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As amended by
By-law 31/2023
ZONING
BY-LAW
20/2010
MUNICIPALITY OF
PORT HOPE
ZONING BY-LAW 20/2010
Adopted: June 29, 2010
OMB Approved: Feb. 14, 2011
Amended by By-law 31/2023
Last Updated: August 31, 2023
Prepared by:
TABLE OF CONTENTS
PART 1 - INTERPRETATION AND ADMINISTRATION
1
.....................................
1.1
Title
1
.............................................................................................................
1.2
Conformity and Compliance with By-law
1
.....................................................
1.3
Building Permits, Certificates of Occupancy and Municipal Licenses
1
.........
1.4
Interpretation
1
...............................................................................................
1.5
Enforcement
. 1
..............................................................................................
1.6
Validity
1
........................................................................................................
1.7
Effective Date
2
.............................................................................................
1.8
Repeal of Former By-laws
2
..........................................................................
1.9
Minor Variances to Former By-laws, As Amended
2
.....................................
1.10 Expansions to Legal Non-Conforming Uses
2
...............................................
1.11 Site Plan Agreements
2
.................................................................................
1.12 Lots Created by a Will
3
.................................................................................
PART 2 - ESTABLISHMENT OF ZONES
4
............................................................
2.1
Zones
4
..........................................................................................................
2.2
Zone Symbols
5
.............................................................................................
2.3
Zone Schedules
5
..........................................................................................
2.4
Determining Zone Boundaries
5
....................................................................
2.5
Exception Zones
6
.........................................................................................
2.6
Holding Zones
6
.............................................................................................
2.7
Definitions
7
...................................................................................................
2.8
Land Ownership
7
..........................................................................................
PART 3 - DEFINITIONS
8
.......................................................................................
PART 4 - GENERAL PROVISIONS
49
...................................................................
4.1
Accessory Buildings, Structures and Uses
49
...............................................
4.2
ADDITIONAL RESIDENTIAL UNITS
54
........................................................
4.3
Farm Employee Accommodation
60
..............................................................
4.4
Communication Dishes
60
.............................................................................
4.5
Decks
60
........................................................................................................
4.6
Dwelling units Below Grade
61
......................................................................
4.7
Dwelling units on a Lot
61
..............................................................................
4.8
Encroachment of Architectural Features
61
...................................................
4.9
Established Building Lines
62
........................................................................
4.10 Frontage on a Public Street
62
......................................................................
4.11 Height Exceptions
63
.....................................................................................
4.12 Home Industry
64
..........................................................................................
4.13 Home Occupation and Custom Workshop
65
................................................
4.14 Minimum Distance Separation
68
..................................................................
4.15 Model Homes
68
............................................................................................
4.16 Multiple Uses on a Lot
68
..............................................................................
4.17 Multiple Zones on One Lot
69
........................................................................
4.18 Non-Complying Buildings and Structures
69
.................................................
4.19 Non-Complying Lots
71
.................................................................................
4.20 Non-Conforming Uses
72
..............................................................................
4.21 Openings
73
..................................................................................................
4.22 Outdoor Display and Sales
73
.......................................................................
4.23 Outdoor Storage
74
.......................................................................................
4.24 Patios
74
........................................................................................................
4.25 Planting Strips
76
...........................................................................................
4.26 Porches
77
.....................................................................................................
4.27 Prohibited Uses
78
........................................................................................
4.28 Public Uses
80
...............................................................................................
4.29 Ramps and Barrier-Free Access
81
...............................................................
4.30 Reduction of Requirements
81
......................................................................
4.31 School Portables
81
.......................................................................................
4.32 Services Required
82
.....................................................................................
4.33 Sight Triangles
83
..........................................................................................
4.34 Signs
84
.........................................................................................................
4.35 Solar Panels
84
.............................................................................................
4.36 Special Setbacks
85
......................................................................................
4.37 Through Lots
86
.............................................................................................
4.38 Travel Trailers, Recreational Vehicles and Campers
86
................................
4.39 Uses of Lots without Buildings
87
..................................................................
PART 5 - PARKING AND LOADING PROVISIONS
88
.........................................
5.1
Applicability of this Section
88
.......................................................................
5.2
General Parking Provisions
88
......................................................................
5.3
Non-Residential Parking Requirements
94
....................................................
5.4
Barrier-Free Parking Spaces
95
....................................................................
5.5
General Residential Parking Provisions
96
....................................................
5.6
Residential Parking Requirements
98
............................................................
5.7
Loading
100
...................................................................................................
5.8
Queuing Lanes for Drive-through Service Facilities
100
................................
5.9
Bicycle Parking Requirements
102
................................................................
PART 6 - RESIDENTIAL ZONES
104
....................................................................
6.1
List of Applicable Zones
104
..........................................................................
6.2
General Prohibition
104
.................................................................................
6.3
Permitted Uses
104
.......................................................................................
6.4
Zone Standards
105
......................................................................................
PART 7 - COMMERCIAL ZONES
110
...................................................................
7.1
List of Applicable Zones
110
..........................................................................
7.2
General Prohibition
110
.................................................................................
7.3
Permitted Uses
110
.......................................................................................
7.4
Zone Standards
112
......................................................................................
PART 8 - EMPLOYMENT ZONES
113
...................................................................
8.1
List of Applicable Zones
113
..........................................................................
8.2
General Prohibition
113
.................................................................................
8.3
Permitted Uses
113
.......................................................................................
8.4
Zone Standards
115
......................................................................................
PART 9 - COUNTRYSIDE ZONES
117
..................................................................
9.1
List of Applicable Zones
117
..........................................................................
9.2
General Prohibition
117
.................................................................................
9.3
Permitted Uses
117
.......................................................................................
9.4
Zone Standards
120
......................................................................................
PART 10 - OTHER ZONES
121
.............................................................................
10.1 List of Applicable Zones
121
..........................................................................
10.2 General Prohibition
121
.................................................................................
10.3 Permitted Uses
121
.......................................................................................
10.4 Zone Standards
123
......................................................................................
PART 11 - OVERLAY ZONES
124
.........................................................................
11.1 Environmental Protection - Floodplain (EP-F) Zone
124
...............................
11.2 Landform Conservation Area
125
..................................................................
PART 12 - EXCEPTIONS
126
................................................................................
PART 13 - HOLDING PROVISIONS
192
................................................................
PART 14 - TEMPORARY USE ZONES
195
...........................................................
14.1 Municipality-Wide
195
....................................................................................
14.2 Site-Specific Permissions
196
.......................................................................
PART 15 - ENACTMENT
199
.................................................................................
15.1 Force and Effect
199
.....................................................................................
15.2 Readings by Council
199
...............................................................................
15.3 Certification
199
.............................................................................................
LIST OF TABLES
Table 4.1:
Provisions for Urban Residential, Commercial, Employment and
Institutional Zones
Table 4.2:
Provisions for Countryside and Open Space Zones
Table 4.3:
Maximum Floor Area for a Home Occupation or Custom Workshop
Table 4.4:
Sight Triangle Dimensions (Distance from Lot Line Point of Intersection)
Table 4.5:
Standards for Solar Collectors
Table 5.1:
Width of Parking Aisles
Table 5.2:
Non-Residential Parking Requirements
Table 5.5:
Residential Parking Requirements
Table 5.6:
Loading Spaces for Specific Uses
Table 5.7:
Loading Spaces for All Other Uses
Table 5.8:
Queuing Lane Requirements
Table 5.9:
Bicycle Parking Requirements
Table 6.1:
Permitted Uses in the Residential Zones
Table 6.2:
Standards for the Low Density Residential One (RES1) Zone
Table 6.3:
Standards for the Low Density Residential Two (RES2-1) Zone
Table 6.4:
Standards for the Low Density Residential Two (RES2-2) Zone
Table 6.5:
Standards for the Medium Density Residential (RES3) Zone
Table 6.6:
Standards for the High Density Residential (RES4) Zone
Table 6.7:
Standards for Ward 2 Residential Zones
Table 7.1:
Permitted Uses in the Commercial Zones
Table 7.2:
Zone Standards in the Commercial Zones
Table 8.1:
Permitted Uses in the Employment Zones
Table 8.2:
Zone Standards in the Employment Zones
Table 9.1:
Permitted Uses in the Countryside Zones
Table 9.2:
Zone Standards in the Countryside Zones
Table 10.1: Permitted Uses in the Other Zones
Table 10.2: Zone Standards
Table 12.1: Site-specific Exceptions
Table 13.1: Holding (H) Provisions
Table 14.1: Temporary Use Permissions
LIST OF SCHEDULES
Schedule 'A' - Ward 1 Zoning Map
Schedule 'B' - Ward 2 Zoning Map
Schedule 'C' - Special Schedules
Schedule 'C-1' - RCP 173
Schedule 'C-2' - ORM Landform Conservation Areas
Schedule 'C-3' - Kelly Crescent
Schedule 'C-6' & 'C-7' - Ferguson Farm South
Schedule 'C-8' & 'C-9' - Ferguson Farm North East Subdivision
Schedule 'C-10' & 'C-11' - Ferguson North West Subdivision
Schedule 'C-12'- Penryn Park Subdivision
Schedule 'C-13' - Highland Drive
Schedule 'C-14' - Peter Street
Schedule 'D' - Minimum Distance Separation Formulae (Sep 2006)
Municipality of Port Hope Zoning By-law
August 2023
Preamble
i
PREAMBLE
These pages explain the purpose of this Zoning By-law and how it should be used.
These pages do not form part of the Zoning By-law passed by Council and are
intended only to make the Zoning By-law more understandable and easier to use.
Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended grants the statutory
authority to municipalities to zone lands. A zoning by-law can according to Section
34(1):
-
Prohibit the use of land or buildings for any use that is not specifically permitted
by the by-law;
-
Prohibit the erection or 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 parcel of land;
-
Regulate the proportion of a lot that any building or structure may occupy;
-
Regulate the minimum elevation of doors, windows or other openings and
buildings or structures;
-
Require that parking and loading facilities be provided and maintained for a
purpose permitted by the by-law; and,
-
Prohibit the use of lands and the erection of buildings or structures on land that
is:
- Subject to flooding;
- The site of steep slopes;
- Rocky, low lying, marshy or unstable;
- Contaminated;
- A sensitive groundwater recharge area or headwater area;
- The location of a sensitive aquifer;
- A significant wildlife habitat area, wetland, woodland, ravine, valley, or area of
natural and scientific interest;
- A significant corridor or shoreline of a lake, river or stream; or,
- The site of a significant archaeological resource.
As the result of the above, zoning by-laws do affect the rights of property owners to use
land. However, zoning by-laws do not create or affect any interest in land and has no
effect on title.
Zoning by-laws in Ontario are not permitted to regulate the user of land, only the use of
land. By-laws that are designed to control the user have been determined to not be
valid by the courts. Section 35(2) is consistent with these court decisions and it states:
Municipality of Port Hope Zoning By-law
August 2023
Preamble
ii
"The authority to pass a by-law under Section 34 does not include the
authority to pass a by-law that has the effect of distinguishing between
persons who are related and persons who are unrelated in respect to the
occupancy or a use of a building or structure or a part of a building or
structure, including the occupancy or use as a single housekeeping unit."
Any Official Plan contains general policies that affect the use of land throughout a
municipality. These policies specify where certain land uses are permitted and in some
instances, specify what regulations should apply to the development of certain lands.
However, the Official Plan is a general document that is not intended to regulate every
aspect of the built form on a lot. It is for this reason that an Official Plan is not
considered to be "applicable law" for the purposes of determining whether a building
permit should be issued under the Building Code Act, 1992, S.O. 1992, c.23, as
amended. Instead, this is the role of a zoning by-law, with such a by-law being
considered "applicable law".
HOW TO USE THIS BY-LAW
In order to reference this By-law most easily, a property owner should follow each of the
steps listed below to determine what permissions apply to their particular property.
1.
LOCATE THE PROPERTY ON A MAP
Maps in a Zoning By-law are called 'Schedules'. The first step to using this By-
law is to refer to the zone schedules (both the main Schedules 'A' and ' B' as well
as any special maps contained in Schedule 'C') that can be found on the
Municipality's website, at the front counter of the Planning and Development
Department at the Municipal Office on the copy held by the Clerk's Department.
The schedule you are looking at may not be the most up-to-date version, so
confirm your findings with a Planner at the Municipality. The online schedules
include a key map and series of smaller maps covering the entire Municipality.
The zone category will be indicated on the schedules by a symbol or
abbreviation. For example, you may see a symbol such as "A" beside your
property. This would indicate that your property is within the Agricultural Zone.
The zone symbols or abbreviations are explained in Part 2 of the By-law.
Part 2 also provides assistance to help you identify the zone boundaries on the
Schedules. For example, if your property appears close to a zone boundary and
you are not sure how to determine exactly where that boundary is located, refer
to Section 2.4 of the By-law.
2.
BY-LAW AMENDMENTS
A Zoning By-law is not a static document. It is amended over time as demands
and policies governing land use change. Before proceeding any further, you
should verify that your property is not the subject of an earlier Zoning By-law
Municipality of Port Hope Zoning By-law
August 2023
Preamble
iii
amendment. While the Municipality strives to keep this By-law up-to-date, more
recent amendments may not be included in the version of the By-law you are
using. Staff in the Municipality's Planning and Development Department will be
able to assist you to confirm if your property has been subject to a more recent
By-law amendment.
3.
ZONE PROVISIONS
The next step to using this By-law is to determine what uses are permitted on
your property and what standards may apply to the uses on your property. Parts
6 to 10 of the By-law identify the permitted uses and zone standards for each
zone in the Municipality. Zone standards include minimum lot area, minimum
frontage requirements, minimum yard requirements, maximum lot coverage for
buildings, maximum permitted height of buildings and, in some cases, the
minimum required landscaped open space on the lot.
4.
DEFINITIONS
The definitions in Part 3 can assist you if you are not sure of the nature of a
permitted use or how it has been defined for the purposes of this By-law. Words
that are defined in Part 3 are italicized throughout the By-law. If a word is not
italicized, it is not specifically defined. Uses which are not identified as permitted
uses within a particular zone are not permitted in that zone.
5.
GENERAL PROVISIONS
Now that you are aware of the uses permitted on your property and the specific
zone standards that apply to those uses, reference should be made to Part 4 of
this By-law. Part 4 contains a more general set of standards known as 'General
Provisions' that apply to all properties in all zones throughout the Municipality.
For example, the general provisions contain standards that regulate the location
of accessory structures on a lot, height exceptions, and non-conforming/non-
complying uses that apply to all properties regardless of what zone the property
is located.
6.
PARKING AND LOADING
Part 5 provides the parking and loading requirements for all uses permitted in the
Municipality. If you are considering changing the use of your property or adding
a new use to your property, you should review Part 5 to ensure that you are
aware of the parking requirements for the proposed use.
7.
OVERLAY ZONES, EXCEPTIONS, HOLDING ZONES, TEMPORARY USES,
AND INTERIM CONTROL BY-LAWS
Parts 11 through 14 contain specific requirements that may apply to one property
or a series of properties. Some properties are within an Overlay Zone, covered
Municipality of Port Hope Zoning By-law
August 2023
Preamble
iv
in Part 11 (Overlay Zones) that modify use permissions or performance
standards within the particular overlay.
Lands subject to an exception covered in Part 12 (Exceptions) have specific use
permissions or zone provisions that have been applied either in response to a
landowner request or if there is a public interest objective in applying different
rules on a property and/or in an area. The provisions within an exception section
are intended to take precedence over any other provision in the By-law, where
relevant lands subject to an exception will be specifically identified on the
schedules with a number within a set of brackets after the parent zone symbol.
Additional reference may be made within this Section to special mapping
applicable to such properties.
Part 13 (Holding Provisions) contains specific requirements that describe what
conditions need to be met in order to develop or establish new permitted uses on
a property. Lands subject to a Hold will be specifically identified on the
schedules with the use of a (H) symbol followed by the Holding provision
number.
Part 14 (Temporary Use Zones) identifies those properties that are subject to use
permissions that only last for a specified period of time. Lands subject to an
exception will be specifically identified on the schedules with the use of a (T)
symbol followed by the Temporary Use number in front of the parent zone
symbol.
8.
DESCRIPTION OF ZONES
This section includes an overview of the intent and purpose of each zone.
8.1
Residential Zones (Part 6 of the By-law)
The residential zones implement the policies of the Low, Medium and High
Density Residential designations of the Official Plan. Two zones further
recognize and permit dwelling units within the Hamlets. A further three zones
recognize dwelling units within the Countryside Area.
RES1 - Low Density Residential One
This Zone would permit single detached dwellings and limited accessory uses
only. Within this zone are five "sub-zones" that reflect the varied lot frontages
and subsequent minimum required yards in Ward 1. These zones are identified
as RES1-1 (the largest and widest lots), RES1-2, RES1-3, RES1-4 and RES1-5
(the smallest and narrowest lots).
Municipality of Port Hope Zoning By-law
August 2023
Preamble
v
RES2 - Low Density Residential Two
This Zone would permit other forms of low density residential development in
addition to single detached dwellings, such as semi-detached in addition to
limited accessory uses. Similar to the RES1 Zone, there are two sub-zones
(RES2-1 and RES2-2) that reflect the different lot frontage and subsequent
minimum required yards in this zone.
RES3 - Medium Density Residential
This Zone applies to the majority of lands (except for those with a current
community facility) designated Medium Density Residential in the Official Plan.
The list of permitted uses would be fairly broad, permitting all forms of low
density residential development as well as various forms of townhouse
development and limited accessory uses.
RES4 - High Density Residential
This Zone applies to lands (except for those with a current community facility)
designated High Density Residential in the Official Plan. This zone permits
higher density forms of development such as townhouse and apartment buildings
and limited accessory uses.
RESV1 and RESV2 - Hamlet Residential
These Zones permits low density residential development within the designated
Hamlets shown in the Official Plan. The RESV2 Zone requires a larger lot area
to accommodate newer septic system requirements and permits more residential
uses that the RESV1 Zone.
RESR - Rural Residential
This Zone permits single detached dwellings and limited accessory uses on
individual lots within the Countryside Area of Ward 2 (those rural lands outside of
the Hamlets and the Oak Ridges Moraine).
RESE - Estate Residential
This Zone permits single detached dwellings and limited accessory uses within
existing estate residential subdivisions in the Countryside Area of Ward 2 (those
rural lands outside of the Hamlets and the Oak Ridges Moraine).
8.2
Commercial Zones (Part 7 of the By-law)
The Commercial Zones implement the Central, General and Highway
Commercial designations of the Official Plan, the Local Commercial areas within
Ward 1 as well as existing commercial development within Ward 2.
COM1 - Neighbourhood Commercial
This Zone permits a range of commercial use permissions that are appropriate
within a neighbourhood context, such as retail stores, personal service shops,
offices and medical clinics. This Zone applies to smaller convenience shops and
plazas in Ward 1.
Municipality of Port Hope Zoning By-law
August 2023
Preamble
vi
COM2 - General Commercial
This Zone implements the General Commercial and Highway Commercial
designations in the Official Plan and applies to comprehensively planned
commercial nodes and corridors along major arterial roads in Ward 1. It permits
a wide range of retail uses, professional offices and personal service shops.
COM3 - Downtown Commercial
This Zone applies to the historic commercial core of Ward 1 and lands south to
the railway line and Lake Ontario shoreline. It permits a broad range of retail
uses, professional offices and personal service shops as well as limited
residential development and community facilities.
COMR - Rural Commercial
This Zone applies to lands designated Highway Commercial in Ward 2 in the
Official Plan and to other existing commercial properties outside of that
designation. It permits a smaller range of retail uses, professional offices and
personal service shops than in the General Commercial (COM2) Zone, based
upon the availability of partial or private services only.
COMV - Hamlet Commercial
This Zone applies to existing commercial properties in the Hamlets of Welcome
and Campbellcroft. It permits a range of retail, professional office and personal
service uses.
8.3
Employment Zones (Part 8 of the By-law)
The employment zones implement the General and Service Employment
designations, as well as the additional specialized designations, of the Official
Plan.
EMP1 - General Employment
This Zone applies to lands designated General Employment in the Official Plan in
both Ward 1 and the Rural Employment Areas of Ward 2 (Wesleyville and the
intersection of Highway 28 and Dale Road). Permitted uses include industrial
and office uses, as well as outdoor storage. This Zone can be characterized as a
"traditional" employment zone.
EMP2 - Service Employment
This Zone applies to lands designated Service Employment in the Official Plan in
both Ward 1 and the Rural Employment Areas of Ward 2 (Wesleyville and the
intersection of Highway 28 and Dale Road). Permitted uses include industrial
and office uses, as well as limited professional office uses, but at a higher density
to ensure a high-profile built form.
EMPR - Rural Employment
This Zone applies to remaining employment lands within Ward 2 that are the site
of existing industrial uses.
Municipality of Port Hope Zoning By-law
August 2023
Preamble
vii
EMPX - Extractive
This Zone recognizes and permits licensed mineral aggregate resource
operations under the Aggregate Resources Act.
EMPG - Power Generation
This Zone applies to lands in Wesleyville that are planned for electrical power
generation and accessory uses.
EMPW - Waste Management
This Zone applies to sites used for waste management purposes in Ward 2.
8.4
Countryside Zones (Part 9 of the By-law)
These zones apply in Ward 2 to all rural lands that are not part of a Hamlet. In
other words, these zones apply to farmlands, woodlots and other rural areas.
A - Agricultural
This Zone applies to lands designated as Prime Agriculture in the Official Plan,
which are recognized as those lands to be preserved for farming. Permitted uses
are limited to agriculture and related uses, including single detached dwellings
and limited accessory uses.
RU - Rural
This Zone applies to lands designated as General Agriculture in the Official Plan,
which are recognized as those lands that are less ideal for farming. Permitted
uses are limited to agriculture and related uses, including single detached
dwellings and limited accessory uses.
Oak Ridges Moraine Zones
In 2005, the Municipality adopted its Oak Ridges Moraine Conservation Plan
Zoning By-law Amendment. It introduced six new zones into the former
Township of Hope By-law, directly implementing that Plan. The new Official Plan
recognizes the same six designations as a Secondary Plan for the area, each of
which provides the basis for one implementing zone:
-
Oak Ridges Moraine - Core (ORM-C), applying where a high concentration
of significant environmental features has been identified;
-
Oak Ridges Moraine - Environmental Protection (ORM-EP), applying to
the majority of lands on the Oak Ridges Moraine and where development is
generally discouraged;
-
Oak Ridges Moraine - Linkage (ORM-L), applying to lands where a
corridor system for the potential natural transfer of wildlife throughout the
Oak Ridges Moraine is to be protected;
-
Oak Ridges Moraine - Extractive (ORM-MX), applying to licensed mineral
aggregate resource operations on the Oak Ridges Moraine;
Municipality of Port Hope Zoning By-law
August 2023
Preamble
viii
-
Oak Ridges Moraine -Hamlet (ORM-V), applying where typical rural land
uses are permitted on the Moraine; and,
-
Oak Ridges Moraine - Rural Settlement (ORM-RS), applying where
potential expansion of the Hamlet of Campbellcroft is contemplated by the
Official Plan.
8.5
Other Zones (Part 10 of the By-law)
A series of additional zones are required to complete the implementation of the
Official Plan.
IU - Urban Institutional
This Zone applies to community facilities in Ward 1. Permitted uses include any
public or community-oriented use, including places of worship, schools,
community halls and facilities operated by the Municipality.
IR - Rural Institutional
This Zone applies to community facilities in Ward 2. A smaller list of permitted
uses applies in this Zone compared to the Urban Institutional (IU) Zone.
OS - Open Space
This Zone applies to parklands owned and maintained by a public authority
throughout the Municipality.
OSR - Major Recreational
This Zone applies to major, private open space uses (active recreation)
throughout the Municipality. Permitted uses include golf courses, cross-country
facilities, mountain biking facilities and equestrian centres.
EP - Environmental Protection
This Zone applies to Provincially Significant Wetlands and remaining lands
designated Natural Environment in the Official Plan, and outside of the
Regulatory Floodplain (see Section 7.6 of this Preamble) that contain some form
of significant environmental feature. No uses beyond conservation uses and
parks without buildings or structures (except those used for erosion or flood
control) are permitted.
Future D - Development
This Zone identifies lands that are designated for development in the Municipality
by the Official Plan but have yet to be granted full development permissions.
T - Transportation
This Zone applies to railway lands owned by CP Rail and CN Rail and permits
railway uses only.
Municipality of Port Hope Zoning By-law
August 2023
Preamble
ix
8.6
Overlay Zones (Part 11 of the By-law)
Overlay Zones are contained in Part 11 of the Zoning By-law. These Zones
modify use permissions and performance standards for lands covered by the
applicable Overlay, as required by the Official Plan.
EP-F - Environmental Protection - Floodplain
This Overlay Zone restricts full development permissions and performance
standards within the overlay to ensure that certain design criteria are carried
forward into applicable law to the satisfaction of the Conservation Authority, but
only within those areas where limited development is permitted in Section C5.1.1
of the Official Plan.
Landform Conservation Areas 1 and 2
On the Oak Ridges Moraine, an additional cap on the total area disturbed by
development is placed upon lands within a Landform Conservation Area
identified on Schedule 'C-2' to the Zoning By-law. Two standards apply, based
upon the degree of significance attached to the particular feature.
CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW NUMBER 20/2010
WHEREAS it is considered desirable to prohibit the use of land and the erection and
use of buildings or structures except for certain purposes, and to regulate the type of
construction and the height, bulk, location, size, floor area, character and use of
buildings in accordance with the provisions of Part 34 of the Planning Act, R.S.O. 1990,
c.P. 13, as amended;
NOW THEREFORE, the Council of the Corporation of the Municipality of Port Hope
enacts as follows:
Municipality of Port Hope Zoning By-law
Dec 2017
Part 1 - Interpretation and Administration
1
PART 1 - INTERPRETATION AND ADMINISTRATION
1.1
TITLE
This By-law may be referred to as the "Municipality of Port Hope Zoning By-law"
("this By-law") and applies to all lands within the Municipality of Port Hope.
1.2
CONFORMITY AND COMPLIANCE WITH BY-LAW
No person shall change the use of any building, structure or land or erect or alter
any building or structure or occupy any land or building except in accordance
with the provisions of this By-law.
1.3
BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND
MUNICIPAL LICENSES
The requirements of this By-law must be met before a building permit is issued
for the erection, addition to or alteration of any building or structure.
Without limiting the generality of the foregoing, this shall include those matters
defined as applicable law under Section 1.4.1.3 of Ontario Regulation 350/06
(the Building Code).
1.4
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 Municipality of Port
Hope or any other requirement of the County of Northumberland, the Province of
Ontario or the Government of Canada that may affect the use of lands, buildings
or structures in the Municipality.
1.5
ENFORCEMENT
Any person or directors or officers of any corporation convicted of a violation of
this By-law is liable to penalties in accordance with the provisions of Sections 67
and 67.1 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
1.6
VALIDITY
If a court of competent jurisdiction declares any provision, or any part of a
provision, of this By-law to be invalid, if it be found to be of no-force and effect, it
is the intention of the Municipality that each and every other provision of this By-
law be applied and in force in accordance with its terms to the extent possible
according to law.
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1.7
EFFECTIVE DATE
This By-law shall come into force the day it was passed if no appeals are
received. If an appeal(s) is received, this By-law, or portions thereof, shall come
into force upon the approval of the Ontario Municipal Board and in accordance
with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended.
1.8
REPEAL OF FORMER BY-LAWS
a)
By-laws 2857/73 (Port Hope) and 3035 (Hope) and all
amendments thereto are hereby repealed.
b)
By-law 3350 (Hope) is amended by deleting all of the Parts
and Schedules that apply to all lands subject to By-law 3350
except for those lands that are legally described as:
(i)
Part of Lot 12, Broken Front Concession (1252 and
1845 Baulch Road and adjacent lands as identified on
Schedule "B" - Sheet 15).
1.9
MINOR VARIANCES TO FORMER BY-LAWS, AS AMENDED
Where the Committee of Adjustment of the Municipality or the Ontario Municipal
Board has authorized a minor variance from the provisions of By-laws 2857/73,
3035 and 3350, in respect of any land, building or structure and the decision of
the Committee of Adjustment of the Municipality of Port Hope or the Ontario
Municipal Board authorizing such minor variance has become final and binding
prior to the enactment of this By-law, the provisions of this By-law, as they apply
to such land, building or structure, shall be deemed to be modified to the extent
necessary to give effect to such minor variance.
1.10
EXPANSIONS TO LEGAL NON-CONFORMING USES
Where the Committee of Adjustment of the Municipality of Port Hope or the
Ontario Municipal Board has authorized the expansion of a legal non-conforming
use, building or structure in accordance with Section 45 (2) a) i) of the Planning
Act R.S.O. 1990 c.P 13 as amended and the decision of the Committee of
Adjustment of the Municipality of Port Hope or the Ontario Municipal Board
authorizing such expansion has become final and binding prior to the enactment
of this By-law, the provisions of this By-law, as they apply to such land, building
or structure shall be deemed to be modified to the extent necessary to give effect
to such a decision.
1.11
SITE PLAN AGREEMENTS
Where a Site Plan Agreement has been entered into prior to the effective date of
this by-law, the provisions of this by-law, as they apply to such land, building or
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structure, shall be deemed to be modified to the extent necessary to give effect
to such Site Plan Agreement.
1.12
LOTS CREATED BY A WILL
A lot created by a Will after July 26, 1990 does not qualify for a building permit. If
a lot created by a Will was created on or before July 26, 1990, a building permit
may be available provided all other applicable provisions in this By-law are met.
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PART 2 - ESTABLISHMENT OF ZONES
2.1
ZONES
The Provisions of this By-law apply to all lands within the limits of the Municipality
of Port Hope. All lands in the Municipality are contained within one or more of
the following Zones:
ZONE
SYMBOL
Residential Zones (See Part 6)
Low Density Residential One
RES1-1, RES1-2,
RES1-3, RES1-4.
RES1-5
Low Density Residential Two
RES2-1, RES2-2
Medium Density Residential
RES3
High Density Residential
RES4
Hamlet Residential One
RESV1
Hamlet Residential Two
RESV2
Rural Residential
RESR
Estate Residential
RESE
Commercial Zones (See Part 7)
Neighbourhood Commercial
COM1
General Commercial
COM2
Downtown Commercial
COM3
Rural Commercial
COMR
Hamlet Commercial
COMV
Employment Zones (See Part 8)
General Employment
EMP1
Service Employment
EMP2
Rural Industrial
EMPR
Power Generation
EMPG
Extractive Industrial
EMPX
Waste Management
EMPW
Countryside Zones (See Part 9)
Agricultural
A
Rural
RU
Oak Ridges Moraine - Core
ORM-C
Oak Ridges Moraine -
Environmental Protection
ORM-EP
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Oak Ridges Moraine - Extractive
Industrial
ORM-MX
Oak Ridges Moraine - Linkage
ORM-L
Oak Ridges Moraine - Rural
ORM-RU
Oak Ridges Moraine - Village
ORM-V
Other Zones (See Part 10)
Institutional - Urban
IU
Institutional - Rural
IR
Open Space
OS
Major Recreational
OSR
Environmental Protection
EP
Transportation
T
Future Development
D
Overlay Zones (See Part 11)
Environmental Protection - Floodplain
EP-F
Landform Conservation Area
(Schedule 'C-2')
2.2
ZONE SYMBOLS
The Zone symbols used in this By-law and on the Schedules to this By-law to
refer to lots, buildings and structures and other parcels of land and to the use of
lots, buildings and structures and other parcels of land permitted by this By-law.
2.3
ZONE SCHEDULES
The Zones and Zone boundaries are shown on Schedules 'A' and 'B' to this By-
law.
2.4
DETERMINING ZONE BOUNDARIES
When determining the boundary of any Zone as shown on any Schedule forming
part of this By-law, the following provisions shall apply:
a)
A boundary indicated as following a highway, street, lane,
railway right-of-way, utility corridor or watercourse shall
follow the centreline of such highway, street, lane, railway
right-of-way, utility corridor or watercourse;
b)
A boundary indicated as substantially following lot lines
shown on a Registered Plan of Subdivision, or the municipal
boundaries of the Municipality shall follow such lot lines;
c)
A boundary indicated as running substantially parallel to a
streetline and the distance from the streetline is not
indicated, the boundary shall be deemed to be parallel to
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such a streetline and the distance from the streetline shall be
determined
according
to
the
scale
shown
on
the
Schedule(s);
d)
A boundary indicated as following a lot line abutting an
unopened road allowance shall follow the centreline of such
road allowance;
e)
A zone boundary indicated as following a shoreline shall
follow such shoreline, and in the event of a change in the
shoreline, the boundary shall be construed as moving with
the actual shoreline;
f)
Where a lot falls into two or more zones, each portion of the
lot shall be used in accordance with the provisions of this By-
law for the applicable zone; and,
g)
Where none of the above provisions apply the zone
boundary shall be scaled from the Schedule(s).
In no case is a Zone boundary dividing a lot into two or more Zone categories
intended to function as a property boundary.
2.5
EXCEPTION ZONES
Where a Zone symbol on the attached schedule(s) is followed by a number
enclosed within a set of brackets, the symbol refers to a site-specific exception
that applies to the lands noted. Site-specific exceptions are listed in Part 12 of
this By-law. Unless specifically amended by the Zone Exception, all other
provisions of the Parent Zone apply.
2.6
HOLDING ZONES
a)
Notwithstanding any other provision in this By-law, where a
Zone symbol is followed by a set of brackets, a letter "H" and
a number contained within those brackets - for example
RES4(H1) - the symbol refers to a Holding provision that
applies to the lands noted. No person shall use or permit the
land to which the Hold applies for any use other than the use
which legally existed on the date the By-law applying the
Holding provision came into effect or the use(s) permitted in
the By-law enacting the Hold, or expand or replace an
existing building or structure as the case may be, until the
Hold (H) is removed in accordance with the policies of the
Official Plan and Section 36 of the Planning Act, R.S.O.
1990, c.P.13, as amended.
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b)
Notwithstanding the above, public uses in accordance with
Section 4.28 of this By-law, model homes in accordance with
Section 4.15 of this By-law, construction uses in accordance
with Section 14.1.1 of this By-law, a sales office in
accordance with Section 14.1.2, wayside pit, wayside quarry,
portable asphalt plant or portable concrete plant in
accordance with Section 14.1.3 of this By-law are permitted
without the need to remove the Holding provision. In
addition, this provision shall not prevent the issuance of a
Building Permit to make structural repairs, carry out façade
improvements, improve and/or replace plumbing and
electrical systems and/or replace openings.
2.7
DEFINITIONS
For the convenience of the reader, all words that are italicized are defined in Part
3 of this By-law.
2.8
LAND OWNERSHIP
No representation or implication is made by the Municipality nor should any
inference be drawn from the Schedules attached to this By-law as to the
ownership of any land and/or rights of access to such land. Ownership and
access rights are legal matters that fall solely within the purview of a court of
competent jurisdiction.
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PART 3 - DEFINITIONS
Abattoir means:
An establishment used for the slaughtering or killing of livestock, or poultry, or
fowl, and may include the temporary keeping of animals or poultry or fowl, the
preparing and packing and shipping of meat for human consumption; in
conformity with the regulations contained in the Public Health Act, as amended.
Accessory building or structure means:
A detached building or structure, the use of which is customarily incidental to,
subordinate to, or exclusively devoted to the principal use or building, located on
the same lot.
Accessory use means:
A use, which is subordinate to; incidental to; and exclusively devoted to the
principal use and located on the same lot.
Adult Entertainment means:
An establishment in which is provided, in pursuance of a trade, calling, business
or occupation, Services or Entertainment Appealing to or Designed to Appeal to
Erotic or Sexual Appetites or Inclinations.
Adult Entertainment Use means:
A use that includes an adult entertainment establishment, adult video store, adult
specialty store, body rub establishment, whether such use is a main or accessory
use.
Adult Specialty Store means:
An establishment specializing in the sale of materials and products, such as
clothing and accessories, appealing to, or designed to appeal to, erotic or sexual
appetites or inclinations. An adult specialty store may, as an accessory use, sell
or rent pre-recorded video tapes, video discs, films and or slides appealing to, or
designed to appeal to, erotic or sexual appetites or inclinations, provided that no
greater than 10% of the gross floor area of the premises is used for such sale or
rentals.
Adult Video Store means:
An establishment where any combination of pre-recorded video tapes, video
discs, films or slides Appealing to, or Designed to Appeal to, Erotic or Sexual
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Appetites or Inclinations, or depicting sexual acts, are offered for rent or sale. An
Adult video store shall not include facilities for the screening or viewing of such
products.
Agricultural Support Use means:
An establishment used for the storing, blending and distributing agricultural
support products such as fertilizers, seed and agricultural chemicals.
Agricultural Warehouse means:
A building used for the storage of agricultural produce and may include facilities
for wholesale distribution or an accessory retail store, subject to the provisions of
this By-law.
Aisle means:
An area of land used by motor vehicles to access parking spaces.
Alteration means:
Any modification to the structural component of a building that results in a
change of use, or any increase or decrease in the volume or floor area of a
building or structure.
Animal Clinic means:
An establishment where one or more licensed veterinarians and any associated
staff provide medical, surgical or similar services solely for domestic pets. This
definition may include overnight recovery areas and grooming activities but shall
not include any facilities for the cremation or disposal of dead animals or a
kennel.
Animal Shelter means:
An establishment where abandoned, lost or rescued animals are sheltered or
boarded for the purposes of adoption or claiming shall not but include and animal
clinic or kennel.
