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TOWNSHIP OF RIDEAU LAKES
1439 County Rd 8, Delta, ON K0E 1G0
Tel: 1-800-928-2250
www.rideaulakes.ca
TOWNSHIP OF RIDEAU LAKES
ZONING BY-LAW NO 2023-50
THE CORPORATION OF THE
TOWNSHIP OF RIDEAU LAKES
BY-LAW NO. 2023-50
A by-law to regulate the use of lands and the character, location
and the use of buildings and structures in the Township of Rideau Lakes
WHEREAS the Planning Act, R.S.O., 1990, Chapter P.13, as amended, provides that the
council of a municipal corporation may pass by-laws to regulate the use of land and the
character, location, density, size and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation of Township of Rideau Lakes enacts as
follows:
THE CORPORATION OF
THE TOWNSHIP OF RIDEAU LAKES
BY-LAW NO. 2023-50
TABLE OF CONTENTS
SECTION 1 - APPLICATION & INTERPRETATION ..................................................... 1
1.1
Title of By-law ................................................................................................... 1
1.2
Scope of By-law ................................................................................................ 1
1.3
Interpretation of By-law ..................................................................................... 2
1.4
Schedules to By-law ......................................................................................... 2
1.5
Zoning Administrator ......................................................................................... 2
1.6
Request for Amendment to Zoning By-law ....................................................... 2
1.7
Inspection.......................................................................................................... 3
1.8
Violations and Penalties .................................................................................... 3
1.9
Remedies .......................................................................................................... 3
1.10 Validity .............................................................................................................. 3
1.11 Technical Revisions .......................................................................................... 3
1.12 Existing By-laws ................................................................................................ 4
SECTION 2 - DEFINITIONS ........................................................................................... 5
SECTION 3 - GENERAL PROVISIONS ....................................................................... 23
3.1
Accessory Uses .............................................................................................. 23
3.2
Additional Dwelling Types ............................................................................... 24
3.3
Additional Lot Coverage and Floor Space Index Provisions for a Lot Abutting a
Water Body ................................................................................................................ 26
3.4
Agricultural Related Uses ............................................................................... 26
3.5
Bed and Breakfast Establishments ................................................................. 26
3.6
Existing Non-Complying Lots .......................................................................... 27
3.7
Frontage on an Improved Street ..................................................................... 27
3.8
Group Homes .................................................................................................. 28
3.9
Height Exceptions ........................................................................................... 28
3.10 Home-Based Businesses ................................................................................ 29
3.11 Hunt Camp ...................................................................................................... 30
3.12 Loading Space Requirements ......................................................................... 30
3.13 Lots Containing More Than One Use .............................................................. 31
3.14 Lots Divided Into More Than One Zone .......................................................... 31
3.15 Non-Conforming Uses, Buildings and Structures ............................................ 31
3.16 Occupancy Restrictions .................................................................................. 32
3.17 Open Storage .................................................................................................. 33
3.18 Parking Requirements .................................................................................... 33
3.19 Public Uses ..................................................................................................... 36
3.20 Reductions Within Settlement Areas ............................................................... 37
3.21 Sensitive Land Use Separation Distances from Other Land Uses .................. 37
3.22 Setbacks from Environmental Protection (EP) Zones in this By-law and Natural
Heritage Designations in the Official Plan .................................................................. 37
3.23 Sewage Disposal Systems and the Applicability of this By-law ....................... 38
3.24 Shoreline Area Occupancy ............................................................................. 38
3.25 Sight Triangles ................................................................................................ 38
3.26 Source Water Protection ................................................................................. 39
3.27 Street and Private Right-of-Way Setbacks ...................................................... 39
3.28 Temporary Uses ............................................................................................. 39
3.29 Through Lots ................................................................................................... 41
3.30 Water Frontage and Water Setbacks .............................................................. 41
3.31 Yard and Water Setback Encroachments ....................................................... 41
SECTION 4 - ZONES .................................................................................................... 43
4.1
Zone Classifications ........................................................................................ 43
4.2
Schedules ....................................................................................................... 44
4.3
Boundaries of Zones ....................................................................................... 44
4.4
Holding Provisions .......................................................................................... 45
4.5
Special Exception Zones ................................................................................ 45
4.6
Temporary Use Provisions .............................................................................. 45
SECTION 5 - RESIDENTIAL ZONES ........................................................................... 46
5.1
General Residential (RG) ................................................................................ 46
5.2
Waterfront Residential (RW) ........................................................................... 51
5.3
Mobile Home Park Residential (RMH) ............................................................ 58
SECTION 6 - COMMERCIAL ZONES .......................................................................... 59
6.1
General Commercial (CG) Zone .................................................................... 59
6.2
Local Commercial (CL) Zone .......................................................................... 64
6.3
Tourist Commercial (CT) Zone ........................................................................ 68
SECTION 7 - INDUSTRIAL ZONES ............................................................................ 74
7.1
General Industrial (MG) Zone ......................................................................... 74
7.2
Salvage Yard Industrial (MS) Zone ................................................................. 76
7.3
Disposal Industrial (MD) Zone ......................................................................... 77
SECTION 8 - INSTITUTIONAL ZONES ....................................................................... 78
8.1
Institutional (I) Zone ........................................................................................ 78
SECTION 9 - OPEN SPACE ZONES ........................................................................... 80
9.1
Open Space (OS) Zone .................................................................................. 80
SECTION 10 - PARKING LOT ZONES ....................................................................... 84
10.1 Parking Lot (PL) Zone ..................................................................................... 84
SECTION 11 - RURAL ZONES ................................................................................... 86
11.1 Rural (RU) Zone .............................................................................................. 86
SECTION 12 - AGRICULTURE ZONES ..................................................................... 101
12.1 Agriculture (A) Zone ...................................................................................... 101
SECTION 13 - MINERAL RESOURCE ZONES ........................................................ 103
13.1 Mineral Aggregate Extraction (EX) Zone ...................................................... 103
SECTION 14 - NATURAL HERITAGE ZONES ......................................................... 105
14.1 Environmental Protection (EP-A) Zone ......................................................... 105
14.2 Environmental Protection (EP-B) Zone ......................................................... 106
14.3 Environmental Protection (EP-C) Zone ......................................................... 108
SECTION 15 - NATURAL HAZARD ZONES ............................................................. 109
15.1 Flood Plain (FP) Zone ................................................................................... 109
SECTION 16 - APPROVAL ........................................................................................ 110
SCHEDULES
A1 - North Crosby - Newboro Ward
A2 - South Crosby Ward
A3 - Bastard & South Burgess Ward
A4 - South Elmsley Ward
1
SECTION 1 - APPLICATION & INTERPRETATION
1.1
Title of By-law
This By-law may be cited as the "Zoning By-law" of the Corporation of the Township
of Rideau Lakes.
1.2
Scope of By-law
1.
The provisions of this By-law shall apply to all lands within the geographic
limits of the Corporation of Township of Rideau Lakes, as shown on
Schedules A1, A2, A3, and A4 attached hereto. This By-law shall also apply
to any lands not shown on the Schedules and created through the filling of
water bodies, as well as to any portion of the bed of any water body where a
license of occupation or lease relating to a commercial or industrial use has
been issued by a relevant approval authority. Such areas shall be only used
for the purposes permitted on the immediately abutting lands. If no abutting
lands exist, conservation use shall be the only permitted use. . For further
clarification, this By-law shall not apply to water bodies with the exception of
the instances described above.
2.
No building or structure shall hereafter be erected, altered or enlarged, nor
shall the use of any building, structure or lot hereafter be changed, in whole
or in part, except in conformity with the provisions of this By-law.
3.
Nothing in this By-law shall 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 passing of this By-law, provided
that it continues to be used for such purpose.
4.
Nothing in this By-law shall prevent the erection of any building or structure
for a purpose prohibited by this By-law if a building permit under the Ontario
Building Code was issued by the Chief Building Official prior to the date of
passing of this By-law, provided that:
- When the building or structure is erected, it continues to be used for
the purpose for which the building permit was issued and the permit
has not been revoked under the Building Code Act.
5.
This By-law shall not be effective to reduce or mitigate any restrictions
imposed by a governmental authority having jurisdiction to make such
restrictions.
6.
All references to Provincial Acts or Regulations shall refer to the current Act
or Regulation. All references to the Planning Act shall refer to the Planning
Act, R.S.O., 1990, Chapter P.13, as amended.
2
1.3
Interpretation of By-law
1.
In this By-law, unless the context requires otherwise, words used in the
singular shall include the plural and words used in the plural shall include the
singular.
2.
In this By-law, the word "shall" is mandatory and "may" is permissive.
3.
In this By-law, unless the context requires otherwise, the word "used" shall
include "designed to be used" and "arranged to be used", and the word
"occupied" shall include "designed to be occupied" and "arranged to be
occupied".
4.
In this By-law the provisions shall be held to be the minimum requirements
except where the word maximum is used, in which case the maximum
requirement shall apply.
5.
In this By-Law where linear distances other than those referring to vertical
measurements are specified, such linear distances are measured on a
horizontal plane.
6.
In the event of a conflict between this By-law and amendments thereto and
any other By-law of the Corporation, or by other applicable legislation, the
most restrictive By-law shall prevail.
1.4
Schedules to By-law
The following schedules which are attached hereto are hereby incorporated into and
are declared to form part of this By-law to the same extent as if fully described
herein:
- Schedule A1 - North Crosby - Newboro Ward
- Schedule A2 - South Crosby Ward
- Schedule A3 - Bastard & South Burgess Ward
- Schedule A4 - South Elmsley Ward
1.5
Zoning Administrator
This By-law shall be administered by the Zoning Administrator.
1.6
Request for Amendment to Zoning By-law
Every request for an amendment to this Zoning By-law shall be accompanied by the
Corporation's applicable application and conform with the Planning Act and
applicable Regulations.
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1.7
Inspection
The Zoning Administrator, the Chief Building Official or any other officer or employee
of the Corporation acting under the direction of Council is hereby authorized, upon
producing proper identification, to enter at all reasonable times and inspect any
property or premises for the purpose of carrying out their duties under this By-law.
Except under the authority of a search warrant issued by a provincial judge or a
justice of the peace, in accordance with the provisions of 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 being used as a dwelling 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.
1.8
Violations and Penalties
It is an offence to breach any provision of this By-law and any person convicted of a
breach of any of the provisions of this By-law shall be liable to a fine in accordance
with the provisions of the Planning Act and every penalty shall be recoverable under
the Provincial Offences Act.
1.9
Remedies
Where any building or structure is to be erected or altered, or any part thereof is to
be used, or any lot is to be used, in contravention of this By-law, such contravention
may be restrained by action at the instance of any ratepayer or of the Corporation
pursuant to the provisions of the Planning Act or the Municipal Act.
1.10
Validity
If any section, clause or provision of this By-law, including anything contained in
Schedules A1, A2, A3, and A4 attached hereto, is for any reason declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of
the By-law as a whole or any part thereof, other than the section, clause or
provision(s) so declared to be invalid. It is hereby declared to be the intention that
all the remaining sections, clauses or provisions of this By-law shall remain in full
force and effect until repealed, notwithstanding that one or more provisions thereof
shall have been declared to be invalid.
1.11
Technical Revisions
Revisions may be made to this By-law without the need for a zoning by-law
amendment in the following cases:
1. Correction of numbering, cross-referencing, grammar, punctuation or
typographical errors, or revisions to format in a manner that does not change
the intent of a provision;
4
2. Adding or revising technical information on maps or schedules that does not
affect the zoning of lands including, but not limited to, matters such as
updating and correcting infrastructure information, keys, legends or title
blocks;
3. Changes to appendices, footnotes, headings, indices, marginal notes, tables
of contents, illustrations, historical or reference information, page numbering,
footers and headers, which do not form a part of this by-law and are
editorially inserted for convenience of reference only.
4. Consolidation of approved zoning by-law amendments in the text and on the
schedules.
1.12
Existing By-laws
All other by-laws of the Corporation enacted pursuant to Section 34 or predecessors
thereof of the Planning Act are hereby repealed and, without limiting the generality
of the foregoing, existing by-laws that are repealed include:
- By-Law No. 2005-06
The adoption of this By-law, however, 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 the provisions of this By-law.
- Notwithstanding any other provisions of this By-law, any decision of the Committee
of Adjustment or Ontario Land Tribunal made under Zoning By-Law 2005-06 will
continue to apply as if the previous By-law under which the decision was made had
not been repealed, provided that a building permit has been issued under the
Ontario Building Code Act by the Chief Building Official prior to the expiry of the
second anniversary of this By-law.
5
SECTION 2 - DEFINITIONS
For the purpose of this by-law, the definitions and interpretations in this section shall
govern.
2.1 ABBATOIR shall mean a building or structure wherein animals are slaughtered and
processed for packaging, distribution and sale.
2.2 ACCESSORY shall mean a use, building or structure which is incidental, subordinate
and exclusively devoted to a main use and located on the same lot therewith.
2.3 AGGREGATE PROCESSING OPERATION shall mean a facility that processes
material derived from a pit or quarry and shall include activities such as screening, washing,
crushing and associated storage of raw or processed material.
2.4 AGRICULTURAL USE shall mean the use of land, buildings or structures for:
- Growing crops, including the storage and sale of crops produced;
- Raising, breeding, boarding, training, keeping and sale of livestock, including the
raising and sale of fish;
- Collection, production, storage and sale of animal products such as milk, eggs,
wool, fur or honey;
- Greenhouse or nursery garden, including storage and sale of products produced;
- Planting, harvesting and sale of forest products;
- Craft level production and related value added activities including incidental retail;
- Use and storage of all equipment related to the foregoing activities, including the
occasional use of a portable sawmill;
- Hunt Camp
2.5 AGRICULTURAL RELATED USES shall mean commercial and industrial uses that are
directly related to farm operations in the area, support agriculture, benefit from being in
close proximity to farm operations, and provide direct products or services to farm
operations as a primary activity. Such uses can include abattoirs, feed mills, grain dryers,
cold/dry storage facilities, fertilizer storage and distribution facilities, food and beverage
processors (e.g., wineries, breweries, cideries, and cheese factories).
2.6 AGRICULTURAL PRODUCTS PROCESSING FACILITY shall mean an establishment
engaged in the storage, grading, processing and wholesale distribution of agricultural
products such as meat, fish, poultry, eggs and dairy, vegetable, fruit, honey, wool, fur and
wood products.
2.7 ALTER when used in reference to a building or part thereof, shall mean to change any
one or more of the internal or external dimensions of such building or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a lot, the word
"alter" shall mean the change to the width, depth or area thereof or to change the width,
depth or area of any required yard, open space or parking area or to change the location of
any boundary of such lot with respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The
6
words "altered" and "alteration" shall have a corresponding meaning.
2.8 ANTIQUE SHOP shall mean a retail store offering antiques and used collectable items.
2.9 ASPHALT PLANT shall mean a facility designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material and similar products,
and includes stockpiling and storage of bulk materials used in the process.
2.9.1 PORTABLE ASPHALT PLANT shall mean an asphalt plant which is not of
permanent construction, but which is to be dismantled at the completion of the
construction project.
2.10 ATTIC shall mean the space between the roof and the ceiling of the top storey.
2.11 AUTOMOBILE BODY SHOP shall mean a building or part of a building used for the
painting or repairing of automobile bodies and chassis, provided that all activities shall be
undertaken within an enclosed building, and provided further that it shall not include a
salvage yard.
2.12 AUTOMOBILE SERVICE STATION shall mean a building or place where automotive
fuels, lubricants or parts are kept for sale and/or where mechanical repairs to vehicles are
performed and/or where vehicles are washed or cleaned, but it shall not include a salvage
yard. Electrical charging stations for electric vehicles may also be included.
2.13 BALCONY shall mean an unenclosed attached exterior platform without a roof,
projecting from the face of a wall, cantilevered or supported by columns or brackets which
is only directly accessible from within a building.
2.14 BANK shall mean an establishment where money is deposited, kept, lent or
exchanged or where other retail financial services are provided and includes a chartered
bank, trust company or similar financial institution.
2.15 BASEMENT shall mean that portion of the building with a minimum floor to ceiling
height of 1.8m and which is partly or entirely below ground level.
2.16 BED AND BREAKFAST shall mean a home occupation conducted in an owner
occupied dwelling in which no more than three (3) guest rooms are made available for
overnight accommodation of the travelling or vacationing public, and in which the proprietor
may offer lodging and other meals, related services, facilities or amenities for guests. A Bed
and Breakfast shall not include any other establishment otherwise defined or classified
herein.
2.17 BUILDING shall mean any structure consisting of walls or columns and a roof which is
used for the shelter, accommodation or enclosure of persons, animals or chattels.
2.17.1 ACCESSORY BUILDING shall mean a building customarily incidental and
subordinate to the main building and located on the same lot with such
main building.
7
2.17.2 MAIN BUILDING shall mean a building serving the principal or primary uses
of the lot.
2.17.3 TEMPORARY BUILDING shall mean a building or structure intended for
removal or demolition within a prescribed time as set out in a building permit.
2.18 BUILDING LINE shall mean a line within a lot drawn parallel to a lot line and
establishing the minimum distance between that lot line and any building or structure which
may be erected.
2.19 BUILDING SUPPLY CENTRE shall mean an establishment engaged in the selling or
installing of building supplies including lumber, millwork, siding, roofing, plumbing,
electrical, heating, air conditioning and similar items.
2.20 CARPORT shall mean an attached or detached structure which is accessory to a
dwelling and which is covered but open on at least two sides and used for the sheltering of
permitted vehicles and storage of household equipment incidental to the residential
occupancy.
2.21 CEMETERY shall mean land used as a place of interment for human remains within
the meaning of the Funeral, Burial and Cremation Services Act.
2.22 CHIEF BUILDING OFFICIAL shall mean the officer or employee of the Corporation
charged with the duty of enforcing the provisions of the Ontario Building Code Act withinthe
Corporation.
2.23 CHILD CARE CENTRE shall mean a licensed premises used for the provision of
temporary care or supervision of children, for a continuous period not exceeding twenty-
four hours, in accordance with the Child Care and Early Years Act.
2.24 CHILD CARE PRIVATE shall mean a home occupation conducted in an owner
occupied dwelling providing temporary care or supervision of children, for a continuous
period of time not exceeding twenty-four hours, including but not limited to licensed day
care in accordance with the Child Care and Early Years Act.
2.25 CLINIC shall mean a building or part thereof where health services are provided to the
public in the form of medical, paramedical, dental, surgical, physiotherapeutic or other
human health services including associated technician and laboratory facilities, and may
also include an incidental pharmaceutical outlet for the sale of prescription and therapeutic
drugs and medication and other drug store products, and optical equipment.
2.26 COMMERCIAL PARKING LOT shall mean the use of a vacant lot for parking as the
principal or main use.
2.27 COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-
for-profit, non-commercial body or society such as a service club or charitable organization
for promoting athletic, cultural, educational, environmental, health, recreational, social,
philanthropic or other similar objectives.
8
2.28 CONCRETE PLANT shall mean a facility which produces concrete for immediate use
in the construction of buildings, structures, roadways, curbs, sidewalks and similar
applications. It shall also include a facility which manufactures finished concrete products.
2.30 CONSERVATION USE shall mean lands, buildings and structures used for the
preservation, improvement and enhancement of natural resources or the natural
environment.
2.31 CONTRACTOR'S YARD shall mean a yard where materials, equipment and vehicles
are stored in association with any building trade or contractor such as excavators, road
builders, roofers, landscapers, snow removal and similar contractors, but shall not include a
salvage yard.
2.32 CORPORATION shall mean the Corporation of Township of Rideau Lakes.
2.33 COUNCIL shall mean the Council of the Corporation of Township of Rideau Lakes.
2.34 CRAFT LEVEL PRODUCTION shall mean small scale, on farm, value added,
production or dressing of raw materials from the same property and/or farming operation.
Craft production shall generally mean work that is capable of being completed by one
individual with limited mechanical assistance.
2.35 CRAWL SPACE shall mean that portion of the building between the floor and the
ceiling which is partly or entirely below ground level with a maximum floor to ceiling height
below 1.8 m.
