This is the exact embedded text of the captured official document.
Snapshot 3e14bc43cc99 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Prescott Zoning By-law
i
Town of Prescott
Zoning By-law
By-Law № 09-2009
File P-1770
February 17th, 2009
Town of Prescott Zoning By-law
i
Town of Prescott
Zoning By-Law № 09-2009
Table of Contents
Page
Foreword.......................................................................................................................1
Certificate of Adoption ............................................................................................2
How to Use this By-law............................................................................................3
Section 1 Administration.......................................................................................4
Section 2 Conformity Requirements.................................................................8
Section 3 Definitions ...............................................................................................9
Section 4 General Provisions
4.1
Accessory Apartments .........................................................73
4.2
Accessory Buildings, Structures and Uses ...........................73
4.3
Automobile Service Station, Gas Bare, Car Wash,
Fuel Pump Island and Gasoline Lock Facility .....................76
4.4
Bed and Breakfast Establishment ........................................77
4.5
Bicycle Parking Requirements .............................................78
4.6
Buildings to be Moved .........................................................80
4.7
Change in Lot Size ...............................................................80
4.8
Change in Use ......................................................................80
4.9
Converted Dwellings and Basement Apartments ................80
4.10
Cumulative Standards ..........................................................81
4.11
Established Building Line ....................................................81
4.12
Fences ..................................................................................81
4.13
Flood Plain ...........................................................................82
4.14
Frontage on a Street or Private Road ...................................83
4.15
Frontage on More than One Street .......................................84
4.16
Garbage Storage ...................................................................84
4.17
Garden Suites .......................................................................85
4.18
Green Roofs .........................................................................85
4.19
Group Homes .......................................................................85
4.20
Height Exceptions ................................................................86
4.21
Holding Symbol ...................................................................86
4.22
Home Based Businesses ......................................................87
Town of Prescott Zoning By-law
ii
4.23
Illumination ..........................................................................89
4.24
Land Suitability for Use .......................................................89
4.25
Landscaped Open Space ......................................................90
4.26
Loading Space Requirements ..............................................92
4.27
Minimum Distance Separation, Influence Areas and
Special Setbacks ...................................................................93
4.28
Municipal Services ...............................................................95
4.29
Non-Conforming Uses, Buildings, Structures and Lots ......95
4.30
Obnoxious Uses ...................................................................97
4.31
Occupancy Restrictions .......................................................97
4.32
Open Storage ........................................................................97
4.33
Outdoor Patios .....................................................................98
4.34
Parking Requirements ........................................................102
4.35
Pits and Quarries ................................................................108
4.36
Prohibited Uses ..................................................................108
4.37
Public Service Uses ............................................................109
4.38
Railway Crossings and Sight Distance ..............................109
4.39
Side Yard Requirements ....................................................110
4.40
Sight Triangles on Corner Lots ..........................................110
4.41
Signs ...................................................................................110
4.42
Solar Collectors ..................................................................110
4.43
Special Exception Zones ....................................................111
4.44
Streets and Paths ................................................................111
4.45
Temporary Uses Permitted ................................................111
4.46
Wind Turbines ...................................................................112
4.47
Yard Encroachments ..........................................................113
4.48
Zones Applying to More than One Property ......................115
Section 5
Zones
5.1
Zone Classification ............................................................116
5.2
Zones...................................................................................116
5.3
Interpretation of Zone Boundaries .....................................117
5.4
Low Density Residential (R1) Zone ..................................118
5.5
Medium Density Residential (R2) Zone ............................126
5.6
High Density Residential (R3) Zone ..................................128
5.7
Core Commercial (CC) Zone .............................................132
5.8
General Commercial (C1) Zone .........................................135
5.9
Highway Commercial (C2) Zone .......................................138
5.10
Waterfront Mixed Use Development (CW) Zone .............140
5.11
General Industrial (M1) Zone ............................................144
5.12
Light Industrial (M2) Zone ................................................146
5.13
Institutional (I) Zone ..........................................................148
5.14
Open Space (OS) Zone ......................................................150
5.15
Public Parks (P) Zone ........................................................152
5.16
Development (D) Zone ......................................................154
Town of Prescott Zoning By-law
iii
Zoning Schedule 'A'
Town of Prescott Zoning By-law
1
The Corporation of the Town of Prescott
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Town of Prescott. Any new development
or redevelopment must comply with the requirements of the By-law before a building
permit can be issued. Applicants are encouraged to pre-consult with the Town on how the
zoning requirements apply.
Changes to the requirements contained in this By-law may be made with prior approval
by the Town as provided for under the Planning Act. Significant changes may require a
rezoning. Minor variations to the By-law may be granted by the Town's Committee of
Adjustment. Both processes require formal applications to be submitted to the
Municipality and both involve mandatory public notification.
Should you have any questions about the interpretation of the wording of this by-law or
the process involved to obtain relief from its provisions, please contact the Town Office.
Town of Prescott Zoning By-law
2
Town of Prescott Zoning By-law
3
HOW TO USE THIS BY-LAW
Step 1 - LOCATE YOUR PROPERTY AND DETERMINE THE ZONE
Use the zoning schedules (maps) at the end of this document to locate the
property you are interested in. Identify the zone symbol that applies to that
property. Zone examples include R1, R2, R3, CC, C1, C2, CW, M1, M2, I, OS,
P, and D.
Step 2 - DETERMINE WHAT USES ARE PERMITTED IN THE ZONE
Use one of the Zone Tables to determine what uses are permitted in the Zone
you have identified. (Note: Section 5.1 of the text also identifies the name of the
zone that corresponds to a zone symbol.) The uses in the Tables are listed
alphabetically. Run your finger down the first column to find the use you are
interested in. If you find the use you are interested in, it is permitted in the Zone.
Otherwise, it is not permitted in that Zone.
Step 3 - DETERMINE WHAT ZONE REQUIREMENTS APPLY
Once the use is determined to be permitted, move down to the Zone
Requirements table. In this table, it will indicate what the minimum
requirements will be i.e. minimum lot area, frontage etc. These standards will
help you determine where you can locate a building or structure on your lot.
Step 4 - DETERMINE IF ANY GENERAL PROVISIONS APPLY
Development of the property may be affected by Section 4 - General
Provisions. General Provisions can apply to any zone anywhere in the
municipality. This section contains provisions that apply to such matters as
Accessory Uses, Height Exceptions, Home Based Businesses. Use this section
to determine how a particular land use might be affected.
Step 5 - CLARIFY THE MEANING OF A USE
Throughout the by-law some words are shown in black italicized script. These
words are defined in Section 3 - Definitions. If you are unsure as to what a
particular word means or what the scope of a permitted use includes, then refer
to the alphabetical list of definitions to assist you. This section also contains
illustrations which are intended to help with understanding the definition.
Town of Prescott Zoning By-law
4
Section 1 ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and
requirements of the By-law. It names the By-law, states its
relationship with other by-laws, defines the area to which it
applies, how it is to be enforced, etc. In essence, it
identifies the legal parameters within which the By-law
functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No.09-2009
of the Corporation of the Town of Prescott.
1.2
Applications and Plans
In addition to the requirements of any Building By-law, every application
for a building permit shall be accompanied by a plan, drawn to scale and
showing the following:
(a)
the true shape, dimensions and/or legal description of the lot to be
built upon or otherwise used;
(b)
the proposed location, height and dimensions of any building,
structure or use proposed for such lot;
(c)
the proposed location, setback, height and dimensions of yards,
landscaping, off-street parking spaces and off-street loading spaces
required by this By-law;
(d)
the location of all existing buildings or structures on the lot,
including the lot area, lot coverage of existing and proposed
structures;
(e)
a statement, signed by the owner disclosing the current use of all
existing and proposed uses of land, buildings or structures and
such other information as may be required to determine whether
the uses conform with the requirements of this by-law.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal
boundaries of the Corporation of the Town of Prescott.
Town of Prescott Zoning By-law
5
1.4
Effective Date
This By-Law shall come into full force and effect on the date of passing
by Council, in accordance with Section 34 of the Planning Act, R.S.O.
1990, as amended.
1.5
Enforcement
This By-law shall be administered by the Zoning Administrator or such
other person as may from time to time be designated by Council, and no
permit for the use of land or for the erection or use of any building or
structure or approval of application for any municipal license within the
jurisdiction of the Council shall be issued or given where the proposed
building, structure or use would be a violation of any provision of this By-
law.
1.6
Inspection of Land, Buildings and Structures
(a)
Subject to Sections 49 and 49.1 of the Planning Act, R.S.O. 1990,
the Chief Building Official or other such person as may from time-
to-time be designated by Council or any person acting under his or
her instructions, and upon producing proper identification, is
hereby authorized to enter, at all reasonable times, upon any
property or premises for the purpose of carrying out his duties
under this By-law.
(b)
Notwithstanding any provisions of Section 1.5 (a) hereof to the
contrary, no officer or employee of the Corporation shall enter any
room or place actually being used as a dwelling unit without
obtaining the consent of the occupier, first having informed the
occupier that the right of entry may be refused, except under the
authority of a search warrant issued under Section 158 of the
Provincial Offenses Act.
1.7
Penalty
(a)
Every person who violates any of the provisions of this By-law is
guilty of an offense and upon conviction thereof shall forfeit and
pay a penalty not exceeding Twenty-Five Thousand Dollars
($25,000.00), on a first conviction, and Ten Thousand Dollars
($10,000.00) on a subsequent conviction for each day or part
thereof upon which the contravention has continued after the day
of the first conviction.
(b)
Where a corporation is convicted under subsection (a), the
maximum penalty that may be imposed is Fifty Thousand Dollars
Town of Prescott Zoning By-law
6
($50,000.00) on a first conviction and Twenty Five Thousand
Dollars ($25,000.00) on a subsequent conviction for each day or
part thereof upon which the contravention has continued after the
day of the first conviction.
(c)
In the case where any building or structure is erected or altered, or
any part thereof is used, or any lot is used, in contravention of any
of the requirements of this By-law, such contravention may be
restrained by action at the instance of any ratepayer or of the
Corporation pursuant to the provisions of the Municipal Act or the
Planning Act in that behalf.
1.8
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws
passed under Section 34 of the Planning Act, R.S.O. 1990, or its
predecessor, are hereby repealed.
The adoption of this By-law shall not prevent any pending or future
prosecution of, or action to abate any existing violation of the said By-
laws if the violation is also a violation of any of the provisions of this By-
law.
1.9
Validity
Should any Section or part of a Section of this By-law or Schedule hereto
be declared by a court of competent jurisdiction to be invalid, the same
shall not affect the provisions of this By-law as a whole or any part thereof
other than the part declared to be invalid.
1.10
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the area affected by this
By-law, or from applying for and obtaining any permit, license,
permission, authority or approval required by this or any other By-law or
regulation of the Corporation or by any other law and restrictions lawfully
imposed or in force by an authority having jurisdiction to make such
restrictions.
1.11
Conflict
In the event of a conflict between this By-law and amendments thereto,
and any general or special By-law, the most restrictive By-law shall
prevail.
Town of Prescott Zoning By-law
7
1.12
Interpretation
(a)
Interpretation
The Legislation Act, S.O. 2006 applies to this By-law.
(b)
Definitions
Definitions are given in this By-law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By-
law. They are not to be used to avoid an obligation imposed by the
By-law or any requirement enacted in a substantive provision of
the By-law.
(c)
Citation
This By-law may be cited by its long title ("A By-law to Regulate
the Use of Land, Buildings and Structures within the Town of
Prescott"), its short title ("Town of Prescott Zoning By-law") or its
by-law number, and any such citation is to be taken as meaning the
By-law as amended.
(c)
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to
one gender includes the other.
(d)
Reference
Appendices, diagrams, glossaries, explanatory notes, headings,
indices, marginal notes and references to former enactments or
enabling legislation after a section or other division of the By-law,
do not form part of the By-law and are inserted for convenience of
reference only.
(f)
Measurement
This By-law utilizes the metric system to establish measurements
when such measurements form part of a regulation or a
requirement. Imperial measurements are inserted for convenience
of reference only. In this By-Law, the word "shall" is mandatory;
words in the singular include the plural; words in the plural include
the singular; words in the present tense include the future. Where
linear distances other than those referring to vertical measurements
are specified, such linear distances are to be measured on a
horizontal plane.
Town of Prescott Zoning By-law
8
Explanatory Note
This Section establishes the authority and legitimacy of the
By-law. It is composed of statements which establish the
primacy of the regulations stated within.
2.1
No land, building or structure shall be used and no building or structure shall
be used, erected or enlarged, altered or placed for any purpose within the area
defined by this By-law, except as specifically, or by necessary implication,
authorized by this By-law and in conformity with all the applicable provisions
of this By-law.
2.2
Subject to the granting of such minor variances as may be necessary, no lands
shall be severed from any existing lot if the effect of such action is to cause
the original, adjoining, remaining or new building, structure, lot or use of land
to be in contravention of any provision of this By-law.
2.3
Where a use does not take place within a building, but a regulation in this By-
law imposes a requirement premised on the use being in a building, the
requirement applies as though the actual area occupied by the use was in a
building.
2.4
Committee of Adjustment
Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly
appointed Committee of Adjustment is authorized to grant relief to any
provisions of the Zoning By-law of the Town of Prescott, by way of granting
a minor variance or by giving a permission for the enlargement or extension
of a non-conforming use or to permit a change of use to a similar or more
compatible use or to authorize a use that conforms with those permitted in the
By-law, despite that a use, building or structure may be defined in general
terms.
Criteria for evaluating Minor Variances (section 45(1) of the Planning Act):
1. The general intent and purpose of the Official Plan are maintained;
2. The general intent and purpose of the Zoning By-law are maintained;
3. The variance is minor; and
4. The proposed use of land, building or structure is desirable for
appropriate development.
Application has to meet all four tests to be approved.
Section 2 CONFORMITY REQUIREMENTS
Town of Prescott Zoning By-law
9
Section 3 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and
interpretations given in this Section shall govern. In this
By-law, the word "shall" is mandatory and not directory;
words in the singular include the plural, words in the
plural include the singular; the word "used" includes
"arranged", "designed" or "intended to be used". The word
"occupied" shall include "designed to be occupied" and
"arranged to be occupied".
General
Definitions of words and phrases used in this By-law that are not included in the list of
definitions in Section 3 shall have the meanings that are commonly assigned to them in
the context in which they are used as defined in a dictionary.
3. A
Accessory
When used to describe a use, building or structure, shall mean a use,
building or structure naturally or normally incidental, subordinate and
exclusively devoted to a main use, building or structure and located on the
same lot therewith. Examples of accessory buildings or structures are a
detached garage, a storage shed, a swimming pool or a satellite dish.
Examples of accessory uses are a home based business, an apartment
above a store, or a retail outlet within a manufacturing plant.
Accessory Building - see Accessory
Accessory Dwelling
Shall mean a fully-detached dwelling which is accessory to a permitted
non-residential use.
Accessory Apartment
Shall mean a separate and self-contained dwelling unit (e.g. includes
cooking, sanitation and sleeping facilities) in or added to a single detached
dwelling unit and which has a separate entrance.
Town of Prescott Zoning By-law
10
Accessory Dwelling Unit
Shall mean a self-contained dwelling unit which is part of and accessory to
a permitted non-residential building other than an automobile service
station or an automobile repair garage.
Accessory Structure - see Accessory
Accessory Use - see Accessory
Adult Entertainment Establishment
Shall mean any premises or part thereof in which the pursuance of a
business provides goods, entertainment or services that are designed to
appeal to the erotic or sexual appetites or inclinations.
Adult Video Rental and Sales Outlet
Shall mean an establishment where pre-recorded video tape, video discs,
game cartridges, video cameras or video players/recorders are offered for
rent or rented as a principal or accessory business activity and includes the
sale of electronic home entertainment products, computer disks, software,
CD-ROMs or other computerized systems designed or advertised as
designed to appeal to erotic or sexual appetites or inclinations.
Adverse Effect
In accordance with the Environmental Protection Act, adverse effect shall
mean one or more of:
(a)
impairment of the quality of the natural environment for any use
that can be made of it,
(b)
injury or damage to property or to plant or animal life,
(c)
harm or material discomfort to any person,
(d)
an adverse effect on the health of any person,
(e)
impairment of the safety of any person
(f)
rendering any property or plant or animal life unfit for use by man,
(g)
loss of enjoyment of normal use of property, and
(h)
interference with the normal conduct of business.
Aisle
Shall mean the travelled way by which motor vehicles enter and depart
parking spaces.
Town of Prescott Zoning By-law
11
Alter
(a)
When used in reference to a building, structure or part thereof,
shall mean:
i)
to change any one or more of the internal or external
dimensions of such building or structure; or
ii)
to change the type of construction of the exterior walls or
roof of such building or structures; or
iii)
to change the use of such building or structure or the
number or types of uses or dwelling units contained
therein.
(b)
When used in reference to a lot shall mean:
iv)
to change the boundary of such lot with respect to a street
or lane, whether such alteration is made by conveyance or
alienation of any portion of the lot, or otherwise; or
v)
to change any dimension or area, relating to such lot (e.g.
width, depth or area of a lot or required yard, landscaped
open space or parking area); or
vi)
to change the use of such lot or the number of uses located
thereon.
(c)
When used in reference to a shoreline shall mean:
vii)
to change, straighten, divert or interfere in any way with the
channel of any watercourse.
Altered and alteration shall have corresponding meanings.
Ambulance Facility
Shall mean a building or part of a building where professional paramedics
and personnel are stationed and their vehicles and equipment are kept.
Ambulance Service
Shall mean an ambulance service, which is licensed by the Ministry of
Health and Long Term Care in accordance with the Ambulance Act.
Town of Prescott Zoning By-law
12
Amenity Space
Shall mean the total area or areas within a lot provided for the use of the
residents of a residential building or a commercial building containing
residential units located on the lot for the purpose of personal recreation
space or shared recreation space.
Antique Store
Shall mean a retail store selling any old and authentic objects of personal
property which were made, fabricated or manufactured which have a
unique appeal and enhanced value mainly because of its age, and, in
addition, may include the sale of any article of personal property which
was made, fabricated or manufactured twenty or more years earlier and
because of public demand had attained a value in a recognized commercial
market which is in excess of its original value.
Apartment Building - see Dwelling - Apartment
Apartment Hotel
Shall mean a hotel where a number of the living accommodation units
may be dwelling units.
Arcade or Video Arcade
Shall mean an establishment where more than three amusement machines
are available for public use and are operated for commercial gain, but does
not include premises licensed to serve alcohol, a seasonal agricultural fair,
an amusement park or the premises of a non-profit organization,
association, institution or club which is operated for social, educational,
recreational, religious or fraternal purposes.
Art Gallery
Shall mean a building, place or area where paintings, sculptures or other
works of art are exhibited or sold.
Artisan Shop or Studio - see Studio
Assembly Hall - see Place of Assembly
Town of Prescott Zoning By-law
13
Attached
Shall mean a building or structure otherwise complete in itself which is
connected to, and which depends for structural support upon a division
wall or walls shared in common with an adjacent building or buildings.
Attic
Shall mean that portion of a building immediately below the roof and
wholly or partly within the roof framing, which is not used as a habitable
room.
Auction Hall
Shall mean a building, a structure or parts thereof, or any lands or
premises used for the storage of goods or materials which are to be sold on
the premises by public auction, and for the sale of the said goods and
materials by public auction. An auction barn shall be included within this
definition.
Auditorium - see Place of Assembly
Automobile Body Shop
Shall mean a building or establishment with a service bay or paint booth,
where painting, refinishing, restoration, alterations, or repairs are made to
motor vehicles and where the services are performed for gain or profit, but
does not include a salvage yard. [see Wrecking or Salvage Yard]
Automobile Rental Establishment
Shall mean an establishment engaged in the rental of passenger
automobiles, recreational vehicles or trucks without drivers and where
such vehicles may be dropped off or picked up.
Automobile Repair Garage
Shall mean the use of land or a building for the storage, repair and
servicing of motor or recreational vehicles, having at least one (1) service
bay where repairs essential to the actual operation of a motor vehicle are
performed and where the services are performed for gain or profit.
Automotive Sales Establishment
Shall mean land or buildings or an establishment used principally for the
display, storage and sales or leasing, or renting of new and/or used motor
and recreational vehicles and related products, and may include accessory
Town of Prescott Zoning By-law
14
uses such as an Auto Repair Garage and/or Auto Body Shop, as defined,
administrative offices and a customer lounge.
Automobile Service Station
Shall mean a place for sale of fuel, lubricants and accessories for motor
vehicles or recreational vehicles to the consumer and having at least one
(1) service bay where repairs essential to the actual operation of motor
vehicles may be performed. Accessory uses may include rest rooms, the
incidental sale of packaged foods, beverages and convenience goods. [see
also Gas Bar]
3. B
Bakery
Shall mean a factory for producing, mixing, compounding or baking
bread, biscuits, ice cream cones, cakes, pies, buns, or any other bakery
product of which flour or meal is the principal ingredient, but does not
include a restaurant or other premises where any such product is made for
consumption on the premises or a bake shop.
Bake Shop
Shall mean a shop where products of a bakery are sold or offered for sale
by retail, including incidental baking of products for retail sale on the
premises only.
Balcony
Shall mean an open platform projecting from the face of a building's wall,
cantilevered or supported by columns or brackets and surrounded by a
balustrade or railing.
Bank
Shall mean a chartered bank, finance company office, co-op, trust
company, loan company or similar establishment.
Banquet Hall Facility
A service commercial establishment used for the purposes of catering to
banquets, weddings, receptions or similar functions for which food and
beverages are prepared and/or served on the premises, but does not include
a caterer's establishment.
Town of Prescott Zoning By-law
15
Basement
Shall mean a storey or storeys of a building located below the first storey.
The first storey is the storey with its floor closest to grade and having its
ceiling more than one half above the established grade [see illustration
under cellar].
Bed and Breakfast Establishment
Shall mean a single detached dwelling in which no more than four (4)
guest rooms are made available for the temporary accommodation of the
traveling or vacationing public. Such an establishment shall be occupied
by the owner of the dwelling unit or the lessee of the entire unit and may
offer meals to those persons temporarily residing in the establishment
(guests), but shall not offer services to non-guests.
Bicycle Parking Space
Shall mean an area designated for the parking and locking of a bicycle on
or in a bicycle stand.
Bicycle Stand
Shall mean a piece of equipment made of a solid material used for the
purpose of placing a bicycle on, in or beside in order to lock the bicycle to
the stand.
Biker's Bunker
Shall mean a facility or building or part thereof used by affiliated
individuals that is designed, constructed and/or built to be fortified and
impenetrable by police authorities.
Bingo Hall
Shall mean a building or premise or part thereof used for bingo or a bingo
event and is duly registered under the Gaming Control Act and is in
compliance with municipal by-laws and approvals.
Block
Shall mean an area bounded on four sides by streets or by one or more
natural or human-made barriers, such as a river or a railway.
Block Face
Shall mean one side of a block.
Town of Prescott Zoning By-law
16
Boarding House or Rooming House
Shall mean a dwelling within which a proprietor supplies for a fee,
sleeping accommodation with or without meals, for five (5) or more
persons but does not include a bed and breakfast establishment, a hotel, a
hostel, a home for youth, Home for the Aged, group home or other
establishments otherwise classified or defined in this by-law.
Boat Slip, Seasonal
Shall mean a mooring space that is provided for the use of a boat for a
period of greater than seven (7) consecutive days.
Boat Slip, Transient
Shall mean a temporary
mooring space that is
provided for the use of
visitors
arriving
and
departing by boat which
is moored in the said
space for a maximum of
seven (7) consecutive
days.
Breeze way
Shall mean a roofed
open passage connecting
two or more buildings.
Brownfield Site
Shall mean undeveloped or previously developed properties that may be
contaminated. They are usually, but not exclusively, former industrial or
commercial properties that may be underutilized, derelict or vacant.
(Provincial Policy Statement)
Buffer Strip
Shall mean a landscaped or planted area reserved for the purpose of
screening or obstructing the view of buildings, land or structures or
shielding of blocking noise, lights or other nuisances by the planting of
trees and shrubs or fences. (See Figure 1)
Figure 1
Town of Prescott Zoning By-law
17
Building
Shall mean any structure used or
intended for sheltering any use or
occupancy, but does not include a
sewage system. (See Figure 2)
Building, Accessory - see Accessory
Building Envelope
Shall mean the buildable area on a lot,
defined by all of the required yards
and setbacks and the maximum height
provisions, within which a building
can be erected (see illustration).
Building Height - see Height
Building Inspector or Building
Official - see Chief Building
Official
Building Line
Shall mean a line within a lot drawn
parallel or concentric to a lot line
establishing the minimum distance
between that lot line and any portion
of a building or structure which may
be erected under the provisions of this By-law. (See Figure 3)
Building, Main
Shall mean a building in which is conducted the principle uses of the lot
on which it is situated. In any residential zone a dwelling containing one
or more dwelling units shall be deemed to be the main building on the lot
on which it is located. (See Figure 3 and Figure 17)
Building, Mixed Use
Shall mean a development project containing more than one land use
category (i.e. retail commercial and residential, office and residential,
industrial and retail commercial, office and retail commercial) that are
conceived and designed as a single structure.
Figure 3
Figure 2
Town of Prescott Zoning By-law
18
Building Separation
Shall mean the least horizontal distance permitted between the nearest
portions of the walls of any buildings on a lot.
Building Supply Store or Depot
Shall mean a building where building supplies such as lumber, millwork,
siding, roofing, plumbing, electrical, heating, hardware, air conditioning,
home improvement and similar goods are stored, displayed, or kept for
retail or wholesale sale and may include a Bulk Storage Yard. Uncovered
storage of such building supplies shall be permitted in association with a
building supply store or depot, provided such storage is within an area
which is fully screened from streets and adjacent properties by means of
fencing and/or landscaping features. This definition shall not include a
wrecking yard.
