in this By-law shall prevent the rebuilding, replacement or repair
of an existing building or structure even though such building or structure
or the lot on which such building or structure is located does not conform
to one or more of the provisions of this By-law, provided that the
dimensions of the original building or structure are not increased, the use
thereof is not altered and the yards appurtenant thereto are not reduced
except in accordance with the provisions of this By-law, provided that such
repair or restoration does not increase the height, size, volume or extent of
non-conformity or non-compliance of the use, building or structure, except
as required in order to comply with the requirements of the Ontario
Building Code.
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b)
Nothing in this By-law shall prevent a vertical or horizontal extension or
addition from being made to an existing building or structure on a lot, even
though such building, structure or lot does not conform to one or more of
the requirements of this By-law, provided that:
i)
Such extension or addition does not further reduce any existing
legal non-conforming yards but in no instance shall any extension
or addition be permitted close than 1.0 metres to any lot line;
ii)
All other provisions of this By-law are satisfied; and
iii)
No extensions or additions shall be permitted in an Environmental
Protection Zone.
2.8
Accessory Buildings
2.8.1 General Provisions
a)
Accessory buildings shall be permitted in any zone in accordance with the
applicable zone regulations and with the following:
i)
No accessory building shall be erected prior to the erection of the
permitted dwelling or principal building on the same lot except
where it is necessary for the storage of tools and materials for use
in connection with the construction of such dwelling or building and
no accessory building shall be used prior to the erection of such
dwelling or building for any purpose other than such storage for a
period not to exceed 18 months provided that the property owner
has first entered into a Development Agreement with the City in a
form authorized generally or specifically by City Council from time
to time to allow the temporary use.
ii)
No accessory building shall exceed a height of 6 metres, except
as otherwise permitted in Section 2.15.2.
iii)
No accessory building shall be located in a front yard or corner
side yard. Notwithstanding the aforementioned restriction, no
accessory building shall be located in a required minimum front
yard or corner side yard setback on lots that abut the Lake Erie
shoreline.
iv)
no accessory structure shall be located less than 1 metre from an
interior side or rear lot line.
v)
The regulations governing the location of any accessory building in
relation to a lot line, shall not apply to prevent the erection or use of
a jointly-owned double garage which services two dwellings whose
common lot line shall be the dividing line of such garage provided
that such garage is not located in a required front yard or closer
than 1.0 metre to any other lot line.
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vi)
Notwithstanding subsections (i) through (vii) inclusive, where the
accessory building is located within an Environmental Protection
Zone, the Niagara Peninsula Conservation Authority regulations
shall apply.
2.8.2 Lot Coverage
a)
For a lot with municipal sanitary sewers and municipal water services the
total accessory lot coverage shall not exceed 10% of the lot area of the
said lot, excluding swimming pools.
b)
For a lot with no municipal services the total accessory lot coverage shall
not exceed 5% of the lot area of said lot, excluding swimming pools.
c)
For a lot zoned Agriculture (A) or Rural (RU) the total accessory lot
coverage shall not exceed 1% of the lot area of said lot, excluding
swimming pools.
d)
Where total coverage of all buildings on a lot is specified in a specific
zone, the coverage for the accessory building must also conform to the
overall coverage requirement.
e)
This section shall not apply to uncovered decks that are attached to a
dwelling
2.9
Accessory Uses to a Dwelling
2.9.1 Accessory Dwelling Unit
a)
Notwithstanding any other provisions of this By-law, any single detached,
semi-detached and townhouse dwelling units permitted in any zone may
be internally converted or by way of an addition to the existing dwelling or
creation of a standalone structure or building, provide an accessory
dwelling unit, subject to the specific zone requirements and the following:
i)
Only one accessory dwelling unit is permitted per dwelling unit.
ii)
Where the parcel proposed for an accessory dwelling unit is not
serviced by municipal sewer and/or municipal water services, the
minimum lot size shall be 0.4 hectares and all relevant
requirements of the Region of Niagara are complied with.
iii)
The maximum floor area for the accessory dwelling unit shall not
exceed 40% of the gross floor area of the dwelling.
iv)
One additional on-site parking space shall be provided for the
accessory dwelling unit, and parking spaces may be stacked.
v)
All relevant requirements of the Ontario Building Code and Ontario
Fire Code are complied with.
2.9.1.1
Dwelling Unit, Interior Accessory
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a)
Notwithstanding any other provisions of this By-law, one interior
accessory dwelling unit is permitted in any detached dwelling, semi-
detached dwelling unit or townhouse dwelling unit provided it complies
with Section
2.9.1 i) to (v) and:
i)
The interior accessory dwelling unit is entirely within the
exterior walls of the principal dwelling unit.
ii)
The external appearance and character of the single
detached dwelling, landscaped area and outdoor amenity
areas are to be preserved.
iii)
Additions shall be architecturally similar to the existing dwelling
unit and use similar exterior building materials.
iv)
The entrance to the accessory dwelling unit shall be located only
in the interior side or rear yard and no exterior stairway to the
second floor of the dwelling or accessory dwelling unit shall be
permitted in the front or corner side yard.
2.9.1.2
Dwelling Unit, Detached Accessory
a)
Notwithstanding any other provisions of this By-law, one detached
accessory dwelling unit is permitted in any residential zone
provided it complies with Section 2.9.1 (i) to (v) and shall not:
i)
Be located in a required front yard or corner side yard.
ii)
Be located within any sight triangle.
iii)
Exceed a building height of 6 metres.
iv)
Be located less than 1 metres from an interior side or rear lot line.
v)
Be located closer than 1.5 metres to a main building.
2.9.2 Home Based Business
2.9.2.1
General Provisions
a)
Notwithstanding any other provisions of this By-law, a home
based business is permitted within a dwelling unit in any zone
subject to the following:
i)
The home based business shall be clearly secondary to the main
residential use and shall not change the residential character of the
dwelling.
ii)
The home occupation may be located within the dwelling
unit or private garage, carport or accessory building or
structure provided that the accessory building complies
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with section 2.8 and the combined floor area of the home
based business in both the dwelling unit and accessory
building does not exceed the maximum floor area as
described in section 2.9.2 (iii).
iii)
The use occupies a maximum floor area of 25% of the total
dwelling unit floor area to a maximum of 23 square metres
whichever is less.
iv)
The home based business shall be conducted by a person(s)
residing in the dwelling and may include one non-resident
employee.
v)
No manufacturing activity involving the processing of raw or semi-
processed materials shall be carried out in conjunction with a home
based business except for the fabrication of handmade goods or
crafts associated with an artisan studio, home bakery, catering or
home sewing establishment. The assembly of fully processed
goods shall be permitted and shall only occur within the dwelling
unit.
vi)
There shall be no exterior structural alterations or separate
entrances to the dwelling unit for the home based business.
vii)
There shall be no outside storage associated with the home based
business.
viii)
The home based business shall not create or become a public
nuisance in regard to persistent noise, odour, vibration, dust, light
or glare, traffic generated or parking, nor shall it cause electrical
interference or interference with telephone, television, radio or
satellite equipment.
ix)
Unless otherwise stated, not more than 2 clients or customers of
the home based business shall be present at any time on the lot
occupied by the dwelling unit.
b)
Repair services shall be limited to the repair of personal effects and small
household appliances such as electronic equipment, bicycles, apparel,
furniture, toys and sporting goods. The repair of major household
appliances, lawn care equipment and other power equipment and vehicles
shall not be permitted.
c)
Retail sales shall be limited to those goods, merchandise, wares, products
and articles either produced by the home based business or associated
with a personal service conducted on the premises.
2.9.2.2
Parking Requirements
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a)
Where a home based business is present, and in addition to the parking
provision of this By-law, the following special parking regulations are
applicable:
i)
One off-street parking space shall be provided on the lot occupied
by the dwelling unit in addition to the minimum parking area
required by the dwelling unit.
ii)
Parking or storage of vehicles for the home based business shall
be prohibited in any required yard except on a driveway that has
been graded and gravelled or surfaced with concrete, asphalt,
crushed stone or other hard surface, dustless material.
iii)
On-site parking spaces may be stacked.
2.9.2.3
Signage
a)
There shall be no exterior indication of the home based business including
window display, open storage or display of advertising goods, materials or
equipment associated with the home based business other than one legal
sign per property which complies with the City of Port Colborne Sign By-
law and the following regulations:
i)
The sign shall not be internally illuminated.
ii)
The sign shall not exceed 0.37 square metres in area where there
is one home occupation in the dwelling unit or 0.74 square metres
in area where there are two or more home based businesses in the
dwelling unit.
iii)
The sign shall not be located within a sight triangle.
iv)
The sign shall not be located closer than 1 metre to any property
line.
2.9.2.4
Bed and Breakfast
a)
A bed and breakfast is a permitted use within a detached dwelling subject
to section 2.9 and the following additional regulations:
i)
Despite section 2.9.1 (iii), a maximum of 4 guest rooms are
permitted;
ii)
The bed and breakfast establishment shall provide one off-street
parking space per guest room in addition to the minimum parking
area required for the dwelling unit; and
iii)
The bed and breakfast shall provide meals to guests of the bed and
breakfast only.
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iv)
The bed and breakfast establishment shall be licensed in
accordance with the City's Licensing By-law.
2.9.2.5
Home Daycare
a)
A home daycare is permitted subject to section 2.9 and the following:
i)
Despite Section 2.9.2.1 (ix), the maximum number of non-resident
persons being supervised is five; and
ii)
Section 2.9.1 a does not apply.
2.10 Replacement of Buildings and Structures
2.10.1 Replacement of Residential Buildings
a)
Any building used exclusively for residential purposes may, in the case of
its complete destruction, be replaced with a new building or in the case of
its partial destruction, be reconstructed where the complete or partial
destruction is caused by fire, lightning, explosion, tempest, flood or Act of
God, or where its demolition is by order of the City of Port Colborne, The
Regional Municipality of Niagara or other authority for safety, health or
sanitation requirements, provided that:
i)
Such destroyed or demolished building was lawfully used at the
date of its partial or complete destruction or demolition;
ii)
Such building as replaced or reconstructed shall not contain a
greater number of dwelling units than lawfully existed in the
destroyed or demolished building at the date of its partial or
complete destruction or demolition;
iii)
Where the ground floor area of the destroyed or demolished
building was less than the minimum ground floor area permitted in
the applicable zone under this By-law, such building as replaced or
reconstructed, shall not contain a less floor area than lawfully
existed in the destroyed or demolished building at the date of its
partial or complete destruction or demolition;
iv)
Where any yard existing at the date of the partial or complete
destruction or demolition of such building does not comply with the
minimum yard required in the applicable zone under this By-law,
then such yard shall not be less than the yard existing at the date of
the partial or complete destruction, or demolition of such building;
v)
The height of such building as replaced or reconstructed, shall not
exceed the maximum height permitted in the applicable zone under
this By-law; and
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vi)
A building permit is obtained and reconstruction work commences
within 24 months of the date upon which the building or structure
became unusable or unoccupied.
2.10.2 Replacement of Buildings and Structures Other Than Residential Buildings
a)
Any building other than a building used exclusively for residential
purposes may, in the case of its complete destruction, be replaced with a
new building where the complete destruction is caused by fire, lightning,
explosion, tempest, flood or Act of God, or where its demolition is by order
of the City of Port Colborne, The Regional Municipality of Niagara or other
authority for safety, health or sanitation requirements, provided that:
i)
Such destroyed or demolished building was in conformance with
this By-law at the date of its complete destruction or its demolition;
or
ii)
For buildings not in conformance with this By-law, the ground floor
area and gross floor area of such building as replaced does not
exceed that existing at the date of its complete destruction or its
demolition; and
iii)
A building permit is obtained and reconstruction work commences
within 24 months of the date upon which the building or structure
became unusable or unoccupied.
2.10.3 Reconstruction of Agricultural Buildings and Structures
a)
Nothing in this By-law shall apply to prevent the reconstruction of any legal
non-conforming or conforming agricultural building or structure situated in
the Agricultural or Rural Zones in the case of partial or complete
destruction caused by fire, lightning, explosion, tempest, flood or Act of
God, or where its demolition is by order of the City of Port Colborne, The
Regional Municipality of Niagara or other authority for safety, health or
sanitation requirements, provided that:
i)
Such building or structure, as replaced or reconstructed shall not
have in total a greater livestock housing capacity than lawfully
existed in the destroyed or demolished building or structure at the
date of its partial or complete destruction or demolition; and
ii)
Where any yard existing at the date of the partial or complete
destruction or demolition of such building or structure does not
comply with the minimum yard or minimum setback required in the
Agricultural or Rural Zones, such yard shall not be reduced in size
by reason of such reconstruction of such building; or
iii)
If such building is to be replaced or reconstructed so that it provides
a greater livestock housing capacity than lawfully existed in the
destroyed or demolished building or structure at the date of its
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partial or complete destruction or demolition, such building or
structure shall not be replaced or reconstructed except in
accordance with the provisions of the Agricultural or Rural Zone
regulations and the applicable MDS requirements found in Section
2.20; and
iv)
A building permit is obtained and reconstruction work commences
within 24 months of the date upon which the building or structure
became unusable or unoccupied.
2.11 Group Home
a)
Only the following types of Group Homes, as approved under Provincial
Statute shall be permitted in any residential zone:
i)
Approved group homes;
ii)
Home for special care;
iii)
Supportive housing programs;
iv)
Children's residence;
v)
Accommodation for adult mental health programs;
vi)
Accommodation services for individuals with a development
disability;
vii)
Satellite residence for seniors; and
viii)
Homes for individuals who have physical disabilities when the
Provinces license, funds or approved such a group home program.
b)
Except for those group homes under Section 2.11 (a), the following group
homes are not permitted in any zone except by a site specific amendment
to the Zoning By-law:
i)
Halfway house for the socially disadvantaged;
ii)
Halfway house for alcoholics;
iii)
Halfway house for ex-offenders; and
iv)
Community resource centre.
2.12 Buildings on One Lot
Except where otherwise permitted, only one principal building of the following
uses shall be permitted on one lot:
a)
A detached dwelling;
b)
A semi-detached dwelling;
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c)
A duplex dwelling;
d)
A triplex dwelling;
e)
A fourplex dwelling;
2.13 Sight Triangle
a)
Unobstructed sight triangles are required on all corner lots in all zones.
b)
The area within a sight triangle shall be determined by measuring from the
point of the intersection of the front and corner side lot lines on a corner lot
to a point along each such lot line as set out in Section 2.13.1 (a) and
2.13.1 (b) and joining such points with a straight line.
c)
No sign or landscaping materials including but not limited to: fences, walls,
berms, trees, hedges or bushes shall be greater than 0.75 metres in
height above the elevation of the ground at the street line.
2.13.1 Sight Triangle Distance
a)
Residential Zone
6 metres
b)
All Other Zones
7.5 metres
2.13.2 Sight Triangle Exemption
a)
Sight Triangle provisions in Section 2.13 and 2.13.1 shall not apply to any
corner lot located within the Downtown Commercial (DC) Zone.
2.14 Lot Frontage on Roads
a)
No person shall construct a building or structure or otherwise use any lot
unless the lot fronts on an improved road or lane.
b)
No lot creation shall be permitted on lanes within the urban area boundary
as designated in the City's Official Plan.
c)
Section 2.14 (a) does not apply to:
i)
A utility installation;
ii)
A cemetery
iii)
A conservation/natural area
d)
Lot frontage shall be measured:
i)
6 metres from the front lot line and parallel to the front lot line; or
ii)
6 metres from the chord and parallel to the chord if the front lot line
is a curve
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2.15 Height
2.15.1 How Height is Measured
a)
From the grade to the highest point of the roof.
2.15.2 Height Exceptions
a)
The height regulations of this By-law shall not apply to antennas, barns,
chimneys, communication towers, elevator enclosures, flag poles, roof top
mechanical equipment, silos, skylights, solar panels, spires, water tanks,
or windmills.
2.16 Operating Apparatus
a)
The following provisions shall apply to all Residential zones and lots
abutting a Residential Zone. Operating apparatus shall:
i)
Be setback a minimum of 0.6 metres from any rear and side lot line;
and
ii)
Be permitted in a front yard, and setback no greater than 0.5
metres from the front building wall.
2.17 Swimming Pools
a)
In addition to the provisions and setbacks contained in the City of Port
Colborne "Pool By-law" the following shall apply:
i)
Any above-ground or in-ground swimming pool shall be located in
an interior side yard or rear yard only;
ii)
The interior wall surface of any above-ground or in-ground
swimming pool shall be located no closer than 1 metre to any
interior side lot line or rear lot line, or closer to any street than
the setback required therefrom;
iii)
Water circulating or treatment equipment such as pumps or filters
shall be located no closer than 3 metres to any interior side lot line
or 1 metre to any rear lot line; and
iv)
A building or structure containing or enclosing an above-ground or
in-ground swimming pool shall not be located in any required yard
and shall comply with all applicable accessory structure provisions
of the zone in which such building or structure is located.
2.18 Outdoor Storage
a)
Except where otherwise noted, outdoor storage and garbage storage
areas shall only be permitted in an interior side yard or a rear yard.
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2.19 Permitted Encroachments
a)
Except where otherwise permitted in this By-law every part of any required
yard for a building or structure shall be open and unobstructed from the
ground to the sky except for the exceptions listed in Section 2.19.1 to
2.19.3.
b)
No part of any required yard or required court shall be obstructed by any
building or structure or part thereof except one or more of the following
functional and ornamental structures including but not limited to:
i)
Drop awnings;
ii)
Clothes poles
iii)
Ornamental fountains, statutes, monuments, memorials, planters
and garden tresses;
iv)
Fences;
v)
Air conditioning units, heat pumps and generators; and
vi)
Boundary and retaining walls, hedgerows and legal signs
2.19.1 General Structures
Structure Type
Yard Permitted
Required Setback from Lot
Line
Eaves and Gutters
All
0.15 metres
Uncovered Stairs or
Ramps to First Storey
All
0.5 metres
Fire Escapes and Exterior
Staircases
Interior Side Yard
Corner Side Yard
Rear Yard
1.2 metres
Cantilever - Walls or
Windows
All
0.3 metres
Front Yard
Rear Yard
0.6
Height of Deck or Platform
Height above the
Ground Floor Level
to 0.61 metres
Height above the
Ground Floor Level
more than 0.61
metres but less than
1.2 metres
Height above the
Ground Floor
Level 1.2 metres
or greater
Minimum Setback
from Corner Side
Lot Line
3 metres
3 metres
Required corner
yard of principal
building
25
Minimum Setback
from Interior Side
Lot Line
Required interior side yard of principal dwelling
Minimum Setback
from Rear Lot Line
1.6 metres
3 metres
4.5 metres
Minimum Setback
from Front Lot Line
3 metres
3 metres
Required corner
yard of principal
building
2.19.2 Enclosed Structures
a)
Any enclosed platform structure, enclosed steps or enclosed barrier-
free ramps are deemed to be part of the building to which they are
attached and shall meet all required yards.
2.19.3 Unenclosed Structures
a)
Unenclosed and uncovered barrier-free ramps shall be
permitted to encroach into any yard.
2.20 Minimum Distance Separation (M.D.S.) Formulae
a)
Notwithstanding the building setback and minimum yard
requirements of any zone, the requirements of the Province's
M.D.S. Formula 1 and
M.D.S. Formula 2, as updated from time to time, shall prevail.
b)
The minimum acceptable separation distance shall be the
distance determined in the application of the Province's M.D.S.
Formula 1 or
M.D.S. Formula 2.
c)
Any setback distance requirement from farm and non-farm
buildings by the Province's M.D.S. Formula 1 or M.D.S. Formula 2
shall also apply from farm and non-farm buildings in adjacent
municipalities.
2.21 Railway Right-of-Way
a)
Notwithstanding any other provisions of this By-law, no building or
structure for the purpose of human habitation shall be constructed
any closer than 15 metres to any functioning railway right-of-way.
2.22 Municipal Drains
a)
Notwithstanding any other provisions of this By-law, no building
or structure may be located any closer than 10 metres to any
municipal drain, measured from the top of bank.
26
2.23 Food Vehicles
a)
Every Food Vehicle shall operate in accordance with the City's
Business Licensing By-law, the regulations for the zone, in which it
is located and the following:
i)
Within any Commercial, Institutional or Industrial Zone,
shall occupy a defined parking space;
ii)
Within any Commercial, Institutional or Industrial Zone,
shall not occupy an accessible parking space; and
iii)
Within any Commercial, Institutional or Industrial Zone, shall
be in accordance with Section 2.13, Sight Triangles.
2.24 Outdoor Commercial Patio
a)
An outdoor commercial patio is permitted if it is operated as part of a
take- out restaurant, a full-service restaurant, private club or a brew
pub where those uses are listed as permitted uses.
b)
An outdoor commercial patio is prohibited in association with any
Adult Oriented Entertainment Establishment.
c)
Where an outdoor commercial patio is not physically separated by a
building from another lot in a residential zone, it is prohibited unless
it is located at least:
i)
30 metres from a lot in a residential zone and is screened and
physically separated from that same lot by a structure, screen
or wall that is two metres or more in height so as to mitigate
both light and noise from the outdoor commercial patio; or
ii)
75 metres from a lot in a residential zone.
d)
Outdoor commercial patios must not encroach on or eliminate
any required parking or loading space, driveway or aisle.
e)
No additional parking shall be required for an outdoor commercial patio.