"Appealing to, or Designed to Appeal to, Erotic or Sexual Appetites or
Inclinations", when Used to Describe Services or Entertainment includes:
a)
Services or Entertainment of which a principal feature or characteristic is
the nudity or partial nudity of any person; and,
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b)
Services or Entertainment in respect of which the word "nude", "naked",
"topless", "bottomless", "sexy", or any other word, picture, symbol or
representation having like meaning or implication is used in any
advertisement.
Arena means:
A building containing an ice surface used for skating related activities and/or
trade shows, other recreational activities not requiring an ice surface and other
events or gatherings, such as weddings, banquets and conferences.
Art Gallery means:
An establishment used for any combination of the preservation, exhibition or sale
of paintings or other works of art.
Asphalt plant means:
An establishment that produces and/or recycles asphalt or similar coated road
stone and has equipment designed to heat and dry aggregate and to mix mineral
aggregate with bitumen and/or tar, and includes:
(a)
The stockpiling and storage of bulk materials used in the process or
finished product(s) manufactured on the premises; and
(b)
The storage and maintenance of equipment, and
(c)
Facilities for the administration or management of the business.
Assembly Hall means:
A building, or part of a building, in which facilities are provided for such purposes
as meetings for civic, educational, political, religious or social purposes and may
include a banquet hall, private club or fraternal organization.
Auctioneer's Establishment means:
An establishment used for the sale of items in which the price is determined
through bidding and may include, as an accessory use, an outdoor display and
sales area.
Auditorium means:
A building, or part of a building, in which facilities are provided for athletic, civic,
educational, political, religious or social purposes and shall include an arena,
gymnasium, or other similar facility or use.
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Balcony means:
An outdoor living area on a partially enclosed platform attached to or extended
horizontally from one or more main walls of a building and which is not accessed
by stairs from the outside.
Banquet Hall means:
An establishment used for the purpose of catering to banquets, weddings,
receptions or similar functions for which food and beverages may be prepared
and served.
Barrier-free means:
A building and its facilities, which can be approached, entered and used by
persons with physical or sensory disabilities.
Basement means:
One or more storeys of a building located below the first storey.
Bed and Breakfast Establishment means:
An establishment where guest rooms are rented and in which sleeping
accommodations and meals are provided to the traveling public and is carried out
within the principal residence of the proprietor of the establishment.
Bicycle Parking Space means:
An area that is provided and maintained for the purpose of temporary storage of
a bicycle or motor assisted bicycle as defined under the Highway Traffic Act.
Bicycle Parking Space, Long-term means:
A bicycle parking space within a building or structure designed for the storage of
bicycles equipped with a rack or stand designed to lock the wheel and frame of a
bicycle, or within a locked room for the exclusive use of parking bicycles.
Bicycle Parking Space, Short-term means:
A bicycle parking space that is equipped with a rack or stand designed to lock the
wheel and frame of a bicycle, that is available for use by the general public.
Billiard Hall means:
An establishment where the game of billiards is played for commercial purposes.
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Body Rub means:
The kneading, manipulating, rubbing, massaging, touching or stimulating, by any
means, of a person's body or part thereof but does not include:
a)
Medical or therapeutic treatment given by a person duly qualified, licensed
or registered to do so under the laws of the Province of Ontario; and,
b)
Alternative health care services, such as shiatsu and reflexology, given by
a person duly qualified to provide such services through completion of
formal courses and education and training in the provision of such service
offered by an organization or institution that has the qualifications to
provide such services.
Body Rub Establishment means:
An establishment where a body rub is performed, offered or solicited in
pursuance of a trade, calling, business or occupation, but shall not include:
a)
Any establishment where body rubs are performed for the purpose of
medical or therapeutic treatment and are performed by persons duly
qualified, licensed or registered to do so under the laws of the Province of
Ontario; and,
b)
Any establishment where body rubs are performed for the purpose of
alternative health care services, such as shiatsu and reflexology, given by
a person duly qualified to provide such services through completion of
formal courses and education and training in the provision of such service
offered by an organization or institution that has the qualifications to
provide such services.
Bowling Alley means:
An establishment where the game of bowling is played for commercial purposes.
Building means:
A structure consisting of any combination of a wall, roof and floor, or a structural
system serving the function thereof, including all plumbing, works, fixtures and
service systems appurtenant thereto.
Building Supply Outlet means:
An establishment in which building or construction materials and home
improvement materials are offered for retail sale.
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Bulk Fuel Storage Facility means:
An establishment for the bulk storage of petroleum, petroleum products,
chemicals, gases or similar substances.
Camping Establishment means:
A tourist establishment consisting of at least five (5) seasonal camping lots and
comprising land used or maintained as grounds for the camping or temporary
parking of trailers, motorized mobile homes, truck campers, campers or tents, but
does not include parks or camping grounds maintained by a public authority
Cannabis-related use - indoor" means:
Those activities authorized in accordance with the Federal Cannabis Regulation
SOR-2018-144 as amended that are carried out within an enclosed building or
structure.
"Cannabis-related use - outdoor" means:
Those activities authorized in accordance with the Federal Cannabis Regulation
SOR-2018-144 as amended that only involve the growing and harvesting of
cannabis outdoors.
Carport means:
A building or structure which is less than 60% enclosed, and is used for the
parking or storage of one or more motor vehicles.
Cellar means:
That portion of a building, between two floor levels, which has at least half of its
height from finished floor to finished ceiling below finished grade level adjacent to
the exterior walls of the building.
Cemetery means:
Has the same meaning as in the Funeral, Burial and Cremation Services Act, as
amended.
Centreline means:
With reference to a public street, a line drawn parallel to and equidistant from the
limits of the public street and with reference to a private street, a line drawn
parallel to and equidistant from the edges of the paved surface of the private
street.
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Child care centre means:
Has the same meaning as in the Child Care and Early Years Act, as amended.
Commercial Fitness Centre means:
An establishment in which facilities are provided for recreational or athletic
activities such as body-building, gymnastics, martial arts and exercise classes
and may include associated facilities such as a sauna, a swimming pool, a
solarium, a cafeteria and accessory retail store.
Commercial Self-storage Facility means:
An establishment used for the temporary storage of household items and
secured storage areas or lockers which are generally accessible by means of
individual loading doors for each storage unit or locker.
Communication Dish means:
A device that is utilized to receive and/or transmit telecommunications radio or
television or other data signals.
Community Centre means:
A building or structure operated by a public authority which is used for community
activities and other activities such as recreational uses, trade shows, weddings
and banquets.
Community Centre, Private means:
A tract of land or building or any part of a building used by the residents of a
planned adult lifestyle/retirement community for the purposes of recreation,
athletic, religious or social purposes.
Community Garden means:
An area of land, rooftop, other space managed and maintained by individuals
and/or non-profit organizations that is not located in a building, to grow and
harvest food crops and/or non-food, ornamental crops, such as flowers grown for
personal or group use, consumption or donation.
Concrete batching plant means: An industrial use where concrete or concrete
products used in building or construction is produced, and includes facilities for:
- The administration or management of the business;
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- The stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises; and/or
- The storage and maintenance of required equipment;
- But does not include the retail sale of finished concrete products.
Conservation Use means:
An area of land that is generally left in its natural state and which is used for any
combination of preservation, protection, or improvement of components of the
natural heritage system of other lands for the benefit of man and the natural
environmental and which may include, as an accessory use, hiking trails and
cross country ski trails, buildings and structures such as nature interpretation
centres and public information centres.
Contractor's Supply Establishment means:
An establishment in which materials and supplies for service trade contractors
are offered for retail sale.
Contractor's Yard means:
An establishment used by any general contractor or builder where equipment
and materials are stored, or where a contractor and/or builder performs shop and
assembly work, and/or offers a trade or service, which is not generally open to
the public, and includes, but is not limited to, landscaping services, excavators,
roofing, industrial electricians, general construction services, and welding
services, or other similar services.
Corporation means:
The Corporation of the Municipality of Port Hope.
Council means:
The Council of the Corporation of the Municipality of Port Hope.
Country Inn means:
An establishment which is used for overnight accommodation, with meals, for the
traveling public or day visitors to Port Hope, and which shall also include
residential accommodation for the owner.
County means:
The Corporation of the County of Northumberland.
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Court means:
An open, uncovered and unoccupied space appurtenant to a building and
bounded on two sides by walls of the main building.
Crematorium means:
A building that is fitted with appliances for the purpose of cremating human
remains and that has been approved as a crematorium or established as a
crematorium in accordance with the Funeral, Burial and Cremation Services Act
and includes everything necessarily incidental and ancillary to that purpose.
Custom Workshop means:
A building or part of a building used by a trade, craft or guild for the manufacture
in small quantities of made-to-measure clothes or articles and shall include
baking, dressmaking, upholstering, weaving, repair, refinishing of antiques and
other art objects, ceramic making, painting, sculpting and the repair of personal
effects, but shall not include metal spinning, woodworking or furniture
manufacturing, or refinishing of antique automobiles, and further does not include
any factory production or any shop or factory otherwise classified or defined in
the By-law.
Dating/Escort Services means:
An establishment where the social needs of those looking for companionship are
organized, and which may include meeting rooms and/or dispatch services
and/or the storage and parking of motor vehicles used by the business.
Data processing or other data services use means:
An establishment used for the collection, analysis, processing, storage, or
distribution of electronic data.
Deck means:
An uncovered and unenclosed structure that is accessory to a residential use
and used as an outdoor living area, with a foundation holding it erect and a floor
that is above finished grade and shall not include a landing or a stair.
Dog and other Pet Daycare means:
An establishment where domestic dogs and other pets are cared for during the
day and not overnight.
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Drive-through Service Facility means:
A building or structure where goods or services are offered to the public within a
parked or stationary vehicle by way of a service window.
Driveway means:
A defined area providing access for motor vehicles from a public or private street
or a lane to facilities such as a parking area, parking lot, loading space, private
garage, building or structure.
Dry Cleaners Distribution Station means:
An establishment where articles of fabric are dropped off, stored or picked up by
members of the public, but does not include a dry cleaning establishment.
Dry Cleaning Establishment means:
An establishment where dry cleaning, dry dyeing, cleaning or pressing of articles
or goods of fabric is carried on and in which only non-flammable solvents are or
can be used which do not emit odours or fumes and from which no noise or
vibration is emitted.
Dry Industrial Use means:
An industrial use that does not utilize water in any manufacturing or processing
activities and where water is required for employee use only.
Dwelling Unit means:
An area of a building operated as a housekeeping unit, used or intended to be
used by one or more persons and usually containing cooking, eating, living,
sleeping and sanitary facilities. The dwelling units regulated by this By-law are
defined below:
a. Accessory dwelling: An accessory dwelling unit to the principal use of a
non residential building.
b. Additional residential unit means: A dwelling unit that is self-contained,
subordinate to and located within the same building or on the same lot of
a primary dwelling unit. For the purposes of this definition, a detached
additional residential unit can be considered a modular home dwelling.
c. Apartment dwelling: A dwelling unit in a building containing five or more
dwelling units that share a common access to the outdoors through a
common entrance and/or a common corridor system.
d. Garden suite: A detached dwelling unit that is accessory to the principal
dwelling unit on the same lot and which is designed to be portable.
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e. Mobile home dwelling: A dwelling unit designed to be mobile and
constructed or manufactured to provide a permanent residence for one or
more persons in accordance with the applicable Canadian Standards
Association standard.
f. Modular Home dwelling: A prefabricated building or structure which is
designed to provide a permanent dwelling unit for one or more persons
and which is placed on a finished permanent foundations. This definition
shall not include a mobile home, a travel trailer or tent trailer or a trailer
otherwise defined.
g. Multiple dwelling: A dwelling unit in a building containing four or more
dwelling units that would not be considered any other type of dwelling
unit as defined by this By-law.
h. Primary dwelling unit: The largest dwelling unit in which the residential
use of the lot is conducted.
i. Semi-detached dwelling: A dwelling unit in a building that is divided
vertically into two dwelling units that share a common wall above and
below grade. A wall that has a minimum height of 2.4 metres above
grade and which has a minimum depth of 6.0 metres is required to
separate the pair of dwelling units within the same building.
j. Single detached dwelling: A dwelling unit in a building containing only
one dwelling unit.
k. Street townhouse dwelling: A dwelling unit in a building that is vertically
divided above and below grade into a minimum of three dwelling units,
each of which has an independent entrance to the outside at the front,
rear, and/or side of the building and a yard abutting at least two of the
exterior walls of each dwelling unit.
l. Triplex dwelling: A dwelling unit in a building that is divided horizontally
or is divided horizontally and vertically into three dwelling units, each of
which has an independent entrance to the outside or through a common
entrance or a combination of both.
Easement means:
An instrument that is registered on title which provides for the use of land subject
to the easement for sewer, water, drainage or utility purposes and which may
include a right-of-way in favour of a public authority.
Emergency Housing means:
Emergency shelters or facilities that accommodate not less than three and not
more than ten residents, and provide temporary lodging, board, and personal
support services to homeless individuals in a 24-hour supervised setting, for up
to 30 days.
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Emergency Service Facility means:
A building that houses emergency personnel, their supplies, equipment and
vehicles and may include an ambulance response facility, fire station or police
station.
Equestrian Centre means:
An area of land where horses are boarded and taken out to be ridden by their
owners, or rented to others and where riding lessons may be given.
Equipment Sales and Rental means:
An establishment in which heavy machinery and equipment are offered or kept
for rent, lease or hire under agreement for compensation.
Erect means:
To build, construct, reconstruct, alter, relocate or, without limiting the generality of
the foregoing, shall include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, structurally altering any
existing building or structure by an addition, demolition, enlargement or
extension.
Established Grade means:
The average surface elevation at the outside walls of any building or structure,
which is determined by taking the arithmetic mean of the levels of the finished
ground surface at every location of change of grade at the outside walls of the
building or structure.
Farm 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 and farm processing - value-retaining facilities.
Farm Employee Accommodation means:
Buildings or structures that are designed to be used for the accommodation of
employees of a farm on a temporary or permanent basis.
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Farm Event Venue means:
An event venue accessory to a farm and which is used for social gatherings for
people who are not part of the farm operation, and the event is not related to
normal farm practices. It may or may not be open to the public and is operated
for profit or gain.
Farm Event Venue (short-term) means:
An event venue accessory to a farm and which is used for social gatherings for
people who are not part of the farm operation, and the event is not related to
normal farm practices. It may or may not be open to the public and is operated
for profit or gain, but can only last for three consecutive calendar days each year.
Farm Experience and Education Activity means:
An accessory use that is directly related to agriculture and a farm and which
consists of adding a component of information, education, or entertainment to a
farm.
Farm Implement Dealer means:
An establishment where farm equipment is repaired, serviced, sold or stored.
Farm Processing - Value-Retaining means:
The grading, sorting, packing, drying of crops primarily produced on properties
which form part of the farm where the facility is located.
Farm Processing Value-Added means:
An accessory use involving the processing and refining of products made from
produce grown on the farm into a final retail product.
Farm Produce Outlet means:
An outlet that is accessory to a farm and, located on the same lot, and operated
by the owner of the farm, in which fresh fruits, grains, plants, flowers, grasses
and vegetables grown on the farm are offered for sale, and may also include the
limited sale of value-added farm products made from the produce grown on the
farm, such as jam, pies, honey, wine, meat, eggs or dairy products. The limited
sale of preserving supplies, other food products, home crafts, flowers and
produce and bedding plants grown locally, in Ontario, may also be included.
Farm Vacation Home means:
An establishment that provides sleeping accommodation (including participation
in farm activities, meals, services, facilities and amenities for the exclusive use of
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guests) for the traveling or vacationing public in up to three guest rooms within a
single dwelling that is located on a farm and is the principal residence of the
proprietor of the establishment.
Financial Institution means:
An establishment in which financial services are offered to the public and
includes a bank, credit union, trust company, savings office, cheque cashing
company, or any other retail banking operation.
Floodplain means:
In the case of inland waterways, those lands subject to flooding during a
Regulatory flood, being a Regional Storm centred over any given watershed.
Floodproofing, Dry means:
The use of fill, columns or design modifications to elevate openings in buildings
or structures above the Regulatory Flood level or the use of watertight doors,
seals, berms/floodwalls to prevent water from entering openings below the
Regulatory Flood level.
Floodproofing, Wet means:
The use of materials, methods and design measures to maintain structural
integrity and minimize water damage in buildings or structures which are
intentionally designed to allow flood waters to enter, as determined by the
Municipality in consultation with the Ganaraska Region Conservation Authority.
Floor Area means:
The total area of all floors in a building, measured between the exterior faces of
the exterior walls of the building at each floor level.
Floor Area, Gross means:
The aggregate of the areas of each floor of a building or structure above or below
established grade, measured between the exterior faces of the exterior walls and
the building or structure excluding the sum of the areas of each floor used, or
designed or intended for use for the parking of motor vehicles, unless the parking
of motor vehicles is the principal use of the building or structure.
Floor Area, Gross Leasable means:
The total area of all floors in a building designated for tenant occupancy and the
tenant's exclusive use including basements, mezzanines, upper floor areas and
integral storage areas, measured from the centerline partitions and the exterior
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faces of the exterior walls but not including public or common areas such as
parking spaces and parking areas, malls, corridors, stairways, elevators or
machine or equipment rooms.
Floor Area, Ground means:
The area of a lot occupied by a building or structure measured to the interior face
of the exterior walls, excluding in the case of a dwelling any private garage,
breezeway, porch or verandah.
Floor Area, Net means:
The aggregate of the floor areas of a building above or below established grade,
but excluding car parking areas within the building, stairways, elevator shafts,
service or mechanical rooms and penthouses, washrooms, garbage or recycling
rooms, staff locker and lunch rooms, loading areas, any space with a floor to
ceiling height of less than 1.8 metres and any part of a basement that is
unfinished, is used solely for storage purposes and is not accessible to the
public.
Food truck means:
A motorized vehicle, other than a motor assisted bicycle or motorcycle, from
which refreshments are cooked, carried or offered for sale for consumption to the
general public but does not mean trailers, push cars or non-motorized vehicles
propelled by muscular power.
Forest Management means:
The management of woodlands, including accessory uses such as the
construction and maintenance of forest access roads and maple syrup
production facilities:
a)
For the production of wood and wood products, including maple syrup;
b)
To provide outdoor recreation opportunities;
c)
To maintain and, where possible, improve or restore conditions for wildlife;
and,
d)
To protect water supplies.
Fuel Storage Tank means:
A tank for the bulk storage of petroleum, gasoline, fuel, oil, gas or flammable
liquid or fluid but does not include a container for a tank for storage merely
incidental to some other use of the premises where such tank is located.
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Funeral Home means:
An establishment used for providing funeral supplies and services to the public
and includes facilities intended for the preparation of the human body for
internment.
G.S.C. means:
When used in conjunction with a number, the elevation of the land above sea
level according to the Geological Survey of Canada.
Garage, Private means:
An enclosed building, or part thereof, designed and used for the storage of one
or more motor vehicles.
Golf Course means:
An outdoor public or private area operated for the purpose of playing golf and
which may include, as accessory uses, a restaurant, a clubhouse, a retail store
selling golf equipment and accessories, a fitness centre, a miniature golf course,
a dwelling unit for an owner/caretaker and other buildings or structures devoted
to the maintenance, administration of the golf course.
Golf Driving Range means:
An indoor or outdoor public or private facility dedicated to the driving of golf balls
from fixed golf tees and which may include, as accessory uses, a clubhouse, a
retail store selling golf equipment and accessories, a dwelling unit for an
owner/caretaker and other buildings and structures devoted to the maintenance,
administration and operation of the golf driving range.
Greenhouse, Commercial means:
A building or structure for the growing of flowers, fruits, vegetables, plants,
shrubs, trees and similar vegetation, which are not necessarily planted outdoors
on the same lot containing such greenhouse, excluding the growing of cannabis
and, which are sold directly from such lot at wholesale or retail.
Habitable Room means:
A room designed for living, sleeping, eating or food preparation including, but not
limited to, a den, library, sewing room or enclosed sunroom.
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Height means:
With reference to a building or structure, the vertical distance measured from the
established grade of such building or structure to:
a)
The highest point of the roof surface or the parapet, whichever is the
greater, of a flat roof;
b)
The deckline of a mansard roof;
c)
The mean level between eaves and ridge of a gabled, hip or gambrel roof
or other type of pitched roof; and,
d)
In case of a structure with no roof, the highest point of the said structure.
Home child care means:
The caring of children in a dwelling unit in accordance with the Child Care and
Early Years Act, as amended and which is not a child care centre.
Home Industry means:
A small-scale industrial use which is an accessory use to the principal use. For
the purpose of this By-law, a contractor's yard, the repairing of motor vehicles or
paint shop, mobile homes and trailers are not considered to be home industries.
Home Occupation means:
The use of part of a dwelling unit for the conduct of a profession, trade or
occupation that results in a product or service and which is clearly accessory to
the principal residential use of the dwelling unit.
Hospital means:
Any institution, building or other premises established for the treatment of
persons afflicted with or suffering from sickness, disease or injury.
Hotel means:
An establishment that contains suites with or without private cooking facilities that
are rented on a temporary basis to the public or dwelling units, or a combination
of both, equipped to be occupied as temporary accommodation for the public,
and may contain a public dining area, meeting rooms and accessory banquet
facilities.
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Hydrologically Sensitive Feature means:
Permanent and intermittent streams, wetlands, kettle lakes, seepage areas and
springs as described in Section 26 of the Oak Ridges Moraine Conservation
Plan.
Individual on-site sewage services means:
Sewage systems, as defined in O. Reg. 332/12 under the Building Code Act,
1992, that are owned, operated and managed by the owner of the property upon
which the system is located.
Individual on-site water services means:
Individual, autonomous water supply systems that are owned, operated and
managed by the owner of the property upon which the system is located.
Industrial Use means:
An establishment used primarily for the purpose of manufacturing, processing,
fabrication, assembly, treatment, packaging and incidental storage of goods and
materials and may include accessory sales and distribution of such products.
Infrastructure means:
A physical structure (facilities and corridors) that form the foundation for
development. Infrastructure includes: sewage and water systems, septage
treatment systems, waste management systems, electric power transmission
facilities, communication/telecommunications facilities, transit and transportation
corridors and facilities, oil and gas pipelines and associated facilities.
Institutional Use means:
A use that caters to the social, educational, health or religious needs of humans.
Kennel means:
An establishment used for the breeding, raising, training, sheltering, or boarding
of dogs, cats or other household pets.
Key Natural Heritage Feature means:
Wetlands; significant portions of the habitat of endangered, rare and threatened
species; fish habitat; areas of natural and scientific interest (life science);
significant valleylands; significant woodlands; significant wildlife habitat; sand
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barrens; savannahs and tallgrass prairies as described in Section 22 of the Oak
Ridges Moraine Conservation Plan.
Laboratory means:
A building or a room where scientific or technological experiments, analyses, and
research are carried out.
Landscaped Open Space means:
That space on a lot that is not covered by buildings or structures and is used
exclusively for landscaping.
Landscaping means:
Trees, shrubs, flowers, grass or other horticultural elements, decorative
stonework, screening or other architectural elements, and may include lands that
are used as walkways and driveways and ramps that provide access on to the lot
from the street and shall not include parking areas.
Landscaping Operation means:
An establishment used for the exclusive purposes of providing landscape
contracting services, including the incidental storage of landscaping equipment,
and may include the accessory growing of plants, but shall not include a
commercial greenhouse, nursery or retail store.
Landscaping, Soft means:
That portion of a lot comprised of any combination of flowers, grass, shrubs, sod,
trees or other horticultural elements that is not covered by architectural elements
including but not limited to asphalt, buildings, brickwork, concrete, stonework or
structures.
Lane means:
A public thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation. For the
purposes of this By-law, a lane is not a public street.
Laundry Establishment means:
An establishment used for the purpose of collection and distribution of articles or
goods of fabric to be subjected to the process of cleaning, in which only water
and detergents can be used, and may include a self-service laundry component.
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Library means:
An establishment containing printed, electronic and pictorial material for public
use for purposes of study, reference and recreation as recognized by the Public
Libraries Act, R.S.O. 1990, c.P. 44, as amended.
Livestock means:
Dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals,
deer and elk, game animals, birds and any other animal raised for food, fur or
fibre.
Livestock Facility means:
A building where livestock are harboured and kept for use, propagation, or
intended profit or gain and may include associated manure storage.
Loading Space means:
An unobstructed area of land that is used for the temporary parking of one or
more commercial motor vehicles while merchandise or materials are being
loaded to or unloaded from such vehicle.
Long term care home means: A place that is licensed as a long-term care home
under the Long-Term Care Homes Act and includes a municipal home, joint
home or First Nations home.
Lot means:
A parcel of land that is registered as a legally conveyable parcel of land in the
Land Titles Registry Office.
Lot Area means:
The total horizontal area within the lot lines of a lot.
Lot Coverage means:
That percentage of the lot covered by all buildings and shall not include that
portion of such lot area that is occupied by a building or portion thereof that is
completely below grade. Lot coverage in each Zone shall be deemed to apply
only to that portion of such lot that is located within said Zone.
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Lot Depth means:
The horizontal distance between the mid-point of the front lot line and the mid-
point of the rear lot line.
Lot Frontage means:
The horizontal distance between the interior side and/or exterior side lot lines,
with such distance being measured perpendicularly to the line joining the mid-
point of the front lot line with the mid-point of the rear lot line at a point on that
line 6.0 metres from the front lot line.
In the case of a lot with no rear lot line, the point where two side lot lines intersect
shall be the point from which a line is drawn to the mid-point of the front lot line.
In the case of a corner lot with a sight triangle, the exterior side lot line shall be
deemed to extend to its hypothetical point of intersection with the extension of
the front lot line for the purposes of calculating lot frontage.
Lot Line means:
A line delineating any boundary of a lot.
Lot Line, Exterior Side means:
The lot line of a corner lot, other than the front lot line, which divides the lot from
a public street.
Lot Line, Front means:
The line that divides the lot from the public street, but, in the case of:
a)
A corner lot, the shortest of the lot lines that divides the lot from the public
street shall be deemed to be the front lot line;
b)
A corner lot where such lot lines are of equal length and where one lot line
abuts a County road or Provincial highway, the front lot line shall be
deemed to be that line which abuts the County road or Provincial highway;
c)
A corner lot where such lot lines are of equal length and where both lot
lines abut public streets under the same jurisdiction, the Corporation may
designate either streetline as the front lot line;
d)
A lot that does not abut a public street but which is separated from a
public street by a public park and which is accessed by a lane, the
shortest lot line that abuts the public park shall be deemed to be the front
lot line; and,
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e)
A through lot, the longest of the lot lines, which divides the lot from the
public streets, shall be deemed to be the front lot line. If both such lot lines
are of equal length, the Corporation may designate either streetline as the
front lot line.
Lot Line, Interior Side means:
A lot line, other than a rear lot line that does not abut a public street.
Lot Line, Rear means:
The lot line opposite to, and most distant from, the front lot line.
Lot, Corner means:
A lot at the intersection of two or more public streets or upon two parts of the
same public street with such street or streets containing an angle of not more
than 135 degrees or a lot upon which the tangents at the street extremities of the
interior side lot lines contain an angle of not more than 135 degrees. The corner
of a lot on a curved corner shall be that point on the streetline nearest the point of
intersection of the said tangents.
Lot, Interior means:
A lot that is not a corner lot or a through lot.
Lot, Through means:
A lot bounded on opposite sides by a public street. However, if the lot qualifies as
being both a corner lot and a through lot, such lot is deemed to be a corner lot for
the purposes of this By-law.
Main Building Façade Means:
a)
The exterior wall of the building on the first storey that contains the front
door to the building; or,
b)
In the case of a corner lot, the exterior wall of the building on the first
storey.
Marina means:
A building, structure or place, containing docking facilities and located on a
navigable waterway, where boats and boat accessories are stored, serviced,
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repaired and/or kept for sale and where facilities for the sale of marine fuels and
lubricants may be provided.
Medical Office means:
An establishment used for the medical, dental, surgical, and therapeutic
treatment of human beings including clinics operated by a number or variety of
medical professionals, but does not include a public or private hospital.
Micro-brewery means:
An establishment used for the small-scale production of beer and/or cider and at
which beer and/or cider may be packaged and sold for distribution, retail, or
wholesale. The establishment may include retail sales, tours, and hospitality and
tasting area, and a restaurant.
Micro Distillery means:
An establishment at which alcohol, which is a product of the fermentation or
distillation of grains, fruits or other agricultural products, is produced and at which
alcohol may be packaged and sold for distribution, retail, or wholesale. The
establishment may include retail sales, tours, and hospitality and tasting area,
and a restaurant.
Mineral Aggregate Resource Operation means:
a)
Lands under license or permit, other than for a wayside pit or quarry,
issued in accordance with the Aggregate Resources Act, or successors
thereto; and,
b)
Associated facilities used in extraction, transport, beneficiation, processing
or recycling of mineral aggregate and derived products such as asphalt
and concrete or in the production of secondary related products.
Mineral aggregate resources are gravel, sand, clay, earth, shale, stone,
limestone, dolostone, sandstone, marble, granite, rock or other material
prescribed under the Aggregate Resources Act, R.S.O. 1990, c.A.8, as
amended, suitable for construction, industrial, manufacturing and maintenance
purposes but does not include metallic ores, asbestos, graphite, kyanite, mica,
nepheline syenite, salt, talc, wollastonite, mine tailings or other material
prescribed under the Mining Act, R.S.O. 1990, c.M.14, as amended.
Miniature Golf Course means:
An establishment where the game of mini-putt is played using artificially
constructed holes.
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Minimum Distance Separation (MDS) means:
The mathematical tool to determine a recommended distance between livestock
and manure storage facilities and non-agricultural uses.
Mobile Home means:
Any dwelling that is designed to be mobile, and constructed or manufactured to
provide a permanent residence for one or more persons in accordance with
Canadian Standards Association (CSA) Z240, but does not include a park model
home, travel trailer or tent trailer or trailer otherwise designed.
Mobile Home Park means:
Land that has been provided and designed for the location of two or more
occupied mobile homes.
Model Home means:
A building that is used on a temporary basis as a sales office and/or as an
example of the type of dwelling that is for sale in a related development and
which is not occupied or used for human habitation.
Motel means:
An establishment that contains multiple rooms with no private cooking facilities
that are rented on a temporary basis to the public with each room being
accessed directly from the outside.
Motor Vehicle means:
An automobile, motorcycle, motor-assisted bicycle, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include a
street car, or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, self-propelled implement of husbandry or
road-building machine.
Motor Vehicle Body Shop means:
An establishment used for the painting, repairing of the interior, exterior, or
undercarriage of motor vehicle bodies. Motor vehicle washing establishments
are not an accessory use.
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Motor Vehicle, Commercial means:
A motor vehicle having permanently attached thereto a truck or delivery body and
includes an ambulance, hearse, casket, wagon, fire apparatus, police patrol,
motor bus and tractor used for hauling purposes on the highways and any
vehicle bearing commercial license plates.
Motor Vehicle Dealership means:
An establishment used for the sale and/or rental of new and/or used motor
vehicles and may include, as accessory uses, a motor vehicle service station and
motor vehicle body shop.
Motor Vehicle Gasoline Bar means:
An establishment where gasoline or other motor fuels and oil are kept for sale
and delivery directly into a motor vehicle, and may include an accessory retail
store, but shall not include a motor vehicle repair establishment or a motor
vehicle washing establishment.
Motor Vehicle Repair Garage means:
An establishment used for the repairing of motor vehicles, but shall not include
the sale of motor vehicle fuels or a motor vehicle body shop. Motor vehicle
washing establishments are not an accessory use.
Motor Vehicle Service Station means:
An establishment used for the sale of motor vehicle fuels and which may include
the following accessory uses: retail store, restaurant, personal service shop,
transit station, motor vehicle rental, motor vehicle repair shop and motor vehicle
washing establishment.
Motor Vehicle Washing Establishment means:
An establishment in which the mechanical or hand washing of motor vehicles is
carried out.
Mountain Biking Facility means:
An area of land with trails used by non-motorized mountain bikes and which may
include, as accessory uses, a restaurant, a club house, a retail store selling
mountain bike equipment and accessories, commercial fitness centres, a
dwelling unit for an owner/caretaker and other buildings or structures devoted to
the maintenance, administration and operation of the mountain biking facility.
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Municipality means:
The Municipality of Port Hope.
Municipal sewage services means:
A sewage works within the meaning of section 1 of the Ontario Water Resources
Act that is owned or operated by a municipality.
Municipal water services means:
A municipal drinking-water system within the meaning of section 2 of the Safe
Drinking Water Act, 2002.
Museum means:
An establishment used for the preservation of a collection of any combination of
paintings, other works of art, objects of natural history, mechanical, scientific or
philosophical inventions, instruments, models or designs and which may also
include a library, reading rooms, laboratories and accessory professional office.
Net Developable Area means:
The area of a lot or site, less any area that is within a key natural heritage feature
or a hydrologically sensitive feature.
Non-Complying means:
A building, structure or lot that does not comply with the regulation(s) of this By-
Law.
Non-Conforming means:
A use that is not a permitted use in the Zone in which the said use is situated.
Noxious use means: A use which, from its nature or operation, creates a
nuisance, or is liable to become a nuisance or offensive by the creation of noise
or vibration, or by reason of the emission of gas, fumes, dust, or objectionable
odour, or by reason of the unsightly storage of goods, wares, merchandise,
salvage, refuse matter, waste or other material.
Nursery means:
A building or part of a building and land adjacent thereto for growing, displaying
and sale of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation
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and may include, as an accessory use, the sale of goods, products and
equipment for gardening or landscaping purposes.
Opening means:
An area of a main wall that is open from the outside to the inside and which is
treated in a manner that offers a view to the inside from the outside.
Outdoor Display and Sales Area means:
An outdoor open space area where produce or merchandise is displayed or sold
and where services are provided in conjunction with a business located within a
building or structure on the same lot.
Outdoor Rooftop Patio means:
An unenclosed outdoor seating area accessory to a restaurant, micro-brewery,
micro-distillery, café or bake shop, where food and beverages are served to the
public for consumption on the outdoor rooftop patio, but excludes a night club
and any component thereof.
Outdoor Storage means:
An area of land used in conjunction with a business located within a building or
structure on the same lot, for the storage of goods and materials.
Outdoor Storage Use means:
An outdoor storage area forming the principal use of a lot, such as a motor
vehicle wrecking yard, a motor vehicle storage compound or construction
equipment or materials yard.
Park, Private means:
An open space or recreational area other than a public park, operated on a
commercial or private member basis, and which includes one or more of the
following facilities or activities:
a)
Areas for walking, horse back-riding and cross-country skiing;
b)
Recreational or playground areas such as picnic areas, tennis courts, lawn
bowling greens, outdoor skating rinks, athletic fields and accessory
buildings which may include change rooms, meeting rooms and
washrooms.
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Any area of land under the jurisdiction of a public authority that is designed
and/or maintained for active or passive recreational purposes. Without limiting
the generality of the foregoing, a park may include municipal parks and
playgrounds, golf courses, swimming pools, splash pads, sport courts, bowling
greens, arenas, boating facilities and sports fields and ancillary retail uses.
Park, Public means:
Any area of land under the jurisdiction of a public authority that is designed
and/or maintained for active or passive recreational purposes. Without limiting
the generality of the foregoing, a park may include municipal parks and
playgrounds, swimming pools, splash pads, sport courts, bowling greens, boating
facilities and sports fields and ancillary retail uses.
Parking Area means:
An open area of land not located on a public street, private street or lane that is
used for the parking of four or more motor vehicles, but shall not include any area
where motor vehicles for sale or repair are kept or stored and shall not include a
driveway that provides access to a ground oriented residential dwelling unit.
Park Model Home means:
A trailer designed for temporary human habitation having permanent running
gear attached and meeting CSA Standard Z241.
Parking Lot, Commercial means:
An area of land used for the parking of motor vehicles for a fee, with such use
forming the principal use of a lot.
Parking Space means:
An unobstructed space for the exclusive use of parking of a motor vehicle.
Patio, Restaurant means:
An outside area that is accessory to a restaurant and where food and/or
beverages are prepared and/or served in conjunction with the restaurant use.
Person means:
Any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executor or other legal
representatives of a person to whom the context can apply.
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Personal Service Shop means:
An establishment in which services involving the care of persons or their apparel
are offered and includes a barber shop, a hair dressing shop, a beauty shop, a
shoe repair establishment, a dry cleaners distribution station, photographer's
studio, tailor, travel agent, day spa, tanning salon, diet centre or similar service
establishments.
Pet grooming means:
An establishment where domestic pets are treated and/or groomed, but does not
include an animal clinic.
Place of Amusement means:
An establishment that contains facilities that offer games of skill and competition
for the amusement of the public, such as motion simulation rides, virtual reality
games, video games, computer games, laser games and similar types of uses,
but does not include casinos or any other establishment accommodating
gambling or gaming activities, wagering or betting, video lottery and gaming
machines or any other similar type of gambling use.
Place of Entertainment means:
A motion picture or live theatre, arena, auditorium, planetarium, concert hall and
other similar uses but shall not include an adult entertainment use, any use
entailing the outdoor operation or racing of animals or motorized vehicles, a
casino or any other establishment accommodating or providing gambling or
gaming activities, wagering or betting, video lottery or gaming machines, or any
other similar type of gambling use.
Place of Worship means:
A building or part of a building used by a charitable religious group(s) for the
practice of religious rites and may include accessory uses that are subordinate
and incidental to the practice of religious rites. Examples of accessory uses
include, but shall not be limited to, classrooms, assembly areas with a potential
occupancy less than the place of worship area, a kitchen, a residence for the
faith group leader and caretaker, and offices subordinate and incidental to the
principal place of worship. A place of worship does not include a cemetery, child
care centre, or private school.