2.36 CUSTOM WORKSHOP shall mean a business in which an artist or craftsperson
produces and sells goods such as jewellery, leatherwork, wood crafts, metal crafts or
pottery, or fine art such as paintings and sculptures, in small quantity or on a custom order
basis. A custom workshop does not include any establishment where mass production of
goods is carried on nor any shop or factory otherwise defined in this by-law.
2.37 DECK shall mean a structure without a roof, having a foundation to hold it erect, the
floor which is at or above finished grade, and attached to or abutting one or more walls of a
building or constructed separate from a building, with or without direct access to the
ground.
2.37.1 ATTACHED when used in relation to a deck, shall mean those decks directly
affixed to a structure, or those not directly affixed to the structure but being
within 0.5m of the structure.
2.37.2 ACCESSIBILITY DECK shall mean an unroofed and unenclosed deck
located around the perimeter of a main building or structure having a
maximum depth of 2m and serving the purpose of providing for
accessibility.
9
2.38 DRY-LAND MARINA shall mean an establishment not located on a waterbody that
contains facilities where boats and boat accessories are stored, serviced, repaired,
maintained or kept for sale or rent and where facilities for the sale of marine fuels and
lubricants, as well as the parking of customers' vehicles, may be provided.
2.39 DWELLING shall mean a building occupied or capable of being occupied as the home
or the residence of one or more persons. This definition shall not include any vehicle
defined herein however does include, but is not limited to, structures with the following CSA
designation: CSA A277.
2.39.1 ACCESSORY DWELLING shall mean a single dwelling which is accessory
to a permitted non-residential building.
2.39.2 DUPLEX DWELLING shall mean a dwelling which is divided horizontally into
two dwelling units.
2.39.3 MULTIPLE DWELLING shall mean a dwelling which contains three or more
dwelling units.
2.39.4 SEMI-DETACHED DWELLING shall mean a dwelling which is divided
vertically into two dwelling units.
2.39.5 SINGLE DWELLING shall mean a dwelling which contains only one dwelling
unit.
2.39.6 TINY DWELLING shall mean a dwelling that is smaller than the traditional
dwelling size and contains a washroom, sanitation facilities, a kitchen and a
sleeping area. A Tiny Dwelling does not include a mobile home, park model
trailer, recreational vehicle or travel trailer. A Tiny dwelling shall generally be
built on a foundation that is affixed to the ground.
2.40 DWELLING UNIT shall mean one or more habitable rooms designed for use and
occupied by persons in which separate kitchen and sanitary facilities are provided for the
exclusive use of such persons with an independent entrance from outside the building or
from a common hallway or stairway inside the building.
2.40.1 ACCESSORY DWELLING UNIT shall mean a dwelling unit which is part of
and accessory to a permitted non-residential building.
2.40.2 ADDITIONAL RESIDENTIAL UNIT shall mean a dwelling unit that is self-
contained, subordinate to and located within the same building or on the
same lot of a principal dwelling unit.
2.41 ENVIRONMENTAL IMPACT STUDY shall mean an environmental impact
assessment completed in accordance with the provisions of the Official Plan.
2.42 EQUIPMENT RENTAL OUTLET shall mean the use of land and buildings for the
rental of equipment, machinery, furniture and fixtures which are primarily of a size and type
which would be used for home improvement or household purposes and which would
10
generally be transportable by the general public.
2.43 ERECT shall mean build, construct, reconstruct or relocate and shall include any
preliminary physical operations such as cutting, grading, excavating, filling, or draining or
any altering of an existing building by an addition, extension or other structural change or
the doing of any work for which a building permit is required under the building by-laws of
the Corporation. The words "erected" and "erection" shall have a corresponding meaning.
2.44 EXISTING shall mean existing as of the date of passing of this By-law.
2.45 FEED SUPPLY OUTLET shall mean a building or part of a building, structure or area
used for the storage, distribution, sorting, packing and/or retail sale of animal feeds,
agricultural related chemicals and fertilizers, and related products.
2.46 FLOOD LINE shall mean the line showing the limit of the 1:100 year flood level as
established by flood plain mapping of the relevant Conservation Authority.
2.47 FLOOD PLAIN shall mean the area below the 1:100 year flood level.
2.48 FLOOR AREA shall mean:
- For a dwelling or dwelling unit, the total area of the storeys contained within the
exterior walls of the dwelling or dwelling unit, exclusive of any attached garage,
carport, porch, open deck or any floor area with less than 1.8m in height between
the floor and the ceiling.
- For a building other than a dwelling or dwelling unit, the total area of all floors
contained within the exterior walls of the building.
2.49 FLOOR SPACE INDEX shall mean the ratio of the total floor area of a dwelling and
any sleeping cabin and hunt camp, if applicable, to the area of the lot on which the dwelling
is situated, expressed as a percentage. In the case of a lot which abuts a water body, the
floor space index shall be calculated on the basis of the portion of the lot which is located
within 60 m of the water body.
2.50 FOOTPRINT shall mean the area on the ground covered by a building or structure,
including Park Model Trailers, Recreational Vehicles, and Travel Trailers, measured at
grade on a horizontal plane, to the outside edge of a structure or the outside walls of a
building, vehicle or trailer.
2.51 FUEL STORAGE FACILITY shall mean an establishment primarily engaged in the
bulk storage and distribution of petroleum, gasoline, fuel oil, gas or other similar products in
fuel storage tanks.
2.52 GARDEN CENTRE shall mean an establishment primarily used for the retail sale of
gardening equipment, products and planting materials, including greenhouses for the
cultivation of such materials.
11
2.53 GARDEN SUITE shall mean a single dwelling that is designed to be portable,
including a mobile home as herein defined, that is accessory to an existing single dwelling
on the same lot and for which a temporary use by-law has been adopted, pursuant to the
provisions of the Planning Act.
2.54 GOLF COURSE shall mean a public or private area operated for the purpose of
playing golf and may include a driving range and accessory uses such as a club house, a
putting green and similar uses.
2.55 GRADE shall mean the median elevation between the highest and lowest points of the
finished surface of the ground (measured at the base of the building or structure), but
exclusive of any embankment in lieu of steps.
2.56 GROUP HOME shall mean a dwelling unit which is occupied by 3 to 10 unrelated
residents, exclusive of staff, who, by reason of their emotional, mental, social or physical
condition or legal status, require a supervised family living arrangement for their well-being.
A group home shall be licensed, approved or supervised by the Province of Ontario under
a general or specific Act but does not include foster homes or other uses defined herein.
2.57 HABITABLE shall mean a space designed to provide living, dining, sleeping,
bathroom or kitchen accommodation, or a combination thereof, for persons.
2.58 HEAVY EQUIPMENT SALES OR RENTAL ESTABLISHMENT shall mean an
establishment having as its main use the storage of heavy trucks and/or excavation or
construction equipment for sale, rent or lease. Accessory uses may include facilities for the
repair or maintenance of such heavy equipment.
2.59 HEIGHT, when used with reference to a building or structure, shall mean the vertical
distance between the average finished grade and:
- The highest point of the roof surface or the parapet, whichever is greater, on a flat
roof;
- The deck line on a mansard roof;
- The mean level between the highest eave and highest ridge of a gable, hip,
gambrel or other pitched roof;
- In case of a structure with no roof, the highest point of the said structure
2.60 HIGH WATER MARK shall mean the mark made on the shore or bank of a water
body through the action of water, which action has continued over such a long period of
time that it has created a difference between the character of the vegetation or soil below
the mark and that above the mark, except that in the case of the Rideau Canal the high
water mark shall be the upper controlled water elevation. For the purposes of this
definition, Rideau Canal shall include the following lakes and their connecting channels:
Lower Rideau, Big Rideau, Upper Rideau, Newboro, Loon, Mosquito, Benson, Indian,
Clear, Opinicon, Sand and Whitefish Lakes.
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2.61 HOME-BASED BUSINESS shall mean an occupation, trade, business, profession or
craft conducted as an accessory use to the use of a dwelling by the dwelling occupant(s)
and includes the following:
- Instruction of students;
- Respite care or child care, provided that no residential accommodation is provided
on a permanent basis;
- Occupations in the areas of a personal service, a service outlet or a tradesperson's
establishment, all as defined in this By-law;
- Office for conducting a business or profession;
- Studio of an artist, artisan or craftsperson;
- Antique shop.
2.62 HUNT CAMP shall refer to a single storey building or structure primarily used for
recreational activities related to hunting or fishing, and which may include facilities for
habitation, on a temporary basis, for use during hunting and fishing seasons.
2.63 INDUSTRIAL USES shall refer to lands, buildings, or structures used in conjunction
with any process carried on in the course of trade or business for or incidental to any of the
following purposes:
- The making of any article of any description, or part of any article;
- The altering, repairing, ornamenting, furnishing, cleaning, washing, packing,
canning, refurbishing or adapting for sale, or breaking up or demolition of any article;
- The obtaining, dressing, or treating of minerals or aggregates.
2.64 KENNEL shall mean a building or structure, including the fenced in areas around
associated buildings, where more than 5 dogs, exclusive of puppies resulting from on-site
breeding, are raised, kept, bred, boarded, trained, groomed, given medical treatment or
housed for similar purposes for any length of time.
2.65 LANE shall mean a driveway providing access from within a property to a public
street.
2.66 LIVESTOCK FACILITIES shall mean livestock barns, buildings or structures where
agricultural animals are housed and shall include associated manure storage as well as
unoccupied livestock barns and unused manure storage.
2.67 LOADING SPACE shall mean a space or bay located on a lot which is used or
intended to be used for the temporary parking of any commercial vehicle while loading or
unloading goods, merchandise or materials used in connection with the use of the lot or
any building thereon.
2.68 LOT shall mean a parcel or tract of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act.
2.68.1 CORNER LOT shall mean a lot, other than a waterfront lot as defined herein,
situated at the intersection of two streets, of which two adjacent sides that
abut the intersecting streets contain an angle of not more than 135 degrees.
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2.68.2 INTERIOR LOT shall mean a lot, other than a waterfront lot as defined
herein, situated between adjacent lots and which has frontage on one street.
2.68.3 THROUGH LOT shall mean a lot, other than a waterfront lot as defined
herein, bounded on two opposite sides by streets, provided that if any lot
qualifies as being both a corner lot and a through lot, the lot shall be
deemed a corner lot for the purposes of this By-law.
2.68.4 WATERFRONT LOT shall mean a lot which abuts a shoreline.
2.69 LOT AREA shall mean the total horizontal area within the lot lines of a lot.
2.70 LOT COVERAGE shall mean that portion of the area of a lot covered by all main and
accessory buildings, porches and decks, but excluding an accessibility deck, automobile
service station pump island canopies, entrance canopies for non-residential buildings, and
balconies and overhanging eaves which are more than 2.5m above finished grade. Park
model trailers, recreational vehicles and travel trailers shall be included for lot coverage
with the exception of those not inhabited and associated with a Vehicle Sales or Vehicle
Storage use. For added clarity, the lot coverage exemption only applies to an accessibility
deck as defined in this By-law. Any portion of an attached deck exceeding the maximum
depth of 2m and any unattached deck regardless of size shall be subject to the lot
coverage provisions of this By-law.
2.71 LOT FRONTAGE shall mean the width of a lot measured between the intersections of
the side lot lines with a line that is continuously 6 m back from and parallel to the front lot
line. For the purposes of lot creation the required lot frontage shall be continuous.
2.72 LOT LINE shall mean any boundary of a lot or the vertical projection thereof.
2.72.1 FRONT LOT LINE shall mean the following:
- In the case of an interior lot, the line dividing the lot from the street;
- In the case of a corner lot or through lot, the shorter lot line abutting a
street, or where access is gained to the lot regardless of the length of the
line.
- In the case of a waterfront lot, the high water mark shall be deemed to be
the front lot line.
2.72.2 REAR LOT LINE shall mean in the case of a lot having four or more lot lines,
the lot line farthest from and opposite to the front lot line. If a lot has less
than four lot lines, there shall be no rear lot line.
2.72.3 SIDE LOT LINE shall mean a lot line other than a front or rear lot line.
2.73 MARINA shall mean an establishment or premises located on a water body and
containing facilities where boats and boat accessories are berthed, stored, serviced,
repaired, maintained or kept for sale or rent and where facilities for the sale of marine fuels
and lubricants, as well as the parking of customers' vehicles, may be provided.
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2.74 MARINE FACILITY shall mean an accessory building or structure which is used to
place a boat into or out of a water body, or used to moor, berth or store a boat. This
definition may include a boat launching ramp, boat lift, dock, boathouse, boat port, slip,
marine-related equipment storage, but shall not include any building used for human
habitation nor any marina or boat service, repair or sales facility.
2.75 MOBILE HOME shall mean a prefabricated building which bears a CSA Z240
approval and which is designed to be mobile and constructed or manufactured in
accordance with the Ontario Building Code Act to provide year round habitation as a
residence. This definition shall not include a park model trailer, recreational vehicle, travel
trailer or trailer otherwise defined in this By-law.
2.76 MOBILE HOME SITE shall mean a portion of a mobile home park designed to
accommodate one mobile home.
2.77 MOBILE HOME PARK shall mean land which has been provided and designed for
the location of two or more occupied mobile homes.
2.78 NARROW CHANNEL shall mean a waterbody where the distance from shore to shore
is 150 metres or less.
2.79 NON-CONFORMING shall mean a use, building or structure which, on the date of the
passing of this By-law, is not within the list of permitted uses or does not meet one of more
of the provisions for the zone in which it is located.
2.80 OFFICIAL PLAN shall mean the Official Plan of the Township of Rideau Lakes, as
amended.
2.81 OPEN MARKET shall mean a building or open-air facility where individual vendors
operating from stalls, booths or other defined areas offer the following for sale: Fresh fruit,
vegetables and herbs, poultry, fish, meat, eggs, cheese, honey, cider, maple products, cut
flowers, bedding plants, shrubs and trees, baked foodstuffs, second hand furniture and
other items, handicrafts and other hand-made products.
2.82 OPEN SPACE shall mean unoccupied space open to the sky on the same lot with the
building.
2.83 OPEN STORAGE shall mean the storage of goods, merchandise or equipment
outside a building or structure on a lot or portion thereof, but does not include the outdoor
display of a limited number of samples of the goods, merchandise or equipment for the
purposes of sales and advertisement, nor does it include the open storage of a limited
quantity of operative or licensed vehicles and equipment that are normally associated with
residential occupancy.
2.84 OUTDOOR WOODBURNING FURNACE shall mean an accessory building or
structure which operates as a heat source for associated buildings.
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2.85 PARK shall mean an area consisting largely of open space, which may include a
recreational area, playground, playing courts, lawn bowling greens, indoor and outdoor
rinks, athletic field, picnic areas, swimming pools, day camps, community centres or other
similar use, but it shall not include a mobile home park, dog park or tourist campground.
2.85.1 PUBLIC PARK shall mean a park owned or controlled by the Corporation or
by any ministry, board, commission or authority established under any statute
of Ontario or Canada.
2.85.2 PRIVATE PARK shall mean a park other than a public park which is
operated on a commercial and/or private member basis.
2.86 PARKING AREA shall mean a lot or lots or portions thereof required in accordance
with the provisions of this by-law for the temporary parking of motor vehicles and includes
any related aisles, parking spaces, entrance and exit lanes, but, it shall not include any part
of a public street.
2.87 PARKING SPACE shall mean an area for the temporary parking or storage of motor
vehicles.
2.88 PARK MODEL TRAILER shall mean a vehicle designed and constructed in
conformance with the CAN/CSA Z241 Series "Park Model Trailer", as amended, or its
successor standards. A park model trailer is built on a single chassis mounted on wheels,
designed to facilitate relocation from time to time, is designed as living quarters and may be
connected to those utilities necessary for operation of installed fixtures and appliances.
2.89 PERSON shall mean an individual, an association, a chartered organization, a firm, a
partnership or a corporation.
2.90 PERSONAL SERVICE shall mean an establishment where a personal service related
to the grooming or health of persons is provided, or where the maintenance or repair of
personal wardrobe articles is performed. A personal service may include a hair stylist, an
aesthetician, a tailor, a shoe repair shop, a laundromat, a dry-cleaning distribution outlet or
similar use.
2.91 PET CEMETERY shall mean land used as a place of interment for domesticated
animals where plots are used for commercial purposes.
2.92 PIT shall mean any open excavation made for the removal of any soil, earth, clay,
marl, sand, gravel or unconsolidated rock or mineral in order to supply material for
construction, manufacturing or industrial purposes but, it shall not include an excavation
incidental to the erection of a building or structure for which a building permit has been
granted by the Corporation, or an excavation incidental to the construction of any public
works.
2.92.1 WAYSIDE PIT shall mean a temporary pit opened and used by or for a public
road authority solely for the purpose of a particular project or contract of road
construction.
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2.93 PLACE OF ASSEMBLY shall mean a building or structure used for the operation of
arts and craft shows, trade fairs, fashions shows, public meetings, banquets, community
activities or events, conferences, auctions and similar activities.
2.94 PLACE OF WORSHIP shall mean premises owned or occupied by a religious
organization or congregation which is dedicated exclusively to religious worship and related
religious, social and charitable activities.
2.95 PLANTING STRIP shall mean the area of a lot used or intended to be used for the
purpose of planting vegetation such as trees, shrubs, flowers, grass, or other horticultural
elements. For clarity, a planting strip may consist in whole or in part of natural vegetation.
2.96 PORCH shall mean an unenclosed shelter with a roof, attached to and projecting from
an exterior door of a building.
2.97 PRIVATE RIGHT-OF-WAY shall mean a legal right-of-way over one lot for the
purpose of providing vehicular access in favour of another lot.
2.98 PRINTING ESTABLISHMENT shall mean a business primarily engaged in the
reproduction or duplication of printed materials and/or the production of books, newspapers
and similar publications.
2.99 PROFESSIONAL OR BUSINESS OFFICE shall mean a building or part of a building
in which any business is conducted or profession is practiced, but which does not include
any establishment otherwise defined herein.
2.100 PUBLIC USE shall mean the use of land, buildings or structures for the supply of
public services by the Corporation, the County of Leeds, the Governments of Ontario or
Canada, any agencies, boards commissions or authorities thereof, and any company
providing electricity, natural gas, wired or wireless communications or rail transportation.
2.101 QUARRY shall mean any open excavation made for the removal of consolidated
rock or mineral including limestone, sandstone or shale in order to supply material for
construction, industrial or manufacturing purposes.
2.101.1 WAYSIDE QUARRY shall mean a temporary quarry opened and used by or
for a public road authority solely for the purpose of a particular project or
contract of road construction.
2.102 RECREATIONAL ESTABLISHMENT shall mean premises used for participatory
athletic, recreational, physical fitness, leisure or social activity including a bowling alley, golf
course, rink, billiard parlour, arena, playing court, health or athletic club, swimming pool, or
other similar use. For further clarity a recreational establishment may include uses,
buildings or structures associated with a private park.
2.103 RECREATIONAL VEHICLE shall mean a self-propelled or motorized vehicle
designed to provide temporary living accommodation but does not include mobile home,
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travel trailer, or park model trailer.
2.104 RESTAURANT shall mean a building or part of a building where food is prepared
and offered for sale or sold to the public for consumption on or off the premises.
2.105 RETAIL STORE shall mean a building or part of a building where goods, wares,
merchandise, substances, articles or things are offered or kept for sale at retail and
includes rental of consumer goods and storage of limited inventory on or about the store
premises.
2.106 RETIREMENT FACILITY shall mean premises where lodging is provided for retired
persons which provides ancillary health and social services to the residents of the home
and has communal dining and recreational facilities.
2.107 SALVAGE YARD shall mean a junk yard, an automobile wrecking yard or premises
and premises where goods, wares, merchandise or articles are processed for further use or
for the storage, keeping or abandonment of junk including scrap metals or other scrap
material from the dismantling, demolition or abandonment of vehicles or machinery parts.
2.108 SCHOOL shall mean an educational establishment as defined in the Education Act,
and includes any facility which has a body of students and teachers, and which provides
primary, elementary, and secondary or adult education courses of study authorized or
approved by the Minister of Education for the Province of Ontario
2.109 SCHOOL, COMMERCIAL shall mean a premises which is not as otherwise defined,
operated for gain or profit, in which is provided professional training and instruction in a
trade, skill or service including without limitation vocational skills, aviation, dog training,
banking, commercial arts, automobile driving, language, business, hairdressing, beauty,
cooking, culture, dancing or music but does not include a recreational establishment. The
definition shall also include an educational establishment not under the jurisdiction of a
Board as defined in the Education Act.