2.25 Storage of Refuse
a)
No open storage of refuse shall be permitted anywhere within the
zoned area except:
i)
Where refuse is to be collected within an 18 hour period after
such refuse has been placed in an outdoor location;
ii)
Where the area used for the open storage of refuse or a
27
refuse container is enclosed by a wall or an opaque fence
not less than1.8 metres in height; or
iii)
In any Residential Zone, where such refuse is contained
completely within a structure or in a receptacle specifically
intended for such purpose and having walls or sides and
door or lid.
2.26 Cannabis Production Facility
a)
Notwithstanding any other provision of this By-law, any Cannabis
Production Facility shall be equipped with air treatment control;
b)
Notwithstanding any other provision of this By-law, a building or
structure used solely for security purposes for Cannabis Production
and Processing may be located in the required front yard and does not
have to comply with the required minimum front yard, side yard, and
rear yard setbacks;
c)
Cannabis Production Facilities shall only be permitted within the zones
explicitly indicated in this Zoning By-law and all development in relation
to the establishment of or expansion shall be subject to Site Plan
Control;
d)
Cannabis Production Facilities in a greenhouse shall be shielded so
that no light escapes between sunset and sunrise when abutting a
sensitive land use.
28
Section 3:
Parking Provisions
3.1
Parking Space Requirements
a)
Except as otherwise provided in Section 3, the owner or occupant of
any lot, building or structure used or erected for any of the purposes
set forth in this By-law, shall provide and maintain for the sole use of
the owner, occupant or other persons entering upon or making use of
the said lot, building or structure from time to time, one or more parking
spaces in accordance with the requirements of Section 3.1.1 and
3.1.2.
3.1.1 Parking Space Requirements for Residential Uses
Permitted Use
No. of Spaces Required per Unit
Apartment Building
1.25
Apartment Building, Public
1 space per 3 units
Bed and Breakfast
1 space per guest room
Dwelling, Accessory
1
Dwelling, Detached
1
Dwelling, Duplex
1
Dwelling, Fourplex
1
Dwelling, Semi-Detached
1
Dwelling, Townhouse Block
1
Dwelling, Townhouse Street
1
Dwelling, Triplex
1
Dwelling Unit, Accessory
1 (can be tandem)
Long Term Care Facility
0.4 per dwelling unit and per care bed
Supportive Living Facility
0.5
3.1.2 Parking Space Requirements for Non-Residential Uses
Permitted Use
Adult Oriented Entertainment Establishment
Min 1 space per 20 square metres gfa
Animal Care Establishment
Min 1 space per 20 square metres gfa
Brew Pub
Min 1 space per 20 square metres gfa
Cannabis Production Facility
1 space for every employee on the
largest shift
Cultural Facility
Min 1 space per 65 square metres gfa
Contractor's Yard
Min 1 space per 100 square metres gfa
Day Care
Min 1 space per 25 square metres gfa
Golf Course and Driving Range
18 per 9 holes of golf plus 1 per 27
square metres of club house
Heavy Equipment Sales and Service
Min 1 space per 35 square metres gfa
29
Hospital
Min 1 space per 50 square metres gfa
Hotel
1 per guest room
Industry, Heavy
Min 1 space per 100 square metres gfa
Commercial Plaza
Min 1 space per 25 square metres gfa
Elementary School
Min 1.25 spaces per classroom
Secondary School
Min 2 spaces per classroom
Public Use
Min 1 space per 30 square metres gfa
Industry, Light
Min 1 space per 100 square metres gfa
Marina
0.6 per boat slip
Medical Clinic
Min 1 space per 28 square metres gfa
Motor Vehicle Gas Station
Min 1 space per 20 square metres
gfa
Motor Vehicle Repair Garage
Min 1 space per 20 square metres gfa
Motor Vehicle Sales/Rental and Service
Min 1 space per 30 square metres gfa
Office
Min 1 space per 28 square metres gfa
Place of Assembly/Banquet Hall *
Min 1 space per 20 square metres gfa
Place of Worship *
Min 1 space per 20 square metres gfa
Recreation Facility *
Min 1 space per 20 square metres gfa
Restaurant, Fast Food
Min 1 space per 20 square metres gfa
Restaurant, Full-Service*
Min 1 space per 20 square metres gfa
Restaurant, Take-Out
Min 1 space per 20 square metres gfa
Retail Store
Min 1 space per 20 square metres gfa
Service Commercial
Min 1 space per 20 square metres gfa
Transportation Depot
Min 1 space per 100 square metres gfa
All other non-residential uses listed in the
Min 1 space per 20 square metres gfa
* Applies only to portion of building dedicated to the assembly of persons
3.1.3 Calculation of Parking Requirement
a)
The calculation of the minimum number of required parking spaces
shall be rounded up to the nearest whole number.
3.2
Parking Space Dimensions
Min. Width
(m)
Min. Depth
(m)
Conditions
Standard Parking
Space
2.6
5.2
-
Standard Parking
Space Obstructed
on Two Sides
3.5
5.2
Abutting any wall,
column or structure
on both sides
30
Standard Space
Obstructed on
One Side
3
5.2
Abutting any wall or
column, or
structure on one
side
Accessible Space
3.7
5.2
-
Two (2)
Accessible
Spaces Side by
Side
2.6 ea.
5.2
2.6 m common
space between
accessible spaces
3.3
Accessible Parking
a)
Accessible parking spaces shall be provided at the following rate:
Number of
Required
Standard
Parking Spaces
Number of
Accessible
Parking Spaces
Number of
Required
Standard
Parking Spaces
Number of Accessible
Parking Spaces
1-25
1
151-200
7
26-50
2
201-300
8
51-75
3
301-400
10
76-100
4
401-500
12
101-150
6
501 and over
2% of the required parking
3.4
Parking Location
a)
Required parking shall be provided on the same lot as the use requiring
the parking; or
b)
On any lot that is not a road or lane and is presently zoned to permit
parking and is located within 46 metres of the lot occupied by the building
or structure or use for which the parking spaces are required.
3.5
Parking Area
a)
Every parking area, loading space and driveway connecting a parking
area to a road shall be maintained with a hard surface.
b)
On a residential lot with 4 or fewer dwelling units the following provisions
shall apply:
i)
Maximum Parking Area Coverage
50 percent
ii)
Maximum Width
7.5 metres or 50% of the
lot frontage, whichever is
less
31
3.6
Encroachment into Yards
a)
A parking space, bicycle parking space, or parking area is permitted within
any yard but is not permitted within a required landscape buffer, a
landscape open space area or a sight triangle.
3.7
Ingress and Egress Standards
a)
Required parking spaces shall have adequate access, from an improved
or unimproved road, to permit ingress and egress of a motor vehicle by
means of driveways, aisles, maneuvering areas, or similar area and
except in the case of tandem parking in a driveway to a single detached,
semi-detached, duplex or triplex dwelling, no part of this access is to be
used for the temporary parking or storage of any motor vehicle.
b)
Driveways shall have a minimum unobstructed width of 7.5 metres where
two-way traffic is permitted and 3 metres where only one-way direction of
traffic flow is permitted, except that the minimum width of a driveway
accessory to a detached dwelling shall be 2.6 metres.
3.8
Additions to Existing Buildings with Legal Non-Conforming Parking
a)
In the case of expansion of a building or structure that legally does not
meet the parking requirements, the parking standards related to the
expansion must be adhered to, but the parking deficiency of the original
building or structure does not have to be corrected and can remain legally.
3.9
Parking Prohibitions
a)
No person shall park, permit or cause to be parked a motor vehicle,
recreational vehicle, or a utility trailer on a lot other than in a parking area
that complies with the provisions of this By-Law.
3.9.1 Large Motor Vehicle
a)
No person shall in any Residential, Institutional, Public or Mixed Use Zone
use any lot for parking or storage of any large motor vehicle as defined in
Section 38 unless the vehicle is a delivery vehicle temporarily parked in
the course of its normal delivery duty.
3.9.2 Recreation Vehicle, Boat, Recreation Trailer, Utility Trailer
a)
No recreation vehicle, boat, or utility trailer shall be located in a front
and/or corner side yard parking area in any residential zone, except where
no off-street parking space is available or can be provided in the interior
side or rear yard, they may be permitted in the front yard and/or corner
side yard parking area provided they are set back a minimum of 1.5
metres from the front and/or corner side yard lot line on an in-season
32
basis from May 15 to October 15 of each year.
b)
No recreation vehicle, boat, or utility trailer shall be located in a required
sight triangle on a corner lot.
3.10 Loading Spaces
a)
Loading spaces shall be located entirely on the same lot as the building
for which such loading spaces are required, and shall not encroach into
any required driveways, parking areas or internal roads. Loading spaces
shall be located in an interior side yard or rear yard and no closer any
road than the building.
b)
No loading space shall be located within a required yard that abuts
a Residential Zone.
c)
Access to loading spaces shall be by means of a driveway at least 3.5
metres in width, contained within the lot on which the loading spaces are
located and leading to either an improved or unimproved road or lane
not less than 7.5 metres in width.
d)
A loading space shall be a minimum of 3.5 metres by 9 metres with
a minimum clearance height of 4 metres.
3.11 Landscape Provisions for Parking Areas
3.11.1
Landscape Buffer Provisions
a)
A landscape buffer shall be provided between the edge of any
parking area and an abutting lot line(s) in accordance with the
following table:
Parking area
with 5 to 20
parking spaces
Parking area with
more than 20
parking spaces but
fewer than 100
Parking area with
100 or greater
parking spaces
Lot Line Abutting a Public
Road
3 m
3 m
6 m
Lot Line Not Abutting a
Public Road
-
3 m
3 m
Lot Line Abutting a
Residential, Institutional or
Public and Park Zone
3 m
3 m
4 m
3.11.2
Minimum Landscaped Open Space within Parking Areas
a)
A minimum landscaped open space equal to 10% of the
33
parking area shall be required within all parking areas with 100
or more parking spaces.
3.12 Drive-Thru Facility
a)
A drive-thru facility shall be subject to the following provisions:
i)
a minimum 3 m wide landscape buffer shall be provided between a
drive-thru facility and a public road; and
ii)
Shall be located no closer than 7.5 m to a Residential, Institutional
or Public and Park zone.
3.12.1 Drive-Thru Facility Stacking Lanes
a)
The minimum number of stacking lane parking spaces for drive-thru
facilities shall be:
Use
Min. number of stacking lane tandem parking spaces
Restaurant, Fast Food
10 Spaces
All other uses
3 Spaces
3.13 Bicycle Parking Spaces
a)
Bicycle parking spaces must be located on the same lot as the use for
which it is provided;
b)
Each bicycle parking space shall be a minimum 1.8 m in length and 0.3 m
in width; and
c)
Shall be located at a principle entrance of a building
3.13.1 Required Bicycle Parking
Use
Minimum Number of Bicycle Parking
Spaces
Residential Buildings with 10 or more
dwelling units
6 Spaces plus 1 for every additional 10
dwelling units above 20
Place of Assembly/Banquet Hall,
Recreation Facility, Place of Worship*
1 space per 1000 square metres of gross
floor area
Retail and Service Commercial
1 space per 1000 square metres gross
floor area
Office
1 space per 1000 square metres gross
floor area
Light Industry
1 space per 1000 square metres gross
floor area
34
Heavy Industry
1 space per 1000 square metres gross
floor area
Hotel
6 spaces plus 1 space per 10 guest
rooms
Restaurant, Fast-Food or
Restaurant, Full-Serve
1 space per 170 square metres gross
floor area
All other non-residential uses listed in the
Zoning By-law but not specified above
1 space per 1000 square metres
*
Applies only to the portion of the building dedicated to the assembly of persons.
3.14 Stand Alone Parking Lot
a)
Where permitted by Section 36 Special Provisions, a stand-alone parking
lot shall have a minimum lot frontage of 12 m and shall be subject to all
other provisions of this By-law.
35
Section 4:
Establishment of Zones
4.1
List of Zone Names and Symbols
Zone Symbol
Zone Name
R1
First Density Residential
R2
Second Density Residential
R3
Third Density Residential
R4
Fourth Density Residential
RT
Residential Townhouse
RR
Rural Residential
LR
Lakeshore Residential
HR
Hamlet Residential
RD
Residential Development
HD
Hamlet Development
R
Rural
AR
Agricultural Residential
A
Agricultural
APO
Agricultural Purposes Only
NC
Neighbourhood Commercial
HMC
Hamlet Commercial
MU
Mixed Use
CP
Commercial Plaza
DC
Downtown Commercial
HC
Highway Commercial
MC
Marine Commercial
LI
Light Industrial
HI
Heavy Industrial
MAO
Mineral Aggregate Operation
GI
Gateway Industrial
ID
Industrial Development
I
Institutional
P
Public and Park
VR
Vacation Residential
EP
Environmental Protection
H
Hazard
4.2
List of Zone Layers
Zone Symbol
Zone Name
EC
Environmental Conservation
36
4.3
Special Provisions
a)
Where special provisions are established for certain lots, the applicable
regulations of the special provisions apply in addition to, or as exception
to, the normal zone provisions that apply to the subject lot(s).
b)
Where on Schedule A to this By-law, a zone symbol (e.g. R1) applying to
lots contains a suffix at the end of the zone symbol consisting of a dash
and number (e.g. R1-1), this indicates that a special provision applies to
the subject lot(s). The number after the dash corresponds with the special
provision number as set out in Section 37.
c)
Lots with special exceptions are identified in Section 37.
4.4
Holding (H) Provisions
a)
Where a zone symbol contains the suffix "H" with or without a special
provision (e.g. R1-H or R1-1-H), the zoning shall not take effect until the
prescribed conditions are met and the "H" is removed from the subject
lot(s).
b)
When the amending by-law removing the "H" Holding symbol from a zone
is enacted, the permitted uses and regulations for that lot shall apply.
c)
Until such time as the prescribed conditions are met, the identified lot shall
only be used for the existing permitted use as of the date of this By-law
not including the expansion of the existing permitted use, or other uses as
set out in the Holding provision(s).
d)
Lots with Holding provisions, including the conditions required to be
satisfied prior to the removal of the Holding (H) Zone symbol are identified
in Section 37.
4.4.1 Development Holding (DH) Provisions
a)
Where a zone symbol contains the suffix "DH" with or without a special
provision (e.g. R1-DH or R1-1-DH), the zoning shall not take effect until
the prescribed conditions are met including any special studies as
determined by staff which may include, but not be limited to:
i)
Planning Justification Report
ii)
Land Use/Market Needs Study
iii)
Urban Design/Landscape Plans
iv)
Archaeology and Cultural Heritage Assessment
v)
Heritage Impact Analysis
vi)
Environmental Impact Study
vii)
Air Quality/Noise and Vibration Study
viii)
Environmental Planning Study or Sub-Watershed Study
ix)
Tree Preservation Plan
37
x)
Floodplain and Hazard Lands Report
xi)
Geotechnical and Slope Stability Report
xii)
Environmental Site Assessment
xiii)
Agricultural Impact Assessment
xiv)
Farm Operation and Ownership
xv)
Minimum Distance Separation I & II
xvi)
Municipal Servicing Study
xvii)
Stormwater Management Plan
xviii) Traffic/Parking Impact Analysis
xix)
Hydrogeological Study and Private Servicing Plans
xx)
Financial Impact Assessment
xxi)
Alternative Sites for Non-Agricultural Uses
xxiii) Mineral Aggregate Resources
xxiv) Site Plan Agreement
xxv)
Subdivision Agreement
b)
When the amending by-law removing the "DH" Holding symbol from a
zone is enacted, the permitted uses and regulations for that lot shall apply.
c)
Until such time as the prescribed conditions are met, the identified lot shall
only be used for the existing permitted use as of the date of this By-law
not including the expansion of the existing permitted use, or other uses as
set out in the Holding provision(s).
4.4.2 Conversion Holding (CH) Provisions
a)
Where a zone symbol contains the suffix "CH" with or without a special
provision (e.g. R1-CH or R1-1-CH), the zoning shall not take effect until
the prescribed conditions are met including obtaining a Record of Site
Condition from the Ministry of the Environment.
b)
When the amending By-Law removing the "CH" Holding symbol from a
zone is enacted, the permitted uses and regulations for that lot shall apply.
c)
Until such time as the prescribed conditions are met, the identified lot shall
only be used for the existing permitted use as of the date of this By-law
not including the expansion of the existing permitted use, or other uses as
set out in the Holding provision(s).
38
Section 5:
First Density Residential Zone (R1)
5.1
General
a)
No person shall use any lot or erect, alter or use any building or structure
in any First Density Residential (R1) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 5.
b)
In addition to Section 5.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
5.2
Permitted Uses
a)
Dwelling, Detached; and
b)
Uses, structures and buildings accessory thereto
5.3
Zone Requirements - Dwelling, Detached
a)
b)
c)
d)
e)
f)
Minimum Lot Frontage
Minimum Lot Frontage - Corner Lot
Minimum Lot Area
Minimum Front Yard
Minimum Interior Side Yard
Minimum Corner Side Yard
15 metres
17 metres
0.05 hectares
6.5 metres
1.5 metres
3.5 metres
g)
Minimum Rear Yard
7 metres except the
minimum rear yard which
includes the Hazard (H)
zone shall be determined
by the Niagara Peninsula
Conservation Authority in
accordance with Ontario
Regulation 155/06, as
amended
h)
Maximum Lot Coverage
40 percent
i)
Maximum Height
11 metres
j)
Minimum Landscaped Area
25 percent
k)
No accessory building or structure shall be erected in any required
minimum front or corner side yard on any lot that abuts the Lake Erie
shoreline.
39
Section 6:
Second Density Residential Zone (R2)
6.1
General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Second Density Residential (R2) Zone except in accordance with
the applicable provisions of Sections 2, 3 and 6.
b)
In addition to Section 6.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
6.2
Permitted Uses
a)
Dwelling, Detached;
b)
Dwelling, Duplex,
b)
Dwelling, Semi-detached; and
d)
Uses, structures and buildings accessory thereto
6.3
Zone Requirements - Dwelling, Detached
6.4
a)
Minimum Lot Frontage
12 metres
b)
Minimum Lot Frontage - Corner Lot
15 metres
c)
Minimum Lot Area
0.04 hectares
d)
Minimum Front Yard
6.5 metres
e)
Minimum Interior Side Yard
1 metre
f)
Minimum Corner Side Yard
3.5 metres
g)
Minimum Rear Yard
6 metres
h)
Maximum Lot Coverage
50 percent
i)
Maximum Height
11 metres
j)
Minimum Landscaped Area
25 percent
Zone Requirements - Dwelling, Duplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
40
6.5
j)
Common walls shall be centred on the common lot line
k)
Notwithstanding the provisions of Section 6.5, nothing shall prevent the
splitting of any lot on which a semi-detached dwelling is erected into 2
parts divided in part by the centre line of the common or party wall
separating the dwelling units in such dwelling provided that each until shall
have a minimum lot area of 0.02 hectares
l)
There is no minimum interior side yard and/or rear yard for common walls.
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Zone Requirements - Dwelling, Semi-Detached
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
41
Section 7:
Third Density Residential Zone (R3)
7.1
General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Third Density Residential (R3) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 7.
b)
In addition to Section 7.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
7.2
Permitted Uses
a)
Dwelling, Detached;
b)
Dwelling, Semi-detached;
c)
Dwelling, Duplex;
d)
Dwelling, Triplex;
e)
Dwelling, Fourplex;
f)
Townhouse, Block;
g)
Townhouse, Street; and
h)
Uses, structures and buildings accessory thereto
7.3
Zone Requirements - Dwelling, Semi-Detached
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
42
l)
Notwithstanding the provisions of Section 7.3, nothing shall prevent the
splitting of any lot on which a semi-detached dwelling is erected into 2
parts divided in part by the centre line of the common or party wall
separating the dwelling units in such dwelling provided that each unit shall
have a minimum lot area of 0.02 hectares
7.4
Zone Requirements - Dwelling, Duplex
7.5
7.6
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Zone Requirements - Dwelling, Triplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Zone Requirements - Dwelling, Fourplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
43
7.7
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone.
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
7.8
Zone Requirements - Townhouse, Street
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Zone Requirements - Townhouse, Block
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
44
h)
Minimum Landscaped Area
25 percent
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
7.9
Zone Requirements - Dwelling, Detached
The zone requirements of the Second Density Residential (R2) zone shall apply.
45
Section 8:
Fourth Density Residential Zone (R4)
8.1
General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Fourth Density Residential (R4) Zone except in accordance with
the applicable provisions of Sections 2, 3 and 8.
b)
In addition to Section 8.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or
agencies as indicated in Section 1.3.
8.2
Permitted Uses
a)
Dwelling, Detached
b)
Dwelling, Semi-Detached
c)
Dwelling, Duplex
c)
Dwelling, Triplex;
d)
Dwelling, Fourplex;
e)
Dwelling, Townhouse Block;
f)
Dwelling, Townhouse Street;
g)
Apartment Buildings;
h)
Apartment Buildings, Public;
i)
Boarding or Lodging House; and
j)
Uses, structures and buildings accessory thereto
8.3
Zone Requirements - Dwelling, Triplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
46
i)
Minimum Landscaped Area
25 percent
8.4
Zone Requirements - Dwelling, Fourplex
8.5
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone.
