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TOWNSHIP OF
SABLES-SPANISH RIVERS
Zoning By-law
Tunnock Consulting Ltd.
Box 2032, 57 Foster Street
PERTH, Ontario, K7H 3M9
e-mail: [email protected]
P-2870
October 14, 2020
The Corporation of the Township of Sables-Spanish Rivers
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Township of Sables-Spanish Rivers. To
use this By-law, locate the subject property on the map schedules provided and
determine the zone(s) which affects the land. Then review the specific regulations
relating to the zone(s) in Section 5: Zones. It is also important to review Section 4:
General Provisions and any applicable definitions in Section 3: Definitions.
Changes to the requirements contained in this By-law may be made with prior approval
by the Township as provided for under the Planning Act. Significant changes may be
made through the zoning by-law amendment process. Minor variations may be granted
by the Township Committee of Adjustment. Both processes require formal applications
to be submitted to the Municipality and both involve mandatory public notification.
Should you have any questions about the interpretation of the wording of this by-law or
the process involved to obtain relief from its provisions, please contact the Township
Office.
Throughout the By-law some words are shown in black italicized script. These words
are defined in Section 3 (Definitions). If you are unsure as to what a particular word
means or what the scope of a permitted use includes, then refer to the alphabetical list
of definitions to assist you. This section also contains illustrations which are intended to
help with understanding the definition.
4
TOWNSHIP OF SABLES-SPANISH RIVERS
ZONING BY-LAW
FOREWORD ........................................................................................................................................................... 2
EXPLANATORY NOTE ......................................................................................................................................... 8
ZONING BY-LAW AMENDMENTS ....................................................................................................................... 8
MINOR VARIANCES ........................................................................................................................................................ 10
HOW TO USE THIS BY-LAW.............................................................................................................................. 10
SECTION 1 ADMINISTRATION ........................................................................................................................... 12
1.1
TITLE ............................................................................................................................................................. 12
1.2
APPLICATIONS AND PLANS ................................................................................................................................. 12
1.3
DEFINED AREA ................................................................................................................................................ 12
1.4
ENFORCEMENT ................................................................................................................................................ 12
1.5
INSPECTION OF LAND, BUILDINGS AND STRUCTURES ............................................................................................... 13
1.6
PENALTY ........................................................................................................................................................ 13
1.7
REPEAL AND RELATIONSHIP TO FORMER BY-LAWS .................................................................................................. 13
1.8
VALIDITY ........................................................................................................................................................ 14
1.9
OTHER BY-LAWS, LICENSES, PERMITS AND REGULATIONS ........................................................................................ 14
1.10
CONFLICT ....................................................................................................................................................... 14
1.11
INTERPRETATION ............................................................................................................................................. 14
1.12
EFFECTIVE DATE .............................................................................................................................................. 15
1.13
TECHNICAL REVISIONS TO THE ZONING BY-LAW ..................................................................................................... 15
SECTION 2 CONFORMITY REQUIREMENTS ....................................................................................................... 16
2.1
COMPLIANCE .................................................................................................................................................. 16
2.2
COMPLIANCE OF SEVERANCES ............................................................................................................................ 16
2.3
APPLICATION TO BUILDING ................................................................................................................................ 16
2.4
MINOR VARIANCES .......................................................................................................................................... 16
SECTION 3 DEFINITIONS ................................................................................................................................... 17
SECTION 4 GENERAL PROVISIONS..................................................................................................................... 72
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES .................................................................................................... 72
4.2
AUTO SERVICE STATION, GASOLINE BAR, CAR WASHING ESTABLISHMENT .................................................................. 75
4.3
BUILDINGS TO BE MOVED .................................................................................................................................. 75
4.4
CAMP ............................................................................................................................................................ 76
4.5
CHANGE OF USE .............................................................................................................................................. 76
4.6
CUMULATIVE STANDARDS ................................................................................................................................. 76
4.7
DAY NURSERIES ............................................................................................................................................... 76
4.8
EXCEPTION ZONE ............................................................................................................................................. 76
4.9
FARM USE ...................................................................................................................................................... 76
4.10
FENCES .......................................................................................................................................................... 77
4.11
FLOOD PLAIN, FILL AND CONSTRUCTION REQUIREMENTS ........................................................................................ 77
4.12
FRONTAGE ON A PUBLIC STREET OR PRIVATE ROAD ................................................................................................ 78
4.13
GARDEN SUITES .............................................................................................................................................. 79
4.14
GROUP HOMES ............................................................................................................................................... 79
4.15
HOME BASED BUSINESSES ................................................................................................................................. 79
4.16
ILLUMINATION ................................................................................................................................................ 82
4.17
LAND SUITABILITY FOR USE AND ORGANIC SOILS.................................................................................................... 82
4.18
LOADING REQUIREMENTS .................................................................................................................................. 82
4.19
MINE HAZARDS ............................................................................................................................................... 83
4.20
MINIMUM DISTANCE SEPARATION, INFLUENCE AREAS AND SPECIAL SETBACKS ............................................................ 83
5
4.21
NATURAL HERITAGE FEATURES ........................................................................................................................... 86
4.22
NATURAL VEGETATION BUFFER .......................................................................................................................... 88
4.23
NON-CONFORMING AND NON-COMPLYING USE ................................................................................................... 89
4.24
OCCUPANCY RESTRICTIONS ................................................................................................................................ 90
4.25
OUTSIDE STORAGE, SALES AND DISPLAY ............................................................................................................... 90
4.26
PARKING AND STORAGE OF VEHICLES AND DRIVE-THROUGH FACILITIES ...................................................................... 91
4.27
PARTS OF BUILDINGS OR STRUCTURES PERMITTED ABOVE HEIGHT LEVEL ................................................................... 98
4.28
PERMITTED PROJECTIONS .................................................................................................................................. 98
4.29
PROHIBITED USES ............................................................................................................................................ 99
4.30
SIGHT TRIANGLES .......................................................................................................................................... 100
4.31
SIGNS .......................................................................................................................................................... 100
4.32
STORAGE CONTAINERS IN A RESIDENTIAL ZONE ................................................................................................... 100
4.33
STORAGE CONTAINERS IN A NON-RESIDENTIAL OR RURAL ZONE ............................................................................. 100
4.34
STREETS AND PARKS ....................................................................................................................................... 102
4.35
TEMPORARY BUILDINGS OR STRUCTURES DURING CONSTRUCTION .......................................................................... 102
4.36
USE BY PUBLIC AUTHORITY OR PUBLIC UTILITY .................................................................................................... 102
4.37
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS ................................................................................................ 103
4.38
YARD SALE ................................................................................................................................................... 103
4.39
ZONES APPLYING TO MORE THAN ONE PROPERTY ............................................................................................... 103
SECTION 5 ZONES ........................................................................................................................................... 104
5.1
ZONE CLASSIFICATION .............................................................................................................................. 104
5.2
ZONES ....................................................................................................................................................... 104
5.3
INTERPRETATION OF ZONE BOUNDARIES ................................................................................................. 105
5.4
GENERAL RESIDENTIAL - R1 ...................................................................................................................... 106
5.4.1
PERMITTED USES ........................................................................................................................................... 106
5.4.2
ZONE REQUIREMENTS .................................................................................................................................... 106
5.4.3
ADDITIONAL PROVISIONS ................................................................................................................................ 107
5.4.4
EXCEPTION ZONES (SEE ALSO SECTION 6) ........................................................................................................... 108
5.5
MULTIPLE RESIDENTIAL - R2 ..................................................................................................................... 109
5.5.1
PERMITTED USES ........................................................................................................................................... 109
5.5.2
ZONE REQUIREMENTS .................................................................................................................................... 109
5.5.3
ADDITIONAL PROVISIONS ................................................................................................................................ 110
5.5.4
EXCEPTION ZONES ......................................................................................................................................... 110
5.6
RESOURCE RECREATION - RR .................................................................................................................... 111
5.6.1
PERMITTED USES ........................................................................................................................................... 111
5.6.2
ZONE REQUIREMENTS .................................................................................................................................... 111
5.6.3
ADDITIONAL PROVISIONS ................................................................................................................................ 112
5.6.4
EXCEPTION ZONES (SEE ALSO SECTION 6) ........................................................................................................... 113
5.7
MOBILE HOME PARK - MHP ...................................................................................................................... 115
5.7.1
PERMITTED USES ........................................................................................................................................... 115
5.7.2
ZONE REQUIREMENTS .................................................................................................................................... 115
5.7.3
ADDITIONAL PROVISIONS ................................................................................................................................ 116
5.8
GENERAL COMMERCIAL - C ....................................................................................................................... 117
5.8.1
PERMITTED USES ........................................................................................................................................... 117
5.8.2
ZONE REQUIREMENTS .................................................................................................................................... 118
5.8.3
ADDITIONAL PROVISIONS ................................................................................................................................ 118
5.8.4
EXCEPTION ZONES ......................................................................................................................................... 119
5.9
RURAL COMMERCIAL - CR ......................................................................................................................... 120
5.9.1
PERMITTED USES ........................................................................................................................................... 120
5.9.2
ZONE REQUIREMENTS .................................................................................................................................... 121
6
5.9.3
ADDITIONAL PROVISIONS ................................................................................................................................ 121
5.9.4
EXCEPTION ZONES (SEE ALSO SECTION 6) ........................................................................................................... 122
5.10
LOCAL COMMERCIAL - CL ..................................................................................................................... 123
5.10.1
PERMITTED USES ........................................................................................................................................... 123
5.10.2
ZONE REQUIREMENTS .................................................................................................................................... 123
5.10.3
ADDITIONAL PROVISIONS ................................................................................................................................ 124
5.10.4
EXCEPTION ZONES ......................................................................................................................................... 124
5.11
LIGHT INDUSTRIAL - M1 ....................................................................................................................... 125
5.11.1
PERMITTED USES ........................................................................................................................................... 125
5.11.2
ADDITIONAL PROVISIONS ................................................................................................................................ 126
5.11.3
EXCEPTION ZONES ......................................................................................................................................... 126
5.12
MEDIUM INDUSTRIAL - M2 .................................................................................................................. 127
5.12.1
PERMITTED USES ........................................................................................................................................... 127
5.12.2
ZONE REQUIREMENTS .................................................................................................................................... 127
5.12.3
ADDITIONAL PROVISIONS ................................................................................................................................ 128
5.12.4
EXCEPTION ZONES (SEE ALSO SECTION 6) ........................................................................................................... 128
5.13
RURAL INDUSTRIAL - M3 ...................................................................................................................... 129
5.13.1
PERMITTED USES ........................................................................................................................................... 129
5.13.2
ZONE REQUIREMENTS .................................................................................................................................... 129
5.13.3
ADDITIONAL PROVISIONS ................................................................................................................................ 129
5.13.4
EXCEPTION ZONES ......................................................................................................................................... 130
5.14
MINERAL AGGREGATE RESOURCE - MX ................................................................................................ 131
5.14.1
PERMITTED USES ........................................................................................................................................... 131
5.14.2
ZONE REQUIREMENTS .................................................................................................................................... 131
5.14.3
ADDITIONAL PROVISIONS ................................................................................................................................ 131
5.14.4
EXCEPTION ZONES ......................................................................................................................................... 132
5.15
WASTE MANAGEMENT FACILITY - WMF ............................................................................................... 133
5.15.1
PERMITTED USES ........................................................................................................................................... 133
5.15.2
ZONE REQUIREMENTS .................................................................................................................................... 133
5.15.3
ADDITIONAL PROVISIONS ................................................................................................................................ 133
5.15.4 EXCEPTION ZONES ............................................................................................................................................... 133
5.16
MINING - MR ........................................................................................................................................ 134
5.16.1
PERMITTED USES ........................................................................................................................................... 134
5.16.2
ZONE REQUIREMENTS .................................................................................................................................... 134
5.16.3
ADDITIONAL PROVISIONS ................................................................................................................................ 134
5.16.4
EXCEPTION ZONES ......................................................................................................................................... 135
5.17
SALVAGE YARD - MSR .......................................................................................................................... 136
5.17.1
PERMITTED USES ........................................................................................................................................... 136
5.17.2
ZONE REQUIREMENTS .................................................................................................................................... 136
5.17.3
ADDITIONAL PROVISIONS ................................................................................................................................ 136
5.17.4
EXCEPTION ZONES ......................................................................................................................................... 137
5.18
RURAL - R ............................................................................................................................................. 138
5.18.1
PERMITTED USES ........................................................................................................................................... 138
5.18.2
ZONE REQUIREMENTS .................................................................................................................................... 139
5.18.3
ADDITIONAL PROVISIONS ................................................................................................................................ 140
5.18.4
EXCEPTION ZONES (SEE ALSO SECTION 6) ........................................................................................................... 140
7
5.19
ENVIRONMENTAL PROTECTION - EP .................................................................................................... 142
5.19.1
PERMITTED USES ........................................................................................................................................... 142
5.19.2
ZONE REQUIREMENTS .................................................................................................................................... 142
5.19.3
ADDITIONAL PROVISIONS ................................................................................................................................ 142
5.19.4
EXCEPTION ZONES ......................................................................................................................................... 143
HERITAGE - H ..................................................................................................................................................... 144
5.20.1
PERMITTED USES ........................................................................................................................................... 144
5.20.2
ZONE REQUIREMENTS .................................................................................................................................... 144
5.20.3
ADDITIONAL PROVISIONS ................................................................................................................................ 144
5.20.4
EXCEPTION ZONES ......................................................................................................................................... 144
5.21
AGRICULTURAL - A ............................................................................................................................... 145
5.21.1
PERMITTED MAIN USES .................................................................................................................................. 145
5.21.2
PERMITTED ACCESSORY USES, BUILDINGS AND STRUCTURES .................................................................................. 145
5.21.3
ZONE REQUIREMENTS .................................................................................................................................... 145
5.21.4
ADDITIONAL PROVISIONS ................................................................................................................................ 146
5.21.5
EXCEPTION ZONES ......................................................................................................................................... 146
SECTION 6 EXCEPTIONS TO ZONES ................................................................................................................. 147
8
Explanatory Note
The purpose of this By-law is to implement the Official Plan of the Township of Sables-
Spanish Rivers and to regulate the use of land and the character, location and use of
buildings and structures in the Township of Sables-Spanish Rivers. This By-law applies
to all land within the Township of Sables-Spanish Rivers.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law
conforms conform to the Official Plan for the Township of Sables-Spanish Rivers.