Building, Temporary
Shall mean a building intended for removal or demolition within a
prescribed time, as set out in a building permit.
Bulk Fuel Depot
Shall mean lands, buildings and structures for the storage, distribution of
fuels and oils but not including retail sales or key lock operations.
Bulk Storage Yard
Shall mean a place where land is used for the storage in the open or
partially sheltered, of goods and materials and without limiting the
foregoing shall include lumber, building supplies, construction equipment,
but shall not include a wrecking yard.
Business, Professional and/or Administrative Office
Shall mean a building used for the purpose of providing accommodation
for the offices of a professional person or persons employed in
administering, directing, managing or conducting the affairs of a business
or enterprise and for any purpose incidental thereto and may include the
office of a non-profit or government organization.
Business Service Establishment
Shall mean an establishment primarily engaged in providing services to
business establishments on a fee or contract basis, including advertising
Town of Prescott Zoning By-law
19
and mailing, building maintenance, employment services, protective
services, and small equipment rental, leasing and repair.
By-law Enforcement Officer
Shall mean the officer or employee of the Corporation charged with the
duty of administering and enforcing the provisions of municipal by-laws.
3. C
Call Centre
Means a building or part thereof where quantities of incoming and/or
outgoing calls are handled by people, telephones and computers which are
related to customer support, credit services, card services, inbound and
outbound telemarketing, interactive voice response and web-based or
similar services.
Canopy
Shall mean a roof-like structure projecting from the exterior face of a
building or is a stand-alone structure over a pump island or gas bar.
Capacity - see Seating Capacity
Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or
diesel fuel using pumps which are operated automatically by credit or
debit cards.
Car Port
Means
a
partially
enclosed
structure
intended or which is
used for the storage of
one or more motor
vehicles. (See Figure 4)
Car Wash
Shall mean a building
or structure containing
facilities or equipment
for
washing
motor
Figure 4
Town of Prescott Zoning By-law
20
vehicles by production line methods and may include the incidental sale of
fuel (e.g. gasoline, diesel fuel, propane). This definition shall also include
a self-service car wash.
Casino
Shall mean any place where games such as blackjack, roulette and
approved forms of wheel of fortune, video lottery terminals, slot
machines, amusement machines are played by the public and supervised
by an organization licensed to carry out such a function by the provincial
gaming commission and in which accessory uses may include an eating
establishment, parking area and similar support facilities.
Catering Establishment
Shall mean a commercial establishment or home based business in which
food and beverages are prepared for consumption off the premises and are
not served to customers on the premises or to take out.
Cellar
Shall mean any storey below the first storey which is more than 50%
below finished grade (measured from finished floor to finished ceiling).
[See also Basement and Figure 5]
Cemetery
Shall mean a cemetery within the meaning and as regulated by the
Cemeteries Act.
Figure 5
Town of Prescott Zoning By-law
21
Chief Building Official
Shall mean an officer or employee of the Corporation charged with the
duty of enforcing the provisions of the Building Code Act.
Church - see Place of Worship
Cinema/Theatre
Shall mean a building or part of a building used for the commercial
presentation of motion pictures, theatrical and other staged entertainment,
but specifically excludes a drive-in theatre.
Clinic
Shall mean a building or part of a building used solely for the purpose of
consultations, diagnosis and treatment or therapeutical treatment of
patients, by legally qualified medical professionals (e.g. physicians,
dentists,
optometrists,
chiropodists,
chiropractors
or
drugless
practitioners) together with their qualified assistants and without limiting
the generality of the foregoing, the building may include administrative
offices, waiting rooms, laboratories, pharmacies or dispensaries directly
associated with the clinic, but shall not include accommodation for in-
patient care or operating rooms for major surgery.
Commercial Parking Lot
Shall mean an open area other than a street, forming the principal use of
the land which is used for the temporary parking of two or more motor
vehicles for profit or gain.
Commercial Vehicle
Shall mean a motor vehicle having permanently attached thereto a truck or
delivery body and includes ambulances, hearses, fire apparatus, police
patrols, motor buses and tractors used for hauling purposes on the
highway.
Communications Facility
Shall mean an installation which transmits, receives and/or relays
communications such as a microwave relay tower, significant antenna,
telephone or telegraph line, cellular telephone tower, radio or television
broadcast tower or similar facility.
Community Centre - see Place of Assembly
Town of Prescott Zoning By-law
22
Computer/Data Centre
Shall mean a premise used for computer programming and data
processing.
Condominium
Shall mean a building or part thereof which is held in separate private
ownership and to which or in which common elements are owned by the
tenants in common (e.g. recreation facilities, open space, outdoor areas
etc.) and which is administered and maintained by a corporation pursuant
to the provisions of the Condominium Act. Such use may be for a
residential, commercial or industrial use.
Conservation Use
Shall mean the use of lands which are intended to remain open in
character with the priority use given to preservation of their ecological
uniqueness, wildlife production and their natural features and may include
non-commercial recreational uses only if conservation of the resource is
not jeopardized.
Construction Yard or Contractor's Yard
Shall mean the yard of a building contractor or company used as a depot
for the storage and maintenance of equipment used by the contractor or
company, and may include facilities for the administration or management
of the business and the stockpiling or storage of supplies used in the
business, but does not include the crushing of virgin or recyclable
aggregates or materials and the wholesale or retail sale of building
supplies or home improvement supplies.
Continuum-of-Care Facility
Shall mean a facility which may include a senior citizens apartment
building, a nursing home, a long-term care facility, home for the aged and
facilities associated with, and designed specifically to serve, the senior
citizen population, such as hospitals, clinics, recreation centres, cafeterias
and personal service establishments and may also include independent
senior's accommodation in separate structures/living units that share in
services, such as meals, medical care services, or recreation that are
provided by the facility.
Contractor's Yard - see Construction Yard or Contractor's Yard
Town of Prescott Zoning By-law
23
Convenience Store or Confectionary Store
Shall mean a retail store used primarily for the sale of grocery and
confectionary items and incidentally for the sale of such other
merchandise or sundries as is required to fulfil the day-to-day needs of the
surrounding neighbourhood and may include a video rental outlet.
Converted Dwelling - see Dwelling, Converted
Convention Facility - see Place of Assembly
Corporation
Shall mean the Corporation of the Town of Prescott except where
reference is made in this by-law to a private corporation (e.g. Section 1.6),
in which case the definition shall mean a body corporate with share capital
to which the Business Corporations Act applies.
Correction Home - see Group Home
Cottage Industry - see Home Based Business
Council
Shall mean the Council of the Corporation of the Town of Prescott.
Coverage - see Lot Coverage
Crisis Care Facility
Shall mean a building or part of a building which is used to provide for
the supervised residency of persons requiring immediate emergency
shelter and aid for a short to interim period of time and without limiting
the generality of the foregoing, includes a facility for battered or abused
adults and/or children or elderly persons.
Custom Workshop
Shall mean a building or part thereof where individual custom productions
of goods or materials are made but does not include any establishment
where the manufacture of goods or materials is performed on a mass
production or assembly line basis nor any shop or factory otherwise
defined in this by-law.
Town of Prescott Zoning By-law
24
3. D
Day Lighting Triangle - see Sight Triangle
Day Nursery
Shall mean a place wherein the temporary care of children is provided in
facilities and by staff licensed by the Province of Ontario and operated in
accordance with the provisions of the Day Nurseries' Act.
Deck
Shall mean a structure abutting a dwelling or building with no roof or
walls except for visual partitions and railings which is constructed on piers
or a foundation above-grade for use as an outdoor living area.
Density
Shall mean the ratio between the number of dwellings and the area of a
lot, excluding streets but not excluding open space.
Department Store
Shall mean a building or part of a building wherein various goods, wares,
merchandise, substances or articles are offered for retail sale directly to the
public in various parts of such building and may include storage for such
goods, wares, merchandise, substances, or articles.
Detached
When used in reference to a building or structure, shall mean a building or
structure which is not structurally dependent on, nor adjoins on any side,
any other building.
Development
Shall mean the creation of a new lot, a change in land use, or the
construction of buildings and structures requiring approval under the
Planning Act and shall be taken to include redevelopment, but does not
include activities that create or maintain infrastructure authorised under an
environmental assessment process, works subject to the Drainage Act, or
underground or surface mining of minerals or advanced exploration on
mining lands. (Provincial Policy Statement)
Dish Antenna - see Satellite Dish
Town of Prescott Zoning By-law
25
Drive-in Restaurant -see Restaurant
Drive-in Trade
Means the use of land, buildings or structures, or parts thereof, to provide
or dispense products or services, either wholly or in part, through an
attendant or a window or an automated machine, to customers remaining
in a motor vehicle that are in a designated stacking lane. A drive-through
facility may be in combination with other uses such as a laundromat, dry
cleaning establishment, branch of a bank or financial institution,
restaurant, retail store, automobile service station or drive through
restaurant service. A drive through facility does not include a car wash.
Driveway
Shall mean that portion of a front or side yard that provides access to, but
does not constitute, one or more parking spaces as required by this By-
Law. This area shall not comprise more than 50% of a front yard or
exterior side yard on a corner lot.
Dry Cleaning Distribution Establishment
Shall mean a building used for the purpose of receiving goods of fabric
primarily for distribution to a Dry Cleaning and Laundry Establishment.
However, such establishment may also include the cleaning and associated
processing on site of such goods of fabric as are brought by the household
customer but shall not include the cleaning or associated processing of
such goods of fabric as brought in bulk by non-household customers.
Dry Cleaning and Laundry Establishment
shall mean a building wherein the business of dry cleaning, dry dyeing,
cleaning, spotting, stain removal and/or pressing of articles, and/or goods
of fabric is carried on, and may include a Dry Cleaning Distribution
Establishment.
Duplex Building - see Dwelling, Duplex
Dwelling
Shall mean a building or part of a building occupied or capable of being
occupied as the home or residence by one or more persons in which all
usual domestic functions may be carried on but shall not include a
recreational vehicle, trailer, hotel or motel.
Dwelling, Accessory -see Accessory Dwelling
Town of Prescott Zoning By-law
26
Dwelling, Accessory Dwelling Unit - see Accessory Dwelling Unit
Dwelling, Accessory Apartment - see Accessory Apartment
Dwelling - Apartment
Shall mean a building containing three (3) or more dwelling units other
than a row house.
Dwelling, Converted
Shall mean a building originally designed as a single detached dwelling
which has or may be altered or converted to contain two (2) or more
dwelling units but not more than four (4) dwelling units with or without
separate entrances, none of which shall be located in the cellar but which
may be located in the basement.
Dwelling - Duplex
Shall mean a building that is divided horizontally into two (2) dwelling
units, each of which has an independent entrance. (See Figure 7)
Dwelling - Group or Group Housing or Group Housing Project
Shall mean a combination of dwelling types (e.g. semi-detached, triplex,
row housing, apartments) where there are two or more such dwellings
located on the same lot, which lot is retained under one ownership or
registered and in compliance with the Condominium Act.
Dwelling - Maisonette
Shall mean a dwelling containing dwelling units each unit of which is a
self-contained dwelling unit having two separate means of access. One of
the means of access is from a common first storey corridor and the other
directly from the outside landscaped yard area allocated to the dwelling
unit.
Dwelling, Mobile Home - See Mobile Home
Dwelling - Modular
Shall mean a prefabricated single detached dwelling containing one (1)
dwelling unit, built in accordance with the Building Code being so
constructed or assembled that the shortest side of such dwelling is not less
than 6 m [19.7 ft.] in width. (Note: a prefabricated and a manufactured
home shall have the same meaning. Such dwelling types are distinguished
Town of Prescott Zoning By-law
27
from mobile homes which are built on a chassis and transported on their
own wheels.)
Dwelling - Row or Townhouse
Shall mean a building that is divided vertically into three (3) or more
dwelling units, each of which has an independent entrance at grade.
(a)
Rowhouse, Interior: Shall mean a row or townhouse with two
common walls.
(b)
Rowhouse, End: Shall mean a rowhouse with one common wall.
Dwelling - Multiple Unit
Shall mean a separate building designed exclusively to contain three (3) or
more dwelling units.
Dwelling - Semi-detached
Shall mean a building on a single foundation that is divided vertically into
two (2) separate dwelling units by a common wall. (See Figure 7)
Dwelling - Single-detached
Shall mean a detached building containing one (1) dwelling unit, and shall
include a modular home. (See Figure 7)
Dwelling - Stacked Town House
Shall mean a group of three or more dwelling units, each unit having an
independent entrance directly from outside. The units may be separated by
common vertical walls, horizontal walls or a combination thereof.
Dwelling, Two Unit
Shall mean a dwelling containing two dwelling units.
Figure 6
Town of Prescott Zoning By-law
28
Dwelling - Triplex
Shall mean a building on a single foundation divided horizontally into
three (3) separate dwelling units, each of which has an independent
entrance either directly from the outside or through a common vestibule.
(See Figure 7)
Dwelling Unit
Shall mean one or more habitable room or suites of two or more rooms,
designed or intended for use by and occupied by one or more individuals
as a household in which separate culinary and sanitary facilities are
provided for the exclusive use of such household, and with a private
entrance from outside the building or from a common hallway or stairway
inside the building. A mobile home or recreational vehicle shall not
constitute a dwelling unit.
Dwelling Unit Area
Shall mean the floor area of a dwelling unit measured within the interior
faces of the exterior walls of the dwelling unit. The unfinished floor area
Figure 7
Town of Prescott Zoning By-law
29
in the basement shall not be included in the calculations of the dwelling
unit area.
Easement
Shall mean the legal right acquired by contract to pass over, along, upon
or under the lands of another.
Eave
Shall mean a roof overhang, free of enclosing walls, without supporting
columns.
Enclosure
Shall mean a fence, wall or other structure and may include doors, gates
and vegetative components, but shall not include interlocking wire fence,
barb-wire, spire tips, sharp objects or any device for projecting an electric
current as per the Town's Fence By-law (By-law 07-2000).
Entertainment Establishment
Shall mean a building or premises used for a motion picture or cinema or
other theatre, auditorium, public hall, billiard or pool room, bowling alley,
arcade, ice or roller skating rink, dance of music hall but does not include
any facilities otherwise defined in this by-law. [see also Adult
Entertainment Parlour, Bingo Hall, Arcade, Recreational Commercial
Establishment]
Equestrian Establishment
Shall mean an establishment primarily engaged in the operation of a horse
riding academy or horse riding stables.
Equipment and Vehicle Storage Yard
Shall mean a building or part of a building where any equipment, vehicle,
including commercial vehicles, and/or trailers may be serviced, washed or
repaired and may include an automobile body shop.
Equipment Rental Establishment
Shall mean a building or part of a building wherein the primary use is the
rental of machinery, equipment, furniture and fixtures and other goods.
Town of Prescott Zoning By-law
30
Equipment Sales Establishment
Shall mean a building or part of a building or a place where machinery and
equipment for use in industrial and major construction undertakings,
commercial vehicles, and other similar goods are kept for sale at retail or
wholesale.
Erect
Shall mean to build, construct, reconstruct, alter or relocate, enlarge and
without limiting the generality of the foregoing shall be taken to include
any associated physical operation such as excavating, grading, piling,
cribbing, filling or draining, structurally altering any existing building or
structure by an addition, deletion, enlargement or extension or other
structural change.
Established Building Height
Shall mean the building height of the majority of existing buildings on one
side of one block where more than one-half of the lots of the said side of
the block have been built on.
Established Building Line
Shall mean the average setback from the street line of existing buildings
on one side of one block where more than one-half of the frontage of the
same side of a block has been built upon. (See Figure 8)
Established Grade
Shall mean:
(a)
when used with reference to a building, the average elevation of
the finished level of the ground adjoining a wall of the building,
measured along the length of the wall, exclusive of any artificial
embankments or berms or steps.
(b)
when used with reference to a structure, the average elevation of
the finished surface of the ground immediately surrounding such
structure;
(c)
when used with reference to a street, road or highway, the
elevation of the street, road or highway established by the or other
designated authority.
Town of Prescott Zoning By-law
31
Existing
Shall mean existing as of the date of the final passing of this By-law by
Council and shall also be known as the effective date.
Exterior Lighting
Shall mean any form of artificial illumination located outside of a building
or structure.
Exterior Side Lot Line - see Lot Line, Exterior Side
Exterior Side Yard - see Yard, Exterior Side
3. F
Factory Outlet
Shall mean a building or part of a building where products or goods are
manufactured or produced on site for wholesale or retail sale or are
manufactured off-site for wholesale or retail sale.
Fairground
Shall mean land devoted to entertainment on a seasonal or temporary basis
and may include grandstands, barns and other accessory buildings,
normally associated with such a use.
Farm Supply Outlet
Shall mean the use of land, buildings or structures for the sale or repair of
equipment and machinery directly associated with the operation of a farm.
Figure 8
Town of Prescott Zoning By-law
32
Farmer's Market
Shall mean an establishment or premises where the farm products of a
local farming community or crafts are sold at retail from covered or
uncovered areas designed for individual retailers.
Fence
Shall mean any barrier or structure constructed of chain link metal, wood,
stone, metal, brick or other similar materials or combinations of such
materials which is erected for the purpose of screening, safeguarding,
retaining or enclosing property or delineating property lines.
Fire Station
Shall mean a building or part of a building where professional firefighters
are stationed and their vehicles and equipment are kept.
Flea Market
Shall mean
(a)
a building or part of a building where second hand goods, articles
and antiques are offered or kept for sale at retail to the general
public but shall not include any other retail establishment
otherwise defined herein;
(b)
an occasional or periodic market or sales event held in an open
area, which may include a street, or within a building or structure
where independent sellers offer goods, new and used, for sale to
the public, but not including private garage sales;
(c)
a building or open area in which stalls or sales areas are set aside
and rented or otherwise provided, and which are intended for use
by various unrelated individuals to sell articles that are either home
grown, home made, handcrafted, old, obsolete, or antique and may
include the selling of goods at retail by businesses or individuals
who are generally engaged in retail trade.
(d)
a building or open area where food preserves or fresh produce or
prepared foods are sold, but does not include a restaurant.
Flood Elevation - see Floodline
Town of Prescott Zoning By-law
33
Flood Plain
For river stream and small inland lake systems, means the area, usually
low lands adjoining a watercourse, which has been or may be subject to
flooding hazards (Provincial Policy Statement) (See Figure 9). The one-
in-one-hundred year flood plain includes all lands below the regulatory
flood elevation of 76.6 m [251.3 ft] contour along the St. Lawrence River.
Flood Proofing Standard
Shall mean a combination of measures incorporated into the basic design
and/or construction of buildings, structures or properties to reduce or
eliminate flooding hazards, wave uprush and other water-related hazards
along the shorelines of the Great Lakes, large inland lakes and flooding
hazards along river, stream and small inland lakes. (Provincial Policy
Statement)
Flooding Hazards
Means the inundation of areas adjacent to a shoreline or river or stream
system and not ordinarily covered by water:
(a)
along the shorelines of the Great Lakes, the flooding hazard limit is
based on the 100 year flood plus an allowance for wave uprush and
other related water hazards.
Figure 9
Town of Prescott Zoning By-law
34
(b)
along river and stream systems, the flooding hazard is the greater
of the flood resulting from the rainfall experienced during a major
storm, such as the Timmins Storm (1961), transposed over a
specific watershed and combined with the local conditions, where
evidence suggests that the storm event could have potentially
occurred over watersheds in the general area; or the one hundred
year flood; or a flood which is the greater of the above which was
actually experienced in a particular watershed or portion thereof as
a result of ice jams and which has been approved as a standard for
that specific area by the Ministry of Natural Resources. (Provincial
Policy Statement)
Floodline or Flood Elevation
Shall mean a line established by a one in one hundred year storm as
established by flood plain mapping (See Figure 9). The one-in-one-
hundred year flood elevation of the St. Lawrence River is 76.6 m [251.3
ft].
Floor Area, Gross
Shall mean the total area of all floors contained within a building
measured between the exterior faces of the exterior walls of the building
and where there are no walls the total area of a floor within the outer
perimeter of the floor.
Floor Area, Gross Leasable
Shall mean the portion of the total floor area of a building or structure
designed and devoted to tenant occupancy but excludes common areas,
public rest room facilities, walkways, stairwells, mezzanines and public
malls, administrative offices and common utility rooms, loading and
service areas and joint service facilities.
Floor Area, Net
Shall mean usable or habitable space above or below grade, measured
from the exterior face of the exterior walls of the building or structure but
shall not include:
(i)
any private garage, porch, veranda, and unfinished basement, cellar
or attic;
(ii)
any part of the building or structure below grade which is used for
building services, storage or laundry facilities;
Town of Prescott Zoning By-law
35
(iii)
any part of the building or structure used for the storage or parking
of motor vehicles;
(iv)
any part of the building used in common by the tenants of the
building such as a mall, aisle or hallway, elevator shaft or lobby,
stairwell, any washroom, boiler room, maintenance room,
mechanical or electrical or utility room, and any automobile
parking facilities provided within the building
(v)
any exterior area of a building enclosed by a fence, whether
covered by a roof or not, or which constitutes a storage area or
outdoor display area.
Floor Area Ratio
Shall mean the gross floor area of all buildings for a use or uses on a lot
divided by the lot area.
Florist
Shall mean a retail store where flowers and plants or either in singular are
sold or offered for sale to the public and such use may include the
incidental raising and arranging of flowers and plants for sale in the store.
Food Supermarket
Shall mean a building or part of a building wherein food and other
household items are kept for sale at retail to the general public and which
operates on a self-service, cash and carry basis.
Forestry Use
Shall mean the general raising, management and harvesting of wood and
shall include the raising and cutting of fuel wood, pulpwood, lumber,
Christmas trees, other forestry products and silva culture practices.
Fractional Ownership
Shall mean a form of tenureship where the title or deed of a property is
divided into shares and those shares are owned by one or more
individuals.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Town of Prescott Zoning By-law
36
Frontage - see Lot Frontage
Fuel Storage Facility
Shall mean a tank, container or enclosure used for the bulk storage of
gasoline, liquid or solid fuels.
Funeral Home
Shall mean a building or part of a building wherein undertaking services
are offered and may include subsidiary activities such as the sale of
caskets and funeral accessories, memorial services, provided such
activities are clearly secondary and incidental to the main undertaking
service.
3. G
Garage, Parking
Shall mean an enclosed structure used for the temporary parking of more
than four (4) vehicles and available for public use either free, for
compensation or as an accommodation to customers.
Garage, Private
Shall mean an accessory building or portion of a main building which is
designed or used for parking or storage of motor vehicles and household
equipment incidental to the residential occupancy and in which there are
no facilities for repairing or servicing of such vehicles for remuneration or
commercial use.
Garage Sale/Household Sale
Shall mean the occasional sale by an occupant of a dwelling unit, on his or
her own premises, of household goods belonging to him or her, but does
not include a flea market or any retail sales.
Garden Supply Centre
Shall mean an outdoor area primarily used for the retail site of gardening
equipment, products and planting materials provided it is clearly accessory
to a retail store and is enclosed by a wall, fence or other form of visual
screen constructed of materials which will blend with the associated retail
store.
Town of Prescott Zoning By-law
37
Garden Suite
Shall mean a one-unit detached residential building containing sanitary
and kitchen facilities that is accessory to an existing permanent residential
structure and that is designed to be portable, but does not include a mobile
home, a park model trailer or a recreational vehicle. [also known as a
Granny Flat]
Gas Bar
Shall mean one or more pump islands, each consisting of one or more
gasoline pumps, and a building, structure or booth which may be used by
a sales attendant for the sale of gasoline products and convenience items
(e.g. beverages, prepared foods, newspapers, sundries). A gas bar may also
include sanitary facilities and an automated teller machine. [see also
Automobile Service Station]
Gazebo
Shall mean a freestanding, roofed accessory structure which is not
enclosed, except for screening or glass and which is utilized for the
purposes of relaxation in conjunction with a residential dwelling but shall
not include any other use or activity otherwise defined or classified in this
by-law. (See Figure 10)
Golf Course
Shall mean a public or private area operated for the primary purpose of
playing golf but may also include such buildings and structures as are
necessary for the operation and maintenance of the golf course and such
club house facilities as restaurant, banquet, conference and other uses of a
social, recreational and entertainment nature normally associated with golf
course development.
Figure 10
Town of Prescott Zoning By-law
38
Government Facility
Shall mean a municipal office, court house, registry office, health and
welfare centre, employment office, post office, police station or other
office uses for purpose of local or other government administration.
Greenhouse
Shall mean a building for the growing of flowers, plants, shrubs, trees and
similar vegetation which are not necessarily transplanted outdoors on the
same lot containing such greenhouse.
Green Roof
Shall mean a roof of a building where part of or all of the surface of the
roof is intentionally covered with vegetative material.
Ground Floor
Shall mean the floor that is level with or immediately above grade.
Granny Flat -see Garden Suite
Group Dwelling
Shall mean a mix of two (2) or more dwelling types in separate buildings
located on the same lot.
Group Home
Shall mean a single housekeeping unit in a residential dwelling, which is
registered with the Corporation, in which three (3) to ten (10) persons
(excluding supervisory or operating staff) live together under responsible
supervision consistent with the requirements of its residents for a group
living arrangement and which is licensed and/or approved under
Provincial Statutes and in compliance with municipal by-laws.[see also
Crisis Care Facility]
Guest Room
Shall mean a room or suite of rooms, which contains no facilities for
cooking and which is used or maintained for gain or hire by providing
accommodation.
Town of Prescott Zoning By-law
39
3. H
Habitable Room
Shall mean a room in a dwelling used or intended to be used primarily for
human occupancy.
Heavy Equipment Repair Facility
Shall mean a building or part of a building in which heavy machinery and
equipment are serviced and/or repaired.