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
8.6
Zone Requirements - Dwelling, Townhouse Street
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Zone Requirements - Dwelling, Townhouse Block
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
47
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone.
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
8.7
Zone Requirements - Apartment Buildings; Apartment Buildings, Public;
Boarding and Lodging House
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
20 metres
i)
Minimum Landscaped Area
25 percent
j)
Minimum Floor Area for a Unit
50 square metres
8.8
Zone Requirements - Detached Dwelling
The zone requirements of the Second Density Residential (R2) zone shall apply.
8.9
Zone Requirements - Semi-Detached Dwelling
The zone requirements of the Third Density Residential (R3) zone shall apply.
48
8.10 Zone Requirements - Duplex Dwelling
The zone requirements of the Third Density Residential (R3) zone shall apply.
49
Section 9:
Residential Townhouse Zone (RT)
9.1
General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Residential Townhouse (RT) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 9.
b)
In addition to Section 9.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
9.2
Permitted Uses
a)
Dwelling, Townhouse Block;
b)
Dwelling, Townhouse Street; and
c)
Uses, structures and buildings accessory thereto
9.3
Zone Requirements - Dwelling, Townhouse Block
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
i)
A 3 metre planting strip shall be required when a Townhouse development
abuts the boundary of the Residential First Density, Residential Second
Density or Residential Third Density Zone.
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
9.4
Zone Requirements - Dwelling, Townhouse Street
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
50
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone.
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
50
Section 10: Rural Residential Zone (RR)
10.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Rural Residential (RR) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 10.
b)
In addition to Section 10.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
10.2 Permitted Uses
a)
Dwelling, Detached;
b)
Uses, structures and buildings accessory thereto
10.3 Zone Requirements - Dwelling Detached
a)
Minimum Lot Frontage
45 metres
b)
Minimum Lot Area
0.4 hectares or as existing
c)
Minimum Front Yard
10 metres
d)
Minimum Interior Side Yard
4 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
9 metres
g)
Maximum Lot Coverage
15 percent
h)
Maximum Height
11 metres
51
Section 11: Lakeshore Residential Zone (LR)
11.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Lakeshore Residential (LR) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 11.
b)
In addition to Section 11.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
11.2 Permitted Uses
a)
Dwelling, Detached;
b)
Uses, structures and buildings accessory thereto
11.3 Zone Requirements - Dwelling Detached or Dwelling, Seasonal
a)
b)
c)
d)
e)
Minimum Lot Frontage
Minimum Lot Area
Minimum Front Yard
Minimum Interior Side Yard
Minimum Corner Side Yard
30 metres
0.4 hectares or as existing
10 metres
3 metres
4.5 metres
f)
Minimum Rear Yard
7 metres except the
minimum rear yard which
includes the Hazard (H)
zone shall be determined
by the Niagara Peninsula
Conservation Authority in
accordance with Ontario
Regulation 155/06, as
amended.
g)
Maximum Lot Coverage
15 percent
h)
Maximum Height
11 metres
11.4 Additional Zone Requirements - Accessory Structures
a)
A boat house shall be permitted with no rear yard.
b)
No accessory building or structure shall be erected in any required
minimum front or corner side yard.
52
Section 12: Hamlet Residential Zone (HR)
12.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Hamlet Residential (HR) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 12.
b)
In addition to Section 12.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
12.2 Permitted Uses
a)
Dwelling, Detached;
b)
Uses, structures and buildings accessory thereto
12.3 Zone Requirements - Dwelling Detached
a)
Minimum Lot Frontage
45 metres
b)
Minimum Lot Area
0.4 hectares or as existing
c)
Minimum Front Yard
10 metres
d)
Minimum Interior Side Yard
4 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
9 metres
g)
Maximum Lot Coverage
15 percent
h)
Maximum Height
11 metres
53
Section 13: Residential Development Zone (RD)
13.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Residential Development (RD) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 13.
b)
In addition to Section 13.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
13.2 Permitted Uses
a)
Dwelling, Detached
b)
Uses, structures and buildings accessory thereto
13.3 Zone Requirements - Dwelling Detached
a)
Minimum Lot Frontage
30m
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8m
d)
Minimum Interior Side Yard
5m
e)
Minimum Corner Side Yard
8m
f)
Minimum Rear Yard
8m
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11m
54
Section 14: Hamlet Development Zone (HD)
14.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Hamlet Development (HD) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 14.
b)
In addition to Section 14.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
14.2 Permitted Uses
a)
Existing uses only;
b)
Uses, structures and buildings accessory thereto
14.3 Zone Requirements - Dwelling Detached
a)
Minimum Lot Frontage
30m or as existing
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8m
d)
Minimum Interior Side Yard
5m
e)
Minimum Corner Side Yard
8m
f)
Minimum Rear Yard
8m
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11m
55
Section 15: Rural (RU)
15.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Rural (RU) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 15.
b)
In addition to Section 15.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
15.2 Permitted Uses
a)
Accessory Agricultural Activities;
b)
Agriculture Use;
c)
Agri-tourism and Value Added Uses;
d)
Cannabis Production Facility;
e)
Conservation Uses;
f)
Dwelling, detached existing at the date of the passing of this By-law as a
principal use on a new lot;
g)
Dwelling, detached as a principal use on an existing lot of record;
h)
Kennel;and
i)
Uses, structures and buildings accessory thereto
15.3 Zone Requirements
a)
Minimum Lot Frontage
30 metres or as existing
b)
Minimum Lot Area
0.4 hectares or as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Interior Side Yard
5 metres
e)
Minimum Corner Side Yard
8 metres
f)
Minimum Rear Yard
8 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
56
15.4 Zone Requirements - Agriculture Uses
15.5
15.6
a)
Minimum Lot Frontage
30 metres or as existing
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Interior Side Yard
5 metres
e)
Minimum Corner Side Yard
8 metres
f)
Minimum Rear Yard
8 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
Zone Requirements - Dwelling Detached
a)
Minimum Lot Frontage
30 metres or as existing
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Interior Side Yard
5 metres
e)
Minimum Corner Side Yard
8 metres
f)
Minimum Rear Yard
8 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
Zone Requirements - Accessory Structures to Dwellings
a)
Maximum Lot Coverage
1 percent, provided the lot
coverage or all buildings
and structures on the lot
does not exceed 10
percent
b)
Minimum Side Yard
3 metres except the
minimum side yard
abutting a street shall be
7.5 metres
c)
Minimum Rear Yard
3 metres except the
minimum side yard
abutting a street shall be
7.5 metres
57
15.7
h)
Kennels shall be permitted in an accessory structure and may include an
enclosed outdoor exercise area or pen.
15.8 Zone Requirements - Cannabis Production Facility
a)
b)
Minimum Lot Frontage
Minimum Lot Area
75 metres
Permitted only on an
existing lot having a
minimum size of 3
hectares
c)
Maximum Lot Coverage
i)
Lots less than 5 hectares
30 percent
ii)
Lots 5 hectares to 10 hectares
10 percent
iii)
Lots greater than 10 hectares
5 percent
d)
Minimum Front Yard
30 metres
e)
Minimum Interior Side Yard
16 metres
f)
Minimum Corner Side Yard
30 metres
g)
Minimum Rear Yard
30 metres
h)
Minimum Separation to Sensitive Land Use
150 metres
d)
Minimum Distance from a Dwelling
3 metres
Zone Requirements - Kennels
a)
Minimum Lot Area
1.6 hectares
b)
Minimum Lot Frontage
75 metres
c)
Minimum Front Yard
50 metres or behind the
front building line of the
main building on the lot,
whichever is greater
d)
Minimum Side Yard
25 metres
e)
Minimum Rear Yard
30 metres
f)
Minimum Distance to Adjacent Dwellings
160 metres
g)
Maximum Lot Coverage
20 percent
58
i)
Where a lot line of a lot containing a Cannabis Production Facility abuts
a sensitive land use, then that part of said lot directly adjoining such lot
line shall be used for no purpose other than a landscape buffer having a
minimum width of 1.5 metres, measured perpendicularly to said lot line.
j)
Outside storage of goods, materials or other supplies is not permitted.
k)
Where a building or structure consists of more than 40% glass and where
artificial lighting is required an opaque fence shall be provided and
maintained adjacent to every portion of any lot line that abuts a sensitive
land use.
l)
1 parking space shall be provided for every employee on the largest shift.
m)
Servicing for the facility shall be designed by a Qualified Professional,
identifying the source of irrigation water, water quantities required and the
effects of same on the groundwater table and nearby wells.
59
Section 16: Agricultural Residential Zone (AR)
16.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Agricultural Residential (AR) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 16.
b)
In addition to Section 16.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
16.2 Permitted Uses
a)
Dwelling, Detached;
b)
Uses, structures and buildings accessory thereto
16.3 Zone Requirements - Dwelling Detached
16.4
a)
b)
Minimum Lot Frontage
Minimum Lot Area
45 metres
0.4 hectares unless a
larger lot area is required
to accommodate private
services as determined by
a qualified professional.
c)
Minimum Front Yard
10 metres
d)
Minimum Interior Side Yard
4 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
9 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
Zone Requirements - Accessory Structures to Dwellings
a)
Minimum Side Yard
3 metres except the
minimum side yard abutting a
street shall be 7.5 metres
b)
Minimum Rear Yard
3 metres except the
minimum side yard abutting
a street shall be 7.5 metres
60
c)
Minimum Distance from Dwelling
3 metres
61
Section 17: Agricultural Zone (A)
17.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Agricultural (A) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 17.
b)
In addition to Section 17.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
17.2 Permitted Uses
a)
Accessory Agricultural Activities;
b)
Agriculture Use;
c)
Agri-tourism and Value Added Uses;
d)
Cannabis Production Facility;
e)
Conservation Uses;
f)
Dwelling, detached existing at the date of the passing of this By-law as a
principal use on a new lot;
g)
Dwelling, detached as a principal use on an existing lot of record at the
date of the passing of this By-law;
h)
Kennel; and
i)
Uses, structures and buildings accessory thereto
17.3 Zone Requirements
a)
Minimum Lot Frontage
30 metres or as existing
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Interior Side Yard
5 metres
e)
Minimum Corner Side Yard
8 metres
f)
Minimum Rear Yard
8 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
62
17.4 Additional Zone Requirements - Accessory Structures to Dwellings
17.5
h)
Kennels shall be permitted in an accessory structure and may include an
enclosed outdoor exercise area or pen.
17.6 Additional Zone Requirements - Agri-tourism and Value Added Uses
a)
Maximum Floor Area
55 square metres
a)
Maximum Lot Coverage
1 percent, provided the lot
coverage of all buildings
and structures on the lot
does not exceed 10
percent
b)
Minimum Side Yard
3 metres except the
minimum side yard
abutting a street shall be
7.5 metres
c)
Minimum Rear Yard
3 metres except the
minimum side yard
abutting a street shall be
7.5 metres
d)
Minimum Distance from a Dwelling
3 metres
Additional Zone Requirements - Kennels
a)
Minimum Lot Area
1.6 hectares
b)
Minimum Lot Frontage
75 metres
c)
Minimum Front Yard
50 metres or behind the
front building line of the
main building on the lot,
whichever is greater
d)
Minimum Side Yard
25 metres
e)
Minimum Rear Yard
30 metres
f)
Minimum Distance to Adjacent Dwellings
160 metres
g)
Maximum Lot Coverage
20 percent
63
17.7 Additional Zone Requirements - Cannabis Production Facility
a)
Minimum Lot Frontage
75 metres
b)
Minimum Lot Area
Permitted only on an
existing lot having a
minimum size of 3
hectares
c)
Maximum Lot Coverage
i)
Lots less than 5 hectares
30 percent
ii)
Lots 5 hectares to 10 hectares
10 percent
iii)
Lots greater than 10 hectares
5 percent
d)
Minimum Front Yard
30 metres
e)
Minimum Interior Side Yard
16 metres
f)
Minimum Corner Side Yard
30 metres
g)
Minimum Rear Yard
30 metres
h)
Minimum Separation to Sensitive Land Use
150 metres
i)
Where a lot line of a lot containing a Cannabis Production Facility abuts
a sensitive land use, then that part of said lot directly adjoining such lot
line shall be used for no purpose other than a landscape buffer having a
minimum width of 1.5 metres, measured perpendicularly to said lot line.
j)
Outside storage of goods, materials or other supplies is not permitted.
k)
Where a building or structure consists of more than 40% glass and where
artificial lighting is required an opaque fence shall be provided and
maintained adjacent to every portion of any lot line that abuts a sensitive
land use.
l)
1 parking space shall be provided for every employee on the largest shift.
m)
Servicing for the facility shall be designed by a Qualified Professional,
identifying the source of irrigation water, water quantities required and the
effects of same on the groundwater table and nearby wells.
64
Section 18: Agricultural Purposes Only Zone (APO)
18.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Agricultural Purposes Only (APO) Zone except in accordance with
the applicable provisions of Sections 2, 3 and 18.
b)
In addition to Section 18.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
18.2 Permitted Uses
a)
Agricultural uses;
b)
Conservation uses;
c)
Uses, structures and buildings accessory thereto including greenhouses
18.3 Zone Requirements
a)
Minimum Lot Frontage
30 metres or as existing
b)
Minimum Lot Area
as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Interior Side Yard
5 metres
e)
Minimum Corner Side Yard
8 metres
f)
Minimum Rear Yard
8 metres
g)
Maximum Lot Coverage
10 percent
h)
Maximum Height
11 metres
65
Section 19: Neighbourhood Commercial Zone (NC)
19.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Neighbourhood Commercial (NC) Zone except in accordance with
the applicable provisions of Sections 2, 3 and 19.
b)
In addition to Section 19.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
19.2 Permitted Uses
a)
Animal Care Establishment;
b)
Convenience Store;
c)
Day Care;
d)
Dwelling, Accessory
e)
Personal Service Business; and
f)
Restaurant, Take-Out;
g)
Uses, structures and buildings accessory thereto
19.3 Zone Requirements
a)
b)
c)
d)
Minimum Lot Frontage
Minimum Lot Area
Minimum Front Yard
Minimum Lot Depth
15 metres
0.05 hectares
9 metres
35 metres
e)
Minimum Interior Side Yard
no minimum except where
an interior side yard abuts
a residential zone the
setback shall be 2.5
metres
f)
Minimum Corner Side Yard
2 metres
g)
Minimum Rear Yard
4.5 metres
h)
Maximum Height
11 metres
66
i)
Maximum Gross Floor Area
230 square metres for
each permitted use under
Section 19.2 (a) to (g)
19.4 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
50 percent
b)
Minimum Floor Area
50 Square metres
c)
A maximum of one accessory residential unit is permitted per
neighbourhood commercial unit in the same building.
d)
An accessory dwelling unit is only permitted above neighbourhood
commercial uses.
67
Section 20: Hamlet Commercial Zone (HMC)
20.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Hamlet Commercial (HMC) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 20.
b)
In addition to Section 20.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
20.2 Permitted Uses
a)
Agriculture Farm Related Commercial or Industrial;
b)
Bulk Water Haulage Operator;
c)
Contractors Yard;
d)
Convenience Store
e)
Day Care;
f)
Dwelling, Accessory
g)
Food Vehicle;
h)
Personal Service Business;
i)
Restaurant, Take-Out;
j)
Veterinary Clinic;
k)
Motor Vehicle Sales/Rental Service Centre;
l)
Uses, structures and buildings accessory thereto
20.3 Zone Requirements
a)
Minimum Lot Frontage
15 metres
b)
Minimum Lot Area
0.5 hectares
c)
Minimum Front Yard
9 metres
d)
Minimum Lot Depth
35 metres
e)
Minimum Interior Side Yard
no minimum except where
an interior side yard abuts
a residential zone the
setback shall be 2.5
metres
68
g)
Minimum Corner Side Yard
2 metres
h)
Minimum Rear Yard
4.5 metres
i)
Maximum Height
11 metres
j)
Maximum Gross Floor Area
230 square metres for
each permitted use under
Section 20.2 (a) to (k)
20.4 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
50 percent
b)
Minimum Floor Area
50 square metres
c)
A maximum of one accessory residential unit is permitted per hamlet
commercial use in the same building.
d)
An accessory dwelling unit is only permitted above hamlet commercial
uses.
69
Section 21: Mixed Use (MU) Zone
21.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Mixed Use (MU) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 21.
b)
In addition to Section 21.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
21.2 Permitted Uses
a)
Animal Care Establishment;
b)
Apartment Building;
c)
Apartment Building, Public;
d)
Convenience Store;
e)
Community Garden;
f)
Day Care;
g)
Dwelling, Accessory;
h)
Dwelling, Duplex;
i)
Dwelling, Fourplex;
j)
Dwelling, Detached;
k)
Dwelling, Semi-detached;
l)
Dwelling, Townhouse Street;
m)
Dwelling, Triplex;
n)
Food Vehicle
o)
Long Term Care Facility;
p)
Office;
q)
Personal Service Business;
r)
Public Uses;
s)
Restaurant, Fast-Food;
t)
Restaurant, Full-Service;
70
u)
Restaurant, Take-Out;
v)
Service Commercial;
w)
Social Services Facility;
x)
Studio; and
y)
Uses, structures and buildings accessory thereto
21.3 Zone Requirements - Non-Residential Buildings and Mixed Use
(Residential and Non-Residential) Buildings
a)
b)
c)
d)
Minimum Lot Frontage
Minimum Lot Area
Minimum Front Yard
Minimum Interior Side Yard
15 metres
0.5 hectares
9 metres
1.2
e)
Minimum Interior Side Yard abutting
7.5 metres or half the
height of a Residential
Zone the building,
whichever is greater
f)
Minimum Corner Side Yard
2 metres
g)
Minimum Rear Yard
4.5 metres
h)
Maximum Height
11 metres
i)
Minimum Landscape Buffer abutting
Residential Zone
3 metres
21.4 Additional Zone Requirements - Dwelling, Detached
a)
Minimum Lot Frontage
12 metres
b)
Minimum Lot Frontage - Corner Lot
15 metres
c)
Minimum Lot Area
0.04 hectares
d)
Minimum Front Yard
6.5 metres
e)
Minimum Interior Side Yard
1 metre
f)
Minimum Corner Side Yard
3.5 metres
g)
Minimum Rear Yard
6 metres
71
21.5
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
l)
Notwithstanding the provisions of Section 21.5, nothing shall prevent the
splitting of any lot on which a semi-detached dwelling is erected into 2
parts divided in part by the centre line of the common or party wall
separating the dwelling units in such dwelling provided that each until shall
have a minimum lot area of 0.02 hectares
21.6 Additional Zone Requirements - Dwelling, Duplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
h)
Maximum Lot Coverage
50 percent
i)
Maximum Height
11 metres
j)
Minimum Landscaped Area
25 percent
Additional Zone Requirements - Dwelling, Semi-Detached
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area
0.05 hectares
c)
Minimum Front Yard
6.5 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
50 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
72
i)
Minimum Landscaped Area
25 percent
21.7 Additional Zone Requirements - Dwelling, Triplex
21.8
21.9 Additional Zone Requirements - Dwelling, Townhouse Street
a)
Minimum Lot Frontage per Unit
6 metres
b)
Minimum Lot Area
0.02 hectares
c)
Minimum Front Yard
7.5 metres
d)
Minimum Interior Side Yard
3 metres
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
Additional Zone Requirements - Dwelling, Fourplex
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
1.2 metres
e)
Minimum Corner Side Yard
3 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
11 metres
i)
Minimum Landscaped Area
25 percent
73
e)
Minimum Corner Side Yard
4.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Height
11 metres
h)
Minimum Landscaped Area
25 percent
i)
A 3 metre landscape buffer shall be required when a Townhouse
development abuts the boundary of the Residential First Density,
Residential Second Density or Residential Third Density Zone
j)
Common walls shall be centred on the common lot line.
k)
There is no minimum interior side yard and/or rear yard for common walls.
21.10 Additional Zone Requirements - Apartment Building, Apartment Building,
Public
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
20 metres
i)
Minimum Landscaped Area
25 percent
21.11 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
50 percent
b)
Minimum Floor Area
50 Square metres
c)
A maximum of one accessory residential unit is permitted per mixed use
zone use in the same building.
d)
An accessory residential unit is only permitted above mixed use zone
uses.
74
21.12 Additional Zone Requirements - Attached Accessory Use
a)
Max Percent of Total Gross Floor Area
50 percent
b)
An attached accessory use to a residential or commercial use is only
permitted above, to the rear and/or below mixed use zones.
