Municipality of Red Lake Zoning By-Law (By-Law 1930-14)
Red Lake, Ontario
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PREPARED FOR:
IN ASSOCIATION WITH:
The Corporation of the
Municipality of Red Lake
Municipal Office
P.O. Box 1000
2 Fifth Street
Balmertown, Ontario
P0V 1C0
CGIS Spatial Solutions
52 South Street
Perth, ON K7H 2G7
T: 613.368.4321
PREPARED BY:
FOTENN Consultants Inc.
Planning & Urban Design
223 McLeod Street,
Ottawa, ON K2P 0Z8
T: 613.730.5709 ext. 248
F: 613.730.1136
www.fotenn.com
Municipality of Red Lake Zoning By-Law
November 16, 2015
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SECTION 1 Administration and Interpretation ..................................................................................... 6
1.1
Title .............................................................................................................................................. 6
1.2
Applications and Plans ................................................................................................................ 6
1.3
Defined Area ................................................................................................................................ 6
1.4
Enforcement and Administration ................................................................................................ 7
1.5
Inspection of Land, Buildings and Structures .............................................................................. 7
1.6
Penalty .......................................................................................................................................... 7
1.7
Repeal and Relationship to Former By-Laws ................................................................................ 7
1.8
Validity ......................................................................................................................................... 8
1.9
Application of Other By-Laws ...................................................................................................... 8
1.10
Licenses and Permits ................................................................................................................... 8
1.11
Conflict ........................................................................................................................................ 8
1.12
Interpretation.............................................................................................................................. 8
1.13
Effective Date .............................................................................................................................. 9
1.14
Cumulative Standards ................................................................................................................. 9
1.15
More Than One Zone Applying to a Property .............................................................................. 9
1.16
Continuation of Other Legislation/Regulations .......................................................................... 9
1.17
Compliance with Zoning By-Law ................................................................................................ 10
1.18
Zone Requirements for Uses not in Buildings or Structures ...................................................... 10
1.19
Changes to the Zoning By-Law ................................................................................................... 10
SECTION 2 Definitions .......................................................................................................................... 11
SECTION 3 General Provisions ............................................................................................................ 44
3.1
Application ................................................................................................................................ 44
3.2
Accessory Uses, Buildings and Structures ................................................................................. 44
3.3
Accessory Residential Uses ........................................................................................................ 46
3.4
Automobile Service Stations and Gasoline Bars........................................................................ 49
3.5
Bed and Breakfast Establishments ............................................................................................ 49
3.6
Buffer Strips .............................................................................................................................. 50
3.7
Buildings to be Moved ................................................................................................................ 51
3.8
Corner Lot Sight Restrictions ..................................................................................................... 51
3.9
Dangerous Uses .......................................................................................................................... 51
3.10
Drive-through Facilities .............................................................................................................. 51
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3.11
Dwelling Unit Floor Areas ........................................................................................................... 52
3.12
Existing Vacant Lots ................................................................................................................... 52
3.13
Group Homes .............................................................................................................................. 53
3.14
Height Exceptions....................................................................................................................... 53
3.15
Home Based Businesses .............................................................................................................. 53
3.16
Loading Spaces .......................................................................................................................... 56
3.17
Main Building on a Lot and Mixed Use Buildings ....................................................................... 58
3.18
Non-complying and Non-conforming Uses, Buildings Structures and Lots .............................. 58
3.19
Obnoxious Uses ..........................................................................................................................59
3.20
Occupancy of Vehicles and Partially Completed Buildings .........................................................59
3.21
Parks, Paths, Streets and Heritage Sites ................................................................................... 60
3.22
Parking and Drive-through Facility Requirements .................................................................... 60
3.23
Outdoor Patios .......................................................................................................................... 64
3.24
Public Uses Permitted ............................................................................................................... 65
3.25
Services Required ...................................................................................................................... 65
3.26
Special Setbacks and Separation Distances .............................................................................. 65
3.27
Special Temporary Uses .............................................................................................................67
3.28
Storage Containers .................................................................................................................... 68
3.29
Street Frontage Requirements.................................................................................................. 68
3.30
Structures in Water ................................................................................................................... 69
3.31
Yard Encroachments ................................................................................................................. 69
SECTION 4 Zones and Zoning Maps ..................................................................................................... 71
4.1
Zone Classification ...................................................................................................................... 71
4.2
Use of Zone Symbols .................................................................................................................. 71
4.3
Interpretation of Zone Boundaries ............................................................................................ 72
SECTION 5 Townsite Residential Density 1 (R1) Zone ......................................................................... 73
5.1
Permitted Uses ........................................................................................................................... 73
5.2
Zone Requirements .................................................................................................................... 73
5.3
Additional Provisions ................................................................................................................. 74
5.4
Site Specific Provisions ............................................................................................................... 74
5.5
Site Specific Holding Zones......................................................................................................... 74
SECTION 6 Townsite Residential Density 2 (R2) Zone........................................................................ 76
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6.1
Permitted Uses ...........................................................................................................................76
6.2
Zone Requirements ....................................................................................................................76
6.3
Additional Provisions ................................................................................................................. 77
6.4
Site Specific Provisions ............................................................................................................... 77
SECTION 7 Mobile Home Residential (R3) Zone ................................................................................. 79
7.1
Permitted Uses ........................................................................................................................... 79
7.2
Zone Requirements .................................................................................................................... 79
7.3
Additional Provisions ................................................................................................................. 79
SECTION 8 Rural Residential (R4) Zone ............................................................................................. 80
8.1
Permitted Uses .......................................................................................................................... 80
8.2
Zone Requirements ................................................................................................................... 80
8.3
Additional Provisions ................................................................................................................ 80
8.4
Site Specific Provisions .............................................................................................................. 80
SECTION 9 Recreational Residential (R5) Zone.................................................................................. 82
9.1
Permitted Uses ........................................................................................................................... 82
9.2
Zone Requirements .................................................................................................................... 82
9.3
Additional Provisions ................................................................................................................. 82
9.4
Site Specific Provisions ............................................................................................................... 82
SECTION 10 Townsite Commercial (C1) Zone ..................................................................................... 84
10.1
Permitted Uses .......................................................................................................................... 84
10.2
Zone Requirements ................................................................................................................... 84
10.3
Additional Provisions ................................................................................................................ 85
10.4
Site Specific Provisions .............................................................................................................. 86
SECTION 11 Local Commercial (C2) Zone ............................................................................................ 87
11.1
Permitted Uses ...........................................................................................................................87
11.2
Zone Requirements ....................................................................................................................87
11.3
Additional Provisions .................................................................................................................87
SECTION 12 Highway Commercial (C3) Zone ...................................................................................... 89
12.1
Permitted Uses .......................................................................................................................... 89
12.2
Zone Requirements ................................................................................................................... 89
12.3
Additional Provisions ................................................................................................................ 90
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12.4
Site Specific Provisions .............................................................................................................. 90
12.5
Site Specific Holding Zones......................................................................................................... 91
SECTION 13 Rural Commercial (C4) Zone ............................................................................................92
13.1
Permitted Uses ........................................................................................................................... 92
13.2
Zone Requirements .................................................................................................................... 92
13.3
Additional Provisions ................................................................................................................. 92
13.4
Site Specific Provisions .............................................................................................................. 93
SECTION 14 Light Industrial (M1) Zone ............................................................................................... 94
14.1
Permitted Uses .......................................................................................................................... 94
14.2
Zone Requirements ................................................................................................................... 94
14.3
Additional Provisions .................................................................................................................95
14.4
Site Specific Provisions ...............................................................................................................95
SECTION 15 General Industrial (M2) Zone .......................................................................................... 96
15.1
Permitted Uses .......................................................................................................................... 96
15.2
Zone Requirements ................................................................................................................... 96
15.3
Additional Provisions ................................................................................................................. 97
SECTION 16 Heavy Industrial (M3) Zone ............................................................................................ 98
16.1
Permitted Uses .......................................................................................................................... 98
16.2
Zone Requirements ................................................................................................................... 98
16.3
Additional Provisions ................................................................................................................ 98
16.4
Site Specific Provisions .............................................................................................................. 99
SECTION 17 Extractive Industrial (MX) Zone ..................................................................................... 100
17.1
Permitted Uses ......................................................................................................................... 100
17.2
Zone Requirements .................................................................................................................. 100
17.3
Additional Provisions ............................................................................................................... 100
SECTION 18 Mineral Mining (MM) Zone ............................................................................................ 101
18.1
Permitted Uses ..........................................................................................................................101
18.2
Zone Requirements ...................................................................................................................101
18.3
Additional Provisions ................................................................................................................101
18.4
Site Specific Provisions ............................................................................................................. 102
SECTION 19 Open Space (OS) Zone.................................................................................................... 103
Municipality of Red Lake Zoning By-Law
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19.1
Permitted Uses ......................................................................................................................... 103
19.2
Zone Requirements .................................................................................................................. 103
19.3
Additional Provisions ............................................................................................................... 103
SECTION 20 Institutional (I) Zone...................................................................................................... 104
20.1
Permitted Uses ......................................................................................................................... 104
20.2
Zone Requirements .................................................................................................................. 104
20.3
Additional Provisions ............................................................................................................... 104
20.4
Site Specific Provisions ............................................................................................................. 105
SECTION 21 Natural Resources (NR) Zone ......................................................................................... 106
21.1
Permitted Uses ......................................................................................................................... 106
21.2
Zone Requirements .................................................................................................................. 106
21.3 Additional Provisions ................................................................................................................ 106
SECTION 22 Hazard Land (HL) Zone .................................................................................................. 108
22.1
Permitted Uses ......................................................................................................................... 108
22.2
Zone Requirements .................................................................................................................. 108
22.3
Additional Provisions ............................................................................................................... 108
22.4
Site Specific Provisions ............................................................................................................. 108
SECTION 23 Environmental Protection (EP) Zone ............................................................................ 109
23.1
Permitted Uses ......................................................................................................................... 109
23.2
Zone Requirements .................................................................................................................. 109
23.3
Additional Provisions ............................................................................................................... 109
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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 1930-14 of the Corporation of
the Municipality of Red Lake.
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 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, height and dimensions of yards, landscaping, parking areas and
loading spaces required by this By-Law;
d. The location of all existing buildings or structures on the lot, including the lot area and
lot coverage of existing and proposed structures;
e. A statement, signed by the owner disclosing the exact 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;
f. Locations of buildings, structures, sewage disposal systems and/or wells on abutting
properties;
g. The average slope for the proposed building envelope;
h. Where the proposed building is to be used for a sensitive land use, the location of all
livestock facilities within 1 km (0.62 mi) of the proposed use;
i.
Any other information as may be required to determine compliance with 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 Municipality of Red Lake.
SECTION 1
Administration and Interpretation
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1.4 Enforcement and Administration
This By-Law shall be enforced by the Chief Building Official and enforced and administered
by 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.
1.5 Inspection of Land, Buildings and Structures
1. Subject to Section 49 of the Planning Act, 1990, where an officer believes on reasonable
grounds that a By-Law passed under Section 34 or 38 (of the Planning Act) is being
contravened, the officer or any person acting under his or her instructions, may at all
reasonable times, and upon producing proper identification, enter and inspect any property
on or in respect of which he or she believes the contravention is occurring.
2. Except under the authority of a search warrant issued under Section 49.1 (of the Planning
Act), an officer or any person acting under his or her instructions shall not enter any room or
place actually used as a dwelling unit without requesting and obtaining the consent of the
occupier, first having informed the occupier that the right of entry may be refused and entry
made only under the authority of a search warrant.
3. No person shall obstruct or attempt to obstruct an officer or person acting under the
officer's instructions in the exercise of a power under this Section.
1.6 Penalty
1. 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.
2. Where a corporation is convicted under subsection (1), the maximum penalty that may be
imposed is Fifty Thousand Dollars ($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.
3. 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 person or of the
Corporation pursuant to the provisions of the Municipal Act or the Planning Act.
1.7 Repeal and Relationship to Former By-Laws
Insofar as they apply to the lands affected by this By-Law, any By-Laws passed under Section
34 of the Planning Act, 1990, or a predecessor thereof, are hereby repealed except as
follows:
Notwithstanding any other provision of this By-Law, in the case of the following lands: Lots
Municipality of Red Lake Zoning By-Law
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15, 16, 17 and 18, Plan 23M-931, shown as "Special Zone" on Schedule 3 of this By-Law, the
provisions of By-Law 817-07, as amended by By-Law 1243-09, shall continue to apply as if this
By-Law had not been enacted and the enactment of this By-Law shall not derogate from the
jurisdiction of the Ontario Municipal Board in respect of appeals of the said amending By-
Law 1243-09 and proceedings relating thereto.
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.
1.8 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 remaining
provisions of this By-Law as a whole or any part thereof other than the part declared to be
invalid.
1.9 Application of Other By-Laws
Nothing in this By-Law shall exempt any person from complying with the requirements of
any other By-Law in force within the area affected by this By-Law, or from applying for and
obtaining any permit, license, permission, authority or approval required by this or any other
By-Law or regulation of the Corporation or by any other law in force from time to time.
1.10 Licenses and Permits
No municipal permit, certificate or license shall be issued where the said permit is required
for a proposed use of land or a proposed erection, alteration, enlargement or use of any
building or structure that is in violation of any provisions of this By-Law.
1.11 Conflict
In the event of conflict between this By-Law and amendments thereto, and any general or
special By-Law or regulations or requirements of any department of government, the most
restrictive By-Law or regulation shall prevail.
1.12 Interpretation
1. Definitions
For the purpose of this By-Law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 of this By-Law shall apply. All terms shown in bold
italicized font (e.g. hotel, place of amusement, alter, interior side yard) in this By-Law are
defined in Section 2.
2. 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 Municipality of Red Lake"), its short title ("Municipality of Red
Lake Zoning By-Law") or its By-Law number (By-Law 1930-14), and any such citation is to be
taken as meaning the By-Law as amended.
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3. Gender Neutrality
This By-Law is gender neutral and, accordingly, any reference to one gender includes the
other.
4. Plural and Singular
In this By-Law, words in the singular include the plural, and words in the plural include the
singular.
5. References
Appendices, footnotes, glossaries, 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.
6. Measurement Units
This By-Law utilizes the metric system to establish measurements when such measurements
form part of a regulation or a requirement. In the case of a conflict between the stated
metric and the imperial measurements, the metric measurement shall apply. (Imperial
measurements are provided for the convenience of the reader.)
7. Meaning of 'Shall'
In this By-Law, the word 'shall' means it is mandatory, 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.
1.13 Effective Date
This By-Law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act.
1.14 Cumulative Standards
Notwithstanding anything contained in this By-Law, where any land, building or structure is
used for more than one (1) purpose, all provisions of this By-Law relating to each use shall be
complied with. (Example: Where a lot is to be developed for an office, restaurant and retail
store, the number of parking spaces required would include the combined total of each
separate commercial use's required parking spaces.)
1.15 More Than One Zone Applying to a Property
Where a lot is divided into more than one (1) 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.
1.16 Continuation of Other Legislation/Regulations
The enactment of this By-Law does not affect the right of the Corporation of the
Municipality of Red Lake to prosecute any violation of the previous By-Law(s), if the
violation occurred while the By-Law(s) was in effect.
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1.17 Compliance with Zoning By-Law
No person shall change the use of any building, structure or land or erect or use any building
or structure or occupy any land or building except in accordance with the provisions of this
By-Law.
Any use not specifically permitted by this By-Law shall not be permitted in the Municipality
of Red Lake.
1.18 Zone Requirements for Uses not in Buildings or Structures
Where a use does not take place within a building or structure, but a regulation in this By-
Law imposes a requirement premised on the use being in a building or structure, the
requirement applies as though the actual area occupied by the use was in the building.
1.19 Changes to the Zoning By-Law
Changes to the requirements contained in this By-Law may be made with prior approval
from the Municipality as provided for under the Planning Act. Significant changes may
require an amendment to the Zoning By-Law. Minor variances to the By-Law may be granted
by the Municipality. Minor variances and Zoning By-Law Amendments must comply with the
Municipality of Red Lake Official Plan.
The Committee of Adjustment is authorized under Section 45(1) of the Planning Act to grant
minor variances from the provisions of this By-Law where, in the opinion of the Committee,
the variance:
a.
is desirable for the appropriate development or use of the land, building or
structure;
b.
the variance is minor;
c.
the general intent and purpose of the Zoning By-Law is maintained; and
d.
the general intent and purpose of the Official Plan is maintained.
Where a proposed variance from the By-Law does not satisfy the above four criteria, an
amendment to the By-Law is required to permit the variance. The Council of the Municipality
of Red Lake is authorized to permit amendments to the Zoning By-Law in accordance with
Section 34 of the Planning Act.
In addition, under Section 45(2) of the Planning Act the Committee of Adjustment is also
authorized to permit the enlargement or extension of legal non-conforming uses and to
permit the use of non-conforming land, buildings or structures for a purpose that, in the
opinion of the Committee, is similar to the purpose for which it was used on the day use
began legal non-conforming or is more compatible with the uses permitted by the Zoning
By-law than the purpose for which it was used on the day the use began legal non-
conforming.
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SECTION 2
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
For the purpose of this By-Law, all words shall carry their customary meaning except those defined
hereafter:
Accessory
When used to describe a use, building, structure or activity, shall mean a use, building, structure or
activity naturally or normally incidental, subordinate and exclusively devoted to a main use, building,
structure or activity and located on the same lot therewith. (Examples of accessory buildings or
structures are a detached garage, a storage shed, a guest cabin or a swimming pool. Examples of
accessory uses are a home based business or a retail outlet within a manufacturing plant.)
Accessory Building - see Accessory
Accessory Dwelling - see Dwelling - Accessory
Accessory Structure - see Accessory
Accessory Use - see Accessory
Adult Entertainment Establishment
Shall mean a building or structure designed, used or intended for use in the pursuance of any trade,
calling, business or occupation, for the purpose of a live performance, exhibition or activity
designed to appeal to erotic or sexual appetites or inclinations, a principal feature or characteristic
of which is the nudity or partial nudity of any person, and without restricting the generality of the
foregoing, includes any performance, exhibition, or activity involving striptease dancers, go-go
dancers, exotic dancers, wet clothing contests or best body parts contests and additionally includes
a body-rub parlour but not an establishment offering massage therapy.
Aggregate
Shall mean gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock
other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite,
mine tailings or other material prescribed under the Mining Act.
Aggregate Pit
Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of open excavation and includes the processing
thereof for commercial purposes including screening, sorting, wading, crushing and other similar
operations together with required buildings and structures, but does not include a wayside pit.
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Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
a. the growing of crops, including all related activities such as soil preparation, manure or
fertilizer storage and application, planting, spraying, grain drying, irrigating, harvesting and
also including the storage and sale of the crops;
b. animal husbandry including the raising, boarding, and keeping of all forms of livestock and
fish (not including domestic animals such as dogs or cats), and all related activities such as
breeding, training, feeding, manure storage and grazing;
c. the production of animal products such as milk, eggs, wool, fur, or honey, including related
activities such as the collection, storage and sale of the products but does not include the
production of eggs for personal consumption;
d. the use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
e. Agricultural use shall not include commercial activities related to agriculture such as
abattoirs, tanneries and retail sales outlets, or manufacturing and processing activities
involving farm crops or animal products such as cheese factories, grain mills or retail seed
sales, but shall include the production and incidental sale of maple syrup.
Airport or Aircraft Landing Area
Shall mean the use of land, including water, runway or other facility designed, used or intended to
be used either publicly or by any person or persons for the landing or taking off of aircraft, including
all necessary taxiways, aircraft storage, tie-down areas, hangars, airport terminal and other
necessary buildings, structures and open spaces. Accessory commercial uses shall be permitted.
Aisle
Shall mean the travelled way by which motor vehicles enter and depart parking spaces.
Alter
a. When used in reference to a building, structure or part thereof, shall mean:
i. to change any one or more of the 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:
i. to change the boundary of such lot with respect to a street or lane; or
ii. to change any dimension or area, relating to such lot; or
iii. to change the use of such lot or the number of uses located thereon.
c. When used in reference to a shoreline, shall mean to change, straighten, divert or interfere
in any way with the channel of any watercourse or the lands surrounding the high water
mark of a waterbody.
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Animal Hospital
Shall mean a building or part thereof where domestic animals or household pets are given
temporary indoor shelter, accommodation and treatment and includes, without limiting the
generality of the foregoing, a veterinary facility, but does not include any kennel or establishment
engaged primarily in the retail sale of animals or in breeding or training animals for gain or profit.
Apartment
Shall mean a dwelling unit that occupies only part of a building. Apartments may be located in a
building with other apartment dwelling units or in a building with other uses (e.g. commercial uses).