Planting Strip means:
An area which shall be used for no purpose other than landscaping, including
decorative rock treatments or other required structural features, a row of trees or
Municipality of Port Hope Zoning By-law
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a continuous massing of deciduous and coniferous shrubs. The remainder of
such planting strip shall be used for no purpose other than landscaping features,
planting trees, shrubs, annuals and/or perennials, grass or similar vegetation.
Walkways and driveways accessing the lot from the street are permitted to cross
a planting strip.
Porch means:
A structure with a roof and at least one side that is open and unenclosed, that is
accessed by stairs from grade and which provides access to the first storey of a
dwelling unit.
Portable Asphalt Plant means:
A facility:
a)
With equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process; and,
b)
Which is not of permanent construction, but which is to be dismantled at
the completion of the construction project.
Portable Processing Plant means:
Equipment for the crushing, screening or washing of sand and gravel aggregate
materials, but not including a concrete batching plant or an asphalt plant, which
equipment is capable of being readily drawn or readily propelled by a motor
vehicle and which equipment is not considered permanently affixed to the site.
Power Generation Facility means:
A facility for the generation of electricity, but shall not include a solar panel or
wind turbine.
Principal building means:
A building in which the principal use(s) on the lot is conducted. For the purpose
of this By-law, a principal building shall also include a school portable.
Principal use means:
The principal purpose for which a lot is used.
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Printing or Publishing Establishment means:
An establishment wherein printing, photocopying, blue printing, duplicating,
publishing or lithography are conducted.
Privacy Area means:
An outdoor area exclusively used by the occupants of a dwelling unit but shall not
include a parking area, driveway or ingress or egress ramp.
Private Club means:
An establishment used as a meeting place by members and guests of members
of non-profit and non-commercial organizations for community, social or cultural
purposes. This definition does not include uses that are normally carried out as a
commercial enterprise.
Private Road means:
A private thoroughfare not under the jurisdiction of the Corporation, the County of
Northumberland or the Province of Ontario or created through the registration of
a plan of condominium.
Professional Office means:
An establishment where services are provided that require specialized training or
professional certification including but not limited to accountant, appraiser, attorney,
architect, landscape architect, engineer, land use planner, surveyor, stockbroker,
physician, dentist, chiropractor, massage therapist, psychologist, and optometrist.
Public Authority means:
Any Provincial, Regional or Municipal commission, board, or authority or any
quasi-public body that is controlled by a public authority such as a public transit
commission and which for the purposes of this definition include public or private
utilities which provide infrastructure for public use.
Public Use means:
Any use of land, buildings or structures by or on behalf of a public authority.
Public Works Yard means:
A facility where materials are stored in addition to the indoor and/or outdoor
storage of motor vehicles and equipment owned and operated by a public
authority and may include a professional office as an accessory use.
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Queuing Lane means:
An area of land that is used exclusively for motor vehicles whose occupants are
waiting to be provided with goods, materials or services.
Queuing Space means:
An unobstructed space for the exclusive use by a motor vehicle within a queuing
lane while awaiting service.
Recreational Trailer, Vehicle or Boat means:
Any vehicle that is suitable for being attached to a motor vehicle for the purpose
of being drawn or is self-propelled, and may be capable of being used on a short
term recreational basis for living, sleeping or eating accommodation of human
beings and includes a travel trailer, pick-up camper, motorized camper, boat
trailer, or tent trailer.
Recreational Trailer, Vehicle or Boat Sales Establishment means:
An establishment used for the sale of recreational trailers, vehicles or boats and
may include, as an accessory use, the repair and storage of recreational trailers,
vehicles or boats.
Research and Development means:
The use of buildings or structures or a portion thereof for scientific research,
investigation, testing or experimentation, but does not include facilities for the
manufacture or sale of products, except as incidental to the main purpose of the
facility.
Residential Hospice means:
A facility that provides a home-like environment where adults and children with
life-threatening illnesses receive end-of-life care services and is carried out in a
residential dwelling, but does not include a treatment centre.
Resort Establishment means:
An establishment designed for the traveling or vacationing public, and that has
facilities for accommodation and may serve meals or provide kitchen facilities
within each unit and may furnish equipment, supplies or services to persons for
recreational purposes, but does not include a camping establishment, hotel,
mobile home park or private park.
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Restaurant means:
An establishment in which the principal business is the preparation and serving
of food and refreshments to the public for consumption at tables within or outside
the building and which may include the preparation of food in a ready-to-
consume state for consumption off the premises.
Restaurant, Take-Out means:
An establishment where prepared food is primarily consumed outside of the
premises and where no more than six seats for customers are provided.
Retail Store means:
An establishment in which goods, wares, merchandise, substances, articles or
things are displayed, rented or sold directly to the general public but does not
include an any use otherwise defined in this By-law.
Retail Store, Accessory means:
A retail store accessory to a permitted non-residential use.
Retirement Home means:
Has the same meaning as in the Retirement Homes Act, 2010.
Salvage Yard means:
An area outside of an enclosed building where scrap metal and motor vehicles
are disassembled and dismantled, or where motor vehicles in an inoperable
condition or used motor vehicle parts are stored or re-sold.
Saw and/or Planing Mill means:
A building, structure or area where timber is cut, sawed or planed, either to
finished lumber, or as an intermediary step and may include facilities for the kiln
drying of lumber and may or may not include the distribution of such products on
a wholesale or retail basis.
School Portable means:
A temporary building or structure designed to serve as a classroom on a lot that
is also the site of a public school.
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School, Commercial means:
An establishment used as a school conducted for gain, including a studio of a
dancing teacher or a music teacher, an art school, a golf school, school of
calisthenics, business or trade school and any other such specialized school.
School, Private means:
An establishment used as an academic school which secures the major part of
its funding from sources other than government agencies.
School, Public means:
A building used as an academic school under the jurisdiction of a Provincially
approved educational institution or parochial school operated on a non-profit
basis.
Service Shop means:
An establishment in which the repair of household articles is primarily carried out
but shall not include shops for the repair of internal combustion engines, motor
vehicles or other similar uses.
Setback means:
The horizontal distance from a property line or defined physical feature such as a
stable top of bank measured at right angles from such line or feature to the
nearest part of any building or structure or amenity area or other component of a
use that is subject to the setback on the lot.
Shared Housing (Small Scale) means:
A dwelling unit where lodging is provided to more than two and no more than six
tenants who live as a single housekeeping unit with no more than one kitchen
and where at least 1 of the tenant-occupied rooms is equipped with an external
locking mechanism that prevents access to said room by the other house
occupants when the room is unoccupied.
Shared Housing (Large Scale) means:
A dwelling unit where lodging is provided to more than six tenants who live as a
single housekeeping unit with no more than one kitchen and where at least 1 of
the tenant-occupied rooms is equipped with an external locking mechanism that
prevents access to said room by the other house occupants when the room is
unoccupied.
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Shared Housing, Supervised (Small Scale) means:
A single detached dwelling unit occupied by not less than six and not more than
ten persons exclusive of staff and receiving family, who live as a single
housekeeping unit and require 24-hour residential, sheltered, specialized or
group care and which is licensed, approved or supervised by the Province of
Ontario under any general or special Act.
Shared Housing, supervised (Large Scale) means:
A single detached dwelling unit occupied by more than ten persons exclusive of
staff, who live as a single housekeeping unit and require 24-hour residential,
sheltered, specialized or group care and which is licensed, approved, supervised
or contracted by the Province of Ontario or the Federal Government under any
general or special Act.
Shipping Container means:
A freight container that is used for the transportation and storage of goods and
materials which are loaded onto trucks, trains or ships for the purpose of moving
goods and materials. A shipping container shall also include, but not be limited
to, the body of a transport trailer or a straight truck and any prefabricated
portable metal storage unit. For the purpose of this definition, a shipping
container does not have wheels or include a motor vehicle or a transport trailer.
Sidewalk means:
A paved area within the municipal right-of-way that is designed for use by
pedestrians.
Sight Triangle means:
The triangular space on a lot formed by two intersecting streetlines and a line
drawn from a point on one streetline across such lot to a point in the other
streetline, each such point being the required distance from the point of
intersection of the streetlines (measured along the streetlines). Where the two
street lines do not intersect at a point, the point of intersection of the streetlines
shall be deemed to be the intersection of the projection of the streetlines or the
intersection of the tangent to the streetlines.
Sign means:
Any board, plate, panel, object, surface or device upon, within, against, through
or by which there is inscribed, painted, affixed, borne, or projected any
declaration, demonstration, insignia or illustration used for the purpose of
direction, information, advertisement, promotion or identification including any
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Sign Structure related thereto, structural trim, and advertising device related
thereto.
Solar Panel means:
A device that is designed to convert the energy of the sun into electricity.
Spa Room means:
A room in a private establishment which offers patrons services such as personal
hygiene, grooming, relaxation therapy, hydro-therapy and licensed massage
therapy on a one-to-one basis.
Specialty Food Store means:
An establishment specializing in a specific type or class of foods such as an
appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods.
Stable Top of Bank means:
The line which defines the transition between tableland and sloping ground at the
crest of a slope associated with a watercourse, as determined by an approved
Geotechnical Study or by the appropriate Conservation Authority.
Storage Container means:
Any portable device that is open or closed, in which a material can be stored,
handled, treated, transported, recycled or disposed of.
Storey means:
That portion of a building between the surface of a floor and the floor, ceiling or
roof immediately above.
Storey, First means:
The storey with its floor closest to established grade and having its ceiling more
than 1.8 metres above grade.
Street, Private means:
A private right-of-way that is used by motor vehicles but is not owned by the
Municipality or any other public authority.
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Street, Public means:
A roadway owned and maintained by a public authority and for the purposes of
this By-law does not include a lane or any private street.
Streetline means:
The limit of a road allowance and is the dividing line between a lot and a street.
Structure means:
Anything that is erected, built or constructed of parts joined together and
attached or fixed permanently to the ground or any other structure.
For the purpose of this By-law, a fence that has a height of 1.8 metres or less, a
retaining wall that has a height of 1.0 metre or less, a light standard and a sign
shall be deemed not to be structures.
Studio means:
An establishment or part thereof used as a working place for the creation of
paintings, sculptures, pottery, video and other pictures or objects that are the
subject of art.
Supermarket means:
An establishment, containing a complete departmentalized food store selling a
comprehensive line of groceries, baked goods, fresh fruit and vegetables,
canned goods, dairy products, frozen foods, and fresh and frozen meats. Other
lines may include confectionary, drugs and cosmetics, household supplies and
articles, hardware, commercial service uses such as dry cleaning and financial
services, and a seasonal garden centre.
Swimming Pool Pumps, Filters and Heaters means:
The equipment necessary to operate an outdoor swimming pool.
Swimming Pool, Outdoor means:
Any privately owned body of water located outdoors, contained in part or in whole
by artificial means, in which the depth of water of any point can exceed 0.6
metres and which is used or capable of being used for swimming, diving or
bathing.
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Taxi Service Depot/Dispatch Establishment means:
An establishment where taxi's and/or limousine taxis are dispatched from and
where such vehicles may be parked and/or stored.
Theatre means:
An establishment that is used for the showing of motion pictures or for dramatic,
musical or live performances. For the purposes of this definition, an adult
entertainment establishment is not considered to be a theatre.
Trade and Convention Centre means:
An establishment where facilities are provided for the displaying of goods and
services for the general public, such as an auto show or a computer trade show
or where groups of people meet for civic, educational, political, religious or social
purposes.
Trailer means:
Any vehicle so constructed that it is suitable for being attached to a motor vehicle
for the purpose of being drawn or propelled by the motor vehicle and is capable
of being used for the transport of goods, materials, equipment or livestock
notwithstanding that such vehicle is jacked up or that its running gear is removed.
Trailer, Tourist means:
A trailer capable of being used for the temporary living, sleeping or eating
accommodation of persons notwithstanding that its running gear is or may be
removed.
Transit Station means:
A building or structure or parts thereof or an area of land that is used for
temporary parking of transit vehicles and the picking-up and dropping off of
passengers.
Transport Terminal means:
The use of land for the purpose of storing, servicing, washing, repairing or
loading of trucks and transport trailers with materials or goods that are not
manufactured, assembled, warehoused, or processed on the same lot, but does
not include a waste transfer facility.
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Treatment Centre means:
A single detached dwelling which is occupied by not more than 20 persons
exclusive of staff, who live as a single housekeeping unit, and require 24-hour
residential, sheltered, specialized or group care, and treatment and rehabilitation
for addiction to drugs or alcohol.
Unitary Equipment means:
Any apparatus used for the purpose of heating, cooling, changing of air,
refrigeration, pumping or filtering of water or any other equipment used for these
purposes, except for an air conditioning unit located in a window opening.
Use means:
The purpose for which any portion of a lot, building or structure is designed,
arranged, intended, occupied or maintained.
Warehouse means:
An establishment which is used primarily for the housing, storage, adapting for
sale, packaging or wholesale distribution of goods, wares, merchandise, food
stuff substances and articles.
Waste Composting Facility means:
a)
Any land upon, into, in or through which, or building or structure in which
organic waste that is to be diverted from landfill is deposited, stored,
processed and recycled into compost; and,
b)
Any operation carried out or machinery or equipment used in connection
with the depositing, storage, transfer, processing or recycling referred to in
clause (a).
Waste Management Facility means:
a)
Any land upon, into, in or through which, or building or structure in which,
waste is deposited, disposed of, handled, stored, transferred, treated or
processed; and,
b)
Any operation carried out or machinery or equipment used in connection
with the depositing, disposal, handling, storage, transfer, treatment or
processing referred to in clause (a).
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Such a facility shall require an environmental assessment under the
Environmental Assessment Act, R.S.O. 1990, c.E.18 as amended (Ontario) or
the Canadian Environmental Assessment Act, 1992 c.37, as amended (Canada).
Waste Recycling Facility means:
The use of land, buildings or structures for the collection and processing of
materials such as paper, plastic, glass, metal, styrofoam and other similar
materials for recycling, but shall not include a waste composting facility or waste
transfer facility.
Waste Storage Area means:
A space allocated either within a main building or in an accessory building or
structure where garbage, refuse or recycling materials are temporarily stored
while awaiting disposal, but does not include any storage for hazardous waste or
materials.
Waste Transfer Facility means:
The use of land, buildings and structures for the collection of waste into bulk
containers for the further transport to a waste management facility, waste
composting facility, waste recycling facility or other waste disposal facility.
Watercourse means:
A body of water or the natural channel for a perennial stream of water.
Wayside Pit or Quarry means:
A temporary pit or quarry opened and used by or for a public authority solely for
purpose of a particular project or contract of road construction and which is not
located within the right-of-way of a public street.
Wellhead Protection Area means:
The surface and subsurface area surrounding a water well or well field that
supplies a public water system and through which contaminants are reasonably
likely to move so as eventually to reach the water well or well field.
Yard means:
An open, uncovered space on a lot appurtenant to a building and unoccupied by
buildings or structures except as specifically permitted in this By-law.
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Yard, Exterior Side means:
The yard of a corner lot extending from the front yard to the rear yard between
the exterior side lot line and the nearest main walls of the main building or
structure on the lot.
Yard, Front means:
A yard extending across the full width of the lot between the front lot line and the
nearest main walls of the main building or structure on the lot.
Yard, Interior Side means:
A yard other than an exterior side yard that extends from the front yard to the
rear yard between the interior side lot line and the nearest main walls of the main
building or structure on the lot.
Yard, Minimum Required means:
The minimum distance of a yard required from a lot line. No part of a required
minimum yard for a building or structure shall be included as part of a required
minimum yard for another building or structure. In calculating minimum required
yards, the minimum horizontal distance from the respective lot lines shall be
used.
Yard, Rear means:
A yard extending across the full width of the lot between the rear lot line and the
nearest main walls of the main building or structure on the lot.
Zone means:
A designated area of land use(s) shown on the Zoning Schedules of this By-law.
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PART 4 - GENERAL PROVISIONS
The provisions of this section of the By-law shall apply to all lands within the
Municipality of Port Hope, unless otherwise specified.
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
All accessory buildings, structures and uses are subject to the following
provisions:
a)
Where this By-law provides that land may be used or a
building or structure may be erected or used for a purpose,
that purpose shall include any accessory buildings,
structures or uses located on the same lot as the principal
use to which they are related.
b)
No accessory building or structure shall be used for human
habitation or an occupation for gain or profit, except if
specifically permitted by this By-law.
c)
No accessory building or structure shall be erected on a lot
prior to the erection of the main building on the lot.
d)
No accessory building or structure or part thereof shall be
located within an easement that is in favour of a public
authority.
e)
For the purpose of setback calculations, natural gas or
electricity meters and unitary equipment, dog houses,
freestanding mail boxes, entrance pillars, statues, storage
lockers under 1.0 metres high, freestanding arbours or
pergolas, pool pumps and filters not inside accessory
buildings, flag poles, free standing trellises, school bus
shelters, composters, planters, light standards, decks,
porches, freestanding gazebos that have a floor area of 15
m2 or less and barbeques are not considered structures for
the determination of setbacks in Section 4.1 of this By-law.
f)
Standards for accessory buildings and structures are set out
in Tables 4.1 and 4.2, below:
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Table 4.1: Provisions for Urban Residential, Commercial, Employment and
Institutional Zones
RES1, RES2, RES3,
RES4
COM1, COM2, COM3,
COM4, EMP1, EMP2,
EMPR
IU
Permitted yards
Interior Side, Exterior Side
and Rear
Interior Side, Exterior Side
and Rear
Interior Side, Exterior
Side and Rear
Setback from
front lot line
Not permitted any closer
to front lot line than main
building from front lot line.
Not permitted any closer to
front lot line than main
building from front lot line.
Not permitted any closer
to front lot line than main
building from front lot
line.
Setback from
exterior side lot
line
Not permitted any closer
to exterior lot line than
main building from
exterior lot line.
Notwithstanding the
above, a detached private
garage in the rear yard
shall not be located any
closer than 5.5 metres
from the exterior side lot
line.
Not permitted any closer to
exterior lot line than main
building from exterior lot
line.
Not permitted any closer
to exterior lot line than
main building from
exterior lot line.
Minimum
required
setback from
interior side
and rear lot line
1.2 metres
1.2 metres
1.2 metres
Maximum
height for
detached
private garage
5.0 metres
n/a
n/a
Maximum
height for all
other
accessory
buildings and
structures (1)
4.0 metres
4.0 metres
4.0 metres
Maximum lot
coverage for
any accessory
buildings and
structures
10% of the lot area
n/a
10% of the lot area
Maximum
number of
accessory
buildings and
structures per
lot
1 private garage/carport
and 1 accessory building
or structure
2
2
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Table 4.2: Provisions for Countryside and Open Space Zones
Countryside
Zones
RESV1,
RESV2, RESR,
RESE
COMR, COMV,
EMPR, EMPD,
EMPG
OS, OSR
Permitted yards
Interior and
Rear
Interior and Rear
Interior and Rear
Interior and
Rear
Minimum required
setback from front
or exterior side lot
line
Not permitted
in minimum
required yard
for main
building (2)
Not permitted any
closer to front lot
line than the main
building from front
lot line. (2)
Not permitted in
minimum required
yard for main
building (2)
Not permitted
any closer to
front lot line than
the main
building from
front lot line. (2)
Minimum required
setback from
interior side and
rear lot line
1.2 metres
increased to 7.5
metres adjacent
to a
Residential,
Commercial or
Employment
Zone boundary
1.2 metres
3.0 metres
3.0 metres
Maximum height
for detached
private garage
5.0 metres
5.0 metres
n/a
n/a
Maximum height
for all other
accessory
buildings and
structures (Shall
not apply to
buildings used for
livestock,
agricultural
machinery and
agricultural
products such as
hay)
5.0 metres (1)
5.0 metres
n/a
n/a
Maximum lot
coverage for all
accessory
buildings and
structures (4)
5% of the lot
area (1)(3)
5% of the lot area
n/a
n/a
SPECIAL PROVISIONS
1.
Shall not include buildings used for livestock, agricultural machinery
and agricultural products such as hay.
2.
An accessory structure or building may be located closer to the front lot
line than the principal building, provided they meet the setback
requirements of the principal building.
3.
Maximum lot coverage increased to 7.5% of the lot area when a
property has a lot area less than 1.0 ha.
4.
For the purposes of this provision, decks, porches and freestanding
gazeboes that have a floor area of 15m2 or less are not included in the
calculation of lot coverage.
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4.1.1
Private Garages
In addition to those provisions in Tables 4.1 and 4.2, the following provisions
shall also apply to private garages or carports associated with single detached,
semi-detached and street townhouse dwellings in Residential Zones on lots with
less than 15.0 metres of lot frontage:
a) No part of a private garage or carport that is attached to a dwelling shall
be closer to the front lot line than the main building except for the
following:
i)
Where the building has a covered porch the private
garage or carport may extend 2.0 metres beyond the
main building facade provided that the private garage
or carport is not closer to the front lot line than the
porch, excluding the steps accessing the porch.
b) Where a private garage or carport is accessed from a lane, it shall be set
back between 0.3 and 0.6 metres from the lot line dividing the lot from the
lane.
c) The minimum width for a private garage or carport, measured between the
inside of the walls or columns, shall be 3.0 metres.
d) The maximum width for a private garage or carport, measured between
the outside of the walls or the columns facing a front lot line, shall be 60%
of the lot frontage or 12.0 metres, whichever is less.
4.1.2
Gatehouses and Parking Shelters
The following provisions shall also apply to gatehouses and parking shelters:
a)
Notwithstanding any other provision of this By-law, a
gatehouse not exceeding 10.0 square metres in floor area
shall be permitted in any part of a front or exterior side yard
in a High Density Residential (RES4) Zone or any
Employment Zone.
b)
Nothing in this By-law shall apply to prevent the erection of a
parking shelter for use solely by parking attendants or
security personnel in any part of a parking area except within
a sight triangle, provided that such parking shelter does not
exceed 4.5 metres in height and 5.0 square metres in gross
floor area.
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4.1.3
Shipping Containers
a)
Shipping containers and trailers shall not be placed or used
on any lot in a Residential or Service Employment (EMP2)
Zone and shall only be located on a lot as an accessory
structure used in conjunction with a permitted agricultural
use or transport terminal.
b)
The placement of a shipping container on a lot is permitted
in a Commercial Zone, subject to the following provisions:
i)
The shipping container shall be located no closer to
a Residential Zone boundary than what is required
for the principal building from that same Residential
Zone boundary;
ii)
The shipping container is permitted to locate in a
rear or interior side yard; and
iii)
The shipping container shall be screened from view.
4.1.4
Unitary Equipment
Unitary equipment shall be subject to the following requirements:
a)
Unitary equipment is not permitted in the front yard unless
accessory buildings are permitted in the front yard by this
By-law
4.1.5
Waste Storage Areas
Accessory waste storage areas are permitted in all zones, provided that:
a)
Where such a standard applies, an accessory building or
structure used mainly as a waste storage area shall not be
included in the total permitted lot coverage for accessory
buildings and/or structures on a lot: and,
b)
An accessory building containing a waste storage area shall
be located:
i)
In an interior side yard or rear yard only;
ii)
No closer to any lot line than required for an
accessory building or structure by this By-law;
Municipality of Port Hope Zoning By-law
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iii)
No closer to any Residential Zone boundary than
required for an accessory building in a non-
Residential Zone by this By-law;
iv)
No closer to any Open Space or Environmental Zone
boundary than required for an accessory building by
this By-law;
v)
Outside of any required landscaped area or
landscaped buffer; and,
vi)
Shall not occupy any required parking spaces, loading
spaces access to parking spaces and loading spaces
or driveways.
4.1.6
Recreational Structures
Outdoor swimming pools and hot tubs are permitted in accordance with Tables
4.1 and 4.2, except that no part of any outdoor swimming pool or hot tub shall be
permitted within any required yard. For the purposes of this Section, setbacks
shall be measured to the water's edge.
4.2
ADDITIONAL RESIDENTIAL UNITS
4.2.1.1
General Provisions
Where an additional residential unit is permitted by this By-law, the following
provisions, in addition to those in Section 4.2.1.2 and 4.2.1.3, shall apply:
a)
An additional residential unit shall only be permitted on a lot
containing a single detached dwelling, semi-detached
dwelling or street townhouse dwelling.
b)
The addition of a new driveway to access an additional
residential unit and which crosses the same streetline as an
existing driveway on a lot is subject to Section 5.5.3.2.
c)
Where only one (1) additional residential unit is permitted, the
additional residential unit shall only be permitted within the
same building as the primary dwelling unit on the lot.
d)
Where two (2) additional residential units are permitted on a
lot, such additional residential units may be located as
follows:
i)
One (1) additional residential unit within the same
building as the primary dwelling unit on the lot and
one (1) additional residential unit in a detached
accessory building located on the same lot as the
primary dwelling unit; or,
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ii)
Two (2) additional residential units within the same
building as the primary dwelling unit in which case, an
additional residential unit in a detached accessory
building shall not be permitted.
In no case, shall two (2) additional residential units be
permitted in a detached accessory building.
e)
A building on a residential lot that is divided into a primary
dwelling unit and an additional residential unit(s) shall not
constitute any other type of dwelling unit otherwise defined in
this By-law.
f)
A maximum of two (2) bedrooms shall be permitted in an
additional residential unit.
g)
An additional residential unit shall only be permitted on a lot
that satisfies Section 4.10 (Frontage on a Public Street) of
this By-law.
h)
Where municipal services are available, both the primary
dwelling unit and the additional residential unit(s) on the
same lot shall be connected to municipal water and sewer
services of adequate size.
i)
An additional residential unit shall not be permitted:
i)
On lands within the Environmental Protection -
Floodplain (EP-F) Overlay Zone or in a floodplain as
identified by the Conservation Authority; and,
ii)
On a lot containing shared housing (small scale),
garden suite, bed and breakfast establishment, farm
vacation home, shared housing, supervised (small
scale), shared housing, supervised (large scale) or
farm employee accommodation.
j)
Parking for an additional residential unit(s) shall be provided
in accordance with the requirements of Section 5.6
(Residential Parking Requirements) of this By-law.
k)
Required off-street parking spaces may be arranged in
tandem in conjunction with the required parking spaces for
the primary dwelling unit.
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l)
An additional residential unit in a detached accessory
building is not permitted to have a basement or other
habitable living space below grade.
m)
A clear path suitable for pedestrian use with a minimum
width of 1.2 metres shall be provided from the streetline to
the entrance of an additional residential unit that is contained
within a detached accessory building.
n)
If an additional residential unit is within the Hamlet
Residential One and Two (RESV1 and RESV2), Rural
Residential (RESR), and Estate Residential (RESE) Zones:
i)
The minimum lot area shall be 0.4 hectares;
ii)
The additional residential unit shall be serviced by the
same well serving the primary dwelling unit on the lot;
and
iii)
Notwithstanding Section 4.2.1.1 b), two (2) additional
residential units are permitted within the same
building as the primary dwelling unit on the lot or one
(1) additional residential unit within the same building
as the primary dwelling unit and one (1) additional
residential unit within a detached accessory building.
If located within an accessory building, no part of the
additional residential unit shall be located further than
40 metres from the principal building.
o)
If an additional residential unit is within the Agricultural (A)
and Rural (RU) Zones:
i)
The minimum lot area shall be 0.4 hectares;
ii)
The additional residential unit shall be serviced by the
same well serving the primary dwelling unit on the lot;
iii)
Notwithstanding Section 4.2.1.1 b), two (2) additional
residential units are permitted within the same
building as the primary dwelling unit on the lot or one
(1) additional residential unit is permitted within the
same building as the primary dwelling unit on the lot
and one (1) additional residential unit within a
detached accessory building provided the whole of
the detached accessory building is located within 40
metres of the building containing the primary dwelling
unit; and
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iv)
If the additional residential unit is in a detached
accessory building on the lot that was created after
March 1, 2017, the provisions of Section 4.14 dealing
with minimum distance separation apply.
p)
If an additional residential unit is within the Oak Ridges
Moraine - Rural (ORM-RU) and Oak Ridges Moraine - Rural
Settlement (ORM-RS) Zones:
i)
The minimum lot area shall be 0.4 hectares;
ii)
The additional residential unit shall be serviced by the
same well serving the primary dwelling unit on the lot;
and
iii)
A total of one (1) additional residential unit is
permitted and only within the same building as the
primary dwelling unit on the lot.
4.2.1.2
Additional Residential Units Within the Same Building
as the Primary Dwelling Unit on the Lot
Where an additional residential unit(s) is within the same
building as the primary dwelling unit, the following additional
provisions shall apply:
a)
The additional residential unit(s) shall be located
entirely within the same building as the primary
dwelling unit.
b)
A maximum of one entrance to the principal building
shall be permitted along each public street.
c)
The maximum gross floor area of the additional
residential unit(s) may not singularly or cumulatively
exceed 50% of the gross floor area of the primary
dwelling unit. Notwithstanding the above, if an
additional residential unit is located in the basement,
such additional residential unit may occupy the entire
basement. In no case shall more than one (1)
additional residential unit be located in a basement.
d)
Where direct access to the additional residential unit
is provided from the interior side yard, the entrance to
the additional residential unit is required to be a
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minimum of 1.2 metres from the interior side lot line
and no stairs accessing the additional residential unit
are permitted within 1.2 metres from the interior side
lot line.
4.2.1.3
Additional Residential Unit in a Detached Accessory
Building in any Residential Zone
Where an additional residential unit is within a detached
accessory building to a primary dwelling unit in any
Residential Zone, the following additional provisions shall
apply:
a)
The provisions in Section 4.1 (Accessory Buildings,
Structures and Uses) apply except where modified by
Sections 4.2.1.1 and 4.2.1.3.
b)
The maximum gross floor area of the additional
residential unit within a detached accessory building
shall not exceed 50% of the gross floor area of the
primary dwelling unit but in no case can occupy more
than 50% of the rear yard and have a floor area that is
greater than 70 m2.
c)
A detached accessory building containing an additional
residential unit shall be setback no further than 40
metres from the public street that is relied upon for
access.
d)
An
accessory
building
containing
an
additional
residential unit shall not exceed the height of the
principal building or 5 metres, whichever is less.
4.2.1.4
Additional Residential Unit in a Detached Accessory
Building in all other zones where permitted except in
any Residential Zone
Where an additional residential unit is within a detached
accessory building to a primary dwelling unit in any zone
except in any Residential Zone, the following additional
provisions shall apply:
a)
The provisions in Section 4.2 (Accessory Buildings,
Structures and Uses) apply except where modified by
Sections 4.2.1.1 and 4.2.1.4.
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b)
The maximum gross floor area of the additional
residential unit within a detached accessory building
shall not exceed 50% of the gross floor area of the
primary dwelling unit but in no case can be larger than
80 m2.
c)
An
accessory
building
containing
an
additional
residential unit shall not exceed the height of the
principal building or 5 metres, whichever is less.
4.2.2
Accessory Dwelling Units in Commercial Zones
Where an accessory dwelling unit is permitted in a Commercial
Zone in this By-law:
a)
The maximum number of accessory dwelling units permitted
on a lot shall be 1, except in the Downtown Commercial
(COM3) Zone, where there is no maximum;
b)
The portion of floor area within the first storey of a building
and within 12.0 metres of any streetline is used for
commercial purposes.
Notwithstanding
the
above,
entrances
and
lobbies
associated with the accessory dwelling may be located in
this area provided that no more than 30% of the wall facing
the streetline is occupied by entrances or lobbies; and,
c)
No dwelling unit shall be located within a portion of a non-
residential building that is used:
i)
To house livestock;
ii)
As part of a bulk fuel storage operation or any
premises that has flammable fluids or hazardous
materials stored in bulk for commercial purposes;
iii)
For a motor vehicle body shop;
iv)
For a motor vehicle gasoline bar;
v)
For a motor vehicle repair garage;
vi)
For a motor vehicle sales and/or rental establishment;
or,
vii)
For a motor vehicle service station.
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4.3
FARM EMPLOYEE ACCOMMODATION
Where farm employee accommodation is a permitted use:
a)
Any lot upon which farm employee accommodation is
located shall be occupied as a residence by the operator of
the business;
b)
Any building and any associated activity area used for the
farm employee accommodation shall be located no further
than 30.0 metres from a single detached dwelling or barn on
the same lot and no closer than 15.0 metres from any lot
line;
c)
Buildings or structures for farm employee accommodation
shall only be located on a lot with a minimum lot area of least
40.0 hectares;
d)
The maximum gross floor area for farm employee
accommodation shall be 80.0 square metres;
e)
The driveway accessing the farm employee accommodation
shall be shared with the driveway that is utilized for the
principal use on the lot; and,
f)
The use is clearly secondary and accessory to the principal
use on the same lot.
4.4
COMMUNICATION DISHES
No communication dish shall have a diameter of greater than 1.3 metres and
shall not be more than 1.3 metres wide at its widest point. In addition, all
communication dishes shall be attached to the main building on the lot.
Notwithstanding the above, there are no restrictions on the size or location of a
communication dish in any Employment Zone, or Countryside Zone, except that
they are not permitted in a required yard.
4.5
DECKS
4.5.1
Decks That Have a Height of Less Than 0.6 Metres
A deck that has an average floor height of less than 0.6 metre above the ground
at the wall the deck is located against or attached to shall be permitted to
encroach into the required rear and interior side yards, provided that:
a)
The deck is located no closer to the interior and exterior side
lot line than the interior and exterior side yard requirement
for the main building; and,
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b)
The deck is located no closer than 1.0 metre from the rear
lot line.
Notwithstanding the above provisions, stairs used to access a deck are permitted
to encroach within 0.8 metres of any lot line.
4.5.2
Decks That Have a Height of 0.6 Metres or Greater
A deck that has a floor height of 0.6 metres or greater above the ground at the
wall the deck is located against or attached to shall be permitted to encroach into
the required rear yard, provided that:
a)
The deck shall be located no closer than 3.0 metres to the
rear lot line;
b)
The deck shall be located no closer to the interior side lot
line than the interior side yard requirement for the main
building; and,
c)
The deck shall be located no closer to the exterior side lot
line than the exterior side yard requirement for the main
building.
Notwithstanding the above provisions, stairs used to access a deck are permitted
to encroach within 0.8 metres of any lot line.
4.6
DWELLING UNITS BELOW GRADE
A dwelling unit may be permitted below finished grade provided that the finished
floor level of the dwelling unit is not more than 1.2 metres below the highest
finished grade level immediately adjacent to the dwelling unit.
4.7
DWELLING UNITS ON A LOT
Unless otherwise permitted in this By-law, no more than one dwelling unit shall
be permitted on any lot.
4.8
ENCROACHMENT OF ARCHITECTURAL FEATURES
a)
Architectural features such as sills, belt courses, cornices,
chimney breasts, pilasters, roof overhangs, window bays
and balconies are permitted to encroach into any required
yard a distance of no more than 0.6 metres, but in no case
shall the architectural feature or balcony be located closer
than 0.6 metres to any lot line.
b)
There is no restriction on the location of gutters,
eavestroughs or rainwater collectors.
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c)
If a window bay encroaches into a required interior or rear
yard in accordance with Section 4.8(a), it shall be
cantilevered over grade and extend no more than 1.0 metre
into the required yard and be no more than 3.0 metres wide.
d)
If a window bay encroaches into the required front or exterior
side yard in accordance with Section 4.8(a), the window bay
is not required to be cantilevered and it can encroach into
such yard a distance of 1.0 metre, provided it is no more
than 3.0 metres wide. The width of the window bay can be
increased to 4.0 metres if a porch does not abut the main
wall of the dwelling unit.
e)
Stairs accessing a basement or cellar are not permitted to
encroach into the required front, exterior and interior side
yards.
4.9
ESTABLISHED BUILDING LINES
4.9.1
Reduced Front Yard
Notwithstanding any other provision of this By-law, where a vacant
lot exists between two developed lots, with the main building on
one or both of the developed lots having a front yard less than the
minimum required front yard for the applicable zone, the required
front yard of the vacant lot is permitted to be the average of the
front yards of the two developed lots.
4.9.2
Increased Front Yard
Notwithstanding any other provision of this By-law, where a vacant
lot exists between two developed lots, with the main building on
both of the developed lots having a front yard greater than the
minimum required front yard for the applicable zone, the minimum
required front yard of the vacant lot shall be the average of the front
yards of the two developed lots.
4.10
FRONTAGE ON A PUBLIC STREET
Unless otherwise specified by this By-law, no person shall erect any building or
structure and no person shall use any building or structure, lot or parcel unless
the lot or parcel to be so used, or upon which the building is situated or erected
or proposed to be erected:
a)
Abuts or fronts on a street which is assumed by by-law by a
public authority for maintenance purposes; or,
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b)
Is being constructed pursuant to a Subdivision Agreement
with a public authority; or,
c)
Fronts on a year round maintained public street that was not
established as a consequence of Registering a Plan of
Subdivision; or,
d)
Is a private street within a Plan of condominium that either
provides direct access to a public street or which connects
with other private streets within a Plan of Condominium or
other Plans of Condominium to access a public street or
original road allowance.
For the purposes of this By-law, the front lot line of a lot separated from a public
street by a reserve or a Block of land owned by a public authority shall be
deemed to abut such a public street.