75
Section 22: Commercial Plaza Zone (CP)
22.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Commercial Plaza (CP) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 22.
b)
In addition to Section 22.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
22.2 Permitted Uses
a)
Animal Care Establishment;
b)
Day Care;
c)
Drive-Thru Facility;
d)
Existing Motor Vehicle Gas Station;
e)
Existing Motor Vehicle Repair Garage;
f)
Medical Clinic;
g)
Office;
h)
Personal Service Business;
i)
Place of Worship;
j)
Public Use;
k)
Recreation Facility;
l)
Restaurant, Fast Food;
m)
Restaurant, Full-Service;
n)
Restaurant, Take-Out;
o)
Retail Store;
p)
Service Commercial;
q)
Studio;
r)
Veterinary Clinic; and
s)
Uses, structures and buildings accessory thereto
76
22.3 Zone Requirements
a)
Minimum Lot Frontage
no minimum
b)
Minimum Lot Area
no minimum
c)
Minimum Front Yard
23 metres
d)
Minimum Interior Side Yard
15 metres
e)
Minimum Corner Side Yard
23 metres
f)
Minimum Rear Yard
15 metres
g)
Maximum Building Height
8 metres
h)
Maximum Lot Coverage
33 percent
i)
Minimum Landscaped Area
10 percent
77
Section 23: Downtown Commercial Zone (DC)
23.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Downtown Commercial (DC) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 23.
b)
In addition to Section 23.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
23.2 Permitted Uses
a)
Animal Care Establishment;
b)
Apartment Building;
c)
Apartment Building, Public;
d)
Brew Pub;
e)
Day Care;
f)
Drive-Thru Facility;
g)
Dwelling, Accessory
h)
Existing Motor Vehicle Gas Station;
i)
Existing Motor Vehicle Repair Garage;
j)
Food Vehicle;
k)
Hotel;
l)
Medical Clinic;
m)
Office;
n)
Personal Service Business;
o)
Place of Assembly/Banquet Hall;
p)
Place of Worship;
q)
Private Club;
r)
Public Use;
s)
Recreation Facility;
t)
Restaurant, Fast Food;
78
u)
Restaurant, Full-Service;
v)
Restaurant, Take-Out;
w)
Retail Store;
x)
Service Commercial;
y)
Social Service Facility;
z)
Studio;
aa)
Veterinary Clinic; and
bb)
Uses, structures and buildings accessory thereto
23.3 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Lot Frontage where used
no minimum
6 metres
for Residential Purposes
c)
Minimum Lot Area
no minimum
d)
Minimum Front Yard
no minimum
e)
Minimum Interior Side Yard
no minimum
f)
Minimum Interior Side Yard abutting
a Residential Zone
no minimum
g)
Minimum Corner Side Yard
no minimum
h)
Minimum Rear Yard
no minimum
i)
Maximum Height
26 metres
j)
Maximum Gross Floor Area
100% of the lot area
23.4 Parking Requirements
a)
With the exception of buildings containing dwelling units, all lands zoned
Downtown Commercial shall be exempt from the parking and loading
requirements of this By-law.
79
b)
Buildings containing residential dwelling units will be subject to the
residential parking provisions of Section 3 of this By-law.
23.5 Additional Zone Requirements - Apartment Building, Apartment Building,
Public
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
no minimum
c)
Minimum Front Yard
no minimum
d)
Minimum Interior Side Yard
no minimum
e)
Minimum Corner Side Yard
no minimum
f)
Minimum Rear Yard
no minimum
g)
Maximum Lot Coverage
no minimum
h)
Maximum Height
26 metres
i)
Minimum Landscaped Area
25 percent
j)
Minimum Floor Area for a Unit
50 square metres
23.6 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
200 percent of the lot area
b)
Minimum Floor Area
50 square metres
c)
There is no maximum amount of accessory residential units in the same
building provided required parking can be provided under Section 3 for
each dwelling unit.
d)
An accessory residential unit is only permitted above downtown
commercial uses.
23.7 Additional Zone Requirements - Attached Accessory Use
a)
Max Percent of Total Gross Floor Area
50 percent
80
Section 24: Highway Commercial Zone (HC)
24.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Highway Commercial (HC) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 24.
b)
In addition to Section 24.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
24.2 Permitted Uses
a)
Animal Care Establishment;
b)
Brew Pub;
c)
Car Wash;
d)
Convenience Store;
e)
Day Care;
f)
Drive-Thru Facility;
g)
Dwelling, Accessory
h)
Food Vehicle;
i)
Hotel;
j)
Motor Vehicle Repair Garage;
k)
Motor Vehicle Sales/Rental Service Centre;
l)
Motor Vehicle Gas Station;
m)
Office;
n)
Personal Service Business;
o)
Place of Assembly/Banquet Hall;
p)
Place of Worship;
q)
Public Use;
r)
Recreation Facility;
s)
Restaurant, Fast Food;
t)
Restaurant, Full Service;
81
u)
Restaurant, Take-Out;
v)
Retail Building Construction and Supply;
w)
Service Commercial; and
x)
Uses, structures and buildings accessory thereto
24.3 Zone Requirements
a)
Minimum Lot Frontage
27 metres
b)
Minimum Lot Area
0.14 hectares
c)
Minimum Front Yard
9 metres
d)
f)
Minimum Interior Side Yard
Minimum Corner Side Yard
5 metres
7.5 metres
g)
Minimum Rear Yard
5 metres
i)
Maximum Building Height
22 metres
j)
Maximum Lot Coverage
85 percent
24.4 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
50 percent
b)
Minimum Floor Area
50 square metres
c)
A maximum of one accessory residential unit is permitted per
highway commercial use in the same building.
d)
An accessory dwelling unit is only permitted above highway commercial
zone uses.
24.5 Additional Zone Requirements - Attached Accessory Use
a)
Max Percent of Total Gross Floor Area
50 percent
82
Section 25: Marine Commercial Zone (MC)
25.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Marine Commercial (MC) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 25.
b)
In addition to Section 25.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
25.2 Permitted Uses
a)
Marina;
b)
Dock;
c)
Marine Sales and Service;
d)
Parking Lots;
e)
Public Use;
f)
Recreation Facility;
g)
Restaurant, Full-Service;
h)
Restaurant, Take-Out; and
i)
Uses, structures and buildings accessory thereto
25.3 Zone Requirements
a)
b)
c)
d)
Minimum Lot Frontage
Minimum Lot Area
Minimum Front Yard
Minimum Interior Side Yard
as existing
as existing
6 metres
no minimum
e)
Minimum Interior Side Yard abutting
a Residential Zone
3.5 metres
f)
Minimum Corner Side Yard
3.5 metres
g)
Minimum Rear Yard
5 metres
h)
Minimum Rear Yard abutting
3.5 metres
a Residential Zone
83
i)
Maximum Building Height
8 metres
j)
Maximum Lot Coverage
50 percent
84
Section 26: Light Industrial Zone (LI)
26.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Light Industrial (LI) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 26.
b)
In addition to Section 26.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
26.2 Permitted Uses - Principal
a)
Adult Oriented Entertainment Establishment;
b)
Cannabis Production Facility;
c)
Car wash;
d)
Contractor's Yard;
e)
Crematorium;
f)
Education Facility;
g)
Industry, Light;
h)
Motor Vehicle Repair Garage;
i)
Public Use;
j)
Research Facility;
k)
Transportation Depot; and
l)
Uses, structures and buildings accessory thereto and does not include
obnoxious, dangerous or offensive trades
26.3 Permitted Uses - Accessory
a)
Food Vehicle;
b)
Office;
c)
Retail Store;
d)
Restaurant, Fast-Food;
e)
Restaurant, Full-Service; and
f)
Restaurant, Take-Out
85
26.4 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Front Yard
30 metres
7.5 metres
c)
Minimum Front Yard abutting
a Residential or Agricultural Zone
15 metres
d)
Minimum Side Yard
10 percent of lot frontage
or 3 metres, whichever is
less
e)
Minimum Interior Side Yard abutting
a Residential or Agricultural Zone
15 metres
f)
Minimum Interior Side Yard abutting
a Railroad or Hydro Right-of-Way
1.5 metres
g)
Minimum Rear Yard
8 metres
h)
Maximum Building Height
15 metres
i)
Maximum Building Height abutting
a Residential Zone
8 metres
j)
Outside Storage is permitted only in the rear yard and interior side yard to
a maximum of 10 percent of the total gross floor area on the lot.
k)
The gross floor area of the permitted accessory use(s) shall not exceed
30% of the total gross floor area of the principal use(s) on the lot.
l)
Corner walls facing a public road shall not be constructed of concrete
blocks unless the blocks are decorative masonry units; or used in a
decorative pattern or surfaced with stucco; or with a permanent coloured
finish which does not include paint.
m)
In addition to the general parking provisions of Section 3 of this By-law all
parking areas in the front yard and/or corner side yard shall be:
i)
Paved with concrete or asphalt;
ii)
Defined by poured concrete curbing; and
iii)
Clearly marked with pavement markings for each parking space
n)
Vehicle wash bays other than those located entirely within an enclosed
building are not permitted in a yard abutting a Residential use.
86
o)
Outdoor storage is subject to the provisions outlined in Section 2.18 and
the following:
i)
Outdoor storage is not permitted in any yard that abuts a highway
or an arterial collector road;
ii)
No outdoor scrap yard, recycling storage yard or outdoor
processing shall be located closer than 150 metres to any
Residential use.
26.5 Additional Zone Requirements - Cannabis Production Facility
a)
Minimum Lot Frontage
30 metres
b)
Maximum Lot Coverage
i)
Lots less than 5 hectares
30 percent
ii)
Lots 5 hectares to 10 hectares
10 percent
iii)
Lots greater than 10 hectares
5 percent
c)
Minimum Front Yard
30 metres
d)
Minimum Interior Side Yard
16 metres
e)
Minimum Corner Side Yard
30 metres
f)
Minimum Rear Yard
30 metres
g)
Minimum Separation to Sensitive Land Use
150 metres
h)
Where a lot line of a lot containing a Cannabis Production Facility abuts
a sensitive land use, then that part of said lot directly adjoining such lot
line shall be used for no purpose other than a planting strip having a
minimum width of 1.5 metres, measured perpendicularly to said lot line.
i)
Outside storage of goods, materials or other supplies is not permitted.
j)
Where a building or structure consists of more than 40% glass and where
artificial lighting is required an opaque fence shall be provided and
maintained adjacent to every portion of any lot line that abuts a sensitive
land use.
k)
1 parking space shall be provided for every employee on the largest shift.
87
l)
Servicing for the facility shall be designed by a Qualified Professional,
identifying the source of irrigation water, water quantities required and the
effects of same on the groundwater table and nearby wells.
m)
All operations related to the production, storage and processing of
cannabis shall occur within a completely enclosed building but not a
greenhouse.
88
Section 27: Heavy Industrial Zone (HI)
27.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Heavy Industrial (HI) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 27.
b)
In addition to Section 27.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
27.2 Permitted Uses - Principal
a)
Adult Entertainment Establishment;
b)
Bulk Fuel Depot;
c)
Cannabis Production Facility;
d)
Car Wash;
e)
Contractor's Yard;
f)
Crematorium;
g)
Education Facility;
h)
Heavy Equipment Sales and Service;
i)
Industry, Heavy;
j)
Industry, Light;
k)
Motor Vehicle Repair Garage;
l)
Public Uses;
m)
Research Facility;
n)
Transportation Depot; and
o)
Uses, structures and buildings accessory thereto and does not include
obnoxious, dangerous or offensive trades
27.3 Permitted Uses - Accessory
a)
Food Vehicle;
b)
Office;
c)
Retail Store;
89
d)
Restaurant, Fast-Food;
e)
Restaurant, Full-Service; and
f)
Restaurant, Take-Out
27.4 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Front Yard
30 metres
7.5 metres
c)
Minimum Front Yard abutting
a Residential or Agricultural Zone
15 metres
d)
Minimum Side Yard
10 percent of lot frontage
or 3 metres, whichever is
less
e)
Minimum Interior Side Yard abutting
a Residential or Agricultural Zone
15 metres
f)
Minimum Interior Side Yard abutting
a Railroad or Hydro Right-of-Way
1.5 metres
g)
Minimum Rear Yard
8 metres
h)
Maximum Building Height
15 metres
i)
Maximum Building Height abutting
a Residential Zone
8 metres
j)
Outside Storage is permitted only in the rear yard and interior side yard.
k)
The gross floor area of the permitted accessory use(s) shall not exceed
15% of the total gross floor area of the principal use(s) on the lot.
l)
Corner walls facing a public road shall not be constructed of concrete
blocks unless the blocks are decorative masonry units; or used in a
decorative pattern or surfaced with stucco; or with a permanent coloured
finish which does not include paint.
m)
In addition to the general parking provisions of Section 3 of this By-law all
parking areas in the front yard and/or corner side yard shall be:
i)
Paved with concrete or asphalt;
ii)
Defined by poured concrete curbing; and
90
iii)
Clearly marked with pavement markings for each parking space
n)
Vehicle wash bays other than those located entirely within an enclosed
building are not permitted in a yard abutting a Residential use.
o)
Outdoor storage and outdoor processing is subject to the provisions
outlined in Section 2.18 and the following:
i)
Outdoor storage and outdoor processing is not permitted in any
yard that abuts a highway or an arterial collector road;
ii)
No outdoor scrap yard, recycling storage yard or outdoor
processing shall be located closer than 150 metres to any
Residential use;
27.5 Additional Zone Requirements - Cannabis Production Facility
a)
Minimum Lot Frontage
30 metres
b)
Maximum Lot Coverage
i)
Lots less than 5 hectares
30 percent
ii)
Lots 5 hectares to 10 hectares
10 percent
iii)
Lots greater than 10 hectares
5 percent
c)
Minimum Front Yard
30 metres
d)
Minimum Interior Side Yard
16 metres
e)
Minimum Corner Side Yard
30 metres
f)
Minimum Rear Yard
30 metres
g)
Minimum Separation to Sensitive Land Use
150 metres
h)
Where a lot line of a lot containing a Cannabis Production Facility abuts
a sensitive land use, then that part of said lot directly adjoining such lot
line shall be used for no purpose other than a landscape buffer having a
minimum width of 1.5 metres, measured perpendicularly to said lot line.
i)
Outside storage of goods, materials or other supplies is not permitted.
j)
Where a building or structure consists of more than 40% glass and where
artificial lighting is required an opaque fence shall be provided and
91
maintained adjacent to every portion of any lot line that abuts a sensitive
land use.
k)
1 parking space shall be provided for every employee on the largest shift.
l)
Servicing for the facility shall be designed by a Qualified Professional,
identifying the source of irrigation water, water quantities required and the
effects of same on the groundwater table and nearby wells.
m)
All operations related to the production, storage and processing of
cannabis shall occur within a completely enclosed building but not a
greenhouse.
92
Section 28: Mineral Aggregate Operation Zone (MAO)
28.1 General
a)
No person shall make or establish any pit or quarry, or use any lot or
erect, alter or use any building or structure in any Mineral Aggregate
Operation (MAO) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 28.
b)
In addition to Section 28.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
28.2 Permitted Uses
a)
Mineral Aggregate Operations;
b)
Making or establishment of pits and quarries for the purpose of extracting
natural materials from the earth including soil, clay, sand, gravel, stone,
rock, shale and minerals;
c)
Processing of natural materials including screening, sorting, washing,
crushing, storing and other similar operations related to an extractive
industrial operation;
d)
Agricultural uses;
e)
Uses, structures and buildings accessory thereto excepting any building or
structure used for human habitation.
28.3 Zone Requirements
a)
No building or structure other than a fence shall be located within 30
metres of any lot line or within 90 metres of any occupied dwelling or
Residential Zone.
b)
No pit, quarry or excavation shall be made or established within 15 metres
of any lot line which does not abut a public street or 90 metres of any lot
line which abuts a Provincial Highway or 30 metres of any lot line which
abuts any other public street.
93
Section 29: Gateway Industrial Zone (GI)
29.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Gateway Industrial (GI) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 29.
b)
In addition to Section 29.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
29.2 Permitted Uses
a)
Cannabis Production Facility
b)
Contractor's Yard;
c)
Education Facility;
d)
Industry, Light;
e)
Multi-modal Storage Facility;
f)
Public Use;
g)
Research Facility;
h)
Transportation Depot; and
i)
Uses, structures and buildings accessory thereto and does not include
obnoxious, dangerous or offensive trades
29.3 Permitted Uses - Accessory
a)
Employee Convenience Facility;
b)
Retail Store;
c)
Restaurant, Fast-Food;
d)
Restaurant, Full-Service; and
e)
Restaurant, Take-Out
29.4 Zone Requirements
a)
Minimum Lot Frontage
30 metres
b)
Minimum Front Yard
7.5 metres
c)
Minimum Front Yard abutting
a Residential or Agricultural Zone
15 metres
94
d)
Minimum Side Yard
10 percent of lot frontage
or 3 metres, whichever is
less
e)
Minimum Interior Side Yard abutting
a Residential or Agricultural Zone
15 metres
f)
Minimum Interior Side Yard abutting
a Railroad or Hydro Right-of-Way
1.5 metres
g)
Minimum Rear Yard
8 metres
h)
Maximum Building Height
15 metres
i)
Maximum Building Height abutting
a Residential Zone
8 metres
j)
Outside Storage is permitted only in the rear yard and interior side yard to
a maximum of 10 percent of the total gross floor area on the lot.
k)
The gross floor area of the permitted accessory use(s) shall not exceed
30% of the total gross floor area of the principal use(s) on the lot.
l)
Exterior walls facing a public road shall not be constructed of concrete
blocks unless the blocks are decorative masonry units; or used in a
decorative pattern or surfaced with stucco; or with a permanent coloured
finish which does not include paint.
m)
In addition to the general parking provisions of Section 3 of this By-law all
parking areas in the front yard and/or corner side yard shall be:
i)
Paved with concrete or asphalt;
ii)
Defined by poured concrete curbing; and
iii)
Clearly marked with pavement markings for each parking space
n)
Outdoor storage is subject to the provisions outlined in Section 2.18 and
the following:
i)
Outdoor storage is not permitted in any yard that abuts a highway
or an arterial collector road;
ii)
No outdoor scrap yard, recycling storage yard or outdoor
processing shall be located closer than 150 metres to any
Residential use.
95
29.5 Additional Zone Requirements - Cannabis Production Facility
a)
Minimum Lot Frontage
75 metres
b)
Minimum Lot Area
Permitted only on an
existing lot having a
minimum size of 3
hectares
c)
Maximum Lot Coverage
i)
Lots less than 5 hectares
30 percent
ii)
Lots 5 hectares to 10 hectares
10 percent
iii)
Lots greater than 10 hectares
5 percent
d)
Minimum Front Yard
30 metres
e)
Minimum Interior Side Yard
16 metres
f)
Minimum Corner Side Yard
30 metres
g)
Minimum Rear Yard
30 metres
h)
Minimum Separation to Sensitive Land Use
150 metres
i)
Where a lot line of a lot containing a Cannabis Production Facility abuts
a sensitive land use, then that part of said lot directly adjoining such lot
line shall be used for no purpose other than a landscape buffer having a
minimum width of 1.5 metres, measured perpendicularly to said lot line.
j)
Outside storage of goods, materials or other supplies is not permitted.
k)
Where a building or structure consists of more than 40% glass and where
artificial lighting is required an opaque fence shall be provided and
maintained adjacent to every portion of any lot line that abuts a sensitive
land use.
l)
1 parking space shall be provided for every employee on the largest shift.
m)
Servicing for the facility shall be designed by a Qualified Professional,
identifying the source of irrigation water, water quantities required and the
effects of same on the groundwater table and nearby wells.
n)
All operations related to the production, storage and processing of
cannabis shall occur within a completely enclosed building but not a
greenhouse.
96
Section 30: Industrial Development Zone (ID)
30.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Industrial Development (ID) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 30.
b)
In addition to Section 30.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
30.2 Permitted Uses
a)
Agricultural Farm Related Commercial or Industrial;
b)
Contractor's Yard;
c)
Heavy Equipment Sales and Service;
d)
Multi-modal Storage Facility;
e)
Research Facility;
f)
Transportation Depot;
g)
Warehouse; and
h)
Uses, structures and buildings accessory thereto and does not include
obnoxious, dangerous or offensive trades
30.3 Zone Requirements
a)
b)
b)
Minimum Lot Frontage
Minimum Lot Area
Minimum Front Yard
30 metres
0.4 hectares
7.5 metres
c)
Minimum Front Yard abutting
a Residential or Agricultural Zone
15 metres
d)
Minimum Side Yard
10 percent of lot frontage
or 3 metres, whichever is
less
e)
Minimum Interior Side Yard abutting
a Residential or Agricultural Zone
15 metres
f)
Minimum Interior Side Yard abutting
a Railroad or Hydro Right-of-Way
1.5 metres
97
g)
Minimum Rear Yard
8 metres
h)
Maximum Building Height
15 metres
i)
Maximum Building Height abutting
8 metres
a Residential Zone
j)
Minimum Landscaped Open Space
25 percent
k)
Outside Storage is permitted only in the rear yard and interior side yard to a
maximum of 10 percent of the total gross floor area on the lot.
l)
The gross floor area of the permitted accessory use(s) shall not exceed
30% of the total gross floor area of the principal use(s) on the lot.
m)
Exterior walls facing a public road shall not be constructed of concrete
blocks unless the blocks are decorative masonry units; or used in a
decorative pattern or surfaced with stucco; or with a permanent coloured
finish which does not include paint.
n)
In addition to the general parking provisions of Section 3 of this By-law all
parking areas in the front yard and/or corner side yard shall be:
-
Paved with concrete or asphalt;
-
Defined by poured concrete curbing; and
-
Clearly marked with pavement markings for each parking space.
o)
Outdoor storage is subject to the provisions outlined in Section 2.18 and
is not permitted in any yard that abuts a highway or an arterial collector
road;
98
Section 31: Institutional Zone (I)
31.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Institutional (I) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 31.
b)
In addition to Section 31.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
31.2 Permitted Uses
a)
Apartment Building, Public;
b)
Community Garden;
c)
Cultural Facility;
d)
Cemetery;
e)
Day Care;
f)
Dwelling, Accessory;
g)
Food Vehicle;
h)
Long Term Care Facility;
i)
Place of Assembly/Banquet Hall;
j)
Place of Worship;
k)
Public Uses;
l)
Social Service Facility; and
m)
Uses, structures and buildings accessory thereto
31.3 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Lot Area
as existing
as existing
c)
Minimum Front Yard
8 metres
d)
Minimum Lot Depth
no minimum
e)
Minimum Interior Side Yard
4.5 metres or half the
height of the building
99
abutting a Residential use,
whichever is greater
f)
Minimum Corner Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Maximum Lot Coverage
40 percent
i)
Maximum Height
11 metres
j)
Minimum Landscaped Open Space
35 percent
31.4 Additional Zone Requirements - Dwelling, Accessory
a)
Max Percent of Total Gross Floor Area
25 percent
b)
Minimum Floor Area
50 square metres
c)
A maximum of one accessory residential unit is permitted per non-
commercial use.