Apartment Building - see Dwelling, Apartment Building
Arena
Shall mean a building or structure, or part thereof, owned or operated by a private club, a non-profit
or charitable institution, or a public agency, where facilities are provided primarily for athletic or
recreational activities, entertainment or events. An outdoor skating rink shall not be classified as an
arena.
Art Gallery
Shall mean a building, part thereof or area where paintings, sculptures or other works of art are
exhibited and/or sold.
Asphalt / Concrete / Ready Mix Batching Plant
Shall mean an establishment used for the production of asphalt, concrete, ready mix products used
in the building or construction and includes facilities for the administration and management of the
business, the stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance required equipment.
Assembly Hall - see Place of Assembly
Attached
Shall mean a building or structure otherwise complete in itself which is connected to, and which
depends for structural support, or complete enclosure, upon a division wall or walls shared in
common with an adjacent building or buildings.
Automobile Body Repair Shop
Shall mean a building or part thereof with at least one (1) service bay, where repairs or alterations
are made to the body or paint work of motor vehicles, including cars, trucks, recreational vehicles,
trailers and water vehicles, for remuneration, but shall not include a salvage yard.
Automobile Rental Establishment
Shall mean the use of land, building or structure, or part thereof, where commercial motor vehicles
or parts for such vehicles are stored and displayed for the purpose of rental.
Automobile Repair Garage
Shall mean a building or part thereof used for the storage, repair and servicing of vehicles, having at
least one (1) service bay where repairs essential to the actual operation of a vehicle are performed
for remuneration.
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Automobile Sales Establishment
Shall mean a place where new or used motor vehicles are displayed and sold at retail or leased.
Automobile Service Station
Shall mean a place or a clearly defined space on a lot used primarily for the retail sale of lubricating
oils, gasoline, diesel fuel and propane for vehicles and may include the sale of automobile
accessories, and may include services and repairs essential to the operation of vehicles.
Back Lot
Shall mean a lot separated from a waterbody or watercourse by a road and/or at least one (1) lot
that has direct frontage on a waterbody or watercourse.
Bakery
Shall mean a building or part thereof for producing, mixing, compounding or baking bread, biscuits,
cakes or other baked products and may include an accessory retail store which sells goods
manufactured on the premises.
Bank
Shall mean an establishment in a building or part thereof where money is deposited, kept, lent or
exchanged.
Barn - see Livestock Facility
Barrier-Free Parking Space - see Parking Space, Barrier Free
Basement
Shall mean that portion of a building which is partly underground, and which is more than 50
percent below the adjacent established grade.
Bed and Breakfast Establishment
Shall mean an establishment accessory to the main residential use of a single-detached dwelling in
which no more than three (3) bedrooms or one (1) less than the total number of bedrooms in the
dwelling unit, whichever is lesser, are used to provide overnight accommodation, for profit or gain,
with or without meals, to the traveling or vacationing public.
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Biofuel Plant
Shall mean an industrial facility which produces a solid, liquid or gaseous fuel from biological
material.
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.
Boarding House
Shall mean a building or portion thereof in which the proprietor supplies, for gain or profit, lodging,
meals or both, and where each guest room does not contain kitchen or washroom facilities, but may
include kitchen and/or washroom facilities within the building. This definition shall not include a
hotel, motel, hospital, home for the young or the aged, group home, crisis housing, institution or bed
and breakfast establishment, or a restaurant accommodating the general public.
Boat House
Shall mean a structure, accessory to a main permitted use, constructed for the purpose of storing
boats and boat accessories but shall not include a dwelling.
Boat Launch
Shall mean an area of land adjacent to a waterbody or watercourse that is used to launch and
remove water vehicles from the water. Boat launches may be public or private.
Buffer Strip
Shall mean an area of land intended to separate two (2) adjacent land uses of properties from one
another, and used for no other purpose than for the erection of a fence, or the planting and
maintaining of a continuous row of
natural evergreens or a continuous un-
pierced hedgerow of natural shrubs,
and the remainder of which is to be
used for landscaped open space.
Building
Shall mean a structure, whether
temporary or permanent, consisting of
a wall, roof and floor or any of them
used or intended for sheltering any use
or occupancy, but shall not include a
fence on a boundary wall. The word
'building' shall include the whole of
such structure or part thereof and shall
include any building types as regulated
by the Ontario Building Code.
Building Envelope
Shall mean the building area on a lot, as defined by all the required yards and setbacks applying to
such lot and/or building or structure, within which a building or structure can be erected.
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Building, Main
Shall mean the building or structure in which is conducted the principal use for which the lot is used.
Building Official - see Chief Building Official
Building Supply Outlet
Shall mean a commercial place used for the wholesale or retail sale of building or construction
supplies or accessories including lumber, millwork, cement, siding, roofing, plumbing, electrical,
heating, cooling or ventilation supplies. This definition shall not include a lumber yard or a salvage
yard.
Building, Temporary - see Temporary Building
Built - see Erect
Bulk Sales Establishment
Shall mean the use of land for the purpose of storing, buying and selling coal, fuel, oil, propane,
wood, lumber, building materials, ice and allied chemicals but does not include any manufacturing,
assembling or processing uses.
Call Centre
Shall mean a building or part thereof where incoming and/or outgoing calls are handled by people,
telephones and computers which are related to customer support, credit services, card services,
telemarketing, interactive voice response or similar services.
Camp (Hunt Camp, Fishing Camp)
Shall mean a building or structure intended to provide basic shelter and accommodation on a
temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or
other similar forms of recreation.
Campground
Shall mean an area used for a range of overnight camping experiences, from tenting to serviced
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travel trailer sites, including accessory facilities which support the use, such as administration
offices, laundry facilities, but not including the use of mobile homes or trailers on a year-round basis.
Car Shelter - see Temporary Shelter
Carport
Shall mean a partially enclosed structure with at least 40 percent of the total perimeter open and
unobstructed which intended or which is used for the sheltering of one (1) or more vehicles and that
is attached to a building.
Car Wash
Shall mean a building or structure, or part thereof, containing manual or automated facilities for
washing or cleaning vehicles, but does not include any other automotive use defined herein. A car
wash may be accessory to a main permitted automotive-related commercial use (e.g. automotive
service station).
Catering Establishment
Shall mean a commercial establishment in which food and beverages are prepared for consumption
off the premises and are not served to customers on the premises or for take-out.
Cemetery
Shall mean land set aside to be used for the interment of human remains and includes a mausoleum,
columbarium or other building or structure intended for the interment of human remains.
C.G.V.D.
Shall mean Canadian Geodetic Vertical Datum.
Chief Building Official
Shall mean an officer or employee of the Corporation of the Municipality of Red Lake appointed to
enforce the provisions of the Building Code Act.
Chip Wagon
Shall mean a structure or a converted vehicle located on a lot where food products and beverages
are prepared and sold to the public.
Cinema - see Theatre
Clinic
Shall mean a building or part thereof that is used or intended for use by physicians, dentists,
chiropractors and/or drugless practitioners, or any two (2) or more of them, as well as their staff and
patients, for the purpose of consultation, diagnosis and office treatment along with an associated
pharmacy.
Commercial Greenhouse
Shall mean a commercial place used for the growing of flowers, vegetables, shrubs, trees, and
similar vegetation for wholesale or retail sale. This definition shall not include any premises for the
growing of mushrooms.
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Commercial Use
Shall mean the use of land, building or structure primarily for the purpose of buying, renting and/or
selling commodities or the supplying of services for remuneration, gain or profit directly to the
public, and includes but is not limited to retail sales, entertainment services and personal or
professional services.
Commercial Zone
Shall mean the Townsite Commercial (C1), Local Commercial (C2), Highway Commercial (C3) and
Tourist Commercial (C4) zones.
Community Centre
Shall mean place used for community activities, the ownership and/or maintenance of which is
vested with the Municipality or other organization for non-commercial purposes. Without limiting
the generality of the foregoing, community centres may include parks and open space, sports fields,
skateboard parks, playgrounds, courts, gymnasiums, places of assembly, swimming pools, facilities
for indoor and outdoor recreational, social or cultural activities.
Container - see Storage Container
Contractor's Yard
Shall mean a place used by a building contractor or company as a depot for storage and
maintenance of equipment used by the contractor or company, and, without limiting the generality
of the foregoing, 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 activities such as the
crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building
supplies or home improvement supplies.
Convenience Store
Shall mean a commercial establishment in a building or part thereof that sells convenience goods
and items of day-to-day personal or household use or necessity including food, beverages, on-the-
shelf pharmaceutical drugs, limited hardware products, tobacco products, periodicals and other
such products.
Corporation
Shall mean the Corporation of the Municipality of Red Lake
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.
Cottage - see Dwelling, Recreational
Council
Shall mean the Council of the Corporation of the Municipality of Red Lake.
Coverage - see Lot Coverage
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Day Care Centre
Shall mean an establishment governed by the Day Nurseries Act that receives six (6) or more children
who are not of common parentage, primarily for the purpose of providing temporary care, or
guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four
(24) hours, where the children are:
a. under eighteen years of age in the case of a day care centre for children with a
developmental disability, and
b. under ten (10) years of age in all other cases.
Deck
Shall mean a structure abutting a building which is constructed on piers or a foundation above-
grade for use as an outdoor leisure area.
Detached
When used in reference to a building or structure, shall mean a building or structure which is not
dependent on any other building or structure for structural support or enclosure.
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 authorized under an
environmental assessment process, works subject to the Drainage Act, or underground or surface
mining of minerals or advanced exploration on mining lands.
Dock, Floating
Shall mean an accessory structure used for the mooring of water vehicles and airplanes and the
transferring of goods or passengers to or from a water vehicle or airplane and which is designed to
float freely on the surface of the waterbody and which may be secured to the shoreline.
Dock, Permanent
Shall mean an accessory structure used for the mooring of water vehicles and airplanes and the
transferring of goods or passengers to or from a water vehicle or airplane and which is secured to
the shoreline and/or the bottom of the waterbody by concrete, metal or wood pillars or such other
foundation, the design of which facilitates the construction of a more or less permanent structure.
Dormitory
Shall mean a dwelling unit used to provide permanent or temporary lodging accommodation to
employees of an industrial or resource-based (e.g. forestry, mining) establishment or students
attending a school, and, without limiting the generality of the foregoing, may include such facilities
as an administrative office, cafeteria, recreational hall and living units, and where each living unit
may contain washroom and kitchen facilities.
Driveway
Shall mean a vehicular access connected to only one (1) public street or private road or
thoroughfare, which provides ingress to and/or egress from a lot, and may include a shared
driveway but shall not include a lane as defined herein.
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Drive-through Facility
Shall mean a premises used to provide or dispense products or services through an attendant or a
window or an automated machine, to persons remaining in vehicles that are in designated queuing
space, and may be in combination with other land uses.
Dwelling
Shall mean a building, or part thereof in the case of a mixed-use building, that is used or designed to
be occupied exclusively as a home or residence and where one (1) or more persons may sleep and
prepare and serve meals, but shall not include hotels, motels, boarding houses or institutional uses.
A dwelling contains one (1) or more dwelling units.
Dwelling, Accessory
Shall mean a dwelling that is incidental, subordinate and exclusively devoted to a main use
and is located on the same lot as the main use, building or structure.
Dwelling, Apartment Building
Shall mean a building that contains four (4) or more
dwelling units and that has one (1) or more common
entrances from street level and may be served by
common corridors, and the occupants of such apartment
building dwelling have the right to use in common, the
corridors, stairs, elevators, yards and such similar facilities and equipment. An apartment
building dwelling shall not include any other type of dwelling defined in this By-Law.
Dwelling, Modular
Shall mean a pre-fabricated dwelling unit, constructed to C.S.A. A277 standards or its
successor standard, occupied or designed for occupancy by one or more persons on a
permanent basis, designed to be transported in separate sections and joined together as
integral units to form one dwelling unit and placed on a permanent foundation, but shall not
include a mobile home, a park model trailer, or a single-detached dwelling constructed on-
site.
Dwelling, Mobile Home
Shall mean a pre-fabricated dwelling unit, constructed to C.S.A. Z240 standards or its
successor standard, occupied or designed for occupancy by one or more persons on a
permanent basis, designed to be towed on a trailer on its own chassis, as a whole or in
separate sections to be joined together to form one dwelling unit and placed on a
permanent foundation, but shall not include a park model trailer or a trailer otherwise
designed or a modular home or single-detached dwelling constructed on-site.
Dwelling, Multi-unit
Shall mean a building containing 2 or more dwelling units
but excludes any other dwelling as may be defined herein.
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Dwelling, Recreational
Shall mean a one-unit dwelling which is used for intermittent residential occupancy for the
enjoyment of the surrounding natural environment and such dwelling shall be not used for
continuous habitation or as a permanent or principal residence of the owner or occupier
thereof.
Dwelling, Row or Townhouse
Shall mean a building consisting of a series of three (3) or more
dwelling units, but not more than eight (8) units, in a continuous
row divided vertically into separate units by common walls above
grade, and where each unit has an independent principal entrance.
Dwelling, Semi-detached
Shall mean a building on a single foundation that is divided vertically into
two (2) separate dwelling units that have no direct access between each
other, each unit of which has an independent principal entrance, either
directly or through a common vestibule.
Dwelling, Single-detached
Shall mean a detached building containing one (1) dwelling unit that is designed, used and
intended to be used for occupancy as a single dwelling unit. This definition may include a
modular dwelling but shall not include a mobile home as defined herein.
Dwelling, Stacked-Row or Townhouse
Shall mean a building of containing four or more dwelling units where the
units in each pair are divided horizontally, and the pairs are divided vertically,
and in which each dwelling unit has an independent entrance to the interior.
Dwelling Unit
Shall mean a building or a portion thereof, depending on the type of dwelling, occupied or capable
of being occupied as the home or residence of one (1) or more persons, where food preparation and
sanitary facilities are provided, but shall not include a hotel, motel, rental cottage or cabin, or similar
commercial use of a private or semi-private institution. Guest cabins, secondary dwelling units and
garden suites shall not be considered dwelling units.
Easement - see Right-of-way
Emergency Services Facility
Shall mean a place owned by a public authority and used for the storage of equipment and vehicles
associated with ambulatory, fire, and / or police services and may include administration offices,
detention facilities, training facilities, and other associated uses.
Equipment Rental Establishment
Shall mean a place wherein the primary use is the rental of machinery, equipment, furniture and
fixtures and other goods.
Erect
Shall mean to build, construct, reconstruct, alter or relocate and without limiting the generality
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of the foregoing shall be taken to include any preliminary physical operation such as excavating,
grading, or structurally altering any existing building or structure by an addition, deletion,
enlargement or extension. Erect shall also mean the movement of a building or structure from
one location to another.
Established Grade
Shall mean the average elevation of the finished level of the ground adjoining all of the exterior
walls of the building or structure exclusive of any artificial embankments or berms.
Existing
Shall mean existing as of the date of the final passing of this By-Law.
Exterior Side Lot Line - see Lot Line, Exterior Side
Exterior Side Yard - see Yard, Exterior Side
Farm Produce Outlet
Shall mean a use accessory to an Agricultural Use which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
Farmer's Market
Shall mean place where the farm products of a local farming community 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.
Fill Area
Shall mean the area of a waste management facility set aside for landfilling or dumping.
Fishing Camp - see Camp (Hunt Camp, Fishing Camp)
Floor Area, Gross
Shall mean the total area of all floors contained within a building or structure measured between
the exterior faces of the exterior walls of the building or structure, 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 total floor area of a building designed for tenant occupancy and exclusive use,
including basements, mezzanines, upper floors and other floors, as measured from the centerline of
shared partitions and from the interior face of the exterior walls of the building. Gross leasable floor
area does not include common mall areas and other common areas not designed or occupied by
tenants or sales areas.
Floor Area, Net
Shall mean the usable or habitable space above or below grade, measured from the exterior face of
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the exterior walls of the building or structure but shall not include:
a. any private garage, porch, veranda, and unfinished basement, cellar or attic;
b. any part of the building or structure below grade which is used for building services, storage
or laundry facilities;
c. any part of the building or structure used for the storage or parking of vehicles.
d. 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 room, and any automobile parking facilities provided within
the building.
Forestry Use
Shall mean the general raising, harvesting and storage of wood and wood products and without
limiting the generality of the foregoing shall include the raising, harvesting and storage of fuel
wood, pulpwood, lumber, Christmas trees and other forest products.
Frontage - see Lot Frontage
Fuel Depot
Shall mean an establishment primarily engaged in the bulk storage or distribution of petroleum,
gasoline, propane, diesel fuel, fuel oil, gas or other similar flammable products in fuel storage tanks.
Full Municipal Services
Shall mean a building or use connected to and serviced by the municipal sanitary sewage system and
the municipal drinking water system.
Funeral Home
Shall mean a building or part thereof, wherein undertaking services are offered and may include
accessory activities including the sale of caskets and facilities for public worship and service, but
shall not include facilities for cremation. A funeral home may include an accessory residential use.
Garage - Private
Shall mean an accessory building or portion of a main building which is designed or used for parking
or storage of one (1) or more vehicles of the occupants of the premises and in which there are no
facilities for repairing or servicing of such vehicles for profit. A detached garage is a private garage
that is not connected to a main building. Where a private garage is attached to a main building, it
shall not be considered an accessory building. A semi-detached garage is an accessory building
divided vertically into two (2) separate private garages by a common wall where each separate
private garage is located on separate, adjoining lots.
Garden Suite
Shall mean a one-unit detached residential structure containing washroom and kitchen facilities that
is ancillary to an existing residential structure, is designed to be portable, and is intended to be used
by an individual who requires housing close to a family member or caretaker due to their physical,
mental or psychological conditions, but are capable of living independently. For the purposes of this
By-Law, a garden suite shall not be considered a dwelling unit.
Gasoline Bar
Shall mean a place for one (1) or more pump islands each consisting of one (1) or more gasoline
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pumps or motor fuel pumps, and which such premises may include the accessory sale of
convenience items or food, and which such premises shall not be used for repairs, oil changes or
greasing of vehicles.
Golf Course
Shall mean a public or private area operated for the primary purpose of playing the sport of 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 a golf course.
Greenhouse
Shall mean a building used for the growing of flowers, plants, shrubs, trees and similar vegetation
which are not necessarily transplanted outdoors on the same lot containing such greenhouse.
Ground Floor
Shall mean the floor that is level with or immediately above grade.
Group Home
Shall mean a residence that is licensed or funded by the Province of Ontario for the provision of
accommodation in which three (3) to ten (10) residents, excluding staff or the receiving
housekeeping unit, live as a housekeeping unit under responsible supervision consistent with the
requirements of its residents, who by reason of their emotional, mental, social, physical condition or
legal status, require a group living arrangement for their well-being.
Gross Floor Area - see Floor Area, Gross
Gross Leasable Floor Area - see Floor Area, Gross Leasable
Guest Cabin
Shall mean a building that is accessory to a main dwelling and located on the same lot therewith,
and used only for the purposes of sleeping accommodation, and does not contain kitchen facilities
but may contain washroom facilities.
Hazard Lands
Shall mean those lands having inherent environmental hazards such as flood susceptibility, erosion
susceptibility, instability, mine tailings, hazardous sites or any other physical condition which would
be severe enough to pose a risk of loss of life and/or cause property damage and social disruption if
development were to take place upon such lands.
Hazardous Sites
Shall mean property or lands that could be unsafe for development and site alteration due to
naturally occurring hazards. These may include unstable soils (sensitive marine clays, organic soils)
or unstable bedrock (karst topography).
Height, Building
When used with reference to a building or structure, shall mean the vertical distance between the
horizontal plane through the established grade and a horizontal plane through:
a. the highest point on the roof surface, including parapet walls, in the case of a building or
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structure with a flat roof or a mansard roof;
b. the mid point between the base of the roof and the highest point of the roof surface in the
case of a roof having a slope of greater than 20 degrees;
c. the mid point between the eaves and ridges of the roof in the case of a roof type not
mentioned in subsections (a) or (b) above.
High Water Mark
Shall mean the mark made by the action of water under natural conditions on the shore or bank of a
waterbody or watercourse, 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 (See also shoreline).
Highway
Shall mean a public highway, street, lane or road under the jurisdiction of the Municipality of Red
Lake or the Province of Ontario. This definition shall not include a private right-of-way or private
lane.
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 by the occupant thereof and any
employees and is compatible with a domestic household. Home based businesses are categorized as
home industries and home occupations for the purposes of this By-Law (see also home occupation
and home industry).
Home Industry
Shall mean a type of home based business whose activities are conducted primarily within an
accessory building.
Home Occupation
Shall mean a type of home based business whose activities are conducted entirely within a dwelling
unit.
Hospital
Shall mean any institution, building or other premises or place that is established for the purposes of
the treatment of patients.
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Hotel
Shall mean a building designed or used for the accommodation of the travelling or vacationing
public, containing therein four (4) or more guest rooms served by a common building entrance.
