Comprehensive Zoning By-law No. 56-14

Ryerson, Ontario · No. 56-14 · summary & facts

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TOWNSHIP OF RYERSON COMPREHENSIVE ZONING BY-LAW By-law No. 56-14 PLANSCAPE Building Community Through Planning Bracebridge, Ontario October 21, 2014 TOWNSHIP OF RYERSON ZONING BY-LAW 56-14 October 21, 2014 TABLE OF CONTENTS Section 1 - INTERPRETATION AND ADMINISTRATION.......................................................... 1 Section 2 - DEFINITIONS .......................................................................................................... 6 Section 3 - GENERAL PROVISIONS ...................................................................................... 20 3.1 Accessory Buildings, Structures and Uses ................................................................. 20 3.2 Building Permit Issued ................................................................................................ 23 3.3 Established Building Line ........................................................................................... 23 3.4 Existing Buildings, Structures and Uses ..................................................................... 24 3.5 Existing Lots ............................................................................................................... 25 3.6 Floor Area Less Than Required: ................................................................................ 25 3.7 Frontage on a Public Road ......................................................................................... 25 3.8 Group Home .............................................................................................................. 26 3.9 Height Exceptions ...................................................................................................... 27 3.10 Home Occupation: ..................................................................................................... 27 3.11 Home Industry: ........................................................................................................... 28 3.12 Landscaping and Buffers ............................................................................................ 28 3.13 Loading Space Regulations: ....................................................................................... 29 3.14 Mobile Home .............................................................................................................. 30 3.15 Multiple Uses on One Lot ........................................................................................... 30 3.16 Multiple Zones on One Lot ......................................................................................... 30 3.17 Number of Dwellings per Lot ...................................................................................... 30 3.18 Outdoor Storage ......................................................................................................... 30 3.19 Parking Area Regulations ........................................................................................... 31 3.20 Pits and Quarries and Peat Harvesting ...................................................................... 33 3.21 Public Uses ................................................................................................................ 33 3.22 Reduction of Requirements ........................................................................................ 34 3.23 Restriction on Dwelling Unit in Non-Residential Buildings .......................................... 34 3.24 Signs .......................................................................................................................... 35 3.25 Special Provision for Through Lots ............................................................................. 35 3.26 Special Setback Requirements .................................................................................. 35 3.27 Temporary Construction Use: ..................................................................................... 36 3.28 Temporary Housing .................................................................................................... 36 3.29 Trailer or Mobile Home Parks ..................................................................................... 36 3.30 Trailers and Campers ................................................................................................. 37 3.30 Truck, Bus, Coach Bodies and Derelict Vehicles: ....................................................... 37 3.31 Unimproved Road Allowances ................................................................................... 38 3.32 Waterfront Landing ..................................................................................................... 38 3.33 Wayside Pits and Quarries and Portable Processing Plants ....................................... 38 3.34 Zoning of Islands ........................................................................................................ 39 Section 4 - Zone Provisions and Exceptions to Zones......................................................... 40 4.1 Zone Provisions ......................................................................................................... 40 4.2 Provisions for Limited Services Residential (LR) Zone and Rural (Ru) Zone with no year round maintained public road access ........................... 45 4.3 Environmental Protection Zone Special requirements ................................................ 46 4.4 Floodplain provisions:................................................................................................. 46 4.5 Exceptions to Zones ................................................................................................... 50 Section 5 - ENACTMENT ........................................................................................................ 54 5.1 Date of By-law Approval ............................................................................................. 54 TABLES Table 1 Loading Space Requirement Table ................................................................. 29 Table 2 Parking Requirements .................................................................................... 32 Table 3 Barrier-Free Parking requirements .................................................................. 33 Table 4 Permitted Uses .............................................................................................. 42 Table 5 Lot Regulations ............................................................................................... 45 Table 6 100 Year Flood Levels .................................................................................... 49 Table 7 Floodproofing Elevations for Lower Spring Hill Rd .......................................... 50 Table 8 Exceptions to Zones ....................................................................................... 51 TOWNSHIP OF RYERSON ZONING BY-LAW 56-14 October 21, 2014 Section 1 - INTERPRETATION AND ADMINISTRATION 1.1 Title: This By-law shall be known as the "Township of Ryerson Zoning By-law". 1.2 Lands Affected by this By-law: This by-law applies to all lands within the Township. 1.3 Validity: Should any section or provision of this By-law for any reason be declared invalid by a court of competent jurisdiction, such declaration does not affect the validity of the By-law as a whole and all the remaining sections or provisions of this By-law remain in full force and effect until repealed. 1.4 Effective Date: This By-law shall come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, as amended. 1.5 Appeals: Where one or more appeals are filed under subsection 34(19) of the Planning Act, the affected portions of this By-law do not come into force until all such appeals have been withdrawn or finally disposed of, whereupon the By-law, except for those parts of it that are replaced by or at the direction of the Ontario Municipal Board, is deemed to have come into force on the day that it was passed. 1.6 Repeal of Existing By-laws: General Standards By-law 6-91 and all amendments thereto are repealed upon the coming into force of this by-law with the exception of By-law 31-13, which is currently under appeal at the Ontario Municipal Board. Should By-law 31-13 be approved by the Ontario Municipal Board, the By-law will be considered as an amendment to this By-law, and the necessary modifications shall be made to this by-law to incorporate the applicable provisions of By-law 31-13. 1.7 Interpretation of Words: For the purposes of this By-law: i) words used in the present tense include the future; ii) words in singular form include plural, and words in the plural form include the singular; iii) the word "shall" is mandatory; iv) the words "used " and "occupied" also mean "designed to be used" and "designed to be occupied"; and v) the words indicated in Italic are defined in Section 2, "Definitions". TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 2 1.8 Interpretation: i) Where a situation arises that is not covered by a specific regulation, or where two or more regulations are equally applicable, all provisions must be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions must be complied with. ii) The provisions of this By-law are the minimum requirements except where the word "maximum" is used, in which case the maximum requirement applies. iii) Unless otherwise defined in Section 2, the words and phrases used in this By- law have their normal and ordinary meaning. iv) Tables are part of the By-law and are used throughout to present regulations in a concise format. v) All measurements in this By-law appear in metric. Imperial measurements are shown for convenience only. 1.9 Boundary Interpretation: Where any uncertainty exists as to the location of any boundary of any zone, the following applies: i) where the boundary is shown as following a Street, lane, right-of-way, watercourse, or electrical transmission line, the zone boundary is the centre line of such; ii) where the boundary is shown as substantially following the lot line on a registered plan of subdivision or a reference plan, the zone boundary is the lot line; iii) where the boundary is shown as substantially following the high water mark of a watercourse, the zone boundary is the high water mark; iv) the precise location of the boundary of the Flood Plain (FP) zone shall be determined by a surveyor, and shall be based on the elevations noted in Section 4.4.3 of this by-law; v) the precise location of the boundary of the Environmental Protection (EP) zone may be determined by a surveyor or qualified environmental consultant, to the satisfaction of the Township; or, vi) where uncertainty exists as to the boundary of any zone then the boundary of such zone shall be determined in accordance with the scale on the applicable Schedule at the original size. 1.10 Conformity and Compliance with Zoning By-law: No land, building or structure may be used, erected or altered except in accordance with the provisions of this By- law. 1.11 Other Requirements: Nothing in this Bylaw shall serve to relieve any person from any obligation to comply with the requirements of any other by-law of the Township or any requirement of the TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 3 Province of Ontario or Government of Canada that may affect the use of lands, buildings or structure in the Township. 1.12 Zones: For the purposes of this By-law, the following zones are established and they may be referred to by the name or by the symbol set opposite the name of the zone below: WR - Waterfront Residential LR - Limited Services Residential RU - Rural CG - General Commercial CT - Tourist Commercial IG - General Industrial IE - Extractive Industrial IN - Institutional OS - Open Space EP - Environmental Protection PSW Provincially Significant Wetland FP - Magnetawan River Floodplain 1.13 Zone Schedules: The zones and zone boundaries are shown on Schedules A1 and A2; B1 - B3; C1 - C5; D1 - D5; E1 - E6; F1 - F6; G1 - G6; H1 - H4; I1 - I3, to this By-law. 1.14 Zoning of Water: All permanent bodies of water are zoned Open Space (OS). 1.15 Special Zones: A zone symbol followed by a number (for example, "RU-2"), denotes a special zone. The permitted uses and zone provisions for such special zone shall be set out in Section 4.5 of this By-law. 1.16 Holding Zones: Where a zone symbol is followed by the letter "H" (for example, WR-H), the land shall only be used for existing uses, the minor expansion of those uses, or open space or outdoor recreation uses which do not require the erection of a building or structure or the placement or removal of fill. 1.16.1 Council may pass a By-law pursuant to Section 36 of the Planning Act to remove the Holding (H) Symbol thereby placing the lands in the zone indicated by the zone symbol, when all of the applicable requirements have been met. 1.16.2 For properties which may be susceptible to flooding and/or a high water table, the requirements for removing the Holding (H) Symbol shall include demonstration, to the satisfaction of Council, that: i) the vegetation type and cover indicate that the property is not seasonally or permanently covered by shallow water nor does it have a water table close to or at the surface; TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 4 ii) the elevation of the development site varies significantly from the surrounding property; iii) the soil is stable; iv) the nature and scale of the proposed development will not have a negative impact on existing drainage patterns, nor on fish and wildlife that may be present. v) the proposed building location and driveway access are located above the identified flood elevation in Section 4.4.3, and any development floodproofed as required. 