4.11
HEIGHT EXCEPTIONS
The height requirements of this By-law shall not apply to:
a)
Any ornamental roof construction features including but not
limited to domes, chimneys, towers, steeples, spires,
belfries, cupolas or any architectural structure used to
screen mechanical equipment;
b)
Any mechanical features, such as structures containing a
mechanical penthouse or the equipment necessary to
control an elevator provided that such equipment does not
project more than 5.0 metres above the highest point of the
roof and does not occupy greater than 50% of the area of
the roof;
c)
A lightning rod;
d)
A weather vane or other weather monitoring device;
e)
A fire station drying tower;
f)
Mineral aggregate resource operations;
g)
Buildings and structures associated with a public works yard;
h)
Clock towers and monuments;
i)
Flagpoles and light standards;
j)
Agricultural buildings and structures; and,
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k)
Towers used for telecommunications, electricity transmission
lines or water storage tanks.
4.12
HOME INDUSTRY
Where a home industry is a permitted use:
a)
The maximum number of employees permitted to be
engaged in the business and working in the home industry,
in addition to the residents of the dwelling unit, shall be as
follows:
i)
On lots less than or equal to 0.6 hectares in area - 1
employee;
ii)
On lots having an area of greater than 0.6 hectares
and less than or equal to 1.7 hectares - 2 employees;
iii)
On lots greater than 1.7 hectares in area - 3
employees; or,
iv)
In all other Zones - 0 employees;
b)
Any lot upon which a home industry is located shall also be
occupied as a residence by the operator of the business;
c)
A home industry shall be permitted within an accessory
building. Any accessory building used for the home industry
shall be located no further than 30.0 metres from the
detached dwelling on the same lot and no closer than 30.0
metres from any lot line;
d)
A home industry shall only be located on a lot with a
minimum lot area of least 4.0 hectares;
e)
The maximum gross floor area dedicated to the home
industry shall not exceed 200.0 square metres;
f)
The driveway accessing the home industry shall be shared
with the driveway that is utilized for the principal use on the
lot;
g)
The use shall be clearly secondary and accessory to the
principal use on the same lot;
h)
Only the sale of goods that are primarily manufactured,
processed, fabricated or produced on the premises is
permitted;
i)
Outdoor storage of goods or materials is permitted subject to
Section 4.23 of this By-law, provided that the area occupied
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by such outdoor storage does not exceed 50% of the gross
floor area of the home industry;
j)
Only currently licensed motor vehicles, associated with the
home industry, are parked or stored on the lot and within an
interior side or rear yard;
k)
There is no external advertising other than a sign erected in
accordance with the Municipality's Sign By-law;
l)
The following uses shall not be permitted as a home
industry:
i)
Construction/landscaping contractors yards; and,
ii)
Any use involving the storage, repair, maintenance,
painting
and/or
towing
of
motor
vehicles
or
recreational vehicles; and,
m)
Home industry uses shall not include the generation of or
storage of hazardous waste, liquid industrial waste, or any
severely toxic contaminant listed in Schedule 3 contaminants
of Ontario Regulation 347 of the Environmental Protection
Act, R.S.O. 1990, c.E.19, as amended, and shall not
generate sewage effluent in excess of 4,500 litres per day.
No more than one home industry, home occupation or custom workshop shall be
permitted on a lot, and in no case shall there be a home industry, home
occupation and custom workshop in the same dwelling unit.
4.13
HOME OCCUPATION AND CUSTOM WORKSHOP
Where a home occupation or custom workshop is a permitted use:
a)
A home occupation or custom workshop shall be conducted
as an indoor accessory use within a permitted dwelling unit
or an accessory building or structure without changing the
primary residential character thereof;
b)
The maximum number of employees that may be engaged in
the business and working in the dwelling unit or an
accessory building or structure, in addition to the residents of
the dwelling unit, shall be as follows:
i)
In the Low Density Residential One (RES1), Low
Density Residential Two (RES2), Hamlet Residential
One (RESV1), Hamlet Residential Two (RESV2), or
Rural Residential (RESR) Zone, as well as any
Countryside Zone or the Estate Residential (RESE)
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Zones on lots less than or equal to 0.6 hectares in
area - 1 employee;
ii)
In any Countryside Zone or the Estate Residential
(RESE) Zones on lots having an area of greater than
0.6 hectares and less than or equal to 1.7 hectares -
2 employees;
iii)
In any Countryside Zone or the Estate Residential
(RESE) Zones on lots greater than 1.7 hectares in
area - 3 employees; or,
iv)
In all other Zones - 0 employees.
c)
Any dwelling unit containing a home occupation or custom
workshop shall be occupied as a residence by the operator
of the business;
d)
The home occupation or custom workshop is not conducted
in whole or in part in any yard, driveway or required parking
space;
e)
The maximum gross floor area dedicated to the home
occupation or a custom workshop shall be in accordance
with the maximums identified in Table 4.3, below:
Table 4.3: Maximum Floor Area for a Home Occupation or
Custom Workshop
Zones
Maximum Gross Floor Area (GFA)
Conducted
within the
dwelling unit
Conducted
within an
accessory
building
-
RES1
-
RES2
25% GFA
10% of the lot area
-
RESV1
-
RESV2
-
RESR
-
Any Countryside Zone and RESE
on lots less than or equal to 0.6
hectares in area
25% GFA
50.0 m2
-
-
-
Any Countryside Zone and RESE
on lots having an area of greater
than 0.6 hectares and less than
or equal to 1.7 hectares
25% GFA
100.0 m2
Any Countryside Zone and RESE
on lots greater than 1.7 hectares
in area
25% GFA
140.0 m2
All other Zones, where permitted
25% GFA
Not permitted
Note: Floor area in basement or cellar not to be included within calculation
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f)
There are no goods, wares or merchandise offered or
exposed for sale, or sold or kept for sale on the premises
other than those produced on the premises;
g)
There is no outside storage of materials, goods or vehicles in
conjunction with the home occupation use;
h)
There is no external advertising other than a sign erected in
accordance with the Municipality's Sign By-law;
i)
There is no parking of commercial motor vehicles permitted,
only one commercial motor vehicle trip shall be generated
per day and no commercial motor vehicle shall visit the
property between the hours of 8:00 pm and 8:00 am;
j)
A custom workshop shall not create noise, vibration, fumes,
odour, dust, glare or radiation that is detectable outside of
the dwelling unit or accessory building containing the custom
workshop;
k)
The following uses shall not be permitted as a home
occupation or custom workshop:
i)
Adult entertainment use;
ii)
Animal clinic;
iii)
Construction/landscaping contractor's yards;
iv)
Dating/escort services;
v)
Industrial use;
vi)
Kennel;
vii)
Medical office;
viii)
Long term care home;
ix
Pet grooming or dog or other pet daycare;
ix)
Place of amusement;
x)
Restaurant;
xi)
Retail store;
xiii)
Taxi service depot/dispatch establishments; and,
xiv)
Any use involving the storage, repair, maintenance,
painting
and/or
towing
of
motor
vehicles
or
recreational vehicles.
No more than one home industry, home occupation or custom workshop shall be
permitted on a lot, and in no case shall there be a home industry, home
occupation and custom workshop in the same dwelling unit.
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4.14
MINIMUM DISTANCE SEPARATION
Notwithstanding any other yard or setback provisions in this By-law to the
contrary no residential, institutional, commercial, industrial or recreational use
located on a separate lot and otherwise permitted by this By-law shall be erected
or altered unless it complies with the Minimum Distance Separation (MDS I)
Formula as developed by the Ontario Ministry of Agriculture and Rural Affairs,
attached as Schedule 'D' to this By-law.
Notwithstanding any other yard or setback provision in this By-law to the contrary
no building housing livestock or manure handling facility shall be erected or
expanded unless it complies with the Minimum Distance Separation (MDS II)
Formula as developed by the Ontario Ministry of Agriculture and Rural Affairs,
attached as Schedule 'D' to this By-law.
4.15
MODEL HOMES
Model homes shall only be permitted on lands that have received Draft Plan of
Subdivision Approval for residential purposes provided that:
a)
Not more than the lesser of 8 or 10% of the total number of
residential units contained in the draft approved Plan of
Subdivision are constructed as model homes;
b)
The model home is built within a lot defined by the draft
approved Plan of Subdivision;
c)
The model home complies with all other requirements of this
By-law; and,
d)
A Model Home Agreement is entered into with the
Municipality.
4.16
MULTIPLE USES ON A LOT
a)
Where any building, structure or land is used for more than
one purpose the said building, structure or land shall comply
with the provisions of this By-law relating to each use. In the
case of a conflict, the more stringent provision shall apply.
b)
Within any Countryside Zone or the Rural Residential
(RESR), Estate Residential (RESE), Rural Commercial
(COMR) or Rural Industrial (EMPR) Zones, a building shall
be set back a minimum of 10.0 metres from any dwelling unit
in a separate building on the same lot.
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4.17
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one zone under the provisions of this By-
law, each such portion of the lot shall be used in accordance with the zone
provisions of this By-law for the applicable zone.
The lot area and lot frontage requirements of the most restrictive zone on the lot
shall be applied to the entire lot.
This provision does not apply to lands that are subject to a Holding (H) Provision.
This provision is also subject to Section 4.7 of this By-law.
4.18
NON-COMPLYING BUILDINGS AND STRUCTURES
4.18.1
Replacement, Enlargement, Repair or Renovation
A non-complying building or structure that does not comply with this By-law, but
which was legally erected/altered in accordance with the by-laws in force at the
time of construction and/or alteration is permitted to be replaced, enlarged,
repaired or renovated provided that the enlargement, repair or renovation:
a)
Does not further encroach into a required yard;
b)
Does not increase the amount of floor area or volume in a
required yard by more than 10% of the portion of the building
or structure located in the required yard as of the date of
passing of this By-law;
c)
Does not in any other way increase a situation of non-
compliance; and,
d)
Complies with all other applicable provisions of this By-law.
4.18.2
Reconstruction
Nothing in this By-law shall apply to prevent the reconstruction of any legally
existing building or structure that is accidentally damaged or destroyed by causes
beyond the control of the owner or where the owner has obtained a demolition
permit from the Municipality. Such a building or structure is permitted to be
reconstructed in accordance with the previously existing standards, even if such
did not conform with one or more of the provisions of this By-law provided that a
building permit for the reconstruction is obtained within 24 months of the damage
being done and, where applicable, that the building or structure is improved to
meet the appropriate dry or wet floodproofing standard of the Ganaraska Region
Conservation Authority, but that the non-compliance may not be further
increased.
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4.18.3
Permitted Exterior Extension, Alteration and Reconstruction
On the exterior of a building or structure, the installation of eavestroughs, siding,
brick or insulation whose sole purpose is to improve the exterior of a building or
structure that was lawfully used for a purpose not permissible within the zone in
which it is located prior to the effective date of this By-law shall be permitted
provided that the floor area of the building or structure is not expanded in any
way, except in conformity with this By-law.
4.18.4
Permitted Interior Alteration
The interior of any building or structure that was lawfully used for a purpose not
permissible within the zone in which it is located prior to the effective date of this
By-law, is permitted to be reconstructed or structurally altered, in order to render
the building or structure more convenient for the existing purpose for which it was
lawfully used.
4.18.5
Restoration to a Safe Condition
Nothing in this By-law shall prevent the repair, strengthening or restoration to a
safe condition of any building or structure or part thereof that was lawfully used
for a purpose not permissible within the zone in which it is located prior to the
effective date of this By-law, or the rebuilding of such building or structure if it has
been destroyed by means beyond the control of the owner, provided that the
dimensions or use of the original building or structure or of any yards appurtenant
thereto, are not altered in any way except in conformity with this By-law unless
these changes are necessary to provide for flood proofing.
In cases where a building or structure or part thereof is found to be unsafe due to
radioactive contaminated landfill or materials, this provision shall permit the
correction of the condition.
4.18.6
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a
purpose prohibited by this By-law, of any building or structure for which plans
have, prior to the date of passing of this By-law, been approved by the Chief
Building Official, so long as the building or structure, when erected, is used and
continues to be used for the purpose for which it was erected.
4.18.7
Non-compliance as a Result of Acquisition by a Public
Authority
Notwithstanding any other provision of this By-law, where, as a result of an
acquisition of land by a public authority, such acquisition results in a
contravention of this By-law relating to minimum yards and/or setbacks, lot
coverage or maximum permitted gross floor area or net floor area, then the lands
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so acquired shall be deemed to continue to form part of the lot upon which the
building or buildings are located in determining compliance with this By-law.
4.18.8
Driveways and Required Parking Spaces
Notwithstanding any other provision of this By-law, where, as a result of an
acquisition of land by a public authority, such acquisition results in a
contravention of this By-law relating to the minimum required number of parking
spaces, minimum size of parking spaces, minimum width of a driveway, location
of parking spaces and/or driveways or minimum required setbacks and/or yards
for driveways and/or parking spaces, then the lands so affected are deemed to
comply with this By-law to the extent it complied with this By-law on the day
before the expropriation was finalized.
4.18.9
Non-compliance as a Result of New Road Construction
Notwithstanding any other provision in this By-law, where as a result of the
establishment of a new public road abutting a lot that would have been
considered an interior lot prior to the establishment of the public road, such lot
shall continue to be considered an interior lot for the purposes of determining
compliance with this By-law.
4.19
NON-COMPLYING LOTS
4.19.1
Existing Lots
A lot in existence prior to the effective date of this By-law that does not meet the
lot area and/or lot frontage requirements of the applicable Zone, is permitted to
be used and buildings and structures thereon be erected, enlarged, repaired or
renovated provided the use conforms with this By-law and the buildings or
structures comply with all of the other provisions of this By-law.
4.19.2
Non-compliance as a Result of Acquisition by a Public
Authority
Notwithstanding any other provision of this By-law to the contrary, where, as a
result of the acquisition of part of a lot by a public authority, the lot, after the
acquisition, is a non-complying lot, such non-complying lot may be used for any
purpose permitted by this By-law within the Zone in which the lot is located,
provided that:
a)
Such lot as reduced is accessible to vehicular traffic from a
road either directly or via private access;
b)
No change is made to such lot or to any building or structure
thereon, subsequent to the date of the said acquisition, that
would increase the degree of any non-conformity resulting
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from such acquisition or that would contravene any other
provision hereof; and,
c)
This provision is not construed as mitigating or legalizing any
non-conformity or contravention pertaining to such lot prior to
the date of such acquisition.
4.19.3
Lot Subject to a Consent to Sever
Notwithstanding any other provision of this By-law to the contrary, where an
existing lot has a lesser lot area and/or lot frontage than required by this By-law
and is the subject of a consent to a land severance, an amendment to this By-law
to recognize the further reduction in lot area and/or lot frontage will not be
required, provided that all other applicable zone standards of this By-law are
complied with.
4.19.4
Part of Lot 34, Broken Front Concession and Part of Lots 34
and 35, Concession 1
Sections 4.19.1, 4.19.2 and 4.19.3 above shall not apply to Part of Lot 34,
Broken Front Concession and Part of Lots 34 and 35, Concession 1, as shown
on Schedule 'C-1' to this By-law, with the exception of the following lots as shown
on Registrars Compiled Plan No. 173:
a)
Provided they are combined and treated as one lot, each
pair of Lots 49 and 50, Lots 161 and 162, Lots 175 and 176,
Lots 275 and 276, Lots 286 and 287, and Lots 360 and 361;
and,
b)
Lots 1, 2, 51, 52, 158, 163, 164, 165, 170, 172, 173, 205,
206, 207, 217, 236, 237, 238, 239, 241, 243, 277, 278, 283,
284, 285 and 288.
4.20
NON-CONFORMING USES
The provisions of this By-law shall not apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such existing lot,
building or structure was lawfully used for such purpose, prior to the effective
date of this By-law and provided that the lot, building or structure continues to be
used for that purpose and is not altered in any way except in conformity with this
By-law.
Notwithstanding the above, legal non-conforming uses in a Commercial Zone are
permitted to expand by no more than 10% of the existing floor area.
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4.21
OPENINGS
4.21.1
Facing a Lot Line
An opening for a door that provides access to the interior of a main
building and/or an accessory building shall not be permitted in any
portion of a wall facing a lot line that is located less than 1.2 metres
from the same lot line.
4.21.2
External Stairs to a Basement Prohibited
An opening providing access for stairs from the outside of a building to a
basement or cellar shall not be permitted in any required yard.
4.22
OUTDOOR DISPLAY AND SALES
Where an outdoor display and sales area is permitted as an accessory use:
a)
The outdoor display and sales area shall comply with the
following setbacks:
i)
Maximum distance between an outdoor display and
sales area and building containing the principal use of
the lot - 12.0 metres;
ii)
Minimum required interior side yard for an outdoor
display and sales area - 3.0 metres;
iii)
Minimum required rear yard for an outdoor display
and sales area - 3.0 metres;
iv)
Minimum set back for an outdoor display and sales
area from a Residential Zone boundary - 7.5 metres.
b)
The maximum permitted area for an outdoor display and
sales area shall be 200% of the floor area of the main
building on the same lot;
c)
The outdoor display and sales area must be located outside
of any required parking spaces, loading areas and required
planting strips;
d)
The outdoor display and sales area shall be established and
maintained with a stable surface, treated so as to prevent
the raising of dust or loose particles and comprised in whole
or in part of one or more materials including asphalt,
concrete, concrete or brick pavers, gravel or similar
materials. and,
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e)
Motor vehicle dealerships or the accessory sale of motor
vehicles where permitted by this By-law, are not subject to
the provisions of Sections 4.22(a), (b) and (c) of this By-law.
4.23
OUTDOOR STORAGE
4.23.1
General Provision
Where accessory outdoor storage is permitted in a zone:
a)
Outdoor storage shall be permitted only in a rear or interior
side yard and shall not be located any closer than 18.0
metres to any streetline, including the Highway 401
streetline;
b)
The height of stored materials shall not exceed 4.5 metres;
c)
Outdoor storage shall be screened by opaque fencing with a
minimum height of 2.75 metres;
d)
Outdoor storage is not permitted within any yard adjoining a
residential zone boundary; and,
e)
The maximum permitted area for outdoor storage shall be
the lesser of 30% of the lot area or twice the ground floor
area of the main building on the lot.
4.23.2
Agricultural Uses
Outdoor storage of farm-related materials shall be permitted
accessory to a farm. The provisions of Section 4.23.1 above shall
not apply.
4.24
PATIOS
4.24.1
Restaurant Patios
Restaurant patios are permitted accessory to any restaurant
provided that:
a)
A restaurant patio shall be permitted in any yard with no
required setback to the applicable lot line, except that in a
rear yard it shall be located no closer to the rear lot line than
required for an accessory building by this By-law;
b)
Notwithstanding Subsection (a) above, a restaurant patio
shall not be permitted within a sight triangle required by this
By-law;
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c)
Notwithstanding Subsection (a) above, a restaurant patio
shall not be located within any planting strip required by
Section 4.25 of this By-law;
d)
Notwithstanding Subsection (a) above, a restaurant patio
shall be setback a minimum of 7.5 metres from any
Residential Zone;
e)
The maximum height of a restaurant patio shall be 4.0
metres except if it is on a roof; and,
f)
A restaurant patio shall be screened by fencing with a
minimum height of 1.0 metre.
4.24.2
Outdoor Rooftop Patios
Outdoor rooftop patios are permitted accessory to any restaurant,
subject to the following provisions:
a)
Outdoor rooftop patios shall not extend beyond the roof of
the building;
b)
Where an abutting lot is zoned for residential purposes or
contains a building(s) with one or more dwelling units, a
minimum 1.8 metre tall acoustical wall shall be erected along
the portion of the perimeter of the outdoor rooftop patio that
is generally parallel to the rear lot line and side lot line. For
the purposes of this provision, an acoustical wall means a
wall designed to effectively eliminate noise from the outdoor
rooftop patio from reaching the abutting lot zoned for
residential purposes containing a building with one or more
dwelling units.
c)
The maximum floor area of all outdoor rooftop patios
combined shall be 50 square metres per building.
d)
Any roofed area comprising part of an outdoor rooftop patio
shall remain unenclosed and open to the air on at least two
sides and shall not exceed 20% of the total floor area of the
outdoor rooftop patio.
e)
The primary ingress and egress of an outdoor rooftop patio
shall be from the interior of the building, and exterior stairs
shall only be used for emergency and fire safety purposes as
required by applicable law.
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f)
Outdoor
rooftop
patios
shall
not
contain
electronic
music/sound equipment, and shall not be used as a dance
floor or for live music or other forms of entertainment.
4.25
PLANTING STRIPS
4.25.1
Location
a)
A 3.0 metre-wide planting strip abutting the full length of the
lot line shall be required:
i)
Where a lot in any Commercial or Employment Zone
or in the Institutional Rural (IR) Zone abuts an interior
side or rear lot line of a lot in any Residential Zone;
ii)
Where a lot in the Medium Density Residential
(RES3) Zone abuts a lot in a Low Density Residential
One (RES1) or Low Density Residential Two (RES2)
Zones;
iii)
Where a lot in the High Density Residential (RES4)
Zone abuts a lot in a Low Density Residential One
(RES1), Low Density Residential Two (RES2) Zone or
Medium Density Residential (RES3) Zones; and,
iv)
Along a streetline between a parking area and a
street where parking areas are located adjacent to a
street in any Zone except the Downtown Commercial
(COM3) Zone.
b)
A 4.5 metre wide planting strip abutting the full length of the
lot line shall be required:
i)
Along a streetline where a lot contains an apartment
building.
c)
Where parking areas are connected to parking areas on
adjacent lots, a planting strip is not required.
d)
Where there is an opaque wall or fence having a height of
1.5 metres or more, the width of the planting strip is
permitted to be reduced to 1.8 metres in width.
4.25.2
Contents
Required planting strips shall contain one or more of the following screening
devices:
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a)
A continuous row of trees;
b)
A continuous hedgerow of evergreens, bushes or shrubs;
c)
A berm;
d)
A wall; or,
e)
A fence.
4.25.3
Design
Screening devices comprising a required planting strip shall:
a)
Be arranged so as to form a dense or opaque screen or
barrier;
b)
Be designed to have an ultimate height of not less than 1.8
metre above the elevation of the ground at the nearest lot
line, provided that they do not obstruct a sight triangle; and,
c)
Be uninterrupted except where traversed by pedestrian
walkways or permitted driveways, in which case no such
screening devices shall be required within 1.0 metre thereof.
4.25.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section is permitted to form a
part of any landscaped open space required by this By-law and is also permitted
to form part of a required yard.
4.26
PORCHES
4.26.1
Size of Porches
a)
The floor of any porch that is located between a main wall of
a building and a streetline shall extend at least 1.5 metres
towards the streetline from the main wall that abuts the
porch. Windows, stairs, columns, piers and/or railings
associated with the porch are permitted to encroach within
this area. Notwithstanding the above, a portion of the porch
is not required to extend 1.5 metres towards the streetline
provided it extends no more than 0.8 metres along the main
wall. The floor of any porch that is located between a main
wall of a building and a streetline shall have a depth of at
least 1.5 metres measured from the edge closest to the
streetline to the main wall that abuts the porch. Windows,
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stairs, columns, piers and/or railings associated with the
porch
are
permitted
to encroach
within
this area.
Notwithstanding the above, a portion of the porch is not
required to have a depth of 1.5 metres provided it extends
no more than 0.8 metres along the main wall.
b)
The elevation of a porch shall be a maximum of 3.0 metres,
with the elevation being measured from the floor of the porch
to the underside of the rafters or ceiling of the porch.
4.26.2
Encroachments into Yards
a)
Porches and the stairs used to access a porch are permitted
to encroach
i)
Into the required front yard and exterior side yard a
distance of 2.5 metres, provided that no part of the
porch shall be located closer than 1.2 metres from the
front or exterior side lot line;
ii)
Into the required rear yard a distance of 2.5 metres;
and,
iii)
Into the required interior side yard a distance of 2.5
metres, provided that no part of the porch is located
closer than 1.2 metres from the interior side lot line.
b) Notwithstanding the above, where there is a legal non-complying
building which already encroaches into the required front
yard and/or exterior side yard, porches and stairs used to
access a porch are permitted to encroach an additional 2.5
metres, provided that no part of the porch or the stairs used
to access a porch is located closer than 1.2 metres from the
front or exterior side lot line.
c)
In addition to a porch, an underground cold cellar is
permitted to encroach into any required yard, provided the
underground cold cellar is located entirely underneath the
porch.
d)
Eaves and eavestroughs associated with a porch shall be
permitted to encroach an additional 0.6 metres beyond what
is permitted by this Section into any required yard. There is
no restriction on the location of gutters.
4.27
PROHIBITED USES
4.27.1
All Zones
The following uses, activities and/or objects shall be prohibited in any Zone:
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a)
The use of any tent, trailer or motor vehicle for human
habitation, except where such tent, trailer or motor vehicle is
located in a campground, in a trailer park or in a mobile
home park;
b)
The use of any accessory building or structure or boathouse
for human habitation;
c)
The use of a truck, bus, coach body or rail car for human
habitation or for storage purposes;
d)
The storage of disused rail cars, streetcars, buses, truck
bodies or trailers without wheels;
e)
The parking or storage of trailers or commercial motor
vehicles on a vacant lot;
f)
The parking or storage of trailers or commercial motor
vehicles on a vacant lot for the purposes of advertising;
g)
The outdoor storage of partially dismantled motor vehicles or
trailers or motor vehicle or trailer parts unless otherwise
permitted by this By-law;
h)
The parking or storage of a shipping container on a
residential lot;
i)
Noxious uses;
j)
The manufacturing, refining, rendering or distillation of acid,
ammonia, chlorine, coal, creosote, explosives, fireworks,
glue, petroleum or tar; and,
k)
The bulk storage of industrial chemicals, fuels and oils,
hazardous waste or liquid industrial waste unless specifically
permitted by as defined under Environmental Protection Act,
R.S.O. 1990, c.E. 19, as amended.
4.27.2
Oak Ridges Moraine
In addition to Section 4.27.1 of this By-law, the following uses are prohibited in
the Oak Ridges Moraine - Core (ORM-C), Oak Ridges Moraine - Environmental
Protection (ORM-EP), Oak Ridges Moraine - Extractive Industrial (ORM-MX),
Oak Ridges Moraine - Linkage (ORM-L), Oak Ridges Moraine - Rural (ORM-
RU) and Oak Ridges Moraine - Village (ORM-V) Zones:
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a)
Generation or storage of hazardous or liquid industrial
waste;
b)
Waste composting facility;
c)
Waste management facility;
d)
Waste transfer facility;
e)
Organic soil conditioning facilities;
f)
Snow storage and disposal facilities;
g)
Bulk storage tanks that are not equipped with an approved
secondary containment device; and,
h)
The use, creation, handling or storage of alfatoxin,
tetrachlorodibenzo-p-dioxin,
pentachlorodibenzo-p-dioxin,
hexachlorodibenzo-p-dioxin, tetrachlorodibenzo furan or
other contaminants listed in Schedule 3 (Severely Toxic
Contaminants) to Regulation 347 of the Revised Regulations
of Ontario, 1990.
4.28
PUBLIC USES
4.28.1
Permitted Locations
a)
A public use, including a community garden, shall be
permitted in all zones other than the:
i)
Environmental Protection (EP) Zone;
ii)
Oak Ridges Moraine - Core (ORM-C) Zone;
iii)
Oak Ridges Moraine - Environmental Protection
(ORM-EP) Zone;
iv)
Oak Ridges Moraine - Extractive Industrial (ORM-
MX) Zone;
v)
Oak Ridges Moraine - Linkage (ORM-L) Zone;
vi)
Oak Ridges Moraine - Rural (ORM-RU) Zone; and,
vii)
Oak Ridges Moraine - Village (ORM-V) Zone.
b)
Nothing in this By-law shall prevent the use of any land,
building or structure for infrastructure and as a public street
nor prevent the installation of a utility including a water main,
sanitary sewer, storm sewer, gas main, pipeline or overhead
or underground hydro, sewage pumping station, municipal
well and related structure, water storage tower, water
reservoir, telecommunications/communications infrastructure
or other utility supply or communication line.
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4.28.2
Regulations for Public Uses
Where a public use is permitted, the following provisions shall apply:
a)
Such public use shall comply with all applicable zone
standards, parking and loading requirements of the Zone in
which it is located;
b)
No outdoor storage shall be permitted unless such outdoor
storage is specifically permitted in the Zone in which the
public use is located;
c)
Notwithstanding subsection (a) above, buildings and
structures which are used for the storage of road
maintenance materials within a public works yard owned by
a public authority shall be exempt from the height
requirements of this By-law;
d)
Any accessory uses to a public use shall be clearly
incidental and accessory to the principal use; and,
e)
Any above-ground, utility or public use which is located in a
Residential Zone shall be located and maintained in general
harmony with the residential buildings permitted in such
Zone.
4.29
RAMPS AND BARRIER-FREE ACCESS
Nothing in this By-law shall prevent the location of a barrier-free entrance that
conforms to the requirements of Section 3.8 (Barrier-Free Design) of the Ontario
Building Code (Ontario Regulation 350/06) or its successor.
4.30
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any lot or building is
used, erect or enlarge any building or structure or sever any lands
from any existing lot if the effect of such action is to cause the
original, adjoining, remaining or new building, structure or lot to be
in contravention of this By-law.
4.31
SCHOOL PORTABLES
School portables are considered to be main buildings by this By-law.
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4.32
SERVICES REQUIRED
4.32.1
Urban Area
No land, building or structure in the following Zones shall be used and no building
or structure shall be erected, used or altered after the passage of this By-law
unless the use is to be serviced by municipal sewage services and municipal
water services:
a)
Low Density Residential One (RES1);
b)
Low Density Residential Two (RES2);
c)
Medium Density Residential (RES3);
d)
High Density Residential (RES4);
e)
Neighbourhood Commercial (COM1);
f)
General Commercial (COM2), but only for those lands within
this Zone as shown on Schedule 'A' to this By-law;
g)
Downtown Commercial (COM3);
h)
General Employment (EMP1), but only for those lands within
this Zone as shown on Schedule 'A' to this By-law;
i)
Service Employment (EMP2), but only for those lands within
this Zone as shown on Schedule 'A' to this By-law; and,
j)
Institutional Urban (IU).
4.32.2
Hamlets and the Countryside Area
In all other zones, the establishment of any type of sewage disposal system,
except a Class IV or VI system as defined by the Building Code Act, 1992, S.O.
1992, c.23, as amended, is not permitted on vacant lots that existed on the date
this By-law comes into effect.
4.32.3
Other Dwelling Units in the Hamlet Areas
Notwithstanding Section 4.32.2 above an apartment dwelling, a multiple dwelling
and a townhouse dwelling shall not be erected, used or altered in the Hamlet
Residential Two (RESV2) Zone after the passage of this By-law unless the use is
to be serviced by municipal sewage services and municipal water services.
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4.33
SIGHT TRIANGLES
4.33.1
Application
Notwithstanding any other provision of this By-law, a sight triangle shall be
required on a corner lot at an at-grade intersection of two or more streets that is
measured according to the provisions set out in Table 4.4, below:
Table 4.4: Sight Triangle Dimensions (Distance from Lot Line to Point
of Intersection)
Subject lot has access onto a:
Local
street
Existing Arterial,
Existing Collector
and Future
Collector as
shown on
Schedules D and
D1 to the Official
Plan
County
Road or
Provincial
Highway
y
-wa
of
-
ight
r r
he
Ot
Local road
3.0 metres
5.0 metres
9.0 metres
Existing Arterial,
Existing Collector
and Future
Collector as
shown on
Schedules D and
D1 to the Official
Plan
5.0 metres
7.0 metres
9.0 metres
Arterial or
Provincial Highway
9.0 metres
9.0 metres
9.0 metres
The provisions of this Section shall not apply to any lot located in the Downtown
Commercial (COM3) Zone or where this By-law does not require any front or
exterior side yard.
4.33.2
Prohibition of Obstructions
Within any part of a sight triangle as defined herein:
a)
No building, structure, sign, wall or fence shall be erected,
located or placed, in whole or in part;
b)
No vehicle shall be parked or stored; and,
c)
Landscaping materials are permitted to be located or
allowed to grow and any land raised, but in no case greater
than 1.0 metre in height above the average elevation of the
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site triangle, determined by averaging the elevations of the
three corner points thereof, or being located in such a
manner as to impede or obstruct in any way the field of view
across such site triangle for persons driving vehicles on an
abutting street.
4.33.2
Permitted Encroachments
Notwithstanding Section 4.33.2 a) above, architectural features such as sills,
belts courses, cornices, parapets, pilasters or other similar ornamental structures
shall be permitted to encroach into a sight triangle in accordance with Section 4.8
a) of this By-law.
4.34
SIGNS
The provisions of this By-law shall not apply to prevent the erection, alteration or
use of any sign provided such sign complies with the By-laws of the Municipality
and is accessory to the use of the land on which it is located.
4.35
SOLAR PANELS
4.35.1
General Provisions
a)
Solar panels are permitted as set out in Table 4.5, below:
Table 4.5: Standards for Solar Panels
Land Use
Permitted
Location
Maximum Height
Single detached, semi-detached
and townhouse dwellings in the
RES1, RES2, RES3 and RES4
Zones
Roof
Ground
mounted
platform
Panels are permitted to extend a
maximum of 1.0 metre perpendicular to a
roof surface.
It is classified as an accessory structure.
Residential, industrial and
commercial buildings 12.0 metres in
height or over.
Roof
Ground
mounted
platform
Panels are permitted to extend a
maximum of 5.0 metres beyond the
highest point of the roof.
It is classified as an accessory structure.
Residential, industrial and
commercial buildings under 12.0
metres in height (not including
single-detached, semi-detached
and townhouse dwellings in the
RES1, RES2, RES3 and RES4
Zones)
Roof
Ground
mounted
platform
Panels are permitted to extend a
maximum of 2.0 metres beyond the
highest part of the roof.
It is classified as an accessory structure.
Rural residential or agricultural
Roof
Ground
mounted
platform
Panels are permitted to extend a
maximum of 1.0 metre in height, measured
perpendicular to a roof surface.
It is classified as an accessory structure.
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b)
Free-standing, ground mounted solar panels shall be
included in the calculation of lot coverage. For the purposes
of this By-law, such a solar panels is deemed to be an
accessory structure.
4.35.2
Prohibited Zones
Notwithstanding Section 4.35.1 above, a solar panel shall not be permitted in the
following Zones.
a)
Environmental Protection (EP) Zone;
b)
Open Space (OS) Zone; and,
c)
Environmental Protection - Floodplain (EP-F) Zone,
4.36
SPECIAL SETBACKS
4.36.1
County Roads and Provincial Highways and Railroads
Notwithstanding any other provision in this By-law, all buildings and structures
shall be located no closer than:
a)
59.0 metres from the centreline of Highway 401;
b)
30.0 metres from the centre-line of any other Provincial
Highway; and,
c)
30.0 metres from the centre-line of a County Road.
4.36.2
Lake Ontario Shoreline
Notwithstanding any other provision in this By-law, all buildings and structures
shall be set back a minimum of 30.0 metres inland from the 72.9 metre G.S.C.
elevation.
4.36.3
TransCanada Pipeline
Notwithstanding any other provisions in this By-law, no permanent building or
structure shall be located within 7.0 metres of the TransCanada pipeline right-of-
way. Accessory structures shall have a minimum setback of at least 3.0 metres
from the limit of the TransCanada right-of-way. No building or structure is
permitted within 3.0 metres of the TransCanada right-of-way.
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4.36.4
Trans-Northern Pipeline
Notwithstanding any other provision in this By-law, no permanent
building or structure shall be located within 10.0 metres of the
Trans-Northern pipeline right-of-way.
4.36.5
Railroads
Notwithstanding any other provision in this By-law, all buildings and
structures containing a dwelling unit, a place of worship, a child
care centre and/or a private or public school shall be located no
closer than 30 metres from the right-of-way owned by a Federally
regulated railway company.
4.37
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street:
a)
The setback and front yard requirements contained herein shall
apply on each street in accordance with the provisions of the Zone
or Zones in which such lot is located; and,
b)
Accessory buildings and structures shall be permitted in the
applicable yard having the greater depth in accordance with
Section 4.1 of this By-law.
4.38
TRAVEL
TRAILERS,
RECREATIONAL
VEHICLES
AND
CAMPERS
4.38.1
Outdoor Parking and Storage
The outdoor parking and storing of a recreational vehicle, truck camper, camper
trailer, trailer and licensed off-road recreational vehicle shall be prohibited in all
Residential and Countryside Zones except that a total of one recreational vehicle,
truck camper, camper trailer, trailer or licensed off-road recreational vehicle, is
permitted to be stored outdoors on the same lot where the owner of said
recreational vehicle resides in a Residential Zone, provided that it meets the
setbacks for an accessory building and where the required parking spaces for the
use on the lot are satisfied, and only in the following yards:
a)
In the rear or interior side yard, provided that it meets the
setbacks for an accessory building within the limits of the lot;
and,
b)
In the front yard, provided that it meets the minimum
required front yard standard for the applicable zone.
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4.38.2
Use
a)
The use of trailers, travel trailers, recreational vehicles, truck
campers, and camper trailers for commercial purposes or
habitation shall be prohibited in all Zones except in areas
where such use is expressly permitted by this By-law.
b)
No other form of trailer or vehicle shall be used for human
habitation unless expressly permitted by this By-law.
4.39
USES OF LOTS WITHOUT BUILDINGS
Unless expressly permitted by this By-law, no permitted use in any Residential,
Commercial or Employment Zone is permitted unless a main building is erected
on the same lot.