31.5 Additional Zone Requirements -Apartment Building, Public
a)
Minimum Lot Frontage
18 metres
b)
Minimum Lot Area per Unit
125 square metres
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
3 metres
e)
Minimum Corner Side Yard
7.5 metres
f)
Minimum Rear Yard
6 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Height
20 metres
i)
Minimum Landscaped Area
25 percent
j)
Minimum Floor Area for a Unit
50 square metres
100
Section 32: Public and Park (P)
32.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Public and Park (P) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 32.
b)
In addition to Section 32.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
32.2 Permitted Uses
a)
Cemetery;
b)
Community Garden;
c)
Conservation Use;
d)
Cultural Facility;
e)
Food Vehicle;
f)
Park;
g)
Public Use;
h)
Recreation Use; and
i)
Uses, structures and buildings accessory thereto
32.3 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Lot Area
no minimum
no minimum
c)
Minimum Front Yard
8 metres
d)
Minimum Lot Depth
no minimum
e)
Minimum Interior Side Yard
4.5 metres or half the
height of the building,
whichever is greater
f)
Minimum Corner Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Maximum Lot Coverage
20 percent
101
i)
Maximum Height
no maximum
j)
Minimum Landscaped Open Space
30 percent
102
Section 33: Vacation Residential Zone (VR)
33.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Vacation Residential (VR) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 33.
b)
In addition to Section 33.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
33.2 Permitted Uses
a)
Campground, Permanent;
b)
Campground, Temporary;
c)
Existing Convenience Store;
d)
Existing Maintenance and Storage Facility;
e)
Existing Office;
f)
Existing Parks;
g)
Existing Personal Service Business;
h)
Existing Place of Worship;
i)
Existing Private Club;
j)
Existing Restaurant, Fast-Food;
k)
Existing Restaurant, Full-Service;
l)
Existing Restaurant, Take-Out;
m)
Existing Retail Store;
n)
Existing Trailer and Golf Cart Sales and Rentals;
o)
Food Vehicle;
p)
Parking Lot;
q)
Private Water Supply and Treatment Facility;
r)
Recreation Facility; and
s)
Uses, structures and buildings accessory thereto
103
33.3 Zone Requirements
a)
b)
Minimum Lot Frontage
Minimum Lot Area
as existing
as existing
c)
Minimum Buffer Area
To properties fronting onto Beach Road
30 metres
d)
Minimum Buffer Area
Residential Use
50 metres
e)
Minimum Buffer Area
Eastern limit of Wyldewood Road
50 metres
f)
Minimum Buffer Area
Private Water Supply and Treatment
Facility
100 metres abutting any
campground, temporary;
campground, permanent;
retail store; restaurant, fast
food; restaurant, full-
service; restaurant, take-
out; and dwelling unit
h)
Maximum Building Height
11 metres
i) The use of all-terrain vehicles and snowmobiles shall not be permitted in this
zone, by persons other than the owner of property or the employees of
the owner of the property.
33.4 Additional Zoning Requirements - Campground, Permanent
a)
All campground, permanent sites shall be serviced by private sanitary and
water supply systems, approved by the Regional Municipality of Niagara.
b)
Access to all campground, permanent sites shall be by lane, road or
driveway with a minimum unobstructed hard surface width of 6 metres
where two-way traffic is permitted and 3 metres where only one way
direction of traffic flow is permitted or where the land, road or driveway
services five sites or less.
c)
A landscape area having a minimum width of 3 metres shall be provided
between campground, permanent sites and any other use.
d)
Minimum Parking
1 space located within the
site or within 46 metres of
the site
104
Section 34: Environmental Protection Zone (EP)
34.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Environmental Protection (EP) Zone except in accordance with the
applicable provisions of Sections 2, 3 and 34.
b)
In addition to Section 34.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
34.2 Permitted Uses
a) Boat House;
b) Boat Ramp;
c) Conservation Uses;
d) Dock;
e) Existing Agricultural Uses, excluding buildings and structures;
f) Flood and Erosion Protection Works;
g) Forestry Uses;
h) Passive Recreation Uses; and
i) Public Use
34.3
Zone Requirements
Notwithstanding the permitted uses in the applicable underlying zones shown on
the Maps in Section 39, where a lot is also subject to an Environmental Protection
Zone, no uses and no building or structure or an expansion to an existing building
or structure shall be permitted until an Environmental Impact Study (EIS), in
accordance with the City, Regional Municipality of Niagara or Niagara Peninsula
Conservation Authority, as amended from time to time, and other studies that may
be required by the City based on approved guidelines or terms of reference are
approved. The requirement for an EIS may be scoped or waived in accordance
with
105
the EIS guidelines. The uses permitted in Section 34.2 may be permitted
subject to a scoped EIS in accordance with the EIS guidelines.
b)
Minimum Lot Frontage
as existing
c)
Minimum Lot Area
as existing
d)
Minimum Front Yard
15 metres
e)
Minimum Side Yard
7 metres
f)
Minimum Rear Yard
7 metres except the
minimum rear yard which
includes the Hazard (H)
zone shall be determined
by the Niagara Peninsula
Conservation Authority in
accordance with Ontario
Regulation 155/06, as
amended.
34.4 Additional Zone Requirements - Boat House, Boat Ramp, Dock
a)
Minimum Rear Yard
No minimum
106
Section 35: Hazard Zone (H)
35.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Hazard (H) Zone except in accordance with the applicable
provisions of Sections 2, 3 and 35.
b)
In addition to Section 35.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
35.2 Permitted Uses
a)
Boat House;
b)
Boat Ramp;
c)
Conservation Uses;
d)
Dock;
e)
Existing Agricultural Uses, excluding buildings and structures;
f)
Flood and Erosion Protection Works;
g)
Forestry Uses;
h)
Passive Recreation Use; and
i)
Public Use
35.3 Zone Requirements
a)
Where a Hazard Zone is shown on the Maps in Section 39, it includes
hazards associated with the Lake Erie Shoreline, such as flooding, erosion
or dynamic beach hazards as per the Niagara Peninsula Conservation
Authority's Regulation of Development, Interference with Wetlands and
Alteration to Shorelines and Watercourses O. Reg 1-55/05.
a)
Notwithstanding the permitted uses, where a lot is subject to a Hazard
Zone, no uses and no buildings or structures or an expansion to an
existing building or structure shall be permitted until a permit for
development or site alteration is issued by the Niagara Peninsula
Conservation Authority.
b)
Minimum Lot Frontage
as existing
c)
Minimum Lot Area
as existing
d)
Minimum Front Yard
15 metres
107
e)
Minimum Side Yard
7 metres
f)
Minimum Rear Yard
7 metres except the
minimum rear yard which
includes the Hazard (H)
zone shall be determined
by the Niagara Peninsula
Conservation Authority in
accordance with Ontario
Regulation 155/06, as
amended.
35.4 Additional Zone Requirements - Boat House, Boat Ramp, Dock
a)
Minimum Rear Yard
No minimum
108
Section 36: Environmental Conservation Layer
36.1 General
a)
No person shall use any lot or erect, alter or use any building or structure
in any Environmental Conservation Layer except in accordance with the
applicable provisions of Sections 2, 3 and 36.
b)
In addition to Section 36.1 (a), any lot may be subject to additional
regulations or restrictions by the City, upper tier government or agencies
as indicated in Section 1.3.
36.2 Permitted Uses
a)
Boat House;
b)
Boat Ramp;
c)
Conservation Uses;
d)
Dock;
e)
Existing Agricultural Uses, excluding buildings and structures;
f)
Existing Dwelling and any enlargement thereof and existing uses,
buildings and structures accessory thereto;
f)
Flood and Erosion Protection Works;
g)
Forestry Uses;
h)
Park;
i)
Passive Recreation Uses; and
j)
Public Use
36.3 Overlay Requirements
a)
Notwithstanding the permitted uses in the applicable underlying zones
shown on the Maps in Section 39, where a lot is also subject to an
Environmental Conservation Layer, no uses and no building or structure or
an expansion to an existing building or structure shall be permitted until an
Environmental Impact Study (EIS), in accordance with the City, Regional
Municipality of Niagara or Niagara Peninsula Conservation Authority, as
amended from time to time, and other studies that may be required by the
City based on approved guidelines or terms of reference are approved.
The requirement for an EIS may be scoped or waived in accordance with
the EIS guidelines. The uses permitted in Section 36.2 may be permitted
subject to a scoped EIS in accordance with the EIS guidelines.
109
b)
The Environmental Impact Study (EIS) required by section 36.3 shall
confirm the boundaries of any natural heritage feature or area within the
Environmental Conservation Layer and shall determine the uses in the
underlying zones that may be permitted.
c)
Minimum Lot Frontage
as existing
d)
Minimum Lot Area
as existing
e)
Minimum Front Yard
15 metres
f)
Minimum Side Yard
7 metres
g)
Minimum Rear Yard
7 metres except the
minimum rear yard which
includes the Hazard (H)
zone shall be determined
by the Niagara Peninsula
Conservation Authority in
accordance with Ontario
Regulation 155/06, as
amended.
36.4 Additional Overlay Requirements - Boat House, Boat Ramp, Dock
a)
Minimum Rear Yard
No minimum
110
Section 37: Special Provisions
37.1 General
a)
Where special provisions are established for certain lots, the applicable
regulations of the special provisions apply in addition to, or as an
exception to, the normal zone provisions that apply to the subject lands.
b)
Where on Schedule A to this By-law, a zone symbol (e.g. R1) applying to
lots contains a suffix at the end of the zone symbol consisting of a dash
and number (e.g. R1-1), this indicates that a special provision applies to
the subject lot(s). The number after the dash corresponds with the special
provision number as set out in Section 37.
37.2 List of Special Provisions
Special Provision: A-1
Formerly: A-6
By-law No: 1746/11/86
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for the raising and processing of poultry, and uses building and structures accessory
thereto, and the following special regulations shall apply:
a)
Minimum Lot Frontage
150 metres
b)
Minimum Lot Area
6 hectares
c)
Maximum Lot Coverage
25 percent
d)
Minimum Front Yard
24 metres
e)
Minimum Interior Side Yard
23 metres
f)
Minimum Rear Yard
30 metres
g)
Maximum Building Height
2 storeys
Special Provision: A-2
Formerly: A-14
By-law No.: 4598/129/04
In addition to the uses permitted in the Agricultural (A) Zone, this land may be also used
for the manufacturing of construction lifting devices, cranes and other related hydraulic
equipment and for the maintenance and storage of heavy equipment and uses and
buildings and structures accessory thereto, and the following regulations shall apply:
a)
Minimum Front Yard
92 metres
b)
Minimum Interior Side Yard (West)
as existing
c)
Minimum Interior Side Yard (East)
5 metres
111
d)
Minimum Rear Yard
15 metres
e)
Maximum Lot Coverage
25 percent
f)
Maximum Building Height
2 storeys
g)
No building or structure is permitted in the westerly interior side yard
separated from the westerly lot line by a yard having a minimum width of
22.8 metres measured perpendicular to said lot line and shall be
separated from the rear yard having a minimum width of 18.3 metres.
h)
No building or structure is permitted in the rear yard having a rear yard
depth of 126 metres extending easterly 22.8 metres from the westerly lot
line measured perpendicular to said lot line.
i)
Outside storage is to be permitted in the rear yard and easterly interior
side yard only, separated from the easterly lot line by a yard having a
minimum width of 22.8 metres measured perpendicular to said lot line and
shall be separated from the rear yard having a minimum width of 18.3
metres measured perpendicular to said rear yard.
Special Provision: A-3
Formerly: LI-9
By-law No.: n/a
In addition to the uses permitted in the Agriculture (A) Zone, this land may also be used
for the manufacturing, outdoor storage and sales of concrete products and uses,
buildings and structures accessory thereto.
Special Provision: A-4
Formerly: A-21
By-law No.: 1374/67/83
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for a motel, restaurant and gasoline retail outlet and one accessory dwelling unit and
uses, buildings and structures accessory thereto and the following regulations shall
apply:
a)
Minimum Lot Frontage
52 metres
b)
Minimum Lot Area
0.6 hectares
c)
Minimum Front Yard
15 metres
d)
Minimum Side Yard
15 metres
e)
Minimum Rear Yard
42 metres
f)
Maximum Lot Coverage
8.5 percent
g)
Maximum Height for a Motel
1 storey
112
Special Provision: A-5
Formerly: A-29
By-law No.: 1374/67/83
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for the operation of a ship repair shop, machine shop and fabrication and uses,
buildings and structures accessory thereto and the following regulations shall apply:
a)
Maximum Lot Coverage
20 percent
b)
Minimum Lot Frontage
37.4 metres
c)
Minimum Lot Area
0.28 hectares
d)
Minimum Front Yard
15 metres
e)
Minimum Side Yard
7.5 metres
f)
Minimum Rear Yard
3 metres
g)
Maximum Height
1 storey
h)
Outdoor storage shall be permitted in the rear yard only.
Special Provision: A-6
Formerly: A-42
By-law No.: 1374/67/83
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for a private club and uses, buildings and structures accessory thereto and the following
regulations shall apply:
a)
Maximum Lot Coverage (for all buildings)
5 percent
b)
Minimum Front Yard
70 metres
c)
Minimum North Side Yard
18 metres
d)
Minimum South Side Yard
70 metres
e)
Minimum Rear Yard
240 metres
f)
Maximum Height
1.5 storeys
g)
Maximum Lot Coverage for
Accessory Structures
0.5 percent
h)
Minimum Side Yard for
Accessory Structures
18 metres
i)
Minimum Rear Yard for
Accessory Structures
18 metres
113
j)
Accessory structures shall be permitted in the interior side and rear yard
only.
Special Provision: A-7
Formerly: A-50
By-law No.: 1374/67/83
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for an automobile service station and one accessory residential unit and uses, buildings
and structures accessory thereto and the following regulations shall apply:
a)
Maximum Lot Coverage
5.5 percent
b)
Minimum Front Yard
as existing
c)
Minimum Side Yard (West)
30 metres
d)
Minimum Side Yard (East)
7.5 metres
e)
Minimum Rear Yard
140 metres
f)
Maximum Height
2.5 storeys
Special Provision: A-8
Formerly: A-51
By-law No.: 5669/100/11
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for a motel and one accessory residential unit, a trailer for living accommodations and
uses, buildings and structures accessory thereto and the following regulations shall
apply:
a)
Minimum Lot Frontage
60 metres
b)
Maximum Lot Coverage
7 percent
c)
Minimum Front Yard
as existing
d)
Minimum Side Yard (West)
15 metres
e)
Minimum Side Yard (East) for Motel
25 metres
f)
Minimum Side Yard (East) for Trailer
12 metres
g)
Minimum Rear Yard for Motel
70 metres
h)
Minimum Rear Yard for Trailer
22 metres
i)
Maximum Building Height
1.5 storeys
Special Provision: A-9
Formerly: A-72
By-law No.: 1374/67/83
114
In addition to the uses permitted in the Agricultural (A) Zone, this land may be used for a
take-out restaurant and uses, buildings and structures accessory thereto and the
following regulations shall apply:
a)
Minimum Front Yard
12 metres
b)
Minimum Side Yard (West)
15 metres
c)
Minimum Side Yard (East)
40 metres
d)
Minimum Rear Yard
25 metres
e)
Maximum Building Height
1 storey
Special Provision: A-10
Formerly: A-82
By-law No.: 1436/11/84
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for a private club for the purpose of conservation including but not limited to; one
assembly hall for banquet, meeting and seminar purposes (related to the conservation
of plant and wildlife); trap-shooting and trap-shooting house; skeet shooting and high
and low skeet houses; and an archery range and uses buildings and structures
accessory thereto and the following regulation shall apply:
a)
Maximum Lot Coverage
1 percent
Special Provision: A-11
Formerly: A-253
By-law No.: 3393/124/96
In addition to the uses permitted in the Agricultural (A) Zone, these lands may also be
used for the purpose of a golf course and uses, buildings and structures accessory
thereto.
Special Provision: A-12
Formerly: A-121
By-law No.: 1941/61/87
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
as an exhibition grounds for the display of antique farm equipment and uses, building
and structures accessory thereto and the following regulation shall apply:
a)
Minimum Corner Side Yard
9 metres
Special Provision: A-15
Formerly: A-243
By-law No.: 3203/74/95
In addition to the uses permitted in the Agricultural (A) Zone, these lands may also be
used for the manufacturing of wood crates and pallets, steel and wood fabrication and
welding uses, and uses buildings and structures accessory thereto and outdoor storage
of related materials and the following regulations shall apply:
a)
Minimum Lot Frontage
30 metres
115
b)
Minimum Front Yard
45 metres
c)
Minimum Interior Side Yard (West)
3.5 metres
d)
Minimum Interior Side Yard (East)
8.5 metres
e)
Maximum Building Height
one storey
f)
Maximum Lot Coverage
10 percent
g)
Outside storage shall only be permitted
in the rear yard
Special Provision: A-16
Formerly: A-265
By-law No.: 3739/25/99
In addition to the uses permitted in the Agricultural (A) Zone, these lands may also be
used for an agricultural and non-agricultural machine shop and fabrication and
repairshop with no outside storage and uses, buildings and structures accessory
thereto and the following regulations shall apply:
a)
Minimum Lot Area
0.69 hectares
b)
Minimum Front Yard
12 metres
c)
Minimum Interior Side Yard (South)
2 metres
d)
Minimum Interior Side Yard (North)
8.3 metres
e)
Maximum Lot Coverage
14 percent
f)
No outside storage and no welding, fabricating, machining, painting or any
industrial processes outside of the buildings on the property.
Special Provision: A-19
Formerly: A-379
By-law No.: 6108/74/14
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for special events related to weddings and similar type celebrations as well as special
events relating to the agricultural uses occurring on the property and the following special
regulations shall apply:
a)
Maximum Gross Floor Area
for Outdoor Event Tents
330 square metres
b)
Outdoor Event Tents will only be permitted between May 1st and October
116
31st of each year
c)
That the Minimum Distance Separation I shall not apply for outdoor event
tents.
Special Provision: A-43
Formerly: A-383
By-law No.: 6331/11/16
In addition to the uses permitted in the Agricultural (A) Zone, this land may also be used
for one mobile home for permanent year round living accommodation and the following
regulations shall apply:
a)
b)
Minimum Lot Frontage
Minimum Lot Area
as existing
as existing
c)
Maximum Lot Coverage
for a Mobile Home
7 percent
d)
Minimum Front Yard
for a Mobile Home
75 metres
e)
Minimum West Side Yard
for a Mobile Home
25 metres
f)
Minimum East Side Yard
75 metres
g)
Minimum Rear Yard
for a Mobile Home
75 metres
h)
Minimum Ground Floor Area
for a Mobile Home
65 square metres
j)
Maximum Height for a
mobile home
One storey
Special Provision: A-389
Formerly: N/A
By-law No.: 6456/23/17
The rezoning will satisfy a condition of the City of Welland Committee of
Adjustment's decision to sever a surplus farm dwelling on the portion of the
property located within the City of Welland.
Special Provision: AR-49
Formerly: N/A
By-law No.: 6627/82/18
117
For the lands rezoned to AR-49 the following special regulations shall apply:
a)
Maximum Lot Coverage
13.7%
b)
Accessory Lot Coverage
10.2%
Special Provision: AR-55
Formerly: N/A
By-law No.: 6830/80/20
Notwithstanding the provisions of the Agricultural Residential Zone, the following
special regulations shall apply:
a) Accessory Lot Coverage
7.8%
Special Provision: CP-33
Formerly: HC-160
By-law No.: 4885/116/04
Notwithstanding the provisions of the Commercial Plaza (CP) Zone, this land may also
be used for mini-warehouse/storage use and the following regulations shall apply:
a)
Minimum Interior Side Yard (West)
3 metres
Special Provision: CP-52
Formerly: N/A
By-law No.: 6696/60/19
In addition to the uses permitted in the Commercial Plaza zone, this land may also
be used for a motor vehicle gas station and car wash, and the following regulations
shall apply:
a)
Minimum Eastern Corner Side Yard
8.3m
b)
Minimum Landscaped Area
8.6%
c)
Minimum Required Parking Spaces
307
Special Provision: DC-41
Formerly: CC-340
By-law No.: 5578/08/11
Notwithstanding the provisions of the Central Commercial (CC) Zone, this land may also
be used for a maximum of four accessory dwelling units on the ground floor and one
accessory dwelling unit in the basement in combination with a permitted commercial
use.