1.16.3 For properties which may be susceptible to flooding and/or other environmental constraints, the requirements for removing the Holding (H) Symbol may also include reports prepared by specialists qualified in the field to provide evidence to support the development in the areas of: i) Geotechnical investigation; ii) Site evaluation; iii) Environmental assessment; iv) Natural heritage evaluation; v) Flood proofing; and/or vi) Other mitigative measures, as appropriate. 1.17 Enforcement: Any person convicted of a violation of this By-law is liable, at the discretion of the convicting Justice, on first conviction to a fine of not more than $25,000 and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. 1.18 Level of Municipal Services: This By-law does not imply the provision or availability of a specific level of municipal services on individual lots in the Township. Lots that do not abut year round publicly maintained roads may not have the same level of municipal services as do lots fronting on other public roads. 1.19 Technical Revisions to the Zoning By-law Revisions may be made to this By-law without the need for a zoning by-law amendment in the following cases: i) Correction of grammar or typographical errors or revisions to format in a manner that does not change the intent of a provision. ii) 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. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 5 iii) Changes to appendices, footnotes, headings, indices, marginal notes, table 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. iv) Minor adjustments to the boundary of the Environmental Protection Zone on a property may be made, without amendment to the Zoning By-law, where the Chief Building Official for the Township of Ryerson is satisfied that the mapping of the Environmental Protection Zone on a schedule is in obvious error. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 6 Section 2 - DEFINITIONS 2.1 Accessory: A use, building or structure that is commonly incidental, subordinate and exclusively devoted to the permitted principal use, building or structure, and located on the same lot. 2.2 Agricultural Use: The growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry, maple syrup production; and associated on-farm buildings and structures, including accommodation for full- time farm labour when the size and nature of the operation requires additional employment. Agricultural uses include value retention activities required to make a commodity salable (i.e. Corn dryer, washing, sorting, packing, and packaging). For the purposes of this by-law, accommodation for full time farm labour does not constitute a separate dwelling unit. 2.3 Alter: a) With respect to a building or structure any alteration in a bearing wall, or partition column, beam, girder, or other supporting member of a building or structure, or any change in the area or cubic contents of a building or structure. b) With respect to a lot, to change frontage, depth, or area of the lot or to change frontage, depth, or area of any required yard, setback, landscaped 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. 2.4 Bed and Breakfast Establishment: A detached dwelling which is owner occupied and in which not more than three bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in which the owner supplies lodging with or without meals. 2.5 Boathouse: A detached accessory building used for the berthing, sheltering or storing of boats and related equipment, built, founded or anchored near or at the high water mark of a navigable waterway or on land, but does not include living quarters for human habitation. 2.6 Boat Port: A detached accessory building used for the berthing, sheltering or storing of boats and related equipment that is roofed, but not enclosed by more than one wall and is built, founded or anchored near or at the high water mark of a navigable waterway or on land. 2.7 Building: Any structure used for the shelter or accommodation or enclosure of persons, animals, chattels or equipment, having a roof which is supported by columns or walls and including any tent, awnings or carports. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 7 2.8 Building Supply and Lumber Outlet: Premises in which building or construction and home improvement materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home improvements. 2.9 Bulk Fuel Depot: Premises for the storage and/or distribution of fuels and oils but not including retail sales or key lock operations. 2.10 Camping Establishment: A tourist establishment consisting of camping sites and comprising land used or maintained as grounds for the camping or temporary parking of trailers, truck campers, campers or tents, but does not include parks or camping grounds maintained by any department of the Government of Ontario or Canada, or any Crown corporation, commission or board. 2.11 Camping Site: That part of a camping establishment which is occupied on a temporary basis only, by a trailer, motorized home, truck camper, camper or tent, which shall have a minimum area of 75 square meters (800 square feet) and a minimum frontage on a private driveway of 6 metres (19.7 feet). 2.12 Cartage, Transport or Bus Depot: Premises where trucks, tractor trailers and/or buses are rented, leased, kept for hire, stored, or parked, for remuneration, of from which trucks, tractor trailers or buses are dispatched for hire as common carriers. 2.13 Cemetery: The land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. 2.14 Commercial Nursery or Greenhouse: Premises used for the growing of flowers, fruits, vegetables, plants, shrubs, trees and/or similar vegetation which is sold directly from the lot at retail. 2.15 Commercial Self-Storage Facility: Premises used for the temporary storage of household items and seasonal, recreational or commercial vehicles, boats and trailers in storage areas or lockers that are generally accessible by means of individual loading doors. 2.16 Communications Tower: A structure situated on a non-residential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications. 2.17 Community Centre: Premises used for community activities, the control of which is vested in the Township or other Public Authority. 2.18 Conservation Use: The preservation, protection and improvement of components of the natural environment, through a comprehensive management and maintenance program. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 8 2.19 Contractor's Establishment: Premises where equipment and materials used by a general contractor are stored or where a contractor performs shop assembly work. 2.20 Convenience Store: A retail commercial establishment supplying groceries and other daily household conveniences to the immediate surrounding area. 2.21 Day Care Centre: Premises that receive more than five (5) persons, primarily for the purpose of providing temporary care, but does not include a school, group home or nursing home. 2.22 Day Care, Private Home: Premises for the temporary care for reward or compensation of 5 children or less who are under 12 years of age where such care is provided in a dwelling, other than the home of a parent or guardian of any such child, for a continuous period not exceeding 24 hours. 2.23 Deck: An unenclosed structure that is accessory to a residential use and used as an outdoor living area, with a foundation holding it erect, and, where attached to a building, with a floor which is above finished grade; a deck shall not include a landing or a stair, and may be attached or detached from a building. 2.24 Designated Barrier Free Parking Space: A parking space identified with appropriate signage and markings for the exclusive use of persons in possession of valid accessible parking permits. 2.25 Dock: An accessory structure built at the high water mark or anchored over water at which watercraft are berthed or stored and which may provide a foundation for a boathouse or boat port or contain a non-permanent tent to provide shelter for such watercraft. 2.26 Dwelling: A building or part of a building occupied or capable of being occupied, in whole or in part as the home, residence or sleeping place of one or more persons either continuously, permanently, temporarily or transiently but shall not include a trailer, or truck camper. 2.27 Dwelling, Duplex: The whole of a building that is divided horizontally into two separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule. 2.28 Dwelling, Secondary: A detached or attached accessory dwelling unit permitted in conjunction with a single detached dwelling. 2.29 Dwelling, Semi-Detached: The whole of a building divided vertically into two separate dwelling units, each of which has an independent entrance directly from the outside. 2.30 Dwelling, Single Detached: A detached building containing one dwelling unit only. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 9 2.31 Dwelling Unit: A room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for the exclusive use of the resident(s), with a private entrance from outside the building or from a common hallway or stairway. 2.32 Equestrian Facility: An area of land or buildings which are used for horse training, handling, care or lodging. 2.33 Erect: To Set up, build, construct, reconstruct or relocate, and, without limiting the generality of the work, also includes: - any preliminary physical operation, such as excavating, filling or drainage; - altering any existing building or structure by an addition, enlargement, extension, relocation or other structural change; - any work for the doing of which a Building Permit is required under The Building Code Act and Regulations; and, - erect, erected, and erection shall have a corresponding meaning. 2.34 Existing: A use, building or structure legally in existence on the date of the passing of this By-law. 2.35 Farm Produce Sales Outlet: A use accessory to a farm that consists of the retail sale of agricultural products produced on the farm where such outlet is located. 2.36 Finished Grade: The average elevation of the finished surface of the ground at ground level on any one side of a building or structure. 2.37 Floor Area: The total habitable floor area of all floors contained within the outside walls of a building excluding, in the case of a dwelling, the floor area of a private garage, porch, verandah, unfinished attic, basement or cellar. 2.38 Floor Area, Gross: The total floor area, exclusive of any portion of the building or structure below finished grade measured between the exterior faces of the exterior walls which is used for heating, the storage of goods or personal effects, laundry facilities, or recreational areas, exclusive of any garage, carport, porch, verandah, deck or sunroom (unless such sunroom is habitable during all seasons of the year). 2.39 Floor Area, Ground: The floor area of the grade level storey of a building measured by the outside walls, excluding, in the case of a dwelling house, any private garage, carport, porch, verandah, deck or sunroom (unless such sunroom is habitable at all seasons of the year). 2.40 Forestry Use: The raising and harvesting of wood, and without limiting the generality of the foregoing, shall include the raising, cutting and storage of fuel wood, pulpwood, lumber, Christmas trees, and other forestry products. 2.41 Garage: A detached accessory building or portion of a dwelling house which is designed or used for the sheltering of a private motor vehicle and storage of TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 10 household equipment incidental to the residential occupancy and which is fully enclosed and roofed and excludes a carport or other open shelter. 2.42 Garden Suite: An individual, temporary and self contained dwelling unit that is accessory to a primary single detached dwelling, located within a separate building and designed to be portable. 2.43 Gazebo: A freestanding, roofed, accessory structure which is not closed, except for screening or glass, and which is utilized for the purposes of relaxation. 2.44 Golf Course: A public or private area operated for the purpose of playing golf, and includes a par 3 Golf Course, club house and recreational facilities, accessory driving ranges, miniature golf courses, and similar uses. 2.45 Group Home: A single-detached dwelling in which not more than 6 persons, having physical, social or mental handicaps reside under the appropriate supervision of personnel, who may also reside in the dwelling, and which is licensed and/or approved for funding under provincial statutes and in compliance with municipal by-laws. A dwelling or other facility occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of a conviction of a criminal offence is not a Group Home for the purposes of this By-law. 2.46 Guest Cabin: A single storey accessory structure with no cooking facilities, which is not attached to the main single detached dwelling on a lot and is maintained for the accommodation of an individual or individuals occasionally, from which there shall be no monetary gain. 2.47 Habitable Room: A room designed for living, sleeping, eating or food preparation including but not limited to a den, library, office, craft or hobby room, sewing room, enclosed sunroom, or screened room. 2.48 Height Of Building: The vertical distance measured from the average finished grade on the side of the building facing the front lot line or exterior side lot line, whichever results in the greater height measurement of the building, or from the side of the building facing the high water mark on a lot that abuts a watercourse, or in the case of a boathouse over water, the vertical distance between the high water mark to: i) In the case of a flat roof, the highest point of the roof surface; ii) In the case of a mansard roof, the deck roof line; iii) In the case of a gable, hip or gambrel roof, the average height between the eaves and ridge; iv) In the case of an A-frame, 75% of the distance between the finished grade measured at the midpoint of the front and rear of the building and the ridge. 