After the date of adoption of this By-law, any new development, redevelopment or
alteration to an existing use or building must comply with the regulations of this By-law
before a building permit can be issued. Applicants are encouraged to pre-consult with the
Township on how the zoning regulations apply.
Changes to the regulations contained in this By-law may be made with prior approval
from the Township as provided for under the Planning Act. Changes may require an
amendment to the Zoning By-law.
Zoning By-law Amendments
The Zoning By-law may be amended where the proposed amendment complies with the
Township's Official Plan. In accordance with the requirements of Section 34 of the
Planning Act, the usual procedure for amendments involves the following steps:
1.
The person or public body wishing to amend the Zoning By-law must consult with
the municipality before making an application. The application may then be made
to the Clerk of the Corporation of the Township of Sables-Spanish Rivers to amend
the By-law under (subsection 34(10.0.1) of the Planning Act). Applications are
available from the Township office (11 Birch Lake Road, MASSEY, ON P0P 1P0)
or on the Township's website www.sables-spanish.ca
2.
Designated staff will determine whether the application is a 'complete' application.
Additional information, reports or studies may be required to support the proposed
amendment before the application is considered complete. Applicants are required
to submit a public consultation strategy as part of the application. Council has 30
days from the date of application to determine whether the application is complete
(s. 34(10.1-10.3)). A complete application also requires that the Township's
application fee is paid.
3.
Once the application is considered complete, staff circulates to the applicant and
prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If
Council deems an application incomplete or does not make a decision within 30
days from the date of application, the person or public body may appeal to the
Local Planning Appeal Tribunal (LPAT) to determine whether the application is
complete (s. 34(10.5).
4.
If an application is considered complete, staff advertises that a Public Meeting will
be held in order to consider an amendment to the Zoning By-law. Advertisement
is given 20 days in advance of the public meeting (s. 34(12-13, 14.1)). The
advertisement may be placed in the local newspaper, or may be mailed, faxed or
emailed to all property owners within 120 m of the property affected by the
9
application. Where the notice is mailed, the applicant must also post a notice in a
location on the property to be zoned that is visible from the adjacent street.
5.
Council holds a Public Meeting and evaluates the appropriateness of the proposed
amendment. Council considers the proposal's conformity with the Official Plan,
adequacy of services, conformity with the provisions of the requested zone,
suitability of the proposed use in the proposed location, public input, etc. The
application must also be consistent with the Provincial Policy Statement and must
also comply with the Growth Plan for Northern Ontario. If the application is
considered satisfactory, the amending By-law is passed by Council.
6.
Within 15 days of the passing of the by-law, the Clerk will give written notice of the
decision of Council through a notice by mail, fax or email to the applicant, to the
Ministry of Municipal Affairs and Housing and to anyone who made a written
request to receive notice of the decision (s. 34(10.9, 18)).
7.
If Council refuses the application and does not amend the zoning by-law, the Clerk
must give written notice with reasons to the applicant. The notice must be given
within 15 days of Council's decision.
8.
Any person who gave their opinion at a public meeting or who submitted their
concerns in writing to the Clerk before the by-law was passed may appeal the
decision of Council to the Local Planning Appeal Tribunal. The appeal must be
filed with the clerk within the 20-day appeal period set out in the notice of the
passing of the Zoning By-law amendment (s. 34(19)) and must include applicable
payment by cheque, payable to the Minister of Finance. If a person does not make
an oral or written submission prior to council passing the by-law, they may not
appeal Council's decision.
9.
If Council refuses to approve the application or Council does not make a decision
within 150 days from the date the application the person or public body may appeal
to the Local Planning Appeal Tribunal (s. 34(11)). An appeal of a refusal must be
made within 20 days of the date of the decision or within 20 days of the lapsing of
the 150-day period (s. 34(11, 11.0.2)).
10.
Where an appeal is made, Council may opt for mediation or dispute resolution to
resolve the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation
by the appellant(s) is voluntary but where agreed to, the period for mediation is 75
days.
11.
An amendment to the Zoning By-law takes effect on the day the by-law was passed
by Council provided no appeal is filed.
12.
If a decision or lack of a decision is appealed to the Local Planning Appeal Tribunal,
the Tribunal can make any decision the Council of the Township had in regard to
the specific application (s. 34(26)). In other words, the LPAT can approve, or refuse
the application or approve the application in part.
10
How long does a zoning By-law amendment take to be approved?
Upon the receipt of a complete application (including any required supporting studies), a
zoning By-law amendment usually takes 2-3 months to complete. The level of complexity
and issues related to the proposal will affect the time line.
Minor Variances
A minor variance may be granted to the zoning by-law where the size or shape or other
conditions prevent an applicant from meeting the zoning standards provided the criteria
can be met. Criteria for evaluating of Minor Variances are set out in section 45(1) of the
Planning Act):
(1)
The general intent and purpose of the Official Plan are maintained;
(2)
The general intent and purpose of the Zoning By-law are maintained;
(3)
The variance is minor; and
(4)
The proposed use of land, building or structure is desirable for appropriate
development.
An application for a minor variance must meet all of the above four tests to be approved
in addition to any other criteria that the Township has established. Where a proposed
variance is not minor or cannot satisfy the criteria for a minor variance, an amendment to
this Zoning By-law may be required. Applications for a minor variance are available from
the Township office (11 Birch Lake Road, Box 5, Site 1, MASSEY, ON P0L 1P0) or on
the Township's website www.sables-spanish.ca
How long does a minor variance application take to be approved?
Upon the receipt of a complete application a minor variance application usually takes 1-
2 months to complete. The level of complexity and issues related to the proposal will
affect the time line.
How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to locate the
property you are interested in. Identify the zone symbol that applies to that
property. Zone examples include R1, C, and M1 etc.
Step 2 - Verify status of any Zoning By-law Amendments
A Zoning by-law is not a static document; it is amended over time as demands
and policies governing land use change. Before proceeding any further, you
should verify that your property is not the subject of an earlier Zoning By-law
Amendment. While the Township strives to keep the By-law up-to-date, more
recent amendments may not be included in the version of the By-law you are
using. Township staff will be able to assist you to confirm if your property has
been the subject of a more recent amendment.
11
Step 3 - Determine What Uses are Permitted in the Zone
Use the Permitted Uses section of the Zone to determine what use(s) is/are
permitted in the Zone. Run your finger down the list to find the use you are
interested in. If you find the use you are interested in, it is permitted in the Zone.
Otherwise, it is not permitted in that Zone.
Step 4 - Determine What Zone Regulations Apply
Once the use is determined to be permitted, move down to the Zone Regulations
section. In this section the regulations will indicate what the minimum regulations
will be, i.e. minimum lot area, lot frontage, building setbacks etc. These standards
will help you determine where you can locate a building or structure on your lot.
Step 5 - Determine if any General Provisions Apply
Development of the property may be affected by Section 4 (General Provisions).
General Provisions can apply to any zone anywhere in the municipality. This
section contains provisions that apply to such matters as Accessory Uses, Height
Exceptions, Home Based Businesses, parking etc. Use this section to determine
how a particular land use might be affected.
For example, Section 4.26 provides the parking requirements for all uses
permitted in the Township. If you are considering changing the use of your
property or adding a new use to your property, you should review Section 4.26 to
ensure that you are aware of the parking requirements.
Step 6 - Clarify the Meaning of a Use
Throughout the By-law some words are shown in black italicized script. These
words are defined in Section 3 (Definitions). If you are unsure as to what a
particular word means or what the scope of a permitted use includes, then refer
to the alphabetical list of definitions to assist you. This section also contains
illustrations which are intended to help with understanding the definition.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 12 -
as amended by Bylaw 2010-51 & 2020-41
Section 1 ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It names
the By-law, states its relationship with other by-laws, defines the area to which it applies,
how it is to be enforced, etc. In essence, it identifies the legal parameters within which
the By-law functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2003-15 of the
Corporation of the Township of Sables-Spanish Rivers.
1.2
Applications and Plans
1. In addition to the requirements of any Building By-law, every application for a
building permit shall be accompanied by a plan, drawn to scale and showing the
following:
2. The true dimensions and/or legal description of the lot to be built upon or otherwise
used;
3. The proposed location, height and dimensions of any building, structure or use
proposed for such lot;
4. The proposed location, height and dimensions of yards, landscaping, parking areas
and loading spaces required by this By-law;
5. The location of all existing buildings or structures on the lot, including the lot area,
lot coverage of existing and proposed structures;
6. A statement, signed by the owner disclosing the exact use of all existing and
proposed uses of land, buildings or structures and such other information as may
be required to determine whether the uses conform with the requirements of this
by-law.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of
the Corporation of the Township of Sables-Spanish Rivers.
1.4
Enforcement
This By-law shall be enforced by the By-law Enforcement Officer or such other person as
may from time to time be designated by Council, and no permit for the use of land or for
the erection or use of any building or structure or approval of application for any municipal
license within the jurisdiction of the Council shall be issued or given where the proposed
building, structure or use would be a violation of any provision of this By-law.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 13 -
as amended by Bylaw 2010-51 & 2020-41
1.5
Inspection of Land, Buildings and Structures
1.
Subject to Section 49 of the Planning Act, 1990, where the By-law Enforcement
Officer believes on reasonable grounds that a by-law passed under Section 34 or
38 (of the Planning Act) is being contravened, the officer or any person acting
under his or her instructions, may at all reasonable times, and upon producing
proper identification, enter and inspect any property on or in respect of which he
or she believes the contravention is occurring.
2.
Except under the authority of a search warrant issued under Section 49.1 (of the
Planning Act), an officer or any person acting under his or her instructions shall
not enter any room or place actually used as a dwelling unit without requesting
and obtaining the consent of the occupier, first having informed the occupier that
the right of entry may be refused and entry made only under the authority of a
search warrant.
3.
No person shall obstruct or attempt to obstruct an officer or person acting under
the officer's instructions in the exercise of a power under this Section.
1.6
Penalty
1.
Every person who violates any of the provisions of this By-law is guilty of an
offense and upon conviction thereof shall forfeit and pay a penalty not exceeding
Twenty-Five Thousand Dollars ($25,000.00), on a first conviction, and Ten
Thousand Dollars ($10,000.00) on a subsequent conviction for each day or part
thereof upon which the contravention has continued after the day of the first
conviction.
2.
Where a corporation is convicted under subsection (a), the maximum penalty
that may be imposed is Fifty Thousand Dollars ($50,000.00) on a first conviction
and Twenty Five Thousand Dollars ($25,000.00) on a subsequent conviction for
each day or part thereof upon which the contravention has continued after the
day of the first conviction.
3.
In the case where any building or structure is erected or altered, or any part
thereof is used, or any lot is used, in contravention of any of the requirements
of this By-law, such contravention may be restrained by action at the instance
of any ratepayer or of the Corporation pursuant to the provisions of the Municipal
Act or the Planning Act in that behalf.
1.7
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed under
Section 34 of the Planning Act, 1990, or its predecessor, are hereby repealed.
The adoption of this By-law shall not prevent any pending or future prosecution of, or
action to abate any existing violation of the said By-laws if the violation is also a violation
of any of the provisions of this By-law.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 14 -
as amended by Bylaw 2010-51 & 2020-41
1.8
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the provisions of
this By-law as a whole or any part thereof other than the part declared to be invalid.
1.9
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the area affected by this By-law, or from applying for and
obtaining any permit, license, permission, authority or approval required by this or any
other By-law or regulation of the Corporation or by any other law in force from time to
time. This by-law shall not be deemed to prohibit the installation of alternative energy
systems as defined in subsection 1 (1) of the Planning Act which are exempt from the
provisions of the Planning Act except as set out in subsection 62.0.2 of the Act. (Note:
exemptions to the installation of alternative energy systems such as wind turbines, solar
collectors, geothermal systems, anaerobic digesters from zoning controls arise from the
proclamation of the Green Energy and Green Economy Act, 2009.)
1.10 Conflict
In the event of conflict between this By-law and amendments thereto, and any general or
special By-law, the most restrictive By-law shall prevail.
1.11 Interpretation
1.
Legislation Act
The Legislation Act, R.S.O. 2006 applies to this By-law.
2.
Definitions
Definitions are given in this By-law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By-law. They are not
to be used to avoid an obligation imposed by the By-law or any requirement
enacted in a substantive provision of the By-law.
3.
Citation
This By-law may be cited by its long title ("A By-law to Regulate the Use of Land,
Buildings and Structures within the Township of Sables-Spanish Rivers"), its
short title ("Township of Sables-Spanish Rivers Zoning By-law") or its by-law
number, and any such citation is to be taken as meaning the By-law as
amended.
4.
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one gender
includes the other.
5.
Plural and Singular
In this By-law, words in the singular include the plural, and words in the plural
include the singular.
6.
References
Appendices, footnotes, glossaries, headings, indices, marginal notes and
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 15 -
as amended by Bylaw 2010-51 & 2020-41
references to former enactments or enabling legislation after a section or other
division of the By-law, do not form part of the By-law and are inserted for
convenience of reference only.
7.
Measurement Units
This By-law utilizes the metric system to establish measurements when such
measurements form part of a regulation or a requirement.
1.12 Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act.
1.13 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:
1.
Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the By-law.
2.
Adding or revising technical information on the zoning maps or schedules that
does not affect the zoning of lands including, but not limited to, matters such as
updated and correcting infrastructure information, keys, legends or title blocks.
3.
Changes to appendices, headings indices, marginal notes, table of contents,
illustrations, historical or reference information, page numbering, footers or
headers, which do not form part of this By-law and are editorially inserted for
convenience or reference only.
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Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Section 2 CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority and legitimacy of the By-law. It is composed
of two statements which establish the primacy of the regulations stated within.
2.1
Compliance
No land, building or structure shall be used and no building or structure shall be
erected or enlarged or placed for any purpose within the area defined by this By-law,
except as specifically, or by necessary implication, authorized by this By-law and in
conformity with all the applicable provisions of this By-law.