Accessory uses may include, but are not limited to, accommodation for permanent staff and such
facilities as beverage rooms, dining rooms, meeting rooms, restaurants or similar uses.
Hunt Camp - see Camp
Industrial Uses, Light - Class I Industry
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. 'Light Industrial Uses' or 'Class I Industry' is a classification and other
uses defined in this By-Law may be classified as such.
Industrial Uses, Medium - Class II Industry
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. 'Medium
Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-Law may be
classified as such.
Industrial Uses, Heavy - Class III
Shall mean a place of business for uses characterized as having emissions such as noise, smoke,
odour, fumes or vibrations or extensive outside storage as part of their normal operations. Without
limiting the generality of the foregoing, such uses include sawmills, pulp and paper mills, refineries,
smelting operations and similar uses which are intended to be secluded from residential or other
sensitive land uses in order to limit any potential adverse effects on the environment or the
surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry' is a classification
and other uses defined in this By-Law may be classified as such.
Industry Storage
Shall mean a place for the storage of motor and water vehicles, trailers, farm or construction
machinery and equipment, and such other similar equipment, but does not include the storage of
scrap / salvage parts.
Influence Area
Shall mean the area or areas 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.
Interior Lot - see Lot, Interior
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Kennel
Shall mean a building, structure or premises or portion of any of the foregoing, used for the raising,
housing, breeding or training of four (4) or more domesticated animals over the age of four (4)
months. This definition shall not include an animal hospital or veterinary clinic.
Landscaped Open Space
Shall mean any uncovered or unenclosed area of land including grass, trees, flowers, shrubs, garden
together with decorative stonework or other landscape architectural elements located in any yard,
or in any inner or outer court, and includes paths, patios, play areas, decks, fields, walkways or
ramps for the disabled, but shall not include any parking spaces, parking lots, driveway or ramps for
motor vehicles.
Lane
Shall mean:
a. a subsidiary thoroughfare providing access from within a lot, principally from parking or
loading spaces or from a lot to a public street; or
b. a subsidiary public thoroughfare for the sole use of pedestrians and for connecting streets,
open spaces or buildings.
Laundromat
Shall mean a building or part thereof where coin-operated laundry machines are made available to
the public for the purpose of laundry cleaning.
Library
Shall mean a building or part thereof where educational material (e.g. books, films, music, audio-
visual, magazines) are made available for public display and are lent to the public.
Livestock Facility
Shall mean one (1) or more barns or permanent structures with livestock-occupied portions,
intended for keeping or housing of livestock. A livestock facility also includes all manure or material
storage and anaerobic digesters.
Loading Space
Shall mean a space or bay located on a lot or within a building which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise, or materials in connection with the use of the lot or any building thereon, and which
has unobstructed access to a street.
Long Term Care Facility
Shall mean a building providing residential accommodation primarily for retired persons where each
private bedroom or living unit has a separate private washroom and separate entrance from a
common hall but where common facilities for the preparation and consumption of food are
provided and common lounges, recreation rooms and medical care facilities may also be provided.
Lot
Shall mean a parcel or tract of land, which is capable of being legally conveyed in accordance with
the Planning Act as amended.
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Lot, Corner
Shall mean a lot situated at the intersection of, or abutting upon, two (2) or more streets,
provided that the angle of intersection of such streets is not more than 115 degrees and each
of which is at least 10 m (32.8 ft) wide. Where such adjacent sides are curved, the angle of
intersection of the adjacent sides shall be deemed to be the angle formed by the
intersection of the tangents to the street lines, drawn through the extremities of the interior
side lot lines.
Lot, Interior
Shall mean a lot, other than a corner lot, which is situated between adjacent lots and has
access to only one (1) street.
Lot, Through
Shall mean a lot bounded on two (2) sides by streets each of which is at least 10 m (32.8 ft)
wide or water, provided, however, that if any lot qualifies as being both a corner lot and a
through lot, such lot shall be conclusively deemed to be a corner lot.
Lot, Waterfront
Shall mean a lot that abuts a navigable waterway or body of water.
Lot, Water Access
Shall mean a lot that is provided access by a navigable waterbody or watercourse.
Lot Area
Shall mean the total horizontal area measured within the limits of the lot lines of a lot.
Lot Coverage
Shall mean the percentage of the lot area covered by the ground floor area of all buildings and
structures located on the lot, including all porches and verandahs, open or covered, but not
including steps, cornices, eaves, bay windows and similar projections, outdoor swimming pools,
open unenclosed terraces and patios at grade, and open parking areas.
Lot Depth
Shall mean the horizontal distance between the midpoints of the front and rear lot lines. Where
there is no rear lot line, lot depth shall mean the horizontal distance between the midpoint of the
front lot line and the apex of the triangle formed by the side lot lines.
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Lot Frontage
Shall mean the horizontal distance between the side lot lines of a lot measured at right angles along
the front lot line. Where such side lot lines are not parallel, lot frontage shall be the width of a lot
measured between the intersections of the side lot lines with a line back from and parallel or
concentric to the front lot line equal to the minimum front yard of the zone in which the lands are
located.
Frontage, Water
Shall mean the strip of land comprising part of a lot that directly abuts a waterbody or
watercourse. When used as an adjective, shall mean a lot or lands that has frontage on a
waterbody or watercourse.
Lot Line
Shall mean a boundary line of a lot.
Lot Line, Exterior Side
Shall mean a lot line located between the front and rear lot lines and dividing the lot from a
street.
Lot Line, Front
Shall mean:
a. in the case of an interior lot, the lot line dividing the lot from the street;
b. in the case of a corner lot, the shorter lot line abutting the street unless each lot line
is of equal length, in which case the front lot line shall be the lot line where the
principal access to the lot is provided;
c. in the case of a through lot, the front lot line shall be the lot line where the principal
access to the lot is provided; or
d. in the case of a lot fronting on a navigable waterway or a shoreline road allowance,
whether or not access is gained to the lot from a street or road, the front lot line shall
be the lot line closest to or adjacent to the navigable waterway. Such line shall be
determined by joining the points of intersection of the side lot lines and the high
water mark or original shoreline reserve, whichever is closer to the interior of the
lot.
Lot Line, Interior Side
Shall mean a lot line other than a front, rear or exterior side lot line.
Lot Line, Rear
Shall mean the lot line furthest from, and opposite to, the front lot line.
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Lumber Yard
Shall mean a place where the primary use is the storage of construction grade wood and building
supplies for sale at retail or wholesale.
Main Building - see Building, Main
Manure or Material Storage
Shall mean permanent storage, which may or may not be associated with a livestock facility
containing liquid manure (<18% dry matter), solid manure (≥ 18% dry matter), or digestate (> 18% dry
matter). Permanent storages may come in a variety of locations, materials, coverings, elevations,
configurations and shapes.
Marina
Shall mean a place consisting of docking facilities and located on a navigable waterway, where boats
and boat accessories are stored, serviced, repaired or kept for sale and where facilities for the sale
of marine fuels and lubricants may be provided.
Mine Hazard
Shall mean any feature on a mine as defined under the Mining Act or any related disturbance of the
ground that has not been rehabilitated.
Mineral Mining Operation
Shall mean a mining operation and associated facilities, or, a past producing mine with remaining
mineral development potential that has not been permanently rehabilitated to another use.
Miniature Golf Course
Shall mean a place operated for profit or gain as a commercial place of amusement in which facilities
are provided to simulate the game of golf or any aspect of the game on a small scale, but does not
include a golf ball driving range or golf course.
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Minimum Distance Separation Formulae I and II
Shall mean formulae developed by the Province to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities.
Mixed Use Building
Shall mean a building containing two (2) or more uses that are permitted in the zone in which the
mixed use building is located. For the purposes of this By-Law, the definition of mixed use building
shall not include a shopping centre.
Mobile Home - See Dwelling, Mobile Home
Mobile Home Park
Shall mean a lot or part of a lot under ownership of one (1) mobile home park operator which is
designed, used or intended to be used for the placement of mobile homes, and which consists of ten
(10) or more mobile home sites which are connected to full municipal sewer and water services.
Mobile Home Site
Shall mean a designated parcel of land within a mobile home park which is serviced and intended for
the placement of one (1) mobile home.
Motor Vehicle - see Vehicle
Municipal Drinking Water System
Shall mean a drinking water system or part of a drinking water system that is owned by the
Municipality of Red Lake.
Municipal Sewage Services - see Sewage Disposal and Water Systems
Municipal Water Services - see Sewage Disposal and Water Systems
Municipality
Shall mean the Corporation of the Municipality of Red Lake.
Museum
Shall mean an institutional place 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, natural, artistic, or historical interest, or other interests.
Net Floor Area - see Floor Area, Net
Non-complying
Shall mean an existing use that is permitted in the zone in which it is located that does not meet or
comply with the provisions of this By-Law.
Non-conforming
Shall mean a use, lot, building or structure which is existing but is not permitted in the zone in which
it is located.
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Nursery
Shall mean place for the growing of sod, flowers, bushes, trees, or other gardening, landscaping, or
orchard stock for wholesale or retail sale.
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 land or any building or structure on any such land is in
conformity with this By-Law.
Office
Shall mean a building, structure or part thereof used for the purpose of providing accommodation
for the performance and transaction of business including administrative, clerical and professional
activities (e.g. lawyer, doctor, dentist, architect, consultant, insurance, real estate, etc), but shall not
include the manufacturing of any product.
Official Plan
Shall mean the Official Plan of the Municipality of Red Lake planning area, or parts thereof, and
amendments thereto that may take place from time-to-time.
Open Space
Shall mean the open, unobstructed space on a lot including landscaped open space, pedestrian
walkways, patios, pools or similar areas but not including any driveway, ramp, parking spaces or
aisles, loading spaces or manoeuvring areas and similar areas.
Open Storage
Shall mean the storage of goods, merchandise, unlicensed motor vehicles or equipment in the open
and in unenclosed portions of buildings or structures, which are open to the air on one (1) or more
sides.
Outdoor Furnace
Shall mean an accessory structure that uses renewable energy sources such as wood and corn to
provide heat and hot water to buildings
Outdoor Patio
Shall mean a commercially operated outdoor premise, area, deck or set aside platform on the
ground floor; with or without a roof, a foundation, an attachment to a building, or direct access to
the ground, for use by patrons as part of a restaurant or tavern, in connection with and in addition
to, the operation of the indoor use that is contiguous to, which area is designed and intended to be
used seasonally as a sundeck.
Park
Shall mean any open space, facility or recreation area that is owned operated or maintained in whole
or in part by any public authority for public use with or without charge, and, without limiting the
generality of the foregoing, may include neighbourhood, community, regional and special parks or
areas such as Provincial Parks and National Parks with or without campground facilities. Parks may
include such equipment and facilities as playgrounds, fields, skateboard parks, rinks and courts. A
park may be part of a community centre or other uses defined herein.
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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, organization or corporation, operated on a
commercial and/or private member basis, and may include therein swimming, wading and boat
facilities, picnic area, ski area, gardens, refreshment rooms or other areas for recreational activities.
Such park may also include buildings and structures necessary for the use and operation of the park.
Parking Area
Shall mean an area designated for the temporary parking of vehicles and may include aisles, parking
spaces and related entrance and exit lanes, but shall not include any part of a street.
Parking Lot - see Parking Area
Parking Space
Shall mean a rectangular area designated and used for the temporary parking of one (1) motor
vehicle, exclusive of any aisles or driveways.
Parking Space, Barrier-free
Shall mean a rectangular area designated and used for the temporary parking of one (1) motor
vehicle used by a handicapped or disabled person, exclusive of any aisles or driveways.
Person
Shall mean any human being, any association, partnership, corporation, municipal corporation,
agent or trustee and the heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
Personal Service Establishment
Shall mean a place wherein a personal service is performed. This definition may include, but is not
limited to, businesses or services such as a barber shop, hair styling salon, shoe repair shop, tattoo
and piercing parlour, spa, tanning salon, dry cleaning outlet, tailor shop, dressmaker shop, massage
therapy service, photofinishing, picture framing, publishing and photocopying, but excludes any
manufacturing or fabrication of goods for sale.
Pharmacy - see Retail Store
Pit - see Aggregate Pit
Place
Shall mean lands, buildings and/or structures.
Place of Amusement
Shall mean place operated for commercial gain or profit wherein amusement facilities are provided
such as a video arcade or arcade, billiard or pool room, pinball machines, video games and bowling
alley, but does not include an adult entertainment establishment, casino or bingo hall.
Place of Assembly
Shall mean a place where facilities are provided for such purposes as meetings for civic, educational,
political or social purposes, and without limiting the generality of the foregoing, may include such
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facilities as a banquet hall or private club, but shall not include a place of worship or community
centre.
Place of Worship
Shall mean a place or an open area dedicated to religious worship and may include a manse or
rectory located on the same lot therewith, but does not include a manse or rectory that is
established on a separate lot.
Pool - see Swimming Pool
Portable
When used to describe a building or structure, shall mean a building or structure that is so designed
and / or constructed to be easily dismantled and removed.
Portable Asphalt Plant
Shall mean a facility with equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk
materials used in the process, and which is not permanent construction, but is designed to be
dismantled and moved to another location, as required.
Portable Concrete Plant
Shall mean a building or structure:
a. with equipment designed to mix cementing materials, aggregate, water and admixtures to
produce concrete, and includes stockpiling and storage of bulk materials used in the
process; and
b. which is not of permanent construction, but which is designed to be dismantled at the
completion of the construction project.
Portable Storage Building
Shall mean a commercially prefabricated building or structure that is designed, erected and used to
provide storage or warehouse space for industrial or agricultural purposes. The definition of
Portable Storage Buildings shall not include types of modular dwelling or a mobile home.
Post Office
Shall mean a place owned and operated by a public authority used for the posting, receipt, sorting,
handling, transmission or delivery of mail.
Private Club - see Place of Assembly
Private Communal Sewage Services - see Sewage Disposal and Water Systems
Private Communal Water Services - see Sewage Disposal and Water Systems
Private Park - see Park, Private
Private Road
Shall mean a private right-of-way over private property which affords vehicular access to at least
two (2) abutting lots and which is not maintained by a public authority.
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Public Authority
Shall mean a Federal or Provincial agency, school board, public utility commission, transportation
commission, public library board, board of parks management, board of health, board of
commissioners of police, planning board or other board or commission or committee or local
authority established or exercising any power or authority under any general or special statute of
Ontario or Canada with respect to any of the affairs or purposes of the Municipality or any portion
thereof and includes any committee or local authority established by By-Law of the Municipality of
Red Lake.
Public Services
Shall mean the lands, buildings, structures and other related works necessary for supplying water,
gas, oil, electricity, steam, hot water, telephone services, telecommunication services, sewage
collection and treatment facilities and other services provided by a public authority.
Public Utility
Shall mean an agency, corporation, board of commission, or any department of the Municipality
providing electricity, gas, steam, hot water, telephone, telegraph, television, transportation or
drainage or sewage to the general public.
Quarry
Shall mean a place where unconsolidated rock has been or is being removed by means of an open
excavation and includes the processing thereof for commercial purposes including screening,
sorting, washing, crushing and other similar operations, required buildings and structures, but does
not include a wayside quarry.
Recreational Commercial Establishment
Shall mean place where any recreational uses are operated commercially for profit on lands in
private ownership, such as health clubs, open or enclosed skating or curling rinks, open or enclosed
pools, open or enclosed badminton or tennis courts, squash courts or gymnasia and other similar
uses but does not include a bowling alley, casino or bingo hall.
Recreational Vehicle Sales Establishment
Shall mean a place where boats, travel trailers, campers and other recreational vehicles or
equipment (e.g. snowmobiles, off-road vehicles, golf carts) are displayed and rented and/or sold.
Recycling Depot or Transfer Station
Shall mean a special waste management facility which serves as a temporary storage site for clean
materials such as glass, paper, cardboard, plastic, metal and other similar products which will be
transferred to another location for reuse. This definition does not include any other type of waste
management system.
Renovation
Shall mean the repair, strengthening or restoration of a building to a safe condition but does not
include its replacement.
Residence - see Dwelling Unit
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Residential Use
Shall mean the use of land, building(s) or structures(s) for human habitation.
Residential Zone
Shall mean the Townsite Residential Density 1 (R1), Townsite Residential Density 2 (R2), Mobile
Home Residential (R3), Rural Residential (R4) and Recreational Residential (R5) zones.
Restaurant
Shall mean a building or structure or part thereof where food and / or beverage is prepared and
offered for sale to the public for consumption within or outside the building or structure or off the
premises. The definition of restaurant shall not include a catering establishment or a chip wagon.
Retail Store
Shall mean an establishment where goods, wares, merchandise, commodities, substances or articles
of any kind are displayed and/or offered for sale or rent to the general public, but does not include
flea markets or auctions centres or any other use defined herein.
Retirement Home
A residential building containing rooming units or a combination of rooming and dwelling units,
providing residence mostly to senior citizens who do not require assistance with daily living, and
which may provide accessory health, personal service, and recreational services to serve the
residents of the home and shall not include a long term care facility.
Rifle Club - see Shooting Range
Right-of-Way
Shall mean any right, liberty or privilege in, over, along or under land which a person, the public or a
corporation or another entity may have with respect to any land in the Municipality.
Road - see Street
Rooming House - see Boarding House
Salvage Yard
Shall mean a place where used goods, wares, merchandise, articles, vehicles, machinery or parts
thereof are dismantled, processed or recycled and sold for further use. This definition may include a
junk yard, a scrap metal yard, and an automobile wrecking yard on the premises.
Sawmill or Planing Mill
Shall mean a place where timber is cut or sawed, either to finished lumber or as an intermediary
step.
Sauna
Shall mean an accessory building or structure not exceeding 10 m2 (107.6 ft2), or an area within a
building or structure, wherein facilities are provided for the purpose of inducing perspiration.
Seaplane Base
Shall mean a place for the purposes of docking, storing or repairing seaplanes and for the supplying
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of associated services.
School
Shall mean an institutional place for the education or instruction of a body of pupils by a body of
teachers, and shall include an elementary or secondary school, adult education, university, college
of applied arts and technology, and English or French as a second language programs, but shall not
include a studio, museum, any type of home based business, or any other use defined herein.
Self Storage Facility
Shall mean a commercial building or part of a building wherein items are stored in separate, secured
storage areas or lockers which are generally accessible by means of individual loading doors.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal activities occurring at
reasonably expected times would experience one (1) or more adverse effect(s) from contaminant
discharges generated by a nearby facility. A sensitive land use may be part of the natural or built
environment. Examples of sensitive land uses include residential uses, long term care facility,
retirement homes, hospitals, campgrounds, day care centres, places of worship, community centres,
schools, bird and wildlife habitats and certain recreational uses deemed by the Municipality or other
level of government to be sensitive (e.g. picnic area).
Setback
Shall mean:
a. the least horizontal distance between a lot line and the nearest part of any building or
structure; or
b. with reference to a street, the least horizontal distance between the street line and the
nearest part of any building or structure; or
c. with reference to a waterbody or watercourse, the least horizontal distance between the
high water mark of the waterbody or watercourse and the nearest part of any building or
structure.
Sewage Disposal and Water Services
a. Full Municipal Services
Shall mean the combination of municipal sewage services and municipal water services.
b. Individual On-Site Services
Shall mean individual autonomous water supply and sewage disposal systems that are
owned, operated and managed by the owner of the property upon which the system is
located and which do not serve more than five (5) residential units/lots.
c. Partial Services
Shall mean
i.
municipal sewage services or private communal sewage services and individual on-site
water services; or
ii.
municipal water services or private communal water services and individual on-site
sewage services.
d. Municipal Sewage 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 Municipality of Red Lake.
e. Municipal Water Services
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Shall mean a municipal drinking-water system within the meaning of Section 2 of the Safe
Drinking Water Act, 2002.
Sewage Lagoon
Shall mean an area of land used for the discharge and disposal of sewage waste and that has a
standing Certificate of Approval issued by the Ministry of the Environment.
Sewage Treatment Facility
Shall mean a place where sewage is collected, transmitted and treated and has a standing Certificate
of Approval issued by the Ministry of the Environment.
Shooting Range
Shall mean a place where members practice using firearms and/or archery arrows in outdoor or
indoor areas designed to facilitate such activities and may include, but are not limited to, targets,
administration offices and clubhouse facilities.
Shopping Centre
Shall mean a commercial place planned, designed and developed or managed as a unit, having a
minimum gross leasable floor area of 2,000 m2 (21,527.8 ft2), having off-street parking provided on
the same lot, and which building or buildings contain two (2) or more retail stores, services, personal
service establishments, restaurants and offices.
Shoreline
Shall mean a lot line or portion thereof which abuts the high water mark of a waterbody or
watercourse (See also high water mark).