Special Provision: DC-42
Formerly: HC-46
By-law No.: 1374/67/83
In addition to the uses permitted in the Downtown Commercial (DC) Zone, this land may
also be uses for wholesale marine and mill supply and uses, buildings and structures
accessory thereto.
Special Provision: DC-44
Formerly: CC-65
By-law No.: n/a
In addition to the uses permitted in the Downtown Commercial (DC) Zone, this land may
118
also be used for marine sales and service, uses buildings and structures accessory
thereto and the following regulations shall apply:
a)
Minimum Front Yard
as existing
b)
Maximum Building Height
1 storey
c)
Minimum Parking Requirements
in accordance with Section
3 of this By-law
Special Provision: HC-25
Formerly: LI-119
By-law No.: 2021/142/87
Notwithstanding the provisions of the Light Industrial (LI) Zone, this land may only be
used for a machine shop and uses, buildings and structures accessory thereto and the
following regulations shall apply:
a)
The provisions of Sections 1.3.5 and 2.6 shall not apply.
b)
c)
d)
e)
Minimum Lot Area
Minimum Lot Frontage
Minimum North Yard Setback
Minimum Setback to Lands
4500 square metres
40 metres
15 metres
Zoned Residential
15 metres
f)
Minimum Setback to Lands
Zoned Heavy Industrial
3 metres
g)
Minimum East Yard Setback
5 metres
h)
Maximum Building Height
1 storey
i)
Minimum Landscaped Open Space
10 percent
j)
Maximum Lot Coverage
35 percent
k)
Open storage and display areas shall not be located within any yard.
l)
Loading spaces shall not be located in any required yard.
m)
Parking areas may be located in any yard provided a landscape
buffer is provided where any yard abuts a street or lands which are
zoned residential. Said landscape buffer shall have a minimum
width measured perpendicular to the lot line in accordance with the
following:
119
i)
Minimum Width to the
North Lot Line
9 metres
Special Provision: HC-48
Formerly: N/A
By-law No.: 6601/56/18
The zoning of the land is changed from "HC - Highway Commercial" to "HC-48" to
allow the use of the property for warehousing and uses, buildings and structures
thereto, and the following special regulations apply:
a) Outside storage shall not be permitted;
b) The first 3m from the interior side lot lines shall only be used as a landscape
buffer.
Special Provision: HC-57
Formerly: N/A
By-law No.: 6853/01/21
Notwithstanding the provisions of the Highway Commercial Zone, the following
special regulations shall apply:
a)
Notwithstanding any provisions of this By-law to contrary, the lands indicated
in Schedule A to this By-law (Phase 2 in the approved Site Plan Agreement)
shall be deemed a lot.
b)
Notwithstanding any provisions of this By-law to the contrary, the frontage of
the lands indicated on Schedule A to this By-law, shall be deemed to be the
frontage of Phase 1 of the approved Site Plan Agreement.
c)
Notwithstanding any provisions of this By-law to the contrary, the front lot line
for the lands indicated on Schedule A to this By-law shall be deemed to be the
front lot line of Phase 1 of the approved Site Plan Agreement.
d)
Notwithstanding any provisions of this By-law to the contrary, the front yard
for
the lands indicated on Schedule A to this By-law shall be deemed to be the
front yard of Phase 1 of the approved Site Plan Agreement.
Special Provision: HI-39
Formerly: HI-270
By-law No.: 3819/105/99
In addition to the uses permitted in the Heavy Industrial (HI) Zone, this land may also be
used for a salvage yard operation to receive, process, store and ship reusable and/or
recyclable materials such as copper, brass, steel, cast aluminum and stainless steel
and uses, buildings and structures accessory thereto and the following regulations shall
apply:
a)
The maximum height of any material which is stacked, piled or otherwise
120
stored outside on this property shall not exceed 3.6 metres.
b)
No buildings or structures, including accessory buildings or structures are
permitted in the required yard setback of subsection (a) and (b) above.
Special Provision: HI-46-H
Formerly: n/a
By-law No.: 5989/95/13
Notwithstanding the provisions of the Heavy Industrial (HI) Zone, the following shall apply:
a)
The provisions in Section 23 (HI - Heavy Industrial) of the City of Port
Colborne former Zoning By-law 1150/97/81 will continue to apply to the
lands zoned HI-46-H (Heavy Industrial - Holding). The permitted uses will be
restricted to a 56 tank petrochemical storage facility.
b)
The uses permitted in this By-law shall not occur until the Holding Symbol
(H) on the HI-46-H (Heavy Industrial - Holding) zone is removed
through an amending By-law enacted by the City of Port Colborne. The
Holding Provision will be administered to provide Council with the
authority to ensure a Phase 2 Archaeological Study, a Geotechnical
Study, a Noise Study, an Air Quality Study, Site Access and Traffic Study,
a Vibration Study, a Tree Preservation Plan, an Environmental Impact
Statement, and a Risk Assessment Report have been undertaken to the
satisfaction of the City and appropriate approval authorities. Removal of
the Holding Symbol (H) may only occur when:
i)
The Owner enters into and registers on title a Site Plan Agreement
with the City of Port Colborne which will include recommendations
Special Provision: HR-17
Formerly: HR-354
By-law No.: 5680/111/11
Notwithstanding the provisions of the Hamlet Residential (HR) Zone, the following
regulation shall apply:
a)
Minimum Rear Yard Setback (Dwelling)
169 metres
Special Provision: HMC-22
Formerly: RU-34
By-law No.: 1374/67/83
In addition to the uses permitted in the Hamlet Commercial (HMC) Zone, this land may
also be used for detached dwelling and the buying, selling and storing of industrial
equipment and supplies, and uses, buildings and structures accessory thereto and the
following special regulations shall apply thereto:
i)
Minimum Lot Frontage
68m
ii)
Minimum Lot Area
1.25 ha.
121
iii) Maximum Lot Coverage
15 per cent
iv) Minimum Front Yard
60m
v)
Minimum Side Yard
35m
vi) Minimum Rear Yard
as existing
vii) Maximum Height
11m"
Special Provision: HMC-23
Formerly: HD-16
By-law No.: 1418/111/83
In addition to the uses permitted in the Hamlet Commercial (HCM) Zone, this land may
also be used for the manufacture and sales of monuments and uses, buildings and
structures accessory thereto and the following regulations shall apply:
a)
Maximum Lot Coverage
15 percent
b)
Minimum Front Yard
10 metres
c)
Minimum East Side Yard
7.5 metres
d)
Minimum West Side Yard
15 metres
e)
Minimum Rear Yard
15 metres
f)
Maximum Building Height
1.5 storeys
g)
Outdoor storage shall be permitted in the east side yard and rear yard and
shall not be permitted in the required west side yard setback.
h)
Outdoor displays shall be permitted in the front yard.
Special Provision: HMC-45
Formerly: HD-365
By-law No.: 6050/16/14
Notwithstanding the provisions of the Hamlet Commercial (HMC) Zone, the use of this
land shall be restricted to the sale, service and storage of golf carts and the following
shall apply:
a)
Maximum Height
9 metres
Special Provision: I-21
Formerly: I-93
By-law No.: 3427/9/97
Subject to the Provisions of Section 2 General Provisions of this by-law and
notwithstanding the requirements of the Institutional (I) Zone, this land may also be
used for; a public nursing home; an accessory dwelling unit; a senior citizen apartment
house; a residential retirement home containing not more than 167 beds in 165
bedroom units and uses, buildings and structures accessory thereto and the following
regulations shall apply:
122
a)
Minimum Lot Area
1.13 hectares
b)
Minimum Lot Frontage
95 metres
c)
Minimum Lot Depth
118 metres
d)
Minimum Side Yard
2 metres
e)
Minimum Rear Yard
15.05 metres
f)
Minimum Front Yard
8 metres
g)
Maximum Lot Coverage
40 percent
h)
Maximum Building Height
11 metres
i)
Minimum Bedroom Size
26 square metres
j)
Minimum Landscaped Open Space
35 percent
k)
A public dining room or restaurant is
specifically not permitted
Accessory Structure Provisions
a)
Minimum Rear Yard
7.5 metres
b)
Minimum Side Yard
3.0 metres
c)
Maximum Building Height
1.5 storeys
Special Provision: I-24
Formerly: I-24
By-law No.: n/a
In addition to the uses permitted in the Institutional (I) Zone, this land may also be used
for:
a)
24 Unit Apartment Building; and
b)
22 Unit Supportive Living Facility
Special Provision: ID-47-H
Formerly: n/a
By-law No.: 5989/95/13
Notwithstanding the Provision of the Industrial Development (ID) Zone, the following shall
apply:
a)
Prior to any dry industrial development of lands zoned ID-47-H, a
Zoning By-law Amendment is required to establish the permitted
uses and zone requirements.
123
b)
Further, development on the subject lands shall not occur until the
Holding Symbol (H) on the ID-47-H (Dry Industrial Development -
Holding) zone is removed through an amending By-law enacted by
the City of Port Colborne. Removal of the Holding Symbol (H) may
only occur when:
i)
The Owner enters into and registers on title a Site Plan
Agreement with the City of Port Colborne which will include
recommendations made in the supporting technical studies
conducted in association with the development application;
ii)
Appropriate technical studies are submitted including a Phase 2
Archaeological Study, a Geotechnical Study, a Noise Study, an Air
Quality Study, Site Access and Traffic Study, a Vibration Study,
a Tree Preservation Plan, an Environmental Impact Statement,
and a Risk Assessment Report dependent upon the use
proposed. A pre-consultation meeting will be held to identify
which studies are required and to scope the extent of the
studies.The above mentioned technical studies and their
recommendations are to be satisfactory to the City of Port
Colborne; and
iii)
Prior to the City entering to the Site Plan Agreement, approval shall
be obtained from the applicable approval authority which identifies
an appropriate location and design for a private sewage
disposal system and private water supply system to adequately
and appropriately service the proposed use.
Special Provision: LI-35
Formerly: LI-343
By-law No.: 5511/108/10
In addition to the permitted uses in the Light Industrial (LI) Zone, this land may also be
used for a hotel, uses, buildings and structures accessory thereto and the following
regulations shall apply:
a)
Maximum Height
12 metres
b)
Maximum Height for a Hotel
32 metres
c)
Minimum Southerly Yard
14 metres
d)
Minimum Southerly Yard for a Hotel
20 metres
e)
Minimum Westerly Yard
14 metres
f)
Minimum Westerly Yard for a Hotel
20 metres
g)
Minimum Easterly Yard
85 metres
124
i)
Minimum Interior Side Yard
10 metres
Special Provision: LI-51
Formerly: P-CH
By-law No.: 6705/69/19
The zoning of the land is changed from "P-CH" to "LI-51" to permit industrial uses on
the subject lands. The following special regulations shall apply:
a)
The following uses are prohibited: Medical Marihuana Production Facility;
Adult Oriented Entertainment Establishment; and Transportation Depot.
b)
Outside storage is not permitted.
c)
shift work past 8:00 p.m. is not permitted
Special Provision: LR-18
Formerly: LR-370
By-law No.: 6001/107/13
Notwithstanding the provisions of the Lakeshore Residential (LR) Zone, the following
regulations shall apply:
a)
Minimum Lot Frontage
13.1 metres
b)
Minimum Side Yard (West)
2.9 metres
c)
Minimum Width to Lands
Zoned Residential
9 metres
d)
Minimum Width in All
Other Cases
3 metres
Special Provision: MAO-38-H Formerly: EI-373(H) By-law No.: 6007/113/13
Notwithstanding the provisions of the Mineral Aggregate Operation (MAO) Zone, the use
of this land shall include concrete product manufacturing and uses, buildings and
structures accessory thereto and the following regulations shall apply:
b)
Maximum Building Height
11 metres
The Holding Provision is to be removed once a new or revised site plan agreement
between the City of Port Colborne and Port Colborne Quarries is executed.
Special Provision: MU-50
Formerly: N/A
By-law No.: 6687/51/19
The zoning of the land is changed from Downtown Commercial to MU-50 and the
following special regulations shall apply:
125
a)
Minimum Lot Frontage
11m
b)
Minimum Front Yard
1m
c)
Minimum Rear Yard
4.5m
d)
Minimum Northern Side Yard
1.8m
e)
Minimum Southern Side Yard
0.6m
f)
Minimum Landscaped Area
21%
Special Provision: NC-27-H
Formerly: NC-H
By-law No.: 5910/17/13
The uses permitted in the Neighbourhood Commercial (NC) Zone shall not occur until
the Holding (H) symbol on the NC-27-H Zone is removed. Removal of the Holding (H)
symbol may only occur when the owner enters into and registers on title a Subdivision
Agreement with the City of Port Colborne.
Special Provision: NC-31
Formerly: NC-150
By-law No.: 2163/111/88
In addition to the uses permitted in the Neighbourhood Commercial (NC) Zone, this land
may also be used for: a professional office and; a business office and uses, buildings
and structures accessory thereto.
Special Provision: P-37-H
Formerly: P-381-H
By-law No.: 6171/137/14
In addition to the uses in the Public and Park (P) Zone, this land may also be used for:
a)
Farmer's Market;
b)
Flea Market;
c)
Motor Vehicle Sales/ Rental Service Centre;
d)
Outdoor Storage;
e)
Place of Assembly/Banquet Hall
f)
Warehouse
The following regulations shall apply for a place of assembly/banquet hall:
a) That 124 parking spaces be provided.
The use of the property for warehousing and outdoor storage shall not occur until the
Holding symbol (H) on the "P-381-H (Warehouse, Outdoor Storage & Auditorium -
Holding)" zone is removed. Removal of the Holding Symbol (H) may only occur when the
owner enters into a Site Plan Agreement with the City that addresses parking, emergency
access, buffering and landscaping.
126
Special Provision: RR-13
Formerly: RD-173
By-law No.: 3438/20/97
Notwithstanding the provisions of the Rural Residential (RR) Zone, no residential
dwelling shall be permitted on these lands.
Special Provision: RR-14
Formerly: RU-78
By-law No.: 1374/67/83
In addition to the uses permitted in the Rural Residential (RR) Zone, this land may also
be used for the manufacturing of sashes, frames and doors and for the stockpiling and
transport of sand, stone and topsoil and uses, buildings and structures accessory
thereto and the following regulations shall apply:
a)
Minimum Side Yard (North)
as existing
b)
Minimum Side Yard (South)
15 metres
c)
Minimum Rear Yard
100 metres
d)
Maximum Building Height
1.5 storeys
e)
Maximum Lot Coverage for
Accessory Structure
2 percent
f)
Minimum Front Yard
15 metres
g)
Outside storage and stockpiling of sand, stone and topsoil is permitted in
the rear yard only.
Special Provision: R1-40
Formerly: R1-291
By-law No.: 4225/61/02
Notwithstanding the provisions of the First Density Residential (R1) Zone, the following
regulations shall apply:
a)
Minimum Yard Setback (North)
Eagle Marsh Drain
7.5 metres
b)
Minimum Yard Setback (South)
Water Filled Channel
10 metres
Special Provision: R2-20-H
Formerly: R2-280-H
By-law No.: 4088/83/01
Notwithstanding the provisions of the Second Density Residential (R2) Zone, this land
may also be used for a parking lot provided that the following Holding provision
127
conditions are met:
a)
The City receives and approves plans submitted by the owner depicting
the parking area and access including details for surfacing, curbing of the
parking area, lot grading, storm drainage, landscaping, fencing and
lighting; and
b)
The City and the owner enter into an Agreement to be registered on title to
the lands detailing implementation of the matters referenced in (a) above.
Special Provision: R2-26
Formerly: R2-45
By-law No.: 1374/67/83
In addition to the uses permitted in the Second Density Residential (R2) Zone, this land
may also be used for a private club and uses, buildings and structures accessory
thereto and the following regulations shall apply:
a)
Minimum Lot Frontage
50 metres
b)
Minimum Lot Area
0.5 hectares
c)
Minimum Front Yard
9 metres
d)
Minimum Interior Side Yard
as existing
e)
Minimum Rear Yard
60 metres
f)
Maximum Building Height
2 storeys
g)
Maximum Lot Coverage
30 percent
h)
Minimum Landscaped Area
as existing
i)
Minimum Parking Requirements
1 space per 10 square
metres of net floor area
j)
Minimum Interior Side Yard (East)
1 metre
Special Provision: R2-28-H
Formerly: R2-355-H
By-law No.: 5910/17/13
Notwithstanding the provisions of the Second Density Residential (R2) Zone, the
following regulations shall apply:
a)
Minimum Lot Frontage - Corner Lot
13.1 metres
b)
Minimum Lot Area
0.03 hectares
128
c)
Minimum Rear Yard
15 metres where abutting
an active railway right of
way
The uses permitted in the Second Density Residential (R2) Zone shall not occur until
the Holding (H) symbol on the R2-28-H Zone is removed. Removal of the Holding (H)
symbol may only occur when the owner enters into and registers on title a Subdivision
Agreement with the City of Port Colborne.
Special Provision: R2-36
Formerly: R2-368
By-law No.: 5974/80/13
Notwithstanding the provisions of the Second Density Residential (R2) Zone the use of
this land shall include a warehouse within the existing building and uses accessory
thereto and the following regulations shall apply:
a)
Maximum Height shall be as existing.
b)
Landscape buffer along the southern lot line is to be maintained as existing.
c)
From warehouse building face to western lot line, one coniferous tree
within the existing landscape buffer at an interval of one per dwelling
located along Delhi Street.
d)
Outside storage is permitted provided opaque screening is provided along
the southern lot line.
Special Provision: R2-54
Formerly: R2-137 By-law No.: 5057/112/07
In addition to the uses permitted in the Second Density Residential (R2) zone, this
land may also be used for a Bed & Breakfast establishment, seniors lodging and a
refreshment "tea room" as accessory uses to the single-detached dwelling,
provided, the single-detached dwelling is the principal residence of the person
carrying on the Bed & Breakfast establishment, seniors lodging and refreshment
"tea room". In addition, the following special regulations shall apply thereto:
a) A maximum of 4 guest rooms be permitted for the use of seniors lodging
only.
b) A maximum of 2 guest rooms be permitted for the use of either seniors
lodging or bed and breakfast patrons.
c) The refreshment "tea room" shall not contain more than 16 seats total.
d) A minimum of 2 parking spaces be provided on-site.
129
Special Provision: R3-29-H
Formerly: RT-356-H
By-law No.: 5910/17/13
Notwithstanding the provisions of the Third Density Residential (R3) Zone, the following
regulations shall apply:
a)
Minimum Lot Frontage - Corner Lot
10.5 metres
b)
Minimum Lot Area
0.02 hectares
The uses permitted in the Third Density Residential (R3) Zone shall not occur until the
Holding (H) symbol on the R3-29-H Zone is removed. Removal of the Holding (H)
symbol may only occur when the owner enters into and registers on title a Subdivision
Agreement with the City of Port Colborne.
Special Provision: R4-30-H
Formerly: R4-357-H
By-law No.: 5910/17/13
Notwithstanding the provisions of the Fourth Density Residential (R4) Zone, these lands
may only be used for townhouse and apartment dwellings and uses, buildings and
structures accessory thereto and the following regulations shall apply:
a)
Minimum Rear Yard
15 metres where abutting
an active railway right of
way
The uses permitted in the Fourth Density Residential (R4) Zone shall not occur until the
Holding (H) symbol on the R4-30-H Zone is removed. Removal of the Holding (H)
symbol may only occur when the owner enters into and registers on title a Subdivision
Agreement with the City of Port Colborne.
Special Provision: R4-32
Formerly: R4-151
By-law No.: 2163/111/88
Notwithstanding the provisions of the Fourth Density Residential (R4) Zone, the
following regulations shall apply:
a)
Minimum Rear Yard
One-half building height
b)
Minimum Floor Area One Bedroom Unit
80 square metres
c)
Minimum Floor Area Two Bedroom Unit
95 square metres
d)
Minimum Floor Area Three Bedroom Unit
110 square metres
Special Provision: R4-34
Formerly: R4-203
By-law No.: 4700/82/05
Notwithstanding the provisions of the Fourth Density Residential (R4) Zone, this land
may also be used for a Long Term Care Facility, subject to the following regulations:
130
a)
Minimum Lot Area
1605 square metres
b)
Minimum Front Yard
2.9 metres
c)
Minimum Interior Side Yard (North)
4.3 metres
d)
Minimum Rear Yard
2.2 metres
e)
Minimum Landscaped Area
7.3 percent
f)
Minimum Parking Stall Length
5.5 metres
g)
Minimum Two Way Driveway Access
5.5 metres
h)
The long term care facility shall not contain more than 36 bedroom units.
i)
The long term care facility may or may not include nursing or medical
care.