2.2
Compliance of Severances
Subject to the granting of such minor variances as may be necessary, no lands shall be
severed from any existing lot if the effect of such action is to cause the original, adjoining,
remaining or new building, structure, lot or use of land to be in contravention of any
provision of this By-law.
2.3
Application to Building
Where a use does not take place within a building, but a regulation in this By-law imposes
a requirement premised on the use being in a building, the requirement applies as though
the actual area occupied by the use was in a building.
2.4
Minor Variances
All minor variances applied for prior to the enactment of this By-law and finally approved
pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall
continue to apply and remain in force as if they are variance to this By-law.
In addition to the criteria set out in Section 45 (1) of the Planning Act, the following
additional criteria shall be considered in the review of applications for a minor variance:
1. Development must generally conform to policies and zoning for shoreline
vegetation buffer.
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Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Section 3 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this Section
shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the
singular include the plural, words in the plural include the singular; the word "used"
includes "arranged", "designed" or "intended to be used". The word "occupied" shall
include "designed to be occupied" and "arranged to be occupied".
3.A
Abattoir
Means a building specifically designed to accommodate the penning and slaughtering
of live animals and the preliminary processing of animal carcasses and may include the
packing, treating, refrigeration and sale of the product on the premise.
Accessory
When used to describe a use, building or structure, means a use, building or structure
naturally or normally incidental, subordinate and exclusively devoted to a main use,
building or structure and located on the same lot therewith.
Adventure Game
Means an outdoor sport or recreation operated commercially in which participants attempt
to capture a flag or some other object and return it to their home base, and may carry one
or more of the following equipment: paint pellet pistols with a CO2 cartridge, paint pellets,
safety goggles to prevent pellets from striking participants' eyes, and armbands to identify
team participants.
Adverse Effects
Means one or more of:
1.
Impairment of the quality of the natural environment for any use that can be made
of it;
2.
Injury or damage to property or plant and animal life;
3.
Harm or material discomfort to any person;
4.
An adverse effect on the health of any person;
5.
Impairment of the safety of any person;
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as amended by Bylaw 2010-51 & 2020-41
6.
Rendering any property or plant or animal life unfit for use by humans;
7.
Loss of enjoyment of normal use of property; and
8.
Interference with normal conduct of business.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite,
rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt,
talc, wollastonite, mine tailings or other material prescribed under the Mining Act.
Agriculturally Related Commercial/Industrial Uses
Means the use of land, buildings or structures related to agriculture and necessary in
close proximity to farm operations, such as animal husbandry services, produce or grain
storage facilities, farm machinery outlets, a fertilizer depot, but does not include any
manufacturing, assembling, processing, warehousing or construction uses.
Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
1.
The growing of crops, including all related activities such as soil preparation,
manure or fertilizer storage and application, planting, spraying, grain drying,
irrigating, harvesting and also including the storage and sale of the crops;
2.
Animal husbandry including the raising, boarding, and keeping of all forms of
livestock and fish, and all related activities such as breeding, training, feeding,
manure storage and grazing;
3.
The production of animal products such as milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage and sale of the products;
4.
The use and storage of all forms of equipment or machinery needed to accomplish
the foregoing activities.
An Agricultural Use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, or manufacturing and
processing activities involving farm crops or animal products such as cheese factories,
grain mills or retail seed sales.
Agricultural Use Building
Means a building designed or used for an agricultural use and shall include such uses
or structures as a barn, silo, shed and machine shed.
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as amended by Bylaw 2010-51 & 2020-41
Alter
1.
When used in reference to a building, structure or part thereof, means:
a)
To change any one or more of the external dimensions of such building or
structure; or
b)
To change the type of construction of the exterior walls or roof of such building
or structures; or
c)
To change the use of such building or structure or the number or types of uses
or dwelling units contained therein.
2.
When used in reference to a lot means:
a)
To change the boundary of such lot with respect to a street or lane; or
b)
To change any dimension or area, relating to such lot; or
c)
To change the use of such lot or the number of uses located thereon.
3.
When used in reference to a shoreline:
a)
Means to change, straighten, divert or interfere in any way with the channel of
any watercourse.
Ambulance Facility
Means a building or part of a building where professional paramedics are stationed and
their vehicles and equipment are kept.
Animal Day Care Establishment
Means a commercial premise used for a day care service for domestic pets, but shall
not include an animal shelter or kennel.
Animal Shelter
Means a building, structure where animals, birds or other livestock are examined or
treated and which may be kept on a short term basis, and may include the premises of
a veterinarian or veterinary surgeon.
Attached
Means a building or structure otherwise complete in itself which is connected to, and
which depends for structural support upon a division wall or walls shared in common with
an adjacent building or buildings.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Auction Hall
Means a premise used for the storage of goods or materials which are to be sold on the
premises by public auction and for the sale of the said goods and materials by public
auction.
Auto Body Shop
Means a building with a service bay, where painting, refinishing, restoration or repairs to
the coach works of motor vehicles are performed for gain or profit.
Auto Repair Garage
Means a building used for the storage repair and servicing of motor vehicles, having at
least one (1) service bay where repairs essential to the actual operation of a motor
vehicle are performed.
Auto Service Station
Means a place for supplying fuel, oil and minor accessories for motor vehicles at retail,
direct to the consumer and having at least one (1) service bay where repairs to the actual
operation of motor vehicles may be performed. If more than two (2) motor vehicles are
kept on the premises for the purpose of selling such vehicles, then such establishment
shall also be classified as an automotive sales establishment.
Automotive Sales Establishment
Means a building and/or lot used principally for the display and sale of new and/or used
motor vehicles and may include the servicing, repair, cleaning, body repair and repainting
of motor vehicles, the sale of automotive accessories and related products and the
leasing or renting of motor vehicles, but shall not include any other defined automotive
uses.
3.B
Backlot
Means a lot which is separated from the shoreline by both an intervening waterfront lot
and a street or private road.
Balcony
Means an open platform projecting from the face of a building's wall, cantilevered or
supported by columns or brackets and surrounded by a balustrade or railing.
Bank
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Means a chartered bank, finance company office, co-op, trust company, loan company or
similar financial establishment.
Barrier Free
Means that which can be approached, entered and used by persons with physical or
sensory disabilities
Basement
Means a storey or storeys of a building located below the first storey. The first storey is
the storey with its floor closest to grade and having its ceiling more than 1.8 m [5 ft. 11
in] above grade (see illustration).
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used
in building or construction and includes facilities for the administration or management of
the business, the stockpiling of bulk materials used in the production process of finished
products manufactured on the premises and the storage and maintenance of required
equipment.
Bed and Breakfast Establishment
Means a private dwelling designed to be used in part for the accommodation of the
travelling or vacationing public, containing therein suites or guest rooms.
Bingo Hall
Means a building or premise or part thereof used for bingo or a bingo event and is duly
registered under the Gaming Control Act and is in compliance with municipal by-laws and
approvals.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 22 -
as amended by Bylaw 2010-51 & 2020-41
Boat House
Means a building or structure or part thereof not over 4.8 m [15.7 ft.] in height, used for
the storage of private boats and equipment accessory to their use, as an accessory use
to a residential use, no part of which shall be used for any residential or commercial
purpose. Despite anything in the foregoing to the contrary, rooftop decks or patios and
screened enclosures (i.e. gazebos) shall be allowed provided that the total aggregate
height of all boat house structures does not exceed the maximum height limit by more
than 1.2 m [4.0 ft.].
Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats,
marine vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a
dock, boat house or other mooring facility.
Brewery or Winery
Means a building used primarily for the manufacturing, processing and distribution of
beer, cider and wine and may include an accessory retail outlet.
Building
Means any structure used or intended for sheltering any use or occupancy. The word
"building" shall include the whole of such structure or part thereof and shall include any
building types as regulated by the Ontario Building Code.
Building Height
Means the vertical distance between the average finished grade at the base of the
building and in the case of a flat roof, the highest point of the roof surface or parapet
wall, whichever is the highest, or in the case of all other types of roofs, the mean height
level between the base of the roof and highest point of the roof (see illustration, p. 12).
Main Building
Accessory
Building
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Building, Main
Means a building in which is conducted the principle uses of the lot on which it is situated
(see illustration).
Building, Mixed Use
Means a building containing more than one land use (e.g. retail commercial and
residential, office and residential, industrial and retail) that is designed and constructed
as a single building.
Building, Temporary
Means a building or structure intended for removal or demolition within a prescribed
time not exceeding two years or as set out in a building permit.
Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning, home improvement and similar goods are
stored, displayed, or kept for retail sale. This definition shall not include a lumber yard or
a salvage yard.
3.C
Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on
a temporary basis for persons engaged in such activities as hunting, fishing,
snowmobiling, hiking or other similar forms of recreation.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Camp, logging
Means an area of land including buildings and structures specifically designed as non-
permanent living quarters for persons employed in the removal, cutting, debarking or
harvesting of timber for commercial purposes or ancillary services and may include a
dormitory, lodging or sleeping facilities, sanitary and eating facilities and accessory uses
directly related to meeting the needs of occupants including but not limited to a
Laundromat, recreational facilities, concession selling personal effects and food stuffs
and a park.
Campground
Means an area of land, managed as a unit, providing short term accommodation for tents,
recreational vehicles or campers but shall not include mobile homes, park model
trailers or a mobile home park.
Cannabis
Means a cannabis plant, including the phytocannabinoids produced by or found in
such a plant regardless of whether that part has been processed or not and any
substance or mixture of substances that contains or has on it and part of such a plant
and any substance that is identical to a phytocannabinoid produced by or found in
such a plant regardless of how the substance was obtained.
Cannabis Retail Store or Dispensary
Means any use of land, building, structure or part thereof used for the retail sale
of cannabis or any product or substance produced in whole or part from cannabis,
and shall be deemed to include a licensed Ontario Cannabis Retailer under the
Ontario Cannabis Retail Corporation Act, 2017.
Car Port
Means a structure open on at least two
sides and intended to be used for the
sheltering of one or more motor vehicles
(see illustration).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Car Washing Establishment
Means a building or portion thereof used for washing or cleaning of motor vehicles for
gain, and may include the sale of gas and oil to its customers.
Catering Establishment
Means a commercial establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises or to take
out.
Cemetery
Means a cemetery within the meaning and as regulated by the Funeral, Burial and
Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building
or structure intended for the interment of human remains.
Cemetery, Pet
Means a use of land for the internment of animal remains of a domestic pet.
Chief Building Official
Means an officer or employee of the Corporation of the Township of Sables-Spanish
Rivers charged with the duty of enforcing the provisions of the Building Code Act.
Clinic
Means a building used solely for the purpose of consultations, diagnosis and treatment
of patients, by two (2) or more legally qualified physicians, dentists, optometrists,
chiropodists, chiropractors or drugless practitioners, together with their qualified
assistants and without limiting the generality of the foregoing, the building may include
administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly
associated with the clinic, but shall not include accommodation for in-patient care or
operating rooms for major surgery.
Commercial Greenhouse
Means a building used for the growing of flowers, vegetables, shrubs, trees, and similar
vegetation for wholesale or retail sale and includes a nursery and garden centre. This
definition shall not include any premises for the growing of mushrooms.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body and
includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors
used for hauling purposes on the highway.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 26 -
as amended by Bylaw 2010-51 & 2020-41
Communications Facility
Means an installation which transmits, receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone, cellular telephone tower, radio or
television broadcast tower or similar facility.
Community Centre
Means any parcel of land or building(s) used for community activities whether used for
commercial purposes or not, and the control of which is vested in the municipality, a local
board or agent thereof.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority
use given to preservation of their ecological uniqueness, wildlife production and their
natural features and may include non-commercial recreational uses only if conservation
of the resource is not jeopardized.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities
for the administration or management of the business and the stockpiling or storage of
supplies used in the business, but does not include the crushing of virgin or recyclable
aggregates or materials and the wholesale or retail sale of building supplies or home
improvement supplies.
Continuum-of-Care Facility
Means a building or a group of buildings which may include a seniors citizens apartment
building, a nursing home, a long-term care facility, home for the aged and facilities
associated with, and designed specifically to serve, the senior citizen population, such as
clinics, recreation centres, cafeterias, and personal service establishments, and may also
include independent senior's accommodation in separate structures/living units that share
in services, such as meals, medical care services, or recreation that are provided by the
facility. A continuum-of-care facility shall be differentiated from a nursing home in that
those lodged at a continuum-of-care facility are not capable of living independently
without nursing care.
Convenience Store
Means a building or part of a building used primarily for the sale of grocery and
confectionary items and incidentally for the sale of such other merchandise as is required
to fulfil the day-to-day needs of the surrounding community.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
Corporation
Means the Corporation of the Township of Sables-Spanish Rivers.
Council
Means the Council of the Corporation of the Township of Sables-Spanish Rivers.
Crisis Care Facility
Means a residential facility that is licensed and funded by the Province of Ontario,
Government of Canada or an appointed agency, for the short term, temporary care of
persons requiring immediate emergency shelter and aid who are living under supervision
in a single housekeeping unit and who by reason of their emotional, mental, social or
physical condition or legal status, require a group living arrangement for their wellbeing.
3.D
Day Care, Private Home
Means the use of a dwelling unit operated commercially for the temporary care of
children
Day Nursery
Means an establishment for pre-school-aged children governed by the Child Care and
Early Years Act.
Deck
Means a structure abutting a dwelling or building with no roof or walls except for visual
partitions and railings which is constructed on piers or a foundation above-grade for use
as an outdoor living area.
Detached
When used in reference to a building, means a building which is not dependent on any
other building for structural support or enclosure.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 28 -
as amended by Bylaw 2010-51 & 2020-41
Dock, Floating
Means an accessory structure used for the
mooring of marine vessels which is
designed to float freely on the surface of the
water body and which may be secured to
the shoreline (see illustration).
Dock, Permanent
Means an accessory structure used for the
mooring of marine vessels which is secured
to the shoreline and/or the bottom of the water body by concrete, metal or wood pillars or
such other foundation, the design of which facilitates the construction of a more or less
permanent structure.
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant
or a window or an automated machine, to persons remaining in motor vehicles that are
in a designated stacking space, and may be in combination with other land uses. Kiosks
within a parking structure necessary for the operation of the parking facility or kiosks
associated with a surface parking area are not considered drive through facilities.