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PART 5 - PARKING AND LOADING PROVISIONS
5.1
APPLICABILITY OF THIS SECTION
a)
The parking and loading space requirements of this Part of
the By-law shall not apply to any use in existence at the date
of passing of this By-law so long as the floor area, as it
existed at such date, is not increased.
b)
If an addition is made to the building that increases the floor
area, additional parking and loading spaces shall be required
to be provided for the additional floor area as required by the
regulations of this By-law.
c)
If the use of lands or a building or part of a building is
changed to a use that requires additional parking than what
existed as of the date of passing of this By-law, additional
parking and loading spaces shall be required in accordance
with the regulations of this By-law.
d)
Notwithstanding any other provision of this By-law to the
contrary, within the Downtown Commercial Zone, no
additional parking or loading spaces shall be required for:
i)
a change of use of any existing building, structure or part
thereof; or,
ii) an addition to an existing building or structure which
results in an increase in floor area, save and except if
such addition creates additional dwelling units. Where
additional dwelling units are created, the parking
provisions of this By-law shall apply.
5.2
GENERAL PARKING PROVISIONS
5.2.1
Restriction on Use of Land, Buildings and Structures
No person shall use any land, building or structure in any Zone for any purpose
permitted by this By-law, unless the minimum number of parking spaces required
are provided in accordance with the provisions of this Part of the By-law.
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5.2.2
Calculation of Parking Requirements
5.2.2.1
Rounding of Requirements
Where the minimum number of parking spaces is calculated on the basis of a
rate or ratio, the required number of parking spaces shall be rounded to the next
higher whole number where the calculated required number of parking spaces
results in a fraction of a parking space.
5.2.2.2
More than One Use on a Lot
The parking requirements for more than one use on a single lot or for a building
containing more than one use, shall be the sum total of the parking requirements
for each of the component uses, unless otherwise noted.
5.2.2.3
Requirements Based on Capacity
Where the number of parking spaces required in accordance with this By-law is
based upon the "capacity" of a use, such capacity shall be equal to the maximum
capacity of any building or structure pertaining to such use, as determined by the
Ontario Building Code, relevant fire safety regulations or, where applicable, the
Liquor Licensing Board or Ontario or other public agency having jurisdiction,
whichever capacity is less.
5.2.3
Dimensions of Parking Spaces
5.2.3.1
General Requirements
a)
Where parking spaces are provided in a surface parking
area, or on a driveway each parking space shall have a
width of not less than 2.7 metres and a length of not less
than 5.5 metres.
b)
Where parking spaces are provided in an enclosed or
underground parking garage, such parking spaces shall
have a width of not less than 2.7 metres and a length of not
less than 5.4 metres.
c)
Where required parking spaces are provided within a private
garage accessory to a detached, semi-detached or
townhouse dwelling, with such a private garage being a
single car garage or a double car garage with a separating
wall, each parking space shall have a width of not less that
2.9 metres and length of not less than 6.0 metres and a
height clearance of not less than 2.1 metres. A minimum
area of 2.9 metres wide by 5.3 metres long by 2.1 metres
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high of this space shall be unobstructed by any component
of any structure, including stairs.
d)
Where parking spaces are provided within a private garage
accessory to a detached, semi-detached or townhouse
dwelling, with such a private garage being a single car
garage or a double car garage with no separating wall, each
parking space shall have a width of not less that 2.75 metres
and length of not less than 6.0 metres and a height of not
less than 2.1 metres. A minimum area of 5.5 metres wide by
5.3 metres long by 2.1 metres high of this space shall be
unobstructed by any component of any structure, including
stairs.
5.2.3.2
Parallel Parking
Where principal access to a parking space is located on its longest side, such
parking space shall have a minimum width of 2.75 metres and a minimum length
of 6.9 metres.
5.2.3.3
Single Stacked Angled Parking
Where principal access to a parking space is located on its shortest side, and
where landscaped open space, a sidewalk or a wall abuts the parking spaces
along the opposite shorter side, and where the parking space is provided at any
angle between ten and seventy degrees, measured between the edge of the
pavement and the longer side of the parking space, such parking space shall
have a minimum width of 2.75 metres and a minimum length of 6.4 metres.
5.2.3.4
Compact Car Parking
Notwithstanding any other provision of this Part of the By-Law to the contrary,
where 10 or more parking spaces are required on a lot, the minimum rectangular
dimensions required for not more then 10% of such parking spaces shall be a
width of 2.5 metres and a length of 5.5 metres, provided that any such parking
space is clearly identified as being reserved for the parking of small cars only.
5.2.4
Location of Required Parking
5.2.4.1
Same Lot as the Use
All parking spaces shall be located on the same lot as the use that requires the
parking.
5.2.4.2
When Off-site Parking May be Permitted
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Notwithstanding Section 5.2.4.1 above, required parking spaces for any use
within the Downtown Commercial (COM3) Zone are permitted to be located on
another lot within 300.0 metres of the lot on which parking would be required for
a use, provided that:
a)
An agreement with the Municipality is registered against title
of both such registered lots binding and requiring the
owner(s) thereof to maintain such parking spaces for the
duration of the building, structure or use for which they are
required; and,
b)
The off-site parking is located on a lot held under the same
ownership and is in the same Zone as the subject lot; or,
c)
The principal use is a permitted use on both lots; or,
d)
The lot on which the parking is being provided is located in a
zone that permits a parking lot.
5.2.4.3
Yards where Parking Areas are Permitted
Outdoor parking areas shall be permitted in any part of any yard, except that no
part of any parking area shall be located:
a)
Within a sight triangle in accordance with Section 4.32 of this
By-law;
b)
In any required front yard or required exterior side yard in
any Countryside, Open Space (OS) or Residential Zone;
c)
Closer to any street having a width of more than 10.0 metres
than:
i)
1.0 metre in any Commercial, Institutional Urban (IU),
Institutional Rural (IR), Open Space (OS) or Major
Recreational (OSR) Zone; or,
ii)
2.0 metres in any Countryside, Rural Employment
(EMPR4),
Waste
Disposal
(EMPD),
Power
Generation (EMPG), Extractive Industrial (EMPX) or
Institutional Rural (IR) Zone;
d)
Closer to any Residential Zone than:
i)
The minimum required interior side and minimum
required read yard in an Industrial Zone;
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ii)
1.0 metre in any Commercial, Institutional Urban (IU),
Institutional Rural (IR), Open Space (OS) or Major
Recreational (OSR) Zone; or,
iii)
3.0 metres in any Countryside, Rural Employment
(EMPR), Waste Disposal (EMPD), Power Generation
(EMPG), Extractive Industrial (EMPX) or Institutional
Rural (IR) Zone; and,
e)
Notwithstanding anything to the contrary, no parking, save
and except for visitor parking, may be located in the front
yard or exterior side yard in the Service Employment Zone
provided that no part of any parking area other than a
driveway is located closer than 0.9 metres to any street line.
5.2.5
Surface Treatment
All parking spaces, loading spaces, queuing lanes and spaces, parking areas,
parking lots and all driveways and aisles providing, access thereto shall be
established and maintained with a stable surface, treated so as to prevent the
raising of dust or loose particles and comprised in whole or in part of one or more
materials including asphalt, concrete, concrete or brick pavers, gravel or similar
materials. The use of similar materials which provide for the infiltration of water
into the ground is also permitted.
Notwithstanding the above, this requirement shall not apply in any Countryside
Zone and the Open Space (OS) Zones.
5.2.6
Exclusive Use of a Parking Space
Any parking space shall be unobstructed and available for parking purposes and
used exclusively for that purpose at all times, unless otherwise specified in this
By-law.
5.2.7
Parking Required for Outdoor Patios
Parking spaces are not required for any outdoor patio that occupies less than
40% of the net floor area of the restaurant it serves. Where the outdoor patio
occupies an area equal to or greater than 40% of the net floor area of the
restaurant it serves, parking spaces shall be required at the required minimum
requirement specified in Section 5.3 of this By-law for that portion of the outdoor
patio greater than 40% of the net floor area of the restaurant it serves.
5.2.8
Access to Parking Areas and Parking Spaces
5.2.8.1
Double Parking
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Each required parking space shall be accessible at all times for parking a vehicle
without the necessity of moving any other vehicle, except that nothing in this By-
law shall apply to prevent the parking of a vehicle in any part of a driveway
accessory to a single detached dwelling, semi-detached dwelling or street
townhouse dwelling.
5.2.8.2
Width of Parking Aisles
The minimum width of an aisle providing access to a parking space within a
parking area shall be 3.5 metres, except as set out in Table 5.1, below in the
case of angled off-street parking accessed by a one-way aisle.
Table 5.1: Width of Parking Aisles
Angle of Parking (Degrees)
Minimum Required Aisle Width
(Metres)
Equal to
Less than
0
45
3.5
45
56
4.3
56
70
6.5
70
90
6.7
5.2.8.3
Width of Access Ramps and Driveways in Non-Residential Zones
Access ramps and driveways accessing a parking area or parking lot shall be a
minimum of 3.0 metres in width for one-way traffic and a minimum of 6.0 metres
in width for two-way traffic, and in no case shall be not more than 9.0 metres in
width.
5.2.9
Cash-in-Lieu of Parking
Parking spaces required by Sections 5.3 and 5.6 of this By-law shall not be
required if the Municipality has entered into an agreement with the landowner
respecting the payment of cash-in-lieu of some or all of the parking required in
accordance with Section 40 of the Planning Act, R.S.O. 1990, c.P.13, as
amended.
5.2.10
Unlicensed Motor Vehicles and Motor Vehicle Uses
a)
The parking of an unlicensed motor vehicle on a lot shall be
permitted only as an accessory use to a motor vehicle sales
and/or rental establishment, motor vehicle body shop or a
motor vehicle repair garage located on the same lot; and,
b)
No part of any lot in a Residential Zone shall be used for the
parking or storage outdoors of any vehicle, other than a
recreational vehicle, where such vehicle does not bear a
valid license plate and currently valid validation tag, except
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for not more than 1 such vehicle in either an interior side
yard, private garage or carport.
5.2.11
Parking Garages
Parking garages shall comply with the provisions for the main building in
accordance with this By-law. No setbacks or yards shall be required for any
portion of a parking garage if it is constructed completely below the established
grade. This exemption shall also apply to ventilation shafts and housings,
stairways and other similar facilities associated with below grade parking garages
that extend from below established grade.
5.3
NON-RESIDENTIAL PARKING REQUIREMENTS
The number of parking spaces required for non-residential uses shall be
calculated in accordance with the standards set out in Table 5.2, below:
Table 5.2: Non-Residential Parking Requirements
Use
Minimum Parking Space Requirement (Net floor
area unless otherwise specified)
Adult Entertainment Parlour
2
1/5.8 m net floor area
Adult Specialty Store
2
1/20 m net floor area
Adult Video Store
2
1/20 m net floor area
Animal Clinic
1/16.9 m2 net floor area
Arena
1/3 fixed seats
Art Gallery
2
1/40 m net floor area
Assembly Hall
1/6 persons capacity
Banquet Hall
2
1/5.8 m net floor area
Billiard Hall
2
1/20 m net floor area
Bowling Alley
4/lane
Professional Office
2
1/30 m net floor area
Commercial Fitness Centre
2
1/20 m net floor area
Commercial Self-Storage Facilities
2
1/5 m net floor area for the professional office plus
2
1/100 m of the building(s) used for storage, except
where the driveway access to the storage unit has a
minimum width of 7.0 metres, in which case no
additional parking shall be required
Community Centre
2
1/10 m net floor area
Child care centre
2
1.5/classroom plus 1/30 m net floor area
Dry Cleaning Establishment
2
1/12 m net floor area
Financial Institution
2
1/18 m net floor area
Funeral Home
Minimum 10 spaces, plus an additional 1/13 m2 net floor
area
Golf Course
24 spaces/9 holes
Golf Driving Range
1.5/tee
Greenhouse, Commercial
2
1/20 m net floor area
Hospital
2
1/21 m net floor area
Hotel
1/room
Industrial Use
1/30 m2 for the first 1,000 m2 net floor area, plus 1/100
2
2
m net floor area for the floor area between 1,000.1 m
2
2
and 5,000 m net floor area, plus 1/200 m net floor area
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Use
Minimum Parking Space Requirement (Net floor
area unless otherwise specified)
for the net floor area in excess of 5,000.1 m2 net floor
area
Kennel
1/16.5 m2 net floor area
Library
1/26.5 m2 net floor area
Medical Office
5 spaces OR 1/16.9 m2 net floor area, whichever is
greater
Miniature Golf Course
1.25/tee
Motel
1.1/room
Motor Vehicle Body Shop
Motor Vehicle Repair Garage
Motor Vehicle Service Station
2
1/20m net floor area for the professional office, plus
any spaces required for accessory uses
Motor Vehicle Dealership
2
1/20 m net floor area for the motor vehicle sales and/or
rental establishment, plus any spaces required for
accessory uses.
Motor Vehicle Gas Bar
2
1/20 m net floor area
Motor Vehicle Rental Establishment
Motor Vehicle Sales and/or Rental
Establishment
2
1/20 m net floor area
Museum
2
1/40 m net floor area
Personal Service Shop
2
1/20 m net floor area
Place of Worship
1/4 persons of worship area capacity OR 1/9 m2 net
floor area of worship area capacity, whichever is greater
Restaurant
2
1/9.3 m net floor area
Restaurant, Take-Out
2
1/16.6 m net floor area
Retail Store
2
1/20 m net floor area
School, Commercial
2
1/20 m net floor area
School, Private
School, Public
4/classroom
Service Shop
2
1/20 m net floor area
Supermarket
1/13.8 m2 net floor area
Theatre
1/4 seats
Trade and Convention Centre
2
1/20 m net floor area, plus any spaces required for any
accessory restaurant and/or banquet hall
Transport Terminal
1/100 m2 net floor area
Warehouse
2
1/100 m net floor area
Wayside Pit or Quarry
Any spaces required for the professional office
Any other non-residential use not
specified in this table
2
1/30 m net floor area
5.4
BARRIER-FREE PARKING SPACES
Barrier-free parking spaces shall be provided in accordance with Ontario
Regulations 191/11 and 413/12 as amended.
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5.5
GENERAL RESIDENTIAL PARKING PROVISIONS
5.5.1
Location of Parking
a)
The parking of motor vehicles associated with a residential
use is only permitted within a parking garage, surface
parking area, private garage, carport or on a driveway
accessing an individual dwelling unit, a private garage or a
carport.
b)
No vehicle shall be parked on an unsurfaced area of any
front or exterior side yard.
c)
A parking area shall be set back 1.0 metre from a streetline.
d)
A parking area associated with an apartment or multiple-unit
building shall be set back 7.5 metres from a streetline, 3.0
metres from an interior side lot line and 1.8 metres from the
building on the same lot.
5.5.2
General Parking Provisions for Ground Oriented Residential
Dwelling Units, Including Additional Residential Units
a)
Within a front or exterior side yard, motor vehicle parking is
only permitted on a driveway.
b)
A driveway associated with a ground-oriented residential
dwelling shall provide direct access to a private garage,
carport or parking space.
c)
Motor vehicles shall not be parked parallel to the streetline
on any driveway unless expressly permitted by this By-law.
d)
There shall be no motor vehicle parking between an outside
wall of an attached private garage that faces an exterior side
lot line, a front lot line or a rear lot line.
e)
Subject to the provisions for circular driveways, only one
driveway is permitted per lot.
f)
Notwithstanding the above, a second driveway on a lot that
crosses the exterior lot line may be permitted on a corner lot
provided the driveway is located a minimum of 12 metres
from the point of intersection of the front lot line and the
exterior side lot line. In addition a second driveway
accessing a lot in the Countryside Zone may be permitted
provided the lot has a minimum lot area of 0.4 hectares.
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5.5.3
Driveways in Residential Zones
5.5.3.1
Maximum and Minimum Driveway Width
a)
The minimum driveway width shall be 3.0 metres.
b)
The maximum driveway width shall be equal to the garage
door width plus 1.5 metres or 6.1 metres, whichever is
greater, provided a minimum of 40% of the area of the front
or exterior side yard in which the driveway is located is the
site of soft landscaping.
c)
Notwithstanding Section 5.5.3.1(b) above, the maximum
width of a driveway at the streetline shall be 6.1 metres.
d)
When a garage door opening used for motor vehicle access
faces an interior side lot line, the maximum driveway width in
the front yard is 6.1 metres.
5.5.3.2
Entrances for Driveways
a)
Driveways used for providing access for the parking of motor
vehicles, shall:
i)
Not be located within a sight triangle, except that,
where a lot is occupied by a semi-detached dwelling
unit, the driveway shall be located along the front lot
line or exterior side lot line, at the location furthest
removed from the intersection; and,
ii)
Comply with any applicable regulations of the
Municipality, County or the Ministry of Transportation
pertaining to entrances onto public roads.
5.5.3.3
Provisions for Circular Driveways (Two Driveways Crossing the
Same Lot Line)
On lots that have a lot frontage of 22.0 metres or greater, a second driveway
crossing the same lot line as the first driveway is permitted provided:
a)
The principal building is setback at least 15.0 metres from
the streetline;
b)
The driveways are at least 7.0 metres apart, measured at
the streetline;
c)
The second driveway allows a motor vehicle alternate
access to a lot, and connects from the streetline to the main
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driveway providing access to the private garage, carport or
other parking spaces; and,
d)
No more than 50% of the area of the front yard and 30% of
the width of the lot frontage is used for driveway purposes.
5.5.4
Parking of Commercial Motor Vehicles in Residential Zones
a)
The parking or storage of one commercial vehicle per
dwelling unit on a lot is permitted in any Residential Zone,
provided the commercial vehicle has a registered gross
vehicle weight of 3,400 kilograms or less.
b)
Notwithstanding Section 5.5.4(a) above, a maximum of two
commercial vehicles per dwelling unit on a lot is permitted in
any Countryside Zone.
c)
If the commercial motor vehicle is a school bus, it is
permitted to exceed a weight of 3,400 kilograms within the
Countryside Zones, as well as any Commercial or
Employment Zone, but shall not exceed the 5.0 metre
wheelbase.
5.6
RESIDENTIAL PARKING REQUIREMENTS
The number of parking spaces required for residential uses shall be calculated in
accordance with the standards set out in Table 5.5, below:
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Table 5.5: Residential Parking Requirements
Use
Minimum Parking Space
Requirement
Additional Residential Unit
1 space for the first additional residential
unit on a lot subject to Section 4.2.1.1 j),
with 0 spaces required for the second
additional residential unit, where permitted
Bed and Breakfast Establishment
1/room or suite used for the purpose of
lodging for the traveling public, in addition
to the required parking for the dwelling
unit
Shared Housing (Small Scale) and Shared
Housing (Large Scale)
1 space for every two tenants
Emergency Housing
Shared housing, supervised (small scale)
Shared housing, supervised (large scale)
Treatment Centre
0.25/beds
Custom Workshop
Home Industry
Home Occupation
1 space, but only if the use occupies a
2
gross floor area of 15.0 m or greater.
Dwelling, Accessory
Garden Suite
1/unit, in addition to the required parking
for the dwelling unit
Dwelling, Accessory in the Downtown
Commercial (COM3) Zone
1/unit
Dwelling, Apartment
1/unit, plus 0.25/unit dedicated for visitor
parking
(Reduced to 0.75 space/unit with no visitor
parking requirement in the COM3 Zone)
Dwelling, Multiple Unit
1.5/unit, plus 0.25/unit dedicated for visitor
parking
(Reduced to 0.75 space/unit with no visitor
parking requirement in the COM3 Zone)
Dwelling, Semi-Detached
Dwelling, Single Detached
2/unit
Dwelling, Street Townhouse
2/unit
Long Term Care Home
0.5/bed
Mobile Home
1/unit
Residential Hospice
0.5 spaces per bed
Retirement Home
4 spaces, plus 0.5 parking spaces for
each of the first 30 guest rooms, plus 0.25
parking spaces for each additional guest
room
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100
5.7
LOADING
Where a loading space is provided, it shall comply with the provisions of this
Section.
5.7.1
Dimensions of Loading Spaces
Each loading space shall be a minimum of 3.7 metres wide, 9.0 metres long and
have a minimum vertical clearance of 4.3 metres.
5.7.2
Location of Required Loading Spaces
Loading spaces shall:
a)
Be located on the same lot for the use or building for which it
is required;
b)
Be located within 15.0 metres of the use or building for which
is it required;
c)
Not be permitted in the front yard or exterior side yard, and
shall not be located in any required yard;
d)
In a Residential Zone, be set back a minimum of 10.0 metres
from any streetline and 3.0 metres from an interior side or
rear lot line; and,
e)
In a Commercial, Institutional or Employment Zone, be set
back a minimum of 10.0 metres from any streetline or
residential zone boundary, but is permitted within this area if
the loading space is located entirely within a building or
structure on a floor above the first storey or below
established grade.
5.7.3
Exclusive Use of a Loading Space
Any required loading space shall be unobstructed and available for loading
purposes and used exclusively for that purpose at all times, unless otherwise
specified in this By-law.
5.8
QUEUING LANES FOR DRIVE-THROUGH SERVICE FACILITIES
5.8.1
Queuing Lane Requirements
Where drive-through service facilities are permitted, queuing lanes are required
and shall be exclusive of any other parking space, loading space and aisle
requirements contained within this By-law and shall be provided in accordance
with the provisions of this Part.
Municipality of Port Hope Zoning By-law
August 2023
Part 5 - Parking and Loading Provisions
101
5.8.2
Ingress and Egress Space Requirements
The minimum queuing space requirements within a designated queuing lane
shall be in accordance with the standards set out in Table 5.8, below:
Table 5.8: Queuing Lane Requirements
Use Associated with Drive-
Through Service Facility
Minimum Required
Ingress Queuing
Spaces
Minimum Required
Egress Queuing
Spaces
Financial Institution
4
1
Restaurant
12
2
Motor Vehicle Service Station
Motor Vehicle Washing
Establishment
3
10
n/a
2
All Other Uses
3
1
5.8.3
Location of Ingress and Egress Spaces
Required ingress spaces shall be located and calculated from the entrance of the
stacking lane to the product pick-up window, if an order box is provided or the
dispensing machine and required egress spaces shall be located after the
service product pick-up window or dispensing machine. The vehicle space at the
product pick-up window shall count towards the minimum egress spaces. Ingress
and egress spaces shall not interfere with or restrict property access
5.8.4
Length of Queuing Lane
The length of the queuing lane associated with the drive-through service facility
shall be the total number of required ingress spaces and egress spaces.
5.8.5
Multiple Queuing Lane Requirements
Where multiple queuing lanes are provided on a lot, the queuing space
requirements shall be provided for each individual queuing lane in compliance
with the provisions of Section 5.8 of this By-law.
5.8.6
Size of Queuing Space
All queuing spaces shall be rectangular in shape, with a minimum width of 3.0
metres and a minimum length of 7.0 metres.
5.8.7
Setbacks for Queuing Lanes
Queuing lanes and all order boxes using voice communication to order shall be
located no closer than:
Municipality of Port Hope Zoning By-law
August 2023
Part 5 - Parking and Loading Provisions
102
a)
12.2 metres from any streetline; and,
b)
30.0 metres from any Residential Zone.
5.8.8
Relation to Front and Exterior Side Lot lines
No queuing lanes, order boxes, and openings associated with a drive through
service facility shall be located in the wall facing the front or exterior side lot line
unless all of the components of a drive through service facility are located no
closer than 12.2 metres from the front and exterior side lot lines.
5.8.9
Delineation of Queuing Lane Requirements
Queuing lanes shall be unobstructed and shall be clearly delineated by pavement
markings or physical barriers, and shall be independent of the balance of the
parking area and loading area.
5.9
BICYCLE PARKING REQUIREMENTS
5.9.1
GENERAL PROVISIONS FOR BICYCLE PARKING
Where bicycle parking spaces are required by this By-law, the
following provisions apply:
a)
Where a required bicycle parking space is located wholly
within a building or structure, it shall be subject to the
following requirements:
i)
A required bicycle parking space shall have direct
access from an interior communal area of a building
or structure; and,
ii)
The minimum width of an aisle providing unobstructed
access to a bicycle parking space shall be 1.5 m.
b)
The minimum dimensions of a bicycle parking space are as
follows:
i)
Length 1.8 m;
ii)
Width 0.6 m; and,
iii)
Height 1.2 m.
c)
Notwithstanding the minimum dimensions noted in sub-
section b), where a long term bicycle parking space is
located on a wall, the dimensions above may be oriented
vertically.
Municipality of Port Hope Zoning By-law
August 2023
Part 5 - Parking and Loading Provisions
103
5.9.2
MINIMUM
NUMBER
OF
REQUIRED
BICYCLE
PARKING
SPACES
a)
The minimum number of bicycle parking spaces required
shall be calculated in accordance with the standards set out
in Table 5.9.2 below.
Table 5.9.2: Bicycle Parking Requirements
Use
Bicycle Parking Standards
Long-term
Short-term
Any building on a lot containing
more than 7 dwelling units, except
for detached, semi-detached or
street townhouse dwellings
1 space for every 4
dwelling units
The greater of 1 space
for every 12 dwelling
units or 6 spaces
Professional Office
1 space per 1,000m2
of gross floor area
The greater of 1 space
per 1,000m2 of gross
floor area or 6 spaces
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
104
PART 6 - RESIDENTIAL ZONES
6.1
LIST OF APPLICABLE ZONES
Low Density Residential One
RES1-1, RES1-2,
RES1-3, RES1-4,
RES1-5
Low Density Residential Two
Medium Density Residential
High Density Residential
Hamlet Residential One
RES2-1, RES2-2
RES3
RES4
RESV1
Hamlet Residential Two
RESV2
Rural Residential
RESR
Estate Residential
RESE
6.2
GENERAL PROHIBITION
No person shall, within any Residential Zone, use or permit the use of any land,
or erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in Table 6.1 and in accordance with the standards contained in
Tables 6.2, 6.3, 6.4, 6.5, 6.6 and 6.7, below, the General Provisions contained in
Part 4 and the Parking and Loading Provisions contained in Part 5 of this By-law.
6.3
PERMITTED USES
Uses permitted in a Zone are denoted by the symbol 'X' in the column applicable
to that Zone and corresponding with the row for a specific permitted use in Table
6.1, below. Any number(s) following the symbol 'X', zone heading, or identified
permitted use, indicates that one or more conditions apply to the use noted or, in
some cases, to the entire Zone. Conditions are listed at the end of the Permitted
Use Table 6.1:
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
105
Table 6.1: Permitted Uses in the Residential Zones
USE
RES1 RES2 RES3 RES4 RESV1 RESV2 RESR RESE
Two Additional Residential Units
(6)
X
X
X
X
X
X
X
X
Dwelling, Single Detached
X
X
X
X
X
X
X (1)
Dwelling, Semi-Detached
X (2)
X
X
Bed and Breakfast Establishment
X
X
X
X
X
X
Custom Workshop (5)
X
X
X
X
X
X
X
X
Child care centre
X
X
X
X
X
X
X
Dwelling, Apartment
X
X (3)
Dwelling, Multiple-Unit
X
X
X (3)
Dwelling, Street Townhouse
X
X
X (3)
Home Occupation (5)
X
X
X
X
X
X
X
X
Home child care
X
X
X
X
X
X
X
Residential Hospice
X
X
X
X
X
X
X
X
Retirement Home
X
X
Shared housing, supervised (small
scale)
X
X
X
X
X
X
X
X
Shared Housing (Small Scale)
X
X
X
X
X
X
X
X
SPECIAL PROVISIONS
1.
Minimum floor area for a single detached dwelling - 140.0 square metres.
2.
Subject to the standards for semi-detached dwellings in Table 6.3
3.
Subject to Section 4.32 (Services Required) of this By-law.
5.
Subject to Section 4.13 (Home occupations and Custom workshops) of this
By-law.
6.
Subject to Section 4.2.1 (Additional Residential Units)
6.4
ZONE STANDARDS
No person shall within any Zone use or permit the use of any lot or erect, alter,
use any building or structure except in accordance with the following zone
standards in Tables 6.2, 6.3, 6.4, 6.5, 6.6 and 6.7, below. Any number(s)
following the zone standard, zone heading or description of the standard
indicates an additional Zone requirement. These additional standards are listed
at the end of Tables 6.2, 6.3, 6.4, 6.5, 6.6 and 6.7:
Table 6.2: Standards for the Low Density Residential One (RES1) Zone
Zone
Minimum Lot
Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
RES1-1
700.0 m2
18.0 m
7.5 m
7.5 m
1.2 m (1)
7.5 m
11.0 m
RES1-2
460.0 m2 (2)
15.0 m (3)
6.0 m
3.0 m (4)
1.2 m (5)
7.5 m
11.0 m
RES1-3
415.0 m2 (6)
13.7 m (7)
6.0 m
3.0 m (4)
1.2 m (5)
7.5 m
11.0 m
RES1-4
370.0 m2 (8)
12.0 m (9)
6.0 m
3.0 m (4)
1.2 m (5)
7.5 m
11.0 m
RES1-5
310.0 m2 (8)
12.0 m (9)
6.0 m
3.0 m (4)
1.2 m (5)
7.5 m
11.0 m
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
106
SPECIAL PROVISIONS
1.
Shall be increased to 3.0 metres on one side only.
2.
Minimum lot area for a corner lot - 505.0 square metres.
3.
Minimum lot frontage for a corner lot - 16.5 metres.
4.
Minimum required exterior side yard for a private garage or carport - 5.5
metres.
5.
Minimum required interior side yard for a private garage or carport - 1.2
metres. Shall be increased to 3.0 metres on one side only on a lot where no
attached private garage or carport is provided.
6.
Minimum lot area for a corner lot - 465.0 square metres.
7.
Minimum lot frontage for a corner lot - 15.2 metres.
8.
Minimum lot area for a corner lot - 425.0 square metres.
9.
Minimum lot frontage for a corner lot - 13.7 metres.
10.
Minimum lot area for a corner lot - 390.0 square metres.
11.
Minimum lot frontage for a corner lot - 11.7 metres.
Table 6.3: Standards for the Low Density Residential Two (RES2-1) Zone
Building
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
Single
Detached
Dwelling
460.0 m2
(1)
15.0 m (2)
6.0 m
3.0 m (3)
1.2 m (4)
7.5 m
11.0 m
Semi-
Detached
Dwelling
350.0
m2/unit
9.0 m/unit
6.0 m
6.0 m
1.2 m (5)
7.5 m
11.0 m
SPECIAL PROVISIONS
1.
Minimum lot area for a corner lot - 505.0 square metres.
2.
Minimum lot frontage for a corner lot - 16.5 metres.
3.
Minimum required exterior side yard for a private garage or carport - 5.5
metres.
4.
Minimum required interior side yard for a private garage or carport - 1.2
metres. Shall be increased to 3.0 metres on one side only on a lot where no
attached private garage or carport is provided.
5.
Minimum required interior side yard where a lot does not have an attached
private garage or carport on one side - 3.7 metres. Shall be reduced to
zero along the interior side lot line that is also the location of a common wall.
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
107
Table 6.4: Standards for the Low Density Residential Two (RES2-2) Zone
Building
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
Single
Detached
Dwelling
270.0 m2
(1)
9.0 m (2)
6.0 m
3.0 m (3)
1.2 m (4)
7.5 m
11.0 m
Semi-
Detached
Dwelling
300.0
m2/unit (5)
9.0 m/unit
(2)
6.0 m
6.0 m
1.2 m (6)
7.5 m
11.0 m
SPECIAL PROVISIONS
1.
Minimum lot area for a corner lot - 315.0 square metres.
2.
Minimum lot frontage for a corner lot - 10.5 metres per dwelling unit.
3.
Minimum required exterior side yard for a private garage or carport - 5.5
metres.
4.
Minimum required interior side yard for a private garage or carport - 1.2
metres. Shall be increased to 3.0 metres on one side only on a lot where no
attached private garage or carport is provided.
5.
Minimum lot area for an end unit on a corner lot or an end unit abutting an -
350.0 square metres.
Minimum lot area on an interior lot with two semi-detached dwelling units -
600.0 square metres.
Minimum lot area on a corner lot with two semi-detached dwelling units -
650.0 square metres.
6.
Minimum required interior side yard for an attached private garage or
carport - 1.2 metre.
Minimum required interior side yard where a lot does not have an attached
private garage or carport on one side - 3.0 metres.
Shall be reduced to zero along the interior side lot line that is also the
location of a common wall.
Table 6.5: Standards for the Medium Density Residential (RES3) Zone
Building
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
Single
Detached
Dwelling
270.0 m2
(1)
9.0 m (2)
6.0 m
3.0 m (3)
1.2 m (4)
7.5 m
11.0 m
Semi-
Detached
Dwelling
300.0
m2/unit (5)
9.0 m/unit
(6)
6.0 m
6.0 m
1.2 m (7)
7.5 m
11.0 m
Triplex
Dwelling
550.0 m2
(9)
18.0 m
(10)
6.0 m
3.0 m (8)
2.0 m (11)
7.5 m
11.0 m
Multiple-Unit
Dwelling
4,000.0 m2
50.0 m
7.5 m
7.5 m
6.0 m (12)
6.0 m (13)
11.0 m
Street
townhouse
Dwelling
180.0
m2/unit (14)
6.0 m/unit
(15)
6.0 m
3.0 m
2.0 m (16)
7.5 m
11.0 m
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
108
SPECIAL PROVISIONS
1.
Minimum lot area for a corner lot - 315.0 square metres.
2.
Minimum lot frontage for a corner lot - 10.5 metres per dwelling unit.
3.
Minimum required exterior side yard for a private garage or carport - 5.5
metres.
4.
Minimum required interior side yard for a private garage or carport - 1.2
metres. Shall be increased to 3.0 metres on one side only on a lot where no
attached private garage or carport is provided.
5.
Minimum lot area for an end unit on a corner lot - 350.0 square metres.
Minimum lot area on an interior lot with two semi-detached dwelling units -
600.0 square metres.
Minimum lot area on a corner lot with two semi-detached dwelling units -
650.0 square metres.
6.
Minimum lot frontage for an end unit on a corner lot - 10.5 metres.
Minimum lot frontage for an interior lot with two semi-detached dwelling
units - 18.0 metres.
Minimum lot frontage for a corner lot with two semi-detached dwelling units
- 19.5 metres.
7.
Minimum required interior side yard for an attached private garage or
carport - 1.2 metre.
Minimum required interior side yard where a lot does not have an attached
private garage or carport on one side - 3.0 metres.
Shall be reduced to zero along the interior side lot line that is also the
location of a common wall.
8.
Minimum required exterior side yard for an attached private garage or
carport - 5.5 metres.
9.
Minimum lot area for a corner lot - 600.0 square metres.
10.
Minimum lot frontage for a corner lot - 19.0 metres.
11.
Minimum required interior side yard where a lot does not have an attached
private garage or carport on one side - 3.0 metres.
12.
Minimum required interior side yard abutting a street townhouse dwelling -
3.0 metres;
Minimum required interior side yard abutting a single detached dwelling or
semi-detached dwelling - 7.5 metres.
13.
Minimum required interior side yard abutting a street or a single detached
dwelling or semi-detached dwelling - 7.5 metres.
14.
Minimum lot area for an end unit on an interior lot - 240.0 square metres;
Minimum lot area for a corner lot - 270.0 square metres;
Minimum required amenity area on a lot - 36.0 square metres.
15.
Minimum lot frontage for an end unit on an interior lot - 8.0 metres;
Minimum lot frontage for a corner lot - 9.0 metres.
16.
Required on one side of an end unit only.
Municipality of Port Hope Zoning By-law
August 2023
Part 6 - Residential Zones
109
Table 6.6: Standards for the High Density Residential (RES4) Zone
Building
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
Apartment
Dwelling
1.0 ha
60.0 m
7.5 m (1)
7.5 m (1)
7.5 m (1)
7.5 m (1)
n/a
Multiple-Unit
Dwelling
4,000.0 m2
50.0 m
7.5 m
7.5 m
6.0 m (2)
6.0 m (3)
11.0 m
Street
Townhouse
Dwelling
180.0
m2/unit (4)
6.0 m/unit
(5)
6.0 m
3.0 m
2.0 m (6)
7.5 m
11.0 m
Long term
Care Home
and
Retirement
Home
n/a
n/a
6.0 m
6.0 m
7.5 m
7.5 m
11.0 m
SPECIAL PROVISIONS
1.
Plus an additional 1.0 metre for every 3.0 metres or part thereof by which
the apartment building exceeds a height of 15.0 metres.
2.
Minimum required interior side yard abutting a street townhouse dwelling -
3.0 metres;
Minimum required interior side yard abutting a single detached dwelling or
semi-detached dwelling - 7.5 metres.
3.
Minimum required interior side yard abutting a street or a single detached
dwelling or semi-detached dwelling - 7.5 metres.
4.
Minimum lot area for an end unit on an interior lot - 240.0 square metres;
Minimum lot area for a corner lot - 270.0 square metres;
Minimum required amenity area on a lot - 36.0 square metres.
5.
Minimum lot frontage for an end unit on an interior lot - 8.0 metres;
Minimum lot frontage for a corner lot - 9.0 metres.
6.
Required on one side only.
Table 6.7 - Standards for Ward 2 Residential Zones
Zone
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Lot
Coverage
Minimum
Landscaped
Open Space
Maximum
Height
RESV1
2,800.0 m2
30.0 m
10.0 m
10.0 m
3.0 m
10.0 m
30%
30%
11.0 m
RESV2
8,000.0 m2
30.0 m
12.0 m
12.0 m
3.0 m
12.0 m
30%
30%
11.0 m
RESR
4,000.0 m2
45.0 m
15.0 m
15.0 m
6.0 m
15.0 m
30%
30%
11.0 m
RESE
6,000.0 m2
45.0 m
15.0 m
15.0 m
6.0 m
15.0 m
30%
30%
11.0 m
Municipality of Port Hope Zoning By-law
August 2023
Part 7 - Commercial Zones
110
PART 7 - COMMERCIAL ZONES
7.1
LIST OF APPLICABLE ZONES
Neighbourhood Commercial
General Commercial
COM1
COM2
Downtown Commercial
COM3
Rural Commercial
COMR
Hamlet Commercial
COMV
7.2
GENERAL PROHIBITION
No person shall, within any Commercial Zone, use or permit the use of any land,
or erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in Table 7.1, in accordance with the standards contained in
Table 7.2, the General Provisions contained in Part 4 and the Parking and
Loading provisions contained in Part 5 of this By-law.