Height
Shall mean the vertical distance between the established grade and:
a. in the case of a flat roof, the highest point of the roof surface or
parapet wall, whichever is the highest, or;
b. in the case of all other types of roofs, the mean height level between
the base of the roof and highest point of the roof. (see illustration)
Where the height is designated in terms of storeys, it shall mean the
designated number of storeys above and including the first storey. A
mezzanine floor or floors shall not be considered as increasing the height
of a building in storeys, provided that their aggregate area does not exceed
forty (40) per cent of the area of a room or storey in which they are
located, provided further, that the space beneath the mezzanine is not
enclosed and provided that the mezzanine overhang does not exceed forty
(40) per cent of the least dimension on any room in which it is located. In
calculating the height of a building, any construction used as ornament or
for the mechanical operation of the building, such as a mechanical
penthouse or a chimney, tower, cupola, steeple, church spire, antenna,
ornamental dome, electrical apparatus, is not to be included. (See Figure
11 and Figure 12)
Town of Prescott Zoning By-law
40
Heliport
Shall mean a landing area or pad used for the landing and take-off of
helicopters and shall include all necessary and incidental emergency
service facilities, fuelling facilities and passenger and cargo facilities.
Heritage Site
Heritage site means real property designated under Parts IV, V or VI of
the Ontario Heritage Act or comparable federal legislation; heritage
conservation easement property under Parts II or IV of the Ontario
Figure 11
Figure 12
Town of Prescott Zoning By-law
41
Heritage Act; and property that is the subject of a covenant or agreement
between the owner of a property and a conservation body or level of
government, registered on title and executed with the primary purpose of
preserving, conserving and maintaining a cultural heritage feature or
resource, or preventing its destruction, demolition or loss.
High Water Mark
Shall mean the mark made by the action of water under natural conditions
on the shore or bank of a body of water, which action has been so common
and usual and so long continued that it has created a difference between
the character of the vegetation or soil on one side of the mark and the
character of the vegetation or soil on the other side of the mark.
Highway
Shall mean a public improved road under the jurisdiction of the Provincial
government.
Holding Zone
Shall mean a zone established under the enabling authority of Section 36
of the Planning Act where uses may be permitted subject to meeting
certain conditions set out in the Official Plan.
Home for the Aged - see Continuum-of-Care Facility
Home Based Business
Shall mean a privately operated legal occupation, enterprise or business
which is carried out as a use clearly accessory to a dwelling unit for
pursuits conducted entirely therein by the occupant thereof and compatible
with a domestic household.
Home Occupation - see Home Based Business
Hospital
Shall mean any institution, building or other premises or place that is
established for the purposes of the treatment of patients and that is
approved under the Public Hospitals Act, RSO, 1990, c. P 40.
Hostel
Shall mean an establishment in which individuals who are part of the
travelling or vacationing public are accommodated in single, multiple or
Town of Prescott Zoning By-law
42
dormitory suites which may be segregated or combined by gender for a
single night or for less than a week at one time, and shall not include a
hotel, motel or any type of inn.
Hotel
Shall mean a building designed or used for the accommodation of the
travelling or vacationing public, containing therein ten (10) or more guest
rooms served by a common building entrance, and includes a motor hotel.
Accessory uses may include accommodation for permanent staff and one
or more beverage rooms, dining rooms, meeting rooms, or similar uses.
Household Sale - see Garage Sale/Household Sale
3. I
Impounding Yard
Shall mean a place to which disabled motor vehicles, and motor vehicles
or other mobile equipment impounded for a breach of the law, may be
taken or towed and stored temporarily until reclaimed, but does not
include an automobile service station, gas bar, or salvage yard.
Industrial Mall
Shall mean a building or group of buildings held in single ownership or by
participants in a condominium corporation or cooperative, and divided
into units for separate occupancy by different industrial uses for which
common loading and parking facilities and other common services may or
may not be provided.
Industrial Use
Shall mean the use of land, building or structures for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, or storage or adapting
for sale of any goods, substances, article or thing, or any part thereof and
the storage of building and construction equipment and materials as
distinguished from the buying and selling of commodities and the
supplying of personal services. This definition does not include a mine, pit
or quarry or obnoxious industry. Accessory uses may include
transportation, wholesaling, storage, shipping and receiving incidental to
the industrial use.
Town of Prescott Zoning By-law
43
Class I Industry - Light Industrial
Shall mean a place of business for a small scale, self contained plant or
building which produces, manufactures, assembles or stores a product
which is contained in a package and has a low probability of fugitive
emissions e.g. noise, odour, dust and vibration. Such industries operate in
the daytime only with infrequent movement of products and /or heavy
trucks
and
no
outside
storage.
Examples
include:
electronics
manufacturing and repair, high technology industries, furniture repair and
refinishing, beverage bottling, package and crafting services, small scale
assembly, auto parts supply.
Class II Industry - Medium Industrial
Shall mean a place of business for medium scale process and
manufacturing with outdoor storage of wastes or materials (e.g. it has an
open process) and where there are periodic or occasional outputs of
fugitive emissions e.g. noise, odour, dust and/or vibration. Shift operations
occur and there is frequent movement of products and /or heavy trucks
during daytime hours. Examples include dry cleaning services, printing
establishments, paint spray booths, welding shops, courier and transport
services, heavy vehicle repairs, bulk fuel storage, raw product storage
(aggregates, logs/lumber), warehousing, contractors yard.
Influence Area
Shall mean the area(s) at, above or below grade, associated with a facility
that is subject to one or more adverse effects which may be of varying
duration, frequency and distance of dispersal. This is an actual influence
area. A potential influence area identifies where adverse effects are
generally expected to occur. An influence area or potential influence area
acts as a potential constraint for sensitive land use, or conversely on the
establishment of a facility, unless evidence is provided that adverse effects
are not a problem, or can be satisfactorily mitigated to the level of trivial
impact.
Institutional Use
Shall mean any land, building, structure or part thereof used to provide
non-profit or non-commercial purposes for governmental, educational,
charitable, fraternal or other public services. (Examples include a place of
assembly, administrative office, government or utilities, museum or
police station.)
Interior Lot - see Lot, Interior
Town of Prescott Zoning By-law
44
Internet Café
Shall mean an establishment where one can use a desktop or laptop
computer for free or for a fee. An internet café may include a restaurant
where food and beverages are served.
3. J
Junk Yard - see Wrecking Yard
3. K
Kennel, Commercial or Boarding
Shall mean a building or structure where animals, birds or other livestock
intended or used as domestic household pets or for working or sporting
purposes and are kept or boarded. [see also Veterinary Establishment]
3. L
Laboratory, Film
Shall mean a building or part of a building or structure used for the
filming of motion pictures, the development of film, or where research
and/or testing is carried out.
Landscaped Open Space
Shall mean:
a)
a combination of trees, shrubs, flowers, grass and other
horticultural elements, together with decorative stonework, paving,
screening or other architectural elements, all of which is designed
to enhance the visual amenity of a property and/or to provide a
screen to mitigate any objectionable adjacent land use;
b)
does not include parking areas, traffic aisles or driveways or ramps
for vehicles.
Lane
Shall means:
a)
a subsidiary thoroughfare providing access from within a lot,
principally from parking or loading spaces or from a lot to a street;
or
Town of Prescott Zoning By-law
45
b)
a subsidiary public thoroughfare for the sole use of pedestrians and
connecting streets, open spaces or buildings.
Laundromat
Shall mean a building containing one or more washers and drying, ironing,
finishing and incidental equipment, provided that only water and soaps or
detergents are used and provided that no such operation shall emit any
noise, fumes or vibrations which cause a nuisance or inconvenience within
or outside the premises.
Library
Shall mean a public, lending library.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway
Traffic Act and which is equipped for the preparation, storage, heating,
cooking, cooling or sale of foodstuffs or beverages within or from the
vehicle and may include exterior seating (e.g. picnic tables).
Loading Space
Shall mean an off-street or bay located on a lot which is used or intended
to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise or materials used in connection
with the use of the lot or any building thereon, and which has unobstructed
access to a street or lane.
Lodging House - see Boarding House or Rooming House
Long Term Care Facility - see Continuum-of-Care Facility
Lot
Shall mean a parcel of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act.
Lot Area
Shall mean the total horizontal area within the limits of the lot lines of a
lot.
Town of Prescott Zoning By-law
46
Lot, Corner
Shall mean a lot situated at an intersection of two or more streets, or at the
intersection of two parts of the same street which have an interior angle or
intersection of not more than one-hundred-and-thirty-five degrees (135°).
(See Figure 14)
Where such street lines are curved, the angle of intersection of the street
lines shall be deemed to be the angle formed by the intersection of the
tangents to the street lines, drawn through the extremities of the side lot
lines. In the latter case, the corner of the lot shall be deemed to be that
point on the street line nearest to the point of intersection of the said
tangents.
Lot Coverage
Shall mean the percentage of the lot area covered by the ground floor
area of all buildings located thereon.
Lot Depth
Shall mean the horizontal distance between the front and rear lot lines. If
the front and rear lot lines are not parallel, "lot depth" means the length of
a straight line joining the middle of the front lot line with the middle of
the rear lot line. If there is no rear lot line, "lot depth" means the length of
a straight line joining the middle of the front lot line with the apex of the
triangle formed by the side lot lines. (See Figure 17)
Lot Frontage
Shall mean the horizontal distance between the side lot lines. Where such
side lot lines are not parallel, it shall be the width of a lot measured
between the intersection of the side lot lines with a line 6 m [19.7 ft] back
from and parallel or concentric to the front lot line. Arc distance shall
apply on curved lines. (See Figure 13)
Lot, Interior
Shall mean a lot other than a corner or a through lot that is situated
between adjacent lots and having frontage on one street. (See Figure 14)
Lot Line
Shall mean the boundary of a lot. (See Figure 14)
Town of Prescott Zoning By-law
47
Lot Line, Exterior Side
Shall mean a lot line located between the front and rear lot lines and
dividing the lot from a street. (See Figure 14)
Lot Line, Front
Shall mean:
(a)
in the case of an interior lot, the line dividing the lot from the
street line or street allowance or private road. (See Figure 14)
(b)
in the case of a corner lot, the shorter lot line abutting a street shall
be deemed to be the front lot line and the longer lot line that abuts
the street shall be deemed to be a side lot line. (See Figure 14)
(c)
in the case of a corner lot with two street lines of equal lengths, the
lot line that abuts the wider street shall be deemed to be the front
lot line, and in the case of both streets being of the same width, the
lot line where the principal access to the lot is provided shall be
deemed to be the front lot line. (See Figure 14)
(d)
in the case of a lot with water access only, the front lot line shall be
on the water side.
(e)
in the case of a lot with frontage on a street or private road and on
a water body, the front lot line shall be measured on the street line.
Figure 13
Town of Prescott Zoning By-law
48
(f)
in the case of a corner lot abutting a 0.3 m [0.98 ft] reserve or
other reserve, the lot line so abutting the reserve shall be deemed
an exterior lot line and the other lot line abutting the street shall be
deemed to be the rear lot line.
(g)
in the case of a private road, the lot line adjacent to the private
road shall be deemed to be the front lot line.
(h)
in all other cases not described above, the front lot line shall be
deemed to be where the principal access to the lot is approved.
Lot Line, Rear
Shall mean the lot line furthest from and opposite to the front lot line. (See
Figure 14)
Lot Line, Side Interior (Side Lot Line)
Shall mean any lot lines other than the front lot line and the rear lot line.
(See Figure 14)
Lot, Through
Shall mean a lot having a frontage on two parallel or approximately
parallel streets. (See Figure 14)
Lot, Waterfront
Shall mean a lot abutting a navigable waterway.
Figure 14
Town of Prescott Zoning By-law
49
Lot Width
Shall mean the shortest horizontal distance between the side lot lines
measured through a point 6 m [19.7 ft] back from the mid-point of the
front lot line.
Lumber Yard
Shall mean land, buildings and structures where the primary use is the
storage of construction grade wood and building supplies for sale at retail
or wholesale.
3. M
Main Building - see Building, Main
Main Wall
Shall mean any exterior walls of a building and all structural members
essential to the support of fully enclosed space or roof exclusive of
permitted projections.
Maisonette Dwelling - see Dwelling, Maisonette
Manufacturing Industry
Shall mean an industrial manufacturing or processing plan that is
conducted within an enclosed building and is engaged primarily in the
processing, finishing, refinishing assembly or similar production of
various articles and commodities, and may include a laboratory and/or
pharmaceutical plant, a plant for the assembly of scientific components,
electronic and/or electrical equipment, custom workshops, factories, mills
and similar productions facilities.
Marina
Shall mean a lot, building or structure on a waterfront with or without
docking facilities where boats and boat accessories are berthed,
constructed, stored, serviced, repaired or kept for sale or rent and where
the facilities for the sale of marine fuels and lubricants, bait as well as the
sale of foods, provisions or supplies as an accessory use may be provided.
Sewage pump-out facilities for pleasure craft are permitted.
Town of Prescott Zoning By-law
50
Marine Commercial Facility
Shall mean a building or structure used for boat repairs, sales, storage and
service or other marine related commercial uses.
Marine Facility
Shall mean a non-commercial building or structure which is used to moor,
berth or store a boat. This definition may include a boat launching ramp, a
boat lift, marine railway, dock or boathouse, but does not include any
building used for human habitation or a marina. A marine facility shall
also include a water intake facility and any flood or erosion control
structure. A marine facility shall not include any building used as a
dwelling unit.
Maximum
Shall mean the greatest number or amount permitted.
Medical/Dental Office
Shall mean a building or part of a building wherein health services are
provided to the public in the form of a medical, paramedical, dental,
surgical, physiotherapeutic, or other human health services including
associated technician and laboratory facilities, and may also include an
incidental pharmaceutical outlet for the sale of prescription and
therapeutic drugs and medication and other drug store products normally
sold in a pharmaceutical outlet, and optical equipment.
Medical Practitioner
Shall mean a doctor, dentist, chiropractor, osteopath, optometrist,
dermatologist, or oculist duly qualified and licensed to practice medicine
but does not include a veterinarian.
Miniature Golf Course
Shall mean an area of land or a building, structure or premises or part
thereof, operated for profit or gain as a commercial place of amusement in
which facilities are provided to simulate the game of golf or any aspect of
the game on a small scale, but does not include a driving range.
Minimum
Shall mean the least or smallest amount or number permitted.
Town of Prescott Zoning By-law
51
Mixed-Use Development
Shall mean a development project that contains both residential and non-
residential land uses planned, developed, owned and managed as a unit,
providing common on-site parking, open space, access and other shared
facilities and which may be held in single ownership or by participants in
a condominium cooperative, and where the predominant use is either
residential or offices.
Mobile Home
Shall mean any dwelling that is designed to be made mobile and
constructed or manufactured to provide a permanent residence for one or
more persons but does not include a modular home, recreational vehicle,
travel trailer, tent trailer or trailer otherwise designed.
Mobile Home Park
Shall mean land which has been provided for the location thereon of two
or more occupied mobile homes.
Model Home
Shall mean a dwelling which is not occupied for human habitation but is
used for the purpose of display to the public and where a portion of this
dwelling may be used as a sales office for the dwelling units to be
constructed on lots within a plan of subdivision.
Modular Home - see Dwelling - Modular
Motel
Shall mean a building or buildings designed or used for the
accommodation of the travelling or vacationing public, containing therein
ten (10) or more guest rooms, each guest room having a separate entrance
directly from outside and may include an accessory eating establishment
and meeting rooms.
Municipal Building
Shall mean any building owned and operated by the Corporation of the
Town of Prescott.
Municipal Water Services
Shall mean a municipal drinking-water system within the meaning of
Section 2 of the Safe Drinking Water Act, 2002.
Town of Prescott Zoning By-law
52
Municipal Sewer Services
Shall mean a sewage works within the meaning of Section 1 of the
Ontario Water Resources Act that is owned or operated by the Town of
Prescott.
Municipality
Shall mean the Corporation of the Town of Prescott
Museum
Shall mean an institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the public
for its instruction and enjoyment, a collection of artifacts of scientific,
artistic, or historical interest, or other interests.
3.N
Navigable Waterway
Shall mean a navigable body of water or stream as deemed under the
Navigable Waters Protection Act.
Negative Impacts
Shall mean:
(a)
in regard to fish habitat, the harmful alteration, disruption or
destruction of fish habitat, except where it has been authorized
under the Fisheries Act, using the guiding principle of no net loss
of productive capacity.
(b)
in regard to other natural heritage features and areas, the loss of the
natural features or ecological functions for which an area is
identified.
Non-conforming
Shall mean that which does not conform, comply or agree with the
provisions of this By-law.
Town of Prescott Zoning By-law
53
Nursery
Shall mean buildings, land or structures used for the growing of sod,
flowers, bushes, trees, or other gardening, landscaping or orchard stock for
wholesale or retail sale.
3. O
Obnoxious Use
Shall mean an offensive trade within the meaning of the Health Protection
and Promotion Act or any use which is offensive or dangerous by reason
of the emission of odour, smoke, dust, noise, gas, fumes, vibration or
refuse matter.
Occupancy Permit
Shall mean a permit issued under the authority of the Planning Act by the
Chief Building Official which indicates that the proposed use of the land
or any building or structure on any such land is in conformity with this
By-law (e.g. examples of changes in use include conversion of a
residential building to a lawyers office or professional office).
Office
Shall mean a building or part of a building used or intended to be used in
the performance and transaction of business including administrative and
clerical activities and professional offices, but shall not include the
manufacturing of any product.
Official Plan
Shall mean the Official Plan of the Town of Prescott planning area or parts
thereof and amendments thereto.
Open Space
Shall mean the open, unobstructed space on a lot including landscaped
areas, pedestrian walkways, patios, pools, public artwork or similar areas
but not including any driveway, ramp, parking spaces or aisles, loading
spaces or manoeuvring areas and similar uses.
Open Storage
Shall mean the storage of goods, merchandise or equipment outside of a
building or structure on a lot or portion thereof, including such uses as
building materials supply yards but does not include the outdoor display of
Town of Prescott Zoning By-law
54
a limited number of samples of the goods, merchandise or equipment for
the purpose of sales and advertisement or the storage of vehicles or
equipment for sale or repair.
Outdoor Display
Shall mean an area set aside outside of a building or structure, used in
conjunction with a business located within the building or structure on the
same property, for the display of sales or seasonal produce including
garden supplies and Christmas trees, new merchandise or the supply of
services.
Outdoor Patio - Commercial
Shall mean an area set aside outside that is covered or uncovered for the
use of patrons as part of a licensed restaurant or tavern in connection with,
and in addition to, the operation of the restaurant or tavern that is
contiguous to the restaurant or tavern.
Outdoor Patio - Non-commercial
Shall mean an area set aside outside that is covered or uncovered for the
use of residents of a building or users of a facility that is contiguous to the
building.
3. P
Park, Private
Shall mean any open space or recreational area, other than a public park,
owned and operated or maintained in whole or in part for profit by a
private club or fraternal organization, operated on a commercial and/or
private member basis, and may include therein one or more swimming,
wading and boat facilities, picnic area, ski area, gardens, refreshment
rooms or other areas for recreational activities. Such park may also include
accessory buildings and structures.
Park, Public
Shall mean an area of public land specifically defined or set aside for use
by and for the general public in both active and passive leisure and
recreational uses, and includes all landscaping, facilities and apparatus,
playing fields, utilities, buildings and other structures that are consistent
with the general purposes of public parkland, and whether or not such
recreational or leisure facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning
the park.
Town of Prescott Zoning By-law
55
Parking Area
Shall mean a lot or portion thereof required in accordance with the
provisions of this By-law for the temporary storage or parking of motor
vehicles accessory or incidental to uses in all zones, and shall not include
the storage or parking of motor vehicles for hire and gain, display or for
sale.
Parking Garage - see Garage, Parking
Parking Space
Shall mean an area used for the temporary parking of one motor vehicle
and includes spaces for the handicapped.
Parking Space, Barrier-Free
Means an area of not less than 22.2 m2 [238.9 ft.2] measuring a minimum of
3.7 m [12.1 ft.] by 6 m [19.6 ft.] exclusive of driveways or aisles, for the
temporary parking of a motor vehicle used by a handicapped or disabled
person(s).
Pawn Shop
Shall mean a commercial establishment where a pawnbroker offers money
or monetary loans in exchange for an item (e.g. jewelry, musical
instrument, trinket, personal good). Items can be either sold outright to a
pawnbroker or be used as collateral on a monetary loan.
Pedestrian Plaza - see Plaza, Pedestrian
Person
Shall include an individual, as association, a chartered organization, a
firm, a partnership, a corporation, an agent or trustee and the heirs,
executors, administrators or other legal representatives of a person to
whom the context can apply according to law.
Personal Service Establishment
Shall mean a business which is associated with the grooming or health of
persons or the maintenance or repair of personal wardrobe articles and
accessories, and may include a barber shop, beauty parlour, shoe repair
shop, self-service laundry or dry cleaning distribution station and similar
uses.
Town of Prescott Zoning By-law
56
Pharmacy
Shall mean a retail store that dispenses prescription drugs and which sells,
among other things, non-prescription medicines, health and beauty
products, and associated sundry items.
Pit
Shall mean land or land under water from which aggregate as defined
herein is being or has been excavated in order to supply material for
construction, manufacturing or industrial purposes, but shall not include
rehabilitated land or an excavation incidental to the erection of a building
or structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public
works.
Pit, Wayside
Shall mean land from which unconsolidated aggregate is temporarily
removed by means of open excavation for use in a public undertaking.
Place of Assembly
Shall mean a building specifically set aside for and primarily engaged in
the operation of arts and craft shows, trade fairs, fashion shows, public
meetings, conference meetings and similar activities. Places of Assembly
shall also include community centres, assembly halls, auditoriums and
convention facilities.
Place of Worship
Shall mean a building or an open area dedicated to religious worship, but
does not include a manse or rectory where established on a separate lot.
Playground
Shall mean a park or part thereof which is equipped with active
recreational facilities oriented to children.
Plaza, Pedestrian
Shall mean a common open space at, or within 1.0 m [3.3 ft] of, grade and
opening directly onto a street line or onto a front or exterior side yard.
Potential Influence Area - see Influence Area
Town of Prescott Zoning By-law
57
Printing Establishment
Shall mean a building or part thereof used primarily for printing,
regardless of the method, and publishing of general documents,
newspapers, periodicals, books, maps and similar publications and also
includes the sale and servicing of printing and duplicating equipment.
Private Club
Shall mean a building or part of a building used as a meeting place by an
association of persons who are bona fide members, which owns, hires or
leases the building or part thereof, the use of such premises being
restricted to members and their guests for social, cultural, recreational
business or athletic purposes, but does not include a banquet hall or
biker's bunker.
Private Road
Shall mean a private right-of-way over private property which affords
access to at least two (2) abutting lots and which is not maintained by a
Public Authority.
Public Authority
Shall mean the Corporation of the Town of Prescott and any Boards or
Commissions thereof and any Ministry or Department of the Governments
of Ontario or Canada, or the County of Leeds and Grenville or other
similarly recognized public utility or agencies established or exercising
any power or authority under any special or general statute and includes
any committee or local authority established by By-law of Council.
Public Service Use
Shall mean a building, structure or lot used for public services by the
Town of Prescott or the County of Leeds and Grenville and any Boards or
Commissions thereof, and any Ministry or Commission of the
Governments of Ontario and Canada, any telephone communications
facility, any telegraph or railway company, any company supplying
natural gas, Hydro One, Conservation Authority, Public Utilities Company
or similarly recognized agencies.
Public Storage - see Self Storage Establishment
Public Utility
Shall mean a water works or water supply system, sewage works,
electrical power or energy generating transmission or distribution system,
Town of Prescott Zoning By-law
58
street lighting system, natural artificial gas works or supply system, a
transportation system or a telephone or communications system, scientific
research system, and includes any lands, buildings or equipment required
for the administration or operation of any such systems and which is
operated by a public authority or a publicly governed company.
3. Q
Quarry, Wayside
Shall mean a place from which consolidated aggregate is temporarily
removed by means of open excavation for use in a public undertaking.
3. R
Rear Lot Line - see Lot Line, Rear
Rear Yard - see Yard, Rear
Recreational Commercial Establishment
Shall mean an establishment, premises or building where any recreational,
social or cultural uses are operated commercially for profit on lands in
private ownership, such as health clubs, golf courses, open or enclosed
skating or curling rinks, open or enclosed pools, open or enclosed
badminton or tennis courts, squash courts, bowling alleys, gymnasia, band
shell or open theatre, and other similar uses but does not include a casino
or bingo hall.
Recreational Facility
Shall mean any building or structure or specific area planned for, used for,
or related to intensive recreational activities and shall include
campgrounds, picnic areas, beaches, change rooms, outdoor shelters,
playground areas and equipment, hiking trails, sports fields and similar
uses.
Recreational Use
Shall mean uses associated with leisure time activity undertaken in built or
natural settings for purposes of physical activity, health benefits, sports
participation and skill development, personal enjoyment and positive
social interaction.
Town of Prescott Zoning By-law
59
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to
a motor vehicle for the purpose of being drawn or is self-propelled, and is
capable of being used on a short term recreational basis for living,
sleeping, eating or accommodation of persons on a temporary, transient or
short term basis, even if the vehicle is jacked up or its running gear is
removed. Examples include a motor home, tent trailer, a camper trailer, a
recreational trailer, a fifth wheel or a bus converted into a motor home.
For the purposes of this definition, a recreational vehicle shall be
considered a structure for the purposes of establishing setbacks only. A
recreational vehicle shall not be deemed to include a mobile home or a
manufactured home.
Recreational Vehicle Sales and Storage
Shall mean an area which is used for the display, storage and/or sale of
boats, trailers, campers and other recreational vehicles.
Recycling Facility
Shall mean a recycling facility which, in addition to any activity permitted
in a Residential and Other Source Recycling Facility, engages in the
processing of non-hazardous recyclable materials such as textiles, leather,
plastic, household appliances, and tires, but excluding construction and
demolition waste materials.