Driveway
Means a vehicular access connected to only one public street or thoroughfare, which
provides ingress to and/or egress from one lot, but shall not include a lane as defined
herein.
Dwelling
Means a building occupied or capable of being occupied as the home or residence of
one or more persons, where food preparation and sanitary facilities are provided, but shall
not include a boarding house, hotel, motel, rental cottage or cabin or similar commercial
use of a private or semi-private institution.
Dwelling - Accessory
Means a detached dwelling which is incidental, subordinate and exclusively devoted to
a main use and is located on the same lot therewith.
Dwelling - Apartment
Means a building containing four (4) or more dwelling units (see illustration).
Post Dock
Dock, Floating
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 29 -
as amended by Bylaw 2010-51 & 2020-41
Dwelling, Apartment-in-a-House (Granny Suite)
Means an ancillary dwelling unit in a single detached dwelling that may have an
internal shared entrance or an independent entrance and does not exceed 49% of the
net floor area of the main floor of a single detached dwelling up to a maximum of 75
m2 [807.3 ft.2].
Dwelling - Converted
Means a dwelling altered to contain a greater number of dwelling units, with each self-
contained dwelling unit having a net floor space of not less than 55 m2 [592.0 ft2].
Dwelling - Duplex
Means a building divided horizontally into two (2) dwelling units (see illustration, p. 22).
Dwelling, Mobile Home - See Mobile Home
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with
CAN/CSA-Z241 Series M "Park Model Trailer, as set out in the Building Code, and is used
or intended to be used as a seasonal recreational building of residential occupancy.
Dwelling - Row/Townhouse
Means a building consisting of a series of three (3) or more dwelling units but not more
than eight (8) units in a continuous row divided vertically into separate units by a common
wall above grade (see illustration).
Dwelling Unit - Seasonal
Means a dwelling constructed as a secondary place
of residence and is not the principal place of residence
of the owner or occupier thereof. A seasonal dwelling
unit shall include a Park Model Trailer Dwelling.
Dwelling - Second Residential Unit
Means a second dwelling unit within a permitted
single detached dwelling, semi-detached dwelling,
row house that does not otherwise contain an
ancillary residential unit (see illustrations).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 30 -
as amended by Bylaw 2010-51 & 2020-41
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling
units by a common wall (see illustration).
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit, and shall include a modular
home (see illustration).
Dwelling - Tiny House or Small House
Means a dwelling having a gross floor area of not less than 27.8 m2
[300 ft.2] and not more than 41.8 m2 [450 ft.2].
Dwelling Unit
Means one or more rooms designed, or intended to be used as an independent and
separate housekeeping unit in which kitchen and sanitary facilities are provided for the
exclusive use of the individual or individuals residing therein and which has a private
entrance from the outside of the building or from a common hallway or stairway inside
the building.
Dwelling - Triplex
Means a building on a single foundation divided horizontally into three separate single
dwelling units, each of which has an independent entrance either directly from the
outside or through a common vestibule (see illustration).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 31 -
as amended by Bylaw 2010-51 & 2020-41
Dwelling Unit - Accessory
Means a dwelling unit within a non-residential building.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 32 -
as amended by Bylaw 2010-51 & 2020-41
3.E
Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands
of another.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Entrance
Means in reference to a lot, the area of intersection between a driveway and a street
line.
Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or horse
riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery,
equipment, furniture and fixtures and other goods.
Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the generality
of the foregoing shall be taken to include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling or draining, structurally altering any existing
building or structure by an addition, deletion, enlargement or extension.
Established Building Line
Means the average setback from the street line of existing buildings on one side of a
continuous 100 m [324 ft.] strip of land where 3 or more of the lots having street frontage
upon the said side of the street have been built upon (Massey and Webbwood only) (see
illustration below).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 33 -
as amended by Bylaw 2010-51 & 2020-41
Established Grade
Means the average elevation of the finished level of the ground adjoining all of the walls
of the building exclusive of any artificial embankments or berms.
Existing
Means existing as of the date of the passing of this By-law.
3.F
Factory Outlet
Means a premise accessory to a permitted industrial use where products or goods that
are manufactured or produced on site by that industry are kept for wholesale or retail sale
on the same lot as the principle industrial use.
Fairground
Means land, buildings and structures used for entertainment, agricultural and related
exhibits, competitive events, food concessions, a carnival or midway which are conducted
on a seasonal or temporary basis and may include grandstands, barns and other
accessory buildings and structures normally associated with such a use.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 34 -
as amended by Bylaw 2010-51 & 2020-41
Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and
other staple crops. This definition shall also apply to land used for animal husbandry,
dairying or wood lots [see also Agricultural Use].
Farm, Hobby
Means land on which a farm may be operated primarily for recreational purposes or for
home consumption by the occupants of the dwelling on the same lot, and which is clearly
secondary and accessory to the permitted use. A hobby farm may also include a farm
produce outlet.
Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural products
produced on the farm where such outlet is located.
Farm Vacation Establishment
Means an accessory use in a private single detached dwelling in which guest rooms are
provided for gain as temporary accommodation on a daily basis for the vacationing public
interested in learning or participating in the operation of a farm.
Farmer's Market
Means an establishment or premises where the farm products of a local farming
community are sold at retail from covered or uncovered areas designed for individual
retailers.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick
or other similar materials or combinations of such materials which is erected for the
purpose of screening, safeguarding, retaining or enclosing property or delineating
property lines.
Fish Habitat
Means the spawning grounds and nursery, rearing, food supply, and migration areas
which fish depend directly or indirectly in order to carry out their life processes.
Fitness Centre
Means a commercial building or part of a building in which facilities are provided for
recreational or health related activities including but not limited to weight training and
exercise classes and may include associated facilities and services such as a lounge,
washrooms, showers, and saunas, a day spa, an administrative office, a cafeteria and an
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 35 -
as amended by Bylaw 2010-51 & 2020-41
accessory retail outlet for fitness-related attire, equipment and dietary supplements.
Flea Market
Means a street market composed of a series of individual retailer's booths or tables where
sundry, new or second-hand articles, fresh produce or preserves are offered for sale.
Floodline or Flood Elevation
Means a line established by a one in one hundred (1:100) year storm as established
through flood plain mapping or by the Ministry of Natural Resources and Forestry.
Flooding Hazards
Means the inundation of areas to a shoreline or a river or stream system and not ordinarily
covered by water and is described as the one-hundred-year flood or major storm such as
the Timmins Storm (1961) transposed over a specific watershed.
Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or may be
subject to flooding hazards (see illustration below).
Flood Proofing
Means a combination of structural changes and/or adjustments incorporated into the
basic design and/or construction or alteration of individual buildings, structures or
properties subject to flooding so as to reduce or eliminate flood damages.
Floor Area - Gross
Means the (cumulative) total area of all storeys in a building measured between the
exterior faces of the exterior walls of the building and where there are no walls the total
area of a floor within the outer perimeter of the floor.
Floor Area - Net
Means the (cumulative) total area of all floors of usable floor space or habitable space
above or below grade, measured from the exterior face of the exterior walls of the building
or structure but shall not include:
1.
Any private garage, porch, veranda, and unfinished basement, cellar or attic;
2.
Any part of the building or structure below grade which is used for building
services, storage or laundry facilities; and
3.
Any part of the building or structure used for the storage or parking of motor
vehicles.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 36 -
as amended by Bylaw 2010-51 & 2020-41
Forestry Use
Means the general raising, management and harvesting of wood and shall include the
raising and cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry
products and silviculture practices.
Fuel Depot
Means land, building or structures used for the bulk storage, distribution and sale of
gasoline, propane, heating oil or motor oil.
Funeral Parlour
Means a building or part of a building wherein undertaking services are offered and may
include subsidiary activities such as the sale of caskets and funeral accessories provided
such activities are clearly secondary and incidental to the main undertaking service.
3.G
Garage - Private
Means an accessory building or portion of a main building including a carport which
is designed or used for parking or storage of motor vehicles of the occupants of the
premises and in which there are no facilities for repairing or servicing of such vehicles for
remuneration or commercial use.
Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment, products and
planting materials.
Garden Suite
Means a one-unit detached residential building containing bathroom and kitchen facilities
that is accessory to an existing permanent residential structure and that is designed to
be portable, but does not include a recreational vehicle.
Gasoline Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and
an accessory building or structure used for transacting sales and may include the sale
of automotive accessories and related products, tobacco, snacks and beverages, lottery
tickets, newspapers and may include other accessory features such as a comfort station,
ATM and propane exchange facility.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 37 -
as amended by Bylaw 2010-51 & 2020-41
Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel fuel
using pumps which are operated automatically by credit or debit cards.
Geothermal Power Facility
Means a heating facility such as a heat pump whose energy source is naturally created
from the earth's crust.
Golf Course
Means a public or private area operated for the purpose of playing golf and includes a par
3 golf course, a driving range, a club house and accessory uses, buildings or
structures, but does not include a miniature course and similar use operated for
commercial purposes.
Green Energy Industries
Means a building or structure in which products are manufactured for the generation of
electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass).
Products manufactured by a renewable energy industry may include but are not limited
to solar panels, wind turbines, geothermal equipment, and parts or components thereof.
Green Roof
Means a roof of a building where part of or the entire surface of the roof is intentionally
covered with vegetative material.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Municipality, in which three (3) to ten (10) persons (excluding supervisory or operating
staff) live together under responsible supervision consistent with the requirements of its
residents for a group living arrangement and which is licensed and/or approved under
Provincial Statutes and in compliance with municipal by-laws.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is
used or maintained for gain or hire by providing accommodation.
3.H
Habitable Room
Means a room in a dwelling used or intended to be used primarily for human occupancy.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 38 -
as amended by Bylaw 2010-51 & 2020-41
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring
process including lands in a flood plain or subject to a flooding hazard or erosion hazard
and shall include unstable soils and unstable bedrock.
Hazardous Substances
Means substances which individually, or in combination with other substances are
normally considered to pose a danger to public health, safety and the environment. These
substances generally include a wide variety of materials that are toxic, ignitable,
corrosive, reactive, radioactive or pathological.
Helipad
Means a landing area or pad used for the landing and take-off of helicopters as further
governed under the Canadian Aviation Regulation 325 under the Aeronautics Act.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall
include all necessary and incidental structures, service facilities, fuelling facilities,
passenger and cargo facilities and as further set out under the Canadian Aviation
Regulation 325 under the Aeronautics Act.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore or
bank of a body of water, which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil
on one side of the mark and the character of the vegetation or soil on the other side of
the mark. Features will also include a natural line or mark impressed on the bank or shore
or rock, or other distinctive physical characteristics.
Home Based Business
Means any privately operated legal occupation, enterprise or business which is carried
out as a use clearly accessory or secondary to the main agricultural or residential use of
a property and which is compatible with the character of surrounding residential buildings
or setting and is owned and operated only by a person or persons residing on the
property.
3.I
Class I Industry - Light Industrial Uses
Means a place of business for a small scale, self-contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a package
and has a low probability of fugitive emissions e.g. noise, odour, dust and vibration. Such
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 39 -
as amended by Bylaw 2010-51 & 2020-41
industries operate in the daytime only with infrequent movement of products and /or heavy
trucks and no outside storage. Examples include: electronics manufacturing and repair,
high technology industries, furniture repair and refinishing, beverage bottling, package
and crafting services, small scale assembly, auto parts supply.
Class II Industry - Medium Industrial Uses
Means a place of business for medium scale process and manufacturing with outdoor
storage of wastes or materials (e.g. it has an open process) and where there are periodic
or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or vibration. Shift
operations occur and there is frequent movement of products and /or heavy trucks during
daytime hours. Examples include dry cleaning services, printing establishments, paint
spray booths, welding shops, courier and transport services, heavy vehicle repairs, bulk
fuel storage, raw product storage (aggregates, logs/lumber), warehousing, contractor's
yard.
Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise,
smoke, odour, fumes or vibrations or extensive outside storage as part of their normal
operations. Such uses include sawmills, pulp and paper mills, refineries, smelting
operations and similar uses which are intended to be secluded from residential or other
sensitive land uses in order to limit and potential adverse effects on the environment or
the surrounding areas and public health.
Institutional Use
Means land, buildings, structures or part thereof used by any government agency,
organization, group or association, for the promotion of religious, charitable, educational,
medical, Public Medical Centres, benevolent objectives or public service and which is not
operated for profit or gain.
3.K
Kennel
Means a building or structure where animals, birds or other livestock intended or used
as domestic household pets or for working or sporting purposes and are kept or boarded
or trained and where medical treatment may be provided and shall include an animal
shelter or pound.
3.L
Landscaped Open Space
Means:
1.
A combination of trees, shrubs, flowers, grass or other horticultural elements,
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 40 -
as amended by Bylaw 2010-51 & 2020-41
together with decorative stonework, paving, screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property
and/or to provide a screen to mitigate any objectionable adjacent land use; and
2.
Does not include parking areas, traffic aisles or driveways or ramps for vehicles.
Lane
Means:
1.
A subsidiary thoroughfare providing access from within a lot, principally from
parking or loading spaces or from a lot to a public street; or
2.
A subsidiary public thoroughfare for the sole use of pedestrians and connecting
public streets, open spaces or buildings.
Laundromat
Means a building or structure where coin-operated laundry machines are made
available to the public for the purpose of laundry cleaning.
Licensed Cannabis Production Facility
Means the use of land, buildings or structures for the cultivation, processing,
testing, destructions, packaging and shipping of marijuana used for medical
purposes as approved and regulated by Health Canada.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and
which is equipped for the preparation, storage, heating, cooking, cooling or sale of
foodstuffs and beverages within or from the vehicle and may include exterior seating (e.g.
picnic tables).
Livestock Facility
Means one or more barns or permanent structures with livestock occupied portions
intended for keeping of livestock. A livestock facility also includes all manure or material
storage and anaerobic digesters.
Livestock Sales Outlet
Means a building or structure where livestock such as cattle, goats, sheep, horses or the
young thereof are bought and sold.
Loading Space
Means a space or bay located on a lot or within a building which is used or intended to
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 41 -
as amended by Bylaw 2010-51 & 2020-41
be used for the temporary parking of any commercial vehicle while loading or unloading
goods, merchandise, or materials in connection with the use of the lot or any building
thereon, and which has unobstructed access not necessarily in a straight line to a public
street.