2.49 High Water Mark: The normal ordinary or regulated high water mark of any body of water, as indicated by the character of the vegetation or soil. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 11 2.50 Home Industry: A small scale light industrial use, such as a carpentry shop, a metal working shop, a welding shop or an electrical shop that provides services or wares to the community and which is an accessory use to a single detached dwelling. For the purposes of this By-law, the repairing of motor vehicles, mobile homes and trailers is not a home industry. 2.51 Home Occupation: Any occupation conducted for gain or support conducted entirely within a single detached dwelling as an accessory use by the residents thereof in accordance with the provisions of this By-law. 2.52 Hunt Camp: A building with a maximum floor area of 60 square metres (645.8 square feet) occupied as a temporary base for hunting or fishing activities. 2.53 Kennel: Premises where domestic household pets are kept, raised and/or boarded on a commercial basis, and which is licensed by the Township. 2.54 Landscaped Open Space: The open unobstructed space from ground to sky at grade on a lot, and suitable for the growth and maintenance of grass, flowers, trees, bushes and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure. 2.55 Light Equipment Sales And Rental Establishment: Premises in which light machinery and equipment such as air compressors and related tools and accessories, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and masonry equipment, electric tools and accessories, fastening devices such as staplers and tackers, floor and carpet tools, gasoline generators, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, pipe tools and accessories plumbing tools and accessories, pumps, hoses, scaffoldings, welding equipment, and other similar tools and appurtenances are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. 2.56 Loading Space: An off-street space on the same lot as the building, or contiguous group of buildings, for the temporary parking of a commercial vehicle while loading or unloading of merchandise or materials, which abuts upon a street, lane, road, highway or other appropriate means of Access. 2.57 Lot: A parcel of land legally capable of being conveyed separately from any other lands. 2.58 Lot Area: The total horizontal area within the boundaries of a lot, measured above the High Water Mark. 2.59 Lot, Corner: A lot situated at the intersection of two or more streets, or a lot abutting on one or more parts of the same street. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 12 2.60 Lot Coverage: The percentage of the lot area covered by the ground floor area of all buildings or structures on the lot, excluding a septic system leaching bed. 2.61 Lot Frontage: The horizontal straight-line distance determined as follows: a) Where the front lot line is the high water mark, the straight-line distance between the points where the side lot lines or their straight line projections intersect the high water mark; b) Where there are no side lot lines, the greatest distance between any point on the front lot line and any point on the rear lot line; c) Where there are two (2) front lot lines abutting the same street or high water mark, the longer of the two front lot lines shall be used to measure frontage; or d) In all cases other than those above, the distance between the points where the side lot lines intersect with the front lot line. 2.62 Lot Line: A boundary of a lot or the vertical projection of such lot line. 2.63 Lot Line, Exterior Side: The side lot line which abuts an improved public street or an unopened road allowance on a corner lot. 2.64 Lot Line, Front: a) In the case of an interior lot, the line dividing the lot from the street or private right-of-way; b) In the case of a corner lot, the shorter lot line abutting a street or private right-of-way shall be deemed the front lot line and the longer lot line abutting a street or private right-of-way shall be deemed a side lot line; c) In the case where a lot fronts upon a watercourse, the high water mark shall be deemed to be the front lot line; or d) In the case of a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line, with the exception of where the lot abuts the high water mark, in which case the high water mark is the front lot line. 2.65 Lot Line, Interior Side: A lot line other than a front, rear, or exterior side lot line. 2.66 Lot Line, Rear: The lot line furthest from or opposite to the front lot line. 2.67 Lot Line, Side: A lot line other than a front or rear lot line. 2.68 Lot, Through: a) a lot other than a corner, having separate frontages on two streets; or b) a lot other than a corner lot having separate frontages on a watercourse; c) a lot other than a corner lot having separate frontages on a street and a watercourse. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 13 2.69 Manufacturing: The use of land, buildings or structure for the purposes of manufacturing, assembling, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale, any good, substance, article, thing or service. 2.70 Marina: Premises inclusive of boat launching and docking facilities, located on a navigable waterway, where boats, other watercraft and boating accessories, and recreational vehicles are stored, serviced, repaired, or kept for sale or rental and where facilities for the sale of marine fuels and lubricants may be provided. 2.71 Medical Marihuana Production Facility: A building or structure or part thereof that is used for growing, producing, processing, testing, destroying, storing, packaging or shipping of marihuana or cannabis authorized by a license issued by the Federal Minister of Health under the Controlled Drugs and Substances Act SC 1996, c 19, as amended, but shall not include any other establishment or use as may be defined or classified in this By-law. 2.72 Mobile Home: A dwelling built and designed to be made mobile on a steel chasis and fitted with wheels (whether or not the wheels have been removed) that is intended to be hauled to a permanent site, for a residence for one or more persons, but does not include a travel trailer, tent trailer or motor home otherwise designed. 2.73 Motor Vehicle: Any equipment self-propelled by an engine or a motor mounted on the vehicle, within the meaning of The Highway Traffic Act. 2.74 Motor Vehicle Body Shop: Premises used for the painting or repairing of motor vehicle bodies, in conjunction with which there may be towing services and motor vehicle rentals for customers while the motor vehicle is under repair, but shall not include any other establishment otherwise defined or classified in this By-law. 2.75 Motor Vehicle Dealership: Premises where a dealer displays new motor vehicles for sale or rent or where used motor vehicles are kept for sale in conjunction with which there may be a motor vehicle repair garage or a motor vehicle Body Shop. 2.76 Motor Vehicle Repair Garage: Premises where the exclusive service performed or executed on motor vehicles for compensation may include the installation of exhaust systems, repair of the electrical systems, transmission repair, brake repair, radiator repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use and in conjunction with which there may be a towing service, a motor vehicle service station and motor vehicle rentals for the convenience of the customer while the motor vehicle is being repaired, but shall not include any other establishment otherwise defined or classified in this By-law. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 14 2.77 Motor Vehicle Service Station: Premises where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries, automotive accessories for motor vehicles, and new retail goods are stored or kept for sale to the general public; such shall require a public washroom. 2.78 Non-Complying: An existing lot, building or structure that does not fulfill the requirements of the zone provisions for the zone in which the lot, building or structure is located. 2.79 Non-Conforming: An existing use of any land, building or structure which does not conform with the permitted uses of this By-law for the zone in which such existing land, building or structure is located, so long as it continues to be used or enjoyed for that purpose. 2.80 Noxious: When used with reference to any use or activity in respect of any land, building or structure or a use or activity which, from its nature or form the manner of carrying on same, creates or is liable to create, by reason of destructive gas or fumes, dust, objectionable merchandise, salvage, machinery parts, junk, waste or other material(s), conditions which may become hazardous or injurious as regards to health or safety or which prejudices the character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use or activity in respect of any land, building or structure. 2.81 Nursing Home: Premises in which the proprietor supplies for hire or gain, lodging with or without meals and nursing, medical or similar care and treatment, and operates under the appropriate statute(s). 2.82 Office: Premises in which one or more persons are employed in the management, direction or conducting of a business, or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment. 2.83 Open Storage: The storage of goods, merchandise or equipment outside of a building or structure on a lot but does not include the storage of vehicles or equipment for sale of repair. This definition shall not include the open storage of goods or equipment incidental to the residential occupancy of the lot, a parking area, or a storage use or area located inside a building. 2.84 Outdoor Display and Sales Area: An area of land, used in conjunction with a business located within a building or structure on the same lot, for the display or sale of produce, merchandise or the supply of services. 2.85 Park: An area of public land specifically defined or set aside for use by and for the general public for active and/or passive recreational uses, and includes all landscaping, facilities, buildings and structures related to the recreation use. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 15 2.86 Parking Area: An area or a building or part thereof which is provided and maintained upon the same lot upon which the principal use is located for the purpose of parking motor vehicles. 2.87 Pit: An area where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. 2.88 Pit, Wayside: a temporary pit opened and used by a public authority, or their agents, solely for the purpose of road construction or an associated road project or contract and which is not located on the road right-of-way. 2.89 Place of Assembly: Premises designed and used to accommodate gatherings of people such as clubs, reception halls, funeral homes, conference centres, legion halls, community halls and lodges, and for events such as trade shows, banquets, and political or other conventions. 2.90 Place of Worship: A church, chapel, temple, parish hall, mosque or synagogue including offices for the administration of the religious institution, convent, seminary, monastery, rectory, parsonage or parish house. 2.91 Planting Strip: A landscaped or naturally planted area reserved for the purpose of screening adjacent uses by the planting or maintaining of trees and shrubs and shall consist of at least a continuous row of trees, evergreens or shrubs, not less than 1.8 metres (5.9 feet) high. 2.92 Porch: A structure attached to a permitted building which is covered and enclosed partially or wholly on its sides by screening. 2.93 Portable Processing Plant: Equipment for the crushing, screening or washing of sand and gravel aggregate materials, which is capable of being readily drawn or readily propelled by a motor vehicle and is not considered permanently affixed to the site, but not including a concrete batching plant or an asphalt plant. 2.94 Principal Building: Any building which is the principal purpose for which the building lot is used and shall include a barn or silo used in conjunction with an agricultural use. 2.95 Private Road: A road, laneway or driveway providing motor vehicle access to a property which is not a Public Road including a right-of-way or an Access Road as defined in the Road Access Act. 2.96 Public Authority: Any Federal, Provincial, or Municipal agency, and includes any commission, board, authority or department established by such agency and shall include Hydro One, Ontario Power Generation, and Bell Canada. 2.97 Public Road: A highway that is a principal means of access to abutting property and that is either under the jurisdiction of the Province of Ontario or is shown on TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 16 the schedule maps attached to and forming part of this by-law as a "Public Year Round Road" or a "Public Seasonal Road". 2.98 Public Use: The use of premises by a public authority, for the purpose of providing its services to the public, or carrying out its public mandate. 2.99 Pumphouse: An Accessory building used only to shelter a pump and related tools and equipment used to take water from a well, stream or lake and pressurize it, and which has a horizontal floor area of less than 1.5 square metres (16.1 square feet. 2.100 Quarry: An area where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit or mine. 2.101 Quarry, Wayside: a temporary quarry opened and used by a public authority, or their agents, solely for the purpose of road construction or an associated road project or contract and which is not located on the road right-of-way. 2.102 Recreational Facility: Premises designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. 