Sight Triangle
Shall mean a triangular space formed by the street lines abutting
a corner lot and a third line drawn from a point on a street line to
another point on a street line, each such point being 6 m (19.69
ft) from the point of intersection of the street lines. Where the
two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the
intersection of the tangents to the street lines.
Sign
Shall mean any writing, letter work or numeral, any pictorial representation, illustration, drawing,
image or decoration, any emblem, logo, symbol or trademark or any device with similar
characteristics which 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 structure or erected on a post(s).
Stable
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Shall mean an area, building and/or structure used for the boarding, riding and training of horses. A
stable shall be considered a type of livestock facility as defined in this By-Law.
Storage Container
Shall mean the trailer portion of a tractor-trailer unit or transport truck, or a rail or seaway
container, which is traditionally used for the shipping and transportation of goods and materials.
Storey
Shall mean that portion of a building:
a. which is situated between the surface of any floor and the surface of the floor next above it
and if there is no floor above it, then that portion between the surface of any floor and the
ceiling above it; and
b. which is more than 50 percent above the established grade; and
c. which has a height of not less than 2 m (6.56 ft) and includes an attic not having less than 2
m headroom for at least 50 percent of the attic floor area.
Street
Shall mean a public highway or public road under the jurisdiction of either the Municipality of Red
Lake or the Province of Ontario. This definition shall not include a lane or a private right-of-way or
private road.
Street Line
Shall mean the boundary between a street, road or highway and a lot.
Structure
Shall mean anything constructed or erected, the use of which requires location on the ground or
attached to something having location on the ground. The definition of structure shall include,
without limiting the generality of the foregoing, a travel trailer, a recreational vehicle, a temporary
shelter, and a sewage disposal system, but does not include a terrace, patio, sign, boundary wall,
light standard, fence or deck.
Studio
Shall mean a building 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; or
b. for the instruction of art, music, languages or similar disciplines.
Swimming Pool
Shall mean an open or covered pool used for swimming, wading, diving or recreational bathing
which is at least 50 cm (19.6 inches) in depth, and may include a hot tub, inflatable pool or whirlpool.
The definition of a swimming pool does not include accessory building or structures associated with
a swimming pool such as change rooms, storage buildings or pump houses. An open swimming pool
is a pool that is located outdoors and is not enclosed by a building or structure. A covered pool is a
pool that is enclosed within a building or structure.
Temporary Building
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Shall mean a building or structure intended for removal or demolition within a prescribed time as set
out in a building permit. (see also Portable Storage Building)
Temporary Shelter
Shall mean a non-permanent commercially prefabricated accessory structure that is designed,
erected and used to provide shelter to a vehicle, is less than 25 m2 (269.1 ft2) in gross floor area, and
is designed to be easily dismantled or removed.
Theatre
Shall mean a building or part thereof used for the presentation of motion pictures or staged
entertainment. The definition of theatre shall not include drive-in theatres.
Through Lot - see Lot, Through
Top-of-Bank
Shall mean a boundary where a majority of normal discharges and channel forming activities takes
place. The top-of-bank boundary will contain the active stream channel, active floodplain, and their
associated banks.
Tourist Cabin Establishment
Shall mean a place providing sleeping accommodation in rental cabins for the travelling or
vacationing public. A tourist cabin establishment provides a minimum of four (4) cabin units for rent
per lot, and may include accessory facilities which support the use such as, without limiting the
generality of the foregoing, administration offices but shall not include a restaurant that serves the
general public.
Tourist Commercial Establishment
Shall mean any premises operated to provide sleeping accommodation for the travelling or
vacationing public or the public engaging in recreational activities, and may include facilities for
serving meals and/or facilities licensed under the Liquor License Act.
Tourist Outfitters Establishment
Shall mean an establishment which operates through all or part of a year which may or may not
furnish accommodation and facilities for serving meals and alcohol beverages and furnishes
equipment, supplies or services to persons in connection with angling, hunting, camping or other
similar recreational purposes.
Tourist Commercial Outfitter's Base
Shall mean a commercial establishment which operates on a seasonal basis and which acts as a base
for the reception, equipping, supplying and transport by float plane of persons destined for
recreational sites elsewhere. This definition does not include facilities for the repair of aircraft and is
not a seaplane base.
Transportation Depot
Shall mean a place where commercial vehicles are kept for hire, rental and/or lease, or stored and/or
parked for remuneration and/or from which such vehicles are dispatched for hire as common
carriers.
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Travel Trailer
Shall mean any vehicle so constructed that is suitable for being attached to a motor vehicle for the
purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living,
sleeping, eating or accommodation of persons on a temporary, transient or short term basis, even if
the vehicle is jacked up or its running gear is removed. For the purposes of this definition, a travel
trailer shall be considered a structure for the purposes of establishing setbacks only. A travel trailer
shall not be deemed to include a mobile home or a manufactured home.
Use
Shall mean the purpose for which any land, building or structure, or combination thereof is
designed, arranged, occupied or maintained.
Vehicle
Shall mean any carriage, conveyance or other device capable of being propelled, driven or drawn by
any kind of power, including motor power or wind power, and includes, without limiting the
generality of the foregoing, a passenger motor vehicle, truck, trailer, boat, aircraft, tractor, farm
implement, mobile crane or shovel, snowmobile, motorcycle, but does not include a pedal bicycle,
canoe, kayak or any other device powered solely by means of human effort, or a mobile home.
Veterinary Facility - see Animal Hospital
Video Rental Establishment - see Retail Store
Warehouse
Shall mean a building or part thereof used primarily for the operation of general merchandise
warehousing, cold storage or other storage facilities 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.
Waste Disposal Site
Shall mean a site which is licensed or approved by the Ministry of the Environment and/or its
designate where garbage, refuse, domestic or industrial waste is disposed of or dumped.
Waterbody
Shall mean any bay, lake, river, natural watercourse, wetland or canal but excluding a drainage or
irrigation channel.
Water Treatment Plant
Shall mean a place where water is collected, produced, treated, stored, supplied and/or distributed
from and that has a standing Certificate of Approval issued by the Ministry of the Environment.
Water Vehicle
Shall mean any vehicle drawn, propelled or driven by any kind of power, including muscular power,
on water. The definition of water vehicle shall not include a snowmobile or any other vehicle that is
capable of being propelled or driven on both land and water.
Watercourse
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Shall mean the natural channel for a perennial or intermittent creek, stream or river.
Waterfront Structure
Shall mean a boat house, a sauna or steam bath or wharf, a gazebo, a utility or storage shed, a
viewing deck, or other accessory building or structure which is typically found near the shoreline of
water bodies and watercourses or which is actually located within 30 m (98.4 ft) of the high water
mark of a waterbody or watercourse.
Wayside Pit or Quarry
Shall mean a pit or quarry opened for the exclusive purpose of supplying granular materials for road,
street or highway projects owned by a public authority such as the Municipality or the Province of
Ontario and is closed and rehabilitated at the completion of the project.
Welding Shop
Wetland
Shall mean lands that are seasonally or permanently covered by shallow water, as well as lands
where the water table is close to or at the surface. In either case the presence of abundant water
has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or
water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Lands
being used for agricultural purposes, that are periodically "soaked" or "wet", or which no longer
exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition.
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.
Yard
Shall mean the open space on a lot between a main building and all lots lines that is unoccupied and
unobstructed from the ground to the sky, except for permitted projections and accessory buildings,
structures and uses permitted by this By-Law.
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Yard, Exterior Side
Shall mean a yard of a corner lot extending from the front yard to the rear yard between an
exterior side lot line and the nearest point of any main building or structure on the lot.
Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot line and
the nearest point of the main building or structure on the lot.
Yard, Interior Side
Shall mean a yard extending from the front yard to the rear yard between a side interior lot
line and the nearest point of any main building or structure on the lot.
Yard, Rear
Shall mean a yard extending across the full width of a lot between the rear lot line and the
main building or structure on the lot. 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 building
or structure.
Yard, Side
Shall mean a yard extending from the front yard to the rear yard between a side lot line and
the nearest point of any main building or structure on the lot.
Zone
Shall mean an area of land of the Municipality of Red Lake demarcated on the Schedules attached
hereto within which certain provisions and requirements of this By-Law apply or do not apply as the
case may be, such as Permitted Uses, Minimum Lot Area and Maximum Lot Coverage.
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SECTION 3
General Provisions
Explanatory Note
The General Provisions section of the By-Law states the regulations which apply regardless of
the specific zoning.
3.1 Application
The provisions of this Section apply in all zones except as may be indicated otherwise.
3.2 Accessory Uses, Buildings and Structures
Where a lot is devoted to a main use(s), accessory use(s), building(s) and structure(s) that
are customary to that main use are permitted, provided that:
a. All accessory uses, buildings or structures to a permitted main use are located on the
same lot and in the same zone as the main use;
b. Accessory buildings and structures are not used for human habitation except where
specified in this By-Law;
c. Accessory buildings and structures are not erected closer to the front lot line or
exterior side lot line than the main building on the lot, except:
i.
for lots with water frontage;
ii.
for a partially enclosed shelter for use by children waiting for a school bus not
exceeding 2.32 m2 (25 ft2) in gross floor area in the Natural Resources (NR)
Zone and the Rural Residential (R4) Zone;
iii.
for a gatehouse required to provide security to a premises; and
signs and structures required for advertisement;
d. Accessory buildings and structures are not erected in the front yard, or in the case of
a corner lot, not erected in the front yard or the exterior side yard;
e. In the case of a through lot that is not deemed to be a corner lot, accessory buildings
and structures are not erected closer to the rear lot line than the required front yard
setback for those adjacent lots that are not through lots. In the case where the
adjacent lots are not in the same zone, the larger front yard setback of the two
zones shall apply;
f. Accessory buildings and structures are not erected less than 1 m (3.28 ft) from any
interior side lot line or rear lot line except;
i.
semi-detached private garages or carports which may be centred on the
mutual interior side lot line,
ii.
accessory buildings and structures located on a lot that abuts a lane or road, in
which case accessory buildings and structures shall not be located less than 2
m (6.56 ft) from the said lane,
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g. Accessory Building Height
i.
Accessory buildings and structures shall not exceed 4.5 m (14.76 ft) in height,
except for permitted accessory dwelling units over an accessory use, in which
case such accessory building shall not exceed 6 m (19.69 ft) in height. The
heights of garden suites, and guest cabins are governed by Section 3.3 of this
By-Law;
ii.
Despite the above, no accessory building or structure shall exceed the height
of the main building on the lot.
h. Accessory buildings and structures, not including hot tubs, are not erected less than
1.5 m (4.92 ft) from a main building or another accessory building or structure on the
lot therewith;
i.
Temporary shelters are considered to be accessory structures for the purposes
of this By-Law and shall comply with the provisions of this By-Law regarding
accessory structures;
ii.
A maximum of one (1) temporary shelter shall be permitted per lot, and such
temporary shelter shall not exceed 25 m2 (269.1 ft2) in gross floor area.
i.
Portable Storage Buildings
i.
Portable storage buildings shall only be permitted as accessory buildings and
structures in the Light Industrial (M1), General Industrial (M2) Zone, Heavy
Industrial (M3) Zone, Extractive Industrial (MX), Mineral Mining (MM), and
Natural Resources (NR) zones;
j.
A structure that is attached to the main building shall not be considered an accessory
building or structure;
k. A building or structure located completely underground shall not be considered an
accessory building or structure;
l.
Boat houses, docks and other such permitted accessory structures requiring, by their
nature, placement on the water's edge are not erected less than 3 m (9.84 ft) from
the nearest adjacent lot line and does not encroach on adjacent frontage when the
lot boundaries are extended into the water;
m. Accessory uses, buildings and structures are not erected or established prior to the
erection or establishment of the main building or use, except where it is necessary
for the storage of tools and materials for the use in connection with the
construction of the main use, building or structure, or where the main building or
use and the accessory use, building or structure are permitted by the same building
permit and the main building or use is erected or established within 12 months of the
erection or establishment of the accessory uses, buildings or structures;
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n. Boat houses, docks and other such permitted accessory structures requiring, by their
nature, placement on the water's edge and waterfront structures shall not contain
sanitary facilities, unless approved by the Ministry of the Environment or their
designate;
o. A dock shall not be rented out for remuneration by property owner who is not a
public authority unless a marina is permitted in the zone in which the dock is located;
p. Open swimming pools are totally enclosed by a fence constructed of suitable
materials, having a minimum height of 1.5 m (4.92 ft) with a locking gate;
q. No part of an open swimming pool shall be constructed closer to an exterior side lot
line or a front lot line than exterior side yard setback or the front yard setback of the
main building, nor closer to an interior side lot line or a rear lot line than 1.5 m (4.92
ft). Further, swimming pools shall be setback a minimum of 1.5 m (4.92 ft) from
fences required to enclose them as required by paragraph (p).
r. The maximum lot coverage zone requirements for accessory buildings and structures
in each zone shall not apply to guest cabins and garden suites. These uses are
governed by Section 3.3 and their maximum lot coverage is in addition to the
maximum lot coverage of accessory buildings and structures stated in each zone.
s. Accessory residential uses located in accessory buildings or structures shall be in
accordance with Section 3.3 of this By-Law.
t. Where an outdoor furnace is proposed in an R1, R2, or R3 Zone the minimum
required lot size shall be 0.4 ha.
3.3 Accessory Residential Uses
a. Guest cabins, and garden suites shall not be considered dwelling units and shall not
be rented out to the public for gain or profit.
b. Accessory dwellings to commercial and resource-based uses shall be considered
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dwelling units for the purposes of this By-Law.
c. Accessory dwellings to commercial, institutional and resource-based uses shall be
governed by the Additional Provisions section of each respective zone in this By-Law.
d. One (1) guest cabin shall be permitted as an accessory use to a main residential use in
the Recreational Residential (R5) Zone and shall conform to the following:
i.
A guest cabin shall not be erected less than 3 m (9.84 ft) from a lot line or less
than 2 m (6.56 ft) from a main building, and shall meet any yard requirements
for accessory buildings and structures of the zone in which the guest cabin is
located;
ii.
The net floor area of a guest cabin shall not exceed 55 m2 (592.02 ft2);
iii.
The height of a guest cabin shall not exceed 4.5 m (14.76 ft) or the height of
the main dwelling, whichever is lesser;
iv.
Guest cabins shall not be erected closer to the front lot line or exterior lot line
than the front yard and external side yard of the main dwelling on the lot,
except for lots with water frontage;
v.
Despite the maximum lot coverage provisions of the R5 zone for accessory
buildings and structures, a guest cabin shall not occupy more than 1% of the lot
area of a lot in the R5 zone. Guest cabins shall not be subject to the maximum
lot coverage requirements of the R5 zone;
vi.
The provisions for servicing under Section 3.25, the provisions for parking
under Section 3.23 and all other relevant provisions of this By-Law shall be
met.
e. Garden Suites
Where permitted by a temporary use By-Law under Section 39 of the Planning Act,
garden suites shall conform to the following:
i.
A garden suite shall be permitted as an accessory use to a main permitted
single-detached dwelling or semi-detached dwelling in the Townsite Residential
Density 1 (R1) Zone and the Rural Residential (R4) Zone;
ii.
A maximum of one (1) garden suite shall occupy a lot. Where a lot is occupied
by two semi-detached dwelling units, this shall not preclude both dwelling
units from having a garden suite;
iii.
A garden suite shall not occupy a lot where the main use is a recreational
dwelling;
iv.
The net floor area of a garden suite shall not exceed 50% of the gross floor area
of the main dwelling unit or 74 m2 (800 ft2), whichever is lesser;
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v.
The height of a garden suite shall not exceed 6 m (19.69 ft) or two (2) stories or
the height of the main dwelling, whichever is lesser;
vi.
A garden suite shall only be located in a rear yard or interior side yard;
vii.
Despite the maximum lot coverage provisions of the R1 zone for accessory
buildings and structures, a garden suite shall not occupy more than 20% of the
lot area of a lot in the R1 zone. Despite the maximum lot coverage provisions
of the R4 zone for accessory buildings and structures, a garden suite shall not
occupy more than 3% of the lot area of a lot in the R4 zone. Garden suites shall
not be subject to the maximum lot coverage requirements of the R1 and R4
zones;
viii.
A garden suite shall not be located less than 3 m (9.84 ft) from any lot line, or
less than 2 m (6.56 ft) from a main building, and shall meet all yard
requirements for accessory buildings and of the zone in which the garden suite
is located;
ix.
The provisions for servicing under Section 3.25, the provisions for parking
under Section 3.23 and all other relevant provisions of this By-Law shall be
met;
x.
A recreational vehicle shall not be permitted as a garden suite;
xi.
A garden suite shall not be erected on a lot occupied by a guest cabin or an
accessory dwelling unit.
f. Secondary Dwellings Units
A secondary dwelling unit shall be permitted in a single-detached, semi-detached or
townhouse dwelling unit, or an accessory building in the R1, R2 and R4 Zone and shall
conform to the following:
i.
the net floor area of the secondary dwelling unit shall not exceed 55 m² in size
or 40% of the net floor area of the main dwelling, whichever is the lesser;
ii.
when located in an accessory building, the secondary dwelling unit shall not be
permitted on the ground floor or below grade;
iii.
A secondary dwelling unit shall not be erected on a lot that is occupied by a
guest cabin a garden suite, bed and breakfast establishment, a group home, or
a boarding house;
iv.
The lot provisions under Section 3.3, the servicing under Section 3.25, the
provisions for parking under Section 3.23 and all other relevant provisions of
this By-Law shall be met;
v.
an accessory dwelling unit must comply with the applicable provisions of the
Ontario Building Code Act relating to 'Multiple Occupancy'; and
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vi.
a maximum of one (1) accessory dwelling unit shall be permitted per lot.
3.4 Automobile Service Stations and Gasoline Bars
Notwithstanding any other provisions of this By-Law, where a lot is used for an automobile
service station or gasoline bar, the following shall apply:
a. No portion of any pump island shall be located less than 6 m (19.69 ft) from the
street line of any street;
b. The nearest part of any ingress or egress ramp or entrance to an automobile service
station or gasoline bar shall not be less than 9 m (29.53 ft) from the intersection of
two (2) street lines;
c. The maximum width of a curb ramp for ingress and egress to and from an
automobile service station or gasoline bar shall not be greater than 7 m (22.97 ft);
d. The minimum distance between ramps for ingress and egress to and from an
automobile service station or gasoline bar at the street line shall not be less than 9 m
(29.53 ft).
3.5 Bed and Breakfast Establishments
A bed and breakfast establishment is permitted as an accessory use to a permitted single-
detached dwelling in the Townsite Residential Density 1 (R1) Zone, Rural Residential (R4)
Zone and Natural Resources (NR) Zone where the dwelling is the main use of the lot and in
accordance with the following:
a. The operation of a bed and breakfast establishment shall be incidental and
secondary to the main use of the single-detached dwelling;
b. The operation of a bed and breakfast establishment shall not change the residential
character of the dwelling or in any way alter the exterior appearance of the dwelling
other than a sign in accordance with paragraph (g);
c. The bed and breakfast establishment shall only employ or be operated by persons
whose principal residence is the dwelling unit containing the bed and breakfast
establishment;
d. The requirements for off-street parking for bed and breakfast establishments shall
be met;
e. The operation of a bed and breakfast establishment is not permitted in conjunction
with the rental of accommodation to roomers or boarders as part of a boarding
house, rooming house or tourist home;
f. A bed and breakfast establishment shall not be subject to the home based business
requirements of this By-Law;
g. Signage
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i.
There shall be no external signage or advertising anywhere on the lot
occupied by the bed and breakfast establishment to indicate the nature of the
business, other than a non-illuminated sign having a total display area not
exceeding 0.5 m² (5.38 ft2).
ii.
Signs may be mounted, affixed, painted or imprinted onto the building where
the business is being conducted, or erected perpendicular to a street or road
(e.g. free standing sign) up to a maximum height of 2 m (6.56 ft). A permitted
sign erected along a street or road shall be setback at least 2 m (6.56 ft) from
the street line.
iii.
In addition to the above provisions, any sign erected shall conform to the
provisions of any Signs By-Law as may from time to time be enacted by the
municipality under the Municipal Act.