Logging Operation
Means an area of land and/or building of a logging contractor where equipment and
materials are stored and may include repairs to logging equipment.
Loft-Above-a-Garage
Means the portion of a private garage located above the motor vehicle storage area
which is used for sleeping accommodation and may include sanitary facilities but not
cooking facilities.
Lot
Means a parcel of land which is capable of being legally conveyed in accordance with
Section 49 of the Planning Act (see illustrations).
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of two
parts of the same street which have an interior angle or intersection of not more than one
hundred and thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be
deemed to be the angle formed by the intersection of the tangents to the street lines,
drawn through the extremities of the side lot lines. In the latter case, the corner of the lot
shall be deemed to be that point on the street line nearest to the point of intersection of
the said tangents (see illustration).
Lot Coverage
Means the percentage of the lot area covered by the ground floor area of all buildings
located on the lot (including accessory buildings, decks, porches, verandas and stairs)
(see illustration.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 42 -
as amended by Bylaw 2010-51 & 2020-41
Lot Depth
Means the horizontal distance between the front lot line and rear lot line. If the front
lot line and rear lot line are not parallel, "lot depth" means the length of a straight line
joining the middle of the front lot line with the middle of the rear lot line. If there is no
rear lot line, "lot depth" means the length of a straight line joining the middle of the front
lot line with the apex of the triangle formed by the side lot lines (see illustration).
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are
not parallel, it shall be the width of a lot measured between the intersections of the side
lot lines with a line 7.5 m [24.6 ft.] back from and parallel or concentric to the front lot
line. Arc distances shall apply on curved lines (see illustration).
Lot Interior
Means a lot other than a corner or a through lot which has frontage on a public street
(see illustration).
Lot Line
Means a boundary line of a lot
Lot Line, Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a
street (see illustration).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 43 -
as amended by Bylaw 2010-51 & 2020-41
Lot Line, Front (see illustration).
Means:
1.
In the case of an interior lot, the line dividing the lot from the street line;
2.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line;
3.
In the case of a corner lot with two street lines of equal lengths, the lot line that
abuts the wider street, or abuts a Provincial highway shall be deemed to be the
front lot line, and in the case of both streets being under the same jurisdiction and
of the same width, the lot line where the principal access to the lot is provided
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 44 -
as amended by Bylaw 2010-51 & 2020-41
shall be deemed to be the front lot line;
4.
In the case of a lot with water access only, the front lot line shall be on the water
side. In the case of a through waterfront lot with water access only, the longest
shoreline shall be deemed to be the front lot line; and
5.
In case of a lot with frontage on a public street or private road and on a water
body, the front lot line shall be measured both on the street line and on the water
side.
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line.
Lot Line, Side Interior, or Side Lot Line
Means a lot line other than a front, rear or side exterior lot line (see illustration).
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets (see
illustration).
Lot, Width
Means the average horizontal dimension between the two longest opposite sides.
Lumber Yard
Means a lot and accessory buildings where the primary use is the storage of
construction grade wood and building supplies for sale at retail or wholesale.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 45 -
as amended by Bylaw 2010-51 & 2020-41
3.M
Main Building - See Building, Main
Main Wall
Means any exterior wall of a building and all structural members essential to the support
of a fully enclosed space of roof exclusive of permitted projections.
Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock facility
containing liquid manure (< 18% dry matter), solid manure (≥ 18% dry matter), or
digestate (< 18% dry matter). Permanent storages may include any of: locations (under,
within, nearby, or remote from a barn), materials (concrete, earthen, steel, wood),
coverings (open top, roof tarp, or other materials), configurations and shapes or
elevations (above, below or partially above grade).
Marina
Means a lot, building, structure on a waterfront with or without docking facilities where
boats and boat accessories are berthed, constructed, stored, serviced, repaired or kept
for sale or rent and where the facilities for the sale of marine fuels, marine equipment,
lubricants, bait as well as the sale of foods, provisions or supplies as an accessory use
may be provided.
Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or store a
boat. This definition may include a boat launching ramp, a boat lift, marine railway, a float
hangar, dock or boathouse, but does not include any building used for human habitation
or a marina. A marine facility shall also include a water intake facility and any flood or
erosion control structure.
Micro-cultivation Operation
Means the small scale growing of cannabis plants and harvesting material from those
plants, as well as associated activities including processing, packaging, and
shipment activities and office facilities.
Medical Marijuana Facility
Means a premise approved and regulated under the Access to Cannabis for Medical
Purposes Regulations.
Microbrewery
Means a commercial operation where beer is produced at a small scale. A microbrewery
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 46 -
as amended by Bylaw 2010-51 & 2020-41
may be permitted to sell the product that is produced on-site provided that there is no
consumption of the purchased product on-site other than sampling. A bar, pub or brewpub
shall not be considered a microbrewery. A microbrewery may also sell retail items directly
related to the operation on-site.
Mine
Means a mine as defined in the Mining Act. Mining shall have a similar meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance
of the ground that has not been rehabilitated.
Mineral Aggregate Operation
Means:
1.
Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto; and
2.
Associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate resources and derived products such as asphalt
and concrete, or the production of secondary related products.
Mineral Deposits
Means an unusually large or rich concentration of valuable minerals identified within a
small part of the Earth's crust.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with
remaining mineral development potential that has not been permanently rehabilitated to
another use.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured
to provide a permanent residence for one or more persons, but does not include a travel
trailer or tent trailer or trailer otherwise designed.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 47 -
as amended by Bylaw 2010-51 & 2020-41
Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or
more occupied mobile homes.
Mobile Home Site
Means an area, similar to a lot, located in a mobile home park, intended to be or
occupied by a single mobile home, or a permitted accessory use to the mobile home
park.
Mobile Home Yard
Means a line similar to a front yard, rear yard, interior side or exterior side yard as if it
were applied to a mobile home site.
Modular Home
Means a single detached dwelling consisting of two or more modules which has been
prefabricated or manufactured in a factory remote from the site where it is intended to be
used and transported to the site for installation on a permanent foundation, but does not
include a mobile home, recreational vehicle or a park model trailer as otherwise
defined.
Motel
Means a building or buildings designed or used for the accommodation of the travelling
or vacationing public, containing therein three (3) or more guest rooms, each guest
room having a separate entrance directly from outside and may include an accessory
eating establishment.
Motocross Circuit
Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over
primarily natural, outdoor terrain and may include spectator facilities such as grandstands
or concourses and fast-food concessions.
Municipality
Means the Corporation of the Township of Sables-Spanish Rivers.
3.N
Natural Heritage Feature or Areas
Means features and areas, such as significant wetlands, fish habitat, significant portions
of the habitat of endangered and threatened species, significant wildlife habitat and
significant areas of natural and scientific interest, which are important for their
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 48 -
as amended by Bylaw 2010-51 & 2020-41
environmental and social values as a legacy of the natural landscapes of an area.
Negative Impacts
Means:
1.
In regard to fish habitat, the harmful alteration, disruption or destruction of fish
habitat, except where it has been authorized under the Fisheries Act, using the
guiding principle of no net loss of productive capacity; and
2.
In regard to other natural heritage features and areas, the loss of the natural
features or ecological functions for which an area is identified.
Non-Complying
Means any existing use, building, structure or lot which does not conform with the
zone requirements and standards of this By-law (see also Non-Conforming).
Non-Conforming
Means any existing use, building, structure or lot which does not conform with the
permitted use provisions of any Zone in this By-law (see also Non-Complying).
Non-Residential Use
Means a use, building or structure, designed intended or used for purposes other than
those of a dwelling or a residential use.
3.O
Obnoxious Uses
Means any use which is a nuisance to the occupant or owner of any neighbouring lands
or buildings by reason of the emission from the neighbouring land or building or any
part thereof, or the creation thereon, of odours, gases, dirt, radiation, smoke, noise,
vibration, fumes, cinders, soot, waste or water carried waste, or depositing or leaving
unsightly objects or chattels thereon.
Occupancy Permit
Means a permit issued under the authority of the Planning Act by the Chief Building
Official which indicates that the proposed use of land or any building or structure on any
such land is in conformity with this By-law.
Official Plan
Means the Official Plan of the Township of Sables-Spanish Rivers Planning Area or parts
thereof and amendments thereto.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 49 -
as amended by Bylaw 2010-51 & 2020-41
Office
Means a building, structure or part thereof used for the purpose of providing
accommodation for the performance and transaction of business including administrative,
clerical and professional activities.
Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian
walkways, patios, pools or similar areas but not including any driveway, ramp, parking
spaces or aisles, loading spaces or manoeuvring areas and similar areas.
Open Storage
Means storage or display of goods, merchandise or equipment outside of a building or
structure on a lot or portion thereof. This definition shall not include the open storage of
goods or equipment incidental to a residential occupancy of a lot, a parking area or
parking space or the outdoor display of a limited number of samples of goods,
merchandise or equipment for the purpose of sales and advertisement.
Order Station
Means an ordering box, service window, display board or any other device, including
communication equipment, used by the public and operator to facilitate sales and/or
services in a drive-through service facility.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area,
loading space or parking space which is used in conjunction with a business located
within the building or structure on the same property, for the display of goods,
merchandise, equipment and seasonal produce and products and may include garden
supplies and Christmas trees, new merchandise or the supply of services.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a
mentally incompetent person, an executor, an administrator or a guardian.
3.P
Park
Means an area of land, whether enclosed or not, maintained by the Municipality or other
public authority for the enjoyment, health and well-being of people and open to the public
with or without charge and, for the purposes of this definition, includes a Provincial Park
with tourist campground facilities.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 50 -
as amended by Bylaw 2010-51 & 2020-41
Park - Private (see Recreational Commercial Establishment)
Park Model Trailer (see Dwelling - Park Model Trailer)
Parking Aisle
Means a portion of a private parking area, or a commercial parking lot, or a private or
a commercial parking structure which abuts a parking space on one or more sides and
which provides access from the parking space to a street or lane and which is not used
for vehicular parking.
Parking Area
Means a lot or portion thereof required in accordance with the provisions of this By-law
for the temporary storage or parking of motor vehicles accessory or incidental to uses in
all zones but shall not include a commercial parking lot.
Parking Lot - Commercial
Means a lot or portion thereof for commercial use for the temporary storage or parking of
four (4) or more vehicles but does not include the sale of new or used vehicles or the
storing of impounded or wrecked vehicles.
Parking Space
Means an area used for the temporary parking of one
motor vehicle or one horse and buggy
Parking Space, Barrier Free
Means a parking space for the temporary parking of
a motor vehicle used by a handicapped or disabled
person (see photo).
Person
Shall include an individual, an association, a chartered organization, a firm, a partnership,
a corporation, an agent or trustee and the heirs, executors or other legal representatives
of a person to whom the context can apply according to law.
Personal Service Establishment
Means an establishment wherein a personal service is performed. This definition may
include a barber shop, beauty salon, shoe repair, photographic store, Laundromat or a
dry-cleaning distribution station or a similar use.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 51 -
as amended by Bylaw 2010-51 & 2020-41
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which is permitted in the zone where such use is located.
Pet Grooming Establishment
Means a premise wherein cleaning, clipping and grooming services are provided for
domestic pets, but shall not include an animal shelter or kennel.
Pit or Quarry
Means land or land under water from which aggregate as defined herein is being or has
been excavated in order to supply material for construction, manufacturing or industrial
purposes, but shall not include rehabilitated land or an excavation incidental to the
erection of a building or a structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
Place of Amusement
Means an establishment operated for commercial gain or profit wherein amusement
facilities are provided such as a video arcade or arcade, billiard or pool room, pinball
machines and video games but does not include a casino or bingo hall (see also Bingo
Hall)
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts
and craft shows, trade fairs, fashion show, public meetings, banquets, conference
meetings and similar activities.
Place of Worship
Means a building or an open area primarily dedicated to religious worship but may be
used for other supportive uses such as a centre for the arts, a community hall, an
accessory residential use, a library and similar uses.
Playground
Means a park or part thereof which is equipped with active recreational facilities oriented
to children.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material and includes stockpiling and
storage of bulk materials used in the process, which is not of permanent construction but
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 52 -
as amended by Bylaw 2010-51 & 2020-41
is designed to be dismantled and moved to another location as required. Portable asphalt
plants must comply with the applicable separation distances and/or an environmental
compliance approval.
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the method,
and publishing of newspapers, periodicals, books, maps and similar publications and also
includes the sale and servicing of printing and duplicating equipment.
Private Club
Means a building or part of a building used as a meeting place by an association of
persons who are bona fide members, which owns, hires or leases the building or part
thereof, the use of such premises being restricted to members and their guests for social,
cultural, recreational, business or athletic purposes.
Private Road
Means a private right-of-way over private property which affords access to at least two
(2) abutting lots and which is not maintained by a Public Authority.
Public Access Point
Means public land designated by the appropriate authority and developed and maintained
by the authority as a public access to a navigable water body (see also Marine Facility).
Public Authority
Means the Township of Sables-Spanish Rivers and any Boards or Commissions thereof
and any Ministry or Department of the Governments of Ontario or Canada, or other
similarly recognized public utility or agencies established or exercising any power or
authority under any special or general statute and includes any committee or local
authority established by By-law of Council.
Public Street
Means a public or common highway affording principal means of access to abutting
properties which has been assumed by a public authority.
Public Service Use
Means a building, structure or lot used for public services by the Township of Sables-
Spanish Rivers and any Boards or Commissions thereof, and any Ministry or Commission
of the Governments of Ontario and Canada, any telephone, or railway company, any
company supplying natural gas, Hydro One, any telecommunications company, any
Conservation Authority, public utilities company or similarly recognized agencies.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 53 -
as amended by Bylaw 2010-51 & 2020-41
Public Utility
Means a water works or water supply system sewage works, electrical power or energy
generating transmission or distribution system, street lighting system, natural or artificial
gas works or supply system, a transportation system or a telephone or
telecommunications system, scientific research system, and includes any lands, buildings
or equipment required for the administration or operation of any such system and is
operated by a public authority or publicly governed company.