Special Provision: R4-53-H
Formerly: NC
By-law No.: 6763/13/20
Notwithstanding the provisions of the Fourth Density Residential Zone, the following
special regulations shall apply for an apartment building:
a) Minimum Lot Frontage
10.973 metres
b) Minimum Front Yard
0.27 metres
c) Minimum Interior Side Yard
0.3 metres
d) Minimum Corner Side Yard
0.4 metres
e) Minimum Lot Area Per Unit
56 square metres
f) Minimum Landscaped Area
no minimum
g) Minimum Floor Area Per Unit
no minimum
h) Maximum Lot Coverage
78 percent
i) Maximum Accessory Lot Coverage
22 percent
j) Parking Spaces Per Unit
0.33
k) The accessory building is permitted to be located 0.02 metres from the interior
side lot line, 0.9 metres from the rear lot line, and 0.29 metres from the corner
side lot line.
Special Provision: R4-56
Formerly: I
By-law No.: 6855/03/21
131
Notwithstanding the provisions of the Fourth Density Residential zone, the following
special regulations shall apply:
a)
Minimum Front Yard
4.5 metres
b)
Minimum Interior Side Yard
1.5 metres
c)
Minimum Corner Yard
1.5 metres
d)
Minimum Rear Yard
1.5 metres
e)
Maximum Lot Coverage
25 percent
f)
Maximum Height
As existing
g)
Max Gross Floor Area
1450 square metres
h)
Minimum Landscape Area
25 percent
i)
Minimum Floor Area / Unit
35 square metres
j)
Minimum Number of Parking Spaces
1
space
per
residential
dwelling unit
k)
Landscape Buffer Between the Edge
0 metres
of any Parking Area Abutting a Public
Road
l)
Landscape Buffer Between the Edge
1.5 metres
of any Parking Area Abutting a
Residential Zone
m)
Minimum Setback of a Building for
1.5 metres
the Purpose of Human Habitation
to a Functioning Railway
Right-of-way
132
made in the supporting technical studies conducted in association
with the development application;
ii)
The above mentioned technical studies and their recommendations
are satisfactory to the City of Port Colborne,
iii)
Prior to the City entering to the Site Plan Agreement, approval shall
be obtained from the applicable approval authority which identifies
an appropriate location and design for a private sewage disposal
system and private water supply system to adequately and
appropriately service the proposed use; and,
iv)
Meet Species at Risk requirements to the satisfaction of Ministry of
Natural Resources.
Section 38: Definitions
Abattoir: means a slaughter house designed for the purpose of killing animals,
skinning, dressing and cutting up of carcass, wrapping for sale for human consumption
with cooler and freezer storage and includes indoor confinement of animals while
awaiting slaughter but shall not include any cooking or process related to processing
plants such as smoking, curing or the manufacturing of meat by-products or any
process related to rendering plants such as the manufacture of tallow, grease, glue,
fertilizer or any other inedible product.
Abutting: means two or more lots sharing a common boundary of at least one point; or
a lot sharing a common boundary with a public road.
Accessory Agricultural Activities: means equipment maintenance and activities
required to produce market ready commodities including washing, sorting, drying,
packing and packaging of agricultural products.
133
Accessory Structure: means a detached building, or structure that is incidental and
secondary to the principal use(s) on the same lot.
Accessory Use: means a use subordinate and incidental to the principal use(s) on the
same lot and does only includes a use or uses specifically listed as a permitted use in
this by-law.
Address of Convenience: means a home occupation that is solely used for the
purpose of receiving phone calls, mail and electronic transmissions and the keeping of
business records.
Adult Oriented Entertainment Establishment: means any indoor premises or part
thereof in which is provided, in pursuance of a trade, calling, business or occupation or
services appealing to or designed to appeal to erotic or sexual appetites or inclinations
including strip clubs and body rub parlours. Establishments that offer adult oriented
goods for sale or services which are provided by a provincially licensed registered
professional such as a registered massage therapist are not included.
Agriculture Use: means the growing of crops, including nursery, biomass and
horticultural crops; raising of livestock; raising of other animals for food, fur or fibre,
including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production;
and associated on-farm buildings and structures, including, but not limited to livestock
facilities, manure storages, value-retaining facilities and accommodation for full-time
farm labour when the size and nature of the operation requires additional employment.
Agriculture Farm Related Commercial or Industrial: means premises directly
related to serving agriculture uses, including but not limited to canneries, dairies and
farm implement sales and service.
134
Agricultural Source Material: means treated or untreated materials, as defined by the
Nutrient Management Act, other than compost that meets the Compost Guidelines, or a
commercial fertilizer, if they are capable of being applied to land as nutrients.
Agri-Tourism and Value Added Use: means farm based business activities that cater
to the travelling public and agriculture tourism and which support, promote and sustain
the viability of the agricultural operation. These uses are secondary and subordinate to
the principal agricultural farm operation and include but are not limited to: farm markets,
restaurants related to a winery, road side produce stands, pick your own facilities, farm
mazes, agriculture related special event facilities, agriculture education and research
facilities and do not include uses and practices that support the day to day agriculture
farm operation or accessory uses.
Air Treatment Control: means the functional use of industrial grade multi-stage
carbon filtration system, or alternatively proven technologies, to reduce and/or treat the
emission of pollen, dust and odours expelled from a facility and sized accordingly in
comparison to the facility it serves as designed by a qualified person.
Amenity Space: means and area for outdoor recreation or leisure and does not
include a parking area.
Animal Care Establishment: means any premises for the caring, grooming and
training of household pets without outdoor pens or exercise areas.
Apartment Building: means a building divided vertically and horizontally, or
horizontally into five or more dwelling units each with its own entrance either separately
or from a common vestibule, stairway or hallway.
Apartment Building, Public: means a building divided vertically and horizontally, or
horizontally into five or more dwelling units each with its own entrance either separately
or from a common vestibule, stairway or hallway, that has been erected, owned and/or
is maintained by a public agency or non-profit charitable organization.
Asphalt and Cement Manufacturing: means an industrial facility used for the
manufacture of asphalt, concrete, cement, rock, brick and other aggregate materials
Attached Building: means a building which shares a roof or wall in common with an
adjacent building or buildings.
Balcony: means a platform projecting from the façade of a wall or walls, cantilevered
or supported by columns or brackets, located above the grade of the ceiling height of
the first storey above the basement and may be covered.
Basement: means the portion of a building partly underground having more than one
half its height below grade at the principal entrance.
Bed and Breakfast: means a home based business wherein guestrooms are rented
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for a period not exceeding 28 consecutive days and meals are served to overnight
guests.
Boarding or Lodging House: Means a dwelling in which the proprietor supplies, for gain
lodging, with or without meals, to more than four persons, but does not include a group
home, hotel, hospital or other establishment otherwise classified or defined in this By-law.0
Boat House: means a detached accessory building or structure which is designed or
used for the sheltering of a boat or other form of water transportation and storage of
household equipment incidental to the principal residential occupancy of the lot.
Boat Ramp: means a sloped surface designed for launching and retrieving watercraft
to and from a body of water.
Brew-pub: means a small-scale brewery producing beer for sale on the premises or for
distribution beyond the premises, with the floor area devoted to the production of beer
not to exceed 45% of the total floor area of the brew-pub, and includes an accessory
drinking establishment or restaurant.
Building: means a structure that has a roof, walls and a floor that stands more or less
permanently in one place.
Building Envelope: means the three-dimensional buildable area prescribed for a
building by the regulations of this by-law.
Building Height: means the vertical distance between the average grade at the base
of a main wall of the building, and height has a corresponding meaning unless
otherwise defined in this By-law.
Bulk Fuel Depot: means the use of land, building or structures or parts thereof for the
bulk surface or underground storage of propane, petroleum products, chemicals, gases
or similar products and may include the distribution of same.
Bulk Water Haulage Operator means the use of land for the storage and management
of a water hauling truck used for the conveyance and dispensing of potable water.
Campground, Temporary: means an area where temporary, seasonal
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accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers
is established.
Campground, Permanent: means an area where more permanent, seasonal
accommodation for park model recreation vehicles is established but does not include a
mobile home.
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Cannabis: means a cannabis plant, including the phytocannabinoids produce by or
found in such a plant regardless of whether that part has been processed or not and any
substance or mixture of substances that contains or has in it and part of such a plant and
any substance that is identical to a phytocannabinoid produced by or found in such a
plant regardless of how the substance was obtained. Marihuana shall have the same
definition.
Cannabis Production Facility: means a facility structure for the cultivation, processing,
packaging and shipping where cannabis is produced by a federally licensed producer
and can be for the production of medical or recreational cannabis.
Car Wash: means premises used for washing and cleaning vehicles.
Cemetery: means premises used for the interment of the dead and including but not
limited to columbaria, mausoleums, and crypts.
Charitable Organization: means a registered charity, religious organization, charitable
non-profit organization, sports club or service group approved by the Province.
Chord: means a straight line that joins the ends of an arc.
Commercial: when used in reference to a building, structure, lot or use means
pertaining to the buying or selling of commodities or the supplying of services for
remuneration.
Common Wall: means vertical wall separating two or more buildings from the base of
the footing to the roof.
Community Garden: means an area of land managed and maintained by a group of
individuals for the purpose of cultivation of plants for personal consumption.
Complying: means in keeping with the quantitative requirements of this By-law.
Conservation Uses: means the use of land and/or water for the purpose of planned
management of natural resources.
Contractor's Yard: means the use of a lot, building or structure, or part thereof by a
construction company or building contractor for the storage and maintenance of
vehicles, equipment and materials used by the company or contractor in the
construction or renovation trades, but does not include wholesale or retail sale of such
vehicles, equipment or materials or any building supplies or home improvement
supplies. Such uses may include the following or similar uses:
a)
Foundation, structure and exterior building contractors;
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b)
Building equipment contractors (electrical, plumbing, heating/cooling);
c)
Building finishing contractors;
d)
Landscape contractors;
f)
Other specialty contractors
Convenience Store: means a retail store where a range of day-to-day items such as
newspapers, confections, foodstuffs, sundries and other such household items are sold
in small quantities.
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Conforming: means a use which is permitted by this By-law in the zone category in
which the use is located.
Crematorium: means a building fitted with the proper appliances for the purpose of the
cremation of human or animal remains and includes everything incidental or ancillary
thereto.
Cultural Facility: means premises used for the purposes of educational entertainment
including but not limited to museums, libraries, art galleries, theatres and community
centres and may include ancillary office, restaurant, retail and service commercial uses.
Day Care: means a premises used for caring for one or more persons for a portion of
the day.
Deck: means a platform structure without a roof which may or may not be attached to
one or more walls for a building but shall not include a landing or stairs.
Density: is the number of dwelling units on a lot divided by the net lot area expressed
as hectares.
Dock: means an accessory structure built at the shoreline or anchored over water at
which watercraft are berthed or stored and includes such structure whether floating or
permanently anchored to the shore or the lake bed.
Drive-thru Facility: means a premises which includes stacking lanes and service
areas which provides or dispenses products or services to persons remaining in
motorized vehicles.
Driveway: means a vehicle access provided between a street or lane and a parking
area or a loading space, or between two parking areas, but does not include a parking
aisle.
Dwelling, Accessory: means a dwelling unit that is accessory to a permitted non-
residential use, other than an automotive use.
Dwelling, Detached: means a building containing one principal dwelling unit.
Dwelling, Duplex: means a building that is divided horizontally into two dwelling units
each with an entrance either independent to the exterior or through a common
vestibule.
Dwelling, Fourplex: means a building that is divided vertically and horizontally into
four dwelling units each with an entrance either independent to the exterior or through a
common vestibule.
Dwelling, Semi-Detached: means a building that is divided vertically into two principal
dwelling units each with an independent entrance to the exterior.
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Dwelling, Townhouse, Block: means a dwelling containing two or more dwelling units
having private independent entrances directly from a yard and being attached
horizontally in whole or in part above grade and divided vertically from each other by a
common masonry wall, the said dwelling being located on a single lot, with or without
dwellings, such lot being held and maintained under one ownership or under
condominium ownership pursuant to the Condominium Act. R.S.O. 1990, as amended
from time to time or any successors thereto.
Dwelling, Townhouse, Street: means one of a group of not less than three, but not
more than eight single dwellings which are attached together horizontally in whole or in
part above grade and divided vertically from each other by a common masonry wall
between each two adjacent dwellings and each of which has a private independent
entrance directly from a yard.
Dwelling Triplex: means a building that is divided vertically and horizontally, or
horizontally into three dwelling units in which each dwelling unit has an independent
entrance to the exterior or through a common vestibule.
Dwelling Unit: means a self-contained housekeeping unit of one or more rooms
containing cooking facilities, living quarters, sleeping quarters and sanitary facilities for
the exclusive use of those residing within the dwelling unit and which has an exclusive
entrance.
Dwelling Unit, Accessory: means a separate dwelling unit that is contained within a
building or in a separate building on a lot containing a dwelling unit which is subordinate
and secondary to the principal dwelling unit located on the same lot.
Dynamic Beach Hazard: means areas of inherently unstable accumulations of
shoreline sediments along the Great Lakes - St. Lawrence River System and large
inland lakes, as identified by provincial standards, as amended from time to time. The
dynamic beach hazard limit consists of the flooding hazard limit plus a dynamic beach
allowance.
Education Facility: means a premises used for instruction in a business, trade or craft
that is related or complementary to the associated industrial use.
Employee Convenience Facilities: means part of a premises providing uses for the
convenience and heath of employees such as tuck shops, cafeterias, day care, training,
medical, recreational and fitness facilities.
Erosion Hazard: means the loss of land, due to human or natural processes, that
poses a threat to life and property. The erosion hazard limit is determined using
considerations that include the 100 year erosion rate (the average annual rate of
recession extended over a one hundred year time span), an allowance for slope
stability, and an erosion/erosion access allowance.
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Farmers Market: means a retail establishment consisting of multiple vendors engaged
in the sale of food and plant products, a portion of which are locally grown and/or
prepared.
Flea Market: means the occasional or periodic sale of new and used goods to the
public, by groups of individual sellers that is held within a building, structure or open
area but shall not include a garage/yard sale.
Floor Area: means the area of all floors in a building or structure as calculated from the
interior surface of the exterior walls, exclusive of cellars, basements, garages, carports
or porches.
Flood and Erosion Protection works: means any work or structure that ensures the
prevention of loss of life, property damage and social disruption from flood and erosion
processes.
Flooding Hazard: means the inundation, under the conditions specified below, as
areas adjacent to a shoreline or a creek or stream system and not ordinarily covered by
water:
a)
Along the shoreline of Lake Erie and large inland lakes, the flooding
hazard limit is based on the one hundred year flood level plus an
allowance for wave uprush and other water-related hazards;
b)
Along creek, stream and small inland lake systems, the flooding hazard
limit is the one hundred year flood
Food Vehicle: means an outdoor vehicle not permanently affixed to the ground and
capable of being moved on a daily basis, from which food intended for immediate
consumption is provided for sale or sold, and includes a motorized, self-propelled
vehicle (i.e. food truck), a vehicle that is not self-propelled, but that can be towed (i.e.
food trailer) and a vehicle moved by human exertion (i.e. food cart).
Forestry Uses: means land used for the development, management and cultivation of
timber resources grown on-site and may include the establishment of an accessory
portable sawmill.
Funeral Home: means premises used for the care and preparation of human remains,
excluding a crematoria and may include related coordination and provision of rites and
ceremonies so that persons may attend and pay their respects.
Garage/Yard Sale: means the occasional or periodic sale of personal property which is
conducted by the occupant on a lot upon which a dwelling unit exists.
Grade: means the final elevation of the ground surface of a lot after completion of
development or construction.
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Greenhouse: means a building or structure used for the cultivation and propagation of
plants.
Gross Floor Area (GFA): means the total of all floor areas of a building(s) or
structure(s) measured from the interior wall surface of the exterior walls.
Guest Room: means a habitable room or suite of rooms wherein accommodation is
provided for gain or profit and contains no facilities for cooking.
Heavy Equipment Sales and Service: means the use of land, buildings or structures
in which heavy machinery and equipment are repaired or serviced or offered or kept for
sale, rent, lease or hire directly from said lot.
Height: means the vertical distance of a building or structure from average grade.
Home Based Business: means a use conducted within a dwelling unit which is
secondary to the primary residential use of the dwelling unit and does not include
outdoor activities associated with the home based business.
Hotel: means a building(s) that provides temporary accommodation to the public for a
period not exceeding 28 consecutive days and may include independent cooking
facilities and ancillary uses such as but not limited to restaurants, retail and service
commercial uses, meeting and convention facilities, banquet facilities, recreation and
entertainment facilities and may also include one dwelling unit.
Industry, Heavy: means premises used for:
a)
The manufacture or processing of products from raw materials; and
b)
Outdoor processing of products and materials.
Industry, Light: means premises used for:
a)
The manufacture, processing, assembly, disassembly or packaging of
finished parts or products from previously prepared materials;
b)
The repair or servicing of products;
c)
Building supply storage and wholesale; and
d)
Warehouse and storage
Industrial Effluent System: means a system which conveys and discharges the by-
product for an industrial process that can contain contaminant from non-domestic
wastes.
Infrastructure: means physical structures that form the foundation for development or
resource use.
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Intake Protection Zone (IPZ): means an area vulnerable to water quality or water
quantity threats surrounding a municipal surface water intake as delineated in a Source
Water Protection Plan.
Intensive Animal Operation: means the use of land, buildings or structures for the
raising of fowl or animals where the number of animal units, housed or marketed per
year (whichever is greater), exceeds 2.5 animal unit for each hectare of land used for
such purpose and considered to be raising of livestock.
Kennel: means any premises where four or more dogs or cats are maintained,
boarded, trained, bred or cared for in return for remuneration or kept for the purpose of
sale and is licensed by the City.
Landscape Buffer: means an open area on a lot used exclusively for the growing and
maintenance of grass, trees, shrubs and other horticultural elements and is not used
for any other purpose except where a driveway and/or sidewalk cross the landscape
buffer and includes the use of said area for a fence.
Landscaped Open Space: means a space used for the growth and maintenance of
grass, flowers, shrubs or similar landscape material and includes landscape buffers,
walkways, patios, swimming pools, fences, playgrounds and similar facilities but
excludes driveways, parking areas, ramps and curbs.
Lane: means a private right-of-way that provides a means of access to lots abutting
thereon.
Large Motor Vehicle: means a motor vehicle in excess of 3600 kilograms as
registered with the Ministry of Transportation and shall also include but not be limited to
a tractor trailer used for hauling purposes, a bus, earth moving equipment and tractors,
truck or farm vehicles.
Legal Non-Conforming: means an existing use, building or structure which is not
permitted in the zone or does not meet the zone regulations of the zone in which it is
located and which lawfully existed prior to March 19, 1982.
Livestock: means farm animals and includes but is not limited to: dairy and beef cattle,
horses, swine, sheep, poultry, goats, fowl, mink, rabbits and other fur bearing animals.
Loading Space: means an unobstructed open or covered area used to provide access
to a loading door, platform or bay.
Long Term Care Facility: means a premises containing dwellings which provide care
to meet the physical, emotional, social, spiritual and personal needs of persons. Long
Term Care Facilities include Homes for the Aged established under the Home for the
Aged and Rest Homes Act, as amended; Nursing homes licensed under the Nursing
Homes Act, as amended; and Chronic Care Facilities.
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Lot: means all contiguous land under one ownership and includes:
a)
Corner Lot - a lot situated at the intersection of two or more streets or at
the intersection of two parts of the same street, which parts have an
interior angle of intersection of not more than one hundred and thirty-five
degrees (135˚);
b)
Through Lot - a lot bounded on two opposite sides by streets, provided
that if any lot qualified both as a through lot and a corner lot as defined
herein, such lot is considered to be a corner lot for the purposes of
applying the zoning by-law; and
c)
Interior Lot - a lot other than a corner lot and a through lot.
Lot Area: means the total horizontal areas within the boundaries of a lot.
Lot Coverage: means that percentage of a lot covered by building or structure but
does not include:
a)
An eaves, or eaves trough or any other feature that is located at or above
the ceiling of the first storey; or
b)
A projection permitted under Section 2.19.
Lot Depth: means the horizontal distance measured between the midpoint of the front
lot line and the midpoint of the rear lot line.
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Lot Line: means the boundary of a lot and includes:
a)
Front Lot Line: which means the lot line, not including a corner lot line,
which abuts a street for the shortest distance, whether or not that line jogs
or curves, and extending between the side lot lines, more or less for the
full width of the lot and where more than one such lot line exists, means a
lot line which abuts the same street as the front lot line of an abutting lot;
b)
Rear Lot Line: which means the lot line furthest from and opposite the
front lot line but if there is no such line, that point furthest from and
opposite the front lot line; and
c)
Interior Side Lot Line: which means the lot line other than a front lot line,
a corner lot line or a rear lot line; or
d)
Corner Side Lot Line: which means the longest lot line along a public
road where a lot has two or more lot lines along a public road.
Lot, Registered: means a parcel of land described in a deed or other document legally
capable or conveying land or shown as a lot or block on a registered plan of subdivision.
Lot Width: means the horizontal distance between the side lot lines measured at right
angles to the lot depth, from a point that is equal to the front yard setback requirement
for the zone.
Maintenance and Storage Facility: means a building, lot, or structure, or part thereof
that is used for the mechanical repair of equipment and provides uses for the
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convenience and health of employees such as tuck shops, cafeterias, training, medical
and recreational and fitness facilities.