2.110 SELF-STORAGE FACILITY shall mean a building which is divided into spaces which
may be rented for the purpose of storing goods, wares, merchandise, equipment or
materials.
2.111 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
or more adverse effects from contaminant discharges generated by a nearby facility. The
sensitive land use may be a part of the natural or built environment. Examples may
include, but are not limited to: residences, child care centres, churches, community centres
and educational and health facilities.
2.112 SERVICE OUTLET shall mean an establishment where articles, goods or materials,
excluding vehicles, may be repaired or serviced.
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2.113 SEWAGE DISPOSAL SYSTEM shall mean a privy, a greywater system, a cesspool,
a leaching bed system, a holding tank or any other privately-owned individual or communal
system for the on-site holding and/or treatment of sanitary sewage.
2.114 SHORELINE shall mean any lot line or portion thereof which is the shore of a water
body and is within 3m of the high water mark.
2.115 SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a
corner lot and a line drawn from a point in one street line to a point in the other street line,
each such point being 9 m from the point of intersection of the street lines, measured along
the street lines. Where 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.
2.116 SIGN shall mean a name, identification, description, device, display or illustration
which is affixed to a building, structure or lot which directs attention to an object, product,
place, activity, person, institute, organization or business and which does not contravene
any by-law of the Corporation.
2.117 SLEEPING CABIN shall mean a single storey building which provides accessory
sleeping accommodation and which may contain washroom facilities, but which shall not
include a kitchen or other food preparation facilities.
2.118 SOIL MANAGEMENT SITE shall mean a Class 1 soil management site consisting of
a soil bank storage site or a soil processing site in accordance with the Environmental
Protection Act.
2.119 STOREY shall mean that portion of a building other than a basement or attic
included between the surface of any floor level and the surface of the floor, ceiling or roof
above it.
2.120 STREET shall mean a public thoroughfare under the jurisdiction of either the
Corporation, the County or the Province of Ontario. This definition does not include a lane,
a private road or private right-of-way.
2.120.1 IMPROVED STREET shall mean a street which has been assumed by
the Corporation, the County or the Province and is maintained on a
regular, year-round basis.
2.121 STREET ACCESS shall mean, when referring to a lot that such lot has a lot line or
portion thereof which is also a street line.
2.122 STREET LINE shall mean the limit of the road or street allowance and is the dividing
line between a lot and a street.
2.123 STREET SETBACK shall mean with reference to a street, the distance between the
centreline of a street allowance and the nearest building line.
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2.124 STRUCTURE shall mean anything constructed or erected, the use of which requires
location on the ground or attached to something having its location on the ground and,
without limiting the foregoing, includes a trailer or a mobile home, however does not include
residential fuel tanks, air conditioning units or similar items.
2.125 TEMPORARY EVENT TENTS shall mean non-permanent structures made of fabric
or similar material with support posts for the purposes of events on a short-term basis as
accessory to residential uses. Temporary event tents shall not include any structure used
for human habitation.
2.126 TERTIARY TREATMENT shall mean the treatment of sewage that goes beyond the
secondary or biological treatment stage to reduce nutrients, including phosphorus and
nitrogen, in order to provide higher quality effluent.
2.127 TOURIST CAMPGROUND shall mean any parcel of land which is used to provide
temporary and/or seasonal accommodation in tents, travel trailers, recreational vehicles, or
park model trailers.
2.128 TOURIST CAMPGROUND SITE shall mean each area of land within a tourist
campground provided for the exclusive and seasonal use of a tent, travel trailer,
recreational vehicle, or park model trailer.
2.129 TOURIST CAMPGROUND SITE COVERAGE shall mean that portion of the area of
a Tourist Campground Site covered by buildings, structures, decks, a park model trailer,
recreational vehicle, or travel trailer and shall additionally include constructed and
manufactured additions. For added clarity, running gear components such as the tongue
and hitch, as well as built in trailer extensions including but not limited to bump-outs, slide
outs, pop outs and second storeys and lofts shall not be included.
2.130 TOURIST LODGING ESTABLISHMENT shall mean an establishment which
provides temporary accommodation in one or more buildings for members of the public or
organizations who are vacationing or travelling and shall include a seasonal camp, a cabin,
a hotel, a lodge and a motel.
2.130.1 SEASONAL CAMP shall mean an establishment which provides meals,
sleeping accommodation and recreational opportunities to individuals and
groups who are under the supervision of camp staff and shall include
children's camps, church camps and other similar uses.
2.130.2 CABIN shall mean an establishment designed to accommodate one or
more persons in a detached or semi-detached building.
2.130.3 HOTEL shall mean an establishment containing four or more guest rooms
served by a common entrance. Accessory uses may include dining rooms,
meeting rooms and similar uses.
2.130.4 LODGE shall mean an establishment containing four or more guest rooms
served by a common entrance, generally from ground level. Accessory
20
uses may include accommodation for permanent staff, dining room,
meeting rooms and similar uses.
2.130.5 MOTEL shall mean an establishment containing four or more guest rooms
each of which has a separate entrance directly from outside the building.
Accessory uses may include dining rooms, meeting rooms and similar
uses.
2.131 TRADESPERSON'S ESTABLISHMENT shall mean a building or part of a building
which, in addition to or as well as serving as an office, serves as a storage facility for the
materials and equipment of, and/or a workshop for the undertaking of repairs, the
preparation of materials, or the production of items on a custom order basis by, one of the
following tradespersons: Heating and cooling systems specialist, cabinet maker, carpenter,
chimney sweep, drywaller or plasterer, electrician, exterminator, fence installer, furniture
refinisher, general building contractor, glass installer, grounds maintenance person and
landscaper, handyman, janitor, mason, painter, plumber, printer, snow plough operator,
upholsterer, window cleaner and similar tradespersons whose activities are not otherwise
defined in this By-law.
2.132 TRANSPORTATION DEPOT shall mean an establishment where more than two
commercial vehicles are kept for hire, stored or parked and/or dispatched and may include
accessory loading and warehouse uses and truck or bus fuelling and repair facilities.
2.133 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 propelled by the motor
vehicle intended for the temporary living, sleeping or eating accommodation of persons
therein.
2.134 UNENCLOSED, when used in relation to an attached or detached porch, or other
structure, shall mean open except for a roof, supporting columns, safety railings,
screens, curtains or shades. The word unenclosed shall exclude partial or full solid
walls or other solid materials such as glass and synthetic glass substitutes normally
intended to provide protection from the elements.
2.135 USE, when used as a noun, means the purpose for which a parcel of land, lot,
building or structure or any combination thereof is designed, arranged, occupied or
maintained and "uses" shall have a corresponding meaning. "Use" when used as a verb, or
"to use" shall also have a corresponding meaning.
2.136 VEGETATIVE FILTER STRIP shall mean a planting area comprised of shrubs, trees,
bushes, flowers and other similar substantive vegetation, reserved for the purposes of
filtering sediment, nutrients and pollutants through treating of runoff and providing
infiltration into soils. A vegetative filter strip shall not include a cut lawn.
2.137 VEHICLE shall mean an all-terrain vehicle, an automobile, a boat, a commercial
motor vehicle, a farm implement, a mobile home, a motorcycle, a snowmobile, a park
model trailer, a recreational vehicle, a travel trailer or other similar vehicle.
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2.138 VEHICLE SALES OR RENTAL ESTABLISHMENT shall mean an establishment
having as its main use the storage of vehicles for sale, rent or lease. Accessory uses may
include facilities for the repair or maintenance of such vehicles.
2.139 VEHICLE STORAGE shall mean outdoor premises used for the storage of operative
vehicles for commercial gain. Vehicle storage shall not permit facilities for the repair or
maintenance of such vehicles and shall not include a salvage yard.
2.140 VETERINARY CLINIC shall mean a building where one or more licensed
veterinarians and any associated staff provide medical, surgical, grooming or similar
services to animals, but does not include boarding services except those essential to
recovery from medical treatment.
2.141 WAREHOUSE shall mean a building used for the bulk storage of commodities,
goods, materials, merchandise or wares.
2.142 WASTE DISPOSAL SITE shall mean premises used for the collection, sorting and
processing of waste material for long term disposal on-site or for transfer to another site
and shall include a landfill, recycling facility, waste incinerator, composting facility, sewage
treatment plant, lagoon or sludge disposal area.
2.143 WASTE TRANSFER FACILITY shall mean an operation wherein waste materials
collected from surrounding areas are stored on a temporary basis entirely within a building
and then shipped to the appropriate disposal site.
2.144 WATER BODY shall mean any bay, lake, river, unevaluated wetland, watercourse or
canal, but excluding a drainage swale or irrigation channel.
2.145 WATER FRONTAGE shall mean, in the case of a lot which abuts a water body, the
width of of a lot abutting a waterbody measured along the high water mark.
2.146 WATERCOURSE shall mean a natural drainage channel that contains water either
permanently or intermittently, including creeks and streams but excluding a drainage swale
or irrigation channel.
2.147 WATER SETBACK shall mean, in reference to a water body, the horizontal distance
between the high water mark and the nearest building line.
2.148 WHOLESALE ESTABLISHMENT shall mean a business engaged in the bulk
storage and sale of commodities, goods, materials, merchandise or wares for resale or
business use.
2.149 YARD shall mean an open, uncovered space appurtenant to a building or structure
2.149.1 FRONT YARD shall mean a yard extending across the full width of the lot
between the front lot line and the nearest part of any main building or
structure on the lot.
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2.149.2 REAR YARD shall mean a yard extending across the full width of the lot
between the rear lot line and the nearest part of any main building or
structure on the lot.
2.149.3 SIDE YARD shall mean a yard extending from the front yard to the rear yard
between the side lot line and nearest part of any main building or structure
on the lot.
2.149.3.1 EXTERIOR SIDE YARD shall mean a side yard abutting a street.
2.149.3.2 INTERIOR SIDE YARD shall mean a side yard other than an exterior
side yard.
2.150 ZONE shall mean:
- A land use category as defined and regulated in this By-law; or
- A designated area of land shown on the zoning schedules to this By-law.
2.151 ZONING shall mean the demarcation of an area into zones and the establishment of
regulations to govern the use of the land within these zones and the location, bulk, height,
shape, use and coverage of structures within each zone. The terms "zone provisions" and
"zone requirements" shall have a corresponding meaning.
2.152 ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation
charged with the duty of enforcing the provisions of this By-law.
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SECTION 3 - GENERAL PROVISIONS
3.1
Accessory Uses
Except as otherwise set out in this section, accessory uses, buildings or structures
shall be permitted, provided that:
1.
Accessory buildings or structures other than sleeping cabins and hunt camps
shall not be used for human habitation and shall not include kitchen or
sanitation facilities (with the exception of a small wash sink), except as
specifically permitted elsewhere in this By-law.
2.
Accessory buildings shall be included for the purposes of compliance with
maximum lot coverage provisions.
3.
Marine facilities are permitted as accessory uses subject to the following
provisions:
1. The maximum height shall be 6m and limited to a single storey.
2. The maximum floor area not including attached decks shall be 85m².
3. A maximum of 1 marine facility shall be permitted per lot in a Residential
or Rural zone.
4. The minimum side yard setback shall be 4.5m.
4.
The minimum separation distance between a detached accessory building
and any other building (main and/or accessory) shall be 1m.
5.
Any building or structure that is attached, or within 1m, of the main building
shall not be considered as accessory.
6.
On a lot situated in any Residential zone, or a Rural zone of less than 1ha, a
greenhouse shall be a permitted accessory use, provided that:
1. The maximum floor area, including attached decks, shall be 15m2.
2. The use of the building or structure shall be restricted to personal use
with no retail sale of products grown.
7.
On a lot which both abuts a water body and is situated in a Residential or
Rural zone, one sleeping cabin shall be a permitted accessory use,
provided that:
1. The maximum floor area, including attached decks, of a sleeping cabin
shall be 25m2.
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8.
On a lot of less than 1ha, buildings or structures accessory to a residential or
public use shall be subject to the following special provisions:
1. The lot coverage of all accessory buildings or structures shall not exceed
10%.
2. The maximum height of an accessory building or structure shall be 6.0m.
3. Notwithstanding the yard provisions of this By-law to the contrary, except
as otherwise provided for a marine facility, an accessory building or
structure other than a sleeping cabin may be located in a required interior
side or rear yard, provided that the minimum yard shall be as follows:
a.
2m, where the accessory building or structure is less
than 4 m in height and 5 m in length, measured parallel
to the interior side or rear lot line, as applicable;
b.
3m, in all other cases.
9.
Except as otherwise provided in this section, accessory buildings and
structures shall conform to the zone provisions applicable to main buildings.
10.
Notwithstanding the foregoing provisions, an outdoor woodburning furnace
shall only be permitted in a Rural or Agriculture zone and all yards shall be a
minimum of 50 m.
3.2
Additional Dwelling Types
1. Additional Residential Units
Notwithstanding any other provisions of this By-Law, regarding the number of
dwelling units on a single lot, a maximum of 2 Additional Residential Units
are permitted in the General Residential, General Commercial, Local
Commercial, Rural and Agriculture Zones subject to the following provisions:
1.
A maximum of 1 Additional Residential Unit shall be a permitted use
within a single dwelling.
2.
A maximum of 1 Additional Residential Unit shall be a permitted use
in a building or structure accessory to and located on the same lot as
a single detached dwelling, duplex dwelling or semi-detached
dwelling.
3.
An Additional Residential Unit shall only be permitted where adequate
supply of potable water and sufficient land area for the required waste
water service can be provided.
25
4.
Where an Additional Residential Unit is established in a building or
structure that is accessory to a permitted dwelling the unit shall be
subject to all applicable provisions for the principal dwelling in the
Zone in which it is located. Notwithstanding the foregoing, the
minimum floor area of an Additional Residential Unit shall be 30m2.
5.
Where an Additional Residential Unit is established in an existing
dwelling, all applicable provisions for the dwelling in the Zone in which
it is located shall be adhered to. Notwithstanding the foregoing, the
minimum floor area of an Additional Residential Unit shall be 30m2.
6.
The maximum floor area of each Additional Residential Unit shall not
exceed 60% of the floor area of the principal dwelling.
7.
The Additional Residential Unit shall share 1 or more of the following
with the principal dwelling: lot entrance and driveway, water supply,
wastewater system.
8.
The Additional Residential Unit shall only be established on a lot that
abuts and has direct access via an improved street.
9.
An Additional Residential Unit shall not be permitted in an accessory
building or structure on a lot containing a garden suite.
2. Duplex Dwellings & Semi-Detached Dwellings
Notwithstanding any other provisions of this By-law to the contrary, Duplex
Dwellings and Semi-Detached Dwellings are permitted in the General
Residential, General Commercial, Local Commercial and Rural Zones
subject to the following provisions:
1.
A duplex dwelling or a semi-detached dwelling is permitted on lots
within a Settlement Areas designation in the Official Plan.
2.
A duplex dwelling or a semi-detached dwelling shall only be
established on a lot that meets the minimum lot area and lot
frontage requirements of the zone in which the lot is located.
3.
A duplex dwelling or a semi-detached dwelling shall only be
permitted where adequate supply of potable water and sufficient
land area for the required waste water servicing can be provided.
4.
A maximum of 1 duplex dwelling or semi-detached or single
dwelling is permitted per lot.
26
3.
Tiny Dwellings
Notwithstanding any other provisions of this By-law to the contrary, a Tiny
Dwelling with a minimum size of 30m2, is permitted as a single dwelling in
all zones where a residential use is a permitted principal use.
3.3
Additional Lot Coverage and Floor Space Index Provisions for a Lot
Abutting a Water Body
In addition to the maximum lot coverage and floor space index provisions of this
By-law, the following additional provision shall apply to any development within
60m of the high water mark on a lot abutting a water body:
1. The maximum lot coverage and floor space index requirements of this
By-law shall also be complied with on the basis of including only that
portion of the lot area situated within 60m of the high water mark for
the purpose of the calculations.
3.4
Agricultural Related Uses
1.
Lot Coverage (maximum)
1.
2% to a maximum of 1ha.
2.
Lot coverage for agricultural related uses shall be included as
part of the total maximum lot coverage permitted under the
zone requirements.
3.
The lot coverage calculation for agricultural related uses shall
contain all aspects related to all agricultural related uses and
shall include all buildings, outdoor storage, landscaped areas,
berms, parking and new access roads associated with that
use. Lands used for crop production shall not be included for
lot coverage of an agricultural related use.
2.
Where agricultural related uses are situated less than 30m from a
Residential zone, a street or a dwelling on another lot, a continuous
1.5m wide buffer strip consisting of a berm, opaque fence or
landscaping having a minimum combined height of 1.5m shall be
provided so as to screen the agricultural related use from the
Residential zone, street or dwelling. Such buffer strip shall be broken
only by a driveway or other access areas.
3.
Direct access from an abutting public road frontage shall be required.
3.5
Bed and Breakfast Establishments
Bed and Breakfast Establishments shall be permitted in a single dwelling on lots
27
which are zoned to permit the use. For all other dwelling types, a Bed and Breakfast
Establishment may be permitted on lots which are zoned to permit the use and are
located within a Settlement Areas designation in the Official Plan.
3.6
Existing Non-Complying Lots
Where, on the date of passing of this By-law, a lot exists with less than the minimum
lot frontage, water frontage and/or lot area required by this By-law, or is increased in
lot frontage, water frontage and/or lot area but is still undersized, such non-
complying lot may be used and a building or structure may be erected, altered or
used for a purpose permitted in the zone in which it is located on the date of the
passing of this By-law without the requirement to obtain relief from the applicable lot
frontage, water frontage and/or lot area provisions of this By-law. This provision
shall also apply to lots that become non-complying that have resulted from
expropriates, government acquired lands and/or road widening provided the action
was initiated by the Corporation, United Counties of Leeds and Grenville, the
Government of Ontario or Canada, any agencies, boards, commissions or
authorities thereof, and any company providing electricity, natural gas, wired or
wireless communications or rail transportation. This provision shall not be construed
as granting relief from any other provisions of this By-law.
3.7
Frontage on an Improved Street
1. No lot shall be used and no building or structure shall be erected on a lot in any
zone unless such lot has sufficient frontage on an improved street to provide
driveway access. Notwithstanding the foregoing, this provision shall not apply to:
- A non-residential building or structure for agricultural or conservation use;
- A lot on a registered Plan of Subdivision or Condominium and with frontage
on a street which will become an improved street pursuant to provisions in,
and financial security associated with, a Subdivision or Condominium
agreement that is registered on the title to the lot;
- A lot located in a Waterfront Residential (RW) zone.
- A waterfront lot located in a Rural (RU) zone, where development is
restricted to that portion of the lot within 100m of the high water mark or
development is within 100m of a private right-of-way used to provide direct
access to the lot, and the use of the lot is restricted to those permitted in the
RW zone.
- Lots created by an approved Plan of Subdivision or Condominium or by
Consent under the Planning Act.
- Concession 6, Part Lot 6, Ward of South Crosby
- Concession 1, Part Lot 4, RP 28R-135, Part 44, Ward of South Crosby
28
- Concession 1, Part Lot 4, RP 28R-135, Part 62, Ward of South Crosby
- Concession 4, Part Lot 27, Plan 72, Lot 13, Ward of North Crosby - Newboro
- Concession 6, Part Lot 7, RP 28R1877, Part 4, Ward of North Crosby -
Newboro
- South Elmley, Concession 1 PT LOT 27 RP 28R9032;Parts 1 & 2
- South Elmsley, Concession 4, PT Lot; 23 RP 28R11356 Parts 42 and 43
for one single family dwelling only
- Concession 1, PT Lot 4 RP 28R135;Part 46 for one single family dwelling
only
- Concession 1, PT Lot 26 RP 28R15863 Part 2; PT Road Allowance RP
28R15863 Parts 4 and 6, for one single family dwelling only
2. Notwithstanding the zone provisions to the contrary, for lots that maintain
complying principal frontage on a waterbody and also abut an improved street, a
minimum of 20m continuous lot line shall be maintained for access from the
improved street.