7.3
PERMITTED USES
Uses permitted in a Commercial Zone are denoted by the symbol 'X' in the
column applicable to that Zone and corresponding with the row for a specific
permitted use in Table 7.1, below. Any number(s) following the symbol 'X', zone
heading, or identified permitted use indicates that one or more conditions apply
to the use noted or, in some cases, to the entire Zone. Conditions are listed at
the end of the Permitted Use Table:
Table 7.1: Permitted Uses
USE
COM1
COM2
COM3
COMR
COMV
Animal Clinic
X
X
X
Apartment dwelling
Art Gallery
Assembly Hall
Auctioneer's Establishment
X
X
X
X
X
X
X
X
Billiard Hall
X
X
X
X
Building Supply Outlet
Professional Office
X
X
X
X
X
X
X
Camping Establishment
Commercial Fitness Centre
X
X
X
X
X
Country Inn
Child care centre
X
X
X
X
X
Dog and other pet daycare
Drive-through Service Facility (1)
Dry Cleaners Distribution Station
Dwelling, Accessory (2)
Emergency Service Facility
Farm Implement Dealer
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Municipality of Port Hope Zoning By-law
August 2023
Part 7 - Commercial Zones
111
USE
COM1
COM2
COM3
COMR
COMV
Financial Institution
X
X
X
Food truck
X
X
X
X
X
Funeral Home
X
X
Greenhouse, Commercial
X
X
Hotel
X
X
X
Laundry Establishment
X
X
Library
X
X
Medical Office
X
X
X
X
Micro-brewery
X
X
Micro-distillery
X
X
Miniature Golf Course
X
Motel
X
X
Motor Vehicle Dealership
X
X (4)
Motor Vehicle Body Shop
X
X (4)
X (4)
X (4)
Motor Vehicle Gasoline Bar
X
X (4)
X (4)
X (4)
Motor Vehicle Repair Garage
X
X (4)
X (4)
X (4)
Motor Vehicle Service Station
X
X (4)
X (4)
X (4)
Motor Vehicle Washing Establishme
X
Multiple unit dwelling
X
Museum
X
X
Nursery
X
Outside Display and Sales Area,
Accessory (3)
X
X
X
X
Parking Lot, Commercial
X
Personal Service Shop
X
X
X
X
X
Pet Grooming
X
X
X
X
X
Place of Amusement
X
X
X
Place of Entertainment
X
X
X
Place of Worship
X
Printing or Publishing Establishment
X
X
X
Private Club
X
X
X
Recreational Trailer, Vehicle or Boat
Sales Establishment
X
X
Resort Establishment
X
Restaurant
X
X
X
X
X
Restaurant, Take-Out
X
X
X
X
X
Retail Store
X
X
X
X
X
School, Commercial
X
X
X
Service Shop
X
X
X
Specialty Food Store
X
X
X
X
Studio
X
X
X
Supermarket
X
Taxi Service Depot/Dispatch
Establishment
X
X
X
Theatre
X
X
X
Trade and Convention Centre
X
Transit Station
X
X
X
nt
SPECIAL PROVISIONS
1.
Maximum number of drive-through service facilities permitted on a lot - 2.
2.
Subject to Section 4.2.2 (Accessory dwellings in Commercial Zones)
3.
Subject to Section to 4.22 (Outdoor Display and Sales) of this By-law.
4.
Only legally existing uses and related floor area as of the date of the
passing of this By-law.
Municipality of Port Hope Zoning By-law
August 2023
Part 7 - Commercial Zones
112
7.4
ZONE STANDARDS
No person shall within any Commercial Zone use or permit the use of any lot or
erect, alter or use any building or structure except in accordance with the zone
standards in Table 7.2, below. Any number(s) following the zone standard, zone
heading or description of the standard indicates an additional Zone requirement.
These additional standards are listed at the end of Table 7.2:
Table 7.2: Zone Standards in the Commercial Zones
Zone
Minimum Lot
Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Height
COM1
Twice the net
floor area
n/a
6.0 m
7.5 m
6.0 m
6.0 m
11.0 m
COM2
3,700.0 m2
60.0 m
3.0 m
7.5 m (1)
0.0 m (1)
0.0 m (1)
11.0 m
COM3
n/a
30.0 m
n/a
n/a
(2)
n/a
14.0 m (3)
COMR
6,000.0 m2
30.0 m
15.0 m
15.0 m
12.0 m
15.0 m
10.0 m
COMV
3,000.0 m2
30.0 m
10.0 m
10.0 m
10.0 m
10.0 m
10.0 m
SPECIAL PROVISIONS
1.
Minimum required yard abutting a Residential Zone - 9.0 metres.
2.
Minimum required interior side yard for that portion of a mixed use building
that contains dwelling units which have openings to habitable rooms facing
the interior side lot line - 4.5 metres.
3.
Minimum building height - 7.5 metres.
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
113
PART 8 - EMPLOYMENT ZONES
8.1
LIST OF APPLICABLE ZONES
General Employment
Service Employment
Rural Employment
Extractive
EMP1
EMP2
EMPR
EMPX
Power Generation
EMPG
Waste Management
EMPW
8.2
GENERAL PROHIBITION
No person shall, within any Employment Zone, use or permit the use of any land,
or erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in Table 8.1 and in accordance with the standards contained in
Table 8.2, the General Provisions contained in Part 4 and the Parking and
Loading Provisions contained in Part 5 of this By-law.
8.3
PERMITTED USES
Uses permitted in an Employment Zone are denoted by the symbol 'X' in the
column applicable to that Zone and corresponding with the row for a specific
permitted use in Table 8.1, below. Any number(s) following the symbol 'X', zone
heading, or identified permitted use, indicates that one or more conditions apply
to the use noted or, in some cases, to the entire Zone. Conditions are listed at
the end of the Permitted Use Table 8.1:
Table 8.1: Permitted Uses in the Employment Zones
USE
EMP1
EMP2
EMPR
EMPX
EMPG
EMPW
Abattoir
X
Agricultural Support Use
X
Agricultural Warehouse
Animal Clinic
X
Animal Shelter
X
X
Assembly Hall
X
X
Banquet Hall
X
X
Building Supply Outlet
X
X
Professional Office
X
X
X
Commercial Fitness Centre
X
X
Conservation Use
X
Contractor's Supply
Establishment
X
X
Contractor's Yard
X
X
Data Processing Use
X
X
Dog and other pet daycare
X
Drive-Through Service
Facility
X
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
114
USE
EMP1
EMP2
EMPR
EMPX
EMPG
EMPW
Dry Cleaner's Distribution
Station
X
Dry Cleaning Establishment
X
X
Dry Industrial Use
X
X
X
X
Emergency Service Facility
X
X
X
X
Equipment Sales and Rental
Establishment
X
X
Farm
X
X
X
X
Farm Implement Dealer
X
X
X
Financial Institution
X
Food Truck
X
X
X
Funeral Home
X
Hotel
X
Industrial Use
X
X
Laboratory
X
Landscaping Operation
X
X
Laundry Establishment
X
X
Micro-brewery
X
X
Micro-distillery
X
X
Mineral Aggregate Resource
Operation
X
Motel
X
Motor Vehicle Body Shop
X
X
Outdoor Display and Sales
Area, Accessory (4)
X
X
X
Outdoor Storage, Accessory
(5)
X
X
X
X
X
Personal Service Shop
X (3)
Pet Grooming
X
Power Generation Facility
X
Place of Entertainment
X
Printing and Publishing
Establishment
X
X
X
Private Club
X
Public Works Yard
X
X
Research and Development
X
Restaurant
X
Retail Store, Accessory
X (1)
X (1)
X (1)
Salvage Yard
X (2)
X
Saw and/or Planing Mill
X
School, Commercial
X
X (3)
School, Private
X (3)
Service Shop
X
X (3)
Studio
X
Taxi Service Depot/ Dispatch
Establishment
X
X
Warehouse
X
X
X
Waste Composting Facility
X
Waste Management Facility
X
Waste Recycling Facility
X
X
Waste Transfer Facility
X
SPECIAL PROVISIONS
1.
Maximum permitted net floor area - The greater of 10% of the net floor area
of the principal use or 75.0 square metres.
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
115
2.
Only legally existing uses as of the date of passing of this By-law, are
permitted.
3.
Provided the use occupies no more than 20% of the net floor area of a the
building in which it is located if such building is divided into multiple
independent employment uses
4.
Subject to Section 4.22 (Outdoor Display and Sales) of this By-law.
5.
Subject to Section 4.23 (Outdoor Storage) of this By-law.
8.4
ZONE STANDARDS
No person shall within any Employment Zone use or permit the use of any lot or
erect, alter, use any building or structure except in accordance with the zone
standards in Table 8.2, below. Any number(s) following the zone standard, zone
heading or description of the standard indicates an additional Zone requirement.
These additional standards are listed at the end of Table 8.2.
Table 8.2: Zone Standards in the Employment Zones
Zone
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear
Yard
Maximum
Lot
Coverage
Maximum
Height
EMP1
Municipal Sewage
Services and
Municipal Water
Services
n/a
30.0 m
15.0 m (1)
15.0 m (1)
3.0 m (2)
12.0 m (3)
n/a
n/a
EMP1
One or both of
Individual on-site
Sewage Services
and Individual on-
site Water
Services
4,000.0 m2
30.0 m
20.0 m
20.0 m
10.0 m
15.0 m
50%
12.0 m
EMP2
Municipal Sewage
Services and
Municipal Water
Services
4,000.0 m2
45.0 m
15.0 m (1)
15.0 m (1)
3.0 m (2)
12.0 m (3)
n/a
12.0 m
EMP2
One or both of
Individual on-site
Sewage Services
and Individual on-
site Water
Services
4,000.0 m2
30.0 m
20.0 m
20.0 m
10.0 m
15.0 m
50%
12.0 m
EMPR
4,000.0 m2
30.0 m
20.0 m
20.0 m
10.0 m
15.0 m
50%
12.0 m
EMPX
n/a
n/a
30.0 m
15.0 m
15.0 m
30.0 m
n/a
n/a
EMPG
n/a
n/a
15.0 m
15.0 m
6.0 m
15.0 m
30%
11.0 m
EMPW
n/a
n/a
100.0 m
15.0 m
6.0 m
15.0 m
30%
11.0 m
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
116
SPECIAL PROVISIONS
1.
Minimum required yard abutting any Zone that is not an Employment, Open
Space (OS) or Major Recreational (OSR) Zone - 24.0 metres.
2.
Minimum required yard abutting any Zone that is not an Employment, Open
Space (OS) or Major Recreational (OSR) Zone - 18.0 metres.
3.
Minimum required yard abutting any Zone that is not an Employment, Open
Space (OS) or Major Recreational (OSR) Zone - 21.0 metres.
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
117
PART 9 - COUNTRYSIDE ZONES
9.1
LIST OF APPLICABLE ZONES
Agricultural
A
Rural
RU
Oak Ridges Moraine - Core
ORM-C
Oak Ridges Moraine -
Environmental Protection
ORM-EP
Oak Ridges Moraine - Extractive Industrial
ORM-MX
Oak Ridges Moraine - Linkage
ORM-L
Oak Ridges Moraine - Rural
ORM-RU
Oak Ridges Moraine - Village
ORM-V
9.2
GENERAL PROHIBITION
No person shall, within any Countryside Zone, use or permit the use of any land,
or erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in Table 9.1 and in accordance with the standards contained in
Table 9.2, the General Provisions contained in Part 4 and the Parking and
Loading Provisions contained in Part 5 of this By-law.
9.3
PERMITTED USES
Uses permitted in the Countryside Zones are denoted by the symbol 'X' in the
column applicable to that Zone and corresponding with the row for a specific
permitted use in Table 9.1, below. Any number(s) following the symbol 'X', zone
heading, or identified permitted use, indicates that one or more conditions apply
to the use noted or, in some cases, to the entire Zone. Conditions are listed at
the end of the Permitted Use Table 9.1:
Table 9.1: Permitted Uses in the Countryside Zones
USE
A
RU
ORM-
C
ORM-
EP
ORM-
MX
ORM-
L
ORM-
RU
ORM-
V
One Additional Residential
Unit (7)
X
X
X
X
Two Additional Residential
Units
X
X
Bed and Breakfast
Establishment
X
X
X
X
Cannabis Related,
Outdoor
X (10)
X (10)
X (10)
X (10)
X (10)
Conservation Use
X
X
X
X (2)
X
X
X
Country Inn (5)
X
X
X
Custom Workshop
X (3)
X (3)
Dog and other pet daycare
X
X
X
Dwelling, Single Detached
X
X
X (H5)
X (H5)
X (H5)
(H5)
X (H5)
X (H5)
X
X
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
118
USE
A
RU
ORM-
C
ORM-
EP
ORM-
MX
ORM-
L
ORM-
RU
ORM-
V
Equestrian Centre
X
X
X
Farm
X
X
X
X
X
X
Farm Employee
Accommodation,
X (4)
X (4)
Farm experience and
education activity
X (8)
X (8)
X (8)
Farm event venue (short
term)
X (11)
X (11)
X (11)
Farm Produce Outlet,
X
X
X
X
X
Farm processing - value
added
X (9)
X (9)
X (9)
Farm Vacation Home
X
X
X
X
Food Truck
X
X
X
X
Forest Management
X
X
Greenhouse, Commercial
X
X
X
X
Home Industry
X (6)
X (6)
Home Occupation
X (3)
X (3)
X (3)
X (3)
X (3)
X (3)
Kennel
X (1)
Mineral Aggregate
Resource Operation
X
Park, Public
X
X
X
X (2)
X
X
X
Pet Grooming
X
X
X
X
Home child care
X
X
X
X
X
X
Residential hospice
X
X
x
X
X
Shared housing,
supervised (small scale)
X
X
x
X
X
Shared Housing (Small
Scale)
X
Legal existing uses on
November 15, 2001
X
X
X
X
X
X
SPECIAL PROVISIONS
1.
Only legally existing uses as of the date of passing of this By-law.
2.
No buildings or structures are permitted, unless for flood or erosion control.
3.
Subject to Section 4.13 (Home Occupations and Custom Workshop) of this
By-law.
4.
Subject to Section 4.3 (Farm Employee Accommodation) of this By-law.
5.
Maximum six guestrooms permitted
6.
Subject to Section 4.12 (Home Industries) of this By-law.
7.
Subject to Section 4.2.1 (Additional Residential Units)
8.
The minimum lot area required is 4.0 hectares and the use is permitted
provided that no less than 40% of the lot is in active agricultural use. The
area of the farm that is used for the farm experience and education activity
shall not exceed 2% of the lot area and buildings and structures used for the
farm experience and education activity shall not exceed 20% of the
permitted 2% of the lot area. Included in the 2% of the lot area calculation
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
119
are the laneways and driveways accessing the farm experience and
education activity if not shared with the principal use of the lot as a farm,
paved parking and loading areas associated with the use, the floor area of
all buildings and structures constructed after April 30, 2014 which will be
used for the use and any outdoor storage areas, patio areas and areas
used for infrastructure that exclusively supports the use such as stormwater
management ponds, firefighting ponds and tile fields. The floor area of
buildings and structures constructed before April 30, 2014 is not counted in
the 2% of the lot area calculation or in the 20% of the 2% of lot area
calculation.
9.
The farm processing - value added use shall result in a product where the
majority of the components or ingredients of the final product that are
processed, preserved, packaged and/or stored come from the farm. The
minimum lot area required is 4.0 hectares and the use is permitted provided
that no less than 40% of the lot is in active agricultural use. The area of the
farm that is used for the farm processing - value added use shall not exceed
2% of the lot area and buildings and structures used for the farm processing
- value added use shall not exceed 20% of the permitted 2% of the lot area.
Included in the 2% of the lot area calculation are the laneways and
driveways accessing the farm processing - value added use if not shared
with the principal use of the lot as a farm, paved parking and loading areas
associated with the use, the floor area of all buildings and structures
constructed after April 30, 2014 which will be used for the use and any
outdoor storage areas, patio areas and areas used for infrastructure that
exclusively supports the use such as stormwater management ponds,
firefighting ponds and tile fields. The floor area of buildings and structures
constructed before April 30, 2014 is not counted in the 2% of the lot area
calculation or in the 20% of the 2% of lot area calculation.
10.
Edge of cultivation area shall be set back a minimum of 300 metres from
residential and institutional buildings on nearby lots.
11.
The minimum lot area required is 4.0 hectares. The area of the farm that is
used for the farm event venue (short term) shall not exceed 2% of the lot
area and buildings and structures used for the farm event venue (short
term) shall not exceed 20% of the permitted 2% of the lot area. Included in
the 2% of the lot area calculation are the laneways and driveways accessing
the farm event venue (short term) if not shared with the principal use of the
lot as a farm, paved parking and loading areas associated with the use, the
floor area of all buildings and structures constructed after April 30, 2014
which will be used for the use and any outdoor storage areas, patio areas
and areas used for infrastructure that exclusively supports the use such as
stormwater management ponds, firefighting ponds and tile fields. The floor
area of buildings and structures constructed before April 30, 2014 is not
counted in the 2% of the lot area calculation or in the 20% of the 2% of lot
area calculation.
Municipality of Port Hope Zoning By-law
August 2023
Part 9 - Countryside Zones
120
9.4
ZONE STANDARDS
No person shall within any Countryside Zone use or permit the use of any lot or
erect, alter or use any building or structure except in accordance with the zone
standards in Table 9.2, below. Any number(s) following the zone standard, zone
heading or description of the standard indicates an additional Zone requirement.
These additional standards are listed at the end of Table 9.2:
Table 9.2: Zone Standards in the Countryside Zones
Zone
Minimum
Lot
Frontage
Minimum
Lot Area
Minimum
Required
Front Yard
Minimum
Required
Exterior
Side Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Rear Yard
Maximum
Height
Maximum
Lot
Coverage
A
165.0 m
40.0 ha
15.0 m
15.0 m
15.0 m (1)
15.0 m
10.0 m
10% (2)
RU
165.0 m
40.0 ha
15.0 m
15.0 m
15.0 m (1)
15.0 m
10.0 m
10% (2)
ORM-C
(3)
165.0 m
40.0 ha
15.0 m
15.0 m
6.0 m
15.0 m
12.0 m
30% (4)
ORM-EP
(3)
165.0 m
40.0 ha
15.0 m
15.0 m
6.0 m
15.0 m
12.0 m
30% (4)
ORM-L
(3)
165.0 m
40.0 ha
15.0 m
15.0 m
6.0 m
15.0 m
12.0 m
30% (4)
ORM-MX
(3)
165.0 m
40.0 ha
30.0 m
30.0 m
15.0 m
15.0 m
n/a
30% (4)
ORM-RU
(3)
165.0 m
40.0 ha
15.0 m
15.0 m
6.0 m
15.0 m
12.0 m
30% (4)
ORM-V
(3)
30.0 m
2,800.0 m2
10.0 m
10.0 m
6.0 m
10.0 m
12.0 m
30% (4)
SPECIAL PROVISIONS
1.
Minimum required interior side yard for a single detached dwelling - 6.0
metres.
2.
Maximum lot coverage for a single detached dwelling - 30%.
3.
Maximum ground floor area permitted for a non-agricultural building or
structure - As it existed on November 15, 2001.
Maximum permitted increase in gross floor area for a non-agricultural
building or structure - 100% of the ground floor area that existed on
November 15, 2001.
4.
Subject to Section 11.2 (Landform Conservation Area) for those lands
indicated on Schedule'C-2' of this By-law.
Municipality of Port Hope Zoning By-law
August 2023
Part 10 - Other Zones
121
PART 10 - OTHER ZONES
10.1
LIST OF APPLICABLE ZONES
Institutional - Urban
IU
Institutional - Rural
IR
Open Space
Major Recreational
Environmental Protection
OS
OSR
EP
Future Development
Future Development - Waterfront
Transportation
FD
FD-W
T
10.2
GENERAL PROHIBITION
No person shall, within any Institutional, Open Space, Environmental Protection,
Future Development or Transportation Zone, use or permit the use of any land,
or erect, alter, enlarge, use or maintain any building or structure for any use other
than as permitted in Table 10.1, in accordance with the standards contained in
Table 10.2, the General Provisions contained in Part 4 and the Parking and
Loading Provisions contained in Part 5 of this By-law.
10.3
PERMITTED USES
Uses permitted in any Institutional, Open Space, Environmental Protection,
Future Development or Transportation Zone are denoted by the symbol 'X' in the
column applicable to that Zone and corresponding with the row for a specific
permitted use in Table 10.1, below. Any number(s) following the symbol 'X',
zone heading, or identified permitted use, indicates that one or more conditions
apply to the use noted or, in some cases, to the entire Zone. Conditions are
listed at the end of the Permitted Use Table 10.1:
Table 10.1: Permitted Uses in the Other Zones
USE
IU
IR
OS
OSR
EP
FD
FD-W
T
Activities related to the
principal use of the lands as
a rail corridor
X
Arena
X
X
X (5)
Art Gallery
X
X
Assembly Hall
X
X
X
Professional Office,
X
X
X
Accessory
Camping Establishment
X
Cemetery
X
X
Commercial Fitness Centre
X
Community Centre
X
X
X (5)
Municipality of Port Hope Zoning By-law
August 2023
Part 10 - Other Zones
122
USE
IU
IR
OS
OSR
EP
FD
FD-W
T
Community Centre, Private
X
X
X
Conservation Use
X
X (2)
X (6)
Custom Workshop (4)
X
Child care centre,
Accessory
X
X
Dwelling Unit, Accessory
X (3)
X (3)
Emergency Housing
X
X
Emergency Service Facility
X
X
Equestrian Facility
X
Farm
X (1)
X (1)
X (1)
X (6)
Golf Course
X
Golf Driving Range
X
Home Occupation (4)
X
Hospital
X
X
Library
X
X
Long term care home
X
Marina
X (5)
X
Miniature Golf Course
X
Mountain Biking Facility
X
Museum
X
X
X (5)
Park, Private
X
X
X
X
X (2)
X (6)
Park, Public
X
X
X
X (2)
Personal Service Shop
X
Place of Worship
X
X
Public Works Yard
X
X
Restaurant
X
Retail Store
X
Retirement Home
X
School, Commercial
X
School, Private
X
X
School, Public
X
X
Studio
X
X
X
Uses legally existing on the
effective date of this By-law
X
X (6)
SPECIAL PROVISIONS
1.
Only farms and farm buildings that existed on the effective date of this By-
law are permitted.
2.
No buildings, structures and site alteration are permitted, unless for flood or
erosion control.
3.
Permitted only as an accessory use to a place of worship.
4.
Subject to Section 4.13 (Home Occupations and Custom Workshop) of this
By-law.
5.
If operated as a public use by the Municipality.
6. 'D-W' - Future Development Waterfront Zone is an 'Interim Zone'
recognizing all existing uses on the lands as well as associated with Public
Recreation, and that lands within this zone shall be subject to a future public
process to identify a range of permitted uses as approved by Council.
Municipality of Port Hope Zoning By-law
August 2023
Part 10 - Other Zones
123
10.4
ZONE STANDARDS
No person shall within any Institutional, Open Space, Environmental Protection,
Future Development or Transportation Zone use or permit the use of any lot or
erect, alter, use any building or structure except in accordance with the following
zone standards. Any number(s) following the zone standard zone heading or
description of the standard indicates an additional Zone requirement. These
additional standards are listed at the end of Table 10.2:
Table 10.2: Zone Standards
Zone
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Maximum
Lot
Coverage
Maximum
Height
IU
n/a
n/a
6.0 m
7.5 m
6.0 m
6.0 m
n/a
19.0 m
IR
3,000 m2
30.0 m
15.0 m
15.0 m
10.0 m
15.0 m
40%
11.0 m
OS
n/a
n/a
6.0 m
7.5 m
7.5 m
6.0 m
n/a
11.0 m
OSR
n/a
n/a
6.0 m
7.5 m
7.5 m
6.0 m
n/a
11.0 m
EP
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
FD
n/a
n/a
15.0 m
15.0 m
6.0 m
15.0 m
30%
n/a
FD-W
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
T
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Municipality of Port Hope Zoning By-law
August 2023
Part 11 - Overlay Zones
124
PART 11 - OVERLAY ZONES
Notwithstanding any other provision of this By-law to the contrary, within the
areas shown on the Schedules to this By-law as being within one of the following
Overlay Zones, the following provisions shall additionally apply to or, where
applicable, supersede the parent Zone standards on lands within the applicable
Overlay Zone.
11.1
ENVIRONMENTAL PROTECTION - FLOODPLAIN (EP-F) ZONE
a)
Within the Environmental Protection - Floodplain (EP-F)
Overlay Zone as shown on Schedules 'A' and 'B' to this By-
law, no land shall be used and no buildings or structures
shall be erected or used except for those in accordance with
any regulations of, and subject to the approval of, the
Municipality (satisfactory to the policies of Section C5.1.1 of
the Official Plan), the Ganaraska Region Conservation
Authority and, where applicable, pursuant to the Lakes and
Rivers Improvement Act, R.S.O. 1990, c.L.13, as amended,
the Fisheries Act, R.S.C. 1985, C.F-14, as amended, or the
Public Lands Act, R.S.O. 1990, c.P.43, as amended.
b)
Any use, building or structure that legally existed onthe
effective date of this By-law:
i)
Shall be subject to the provisions of Sections 4.18
and 4.20 of this By-law;
ii)
The minimum elevation for any door, window or other
opening for any building or structure within 30 metres
of the 72.9 metres G.S.C. elevation shall be 73.2
metres; and,
c)
The minimum elevation for any door, window or other
opening for any other building or structure within the
Municipality shall be equal to the dry floodproofing elevation
as determined by the Ganaraska Region Conservation
Authority.
Municipality of Port Hope Zoning By-law
August 2023
Part 11 - Overlay Zones
125
11.2
LANDFORM CONSERVATION AREA
For lands within a Class 1 or Class 2 Landform Conservation Area as shown on
Schedule 'C-2' to this By-law, the following additional specific Zone Standards
shall apply:
11.2.1
Class 1 Landform Conservation Areas
a)
Maximum permitted net developable area of the site
that can be disturbed is not more than 25 per cent of
the total area of the site.
b)
Maximum percentage of permitted net developable
area of the site that can have impervious surfaces is
15 per cent of the total area of the site.
11.2.2
Class 2 Landform Conservation Areas
a)
Maximum permitted net developable area of the site
that can be disturbed is not more than 50 per cent of
the total area of the site.
b)
Maximum percentage of permitted net developable
area of the site that can have impervious surfaces is
20 per cent of the total area of the site.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
126
PART 12 - EXCEPTIONS
12.1
Where a Zone symbol is followed by a set of brackets and a number contained
within those brackets - for example, A(1) - the provisions of this By-law are
modified for the lands to which the zone exception applies as set out in Table
12.1, below.
In Table 12.1:
12.1.1 Column 1 identifies the Zone(s) subject to the exception;
12.1.2 Column 2 sets out the exception number, amending By-law
number and map location of each exception which
corresponds to an area of the Municipality identified on the
Zoning Schedules by the same number, contained within a
set of brackets following a Zone symbol, denoting an
exception;
12.1.3 Column 3 sets out the additional uses permitted in the zone
exception, if applicable;
12.1.4 Column 4 sets out the only uses permitted in the zone
exception, if applicable;
12.1.5 Column 5 sets out the prohibited uses in the zone exception,
if applicable; and,
12.1.6 Column 6 sets out the new or modified standards for the
zone exception, if applicable.
All other provisions of the zone, unless specifically modified or amended by this
Part, continue to apply to the lands subject to this Section.
Table 12.1: Site-specific Exceptions
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
A
ORM-
EP
ORM-
V
1
(3350)
(B-Various)
(i) Any dwelling unit.
IR
2
(3350)
(B-23)
(i)
Places of
worship;
(ii)
Guest house,
accessory.
(i)
Maximum lot
coverage for all
buildings - 10%
(ii) Minimum required
landscaped open
space - 30%
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
127
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RESV
1
3
(3376)
(B-23)
(i)
Minimum required
gross floor area for a
dwelling unit - 186.0
metres;
(ii) For the purposes of
this Zone, the
minimum gross floor
area shall not include
the basement or
cellar.
COM2
4
(3427)
(3448)
(66/2005)
(B-18)
(i)
Assembly hall;
(ii) Banquet hall;
(iii) Building supply
outlet;
(iv) Professional
office;
(v) Dry cleaner's
distribution
station;
(vi) Hotel;
(vii) Medical office;
(viii) Motel;
(ix) Motor vehicle
gasoline bar;
(x) Motor vehicle
service station;
(xi) Motor vehicle
washing
establishment;
(xii) Outside display
and sales area,
accessory;
(xiii) Personal service
shop;
(xiv) Place of
entertainment;
(xv) Private club;
(xvi) Retail store;
(xvii) Restaurant;
(xviii) Restaurant,
take-out.
A
RU
5
(68/2008)
(B-19)
(i)
Retail store.
(i)
Maximum gross floor
area for a retail store
- 353.0 square
metres.
EMP1
6
(20/2010)
(B-18)
(i)
Salvage yard.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
128
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RES3
7
(2965/75)
(A-11)
(i)
Maximum height -
3.7 metres.
OS
8
(3132/78)
(A-9)
(i)
Assembly hall;
(ii) Museum;
(iii) Accessory
dwelling units
on the second
storey only.
(i)
Maximum number of
accessory dwelling
units - 1;
ii)
Maximum number of
buildings permitted -
1.
COM2
9
(46/85)
(A-3)
(i)
An accessory
dwelling unit is
permitted within a
building used for a
motor vehicle repair
shop.
RES1-
2
10
(19/87)
(A-13)
(i)
Minimum required
front yard - 45.0
metres.
RES1-
1
11
(20/87)
(A-14)
(i)
Minimum required
front yard - 5.9
metres;
(ii) Minimum required
interior side yard -
2.4 metres.
RES2-
1
12
(12/88)
(A-9)
(i)
The lot shall be
deemed to have
frontage onto Howard
Street until the
Municipality
constructs the future
cross-town road.
COM2
13
(25/89)
(A-9)
(i)
Equipment
sales and rental
establishment;
(ii) Hotel;
(iii) Motel;
(iv) Outdoor display
and sales area,
accessory to an
equipment sales
and rental
establishment;
(v) Place of
entertainment.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
129
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
COM2
14
(78/89)
(59/2001)
(A-11)
(i)
Motor vehicle
gas bar;
(ii) Motor vehicle
service station.
(i)
Minimum required
number of parking
spaces for a shopping
centre - 1 space/18.6
square metres gross
leasable floor area;
(ii) Minimum required
number of parking
space for a
professional office -
1 space/33.8 square
metres gross leasable
floor area;
(iii) Minimum required
number of barrier-free
parking space - 6.
RES2-
1
15
(35/90)
(A-6)
(i)
For the purposes of
this Zone "Height"
shall mean the
vertical distance from
the finished grade
level of the building or
structure to the
highest point of the
building or structure
and for the purposes
of this definition, a
structure shall include
a fence and
freestanding wall.
(ii) For the purposes of
this Zone "Finished
Grade Level" shall
mean the elevation of
the finished surface of
the ground abutting
the external wall of
the building or
structure nearest to a
public street but shall
not include any
embankment in lieu of
steps.
(iii) The building envelope
shall be as delineated
by the dotted lines
shown on Schedule
'C-13' of this By-law.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
130
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
COM1
16
(07/92)
(09/2007)
(A-14)
(i)
Professional
office;
(ii) Dry cleaners
distribution
station;
(iii) Financial
Institution;
(iv) Personal
service shop;
(v) Restaurant;
(vi) Restaurant,
take-out;
(vii) Retail store.
(i)
Maximum lot
coverage - 25%.
COM3
17
(15/92)
(A-6)
(i)
Maximum gross floor
area of a place of
amusement - 204.0
square metres;
(ii) A place of
amusement shall be
limited to the ground
floor area;
(iii) Maximum number of
mechanical or
electronic machines
or devices for use as
a game,
entertainment or
amusement by the
public - 11.
COM2
18
(07/93)
(A-11)
(i)
Retail store.
(i)
Supermarket;
(ii) Drug store.
EMP1
19
(31/93)
(A-12)
(i)
Minimum required
elevation for an
opening - 80.22
metres elevation
G.S.C.;
(ii) All buildings shall be
located outside the
hatched area shown
on Schedule 'C-14' of
this By-law;
(iii) Areas inside of the
hatched area on
Schedule 'C-14' of
this By-law shall be
used only for access
driveways,
landscaped open
space and in-ground
facilities associated
with stormwater or
servicing of the lands.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
131
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
EMP2
20
(47/93)
(37/03)
(A-14)
(i)
Building
supply outlet;
(ii) Motor vehicle
sales and/or
rental
establishment;
(iv) Restaurant,
accessory.
(i)
Parking shall be
permitted in required
front and exterior side
yards;
(ii) Minimum required
planting strip provided
along the south limit
of the Zone - 10.0
metres, and shall
include an earth
berm.
RES2-
1
21
(48/93)
(A-5)
(i)
Minimum required
rear yard - 8.0
metres;
(ii) Maximum lot
coverage - 35%;
(iii) Minimum required
setback from the
centreline of John
Street - 12.0 metres.
RES2-
1
22
(56/93)
(A-6)
(i)
Multiple-unit
dwelling.
(i)
Bed and
breakfast;
(ii) Shared Housing
(Small Scale).
(i)
Maximum number of
dwelling units - 3.
RES3
23
(2901/74)
(A-13)
(i)
Street
townhouse
dwelling;
(ii) Additional
residential units
in accordance
with Section
4.2.1
(i)
All buildings shall be
located within the
hatched area shown
on Schedule 'C-3' of
this By-law.
EMP1
24
(12/95)
(A-13)
(i)
Commercial
fitness centre;
(ii) Private club.
RES4
25
(16/95)
(A-2)
(i)
Apartment
dwelling.
(i)
Maximum number of
dwelling units - 43.
(ii) Minimum required
interior side yard -
6.0 metres;
(iii) Minimum required
number of parking
spaces - 54 spaces,
inclusive of
handicapped stalls;
(iv) 85% of the minimum
required number of
parking spaces shall
be provided below
grade.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
132
COM2
26
(24/95)
(A-11)
(i)
Place of
amusement.
(i)
Maximum gross floor
area of a place of
amusement - 234.7
square metres;
(ii) Location of a place of
amusement -
basement floor level
of the westerly most
building on the
subject property only.
OSR
27
(15/90)
(A-4)
(i)
Minimum lot area -
0.4 hectares;
(ii) Maximum height of a
building or structure -
3.7 metres;
(iii) Maximum height of a
Clubhouse - 3 storey
or 14m (whichever is
the lesser) building
(plus an observation
deck up to 18m);
(iv) Minimum required
landscaped open
space - 5%;
(v) When the lot area of
any block shown on
Schedule 'C-12' of
this By-law is reduced
by 10% or less as a
result of the
registration of a Plan
of Subdivision, the
affected block may
continue to be
developed in
accordance with the
requirements of this
Zone.
RES4
28
(15/90)
(A-4)
(i)
Apartment
dwelling;
(ii) School, public;
(iii) Street
townhouse
dwelling.
(iv) Additional
residential units
in accordance
with Section
4.2.1
1. Zone Standards for
Residential Uses:
(i)
Minimum lot area -
as shown on
Schedule 'C-12' of
this By-law;
(ii) Minimum lot frontage
- as shown on
Schedule 'C-12' of
this By-law;
(iii) Maximum height,
excluding Block 1 and
Block 2 as shown on
Schedule 'C-12' of
this By-law - 4
storeys or 14.0
metres, whichever is
the lesser;
(iv) Maximum height for
Block 1 and Block 2
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
133
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
identified on
Schedule 'C-12' of
this By-law - 2
storeys or 10.0
metres, whichever is
the lesser;
(v) Maximum lot
coverage of all
buildings and
structures - 30%;
(vi) Maximum coverage
by an open parking
area, driveways and
vehicular movement
areas - 25%;
(vii) Maximum number of
dwelling units - Block
1: 36, Block 2: 48,
Block 3: 72, Block 4:
52, Block 5: 52, Block
6: 27, Block 7: 41,
Block 8: 64, Block 12:
5, Block 13: 5;
(viii) All buildings and
structures shall be
erected within the
Building Envelope
delineated on
Schedule 'C-12' of
this By-law.
Notwithstanding the
above, where a 10.0
metre setback is
required for buildings
or structures in Block
2, an accessory
building or structure
shall be permitted up
to but not closer than
6.0 metres of the lot
line;
(ix) Minimum required
landscaped open
space - 30%;
(x) An accessory building
is permitted within
any yard in Block 1
delineated on
Schedule C-12 of this
By-law;
(xi) Maximum height of
an accessory building
on Block 1 as
delineated on
Schedule 'C-12' of
this By-law - 3.7
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
134
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
metres;
(xii) Each parking space
shall have a width of
not less than 2.7
metres and a length
of not less than 5.5
metres;
(xiii) Uncovered parking
areas are permitted in
all yards provided that
no part of any parking
area other than a
driveway is located
within 6.0 metres to
any streetline and is
closer than 3.0
metres to any side lot
line or rear lot line or
within 1.8 metres of
any residential
building located on
the lot;
(xiv) When the lot area of
any block shown on
Schedule 'C-12' of
this By-law is reduced
by 10% or less as a
result of the
registration of a Plan
of Subdivision, the
affected block may
continue to be
developed in
accordance with the
requirements of this
Zone.