Marina: means a premises containing docking facilities and which is located on a
navigable waterway, where boats or boat accessories are stored, serviced, repaired,
launched or kept for sale and where a full range of marine services may be provided
including but not limited to fuelling and sewage pump out facilities, showers, foodstuffs
and laundry facilities and ancillary restaurants.
Marine Sales and Service: means a building or part thereof and associated lands
where a dealer displays new and used boats and marine accessories for sale or rent
and where marine equipment is serviced or repaired and may include boat storage
facilities.
Medical Clinic: means a place where a medical doctor, dentist or other lawfully
qualified health care practitioner has his or her practice and includes a medical or dental
laboratory.
Mineral Aggregate Operation: means
a)
An operation other than wayside pits and quarries, conducted under a
license or permit under the Aggregate Resources Act or successors
thereto; and
b)
Associated accessory 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.
Minimum Distance Separation Formulae: means formulae and guidelines developed
by the Province, as amended from time to time, to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
Mobile Home: means a residence that is designed and manufactured to be
transported on its own chassis and is equipped for year-round occupancy.
Mobile Home Park: means two or more occupied mobile homes housed on the same
lot.
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Motor Vehicle: means an automobile, motorcycle, motorized boat, motorized snow
vehicle and any other vehicle propelled or driven otherwise than by muscular power, but
excludes a large motor vehicle.
Motor Vehicle Repair Garage: means a premises where mechanical repairs on motor
vehicles including painting and body repairs are preformed and may include a motor
vehicle gas station.
Motor Vehicle Sales/Rental Service Centre: mean premises where new and used
vehicles are kept for sale, lease or rent and may include a motor vehicle repair garage.
Motor Vehicle Gas Station: means premises for the retail sale of gasoline, diesel fuel,
lubricants and associated motor vehicle fluids and may include a propane filling station.
Multi-Modal Storage Facility: means premises used for the indoor or outdoor, short
term storage of goods, materials or containers which are unloaded from cargo ships and
awaiting further transport via transport truck, rail or other similar means.
Municipal Camp Ground: means an open area provided for the use of outdoor
camping in tents, tent trailers, travel trailers or recreational vehicles.
Natural Heritage Features: means wetlands, significant woodlands, fish habitat, areas
of natural and scientific interest (ANSI's), significant habitat of endangered species and
threatened species, significant wildlife habitat, natural corridors, key hydrological
features.
Natural Hazard Lands: means shorelines, floodplains and significant valleylands.
Noxious Use: means
a)
a use which creates an adverse effect through the generation of noise,
vibration, dust, fumes, gas, odour, waste, hazardous waste, emissions,
smoke, glare, radiation, electrical interference; or
b)
any use involving the use or storage of hazardous, toxic or contaminant
substances which constitutes a threat to public health and safety; or
c)
any use that is not lawfully permitted in the Province of Ontario; or
d)
a combination thereof; but
e)
excluding normal agricultural and livestock operations and normal
aggregate resource operations in a licensed pit or quarry
Office: means a building or part thereof where administration and clerical functions are
carried out in the management of a business, profession, organization or public
administration.
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One Hundred Year Flood: for a river, stream and small inland lake systems, means
that flood, based on an analysis of precipitation, snow melt, or a combination thereof,
having a return period of 100 years on average, or having a 1% chance of occurring or
being exceeded in any given year.
Operating Apparatus: means outdoor mechanical equipment or machinery used in
conjunction with buildings or structures including but not limited to air conditioners,
generators, heat exchanges and compressors.
Outdoor Commercial Patio: means an outdoor seating area, operated as part of a
full-service or take-out restaurant or brew pub.
Outdoor Storage: means the keeping in an unroofed area of any goods, junk,
material, merchandise or vehicles in the same place for more than 24 hours.
Owner: means any person whose interest in a parcel of land is defined and whose
name is specified in an appropriate instrument in the relevant Land Registry Office.
Park: means a playground, sports field, garden, outdoor public swimming pool and
may also include accessory buildings or structures such as a maintenance building or
washroom.
Park Model Recreation Vehicle: means a trailer-type recreation vehicle that is
designed to provide a temporary accommodation for recreation, camping or seasonal
use. Park Model Recreation Vehicles are built on a single chassis, mounted on wheels.
Parking Area: means an area of land used for parking of motor vehicles and which is
located on the same lot as the principal use and comprises all parking spaces or at least
the minimum number required by this By-law and all driveways, aisles, maneuvering
areas, entrances, exits and similar areas used for the purpose of gaining access to, or
egress from the said parking spaces.
Parking Space: means a portion of a parking area, exclusive of any aisles, to be used
for the temporary parking or storage of a motor vehicle or recreation vehicle and can
include a garage or carport.
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Parking Structure: means a structure used for the parking of motor vehicles but does
not include a garage, or a carport accessory to a detached, semi-detached or duplex
dwelling.
Passive Recreation: means the use of land which is typically unobtrusive and not
disturbing to the surrounding natural landscape and may include walking trails, natural
interpretive facilities, bird and wildlife observation areas and similar uses involved in the
enjoyment of the natural environment.
Personal Service Business: means a place where:
a)
A service is performed for the personal grooming and personal effects or
clothing of the consumer, including a hair styling salon, tattoo and piercing
parlours, spa, tanning salon, shoe repair shop, dry cleaning outlet and
accessory dry cleaning equipment; laundromat; tailor or dressmaker shop;
or massage therapy service but excluding an adult entertainment
establishment;
b)
A consultation or information service is provided by a professional, other
than a medical professional, including a travel agency or interior
decorator; or
c)
Other personal or business services are provided including a printing,
publishing, photocopying, picture framing or photofinishing service,
including self-service operations.
Petrochemical Storage Facility: means the use of land, building or structures or parts
thereof for the bulk surface or underground storage of propane, petroleum products,
chemicals, gases or similar products and may include the distribution of same.
Place of Assembly/Banquet Hall: means premises providing a room or rooms to
accommodate gatherings or people for events including but not limited to trade shows,
banquets, weddings and conventions and does not include a Place of Worship.
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Place of Worship: means a building, structure or part thereof, which is primarily used
for the practice of religion and faith-based spiritual purposes wherein people assemble
for faith based worship and teachings, fellowship and community social outreach and
may include a cemetery.
Platform Structure: means a raised level surface including but not limited to decks,
balconies and porches.
Pool, Above Ground: means a pool used for recreational swimming with a
superstructure 0.6 metres or greater above grade.
Pool, In-Ground: means a pool used for recreational swimming with a superstructure
that is less than 0.6 metres above grade.
Porch: means a platform structure attached to a main wall or walls of a building having
a roof.
Premises: means the whole or part of lands, buildings or structures or a combination
thereof.
Principal: means the primary use of a lot, building or structure.
Principal Entrance: means the primary use entrance to a building.
Private Club: means a building, structure or lot owned and operated by a private
organization for use by its members and guests.
Private Water Supply and Sewage Treatment Facility: means a non-municipal
drinking water, or sewage treatment facility that serves a private use.
Public Use: means a building, structure or lot used for public services by the
corporation, the Regional Municipality of Niagara, the Federal and/or Provincial
Government, Board of Education, utility and rail companies or similarly recognized
agencies and any not-for-profit organization that is acting on behalf of any of the
aforementioned agencies.
Recreation Facility: means a premises used for participatory and/or spectator-
oriented recreation and entertainment use and may include ancillary office, restaurant,
retail and service commercial uses.
Recreation Vehicle: means a vehicle which provides short term occupancy intended
and used exclusively for travel, recreation and vacationing, designed to be towed or
propelled by a motor vehicle or self-propelled, and includes such vehicles commonly
known as; travel trailers, camper trailers, truck campers, motor homes or other similar
vehicles but does not include a mobile home.
Research Facility: means a premises for research, investigation, testing or
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experimentation and which may include engineering and product development.
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Restaurant, Fast-Food: means a premises that sells food and beverages over a
counter to its customers for consumption in the restaurant, for consumption in a motor
vehicle on the premises or for consumption off the premises.
Restaurant, Full-Service: means a restaurant that sells and serves food and
beverages to patrons seated at tables for consumption on the premises.
Restaurant, Take-Out: means a restaurant that does not have seating capacity for
diners and instead:
a)
Sells food and beverages over the counter for pick-up by the consumer for
consumption of the premises; or
b)
Delivers food and beverages directly to the consumer for consumption off
the premises.
Retail Store: means a building or part thereof where goods, wares and new or used
merchandise is offered for sale to the public.
Retail Building and Construction Supply: means a premises engaged in the selling
or installing of building supplies including lumber, millwork, siding, roofing, plumbing,
electrical, heating, air conditioning, landscaping, home improvements and similar items.
Risk Management Official: means a person appointed under Part IV of the Clean
Water Act, 2006 that has the authority to pass by-laws respecting water production,
treatment and storage under the Municipal Act, 2001.
Road, Improved: means a right of way under government jurisdiction that is open and
maintained year round.
Road, Unimproved: means a right of way under government jurisdiction that is open,
but is not maintained.
Roof, Pitched: means a roof with an angle equal to or greater than 15 degrees.
Salvage Yard: means a lot, building or structure used for wrecking, dismantling, storing
or selling used goods, wares or materials but does not include a flea market or
garage/yard sale.
Seasonal: means the use of buildings, structures, amenity areas or outdoor spaces for
a continuous period between May 1 and October 31 and means the use of buildings,
structures, amenity areas or outdoor spaces for no more than 14 consecutive days
between November 1 and April 30.
Sensitive Land Use: means buildings, amenity areas or outdoor spaces where routine
or normal activities occurring at reasonably expected times would experience one or
more adverse effects from contaminant discharges, fumes, odours, vibrations, sound
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waves or radiation generated from a nearby industrial, cannabis production facility,
transportation or utility source. Sensitive land uses may be part of the natural or built
environment. Examples may include, but are not limited to: residential uses, parks,
community or day care centres, recreation areas, medical facilities, churches and
schools.
Service, Commercial: means a building or part thereof wherein articles or goods are
repaired or serviced or where replacement parts for such articles or goods are offered
for sale.
Setback: means the distance from a building or structure to a lot line.
Setback from top of bank: means the horizontal distance from the point of the slope or
bank where the downward inclination of the land begins or the upward inclination of the
land levels off to the nearest point of any main wall of any building or structure.
Sight Triangle: means an unobstructed, required triangular area where the front lot
line and corner side lot line meet on a corner lot.
Social Service Facility: means premises providing counselling advocacy, dispensing
of aid and including but not limited to a crisis centre and emergency shelter.
Solid Waste Disposal Facility: means a facility providing for the long-term storage or
destruction of municipal solid waste and includes a landfill site or an incinerator.
Special Event: means an event which provides entertainment for the enjoyment of
members of the general public, an event where an admission fee is paid by persons
who attend or fees are paid for receiving a meal and/or entertainment and where all
148
profits are directed to a charitable organization and may include but not be limited to:
dinner theatres, picnics, barbeques, corn/pig roasts and fairs.
Stand Alone Parking Lot: means a stand-alone parking area whether or not parking is
provided in exchange for remuneration.
Storey: means the portion of a building situated between the top of any floor and the
ceiling above it or the top of the floor above it but does not include a basement.
Stormwater Management Facility: means a facility for the treatment, retention,
infiltration or control of stormwater.
Street Line: means any lot line that divides a lot from an improved or unimproved road.
Structure: means anything constructed or erected having a fixed point on or in the
ground or attached to building or structure having a fixed point on or in the ground.
Studio: means the use of a building for part thereof for:
a)
the workplace of an artist of craftsman including a painter, sculptor and a
photographer, where goods including jewellery or fine art such as portraits
or sculptures are produces in small quantity and may be provided for sale;
or
b)
recreational activities that are performed for which a membership or
instruction fee is charged and shall include but not be limited to; weight-
lifting or fitness centres, boxing or racquet sport clubs, martial arts
schools, and yoga and dance studios.
Supportive Living Facility: means a multi-unit building or part thereof with private
living space, monitoring and emergency support, optional meal services, housekeeping
services, laundry, social and recreational activities. These facilities may be privately
owned and operated, administered by a non-profit organization or run under the
authority of the Ontario Housing Corporation which is qualified to receive funding from
the Province.
Tandem Parking: means the parking of one motor vehicle directly behind another.
Trailer and Golf Cart Sales and Rental: means premises used for the sale, service
and rental of trailers and golf carts but does not include the sale, service or rental of all-
terrain vehicles or snowmobiles.
Trailer Park: means a lot used for the parking of inhabited recreation vehicles.
Transportation Depot: means any premises where large motor vehicles, buses or
taxis are parked and may include dispatching and administrative offices and vehicle
servicing.
149
Upper Tier Government: means the Federal Government of Canada, the Province of
Ontario and the Regional Municipality of Niagara.
Use: means a use of land for any purpose; and "used" and "using", and other such
forms of the word have a corresponding meaning.
Utility Trailer: means a portable structure designed for the hauling of goods, materials,
motor vehicles and the like, having a width not exceeding 2.5 metres, a height not
exceeding 1.25 metres and a length not exceeding 7.2 metres, and is not used for
commercial purposes.
Veterinary Clinic: means a building or part thereof with or without related structures
wherein animals of all kinds are treated or kept for treatment by a registered
veterinarian.
Warehouse: means premises in which goods or wares are stored and where trucks
are stored, loaded or unloaded.
Waste Disposal Site: means the application of untreated septage, the storage,
treatment and discharge of tailings from mines and waste disposal sites as defined
under Part V of the Ontario Environmental Protection Act with respect to Source Water
Protection.
Wastewater Treatment Facility: means the part of a sewage works that treats or
disposes of sewage but does not include the part of the sewage works that collects or
transmits sewage.
Wayside Pits and Quarries: means a temporary pit or quarry opened and used by or
for a public authority solely for the purpose of a particular project or contract of road
construction and not located on the road right-of-way.
Wholesale Marine and Mill Supply: means premises used for the selling or installing
of marine supplies including millwork, welding, plumbing, electrical, heating and similar
items.
Yard: means an area of a lot abutting a building that is intended for use for such
purposes as privacy space, landscaping, parking or access and includes a:
a)
Front Yard: which means that yard that extends across the full width of
the lot between a front lot line and the nearest point of the principal
building, not including a projection permitted under Section 2.20.
b)
Rear Yard: which means that yard that extends across the full width of
the lot between a rear lot line and the nearest point of the principal
building not including a projection permitted under Section 2.20.
150
c)
Interior Side Yard: which means that yard not abutting an improved road
that extends from the front yard to the rear yard between a side lot line
and the nearest point of the principal building, not including a projection
permitted under Section 2.20.
d)
Corner Side Yard: which means that yard abutting an improved road that
extends from the front yard to the rear yard between a corner side lot line
and the nearest point of the principal building, not including a projection
permitted under Section 2.20.
Yard Setback: means the distance required by this By-law between a lot line, not
including a corner lot line, and a building and includes:
a)
Front Yard Setback: which means the shortest distance between the
front lot line and any part of a building, not including a projection permitted
under Section 2.20.
b)
Rear Yard Setback: which means the shortest distance between the rear
lot line and the nearest point of the principal building, not including a
projection permitted under Section 2.20.
c)
Interior Side Yard Setback: which means the shortest distance between
the interior side lot line and any part of a building between the front and
rear yards, not including a projection permitted under Section 2.20.
d)
Corner Side Yard Setback: which means the shortest distance between
the corner side lot line and any part of a building between the front and
rear yards, not including a projection permitted under Section 2.20.
150
Yard, Required: means that portion of a lot between a specified lot line and the
specified distance to where a building or structure may be located.
Zone: means a designated area of land use shown on Schedules A1 - A9 in Section
38 of this By-law.
SCHEDULE "A2'
Symbol
Zone
AGRICULTURAL
RURAL
INSTITUTIONAL
Cit\- :
bomc
f\ llO.t(Ul\ H '.t
SCHEDULE "A3"
'"8)' 1.o-N.- t;,j?j'l(,l lf
LEGEND
Symbol
Zone
A
AGR ICULTURAL
APO AGRICULTURAL PURPOSES ONLY
AR AGRICULTURAL RESIDENTIAL
RU RURAL
RR R URAL RESIDENTIAL
I
INSTITUTIONAL
HR MAMLET RESIDENTI Ai.
llM(' MAM l.ET COMMER C'IAL
VR VACATION R ESIDENTIAL
HAZARD
ENVIRONMENTAL PROTECTION
ENVIRONMENTAL CONSERVATION
nw ..
··"-"-, Af...,..io>- --...,_.. 1.
l'oft..I... _!1-A_O..-l -.\Ol J\.1!
-
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uy of Pon o me
lane
/\ORJCULTUR/\L
l\OIUt\JI ruRAL Kl.SJUCN rw.
RURAi RLqDF.NTIAl
llAMlil KfSfOCNTIAI
IlAMILl CO.\JMI kOAt
INSTITUrlONAJ.
C.
I
8
J
Sec Schedule "A2"
City of Pon Colborne
-ii.l-
l\"ll<T ll"ll lk"lRNI
MAU
Mi'\U
SCHEDULE "AS"
I
10 By-law No. 6575130/ 18
I
I
LEGEND
I
Symbol
Zone
A
AGRICULTIJRAI.
MAU
AR
AGRICULTIJRAL R ESIDENTIAi.
1"l
APO
AGRICULTIJRAL PURPOSES ONLY
.s:
MAO
RU
RURA L
""'
"'
·-H--
I.AO
RR
RURA L RESIDENTIAL
R I
FIRSTDENSIW RESIDENTIAL
RD
RESIDEi'rnAL DEVELOPMENT
LR
LAHSHORE RESIDENTIA L
I
INSTITUTIONAL
p
PUBLICAND PARK
MAO
MINERAL AGGR EGATE OP[RATIONS
:2J
ENVIRONME('.'TAL PROTECTION
llAZARO
==i
ENVIRONMENTAi. CONSERVATION
lld1t,Scl k.\JWc -Aj" toU\ -la\\ NI) t-57 1U I
ll l'n ti 1-1J J.3, 01 Arni Ii
A
Jahn M.1IM:) M.11ut
iIJ. i I IC /:<if
...;/
Amber IAPctn1t. C'1t'I CkfS
IW
RD
RI>
A
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Sec Schedule 'A2'
LI
kU
Rll
MAO.JR-ti
JI
kD
RO
l'ORT Cnl l!ClR"1
SCHEDULE "A6"
to lly-law No 6575/30/ 18
LEGEN D lone
AGRICUJ TURAL
AGRICllI.TURAL RESIDENTIAL
RURAL RESIDEl\'TIAL
LAKESllORE RESIDENTIAL
FIRST DENSITY RESIDEl\'TIAL
SECOND DENsm- RESIDElffIAL
TillRD DENSITY RESIDENTIAL
FOU RTH DENSITY RESIDEl\'TIL
RESIDEl\'TIA L DEVELOPMEl'IT
MIXED USE
NEIGHBOURHOOD COMMERCIAL
DOWNTOWN COMMERCIAL
lllGllWAY C"C)MMERCIAL
INSTITUTIONA i.
PUBLIC AND PARK
LIGllT INDUSTRIAL
llEAVY INDUSTRIAL
MINERA L AGGREGATE OPERATIO'\S
GATEWAY INDUSTRIAL
!NDUSTRJAL DEVELOPMENT
El\'VIR01"' 1El\'TAL PROTECTION
HAZARD
E1''VIRONMTh'TAL CONSERVATION
fhu ,, S1.JwJ1i1k "Afi' lu l\)-1111\ N,, MU I 11\
l'J I ll(! l.1.11,!. °'' ool /.pul 20111
NP
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1
AG11'c1 laPuW* Cil\ C.kA
kll
City of Port Colborne
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RD
Ml/
NC
DC:
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t.'.I'
I"ll
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SCHEDULE "A8"
IO 8} law No 6751311/IJS
LEGEND
J kST OlNSJTY JtESIDfJfTIAI
SU..'ONIJ 01:.141rt'IU,'iillDf.NTIAI
llflll.O r»l"mY Rr-1\IDJ:NTIAL
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MfIOCNTIAl TOY.'NltoU 1:
fffSlflt:NTIAJ Dl.YU OPMl.tH
MIX£DUSI
NOOHHOUkHOOO tOMMFRllAI
00\\'N/U\-tNCOMMJ'llCll\J
lllGIJ\\A\' C'UMMU<<..'IAl
COMMLl<C IAI PIA7.A
ISSTlnn IONAl
f'U/ll IC MIO PAHK
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fllAVY INOUS'rk.IJ\l
/\CiRIC\11 TURAI
l\GN.ICULTllKAl f'URPIJSrs<1Nl y
AGRICUlll'kAl lt£SIUfVTIAI
HUkALKl'.SIOI NTIAl
£N\'lMONMf.NTAl PROrrcno
J:NVJRONMIJ\'T1\1.{ ONSEkVA flQN
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City of Po!1CQlpome
-@-
PORT COiJl()RNF
SCHEDULE "A9"
to By-law No. 6575/30118
Legend
Symbol
Zone
-
IPZ-1
IPZ-2
I....
·
This is Schedule "A9" to By-luw No 6575/30/ I 8
Passed the 23rd Day or Apnl 2018
c
Amber LaPointe.City Clerk