3.6 Buffer Strips
a. A required buffer strip shall be used for no other purpose than the provision of
landscaped open space and for the erection of a fence or the planting of a continuous
row of natural evergreens or natural shrubs, not less than 1.5 m (4.92 ft) in height at
planting, immediately adjacent to the lot line or portion thereof along which such
buffer strip is required hereunder; the remainder of the strip shall be landscaped and
planted with grass, ornamental shrubs, flowering shrubs, flower beds or a
combination thereof.
b. Notwithstanding paragraph (a), a buffer strip shall be continuous except for lanes,
driveways, aisles, walkways and pathways. It shall be permissible to interrupt the
buffer strip within 3 m (9.84 ft) of the edge of such lane, driveway or aisle, or within
1.5 m (4.92 ft) of the edge of such walkway or pathway.
c. Where a buffer strip is required in any zone, it shall be of a minimum width as
specified in the requirements of that zone.
d. A buffer strip shall be located within the same zone and on the same lot for which it
is required.
e. A buffer strip may form part of any required landscaped open space and any required
yard.
f. Where a commercial zone requires a buffer strip along a lot line abutting an
Institutional (I) Zone, such buffer strip shall not be required if the use of the adjacent
Institutional (I) Zone is an arena, dog pound, fire station, government office or police
station.
g. Industrial Zones
Where the Light Industrial (M1) Zone and General Industrial (M2) Zone abut an
Institutional (I) Zone, Open Space (OS) Zone, residential zone or lands where the
main use is residential, a buffer strip shall be provided and maintained along the
abutting lot lines having a minimum width of 3 m (9.84 ft) and shall be in compliance
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with Section 3.26 of this By-Law.
Where the Heavy Industrial (M3) Zone abuts an Institutional (I) Zone, Open Space
(OS) Zone, residential zone or lands where the main use is residential, a buffer strip
shall be provided and maintained along the abutting lot lines having a minimum
width of 10 m (9.84 ft) and shall be in compliance with Section 3.26 of this By-Law.
Where the Extractive Industrial (MX) Zone abuts an Institutional (I) Zone, Open
Space (OS) Zone, residential zone or lands where the main use is residential, a buffer
strip shall be provided and maintained along the abutting lot lines having a minimum
width of 4 m (13.12 ft) and shall be in compliance with Section 3.26 of this By-Law.
Where the Mineral Mining (MM) Zone abuts an Institutional (I) Zone, Open Space
(OS) Zone, residential zone or lands where the main use is residential, a buffer strip
shall be provided and maintained along the abutting lot lines having a minimum
width of 5 m (16.4 ft) and shall be in compliance with Section 3.26 of this By-Law.
3.7 Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality of Red Lake or
shall be moved from outside the municipality into the municipality unless the building or
structure is a permitted use and satisfies all the requirements of the zone in which it is to be
located and then only after a permit has been obtained, if required, from the Chief Building
Official.
3.8 Corner Lot Sight Restrictions
Notwithstanding any other provisions of this By-Law, in all zones except the Townsite
Commercial (C1) Zone, within any area defined herein as a sight triangle:
a. no buildings or structures shall be erected which would obstruct the view of a driver
of a vehicle approaching the intersection;
b. no fence, sign, hedge, bush or other vegetation, other than agricultural crops, shall
be erected or planted or maintained that exceeds 0.8 m (2.62 ft) in height above the
elevation of the centrelines of abutting streets; and
c. no loading space shall be established which would obstruct the view of a driver of a
vehicle approaching the intersection.
3.9 Dangerous Uses
No land, building or structure shall be used in the Municipality of Red Lake for the industrial
manufacture or distribution of coal oil, rock oil, fuel oil burning fluid gas, naphtha, benzene,
gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum, products or other
combustible or inflammable or liquid material except as otherwise specifically provided for
in this By-Law.
3.10 Drive-through Facilities
Where a use in any zone includes a permitted drive-through facility according to the
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Additional Provisions of the given zone, off-street motor vehicle queuing space shall be
provided for that drive-through leading both to and from each service bay, window, kiosk or
booth in accordance with the following:
Use
Minimum Number of Queuing Spaces Required
Leading to Use
Leaving Use
Bank or bank machine
3 before/at each
machine/window
1 after each machine/window
Car
Wash
Conveyor Type
3 before each wash bay
1 after each wash bay (if wash
bay is a through bay)
Automatic Type
5 before each wash bay
Manual Type
(through bay)
1 before each wash bay
1 after each wash bay
Manual Type
(not a through
bay)
2 before each wash bay
n/a
Restaurant
6 before/at order board and 4 between/at order board and
first window
All other cases
3 spaces before/at service machine/window
All queuing spaces shall be at least 3 m (9.84 ft.) wide and at least 5.7 m (18.7 ft.) long.
No queuing line, drive-through window or order board may be located within 5 m (16.4 ft.)
of a lot line abutting a residential zone or residential use.
Where a queuing line, drive-through window or order board is located in a yard abutting a
residential zone or residential use, it must be screened from view from that residential zone
or use by an opaque screen or fence with a minimum height of 2 m (6.56 ft.).
3.11 Dwelling Unit Floor Areas
a. No dwelling unit in a single-detached dwelling, semi-detached dwelling or modular
dwelling shall have a gross floor area less than 75 m2 (807.29 ft2). This shall not apply
to recreational dwellings.
b. No dwelling unit in a multi-unit dwelling, apartment dwelling, or in the Mobile Home
Residential (R3) Zone shall have a gross floor area less than 42 m2 (452.08 ft2).
3.12 Existing Vacant Lots
Notwithstanding any other provision of this By-Law to the contrary, a vacant lot of record
existing on March 20th, 2007 having less than the minimum lot frontage and/or lot area may
be used for a use permitted in the zone in which it is located provided that:
a. such lot has a minimum lot frontage of 12 m (39.37 ft); and
b. all other requirements of this By-Law are complied with.
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3.13 Group Homes
A group home, licensed by the appropriate Provincial Ministry, shall be permitted within any
permitted single-detached dwelling, semi-detached or multi-unit dwelling, subject to the
following provision:
a. when a residential use building is converted to a group home, the group home must
occupy the whole of the building including all attached units within the building; and
b. The minimum gross floor area of a group home shall be 42 m2 (452.08 ft2) plus an
additional 7 m2 (75.35 ft2) for each resident, exclusive of staff or receiving family.
3.14 Height Exceptions
The maximum height regulations herein set forth in this By-Law shall not apply to any of the
following:
Air conditioning system
Chimney
Communications facility
Cupola
Drying tower
Elevator or stairway enclosure
Enclosed mechanical and
electrical equipment
Farm-relate buildings and
structures such as a silo or
windmill, but not including
wind turbines, barns or
dwellings
Flag pole
Hydro-electric transmission
tower
Ornamental dome
Place of worship spire, steeple
or belfry
Receiving stations
Satellite dish
Security cameras
Skylight
Solar collector panels
Ventilating fan or skylight
Water tower or water tank
3.15 Home Based Businesses
Notwithstanding any other provisions contained in this By-Law, the following provisions
shall apply:
a. Permitted Uses
The scope of permitted home based businesses shall be any of those that fall within
any of the following categories:
i.
professional and consulting services (examples: architect, financial advisor,
accountant, consultant, legal services, physician, telemarketing, surveyor);
ii.
instructional services (examples: music lessons, dance, art and academic
tutoring);
iii.
home craft businesses (examples: quilting, pottery, jewellery, visual arts,
woodworking, small scale assembly);
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iv.
private daycare;
v.
distribution sales offices or mail order sales (examples: cosmetics, clothing or
small household supplies);
vi.
offices for contractors and trades (examples: plumbing, heating, electrical,
carpentry);
vii.
repair services (examples: small appliance, computers);
viii.
high technology uses (examples: internet services, office call centres, desktop
publishing, hardware and software development);
ix.
a taxi service;
x.
personal care services (examples: hairdressing/cutting, massage therapist,
esthetician);
b. A restaurant, clinic, kennel, laundry services, any retail or wholesale store, animal
hospital, place of amusement, funeral home, small engine repair, automobile repair,
tourist commercial establishment, workshop, storage yard, machine shop,
automobile repair garage, convalescent home, mortuary, or any use that cannot be
categorized under Subsection (a) shall not be permitted as a home based business.
c. General
i.
Home based businesses shall be clearly secondary to the main permitted
residential use and shall not create nor become a public nuisance with
regard to noise, traffic, parking or health and safety.
ii.
A home occupation shall be permitted as an accessory use in the Townsite
Residential Density 1 (R1), Townsite Residential Density 2 (R2) and the Rural
Residential (R4) zones.
iii.
A home industry shall be permitted as an accessory use in the Rural
Residential (R4) Zone. All home industries shall be located on the same lot
and in the same zone as the dwelling unit.
iv.
Home based businesses shall not occupy more than 25% of the combined
gross floor area of the dwelling unit and any accessory building or structure
used as part of the business, up to a maximum of 50 m2 (505.9 ft2).
v.
No machinery or equipment shall be used as part of a home based business
that is not compatible with a residential area (e.g. back hoe, front end
loader, transport tractor or trailer).
vi.
No outdoor storage or outside waste associated with the business shall be
permitted in the R1 and R2 zones.
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vii.
Where instruction is carried on (e.g. instructional services), there will be not
more than five (5) pupils accommodated at any given time.
viii.
Taxi services shall be limited to a maximum of two (2) licensed taxis.
ix.
Home based businesses classified as distribution sales shall not have any on-
site storage.
d. Employees, Hours and Parking
i.
Home based businesses shall be operated by the occupant of the dwelling unit
in which it is located and shall not employ more than two (2) employees on-
site who do not reside therein.
ii.
Not more than 15% of the lot area shall be used as parking area for the home
based business, and off-street parking associated with the home bases
business shall not be permitted in the front yard. A maximum of four (4) home
based business related parking spaces shall be permitted on a lot occupied by
a home based business, including one (1) per employee and up to two (2)
commercial spaces. The aforementioned parking spaces shall be in addition to
the parking spaces required for the residential use of the dwelling unit.
iii.
The business shall not generate excessive traffic and shall not create a traffic
hazard.
iv.
All deliveries shall take place on the same lot as the home based business, and
in no case shall any on-street delivery be permitted.
v.
Home based businesses shall conform to any Noise By-Law enacted by the
municipality.
vi.
The home based business shall not receive clients or deliveries between the
hours of 9:00 pm (2100 hours) and 7:00 am (0700 hours).
e. Signage
i.
There shall be no external signage or advertising anywhere on the lot
occupied by the home based business to indicate the nature of the business,
other than a non-illuminated sign having a total display area not exceeding 0.5
m² (5.38 ft2).
ii.
Signs may be mounted, affixed, painted or imprinted onto the building where
the business is being conducted, or erected perpendicular to a street or road
(e.g. free standing sign) up to a maximum height of 2 m (6.56 ft). A permitted
sign erected along a street or road shall be setback at least 2 m (6.56 ft) from
the street line.
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iii.
In addition to the above provisions, any sign erected shall conform to the
provisions of any Signs By-Law as may from time to time be enacted by the
municipality under the Municipal Act.
3.16 Loading Spaces
a. No person shall erect or use any building or structure in any commercial zone, Light
Industrial (M1) Zone, General Industrial (M2) Zone, Heavy Industrial (M3) or Mineral
Mining (MM) Zone which involves the movement of goods, merchandise or
materials unless loading spaces are provided and maintained on the site in
accordance with the following provisions:
i.
Each loading space shall have dimensions not less than 3 m (9.84 ft) in width
and 7.5 m (24.61 ft) in length;
ii.
Each loading space shall not have less than 4.5 m (14.76 ft) of vertical
clearance;
iii.
Loading spaces shall be located in a building or structure, an open rear yard,
or an open side yard, on the same lot on which the main use is located,
provided such a space shall be in an area whose distance from lot line to
building or structure is not less than 7.5 m (24.61 ft) and shall have
unobstructed ingress and egress to and from a street or road by means of a
driveway or aisle of a minimum width of 7 m (22.97 ft);
iv.
The number of required loading spaces shall be based on net floor area of the
building or structure as follows:
Commercial Uses:
Net Floor Area
Minimum Required Loading Spaces
0 - 278 m2
0
[0 - 2,992.37 ft2]
278.01 - 600 m2
1
[2,992.48 - 6,458.35 ft2]
over 600 m2
1 plus 1 additional space for each additional 500 m2
(5,381.96 ft2) of net floor area or part thereof
[over 6,458.35 ft2]
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Industrial Uses:
Net Floor Area
Minimum Required Loading Spaces
0 - 500 m2
0
[0 - 5,381.96 ft2]
500.01 - 1,500 m2
1
[5,382.06 - 16,145.87 ft2]
over 1,500 m2
1 plus 1 additional space for each additional 1,000
m2 (10,763.91 ft2) of net floor area or part thereof
[over 16,145.87 ft2]
b. The loading space requirements stated in paragraph (a) shall not apply to buildings
or structures in existence as of the date of passing of this By-Law but shall apply to
areas of any expansion or enlargement to such buildings or structures after the date
of passing of this By-Law.
c. Notwithstanding paragraphs (a) and (b), for those lands so designated with a zone
symbol followed by a dash and the symbol "p" with frontage on Howey Street in the
Townsite of Red Lake, there shall be no minimum number of loading spaces required
for commercial uses.
d. Unless permitted otherwise elsewhere in this By-Law, where two (2) or more uses
are permitted in any one (1) building or structure or on any (1) lot, then the loading
space requirements of this By-Law for each of the uses shall be combined and the
total number of loading spaces so calculated shall be provided.
e. Where in this By-Law, loading spaces are required or permitted, the following shall
apply:
i.
Adequate driveway space to permit the safe manoeuvring, loading and
unloading of vehicles on the lot such that they do not cause an obstruction or
a hazardous condition on adjacent streets or sidewalks;
ii.
Adequate drainage facilities in accordance with the requirements of the
municipality;
iii.
Loading spaces and approaches shall be surfaced in accordance with the
requirements of the municipality;
iv.
Illumination of loading spaces shall be so arranged as to be diverted away
from any adjacent Institutional (I) Zone, Open Space (OS) Zone, residential
zone or any lands used primarily for residential purposes.
v.
Location of loading spaces shall be restricted to the rear yard where a lot has
access at both the front and rear lot lines to a street or road.
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3.17 Main Building on a Lot and Mixed Use Buildings
a. Not more than one (1) main building shall be erected on a lot unless specifically
allowed in the zone in which the lot is located.
b. Paragraph (a) shall not apply to:
i.
commercial buildings in commercial zones;
ii.
industrial buildings in the Industrial (M1) Zone, Heavy Industrial (M2) Zone or
the Mineral Mining (MM) Zone;
iii.
institutional buildings in the Institutional (I) Zone; and
iv.
farm-related buildings located on an active farm.
c. Mixed Use Buildings
i.
In the Townsite Commercial (C1), Highway Commercial (C3) and Institutional
(I) Zone, buildings may take the form of a single use building or a mixed use
building. A mixed use building shall only contain uses permitted in the given
zone.
ii.
Despite paragraph (c)(i), a mixed use building shall not contain a gasoline bar,
automobile service station, automobile body repair shop or automobile repair
garage.
3.18 Non-complying and Non-conforming Uses, Buildings Structures
and Lots
a. Where an existing building or structure is located on a lot having less than the
minimum lot frontage or lot area required by this By-Law, or having less than the
minimum setback, front yard, side yard or rear yard required by this By-Law, the said
building or structure may be enlarged, repaired or renovated provided that:
i.
The enlargement, repair or renovation does not further reduce the setback,
front yard, side yard or rear yard having less than the minimum required by
this By-Law; and
ii.
All other applicable provisions of this By-Law are complied with.
b. Strengthening and Restoration
Nothing in this By-Law shall prevent the strengthening or restoration to a safe
condition of any building or structure provided, in the case of a non-complying use,
such does not further reduce a setback or yard not in compliance with the By-Law,
or, in the case of a non-conforming use, such does not enlarge a use not permitted
by this By-Law.
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59
c. Legal Non-conforming Use
The provisions of this By-Law shall not apply to prevent the use of any lot, building
or structure for any purpose prohibited by this By-Law if such lot, building or
structure was lawfully used for such purpose on the date of final passing of this By-
Law, providing such use has been continuous since that date, and provided that it
does not, subsequent to that date, increase in non-conformity.
d. Prior Building Permits
The provisions of this By-Law shall not apply to prevent the erection or use of any
lot, building or structure for a purpose prohibited by this By-Law if any building or
structure, the plans for which, prior to the date of passing of this By-Law, have been
approved by the Chief Building Official, so long as the building or structure, when
erected, is used and continues to be used for the purpose for which it was erected,
and provided the permit has not been revoked under the Building Code Act.
e. Cease of Non-conforming Use
Where, the use of land, buildings or structures for a use not permitted by this By-
Law, but which was in legal existence on the date of passing of this By-Law, has
ceased and is not resumed within a twenty-four (24) month period of the date of
ceasing, such non-conforming use shall not be resumed, and any use of the land,
building or structure shall be in conformity with the provisions of the zone in which
the land, building or structure is located.
f. Lot Made Legal Non-complying
Where any lot existing on the date of passing of this By-Law is made non-complying
due to metric conversion or any lot is made non-complying due to expropriation or
dedication for public use, then said lot shall be deemed to comply with this By-Law
with respect to those provisions made non-complying by metric conversion,
expropriation or dedication for public use, and the said provisions shall not apply to
prevent the use of such lot, or the erection, alteration or use of a permanent
building or structure thereon, provided that the use of land remains the same, is in
accordance with all other provisions of this By-Law, and the nature of the non-
compliance is not increased.
g. Replacement of Legal Non-complying Buildings & Structures
Where a legal non-complying building or structure is destroyed or demolished
whether purposeful or not, the building or structure shall only be rebuilt in
conformity with the provisions of this By-Law.
3.19 Obnoxious Uses
Nothing in this By-Law shall be construed to permit the use of land for the erection or use of
a building or structure which by its nature or by the materials used therein, is declared
under the Health Protection and Promotion Act as amended from time to time, or any
regulations thereunder, to be a noxious or offensive trade, business or manufacture.
3.20 Occupancy of Vehicles and Partially Completed Buildings
a. No building or structure, except in the case of an apartment building dwelling, shall
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60
be occupied before the main side walls and roof have been erected and the external
siding and roofing have been completed, sanitary conveniences installed, and where
applicable, kitchen and heating facilities have been installed. Any dwelling unit in an
apartment building dwelling may be occupied provided that all of the above
conditions are satisfied notwithstanding the fact that one (1) or more of the dwelling
units in the building have not been completed.
b. Human habitation shall not be permitted in anything, including buildings, structures
and vehicles (e.g. bus, railroad car, truck), that does not meet the Ontario Building
Code or before an occupancy permit has been issued. This does not apply to travel
trailers and tents.
3.21 Parks, Paths, Streets and Heritage Sites
Notwithstanding the list of permitted uses in each zone established by this By-Law, parks,
recreational paths, walkways, streets, lanes, highways, monuments and heritage sites are
permitted in all zones of this By-Law.
3.22 Parking and Drive-through Facility Requirements
a. For every type of use listed below which is erected, altered or enlarged in any zone
after passing of this By-Law off-street parking shall be provided and maintained in
accordance with the following provisions:
Use
Minimum Number of Parking Spaces
Required
Residential Uses and Uses Accessory to Residential Uses:
Single-detached Dwelling, Semi-detached
Dwelling, Recreational Dwelling
2 spaces per dwelling unit
Multi-unit Dwelling, Row or Townhouse
Dwelling
1.5 spaces per dwelling unit
Apartment Dwelling
1.5 spaces per dwelling unit (1.25 space per
Bachelor Apartment Unit), 15% of which shall
be reserved as visitor parking
Garden Suite, Guest Cabin, Accessory
Dwelling Unit
1 space per unit
Bed and Breakfast
1 space for each guest room in addition to the
required residential spaces
Home Based Business
1 space in addition to the required residential
spaces, plus 1 space per on-site employee who
is not a household member
Group Home
1 space for every two (2) rooms
Boarding House
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Use
Minimum Number of Parking Spaces
Required
Non-Residential Uses
Animal Hospital, Art Gallery, Library,
Museum, Place of Amusement, Studio,
Workshop
1 space per 45 m2 [484.4 ft2] of gross floor
area, minimum 3 spaces
Automobile Body Repair Shop,
Automobile Repair Garage
2 spaces per service bay
Automobile Rental Establishment,
Automobile Sales Establishment,
Recreational Vehicle Sales Establishment,
Equipment Rental Establishment
1 space per 20 m2 [215.3 ft2] of gross floor area,
minmum 3 spaces
Automobile Service Station, Gasoline Bar
3 spaces per bay
Contractor's Yard, Lumber Yard, Salvage
Yard
1 space for every 30 m2 [322.92 ft2] of gross
floor area of bulk storage
Camp
0 parking spaces
Campground, Tourist Cabin Establishment
1 space per rental unit or campsite, plus the
required spaces for any associated use (e.g.
restaurant, conference facility)
Car Wash (self service)
1 waiting spaces per wash bay excluding the
wash bay
Car Wash (automatic service)
2 waiting spaces per wash bay excluding the
wash bay
Clinic, office
1 space per 28 m2 [301.39 ft2]
Day Care Centre, Greenhouse, Nursery
1 space for every 40 m2 [430.56 ft2] of gross
floor area
Golf Course
5 spaces per tee
Heliport
1 space
Hospital
1.5 spaces per bed
Hotel
1.25 spaces per guest room or suite
Industrial Use Class I, II, or III , Sawmill or
Planing Mill
1 space for every 93 m2 [1,001.04 ft2] of floor
area up to 279 m2 [3,003.13 ft2], plus 1
additional space for every 200 m2 [2,159.9 ft2]
of floor area thereafter
Laundromat
1 space for every 20 m2 [215.3 ft2] of gross floor
area
Marina
1 space for every seasonal boat slip, plus 1
space for every 4 transient boat slip
Miniature Golf Course
1 spaces per tee
Long Term Care Facility
1 space per 3 beds
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Use
Minimum Number of Parking Spaces
Required
Place of Assembly, Place of Worship,
Theatre, Bingo Hall
1 space per 5 persons accommodated
according to the maximum permitted seating
capacity; or 1 space per 10 m2 [107.64 ft2]
where there are no fixed seats
Restaurant
1 space per 9 m2 [96.88 ft2]
Retail Store, Building Supply Outlet, Farm
Produce Outlet,
1 space per 28 m2 [301.39 ft2] of the gross floor
area of the retail area of the use
Retirement Home
1 space per unit
Shopping Centre
1 space per 25 m2 [269.1 ft2] of rentable floor
area
School (elementary)
1 space per classroom (includes portables)
School (secondary)
3 per classroom (includes portables)
School (all other cases)
1 per 100 m2 [1,076 ft2] plus 1 per 20 students
Seaplane base
3 spaces plus 1 space per seaplane dock plus 1
space per seaplane service bay
Self Storage Facility
1 space per rentable storage unit
Warehouse
1 space per 200 m2 [2,152.78 ft2] of gross floor
area
All other uses not listed above
1 space per 30 m2 [322.9 ft2] of gross floor area
b. Where in this By-Law parking areas are required or permitted, all drainage, surfacing
and illumination shall be constructed in accordance with the requirements of the
Municipality. Each parking space, driveway and aisle connecting the parking area
with a street shall be maintained with a stable surface, which is treated so as to
prevent the raising of dust or loose particles.
c. Size of Parking Spaces
All standard parking spaces, unless specified elsewhere in this By-Law, shall be a
minimum of 3 m (9.84 ft) in width by 6 m (19.69 ft) in length. All barrier-free parking
spaces shall be a minimum of 3.7 m (12.14 ft) in width by 6 m (19.69 ft) in length.
d. Barrier-Free Parking Spaces
i.