2.103 Recreational Trail: An integrated, accessible open space system used for hiking, horseback riding, cross country skiing, snowmobiling and/or other similar forms of recreation travel. 2.104 Restaurant: Premises where food is offered for sale or sold to the public primarily for immediate consumption. 2.105 Retail Store: Premises where goods, wares, merchandise, substances or articles, are offered or kept for retail sale or rental and includes storage on or about the store premises for limited quantities of such goods, wares, merchandise, substances, or articles sufficient to service such stores but does not include any retail outlet otherwise classified or defined in this By-law. 2.106 Salvage Or Wrecking Yard: Premises where motor vehicles and parts are wrecked, disassembled, repaired and resold; second-hand goods, including waste paper, bottles, automobile tires, clothing, other scrap materials, used lumber, used building materials and salvage are collected to be sorted, and/or stored for sale or resale. 2.107 Sawmill or Planing Mill: Premises where timber is cut or milled, and temporarily stored either as finished or unfinished lumber. 2.108 Septic System Leaching Bed: An absorption system constructed as absorption trenches or as a filter bed, located wholly in filter media that is contained between the surface to ground or raised or partly raised above ground as required by local TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 17 conditions, to which effluent from a treatment unit is applied for treatment and disposal but does not include the mantel area. 2.109 Service Shop, Light: Premises, not otherwise defined or classified in this By-law, for the servicing or repairing of articles, goods or materials, as well as facilities for accessory retail sales. 2.110 Service Shop, Personal: Premises in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, such as a barber's shop, a ladies hairdressing establishment or a shoe repair shop. 2.111 Setback: The distance between a lot or zone boundary and a building, structure or use on a lot. 2.112 Shoreline Buffer: A natural area maintained in its natural pre-development state, with the exception of minimal pruning of vegetation and the removal of trees for safety reasons, for the purpose of buffering buildings or structures on a lot. Where the natural state has been altered, the area may be planted with indigenous trees and shrubs. Where the natural shoreline of a property is a natural beach or is a rock outcropping with little or no soil, such shall be deemed to comply. 2.113 Storey: The portion of a building other than the basement which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. 2.114 Street: A highway as defined under The Highway Traffic Act, or the Municipal Act or a public road which has been assumed and is maintained by the Township. 2.115 Street Line: The limit of the street or road allowance and the dividing line between a lot and a street or road. 2.116 Structure: Anything man-made that is fastened to or into the earth or another structure or rests on the earth by its own mass or is attached to a building including a septic system leaching bed, holding tanks, satellite receiving dishes and heat pumps. 2.117 Temporary Accommodation: Any trailer, vehicle or shelter manufactured or modified to be used as living quarters, and capable of being used for temporary accommodations. 2.118 Tent: Any kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved and is not considered a structure. 2.119 Tent and Trailer Park: Premises used and maintained as an overnight tent or camping ground where people are temporarily accommodated in tents, travel TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 18 trailers, cabins, recreational vehicles or other similar facilities, whether or not a fee or charge is paid for the rental thereof, but does not accommodate mobile homes. 2.120 Tourist Establishment: Any premises operated to provide sleeping accommodation for the traveling or vacationing public, and may include services and facilities in connection with which sleeping accommodation is provided. 2.121 Township: The Corporation of the Township of Ryerson. 2.122 Travel Trailer: Any vehicle designed to be towed by a motor vehicle and capable of being used for the temporary lodging of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. This definition does not include a mobile home. 2.123 Truck Camper: Any unit constructed so that it may be attached upon a motor vehicle, as a separate unit, and capable of being temporarily utilized for the lodging of persons. 2.124 Use: Any purpose for which a building, structure or a parcel of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building, structure or on a parcel of land. 2.125 Veterinary Clinic: Premises where a veterinary surgeon treats domestic animals, birds or other livestock and in which animals may be boarded. 2.126 Warehouse: Premises used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard. 2.127 Waste Disposal Site: An area of land where garbage, refuse and/or domestic waste is disposed of or dumped and, for the purposes of this By-law, shall include a sanitary landfill site or sewage lagoon owned, operated and maintained by the Township or the Ministry of the Environment or their agents, but shall not include a private or communal septic system leaching bed. 2.128 Waterbody: A lake greater than 15 ha in area and any navigable river or stream. 2.129 Watercourse: A body of water or natural channel for a perennial or intermittent stream of water including a river or stream. 2.130 Waterfront Landing: The use of land as a docking and parking facility, which serves as a mainland access point for a commercial or residential property that are accessible by water, but which does not include vessel or vehicle sales, rental or service, or the sale of fuel. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 19 2.131 Water Setback: The straight line horizontal distance from the high water mark of a watercourse to the nearest part of an excavation, building, structure, or open storage use on the property. 2.132 Wayside Pit or Wayside Quarry: A temporary source of consolidated or unconsolidated aggregate opened by or for a public authority, for the purpose of a particular project or public road construction. 2.133 Workshop: Premises where fabrication or manufacturing is performed by tradespersons requiring manual or mechanical skills and may include an upholsterer's shop, a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a machine and/or welder's shop. 2.134 Yard: An open, uncovered space on a lot appurtenant to a principal building or use and unoccupied by buildings or structures except as specifically permitted in this By-law. 2.135 Yard, Exterior Side: A yard extending from the required front yard to the required rear yard and from the exterior side lot line of the lot to the nearest part of any building or structure on the lot, the nearest outside storage use on the lot, or edge or rim of an excavation on the lot. 2.136 Yard, Interior Side: A yard extending from the required front yard to the required rear yard and from the interior side lot line of the lot to the nearest part of any building or structure on the lot, the nearest outside storage use on the lot, or edge or rim of an excavation on the lot. 2.137 Yard, Front: A yard extending across the full width of the lot between the front lot line of the lot and the nearest part of any building or structure on the lot, the nearest outside storage use on the lot, or edge or rim of an excavation on the lot. 2.138 Yard, Required: The minimum yard required by the provisions of this By-law. 2.139 Yard, Rear: A yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, the nearest outside storage use on the lot, or edge or rim of an excavation on the lot. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 20 Section 3 - GENERAL PROVISIONS 3.1 Accessory Buildings, Structures and Uses 3.1.1 Permitted Uses Where this By-law provides that a lot may be used and a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or accessory use provided that a building permit for the principal use, if required, is issued or that the principal building or structure is already in existence on the lot. Accessory buildings shall not be used for any occupation for gain or human habitation, except where specifically permitted by this By-law. 3.1.2 Setback Requirements Except as specifically provided in this section, any accessory building or structure shall comply with the applicable yard and setback requirements of the zone within which it is located. 3.1.3 Principal Building to be Erected First No accessory building or structure shall be erected on any lot until the principal building has been erected, with the exception of: temporary construction uses during the term of an active building permit, or a septic system, a garage, or dock. 3.1.4 Lot Coverage The total lot coverage of all accessory buildings and structures shall not exceed 5 percent of the lot area and shall be included as part of the total permitted lot coverage noted in Table 5 of this By-law. 3.1.5 Height The height of any accessory building or structure shall not exceed 6 metres (19.7 feet) or the height of the permitted principal building or structure whichever is most restrictive. 3.1.6 Number The maximum number of accessory buildings permitted on a lot shall not exceed 4. This number does not include a privy, a pumphouse or a gazebo. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 21 3.1.7 Accessory Structure Encroachments Notwithstanding the yard and setback provisions of this By-law to the contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining walls, fences, signs, or similar uses which comply with this By-law are permitted in any required yard The following obstructions may project not more than 1.0 metre (3.3 ft.) into a required side yard and not more than 1.5 metres (4.9 ft.) into any other required yard: fire escape or open stairway deck bay window dormer vestibule provided, however, such obstruction is no closer than 1.0 metre (3.3 ft.) to the lot line. 3.1.8 Dock, or Launching Ramp Notwithstanding the yard provisions of this By-law to the contrary, a boat launching ramp, or dock may be erected and used in any yard, abutting on a navigable waterway, except where prohibited by the provisions of a specific zone, provided such structure is located no closer than 3 metres (9.8 feet) to the side lot line or the projection of the side lot line into the water, and provided all applicable Federal and Provincial statutes and regulations are adhered to. 3.1.9 Boathouse or Boat Port The maximum size of any boathouse or boat port shall be one storey in height and 100 square metres (1,076.4 square feet) in area. A maximum of one boathouse or boat port is permitted on a lot. A minimum side yard of 6.0 metres (19.7 feet) is maintained both on land and in the water when the side lot line boundaries are extended from the high water mark into the water. The maximum projection of a boathouse or boat port into the water shall be 15 metres (49.2 feet) from the high water mark. A boathouse or boat port is not permitted to project into the water where it is located on a lot that abuts the Magnetawan River, but is permitted to be located at the high water mark. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 22 No boathouse, or part thereof, shall be used for the provision of sleeping or cooking accommodation. All applicable Federal and Provincial statutes and regulations are adhered to. 3.1.10 Garages or Other Accessory Buildings or Structures Notwithstanding the yard and setback provisions of this By-law to the contrary, an attached or detached private garage or other accessory building or structure may be erected and used in a side or rear yard, provided that: i) where such accessory building or structure is located in an interior side yard, it shall not be closer than 3 metres (9.8 feet) to the interior side lot line or 10 metres (32.8 feet) to an exterior side lot line; ii) where such accessory building or structure is located in a rear yard, it shall not be closer than 3 metres (9.8 feet) to the rear lot line except, where the rear lot line abuts a municipally maintained road, where it shall not be closer than 10 metres (32.8 feet) to the rear lot line; iii) Notwithstanding the foregoing provisions, no accessory building or structure shall be erected closer than 6 metres (19.7 feet) to an interior side lot line within any Commercial (C) or Industrial (I) zone; and iv) A maximum of one detached garage is permitted on a lot. 3.1.11 Decks, Steps, Balconies, Verandahs or Patios Notwithstanding the yard and setback provisions of this By-law, decks, balconies, steps and patios, may project into any required yard a maximum of 3 metres (9.8 feet), but not closer than 1.5 metres (4.9 feet) to any lot line, where the floor of any porch, balcony, or deck is more than 1.0 metres (3.3 feet) above finished grade the setback requirements for the principal use shall apply. 3.1.12 Gazebo One freestanding gazebo may be permitted within the required yard abutting a shoreline in the Rural (RU), Waterfront Residential (WR) or Limited Services Residential (LR) zone, provided that: i) the structure does not exceed 15.0 square metres in floor area, but may not be located on a dock; ii) the gazebo is set back at least 4.0 metres from the shoreline; and, iii) the gazebo is set back at least 2.0 metres from any side lot line. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 23 3.1.13 Guest Cabin A guest cabin is permitted on a lot in the Rural (RU), Waterfront Residential (WR), or Limited Service Residential (LR) zone provided that: i) No cooking facilities are located in the guest cabin; ii) It has an area of 50 square metres (538 square feet) or less; iii) It has a height not greater than one storey; iv) It complies with all of the setbacks that apply to the principal building on the lot; and v) A maximum of one guest cabin is permitted on a lot. 3.1.14 Pumphouse A pumphouse may be erected and used in the required yard of a lot abutting a shoreline provided it complies with the minimum required side yard. A free standing pumphouse shall not exceed a height of 2.0 metres or an area of 9.0 square metres. 3.1.15 Septic System Leaching Bed A septic system leaching bed shall be located a minimum of 30 metres (98.4 feet) from the high water mark. 3.2 Building Permit Issued The provisions of this By-law shall not apply to prevent the Use of any Existing Lot, Building or Structure for any purpose prohibited by this By-law for which the plans have, prior to the passing of this By-law, been approved by the Chief Building Official, so long as the Building or Structure, when Erected, is used and continues to be used for the purpose for which it was Erected or the Building permit remains valid. 3.3 Established Building Line Where a permitted dwelling is to be erected on a lot and where there is an established building line extending along the street on both sides of the lot 50 metres (164 feet) in either direction, such permitted dwelling may be erected closer to the street line than required by this By-law such that the yard is equal to the average setback of adjacent dwellings on the same side of the street. This provision does not apply to the lot line abutting a watercourse. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 24 3.4 Existing Buildings, Structures and Uses 3.4.1 Continuation of Existing Uses: The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building, or structure was lawfully used and legally established for such purpose on the date of passing of this By-law so long as it continues to be used for that purpose and the use has not been discontinued. 3.4.2 Prohibited Exterior Extension: The exterior of any building or structure, which at the date of passing of this By-law was lawfully used for a purpose not permissible within the Zone in which it is located, shall not be enlarged, extended, reconstructed, or otherwise structurally altered, unless such building or structure is to be used for a purpose permitted within such Zone, and complies with all requirements of this By-law for such Zone. 3.4.3 Permitted Interior Alteration: The interior of any building or structure, lawfully used at the date of passing of this By-law may be reconstructed or structurally altered, in order to render the same more convenient or commodious for the same purpose for which such building or structure was lawfully used. 3.4.4 Restoration to a Safe Condition: Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure or part thereof lawfully used on the date of passing of this By-law, provided that the strengthening or restoration does not increase the building height, size or volume, or change the use of such building or structure, and provided that approval for a septic system may be obtained for the use, where applicable. 3.4.5 Permitted Non-Complying Building or Structure: Nothing in this By-law shall prevent the reconstruction, relocation, renovation, enlargement or repair of an existing building or structure on a lot that does not comply with the setback and yard requirements of this By-law, which existed at the date of passing of this By-law, and which is used for a purpose specifically permitted within the Zone in which such building or structure is located, provided: i) there is no further encroachment into the required setback or yard; ii) any addition to the existing building or structure maintains the existing setback from the high water mark or 15 metres (49.2 feet), whichever is greater; TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 25 iii) if the reconstruction or relocation would result in an increase to the gross floor area of the building or structure, that the entire building or structure maintains the existing setback from the high water mark or 15 metres (49.2 feet), whichever is greater; iv) approval for a septic system is obtained, where applicable; and, v) it is in compliance with all other provisions of this By-law. 3.5 Existing Lots 3.5.1 Existing Undersized Lots: Notwithstanding any other provision of this By-law to the contrary, where a lot having a lesser lot area and/or frontage than required herein is not located on an island and is held under distinct and separate ownership from an abutting lot or lots as shown by a conveyance of title properly registered prior to the date of passing of this By-law or, where such a lot is created as a result of an expropriation, such lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other applicable zone provisions of this By-law are complied with. 3.5.2 Enlargement of Existing Lots: Where lands are added to an existing undersized lot, the resulting lot shall be deemed to comply with the minimum lot frontage and area requirements of this By-law, and may be used for a purpose permitted in the Zone in which such lot is located, provided it is in compliance with all other applicable provisions of this By-law. 3.6 Floor Area Less Than Required: Nothing in this By-law shall prevent an extension or an addition being made to a permitted Dwelling, which Dwelling existed at the time of passing of this By-law but which has a gross floor area or Dwelling unit area less than required by this By-law, provided such extension or addition does not contravene any other provision of this By-law. 3.7 Frontage on a Public Road 3.7.1 Improved Public Road No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon and is directly accessible from a road maintained year round by a public authority. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 26 3.7.2 Subdivision Agreement The provisions of Section 3.7.1 shall not apply to prevent the erection of a permitted building or structure on a lot in a registered plan of subdivision where a Subdivision Agreement has been entered into with the Township, notwithstanding that the road or roads will not be assumed by the Township until the end of the maintenance period. 3.7.3 Existing Uses not on an improved public road The provisions of Section 3.7.1 shall not apply to prevent the enlargement, extension, renovation, reconstruction or other structural alteration of an existing building or structure, which is located on a lot which does not have frontage upon a public year round road, provided the use of such building or structure does not change and is permissible within the zone in which it is located. 3.7.4 Exception to Road Access Notwithstanding the provisions of Section 3.7.1, where a lot is located in the Limited Services Residential (LR) zone, a use, building or structure may be used on such lot in accordance with the provision of the zone with access by a seasonally maintained public road, a Crown road, a private road with legal right-of-way or water access from a navigable waterway where adequate long term parking and docking facilities are provided to the satisfaction of the Township. 3.7.5 Hunt Camp Notwithstanding the provisions of 3.7.1, a hunt camp shall be permitted if it is located a minimum of 120 metres (394 feet) from the nearest Public Road in the Rural (RU) zone. The provisions and requirements of the Limited Services Residential Zone (LR) zone apply to any hunt camp. 3.7.6 Condominium Access Notwithstanding the provisions of Section 3.7.1, where property is developed by condominium description, the lot frontage and access may be on a private road for individual units within the condominium description. 3.8 Group Home A group home is permitted in all zones that permit a dwelling as a permitted use. No group home shall be permitted within 450 metres (1,476 feet) of another group home in the Township. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 27 3.9 Height Exceptions Notwithstanding the height provisions of this By-law to the contrary, nothing in this By-law shall apply to prevent the erection, alteration, or use of a barn, silo, church spire, belfry, flag pole, clock tower, chimney, water tank, radio or television tower or antenna, air conditioner duct, grain elevator, incidental equipment required for processing, external equipment associated with internal equipment or machinery and conveying equipment, which exceeds the maximum height requirements provided the main or principal use is permitted within the zone in which it is located and provided all other applicable provisions of this By-law are complied with. 3.10 Home Occupation: The following regulations apply to regulate a home occupation where such a use is permitted. i) The home occupation shall clearly be secondary to the main residential use of the property and shall not change the residential character of the dwelling; ii) Such home occupation shall not be a nuisance to, nor interfere with, television or radio reception of others in neighbouring buildings or structures; iii) Such home occupation shall not include a medical clinic, a private hospital, a nursing home, a boarding house, an eating establishment or a veterinary clinic, but may include a business or professional office that complies with the provisions of this subsection; iv) There shall be no display to indicate that any part of the property is being used for other than residential or agricultural uses except for an unlit sign of not more than 0.5 metres square (5.4 square feet), except where a lot fronts on a County Road or Provincial Highway, in which case the requirements of the County or the Province shall be complied with; v) The home occupation use shall be conducted entirely within the dwelling; vi) Not more than 25% of the gross floor area of the dwelling shall be used for the purposes of home occupation use; vii) Such use is conducted by a person or persons residing in the dwelling; viii)There shall be no more than two (2) commercial vehicles parked at any one time on the property; ix) There shall be no outside storage of goods or materials associated with the home occupation use; and, x) There shall be no goods, wares or merchandise offered for sale or rent from the dwelling which are not manufactured or processed on the lot. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 28 3.11 Home Industry: The following regulations apply to regulate a home industry where such a use is permitted: i) The home industry shall clearly be secondary to the main residential use of the property and shall not change the residential character of the dwelling; ii) There shall be no emission of noise, odour or dust that is not normally attributable to the use of the land for other uses permitted in the Zone; iii) Such home industry shall not be a nuisance to, nor interfere with, television or radio reception of others in neighbouring buildings or structures; iv) There shall be no display to indicate that any part of the property is being used for other than residential or agricultural uses except for an unlit sign of not more than 0.8 metres square (8.6 square feet), except where a lot fronts on a County Road or Provincial Highway, in which case the requirements of the County or the Province shall be complied with; v) No home industry shall be located within 300 metres (984.3 feet) of any waterbody; vi) The home industry shall meet the same yard provisions as required for the principal residential use for the Zone in which it is located, with the exception of the interior side yard, which shall be a minimum of 10 metres (32.8 feet); vii) The use shall not occupy more than 25% of the gross floor area of a dwelling, or where located in an accessory building, shall not occupy more than 90 square metres (968.8 square feet); viii) A maximum of two (2) employees who do not live in the dwelling may be employed on site in the home industry and additional employees may be employed off-site; ix) There shall be no more than three (3) commercial vehicles parked at any one time on the property; x) Any permitted open storage shall be screened from view; xi) A planting strip shall be provided on the lot in accordance with the provisions of this By-law; and, xii) There shall be no goods, wares or merchandise offered for sale or rent from the dwelling which are not manufactured or processed on the lot. 3.12 Landscaping and Buffers 3.12.1 A minimum 3.0 metre (9.8 feet) landscaped buffer shall be provided along a side or rear lot line of a commercial or industrial zone. 3.12.2 Landscaping shall be provided, planted or located, and maintained in a healthy condition by the owner of the land on which the landscaping is located. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 29 3.12.3 Where landscaping is required on a lot, such lot shall not be used for any purpose other than that which existed at the date of passing of this by-law, until the required planting strip/privacy fence is planted or located, unless as otherwise provided for in a registered site plan agreement. 3.12.4 Where a lot abuts a watercourse, a shoreline buffer shall be restored and maintained across a minimum of 75% of the lot, and shall maintain a minimum width of 15.0 metres (49.2 feet). Areas not built on with structures will have soft landscaping. 