3.Q
Quarry
Means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction,
industrial or manufacturing purposes, but shall not include an excavation incidental to the
erection of a building or structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
3.R
Railroad Use
Means a building, structure or use normally associated with a railroad operation subject
to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended.
Recreational Commercial Establishment
Means an establishment, premises, or building where any recreational, social or cultural
uses are operated commercially for profit on lands in private ownership, such as health
clubs, golf courses, open or enclosed skating or curling rinks, open or enclosed pools,
open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia,
band shell or open theatre, and other similar uses but does not include a casino or bingo
hall.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is self-propelled, and is capable of being used
on a short-term basis for living, sleeping or eating accommodation of persons. The term
recreational vehicle includes the following: motor homes, travel trailers, tent trailers,
campers, motor homes but does not include recreational equipment such as boats,
snowmobiles, personal water craft, all-terrain vehicles or other equipment used for
recreational purposes (see illustrations).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 54 -
as amended by Bylaw 2010-51 & 2020-41
Recreational Vehicle Sales and Storage and Repair
Means a building and/or lot which are used for the repair, display, storage and/or sale
of boats, trailers, campers, snowmobiles and other recreational vehicles or recreational
equipment.
Recycling Depot or Transfer Station
Means a special waste management facility which serves as a temporary storage site for
clean materials such as glass, paper, cardboard, plastic, metal and other similar products
which will be transferred to another location for reuse. This definition does not include any
other type of waste management system (see also Waste Management Facility).
Redevelopment
Means the removal or rehabilitation of buildings or structures and the construction,
reconstruction or erection of other buildings or structures in their place.
Renewable Energy System
Means a system that generates electricity, heat and/or cooling from a renewable energy
source.
Renovate
Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an
existing building. Renovation shall not include the removal of more than 50% of the walls
(wall studs) in a building. Renovation shall include the replacement of a foundation only
where the foundation is structurally unsound as determined by the 'Chief Building Official'.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 55 -
as amended by Bylaw 2010-51 & 2020-41
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Residential Zone
Means an R1, R2, RR, or MHP or zone.
Restaurant
Means a building or structure where food is prepared and offered for sale to the public
for consumption within or outside the building or structure or off premises
Retail Store
Means a building wherein goods, wares, merchandise, substances or articles are offered
for sale to the general public, and may include the limited storage and display of goods,
wares, merchandise, substances or articles, and shall not include any other use defined
herein including gas pumps.
Road (See Public Street)
Rural Zone
Means a CR, M3, MX, WMF, MR, MSR or R zone.
3.S
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further use,
dismantled or abandoned. This definition may include a junk yard, a scrap metal yard, a
recycling depot and an automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or
from a satellite.
Sauna
Means an accessory building or structure not exceeding 10 m2 [107.6 ft2] wherein
facilities are provided for the purpose of a steam bath and may include a change room
and shower and may be constructed as part of a boat house.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 56 -
as amended by Bylaw 2010-51 & 2020-41
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished
lumber or as an intermediary step.
School
Shall mean a public educational establishment operated by a School Board.
School, Private
Means an educational establishment, other than a School, wherein teaching or instruction
is offered for gain in such fields as academics, dancing, music, art, sports, business or
trade, and any other such specialized school conducted for gain, and also includes such
fields as a studio for photography and arts and crafts.
Seating Capacity
Means the number of persons which can be accommodated in a building or structure
or part thereof in a seated position on chairs, benches, forms or pews.
Second Dwelling Unit
Means a second dwelling unit within a permitted single detached dwelling, semi-
detached dwelling, or row house that does not otherwise contain an ancillary residential
unit (see illustrations), or a secondary dwelling unit in a detached building or structure
ancillary to a detached house, semi-detached house or rowhouse where there is no
second dwelling unit in the main building.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 57 -
as amended by Bylaw 2010-51 & 2020-41
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in separate,
secured storage areas or lockers and may include the exterior storage of boats and water-
related equipment, recreational equipment and recreational vehicles.
Sensitive Land Use
Means buildings, amenity areas or outdoor spaces where routine or normal activities
occurring as reasonably expected times would experience one or more adverse effects
from contaminant discharges generated by a nearby facilities and includes a dwelling,
day care centre, an educational or health facility.
Separation Distance
Means the horizontal distance between buildings or structures or physical features
measured from the closest point of the exterior wall or identifiable boundary of such
building or structure, or of such physical structure.
Service Outlet
Means a building whether in conjunction with a retail store or not, used for the repair or
servicing of goods, commodities, articles or materials, but not the manufacturing thereof.
Automotive repairs and services are not permitted under this definition.
Setback
Means:
1.
With reference to a road or street, the least horizontal distance between the front
lot line and the nearest established building line;
2.
With reference to a water body, the least horizontal distance between the high-
water mark of the water body and the nearest established building line;
3.
With reference to a building, structure or land use and not applicable under
paragraph (a) or (b), shall mean the least horizontal distance from the building,
structure or land use in question; and
4.
With reference to a private road, the least horizontal distance between the
shoulder of the travelled portion of the road and any building or structure, or the
limit of the road as shown and measured on a survey.
Sewage and Water Systems
1.
Full Municipal Sewage and Water Services:
Means piped sewage and water services that are connected to a centralized water
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 58 -
as amended by Bylaw 2010-51 & 2020-41
and waste water treatment facility.
2.
Communal Services
Means sewage works and sewage systems and water works that provide for the
distribution, collection or treatment of sewage or water but which:
- Are not connected to full municipal sewage and water services;
- Are for the common use of more than five residential units/lots; and
- Are owned, operated, and managed by a municipality or, another public body,
or a condominium corporation or single owner which has entered into an
agreement with the municipality or public body, pursuant to Section 51 of the
Planning Act, providing for municipal/public body assumption of the communal
services in the event of default by the owner.
3.
Individual On-Site Systems
Means individual autonomous water supply and sewage disposal systems, that are
owned, operated and managed by the owner of the property upon which the
system is located and which do not serve more than five residential units/lots.
4.
Partial Services
Means connection to one communal service or full municipal service where the
other connection will be to an individual on-site system.
Shooting Range or Rifle Club
Means land, buildings, structures or premises used for recreational target practice,
skeet shooting, gun or hunter safety instruction and is operated by a club or organization.
Shoreline
Means those lands extending from the average annual water level which have potential
and direct significant impact on near shore waters and the shore ecosystem through run-
off, and where land use activity is primarily water oriented.
Shoreline Buffer Zone
Means a natural area, adjacent to a shoreline, maintained or re-established in its natural
pre-development state, with the exception of minimal pruning of vegetation, the removal
of trees for safety reasons, for the purpose of protecting natural habitat and water quality
and minimizing the visual impact of buildings or structures on a lot, and may include
the installation of a pathway or trail providing water access.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, formed by the
street lines abutting a corner lot and a third line drawn from a point on a street line to
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 59 -
as amended by Bylaw 2010-51 & 2020-41
another point on a street line, each such point being the required sight distance from the
point of intersection of the street lines as specified in this by-law (see illustration).
Sign
Means any writing, letter work or numeral, any pictorial representation, illustration,
drawing, image or decoration, any emblem, logo, symbol or trademark or any device with
similar characteristics which:
(a)
Is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and
(b)
Which is used to advertise, inform, announce, claim, give publicity or attract
attention.
Sleep Cabin
Means an accessory building or structure, not exceeding 37 m² [400 ft²] in gross floor
area, located on the same lot as the main building or structure, the accessory use being
for sleeping accommodation in which cooking facilities shall not be provided but may
contain sanitary facilities.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 60 -
as amended by Bylaw 2010-51 & 2020-41
Solar Collector
Means a Class 1 or 2 ground mounted or
rooftop mounted or wall mounted device with a
name plate capacity of less than or equal to 10
kW consisting of photovoltaic panels that
collect solar power from the sun (see photo).
Solar Collector, Commercial
Means a Class 3 ground mounted device with a
name plate capacity of less than or equal to 10
kW consisting of photovoltaic panels that collect
solar power from the sun (see photo).
Solarium
Means a glassed-in structure or room projecting from an exterior or main wall of a
building which may be used for sunning, therapeutic exposure to sunlight, or for a use
where the intent is to optimize exposure to sunlight.
Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a
drive-through facility that is separated from other vehicular traffic and pedestrian
circulation. Stacking lanes may be separated by any combination of barriers, markings
or signage.
Stacking Space
Means a portion of a stacking lane which provides standing room for motor vehicles in
a queue for a drive-through facility while the occupants are awaiting service
Storage Container
Means a pre-fabricated metal or steel accessory building used for the transport and
and/or storage of storage of goods and materials but shall not include the body of a
transport trailer, strait truck box or motor vehicle [see photos].
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 61 -
as amended by Bylaw 2010-51 & 2020-41
Storey
Means that portion of a building other
than a cellar or basement included
between the surface of any floor and the
surface of the floor, roof deck, ceiling or
roof immediately above it (see diagram).
Street Allowance
Shall have a corresponding meaning to that of public street or private road.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and
a public street or private road.
Structure
Means anything constructed or erected, the use of which requires location on the ground
or attached to something having location on the ground and, without limiting the generality
of the foregoing, includes a recreational vehicle and a sewage disposal system but does
not include a fence.
Studio
Means a building or part thereof used,
(a)
As the workplace of a photographer, artist, or artisan or
(b)
For the instruction of art, music, languages or similar disciplines.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 62 -
as amended by Bylaw 2010-51 & 2020-41
Swimming Pool
Means an open or covered pool used for swimming, wading, diving or recreational bathing
which is at least 50 cm [19.6 in] in depth, and may include a hot tub or whirlpool.
3.T
Temporary Building
Means a building or structure intended for removal or demolition
within a prescribed time as set out in a building permit.
Temporary Car Shelter
Means a prefabricated temporary structure usually constructed with a metal, wood or
plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover
used primarily for the storage of a motor vehicle or other equipment and is designed to
be dismantled or removed.
Top of Bank
Means the first significant lake ward break in a ravine slope where the break occurs such
that the grade beyond the break is flatter than 3:1 measured perpendicularly from the
break.
Tourist Establishment
Means premises or buildings to be used for the purpose of sleeping accommodation
on a temporary basis by tourists or vacationers, including a motel, lodge or bed and
breakfast, and rental cottage or cabin where more than 3 such rental units occupy the
same property, including accessory uses such as dining, meeting and beverage rooms
and similar uses.
Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may or
may not furnish overnight accommodation and facilities for serving meals and furnishes
equipment, supplies or services to persons in connection with angling, hunting, camping
or other similar recreational purposes.
Township
Means the Corporation of the Township of Sables-Spanish Rivers.
Trailer (see Recreational Vehicle)
Transportation Depot or Truck Terminal
Means land, or a structure or a building where commercial vehicles are kept for hire,
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 63 -
as amended by Bylaw 2010-51 & 2020-41
rental and/or lease, or stored and/or parked for remuneration and/or from which such
vehicles are dispatched for hire as common carriers and where such land, structure or
building may be used for the storage and/or distribution of goods, wares, and
merchandise.
Transfer Station (see Recycling Depot)
Means land, buildings or parts of buildings used for the temporary storage, and
subsequent dispersal of garbage, refuse, domestic or industrial waste, exclusive of liquid
industrial waste or hazardous waste.
3.U
Use or Used
Means the purpose for which land, a lot, a building, a structure or premises is
designed, arranged, occupied or maintained.
3.V
Vehicle
Means a motor vehicle, traction engine, farm tractor, road-building machine, bicycle and
any vehicle drawn, propelled or driven by any kind of power, including muscular power,
but does not include a snowmobile or a street car.
Veterinary Establishment
Means a building or part of a building used by a veterinary surgeon where animals,
birds or other livestock are treated and where domestic animals and/or birds may be kept
for treatment and may include a kennel.
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video
tapes and may include the rental of video cassette recorders, video cameras and video
games.
3.W
Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk
storage of goods, merchandise, or material.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 64 -
as amended by Bylaw 2010-51 & 2020-41
Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment,
Conservation and Parks and/or its agents where garbage, refuse, domestic or industrial
waste, excluding radioactive or toxic chemical wastes is disposed of or dumped. This
definition shall include waste transfer stations and recycling depots (See also Recycling
Facility).
Water Frontage
Means a lot which has one or more lot lines abutting a navigable watercourse, bay or
lake.
Water Access Lot
Means a lot that is accessed by a navigable water body only.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or
irrigation channel.
Wayside Pit and Quarry
Means a temporary pit or quarry opened and used for a public authority solely for the
purpose of a particular project of road construction and not located on the road right-of-
way.
Welding Shop
Means a building or structure or part thereof where metal products are joined, repaired
or shaped by welding but no mass productions shall be involved.
Wellness Centre
Means a building or part thereof used by professional therapists, chiropractors, drugless
practitioners, professional trainers and nutritionists trained in a range of disciplines such
as massage therapy, physiotherapy, naturopathic medicine, chiropractic's, acupuncture,
homeopathy, orthotics, health counseling and personal training, and may include
accessory uses at an accessory scale, such as administrative offices, physical fitness
rooms and waiting rooms, directly associated with the facility, but excludes a Recreational
Commercial Establishment as defined.
Wetland
Means lands that are seasonally or permanently covered by shallow water, as well as
lands where the water table is close to or at the surface. In either case the presence of
abundant water has caused the formation of hydric soils and has favoured the dominance
of either hydrophytic or water tolerant plants. The four major types of wetlands are
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 65 -
as amended by Bylaw 2010-51 & 2020-41
swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or
which no longer exhibit wetland characteristics are not considered to be wetlands for the
purposes of this definition.
Wildlife Habitat
Means areas where plants, animals and other organisms live, and find adequate amounts
of food, water shelter and space needed to sustain their populations. Specific wildlife
habitats of concern may include areas where species concentrate at a vulnerable point in
their annual life cycle; and areas which are important to migratory or non-migratory
species.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are used
in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into
mechanical energy or electrical energy.
Workshop or Custom Workshop
Means a building, structure or part thereof where manufacturing is performed by a
tradesman, requiring manual or mechanical skills and may include a carpenter's shop, a
locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or
similar uses.
Wrecking Yard (see Salvage Yard)
3.Y
Yard
Means the area between a main wall of a building and a lot line that, except for
landscaping or accessory buildings and projections specifically permitted elsewhere in
this by-law, is unobstructed above grade (see illustration).