Where five (5) or more standard parking spaces are required in accordance
with paragraph (a), barrier-free parking spaces shall be provided in
accordance with the following provisions:
Number of Parking Spaces
Required by this By-Law
Corresponding Number or Parking
Spaces to be designated and
designed Barrier-free
5-25
1
26-50
2
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Number of Parking Spaces
Required by this By-Law
Corresponding Number or Parking
Spaces to be designated and
designed Barrier-free
51-75
3
76-100
4
101-150
5
151-200
6
201 or more
4% of the number of standard parking
spaces required
ii.
Where barrier-free parking spaces are required by paragraph (d)(i), each
barrier-free parking space shall be designated by a sign mounted on a post
or wall that is visible during winter months. Such sign shall be mounted at
least 1.5 m (4.92 ft) above grade and shall not be located more than 1.5 m
(4.92 ft) from the parking space.
e. Cumulative Standards
Unless permitted otherwise elsewhere in this By-Law, where two (2) or more uses
are permitted in any one (1) building or structure or on any (1) lot, then the off-
street parking requirements of this By-Law for each of the uses shall be combined
and the total number of off-street parking spaces so calculated shall be provided.
f. Notwithstanding the precise number of parking spaces required by this By-Law, if
the calculation of the minimum parking space requirement results in a fraction, the
minimum requirement shall be the next higher whole number. (e.g. 7.23 spaces shall
be deemed to require 8 parking spaces)
g. Notwithstanding any other provisions of this By-Law to the contrary, the parking
space requirements shall not apply to any building, structure or use in existence on
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 to the building,
structure or use increases the floor area, or a change in use occurs, then parking
space for the addition or area changed in use shall be provided. This provision shall
not apply to additions, enlargement or alterations to individual dwelling units.
h. Location of Parking Spaces
i.
Required off-street parking for residential uses or in a residential zone shall
be provided on the same lot as the dwelling unit(s) for which the parking
spaces are intended to serve. Parking spaces required for bed and breakfast
establishments and home based businesses shall be provided on the same
lot. In all other zones, all required off-street parking spaces shall be provided
within 150 m (492.13 ft) of the building, structure or use for which the
parking spaces are intended to serve, but such off-street parking spaces
shall not be permitted in any residential zone.
ii.
Where required parking is not provided on the same lot in accordance with
paragraph (i), the lot or part of the lot where the parking is located shall be
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64
in the same ownership as the owner of the lot for which the off-street
parking spaces are required, or shall be leased by a long-term renewable
agreement by the owner of the lot for which the off-street parking spaces
are required, and such parking spaces shall be retained for the duration of
the use of the lot for which the off-street parking spaces are required.
Access to all required off-street parking spaces for institutional, commercial
and industrial uses shall be provided by means of unobstructed driveways
and aisles at least 7 m (22.97 ft) in width, or 3.25 m (10.66 ft) for one-way
traffic driveways. Access to parking spaces for all other uses shall be
provided by means of unobstructed driveways and aisles at least 3 m (9.84
ft) in width.
iii.
Where parking spaces are provided for the exclusive use of dwelling units in
a converted, multi-unit, modular, double wide modular, row or townhouse,
recreational, semi-detached, single-detached, the parking area shall not
cover more than 50% of the front yard or exterior side yard.
iv.
Where required parking spaces in a non-residential zone lie adjacent to a
residential zone or lands where the main use is residential, a 3 m (9.84 ft)
wide buffer strip shall be provided on the non-residential lands along the
abutting lot line with the lands in a residential zone or the lands where the
main use is residential. This buffer strip shall not be interrupted except for
driveways, lanes, aisles, walkways or pathways.
3.23 Outdoor Patios
Notwithstanding any other provisions of this By-Law, the following shall apply to an outdoor
patio associated with a permitted commercial use including a restaurant or tavern.
a. No outdoor patio shall accommodate more than fifty per cent (50%) of the licensed
indoor capacity of the restaurant or tavern with which the patio is associated with.
b. No outdoor patio shall be located in a yard abutting a residential or institutional zone. No
part of an outdoor patio shall be located less than 10 metres (32.8 ft) from lands zoned
for residential or institutional use. No outdoor patio shall be raised above the grade of
the finished floor elevation of the ground floor.
c. Notwithstanding the provisions of Section 3.31, no outdoor patio associated with a
commercial use shall be permitted to encroach into a required yard.
d. All outdoor lighting shall be directed toward or onto the patio area and away from
adjoining properties and street.
e. Parking spaces shall be required for the total gross floor area associated with the
outdoor patio at a rate of 80% as for a restaurant or tavern.
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3.24 Public Uses Permitted
Notwithstanding anything in this By-Law to the contrary, the provisions of this By-Law shall
not apply to the use of any land or the erection or use of any building or structure for the
purpose of public service by the Government of Canada or Ontario, the Corporation of the
Municipality of Red Lake, utility companies or any local Board thereof as defined by the
Municipal Act as amended from time to time, but not including any school board or any post-
secondary educational institute board, provided that:
a. The lot coverage, setback and yard requirements prescribed for the zone in which
such land, building or structure is located are complied with;
b. No goods, material or equipment are stored in the open in a residential zone, or
within 60 m (196.85 ft) of a residential zone;
c. Any building erected in a residential zone under the authority of this Section is
designed and maintained in harmony with residential buildings permitted and
existing in the said residential zone; and
d. Any parking and loading requirements are complied with.
3.25 Services Required
No building or structure shall be erected or used unless the requirements of the
Northwestern Health Unit and the Ministry of the Environment are met for the supply of
potable water and the collection of sanitary sewage and other wastes.
3.26 Special Setbacks and Separation Distances
a. Adult Entertainment Establishments
Notwithstanding any other provision of this By-Law, no adult entertainment
establishment shall be located less than 400 m from another adult entertainment
establishment and no less than 100 m from any institutional, open space or
residential zone. This separation distance shall be measured from the closest point
of each property line.
b. Agricultural Uses
i.
Any new livestock facility or manure or material storage shall comply with
the Minimum Distance Separation Formulae II as amended and implemented
by the Province from time to time, where applicable.
ii.
Any new sensitive land use shall comply with the Minimum Distance
Separation Formulae I as amended and implemented by the Province from
time to time, where applicable. The Minimum Distance Separation Formulae
I shall not apply to lots of record in existence on December 18th, 2006.
c. Industrial Uses
i.
The minimum separation distance between a sensitive land use and a Class I
Industrial Use shall be 70 m (229.66 ft.) and shall be measured from the
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nearest lot line of the sensitive land use to nearest lot line of the Class I
Industrial Use, or vice versa.
ii.
The minimum separation distance between a sensitive land use and a Class II
Industrial Use shall be 300 m (984.25 ft) and shall be measured from the
nearest lot line of the sensitive land use to nearest lot line of the Class II
Industrial Use, or vice versa.
iii.
The minimum separation distance between a sensitive land use and a Class
III Industrial Use shall be 1,000 m (3,280.84 ft) and shall be measured from
the nearest lot line of the sensitive land use to nearest lot line of the Class III
Industrial Use, or vice versa.
iv.
Paragraphs (i) to (iii) shall not apply to prevent the use of land and the
erection of buildings and structures on lots of record in existence on
December 18th, 2006.
d. Aggregate Pits and Quarries
i.
No land shall be used for a sensitive land use and no building or structure
shall be erected for a sensitive land use less than 300 m (984.25 ft) of an
aggregate pit.
ii.
No land shall be used for a sensitive land use and no building or structure
shall be erected for a sensitive land use less than 1,000 m (3,280.84 ft) of a
quarry.
e. Roads
i.
Notwithstanding any other provision of this By-Law to the contrary, where a
building or structure is to be erected on a lot that abuts a public road
allowance that is less than 20 m (65.62 ft) wide, such building or structure
shall be setback a minimum of 10 m (32.81 ft) plus the required minimum
front yard or exterior side yard setback for the zone in which the building or
structure is to be erected. Such setback shall be measured from the centre
line of the road allowance.
iii.
In addition to municipal requirements, all development adjacent Provincial
highways is also subject to the Ontario Ministry of Transportation's
requirements and permits.
f. Sewage Treatment Plant
No land shall be used for a sensitive land use and no building or structure shall be
erected for a sensitive land use less than 400 m (1,312.34 ft) from a sewage
treatment plant.
g. Waterbodies and Watercourses
i.
No buildings or structures and no accessory buildings or structures shall be
erected less than 30 m (98.4 ft) from the high water mark of any waterbody
or watercourse.
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ii.
No sewage disposal system shall be located less than 30 m (98.4 ft) from the
high water mark of any waterbody or watercourse.
iii.
Notwithstanding paragraph (i), waterfront structures (not including sheds,
garages, storage buildings or saunas, or docks, boat houses, viewing decks or
other such structures, requiring, by their nature, placement on the water's
edge) shall be setback a minimum of 15 m (49.2 ft) from the high water mark
of any waterbody or watercourse;
iv.
Notwithstanding paragraphs (i) and (iii), docks, boat houses, viewing decks
and other such structures requiring, by their nature, placement on the
water's edge, may be located on the high water mark of a waterbody or
watercourse.
v.
The setbacks required by paragraphs (i) to (iv) shall be measured as the
shortest horizontal distance from the nearest part of the building or
structure or the edge of the filter bed/tile bed/leaching bed of a sewage
disposal system to the high water mark of the waterbody or watercourse.
vi.
The Ontario Ministry of Natural Resources should be contacted for uses
permitted on Crown Shoreline Reserves.
h. Hazard Lands and Top of Bank
i.
Notwithstanding any other provisions of this By-Law, no building or
structure shall be erected less than 15 m (49.21 ft) from lands zoned Hazard
Land (HL) Zone.
ii.
Notwithstanding any other provisions of this By-Law, for those lands along
the shoreline of Red Lake, no building or structure shall be erected less than
15 m (49.2 ft) from a flood elevation of 356.7 m C.G.V.D. 1927 for sheltered
areas not exposed to wave action, or from a flood elevation of 357.3 m
C.G.V.D. 1927 for exposed areas.
i.
Waste Disposal Sites
No land shall be used for a sensitive land use and no building or structure shall be
erected for a sensitive land use less than 500 m (1,640.42 ft) of an active waste
disposal site.
3.27 Special Temporary Uses
Nothing in this By-Law shall prevent the use of land or the use or erection of a temporary
building or structure for:
a. construction in progress on the premises for which a building permit has been
granted, until such time as the work has been finished or abandoned. A scaffold shall
be considered a temporary structure;
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b. a sign having an area of not more than 4.5 m2 (48.44 ft2) incidental to construction in
progress on premises for which a building permit has been granted, until such time
as work has been finished or abandoned;
c. a carnival, circus or festival or other public gathering, each of which is held not more
than twice per year, in the Institutional (I) Zone or the Open Space (OS) Zone;
d. a farmer's market held not more than two (2) days per week; or
e. garage sale which is held not more than twice per year on a lot in a Residential Zone.
3.28 Storage Containers
Unless otherwise permitted in this By-Law, no object such as a storage container shall be
used or converted for use as an accessory building or structure on lands except in the Light
Industrial (M1) Zone, General Industrial (M2) Zone, Heavy Industrial (M3) Zone, Extractive
Industrial (MX) Zone or Mineral Mining (MM) Zone. Where permitted a storage container
shall be converted and used exclusively for the storage of goods and materials and may not
be used to accommodate work areas, shops, office uses, retail uses, showrooms or human
habitation.
3.29 Street Frontage Requirements
a. No building or structure shall be erected and no land shall be used unless the lot
upon which such building or structure is to be erected or such use is to take place,
except as otherwise specifically permitted in this By-Law, has lot frontage upon a
street which is opened and maintained by the Municipality of Red Lake, the Province
of Ontario or some other public road authority.
b. Notwithstanding paragraph (a), frontage upon a street which is opened and
maintained by the Municipality of Red Lake, the Province of Ontario or some other
road authority shall not be required for the following:
i.
lots in the Recreational Residential (R5) and Tourist Commercial (C4) zones
where frontage is on a private road or the lot is a water access lot;
ii.
permitted uses on an island where parking is available through a legal
agreement on the mainland and the lot is a water access lot;
iii.
hunt camps and fishing camps;
iv.
parks and passive outdoor recreational uses (e.g. skiing, hiking, mountain
biking, etc);
v.
quarries and aggregate pits;
vi.
public service uses and public utilities;
vii.
conservation uses;
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viii.
forestry;
ix.
mineral exploration;
x.
mineral mining operations;
xi.
hydro-electric facilities;
xii.
residential units in a registered plan of condominium, provided that the
condominium has frontage on an open public road; and,
xiii.
individual lots in a shopping centre provided that access to an open public
road is available through registered easements on the title of the subject
properties.
c. Notwithstanding paragraphs (a) and (b), buildings and structures may be erected
upon, and land may be used on, a lot within a registered plan of subdivision in
accordance with the provisions of a subdivision agreement in respect of such plan of
subdivision notwithstanding that the streets or roads within such plan of subdivision
have not been assumed by the Municipality of Red Lake and are not being
maintained by the municipality.
3.30 Structures in Water
No building or structure shall be erected, altered or used in a navigable waterway except in
compliance with the Beds of Navigable Waters Act, the Lakes and Rivers Improvement Act
and Public Lands Act, or as revised or amended from time to time.
3.31 Yard Encroachments
Every part of any yard required by this By-Law shall be open and unobstructed by any
structure, other than a fence or accessory building or structure permitted elsewhere in this
By-Law, from the ground to the sky, provided however that those structures listed in the
following table shall be permitted to project into the yards indicated the distances
specified:
Structure
Yard in which
Projection is
Permitted
Maximum Projection
Permitted
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, heat
pumps, ventilators, shutters,
parapets, or other ornamental
structures or features
Any Yard
0.5 m (1.64 ft)
Fire escapes and exterior staircases
Rear Yard
1.5 m (4.92 ft)
Window bays, window awnings
Front and Rear Yard
1 m (3.28 ft)
Balconies (all dwelling types except
apartment building dwellings)
Front and Rear Yard
2 m (6.56 ft)
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Structure
Yard in which
Projection is
Permitted
Maximum Projection
Permitted
Balconies (apartment building
dwellings)
Any Yard
1.5 m (4.92 ft)
Unenclosed porch, uncovered
platform landing, or steps
Any Yard
2.5 m (8.2 ft)
Clothes poles, signs, garden trellises,
light standards, security cameras
and similar accessories
Any Yard
No Maximum
Deck or patio
Side and Front Yard
3 m (9.84 ft), but must
be setback 2 m (6.56 ft)
from front lot line
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SECTION 4
Zones and Zoning Maps
4.1 Zone Classification
For the purposes of this By-Law, the maps attached hereto as Schedules 1 through 18 shall
form part of this By-Law, shall be referred to as the 'Zoning Maps of the Municipality of Red
Lake' and the said Zoning Maps shall be divided into the following zones:
Zones
Symbol
Townsite Residential Density 1 Zone
R1
Townsite Residential Density 2 Zone
R2
Mobile Home Residential Zone
R3
Rural Residential Zone
R4
Recreational Residential Zone
R5
Townsite Commercial Zone
C1
Local Commercial
C2
Highway Commercial Zone
C3
Tourist Commercial Zone
C4
Light Industrial Zone
M1
General Industrial Zone
M2
Heavy Industrial Zone
M3
Extractive Industrial Zone
MX
Mineral Mining Zone
MM
Open Space Zone
OS
Institutional Zone
I
Natural Resources Zone
NR
Hazard Land Zone
HL
Environmental Protection Zone
EP
4.2 Use of Zone Symbols
The Symbols listed in Section 4.1 shall be used to refer to land, buildings and structures and
the uses thereof permitted by this By-Law in the said Zones, and wherever in this By-Law the
word 'Zone' is used, preceded by any of the said symbols, such zones shall mean any area
within the Municipality of Red Lake delineated on the Zoning Maps and designated therein
by the said symbol.
a. Special Zone Provisions
Where the zone symbol designating certain lands is shown on the Zoning Maps
followed by a dash and a number (e.g. C2-1), the special provisions may be found in
the By-Law which deals with the particular zone. Lands zoned as such shall be
subject to all regulations and requirements of the zone except as otherwise
provided by the special provisions.
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b. Holding Provisions
Where the zone symbol on the Zoning Maps is followed by the suffix "-h", the lands
shall be deemed to be in a special Holding Zone. Lands in a Holding Zone may only
be used for existing uses and shall be in accordance with the provisions of the
applicable zone, not including Permitted Uses. The holding symbol may only be
removed by a By-Law passed by Council.
4.3 Interpretation of Zone Boundaries
Where any uncertainty exists as to the location of the boundary of any of the said zones as
shown on the Zoning Maps, the following shall apply:
a. Where a boundary is shown as following a highway, street or lane, the boundary
shall be the centre line of such highway, street or lane;
b. Where a zone boundary are indicated as approximately following lot lines shown on
a registered plan of subdivision, such lot lines shall be deemed to be the said
boundary;
c. Where a zone boundary is indicated as following a watercourse, stream, creek or the
right-of-way of an electrical, hydro, gas or oil transmission line, the centerline of such
watercourse, stream, creek or line shall be deemed to be the said boundary;
d. A boundary indicated as following the shoreline shall follow the high water mark of
the waterbody, and in the event of a change in the high water mark, the boundary
shall be construed as moving with the high water mark;
e. In the event a dedicated street, lane or right-of-way shown on the Zoning Map is
closed, the property formerly in said street, lane or right-of-way shall be included
within the zone of the adjoining property on either side of the said closed street,
lane or right-of-way, and the zoning boundary shall be the former centre line of said
closed street, lane or right-of-way;
f. Where any zone boundary is left uncertain after application of the preceding
provisions, then the boundary line shall be determined according to the scale on the
Zoning Maps in the office of the Clerk of the Municipality of Red Lake;
g. Wherever it occurs, the municipal limit of the Municipality of Red Lake is the
boundary of the zone adjacent to it.
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SECTION 5
Townsite Residential Density 1 (R1) Zone
No person shall use any land or erect, alter or use any building or structure in the Townsite
Residential Density 1 (R1) Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-Law.