3.13 Loading Space Regulations: Loading or unloading spaces are required under this By-law, in accordance with the Loading Space Requirement Table. The owner of every building or structure erected for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials shall provide and maintain on the lot, loading and unloading spaces. For the purposes of this By-law, each loading or unloading space shall be 9.0 metres (29.5 feet) in length, 4.0 metres (13 feet) in width and have a vertical clearance of 5.0 metres (16.4 feet). In addition, adequate space shall be provided for the parking of vehicles awaiting access to the loading or unloading spaces. Table 1 - Loading Space requirements LOADING SPACE REQUIREMENT TABLE Gross Floor Area of Building Loading Spaces Required Less than 300 m2 (3,200 sq. ft.) 1 space 300 m2 to 2,800m2 (3,230-30,140 sq. ft.) 2 spaces 2,800m2 to 7,500m2 (30,140-80,730 sq. ft.) 3 spaces More than 7,500m2 (80,730+ sq. ft.) 3 spaces + 1 additional space for each additional 9,300 m2 (100,100 sq. ft.) or part thereof in excess of 7,500 m2 (80,730 sq. ft.) 3.13.1 Access: Access to loading or unloading spaces shall be by means of a driveway at least 6 metres (19.7 feet) in width contained on the lot on which the spaces are located and leading to a public road. 3.13.2 Loading Space Surface: Driveways, loading and unloading spaces, and, related aisles and turning areas shall be maintained with a stable surface which is treated so as to prevent the raising of dust. Such loading and unloading facilities shall be TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 30 constructed of crushed stone, gravel, asphalt, concrete or similar material and shall include provisions for drainage facilities. 3.13.3 Location: The loading space or spaces required hereunder shall be located in the interior side or rear yard unless such space or spaces are removed from the street line a minimum distance of 15 metres (49.2 feet). 3.13.4 Additions to or Change in Use of Existing Buildings: The loading space requirements shall not apply to any building in existence at the date of passing of this By-law so long as the gross floor area, as it existed as such date, is not increased; if an addition is made to the building or structure which increases the gross floor area, or if the use is changed, then additional loading spaces shall be provided in accordance with the Loading Space Table Requirements for such addition or use. 3.14 Mobile Home No mobile home is permitted in any zone. 3.15 Multiple Uses on One Lot Where any land, building or structure is used for more than one permitted use, the applicable zone provisions of this By-law which service to regulate each such use shall be complied with. 3.16 Multiple Zones on One Lot Where a lot is divided into more than one zone under the provisions of this Bylaw, each such portion of the lot shall be used in accordance with the zone provisions of this By-law for the applicable zone as if it were a separate lot, provided however that a maximum of one dwelling unit is permitted on the lot. 3.17 Number of Dwellings per Lot Unless specified elsewhere in this By-law, no more than one dwelling unit shall be permitted on a lot. 3.18 Outdoor Storage Where outdoor storage is permitted, the following provisions shall apply: i) Outdoor storage is located behind the front or exterior wall of the main building facing any street and complies with all yard requirements; TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 31 ii) Any portion of a lot used for outside storage is screened from adjacent uses and streets adjoining the lot by a building, planting strip, and or fence at least 2.0 metres in height from the ground; and, iii) The area used for outdoor storage shall be in addition to the areas required for parking, loading and landscaping. 3.19 Parking Area Regulations 3.19.1 More than One use on a Lot When a building or structure accommodates more than one type of use, the parking space requirement for the whole building or structure shall be the sum of the requirements for the separate parts of the building. 3.19.2 Parking Area Location on Lot Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered surface parking areas shall be permitted in the required yard or in the area between the street line and the required setback provided that they are a minimum of 1.0 metres (3.3 feet) from any lot line. 3.19.3 Additions to, or changes in, the Use of Existing Buildings and Structures The Parking Space requirements referred to herein shall not apply to any existing building or structure so long as the gross floor area is not increased. If any addition is made to a building or structure which increases its gross floor area, parking spaces for the addition shall be provided as required by the Parking Area Regulations. Where a change in use occurs, parking spaces shall be provided for such new use in accordance with the requirements of the Parking Area Regulations. The provision of this paragraph shall not apply to require the establishment of Parking Spaces for a dwelling which existed at the passing of this By-law. 3.19.4 Use of Parking Spaces and Areas Parking Spaces and areas required in accordance with this By-law shall be used for the parking of operative, currently licensed vehicles only, and for vehicles used in operation incidental to the permitted uses on the lot. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 32 Table 2 - Parking Requirements PARKING REQUIREMENTS Type of Building Minimum Parking Required Dwelling; Agricultural Use; 2 parking spaces for each dwelling unit Bed and Breakfast Establishment 1 parking space for each guest room in addition to 2 parking spaces for the dwelling unit. Medical, Veterinary, Dental Office or Clinic 5 parking spaces for each Practitioner Place of Assembly; Place of Worship; Community Centre; Funeral Home, Restaurant, Where there are fixed seats, 1 parking space for every 4 seats or 3 metres (9.8 feet) of bench space. Where there are no fixed seats, 1 parking space for each 10 sq. metres (107.6 sq. feet) of floor area devoted to public use. Tourist Establishment, Camping Establishment; 1 parking space for each guest room, cottage, cabin or camp site, plus such parking facilities as are required for a restaurant, should such exist. Office, including a Home Occupation or Home Industry; Day Care Centre 1 parking space for each 20 sq. metres (215 sq. feet) directly related to the permitted use. Manufacturing, Processing, Assembling or Fabricating Plant; Bulk Fuel Depot, Building Supply and Lumber Outlet; Commercial Nursery or Greenhouse; 1 parking space per 40 sq. metres (430.6 sq. feet) of gross floor area or portion thereof. Convenience Store 1 parking space for each10 sq. metres (107.6 sq. feet) of total floor area. Retail use; Other Commercial Uses 1 parking space for each 20 sq. metres (215 sq. feet) of total floor area. Uses Permitted by this By-law other than those listed in this Table 1 parking space for each 30 sq. metres (323 sq. feet) of gross floor area. Equestrian Facility 1 parking space for each 50 square metres of total floor area devoted to training and handling facilities. Self Storage Facility; Warehouse; Wholesaling 1 parking space for each 90 square metres of the gross floor area which accommodates the use; 3.19.5 Barrier-Free Parking a) Number of Barrier-Free Parking Spaces Required: The minimum designated barrier-free parking spaces requirements for new development shall be as follows: TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 33 Table 3 Barrier-Free Parking requirements Total Number of Parking Spaces Required Minimum Barrier-Free Spaces Required 1 - 15 1 16 - 30 2 31 and beyond 3 spaces plus one additional space for each 15 spaces beyond 45. b) Barrier-Free Parking Space: A designated barrier-free parking space for motor vehicles shall have: (i) A minimum width of 4.5 metres (14.8 feet); (ii) A minimum length of 6.0 metres (19.7 feet); (iii) An adjacent 1.5 metre (4.9 feet) wide aisle that is hatch marked on the parking lot, which may be shared by two adjacent designated barrier-free spaces; (in the case of a parking area that is not paved, the 1.5 metre (4.9 feet) aisle shall be added to the width of the parking space) (iv) A firm, level surface; and (v) Shall be located as near as possible to the main entrance, within 30 metres (98.4 feet) of the entrance. 3.20 Pits and Quarries and Peat Harvesting The making or establishment of Pits or Quarries and the harvesting of peat is prohibited within the area covered by this By-law, except in the locations specifically zoned Extractive Industrial (IE) in this By-law, and in accordance with the express provisions of this By-law. No person shall use or occupy land or erect any building or structure or conduct any activity on land for the purpose of processing, washing, screening, sorting or crushing rock, sand and/or gravel and/or peat, except as expressly provided for in this By-law. 3.21 Public Uses 3.21.1 Public Services The provisions of this By-law shall not apply to prohibit the use of any lot or the erection or use of any building or structure for the purposes of public uses provided by the Township, or any public authority including any Department or Ministry of the Government of Canada or Ontario and, shall include Ontario Power Generation, Hydro One or other electrical utility, any telephone, telegraph or cable TV company and any natural gas distribution system operated by a Company distributing gas to the residents of the TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 34 Township, which company possesses all the necessary powers, rights, licenses and franchises. 3.21.2 Location Restrictions Notwithstanding any other provision contained in this By-law to the contrary, where a public use is only permitted within a specific zone classification, then such public use shall only be permitted within that zone or zones and shall comply with the zone provisions of the zone or zones in which the public use is permitted, save and except that there shall be no minimum lot area or lot frontage requirement. This provision does not apply to Crown Agencies. 3.21.3 Provisions i) No goods, materials or equipment shall be stored outside the building or structure located on the lot, except as may otherwise be permitted under this By-law. ii) The zone provisions of the zone in which the use is located shall be complied with. iii) No building or structure erected in accordance with the provisions of this Section shall be used for the purpose of an office or maintenance or works depot. 3.21.4 Public Installations Nothing in this By-law shall prevent the installation of a watermain, sanitary sewer, storm sewer, gas main, pipeline, hydro, communication line, or high voltage and extra high voltage electrical facilities owned, operated and maintained by Hydro One or Ontario Power Generation. 3.22 Reduction of Requirements No person shall change the purpose for which any land, building, or structure is used, or erect any building or structure, or construct an addition to an existing building or structure, or sever any lands, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention with this By-law. 3.23 Restriction on Dwelling Unit in Non-Residential Buildings Notwithstanding any other provision of this By-law to the contrary, no dwelling unit shall be located within a portion of a non-residential building which has gasoline or other flammable fluids stored in bulk for commercial purposes, in conjunction therewith, and without limiting the generality of the foregoing, a dwelling unit shall not be permitted within a motor vehicle service station, a motor vehicle repair garage, a motor vehicles body shop, a marina, or a marine sales and service shop. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 35 3.24 Signs The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign, provided such sign complies with the By-laws of the Township including the specific sign provisions for home occupation or home industry, as provided in this By-law. 3.25 Special Provision for Through Lots Where a lot is a through lot, the front yard requirements shall apply on each street or adjacent private right-of-way or watercourse, as the case may be, in accordance with the provisions of the Zone(s) in which such lot is located. 3.26 Special Setback Requirements 3.26.1 Setback from Watercourses No building or structure, except a dock, boathouse, boatport or pumphouse, shall be located within 15 metres (49.2 feet) of the high water mark or any river, stream or other watercourse; the minimum setback for all cold water watercourses or from Type 1 Fish Habitat shall be 30 metres (98.4 feet). 3.26.2 Setback from Provincially Significant Wetland The minimum setback from the edge of a Provincially Significant Wetland shall be 120 metres (393.7 feet), except in the following circumstances: - where the Provincially Significant Wetland is exclusively located under water, then the minimum setback shall be 30 metres (98.4 feet); - where an Environmental Impact Study (EIS) is completed to the satisfaction of the Township, then the minimum setback shall be as identified in the EIS, but shall not be less than 30 metres (98.4 feet). - where an Environmental Impact Study (EIS) is completed to the satisfaction of the Township and the EIS recommends a setback for shoreline structures that do not contain habitable rooms, then the minimum setback shall be as identified in the EIS. - the minimum setback shall be 1 metre (3.3 feet) for the following parcels in: o PSR 1894 - Parts 4-9, 10, 11, 13, 15-16, o PSR 1895 - Parts 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, o PSR 1453 - Parts 20 to 34, and o PSR 1454 - Parts 1 to 15. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 36 3.26.3 Setback for Pits and Quarries No edge of a Pit or Quarry shall be located closer than 120 metres (393.7 feet) to an existing dwelling or the boundary of a Provincially Significant Wetland, or 30 metres (98.4 feet) from a municipal road allowance, lot line or watercourse. 3.26.4 Minimum Separation for Farms Despite any yard provisions of this By-law to the contrary, no building or structure shall be erected or expanded unless it complies with the Provincial Minimum Distance Separation I and II formulae. 3.26.5 Setback from Steep Slopes No building or structure shall be constructed on slopes greater than 20% and shall be setback a minimum of 10 metres (32.8 feet) from the edge of the slope. 3.27 Temporary Construction Use: A temporary building, structure or trailer incidental to the construction of a principal building on a lot is permitted in all zones, but only during construction and until the building permit which authorizes it expires or is revoked. A tool shed not exceeding 9.3 square metres (100 square feet), construction trailer, scaffolding or other building or structure incidental to construction is permitted in all zones within the Township, except the Provincially Significant Wetland (PSW), Environmental Protection (EP) and Open Space (OS) zones, on the lot where it is situated and only for so long as it is necessary for the work in progress and until the work is completed or abandoned. For the purpose of this Section, abandoned shall mean the discontinuation of work for more than 120 consecutive days or the failure to maintain a current building permit. 3.28 Temporary Housing Notwithstanding any other provision of this By-law to the contrary, where a dwelling is destroyed or a new dwelling is being constructed and a Building Permit for reconstruction of the dwelling has been issued by the Township for the lot, the residents may occupy the existing dwelling or a travel trailer on a temporary basis, but only during the period which the new dwelling is being constructed to a maximum of one year from the date of issuance of the building permit. 3.29 Trailer or Mobile Home Parks The establishment of a trailer park or mobile home park is prohibited in any Zone, save and except where such parks are specifically permitted by this By-law. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 37 3.30 Trailers and Campers The use of tents, trailers and recreational vehicles for permanent or temporary human habitation is prohibited in all zones except: (a) in a Rural (RU), Waterfront Residential (WR) or Limited Services Residential (LR) Zone, a travel trailer equipped with toilet facilities and an approved sewage holding tank may be used for temporary human habitation during the construction of a dwelling unit on a lot, provided that such structure is located on the same lot as the dwelling unit under construction and is in compliance with the setback provisions for the zone in which it is located and provided that: i) no such structure shall be located on the premises until a building permit for said construction has been issued and construction commenced; ii) such structure shall cease to be used for human habitation upon completion of the dwelling unit; iii) where not elsewhere permitted in this By-law, such structure shall be removed from the premises upon completion of the dwelling unit, or in all cases, within 60 days of the discontinuance of construction; and, iv) A maximum of one trailer is permitted. (b) For the occasional accommodation of guests in any Rural (RU), Waterfront Residential (WR) or Limited Services Residential (LR) Zone provided that a detached dwelling exists on the property. (c) For the use of tents for children's play, picnics, weddings, family reunions, or other similar private functions. (d) In a Rural (RU), Waterfront Residential (WR) or Limited Services Residential (LR) Zone, a maximum of one travel trailer equipped with toilet facilities and an approved sewage holding tank or leaching bed may be used for temporary human habitation on an existing vacant lot for a period not to exceed three years from the date of passage of this By-law, provided such travel trailer has a current license issued in accordance with the Township's Trailer Licensing By- law, or upon issuance of a building permit for a permitted residential use on the lot. Such structure shall cease to be used for human habitation upon expiry of the three year period, unless specifically recognized through the approval of a Temporary Use Zoning By-law passed pursuant to the provisions of the Section 39 of the Planning Act. This provision does not apply to any existing trailer or replacement trailer with a current Township permit that was issued prior to the date of passage of this by-law, provided the permit is in effect and annual fees continue to be paid. 3.31 Truck, Bus, Coach Bodies and Derelict Vehicles: No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit erected and used in accordance with this By-law, The Ontario Building TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 38 Code and Regulations passed thereunder and all other By-laws of the Township, shall be used for human habitation or storage of goods and materials whether or not the same is mounted on wheels. The provisions of this By-law shall not apply to prohibit the outside storage of a maximum of two derelict motor vehicles within the Rural (RU) Zone nor the outside storage of contractors equipment, whether currently licensed or inoperative, provided the applicable provisions regarding outside storage are complied with, and further that such use is accessory to the principal permitted use on the lot, and that such storage area is screened from view from adjacent lots and roads. 3.32 Unimproved Road Allowances The exterior side yard requirements outlined in this By-law shall be reduced by 50 percent where the yard abuts an unimproved road allowance. 3.33 Waterfront Landing The following provisions apply to the installation of a waterfront landing: - The waterfront landing shall provide access to a maximum of 3 water access only lots. - Docking facilities shall not contain more than 3 boat slips, a boat slip is defined as a parking area for boats with a minimum length of 6 metres (19.7 feet) and a maximum length of 10 metres (32.8 feet); - No enclosed buildings or structures are permitted on the waterfront landing property. - The minimum setback from the shoreline for any structure (except a dock) or parking area shall be 30 metres (98.4 feet); - The minimum side yard shall be 6 metres (19.7 feet); - The minimum rear yard shall be 10 metres (32.8 feet); - The maximum coverage of all structures and parking areas shall not exceed 10% 3.34 Wayside Pits and Quarries and Portable Processing Plants Where specifically permitted in the By-law, a wayside pit or quarry or portable asphalt plant shall be subject to the following provisions: - the wayside pit or quarry shall be used by or on behalf of a Public Authority; - the wayside pit or quarry shall have a Certificate of Approval from the Ministry of Environment or its designate; - the wayside pit or quarry shall not be located closer than 120 metres (393.7 feet) from an existing residence; - a portable processing plant is permitted as an accessory use to the wayside pit or quarry; and, TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 39 - upon completion of the public project, the site shall be rehabilitated to its former use. 3.35 Zoning of Islands All islands are zoned Limited Service Residential (LR). The minimum lot size for development on an island is 0.8 hectares (2 acres). Long term secure mainland access shall be provided to the lot. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 40 Section 4 - Zone Provisions and Exceptions to Zones 4.1 Zone Provisions No person shall, within any of the Zones, use any land or erect or use any building or structure, except in accordance with the uses permitted in Table 4 - Permitted Uses and the provisions of Table 5 - Lot Regulations of this By-law. 41 Principal Use Waterfront Residential (WR) Limited Services Residential (LR) Rural (RU) General Commercial (CG) Tourist Commercial (CT) General Industrial (IG) Extractive Industrial (IE) Institutional (IN) Open Space (OS) EP Environmental Protection (EP) Provincially Significant Wetland (PSW) Floodplain (FP) Residential Dwelling, Duplex x Dwelling, Semi-Detached x Dwelling, Single Detached x x x x(1) x(1) x (1) Mobile Home x (1) Non-Residential Agricultural Use x x x (2) x x(1) x(1) x(1)(3) Building Supply and Lumber Outlet x x Bulk Fuel Depot x Camping Establishment x(1) Cartage, Transport or Bus Depot x Cemetery x x Commercial Nursery or Greenhouse x x Commercial Self Storage Facility x x Communications Tower x Community Centre x x x Conservation Use x x x x x x x x x x x x Convenience Store x Contractor's Establishment x Day Care Centre x Equestrian Facility x Farm Produce Sales Outlet x x Forestry Use x x x x x Funeral Home x Hunt Camp x Kennel x x x Light Equipment Sales & Rental Establishment x x x Manufacturing Plant x Marina x x Motor Vehicle Body Shop x x Motor Vehicle Dealership x Motor Vehicle Repair Garage x x Motor Vehicle Service Station x Ryerson Zoning By-law TABLE 4 - Permitted Uses for all Zones 42 Principal Use Waterfront Residential (WR) Limited Services Residential (LR) Rural (RU) General Commercial (CG) Tourist Commercial (CT) General Industrial (IG) Extractive Industrial (IE) Institutional (IN) Open Space (OS) EP Environmental Protection (EP) Provincially Significant Wetland (PSW) Floodplain (FP) Nursing Home x Office x Pit or Quarry x Place of Assembly x x Place of Worship x x Recreational Facility x x Restaurant x Retail Store x Salvage or Wrecking Yard x(1) Sawmill or Planning Mill x School x Service Shop, Light x x Service Shop, Personal x Tent & Trailer Park x(1) Tourist Establishment x Veterinary Clinic x x Warehouse x Waterfront Landing (9) x x x (3) Wayside Pit or Wayside Quarry x x x x x x Workshop x x Accessory Bed & Breakfast Establishment x x Convenience Store x (4) Day Care, Private Home x x Dwelling Unit in a Commercial building x(5) x(6) Dwelling, Single Detached x x(6) x Dwelling, Secondary x (10) Home Industry x Home Occupation x x x Office x x x x Open Storage x x Outdoor Display & Sales Area x x Place of Assembly x Recreational Facility x Restaurant x 43 Principal Use Waterfront Residential (WR) Limited Services Residential (LR) Rural (RU) General Commercial (CG) Tourist Commercial (CT) General Industrial (IG) Extractive Industrial (IE) Institutional (IN) Open Space (OS) EP Environmental Protection (EP) Provincially Significant Wetland (PSW) Floodplain (FP) Accessory Retail Store x(4) x x Other x (7) x (7) x(7)(8) NOTES: (1) existing on the date of passage of this by-law (2) excluding a dwelling (3) excluding any enclosed structure (4) to a maximum of 50 square metres (540 square feet) (5) except in a motor vehicle service station or repair garage, where no dwelling is permitted (6) provided a maximum of one dwelling is permitted on the property (10) The floor area of the secondary dwelling shall be a maximum 25% of the floor area of the single detached dwelling, and shall only be permitted on a lot greater than 1 hectare (2.5 acres) in area. (7) dock, pumphouse accessory to a permitted residential use on the same property where the residential use is permitted October 21, 2014 (8) subject to provisions of Section 4.4 (9) subject to provisions of Section 3.33 44 Requirement Waterfront Residential (WR) Limited Services Residential (LR) General Commercial (CG) Tourist Commercial (CT) General Industrial (IG) Extractive Industrial (IE) Institutional (IN) Open Space (OS) Environmental Protection (EP) Provincially Significant Wetland (PSW) Floodplain (FP) Frontage (minimum) 60 m (196.9 ft) 60 m (196.9 ft) 100 m (328 ft) 100 m (328 ft) 60 m (196.9 ft) 60 m (196.9 ft) 60 m (196.9 ft) 90 m (295.3 ft) 45 m (147.6 ft) n/a n/a n/a (2) Area (minimum) 4,000 sq m (43,060 sf) 4,000 sq m (43,060 sf) 10 ha (24.7 ac) 1 ha (2.47 ac) 1 ha (2.47 ac) 2 ha (4.9 ac) 1 ha (2.47 ac) 10 ha (24.7 ac) 4,000 sq m (43,060 sf) n/a n/a n/a (2) Front Yard 20 m (65.6 ft) 20 m (65.6 ft) 30 m (98.4 ft.) 30 m (98.4 ft) 15 m (49.2 ft) 30 m (98.4 ft) 15 m (49.2 ft) 30 m (98.4 ft) 6 m (19.7 ft) 15 m (49.2 ft) n/a n/a (1) Interior Side Yard 3 m (9.8 ft) 3 m (9.8 ft) 6 m (19.7 ft) 6 m (19.7 ft) 6 m (19.7 ft) 15 m (49.2 ft) 15 m (49.2 ft) 30 m (98.4 ft) 6 m (19.7 ft) 6 m (19.7 ft) n/a n/a (1) Exterior Side Yard 15 m (49.2 ft) 15 m (49.2 ft) 30 m (98.4 ft) 30 m (98.4 ft) 15 m (49.2 ft) 30 m (98.4 ft) 15 m (49.2 ft) 30 m (98.4 ft) 6 m (19.7 ft) 6 m (19.7 ft) n/a n/a (1) Rear Yard 10 m (32.8 ft) 10 m (32.8 ft) 15 m (49.2 ft) 15 m (49.2 ft) 15 m (49.2 ft) 30 m (98.4 ft) 15 m (49.2 ft) 30 m (98.4 ft) 10 m (32.8 ft) 10 m (32.8 ft) n/a n/a (1) Lot Coverage (%) (maximum) 10 10 5 10 50 25 25 5 15 5 0 Height (maximum) 10 m (32.8 ft) 10 m (32.8 ft) 10 m (32.8 ft) 10 m (32.8 ft) 12 m (39.4 ft) 12 m (39.4 ft) 12 m (39.4 ft) 12 m (39.4 ft) 12 m (39.4 ft) 5 m (16.4 ft) n/a n/a 10 m Dwelling Unit Area (minimum) 74 sq m (796.5 sf) 74 sq m (796.5 sf) 74 sq m (796.5 sf) 74 sq m (796.5 sf) 40 sq m (430.6 sf) 56 sq m (602.8 sf) 56 sq m (602.8 sf) (2) Landscaped Open Space (%) (minimum) 30 30 20 30 10 30 10 10 10 n/a n/a n/a 30 Number of dwelling units per lot (maximum) 1 1 2(4) 1 (3) 1(3) 1(3) 1 (2) Other (5) NOTES: (1) (2) (3) (4) (5) Rural (RU) All Other Residential Uses if a duplex or semi-detached dwelling, or secondary dwelling; otherwise, ony one single detached dwelling is permitted. October 21, 2014 Ryerson Zoning By-law Table 5 - Zone Requirements Table subject to the provisions of Section 4.4 all lot and yard requirements for existing uses shall remain as exisitng on the date of passing of this By-law. Yards (minimum) accessory dwelling unit to a permitted commercial use as exists on the date of passing of the By-law TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 45 4.2 Provisions for Limited Services Residential (LR) Zone and Rural (Ru) Zone with no year round maintained public road access 4.2.1 Properties in the Limited Services Residential (LR) zone are suitable for occasional or seasonal uses only. 4.2.2 Properties in the Rural (Ru) zone with no direct access or frontage to a year round maintained public road are suitable for occasional uses, with no dwellings permitted. 