3.8
Group Homes
Group homes shall be permitted in all zones which permit residential use in
accordance with the following:
1.
The maximum occupancy for a Group Home is 10 residents, excluding staff
or receiving family.
2.
Group Homes may be permitted in single dwellings and in both units of semi-
detached and duplex dwellings, provided that both units are occupied by 1
Group Home operation.
3.9
Height Exceptions
The maximum height restrictions of this By-law shall not apply to the following:
-
Air conditioning, heating or similar mechanical equipment;
-
Antenna;
- Barn;
- Belfry, spire or dome associated with a place of worship;
- Chimney;
- Clock tower;
- Communications tower;
- Electrical supply structure;
29
- Elevator or mechanical penthouse;
- Farm implement storage building;
- Flag pole;
- Grain elevator;
- Silo;
- Solar collector;
- Water tower;
- Windmill; or
- Similar structures
3.10
Home-Based Businesses
A home-based business shall be permitted as an accessory use to any dwelling or
dwelling unit in accordance with the following provisions:
1.
No more than 25% or 50m2 of the floor area of the dwelling unit, whichever
is lesser, shall be used for the home-based business.
2.
There shall be no visible indication from the exterior of the presence of the
home-based business other than one non-illuminated sign not larger than
1m2.
3.
There shall be no open storage of inoperative or unlicensed motor vehicles or
other materials, or outdoor animal enclosures.
4.
There shall be no storage of hazardous materials such as paint or other
flammable, corrosive or explosive substances.
5.
With the exception of antique shops, there shall be no direct retail sale of
goods other than those produced on the premises or those which are clearly
incidental to a personal service or service outlet home-based business.
6.
Where respite care or child care is provided, there will be no more than six
persons, other than the caregiver, in attendance at any one time. Where
instruction is provided, there shall be no more than ten persons, other than
the instructor, in attendance at any one time. In the case of all other home-
based businesses, not more than one individual client or customer shall be
served at any one time.
7.
A maximum of one person in addition to the dwelling occupant(s) may be
employed in the home-based business, provided that the maximum number
of persons employed in the home-based business shall not exceed three.
For the purposes of this subsection, the number of persons shall be
calculated on the basis of full-time equivalence.
8.
Up to 75 m2 of floor area within an accessory building may be used for the
home-based business, provided that:
30
1. The accessory building shall be located in accordance with the minimum
yard setbacks applicable to the primary use on the property.
2. The combined total floor area used for the home-based business within
the accessory building and dwelling unit shall not exceed 50% of the floor
area of the dwelling.
3. A maximum of 1 washroom is permitted provided that it is used primarily
for the home-based business.
9.
Not more than one commercial vehicle related to the home-based business
shall be kept on the premises.
10.
The home-based business shall not, in the opinion of the Township, change
the predominantly residential character of the property or create or become a
public nuisance with regard to noise, odours, vibration, heat, traffic, lighting or
other annoyance.
3.11
Hunt Camp
Hunt Camps shall be permitted as an agricultural use subject to a maximum size of
93m2 including attached decking. Habitation of the building or structure is limited to
use during hunting and fishing seasons.
3.12
Loading Space Requirements
1.
Number of Loading Spaces Required
Any commercial or industrial use which involves the transfer of goods, wares,
merchandise or raw materials to and from the site shall provide and maintain
loading facilities on the lot in accordance with the following regulations:
Floor Area of Building
Number of Loading Spaces
less than 200m2
0
200m2 - 1,000m2
1
over 1,000m2
1 plus 1 additional loading space per
each 1,000m2 of floor area or part
thereof
2.
Loading Space Size
A required loading space shall be a minimum of 9m long, 3.5m wide and
have a vertical clearance of at least 4m.
3.
Loading Area Surface
A loading area shall be maintained with a stable surface such as concrete,
asphalt or crushed stone.
31
4.
Cumulative Loading Requirements
Where a lot, building or structure accommodates more than one use, the
loading space requirement shall be the sum of the requirements for the uses.
3.13
Lots Containing More Than One Use
Where a lot accommodates more than one use and the provisions of this By-law for
the uses are different, the more restrictive provisions shall apply.
3.14
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, each 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. The more restrictive provision shall apply in the case of lot
coverage or floor space index provisions.
3.15
Non-Conforming Uses, Buildings and Structures
1.
Buildings Accessory to Non-Conforming Uses
An accessory building may be erected for an existing legal non-conforming
use, provided it complies with the provisions of this By-law.
2.
Change of Non-Conforming Use
A non-conforming use may not be changed to another use unless it is to a
permitted use in the zone in which it is located. Pursuant to the provisions of
the Planning Act and the Official Plan, a non-conforming use may only be
changed to another non-conforming use with the permission of the
Committee of Adjustment.
3.
Repair, Restoration and Reconstruction of Non-Conforming Uses,
Buildings or Structures
1. A legal non-conforming use, building or structure may be repaired,
restored or rebuilt provided that:
- Such repair, restoration or rebuild does not increase the height, size,
volume or extent of non-conformity of the use, building or structure,
except as is required in order to comply with the requirements of the
Ontario Building Code, and/or Parks Canada Policies for In-Water and
Shoreline Works and Related Activities, and/or the Development,
Interference with Wetlands, and Alterations to Shorelines and
Watercourses Regulations of the applicable Conservation Authority. .
Notwithstanding the foregoing, a roofline or roof pitch which does not
result in an increase in floor area may be increased provided the
increase remains at or below the highest roofline or roof pitch on the
32
existing same storey of a building or structure.
- Notwithstanding the foregoing, non-conforming uses, buildings or
structures may be relocated in a more compliant location than existing
provided that the height, size, volume or extent of non-conformity of
the existing building or structure is not increased and that the
relocation complies with the requirements of the Ontario Building
Code, and/or Parks Canada Policies for In-Water and Shoreline
Works and Related Activities, and/or the Development, Interference
with Wetlands, and Alterations to Shorelines and Watercourses
Regulations of the applicable Conservation Authority.
4.
Replacement of Non-Conforming Sewage Disposal Systems
Notwithstanding any provision of this By-law to the contrary, a sewage
disposal system which was legally constructed under the regulations
governing sewage disposal systems that were in force and effect at the time
of such construction but that is non-conforming with respect to the water and
natural heritage setback provisions, may be replaced in accordance with the
following:
- Where the sewage disposal system is located on a lot which is less than
45m in depth measured from the high water mark and/or natural heritage
area, the water and/or the natural heritage setbacks for the replacement
sewage disposal system shall be that of the existing sewage disposal
system or as set out in the Ontario Building Code, whichever is greater.
- Where the sewage disposal system is located on a lot which is functionally
greater than 45m in depth measured from the high water mark and/or
natural heritage area, the minimum water and/or natural heritage setbacks
for the replacement sewage disposal system shall be 30m.
5.
Expansions of Non-Conforming Uses, Buildings or Structures
A non-conforming use, building or structure may not be expanded, except
with the permission of the Committee of Adjustment for the Township,
pursuant to the provisions of the Planning Act and the Official Plan.
3.16
Occupancy Restrictions
None of the following shall be used as a dwelling or for the purposes of human
habitation:
1.
Any truck, bus, coach, railway, streetcar body or similar vehicle;
2.
Any marine facility or building or structure accessory to a residential use,
other than a sleeping cabin;
33
3.
Any park model trailer, recreational vehicle, or travel trailer, except in a tourist
campground or as a temporary use in accordance with Section 3.28 of this
By-law.
Notwithstanding the provisions of Section 3.16, on the lands identified as 1121 North
Shore Road, Ward of North Crosby - Newboro (Concession 2 and 3, Part Lot 7, RP
28R320, Part 6 and RP 28R1497 Part 1 and Part 2), occupancy of one accessory
building shall be permitted up to 33.5m2however shall comply with the interior
characteristics of a sleeping cabin as prescribed by the By-law. No other sleeping
cabin shall be constructed anywhere on the subject lands.
3.17
Open Storage
Open storage shall be permitted as an accessory use to a permitted use within any
zone other than a Residential zone regardless of size, or a Rural zone of less than
1ha, provided that:
1.
No part of an open storage area shall be located within a minimum yard or
water setback required by this By-law;
2.
Open storage shall not occupy any driveway or parking or loading area
required by this By-law;
3.
Where open storage is situated less than 30m from a Residential zone, a
street or a dwelling on another lot, a continuous buffer strip consisting of a
berm, opaque fence or landscaping having a minimum combined height of
1.5m shall be provided so as to screen the open storage area from the street
or dwelling. Such buffer strip shall be broken only by a driveway or walkway
from the street.
3.18
Parking Requirements
1.
Number of Parking Spaces Required
In any zone, the owner or occupant of any lot or building or structure erected,
enlarged or changed in use after the passing of this By-law, shall provide off-
street parking in accordance with the following:
Type of Use
Number of Parking Spaces Required
Accessory dwelling unit
1 parking space per accessory dwelling
unit
Additional residential unit
1 parking space per additional residential
unit
Bed and breakfast
1 parking space per guest room in
addition to the applicable dwelling
requirement
34
Child Care Centre
1 parking space per on duty employee
plus 1 space per 10 children
Clinic
1 parking space per 25m2 of floor area
Commercial use not defined
1 parking space per 25m2 of floor area
Dwelling - Duplex,
2 parking space per dwelling unit
Semi-Detached, Single
provided that 1 of the 2 required spaces
may be in tandem
Dwelling - Multiple, Tiny
1 parking space per dwelling unit
Group home
1 parking space in addition to the
applicable dwelling requirement
Home-based business
1 parking space in addition to the
applicable dwelling requirement. For
instructional uses 2 parking spaces, in
addition to the applicable dwelling
requirement, shall be required for more
than 5 participants.
Industrial use
1 parking space per 70m2 of floor area
Institutional or public use
1 parking space per 40m2 of floor area
Marina
1 parking space per boat slip or 1
parking space per 20m2 of floor area,
whichever is greater
Mobile Home Park or
1 parking space per site
Tourist Campground
Place of worship or assembly
1 parking space per 12m2 of floor area
devoted to public assembly
Professional or business office
1 parking space per 25m2 of floor area
Recreational use
1 parking space per 4 persons design
capacity or 1 parking space per 20m2 of
floor area, whichever is greater
Restaurant, banquet hall
1 parking space per 14m2 of floor area
or a minimum of 2 parking spaces,
whichever is greater
35
Retail store, personal service,
1 parking space per 25m2 of floor area
merchandise service outlet
School - elementary
1.5 parking spaces per classroom
School - secondary
4 parking spaces per classroom
Self-Storage Facility
1 parking space per 300m2 of floor area
Tourist Lodging Establishment
1 parking space per guest room or
cabin plus 1 parking space per 20m2 of
floor area devoted to dining or meeting
uses
Warehouse or storage use
1 parking space per 100m2
2.
More than One Use on a Lot
Where a building or lot accommodates more than one use, the number of
parking spaces required shall be the sum of the requirements for each of the
uses.
3.
Parking Space Size and Access
Parking spaces shall have a minimum width of 2.75m and a minimum length
of 6m. A parking space shall have unobstructed access, except where
tandem parking is specifically permitted by this By-law.
4.
Accessible Parking
Where a required parking area contains 10 or more parking spaces, reserved
accessible parking spaces shall be provided in accordance with the following
and in consideration of the Accessibility for Ontarians with Disabilities Act:
1.
At the rate of 1 accessible parking space per 30 required parking spaces
or fraction thereof, subject to the provision of a minimum of 1 accessible
parking space.
2.
At a minimum width of 3.4m and a minimum length of 6m.
3.
Access provided by an access aisle with a minimum width of 1.5 m which
extends the full length of the accessible parking space, and which is
marked with high tonal contrast diagonal lines (i.e. hatching) on a hard
surface or other via similar methods. 2 accessible parking spaces which
are adjacent to one another may share 1 access aisle.
5.
Driveway Access to Parking Areas
36
Driveways designated for two-way traffic shall have a minimum width of 6m.
One-way driveways and driveways serving only one dwelling unit shall have
a minimum width of 3m. For portions of a driveway that directly abut a
parking space, the minimum driveway width shall be as follows:
Angle of Parking Space to Driveway
Minimum Driveway Width
0 degrees
3m
30 degrees
3.4m
45 degrees
3.7m
60 degrees
5.4m
90 degrees
6m
6.
Parking Area Surface
A parking area shall be maintained with a stable surface such as concrete,
asphalt or crushed stone.
7.
Parking Area Location
Required parking for any residential use or Residential zone shall be
provided on the same lot as the dwelling unit.
Required parking for non-residential uses shall be provided within 150m of
the building that it is intended to serve and no part of any parking area shall
be permitted on lands not zoned for the use with which the parking is
associated. Where required parking is not provided on the same lot, the lot
on which the parking is located shall be under the same ownership and shall
be retained for the duration of the use.
8.
Parking Requirements for Additions to Existing Buildings
Where an existing building or structure has insufficient parking spaces to
comply with the provisions of this By-law, this By-law shall not be interpreted
to require that the deficiency be made up prior to the construction of any
addition, provided that no addition may be built and no change of use may
occur within the existing building or structure, the effect of which would be to
increase the extent of such deficiency.
3.19
Public Uses
Any land may be used and any building or structure erected or used for the purpose
of a public use as defined in this By-law, provided that:
- Lot coverage, setback and yard requirements of the zone in which such land,
building or structure is located shall be complied with, except in the case of
towers, poles, lines and transmission facilities for natural gas, electricity,
37
cable, water, storm and sanitary sewage and wired and wireless
communications. Notwithstanding the foregoing there shall be no minimum
water setback for waterfront structures such as decks, gazebos and other
similar structures.
3.20
Reductions Within Settlement Areas
Notwithstanding any minimum front yard requirement of this By-law to the contrary,
on a lot within the Settlement Areas designation of the Official Plan, the front yard
may be reduced to 3m or the average of the front yards of existing main buildings
located on the abutting lots, whichever is greater.
Notwithstanding any minimum parking requirements of this By-law to the contrary,
on a lot within the Settlement Areas designation of the Official Plan, the amount of
non-residential parking spaces may be reduced by 25% provided adequate on-
street parking is available within 30m of the lot.
3.21
Sensitive Land Use Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new sensitive land use
shall be located minimum distances from certain zones or land uses on other lots as
follows:
- From a licensed pit
300m
- From a licensed quarry, asphalt plant or concrete plant
500m
- From land zoned Salvage Yard Industrial
300m
- From land zoned Disposal Industrial, designated as a Waste Disposal Site in
the Official Plan or used for waste disposal
500m
- From a kennel
300m
-
From livestock facilities
As per the Minimum Distance Separation I
(MDS I) formula, as issued by the Ontario
Ministry of Agriculture, Food and Rural Affairs
except that MDS I shall not apply to a new
dwelling to be located on a lot of less than 2 ha
in area if such lot was created prior to the
implementation of this Zoning By-law.
3.22
Setbacks from Environmental Protection (EP) Zones in this By-law and
Natural Heritage Designations in the Official Plan
1. Notwithstanding any other provisions of this By-law, the minimum setback of
any building or structure, including sewage disposal systems and swimming
pools, from lands zoned Environmental Protection in this By-law or
designated Natural Heritage in the Official Plan shall be as follows:
- From the Environmental Protection - A or B (EP-A or EP-B) zone or
Natural Heritage A or B designation in the Official Plan
120m
38
- From the Environmental Protection - C (EP-C) zone or
Natural Heritage C designation in the Official Plan
30m
or such lesser setback as recommended in an Environmental Impact Study
undertaken to the satisfaction of the Township, provided that such lesser
setback shall not be less than 30m.
2. Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, bay
windows and other ornamental features may project into an Environmental
Protection Zone setback or Natural Heritage setback by not more than 0.6m
however will not be permitted within the Environmental Protection Zone or
Natural Heritage Designation.
3. Awnings, clothes poles, flag poles, garden trellises, fences, plant materials,
play structures under 15m², temporary event tents, stairs, ramps for
accessibility, and landings (as minimal as required by the Ontario Building
Code) may project into an Environmental Protection Zone setback or Natural
Heritage designation setback, however will not be permitted within the
Environmental Protection Zone or Natural Heritage Designation.
3.23
Sewage Disposal Systems and the Applicability of this By-law
Except in relation to water setbacks and natural heritage setbacks, sewage disposal
systems shall not be subject to the provisions of this By-law.
3.24
Shoreline Area Occupancy
Notwithstanding any provisions of this By-law to the contrary, on any lot abutting a
water body and used for purposes other than a marina, a maximum of 20% or 15m
of the shoreline area, whichever is lesser, shall be occupied by marine facilities,
pump houses, stairs, decks, patios, gazebos and all other accessory buildings and
structures. For the purposes of this section, the shoreline area shall include that
portion of the lot lying within 3m of the high water mark.
3.25
Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area
defined as a sight triangle, the following uses shall be prohibited:
- A building, structure or use which would obstruct the visions of motorists;
- A fence or any vegetation of a height which is more than 1m above the
elevation of the centrelines of abutting streets;
- A parking area.
39
3.26
Source Water Protection
All development applications, except for those solely for residential purpose, on
lands designated as an Intake Protection Zone (IPZ) or Wellhead Protection Area
(WHPA) on Official Plan Schedule D- Source Water Protection Areas, shall be
accompanied by a completed Source Protection Activity Checklist unless exempted
by the Corporation and/or the Risk Management Official. Where not exempted,
applications shall require a clearance notice from the Risk Management Official in
accordance with Section 59(2) of the Clean Water Act prior to approval.
3.27
Street and Private Right-of-Way Setbacks
The following setbacks for buildings and structures shall be required:
- County street
13m from the centre line of the street plus the
minimum required applicable yard for the
appropriate zone
- Township street
10m from the centre line of the street plus the
minimum required applicable yard for the
appropriate zone
- Private right-of-way
6m from the edge of the right-of-way
3.28
Temporary Uses
The following shall be permitted in any zone, except Environmental Protection (EP)
and Flood Plain (FP) zones:
- Construction facilities such as sheds, scaffolds and other structures
incidental to the construction on the premises for so long as the work is in
progress;
- A temporary real estate sales and/rental office;
- A park model trailer, recreational vehicle or travel trailer occupied on a
temporary basis during the course of construction of a dwelling on the same
lot, provided that:
-
An appropriate sewage handling system is provided;
-
A building permit for a dwelling has been issued and remains in force
or the previous dwelling was damaged as a result of a natural
occurrence/disaster and a building permit is obtained for the
reconstruction of the dwelling within 6 months (extensions may be
provided through review by Council's delegated authority) of such
disaster;
40
-
The trailer or vehicle is located in accordance with the required yards
and water setbacks applicable to a dwelling;
-
In no event shall the trailer or vehicle be located on the lot for a period
exceeding two years from the date of issuance of the building permit.
Temporary event tents used on a temporary basis to not exceed a maximum of 5
days (120 hours) per any two months. Notwithstanding the foregoing policy to the
contrary, a temporary event tent may be located in an EP or FP zone with
permission obtained by the relevant Conservation Authority.
Notwithstanding Section 3.16, the following use shall be permitted in the Rural (RU)
and Agricultural (A) Zones on a temporary basis:
- A park model trailer, recreational vehicle or travel trailer be temporarily
occupied for the purpose of habitation by seasonal or migrant agricultural
labour, provided that:
- The temporary use is located on a property with an established dwelling,
and that it is part of an active agricultural operation;
- A minimum yard setback of 30m and a minimum water setback of 100m
is maintained;
- Appropriate access is provided to the location of the temporary use to
allow for emergency access;
- The period of habitation is limited to April 1st - November 30th of each
calendar year;
- An approved temporary connection to an on-site sewage system is
provided, and a temporary building permit is gained for the
connection/system;
- During the period outside the permitted temporary use, the trailer or
vehicle must be removed from the property or appropriately stored in
accordance with the Zoning By-law's open storage provisions;
- A copy of the Health Unit certificate of approval is supplied to the
Township, as applicable;
- The occupancy of the trailer or vehicle shall be in accordance with the
manufacture's specifications;
- The trailer or vehicle must remain mobile and temporary in nature. No
permanent connections or built structure additions are permitted; and
- Notwithstanding Section 34(9) of the Planning Act the temporary use
does not gain legal non-conforming rights as a permanent use as the
temporary nature of the use specifically constitutes a discontinuance of
that use.