2. Zone Standards for
a School:
(i)
Shall be subject to
the standards of the
IU Zone.
COM1
29
(15/90)
(A-4)
(i)
Accessory
dwelling unit;
(ii) Art gallery;
(iii) Professional
office;
(iv) Community
centre;
(v) Dry cleaner's
distribution
station;
(vi) Financial
institution;
(vii) Library;
(i)
Minimum lot area -
as shown on
Schedule 'C-12' of
this By-law;
(ii) Minimum lot frontage
- as shown on
Schedule 'C-12' of
this By-law;
(iii) Maximum height - 3
storeys or 14 metres,
whichever is the
lesser;
(iv) Maximum lot
coverage of all
buildings and
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
135
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(viii) Medical office;
Museum;
(x) Personal service
shop;
(xi) Restaurant;
(xii) Retail store;
(xiii) School,
commercial;
(xiv) Service shop;
(xv) Studio.
(ix)
structures - 30%;
Maximum gross floor
area for residential
uses - twice the
gross floor area for
commercial uses;
(vi) Maximum gross floor
area for commercial
uses within an
individual block -
1,000.0 square
metres;
(vii) Maximum gross floor
area for a retail store
- 260.0 square
metres;
(ix) All buildings and
structures shall be
erected within the
Building Envelope
delineated on
Schedule 'C-12' of
this By-law;
(x) Minimum required
landscaped open
space for a mixed use
building - 30%;
(xi) Minimum required
landscaped open
space for a
commercial building
only - 10%;
(xii) Minimum required
number of parking
spaces for
commercial uses -
1/18.6 sq.m of gross
leasable floor area;
(xiii) Minimum required
number of parking
spaces for residential
uses - 1.5 spaces per
dwelling unit;
(xiv) Each parking space
shall have a width of
not less than 2.7
metres and a length
of not less than 5.5
metres.
(xv) Minimum required
number of loading
spaces - 1;
(xvi) Uncovered parking
areas are permitted in
all yards provided that
(v)
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
136
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
no part of any parking
area other than a
driveway is located
within 6.0 metres of
any street line and no
closer than 2.0
metres of any side lot
line or 4.5 metres of a
rear lot line or within
1.8 metres of any
residential building
located on the lot;
(xvii) When the lot area of
any block shown on
Schedule 'C-12' of
this By-law is reduced
by 10% or less as a
result of the
registration of a Plan
of Subdivision, the
affected block may
continue to be
developed in
accordance with the
requirements of this
Zone.
COM2
30
(15/90)
(A-4)
(i)
Art gallery;
(ii) Assembly Hall;
(iii) Professional
office;
(iv) Club house for a
golf course
situated on
another lot;
(v) Commercial
fitness centre;
(vi) Financial
institution;
(vii) Hotel;
(viii) Library;
(ix) Museum;
(x) Personal service
shop;
(xi) Restaurant;
(xii) Retail store;
(xiii) School, private;
(xv) Studio.
(i)
Minimum lot area -
As shown on
Schedule 'C-12' of
this By-law;
(ii) Minimum lot frontage
- As shown on
Schedule 'C-12' of
this By-law;
(iii) Maximum lot
coverage of all
buildings and
structures - 30%;
(iv) All buildings and
structures shall be
erected within the
Building Envelope
delineated on
Schedule 'C-12' of
this By-law;
(v) Maximum height of a
building or structure -
14.0 metres;
(vi) Maximum gross floor
area for a retail store
- 260.0 square
metres;
(viii) Minimum required
landscaped open
space - 10%;
(ix) Maximum gross
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
137
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
leasable floor area for
uses other than a
hotel, an assembly
hall, restaurant, club
house or other
recreational uses -
1,000.0 square
metres;
(x) Minimum required
number of parking
spaces for those uses
other than a hotel, an
assembly hall, private
club, private school,
public school, club
house and
recreational uses - 1
space/18.6 square
metres of gross
leasable floor area;
(xi) Each parking space
shall have a width of
not less than 2.7
metres and a length
of not less than 5.5
metres;
(xii) Minimum required
number of loading
spaces - 1
space/500.0 square
metres of gross
leasable floor area;
(xiii) When the lot area of
any block shown on
Schedule 'C-12' of
this By-law is reduced
by 10% or less as a
result of the
registration of a Plan
of Subdivision, the
affected block may
continue to be
developed in
accordance with the
requirements of this
Zone.
COM2
31
(10/96)
(A-1)
(i)
Motor vehicle
gas bar;
(ii) Motor vehicle
service station.
(i)
Maximum width of an
ingress and egress
ramp - 10.8 metres,
measured along the
streetline;
(ii) Required parking
spaces are permitted
to be provided on an
abutting lot, provided
that the abutting lot is
in a Commercial
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
138
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Zone;
(iii) Maximum gross
leasable floor area -
4,400.0 square
metres, excluding the
floor area of the
mezzanine and
stand-alone storage
buildings accessory
to a permitted use in
existence on March
11, 1996.
COM2
32
(10/96)
(A- 1)
(i)
Maximum gross
leasable floor area -
1,125.0 square
metres;
(ii) No frontage is
required onto a public
street;
(iii) The front lot line shall
be the lot line along
the west side of the
subject lot.
COM2
33
(14/98)
(61/2003)
(94/2004)
(A-1)
(i)
Required parking
spaces are permitted
to be provided on an
abutting lot, provided
that the abutting lot is
in a Commercial
Zone;
(ii) Maximum lot area
used for an accessory
outdoor display and
sales area - 1,400.0
square metres;
(iii) Minimum required
setback for an
accessory outdoor
display and sales
area from the Toronto
Road streetline - 50.0
metres;
(iv) Maximum gross
leasable floor area for
a retail store - 500.0
square metres;
(v) Maximum gross
leasable floor area for
a supermarket -
5,900.0 square
metres;
(vi) Maximum gross
leasable floor area for
a motor vehicle
gasoline bar - 35.0
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
139
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
square metres;
(vii) Minimum setback for
loading space from
rear lot line - 1.5
metres.
COM2
34
(32/98)
(A-12)
(i)
Industrial use;
(ii) Custom
workshop;
(iii) Printing and
publishing
establishment.
(i)
Assembly hall;
(ii) Farm implement
dealer;
(iii) Greenhouse
commercial;
(iv) Hotel;
(v) Medical office;
(vi) Motel;
(vii) Motor vehicle
body shop;
(viii) Motor vehicle
washing
establishment;
(ix) Personal service
shop;
(x) Place of
amusement;
(xi) Recreational
trailer, vehicle or
boat sales
establishment;
(xii) Specialty food
store;
(xiii) Supermarket.
(i)
Minimum required
rear yard - 7.0
metres;
(ii) Maximum number of
main buildings per lot
- 1;
(iii) Minimum required
landscaped open
space - 5%;
(iv) Minimum required
planting strip required
along a streetline -
3.0 metres;
(v) Maximum gross floor
area for a retail store
accessory to an
industrial use - 10%
of the gross floor area
of the industrial use.
OS
35
(32/98)
(A-12)
(i)
Professional
office,
accessory;
(ii) Conservation
use;
(iii) Nursery;
(iv) Park.
(i)
Minimum required
front yard - 2.0
metres;
(ii) Minimum required
interior yard - 2.0
metre;
(iii) Minimum required
yard, all yards, for a
parking area - 7.5
metres;
(iv) Maximum lot
coverage - 20%;
(v) Minimum required
landscaped open
space - 75%.
RES1-
1
36
(47/98)
(A-10)
(i) Human
habitation within
an accessory
building.
(i)
Minimum required
front yard - 6.2
metres;
(ii) Maximum height of
an accessory building
- 8.4 metres;
(iii) Maximum accessory
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
140
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
building dimensions -
7.5 metres wide by
14.2 metres long;
(iv) For the purposes of
this Zone, "Height"
shall mean the
vertical distance from
the average grade
level at the building
face closest to the
street to the highest
point of the accessory
building or structure.
RES2-
1
37
(65/99)
(A-11)
(i)
Single
detached
dwelling.
(i)
The lot shall be
deemed to have
access to a public
street over an
unopened road
allowance.
EMP1
38
(8/2000)
(A-14)
(i)
Minimum required
front yard - 55.0
metres;
(ii) Minimum required
setback from an EP-F
Zone boundary - 3.0
metres;
(iii) Maximum gross floor
area - 929.0 square
metres;
(iv) Maximum ground
floor area - 465.0
square metres;
(v) Maximum height -
12.0 metres.
COM2
39
(41/83)
(A-11)
(i) Veterinary Clinic
(i)
Hotel.
RES3
40
(38/2000)
(12/2002)
(40/2005)
(A-9)
(i)
Minimum required
interior side yard -
1.2 metres;
(ii) Minimum lot frontage
- 7.55 metres.
OSR
OS
41
(6/2000)
(A-5)
(i)
Maximum gross floor
area of all accessory
buildings and
structures - 185.8
square metres;
(ii) Maximum height of
an accessory building
or structure - 4.5
metres;
(iii) Minimum required
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
141
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
yard, north yard -
30.5 metres;
(iv) Minimum required
landscaped open
space - 95%.
(v)
The minimum
required level of
protection from
hazards associated
with the shoreline of
Lake Ontario shall be
the 1:100 year flood
level of Lake Ontario
being 76.2 metres
G.S.C. plus a 50.0
metres, maximum,
horizontal effect for
wave action, or, the
100 year erosion limit,
whichever is the
greater.
RES1-
2
42
(44/2000)
(A-5)
(i)
Maximum number of
guest rooms - 2;
(ii)
Maximum gross floor
area of a bed and
breakfast - 25% of
the gross floor area of
the dwelling unit.
COM3
44
(13/2002)
(A-10,
A-11)
(i)
Apartment
dwelling;
(ii)
Multiple-unit
dwelling;
(iii) Street
townhouse
dwelling.
(i)
Minimum lot area -
46.5 square metres
per dwelling unit;
(ii)
Minimum required
setback from
centreline of a public
street - 10.0 metres.
COM2
45
(41/2002)
(A-2)
(i)
No opening shall be
permitted on the north
elevation of any
building located less
than 9.0 metres from
the northern lot line
on that portion of a
wall located higher
than 3.0 metres
above finished grade.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
142
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RES3
49
(OMB Dec.
1075, 1990,
2292)
(A-4)
(i)
As shown on
Schedule 'C-6'
of this By-law.
(i)
As shown on
Schedules 'C-6' and
'C-7' of this By-law.
RES2-
1
50
(OMB Dec.
1075, 1990,
2292)
(A-4)
(i)
As shown on
Schedule 'C-6'
of this By-law.
(i)
As shown on
Schedules 'C-6' and
'C-7' of this By-law.
COM1
54
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-6'
of this By-law.
(i)
As shown on
Schedules 'C-6' and
'C-7' of this By-law.
OS
56
(OMB Dec.
1075, 1990,
2292)
(A-4)
(i)
As shown on
Schedule 'C-6'
of this By-law.
(i)
As shown on
Schedules 'C-6' and
'C-7' of this By-law.
RES2-
1
57
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-8'
of this By-law.
(i)
As shown on
Schedules 'C-8' and
'C-9' of this By-law.
RES3
58
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-8'
of this By-law.
(i)
As shown on
Schedules 'C-8' and
'C-9' of this By-law.
RES4
59
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-8'
of this By-law.
(i)
As shown on
Schedules 'C-8' and
'C-9' of this By-law.
IU
60
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-8'
of this By-law.
(i)
As shown on
Schedules 'C-8' and
'C-9' of this By-law.
OS
61
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-8'
of this By-law.
(i)
As shown on
Schedules 'C-8' and
'C-9' of this By-law.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
143
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RES2-
1
62
(OMB Dec.
1075, 1990,
2292)
(A-2)
(i)
As shown on
Schedule 'C-10'
of this By-law.
(i)
As shown on
Schedules 'C-10' and
'C-11' of this By-law.
RES3
63
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-10'
of this By-law.
(i)
As shown on
Schedules 'C-10' and
'C-11' of this By-law.
OS
64
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-10'
of this By-law.
(i)
As shown on
Schedules 'C-10' and
'C-11' of this By-law.
OS
65
(OMB Dec.
1075, 1990,
2292)
(A-3)
(i)
As shown on
Schedule 'C-10'
of this By-law.
(i)
As shown on
Schedules 'C-10' and
'C-11' of this By-law.
EMP1
66
(92/2004)
(A-14)
(i)
Maximum number of
model homes - 3;
(ii) An accessory outdoor
display and sales
area shall be limited
to the yard abutting
Highway 401.
RES3
67
(51/2005)
(A-13)
(i)
Minimum required
setback from the 'EP-
F' Zone - 3.0 metres.
RES2-
1
68
(74/2005)
(A-10)
(i)
Medical office.
(i)
Minimum required
interior side yard -
0.55 metres on one
side;
(ii) Minimum required
rear yard - 18.0
metres;
(iii) Minimum required
landscaped open
space - 30%.
RES1-
1
69
(84/2005)
(A-5)
(i)
Country Inn.
(i) Maximum number of
guest rooms - 7;
(ii) Maximum number of
spa rooms - 7;
(iii) Maximum floor area
for the storage and
kitchen associated
with a hotel - 90.0
square metres;
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
144
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(iv) Minimum required
number of loading
spaces - 1;
(v) Minimum required
yard for a parking
space or parking area
- 2.0 metres;
(vi) Minimum required
planting strip along
any lot line - 1.0
metre.
RES1-
1
70
(84/2005)
(A-5)
(i)
Parking area;
(ii) Single detached
dwelling.
(iii) Additional
residential units
in accordance
with Section
4.2.1
(i) Minimum required
yard for a parking
space or parking area
- 1.5 metres.
A
71
(3400)
(B-17)
(i)
Agricultural
produce plant.
RES2-
1
72
(18/2003)
(A-12)
(i)
Shared
housing,
Supervised
(Large Scale)
A
73
(11/2003)
(B-17)
(i) Barn for the
purposes of
housing
livestock.
RES2-
1
74
(56/84)
(A-9)
(I) Maximum number of
single detached
dwellings - 3.
COMR
75
(3350)
(B-22)
(i)
Motor vehicle
repair garage.
EMPR
76
(3350)
(B-18)
(i)
Industrial use;
(ii) Retail store;
(iii) Transport
terminal.
OSR
77
(3350)
(B-23)
(i)
Camping
establishment;
(ii) Greenhouse,
accessory;
(iii) Miniature golf
course,
accessory;
(iv) Recreational
trailer, vehicle or
(i) Minimum required
yard, all yards - 15
metres;
(ii) Maximum lot
coverage - 40%;
(iii) Minimum required
landscaped open
space - 40%.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
145
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
boat sales
establishment,
accessory;
(v) Retail sale of
propane fuel.
EMPR
78
(3350)
(B-18)
(i)
Agricultural
support use;
(ii) Outdoor
storage.
(i) Minimum required
interior side yard -
15.0 metres.
EMPR
79
(3350)
(B-17)
(i)
Abattoir;
(ii) Retail store,
accessory,
within the main
building.
(i) Minimum required
front yard - 76.0
metres.
EMPR
80
(3350)
(B-25)
(i)
Abattoir;
(ii) Retail store,
accessory,
within the main
building.
EMPR
81
(3350)
(B-19)
(i)
Agricultural
support use;
(ii) Retail store,
accessory.
EMPR
82
(3350)
(06/2011)
(B-18)
(i)
Agricultural
warehouse;
(ii) Animal clinic;
(iii) Professional
office,
accessory;
(iv) Farm implement
dealer;
(v) Industrial use;
(vi) Outdoor
storage,
accessory;
(vii) Retail store,
accessory;
(viii) Service shop.
(ix) Single detached
dwelling,
accessory.
(i) Single detached
dwelling is ancillary
to a permitted non-
residential use and
occupied by the
owner, caretaker,
watchman or other
similar person, and
family, as is
employed on the lot
on which such
dwelling house is
located.
EMPR
83
(3350)
(B-17)
(i)
Motor vehicle
repair shop.
EMPR
84
(3350)
(B-18)
(i)
Dry industrial
use.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
146
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
COM2
85
(20/2010)
(A-2)
(i)
Industrial use.
RES3
86
(104/2009)
(A-10)
(i)
Apartment
building
containing a
maximum of 24
dwelling units.
(i) Minimum required
front yard - 12
metres;
(ii) Minimum required
exterior side yard - 20
metres;
(iii) Minimum required
rear yard - 1.5
metres;
(iv) Minimum number of
parking spaces
required - 1 space
per dwelling unit.
COM2
87
(80/2009)
(A-1)
(i)
Auctioneer's
Establishment;
(ii) Outdoor
storage,
accessory.
(i)
Motor vehicle
body shop;
(ii) Place of
Amusement;
(iii) Specialty food
store;
(iv) Supermarket.
(i) Minimum required
setback from the
Toronto Road and
Highway 401
streetlines for
accessory outdoor
display and sales,
accessory outdoor
storage and loading
spaces - 2.0 metres;
(ii) Minimum required
yard abutting the
Toronto Road
streetline - 2.0
metres;
(iii) Minimum required
exterior side yard -
20.0 metres;
(iv) Minimum required
yard, all other yards -
3.0 metres;
(v) Minimum required
width of planting strip
required abutting the
Toronto Road
streetline - 6.0
metres;
(vi) Minimum required
with of planting strip
abutting all other
streetlines - 3.0
metres;
(vii) Minimum required
number of parking
spaces for a retail
store - 1/18.5 square
metres gross leasable
floor area.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
147
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RES3
88
(84/2010)
(A-10)
(i) Minimum lot area -
166.14 square
metres;
(ii) Minimum lot frontage
- 8.6 metres;
(iii) Minimum front yard
- 4.0 m (adjacent to
Harcourt Street)
- 6.0 m (adjacent to
Hope Street)
(iv) Minimum exterior side
yard - 3.5 m;
(v) Minimum rear yard
- 4.0 m (adjacent to
RES3-86 zone)
- 2.5m (adjacent to
RES3-88 zone).
COM1
89
(92/2010)
(A-9)
(i) Drive-through
Window for a
Convenience
Retail
Purpose(s),
but not
including
Restaurant or
Restaurant
Take-Out.
(i) The Drive-through
Window shall only
apply to a
Convenience Retail
Purpose which use
primarily sells food
and closely related
household items
which are stocked so
as to attract those
consumers
principally residing in
the immediately
surrounding area.
RES1-4
90
(01/2010)
(A-1)
(i) Minimum required
front yard - 4.5
metres;
(ii) Minimum required
rear yard - 6.0
metres;
(iii) Minimum required
interior side yard -
1.2 metres and
where an attached
garage or carport is
provided, the
minimum side yard
on one side may be
1.0 metre.
RES4
91
(51/98)
(A-2)
(i) Minimum lot area -
0.6 hectares
(ii) Maximum residential
density - 150
dwelling units per
hectare
FD
92
(65/2009)
(B-18)
(i) Minimum lot area
shall be 19 hectares;
(ii) Minimum front
setback shall be 10
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
148
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
metres;
(iii) Minimum setback
adjacent to the
'RESV1' Zone shall
be 3 metres;
(iv) Minimum westerly
setback adjacent to
the 'RESV1' Zone
shall be 30 metres;
(v) Maximum number of
residential units shall
be one (1);
(vi) The existing
accessory structure
(workshop) shall be a
permitted use for up
to two (2) years from
the date of the
passing of this By-
law, or until such
time as all or a
portion of the
workshop is
converted to a
residential use or a
new single detached
residential unit is
constructed on the
subject lands.
RESV
1
93
(57/2011)
(B-18)
(i)
Minimum Front Yard
- 4.17 metres.
RES3
94
(62/2011)
(A-4)
(i) Single Detached;
(ii) Semi-detached;
(iii) a Public Use
including a
school or park
(iv) Additional
residential units
in accordance
with Section
4.2.1
(i)
Minimum Lot Area
a. Single Detached-
229 square
metres
b. Semi-detached -
212 square
metres
(ii) Minimum Lot
Frontage
a. Single Detached-
8.2 metres
b. Semi-detached -
7.6 metres
(iii) Minimum Required
Front Yard to the
main wall of the
dwelling
a. Lot with
vehicular access
from a public
street (front) -
4.5 metres
b. Lot with
vehicular access
from a lane - 3.0
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
149
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
metres
(iv) Minimum Required
Setback to Attached
Garage from a public
street - 6.0 metres
(v) Minimum Required
Exterior Side Yard
a. Abutting a local
road right-of-way
of 17.0 metres-
3.0 metres
b. Abutting a local
road right-of-way
of 14.5 metres-
2.0 metres
c. For the purpose
of Clause (v), the
side yard
setback of the
dwelling and the
accessory
garage shall be
calculated as if
the lot lines were
produced to their
point of
intersection.
(vi) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres; (provided
the minimum
cumulative interior
side yard of abutting
yards shall be 1.8
metres); Shall be
reduced to zero
along the interior
side lot line that is
also the location of a
common wall
(vii) Minimum Required
Rear Yard
a. Lot with
vehicular access
from a public
street (front) -
6.0 metres
b. Lot with
vehicular access
from a lane -
10.5 metres to
the main rear
wall of the
dwelling
excluding any
breezeway or
porch
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
150
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
c. For the purpose
of Clause (vii) a
breezeway
means a
connection
between the
dwelling unit and
an accessory
garage. A
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a lot
frontage of 7.6
metres in width.
The width of a
breezeway may
be increased by
0.3 metres for
each additional
0.3 metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall
be from the inner
side of the
exterior walls or
supporting
structure.
(viii) Notwithstanding the
provisions of Section
4.1.1 (Private
Garages) or any
other provision in
this By-law, the
minimum setback for
a private garage
from a lot line shall
be:
a. 0.0 metres for a
jointly-owned
garage which
serves two
dwellings whose
common lot line
is the dividing
line of such
garage.
b. 0.3 metres from
the lot line
dividing the lot
from a lane.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
151
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(ix) Maximum number of
dwellings -112 (does
not include
additional residential
units).
(x) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not
apply
b. The maximum
floor area for any
accessory
buildings and
structures shall
be 20%
(xi) Notwithstanding the
provisions of Section
4.33.1 (Sight
Triangles -
Application), or any
other provision in
this By-law, the sight
triangle dimensions
shall be 3.0 metres
for Local Roads with
a connection to
Strachan Street, and
1.5 metres for
Laneways.
RES3
95
(101/2011)
(A-9)
(i)
Minimum Required
Front Yard - 4.5
metres
(ii) Minimum Required
Interior Side Yard -
4.5 metres
(iii) Minimum Required
Rear Yard - 4.5
metres
(iv) Minimum number of
parking spaces
required - 1.5 space
per dwelling unit
(including visitor
parking)
(v) Notwithstanding the
provisions of Section
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
152
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
5.5.1 (Location of
Parking) or any other
provision in this By-
law:
a. the minimum
setback of the
parking area
from the
streetline shall
be 4.5 metres.
b. the minimum
setback of the
parking area
from the building
on the same lot
shall be 1.0
metres.
RESV
1
96
(90/2011)
(B-20)
(i)
Minimum Exterior
Side Yard -3.59
metres.
(ii) Minimum Rear Yard
- 0.588 metres.
(iii) Lot Area - 1,823
square meters
RES3
97
(22/2012)
(A-1)
(i)
Minimum Required
Front Yard - 3.0
metres.
(ii) Minimum Required
Interior Side Yard -
1.2 metres
(iii) Minimum Required
Interior Side Yard
when adjacent to a
public walkway- 0.6
metres
(iv) Minimum Required
Rear Yard - 6.0
metres
RES3
98
(33/2012)
(A-6)
(i) Multiple-unit
dwellings;
(i)
Minimum Lot Area
- 926.70 square
metres
(ii)
Minimum Lot
Frontage - 15.90
metres
(iii) Minimum Required
Interior Side Yard
a. West - 1.87
metres
b. East - 5.91
metres
(iv) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
153
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
or any other
provision in this By-
law, the 'Setback
from interior side lot
line' to the west shall
be 0.00 metres.
(v)
Notwithstanding the
provisions of Table
5.5 (Residential
Parking
Requirements), or
any other provision
in this By-law, the
number of parking
spaces required - 0
space per dwelling
unit.
RES3
99
(33/2012)
A-6
i) Multiple-unit
dwellings;
(i)
Minimum Lot
Frontage - 35.73
metres
(ii)
Minimum Required
Front Yard -6.60
metres
(iii)
Minimum Required
Setback to Attached
Garage from a
public street - 6.0
metres
(iv)
Minimum Required
Interior Side Yard
a.
West - 0.00
metres
b.
East - 4.35
metres
(v)
Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
provision in this By-
law, the maximum
number of
accessory buildings
and structures per
lot shall be 1 private
garage and 2
accessory buildings
or structures.
(vi)
Notwithstanding the
provisions of Table
5.5 (Residential
Parking
Requirements), or
any other provision
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
154
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
in this By-law, the
total number of
parking spaces is 8.
COMV
100
(57/2012)
(B-23)
(i)
Minimum Front
Yard -0.0 metres
(ii)
Minimum Exterior
Side Yard -0.0
metres.
(iii)
Notwithstanding the
provisions of
Section 4.2.2.b)
(Accessory Dwelling
Units-Commercial
Zones), or any other
provision in this By-
law, the portion of
floor area within the
first storey of a
building and within
0.0 metres of
Gilmour Road and
within 5.3 metres of
County Road 9 is
used for
commercial
purposes.
RES3
102
(72/2013)
(A-4)
(i) Single Detached;
(ii) Semi-detached;
(iii) a Public Use
including a
school or park
(iv) Additional
residential units
in accordance
with Section
4.2.1
(i)
Minimum Lot Area
a. Single
Detached- 229
square metres
b. Semi-detached -
212 square
metres
(ii)
Minimum Lot
Frontage
a. Single
Detached- 8.2
metres
b. Semi-detached -
7.6 metres
(iii)
Minimum Required
Front Yard to the
main wall of the
dwelling
a. Lot with
vehicular access
from a public
street (front) -
4.5 metres
b. Lot with
vehicular access
from a lane -
3.0 metres
(iv) Minimum Required
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
155
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Setback to Attached
Garage from a
public street - 6.0
metres
(v)
Minimum Required
Exterior Side Yard
a. Abutting a local
road right-of-
way of 17.0
metres- 3.0
metres
b. Abutting a local
road right-of-
way of 14.5
metres- 2.0
metres
c. For the purpose
of Clause (v),
the side yard
setback of the
dwelling and the
accessory
garage shall be
calculated as if
the lot lines
were produced
to their point of
intersection.
(vi) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres; (provided
the minimum
cumulative interior
side yard of abutting
yards shall be 1.8
metres); Shall be
reduced to zero
along the interior
side lot line that is
also the location of
a common wall
(vii) Minimum Required
Rear Yard
a. Lot with
vehicular access
from a public
street (front) -
6.0 metres
b. Lot with
vehicular access
from a lane -
10.5 metres to
the main rear
wall of the
dwelling
excluding any
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
156
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
breezeway or
porch
c. For the purpose
of Clause (vii) a
breezeway
means a
connection
between the
dwelling unit
and an
accessory
garage. A
breezeway shall
not be more
than one (1)
storey in height
and shall not
have a width
greater than 2.2
metres on a lot
having a lot
frontage of 7.6
metres in width.
The width of a
breezeway may
be increased by
0.3 metres for
each additional
0.3 metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall
be from the
inner side of the
exterior walls or
supporting
structure.
(viii)
Notwithstanding
the provisions of
Section 4.1.1
(Private Garages) or
any other provision
in this By-law, the
minimum setback for
a private garage
from a lot line shall
be:
a. 0.0 metres for a
jointly-owned
garage which
serves two
dwellings whose
common lot line
is the dividing
line of such
garage.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
157
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
b. 0.3 metres from
the lot line
dividing the lot
from a lane.
(ix) Maximum number of
dwellings -96 (does
not include additional
residential units).
(x) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not
apply
b. The maximum
floor area for
any accessory
buildings and
structures shall
be 20%
(xi) Notwithstanding the
provisions of Section
4.33.1 (Sight
Triangles -
Application), or any
other provision in
this By-law, the sight
triangle dimensions
shall be 3.0 metres
for Local Roads with
a connection to
Strachan Street, and
1.5 metres for
Laneways.
RESR
103
(71/2013)
(B-17)
The single family dwelling,
fully-raised bed, well
and/or accessory structure
shall be located within a
building envelope with the
following setbacks:
(i)
Minimum setback
from northern
property line - 6.0
meters
(ii) Minimum setback
from southern
property line - 6.0
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
158
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
meters
(iii) Minimum setback
from Mastwoods
Road - 15.0 meters
(iv) Minimum setback
from eastern property
line - 15.0 meters
(v) Minimum setback
from the Pond- 15.0
metres
all in accordance with
"Scoped Site Servicing
Study" prepared by
Oakridge Environmental
Ltd. and dated April 2013.
RES1-
1
104
(20/2014)
(84/2005)
(A-5)
(i) Country Inn
(ii) Treatment
Centre
(i)
Maximum number of
guest rooms - 9;
(ii) Maximum number of
spa rooms - 9;
(iii) Maximum floor area
for the storage and
kitchen associated
with a hotel - 90.0
square metres;
(iv) Minimum required
number of loading
spaces - 1;
(v) Minimum required
yard for a parking
space or parking
area - 2.0 metres;
(vi) Minimum required
planting strip along
any lot line - 1.0
metre.
(vii) 'Treatment Centre'
means a single
detached dwelling
which is occupied by
not more than 20
persons exclusive of
staff, who live as a
single housekeeping
unit, and require 24-
hour secure
residential, sheltered,
specialized or group
care, and treatment
and rehabilitation for
addiction to drugs or
alcohol. For the
purpose of
Treatment Centre
"secure" shall mean
monitored and
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
159
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
controlled egress
and ingress to the
facility at all times.
(viii) The Treatment
Centre shall be
wholly contained
within the existing
building envelope
based on the date of
the passage of this
By-law.
(ix) Parking for the
Treatment Centre
shall be provided
based on a total of
14 spaces.
(x) Notwithstanding
Section 4.36, a
Treatment Centre
shall be permitted on
the subject lands.
COM3
105
(39/2014)
(A-6)
(i)
Minimum Front Yard
-0.0 metres
(ii) Minimum Exterior
Side Yard -0.0
metres.
(iii) Notwithstanding the
provisions of Section
4.2.2.b) (Accessory
Dwelling Units-
Commercial Zones),
or any other
provision in this By-
law, the residential
use is permitted
within the first storey
of the building and
within 12.0 metres of
Walton Street and
Pine Street North.
RESV
1
106
(44/2014)
(B-23)
(i)
Minimum Front Yard
- 8.08 metres.
(ii) Maximum Height -
15.0 metres.
(iii) Lot Area - 2,000.1
square meters.
COMR
107
(15/2015)
(B-18)
(i)
Minimum Interior
Side Yard (north) -
7.32 metres.
(ii)
Lot Area - 4,419.3
square metres.
RES1-
108
(i) Custom
(i) Parking for the all
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
160
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
2
(18/2016)
(A-11)
Workshop
(ii) Professional
Office
(iii) Retail Store,
Accessory
permitted uses shall
be provided based on
a total of 4 spaces.
(ii) Minimum Front Yard
- 4.36 metres
(iii) Minimum Rear Yard -
7.4 metres.
(iv) Minimum Interior
Yard - 0.35 metres.
(v) Maximum Width of
Driveway at the
streetline - 11.5 m
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
161
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
A(1)
109
(86/2015)
(B-17)
i. Growing and
sale of
hydroponic
crops
ii. Growing and
sale of Trees
iii. Growing and
sale of
hydroponic
plants
iv. Agricultural
Storage
v. Apple Storage
and Distribution
Centre
vi. Small Scale
Food
Processing
plant for Local
Produce
vii. Farm Equipment
repair shop
viii. Farm Input
Supplier
i.
Bed and
Breakfast
Establishment
ii. Shared Housing
(Small Scale)
iii. Dwelling, Single
Detached
iv. Farm Employee
Accommodation
v. Farm Vacation
Home
vi. Shared
housing,
supervised
(small scale)
i. Minimum required lot
frontage - 100 m
ii. Minimum required lot
area - 1.2 ha
iii. Minimum required rear
yard - 10.06 m
iv. Maximum lot coverage
- 20%
A
110
(33/2016)
(B-20)
(i) Retail Store,
accessory
(i) Retail Store structure,
associated parking,
outdoor patio,
laneways and private
services are limited to
an area of 0.5 ha
within the existing
cluster of buildings in
the south west corner
of the subject lands
based on the date of
the passage of this
By-law.
(ii) Maximum gross floor
area of building used
for retail store- 235
m2
COMR
111
(44/2016)
(B-18)
(i) Outdoor
Storage
(ii) Warehouse,
Accessory
(i)
Warehouse,
Accessory shall be
defined as "A building or
part thereof, which is
used for the short term,
temporary storage and
warehousing of
household goods, which
are not for sale or
accessible to the
general public, that is
customarily incidental
to, subordinate to or
exclusively devoted to
the principal use
located on the same
lot."
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
162
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
RU
112
(36/2017)
B-23
The single family
dwelling, fully-raised
bed, well and/or
accessory structure
shall be located within a
building envelope with
the following setbacks:
(i)
Minimum setback
from northern
property line -
374.0 meters
(ii)
Minimum setback
from western
property line -
40.0 meters
(iii) Minimum setback
from Ganaraska
Road - 113.0
meters
(iv) Minimum setback
from eastern
property line-
200.0 meters
(v)
Minimum setback
from the Pond -
30.0 metres
RESR
113
(52/2017)
B-18
(i)
Minimum Lot Area -
2221.8 square
metres
(ii) Minimum Required
Front Yard - 9.1
metres
(iii) Minimum Required
Interior Yard - 4.5
metres
(iv) Minimum Required
Rear Yard - 2.4
metres
(v) Notwithstanding the
provisions of Table
4.2 (Provisions for
Countryside and
Open Space Zones),
or any other
provision in this By-
law, the existing
accessory structure
will be permitted in
the front yard and
have the following
provisions:
a.
Setback from
front lot line
shall be 3
metres
b.
Maximum
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
163
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
height shall be
8.7 metres
c.
Maximum floor
area for all
accessory
buildings and
structures shall
be 11.1%
(vi) The single detached
dwelling shall be
wholly contained
within the existing
building envelope of
the former church
based on the date of
the passage of this
By-law.
RES1-
2
114
(77/2017)
A-11
(i)
Accessory
dwelling unit
within an
accessory
structure
(i) Maximum height for
the accessory
structure - 5.5
metres.
(ii) The Accessory
Dwelling shall be
wholly contained
within the existing
building envelope of
the accessory
structure based on
the date of the
passage of this By-
law.
RES3
115
(32/2018)
A-4
(i)
Single Detached
(ii) a Public Use
including a
school, park, or
walkway
(iii) Additional
residential units
in accordance
with Section
4.2.1
(i) Minimum Lot Area -
230 square metres
(ii) Minimum Lot
Frontage - 8.4
metres
(iii) Minimum Required
Front Yard to the
main wall of the
dwelling
a)
Lot with vehicular
access from a
public street
(front) - 4.5
metres
b)
Lot with vehicular
access from a
lane - 3.0 metres
(iv) Minimum Required
Setback to Attached
Garage from a public
street - 6.0m
(v) Minimum Required
Exterior Side Yard
a)
Abutting a local
road right-of-way
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
164
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
of 17.0 metres or
greater - 3.0
metres
b)
Abutting a local
road right-of-way
of 14.5 metres-
2.0 metres
(vi) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(vii) Minimum Required
Rear Yard
a)
Lot with vehicular
access from a
public street
(front) - 6.0
metres
b)
Lot with vehicular
access from a
lane - 10.5
metres to the
main rear wall of
the dwelling
excluding any
breezeway,
attached
c)
For the purpose
of Clause (vii) a
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a frontage
of 7.6 metres in
width. The width
of a breezeway
may be increased
by 0.3 metres for
each additional
0.3 metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall be
from the inner
side of the
exterior walls or
supporting
structure.
(viii) Notwithstanding the
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
165
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
provisions of Section
4.1.1 (Private
Garages) or any other
provision in this By-
law, the minimum
setback for a private
garage from a lot line
dividing the lot from a
lane shall be 0.3
metres from the lot
line
(ix) For the purpose of
Clauses (iii) to (viii), in
the case of a corner
lot, the setbacks of
the dwelling and
garage shall be
calculated as if the
exterior side lot line
was extended to its
hypothetical point of
intersection with the
extension of the front
lot line and rear lot
line diving the lot from
a lane
(x) Maximum number of
dwellings -170 (does
not include additional
residential units)
(xi) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones), or
any other provision in
this By-law:
a)
the provision for
'Setback from
exterior side lot
line' shall not
apply
b)
The maximum
floor area for any
accessory
buildings and
structures shall
be 20%
(xii)
Notwithstanding
the provisions of
Section 4.33.1 (Sight
Triangles -
Application), or any
other provision in this
By-law, the minimum
sight triangle
dimensions shall be
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
166
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
3.0m for Local Roads
with a connection to
Strachan Street, and
1.5m for Laneways
(xiii) Notwithstanding the
provisions of Section
4.8 (Encroachment of
Architectural
Features), or any
other provision in this
by-law, for lots 14.0m
or larger, accessed
from a lane, a balcony
may be permitted on
the roof top of an
attached garage
provided:
a)
the garage is no
higher than one
storey beyond the
main rear wall;
b)
that the minimum
distance between
any two balconies
on abutting
properties is 6.0
metres, and; c)
That the garage
has a minimum
setback of 6.0
metres from the
rear lot line.
xiii) Notwithstanding the
provisions of Section
4.8 (Encroachment of
Architectural
Features), or any
other provision in this
by-law, architectural
features such as sills,
belt courses, cornices,
chimney breasts,
pilasters and roof
overhangs, are
permitted to encroach
into the smallest
interior side yard on
the lot provided that in
no case shall the
architectural feature
be located closer than
0.2 metres to the
interior side lot line.