4.2.3 The Township does not guarantee or provide any level of access to any property within these zones by public road or to a public dock landing allowing water access to a property. Public Seasonal Roads will not be maintained or plowed in the winter and may also be impassable in the Spring season and following storms and other events causing damage. They will be the last to receive attention from road maintenance crews. Securing access to property within this zone is the sole responsibility of the landowner. 4.2.4 The Township does not guarantee fire protection and other emergency services. 4.2.5 The Township does not commit itself now or at any time in the future to: (a) provide any public road access to any property or to open, maintain or improve any public landing or dock; (b) upgrade any existing public road from Public Seasonal Road to Public Year Round Road; (c) to open, maintain or upgrade any public road or road allowance not designated as either Public Seasonal Road or Public Year Round Road in the schedules to this by-law; (d) to do or permit work by anyone on any road allowance (such work is expressly prohibited without consent of Council expressed in a resolution or by-law) to improve any road allowance and render it passable by any motor vehicle including snow machines and off-road vehicles; or (e) to provide or facilitate access to a property by emergency vehicles or school buses. 4.2.6 A Landowner seeking a building permit in the Limited Services Residential (LR) zone or for a hunt camp in the Rural (Ru) zone may be required to enter into an agreement with the Township acknowledging and incorporating the applicable provisions contained in Sections 4.2.1 through 4.2.5 inclusive. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 46 4.3 Environmental Protection Zone Special requirements Lands zoned Environmental Protection (EP) may be included in the calculation of lot area and yard requirements for a lot, except for lands below the high water mark. Setback and yard requirements shall be measured from the limit of the high water mark, provided that no building or structure is constructed within 3 metres (9.8 feet) of the boundary of the Environmental Protection (EP) zone. 4.4 Floodplain provisions: Lands which have been identified as lands which are susceptible to flooding or erosion by water or which have been zoned Magnetawan River Floodplain (FP) are subject to the following provisions. 4.4.1 Permitted Uses (a) Any existing dwelling or other existing building, structure or use located on a lot. (b) A dock, boat port, boat launch, detached deck, pumphouse. (c) A structure for flood or erosion control. (d) Recreational and resource management use. (e) Conservation or forestry use. (f) Agricultural use, excluding any enclosed structure. 4.4.2 Buildings in the floodplain: (a) any building of structure located in the Flood Plain (FP) Zone at the date of passing of this By-law is deemed to legally conform with the provisions of this By-law. Any replacement, restoration or reconstruction of such building or structure, shall be subject to all applicable provisions of this By-law and shall not result in an increase in the ground floor area. (b) On those lots which are only partially zoned Flood Plain (FP), buildings or structures which are replaced or reconstructed shall be relocated to that portion of the lot situated outside of the Flood Plain (FP) Zone provided that all other provisions of this By-law are adhered to, and such building or structure is not located in a Provincially Significant Wetland (PSW) or Environmental Protection (EP) Zone. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 47 (c) The provisions of the Limited Service Residential (LR) Zone apply to any development in the Floodplain. 4.4.3 Flood Elevations for Dwelling Building Openings and Access to Dwellings (a) In addition to any other provision of this By-law, any replacement, restoration, reconstruction of a dwelling permitted by this By-law shall not have a building opening lower than the Regulatory Flood Elevation or Minimum Building Opening Elevation, as specified in Tables 6 and 7. (b) Any part of any Private Road giving access to a dwelling shall be at the Regulatory Flood Elevation specified in Tables 6 and 7. (c) No building permit shall be issued for such works until plans complying with the Regulatory Flood Elevation specified in Tables 6 and 7 have been approved by the Township. Flood proofing in excess of 1.0 metre (3.3 feet) shall require plans prepared and approved by a qualified professional engineer. (d) All buildings and structures with the exception of a boatport, or dock which are constructed on lands adjacent to a watercourse, shall have the following minimum opening elevation: - Ahmic Lake - 281.47 metres (which includes a 0.46 m wave uprush in storm events); - Lake Cecebe - 284.16 metres (which is 0.50 metres above the regulatory flood elevation of 283.66 metres) - Doe Lake - 296.91 metres (which includes a 0.46 m wave uprush in storm events - Magnetawan River as shown on Tables 6 and 7. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 48 Table 6: 100 Year Flood Levels - Magnetawan River Regulatory Flood Elevations Segment Number Upstream Cross Section Number (m) 100 Year Flood Level (m) Description 1 Ryerson/Armour boundary 284.9 Estimated flood elevation. 2 27+401 284.73 d/s of Stirling Creek 3 26+401 284.69 Interpolated section 4 24+951 284.58 Interpolated section 5 23+851 284.57 Interpolated section 6 22+601 284.48 Spring Hill Road u/s section 7 22+301 284.44 Interpolated section 8 22+001 284.38 Interpolated section-911#561 9 21+701 284.33 Interpolated section-lot 2 10 21+486 284.32 Interpolated section-lots 9/8 11 21+271 284.29 Interpolated section-lots 18/17 12 21+056 284.28 Interpolated section-lot 23 13 20+841 284.26 Lower Spring Hill Road-lot 31 14 19+700 284.17 u/s of Midlothian Bridge 15 19+660 284.08 Midlothian Bridge u/s section 16 19+640 284.08 Midlothian Bridge d/s section 17 19+520 284.09 d/s of Midlothian Bridge 18 17+640 284.00 Interpolated section 19 17+090 283.96 Interpolated section 20 14+520 283.84 21 12+420 283.71 Interpolated section 22 11+930 283.71 Interpolated section 23 11+740 283.70 Interpolated section 24 11+460 283.70 Adjacent To Campground 25 11+000 283.63 Magnetawan River Confluence with Lake Cecebe Notes: 1. As identified on the Schedules to this By-law. TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 49 Table 7: Floodproofing Elevations for Lower Spring Hill Road Section River Station Location Flood Elev. (m) Recommended Minimum Building Opening Elevation (m) Recommended Road Grade (m) 7 22+301 Spring Hill Road -near 911# 483W 284.44 284.94 284.44 8 22+001 Spring Hill Road -near 911# 543 284.38 284.88 284.38 9 21+701 Spring Hill Road -near 911# 583 284.33 284.83 284.33 10 21+486 Spring Hill Road -near lots 8&9 284.32 284.82 284.32 11 21+271 Spring Hill Road- lots 17&18 284.29 284.79 284.29 12 21+056 Spring Hill Road -near lot 23 284.28 284.78 284.28 13 20+841 Spring Hill Road -near lot 31 284.26 284.76 284.26 TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 50 4.5 Exceptions to Zones Notwithstanding any provisions to the contrary in this By-law, the following provisions apply to the properties identified in the specific exception noted below: In all other respects, the provisions of this By-law continue to apply. Table 8 - Exceptions to Zones Exception Zone Location Schedule Text WR-1 Pt. Lots 17 & 18, Con. 11 & 12 D3 On lands zoned WR-1, the minimum setback from the high water mark is 30.5 metres (100 feet). All other applicable provisions of the WR zone continue to apply. RU-2 H3 On lands zoned RU-2, the minimum setback from the edge of Beggsboro Creek is 20 metres (65.6 feet) All other applicable provisions of the WR or RU zones continue to apply. WR-3 Pt. Lots 19 & 20, Con. 11 & 12 D3 On lands zoned WR-3, the minimum setback from the high water mark is 45.7 metres (150 feet). All other applicable provisions of the WR zone continue to apply. FP-4 E4 On lands zoned FP-4, a maximum of 8 trailer sites are permitted on the property. All other applicable provisions of the FP zone continues to apply. CT-5 Pt. Lot 17, Con. 12 C3 D3 On lands zoned CT-5, a maximum of 38 trailer sites are permitted on the property. All other applicable provisions of the CT zone continue to apply. LR-6 Pt. Lot 23, Con. 14 C2 On Lands zoned LR-6, the following provisions apply: - Minimum Lot Area shall be 0.3 hectares - Minimum Lot Depth shall be 75 metres - Minimum Lot Frontage shall be 46 metres. - Minimum Rear Yard for Lots 1 to 5 and Lot 8 shall be 44 metres - Minimum Rear Yard for Lots 6 & 7 shall be 15 metres - Minimum Front Yard for Lots 1, 2 and 5 to 8 shall be 10.7 metres - Minimum Front Yard for Lot 3 shall be 15.2 metres TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 51 Exception Zone Location Schedule Text - Minimum Front Yard for Lot 4 shall be 18.3 metres - Maximum Building Height shall be 9 metres - Maximum Lot Coverage shall be 15% - Maximum height of accessory building shall be 6 metres. All other applicable provisions of the LR zone continue to apply. WR-7 C2 On lands zoned WR-7, a waterfront landing is permitted, in accordance with the provisions of Section 4.4. All other applicable provisions of the WR zone continue to apply. RU-8 Pt. Lot 82, Con. A D1 On lands zoned RU-8, the following provisions apply: - The permitted uses shall be limited to no more than two single detached dwelling units which may be occupied only by staff employees and their families, and a workshop, provided the buildings are used in a manner accessory to the operation of a camping establishment whose main operation is located in Part of Lot 80, Concession B, Ryerson. - The minimum front yard shall be 50 metres. - The minimum rear yard shall be 200 metres. - The minimum side yard shall be 125 metres. - The maximum height for an accessory building/workshop shall be 10 metres. The accessory building/workshop may be permitted on the lands in advance of a principal building. - The maximum floor area for each dwelling shall be 200 square metres. - The maximum floor area for the workshop shall be 200 square metres. All other applicable provisions of the RU zone continue to apply. CT-9, EP-9, LR-9 Lot 4, Con. 3 F5, F6 G5, G6 On lands zoned CT-9, EP-9, or LR-9, the following provisions apply: - The permitted uses on the lands zoned CT-9 and EP-9 are limited to the following: o Tourist cottages not to exceed six in number; o Tourist campsites not to exceed 45 in number; and TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 52 Exception Zone Location Schedule Text o Commercial and recreational facilities used solely as an accessory use to the tourist cottages and campsites. - The permitted uses on the lands zoned LR-9 are as provided in the LR Zone, provided no building or structure is constructed within 6 metres of lands zoned EP-9. - No habitable building, dwelling unit, tourist cottage, sleep cabin, boathouse or boat dock may be erected or used within the areas zoned EP-9. - In addition to the permitted uses for the EP Zone, on the lands zoned EP-9, open space recreational uses and tent sites may be permitted. - No development or site alteration may be made on offshore fish/waterfowl habitat area s or within 6 metres of the shoreline in front of such habitat. All other applicable provisions of the CT, LR and EP zones continue to apply. WR-10 Pt. Lot 18, Con. 13, being Parts 1 & 2, PSR- 671 C3 On lands zoned WR-10, the following provisions apply: - The only permitted accessory structures are a shed with a maximum area of 8.4 square metres (90 square feet) or an approved dock with a maximum width of 2 metres (6.5 feet). No sleeping cabin is permitted. - The minimum lot frontage and area are deemed to comply. - The lot coverage shall not exceed 6.5 percent. - A lawn is prohibited within 23 metres (75 feet) of the shoreline. This area shall be maintained in a natural vegetative state where the ground cover consists of native plan species which are not cultivated or fertilized. - A two metre wide walkway giving access from the dwelling to the dock is permitted within the front yard. All other applicable provisions of the WR zone continue to apply. WR-11 Plan M-488 H2 On lands zoned WR-11, the following provisions apply: - The minimum setback from the high water mark TOWNSHIP OF RYERSON ZONING BY-LAW October 21, 2014 Page 53 Exception Zone Location Schedule Text is 30.5 metres (100 feet). - The minimum yard on the boundary of any lot which fronts upon Beggsboro Creek shall be 20 metres (66 feet). All other applicable provisions of the WR zone continue to apply. LR-12 Pt. Lot 18, Con. 2 H3 On lands zoned LR-12, the following provisions apply: - The minimum setback from the high water mark is 30 metres (98.4 feet). All other applicable provisions of the LR zone continue to apply. LR-13 Pt. Lot 13, Con. 6 F4 On lands zoned LR-13, the following provisions apply: - The front yard is the yard that is adjacent to the PSW and FP zone; - The rear lot line is the lot line dividing the property from the municipal road allowance. - All yards are measured from the boundary of the LR zone. All other applicable provisions of the LR zone continue to apply.