5.1 Permitted Uses
Boarding House
Dwelling, Modular
Dwelling, Multi-unit
Dwelling, Semi-detached
Dwelling, Single-detached
Group Home
5.2 Zone Requirements
General Provisions
Single-detached,
Modular, Boarding House
& Group Home
Semi-detached & Multi-unit
(per unit) & Group Home
Minimum Lot Area
460 m² (4,951 ft2)
275 m2 (2,960 ft2)
Minimum Lot Frontage
15 m (49.21 ft)
9 m (29.53 ft)
Minimum Lot Frontage
(Water frontage)
30 m
30 m
Maximum Number of
Dwelling Units / Lot
1
2
Maximum Lot Coverage
40%
40%
Maximum Height
7.5 m (24.61 ft)
7.5 m (24.61 ft)
Minimum Front Yard
6 m (19.7 ft)
6 m (19.7 ft)
Minimum Exterior Side Yard
5 m (16.4 ft)
5 m (16.4 ft)
Minimum Interior Side Yard
1.2 m (3.28 ft) *
2 m (6.56 ft)
Minimum Rear Yard
10.5 m (34.45 ft)
10.5 m (34.45 ft)
Maximum Lot Coverage -
Accessory Buildings
15%
15%
Notwithstanding the above, where no private garage is attached to a single-detached,
modular or semi-detached dwelling, the minimum interior side yard width shall be 1.2 m on
one side of the main building and a minimum of 3 m on the other side of the building.
Notwithstanding this, no side yard shall be required between the common walls dividing
semi-detached dwelling units.
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5.3 Additional Provisions
Uses in Townsite Residential Density 1 (R1) Zone shall be serviced by full municipal services.
Accessory uses, buildings and structures, bed and breakfast establishments, home based
businesses, dwelling unit floor areas, parking, street frontage, special setbacks and other
general provisions shall be in accordance with Section 3 of this By-Law.
Lots fronting on both a navigable waterway and a municipal street, shall have a minimum
frontage of 45 m and 11 m respectively.
5.4 Site Specific Provisions
R1-1 Zone: 1-12, 14, 16, 18, 20, 22 24 and 26 Dupont Drive
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned R1-1, the
minimum floor area shall be 150 m2 (492.13 ft2).
R1-2 Zone: 28 Paisck Crescent, 1 Blende Street, 46, 48, 50, 52, 54 Forestry Road
Notwithstanding anything to the contrary in this By-Law, a private sewage disposal system
shall be permitted on lands zoned R1-2.
R1-3 Zone: Lot 81 (Plan M-355), Township of Dome, municipally known as 92 Hammell Road
Notwithstanding any other provision within this By-Law to the contrary, on lands zoned R1-3
(92 Hammell Road), a single dwelling unit is permitted to be developed 1.5 metres closer to
the front line and 2 metres closer to the rear lot line than generally permitted.
R1-4 Zone: 16 Poplar Crescent
Notwithstanding anything to the contrary in this By-Law, a laundry service is permitted to
function within the provisions of a home based business upon property zoned Townsite
Residential (R1-4).
R1-5 Zone: 12 Cochenour Crescent
Notwithstanding any other provision of this By-law for a home based business to be
permitted upon lands zoned R1, being a personal care establishment, a home occupation is
permitted to be constructed within a proposed accessory building measuring 3.7 m by 7.4 m.
In addition, the accessory building is permitted to be serviced with a composting toilet for
intermittent use by patrons of the business.
5.5 Site Specific Holding Zones
R1-h1 Zone : Crown Lands
An Official Plan amendment is required to remove the crown land overlay prior to
development on land zoned R1-h1. A Plan of Subdivision shall also be required prior to the
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removal of the 'h' symbol
R1-h2 Zone
A Plan of Subdivision shall be required prior to the removal of the 'h' symbol on lands zoned
R1-h2.
R1-h3 Zone : Balmertown Residential Area Overlay
A Record of Site Condition, prepared by a qualified person in accordance with current
Ministry of Environment Guidelines, and acknowleged by the Ministry of the Environment,
shall be required prior to the removal of the 'h' symbol on lands zoned R1-h3.
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SECTION 6
Townsite Residential Density 2 (R2) Zone
No person shall use any land or erect, alter or use any building or structure in the Townsite
Residential Density 2 (R2) Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-Law.
6.1 Permitted Uses
Boarding House
Dwelling, Apartment Building
Dwelling, Multi-unit
Dwelling, Row or Townhouse
Group Home
6.2 Zone Requirements
Provision
Multi-unit
(per unit) &
Group Home
Row or Townhouse
(per unit)
Apartment
Minimum Lot Area
230 m²
(2,476 ft2)
230 m²
(2,476 ft2)
230 m² (2,476 ft2) per
unit plus 93 m² (1,000
ft2) for every dwelling
unit above 4
Minimum Lot
Frontage
8 m
8 m
30 m (98.43 ft)
Maximum Number
of Dwelling Units /
Lot
4
4
Not applicable
Maximum Lot
Coverage
40%
40%
40%
Maximum Height
10.5 m
(34.45 ft)
10.5 m
(34.45 ft)
10.5 m
(34.45 ft)
Minimum Front
Yard
7.5 m
(24.61 ft)
6 m
7.5 m
(24.61 ft)
Minimum Exterior
Side Yard
7 m
(22.97 ft)
5.5 m
7 m
(22.97 ft)
Minimum Interior
Side Yard
3 m
1.2 m
4.5 m
(14.76 ft)
Minimum Rear
Yard
10.5 m
(34.45 ft)
8 m
10.5 m
(34.45 ft)
Maximum Lot
Coverage -
Accessory Use
15%
15%
15%
Notwithstanding the above, in the case of a row or townhouse dwelling, no interior side yard
shall be required between the common walls dividing dwelling units.
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6.3 Additional Provisions
Uses in Townsite Residential Density 2 (R2) Zone shall be serviced by full municipal services.
Accessory uses, buildings and structures, home based businesses, dwelling unit floor areas,
parking, street frontage, special setbacks and other general provisions shall be in
accordance with Section 3 of this By-Law.
6.4 Site Specific Provisions
R2-1 Zone: 6 Discovery Road
Notwithstanding any other provisions of this By-Law to the contrary, the following zone
exemptions shall apply to lands zoned R2-1:
a. Parking lots and parking areas shall be permitted in any required rear yard and
interior side yard;
b. The maximum number of dwelling units shall be sixteen (16);
c. The minimum front yard requirement shall be 3 m (9.84 ft); and
d. An accounting office, dental office, physician's office, lawyer's office, optometrist's
office, consultant's office, surveyor's office and chiropractor's office are permitted
as accessory uses.
R2-2 Zone: 9 Howey Bay Road
Notwithstanding any other provisions of this By-Law to the contrary, a parking area is
permitted in any part of the front yard in the R2-2 zone.
R2-3 Zone: 2 Howey Bay Road and 9 Howey Bay Road
Notwithstanding any other provisions of this By-Law to the contrary, on those lands zoned
R2-3, the minimum floor area shall be 19 m2 (204.51 ft2) for bachelor suites and 39 m2 (419.79
ft2) for one bedroom suites, and the minimum number of parking spaces shall be eight (8).
R2-4 Zone: 22 MacIntosh Street
Notwithstanding any other provisions of the By-Law to the contrary, a parking area is
permitted in any part of the front yard in the R2-2 zone. In addition, notwithstanding
anything to the contrary in this By-Law, a second main building is permitted to be used for a
dormitory in the R2-4 zone.
R2-5 Zone: 27 Howey Street
Notwithstanding any other provision within this By-Law to the contrary, on lands zoned R2-5
(27 Howey Street), a dwelling is permitted to be developed 2.5 metres closer to the exterior
side lot line than generally permitted.
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R2 - 6 Zone: 5 Sullivan Street
Notwithstanding any other provisions within this By-Law to the contrary, on lands zoned
R2-6 (5 Sullivan Street), the minimum frontage shall be 23.68 metres and the front yard
setback reduced to 6.005 metres.
R2-7 Zone: 7 Sullivan Street
Notwithstanding any other provisions within this By-Law to the contrary, on lands zoned R2-
7 (7 Sullivan Street), the minimum frontage shall be 21.5 metres and the front yard setback
reduced to 6.006 metres.
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SECTION 7
Mobile Home Residential (R3) Zone
No person shall use any land or erect, alter or use any building or structure in the Mobile Home
Residential (R3) Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-Law.
7.1 Permitted Uses
Dwelling, Mobile Home
Dwelling, Modular
7.2 Zone Requirements
General Provisions
Minimum Lot Area
600 m2
Minimum Lot Frontage
15 m
Maximum Number of Dwelling Units /
Lot
1
Main Buildings
Maximum Lot Coverage
40%
Maximum Height
7.5 m
Minimum Front Yard
7.5 m
Minimum Exterior Side Yard
5 m
Minimum Interior Side Yard
1 m (min). The combined total of the
interior side yard setbacks for interior
lots shall not be less than 4 m
Minimum Rear Yard
7.5 m
7.3 Additional Provisions
Uses in Mobile Home Residential (R3) Zone shall be serviced by full municipal services.
Accessory uses, buildings and structures, minimum dwelling unit floor areas, parking, street
frontage, special setbacks and other general provisions shall be in accordance with Section 3
of this By-Law.
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SECTION 8
Rural Residential (R4) Zone
No person shall use any land or erect, alter or use any building or structure in the Rural Residential
(R4) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
8.1 Permitted Uses
Dwelling, Modular
Dwelling, Single-detached
8.2 Zone Requirements
General Provisions
Minimum Lot Area
0.8 ha (1.98 ac)
Minimum Lot Frontage
45 m (147.64 ft)
Maximum Number of Dwelling Units /
Lot
1
Main Buildings
Maximum Lot Coverage
15%
Maximum Height
10.5 m (34.45 ft)
Minimum Front Yard
10 m (32.81 ft)
Minimum Side Yard
5 m (16.4 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
Accessory Buildings and Structures
Maximum Lot Coverage
3% up to a maximum of
204.39 m2 (2,200 ft2)
8.3 Additional Provisions
Accessory uses, buildings and structures, accessory residential uses, bed and breakfast
establishments, home based businesses, minimum dwelling unit floor areas, parking, street
frontage, special setbacks, servicing and other general provisions shall be in accordance
with Section 3 of this By-Law.
Lots fronting on both a navigable waterway and a municipal street, shall have a minimum
frontage of 45 m and 11 m respectively.
8.4 Site Specific Provisions
R4-1 Zone: 104 Howey Bay Road and 6, 8, 10, 12 and 14 Dunn Drive
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned R1--5,
the minimum lot frontage shall be 33 m (108.27 ft).
R4-2 Zone: 90 McManus Street
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Notwithstanding any other provision of this By-Law to the contrary, a single-detached
dwelling shall be permitted on lands zoned R4-2 (Lot 6 of Plan M-787) and such dwelling
shall have a minimum setback from the water of 15 m (49.21 ft).
R4-3 Zone: 32 McManus Street
Notwithstanding any other provision of this By-Law to the contrary, a single-detached
dwelling shall be permitted on lands zoned R4-3 (Lot 15, Plan M-786) with a minimum
setback from the water of 19.8 m (64.96 ft).
R4-4 Zone: 8 Pickerel Drive
Notwithstanding any other provision of this By-Law to the contrary, the minimum elevation
of doors, windows or other openings in buildings and structures on lands zoned R4-4 (Part
of Block 5 of Plan 23M-799) shall be 356.7 m above sea level. In addition, a Garden Suite shall
be permitted for the period of 10 years, commencing August 24th, 2015 and ending August
24th, 2025.
R4-5 Zone: Mining Claims KRL-463 and KRL-465, McMarmac
Notwithstanding any other provision of this By-Law to the contrary, the minimum lot
frontage required on lands zoned R4-5 shall be 30 m (98.43 ft).
R4-6 Zone: 7 Pickerel Drive, 281 Highway 105, and 71 Highway 105
Notwithstanding any other provisions of this By-Law to the contrary, on lands zoned R4-6,
the keeping of a maximum of four (4) horses for personal use shall be permitted.
R4-7 Zone: 87 Howey Bay Road
Notwithstanding any other provisions of this By-law to the contrary, a duplex shall be
permitted on lands zoned R4-7.
R4-8 Zone: Starratt-Olsen
Notwithstanding Section 2 of this By-law, for the purposes of the R4-8 Zone, a 'Lot' shall
mean the extent of the R4-8 zone boundary.
R4-9: West Rahill Drive
Notwithtsanding any part of Subsection 8.2 of this By-Law, a lot measuring less than 1 ha
may be used for rural residential purposes.
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SECTION 9
Recreational Residential (R5) Zone
No person shall use any land or erect, alter or use any building or structure in the Recreational
Residential (R5) Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-Law.
9.1
Permitted Uses
Dwelling, Recreational
9.2
Zone Requirements
General Provisions
Minimum Lot Area
1 ha (2.47 ac)
Minimum Lot Frontage
45 m (147.64 ft)
Maximum Number of Dwelling Units /
Lot
1
Main Buildings
Maximum Lot Coverage
15%
Maximum Height
7.5 m (24.61 ft)
Minimum Front Yard
10 m (32.81 ft)
Minimum Side Yard
5 m (16.4 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
9.3
Additional Provisions
Accessory uses, buildings and structures, accessory residential uses, minimum dwelling unit
floor areas, parking, street frontage, special setbacks, servicing and other general provisions
shall be in accordance with Section 3 of this By-Law.
9.4
Site Specific Provisions
R5-1 Zone: Lots 1-6 of Plan 23M-917
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned R5-1, a
seasonal dwelling is permitted with access by water and/or private right-of-way and with a
minimum lot area of 2,375 m2 (25,564.29 ft2) and a lot frontage of 25 m (82.02 ft).
R5-2 Zone: Lots 1-6 of Plan 23M-917 and Lots 1-13 of Plan 23M-903 (MC KRL, Part RP 23R-
10689, Parts 1, 2 and 3, East Bay)
Notwithstanding any other provision of this By-Law to the contrary, the minimum elevation
of doors, windows or other openings in buildings and structures on lands zoned R5-2 (lands
in mining claims KRL-95, KRL-96, KRL-97, KRL-11481 and KRL-18894) is 356.7 m above sea
level.
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R5-3 Zone: KRL 20013 McNeely Bay
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned R5-3
(part of mining claim KRL-20013) a single-detached dwelling for recreational residential use
is permitted to be serviced by a private road, and the minimum elevation of doors, windows
or other openings in buildings and structures shall be 356.7 m above sea level.
R5-4 Zone: EB 2777, Part 1 (Plan KR-1502), Township of Dome
Notwithstanding any other provision within this By-Law to the contrary, on lands zoned R5-4
(Part 1 on Plan KR-1502), an accessory building for use of a sauna and guest cabin is
permitted to be placed 15 metres from the high water mark of Red Lake.
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SECTION 10 Townsite Commercial (C1) Zone
No person shall use any land or erect, alter or use any building or structure in the Townsite
Commercial (C1) Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-Law.
10.1 Permitted Uses
Animal Hospital
Apartments above, behind or below permitted non-residential uses
Art Gallery
Automobile Service Station
Bank
Community Centre
Convenience Store
Funeral Home
Gasoline Bar
Hotel
Laundromat
Library
Marina
Museum
Office
Park
Parking Lot
Personal Service Establishment
Place of Amusement
Place of Assembly
Post Office
Private Club
Restaurant
Retail Store
Seaplane Base
Shopping Centre
Theatre
Tourist Outfitters Establishment
10.2 Zone Requirements
Main Buildings
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
Where front yard lies opposite to a
residential zone: 6 m (19.69 ft)
All other cases: 0 m (0 ft)
Minimum Side Yard
Automobile Service Stations, Gasoline
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Main Buildings
Bars, Seaplane Bases, Hotels, Motels: 3
m (9.84 ft)
Where side yard abuts a residential
zone: 4.5 m (14.76 ft)
All other cases: 0 m (0 ft)
Minimum Rear Yard
Where rear yard abuts a lane or public
street: 2 m (6.56 ft)
All other cases: 3 m (9.84 ft)
10.3 Additional Provisions
a. Uses in Townsite Commercial (C1) Zone shall be serviced by full municipal services.
b. In the Townsite Commercial (C1) Zone non-residential uses shall occupy a minimum
of 25% of the gross floor area of the building or structure in which it is located.
c. Automobile Service Stations and Gasoline Bars
i.
Notwithstanding Section 13.2 to the contrary, the minimum lot frontage of
automobile service stations and gasoline bars shall be 45 m (147.64 ft) for
corner lots and 30 m (98.43 ft) for interior lots.
ii.
Automobile service stations and gasoline bars shall have a minimum lot
depth of 38 m (124.67 ft).
iii.
The provisions of Section 3.4 shall apply to automobile service stations and
gasoline bars in the Townsite Commercial (C1) Zone.
d. Buffer Strip
Where the Townsite Commercial (C1) Zone abuts an Institutional (I) Zone, Open
Space (OS) Zone, residential zone or lands where the main use is residential, a buffer
strip shall be provided and maintained along the abutting lot lines having a minimum
width of 2.5 m (8.2 ft) and shall be in compliance with Section 3.6 of this By-Law.
e. Any retail store engaged in manufacturing on the premises shall not dedicate more
than 50% of the gross floor area of the business to such manufacturing. Such
products manufactured on-site shall be intended for sale at retail on the premises.
Such manufacturing shall not produce excessive noise, vibration, dust or other such
emissions so as to offend residential uses in proximity of the place engaged in
product manufacturing, and such manufacturing shall comply with any Noise By-Law
enacted by the Municipality of Red Lake.
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f. Dwelling Units
i.
Apartments shall be permitted above, behind and below permitted non-
residential uses listed in Section 10.1 (exclusive of automobile service
stations and gasoline bars), and such apartments shall be provided with
parking in accordance with this By-Law.
ii.
In addition to paragraph (f)(i), no non-residential place where gasoline,
petroleum products or any other highly flammable, toxic or explosive
products are handled shall have contiguous dwelling units above, behind or
below such non-residential use. Where such dwelling units exist and the use
of the non-residential place changes to a use involving the aforementioned
products the said dwelling unit(s) shall cease to be occupied as a dwelling
unit(s).
g. The minimum gross floor area of commercial uses in the Townsite Commercial (C1)
Zone shall be 55 m2 (592.02 ft2).
h. Accessory uses, buildings and structures, automobile uses, minimum dwelling unit
floor areas, parking, street frontage, special setbacks and other general provisions
shall be in accordance with Section 3 of this By-Law.
i.
Notwithstanding any other provision of this By-Law to the contrary, the minimum
width of a driveway for ingress and egress to and from a lot zoned Shopping Centre
Commercial (C3) Zone shall be 9 m (29.53 ft).
10.4 Site Specific Provisions
C1-p Zone: Select lots on Howey Street and Fifth Street
The site specific provisions for lands zoned C1-p shall be in accordance with subsection
3.23(g) of this By-Law.
C1-1 Zone: 9 Discovery Road
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned C1-1, no
building or structure shall be used, altered or erected except for the following:
i.
office
ii.
barber shop or beauty parlour
iii.
dwelling above a permitted commercial use
iv.
accessory buildings and structures.
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SECTION 11 Local Commercial (C2) Zone
No person shall use any land or erect, alter or use any building or structure in the Local
Commercial (C2) Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-Law.
11.1 Permitted Uses
Apartments above, behind or below permitted non-residential uses
Bakery
Convenience Store
Gift Shop
Personal Service Establishment
Laundromat
11.2 Zone Requirements
General Provisions
Minimum Lot Area
230 m2 (2,475.7 ft2)
Minimum Lot Frontage
8 m (26.25 ft)
Main Buildings
Maximum Lot Coverage
50%
Maximum Height
7.5 m (24.61 ft)
Minimum Front Yard
4.5 m (14.76 ft)
Minimum Interior Side Yard
Where not attached to another building:
2 m (6.56 ft)
Where attached to another building: 0 m
(0 ft)
Minimum Exterior Side Yard
3 m (9.84 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
11.3 Additional Provisions
a. Uses in the Local Commercial (C2) Zone shall be serviced by full municipal services.
b. In the Local Commercial (C2) Zone, commercial uses shall not have a gross floor area
exceeding 150 m2 (1,614.59 ft2).
c. Buffer Strip
i.
Where the Local Commercial (C2) Zone abuts an Institutional (I) Zone, Open Space
(OS) Zone, residential zone or lands where the main use is residential, a buffer strip
shall be provided and maintained along the abutting lot lines having a minimum
width of 2 m (6.56 ft) and shall be in compliance with Section 3.6 of this By-Law.
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ii.
In the Local Commercial (C2) Zone, non-residential uses shall occupy a minimum of
50% of the gross floor area of the building or structure in which it is located.
d. Dwelling Units
i.
Apartments shall be permitted above, behind and below permitted non-residential
uses listed in Section 11.1, and such apartments shall be provided with parking in
accordance with this By-Law.
ii.
In addition to paragraph (e)(i), no non-residential place where gasoline, petroleum
products or any other highly flammable, toxic or explosive products are handled
shall have contiguous dwelling units above, behind or below such non-residential
use. Where such dwelling units exist and the use of the non-residential place
changes to a use involving the aforementioned products the said dwelling unit(s)
shall cease to be occupied as a dwelling unit(s).
iii.