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line (see illustration).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 66 -
as amended by Bylaw 2010-51 & 2020-41
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of the main
building closest to the rear lot line. Where there is no rear lot line, the Yard, Rear shall
be measured from the intersection of the side lot lines to the closest point of the main
wall of the main building (see illustration).
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line
and a line drawn parallel or concentric thereto and through the point of the main wall of a
building closest to the side lot line (see illustration).
Yard, Side Exterior
Means a side yard adjacent to a public street (see illustration).
Yard, Side - Interior Means a side yard other than an exterior side yard (see
illustration).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 67 -
as amended by Bylaw 2010-51 & 2020-41
Yard Sale
Means the occasional or infrequent sale i.e. one or two days annually, of household
goods, clothing, furniture, tools, recreational equipment or other second-hand articles or
sundry items, usually by the householder on an individual property, but may include a
joint sale by neighbours on the same street or a joint sale at a school, place of worship or
other location generally on behalf of a charitable cause (see also Flea Market).
3.Z
Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation or Zone Requirement
Means any provision of this By-law which is listed under the heading "Zone Regulations"
or referred to as a zoning regulation and governs the erection of any building or
structure or the use of land.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 68 -
as amended by Bylaw 2010-51 & 2020-41
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 69 -
as amended by Bylaw 2010-51 & 2020-41
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 70 -
as amended by Bylaw 2010-51 & 2020-41
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 71 -
as amended by Bylaw 2010-51 & 2020-41
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 72 -
as amended by Bylaw 2010-51 & 2020-41
Section 4 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations which apply
regardless of the specific zoning (Section 5). Whereas the zones provide site specific
controls corresponding to such items as permitted uses and locational restrictions, the
General Provisions provide regulations more general in nature, applying to a variety of
uses regardless of zoning.
4.1
Accessory Buildings, Structures and Uses
4.1.1
Where a lot is devoted to a permitted use, customary accessory uses,
buildings and structures are authorized provided that:
1.
All accessory uses, buildings and structures to a permitted main use shall
be located on the same lot and in the same zone as the main use;
2.
The use of any accessory building or structure for human habitation is not
permitted except where an accessory dwelling is specifically listed as a
permitted use. A second residential unit shall be permitted as an accessory use
to a single detached dwelling or a semi-detached dwelling or a row or a townhouse
dwelling except in an RR Zone and in any other zone where the second residential
unit cannot be adequately serviced with an individual on-site systems. A second
residential unit may be occupied by any person regardless of whether the
person who occupies the second residential unit is related to the person who
occupies the primary residential unit, and the person who occupies either the
primary or second residential unit is the owner of the lot.
3.
No accessory building or structure shall be erected closer to the front lot line
or the exterior side lot line than the minimum front yard and external side
yard setbacks required for the main building. This provision shall be
exempted:
a)
For lots with water frontage under Section 4.1.1.5;
b)
For a shelter for use by children waiting for a school bus;
c)
For any farm produce outlet having a gross floor area of less than 9.3 m2
[100 ft2];
d)
For storage buildings and detached garages where the main building on
the lot is set back two-times the required front yard or exterior side yard
setback;
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 73 -
as amended by Bylaw 2010-51 & 2020-41
e)
For a sign erected in compliance with the provisions of this By-law;
f)
For any landscaping as permitted by this By-law;
g)
For mineral mining operations and mineral aggregate operations provide
they comply with the Aggregate Resources Act or the Mining Act,
whichever applies; and
h)
For a gate house used for security for a gated residential complex, or a
permitted non-residential use provided the front yard setback for the
gate-house is 3 m [9.84 ft.].
i)
A freestanding satellite dish/receiver or solar collector (but not
including a communications facility);
j)
Recycling and waste control containers;
k)
A sign erected in compliance with the zone regulations of this By-law
or a By-law enacted under the Municipal Act
All such buildings or structures listed above shall be set back a
minimum of 3m [9.84 ft.] from the front lot line or exterior side yard lot
line or rear lot line in the case of a water front lot, and shall comply with
the interior side yard and rear yard setbacks in the zone in which they
are located.
4.
Accessory uses, excluding open swimming pools, shall not cover more than
5% of the lot area in any zone. This shall be included in and calculated as part
of the maximum lot coverage permitted in any zone;
5.
Despite Section 4.1.1.3 above, a boat house, dock or wharf may be located in
the front yard, side yard or rear yard where a lot abuts a navigable waterway,
provided that the approval of any governmental authority having jurisdiction has
been obtained and provided that the boat house, dock or wharf is located not
closer than 3.0 [9.8 ft.] to the nearest adjacent lot line and does not encroach
on adjacent frontage when the lot boundaries are extended into the water (see
illustration); and
(Note: See individual zones for setbacks and the maximum height of accessory
buildings.)
6.
No accessory building shall be erected prior to the erection of the main
building on the same lot, except where it is necessary for the storage of the
tools, and materials for the use in connection with the construction of the main
building or structure, and no such accessory building shall, prior to the
erection of the main building, be used for any purpose other than storage and
shall not be used for habitation unless otherwise permitted by this By-law.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 74 -
as amended by Bylaw 2010-51 & 2020-41
4.1.2
Private swimming pools, both above-ground and in-ground both open and
covered and including inflatable pools, shall be permitted subject to any By-law
of the Township regarding swimming pools and the following requirements:
1.
Outdoor Open Swimming Pools
a)
Open Pool areas shall be totally enclosed by a fence constructed of suitable
materials, having a minimum height of 1.5 m [5.0 ft.] with a self-locking gate;
b)
Where a pool is an above-ground pool, any combination of the pool wall,
surrounding fence or structure totalling a minimum of 1.5 m [5.0 ft.] in height
shall be deemed to meet the fencing requirements;
c)
The maximum height of an above-ground swimming pool shall not be more
than 2 m [6.56 ft.] above grade;
d)
Any building or structure, other than a dwelling, required for changing
clothing or pumping, filtering or storage or any similar purposes shall comply
with the provisions respecting accessory uses and structures; and
e)
No part of an Open Pool including an associated apron or platform which is in
a front yard or side yard shall be constructed closer to a street line than the
requirements for a main building in the zone within which it is located nor closer
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
to the lot line in a rear yard than the minimum distance required for an
accessory use or structure.
2.
Indoor Pools
Indoor pools shall conform with the accessory building requirements
contained in subsection 4.1.1.
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment
Despite any other provisions contained in this By-law, for all zones within which an
automobile service station, gasoline bar, and/or car washing establishment is
permitted the following shall apply:
1.
Gasoline Pump Island Location
The minimum distance between the gasoline pump island, pumps and their
related overhead canopies and any pump shall be 5.0 m [16.4 ft.] from any lot
line and street line;
2.
Separation of Propane Tanks
No person shall erect or use a tank for the storage of propane for sale at an
automobile service station or gas bar or on any other property where vehicle fuel
may be dispensed unless a license has been obtained from the Ministry of
Consumer and Business Services and the location is in compliance with the
requirements under the Ontario Propane Code;
3.
The width of any entrance or exit combined entrance or exit measured at the front
lot line or exterior side lot line shall not be greater than 9 m [29.5 ft.] and there
shall not be more than 2 entrances from any one street which adjoins the lot. The
widths of entrances from Highway 17 may vary provided that they are in
accordance with the requirements of the Ministry of Transportation; and
4.
The minimum distance of any access from a street intersection shall be 12 m
[39.4 ft.] and the minimum distance between accesses shall be 9 m [29.5 ft.].
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall be
moved from outside the Township into the Township unless the building or structure is
a permitted use and satisfies all the requirements of the zone in which it is to be located
and then only after a permit has been obtained from the Chief Building Official.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
4.4
Camp
A permitted camp may be located on any lot of record provided such building is
separated a minimum of 500 m [1,640.4 ft.] from any existing residential dwelling unit
on the same lot. No minimum lot area or lot frontage requirements shall apply to a
permitted camp: however, any building or structure used as a camp shall be set back
a minimum of 30 m [98.4 ft.] from the high water mark of any water body.
Where a camp is to be established as the main use of a lot, the minimum lot area shall
be 5 ha [12.35 ac.] and any building or structure used as a camp shall be setback 15
m [49.2 ft.] from all lot lines and 30 m [98.4 ft.] from the high water mark of any water
body.
4.5
Change of Use
A use of a lot, building or structure which, under the provisions hereof is not permitted
within the zone in which such lot, building or structure is located, shall not be changed
except to a use which is permitted within such zone.
4.6
Cumulative Standards
Despite anything contained in this By-law, where any land, building or structure is used
for more than one purpose, all provisions of this By-law relating to each use shall be
complied with.
4.7
Day Nurseries
Private day nurseries are permitted in all zones where residential uses are permitted
as a main use. Such day nurseries shall comply with the provisions of the Child Care
and Early Years Act.
4.8
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the standards of that zone for a specific area
governed by the By-law. All other provisions of the By-law shall continue to apply.
A number after the "-X" (e.g. R-X1) indicates the order of the various exception zones.
4.9
Farm Use
Nothing contained in this By-law shall prevent the continued use of any land, building or
structure for a livestock facility or manure or material storage as defined, or any
extension or addition of such use provided that any additions or extensions of such use
shall comply with the requirements of the Minimum Distance Formula II and the
applicable requirements of the zone in which the use is located. Conversely, the
Minimum Distance Formula I shall apply when locating development (e.g. new
dwelling), in proximity to an existing livestock facility or manure or material storage on an
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
existing or proposed separate parcel of land.
4.10 Fences
Any fence erected hereafter within the municipality shall conform to the provisions of any
Fence By-law as may from time-to-time be enacted under the Municipal Act.
4.11 Flood Plain, Fill and Construction Requirements
The following provisions shall apply to areas located below any engineered or photo
interpreted flood line as determined by the agency having jurisdiction.
4.11.1 No person shall use any land or erect, alter or use any building or structure in
the flood plain except in accordance with the following provisions:
4.11.2 Permitted Uses
1.
Buildings or structures Intended for flood or erosion control or slope
stabilization
2.
All buildings and structures in existence on the day of the passing of this
By-law
3.
Conservation Uses
4.
Forestry Uses
5.
Parks without buildings or structures
6.
Hydro-electric generating facilities
7.
Marine Facility
4.11.3 Prohibited Uses
Buildings and structures shall not be permitted to locate in hazardous lands where
the use is:
1.
An institutional use associated with hospitals, day nurseries, continuum-of-
care facilities, retirement homes and schools, where there is a threat to the
safe evacuation of the sick, the elderly, persons with disabilities or the young
during an emergency as a result of flooding, failure of flood proofing measures
or protection works or erosion;
2.
An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired during
an emergency as a result of flooding, the failure of flood proofing measures
and/or protection works, and/or erosion; and
3.
Associated with the disposal, manufacture, treatment or storage of hazardous
substances.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
4.11.4 Additional Provisions
1.
Any new building or structure or any expansion of or addition to any
buildings or structures permitted in the Flood Plain after the day of the
passing of this By-law must incorporate appropriate engineered construction
techniques which reduce or eliminate the risks of flood damage or damage
from unstable slopes; and
2.
Modification of the flood plain through the placing or dumping of fill,
excavation, changing the channel of any water body or diverting a water
course within the prescribed limits of the fill lines is prohibited unless
otherwise permitted by the agency having jurisdiction.
NOTE: See Minimum Distance Separation (Special Setbacks), Section 4.20.6 for
setback requirements from water bodies.
4.12 Frontage on a Public Street or Private Road
1.
No person shall erect any building or structure in any zone unless the lot
upon which such building or structure is to be erected has sufficient frontage
on a public street within which the lot is situated except:
2.
For any permitted use on an island or water access lot provided a public
access point is available on the main land;
3.
A camp;
4.
A resource related use on Crown Land;
5.
A communications facility;
6.
A public utility;
7.
A wayside pit or quarry;
8.
Any passive outdoor recreational use or activity such as skiing, snowmobiling,
hiking, mountain biking or similar activities;
9.
An existing use located on a resource access road.
10.
An existing use or an existing lot on an existing private road
11.
A lot within a plan of condominium located on an internal private road.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
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as amended by Bylaw 2010-51 & 2020-41
4.12.2 Exception for Existing Agreements
1.
Despite Section 4.12.1, where a maintenance agreement exists between the
municipality and a land owner and is registered on title, frontage on an
unopened or unmaintained public right-of-way shall be deemed to conform to
the provisions of this section, provided that such frontage is in conformity with
the standards set out in the corresponding zone or any exception thereto; and
2.
Despite Section 4.12.1, where an access agreement registered on title
between or amongst landowners that provides for a right-of-way to an existing
lot which is developed for a single detached dwelling or seasonal dwelling as
of the date of the passing of this By-law, such uses shall be deemed to conform
with the provisions for access of this By-law.
4.12.3 Ministry of Transportation Access Requirements
In addition to all the requirements of the Corporation, all development adjacent to any
Provincial Highway is also subject to the requirements and permits of the Ministry of
Transportation.
4.13 Garden Suites
Subject to the, the passing of site specific temporary use by-law under Section 39 of the
Planning Act, a garden suite shall be permitted as a separate dwelling unit to a
permitted main residential use provided that the minimum lot area is 450 m² [4,844 ft.²]
in area, that the maximum net floor area is 50 m² [538 ft.²], that the maximum height of
the garden suite is 6 m [19.7 ft.] or the average height of the main buildings on the
subject and abutting lots, whichever is the lesser, that the garden suite is located in a
rear yard or interior side yard and meets the minimum yard and lot coverage
requirements set out in the corresponding zone and is set back a minimum of 3 m [9.8 ft.]
from any rear lot line or side lot line.
4.14 Group Homes
Group Homes shall be permitted in all zones that allow residential uses, provided that
they are licensed by the Province.
4.15 Home Based Businesses
1.
Scope of Permitted Home Based Businesses
The following home based businesses shall be permitted in any zone where a
home based business is permitted:
a)
Professional and consulting services including but not limited to an architect,
engineer, financial advisor, accountant, consultant, legal services, physician,
teleworker.