RES1-
2
116
(32/2018)
A-4
(i)
Single Detached
(i) Minimum Lot Area -
600 square metres
(ii) Minimum Lot
Frontage - 15.0
metres
(iii) Minimum Required
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
167
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Front Yard - 6.0
metres
(iv) Minimum Required
Exterior Side Yard -
2.0 metres
(v) Minimum Required
Interior Side Yard -
1.2 metres
(vi) Minimum Required
Rear Yard - 7.5
metres
(vii)
Maximum Height
- 11.0 metres
A
117
(49/2018)
B-15
(viii)
Minimum
required lot frontage -
35 m
(ix) Minimum required lot
area - 22.13 ha
(x) Minimum required
interior side yard
setback for the
existing shed - 1 m
A
118
(79/2018)
B-18
(i)
Agriculture-
Related Uses
(ii) Single Detached
Dwelling
(iii) Additional
residential units
in accordance
with Section
4.2.1
(i) Minimum required lot
area - 4.2 ha
(ii) Minimum required
front yard setback for
the existing single
detached dwelling -
4.7 m
(iii) Minimum required
front yard setback for
the existing garage -
0 m
(iv) Minimum required
front yard setback for
two existing silos,
based on the date of
the passing of this
by-law- 5.5 m and
5.6 m
(v) Minimum required
front yard setback for
existing agriculture-
related accessory
structures, based on
the date of the
passing of this by-
law:
a. Metal building #1
- 6.0 m
b. Metal building #2
- 2.1 m
c. Concrete building
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
168
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
- 0 m
COMR
119
(65/2018)
(B-18)
(i) Farm Retail
(ii) Animal Clinic
(iii) Professional
Office
(iv) Emergency
Service Facility
(v)
Farm
Implement
Dealer
(vi) Greenhouse
Commercial
(vii) Nursery
(viii) Personal
Service Shop
(ix) Private Club
(x)
Restaurant
(xi) Retail Store
(i) Minimum Required
Interior Side Yard -
1.86 metres
EMP1
120
(78/2018)
(A-13)
(i) Transportation
terminal
(i) Minimum Required
Rear Yard - 8.5
metres
RESV
1
121
(37/2019)
(B-20)
(i)
Minimum Lot Area:
0.21 ha
(ii) Minimum Lot
Frontage- 22.2 m
RES2-
2
122
(17/2019)
(A-10)
Uses permitted
within a RES1 Zone
subject to those
special provisions
applicable to such
uses within the
RES1 Zone
(i)
Minimum required
front yard setback
of "Lot 2" (corner
lot) - 3.23 m
RESR
123
(84/2019)
(B-15)
(ii) Minimum required
lot frontage - 43.5
m
COM3
124
(16/2021)
(A-10)
(13/2002)
(A-10/11)
(i)
Apartment
dwelling unit;
(ii) Multiple- unit
dwelling;
(iii) Street
townhouse
dwelling
(i)
Minimum required
Lot Frontage- 4.5
metres (per unit)
(ii) Minimum required
Setback from
Centreline of a
Public Street- 7.3
metres
(iii) Maximum of 15
townhouse
dewelling units
(iv) Minimum required
parking spaces--
28 spaces
(v) Minimum lot area
46.5 square metres
per dwelling unit
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
169
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
EMP2
125
(14/2020)
(A-14)
(i)
Motor vehicle
body shop;
(ii) Motor vehicle
dealership;
(iii) Motor vehicle
gasoline bar;
(iv) Motor vehicle
repair garage;
(v) Motor vehicle
sales and
rental
establishment
(vi) Recreational
trailer, vehicle
or boat sales
establishment.
(i)
Funeral Home
(ii) Maximum lot area
permitted for the
accessory outdoor
display and sale
area associated with
motor vehicles or
recreational vehicles
- 66%;
(iii) Minimum required
floor area before an
accessory
restaurant is
permitted - 1,000.0
m2
(A)
126
(30/2020)
(B-20)
39R-9361 Part 1:
(i)
minimum lot
frontage: 45.72m
(ii) minimum lot size:
7.66 ha
39R-9361 Part 2:
(i)
minimum lot
frontage:155m
(ii) minimum lot size:
5.95 ha
In the event where a
proposed building and/or
structure is proposed for
development within the
Ganaraska Regional
Conservation Authority
(GRCA) Regulated Area,
written authorization from
the GRCA is required prior
to the issuance of a
Building Permit.
Appropriate development
setbacks from the natural
hazards are to be
approved by the GRCA.
RES3
127
(43/2020)
(A-13)
Minimum Rear Yard--6.2
metres.
RES3
128
(OLT
42/2021)
(i)
Single
Detached
Dwelling
(ii)
a Public Use
including a
school, park, or
walkway
(iii) Additional
(i)
Minimum Lot Area -
230 square metres
(ii) Minimum Lot
Frontage - 8.4
metres
(iii) Minimum Required
Front Yard to the
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
170
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
residential
units in
accordance
with Section
4.2.1
main wall of the
dwelling - 3.0
metres
(iv) Minimum Required
Exterior Side Yard -
3.0 metres
(v) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(vi) Minimum Required
Rear Yard - 10.3
metres to the main
rear wall of the
dwelling excluding
any breezeway,
attached private
garage, or porch
a.
For the purpose
of Clause (vi) a
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a frontage
of 7.6 metres in
width. The width
of a breezeway
may be
increased by 0.3
metres for each
additional 0.3
metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall be
from the inner
side of the
exterior walls or
supporting
structure.
(vii) Notwithstanding the
provisions of
Section 4.1.1
(Private Garages) or
any other provision
in this By-law, the
minimum setback
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
171
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
for a private garage
from a lot line
dividing the lot from
a lane shall be 0.3
metres from the lot
line
(viii) For the purpose of
Clauses (iii) to (vii),
in the case of a
corner lot, the
setbacks of the
dwelling and garage
shall be calculated
as if the exterior
side lot line was
extended to its
hypothetical point of
intersection with the
extension of the
front lot line and rear
lot line dividing the
lot from a lane
(ix) Maximum number of
dwellings - 25 (does
not include
additional residential
units)
(x) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not apply
b. The maximum floor
area for any
accessory
buildings and
structures shall be
20%
(xi) Notwithstanding the
provisions of
Section 4.33.1
(Sight Triangles -
Application), or any
other provision in
this By-law, the
minimum sight
triangle dimensions
shall be 3.0m for
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
172
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Local Roads with a
connection to
Strachan Street,
and 1.5m for
Laneways
(xii) Notwithstanding the
provisions of
Section 4.15 (Model
Homes), or any
other provision in
this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved Plan
of Subdivision are
constructed as
model homes.
(xiii) Notwithstanding the
provisions of
Section 4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters,
and roof overhangs,
are permitted to
encroach into the
smallest interior side
yard on the lot
provided that in no
case shall the
architectural feature
be located closer
that 0.2m to the
interior side lot line.
RES3
129
(OLT
42/2021)
(i)
Single
Detached
(ii) A Public Use
including a
school, park,
or walkway
(iii) Additional
residential
units in
accordance
with Section
4.2.1
(i)
Minimum Lot Area -
230 square metres
(ii) Minimum Lot
Frontage - 8.4
metres
(iii) Minimum Required
Front Yard to the
main wall of the
dwelling
a. Lot with vehicular
access from a
public street (front)
- 4.5 metres
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
173
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
b. Lot with vehicular
access from a lane
- 3.0 metres
(iv) Minimum Required
Setback to Attached
Garage from a
public street - 6.0m
(v) Minimum Required
Exterior Side Yard
a. Abutting a local
road right-of-way
of 17.0 metres or
greater - 3.0
metres
b. Abutting a local
road right-of-way
of 14.5 metres or
lane right-of-way
of 7.5 metres-
2.0 metres
(vi) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(vii) Minimum Required
Rear Yard
a. Lot with vehicular
access from a
public street
(front) - 6.0
metres
b. Lot with vehicular
access from a
lane - 10.5
metres to the
main rear wall of
the dwelling
excluding any
breezeway,
attached private
garage, or porch
c. For the purpose
of Clause (vii) a
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a frontage
of 7.6 metres in
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
174
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
width. The width
of a breezeway
may be
increased by 0.3
metres for each
additional 0.3
metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall be
from the inner
side of the
exterior walls or
supporting
structure.
(viii) Notwithstanding the
provisions of
Section 4.1.1
(Private Garages) or
any other provision
in this By-law, the
minimum setback
for a private garage
from a lot line
dividing the lot from
a lane shall be 0.3
metres from the lot
line
(ix) For the purpose of
Clauses (iii) to (viii),
in the case of a
corner lot, the
setbacks of the
dwelling and garage
shall be calculated
as if the exterior
side lot line was
extended to its
hypothetical point of
intersection with the
extension of the
front lot line and rear
lot line dividing the
lot from a lane
(x) Maximum number of
dwellings - 238
(does not include
additional residential
units)
(xi) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
175
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Institutional Zones),
or any other
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not
apply
b. The maximum
floor area for any
accessory
buildings and
structures shall
be 20%
(xii) Notwithstanding the
provisions of
Section 4.33.1
(Sight Triangles -
Application), or any
other provision in
this By-law, the
minimum sight
triangle dimensions
shall be 3.0m for
Local Roads with a
connection to
Strachan Street,
and 1.5m for
Laneways
(xiii) Notwithstanding the
provisions of
Section 4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters,
and roof overhangs,
are permitted to
encroach into the
smallest interior side
yard on the lot
provided that in no
case shall the
architectural feature
be located closer
that 0.2m to the
interior side lot line.
(xiv) Notwithstanding the
provisions of
Section 4.8
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
176
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(Encroachment of
Architectural
Features), or any
other provision in
this by-law, for lots
14.0m or larger,
accessed from a
lane, a balcony may
be permitted on the
roof top of an
attached garage
provided:
a. the garage is no
higher than one
storey beyond the
main rear wall;
b. that the minimum
distance between
any two balconies
on abutting
properties is 6.0
metres, and;
c. that the garage has
a minimum setback
of 6.0 metres from
the rear lot line.
(xv) Notwithstanding the
provisions of
Section 4.15 (Model
Homes), or any
other provision in
this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved Plan
of Subdivision are
constructed as
model homes.
RES3
130
(OLT
42/2021)
(i)
Single
Detached
(ii) A Public Use
including a
school, park,
or walkway
(iii) Additional
residential
units in
accordance
with Section
4.2.1
(i)
Minimum Lot Area -
230 square metres
(ii) Minimum Lot
Frontage - 14.0
metres
(iii) Notwithstanding
Clause (ii), the lot
flanking on Strachan
Street (corner lot)
may have a
minimum lot
frontage of 11.0
metres.
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
177
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(iv) Minimum Required
Front Yard to the
main wall of the
dwelling accessed
from a public street
(front) - 4.5 metres
(v) Minimum Required
Setback to Attached
Garage from a
public street - 6.0m
(vi) Minimum Required
Exterior Side Yard
Abutting a local road
right-of-way - 3.0
metres
(vii) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(viii) Minimum Required
Rear Yard - 7.0
metres
(ix) Maximum number of
dwellings - 14 (does
not include
additional residential
units)
(x) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not apply
b. The maximum floor
area for any
accessory
buildings and
structures shall be
20%
(xi) Notwithstanding the
provisions of
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
178
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Section 4.33.1.
(Sight Triangles-
Application), or any
othere provision in
this By-law, the
minimum sight
triangle dimensions
shall be 3.0m for
Local Roads with a
connection to
Strachan Street,
and 1.5m for
Laneways
(xii) Notwithstanding the
provisions of
Section 4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters,
and roof overhangs,
are permitted to
encroach into the
smallest interior side
yard on the lot
provided that in no
case shall the
architectural feature
be located closer
that 0.2m to the
interior side lot line.
(xiii) Notwithstanding the
provisions of
Section 4.15 (Model
Homes), or any
other provision in
this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved Plan
of Subdivision are
constructed as
model homes.
RES1-
2
131
31/2023
A-6
(i)
Minimum interior
yard setback on one
side - 0.0 m
RES3
132
(i)
Single
(iv) Minimum Lot Area -
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
179
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(OLT
42/2021)
Detached
(ii) A Public Use
including a
school, park,
or walkway
(iii) Additional
residential
units in
accordance
with Section
4.2.1
300 square metres
(v) Minimum Lot
Frontage - 11.0
square metres
(vi) Minimum Required
Front Yard to the
main wall of the
dwelling with
vehicular access
from the public
(front) - 4.5 metres
(vii) Minimum Required
Setback to Attached
Garage from a
public street - 6.0m
(viii) Minimum Required
Exterior Side Yard
a.
Abutting a
local road
right-of-
way of 17.0
metres or
greater -
3.0 metres
b.
Abutting a
local road
right-of-
way of 14.5
metres or
lane right-
of-way of
7.5
metres--
2.0 metres
(ix) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(x) Minimum Required
Rear Yard - 5.0
metres
(xi) Maximum number of
dwellings - 4 (does
not include
additional residential
units)
(xii) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
180
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Institutional Zones),
or any other
provisions in this By-
law:
a. the provision for
'Setback from
the exterior
side lot line'
shall not apply
b. The maximum
floor area for
any accessory
buildings and
structures shall
be 20%
(xiii) Notwithstanding the
provisions of
Section 4.33.1
(Sight Triangles -
Application), or any
other provision in
this By-law, the
minimum sight
triangle dimensions
shall be 3.0m for
Local Roads with a
connection to
Strachan Street,
and 1.5m for
Laneways
(xiv) Notwithstanding the
provisions of
Section 4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters,
and roof overhangs,
are permitted to
encroach into the
smallest interior side
yard on the lot
provided that in no
case shall the
architectural feature
be located closer
that 0.2m to the
interior side lot line.
(xv) Notwithstanding the
provisions of
Section 4.15 (Model
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
181
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Homes), or any
other provision in
this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved Plan
of Subdivision are
constructed as
model homes.
OSR
133
42/2021
(OLT)
(i)
a Private
Use
including a
walkway
RES3
V1
134
(55/2021)
(B-23
(i)
Commercial
School
A
136
(30/2022)
B-15
(i) Agri-tourism
use which
includes as a
component,
10 farm
vacation
cabins
a)
For the purposes of
this exception an
agri-tourism use is
defined as follows:
Means a farm-
related tourism
uses, including
limited
accommodation
such as a bed and
breakfast, that
promote the
enjoyment,
education or
activities related to
the farm operation
b)
Non-farm-related
meetings are
prohibited;
c)
Maximum permitted
gross floor area for
indoor farm-related
meeting space: 195
square metres;
d)
Maximum permitted
land area for
outdoor farm-
related meeting
space: 865 square
metres;
e)
Maximum number
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
182
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
of attendees on the
farm-related
meeting: 35
f)
Parking for the
exclusive use of the
employees and
guests of the agri-
tourism use is
permitted;
g)
Maximum number
of farm vacation
cabins permitted:
10;
h)
Maximum gross
floor area of a farm
vacation cabin: 30
square metres;
i)
For the purposes of
this Exception, a
farm vacation cabin
is defined as a
cabin that provides
sleeping
accommodation
(including
participation in farm
activities, meals,
services and
facilities for the
exclusive use of the
employees or
guests of the agri-
tourism use) for the
employees of the
agri-tourism use
and/or the travelling
or vacationing
public;
j)
Farm vacation
cabins and their
access are not
permitted in a
floodplain or in any
other natural
hazard area
identified by the
Conservation
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
183
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
Authority, unless
specifically
permitted by the
Conservation
Authority;
Each farm vacation
cabin shall be
accessed by a
driveway that is a
minimum of 6.0
metres wide.
RU
140
B-19
(12/2023)
(i) For the purposes of
this exception a home
industry use is defined
as follows: Means a
small-scale industrial
use to include a
cabinet manufacturing
workshop that will be
accessory to the
residential and
agricultural use of the
property.
(ii) Maximum permitted
gross floor area for
home industry:
557.4m2
(iii) Maximum number of
employees permitted
for a home industry:
12
(iv) Parking for exclusive
use of the employees
is permitted.
(v) Maximum distance
from home industry to
primary residential
dwelling: 70m
COMV
141
B-23
04/2023
i. Retail Store
ii. Specialty Food
Store
iii. Outside Display
and Sales Area,
Accessory
(subject to
Section 4.22)
iv. a single
detached
dwelling
v. home
(i) Maximum gross floor
area of building used
for retail
store/specialty food
store- 440 m2
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
184
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
occupation
vi. community
garden
vii. agriculture
(excluding
livestock
facilities).
RESR
144
(50/2023)
(B-20)
(i)
Minimum Lot
Frontage - 20.0m
A(1)
145
(50/2023)
(B-20)
(i) Any Dwelling Unit
(ii) The housing of
livestock
(i)
Minimum Required
Interior Side Yard
Setback for existing
agricultural
structure - 12.4m
(ii)
Minimum Required
Interior Side Yard
for Setbacks of
existing agricultural
structure - 1.2m
and 4.6m
RESR
146
(51/2023)
(B-20)
(i)
Minimum Required
Rear Yard Setback
for existing single
detached dwelling -
14.2m
(ii)
Minimum Required
Interior Side Yard
Setback for existing
single detached
dwelling - 5.6m
A(1)
147
(51/2023)
(B-20)
(i) Any Dwelling Unit
(ii) The housing of
livestock
(i)
Minimum Required
Interior Side Yard
Setback for existing
agricultural
structure - 14.7m
(ii)
Minimum Required
Interior side yard
for setbacks of
existing
RES3
148
OLT
63/2023
(i) Single Detached
(ii) a Public Use
including a
school, park, or
walkway
(iii) Additional
residential units
in accordance
with Section
4.2.1
(i)
Minimum Lot Area -
230 square metres
(ii)
Minimum Lot
Frontage - 8.4
metres
(iii) Minimum Required
Front Yard to the
main wall of the
dwelling
a. Lot with vehicular
access from a
public street
(front) - 4.5
metres
b. Lot with vehicular
access from a
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
185
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
lane (rear) - 3.0
metres
(iv) Minimum Required
Setback to Attached
Garage from a
public street - 6.0m
(v)
Minimum Required
Exterior Side Yard
a. Abutting a local
road right-of-way
of 17.0 metres or
greater - 3.0
metres
b. Abutting a local
road right-of-way
of 14.5 metres or
lane right-of-way
of 7.5 metres-
2.0 metres
(vi) Minimum Required
Interior Side Yard -
1.2 metres and 0.6
metres (provided the
minimum cumulative
interior side yard of
abutting yards shall
be 1.8 metres)
(vii) Minimum Required
Rear Yard
a. Lot with vehicular
access from a
public street
(front) - 6.0
metres
b. Lot with vehicular
access from a
lane (rear) - 10.5
metres to the
main rear wall of
the dwelling
excluding any
breezeway,
attached private
garage, or porch
c. For the purpose
of Clause (vii) a
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a
frontage of 7.6
metres in width.
The width of a
breezeway may
be increased by
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
186
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
0.3 metres for
each additional
0.3 metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall
be from the inner
side of the
exterior walls or
supporting
structure.
(viii) Notwithstanding the
provisions of Section
4.1.1 (Private
Garages) or any
other provision in
this By-law, the
minimum setback for
a private garage
from a lot line
dividing the lot from
a lane shall be 0.3
metres from the lot
line
(ix) For the purpose of
Clauses (iii) to (viii),
in the case of a
corner lot, the
setbacks of the
dwelling and garage
shall be calculated
as if the exterior side
lot line was
extended to its
hypothetical point of
intersection with the
extension of the
front lot line and rear
lot line dividing the
lot from a lane
(x)
Maximum number of
dwellings - 60 (does
not include
additional residential
units)
(xi) Notwithstanding the
provisions of Table
4.1 (Provisions for
Urban Residential,
Commercial,
Employment and
Institutional Zones),
or any other
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
187
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
provision in this By-
law:
a. the provision for
'Setback from
exterior side lot
line' shall not
apply
b. The maximum
floor area for any
accessory
buildings and
structures shall
be 20%
(xii) Notwithstanding the
provisions of Section
4.33.1 (Sight
Triangles -
Application), or any
other provision in
this By-law, the
minimum sight
triangle dimensions
shall be 3.0m for
Local Roads with a
connection to
Strachan Street, and
1.5m for Laneways
(xiii) Notwithstanding the
provisions of Section
4.8 (Encroachment
of Architectural
Features), or any
other provision in
this by-law, for lots
14.0m or larger,
accessed from a
lane, a balcony may
be permitted on the
roof top of an
attached garage
provided:
a. the garage is no
higher than one
storey beyond
the main rear
wall;
b. that the minimum
distance between
any two
balconies on
abutting
properties is 6.0
metres, and;
c. that the garage
has a minimum
setback of 6.0
metres from the
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
188
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
rear lot line.
(xiv) Notwithstanding the
provisions of Section
4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters
and roof overhangs,
are permitted to
encroach into the
smallest interior side
yard on the lot
provided that in no
case shall the
architectural feature
be located closer
than 0.2 metres to
the interior side lot
line.
(xv) Notwithstanding the
provisions of
Section 4.15
(Model Homes), or
any other provision
in this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved Plan
of Subdivision are
constructed as
model homes.
RES3
149
OLT
(63/2023)
(i) Street
Townhouse
(ii) a Public Use
including a
school, park, or
walkway
(iii) Additional
residential units
in accordance
with Section
4.2.1
(i) Minimum Lot Area
for an end unit on an
interior lot - 232.0
square metres
(ii) Minimum Lot
Frontage for an end
unit on an interior lot
- 7.88 metres
(iii) Minimum Required
Front Yard to the
main wall of the
dwelling - 3.0
metres
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
189
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(iv) Minimum Required
Interior Side Yard -
1.2 metres
(v) Minimum Required
Rear Yard - 10.5
metres to the main
rear wall of the
dwelling excluding
any breezeway,
attached private
garage, or porch
a. For the purpose
of Clause (v) a
breezeway shall
not be more than
one (1) storey in
height and shall
not have a width
greater than 2.2
metres on a lot
having a frontage
of 6.55 metres in
width. The width
of a breezeway
may be
increased by 0.3
metres for each
additional 0.3
metres of lot
frontage to a
maximum of 4
metres. The
measurement of
the width shall be
from the inner
side of the
exterior walls or
supporting
structure.
(vi) Notwithstanding
the provisions of
Section 4.1.1
(Private Garages)
or any other
provision in this
By-law, the
minimum setback
for a private
garage from a lot
line dividing the lot
from a lane shall
be 0.3 metres from
the lot line
(vii) Maximum number
of dwellings - 43
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
190
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
(does not include
additional
residential units)
(viii) Notwithstanding
the provisions of
Table 4.1
(Provisions for
Urban Residential,
Commercial,
Employment and
Institutional
Zones), or any
other provision in
this By-law:
a. the provision
for 'Setback
from exterior
side lot line'
shall not apply
b. The maximum
floor area for
any accessory
buildings and
structures shall
be 20%
(ix) Notwithstanding
the provisions of
Section 4.33.1
(Sight Triangles -
Application), or
any other provision
in this By-law, the
minimum sight
triangle
dimensions shall
be 3.0m for Local
Roads with a
connection to
Strachan Street,
and 1.5m for
Laneways
(x)
Notwithstanding
the provisions of
Section 4.8
(Encroachment of
Architectural
Features), or any
other provision in
this by-law,
architectural
features such as
sills, belt courses,
cornices, chimney
breasts, pilasters
and roof
overhangs, are
Municipality of Port Hope Zoning By-law
August 2023
Part 12 - Exceptions
191
Col.1
Col. 2
Col. 3
Column 4
Column 5
Column 6
Zone
Exception
Number
Additional
Permitted Uses
Only
Permitted Uses
Uses
Prohibited
Special Provisions
permitted to
encroach into the
smallest interior
side yard on the lot
provided that in no
case shall the
architectural
feature be located
closer than 0.2
metres to the
interior side lot
line.
(xi) Notwithstanding
the provisions of
Section 4.15
(Model Homes), or
any other provision
in this by-law, not
more than 10% of
the total number of
residential units
contained in the
draft approved
Plan of Subdivision
are constructed as
model homes.
Municipality of Port Hope Zoning By-law
Aug 2023
Part 13 - Holding Provisions
192
PART 13 - HOLDING PROVISIONS
13.1 Notwithstanding any other provision in this By-law, where a Zone symbol
is followed by a set of brackets, a letter "H" and a number contained within those
brackets - for example RES4(H1) - the symbol refers to a Holding provision that
applies to the lands noted. No person shall use or permit the land to which the
Hold applies for any use other than the use which legally existed on the date the
By-law applying the Holding provision came into effect or the use(s) permitted in
the By-law enacting the Hold, or expand or replace an existing building or
structure as the case may be, until the Hold (H) is removed in accordance with
the policies of the Official Plan and Section 36 of the Planning Act, R.S.O. 1990,
c.P.13, as amended.
13.2 Notwithstanding the above, public uses in accordance with Section 4.28 of
this By-law, model homes in accordance with Section 4.15 of this By-law
constructions uses in accordance with Section 14.1.1 of this By-law, a sales
office in accordance with Section 14.1.2, asphalt plant or portable concrete plant
in accordance with Section 14.1.3 of this By-law are permitted without the need
to remove the Holding provision.
13.3 The Municipality may pass a By-law pursuant to Section 36 of the
Planning Act, R.S.O. 1990, c.P. 13, as amended to remove the Holding (H)
Symbol, thereby placing the lands in the zone indicated by the zone symbol,
when all of the applicable requirements have been met. For the purposes of this
By-law, a number of distinct holding provisions have been applied as set out in
Table 13.1, below:
13.4 In Table 13.1:
13.1.1 Column 1 sets out the number of each Holding (H) provision
which corresponds to an area of the Municipality identified
on the Zoning Schedules by the same number, contained
within a set of brackets following a Zone symbol, denoting a
Holding (H) provision;
13.1.2 Column 2 identifies the general applicability of the Holding
(H) provision;
13.1.3 Column 3 identifies the property subject to the Holding (H)
provision;
13.1.4 Column 4 sets out the conditions for removal of the Holding
(H) provision;
13.1.5 Column 5 identifies the date of enactment of the Holding (H)
provision;
All other provisions of this By-law continue to apply to the lands
subject to this Section.
Municipality of Port Hope Zoning By-law
Aug 2023
Part 13 - Holding Provisions
193
Table 13.1: Holding (H) Provisions
Col. 1
Column 2
Column 3
Column 4
Col. 5
Symbol
Application
Property/
Legal
Description
Conditions for Removal
Date
Enacted
H1
Lands where a
development
agreement is
required
Multiple
properties
The Holding (H1) provision may be lifted
once the Municipality is satisfied that an
appropriate Subdivision Agreement and/or
Site Plan Agreement and/or Development
Agreement has been executed.
Jun. 29,
2010
H2
Former waste
management
facilities and
adjacent lands
Multiple
properties
The Holding (H2) provision may be lifted
once the Municipality is satisfied that the
proposed use and/or development will be
compatible with the waste management
facilities in accordance with Section C17
(Solid Waste Management) of the Official
Plan.
Jun. 29,
2010
H3
LLRWM
Evaluation Area
Multiple
properties
The Holding (H3) provision may be lifted
once the Municipality is satisfied that the
proposed development will be compatible
with the Low-Level Radioactive Waste
Management Area in accordance with
Section D4.4 (Low-Level Radioactive Waste
Management) of the Official Plan.
Jun.29,
2010
H4
Oak Ridges
Moraine
Environmental
Review
Multiple
Properties
The Holding (H4) provision may be lifted
once an appropriate Natural Heritage
Evaluation and Hydrological Evaluation are
completed
to
the
satisfaction
of
the
Municipality
and
the
appropriate
Conservation Authority, in accordance with
the policies of the Oak Ridges Moraine
Conservation Plan.
Apr. 12,
2005
H5
New single
detached
dwellings on the
Oak Ridges
Moraine
All properties
in the following
Zones:
- ORM-C
- ORM-EP
- ORM-MX
- ORM-L
- ORM-RU
- ORM-V
The Holding (H5) provision may be lifted
once an appropriate Natural Heritage
Evaluation and Hydrological Evaluation are
completed
to
the
satisfaction
of
the
Municipality
and
the
appropriate
Conservation Authority, in accordance with
the policies of the Oak Ridges Moraine
Conservation
Plan,
and
once
The
Municipality is satisfied that a Site Plan
Agreement has been executed.
Apr. 12,
2005
H6
Factory Outlet
Mall Site
Part of Lot 2,
Concession 2
The Holding (H6) provision may be lifted
once
a
Traffic
Impact
Analysis
and
Servicing Impact Study are completed to
the satisfaction of the Director of Public
Works,
the
necessary
drawings
and
agreements concerning the alignment and
reconstruction of Telephone Road are
completed to the satisfaction of the Director
of Public Works and an appropriate Site
Plan Agreement has been executed.
Oct. 25,
2005
Municipality of Port Hope Zoning By-law
Aug 2023
Part 13 - Holding Provisions
194
Col. 1
Column 2
Column 3
Column 4
Col. 5
Symbol
Application
Property/
Legal
Description
Conditions for Removal
Date
Enacted
H7
Penryn Mason
Homes Phase 1
Multiple
Properties
The Holding (H7) provision shall be lifted
once a Heritage Impact Assessment ("HIA")
is completed to the satisfaction of the
Municipality and any recommendations of
the HIA are implemented to each of the lots
within the zone.
Jun 9,
2021
Municipality of Port Hope Zoning By-law
Aug 2023
Part 14 - Temporary Use Zones
195
PART 14 - TEMPORARY USE ZONES
14.1
MUNICIPALITY-WIDE
14.1.1
Construction Uses
Nothing in this By-law shall prevent uses incidental to construction, such as a
construction camp or other such temporary work camp, tool shed, scaffold or
other building or structure incidental to the construction, only for so long as the
same are necessary for work in progress that has neither been finished nor
abandoned.
14.1.2
Sales Office
Nothing in this By-law shall prevent the use of land for a sales office for the sale
of residential, industrial or commercial suites (excluding a model home) provided
that the suites to be sold are to be located on lands within the limits of the
Municipality, and provided the lands are not within the following zones:
a)
Agricultural (A) Zone;
b)
Oak Ridges Moraine - Core (ORM-C) Zone;
c)
Oak Ridges Moraine - Environmental Protection (ORM-EP)
Zone;
d)
Oak Ridges Moraine - Extractive Industrial (ORM-MX) Zone;
e)
Oak Ridges Moraine - Linkage (ORM-L) Zone;
f)
Oak Ridges Moraine - Rural (ORM-RU) Zone;
g)
Oak Ridges Moraine - Village (ORM-V) Zone;
h)
Environmental Protection (EP) Zone;
i)
Open Space (OS) Zone;
j)
Major Recreational (OSR) Zone; and,
k)
Environmental Protection - Floodplain (EP-F) Zone.
Municipality of Port Hope Zoning By-law
Aug 2023
Part 14 - Temporary Use Zones
196
14.1.3
Wayside Pit or Quarry, Portable Asphalt and Concrete Plants
A wayside pit or wayside quarry, portable asphalt plant or portable concrete plant
is permitted in any Zone with the exception of the following zones:
a)
Agricultural (A) Zone;
b)
Oak Ridges Moraine - Core (ORM-C) Zone;
c)
Oak Ridges Moraine - Environmental Protection (ORM-EP)
Zone;
d)
Oak Ridges Moraine - Extractive Industrial (ORM-MX) Zone;
e)
Oak Ridges Moraine - Linkage (ORM-L) Zone;
f)
Oak Ridges Moraine - Rural (ORM-RU) Zone;
g)
Oak Ridges Moraine - Village (ORM-V) Zone;
h)
Environmental Protection (EP) Zone;
i)
Open Space (OS) Zone;
j)
Major Recreational (OSR) Zone; and,
k)
Environmental Protection - Floodplain (EP-F) Zone.
Notwithstanding the above, in no case shall a wayside pit or wayside quarry be
located closer than 150.0 metres to a Residential Zone boundary or 90.0 metres
from a dwelling unit, whichever is the greater.
14.1.4
Garden Suite
A garden suite shall only be permitted where identified as a
permitted use in this By-law. Unless otherwise modified or
amended otherwise, all provisions of the zone the subject lot is
located within shall apply to the garden suite.
14.2
SITE-SPECIFIC PERMISSIONS
Where on Schedules to this By-law, a zone symbol is preceded by the letter "T",
a number and a dash, one or more additional but temporary uses are permitted
on the lands noted until the permission granted by the site specific Temporary
Use By-law expires in accordance with the policies of the Official Plan and
Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended. Table 14.1,
below, identifies the Temporary Use Zones within the Municipality.
Municipality of Port Hope Zoning By-law
Aug 2023
Part 14 - Temporary Use Zones
197
In Table 14.1:
14.2.1 Column 1 sets out the temporary use symbol of each
temporary use permission which corresponds to an area of
the Municipality identified on the Zoning Schedules by the
same symbol, preceding a dash and a Zone symbol,
denoting a temporary use permission;
14.2.2 Column 2 identifies the Zone subject to the Temporary Use
By-law;
14.2.3 Column 3 identifies the property subject to the Temporary
Use By-law;
14.2.4 Column 4 sets out the temporary uses permitted;
14.2.5 Column 5 sets out any zone standards and other special
provisions applicable to the temporary use(s);
14.2.6 Column 6 identifies the date of enactment of the Temporary
Use By-law;
14.2.7 Column 7 identifies the date of expiry of the Temporary Use
By-law;
14.2.8 All other provisions of this By-law continue to apply to the
lands subject to this Section.
Table 14.1: Temporary Use Permissions
Col. 1
Col. 2
Column 3
Column 4
Column 5
Col. 6
Col. 7
Exception
Number
Zone
Subject
Property
Temporary
Uses
Permitted
Special Provisions
Date
Enacted
Date
Expires
T3
(05/2016)
(B-22)
Part of Lot 4
Concession 9
(9451
Woodvale
School Road)
(i) Garden
suite
(i) Access to both dwellings
(principal & garden suite)
shall be limited to the same
driveway;
(ii) Maximum gross floor area
for a garden suite - 90.0
square metres;
(iii) Maximum height for a
garden suite - 4.5 metres;
(iv) One garden suite shall be
permitted on the subject
lands;
(v) Maximum lot coverage -
30%.
(vi) The garden suite shall be
located within a building
envelope with the following
setbacks:
-
Minimum setback from
northern property line -
158 metres;
-
Minimum setback from
southern property line -
285 metres;
-
Minimum setback from
Woodvale School Road
Feb 2,
2016
Feb 2,
2026
Municipality of Port Hope Zoning By-law
Aug 2023
Part 14 - Temporary Use Zones
198
Col. 1
Col. 2
Column 3
Column 4
Column 5
Col. 6
Col. 7
Exception
Number
Zone
Subject
Property
Temporary
Uses
Permitted
Special Provisions
Date
Enacted
Date
Expires
- 117 metres;
-
Minimum setback from
eastern property line -
259 metres.
T4
(64-2018)
(46/2021)
(B-16)
EMP1
Part of Lots
30 and 31
Concession
1
(i) Conservation
Use
(ii)
Single
Detached
Dwelling,
Accessory
Single detached dwelling is
ancillary to a permitted non-
residential use and occupied by
the owner, caretaker, watchman
or other similar person, and
family, as is employed on the lot
on which such dwelling house is
located.
August
7, 2018
August
3, 2024
T5
(23/2023)
(A-1)
RES1-
1
196 Toronto
Road
(i) Offices
(ii) Laboratory
(iii) Training
Facility
(iv) Storage of
Soil Samples
(i) Access from LTWMF
Access Road
(ii) Parking for the Temporary
Uses.
May 16,
2023
May 16,
2026
T6
(23/2023)
(B-15)
COMR
(H3)
2267 Baulch
Road
(i) Soil Sample
Storage in
Containers
and Quonset
Hut(s)
(ii) Parking
Associated
with the
Adjacent Low
Level
Radioactive
Management
Facility.
(i) Access from LTWMF
Access Road
May 16,
2023
May 16,
2026
T7
(32/2023)
(A-1)
RES1-
2
230 Walton
Street
(i) Suite
(i) 'Suite' means a series of
rooms of complementary
use, operated under a
single tenancy and includes
dormitories.
(ii) maximum number of
students- 20
(iii) maximum 10 parking
spaces on site including 1
barrier-free parking space.
(iv) 1 loading space on existing
driveway on Walton Street
July 4,
2023
July 4,
2026
Municipality of Port Hope Zoning By-law
Aug 2023
Part 15 - Enactment
199
PART 15 - ENACTMENT
15.1
FORCE AND EFFECT
This By-law shall come into effect in accordance with the Planning Act, R.S.O.
1990, c.P.13, as amended.
15.2
READINGS BY COUNCIL
BY-LAW READ A FIRST AND SECOND TIME THIS 29th DAY OF June, 2010.
BY-LAW READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 29th
DAY OF June, 2010.
MAYOR: ________________________
Linda Thompson
(Municipal Seal)
CLERK: ________________________
S.C. Dawe
15.3
CERTIFICATION
I hereby certify that the foregoing is a true copy of Zoning By-law 20/2010 as
enacted by the Council of the Corporation of the Municipality of Port Hope on the
29th day of June, 2010.
CLERK: ________________________