Redevelopment
Shall mean the creation of new units, uses or lots on previously developed
land in existing communities, including brownfield sites. Furthermore,
redevelopment includes the removal or rehabilitation of buildings or
structures and the construction, reconstruction, or erection of other
buildings or structures in their place.
Refreshment Sales Vehicle - see Licensed Refreshment Sales Vehicle
Restaurant
Shall mean a building or structure where food is prepared and offered for
sale to the public for consumption within the premises and may include a
take-out facility clearly secondary to the principle use.
Town of Prescott Zoning By-law
60
Restaurant, Drive-in
Shall mean a building or structure where food is prepared and offered for
sale to the public for consumption within or outside the building or
structure.
Restaurant, Take-Out
Shall mean a building or structure where food is prepared and offered for
sale to the public to be taken out and/or delivered for consumption off the
premises.
Retail Store
Shall mean a building or part of a building wherein merchandise is offered
or kept for retail sale upon the premises but does not include any
establishment otherwise defined or classified within this By-law with the
exception of a department store. Storage of limited quantities of such
merchandise, sufficient only to service such store and the servicing of such
merchandise may be permitted in a retail store as ancillary uses, provided
such uses are clearly necessary and secondary to the main retailing
function of the store.
Retirement Home
Shall mean a residence providing accommodation primarily for retired
persons or couples where each private living unit (bedroom or suite) has a
separate private bathroom and a separate entrance from a common hall,
but where common facilities for the preparation and consumption of food
are provided and common lounges, recreational facilities, medical services
and social and recreational facilities for the use by the inhabitants may be
provided. (see also Continuum-of-Care Facility)
Right-of-Way - see Private Road
Road - see Street
3. S
Salvage Yard
Shall mean a lot and/or building or portion thereof where used goods,
wares, merchandise, articles, motor vehicles, machinery or parts thereof
are processed or sold for further use, dismantled or abandoned. This
definition may include a junk yard, a scrap metal yard, a recycling depot
and an automotive wrecking yard on the premises.
Town of Prescott Zoning By-law
61
Satellite Dish
Shall mean a structure designed and used for the reception of television
signals related back to earth from a communications satellite.
Sauna
Shall mean an accessory building or structure or part of a building
wherein facilities are provided for the purpose of inducing perspiration
and may include a change room and shower.
School
Shall mean an institution for education or instruction as defined in the
Education Act or the Ministry of Colleges and Universities Act, normally
under the jurisdiction of a Board.
(a)
Adult Secondary School shall mean a Secondary School
identified as a centre for learning for persons who are mature
students (not of compulsory school age), attending to complete
some or all of their secondary education.
(b)
Commercial School shall mean a school operated by one or more
persons for gain or profit.
(c)
College School shall mean a college of applied arts and technology
established under the Ministry of Colleges and Universities Act.
(d) Elementary School shall mean a school under the jurisdiction of
the Upper Canada District School Board, the Catholic District
School Board of Eastern Ontario, le Conseil scolaire de district de
l'Est de l'Ontario or le Counseil scolaire de district catholique de
Centre-Est de l'Ontario, used primarily for the instruction of
students receiving primary education.
(e)
Private School shall mean a school, other than an elementary
school, secondary school, adult secondary school, community
college school, school or a commercial school, under the
jurisdiction of a private board of directors, trustees or governors, a
religious organization or a charitable institution, used primarily for
the instruction of students receiving primary and/or secondary
education.
.
(f)
Secondary School shall mean a school under the jurisdiction of
the Upper Canada District School Board, the Catholic District
Town of Prescott Zoning By-law
62
School Board of Eastern Ontario, le Conseil scolaire de district de
l'Est de l'Ontario or le Counseil scolaire de district catholique de
Centre-Est de l'Ontario, used primarily for the instruction of
students receiving secondary education.
(g)
University School shall mean a university designated by the
Ministry of Colleges and Universities Act.
Seasonal Boat Slip - see Boat Slip, Seasonal
Seat
Shall mean a place on or in which one sits and where provided by
benches, forms or pews, each 0.6 m [2 ft] of such seating shall be the
equivalent of one (1) seat.
Seating Capacity
Shall mean the number of persons which can be accommodated in a
building or structure or part thereof in a seated position on chairs, benches,
forms or pews.
Secondhand Shop
Shall mean the use of land, building or structure or part thereof where used
goods, wares, merchandise, substances or articles are offered or kept for
sale, but shall not include the wrecking or dismantling of such.
Self Storage Establishment
Shall mean a building or buildings consisting of individual secured storage
units accessible by the user, used for the storage of general merchandise,
vehicles, furniture, household goods, foodstuffs, articles or things, but
does not include a fuel storage tank except as an accessory use, which are
generally accessible by means of individual loading doors.
Senior Citizens Dwelling
Shall mean a building or part of a building which is used to accommodate
senior citizens.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or
normal activities occurring at reasonably expected times would experience
1 or more adverse effect(s) from contaminant discharges generated by the
Town of Prescott Zoning By-law
63
nearby facility. The sensitive land use may be a part of the natural or built
environment.
Service Shop
Shall mean a building or part of a building whether in conjunction with a
retail store or not, used for the repair or servicing or goods, commodities,
articles or materials, but not the manufacturing thereof. Automobile
repairs and services are not permitted under this definition.
Setback
Shall mean:
(a)
with reference to a street, the least horizontal distance between the
front lot line and the nearest building line;
(b)
with reference to a private right-of-way, the least horizontal
distance between the boundary of the right-of-way and the nearest
building line;
(c)
with reference to a waterbody, the least horizontal distance
between the high water mark and the nearest building line.
Shopping Centre
Shall mean a group of at least three (3) commercial and service
establishments or retail stores which are designed, developed and managed
as a unit, usually in a single building, having off-street parking provided
on the site.
Shopping Plaza
Shall mean a group of at least three (3) commercial and service
establishments or uses serving primarily the day-to-day needs of a
residential area and designed, developed and managed as a unit whether
by a single owner, a group of owners or tenants, acting in collaboration.
Access to individual functions within a shopping plaza will generally be
from an open area but may be from an enclosed area.
Shoreline
Shall mean those lands extending from the average annual water level
which have potential and direct significant impact on near shore water and
the shore ecosystem through run-off, and where land use activity is
primarily water oriented.
Town of Prescott Zoning By-law
64
Showroom
Shall mean a part of a building, used as a building or contracting or
wholesale establishment, which is integral to the permitted main use, used
for the purpose of displaying wares and goods.
Side Interior Lot Line - see Lot Line, Side Interior
Side Yard - see Yard, Side
Side Exterior Yard - see Yard, Side Exterior
Side Interior Yard - see Yard, Side Interior
Sight Triangle
Shall mean a triangular space, free of buildings, structures and
obstructions, formed by the street lines abutting a corner lot and a third
line drawn from a point on a street line to another point on a street line,
such point being the required sign distance from the point of intersection
of the street lines as specified in this By-law. (See Figure 15)
Figure 15
Town of Prescott Zoning By-law
65
Sign
Shall mean any writing, letter or numeral work, any pictorial
representation, illustration, drawing, image or decoration, any emblem,
logo, symbol or trademark or any device with similar characteristics
which:
(a)
is a structure, or part of a structure, or which is attached thereto or
mounted thereon; and
(b)
which is used to advertise, inform, announce, claim, give publicity
or attract attention.
Solar Collector
Shall mean a device consisting of photovoltaic panels that collect solar
power from the sun. A solar collector may be attached to a building or
erected on a post(s).
Solarium
Shall mean a glassed-in structure or room projecting from an exterior wall
of a building which may be used for sunning, therapeutic exposure to
sunlight, or for a use where the intent is to optimize exposure to sunlight.
Storey
Shall mean that portion of a building, other than a cellar or a basement,
included between the surface of any floor and the surface of the floor, roof
deck, ceiling or roof immediately above it. (See Figure 16)
Figure 16
Town of Prescott Zoning By-law
66
Storey, First
Shall mean the lowest storey of a building, wherein the floor is generally
at grade elevation.
Street
Shall mean a public or common highway affording principal means of
access to abutting properties which has been assumed by a public
authority.
Street Line
Shall mean the limit of the road or street allowance and is the dividing line
between a lot and a street or private road.
Structure
Shall mean anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment
to something having location on the ground.
Studio
Shall mean a building or structure or part thereof used:
(a)
as the workplace of a cabinetmaker, ornamental welder,
photographer, artist or artisan or any similar artist or craftsman,
where unique articles are made or fabricated and offered for sale.
(b)
for the instruction of art, music, languages or similar disciplines.
Swimming Pool
Shall mean an open or covered pool which is at least 50 cm [19.6 in] in
depth, and may include a hot tub or whirl pool.
3. T
Tavern
A building or part thereof where, in consideration of payment therefore,
liquor, beer or wine or any combination thereof are served for
consumption on the premises, with or without food, and is licensed under
the Liquor License Act.
Town of Prescott Zoning By-law
67
Taxi Dispatch
Shall mean a building or part thereof used as an office to dispatch taxis to
their fares but shall not include a Taxi Stand. A Taxi Dispatch is an
accessory use to a Taxi Depot.
Taxi Depot
Shall mean a parcel of land, or a building or structure, used for the
parking, cleaning and minor maintenance of a taxi fleet. A Taxi Dispatch
is an accessory use to a Taxi Depot.
Temporary Building - see Building, Temporary
Theatre - see Cinema/Theatre
Theme Park
Shall mean an entertainment or amusement facility or park developed
around one or more themes.
Through Lot - see Lot, Through
Tourist Inn
Shall mean a building with historic and architectural merit in which five
(5) to ten (10) guest rooms are made available for the temporary
accommodation of the traveling public. Such an establishment may offer
meals to guests staying at the inn.
Tourist Outfitters Establishment
Shall mean an establishment which operates throughout all or part of a
year which may or may not furnish overnight accommodation and
facilities for serving meals and furnishes equipment, supplies or services
to persons in connection with angling, hunting, camping or other similar
recreational purposes.
Town
Shall mean the Corporation of the Town of Prescott.
Trailer
Shall mean a transport trailer which is not connected to the ground by
means of services or a foundation.
Town of Prescott Zoning By-law
68
Transient Boat Slip - see Boat Slip, Transient
Transportation Terminal
Shall mean an establishment where commercial vehicles are stored,
repaired, washed or maintained and includes a bus depot.
Travel Plaza/Truck Stop
Shall mean an establishment designed to serve the needs of professional
drivers and the travelling public, including automobile and vehicle fuel
and repair services and restaurants, and may include related and ancillary
services such as communication and delivery services, financial services,
personal services, lodging for professional drivers, convenience and retail
stores and amusement games establishments, but does not include hotels
and motels. The components of a travel plaza/truck stop may be free-
standing or combined in one building
3. U
Use
Shall mean the purpose for which any land, building, structure or any
combination thereof is designed, arranged, occupied or maintained.
Utility - see Public Utility
3. V
Vehicle or Motor Vehicle
Shall mean a motor vehicle, traction engine, road-building machine,
bicycle and any vehicle drawn, propelled or driven by any kind of power,
including muscular power, but does not include a motorized snow vehicle
or a street car.
Vehicle Shelter
Shall mean a non-permanent shelter device consisting of a fabric cover
erected to protect vehicles from rain, snow and other such weather
elements.
Town of Prescott Zoning By-law
69
Veterinary Establishment
Shall mean a building or a part of a building used by a veterinary surgeon
for treating domestic animals, birds or other livestock, but shall not
include a commercial kennel or research facility.
Video Rental Outlet
Shall mean a building or part of a building wherein the primary use is the
rental of recorded video materials and may include the rental of video
recorders, DVDs, video cameras and video games or similar uses or
electronic devices and does not include an adult video rentals or sales
outlet.
3. W
Warehouse
Shall mean a building or part of a building used primarily for the operation
of general merchandise warehousing, cold storage and other storage
facilties and includes a centre for distribution of wholesale goods and
commodities for resale to retailers; to industrial, commercial, institutional
or professional users; and/or to other wholesalers.
Water Frontage
Shall mean a lot which has one or more lot lines abutting a watercourse,
bay or lake.
Waterbody
Shall mean any bay, lake natural watercourse, pond, river or canal, but
excludes a drainage or irrigation channel.
Waterfront Commercial Marine Facility
Shall mean an establishment which shall include, but not be limited to, the
following: marina, watercraft sales and servicing, commercial fish market,
marine retail outlets, tourist outfitters establishment, parks, open space,
waterfront trails, harbour office, pavilion, recreational buildings and uses,
and accessory uses to the foregoing permitted uses.
Waterfront Lot - see Lot, Waterfront
Wayside Pit - see Pit, Wayside
Wayside Quarry - see Quarry, Wayside
Town of Prescott Zoning By-law
70
Welding Shop
Shall mean a building or structure or part thereof where metal products are
joined, repaired or shaped by welding but no mass productions shall be
involved.
Wellness Centre
Shall mean a building, or part thereof, used by professional therapists,
chiropractors, drugless practitioners, professional trainers and nutritionists
trained in a range of disciplines such as massage therapy, physiotherapy,
naturopathic medicine, chiropractics, acupuncture, homeopathy, orthotics,
health counselling and personal training and may include accessory uses
at an accessory scale, such as administrative offices, physical fitness
rooms and waiting rooms, directly associated with the facility, but
excludes commercial recreation establishments.
Wholesale Establishment
Shall mean a building used or intended to be used for the bulk storage and
sale of quantities of goods, commodities, wares, merchandise or materials
for resale or business use.
Wind Turbine, Small
Shall mean a wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has a
rated capacity of not more than 300 kW, and which is intended to provide
electrical power for use on-site (either behind the meter or off-grid) and is
not intended or used to produce power for resale. For the purposes of this
by-law, a small wind turbine shall be considered an accessory structure.
Wind Turbine, Vertical Axis
Shall mean a wind energy conversion system consisting of blades rotating
around a vertical motor shaft, and associated control or conversion
electronics, which has a rated capacity of not more than 300 kW, and
which is intended to provide electrical power for use on-site (either behind
the meter or off-grid) and is not intended or used to produce power for
resale. For the purposes of this by-law, a vertical axis wind turbine shall
be considered an accessory structure.
Town of Prescott Zoning By-law
71
Workshop or Custom Workshop
Shall mean a building, structure or part thereof where manufacturing is
performed by a tradesman, requiring manual or mechanical skills and may
include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, a commercial welder's shop or similar uses.
3. Y
Yard
Shall mean an open area on the same lot with a building or structure or
excavation, unoccupied and unobstructed except for such accessory
buildings, structures or uses specifically permitted in this By-law.
Yard, Front
Shall mean the space extending across the full width of a lot between the
front lot line and the nearest part of any main building or structure for
which such yard is required. (See Figure 17)
Yard, Rear
Shall mean a space extending across the full width of a lot between the
rear lot line and the nearest part of any main building or structure for
which such a yard is required. Where there is no rear lot line, the rear yard
shall be measured from the intersection of the side lot lines to the closest
point of the main wall of the main building. (See Figure 17)
Figure 17
Town of Prescott Zoning By-law
72
Yard, Side
Shall mean a yard extending from the front yard to the rear yard between
the side lot line and the nearest part of any main building or structure for
which such yard is required.
Yard, Side Exterior
Shall mean a side yard immediately adjacent to a street. (See Figure 17)
Yard, Side Interior
Shall mean a side yard other than an exterior side yard. (See Figure 17)
Yard Sale - see Garage Sale/Household Sale
3. Z
Zone
Shall mean a designated area of land use demarcated on the schedules
attached hereto.
Town of Prescott Zoning By-law
73
Section 4 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations which
apply regardless of the specific zoning. Whereas the zones provide site
specific controls corresponding to such items as permitted uses and
locational restrictions, the General Provisions provide regulations more
general in nature, applying to a variety of uses regardless of zoning.
Note: words or text shown in bold italic script are defined in the Definitions Section
(Section 3) of this By-law.
4.1
Accessory Apartments
One accessory apartment dwelling unit, as herein defined, shall be a
permitted use within any single detached dwelling.
4.2
Accessory Buildings, Structures and Uses
4.2.1
Where a lot is devoted to a permitted use, accessory uses, buildings and
structures are authorized subject to the following provisions.
(a)
Accessory uses to be on Same Lot
All accessory uses, buildings and structures to a permitted main
principal use shall be located on the same lot and in the same zone
as the principal use.
(b)
Accessory Building to be Behind Front Lot line
Except as otherwise provided by this By-law, any accessory
building which is not part of the main building, shall be erected to
the rear of the main wall of the main building for the front or
exterior yard, or the extension of the building line of the main wall
to the side lot line and shall comply with the minimum yard
requirements of the zone in which such building is being erected.
(See Figure 17)
(c)
Maximum Lot Coverage
Accessory buildings, structures and uses, excluding in-ground
swimming pools, shall be comprised within the calculation for the
purposes of conformity to Zone Requirements. The total lot
coverage of all accessory buildings and structures (deck or
Town of Prescott Zoning By-law
74
sundeck excluded) shall not exceed 10% to a maximum of 60 m2
[645.9 ft2] in a residential zone.
(d)
Accessory Dwelling
The use of any accessory building for human habitation is not
permitted except where an accessory dwelling is a permitted use.
Accessory dwellings shall conform to the setback requirements of
the main permitted use(s).
(e)
Accessory Buildings Prior to Erection of Main Building
No accessory building shall be erected prior to the erection of the
main building on the same lot, except where it is necessary for the
storage of the tools, and materials for the use in connection with
the construction of the main building or structure, and no such
accessory building shall, prior to the erection of the main
building, be used for any purpose other than storage.
(f)
Gate House
A gate house shall be permitted in the front or side yard of any
industrial zone or in the area between the street line and the
required setback.
(g)
Vehicle Shelters
A vehicle shelter shall be permitted as an accessory use to a
permitted residential use in the R1 Zone. No vehicle shelter shall
be permitted where it causes a visual obstruction to traffic and/or
constitutes a threat to public safety. A vehicle shelter shall not
exceed a height of 3 m [9.84 ft] and the minimum setback from a
front lot line shall be 1.5 m [4.9 ft] and the minimum setback from
a side lot line or rear lot line shall be 1 m [3.28 ft].
(h)
Accessory buildings or structures shall not be located closer than 1
m [3.28 ft] to any interior side lot line or any rear lot line except
for common garages which may be centred on the mutual lot line
and marine facilities may be built up to a lot line that corresponds
to the water's edge.
(i)
Accessory buildings or structures shall not exceed one (1) storey
or 4.5 m [14.8 ft] in a residential zone, and shall not exceed 10 m
[32.8 ft] in any commercial, industrial or institutional zone.
Town of Prescott Zoning By-law
75
(j)
Accessory buildings or structures shall not be located within 2 m
[6.6 ft] of the main building.
(k)
Any building or structure which is structurally attached to the main
building will not be considered accessory for the purposes of this
By-law.
(l)
The maximum number of accessory buildings on a lot shall be two
(2).
4.2.2
Swimming Pools
Private swimming pools, both above-ground and in-ground both open and
covered, shall be permitted subject to any By-law of the Town of Prescott
regarding swimming pools and the following requirements:
(a)
Open Pools
(i)
Open pool areas shall be totally enclosed by a fence and a
self-locking gate, each constructed of suitable materials,
and each having a minimum height of 1.5 m [4.92 ft] to
prevent unauthorized entry;
(ii)
Where a pool is an above-ground pool, any combination of
the pool wall, surrounding fence or structure totalling a
minimum of 1.5 m [4.92 ft] in height shall be deemed to
meet the fencing requirements and provided that there is a
self-locking gate or equivalent arrangement to prevent
unauthorized entry;
(iii)
The required fence shall not be located closer than 0.91 m
[3 ft] from the edge of any outdoor swimming pool;
(iv)
The maximum height of an above-ground pool shall not be
more than 2 m [6.6 ft] above grade;
(v)
Any building or structure, other than a dwelling, required
for changing clothing or pumping, filtering or storage or
any similar purposes shall comply with the provisions
respecting accessory uses and structures;
(vi)
No part of an open pool including an associated apron or
platform which is in a front or side yard shall be
constructed closer to a street line than the requirements for
a main building in the zone within which it is located nor
Town of Prescott Zoning By-law
76
closer to the lot line in a rear yard than the minimum
distance required for an accessory use or structure; and
(vii)
No accessory building or structure that could be used to
assist in gaining unauthorized access to the pool shall be
located less than 1.22 m [4 ft] from the outside edge of the
pool wall of an in-ground pool or 1.22 m [4 ft] from the
outside edge of a fence surrounding an above-ground pool.
(viii) Any fence required to secure an outdoor swimming pool
from unauthorized entry shall not be located closer than
0.91 m [3 ft] from the outside edge of a pool wall of any
outdoor swimming pool.
(b)
Covered Pools
Covered pools shall conform with the accessory building
requirements contained in Section 4.2.1.
(c)
Pools in the Flood Plain
The establishment of any swimming pool in an identified flood
plain area shall be subject to the approval of the appropriate
agency.
(d)
No person shall fill a privately owned outdoor swimming pool with
water, or allow water to remain therein or in an excavation, until
the provisions of this by-law and the Town's Fence By-law have
been complied therewith.
4.3
Automobile Service Station, Gas Bar, Car Wash, Fuel
Pump Island and Gasoline Card Lock Facility
Despite any other provisions contained in this By-law, for all zones within
which an auto service station, car wash, gas bar, and/or fuel pump island
is permitted the following shall apply:
(a)
the minimum frontage for an interior lot on any street shall be 35
m [114.8 ft.] and 40 m [131.2 ft.] for a corner lot, and the
minimum depth of any lot shall be 30 m [98.4 ft.].
(b)
the minimum yard requirements for the main building shall be as
follows:
(i)
adjacent to a Residential Zone
front yard depth........ ..................15 m [49.2 ft.]
Town of Prescott Zoning By-law
77
exterior side yard width....... .........15 m [49.2 ft.]
interior side yard width........ ...........6 m [19.7 ft.]
rear yard depth......... ....................6 m [19.7 ft.]
(ii)
adjacent to all other land uses
front yard depth........ ..................15 m [49.2 ft.]
exterior side yard width.................15 m [49.2 ft.]
interior side yard width........ ............3 m [9.8 ft.]
rear yard depth......... .....................3 m [9.8 ft.]
(c)
the minimum distance between any portion of the pump island and
related overhead canopies and any lot line shall be 5 m [16.4 ft.].
(d)
the width of any entrance or exit or combined entrance or exit
measured at the front lot line or side lot line shall not be greater
than 9 m [29.5 ft.].
(e)
the minimum distance between entrances, exits or combined
entrance and exit on the same lot at the street line shall be 12 m
[39.4 ft.].
(f)
the minimum distance between any part of an entrance, exit or
combined entrance and exit, and the intersection of the street lines
of one or more streets shall be 15 m [49.2 ft].
(g)
Separation of Gasoline or Propane Tanks
No person shall erect or use a tank for the storage of gasoline or
propane for sale at an automobile station or gasoline bar or any
other property where vehicle fuel may be dispensed unless a
license has been obtained from the Ministry of Government and
Business Services and the location is in compliance with the
requirements under the Gasoline Handling Act or Ontario Propane
Code.
4.4
Bed and Breakfast Establishment
A bed and breakfast establishment shall be permitted in any residential
zone in a single detached dwelling as a principal use subject to the
following requirements:
(a)
That the use of the dwelling does not change the residential
character of the dwelling.
(b)
That the requirements for the provision of off-street parking
spaces can be met.
Town of Prescott Zoning By-law
78
(c)
That the requirements of the local Health Unit, where applicable,
can be met.
(d)
That one sign only shall be permitted provided the sign area does
not exceed 1.2 m2 [12.9 ft2], does not flash or oscillate, does not
exceed a height of 1.5 m [4.92 ft] if a free standing sign, shall not
obstruct any sight triangle, and has a minimum setback from any
lot line of 1 m [3.28 ft].
(e)
That the bed and breakfast shall not be combined with any other
residential use except a single detached dwelling in which it is
located.
(f)
That a breakfast service is provided.
(g)
That the building complies with all applicable Building Code and
Fire Code regulations.
4.5
Bicycle Parking Requirements
(a)
The owner or occupant of any building or structure erected,
enlarged or where the use is changed after the passing of this By-
law shall provide bicycle parking space in accordance with the
following provisions:
Schedule for Bicycle Parking Requirements:
Use
Minimum Number of Bicycle Stand Parking
Spaces Required
Residential Uses:
Apartment Dwelling, Maisonette
Dwelling, Stacked Townhouse with
communal parking
1 space per 8 dwelling units
Boarding House
1 space per every 10 persons who can be
accommodated therein
Group Home
1 space per every 10 residents
Other Uses:
Arcade/Video Arcade
1 space per every 30m2 [322.9 ft2] of gross floor area
Athletic or Recreational
Establishment
1 space per every 30m2 [322.9 ft2] of gross floor
area
Town of Prescott Zoning By-law
79
Bowling Alley, Curling Rink
1 space per 4 bowling lanes or curling sheet plus 1
space per 24 seats design capacity of the area for
accessory uses
Cinema/Theatre
1 spaces per 40 persons accommodated according to
the maximum permitted capacity
Convenience Store
1 space per 20 m2 [215.3 ft2]
Hospital
1 space per 10 beds or fraction thereof, or for every
1,805 m2 [1991.3 ft2] of floor area, whichever is
greater
Library
1 space per every 30m2 [322.9 ft2] of gross floor area
Public Buildings
1 space per 40 m2 [430.6 ft2] of Gross Floor Area,
minimum 2 spaces
Arenas, Halls
1 space per 20 persons accommodated according to
the maximum permitted capacity or 1 space per 10
m2 [107.6 ft2] where there are no fixed seats
Restaurant, Drive-in Restaurant
1 space per 20 persons accommodated according to
the maximum permitted capacity or 1 space per 30
m2 [322.9 ft2], whichever is greater
Retail stores, service outlets, video
rental outlets, banks
1 space per 40 m2 [430.6 ft2]
School, elementary, private
1 space per classroom
School, adult secondary, college
1 space per 100 m2 [1,076.4 ft2]
School, secondary
2 spaces per classroom
School, university
1 space per 100 m2 [1,076.4 ft2]
Shopping Centre, Shopping Plaza
1 space per 40 m2 [430.6 ft2] of gross leasable floor
area
(b)
Despite the number of bicycle stand parking spaces calculated
according to the above chart, a minimum of two bicycle stand
parking spaces shall be required for all uses listed in the above
chart.