41
3.29
Through Lots
On a through lot, the minimum front yard requirement shall apply to each yard
abutting a street.
3.30
Water Frontage and Water Setbacks
1.
Except as otherwise provided by Section 3.6, the minimum water frontage
for any lot shall be 60m.
2.
Except as otherwise permitted by Sections, 3.15 and 3.31 of this By-law,
the minimum water setback shall be 30m for all buildings and structures,
including all sewage disposal systems and swimming pools, but excluding
the following:
a. Decks, gazebos and other similar structures such as hot tubs, which
are unattached to a main building and which have a combined
horizontal surface area of less than 14m².
b. Marinas, pump houses, marine facilities and stairs.
3.31
Yard and Water Setback Encroachments
Notwithstanding the yard and setback provisions of this By-law, the following
encroachments are permitted:
1. Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, bay
windows and other ornamental features may project into any yard or
water setback by not more than 0.6m;
2. Attached decks and balconies may project from the main building into any
minimum required yard setback by not more than 3m. Notwithstanding
the foregoing policy, attached decks and balconies may project into any
minimum required yard setback by more than 3m provided the projection
is no closer to the applicable yard than the existing structure.
3. Attached decks and balconies may project from any part of the main
building into any water setback by a maximum of:
a. 1.2m where the main building is located less than 8m from the high
water mark. This deck shall be limited to 2m2 of horizontal surface
area;
b. 2m where the main building is equal to or greater than 8m but less
than 15m from the high water mark. This deck shall not be limited in
horizontal surface area; or
c. 4m where the main building is equal to or greater than 15m. This
deck shall not be limited in horizontal surface area.
42
4. Awnings, clothes poles, flag poles, garden trellises, fences, plant
materials, play structures under 15m², temporary event tents, stairs,
ramps for accessibility, landings (as minimal as required by the Ontario
Building Code) and similar accessory structures shall be permitted in any
required yard or water setback;
5. Swimming pools may be located in a required interior side or rear yard,
provided that the minimum yard shall be 3m. For the purposes of this
section, hot tubs shall not be considered to be swimming pools.
43
SECTION 4 - ZONES
4.1
Zone Classifications
For the purposes of this By-law, the land area within the Township is divided into the
following zones which are identified on the attached Schedules and to which the
provisions and regulations herein shall apply.
Zone Name
Symbol
Residential Zones
- General Residential
RG
- Waterfront Residential
RW
- Mobile Home Park Residential
RMH
Commercial Zones
- General Commercial
CG
- Local Commercial
CL
- Tourist Commercial
CT
Industrial Zones
- General Industrial
MG
- Salvage Yard Industrial
MS
- Disposal Industrial
MD
Institutional Zones
- Institutional
I
Open Space Zones
- Open Space
OS
Parking Lot Zones
-
Parking Lot
PL
Rural Zones
-
Rural
RU
Agriculture Zones
-
Agriculture
A
Mineral Resource Zones
-
Mineral Aggregate Extraction
EX
Natural Heritage Zones
-
Environmental Protection - A
EP-A
-
Environmental Protection - B
EP-B
-
Environmental Protection - C
EP-C
44
Natural Hazard Zones
-
Flood Plain
FP
4.2
Schedules
The attached Schedules A1, A2, A3 and A4 form a part of this By-law.
4.3
Boundaries of Zones
The location and boundaries of the zones established by this By-law and certain
requirements applicable to such zones are shown on the maps hereto attached as
Schedules A1, A2, A3 and A4.. Where any uncertainty as to the boundary of any
zone as shown on the zoning schedules, the following provisions shall apply:
1.
Where a zone boundary is indicated as following and is within the boundary
of a street, lane, railway right-of-way, other right-of-way or watercourse, the
boundary shall be the centre of such street, lane, railway right-of-way, right-
of-way or watercourse.
2.
Where a zone boundary is indicated as approximately following lot lines on a
registered Plan of Subdivision or Condominium, deposited reference plan or
original Township survey, the boundary shall follow such lot lines. No
amendment to the By-law shall be required for minor adjustments to zone
boundaries shown on the Schedules where, in the opinion of the Township,
such adjustments are merely for the purpose of more accurately reflecting
surveyed information.
3.
Where a zone boundary is indicated as following a shoreline of a
watercourse, the boundary shall follow such shoreline and in the event that
the shoreline changes, the boundary shall be taken as having moved with the
shoreline.
4.
Where a zone boundary as indicated follows the 1:100 flood line, the
boundary shall be the 1:100 flood line.
5.
Where a zone boundary is indicated as following a wetland, the boundary
shall follow such wetland and in the event the wetland boundaries change,
the boundary shall be taken as having moved with the wetland.
6.
Where any street, lane, right-of-way, railway right-of-way or watercourse as
shown on the schedules is hereby closed or diverted, the object of such
closure or diversion shall be included within the zone of the abutting property
on either side thereof.
7.
Where any zone boundary is left uncertain after the application of clauses (1)
through (6) above, the boundary shall be determined by scale from the
original Schedules.
45
8.
Wherever it occurs, the municipal boundary is the limit of the zone adjacent
to it.
4.4
Holding Provisions
Where a zone symbol is followed by a hyphen and the letter "h", this denotes a
holding provision. Within such zones, only existing uses shall be permitted unless
specifically stated otherwise in the by-law, until the "h" has been removed. The
removal of the holding provision shall require an amendment to the By-law. Such
amendment shall only be passed when any applicable servicing, phasing or financial
conditions or agreements for the lands have been satisfied in accordance with the
requirements of the Official Plan. Current holding provisions are listed separately
under the appropriate zone category in the text of the By-law.
4.5
Special Exception Zones
Where a zone symbol is followed by a hyphen and a letter or a number other than "-
h", (for example, "-x" or "-1"), the lands so zoned shall be subject to all the provisions
of the zone represented by such symbol except as otherwise provided by the special
provisions of that zone. Current special exception zones are listed separately under
the appropriate zone category in the text of the By-law.
4.6
Temporary Use Provisions
Where a temporary use provision is established for the purpose of accommodating a
temporary use pursuant to the provisions of the Planning Act, the lands so zoned
shall be subject to all the provisions of the zone, except that a temporary use shall
be permitted for a specified period of time. The zone symbol shall be followed by a
hyphen, the letter "T" and a letter or a number other than "-h", (for example, "-Tx" or
"-T1"). Current temporary use provisions are listed separately under the appropriate
zone category in the text of the By-law.
46
SECTION 5 - RESIDENTIAL ZONES
5.1
General Residential (RG)
1.
Permitted Uses
additional residential unit
bed and breakfast
duplex dwelling
semi-detached dwelling
single dwelling
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
-
Lots designated Settlement Areas
in Official Plan or within a Plan of Subdivision or Condominium
40m
-
All other lots
60m
- Yards (minimum)
-
Front
- Lots designated Settlement Areas
in Official Plan
6m
- All other lots
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
7.5m
- Dwelling Unit Area (minimum)
75m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
-
Lot abutting a water body
10%
-
All other lots
20%
- Floor Space Index for lot abutting
a water body (maximum)
15%
- Dwellings per Lot (maximum)
1
- Additional Residential Unit (maximum)
2
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
47
4.
Special Exception Zones
1.
RG-1 (Part of Lots 22 & 23, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.1.2, on the lands zoned
RG-1, the following provisions shall prevail: (#97-26 - December,
1997)
- Yards (minimum)
-
Front
7m
-
Exterior Side
7m
-
Interior Side
3m
-
Rear
8m
- Dwelling Unit Area (minimum)
135m2
- Building Height (maximum)
12m
2.
RG-2 (Part of Lot 23, Concessions 1 & 2, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.1.2, on the lands zoned
RG-2, the following provisions shall prevail: (#97-26 - December,
1997)
- Yards (minimum)
-
Front
7m
-
Exterior Side
7m
-
Interior Side
6m
-
Rear
8m
- Dwelling Unit Area (minimum)
135m2
- Building Height (maximum)
8m
3.
RG-3 (Part of Lot 27, Concession 4, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.1.2, on the lands zoned
RG-3, the following provisions shall prevail:
- a 53.5m2 storage building shall be allowed and access to the lot
shall be acquired over an unopened Township road allowance
(#2009-66 - August, 2009)
4.
RG-4 (Part of Lot 23, Concession 9, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-4, an antique shop shall be an additional permitted
use. Furthermore, notwithstanding the provisions of Section 5.1.2 to
the contrary, on the lands zoned RG-4, two dwelling units shall be
permitted. (#2010-8 - February, 2010)
48
5. RG-5 (Vacant Land Condominiums 1 [Units 1-4] & 2 [Units 1-4],
Part of Lot 9, Concession 6, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on the
lands zoned RG-5, the following site specific standards apply: (#2014-
58 - September, 2014) (#2022-72 - November, 2022)
- Lot frontage minimum: 15m
- Lot area minimum: 595m2
- Minimum front yard: 6m
- Minimum interior side yard: 2m
- Lot coverage maximum: 50%
- Floor Space Index maximum: 50%
6.
RG-6-T5 (Plan 1, Part Lots 12 - 15, RP 28R11413, Part 2, South
Crosby)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-6-T5, the following use shall be permitted on a
temporary basis of up to 20 years commencing at the date of the
passing of this By-law: (#2013-17 - March, 2013)
-
Garden Suite
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RG-6-T5, the following site specific standard applies:
-
Yards (minimum)
-
Exterior Side
0m
Notwithstanding the provisions of Section 3.26 to the contrary, on the
lands zoned RG-6-T5, the following site specific standard applies:
-
Street and Private Right-of-Way Setbacks
-
Township Street
15m
7.
RG-7 (Part of Lot 19, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-7, a multiple dwelling shall be an additional permitted
use.
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-7, two single dwellings shall be additional permitted
uses. (#2016-25 - May, 2016)
8.
RG-8 (Part of Lot 6, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 3.8 to the contrary, on the
49
lands zoned RG-8, the maximum height restrictions of the Zoning By-
Law shall not apply to the existing 22.86m (75 feet) spire which is to
be used in accordance with the residential use on the property.
(#2018-57 - November, 2018)
9. RG-9 (Part of Lot 1, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 3.1.9 to the contrary, on the
lands identified as RG-9, the following yard setbacks for an outdoor
woodburning furnace shall prevail: (#2021-10 - February 2021)
-
Front yard:
52.98m
-
Western side yard:
23.25m
-
Eastern side yard:
39.35m
-
Rear yard:
14.50m
10. RG-10 (Plan 28M2 Lot 9, South Elmsley)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-10, a duplex dwelling shall be an additional permitted
use. (#2022-09 - February 2022)
11.
RG-11 (Plan 28 Lots 13 to 18 Lots;24 to 29, South Crosby)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned RG-11, the following provisions shall apply: (#2022-22 -
April, 2022)
-
Dwellings per Lot (maximum): 2
12.
RG-12 (West ½ Part Lot 17, Concession 7, South Crosby)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on
the lands zoned RG-12, a minimum setback of 30m shall be required
from the adjacent unevaluated wetland (#2023-19 - April, 2023)
13.
RG-13 (West ½ Part Lot 17, Concession 7, South Crosby)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on
the lands zoned RG-13, the following provisions shall prevail: (#2023-
19 - April, 2023)
-
30m setback from the larger unevaluated wetland
-
15m setback from the isolated wetlands areas
14.
RG-14 (Part Lot 15, Concession 3, South Crosby)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on the
50
lands zoned RG-14, the following provisions shall apply:
-
to recognize the deficient setbacks of the existing
structures from the private right-of-way on the subject
property which are noted below:
o
A 1.75m setback for the 213.35 sqm (2296.5sqft
- footprint only) 1.5 storey dwelling
o
A 1.25m setback for the 44.6sqm (480sqft)
accessory building
o
A 1.0m setback for the 30.2sqm (325sqft)
accessory building
o
A 1.25m setback for the 66.9sqm (720sqft)
accessory building
o
A 1.5m setback for the 243.7sqm (2624sqft)
accessory building
51
5.2
Waterfront Residential (RW)
1.
Permitted Uses
single dwelling
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
7.5m
- Dwelling Unit Area (minimum)
75m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
10%
- Floor Space Index (maximum)
15%
- Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
1.
RW-1 (Part of Lot 3, Concession 7, South Crosby)
On the lands zoned RW-1, the following additional provision shall
apply: (#99-87 - September, 1999)
- The minimum setback from the top of slope, as identified by an
Ontario Land Surveyor, shall be 10m.
2.
RW-2 (Part of Lot 4, Concession 4, North Crosby - Newboro)
Notwithstanding the provisions of Section 3.10, on the lands zoned
RW-2, the following provision shall prevail in relation to a home-based
business: (#2000-61 - June, 2000)
- A maximum of 250m2 within an accessory building may be used
for the purposes of a home-based business;
- A maximum of 1500m2 of open storage shall be permitted, as
shown on an approved site plan;
52
- Accessory sales of materials used in the home-based business
shall be permitted.
3.
RW-3 (Part of Lot 7, Concession 2 & 3, North Crosby - Newboro)
Notwithstanding the provisions of Section 3.1.1, on the lands zoned
RW-3, a 34m2 portion of an existing accessory building may be used
for human habitation, provided that it shall not be occupied as a
dwelling unit. (#2004-117 - June, 2004)
4.
RW-4 (Part of Lot 5, Concession 1, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2.2, to the contrary, on
lands zoned RW-4, the following provisions shall prevail: (#2004-118
- June, 2004)
- Interior Side Yard (minimum)
2.4m
- Lot Coverage (maximum)
20%
5.
RW-5 (Part of Lot 7, Concession 3, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2.2. to the contrary, on
the lands zoned RW-5, the minimum water setback shall be 40m.
(#2010-25 - March, 2010)
6.
RW-6 (Part of Lot 20, Concession 2, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2.2 and Section 3.30.2
to the contrary, on lands zoned RW-6, the following provisions shall
prevail: (#2010-121 - December, 2010)
- Dwelling Unit Area (Minimum)
19.3m
- Water Setback
40m
7.
RW-7 (Part Lot 6, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Section 3.30 and 3.24 to the
contrary, on lands zoned RW-7 the following provisions shall
prevail: (#2011-11 - February, 2011)
- Water Setback
65m
- Shoreline Area Occupancy
0% or 0m
53
8.
RW-8 (Part of Lot 15, Concession 10, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.2.2, to the contrary, on
lands zoned RW-8, the following provisions shall prevail: (#2011-
54 - July, 2011)
- Lot Coverage (maximum)
2.3%
- Floor Space Index (maximum)
2.3%
9.
RW-9 (Part of Lot 7 and 8, Concession 2, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2.2 to the contrary, on
the lands zoned RW-9, the following site specific standards apply:
(#2012-74 - November, 2012)
- A setback of 10m beyond the top of the bank or a water setback
of 40m whichever is greater.
10.
RW-10 (Part of Lot 19, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 5.2.1 to the contrary, on
the lands zoned RW-10, the following uses apply: (#2013-63 -
September, 2013)
- Without a listed permitted use established accessory
structures/uses are permitted in accordance with the provisions
in Section 3.1.
11.
RW-11 (Part Lot 9, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RW-11, the following site specific standards apply:
(#2013-57 - August, 2013)
- Lot Frontage (minimum)
47.49m
- Yards (minimum)
-
Interior Side (North-East)
1.52m
12.
RW-12 (Part Lot 9, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RW-12, the following site specific standard applies:
(#2013-57 - August, 2013)
- Lot Frontage (minimum)
48.23m
54
13.
RW-13 (Part Lot 1, Concession 10, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RW-13, the following site specific standard applies for an
indefinite amount of time and does not expire with the temporary
provision: (#2013-77 - October, 2013)
- The minimum setback for all development from the undesignated
wetland at the rear of the property identified on Schedule A shall
be 15m
14.
RW-14 (Part Lot 27, Concession 8, Bastard & South Burgess)
Notwithstanding the provisions of Sections 5.2, 3.24, 3.30 & 3.31 to
the contrary, on the lands zoned RW-14, the following restrictions shall
apply: (#2014-17 - March, 2014)
- Shoreline occupancy shall be limited to the area indicated as
joint/common access on Schedule A
- No buildings or structures shall be permitted within 30m of the
high water mark, other than docks and pump houses located
within the area indicated as joint/common access on Schedule A'
15.
RW-15 (Part of Lot 13, Concession 8, North Crosby - Newboro)
Notwithstanding the provisions of Section 5.2.1 to the contrary, on the
lands zoned RW-15, the following permitted uses apply (#2015-6 -
February, 2015)
- Without
a
listed
permitted
use
established
accessory
structures/uses are permitted in accordance with the provisions in
Section 3.1.
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RW-15, the following site specific standard applies:
- Yards (minimum)
o
Interior Side (East)
3.05m
Notwithstanding the provisions of Section 3.27 to the contrary, on the
lands zoned RW-15, the following site specific standards apply
(#2015-6 - February, 2015)
- Private right-of-way (Accessory Structure)
(South)
1.52m from the edge of the right-of-way
- Private right-of-way (Accessory Structure)
(East)
5.07m from the edge of the right-of-way
- Private right-of-way (Dwelling)
(West)
55
2.44m from the edge of the right-of-way
Notwithstanding the provisions of Section 3.21 to the contrary, on the
lands zoned RW-15, the following site specific applies:
1. From a quarry, asphalt plant or concrete plant
370m
16.
RW-16 (Part of Lots 28 & 29, Concession 9, Bastard & South
Burgess)
Notwithstanding the provisions of Section 3.22 to the contrary, on the
lands zoned RW-16, a minimum setback of 33m shall be required
from the EP-A zone. (#2016-37 - June, 2016)
Notwithstanding the provisions of Section 3.30 to the contrary, on the
lands zoned RW-16, a minimum water setback of 33m shall be
required.
17.
RW-17 (Part of Lots 29 & 30, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 5.2 to the contrary, on the
lands zoned RW-17, the following site specific standard applies
(#2016-55 - October, 2016) (#2022-61 - October, 2022):
- The minimum setback for all development from the unevaluated
wetland located on the property shall be 20m
18.
RW-18 (Part of Lot 4, Concession 4, North Crosby - Newboro)
Notwithstanding Section 3.10 to the contrary, up to 66.9m2 of floor
area within an accessory building may be used for the home-based
business, provided that the combined total floor area used for the
home-based business within the accessory building and dwelling unit
shall not exceed 66.9m2. All other home-based business provisions
in Section 3.10 shall remain in effect.
19.
RW-19 (Part of Lot 16, Concession 9, North Crosby - Newboro)
Notwithstanding Section 3.30 and 5.2.2 to the contrary, on the lands
zoned RW-19 the following provisions shall prevail (#2019-6 -
February, 2019):
- Water setback (minimum)
40m
- Lot frontage (minimum)
54m
20. RW-20 (Part of Lot 7, Concession 4, North Crosby - Newboro)
Notwithstanding Section 5.2.2 to the contrary, a Tradespersons
56
Establishment, specifically a Machinist shop, shall be an additional
permitted use on the subject property. (#2019-66 - November 2019)
21.
RW-21-T (Part of Lot 15, Concession 5, South Elmsley)
Notwithstanding Section 5.2 to the contrary, on the lands zoned RW-
21-T, the following use shall be permitted on a temporary basis of up
to 20 years commencing at the date of the passing of this By-law
(#2020-2 - May, 2020):
- Garden Suite
22.
RW-22 (Part Lot 13, Concession 7, South Crosby)
Notwithstanding the provision of Section 3.30.2 to the contrary, on
lands zoned RW-22 the following provisions shall prevail (#2020-25 -
July 2020):
- Water setback (minimum)
40m
23.
RW-23 (Part Lot 20 Part Lot 21RP; 28R5152 Parts 6 to 8,
Concession 6, South Crosby)
Notwithstanding the provision of Section 3.30.2 to the contrary, on
lands zoned RW-23 the following provisions shall prevail (#2020-28
- July 2020):
- Water setback (minimum)
50m
24.
RW-24 (Island Pine Island 40;Giffords, South Crosby)
Notwithstanding the provisions of Section 3.1.7 to the contrary, on the
lands zoned RW-24, two (2) sleeping cabins shall be permitted for
accessory use. (#2022-24 - April, 2022)
25.