Accessory uses, buildings and structures, parking, street frontage, special setbacks
and other general provisions shall be in accordance with Section 3 of this By-Law.
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SECTION 12 Highway Commercial (C3) Zone
No person shall use any land or erect, alter or use any building or structure in the Highway
Commercial (C3) Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-Law.
12.1 Permitted Uses
Automobile Sales Establishment
Automobile Service Station
Building Supply Outlet
Car Wash
Fuel Depot
Gasoline Bar
Hotel
Recreational Vehicle Sales Establishment
Restaurant
Retail Store
Shopping Centre
Theatre
Fuel Depot
12.2 Zone Requirements
General Provisions
Minimum Lot Area
Where serviced by full municipal
services: 1,390 m2 (14,961.84 ft2)
Where serviced by individual on-site
services: 2,045 m2 (22,012.2 ft2)
Minimum Lot Frontage
30 m (98.43 ft)
Main Buildings
Maximum Lot Coverage
40%
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
7.5 m (24.6 ft)
Minimum Interior Side Yard
Where side yard abuts
a residential zone: 7 m (23 ft)
All other cases: 5 m (16.4 ft)
Minimum Exterior Side Yard
7.5 m (24.6 ft)
Minimum Rear Yard
9 m (29.5 ft)
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12.3 Additional Provisions
a. Uses in the Highway Commercial (C3) Zone shall be serviced by full municipal services.
b. Automobile Service Stations and Gasoline Bars:
i.
Notwithstanding anything to the contrary in this By-law, the minimum lot frontage
of automobile service stations and gasoline bars on corner lots shall be 45 m (147.64
ft).
ii.
Automobile service stations and gasoline bars shall have a minimum lot depth of 38
m (124.67 ft).
iii.
The provisions of Section 3.4 shall apply to automobile service stations and gasoline
bars in the Highway Commercial (C3) Zone.
c. Buffer Strip
Where the Highway Commercial (C3) Zone abuts a residential zone or lands where the
main use is residential, a buffer strip shall be provided and maintained along the abutting
lot lines having a minimum width of 2.5 m (8.2 ft) and shall be in compliance with Section
3.6 of this By-Law.
d. Drive-through Facility
Uses permitted in the Highway Commercial (C3) Zone may include a drive-through facility,
and such facility shall be in accordance with the Drive-through Facility provisions of this
By-Law.
e. Accessory uses, buildings and structures, automobile uses, parking, street frontage,
special setbacks and other general provisions shall be in accordance with Section 3 of this
By-Law.
f. Notwithstanding any other provision of this By-Law to the contrary, the minimum width
of a driveway for ingress and egress to and from a Shopping Centre shall be 9 m (29.53
ft).
12.4 Site Specific Provisions
C3-1 Zone: 21 Highway 105
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned C3-1, the
following shall apply:
i.
The minimum rear yard setback shall be 6 m (19.69 ft);
ii.
The minimum side yard setback adjacent to the northerly lot line shall be 4.8
m (15.75 ft);
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iii.
The minimum side yard setback adjacent to the southerly lot line shall be
12.2 m (40.03 ft)
12.5 Site Specific Holding Zones
C3-h1 Zone : Crown Lands
An Official Plan amendment is required to remove the crown land overlay prior to
development on land zoned C3-h1.
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SECTION 13 Rural Commercial (C4) Zone
No person shall use any land or erect, alter or use any building or structure in the Rural Commercial
(C4) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
13.1 Permitted Uses
Campground
Marina
Park
Private Park
Seaplane Base
Tourist Cabin Establishment
Tourist Commercial Outfitters Base
13.2 Zone Requirements
General Provisions
Minimum Lot Area
0.5 ha (1.24 ac)
Minimum Lot Frontage
45 m (147.64 ft)
Main Buildings
Maximum Lot Coverage
15%
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
15 m (49.21 ft)
Minimum Interior Side Yard
Where side yard abuts a residential or
Institutional (I) zone: 10 m (32.81 ft)
All other cases: 5 m (16.40 ft)
Minimum Exterior Side Yard
7.5 m (24.61 ft)
Minimum Rear Yard
10 m (32.81 ft)
13.3 Additional Provisions
a. Accessory Residential Use
One (1) dwelling unit shall be permitted as an accessory use to a permitted main use
in the Rural Commercial (C4) Zone. Such dwelling unit may be a single-detached
dwelling or it may be part of another building on the lot. Where the dwelling unit is
part of another building, it shall not occupy more than 50% of such building.
b. Buffer Strip
Where the Rural Commercial (C4) Zone abuts an Institutional (I) Zone, Open Space
(OS) Zone, residential zone or lands where the main use is residential, a buffer strip
shall be provided and maintained along the abutting lot lines having a minimum
width of 5 m (16.4 ft) and shall be in compliance with Section 3.6 of this By-Law.
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c. Accessory uses, buildings and structures, minimum dwelling unit floor areas, special
separation distances and setbacks, parking, street frontage and other general
provisions shall be in accordance with Section 3 of this By-Law.
13.4 Site Specific Provisions
C4-1 Zone: RFD 196
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned C4-1, the
following provisions shall apply:
i.
Permitted uses shall be limited to a tourist commercial outfitter's base;
ii.
A minimum of ten (10) parking spaces shall be provided and maintained for
such use; and
iii.
Lot frontage on a street is not required.
C4-2 Zone: 279 Highway 105
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned C4-2, the
keeping of horses for commercial gain are permitted.
C4-3 Zone: 23R-11582, Parts 4 and 9 (Carlson Drive)
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned C4-3,
permitted uses shall include a seaplane base and a mixed-use building containing a dwelling
unit and an engine repair business.
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SECTION 14 Light Industrial (M1) Zone
No person shall use any land or erect, alter or use any building or structure in the Industrial (M1)
Zone except in accordance with the provisions of this Section and of any other relevant Sections of
this By-Law.
14.1 Permitted Uses
Animal Hospital
Automobile Body Repair Shop
Automobile Rental Establishment
Automobile Repair Garage
Bulk Sales Establishment
Contractor's Yard
Equipment Rental Establishment
Industry Storage
Light Industrial Uses (Class I)
Self Storage Facility
Transportation Depot
Warehouse
Workshop
14.2 Zone Requirements
Provision
Full Municipal Services
All Other Cases
Minimum Lot Area
2,045 m² (22,012.2 ft2)
2 ha (4.94 ac)
Minimum Lot Frontage
30 m (98.43 ft)
60 m (196.85 ft)
Maximum Lot Coverage
50%
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
Setback
4.5 m (14.76 ft)
Minimum Exterior Side Yard
4.5 m (14.76 ft)
Minimum Interior Side Yard
4.5 m (14.76 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
Maximum Lot Coverage -
Accessory Use
10%
Maximum Number of
Dwelling Units / Lot
1
Notwithstanding the above, where a required yard abuts a Residential, Institutional or Open
Space Zone an additional 7.5 m (24.61 ft) setback from the said lot line shall be required.
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14.3 Additional Provisions
a. Accessory Residential Use
One (1) dwelling unit shall be permitted as an accessory use to a permitted main use
in the Light Industrial (M1) Zone. Such dwelling unit shall be a single-detached
dwelling and shall be separated from the main building a minimum of 10 m (32.8 ft).
Such dwelling unit shall be for the sole use of an employee whose residence on the
premises is essential to the industrial use.
b. Accessory uses, buildings and structures, special separation distances and setbacks,
parking, street frontage and other general provisions shall be in accordance with
Section 3 of this By-Law.
14.4 Site Specific Provisions
M1-3 Zone: 18 Young Street
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned M1-3, no
lands shall be used except for a building supply outlet with a commercial accessory use.
M1-4 Zone: 81 Highway 105
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned M1-4, no
lands shall be used except for a repair shop, storage yard for forestry and construction
equipment and accessory uses.
M1-5: 17 Young Street
Notwithstanding any part of Section 14 of this By-Law, a workshop for carpentry use may be
developed 16 m from the existing legal non conforming residence. The interior side yard and
exterior side yards are permitted to be 3.7 m each, and the rear yard 0.61 m.
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SECTION 15 General Industrial (M2) Zone
No person shall use any land or erect, alter or use any building or structure in the Industrial
(M1) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
15.1 Permitted Uses
Automobile Body Repair Shop
Automobile Rental Establishment
Automobile Repair Garage
Bakery
Bulk Sales Establishment
Contractor's Yard
Equipment Rental Establishment
Forest Products Processing Facility
Fuel Depot
Hydro Generating Station
Hydro Transmission Station
Industry Storage
Kennel
Light Industrial Uses (Class I)
Medium Industrial Uses (Class II)
Recycling Depot or Transfer Station
Sawmill or Planing Mill
Self Storage Facility
Sewage Treatment Facility
Transportation Depot
Warehouse
Water Treatment Facility
Workshop
15.2 Zone Requirements
Provision
Full Municipal Services
All Other Cases
Minimum Lot Area
2,045 m² (22,012.2 ft2)
2 ha (4.94 ac)
Minimum Lot Frontage
30 m (98.43 ft)
60 m (196.85 ft)
Maximum Lot Coverage
50%
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
Setback
4.5 m (14.76 ft)
Minimum Exterior Side Yard
4.5 m (14.76 ft)
Minimum Interior Side Yard
4.5 m (14.76 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
Maximum Lot Coverage -
Accessory Use
10%
Maximum Number of
Dwelling Units / Lot
1
Notwithstanding the above, where a required yard abuts a Residential, Institutional or Open
Space Zone an additional 7.5 m setback from the said lot line shall be required.
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15.3 Additional Provisions
Accessory uses, buildings and structures, special separation distances and setbacks, parking,
street frontage and other general provisions shall be in accordance with Section 3 of this By-
Law.
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SECTION 16 Heavy Industrial (M3) Zone
No person shall use any land or erect, alter or use any building or structure in the Heavy Industrial
(M3) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
16.1 Permitted Uses
Airport
Asphalt / Concrete / Ready Mix Batching Plant
Heavy Industrial Uses (Class III)
Hydro Generating Station
Hydro Transmission Station
Salvage Yard
16.2 Zone Requirements
Provision
Full Municipal Services
All Other Cases
Minimum Lot Area
2,045 m² (22,012.2 ft2)
2 ha (4.94 ac)
Minimum Lot Frontage
30 m (98.43 ft)
60 m (196.85 ft)
Maximum Lot Coverage
50%
Maximum Height
12 m (39.37 ft)
Minimum Front Yard
Setback
10 m (32.81 ft)
Minimum Exterior Side
Yard
7.5 m (24.61 ft)
Minimum Interior Side
Yard
10 m (32.81 ft)
Minimum Rear Yard
7.5 m (24.61 ft)
Maximum Lot Coverage
- Accessory Use
10%
Maximum Number of
Dwelling Units / Lot
1
Notwithstanding the above, where a required yard abuts a Residential, Institutional or Open
Space Zone an additional 10 m setback shall be required.
16.3 Additional Provisions
a. Accessory uses, buildings and structures, special separation distances and setbacks,
parking, street frontage and other general provisions shall be in accordance with
Section 3 of this By-Law.
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b. Salvage Yard
Where land is used for the purpose of a salvage yard (including automobile wrecking
yard, junk yard and scarp metal yard) or a similar use, the storage of derelict
automobiles, scrap metal, junk or similar materials shall not take place in the front
yard or exterior side yard, but may take place in an interior side yard or rear yard
where a natural or artificial screen is to be provided to obscure the industrial
property from the street or adjoining properties that abut it.
16.4 Site Specific Provisions
M3-1 Zone (Sewage Treatment Facility): 23R-6177 Parts 1-4; 23R-6208 Parts 1-3
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned M3-1, a
sewage treatment facility shall be the only use permitted.
M3-2 Zone: (Waste Disposal Sites): 23R-6366 Parts 1-2 & Part of Parts 3 & 4; KRL 128 and 131
(8543 Highway 125); Highway 105
Notwithstanding any other provision of this By-Law to the contrary, on lands zoned M3-2, a
waste disposal site shall be the only use permitted.
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SECTION 17 Extractive Industrial (MX) Zone
No person shall use any land or erect, alter or use any building or structure in the Extractive
Industrial (MX) Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-Law.
17.1 Permitted Uses
Aggregate Pit
Asphalt / Concrete / Ready Mix Batching Plant
Quarry
Wayside Pit
Wayside Quarry
17.2 Zone Requirements
General Provisions
Yard Setbacks (all yards)
10 m (32.8 ft)
17.3 Additional Provisions
a. Accessory uses, buildings and structures, special separation distances and setbacks,
parking, street frontage and other general provisions shall be in accordance with
Section 3 of this By-Law.
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SECTION 18 Mineral Mining (MM) Zone
No person shall use any land or erect, alter or use any building or structure in the Mineral Mining
(MM) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
18.1 Permitted Uses
Agricultural Use
Asphalt / Concrete / Ready Mix Batching Plant
Conservation Use
Forestry
Mineral Exploration
Mineral Mining Operation
18.2 Zone Requirements
General Provisions
Yard Setbacks (all yards)
Industrial Buildings: 20 m (32.8 ft)
All Other Buildings and Structures: 10 m
(32.8 ft)
18.3 Additional Provisions
a. Accessory Residential Uses
A dormitory shall be permitted in the Mineral Mining (MM) Zone as an accessory use
to mineral mining operations and forestry uses. Dormitories shall be separated from
industrial and processing facilities located on the same lot or on adjacent lots a
minimum of 1,000 m (3,280.84 ft). This separation distance may be reduced where
supported by a Feasibility Study in accordance with the Municipality of Red Lake
Official Plan, but shall not be reduced to less than 300 m (984.25 ft). Dormitories
may be serviced by individual on-site services in accordance with Section 3.25 of this
By-Law.
b. Accessory uses, buildings and structures, special separation distances and setbacks,
parking, street frontage and other general provisions shall be in accordance with
Section 3 of this By-Law.
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18.4 Site Specific Provisions
MM-1 Zone: Mining Claims KRL 125 and 126, Township of Balmer
Notwithstanding any other provisions within this By-Law to the contrary, permitted uses on
lands zoned MM-1 shall include the production, supply, sale and delivery of concrete, for
mine and other commercial uses.
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SECTION 19 Open Space (OS) Zone
No person shall use any land or erect, alter or use any building or structure in the Open Space (OS)
Zone except in accordance with the provisions of this Section and of any other relevant Sections of
this By-Law.
19.1 Permitted Uses
Arena
Boat Launch
Cemetery
Community Centre
Golf Course
Marina
Nursery
Park
Private Park
19.2 Zone Requirements
General Provisions
Minimum Landscaped Open Space
50%
Maximum Lot Coverage (All Buildings
and Structures)
10%
Maximum Height
7.5 m (24.61 ft)
Minimum Yard Requirements (main
building, all yards)
7.5 m (24.61 ft)
19.3 Additional Provisions
a. Accessory uses, buildings and structures, special setbacks and other general
provisions shall be in accordance with Section 3 of this By-Law.
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SECTION 20 Institutional (I) Zone
No person shall use any land or erect, alter or use any building or structure in the Institutional (I)
Zone except in accordance with the provisions of this Section and of any other relevant Sections of
this By-Law.
20.1 Permitted Uses
Arena
Clinic
Community Centre
Day Care Centre
Emergency Services Facility
Existing Dog Pounds
Office, operated by a Public Authority
Hospital
Library
Museum
Pharmacy
Place of Assembly
Place of Worship
Post Office
School
20.2 Zone Requirements
Provision
Arena, Hospital, Community
Centre, Place of Assembly,
Place of Worship, & School
All Other Cases
Minimum Lot Area
900 m2 (9,687.52 ft2)
450 m2 (4,843.76 ft2)
Minimum Lot Frontage
30 m (98.43 ft)
15 m (49.21 ft)
Maximum Lot Coverage
50%
50%
Maximum Height
12 m (39.37 ft)
12 m (39.37 ft)
Minimum Front Yard
7.5 m (24.61 ft)
1m (3.28 ft)
Minimum Interior Side Yard
5 m (16.4 ft)
3 m (9.84 ft)
Minimum Exterior Side Yard
7.5 m (24.61 ft)
7.5 m (24.61 ft)
Minimum Rear Yard
10 m (32.81 ft)
7.5 m (24.61 ft)
Maximum Lot Coverage -
Accessory Buildings
10%
10%
20.3 Additional Provisions
a. Uses in Institutional (I) Zone shall be serviced by full municipal services.
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b. Buffer Strip
Where an Arena, Hospital, Community Centre, Place of Assembly, Place of Worship,
or School in the Institutional (I) Zone abuts an Open Space (OS) Zone, residential
zone or lands where the main use is residential, a buffer strip shall be provided and
maintained along the abutting lot lines having a minimum width of 2.5 m (8.2 ft) and
shall be in compliance with Section 3.6 of this By-Law. For all other uses in the
Institutional (I) Zone, the required buffer strip shall be 2 m (6.56 ft).
c. Accessory uses, buildings and structures, parking, street frontage, special setbacks
and other general provisions shall be in accordance with Section 3 of this By-Law.
d. Accessory Residential Uses
A dormitory shall be permitted in the Institutional (I) Zone as an accessory use.
Dormitories shall be subject to the lot provisions of Subsection 19.2 and shall be
serviced by full municipal services.
20.4 Site Specific Provisions
I-1 Zone: 114 Forestry Road
Notwithstanding any other provision of this By-Law to the contrary, lands zoned I-1 may be
serviced by individual on-site services.
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SECTION 21 Natural Resources (NR) Zone
No person shall use any land or erect, alter or use any building or structure in the Natural Resources
(NR) Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-Law.
21.1 Permitted Uses
Agricultural Use
Boat Launch
Conservation Use
Forestry
Mineral Exploration
Existing Residential Uses
Sawmill
Existing Shooting Ranges
Existing Tourist Commercial Establishments
21.2 Zone Requirements
General Provisions
Minimum Yard (all yards)
10 m (32.8 ft)
21.3 Additional Provisions
a. Notwithstanding Section 21.2, reconstruction of existing residential uses in the
Natural Resources (NR) Zone shall be subject to the zone requirements of the Rural
Residential (R4) Zone.
b. Notwithstanding Section 21.2, reconstruction of existing rural commercial
establishments in the Natural Resources (NR) Zone shall be subject to the Rural
Commercial (C5) Zone requirements.
c. Buffer Strip
Where the Natural Resources (NR) Zone abuts an Institutional (I) Zone, Open Space
(OS) Zone, residential zone or lands where the main use is residential, a buffer strip
shall be provided and maintained along the abutting lot lines having a minimum
width of 5 m (16.4 ft) and shall be in compliance with Section 3.6 of this By-Law. This
shall not apply to existing residential uses, agricultural uses or conservation uses.
d. Accessory uses, buildings and structures, special separation distances and setbacks,
parking, street frontage and other general provisions shall be in accordance with
Section 3 of this By-Law.
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21.4 Site Specific Provisions
NR-1 Zone:
Notwithstanding any other provisions within this By-Law to the contrary, permitted uses on
lands zoned NR-1 shall include an aggregate pit.
NR-2 Zone:
Notwithstanding any other provisions within this By-Law to the contrary, permitted uses on
lands zoned NR-2 shall include a dog boarding Kennel.
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SECTION 22 Hazard Land (HL) Zone
No person shall use any land or erect, alter or use any building or structure in the Hazard Land (HL)
Zone except in accordance with the provisions of this Section and of any other relevant Sections of
this By-Law.
22.1 Permitted Uses
Conservation Use
Facilities and structures for bank stabilization, watercourse protection, flood or erosion
control
Forestry
Hydro-electric Facility
Marina
Mineral Exploration
22.2 Zone Requirements
Accessory Buildings and Structures
Maximum Height
4.5 m (14.76 ft)
22.3 Additional Provisions
a. No buildings or structures of any kind shall be used, altered or erected in the Hazard
Land (HL) Zone except for those which by their nature must locate on such lands,
such as flood and erosion control structures and docks.
b. Accessory uses, buildings and structures, parking, special separation distances and
setbacks and other general provisions shall be in accordance with Section 3 of this
By-Law.
22.4 Site Specific Provisions
HL-1 Zone: 15 Hammell Road (Parts 4 and 5 of Plan KR 1992)
Notwithstanding any other provision of this By-Law to the contrary, the lands zoned HL-1,
shall not be used for any of the uses permitted in HL zone.
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SECTION 23 Environmental Protection (EP) Zone
No person shall use any land or erect, alter or use any building or structure in the Environmental
Protection (EP) Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-Law.
23.1 Permitted Uses
Conservation Use
23.2 Zone Requirements
23.3 Additional Provisions
No buildings or structures of any kind shall be used, altered or erected in the Environmental
Protection (EP) Zone.