(c)
The bicycle parking spaces required in the above chart shall be
provided by a bicycle stand. The outside edge of a bicycle stand
shall not be used in the calculation of the required bicycle parking
spaces. Trees, fences and other objects or equipment shall not be
used in the calculation of the required bicycle parking spaces.
(d)
Bicycle stands shall be attached to the ground or to the outside
wall of a building, or a bicycle stand may be located within a
Town of Prescott Zoning By-law
80
building or structure where it is attached to a part of the said
building or structure.
(e)
Bicycle stands shall not exceed 1 m [3.28 ft] in height.
4.6
Buildings to be Moved
No building or structure shall be moved within the limits of the
municipality, or shall be moved from outside the municipality, unless the
building or structures is a permitted use and satisfies all the requirements
of the zone in which it is to be located, and then only after a permit has
been obtained from the Chief Building Official.
4.7
Change in Lot Size
No lot shall be reduced in area, depth or width, by any means other than
acquisition by a Public Authority, which results in:
a)
the lot coverage exceeding the maximum permitted by this By-law;
b)
the lot area, lot frontage or a yard being less than the minimum
required by this By-law.
4.8
Change of Use
The use of a lot, building or structure which, under the provisions hereof
is not permissible within the zone in which such a lot, building or structure
is located, shall not be changed except to a use which is permissible within
such zone or as otherwise authorized by the Committee of Adjustment
under Section 45(2) of the Planning Act.
4.9
Converted Dwellings and Basement Apartments
(a)
A converted dwelling shall be a permitted use in an R2 or R3 zone,
provided there is no substantial change in the external appearance
or addition of the dwelling as a result of the conversion, that the
number of dwelling units shall not exceed four (4), and provided
all other requirements of this By-law are met.
(b)
A basement apartment dwelling unit shall comply with the
Building Code Act.
Town of Prescott Zoning By-law
81
4.10
Cumulative Standards
(a)
Despite anything contained in this By-law, where any land,
building or structure is used for more than one purpose, all
provisions of this By-law relating to each use shall be complied
with.
(b)
When a building, structure or lot accommodates more than one
use, the delivery space requirements, loading space requirements
and parking space requirements for such a building, structure or lot
shall be the sum of the requirements for the separate uses thereof,
unless exempted elsewhere in this By-law.
4.11
Established Building Line
Despite the yard and setback provisions of this By-law to the contrary,
where a permitted building or structure is to be erected on a lot in a built-
up area, where there is an established building line extending on both
sides of the lot, such permitted building or structure may be erected closer
to the street line, or the centre line of the street as the case may be, than
required by this By-law provided such permitted building or structures is
not erected closer to the street line or the centre line of the street, as the
case may be, than the established building line. All other provisions of this
By-law shall apply.
4.12
Fences
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted
under the Municipal Act, the provisions of the Line Fences Act or any
provisions for fences set out in this By-law and as follows:
(a)
Residential Fences
(i)
The maximum height of a fence along the interior side or
rear yard lot line shall be 2 m [6.56 ft] measured from the
average grade.
(ii)
The maximum height of a fence along any front yard or
exterior side yard lot line shall be 1 m [3.28 ft] measured
from the average grade.
(iii)
No fence shall be constructed so as to obstruct the vision
within any sight triangle.
Town of Prescott Zoning By-law
82
(iv)
An unpierced hedgrow or other unpierced planting in a
front yard shall be deemed to be a fence.
(v)
The use of barb-wire, spire tips, sharp objects or any device
for projecting an electric current in any fence construction
is prohibited as per the Town's Fence By-law (By-law 07-
2000).
(vi)
Any fence that is constructed or erected to secure an
outdoor swimming pool from unauthorized entry shall also
be in compliance with section 4.2.2 of this by-law.
(b)
Non-residential Fences
(i)
The maximum height of a fence along any lot line of a non-
residential use shall be limited to 2.5 m [8.2 ft] where the
fence is a chain-link fence or 2 m [6.56 ft] for any other
materials.
(ii)
No fence shall be constructed so as to obstruct the vision
within any sight triangle.
(iii)
The use of barb-wire, spire tips, sharp objects or any device
for projecting an electric current in any fence construction
is prohibited as per the Town's Fence By-law (By-law 07-
2000).
4.13
Flood Plain
The following provisions shall apply to areas located below any
engineered floodline as determined through a technical study.
No person shall use any land or erect, alter or use any building or structure
in the Flood Plain except in accordance with the following provisions:
4.13.1
Permitted Uses
(a)
Buildings or structures intended for flood or erosion control or
slope stabilization
(b)
All buildings and structures in existence on the day of the passing
of this By-law
(c)
Low impact buildings such as a gazebo, garden shed, garden
furniture but not a detached garage
(d)
A swimming pool subject to Subsection 4.2.2(c)
(e)
Conservation uses
(f)
Marine facilities
Town of Prescott Zoning By-law
83
(g)
Parks without buildings or structures
(h)
Landscaped open space
(i)
Hydro-electric generating facilities
(j)
Infrastructure incidental to a water supply or waste water treatment
facility such as a water intake or sewer outfall but not including the
main building of a water filtration plant or waste water treatment
facility.
4.13.2
Prohibited Uses
No use, building or structure which involves the storage or use of
hazardous or toxic materials, e.g. ignitable, corrosive, reactive, radioactive
or pathological materials, or any institutional use shall be permitted to be
constructed in a flood plain.
4.13.3
Zone Requirements
As set out in the applicable zone in which the use, building or structure is
located.
4.13.4
Additional Provisions
(a)
Any new building or structure or any expansion of or addition to
any buildings or structures permitted in the Flood Plain after the
day of the passing of this By-law shall incorporate appropriate
engineered construction techniques which reduce or eliminate the
risks of flood damage from erosion or unstable slopes.
(b)
Modification of the Flood Plain through the dumping, filling,
excavation or site grading of land or the diversion or alteration of
any water course or the obstruction of the flood capacity or flood
way by any means is prohibited unless otherwise permitted and/or
approved by the agency having authority.
4.14
Frontage on a Street or Private Road
(a)
Street
Except for a condominium project where the condominium
agreement provides for the ongoing maintenance of any road or
street providing direct access to a dwelling therein or land uses on
one lot with multiple ownership and/or multiple use, no person
shall erect any building or structure in any zone unless the lot upon
which such building or structure is to be erected has sufficient
frontage on a street as per the requirements of the respective zone
Town of Prescott Zoning By-law
84
within which the lot is situated. For the purposes of this By-law, a
street does not include an unopened road allowance.
(b)
Exemptions
The requirements for frontage on a street shall be exempted for the
following circumstances:
(i)
For a public utility
(ii)
For any passive outdoor recreational use or activity (e.g.
recreational trails or similar activities)
(iii)
Back lots that exist as separately conveyable lots, but
because of a number of factors, cannot front upon an open
street and have a registered right-of-way
(iv)
Certain non-residential uses which do not require frontage
on a street to satisfy their business needs and access is
provided by way of a legal right-of-way
(c)
Maintenance or Subdivision Agreement
Despite subsection (a) above, where a maintenance or subdivision
agreement exists between the municipality and a land owner(s)
and is registered on title, frontage on an unopened or unmaintained
street or right-of-way shall be deemed to conform to the provisions
of this section, provided that such frontage is in conformity with
the zone standards set out in the corresponding zone or an
exception thereto.
(d)
Provincial Highway
In addition to all the requirements of the Corporation of the Town
of Prescott, all development within the Ministry of
Transportation's Permit Control Area is also subject to the
requirements and permits of the Ministry of Transportation.
4.15
Frontage on More than One Street
Where a lot fronts on more than one street and is not a corner lot, the
requirements for front yards contained in this By-law shall apply to each
yard abutting the street in accordance with the provisions of the zone or
zones in which such lot is located.
4.16
Garbage Storage
No person shall use any area outside of a main building in any industrial
zone or commercial zone for storage of garbage except in a location as
Town of Prescott Zoning By-law
85
permitted within a site plan agreement under section 41 of the Planning
Act, or within a rear yard and in a manner which is environmentally
acceptable to the Corporation of the Town of Prescott and is visually
screened in a manner which is in keeping with the architectural treatment
of the main building.
4.17
Garden Suites
Subject to the passing of a site specific Temporary Use By-law under
Section 39 of the Planning Act, a garden suite shall be permitted as a
separate dwelling unit to a permitted main residential use provided that the
minimum lot area conforms with the zone in which the garden suite is to
be located, that the maximum net floor area is 50 m2 [538 ft2], that the
maximum height of the garden suite is 6 m [19.7 ft] or the average height
of the main buildings on the subject and abutting lots, whichever is lesser,
that the garden suite is located in the rear or interior side yard and meets
the minimum yard and lot coverage requirements set out in the
corresponding zone, and is set back a minimum 3 m [9.8 ft] from any rear
or side lot line.
(Explanatory Note: Garden suites are intended to house those who are
generally capable of living independently but who by the virtue of their
age or a disability require the support of others to live on their own.
Garden suites should be limited to housing only elderly or disabled family
members directly related to occupants of the main dwelling. A temporary
use by-law to permit a garden suite shall not exceed ten (10) years from
the day of passing of the by-law. However, council may by by-law grant
further periods of not more than three (3) years each during which the
temporary use is authorized)
4.18
Green Roofs
Any portion of a roof may be a green roof.
4.19
Group Homes and Crisis Care Facilities
Group homes and crisis care facilities shall be permitted in any zone that
permits a residential dwelling as a principle use, provided they are
approved and/or licensed under Provincial statutes and are in compliance
with municipal by-laws.
No group home will be permitted closer than 500 m [1,640.4 ft] in a
straight line distance of another group home or crisis care facility. No
crisis care facility will be permitted closer than 500 m [1,640.4 ft] in a
straight line distance of another crisis care facility or group home.
Town of Prescott Zoning By-law
86
4.20
Height Exceptions
The height limitations set out in this By-law shall not apply to any of the
following:
- Air conditioning system
- Antennae, receiving and transmitting
- Belfry
- Cellular or communication tower
- Chimney
- Church steeple
- Clock tower
- Electrical supply facility
- Elevator shaft
- Flag pole
- Hydro-electric transmission tower
- Lightning rod
- Lightning standard
- Mechanical equipment enclosure
- Ornamental dome or cupola
- Satellites, receiving and transmitting
- Silo
- Skylight
- Solar collector
- Stairway enclosure
- Ventilator
- Water tank or water storage tower
- Windmill
- Wind turbine
4.21
Holding Symbol ("h")
(a)
Any parcel or area of land in any zone may be further classified as
a holding zone with the addition of the prefix "h-".
(b)
Where a holding zone applies, no lands shall be used and no
buildings or structures shall be erected or used for any purpose
other than those uses existing for such land, building or structure
on the date of passing of this By-law.
(c)
The intent of a holding zone is to signify Council's approval in
principal to future development of the land for the purposes
indicated by the zone preceding the symbol.
Town of Prescott Zoning By-law
87
(d)
A further number(s) will be placed after the "h" to signify what
requirement(s) needs to be satisfied prior to development.
(e)
Any change from the holding status shall require an amendment to
this By-law.
4.21.1
Servicing and Staging Holding Zones ("h1")
In order to remove the "h1" holding symbol, Council shall be satisfied that
an appropriate servicing agreement is in place which addresses the
provisions of facilities and services, and that there is sufficient demand for
the land to warrant immediate development.
4.21.2
Environmental Hazard Holding Zone ("h2")
In order to remove the "h2" holding symbol, any application for approval
shall be accompanied by a 'Record of Site Condition Certificate' issued by
the Ministry of the Environment and the municipality. The Ministry and
the municipality shall be satisfied that any remedial measures required to
ensure the complete elimination or safe containment of waste materials or
other contaminants has been undertaken.
4.21.3
Potential Environmental Significant Area ("h3")
In order to remove the "h3" holding symbol, a study to determine the
environmental value of a site shall be prepared and submitted with any
application for proposed development. The study shall also identify any
potentially significant adverse environmental effects of the proposed
development.
4.22
Home Based Businesses
(a)
The following uses shall be considered accessory to any residential
use:
(i)
professional and consulting services (examples: architect,
engineer, financial advisor, accountant, insurance agency,
consultant, legal services, physician, teleworking,
surveyor)
(ii)
instructional services (examples: music lessons, dance, art,
and academic tutoring)
(iii)
home craft businesses (examples: quilting, pottery,
jewellery, visual arts, small scale assembly)
(iv)
private daycare
(v)
distribution sales offices or mail order sales (examples:
cosmetics, clothing or small household supplies)
Town of Prescott Zoning By-law
88
(vi)
offices for contractors and trades (examples: plumbing,
heating, electrician)
(vii)
repair services (examples: small appliances, computers)
(viii) high technology uses (examples: internet services, office
call centre services, desktop publishing, computer
hardware and software development)
(ix)
personal care services shall be limited to providing service
to a single client or patron at a time (examples:
hairdressing/cutting, massage therapist, esthetician)
(x)
catering establishments.
(b)
No more than two (2) home based businesses shall be permitted as
an accessory use to a dwelling.
(c)
Home based businesses shall be permitted provided that:
(i)
the use is clearly secondary to the use of the dwelling unit
as a private residence and shall be located within the
dwelling unit and/or an accessory building;
(ii)
where instruction is carried on, there will be no more than
six (6) pupils at any one time;
(iii)
not more than 35% of the gross floor area of a dwelling
unit, up to a maximum of 69.68 m2 [750 ft2] may be used
for the home based business purposes. Where two (2) home
based businesses exist, the maximum gross floor area used
for the combined businesses shall not exceed 35% up to a
maximum of 69.68 m2 [750 ft2];
(iv)
the home based business shall be operated by the owner or
occupant of the dwelling within which it is located and
shall not employ more than one (1) other employee on-site;
(v)
the use does not create or become a public nuisance in
regard to noise, odour, traffic, parking or health safety;
(vi)
there shall be no outdoor storage or display to indicate to
persons outside that any part of the property is being used
for a use other than residential except for an unlit sign of
not more than 0.5 m2 [5.4 ft.2] in size that is attached to the
dwelling;
(vii)
there is no storage of hazardous materials such as paint or
other flammable or explosive substance;
Town of Prescott Zoning By-law
89
(viii) the business shall not generate excessive traffic and shall
not create a traffic hazard;
(ix)
the business shall be subject to full compliance with the
Town's noise by-law;
(x)
the business shall not receive clients or deliveries between
the hours of 2300 and 0700; and
(xi)
the business shall be legal and must have obtained any
necessary permits or licenses from the municipality and
any other applicable government body having jurisdiction.
(d)
The above noted home based businesses may also be permitted in
buildings accessory to the main dwelling unit provided that not
more than 20% of the floor area of the main dwelling unit is used
for such purposes in addition to the use of the accessory building.
(e)
The uses shall include a studio but does not include or permit a
clinic, any retail or wholesale store or vending outlet, restaurant,
convalescent home, kennel or animal shelter, veterinary
establishment, multiple chair hairdresser or barber, arcade, funeral
parlour, small engine repair, storage yard or plant, or any of the
trades.
4.23
Illumination
Illumination of buildings and grounds shall be permitted provided that:
(a)
Illumination does not cause direct or indirect glare on a street that
may interfere with traffic or pedestrian safety.
(b)
Illumination does not consist of a colour or be so designed or
located that it may be confused with traffic signals.
(c)
Illumination does not cause direct or indirect glare on land or
buildings in any zone in which residential uses are permitted.
4.24
Land Suitability for Use
Despite any other provision of this By-law, no habitable building or
structure shall be constructed, erected, altered or used on land which, by
reason of its rocky, low lying, marshy, unstable character or which is
located or may be located on organic soil unless the proponent or applicant
for development can demonstrate through professionally acceptable
engineering techniques that the physical constraint can be mitigated or
Town of Prescott Zoning By-law
90
overcome and that the requirements of the Ontario Building Code with
respect to construction can be met.
Despite the above, on lands shown as a Potential Environmental
Significant Area on Schedule 'A' to this By-law, no development shall be
permitted except in compliance with an Environmental Impact Statement
(EIS).
4.25
Landscaped Open Space and Planting Strips
Except where otherwise regulated by a valid Site Plan Control agreement,
the following landscaped open space and planting strip requirements shall
apply:
(a)
In any Residential, Commercial, Institutional or Industrial zone,
any portion of any front yard or side yard which is not used for
any other permitted purpose shall be devoted to landscaped open
space and shall not be used for parking.
(b)
Landscaped Open Space and Lot Area Calculations
Any land use for landscaped open space shall be included in the
calculations of lot area, yard requirements, housing density, etc., as
set forth in this By-law.
This provision may be substituted where provision is made for
landscaping in a site plan control agreement.
(c)
Landscaped Open Space Required
Where, in a yard in any zone, a parking area which is required to
provide for more than four (4) off-street parking spaces abuts an
existing residence or a lot in a Residential zone, or where any lot in
an Industrial or Commercial zone abuts an existing residence or a
lot in a Residential zone, the Increased Yard Requirements
provisions of each respective zone for landscaped open space shall
apply. Landscaped materials shall be of sufficient size and type to
effectively provide a visual screen between the particular
properties. A combination of landscaped berms, fencing and a
planting strip may also be used to effectively provide a visual
screen.
(d)
Planting Strip Required
Where a lot is used for a primarily non-residential use in any zone
and:
Town of Prescott Zoning By-law
91
(i)
the front, side and/or rear lot line abuts a residential use or
undeveloped land in a Residential zone, or
(ii)
the front, side and/or rear lot line abuts a portion of a street
the opposite side of which portion of the street abuts a
residential use or a Residential zone,
then a planting strip adjoining such abutting lot line, or portion
thereof, shall be provided on the lot in accordance with the
provisions of this section.
(e)
Planting Strip Requirements
(i)
Height and Material
A planting strip shall consist of at least a continuous
unpierced hedgerow of evergreens or shrubs, not less than 1
m [3.28 ft] in height, immediately adjoining the lot line or
portion thereof along which such planting strip is required
hereunder; the remainder of the strip shall be planted with
shrubs, flower beds, grass or a combination thereof.
(ii)
Width
Where a planting strip is required, it shall have a minimum
width of 3 m [9.84 ft] measured perpendicular from the
planting strip to the lot line it adjoins.
(iii)
In such cases where the established grade of the location at
which the screen is to be planted is less than the established
grade of the edge of the adjacent area, the required height
of the screen shall be increased in an amount equal to the
difference in elevation. In the event that the established
grade of the location at which the screen is to be planted is
greater than that at the edge of the adjacent area, the
minimum height of the screen shall apply.
These provisions may be substituted where provision is made for
landscaping in a site plan control agreement.
(f)
A planting strip may form part of any landscaped open space
required by this by-law.
Town of Prescott Zoning By-law
92
(g)
Interruption of Landscaped Open Space and/or Planting Strip
Where landscaped open space and/or a planting strip are required
as a buffer, such landscaping and/or strip shall be continuous
except for lanes, driveways, aisles, or walkways which provide
access to the lot. It shall be permissible to interrupt the planting
strip within 3 m [9.84 ft] of the edge of such driveway, lane or
aisle, or within 1.5 m [4.92 ft] of the edge of such walkway.
(h)
Site Plan Control
The provisions for a landscaped open space and/or planting strip
as set out in this section shall not be deemed to limit the
municipality's authority to impose other landscaping measures
through the site plan control process.
4.26
Loading Space Requirements
The owner or occupant of any lot, building or structure erected or used for
a commercial or industrial use involving the receiving, shipping, loading
or unloading of people, animals, goods, wares, merchandise, or raw
materials shall provide and maintain on the lot occupied by the building or
structure and not forming part of a street, loading facilities or spaces in
accordance with the following requirements:
(a)
Loading spaces shall have a minimum height clearance of 4.25 m
[13.9 ft] and shall be at least 3.74 m [12.27 ft] wide to a maximum
of 7.5 [24.6 ft] by 7.5 m [24.6 ft] long if situated at right angles to
the building wall or 3.75 m [12.3 ft] by 9 m [29.5 ft] if situated
parallel to the building wall; and,
(b)
Loading spaces shall be located in a building, an open rear yard or
an open side yard, on the same lot on which the use is located.
When located in a side or rear yard not less than 7.5 m [24.6 ft]
shall be provided for the loading space between the building and
the lot line. The loading space(s) shall have unobstructed access
for delivery trucks to and from a street by means of a driveway,
lane, or aisle of a minimum width of 6 m [19.7 ft].
Town of Prescott Zoning By-law
93
(c)
Schedule of Required Loading Spaces
(i)
Commercial Uses
Net Floor Area
Minimum Required Loading
Spaces
0 - 200 m2
0 - 2,152.85 ft2
0
200.1 - 1,000 m2
[2,153.9 - 10,764.26 ft2]
1
over 1,000 m2
[10,764.26 ft2]
1 plus 1 additional space for each
additional 1,000 m2 of net floor area
or part thereof
(ii)
Industrial Uses
Net Floor Area
Minimum Required Loading
Spaces
0 - 400 m2
0 - 4,305.71 ft2
0
400.1 - 2,000 m2
[4,306.8 - 21,528.5 ft2]
1
over 2,000 m2
[21,528.5 ft2]
1 plus 1 additional space for each
additional 2,000 m2 of net floor area
or part thereof
(d)
The loading space requirements referred to herein shall not apply
to any building 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.
For any addition made to a building or structure which increases its
floor area, additional loading space(s) will be provided when the
net floor area of the addition becomes subject to the requirements
of Section 4.26(c).
4.27
Minimum Distance Separation, Influence Areas and Special
Setbacks
No person shall use any land, building or structure for a sensitive land use
(e.g. residential use, daycare, educational or health facility) or for a use
that would impact the sensitive land use as identified unless it complies
Town of Prescott Zoning By-law
94
with the following minimum separation distances. Separation distances
shall be measures as set out for the respective requirement.
For setbacks from waterbodies and Highway 401, see Section 4.13 and
4.27 of this By-law.
(a)
Industrial Uses
(i)
Class I Industrial: The minimum separation distance
between a sensitive land use and a Class I Industrial use
shall be 20 m [65.6 ft]. The minimum separation distance
shall be measured as the shortest horizontal distance from
property line to property line.
(ii)
Class II Industrial: The minimum separation distance
from a sensitive land use and a Class II Industrial use shall
be 70 m [230 ft]. The minimum separation distance shall
be measured as the shortest horizontal distance from
property line to property line.
(iii)
Class III Industrial: The minimum separation distance
from a sensitive land use and a Class III Industrial use shall
be 300 m [984 ft]. The minimum separation distance shall
be measured as the shortest horizontal distance from
property line to property line.
(b)
Rail Line
The setback shall be as determined by a noise and/or vibration
study, if such is required by Council, and shall be generally
measured from the point source of the emission to the property line
of the receptor land use and shall specify the noise control
measures necessary, if any, to achieve the Ministry of the
Environment's noise criteria.
(c)
Water Bodies
The minimum setback for a building or structure required in all
zones shall be 15 m [49.2 ft] from the high water mark of any
water body except as otherwise permitted under Section 4.13.
(d)
Provincial Highway
The minimum setback for any building or structure shall be 45 m
[147.6 ft] from the Highway 401 right-of-way, unless otherwise
approved by the Ministry of Transportation pursuant to the Public
Town of Prescott Zoning By-law
95
Transportation and Highway Improvement Act and a permit is
obtained, or is otherwise determined by a noise and/or vibration
study, if such is required by Council, and shall be generally
measured from the point source of the emission to the property line
of the receptor land use.
4.28
Municipal Services
Unless otherwise stated in this By-law, no person shall hereafter erect,
alter, enlarge or use in whole or in part any building for any purpose in
any zone on lands south of Highway 401 unless it is connected to the
municipal water supply and municipal sanitary sewer system. The
Building Code Act shall determine whether buildings used for any purpose
in any zone on lands north of Highway 401 requires water and/or sewage
services.
4.29
Non-Conforming Uses, Buildings, Structures and Lots
(a)
Continuation of Existing Uses
Nothing in this By-law shall prevent the use of any land, building
or structure for any purpose prohibited by the By-law if such land,
building or structure was lawfully used for such purpose on the day
of passing of the By-law, and continues to be so used
(b)
Repair of Existing Buildings
If a non-conforming buildings should be damaged by causes
beyond the owner's control (i.e. flood, fire), nothing in this By-law
shall prevent such a building from being restored and strengthened
to a safe condition, provided that the damage is estimated to be less
than 50% of the structure, and reconstruction or restoration is
started within twelve (12) months and completed within twenty-
four (24) months of the date on which the damage took place.
(c)
Less than Required Floor Area
Nothing in this By-law shall prevent an extension or addition being
made to a permitted dwelling that existed at the time of passing of
this By-law but which has a floor area or dwelling unit area of less
than that required by this By-law, provided such extension or
addition does not contravene any other provisions of this By-law or
the required room sizes listed in the Building Code.
Town of Prescott Zoning By-law
96
(d)
Less than Minimum Yard Requirements
Where a building has been erected prior to the date of passing of
this by-law, on a lot having less than the minimum front, side or
rear yard required by this By-law, the building may be enlarged,
reconstructed, repaired or renovated provided that:
(i)
the enlargement, reconstruction, repair or renovation does
not further reduce any minimum front, side or rear yard
required by this by-law; and,
(ii)
All other applicable provisions of this By-law are complied
with.