RW-25 (Part Lot 25, Concession 9, South Crosby)
Notwithstanding the provisions of Section 3.30 to the contrary, on
the lands zoned RW-25, the following provisions such apply
(#2022-73 - November 2022):
-
Water setback (minimum) 45m
26.
RW-26 (Grindstone Island, Part of Lots 18 & 19, Concession 1,
Bastard & South Burgess)
Notwithstanding the provisions of Sections 5.2.1 to the contrary, on
the lands zoned RW-26 the following provisions shall prevail:
57
- Permitted uses shall be restricted to a conference/seminar facility;
- A conference/seminar facility shall be defined as a complex of
buildings used for the purposes of conferences and/or seminars in
which a maximum of 15 pre-registered participants and 10
staff/presenters
may
participate
and
be
temporarily
accommodated.
27.
RW-27 (Part Lot 23, Concession 5, South Elmsley)
- to permit a 1.5 storey marine facility.
(#2025-44 - April 2025)
28.
RW-28 (Part Lot 16 Island 143, Concession 1 & Part Lot 14,
Concession 1 Island 143, Bastard & South Burgess)
- to increase the water setback to 40m (where 30m is ordinarily
required) based on the Environmental Site Evaluation completed
by in support of the consent application
(#2025-89 - July 2025)
29.
RW-29 (Part Lots 15 & 16, Concession 5, South Elmsley)
- to permit a sleeping cabin within an existing 2 storey building with
the following provisions:
- Sleeping cabin maximum floor area - 67.6sqm (728sqft)
- Rear yard setback for a sleeping cabin - 6.5m (21.3ft)
(#2025-111 - September 2025)
58
5.3
Mobile Home Park Residential (RMH)
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
mobile home
mobile home park
mobile home park management office
recreational facilities accessory to a mobile home park
2.
Zone Provisions
1.
Mobile Home Park
- Lot Area (minimum)
2ha
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
15m
-
Exterior Side
10m
-
Interior Side
10m
-
Rear
15m
- Dwelling Unit Area (minimum)
75m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling
Units per Lot (maximum)
1
2.
Mobile Home Site
- Site Area (minimum)
700m2
- Site Frontage (minimum)
20m
- Site Yards (minimum)
- Front
7.5m
- Exterior Side
7.5m
- Interior Side
3.0m
- Rear
4.5m
- Site Coverage (maximum)
30%
- Mobile Homes per Site (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
(reserved)
59
SECTION 6 - COMMERCIAL ZONES
6.1
General Commercial (CG) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
additional residential unit
automobile service station
bank
bed and breakfast
building supply centre
child care centre
clinic
commercial parking lot
community service
contractor's yard
custom workshop
duplex dwelling
dry-land marina
equipment rental outlet
garden centre
hotel
motel
open market
personal service
place of assembly
private park
professional or business office
recreational establishment
retail store
restaurant
school, commercial
self-storage facility
semi-detached dwelling
service outlet
single dwelling
tradesperson's establishment
vehicle sales or rental establishment
veterinary clinic
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
-
Lots designated Settlement Areas
in Official Plan
40m
60
-
All other lots
60m
- Yards (minimum)
-
Front
- Lots designated Settlement Areas
in Official Plan or for dwelling use
6m
- All other lots
10m
- Exterior Side
6m
-
Interior Side
- Lots designated Settlement Areas
in Official Plan or for dwelling use
6m
- All other lots
10m
-
Rear
- Lots designated Settlement Areas
in Official Plan or for dwelling use
7.5m
- All other lots
10m
- Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
- Dwelling use for lot abutting a
water body
10%
- Dwelling use not abutting a
a water body
20%
- All other uses on lots designated
Settlement Areas in Official Plan
50%
- All other uses on all other lots
30%
- Floor Space Index for dwelling use on
a lot abutting a water body (maximum)
15%
- Accessory Dwellings or Dwellings
per Lot (maximum)
1
- Additional Residential Unit (maximum)
2
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary,
the minimum front or exterior side yard for an automobile service
station pump island or canopy shall be 4.5 m.
61
3.
Vehicle Storage
Notwithstanding any other provision of this By-law to the contrary,
Vehicle Storage use shall be a permitted accessory use in the
General Commercial zone.
4.
Special Exception Zones
1.
CG-1 (Part of Lot 4, Concession 5, North Crosby - Newboro)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
lands zoned CG-1 the following additional uses shall be permitted:
(#2021-28 - May, 2021)
- Multiple dwelling (four dwelling units permitted)
- Warehouse
Notwithstanding the provisions of Section 6.1.2 to the contrary, on the
lands zoned CG-1 the following provision applies to the Multiple
Dwelling use:
- Yards (minimum)
-
Interior Side 6m
2.
CG-2 (Part of Lot 6, Concession 5, North Crosby - Newboro)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
lands zoned CG-2, a warehouse shall be additional permitted uses.
(#2004-164 - November, 2004)
3.
CG-3-h (Part of Lot 5, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
lands zoned CG-3-h, the following provisions shall prevail: (#2012-38
- June, 2012)
The holding designation requires:
- Permits are obtained and required works are completed and
approved to
convert the existing residential structure to a commercial structure.
- A commercial entrance permit is confirmed by the proper
authorities.
4.
CG-4 (Part of Lot 14, Concession 6, Ward of North Crosby - Newboro)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
62
lands zoned CG-4, the following additional uses shall be permitted:
(#2015-47 - October, 2015)
The special exception is to limit the permitted uses on the property to
the following:
- Accessory dwelling
- Accessory dwelling unit
- Community service
- Custom workshop
- Equipment rental outlet
- Garden centre
- Private park
- Professional or business office
- Service outlet
- Recreational establishment
- Tradesperson's establishment
- Automobile service station - Notwithstanding the definition
of an automobile service station it shall not include pumps
for the selling of gasoline and other petroleum fuels.
5.
CG-5 (Part of Lot 4, Concession 5, North Crosby - Newboro)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
lands zoned CG-5, a warehouse shall be an additional permitted use.
(#2004-136 - August, 2004)
Notwithstanding the provisions of Section 6.1to the contrary, on
the lands zoned CG-5, an additional permitted use shall be a
Duplex Dwelling. (#2017-20 - April, 2017)
6.
CG-6 (Part of Lot 27, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.1.1 to the contrary,
on the lands zoned CG-6, agricultural use shall be an additional
permitted use. (#2018-13 - April, 2018)
7.
CG-7 (Part of Lot 4, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 6.1.1 to the contrary,
on the lands zoned CG-7, an Automobile Body Shop shall be
an additional permitted use. (#2018-36 - August, 2018)
8. CG-8 (Part of Lots 21 and 22, Concession 1, South Crosby)
Notwithstanding the provisions of Section 6.1.1 to the contrary, on the
lands zoned CG-8, the following additional uses shall be permitted:
63
-
Warehouse
Vehicle Storage
Notwithstanding the provisions of Section 3.18.1 to the contrary, on
lands zoned CG-8 the number of parking spaces required for the
development proposed within Site Plan Agreement SP-57-2021 is 48.
(#2021-65 - December 2021)
9.
CG-9-h (Part Lot 24, Concession 3, Bastard & South Burgess)
That By-Law 2023-50 is hereby amended by changing the zoning on a
portion of the subject property from Rural (RU) to General Commercial
Special Exemption with a holding provision (CG-9-h).
Notwithstanding the permitted uses of Section 6.1.1 to the contrary, on
the lands zoned CG-9-h, there are no permitted uses on the land until
the lifting of the holding zone. At the time of the lifting of the holding
zone, the special exception be lifted from the property which will then be
placed into the General Commercial (CG) zone.
On the lands zoned CG-9-h, for the purposes of a holding zone, the
development of the property to which this By-law applies shall be limited
to restrict future development on the lot until a completed Site Plan
Control application is approved.
The holding designation shall not be lifted prior to:
- Any necessary plans/studies are submitted which include, but are not
limited to, a traffic impact study, illumination plan, and a stormwater
management plan.
(#2025-11 - February 2025)
10. CG-10-h (Concession 2 Part Lot 20, South Crosby)
To permit a 5.5m side yard setback for an existing building to be
used as a building supply centre use where a 10m setback is
required in the General Commercial (CG) zone. The holding
provision is to limit development on the rezoned lands until Site Plan
Control is approved.
The holding provision is to be lifted pending the
completion/submission of:
-
Commercial Site Plan Control
-
Any study requested by the Township, Ministry of Transportation,
and/or Cataraqui Region Conservation Authority which may include
but is not limited to: Stormwater Management design, traffic impact
study, illumination plan.
(#2025-78 - June 2025)
64
6.2
Local Commercial (CL) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
additional residential unit
antique shop
bank
bed and breakfast
child care centre
clinic
community service
custom workshop
duplex dwelling
open market
personal service
professional or business office
recreational establishment
retail store
restaurant
school, commercial
semi-detached dwelling
single dwelling
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
-
Lots designated Settlement Areas
in Official Plan
40m
-
All other lots
60m
- Yards (minimum)
-
Front
- Lots designated Settlement Areas
in Official Plan
6m
- All other lots
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
- Lots designated Settlement Areas
in Official Plan
7.5m
- All other lots
10m
- Commercial Floor Area (maximum)
250m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
- Dwelling use for lot abutting
65
a water body
10%
- Dwelling use not abutting
a water body
20%
- All other uses on lots designated
Settlement Areas in Official Plan
50%
- All other uses on all other lots
40%
- Floor Space Index for dwelling use
on a lot abutting a water body (maximum)
15%
- Dwelling Unit Area (minimum)
60m2
- Dwellings
per Lot (maximum)
1
- Additional Residential Unit (maximum)
2
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
1.
CL-1 (Part Lot 20, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-1, an automobile service station would be a permitted
use. (#2006-66 - June, 2006)
2.
CL-2 (Part Lot 20, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-2, an automobile body shop and vehicle sales or
rental establishment would be a permitted use. (#2006-67 - June,
2006)
3.
CL-3 (Part Lot K, Plan 72, Village of Newboro)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-3, a tourist lodging establishment would be a
permitted use. (#2006-68 - June, 2006) (#2006-69 - June, 2006)
4.
CL-4 (Part Lot 21, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-4, a tradesperson's establishment would be a
permitted use. (#2008-5 - January, 2008)
66
5.
CL-5 (Part of Lot 12, Concession 2, South Crosby)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-5, a maximum of four apartment units would be a
permitted use. (#2009-31 - May, 2009)
6.
CL-6 (Part of Lots 13 & 14, Concession 2, South Crosby)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-6 the construction of a medical centre and 6
apartments on the 2nd floor of the centre would be a permitted use.
The existing accessory unit would be retained and the proposed new
apartments would have a maximum of three bedrooms each. (#2009-
57 - August, 2009)
7.
CL-7 (Part Lot 20, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.2 to the contrary, on the
lands zoned CL-7 the following site specific standards shall apply:
- The required Open Storage setback be a minimum of 10m with a
minimum buffer strip of 2m in height to be located along the
setback. The buffer strip shall be composed of a solid fence that is
opaque in nature. This special provision shall apply to any shared
lot line with a residential use. (#2012-51 - July, 2012)
8.
CL-8-h (Plan 153, Block A, Part Lot 3, Part Lot 28, 61 King Street ES,
Bastard & South Burgess)
Notwithstanding the provisions of 6.2.1 to the contrary, on lands zoned
CL-8-h the following additional use shall be permitted: (#2015-51 -
October, 2015)
- The conversion of the existing dwelling to a multiple dwelling
allowing three or more dwelling units. The holding designation will
require a Hydrogeological Report and a Servicing Options Report
to be completed if the daily effluent exceeds 4500l as a result of
the development.
10.
CL-9 (Plan 88, Part Lot N, RP 28R9978, Part 2, South Crosby)
Notwithstanding the provisions of 6.2.1 to the contrary, on lands zoned
CL-10 the following additional use shall be permitted: (#2017-69 -
December, 2017)
- Self-Storage Facility
67
9.
CL-10-h (Plan 1, Part Lot 12 Part Lot 13, South Crosby)
Notwithstanding the provisions of 6.2.1 to the contrary, on lands zoned CL-9-
h the following additional use shall be permitted: (#2019-20 - March,
2019)
- Multiple dwelling which contains three or more dwelling units
The holding designation requires a Hydrogeological Report and a
Servicing options Report to be completed if the daily effluent exceeds
4500l as a result of any development on the property.
10.
CL-11 (Plan 72, Part of Lot 2, North Crosby - Newboro)
Notwithstanding the provision of Section 6.2 to the contrary, open
storage for boat trailers only shall be an additional permitted use.
(#2020-16 - April, 2020)
68
6.3
Tourist Commercial (CT) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bed and breakfast
community service
dry-land marina
marina
open market
park
place of assembly
recreational establishment
restaurant
school, commercial
tourist campground
tourist lodging establishment
2.
Zone Provisions
- Lot Area (minimum)
- Tourist Campground
2ha
- Other uses
4050m2
- Lot Frontage (minimum)
60m
- Yards (minimum)
- Front
10m
- Exterior Side
10m
- Interior Side
10m
- Rear
15m
- Accessory Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
10m
- Tourist Campground Site
- Site Area (minimum) for each Tent site
60m²
- Site Area (minimum) for each Park
Model Trailer, Recreational Vehicle, or
Travel Trailer Site
465m²
- Park Model Trailer, Recreational
Vehicle, Travel Trailer footprint
(maximum)
50m²
- Site Coverage (maximum)
18%
- Open Deck (maximum)
30m²
- Accessory Structures (maximum)
1
- Accessory Structure Size (maximum)
10m²
- Lot Coverage (maximum)
69
- Tourist Campground
18%
- Other Uses
30%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof, except that the exceptions
permitted in Section 3.31 Yard and Water Setback Encroachments
shall not apply to a Tourist Campground.
2.
If any lot line for a Tourist Campground abuts a rural (RU), residential
(RG, RW, or RMH) or agricultural (A) zone, the required lot line
setback is increased by 10m.
3.
A planting strip of 5m is required along those parts of a lot line that
abut a rural (RU), residential (RG, RW, or RMH) or agricultural (A)
zone.
4.
The development of marine facilities will not be permitted in a Narrow
Channel.
5.
Notwithstanding any provisions of this By-law to the contrary, on any
Tourist Campground abutting a water body and used for purposes
other than a marina, a maximum of 20% or 15m of the shoreline area,
whichever is lesser, shall be occupied by marine facilities, pump
houses, stairs, decks, patios, gazebos and all other accessory
buildings and structures. For the purposes of this section, the
shoreline area shall include that portion of the lot lying within 10m of
the high water mark.
6.
Tourist Campground Sites that legally existed prior to October 3, 2022
and that are less than the minimum Tourist Campground Site Area
shall be permitted to be used for the purposes of a Park Model Trailer,
Recreational Vehicle, Travel Trailer or Tent without the requirement to
obtain relief from the minimum Tourist Campground Site Area. Park
Model Trailers, Recreational Vehicles, Travel Trailers or Tents may be
replaced provided the replacement occupies the same footprint as
that being replaced. Park Model Trailers, Recreational Vehicles,
Travel Trailers or Tents may be expanded in footprint provided all
other zoning provisions are adhered to.
70
4.
Special Exception Zones
1.
CT-1 (Part of Lots 4 & 5, Concessions 6 & 7, South Crosby)
On the lands zoned CT-1 the following additional provision shall apply:
- Any new building shall be flood proofed such that the minimum
elevation of any opening shall be 99.16m geodetic.
2.
CT-2 (Part of Lots 10, Concession 10, North Crosby - Newboro)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 to the
contrary, on the lands zoned CT-2 the following provisions shall
prevail:
- Permitted uses shall be restricted to:
- Tourist lodging establishment;
- Temporary facilities such as a marquee or tent, but not
including a structure, for receptions catering to a maximum
of 300 persons.
- Yards (minimum)
- Front
61m
- Interior Side and Rear
30.5m
3.
CT-3 (Part of Lot 25, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 to the
contrary, on the lands zoned CT-3 the following provisions shall
prevail:
- Permitted uses shall be restricted to a tourist campground;
- A maximum of 94 tourist campground sites shall be permitted.
4.
CT-4 (Part of Lot 17, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Sections 6.3.1 to the contrary, on
the lands zoned CT-4, a single dwelling shall be an additional
permitted use. (#2002-172 - December, 2002)
(CT-4) zone to an amended CT-4-h that is subject to a holding
designation (CT-4-h). The following additional clauses shall be
added to Section 6.3.4.4
CT-4-h the following permitted use is permitted:
-
Multiple Dwelling (Tri-plex)
CT-4-h the following restriction will apply:
-
A maximum of four dwelling units on the subject property
71
The holding designation is to be lifted prior to the issuance of a
building permit for the Multiple Dwelling (Tri-plex) and is only to be
lifted subject to the receipt and review of the following:
1. Completion of the submitted preliminary Hydrogeological and
Servicing Options Report that demonstrates adequate quality and
quantity of water;
2. Submission of an Environmental Impact Assessment through the
completion of a Natural Heritage Screening Report.
3. Enter into a Development Agreement that is registered on title as
deemed necessary by the Manager of Development Services with
the Township that implements any conditions or requirements that
stem from the findings of the above reports
(#2024-93 - September, 2024)
5.
CT-5 (Part of Lot 26 and 27, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Section 6.3 to the contrary, on
the lands zoned CT-5 the following additional provisions apply:
- The number of trailers or recreational vehicles
permitted within the CT zoned shall not exceed 91;
- The number of accommodation units permitted within
the Tourist Lodging Establishment shall not exceed 8;
- An existing trailer or recreational vehicle that
encroaches within a required yard or setback is
permitted in its current location, but shall not be
expanded, enlarged, or replaced except on an
approved site in compliance with CT-6 zone standards;
- The interior side yard requirement shall be in
accordance with the CT zone standard except the
standard shall be 5m for that portion of the subject
lands described as Part 18 on Plan 28R-5037 adjacent
to the eastern side of the adjacent waterfront residential
property, and 25m from the property line running
between Parts 12 (on the subject lands) and Part 11
(on the adjacent waterfront residential property) on Plan
28R-5037;
- No constructed additions shall be permitted to the
trailers except for those specifically manufactured as an
attachment to a trailer. These permitted attachments
shall comply to all standards of the CT-6 zone. A deck
shall not be considered an addition; and
- Each trailer site shall be permitted one accessory
building not to exceed 9.3m2. (#2009-3 - January,
2009)
6.
CT-6 (Part of Lot 14, Concession 10, North Crosby - Newboro)
72
Notwithstanding the provisions of Section 6.3.1 to the contrary,
on the lands zones CT-6, accessory buildings (i.e. sugar shack
and storage shed) as well as agricultural use shall be additional
permitted uses. (#2016-21 - April, 2016)
7. CT-7 (Part of Lot 15, Concession 10, North Crosby - Newboro)
Notwithstanding the provisions of Section 6.3 to the contrary, on
the lands zoned CT-7, the Tourist Campground use shall be
prohibited. (#2016-21 - April, 2016)
8.
CT-8-h (Part of Lots 27 & 28, Concession 8, Bastard & South
Burgess)
Notwithstanding the provisions of Section 6.3.1 to the contrary, on
the lands zoned CT-8-h, the permitted uses shall be:
- Accessory dwelling
- Accessory dwelling unit
- Agricultural use
- Antique shop
- Bed and breakfast
- Community service
- Golf course
- Marine facility
- Open market
- Park
- Private school
- Restaurant
- Tourist lodging establishment
On the lands zoned CT-8-h, the following definition shall apply to
the Private school use on the land to which this By-law applies:
Private School: an educational establishment as defined in the
Education Act, and includes any facility which has a body of
students and teachers, and which provides primary, elementary,
and secondary or adult education courses of study authorized or
approved by the Minister of Education for the Province of Ontario.
This definition also includes other private schools that provide such
courses of study, and that may also provide other specialized
training or instruction, whether such private schools are operated
for-profit or not-for-profit."
Notwithstanding the provisions of Section 6.3.2 and Section 3.27 to
the contrary, on the lands zoned CT-8-h, the following provisions
73
shall apply:
The existing 223m2 Clubhouse and 55.8m2 Sugar Shack are to
have the following minimum setbacks:
- 5.6m rear yard setback
- 5.6m private right-of-way setback
On the lands zoned CT-8-h, for the purposes of a holding zone, the
development of the property to which this By-law applies shall be
implemented in the following phases:
Phase 1 includes:
- Golf Course
- Marine Facility
- Agricultural Use
Phase 2 includes:
- All other permitted uses
The property, specifically Phase 2, is hereby placed into a holding
designation. The holding designation shall not be lifted prior to:
- A Site Plan Control Agreement between the applicant and the
Township;
-
All property owners, as per the most current roll, within
120m of the subject properties shall be notified of the
preceding Site Plan application and this notification will
occur a minimum of 60 days prior to the review of the
Site Plan application by the Planning Advisory
Committee.
- The completion of any necessary studies to the satisfaction of
the Township.
An application to lift the holding designation shall include the
following additional requirements beyond those noted in the
Planning Act:
- That confirmation be received that all lands subject to CT-8
Zoning have been merged and are not separately conveyable
as per the Planning Act; and
- The notification of all property owners, as per the most current roll,
within 120m of the subject properties for a minimum of 60 days.
(#2018-46 - October, 2018)
74
SECTION 7 - INDUSTRIAL ZONES
7.1
General Industrial (MG) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
kennel
printing establishment
self-storage facility
service outlet
soil management site
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
vehicle storage
veterinary clinic
warehouse
wholesale establishment
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
10m
-
Exterior Side
10m
-
Interior Side
10m
-
Rear
15m
- Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
12m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
75
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary,
the minimum front or exterior side yard for an automobile service
station pump island or canopy shall be 4.5 m.
3.
Minimum Separation Distance for a Kennel
-
From a sensitive land use on another lot or a
Residential zone
300m
4.
Special Exception Zones
1. MG-1 (Part Lot 9, Concession 1, South Crosby)
Notwithstanding the provisions of Section 7.1.1 to the contrary, on the
lands zoned MG-1, only the following uses are permitted: (#2011-22 -
April, 2011)
-
Agricultural products processing facility
-
Wholesale establishment
2. MG-2-h (Part Lots 9 & 10, Concession 3, South Elmsley)
Notwithstanding the provisions of Section 7.1.2 to the contrary, on the
lands zoned MG-2-h, the following provisions will apply: (#2021-25 -
April 2021)
Yards (minimum)
- Front
25m
- Front for bulk storage propane tanks: 90m
For the purposes of the holding zone, the development of the property
to which this By-law applies shall be limited to:
- Fuel Storage Facility
- Transportation Depot
- Warehouse
The Holding Designation shall not be lifted prior to:
- The approval of a Traffic Impact Study by the Ministry of
Transportation
76
7.2
Salvage Yard Industrial (MS) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
salvage yard
2.
Zone Provisions
- Lot Area (minimum)
2ha
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front and Exterior Side
15m
-
Interior Side
15m
-
Rear
15m
- Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
12m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance for a Salvage Yard
- From a sensitive land use on another lot
or a Residential zone
300m
- From a non-sensitive use on another lot
100m
- From a watercourse or water body
300m
4.
Special Exception Zones
(reserved)
77
7.3
Disposal Industrial (MD) Zone
1.
Permitted Uses
portable asphalt plant
soil management site
waste disposal site
waste transfer facility
wayside pit
wayside quarry
2.
Zone Provisions
- Lot Area (minimum)
2ha
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front and Exterior Side
30m
-
Interior Side
30m
-
Rear
30m
- Building Height (maximum)
12m
- Lot Coverage (maximum)
20%
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance for a Waste Disposal Site
- From a sensitive land use on another lot
or a Residential zone
500m
- From a non-sensitive land use on another lot 200 m
- From a watercourse or water body
500m
4.
Special Exception Zones
(reserved)
78
SECTION 8 - INSTITUTIONAL ZONES
8.1
Institutional (I) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
cemetery
child care centre
community service
park
place of assembly
place of worship
recreational establishment
residential facility
school
school, commercial
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
-
Lots designated Settlement Areas
in Official Plan
40m
-
All other lots
60m
- Yards (minimum)
-
Front
- Lots designated Settlement Areas
in Official Plan
6m
- All other lots
10m
-
Exterior Side
6m
-
Interior Side
10m
-
Rear
10m
- Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
12m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
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4.
Special Exception Zones
1.
I-1 (Part of Lot 9, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 8.1.1 to the contrary, on the
lands zoned I-1, an aerodrome shall be an additional permitted use.
Notwithstanding the provisions of Section 8.1.2 to the contrary, on
the lands zoned I-1, the following site specific standards apply:
(#2012-70 - November, 2012)
Yards (minimum)
- Interior & Exterior Side
6m
- Rear
7.5m
2. I-2 (Part of Lot 37, Plan 88, South Crosby)
Notwithstanding the provisions of Section 8.1.1 to the contrary, on the
lands zoned I-2, professional or business office would be a permitted
use. (#2006-65 - June, 2006)
3. I-3 (Part of Lot B, Plan 88, South Crosby)
Notwithstanding the provisions of Section 8.1.2 to the contrary, on
the lands zoned I-3, a minimum interior side yard setback of 4.57m
from the existing place of worship shall be permitted. (#2016-38 -
June, 2016)
Notwithstanding the provisions of Section 8.1.2 to the contrary, on
the lands zoned I-3, minimum interior side yard setbacks of 1.52m
and 3.04m from the existing accessory structure (hall) shall be
permitted.
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SECTION 9 - OPEN SPACE ZONES
9.1
Open Space (OS) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use, excluding buildings
conservation use
marine facility
park
recreational establishment, excluding buildings
2.
Zone Provisions
- Yards (minimum)
15m
- Dwelling Unit Area (minimum)
60m2
- Building Height (maximum)
12m
- Lot Coverage (maximum)
20%
- Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
1.
OS-1 (Part of Lot 17, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Sections 9.1.1 to the contrary, on
the lands zoned OS-1 and measuring approximately 45m in length
and 6m in width, permitted uses shall be restricted to an access
driveway and boat launch ramp as accessory uses to uses permitted
in the CT-6 zone. (#2002-172 - December, 2002)
2.
OS-2 (Part of Lot 17, Concession 2, Bastard & South Burgess)
Notwithstanding the provisions of Sections 9.1.1 to the contrary, on
the lands zoned OS-2 and measuring approximately 45m in depth
from the shore, permitted uses shall be restricted to a conservation
use with buffer planting as detailed on an approved site plan and to
the existing private access road along the northern property boundary.
(#2002-172 - December, 2002)
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3.
OS-3 (Part of Lot 23, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Sections 9.1.1 to the contrary, on
the lands zoned OS-3, the following provisions shall prevail: (#97-
26 - December, 1997)
- Permitted uses shall be restricted to a park, a conservation use
and a marine facility for the exclusive use of lots in the RG-1
zone;
- For each RG-1 lot, 1 boat slip having a maximum length of 6.1
m shall be permitted;
- No asphalt shall be used for the construction or repair of any
boat launch ramps.
4.
OS-4 (Various Rideau Waterway Land Trust lands)
Notwithstanding the provisions of Sections 9.1.1 to the contrary, on
the lands zoned OS-4, the following provision shall prevail:
- Permitted uses shall be restricted to a park, a conservation use
and a marine facility.
5.
OS-5 (Part Lot 26 and 27, Concession 2, Bastard & South
Burgess)
Notwithstanding the provisions of Section 9.1 to the contrary, on
the lands zoned OS-5 the following additional provisions apply:
(#2009-3 - January, 2009)
- Permitted uses shall be restricted to a park and a
conservation use.
6.
OS-6 (Part Lot 15, Concession 10, Bastard & South Burgess)
Notwithstanding the provisions of Section 9.1 to the contrary, on
the lands zoned OS-6 the following uses are permitted: (#2011-53 -
July, 2011)
- conservation use
- park
- marine facility
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7.
OS-7 (Part Lot 3, Concession 4, South Crosby)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-7, only the following uses are permitted:
(#2012-24 - April, 2012)
- conservation use
8.
OS-8 (Part Lot 3, Concession 4, South Crosby)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-8, only the following uses are permitted:
(#2012-25 - April, 2012)
- conservation use
9.
OS-9 (Vacant Land Condominium Elements, Part Lot 9, Concession
6, North Crosby - Newboro)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-9, only the following uses are permitted:
(#2014-58 - September, 2014)
- conservation use
- park
- water, sanitary services and access road
10.
OS-10 (Part Lot 21, Concession 8, South Crosby)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the
lands zoned OS-10, the following permitted uses apply: (#2013-14 -
February, 2013)
- conservation use
- marine facility
Notwithstanding the provisions of Section 3.30.1 to the contrary, on
the lands zoned OS-10, the minimum water frontage shall be 41.1m.
11.
OS-11 (Part Lot 1, Concession 3, South Elmsley)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-11, the following additional use shall be
permitted: (#2015-50 - October, 2015)
- off-Leash Dog Park
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12.
OS-12 (Part Lots 22 and 23, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-12, only the following uses are permitted:
(#2018-15 & #2018-25 - April/May, 2018)
- conservation use
13.
OS-13 (Part of Lot 4, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on
the lands zoned OS-13, Conservation Use shall be the only
permitted use. (#2018-36 - August, 2018)
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SECTION 10 - PARKING LOT ZONES
10.1
Parking Lot (PL) Zone
1.
Permitted Uses
Uses accessory to residential uses located on island lots or waterfront lots
with no road access, and restricted to the following:
- marine facility
- parking of licensed vehicles
- storage of equipment and supplies within a building
2.
Zone Provisions
- Lot Area (minimum)
4050m2
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
7.5m
- Lot Coverage (maximum)
10%
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Special Yard and Water Setback Provisions
Notwithstanding any provisions of this By-law to the contrary, parking
spaces and accessory buildings and structures, excluding marine
facilities, shall be located in accordance with the yard and water
setback provisions of Sections 10.1.2 and 3.30, respectively.
3.
Vegetative Filter Strip Provisions
Notwithstanding Section 3.23, a maximum of 20% or 15m of the
shoreline area, whichever is lesser, shall be occupied by marine
facilities and permitted to have selective removal of vegetation
sufficient to accommodate access. The remainder of the shoreline
area shall be maintained as a vegetative filter strip.
85
4.
Special Exception Zones
1.
PL-1 (Plan 72, Part Lot A and Part Lot B, Village of Newboro)
Notwithstanding the provisions of Section 10.1 to the contrary, on
the lands zoned PL-1, a reduced minimum setback of 2m for all
yards would be permitted. The parking lot shall not exceed a
maximum of three vehicles. (#2006-74 - June, 2006)
2.
PL-2 (Part Lot 7, Concession 6, Ward of North Crosby - Newboro)
Notwithstanding the provisions of Section 10.1 to the contrary, on
the lands zoned PL-2, the construction of a garage for storage of
boats, vehicles and accessories on a waterfront property without
road frontage would be a permitted use. (#2006-102 - August,
2006)
3.
PL-3 (Part Lot 12, Concession 5, Ward of South Crosby)
Notwithstanding the provisions of Section 10.1 to the contrary, on
the lands zoned PL-3, a parking lot be a permitted use. This
Parking Lot Zone shall be limited to a maximum of three vehicles.
(#2008-80 - October, 2008)
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SECTION 11 - RURAL ZONES
11.1
Rural (RU) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
additional residential unit
agricultural use
bed and breakfast
conservation use
duplex dwelling
existing cemetery
kennel
place of worship
portable asphalt plant
semi-detached dwelling
single dwelling
wayside pit
wayside quarry
2.
Zone Provisions
- Lot Area (minimum)
-
Single dwelling, duplex dwelling, semi-detached dwelling 4050m2
- Other permitted uses
1ha
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
- Lots designated Settlement Areas in Official Plan 6m
- All other lots
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
7.5m
- Dwelling Unit Area (minimum)
75m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
-
Area within 60m of a water body
10%
-
All other lots/areas
20%
- Floor Space Index for area within
60m of a water body (maximum)
15%
- Dwellings per Lot (maximum)
1
- Additional Residential Unit (maximum)
2
87
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance of a New or Expanding Livestock
Facility from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
livestock facilities shall comply with the Minimum Distance Separation
II (MDS II), as issued by the Ministry of Agriculture and Food.
4.
Special Exception Zones
1.
RU-1 (Part of Lot 13, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-1, a multiple dwelling shall be an additional
permitted use, and shall be subject to the following provision:
- Dwelling units (maximum)
4 units
2.
RU-2 (Part of Lot 6, Concession 9, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-2, a butcher shop shall be an additional permitted
use.
3.
RU-3 (Part of Lot 10, Concession 3, South Crosby)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-3, a golf driving range shall be an additional
permitted use, and shall be subject to the following provision:
- Parking spaces (minimum) 1 space per tee box plus 1 additional
space
4.
RU-4 (Part Lot 8, Concession 3, South Crosby)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-4, a custom workshop and contractors yard shall
be permitted uses. (#2006-72 - June, 2006)
5.
RU-5 (Part Lot 13 and Part Lot 14, Concession 2, South Elmsley)
(Part Lot 8 and Part Lot 9, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
88
the lands zoned RU-5, a golf course shall be a permitted use. (#2006-
76 and #2006-77 - June, 2006)
6.
RU-6 (Part Lot 23 and 24, Concession 2, RP 28R-6663, Bastard &
South Burgess)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands identified as RU-6, the storage of vehicles and boats shall
be a permitted use. (#2007-81 - October, 2007)
7.
RU-7 (Part Lot 6, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands identified as RU-7, a live steam track and associated uses
shall be permitted uses. (#2008-39 - May 5, 2008)
8.
RU-8 (Part Lot 18, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands identified as RU-8, the construction of a dwelling within
203m of the adjacent barn is precluded and a sugar shack would be a
permitted use. (#2009-90 - November, 2009)
9.
RU-9 (Part of Lot 20, Concession, South Elmsley)
Notwithstanding the provisions of 11.1.2 to the contrary, on the lands
identified as RU-9, a minimum 258m setback shall be required
between any future dwelling and the nearest adjacent livestock facility.
(#2010-24 - March, 2010)
10.
RU-10 (Part of Lot 4, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.2 to the contrary. On the
lands zoned RU-10, a minimum 160m setback shall be required
between any future dwelling and the neighbouring livestock facility north
of the subject lands. (#2010-42 - May, 2010)
11.
RU-11 (Part Lot 18, Concession 9, South Crosby)
Notwithstanding the provisions of Section 3.21 to the contrary, on the
lands identified as RU-11, the required 500m development setback
surrounding a Disposal Industrial Zone (MD) (i.e. landfill) shall be
reduced to 150m. (#2010-60 - June, 2010)
12.
RU-12 (Part of Lot 23, Concession 5, South Elmsley)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-12, Custom Workshop and Tradespersons
89
Establishment shall be considered permitted uses. This Special
Exception Zone shall only encompass the first 60m of the property
from Old Kingston Road and west of private road R9. (#2010-80 -
August, 2010)
13.
RU-13 (Part of Lot 15, Concession 9, North Crosby - Newboro)
Notwithstanding the provisions of Section 3.21 to the contrary, on the
lands zoned RU-13, a minimum 232m setback shall be required
between any future dwelling and the nearest adjacent livestock facility.
The future construction of a dwelling shall occur within the "buildable
envelope" as identified by By-law 2011-4. (#2011-4 - February, 2011)
14.
RU-14(Part Lot 18 and 19, Concession 9, Bastard & South Burgess)
Notwithstanding the provisions of 11.1.2 to the contrary, on the lands
zoned RU-14, the following is permitted: (#2011-31 - May, 2011)
- Lot Frontage (minimum)
34m
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-14, no structure, existing as of May 2011, shall be
used as a livestock facility. (#2011-31 - May, 2011)
15.
RU-15 (Part of Lot 13, Concession 1, South Crosby)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-15, a professional or business office shall be an
additional permitted use. (#2011-33 - May, 2011)
16.
RU-16 (Part of Lot 6, Concession 1, Bastard & South Burgess)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-16, the following use shall be permitted: (#2012-
86 - December, 2012)
- Dry Land Marina
Notwithstanding the provisions of Section 11.2 to the contrary, on the
lands zoned RU-16, the following site specific standards apply:
- Yards (minimum)
- Exterior Side
10m
- Interior Side
10m
- Rear
10m
17.
RU-17 (Part of Lot 7, Concession 8, South Crosby)
90
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-17, the following additional uses shall be permitted:
(#2013-54 - December, 2013)
- contractor's Yard
- transportation Depot
18.
RU-18 (Part of Lot 21, 22, 23 and 24, Concession 7, Bastard & South
Burgess)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-18, the following additional uses shall be permitted:
(#2013-85 - December, 2013)
- agricultural Products Processing Facility
- feed Supply Outlet
- wholesale Establishment
19.
RU-19 (Part Lot 6, Concession 9, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-19, the following additional uses shall be permitted:
(#2015-56 - November, 2015)
- custom Workshop
- personal Service limited to a maximum area of 93m²
20.
RU-20 (Part Lot 3, Concession 3, South Elmsley)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-20, the permitted uses shall be restricted to a Custom
Workshop.
Notwithstanding the provisions of Section 3.18 to the contrary, on the
lands zoned RU-20, two parking spaces in tandem shall be permitted.
(#2016-66 - November, 2016)
21.
RU-21-h (Part Lot 18, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-21-h, the following additional uses shall be permitted:
(#2017-1 - March, 2017)
- winery
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-21-h, the following definition shall apply to the Winery
on the lands to which this By-law applies:
Winery: Shall mean buildings or structures, or parts thereof, secondary
to the agricultural use of a vineyard and/or fruit farm, where wines are
91
produced and include display, processing of fruit, fermentation,
production, bottling, aging and storage of wine and wine related
products for use in on-site tasting areas, retail, administrative facilities,
and indoor events and outdoor events but shall not include an on-site
restaurant. Wine tasting and the offering for sale of locally-grown
product samples is considered part of the Winery activity.
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-21-h, the following provisions shall also be permitted
for the Winery on the lands to which this By-law applies:
i.
The retail sale of wine produced on-site shall be permitted subject
to the following regulations:
a. It shall not conflict with any minimum floor area requirement
for licensing approval by the Province of Ontario;
b. On-site tasting room and retail floor space shall not exceed
the lesser of 75m2 or 25% of the total winery floor area
(excluding any below ground floor area); and
c. The on-site retail floor space for non-agricultural items and
products shall not exceed 5% of the total retail floor space
ii.
As an accessory use to the Winery, a separate area shall be
permitted where food and beverages are offered for consumption
for event purposes by the general public under license from the
Alcohol and Gaming Commission of Ontario, provided that such
use is secondary and accessory to the Winery use.
iii.
Temporary overnight accommodation shall be permitted on site in
an area not to exceed 185.8m2. Such temporary overnight
accommodation shall be intended to support events held on the
property directly related to the production and serving of wines
and related products produced on-site.
iv.
Lands zoned for Winery uses shall be placed in a holding
designation until such time that any required supportive studies
are completed to the satisfaction of the Township and other
commenting agencies.
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-21-h, the development of the Winery on the lands to
which this By-law applies shall be implemented in the following
phases:
Phase 1 includes:
- Establishment of the vineyards on-site for future production and
winery activity
- Obtaining a commercial license for wine production
- Relocating the barn and stone house to the property
- Obtaining any required building permits to erect the two structures
92
- Completing and structural, not interior, renovations on the stone
house and barn
Phase 2 includes:
- Interior renovations to the stone house to accommodate the
winery, tasting and production areas
- Renovating the barn to function as an events facility
- Obtaining the required approvals for the proposed septic system
- Establishing the driveways and parking areas to accommodate
vehicular traffic
- Establishing temporary accommodations on-site with a maximum
area of 185.8m2
The property is hereby placed into a holding designation. The holding
designation requires:
- A supportive Hydrogeological Report and a Servicing Options
Report to be completed if the daily litres of effluent exceed 4500l
in either of the proposed phases;
- The completion of studies, which may include, but are not limited
to, a traffic impact study, a stormwater brief (and if required a
stormwater management report), a grading and drainage plan,
and a noise study prior to the implementation of Phase 2.
Notwithstanding the provisions of section 11.1 to the contrary, on the
lands zoned RU-21-h, existing agricultural use within 30m of the
adjacent Provincially Significant Wetland will be permitted.