(e)
Prior Building Permits
Nothing in this By-law shall prohibit the erection of a non-
conforming building or structure for which a building permit has
been issued prior to the date of passing of this By-law, provided
that the erection of such building or structure is commenced within
the life of the building permit, and the building permit has not been
revoked under the Building Code Act.
(f)
Existing Undersized Lots
Where a lot having less than the minimum lot frontage or lot area
required by this By-law, exists on the date of passing of the By-
law, such lot may be used for a purpose permitted in the zone in
which it is located provided that all other applicable provisions of
this By-law are met.
(g)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building
or structure or the erection of any building or structure on a lot
which does not comply to the minimum lot frontage and/or lot
area and/or front yard setback and in the case of a corner lot, the
side yard setback, as a result of a road widening taken by the Town
of Prescott or the Ministry of Transportation, provided all other
requirements of this By-law are complied with.
(h)
Accessory Buildings
Nothing in this By-law shall prevent the erection of a building
accessory to an existing non-conforming use provided that such
Town of Prescott Zoning By-law
97
accessory building complies with all other applicable provisions of
this By-law.
(i)
Changes in Non-conforming Uses
The use of a lot, building or structure, which under the provisions
of this By-law is not permissible within the zone in which such lot
building or structure is located, shall not be changed except to a
use permitted by the By-law for such zone, or to a use authorized
by the Committee of Adjustment pursuant to its powers under the
Planning Act.
4.30
Obnoxious Uses
No use shall be permitted which from its nature or the materials used
therein, is declared to be a noxious trade, business, or manufacture by the
Public Health Act or any regulations made thereunder.
4.31
Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings,
structures or parts thereof unless the building, structure or parts thereof
meet all the requirements of the Fire Code, the Ontario Building Code and
any other applicable regulations, policies or acts:
(a)
any private garage or other building which is accessory to a
residential use;
(b)
any truck, bus, recreational vehicle, coach or streetcar body
whether or not the same is mounted on wheels;
(c)
any cellar, as defined in this By-law; and,
(d)
any dwelling before the main wall and roof have been erected,
application of exterior siding and roofing has been completed, and
the kitchen, heating and sanitary conveniences have been installed.
4.32
Open Storage
(a)
Open storage shall be permitted in any Industrial zone in
accordance with the following:
(i)
the open storage is accessory to the principle use of the lot;
(ii)
open storage, as defined in this By-law, shall not be
permitted within any front yard and any minimum side or
Town of Prescott Zoning By-law
98
rear yard where such yard abuts a Residential, Open
Space, or Public Park zone;
(iii)
any area of open storage shall be enclosed by a fence, or
shall be surrounded by a planting strip in accordance with
Section 4.25 of this By-law where applicable; and
(iv)
any areas used for open storage shall be in addition to any
minimum off-street parking or off-street loading areas
required by this By-law.
(b)
Open storage shall be permitted in the General Commercial (C1)
Zone and the Highway Commercial (H2) Zone only for
commercial vehicles in operating condition which are essential to
the permitted use.
4.33
Outdoor Patios
(1)
Ground Level Outdoor Patios
Despite any other provisions of this By-Law, the following shall
apply to an outdoor patio associated with a permitted restaurant or
tavern:
(a)
Capacity
No outdoor patio shall accommodate more than 50 percent
(50%) of the licensed capacity of the restaurant or tavern
with which the patio is associated, or 50 persons,
whichever is the greater.
(b)
Location
No part of an outdoor patio licensed under the Liquor
License Act shall be located less than 10 m [32.8 ft] from
lands which are used for a residential use (not in
combination with another zone) or are in an R1, R2 or R3
zone.
(c)
Lighting
Any outdoor lighting shall be directed toward or onto the
outdoor patio area and away from adjoining properties and
streets.
Town of Prescott Zoning By-law
99
(d)
Loading
(i)
No loading space shall be required for an outdoor
patio portion of a restaurant.
(ii)
An outdoor patio shall not encroach on or eliminate
any required loading space.
(e)
Parking
(i)
Except as otherwise provided for in this by-law,
parking spaces shall be required for the gross floor
area associated with the outdoor patio at a ratio of
80% as for restaurants or taverns, whichever the
case may be and shall be in addition to the parking
requirements for the indoor area of the restaurant
or tavern.
(ii)
An outdoor patio shall not encroach or eliminate
any required parking space, driveway or aisle.
(f)
Setbacks
(i)
No front yard or exterior side yard setback shall be
required for a permitted outdoor patio in the Core
Commercial (CC) Zone and the Waterfront Mixed
Use Development (CW) Zone.
(ii) A permitted outdoor patio may encroach upon a
required front yard setback in all other zones but
shall have a minimum front yard setback of 1 m [3.28
ft].
(g)
Screening
(i)
Where an enclosure is provided for a permitted
outdoor patio at ground level, it shall have an
enclosure with a minimum height of 106.7 cm [42 in]
and a maximum height of 1.5 m [4.92 ft].
(ii) Despite paragraph (a), where an outdoor patio
permitted in a yard directly abuts a rear lot line of
any lot, an enclosure shall be required along that lot
line with a minimum height of 1.75 m [5.74 ft] and a
maximum height of 2 m [6.56 ft].
Town of Prescott Zoning By-law
100
(iii) Despite paragraph (a), the maximum height of an
enclosure may be increased to 2 m [6.56 ft] where the
enclosure above the bottom 1 m [3.28 ft] is
constructed of a solid transparent material (e.g. glass).
(iv) No enclosure surrounding a ground level outdoor
patio shall not be constructed so as to obstruct the
vision within any sight triangle.
(v)
Paragraphs (i), (ii) and (iii) do not apply to outdoor
patios with an area totalling less than 2 m2 [21.5 ft2].
(vi)
Despite paragraphs (i) through (iv), where an
outdoor patio is located in a yard facing or abutting
lands which are used for a residential use (not in
combination with another zone) or are in an R1, R2
or R3 zone, an enclosure constructed of opaque
materials with a minimum height of 2 m [6.56 ft]
and a maximum height of 2.25 m [7.4 ft] shall be
required around the outdoor patio so as to screen
the patio from sight and to mitigate any noise from
the use of the outdoor patio.
(h)
Hours of Operation
An outdoor patio shall not be permitted to be used as part
of a licensed restaurant or tavern between the hours of
2300 and 0800.
(2)
Rooftop Outdoor Patios
An outdoor patio shall be permitted on a roof of that part of a
building which overlooks or faces the St. Lawrence River on a lot in
the Waterfront Mixed Use Development (CW) Zone subject to the
following provisions:
(a)
The outdoor patio shall not be located on the roof of a building
with less than two storeys.
(b) Not more than one outdoor patio shall be permitted on the
roofs of any one building.
(i)
Despite paragraph (b), outdoor patios may exist on both
the ground level and on one rooftop of the same building.
Town of Prescott Zoning By-law
101
(c)
The outdoor patio shall be screened by an enclosure from view
from any public street directly adjacent to the lot in which the
given outdoor patio is found.
(i)
In addition to any requirements of the Building Code, the
required enclosure around the outdoor patio shall be a
minimum of 106.7 cm [42 in] in height, shall not exceed
2 m [6.56 ft] in height, and shall be setback a minimum
of 1 m [3.28 ft] from any edge of the roof of the building
that is adjacent to a public street.
(ii) The portion of a required enclosure for a rooftop outdoor
patio above 1.5 m [4.92 ft] in height may be constructed
of a solid transparent material (e.g. glass).
(iii) Where the outdoor patio is located on a roof of a
building with multiple roofs and another storey on the
same building having a minimum height of 2 m [6.56 ft]
above the elevation of the roof on which the outdoor
patio is located is situated between the given outdoor
patio and a public street directly adjacent to the lot in
which the given outdoor patio is found, the enclosure
required in paragraph (c) or (c)(i) shall not be required.
(iv) An enclosure for a rooftop outdoor patio shall not exceed
the maximum building height in the Waterfront Mixed
Use Development (CW) Zone. For the purposes of this
section, the maximum building height shall be deemed to
include the height of the enclosure above the surface of
the roof.
(v)
Any rooftop outdoor patio shall comply with the
requirements of the Building Code.
(d) Paragraphs (a), (b), (c), (d), (e) and (h) of section 4.33.1 shall
apply to rooftop outdoor patios
(3)
Outdoor Patios Not Associated with a Restaurant or Tavern
Despite any other provisions of this By-Law, the following shall
apply to an outdoor patio not associated with a permitted restaurant
or tavern in the Core Commercial (CC) Zone and Waterfront Mixed
Use Development (CW) Zone:
(a)
Outdoor patios shall be permitted on any roof of a building or
a part thereof.
Town of Prescott Zoning By-law
102
(b) Outdoor patios located at ground level shall be located in any
yard except a front yard.
(c)
Outdoor patios shall be permitted at ground level and shall be
subject to the requirements of paragraphs (c) and (g) of Section
4.33.1.
(d) A permitted rooftop outdoor patio under this section shall be
subject to paragraphs (a), (c), (d), (e) and (h) of section 4.33.1
and section 4.33.2(c).
(e) Screening
(i)
A permitted ground level outdoor patio shall be enclosed
by an enclosure with a minimum height of 106.7 cm [42
in] and a maximum height of 1.5 m [4.92 ft].
(ii) Where an outdoor patio permitted in a yard directly abuts
a rear lot line of any lot, an enclosure shall be required
along that lot line with a minimum height of 1.75 m [5.74
ft] and a maximum height of 2 m [6.56 ft].
(iii) Despite paragraph (i), the maximum height of an
enclosure may be increased to 2 m [6.56 ft] where the
enclosure above the bottom 1 m [3.28 ft] is constructed of
a solid transparent material (e.g. glass).
(iv) No enclosure surrounding a ground level outdoor patio
shall be constructed so as to obstruct the vision within
any sight triangle.
(v) Paragraphs (i), (ii) and (iii) do not apply to outdoor patios
with an area totalling less than 2 m2 [21.5 ft2].
4.34
Parking Requirements
(a)
Parking Space Requirements
The owner or occupant of any building or structure erected,
enlarged or where the use is changed after the passing of this By-
law shall provide off-street parking in accordance with the
following provisions:
Schedule for Parking Requirements:
Town of Prescott Zoning By-law
103
Use
Minimum Number of Parking Spaces
Required
Residential Uses:
Single Detached Dwelling
Semi-detached Dwelling
Duplex Dwelling
Row Dwelling with Parking in front of unit
Stacked Townhouse with Parking in front of unit
2 spaces per dwelling unit, may include 1 space
in a garage or car port, and 1 space in front of the
garage or car port
Row Dwelling with communal parking
Apartment Dwelling
Maisonette Dwelling
Stacked Townhouse with communal parking
1.25 parking spaces per dwelling unit, 15% of
which shall be reserved for visitors
Accessory Apartment Building
1 space per dwelling unit
Bed and Breakfast
1 space for each guest room in addition to the
required residential spaces
Home Based Business
1 space plus 1 space per non-domiciled
employee in addition to required residential
spaces
Boarding Houses
1 parking space for ever 2 persons which can be
accommodated therein
Seniors Citizen's Dwelling, Continuum-of-Care
Facility
0.5 spaces per dwelling unit
Group Home
1 space for every 3 residents plus 1 space for
staff or the receiving family
Other Uses:
Athletic or Recreational Establishment (other than
listed herein)
The greater of 1 space per 14 m2 [150.7 ft2] of
Gross Floor Area, or 1 space per 4 persons
designed capacity of the establishment
Automobile service station
Auto body shop
Automobile repair garage
Gas Bar
3 spaces per service bay plus 1 space per
employee
Automobile sales establishment
1 space for every 20 m2 [215.3 ft2] Gross Floor
Area plus 1 space per employee
Bowling Alley, Curling Rink
2 spaces per bowling lane or curling sheet plus 1
space per 6 seats design capacity of the area for
accessory uses
Building Supply Store
1 space for every 20 m2 [215.3 ft2] Gross Floor
Town of Prescott Zoning By-law
104
Lumber Yard
Area bulk storage
Car Wash - self service
3 waiting spaces per wash bay excluding the
wash bay
Car Wash - mechanical service
5 waiting spaces per wash bay
Cinema/Theatre
1 space per four persons accommodated
according to the maximum permitted capacity
Funeral Home
1 space per 18 m2 [193.8 ft2] Gross Floor Area
with a minimum of 8 spaces
Garden Supply Centre, Nursery
1 space for every 20 m2 [215.3 ft2] retail floor
area
Hospitals
1 space per 2 beds or fraction thereof, or each 37
m2 [398.3 ft2] of floor area, whichever is greater
Hotel, Motel
1 space per guest room or suite, plus the required
spaces for any adjoining public or restaurant use
Industrial Uses
1 space for every 70 m2 [753.5 ft2] of floor area
up to 200 m2 [2,152.9 ft2], plus 1 additional
space for every 200 m2 [2,159.9 ft2] of floor area
thereafter
Industrial Mall
1 space per 40 m2 [430.6 ft2] Gross Floor Area of
industrial space
Marina
1 space for every seasonal boat slip, plus 1 space
for every 4 transient boat slip
Medical/Dental Clinic
4 spaces per practitioner or 1 space per 15 m2
[161.5 ft2], whichever is greater
Nursing Home
1 space per 3 beds or per 40 m2 [430.6 ft2],
whichever is greater
Offices, Public Buildings
1 space per 20 m2 [215.3 ft2] of Gross Floor
Area, minimum 2 spaces
Place of Assembly
Place of Worship
Arenas
Halls
1 space per 4 persons accommodated according
to the maximum permitted capacity or 1 space
per 10 m2 [107.64 ft2] where there are no fixed
seats
Restaurant, Tavern, Drive-in Restaurant
1 space per 4 persons accommodated according
to the maximum permitted capacity, or per 10 m2
[107.64 ft2], whichever is greater
Take-Out Restaurant
1 space per 10 m2 [107.64 ft2]
Retail Stores, service outlets, grocery stores,
video rental outlets, banks
1 space per 20 m2 [215.3 ft2] of Gross Floor
Area, minimum 5 spaces
Town of Prescott Zoning By-law
105
School, elementary
1.5 spaces per classroom
School, adult secondary, college
1 per 100 m2 [1,076 ft2] plus 1 per 15 students
School, private
3 per classroom
School, secondary
4 spaces per classroom
School, university
1 per 100 m2 [1,076 ft2] plus 1 per 15 students
Shopping Centre, Shopping Plaza
1 space per 20 m2 [215.3 ft2] of Gross Leasable
Floor Area
Taxi Stand
1 space per taxi cab
All other uses not listed above
1 space per 25 m2 [269.1 ft2] of Gross Floor Area
(b)
Size of Parking Space
All standard parking spaces, unless specified elsewhere in this By-
law, shall be a minimum of 2.7 m [8.9 ft] in width by 6 m [19.7 ft]
in length. Each barrier-free parking space shall be a minimum of
3.7 m [12.1 m] in width by 6 m [19.7 ft] in length.
(c)
Surface of Parking Areas
All parking areas shall be constructed with a surface which is able
to be used year-round.
(d)
Cumulative Standards
Unless permitted elsewhere in this By-law, where two (2) or more
uses are permitted in any one (1) building or in any one (1) lot,
then the off-street parking requirements for each use shall be
calculated as if each use is a separate use, and the total number of
off-street parking spaces so calculated shall be provided.
(e)
Addition to Building/Change in Use
The parking space requirements shall not apply to any building in
existence at the date of passing of this By-law so long as the gross
floor area, as it existed at such date, is not increased and no
change in use occurs. If an addition is made to the building or
structure which increases the gross floor area, or a change in use
occurs, then parking space for the addition or area change in use
shall be provided. This paragraph shall not apply to non-residential
uses in the Core Commercial (CC) Zone where the lot on which
the use is located has frontage on the north side of King Street
between St. Lawrence Street and East Street or on the south side of
King Street between West Street and East Street.
Town of Prescott Zoning By-law
106
(f)
There shall be no minimum number of parking spaces required for
non-residential uses in the Core Commercial (CC) Zone where the
lot on which the use is located has frontage on the north side of
King Street between St. Lawrence Street and East Street or on the
south side of King Street between West Street and East Street.
(g)
Location of Parking Spaces
(i)
Required parking in a Residential zone shall be provided on
the same lot as the dwelling unit being served. In all other
zones, required parking shall be provided within 150 m
[492.1 ft] of the building it is intended to serve, and any
parking area required for a use other than a residential use
shall not be permitted in a Residential zone.
(ii)
Where required parking is not provided on the same lot, the
lot or part of the lot where the parking is located shall be in
the same ownership or be leased by a long term renewable
agreement and the parking spaces shall be retained for the
duration of the use.
(iii)
Except where parking spaces having access to a street are
provided for the exclusive use of a single detached, semi-
detached or row housing dwelling, every parking space
shall be provided with unobstructed access to a street by a
driveway, aisle or lane.
(iv)
Where parking spaces are provided for the exclusive use of
a triplex, duplex, single detached or semi-detached
dwelling, the driveway and parking spaces shall not cover
more than 50% of the front yard or exterior side yard area.
(v)
Commercial vehicles shall not be parked within any
Residential zone except for the purpose of delivery goods,
wares and merchandise when delivery is carried on in the
ordinary course of business except one (1) commercial
vehicle having a gross vehicle weight not greater than
3,000 kg [6,613.8 lb] may be allowed per dwelling unit.
(vi)
No commercial vehicles, commercial trailers, recreational
vehicles, self propelled campers or trailers used for
transporting the above shall be parked in a minimum front
yard, unless there is insufficient space in the minimum side
yard or there is no side yard.
Town of Prescott Zoning By-law
107
(vii)
Corner lots upon King Street shall have at least one access
driveway from the intersecting street, provided that an
existing building altered or used for any purpose for which
a parking lot is required need not provide such driveway if
access from the minor street is impossible without
structural alterations to the building.
(viii) Access to parking from a street in any Residential zone
shall be by means of an egress, laneway, entrance or access
driveway with a maximum width of 7.5 m [24.6 ft].
(g)
Landscaped Open Space
Where required parking space in a non-residential zone lie adjacent
to a Residential zone or lie south of King Street, a continuous 3 m
[9.84 ft] wide planting strip shall be required to improve the
aesthetics of the parking area.
(h)
Parking Areas for More than Four Vehicles
(i)
Where the parking area abuts a street or a lot line, a
continuous 3 m [9.84 ft] strip of landscaped open space
shall be provided between the parking area and the adjacent
lot or street except for entrance and exit laneways.
(ii)
Ingress and egress directly to and from every parking
space, shall be by means of a driveway, lane or aisle having
a width of at least 6.5 m [21.3 ft] for two-way traffic and
3.5 m [11.5 ft] for one-way traffic where parking is angled.
(iii)
Where the parking area abuts a street or a lot line, a
continuous 3 m [9.84 ft] strip of landscaped open space
shall be provided between the parking area and the adjacent
lot or street except for entrance and exit laneways.
(iv)
Width of aisles shall not be less than:
For parallel parking... ..............................3 m [9.84 ft]
For diagonal parking.. ..............................5 m [16.4 ft]
For 90-degree parking ...........................6.5 m [21.3 ft]
Town of Prescott Zoning By-law
108
(v)
Barrier-Free Parking Spaces
Schedule for barrier-free parking spaces:
No. of standard
parking spaces
No. of Barrier-free parking spaces
required:
≤ 25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
Over 500
9 + 1% of total
4.35
Pits and Quarries
The establishment of pits and quarries within the municipality is
prohibited unless a wayside pit or quarry, as defined herein, is approved
under the Aggregate Resources Act.
4.36
Prohibited Uses
Except as specifically permitted in this By-law, the following uses are
prohibited:
(a)
Except as otherwise specifically permitted in this By-law, no land
shall be used and no building or structure shall be erected, altered
or used for any purpose which is obnoxious or which creates or is
likely to become a nuisance or offensive, or both, to an adjacent
property holder or to the general public.
(b)
A dwelling unit in a basement having a height of 2 m [6.6 ft] or
less.
(c)
Any use of land, building or structure which is excessively
fortified (e.g. biker's bunker) including but not limited to mobile
homes, mobile buildings, mobile structures, accessory or out-
buildings, fences, physical barriers and other structures designed
for defence or to obstruct normal access, and as otherwise set out
in By-law 05-2005, being a by-law to regulate the fortification of
land and protective elements within the Town of Prescott.
Town of Prescott Zoning By-law
109
This section shall apply in conjunction with Section 4.30 of this By-law.
4.37
Public Service Uses
Any land may be used and any building or structure may be erected or
used for the purpose of a public service by a Public Authority in any zone
provided that:
(a)
The lot coverage and yard requirements prescribed for the zone in
which such land, building or structure is located are complied with;
(b)
No goods, materials or equipment is stored in the open in a
Residential zone;
(c)
Any building erected in a Residential zone under the authority of
this paragraph shall be designed and maintained in general
harmony with the residential buildings of the type permitted in the
zone;
(d)
Parking and loading requirements as contained in this By-law shall
be complied with; and,
(f)
Despite the provisions of this section, a communications facility
installed by a public authority or private industry shall be permitted
in a non-residential zone (CC, C1, C2, CW, M1, M2) provided the
following criteria are met:
i.
That the perimeter of the property or an area around the
base of the tower is completely fenced so as to prevent
unauthorized access,
ii.
That the construction and installation of the tower complies
with all federal and provincial regulations including the
Building Code Act,
iii.
That the minimum setback of the base of the tower is 10 m
[32.8 ft] from any property line, and
iv.
That the minimum setback for any accessory building shall
meet the standards of the zone in which the
communications facility is located in.
4.38
Railway Crossings and Sight Distance
Where any street crosses a railway at the same grade, no building or
structure shall hereafter be erected closer to the point of intersection of the
centre line of the railway and the street than 3 m [9.84 ft] where automatic
signal protection is provided and 50 m [164 ft] where no automatic signal
protection is provided.
Town of Prescott Zoning By-law
110
4.39
Side Yard Requirements
Where a lot on which an existing semi-detached dwelling or row or
townhouse dwelling is situated is severed along the common wall of the
building, the side yard requirement for the shared lot line shall be 0 m [0
ft].
4.40
Sight Triangles on Corner Lots
On a corner lot, no obstruction higher than 0.75 m [2.5 ft] (except a chain
link fence for a school or park) shall be permitted on that part of a lot at
the street corner composed of a triangle having sides of 5 m [16.4 ft] along
each street measured from the finished grade of the street corner formed
by the lot lines, or by the straight line projection of lot lines when lot lines
are connected by a curved line.
4.41
Signs
Signs shall be regulated by the Sign By-law of the Town of Prescott,
known as By-law 2-85, a By-law to prohibit and regulate signs and other
advertising devices except otherwise governed by this By-law.
4.42
Solar Collectors
(a)
Solar collectors shall be permitted in any zone of this by-law.
(b)
A solar collector erected on a post(s) is permitted in any yard
subject to the following minimum yard requirements:
(i)
solar collectors shall be setback from all side and rear lot
lines of the given lot a distance equal to the height of the
solar collector plus 0.5 m [1.64 ft].
(ii)
solar collectors shall be setback from the front lot line of
the given lot a distance equal to the height of the solar
collector plus 1 m [3.28 ft].
(iii)
solar collectors shall be separated from all buildings and
structures, not including other solar collectors, a distance
equal to the height of the solar collector plus 0.5 m [1.64
ft].
(iv)
solar collectors shall not exceed a height of 2 m [6.56 ft].
(v)
no more than 3 solar collectors may be erected on one lot
1.
paragraph (iv) shall not include solar collectors
attached to buildings.
(c)
Solar collectors not erected on a post(s) shall only be permitted on
the roof of a building subject to the following provisions:
Town of Prescott Zoning By-law
111
(i)
in the case of a roof that is not flat, all solar collectors
attached to the roof shall be attached directly to the roof
and shall not be attached by a post(s)
(ii)
in the case of a roof that is not flat, all solar collectors
attached to a given face of the roof shall cover less than
50% of that portion of the roof.
(iii)
in the case of a roof that is not flat, solar collectors may
only be attached to one face of a rooftop of a building.
(iv)
in the case of a roof that is flat, solar collectors shall not
exceed a height of 0.75 m [2.46 ft]
(v)
the height of solar collectors shall not be included in the
calculation of the building height
(d)
any inverters located on a lot shall be located in a side yard or rear
yard and shall be separated from all lot lines by a minimum
distance of 1 m [3.28 ft]. Inverters may be subject to a Certificate
of Approval for noise by the Ministry of Environment under the
Environmental Protection Act or any noise by-laws passed by the
Town of Prescott.
4.43
Special Exception Zones
Where a zone symbol is followed by a dash (-) and a number, this denotes
a special exception zone. Land so designated shall be subject to all the
provisions of the zone represented by the symbol except as otherwise
stated by the provisions of the special zone. The special exception zone
shall mean that a specific exception is being made to one or more of the
standards of that zone for a specific area governed by the By-law. The
special provisions are listed under the appropriate zone in the text of this
By-law. All other provisions of the By-law shall continue to apply.
4.44
Streets and Paths
In any zone established by this By-law, streets, walkways and bike paths
are permitted.
4.45
Temporary Uses Permitted
(a)
Nothing in this By-law shall prevent the use of land or the use or
erection of a temporary building or structure or a scaffold or other
equipment essential to the construction in progress for which a
building permit has been granted, but only until such time as the
work has been finished or abandoned or at such time as in the
opinion of the Corporation that such equipment is no longer
required.
Town of Prescott Zoning By-law
112
(b)
In addition, temporary accommodation for a business or other use
which is intended to occupy a building which is under construction
with the work in progress on such building, may be temporarily
permitted on the same lot in the form of a mobile, relocatable,
portable or transportable building provided:
(i)
approval is obtained pursuant to the matters contained
herein;
(ii)
such temporary accommodation is removed from the lot
immediately upon completion of construction,
abandonment of construction or at such time as in the
opinion of the Corporation it is no longer required.
(c)
A model home may be constructed and used as a temporary use for
advertising but not permanent occupancy in association with a
draft approved plan of subdivision and shall comply with the
applicable setbacks in the zone in which it is located.
4.46
Wind Turbines
Despite any other section of this by-law to the contrary, the following
provisions shall apply to the erection and placement of small wind
turbines and vertical axis wind turbines:
(a)
Small wind turbines and vertical axis wind turbines located in the
following zones shall not exceed a height of 3.66 m [12 ft]: R1,
R2, R3, CW, C1 I, OS and P
(b)
Despite paragraph (a), the height of any small wind turbine or
vertical axis wind turbine in the zones described in paragraph (a)
shall not exceed the height of the main building on the same lot
(c)
Despite paragraph (a), a small wind turbine or vertical axis wind
turbine may have a maximum height of 24 m [78.7 ft] where the
wind turbine is erected on lands in the Institutional (I) Zone and
where the lot has a minimum lot size of 1 ha [2.47 ac].
(d)
Small wind turbines and vertical axis wind turbines shall not be
permitted in any front yard.
(e)
Small wind turbines and vertical axis wind turbines located in the
following zones shall not exceed a height of 24 m [78.7 ft]: C2,
M1, M2, D.
(f)
Small wind turbines shall not be permitted in the CC zone.
Town of Prescott Zoning By-law
113
(g)
The closest part of the base of a small wind turbine shall be
separated from all lot lines and any part of a building, structure or
tree by a distance equal to the height of the given small wind
turbine plus the length of one blade.
(h)
The closest part of the base of a small wind turbine permitted on
lands in the C2, M1, M2 and D zones shall be separated from any
R1, R2, R3, C1, P, I, CW or OS zone a distance equal to the height
of the small wind turbine plus the length of one blade.
(i)
The closest part of the base of a small wind turbine or a vertical
axis wind turbine shall be separated from the right-of-way of the
CN Railway and the right-of-way of Highway 401 a distance equal
to twice the height of the given small wind turbine or vertical axis
wind turbine.
(j)
Guy wire anchors may not extend closer than 3 m [9.84 ft] to any
lot line.
(k)
All wind turbines are subject to all necessary approvals under the
Environmental Protection Act, if applicable.
4.47
Yard Encroachments
Every part of any minimum yard shall be open and unobstructed from the
ground to the sky and shall not be obstructed by any structure other than
an accessory building or structure permitted elsewhere in this By-law,
provided however, that those structures listed below, shall be permitted to
project into the minimum required yards indicated for the distances
specified:
(a)
belt courses, sills, cornices, eaves, gutters, chimneys, bay windows
palisters or other ornamental structures may project into any
minimum required yard not more than 0.5 m [1.64 ft];
(b)
open and roofed porches, decks and balconies may project into any
minimum required front yard or rear yard not more than 1.5 m
[4.92 ft ];
(c)
exterior stairs and landings may project into any one minimum
required side yard not more than 1 m [3.28 ft], and may project
into any minimum required rear yard 1.5 m [4.92 ft]; and,
Town of Prescott Zoning By-law
114
(d)
uncovered patios, awnings, garden trellises, flag poles, planting
materials, fences, retaining walls and similar uses may project into
any minimum yard.
Maximum Projection Permitted Into
Structure
Required Yard
Chimney breasts, cornices, sills, air
conditioners, bay windows, pilasters, eaves or
gutters, chimneys, solar collectors, heat pumps,
ventilators, shutters, cornices, parapets, pilasters
or other ornamental structures,
0.6 m [1.96 ft.] into any yard
Balconies, canopies or unenclosed porches of
an apartment dwelling
1.8 m [5.9 ft.] into any required front,
exterior side or rear yard
Balconies, canopies or unenclosed porches for
any other residential buildings
1.8 m [5.9 ft.] into any required front,
rear or exterior side yard
Canopies or porticos for entrances to apartment
buildings and commercial buildings
A canopy or portico over a major
entrance to an apartment building or
commercial building may project into
the required yard a distance equal to
one-half (½) the setback of the building
from the street line
Bay windows, window awnings
0.9 m [2.95 ft.] into any required front,
rear or exterior side yard over a
maximum width of 3 m [9.84 ft.]
Steps, ramps for use by persons with disabilities
and walkways
No maximum into any required yard
Fire Escapes, exterior stair cases
1.5 m [4.92 ft.] into a required side or
rear yard only
Hedges, shrubs, trees, freestanding walls,
flagpoles, light standards, garden trellises,
clothes lines and similar structures or features
Unlimited in any yard provided that
there is no visual obstruction in any
required sight triangle or sight distances
associated with an exit or entrance to a
lot or as set out in a Town By-law
Fences
As set out in the Town's Fence By-law
(By-law 07-2000)
Town of Prescott Zoning By-law
115
Deck
1.8 m [5.9 ft.] into any required front or
exterior side yard or 1.2 m [3.93] into a
required rear yard
Attached Solarium
2 m [6.56 ft.] into any required front,
exterior side yard or rear yard
Accessory building or structure
As permitted by and as specified in this
By-law
Fuel pump island and/or canopy for an
automotive service station or gas bar
As permitted by and as specified in
Section 4.3 of this By-law
4.48
Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the
lot shall be used in accordance with the provisions of this By-law for the
zone where such portion of the lot is located. Each such portion of the lot
shall be considered as a separate lot for the purpose of determining zone
provisions.
Town of Prescott Zoning By-law
116
Section 5 ZONES
5.1
Zone Classification
For the purposes of this By-law, the Town of Prescott is divided into the
following zones as named and described in the following sections, the boundaries
of which are shown on the Zoning Schedules which are attached and form part of
this By-law.
5.2
Zones
Zone Symbol
Residential
Low Density.................................................................................................R1
Medium Density...........................................................................................R2
High Density................................................................................................R3
Commercial
Core............................................................................................................. CC
General.........................................................................................................C1
Highway.......................................................................................................C2
Waterfront Mixed Use Development.........................................................CW
Industrial
General........................................................................................................M1
Light............................................................................................................M2
Institutional
Institutional ..................................................................................................... I
Open Space and Public Parks
Open Space ................................................................................................. OS
Public Parks ................................................................................................... P
Development
Development..................................................................................................D
Town of Prescott Zoning By-law
117
5.3
Interpretation of Zone Boundaries
Where the boundary of any zone is uncertain and:
(a)
the boundary is shown on the Schedule as following a street, electric
transmission line or railway, or watercourse, the centreline of the street,
electric transmission line right-of-way, railway or watercourse is the
boundary.
(b)
the boundary is shown on the Schedule, as substantially following lot lines
shown on a registered plan of subdivision or the boundaries of a parcel
registered in the Registry Office for the County of Leeds on the date of the
passing of this By-law, such lot lines are the boundary.
(c)
the boundary is indicated as approximately parallel to a street line or other
feature, indicated in clause (a), (b), or (c) above, and the distance from
such street line or other feature is not indicated, such boundary shall be
construed as being parallel to such street line or other feature, and the
distance therefrom shall be determined according to the scale shown on
the appropriate Schedule.
(d)
the boundary is shown on the Schedule as following a street and the street
is closed, the land in the said closed street shall be included in the zone of
the adjoining land and if such street formed a boundary between two or
more different zones, the centreline of the closed street shall be the
boundary.
(e)
the boundary is shown on the Schedule as following the shoreline of the
St. Lawrence River, such boundary shall be deemed to include within the
same, at all times, all land to the water's edge, and all land covered with
water where any jetty, boathouse, pier or other building or structure is or is
proposed to be erected.
(f)
the boundary is shown as the limits of the Town of Prescott, the
municipality's border should be construed as the boundary of the zone.
Town of Prescott Zoning By-law
118
5.4
Low Density Residential (R1) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Low Density Residential (R1) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.4.1
Permitted Uses
- Dwelling - Duplex
- Dwelling - Semi-detached
- Dwelling - Single detached
- Dwelling - Single detached, zero lot line
- Boarding House
- Garden Suite where permitted under a temporary use by-law
5.4.2
Zone Requirements
(a)
Single detached dwelling
Minimum Lot Area................................396 m2 [4,262.65 ft2]
Minimum Lot Frontage........ ............................13 m [42.7 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard................................4.5 m [14.8 ft]
Interior Side Yard..... .............................1.2 m [3.9 ft]
One side.....................................2.4 m [7.9 ft]
Other side...... .............................1.2 m [3.9 ft]
Maximum Building Height... .........10.5 m [34.4 ft] or 2.5 storeys
Maximum Lot Coverage...... .......................................35%
Maximum Number of Dwelling Units per Lot........ .................1
(b)
Single detached dwelling, zero lot line.
Minimum Lot Area..................................275 m2 [2,960.2 ft2]
Minimum Lot Frontage........ ..........................10.5 m [34.4 ft]
Minimum Yard Requirements
Front Yard..... .....................................4.5 m [14.8 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard................................3.5 m [11.5 ft]
Interior Side Yard..... ...........................3.5 m [11.5 ft]
Maximum Building Height... .........10.5 m [34.4 ft] or 2.5 storeys
Maximum Lot Coverage...... .......................................50%
Maximum Number of Dwelling Units per Lot........ .................1
Town of Prescott Zoning By-law
119
When a building abuts a lot line, a maintenance easement of 2 m
[6.6 ft] shall be provided on the adjacent lot. Exterior openings or
transparent windows of a building shall not be permitted on the
exterior wall abutting a lot line.
(c)
Duplex dwelling
Minimum Lot Area.................................520 m2 [5,597.4 ft2]
Minimum Lot Frontage........ ............................17 m [55.8 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... .......................................9 m [29.5 ft]
Exterior Side Yard................................4.5 m [14.8 ft]
Interior Side Yard
One side.....................................2.4 m [7.9 ft]
Other side...... ...............................2 m [6.6 ft]
Maximum Building Height... .........10.5 m [34.4 ft] or 2.5 storeys
Maximum Lot Coverage...... .......................................35%
Maximum Number of Dwelling Units per Lot........ .................2
(d)
Semi-detached dwelling
Minimum Lot Area..................................275 m2 [2,960.2 ft2]
Minimum Lot Frontage........ ..............................9 m [29.5 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard................................4.5 m [14.8 ft]
Interior Side Yard..... .............................2.4 m [7.9 ft]
Maximum Building Height... .........10.5 m [34.4 ft] or 2.5 storeys
Maximum Lot Coverage...... .......................................35%
Maximum Number of Dwelling Units per Lot........ .................2
5.4.3
Additional Provisions
(a)
Established Building Line
Notwithstanding any provisions of Section 5.4.2 to the contrary,
the front yard requirement may be reduced to the established
building line as defined herein.
If a dwelling in a Low Density Residential (R1) Zone has less than
the minimum front yard requirements it shall be deemed to comply
with this By-law, however, the area of the minimum front yard
shall not be reduced.
Town of Prescott Zoning By-law
120
(b)
Established Building Height
Notwithstanding any provisions of Section 5.4.2 to the contrary,
the maximum building height may be increased to the established
building height as defined herein.
(c)
Lots South of Water Street
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, no building proposed or built south of Water Street
shall exceed 12 m [39.4 ft] in height measured from the finished
grade of the centre line of Water Street adjacent to the building
site.
(d)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
5.4.4
Special Exception Zones
(a)
R1-1; 248 Park Street West
Notwithstanding anything in Section 5.4.1 of this By-law to the
contrary, a retirement home with a maximum of 54 resident rooms
shall be a permitted use in the R1-1 zone.
(b)
R1-2; 356 East Street; Plan 19, Part of Lot 199 (By-law # 05-97)
Notwithstanding any provision of Section 5.4.1 of this By-law to
the contrary, a museum which may serve meals as an integral part
of and in conjunction with its educational program shall be
permitted in the R1-2 zone on the premises known as the Stockade
Barracks and Hospital Museum.
For the purposes of this By-law, "meals as an integral part of and
in conjunction with its educational program" means:
(i)
food prepared and served in a manner that is similar to that
in the first part of the 19th century; and
(ii)
meals during which a description of the food and its
historical context is given by a knowledgeable person.
Town of Prescott Zoning By-law
121
(c)
R1-3; 130 Henry Street.; Plan 19, Block 2, Lot 5, on the north
side of Henry Street (By-law #13-93)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, a professional/residential building shall be a
permitted use in the R1-3 zone in accordance with the following
special provisions:
A maximum of six (6) suites consisting of six (6) dwelling units
only, or four (4) dwellings units and two (2) professional office
suites, or five (5) dwelling units and one (1) professional office
suite.
Notwithstanding any provision of Section 4.34 of this By-law, the
following special provision applies to the subject lands:
Ingress and egress directly to and from every parking space shall
be by means of a driveway, lane or aisle having a width of at least
5 m [16.4 ft].
Parking Spaces......... ..............4 spaces per practitioner and 1.25
parking spaces per dwelling unit
Notwithstanding any provision of Section 4.25 of this By-law, the
following special provision applies to the subject lands:
Rear Planting Strip.... ......................................1.5 m [4.9 ft]
(d)
R1-4; 702 Dibble Street; Part of Plan 19, Block 4, Lot 50 (By-
law # 14-93)
Notwithstanding any provision of Section 5.4.1 and 5.4.2 of this
By-law to the contrary, a single dwelling unit shall be permitted in
the R1-4 zone with the following special provisions:
Minimum Lot Area... .....................375 m2 [4,036.6 ft2]
Minimum Yard Requirements
Front Yard..... ...........................3.5 m [11.5 ft]
Rear Yard...... .................................0 m [0 ft]
Interior Side Yard..... ..................0.5 m [1.64 ft]
Exterior Side Yard.... .................1.75 m [5.74 ft]
Town of Prescott Zoning By-law
122
(e)
R1-5; 439 Sophia Street; Part of Plan 19, Block 4, Lot 50 (By-
law # 14-93)
Notwithstanding any provision of Section 5.4.1 and 5.4.2 of this
By-law to the contrary, a two (2) storey triplex shall be permitted
in the R1-5 zone with the following special provisions:
Minimum Lot Area... .....................265 m2 [2,852.5 ft2]
Minimum Yard Requirements
Front Yard..... ..............................3 m [9.84 ft]
Rear Yard...... ..............................1 m [3.28 ft]
Interior Side Yard
One Side....... ..................1.45 m [4.8 ft]
Other Side..... ......................2 m [6.6 ft]
Maximum Number of Dwellings Units per Lot....... ........3
Notwithstanding any provisions of Section 4.34, the number of
parking spaces for the two storey triplex shall be a minimum of 3
in the R1-5 zone.
(f)
R1-6; 122 James Street West; Plan 19, Lot 10 and Part of Lot
11, north side of James Street West (By-law # 11-94)
Notwithstanding any provision of Section 5.4.1 and 5.4.2 of this
By-law to the contrary, an eight (8) unit apartment dwelling shall
be a permitted use in the R1-6 zone in accordance with the
following special provisions:
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ......................................18 m [59.1 ft]
West Side Yard........ ................................7 m [23 ft]
East Side Yard .....................................10 m [32.8 ft]
Maximum Building Height... ................................7 m [23 ft]
Minimum Buffer Strip...................................1.75 m [5.74 ft]
Minimum Driveway Width... ..............................6 m [19.7 ft]
Minimum Landscaped Open Space..................................45%
Minimum Number of Parking Spaces.................................10
Maximum Number of Dwelling Units.....................................8
(g)
R1-7; 286-294 Park Street East; Plan 19, Block 1, Lot 172 (By-
law # 04-96)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, the following zone requirements shall apply in the
R1-7 zone:
Town of Prescott Zoning By-law
123
Minimum Lot Area... ...........................395.6 m2 [4,258.3 ft2]
Minimum Lot Frontage........ ............................8.23 m [27 ft]
Minimum Yard Requirements
Rear Yard...... ........................................0.6 m [2 ft]
Exterior Side Yard.... ..............................1 m [3.28 ft]
Interior Side Yard..... ...........................0.2 m [0.66 ft]
(h)
R1-8; 210 James Street West (By-law # 21-96)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, the following zone requirements shall apply in the
R1-8 zone:
Minimum Lot Area... .....................339 m2 [3,649.1 ft2]
Minimum Front Yard Requirement... ..........0.5 m [1.64 ft]
(i)
R1-9; 547 Centre St.; Plan 19, Block 2, Lot 15 (By-law # 21-96)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, the following zone requirements shall apply in the
R1-9 zone:
Minimum Lot Area... .....................316 m2 [3,401.5 ft2]
Minimum Rear Yard Requirement... .............2 m [6.6 ft]
(j)
R1-10; 493 Dibble St. West; Plan 19, Block 3, Part of Lot 33
(By-law # 30-96)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, the following zone requirements shall apply in the
R1-10 zone:
Minimum Lot Area.........................200 m2 [2,152.9 ft2]
Minimum Yard Requirements
Front Yard..... .............................2.4 m [7.9 ft]
Rear Yard...... ...........................3.5 m [11.5 ft]
Exterior Side Yard.... ....................0.7 m [2.3 ft]
Maximum Lot Coverage.....................................40%
(k)
R1-11; 368 St. Lawrence Street; Plan 19, Block 3, Part of Lot
33 (By-law # 30-96)
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, the following zone requirements shall apply in the
R1-11 zone:
Minimum Lot Area.........................180 m2 [1,937.6 ft2]
Town of Prescott Zoning By-law
124
Minimum Lot Frontage........ ...................12.5 m [41 ft]
Minimum Yard Requirements
Front Yard..... .............................1.3 m [4.27 ft]
Rear Yard...... .............................0.4 m [1.3 ft]
Interior Side Yard
One Side....... ....................2.4 m [7.9 ft]
Other Side..... ..................0.3 m [0.98 ft]
Maximum Lot Coverage.....................................45%
(l)
R1-12; 702 King Street West; Plan 19, Block 3, Lot 48; Part 1
on Reference Plan 15R-8472 (By-law #22-2001)
Notwithstanding any provision of Subsection 5.4.2(a) of this By-
law to the contrary, the rear yard setback for an accessory building
(garage) shall be 3.5 m [11.5 ft] on lands in the R1-12 zone.
(m)
R1-13; Plan 19, Block 12, Lot 28 (By-law # 16-2005)
Notwithstanding any provisions of Section 5.4.1 and 5.4.2 of this
By-law to the contrary, a single detached dwelling with a reduced
rear yard setback of 4.2 m [13.9 ft] from the east property line
shall be permitted on lands in the R1-13 zone.
(n)
R1-14; 550 King Street West, Plan 19, Block 12, Lot 28 (By-law #
17-2005)
Notwithstanding any provisions of Section 5.4.1 of this By-law to
the contrary, in addition to the uses permitted in Section 5.4.1, a
professional office shall be a permitted use in lands located in the
R1-14 zone.
(o)
R1-15; St. Andrew's Presbyterian Manse, 465 Centre Street;
Plan 19, Block 2, Lot 14 & Part of Lot 15 (By-law # 22-2006)
Notwithstanding any provisions of Section 5.4.2 of this By-law to
the contrary, reduced setbacks will be permitted in lands located in
the R1-15 zone.
(p)
R1-16; 1021, 1023-1028 Massie Drive; RP 15R-10697, Parts 5,
6, 7, 8, 9, 10, 12, 13 & 14 (By-law # 23-2007)
Notwithstanding any provisions of Section 5.4.2 of this By-law to
the contrary, the minimum interior side yard setback shall be 1.2
m [3.9 ft] on both interior side yards in the R1-16 zone.
Town of Prescott Zoning By-law
125
(q)
R1-17; St. John's Anglican Church Sexton's House, 172 Dibble
Street; Plan 19, Block 2, Part of Lot 12
Notwithstanding any provisions of Section 5.4.2 of this By-law to
the contrary, a reduced interior side yard setback of 0 m [0 ft]
along the east property line shall be permitted in the R1-17 zone.
(r)
R1-18; 389 Edward Street; Plan 19, Block 2, Lot 7 (By-law # 23-
95)
Notwithstanding any provision of Section 5.4.1 to the contrary, a
florist shall be a permitted use in the R1-18 zone.
Town of Prescott Zoning By-law
126
5.5
Medium Density Residential (R2) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Medium Density Residential (R2) Zone except in accordance with
the provisions of this Section and of any other relevant Sections of this
By-law.
5.5.1
Permitted Uses
- Dwelling - Duplex
- Dwelling - Maisonette
- Dwelling - Row
- Dwelling - Semi-detached
- Dwelling - Single detached
5.5.2
Zone Requirements
(a)
Duplex dwellings, semi-detached dwellings, and single detached
dwellings are subject to the R1 Zone Requirements
(b)
Maisonette dwelling and Row dwelling
Minimum Lot Frontage........ ............................20 m [65.6 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard................................4.5 m [14.8 ft]
Interior Side Yard..... ...............................2 m [6.6 ft]
Maximum Building Height... ...........10.5 m [34.4 ft] or 3 storeys
Maximum Lot Coverage...... .......................................40%
Maximum Density.... .........................35 units/ha [14 units/ac]
5.5.3
Additional Provisions
(a)
Established Building Line
Notwithstanding any provisions of Section 5.5.2 to the contrary,
the front yard requirement may be reduced to the established
building line as defined herein.
If a dwelling in a Medium Density Residential (R2) Zone has less
than the minimum front yard requirements it shall be deemed to
comply with this By-law, however, the area of the minimum front
yard shall not be reduced.
Town of Prescott Zoning By-law
127
(b)
Established Building Height
Notwithstanding any provisions of Sections 5.5.2 to the contrary,
the maximum building height may be increased to the established
building height as defined herein.
(c)
Lots South of Water Street
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, no building proposed or built south of Water Street
shall exceed 12 m [39.4 ft] in height measured from the finished
grade of the centre line of Water Street adjacent to the building
site.
(d)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
5.5.4
Special Exception Zones
Town of Prescott Zoning By-law
128
5.6
High Density Residential (R3) Zone
No person shall use any lot or erect, alter or use any building or structure
in the High Density Residential (R3) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.6.1
Permitted Uses
- Dwelling - Stacked Town House
- Dwelling - Apartment
5.6.2
Zone Requirements
(a)
Stacked Townhouse Dwelling
Minimum Lot Area.........................................0.5 ha [1.23 ac]
Minimum Lot Frontage........ ...........................30.5 m [100 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... .......................................6 m [19.7 ft]
Side Interior Yard..... ..............................6 m [19.7 ft]
For each full or partial
storey above the first storey... ............+1 m [3.3 ft]
Side Exterior Yard.... ..............................6 m [19.7 ft]
Maximum Building Height... ............10.5 m [34.4 ft] or 3 storeys
Maximum Density.... .........................50 units/ha [20 units/ac]
Minimum Landscaped Open Space... ..............................35%
Minimum Amenity Space for 15 dwellings units or more........10%
(b)
Apartment Dwelling (2.5 storeys or less)
Minimum Lot Area... .........................1,000 m2 [10,764.26 ft2]
Minimum Lot Frontage....... ...........................30.5 m [100 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard................................4.5 m [14.8 ft]
Interior Side Yard
One Side....... ..............................5 m [16.4 ft]
Other Side.....................................2 m [6.6 ft]
For each full or partial
storey above the first storey... .........+0.8 m [2.6 ft]
Maximum Building Height... .........10.5 m [34.4 ft] or 2.5 storeys
Maximum Lot Coverage...... .......................................35%
Maximum Density.... .........................50 units/ha [20 units/ac]
Town of Prescott Zoning By-law
129
Minimum Landscaped Open Space... ..............................35%
Minimum Amenity Space for 15 dwellings units or more........10%
(c)
Apartment Dwelling (greater than 2.5 storeys)
Minimum Lot Frontage....... ...........................30.5 m [100 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... .......................................9 m [29.5 ft]
Side Yard...... ........................................3 m [9.8 ft]
For each full or partial
storey above the first storey............+1.5 m [4.9 ft]
Maximum Building Height... ............................18 m [59.1 ft]
Maximum Lot Coverage...... .......................................35%
Maximum Density.... .........................65 units/ha [26 units/ac]
Minimum Landscaped Open Space... ..............................35%
Minimum Amenity Space for 15 dwellings units or more........10%
5.6.3
Additional Provisions
(a)
Buffering
Where a High Density Residential (R3) Zone abuts a Low Density
Residential (R1) Zone or Medium Density Residential (R2) Zone,
and is not separated by a street, 3 m [9.84 ft] of land adjacent to the
subject lot line(s) shall be used for no other purpose than a planting
strip, in accordance with Section 4.25.
Where a High Density Residential (R3) Zone abuts an High
Density Residential (R1) Zone or Medium Density Residential
(R2) Zone, and is not separated by a street, the minimum yard
requirement shall be 10.5 m [34.4 ft].
(b)
Established Building Line
Notwithstanding any provisions of Section 5.6.2 to the contrary,
the front yard requirement may be reduced to the established
building line as defined herein.
(c)
Established Building Height
Notwithstanding any provisions of Section 5.6.2 to the contrary,
the maximum building height may be increased to the established
building height as defined herein.
Town of Prescott Zoning By-law
130
(d)
Senior Citizen's Dwellings
Notwithstanding the provisions of Section 5.6.2 of this By-law, a
development in an R3 zone composed of Senior Citizen's
dwellings as defined herein, shall have a maximum density of 75
units per hectare [30 units per acre].
(e)
Lots South of Water Street
Notwithstanding any provision of Section 5.4.2 of this By-law to
the contrary, no building proposed or built south of Water Street
shall exceed 12 m [39.4 ft] in height measured from the finished
grade of the centre line of Water Street adjacent to the building
site.
(f)
Location of Parking Spaces
Notwithstanding any provision of Sections 5.6.2 to the contrary, no
parking spaces shall be located in the front yard of any apartment
building.