22.
RU-22 (Part of Lot 14, Concession 4, South Elmsley)
Notwithstanding the provisions of Section 3.10.1 to the contrary, on
the lands zoned RU-22, no more than 83.6m2of the floor area of the
dwelling unit shall be used for the home-based business.
Notwithstanding the provisions of Section 3.10.6 to the contrary, on
the lands zoned RU-22 where instruction is provided, there shall be
no more than twelve persons, other than the instructor, in
attendance at any one time. (#2017-32 - May, 2017)
23.
RU-23-h (Part of Lot 11 & 12, Concession 2, Bastard & South
Burgess & Lot 9, Part of Lot 8, Part of Lots 10 to 12, Concession 1,
Bastard & South Burgess)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-23-h, the following additional uses shall be
permitted in accordance with the noted phasing: (#2017-40 - June,
2017)
- outdoor motor vehicle demonstration facility
93
- outdoor recreation facility
- Tourist Lodging Establishment (cabins only)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-23-h, the following definition shall apply to the
Outdoor Recreation Facility on the land to which this By-law applies:
Outdoor Recreation Facility: Shall mean buildings, structures, or
premises used for commercially based recreational uses such as
hiking, snowshoeing, skiing and skating, as well as temporary
camping.
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands zoned RU-23-h, the development of the Outdoor Motor Vehicle
Demonstration Facility, Outdoor Recreation Facility, and Tourist
Lodging Establishment (Cabins only) on the land to which this By-law
applies shall be implemented in the following phases:
Phase 1 includes:
- outdoor motor vehicle demonstration facility
- outdoor recreation facility (no temporary camping)
Phase 2 includes:
- tourist lodging establishment (cabins only)
- temporary camping permitted by the outdoor recreation facility
The property is hereby placed into a holding designation. The holding
designation requires:
- The completion of studies, which may include, but are not limited
to, a servicing study, a natural heritage study, and an emergency
management plan, prior to the implementation of Phase 2.
24.
RU-24 (Part of Lot 7, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-24, a duplex dwelling shall be an additional
permitted use. (#2018-50 - November, 2018)
25.
RU-25-h (Part of Lots 2 and 3, Concession 3, South Crosby)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-25-h, the permitted uses shall be:
- accessory dwelling
- accessory dwelling unit
- agricultural use
- bed and breakfast
94
- community service
- conservation use
- custom workshop
- existing cemetery
- kennel
- marine facility
- place of worship
- portable asphalt plant
- private park
- private school
- restaurant
- retail store
- single dwelling
- tourist campground
- tourist lodging establishment
- wayside pit
- wayside quarry
On the lands zoned RU-25-h, the following definition shall apply to the
Private school use on the land to which this By-law applies:
Private School: an educational establishment as defined in the
Education Act, and includes any facility which has a body of students
and teachers, and which provides primary, elementary, and secondary
or adult education courses of study authorized or approved by the
Minister of Education for the Province of Ontario. This definition also
includes other private schools that provide such courses of study, and
that may also provide other specialized training or instruction, whether
such private schools are operated for-profit or not-for-profit.
On the lands zoned RU-25-h, for the purposes of a holding zone, the
development of the property to which this By-law applies shall be
implemented in the following phases:
Phase 1 includes:
- accessory dwelling
- accessory dwelling unit
- agricultural use
- bed and breakfast
- community service
- conservation use
- custom workshop
- existing cemetery
- kennel
- marine facility
- place of worship
95
- portable asphalt plant
- private school
- single dwelling
- tourist lodging establishment - limited to 4 Cabins and accessory
uses which may include accommodation for staff, kitchen facilities,
dining areas, meeting rooms and other similar uses
- tourist campground - limited to 16 tents*
- wayside pit
- wayside quarry
* At no point shall Phase 1 of the proposed development exceed 16
tents within the Tourist Campground use and 4 cabins within the
Tourist Lodging Establishment use, however these uses shall be
considered interchangeable as either 4 cabins are permitted or 16
tents. A combination approach is also permitted at a ratio of 1 cabin to
4 tents.
Phase 2 includes the following additional uses:
- private park
- restaurant
- retail store
- tourist lodging establishment - seasonal camp and removal of
the limit on the number of cabins
The property, specifically Phase 2, is hereby placed into a holding
designation. The holding designation shall not be lifted prior to:
- The completion of any necessary studies/plans to the satisfaction
of the Township, which may include, but is not limited to, a
hydrogeological and terrain analysis, an Environmental Impact
Study, and an emergency management plan. (#2019-18 & 2019-
28 - April, 2019 & 2021-18 - March, 2021)
26.
RU-26 (Part of Lots 20, 21 & 22, Concession 7, Bastard & South
Burgess)
Notwithstanding the provision of Section 11.1 to the contrary, on
lands zoned RU-26 the following additional uses shall be permitted
(#2022-27 - July 2020):
- agricultural products processing facility
- feed supply outlet
- wholesale establishment
96
27.
RU-27-T (Part Lot 16, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 11.1 to the contrary, on the
lands identified as RU-27-T, the following use shall be permitted on a
temporary basis of up to 20 years commencing at the date of the
passing of this By-law (#2021-15 & 2021-16 - March 2021):
-
garden suite
28.
RU-28 (Part Lot 7, Concession 3, South Elmsley)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-28, a multiple dwelling (triplex) shall be an
additional permitted use.
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-28, the following site specific standard applies
(#2021-34 - June, 2021):
- Dwelling Unit Area (minimum) 38m2
29.
RU-29 (Part Lot 7, Concession 5, South Elmsley)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-29, the permitted uses shall be restricted to the
following:
- agricultural use
- conservation use
- single dwelling
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-29, the following provisions such apply (#2021-
59 - October 2021):
- Dwellings per Lot (maximum): 2
30.
RU-30 (Part Lot 8, Concession 3, South Crosby)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-30, a duplex dwelling shall be an additional
permitted use. (#2021-73 - Dec, 2021)
31.
RU-31-T (Part Lot 23, Concession 1, South Crosby)
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-31-T, the following use shall be permitted on a
temporary basis of up to 20 years commencing at the date of the
97
passing of this By-Law (#2022-71 - November 2022):
-
garden suite
32.
RU-32 (Part Lot 4, Concession 5, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-32, a multiple dwelling (fourplex) shall be an
additional permitted use.
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-32, the following provisions such apply (#2022-82
- December 2022):
-
Dwelling Units per Lot (maximum): 4
33.
RU-33 (Part Lot 15, Concession 7, North Crosby - Newboro)
Notwithstanding the provisions of Section 3.18 to the contrary, on the
lands zoned RU-33, the required 500m sensitive land use setback
surrounding a Disposal Industrial Zone (MD) shall be reduced to
233m.
Notwithstanding the provisions of Section 11.1.1 and 3.15 to the
contrary, on the lands zoned RU-33, an Off-Leash Dog Park shall be
an additional permitted use, and shall be subject to the following
provision:
-
Parking spaces (minimum) 1 per 200m2 of fenced in area
per Off-Leash Dog Park
Off-Leash Dog Park shall be defined as a designated park that is fully
fenced where dogs can be leash free and where no other use within
the park shall be permitted.
Notwithstanding the provisions of Section 11.1.3.3 and 3.15 to the
contrary, on the lands zoned RU-33, the required 300m residential
use setback to a kennel shall be reduced to 240m, and shall be
subject to the following provision (#2023-37 - July 2023):
-
Parking spaces (minimum) 1 space per 25m2 of floor area
per Kennel
34. RU-34 (Part Lot 8, Concession 5, South Elmsley)
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-34, the following provisions shall apply (#2023-
38 - July 2023):
98
-
Lot Frontage (minimum): 45m
-
Front Yard (minimum): 45m
35.
RU-35 (Part of Lot 12, Concession 7 and Part of Lots 12-13,
Concession 8, North Crosby - Newboro)
Notwithstanding the provisions of Section 11.1.3 and 3.21 to the
contrary, on the lands zoned RU-35, the required 500m sensitive land
use setback to the licensed quarry at Concession 7 Part of Lots 11-
13, North Crosby - Newboro shall not apply (#2023-47 - September
2023).
36.
RU-36 (Part Lot 6, Concession 5, North Crosby-Newboro)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on
the lands zoned RU-43, a multiple dwelling (six-plex) shall be an
additional permitted use.
Notwithstanding the provisions of Section 11.1.2 to the contrary, on
the lands zoned RU-43, the following provisions such apply: (#2024-
36 - May 2024)
-
Dwelling Units per Lot (maximum): 6
37.
RU-37 (Part Lot 9, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 3.22.1 to the contrary, on
the lands zoned RU-37, a 28.4m setback from a Natural Heritage A
designation at Concession 2 Part Lot 9 RP 28R5724;PART 1 shall
apply for all buildings, structures, and sewage disposal system.
(#2024-41 - May 2024)
38.
RU-38 (Part Lot 9, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 3.22.1 to the contrary, on
the lands zoned RU-38, a 20.4m setback from a Natural Heritage A
designation at Concession 2 Part Lot 9 RP 28R5724;PART 2 shall
apply for all buildings, structures, and sewage disposal system.
(#2024-43 - May 2024)
39.
RU-39 (Part Lot 9, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 3.22.1 and 3.30.2 to the
contrary, on the lands zoned RU-39, a 20.4m setback from a Natural
Heritage A designation and a 15m water setback at Concession 2
Part Lot 9 RP 28R5724;PART 3 shall apply for all buildings,
structures, and sewage disposal system. (#2024-45 - May 2024)
40.
RU-40 (Part Lot 9, Concession 2, South Elmsley)
99
Notwithstanding the provisions of Section 3.22.1 and 3.30.2 to the
contrary, on the lands zoned RU-40, a 25.5m setback from a
Natural Heritage A designation and a 15m water setback at
Concession 2 Part Lot 9 RP 28R5724;PARTS 4,5,6 shall apply for
all buildings, structures, and sewage disposal system. (#2024-47 -
May 2024)
41.
RU-41 (Part Lot 26, Concession 1, South Elmsley)
Rural Special Exception (RU-41) to permit a single dwelling on a
property without sufficient frontage on an improved street (publicly
maintained road) to provide driveway access which is required as
per Section 3.7 of the Zoning By-law. This application stems from a
condition of draft approval of consent application B-101-23.
(#2024-49 - June 2024)
42.
RU-42 (Part Lots 18 to 21, Concession 7, Bastard & South Burgess)
Notwithstanding the provisions of Section 11.1.2 and 3.2.1 to the
contrary, on the lands zoned RU-42, the following provisions shall
apply:
-
Dwellings per Lot (maximum): 2
-
Height of Dwelling (maximum): 13m
-
No Additional Residential Units shall be permitted
(#2024-91 - October 2024)
43.
RU-43 (Part Lot 24, Concession 3, Bastard & South Burgess)
Notwithstanding the provisions of Section 11.1.2 and 3.1 to the
contrary, on the lands zoned RU-43, to permit a reduced interior side
yard setback for the existing 15,000sqft storage building.
(#2025-11 - February 2025)
44.
RU-45 (Part Lot 14, Concession 10, North Crosby-Newboro)
Rural (RU) to Rural Special Exception (RU-45) to set a site-specific
front yard setback of 30m to align with the Minimum Distance
Separation for a nearby livestock facility.
(#2025-37 - March 2025)
45.
RU-46 (Part Lot 1, Concession 10, North Crosby-Newboro)
Rural (RU) to Rural Special Exception (RU-46) to permit a 51m of
lot frontage of the property.
(#2025-62 - May 2025)
100
46.
RU-47 (Part Lot 19, Concession 3, North Crosby-Newboro)
- to reflect the deficient frontage of 56m for the severed lands where
a minimum of 60m is required.
(#2025-90 - July 2025)
47.
RU-48 (Part Lot 19, Concession 3, North Crosby-Newboro)
- to reflect the deficient frontage of 20m for the retained lands where
a minimum of 60m is required, and also restricts future
development in this area. The area to be rezoned RU-48 is to be
the portion of the retained lands in consent application B-149-23
within 180m of the centreline of Little Crosby Lake Road.
(#2025-90 - July 2025)
48.
RU-49 (Part Lot 13, Concession 6, Bastard & South Burgess)
- to permit a lot to be less than the minimum 4050sqm (1 acre) size
in the Rural zone at a size of 3700sqm (0.93 acres).
(#2025-92 - September 2025)
101
SECTION 12 - AGRICULTURE ZONES
12.1
Agriculture (A) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural related use
agricultural use
bed and breakfast
conservation use
portable asphalt plant
single dwelling
wayside pit
wayside quarry
2.
Zone Provisions
- Lot Area (minimum)
40ha
- Lot Frontage (minimum)
60m
- Yards (minimum)
-
Front
10m
-
Exterior Side
6m
-
Interior Side
6m
-
Rear
10m
- Dwelling Unit Area (minimum)
75m2
- Building Height (maximum)
10m
- Lot Coverage (maximum)
20%
- Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Requirements for Residential Lots Created by Consent
Notwithstanding the zone provisions of Section 12.1.2 to the contrary,
where a lot is severed for residential purposes, such lot may be used
for a single dwelling in accordance with the zone provisions of Section
5.1.2 and the retained lot shall be exempt from the lot area provision
of Section 12.1.2.
102
3.
Minimum Separation Distance for a New or Expanding Livestock
Facility from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
livestock facilities shall comply with the Minimum Distance Separation
II (MDS II), as issued by the Ministry of Agriculture and Food.
4.
Special Exception Zones
1. A-1 (Part Lot 1 and 2, Concession 1, South Elmsley)
Notwithstanding the provisions of Section 12.1.1 to the contrary, on
the lands identified as A-1, the construction of a new residential
dwelling is prohibited. This zoning shall apply to the enlarged lot
created by Consent Application B-161-08. (#2009-46 - June, 2009)
2. A-2 (Part Lot 1, Concession 2, South Elmsley)
Notwithstanding the provisions of Section 12.1.1 to the contrary, on
the lands identified as A-2, the construction of a new residential
dwelling is prohibited. This zoning shall apply to the retained lands
associated to Consent Application B-30-20. (#2021-10 - February,
2021)
3. A-3 (Bastard Concession 2 Part Lot 25, Bastard & South Burgess)
Notwithstanding the provisions of Section 12.1.1 to the contrary, on
the lands identified as A-3, the construction of a new residential
dwelling is prohibited. This zoning shall apply to the retained lands
associated to Consent Application B-141-21. (#2022-26 - April, 2022)
4. A-4 (Part Lot 15, Concession 3, South Crosby)
Notwithstanding the provisions of Section 12.1.1 to the contrary, on
the lands identified as A-4, the construction of a new residential
dwelling is prohibited. This zoning shall apply to the retained lands
associated to Consent Application B-84-23. (#2024-51 - June, 2024)
103
SECTION 13 - MINERAL RESOURCE ZONES
13.1
Mineral Aggregate Extraction (EX) Zone
1.
Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
portable asphalt plant
quarry
soil management site
wayside pit
wayside quarry
2.
Zone Provisions
- Yards (minimum)
-
Front
30m
-
Exterior Side
15m
-
Interior Side
15m
-
Rear
15m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance From a Dwelling on Another Lot
- Pits
300m
- Quarry, asphalt plant or concrete plant
500m
4.
Special Exception Zones
EX-1-h (Part Lot 13 and 14, Concession 6, South Crosby)
Notwithstanding the provisions of Section 13.1.3.2 to the contrary,
on the lands zoned EX-1-h, the following provision shall apply:
- The minimum separation distance from a sensitive land use to a
sand pit shall be 50m.
104
The lands that are zoned EX-1-h are hereby placed into a holding
designation. The holding designation shall not be lifted prior to:
- The completion of any necessary studies/plans to the
satisfaction of the Township, which may include, but are not
limited to, a Land Use Compatibility Study.
105
SECTION 14 - NATURAL HERITAGE ZONES
14.1
Environmental Protection (EP-A) Zone
1.
Permitted Uses
conservation use, excluding buildings
existing agricultural use
2.
Zone Provisions
All Yards (minimum)
15m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Special Provisions
No building or structure shall be erected, altered or used.
4.
Special Exception Zones
(reserved)
106
14.2
Environmental Protection (EP-B) Zone
1.
Permitted Uses
conservation use
existing use
public park
2.
Zone Provisions
All Yards (minimum)
15m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Special Provisions
No building or structure shall be erected, altered or used except in
accordance with the recommendations of an Environmental Impact
Study undertaken to the satisfaction of the Township.
4.
Special Exception Zones
1.
EP-B-1 (Part of Lots 1 & 2, Concessions 6 & 7, South Crosby)
Notwithstanding the provisions of Section 14.2.1 to the contrary, on
the lands zoned EP-B-1, a seasonal camp shall be an additional
permitted use. (#2003-112 - September, 2003)
2.
EP-B-2 (Part Lot 24, Concession 5, South Elmsley)
Notwithstanding the provisions of Section 14.2.1 to the contrary, on
the lands zoned EP-B-2, an accessory building shall be a permitted
use. (#2008-74 - October, 2008)
3.
EP-B-3 (Otter-Hutton Creek Area, South Elmsley)
Notwithstanding the provisions of Section 14.2.3 to the contrary, on
the lands zoned EP-B-3, the following provisions shall also apply:
(#2017-54 - September, 2017)
- No fill shall be placed except with the written approval of the
relevant Conservation Authority.
- No building or structure shall be erected, altered or used except
with the written approval of the relevant Conservation Authority.
- Where permission under Section 45 of the Planning Act is gained
107
for legal non-conforming structures/buildings the zoning provisions
of an applicable zone shall apply. For waterfront properties used
for residential purposes the Waterfront Residential (RW) zone
shall apply. For non-waterfront properties used for purposes as
permitted in the Rural (RU) zone, the RU zone provisions shall
apply. For commercial/institutional/industrial uses the applicable
commercial/institutional/industrial zoning shall apply. (#2016-36 -
July, 2016)
4.
EP-B-4 (Part Lot 1, Concession 10, North Crosby-Newboro)
Notwithstanding the provisions of Section 14.2 to the contrary, on
the lands zoned EP-B-4, only the following uses are permitted:
- single detached dwelling
- accessory buildings and structures;
Notwithstanding the provisions of Section 14.2 to the contrary, on
the lands zoned EP-B-4, development of a single detached dwelling
shall be subject to the following performance standards:
- Yards (minimum)
o
Front 10m
o
Exterior Side 6m
o
Interior Side 6m
o
Rear 7.5m
- Dwelling Unit Area (minimum) 75m2
- Building Height (maximum) 10m
- Lot Coverage (maximum) 20%
- Dwellings per Lot (maximum) 1
108
14.3
Environmental Protection (EP-C) Zone
1.
Permitted Uses
conservation use
existing agricultural use
2.
Zone Provisions
All Yards (minimum)
15m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Special Provisions
No building or structure shall be erected, altered or used except in
accordance with the recommendations of an Environmental Impact
Study undertaken to the satisfaction of the Township.
4.
Special Exception Zones
(reserved)
109
SECTION 15 - NATURAL HAZARD ZONES
15.1
Flood Plain (FP) Zone
1.
Permitted Uses
agricultural use, excluding buildings
conservation use
marine facility
park, excluding buildings
recreational establishment, excluding buildings
2.
Zone Provisions
1.
No fill shall be placed except with the written approval of the relevant
Conservation Authority.
2.
No building or structure shall be erected, altered or used except with
the written approval of the relevant Conservation Authority.
3.
Where permission under Section 45 of the Planning Act is gained for
legal non-conforming structures/buildings the zoning provisions of an
applicable zone shall apply. For waterfront properties used for
residential purposes the Waterfront Residential (RW) zone shall apply.
For non-waterfront properties used for purposes as permitted in the
Rural (RU) zone, the RU zone provisions shall apply. For
commercial/institutional/industrial
uses
the
applicable
commercial/institutional/industrial zoning shall apply.
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Special Exception Zones
(reserved)
110
SECTION 16 - APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first reading on September 5, 2023
This By-law given its second reading on September 5, 2023
This By-law given its third and final reading and passed under the Corporate Seal on
September 5, 2023
CORPORATE SEAL OF TOWNSHIP
(original signed by)
Arie Hoogenboom, Mayor
(original signed by)
Mary Ellen Truelove, Clerk