(g)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
5.6.4
Special Exception Zones
(a)
R3-1; 523 Hyde St; Plan 19, Block 13, Lots 39 & 41; (By-law #
17-99)
Notwithstanding any provision of Section 4.34 and 5.6.3 of this
By-law to the contrary, the following zone exemptions shall apply
to lands the R3-1 zone:
Sections 4.34(f) (Parking Requirements - Location of Parking
Spaces) and Section 4.34(h) (Parking Requirements - Parking
Areas for More than Four Vehicles) and Section 5.6.3(f) shall not
apply.
Town of Prescott Zoning By-law
131
(b)
R3-2; 410 King Street East; Plan 19, Block 1, Part of Lot 37
and 38 (By-law # 11-2004)
Notwithstanding any provision of Section 5.8.1 of this By-law to
the contrary, the permitted uses in the R3-2 zone shall be limited
to:
- Auto glass and Flat Glass business
- Automobile Sales Outlet
- Residential use on the ground and upper floor
In addition to the provisions of Subsection 5.8.4(e), the residential
use shall have a maximum of eight (8) dwelling units with four (4)
dwelling units being provided on each floor. The following shall
apply:
Residential Use
- Convert existing building to accommodate a maximum of 8
dwelling units as per Schedule 'A' to By-law 11-2004.
- Reduce buffer from 3 m [10 ft] to 0.91 m [3 ft] along
property line 'B' as shown on Schedule 'A' to By-law 11-
2004, but include a 9.7 m [6 ft] high good neighbour fence
as detailed on Schedule 'A' to By-law 11-2004.
- Install a 1.8 m [6 ft] high good neighbour fence as detailed
on Schedule 'A' to By-law 11-2004 at the rear of the
existing building (property line A).
Reduce buffer from 3 m [10 ft] to 1.8 m [6 ft] along property line
'C' as shown on Schedule 'A' to By-law 11-2004, but include a
1.8 m [6 ft] high good neighbour fence as detailed on Schedule 'A'
to By-law 11-2004.
Town of Prescott Zoning By-law
132
5.7
Core Commercial (CC) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Core Commercial (CC) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.7.1
Permitted Uses
- Antique Store
- Arcade/Video Arcade
- Art Gallery
- Bake Shop
- Bakery
- Bank
- Bed and Breakfast Establishment in an existing single detached
dwelling
- Business, Professional or Administrative Office
- Business Service Establishment
- Cinema/theatre
- Clinics or offices of medical practitioner
- Convenience Store
- Dry cleaning distribution establishment
- Dwelling units situated above and within the same building as the
commercial use
- Existing residential uses
- Florist
- Food supermarket
- Funeral home
- Hotel and motel
- Institutional
- Laundromat
- Library
- Marina
- Medical/Dental Office
- Mixed Use Building
- Museum
- Office
- Parking garage or lot
- Personal service establishment
- Pharmacy
- Place of assembly
- Printing establishment
- Private club
Town of Prescott Zoning By-law
133
- Private instructional facility
- Restaurant
- Retail store
- Service shop
- Studio (second storey)
- Tavern
- Taxi dispatch
- Tourist Inn
- Tourist Outfitters Establishment
- Video Rental Outlet
5.7.2
Zone Requirements
Minimum Lot Area... ........................................230 m2 [2,475.8 ft2]
Yard Requirements
Maximum Front Yard .......................................3 m [9.84 ft]
Minimum Rear Yard.. ....................................7.5 m [24.6 ft]
Minimum Exterior Yard...... ..............................3 m [9.84 ft]
Maximum Building Height... ....................................15.25 m [50 ft]
5.7.3
Additional Provisions
(a)
King Street
Notwithstanding any provision in Section 5.7.2 to the contrary, the
following provision shall apply to lots within the Core Commercial
(CC) Zone which front onto King Street:
Maximum and Minimum Front Yard ........................0 m [0 ft]
Further, the minimum building height shall be the established
building height. Where no established building height can be
determined, the minimum building height shall be 6.7 m [22 ft].
(b)
Parking Requirements
Notwithstanding any provision in Section 4 or 5.7.2 to the
contrary, no parking spaces shall be permitted in the front yard of
any lot in the Core Commercial (CC) Zone.
Notwithstanding any provision in Section 4 to the contrary, there
shall be no minimum number of parking spaces required for non-
residential uses in the Core Commercial (CC) Zone where the lot
on which the use is located has frontage on the north side of King
Street between St. Lawrence Street and East Street or on the south
side of King Street between West Street and East Street.
Town of Prescott Zoning By-law
134
(c)
Increased Yard Requirements
Where a Core Commercial (CC) Zone abuts a residential zone, the
minimum interior side yard shall be 3 m [9.84 ft] and Section 4.25
shall also apply.
(d)
Professional offices and other non-retail uses shall be permitted to
locate on upper floors.
5.7.4
Special Exception Zones
(a)
CC-1; 392 Edward Street; Plan 19, Block 2, Part of Lots 5 & 6
Notwithstanding any provisions of Section 5.7.1 of this By-law to
the contrary, a residential use on the first floor to a maximum of
three (3) units for the entire building shall be a permitted use in the
CC-1 zone.
(b)
CC-2; 394 King Street West; Plan 19, Block 2, Part of Lot 23
(By-law # 15-2003)
Notwithstanding any provisions of Section 5.7.1 of this By-law to
the contrary, a reduced setback of 1.83 m [6 ft] on the northern
edge of the property shall be permitted in the CC-2 zone.
Town of Prescott Zoning By-law
135
5.8
General Commercial (C1) Zone
No person shall use any lot or erect, alter or use any building or structure
in the General Commercial (C1) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.8.1
Permitted Uses
The uses permitted in the C1 zone are those uses set out in Section 5.7.1 in
addition to the following uses:
- Automotive Sales Establishment
- Automobile Service Station
- Automobile Rental Establishment
- Bed and Breakfast Establishment in an existing single detached
dwelling
- Car Wash
- Catering Establishment
- Factory Outlet
- Gas Bar
- Pharmacy
- Place of Amusement
- Restaurant, Drive-in
- Restaurant, Take-out
- All uses in the Core Commercial (CC) Zone
5.8.2
Zone Requirements
Minimum Lot Area... ........................................600 m2 [6,458.6 ft2]
Minimum Lot Frontage..............................................20 m [65.6 ft]
Minimum Yard Requirements
Front Yard..... ................................................6 m [19.7 ft]
Rear Yard...... .................................................9 m [29.5 ft]
Exterior Side Yard.... .......................................9 m [29.5 ft]
Interior Side Yard..... ...........................................0 m [0 ft]
Maximum Building Height... ...................................10.5 m [34.4 ft]
Maximum Lot Coverage...... ................................................60%
Maximum Gross Floor Area.. ............................2,500 m2 [2,910.6 ft2]
Maximum Floor Area Ratio... ................................................0.25
Town of Prescott Zoning By-law
136
5.8.3
Additional Provisions
(a)
Hotels and Motels
Where the exterior wall of a guest room contains a window, such
wall shall be located not closer than 7.5 m [24.6 ft] from any side
or rear lot line.
(b)
Increased Yard Requirements
Where a General Commercial (C1) Zone abuts a residential zone,
the minimum yard requirements between the uses shall be 18 m
[59.1 ft] and Section 4.25 shall also apply.
(c)
Established Building Line
Notwithstanding any provision of Section 5.7.2 or 5.8.2 to the
contrary, the front yard requirement may be reduced or increased
to the established building line as defined herein.
(d)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
5.8.4
Special Exception Zones
(a)
C1-1; 670 Edward Street; Plan 19, Block 6, Parts of Lots 3 & 4
Notwithstanding any provision of Section 5.8.2 of this By-law to
the contrary, the following variances to the zone requirements are
permitted in the C1-1 zone:
Minimum Yard Requirements
Rear Yard...... ......................................1.8 m [5.9 ft]
Exterior Side Yard.... .............................1.8 m [5.9 ft]
Interior Side Yard.................................7.5 m [24.6 ft]
An automotive sales establishment shall not be permitted in the
C1-1 zone.
(b)
C1-2
Notwithstanding any provision of Section 5.8.1 of this By-law to
the contrary, the permitted uses in the C1-2 Zone shall be limited
to:
Town of Prescott Zoning By-law
137
- Clinics or offices of a medical practitioner
- Office
- Convenience store
- Service shop
Town of Prescott Zoning By-law
138
5.9
Highway Commercial (C2) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Highway Commercial (C2) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.9.1
Permitted Uses
- Automotive Sales Establishment
- Automobile Service Station
- Building Supply Store or Depot
- Car Wash
- Cinema/Theatre
- Department Store
- Factory Outlet
- Food Supermarket
- Home Display and Sales Outlet
- Hotel
- Motel
- Nursery
- Shopping Centre
- Shopping Plaza
- Show Room
- Tourist Inn
5.9.2
Zone Requirements
Minimum Lot Area... ...............................................2 ha [4.94 ac]
Minimum Lot Frontage............................................60 m [196.9 ft]
Minimum Yard Requirements
Front Yard..... ..............................................10 m [32.8 ft]
Rear Yard...... ...............................................10 m [32.8 ft]
Exterior Side Yard.... ......................................10 m [32.8 ft]
Interior Side Yard..... .......................................6 m [19.7 ft]
Maximum Building Height... .....................................12 m [39.4 ft]
Maximum Lot Coverage...... ................................................60%
Minimum Landscaped Open Space .......................................15%
Town of Prescott Zoning By-law
139
5.9.3
Additional Provisions
(a)
Hotels and Motels
Where the exterior wall of a guest room contains a window, such
wall shall be located not closer than 7.5 m [24.6 ft] from any side
or rear lot line.
(b)
Increased Yard Requirements
Where a General Commercial (C1) Zone abuts a residential zone,
the minimum yard requirements between the uses shall be 18 m
[59.1 ft] and Section 4.25 shall also apply.
(c)
Established Building Line
Notwithstanding any provision of Section 5.7.2 or 5.8.2 to the
contrary, the front yard requirement may be reduced or increased
to the established building line as defined herein.
(d)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
Town of Prescott Zoning By-law
140
5.10
Waterfront Mixed Use Development (CW) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Waterfront Mixed Use Development (CW) Zone except in
accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
5.10.1
Permitted Uses
Residential Uses
- All uses in the R3 zone
- Group Dwelling
- Row or Townhouse Dwelling
Mixed Uses
- Apartment Hotel
- Bed and Breakfast Establishment in an existing single detached
dwelling
- Clinic
- Existing Uses as of the day this By-law was passed
- Hotel
- Marine Facility
- Mixed Use Development
- Motel
- Office
- Pedestrian Plaza
- Private Park
- Public Park
- Restaurant
- Tourist Inn
- Waterfront Commercial Marine Facility
- Wellness Centre
5.10.2
Zone Requirements
(a)
All uses in the R3 zone permitted in the CW zone shall comply
with the R3 zone standards, except the maximum building height
for an apartment dwelling shall 15.25 m [50 ft] or 4 storeys.
Maximum Density.... .........................65 units/ha [26 units/ac]
Density may be increased to 100 units/ha [40 units/ac] through
bonusing.
Town of Prescott Zoning By-law
141
(b)
Row or Townhouse Dwelling
Minimum Lot Area... .................................800 m2 [8,611 ft2]
plus 200 m2 [2,153 ft2] per
Dwelling Unit over 4 units
Minimum Lot Frontage...............6 m [19.7 ft] per Dwelling Unit
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard.... ..............................6 m [19.7 ft]
Interior Side Yard..... .............................1.8 m [5.9 ft]
Maximum Building Height... ............10.5 m [34.4 ft] or 3 storeys
Minimum Building Separation........ ......................2 m [6.6 ft]
Maximum Lot Coverage...... .......................................45%
Minimum Landscaped Open Space... ..............................10%
Minimum Amenity Space for 15 dwellings units or more........10%
Maximum Density.... ................40 units/net ha [16 units/net ac]
(c)
Group Dwelling
Minimum Lot Area... .................................0.8 ha [2 ac] plus
200 m2 [2,153 ft2] per
Dwelling Unit over 30 units
Minimum Lot Frontage........ ............................30 m [98.4 ft]
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... ....................................7.5 m [24.6 ft]
Exterior Side Yard.... ..............................6 m [19.7 ft]
Interior Side Yard..... .............................1.8 m [5.9 ft]
Maximum Building Height... .............15.25 m [50 ft] or 4 storeys
Minimum Building Separation........ ......................4 m [13.1 ft]
Maximum Lot Coverage...... .......................................45%
Minimum Landscaped Open Space... ..............................10%
Minimum Amenity Space for 15 dwellings units or more........10%
Maximum Density... ................65 units/net ha [26 units/net ac]
(d)
Non-residential Uses
Minimum Lot Area... ..............................500 m2 [5,382.1 ft2]
No minimum lot area shall apply to a Marine Facility, a park or
open space use.
Yard Requirements
Maximum Front Yard ..................................0 m [0 ft]
Minimum Rear Yard.. ...........................7.5 m [24.6 ft]
Minimum Exterior Side Yard .....................3 m [9.84 ft]
Maximum Building Height... ...........................15.25 m [50 ft]
Town of Prescott Zoning By-law
142
Minimum Building Separation........ ......................4 m [13.1 ft]
Maximum Lot Coverage...... .......................................60%
5.10.3
Additional Provisions
(a)
The minimum interior side yard shall not apply to the party wall of
a row or townhouse dwelling.
(b)
The minimum separation distance between any window in a
dwelling and any parking space shall be 3 m [9.84 ft].
(c)
For a mixed use development, residential uses shall not be
permitted on a street-level storey. Non-residential uses shall be
limited to the first two (2) storeys.
(d)
The minimum separation distance between a restaurant and any
residential use shall be 20 m [65.6 ft], measured from the building
face of the restaurant to the building face of the residential use.
(e)
No architectural projections, including signs, shall be permitted
beyond any property line where a zero lot line setback is permitted.
(f)
All development shall be subject to site plan control.
(g)
Parking Requirements
Notwithstanding any provision in Section 4 or 5.10.2 to the
contrary, no parking spaces shall be permitted in the front yard of
any lot in the Waterfront Mixed Use Development (CW) Zone that
fronts onto King Street.
5.10.4
Special Exception Zones
(a)
CW-1; 175 Water Street West (By-law # 07-2005)
Notwithstanding any provision of Section 5.10.1 and 5.10.2 of this
By-law to the contrary, a 28-unit condominium apartment building
shall be permitted and the following special provision shall apply:
Minimum Lot Area... .....................................0.2 ha [0.5 ac]
Minimum Lot Frontage...................................30.5 m [100 ft]
Yard Requirements
Maximum Front Yard................................2 m [6.56 ft]
Minimum Rear Yard.................................2 m [6.56 ft]
Minimum Interior Side Yard.......................2 m [6.56 ft]
Maximum Building Height..............................13.5 m [44.3 ft]
Town of Prescott Zoning By-law
143
Maximum Number of Dwelling Units.................................28
Maximum Lot Coverage..............................................50%
Maximum Density............................................122 units/ha
Minimum Landscaped Open Area...................................50%
Parking for residential units shall be 28 parking spaces within the
underground garage and 14 parking spaces outside at the rear of
the building.
The minimum distance between an exterior wall of an end unit and
a private land shall be 0.8 m [2.62 ft].
The minimum distance between an exterior wall and a pathway
shall be 1.4 m [4.6 ft].
(b)
CW-2; 555 King Street West
Notwithstanding any provision of Section 5.10.1 to the contrary,
the permitted uses in the CW-2 zone shall be limited to:
- Clinics or offices of a medical practitioner
- Pharmacy
(c)
CW-3; Wiser Hall
Notwithstanding any provision of this By-law to the contrary, the
permitted uses in the CW-3 zone shall be limited to:
- Bed and Breakfast Establishment
- Clinic
- Pedestrian Plaza
- Private Park
- Public Park
- Tourist Inn
- Wellness Centre
Town of Prescott Zoning By-law
144
5.11
General Industrial (M1) Zone
No person shall use any lot or erect, alter or use any building or structure
in the General Industrial (M1) Zone except in accordance with the
provisions of this Section and of any other relevant Sections of this By-
law.
5.11.1
Permitted Uses
- Automobile Body Shop
- Building Supply Store or Depot
- Class II Industry - Medium Industrial
- Communication Facility
- Equipment and Vehicle Storage Yard
- Equipment Rental Establishment
- Equipment Service and Repair Establishment
- Farm Supply Outlet
- Feed yard
- Fuel Storage Facility
- Heavy Equipment Repair Facility
- Kennel
- Open Storage (of equipment, materials or products)
- Retail Lumber Yard including incidental mill work
- Those uses permitted in the Light Industrial (M2) Zone (Section
5.12.1)
- Transportation terminal
5.11.2
Zone Requirements
Minimum Lot Area... ....................................930 m2 [10,010.8 ft2]
Minimum Lot Frontage............................................24 m [78.7 ft]
Minimum Yard Requirements
Front Yard..... ..............................................12 m [39.4 ft]
Rear Yard...... ............................................10.5 m [34.4 ft]
Exterior Side Yard.... .......................................6 m [19.7 ft]
Interior Side Yard..... .......................................6 m [19.7 ft]
Maximum Building Height... .....................................15 m [49.2 ft]
Maximum Lot Coverage.......................................................60%
5.11.3
Additional Provisions
(a)
Increased Yard Requirements
Where a side or rear yard in the General Industrial (M1) Zone
abuts a residential zone, such yard shall be a minimum of 10 m
Town of Prescott Zoning By-law
145
[32.8 ft] and shall be used only for landscaped open space. Section
4.25 shall also apply.
(b)
Reduced Yard Requirements
The yard requirements may be reduced to a zero lot line adjacent to
a railway line right-of-way where the use is dependant on rail
service.
(c)
Servicing
Notwithstanding Section 4.28 of this By-law to the contrary,
industrial development may proceed on private services on the
north side of Highway 401 where it is deemed appropriate by
Council, and necessary approvals are obtained from the Ministry of
the Environment.
(d)
Adult Entertainment Establishments
(i)
In accordance with By-law 06-2005 of the Town of Prescott,
no part of a building used for an adult entertainment
establishment shall be located less than 500 m [1,640.4 ft]
from any place of worship, school, day nursery, library,
community centre or public park.
(ii) In accordance with By-law 06-2005 of the Town of Prescott,
no adult entertainment establishment shall be located on
Edward Street, Prescott Centre Drive, Churchill Road, or
anywhere south of the CN rail line.
(iii) No part of a building used for an adult entertainment
establishment shall be located less than 200 m [656.2 ft]
from lands which are used for a cemetery or residential use
(wholly or partially) or are in an R1, R2 or R3 zone.
(e)
Other General Provisions
Accessory uses, parking, and other general provisions shall be in
accordance with Section 4 of this By-law.
5.11.4
Special Exception Zones
Town of Prescott Zoning By-law
146
5.12
Light Industrial (M2) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Light Industrial (M2) Zone except in accordance with the provisions
of this Section and of any other relevant Sections of this By-law.
5.12.1
Permitted Uses
- Ambulance Facility
- Automobile Repair Garage
- Automobile Service Station
- Catering Establishment
- Class I Industry - Light Industrial
- Factory Outlet as an accessory use to a Class 1 Industry
- Fire Station
- Film Laboratory (experimental, photo, motion pictures, film or testing)
- Industrial Mall
- Laundry Cleaning
- Office related industrial use
- Parking Lot
- Place of Assembly
- Restaurant
- Self Storage Establishment
- Veterinary Establishment
5.12.2
Zone Requirements
Minimum Lot Area... ........................................743 m2 [7997.8 ft2]
Minimum Lot Frontage........ .....................................18 m [59.1 ft]
Minimum Yard Requirements
Front Yard..... ..............................................12 m [39.4 ft]
Rear Yard...... ............................................10.5 m [34.4 ft]
Exterior Side Yard.... .......................................6 m [19.7 ft]
Interior Side Yard.............................................6 m [19.7 ft]
Maximum Building Height... .....................................15 m [49.2 ft]
Maximum Lot Coverage...... ................................................60%
Maximum Number of Dwelling Units per Lot........ ..........................1
5.12.3
Additional Provisions
(a)
Increased Yard Requirements
Where a side or rear yard in the Light Industrial (M2) Zone abuts a
residential zone, such yard shall be a minimum of 10 m [32.8 ft]
Town of Prescott Zoning By-law
147
and shall be used only for landscaped open space. Section 4.25
shall also apply.
(b)
Reduced Yard Requirements
The yard requirements may be reduced to a zero lot line adjacent to
a railway line right-of-way where the use is dependant on rail
service.
(c)
Buffering
Notwithstanding any provision in Section 5.12.2 to the contrary, a
minimum 25 m [82 ft] wide buffer zone shall be provided adjacent
to the western boundary of Registered Plan 33 and the lands of
Sandy Hill Cemetery. The said buffer zone shall be maintained in a
natural forested state as existing and shall not be cleared or pierced
by roadways or walkways, municipal or otherwise except by
amendment to this By-law.
(d)
Servicing
Notwithstanding Section 4.28 of this By-law to the contrary,
industrial development may proceed on private services on the
north side of Highway 401 where it is deemed appropriate by
Council, and necessary approvals are obtained from the Ministry of
the Environment.
(e)
Other General Provisions
Accessory uses, parking, and other general provisions shall be in
accordance with Section 4 of this By-law.
5.12.4
Special Exception Zones
(a)
M2-1; Prescott Finishing Inc, 823 Walker Street; Plan 19,
Block 11, Lot 11 (By-law # 22-2002)
Notwithstanding Section 5.12.2 of this By-law to the contrary, the
minimum side yard setback for lands zoned M2-1 shall be 1.5 m
[4.92 ft].
(b)
M2-2; Claxton Terrace
Notwithstanding Section 5.12.1 of this By-law to the contrary, the
permitted uses in the M2-2 zone shall be limited to a self-storage
establishment only.
Town of Prescott Zoning By-law
148
5.13
Institutional (I) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Institutional (I) Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.13.1
Permitted Uses
- Ambulance Facility
- Arena
- Art Gallery
- Community Centre
- Day Nursery
- Fire Station
- Government Facility
- Heritage Site
- Hospital
- Library
- Municipal Building
- Museum
- Continuum-of-Care Facility
- Place of Assembly
- Place of Worship
- School
5.13.2
Zone Requirements
(a)
Continuum-of-Care Facility
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... .......................................4 m [13.1 ft]
Side Yard...... .......................................3 m [9.84 ft]
Maximum Building Height... ..........................10.5 m [34.4 ft]
Maximum Lot Coverage...... .......................................50%
(b)
All other uses
Minimum Yard Requirements
Front Yard..... .......................................6 m [19.7 ft]
Rear Yard...... .......................................6 m [19.7 ft]
Side Yard..............................................6 m [19.7 ft]
Maximum Building Height... ..........................10.5 m [34.4 ft]
Maximum Lot Coverage...... .......................................50%
Town of Prescott Zoning By-law
149
5.13.3
Additional Provisions
(a)
Where an Institutional (I) Zone is situated within a built-up area,
the front yard requirement may be reduced to the established
building line, as defined herein, and the maximum building height
may be increased to the established building height, as defined
herein.
5.13.4
Special Exception Zones
Town of Prescott Zoning By-law
150
5.14
Open Space (OS) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Open Space (OS) Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.14.1
Permitted Uses
- Cemetery
- Communications Facility
- Conservation Use
- Equestrian Establishment
- Existing Dwelling
- Forestry Use
- Golf Course
- Greenhouse
- Heritage Site
5.14.2
Zone Requirements
Minimum Lot Area... ...............................................1 ha [2.47 ac]
Minimum Lot Frontage........ .....................................100 m [328 ft]
Minimum Yard Requirements......... ............................12 m [39.4 ft]
Maximum Building Height... .....................................12 m [39.4 ft]
Maximum Lot Coverage...... ................................................10%
5.14.3
Additional Provisions
(a)
Existing Uses
Notwithstanding Section 5.14.2 to the contrary, existing buildings
or structures are deemed to be in conformity with the provisions of
this By-law.
(b)
Servicing
Notwithstanding Section 4.28 of this By-law, land zoned Open
Space may be developed on private services, provided the
necessary approvals are granted by the Ministry of the
Environment.
(c)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
Town of Prescott Zoning By-law
151
5.14.4
Special Exception Zones
Town of Prescott Zoning By-law
152
5.15
Public Parks (P) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Public Parks (P) Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.15.1
Permitted Uses
- Community Centre
- Conservation Use
- Existing Buildings
- Fairground
- Heritage Site
- Park, Private
- Park, Public
- Recreational Use
5.15.2
Zone Requirements
Maximum Lot Coverage...... ................................................35%
Minimum Yard Requirements
Front Yard..... ................................................9 m [29.5 ft]
Rear Yard...... ..............................................15 m [49.2 ft]
Exterior Side Yard.... .......................................9 m [29.5 ft]
Interior Side Yard..... .......................................9 m [29.5 ft]
Maximum Building Height... .......................................9 m [29.5 ft]
5.15.3
Additional Provisions
(a)
Vegetation Retention
Existing vegetation in the form of trees and shrubs shall be
preserved on all land zoned Public Parks (P) to the maximum
extent possible. When siting ancillary structures, special care shall
be taken to ensure the preservation of as much of the existing
vegetation as possible.
(b)
Other General Provisions
Accessory uses, parking and other general provisions shall be in
accordance with Section 4 of this By-law.
Town of Prescott Zoning By-law
153
5.15.4
Special Exception Zones
(a)
P-1
In addition to the uses permitted in Section 5.15.1 of this By-law, the
following uses shall be permitted in the P-1 zone:
- Marina
- Marine facility
Town of Prescott Zoning By-law
154
5.16
Development (D) Zone
No person shall use any lot or erect, alter or use any building or structure
in the Development (D) Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.15.1
Permitted Uses
- Existing Uses as of the day this By-law was passed
5.15.2
Zone Requirements
Minimum Lot Frontage....... ....................................60 m [196.9 ft]
Minimum Yard Requirement (All Yards)..... ...................12 m [39.4 ft]
5.15.3
Special Exception Zones