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b)
Instructional services including but not limited to music lessons, dance, art,
academic tutoring.
c)
Home craft businesses including but not limited to quilter, potter, jeweler,
painter/visual artist, small scale assembler.
d)
A Day nursery.
e)
Distribution sales office or mail order sales including but not limited to
cosmetics, clothing or small household appliance.
f)
An office for a contractor and trades plumber, electrician.
g)
Repair services including but not limited to small appliances, computers and
not including auto repair and similar services.
h)
High technology uses including but not limited to internet services, office call
centre services, desktop publishing, computer hardware and software
development.
i)
Personal care services including but not limited to a hairdresser, barber,
massage therapist, aesthetician.
j)
Sale of bait for recreational fishing purposes.
k)
Pet grooming, but not including overnight keeping of animals.
l)
A Catering establishment.
m)
A Studio.
n)
Seed sales.
o)
Gun repairs.
p)
Repair of household appliances.
q)
The sale of fuel wood sales in a rural zone only.
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as amended by Bylaw 2010-51 & 2020-41
r)
Home based businesses shall not include an auto body shop, auto repair
garage, cannabis retail store or dispensary or a licensed cannabis
production facility.
2.
Zone Regulations for Home Based Businesses
a)
The home based business shall be clearly accessory to the main permitted
residential use.
b)
A maximum of two (2) home based businesses shall be permitted in a
dwelling.
c)
The residential external character of the dwelling shall not be changed.
d)
The business(es) shall be conducted entirely within the dwelling in a
residential zone or may be conducted in a dwelling or and accessory
building in a rural zone.
e)
The home based business shall be operated by the owner or occupant of
the dwelling on the lot on which the home based business is operated.
f)
The home based business shall not create a public nuisance in regard to
noise, traffic, parking or health safety.
g)
The business(es) shall be legal and must have obtained the necessary permits
or licenses from the Corporation and any other applicable government body
having jurisdiction.
h)
The home based business(es) shall cumulatively not occupy more than 25%
of the net floor area of the dwelling or if located in an accessory building
the gross floor area shall not exceed 111.4 m2 [1,200 ft.2].
i)
No outdoor storage shall be permitted except for permitted fuel wood sales.
j)
Only one (1) sign shall be permitted to advertise the home based
business(es). The sign shall not exceed 1 m2 in surface area. The permitted
sign may be a free-standing sign in a front or exterior side yard or may be
attached to the wall of a permitted building or structure. The sign may be
illuminated where the illumination is directed onto the sign and complies with
any sign By-law enacted by the Municipality under the Municipal Act.
k)
Parking for home based business(es) shall comply with Section 4.26 of this
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By-law.
l)
The use shall not create nor become a public nuisance in particular in regard
to noise, traffic, parking or health safety.
4.16 Illumination
Illumination of buildings and grounds shall be permitted provided that:
1.
Illumination shall not cause direct or indirect glare on a street that may interfere
with traffic or pedestrian safety;
2.
Illumination shall not consist of a colour or be so designed or located that it
may be confused with traffic signals; and
3.
Illumination shall not cause direct or indirect glare on land or buildings in any
zone in which residential uses are permitted.
4.17 Land Suitability for Use and Organic Soils
Despite any other provision of this By-law, no habitable building or structure shall be
constructed, erected, altered or used on land which, by reason of its topography or its
low lying, marshy, unstable character or which is located or may be located on organic
soil unless the proponent or applicant for development can demonstrate through
professionally acceptable engineering techniques that the physical constraint can be
mitigated or overcome and that the requirements of the Ontario Building Code with
respect to construction and the requirements of the Ontario Water Resources Act and the
Environmental Protection Act with respect to the installation of an individual on-site
sewage and water system can be met.
Flood plains, wetlands, lands under water, and lands between the top of the bank and
a water body or a watercourse shall not be used to calculate the minimum lot area
requirement of any zone in this By-law (see also Section 4.11).
4.18 Loading Requirements
For every building or structure hereafter erected for a commercial, institutional or
industrial use, involving the shipping, loading or unloading of persons, animals, wares,
merchandise or other goods, there shall be provided and maintained loading spaces in
accordance with the following requirements:
1.
Each loading space shall have a minimum height clearance of 4.25 m
[13.9 ft.] and shall be at least 3.75 m [12.3 ft.] wide by 7.50 m [24.6 ft.] long if
situated inside of or at right angles to a building or structure or 3.75 m [12.3 ft.]
wide by 9.0 m [29.5 ft.] long if situated parallel to the wall of a building or
structure;
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2.
Loading spaces shall be located in a building or structure, an open rear
yard, or an open side yard, on the same lot on which the main use is located,
provided such a loading space shall be in an area whose distance from a lot
line to a building or structure is not less than 7.50 m [24.6 ft.] and shall have
unobstructed ingress and egress to and from a public street by means of a
driveway, land or isle of a minimum width of 6.0 m [19.7 ft.];
3.
The number of required loading spaces shall be based on net floor area of
the building or structure as follows:
Net Floor Area
Spaces Required
Less than 300m2 [3229.2 ft.2]
1
For every additional 100m2
[1,076.4 ft.2] or
fraction thereof [1076.4 ft.2]
1
4.
The loading space requirements stated in (c) shall not apply to buildings or
structures in existence as of the date of passing of this By-law but shall apply
to areas of any expansion or enlargement to such buildings or structures for
which building permits have been issued after the date of passing of this By-
law.
4.19 Mine Hazards
No lands identified as having a mine hazard shall be used unless the mine hazard has
been rehabilitated or measures taken to mitigate known or suspected hazards. Any
required rehabilitation or mitigation measures shall be undertaken using acceptable
engineering practices and where applicable, complies with the requirements of the Mining
Act and the Mining Rehabilitation Code.
4.20 Minimum Distance Separation, Influence Areas and Special Setbacks
No person shall use any land, building or structure for a sensitive land use (e.g.
residential use, daycare centre, educational or health facility) unless it complies with the
following minimum distance separations, influence areas or special setbacks except
where such distances have been waived or reduced by a public authority, where upon
the revised distance, influence area or setback shall apply. Distances, influences areas
or setbacks shall be measured as set out for the respective requirement.
1.
Setback from Highway 17 or a Rail Line
The setback shall be determined by a noise and/or vibration study if such is
required by Council and shall be generally measured from the point source of
the emission to the property line of the receptor land use.
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as amended by Bylaw 2010-51 & 2020-41
2.
Waste Management Facility
a)
The influence area shall be 500 m [1,640 ft.] of a sensitive land use (e.g.
residential use, daycare centre, educational or health facility) measured from
the boundary of the (licensed) fill area to the nearest property line of the
sensitive land use. Within the influence area, no sensitive land use shall be
permitted unless an Environmental Impact Assessment is undertaken, to the
satisfaction of the approval authority, to demonstrate that the proposed
development will not negatively be impacted by the waste management facility
(e.g. leachate migration, methane gas, rodents, vectors, vermin, odour, litter,
noise, etc.).
b)
No development or land use shall be permitted within 30 m [98.4 ft.] of the
(licensed) fill area of an active waste management facility;
c)
No waste management facility shall be permitted within 30 m [98.4 ft.] from
any water body.
In addition no waste management facility shall be permitted on land covered
by water or in any area subject to flooding (see Section 4.11.3);
3.
Pits and Quarries:
a)
The influence area around a pit shall be 300 m [984.25 ft.] measured from the
property line of a sensitive land use and the licensed area of the pit. The
minimum separation distance between a sensitive land use and a pit shall
be 70 m [229.7 ft.] and shall be measured from the lot line of the sensitive
land use to the licensed area of the pit. No sensitive land use shall be
permitted within the influence area of the pit and outside the minimum
separation distance unless appropriate measures have been undertaken to
mitigate adverse or potential adverse effects such as visual impacts, noise,
dust, traffic or groundwater quality or quantity;
b)
The influence area around a quarry shall be 500 m [1,640.4 ft.] measured from
the property line of a sensitive land use and the licensed area of the quarry.
The minimum separation distance between a sensitive land use and a
quarry shall be 300 m [984.25 ft.] and shall be measured from the lot line of
the sensitive land use to the licensed area of the quarry. No sensitive land
use shall be permitted within the influence area of the quarry and outside the
minimum separation distance unless appropriate measures have been
undertaken to mitigate adverse or potential adverse effects such as visual
impacts, noise, dust, traffic or groundwater quality or quantity; and
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c)
In addition to paragraphs (c)(i) and (c)(ii), adverse effects may be addressed
by means of a phasing plan, rehabilitation plan, landscaping berming, specified
truck routes or other measures acceptable to Council.
4.
Industrial Uses:
a)
Class I Industrial: Includes light industrial uses defined as a place of business
for a small scale, self-contained plant or building which produces/stores a
product which is contained in a package and has low probability of fugitive
emissions e.g. noise, dust, odour and/or vibration. There are daytime
operations only, with infrequent movement of products and/or heavy trucks and
no outside storage. Examples include electronics manufacturing, furniture
repair, auto parts supply, packaging and crafting services. The minimum
separation distance from a sensitive land use (e.g. residential use, daycare
centre, educational or health facility) shall be 70 m [230 ft.] measured from lot
line to lot line;
b)
Class II Industrial: Includes a place of business for medium scale processing
and manufacturing with outdoor storage of wastes or materials and or periodic
outputs of minor annoyance. There are occasional outputs of either point
source or fugitive emissions for noise, odour, dust and/or vibration and low
probability of fugitive emissions. Shift operations are permitted and there is
frequent movement of products and/or heavy trucks during daytime hours.
Examples include feed packing plant, paint spray booths, dry cleaning
services, electrical production manufacturing. The minimum separation
distance for this industrial classification from a sensitive land use (e.g.
residential use, daycare centre, educational or health facility) shall be 300 m
[984 ft.] measured from lot line to lot line; and
c)
Class III Industrial: Describes large scale industries with substantial variations
in industrial processes, shift operations, large production volumes, outdoor
storage of raw and finished products and therefore emissions e.g., noise
vibration, odour, particulate and gaseous discharges or combinations may be
anticipated. Examples of heavy industries include refineries, salvage yard,
pulp and paper mill etc. The minimum separation distance for this industrial
classification from a sensitive land use (e.g. residential use, daycare centre,
educational or health facility) shall be 1,000 m [3,280 ft.] measured from lot
line to lot line.
5.
Agricultural Use:
Any new livestock facility, manure or material storage shall comply with the Ministry
of Agriculture, Food and Rural Affairs Minimum Distance Separation Formulae
I and II.
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as amended by Bylaw 2010-51 & 2020-41
6.
Water Bodies
a)
Subject to Section 4.11, the minimum setback from the shoreline for a
habitable structure (dwelling) or a non-residential building shall be 30 m [98.4
ft.] except for a boat house, dock, wharf and deck. The minimum setback for
a low impact accessory structure such as a steam or sauna bath, gazebo,
storage shed and deck shall be 15 m [49.2 ft.]. The setback shall be measured
as the shortest horizontal distance from the nearest main wall of the building
to the shoreline (see also Section 4.22 - Natural Vegetative Buffer);
b)
Subject to Section 4.11, the minimum setback from the shoreline for an on-
site sewage disposal system shall be 30 m [98.4 ft.] and shall be measured as
the shortest horizontal distance from the nearest edge of the filter bed/tile bed
or septic tank to the shoreline; and
c)
Where there is a shoreline road allowance between the front lot line and a
lake or water body, the minimum setback for a habitable structure (dwelling)
or a non-residential building shall be 4 m [13.1 ft.] and a minimum of 10 m
[32.8 ft.] for a filter bed/tile bed or septic tank.
7.
Helipad, Heliport
Where a Helipad or Heliport is permitted in this By-law, the following provisions
shall apply:
a)
The setback between the edge of the helipad and the main wall or receptor of
a sensitive land use shall be determined by a noise and vibration study
undertaken by a professional competent in undertaking such studies.
Reference shall be made to Ministry of the Environment, Conservation and
Parks Guideline "NPC 300, Environmental Noise Assessment Guideline";
b)
The setback between the edge of the helipad and any non-residential use
not classified as a sensitive land use shall be 200 m [656.2 ft.]; and
c)
The classification, design, construction and operation of a Heliport shall
comply with Standard 325, Heliports, Part III, Canadian Aviation Regulations
issued under the Aeronautics Act, administered by Transport Canada.
4.21 Natural Heritage Features
1.
Requirements for Natural Heritage Features
No use of land, buildings or structures except a conservation use shall be permitted
within the distances prescribed below of an identified natural heritage feature as shown
on the Zone Schedules to this By-law except where an Impact Assessment and/or
mitigating measures or conservation practices are implemented as approved by the public
body having jurisdiction: (See illustrations)
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2.
Feature or Area
(a) Significant habitat of Endangered & Threatened Species .......................... 120 m
(b) Significant Wetlands ................................................................................... 120 m
(c) Fish Habitat ................................................................................................ 120 m
(d) Significant Wildlife Habitat .......................................................................... 120 m
(e) Areas of Natural and Scientific Interest ........................................................ 50 m
Elements of Natural Heritage Features
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as amended by Bylaw 2010-51 & 2020-41
4.22 Natural Vegetation Buffer
When a Site Plan Control Agreement is required for development or redevelopment on
lands which front on a lake or on a major tributary, a natural vegetative buffer of not less
than 15 m [49.2 ft.] in depth along the shoreline or water body shall be identified on the
site plan. The cutting or removal of trees, shrubs or ground cover will not be permitted
within the natural vegetation buffer except for the removal of dead or diseased trees,
debris or noxious plants or where a landscaped corridor not greater than 9 m [29.5 ft.] in
width is required for access between the dwelling and shoreline. Council may require
that a professional competent in shoreline landscaping be engaged to prepare a shoreline
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vegetation management plan suitable for conserving and sustaining the natural
environment.
4.23 Non-Conforming and Non-Complying Use
1.
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law so long as it continues to be used for that purpose. The non-conforming use of
any land, building or structure shall not be changed except to a use which is in
conformity with the provisions of the zone in which the land, building or structure
is located, without permission from the Committee of Adjustment pursuant to the
Planning Act.
2.
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure
for which a building permit has been issued under the Building Code Act prior to the
passing of this By-law, so long as the building or structure when erected is used
and continues to be used for the purpose for which it was erected and provided the
permit has not been revoked under the Building Code Act.
3.
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or
the erection of any building or structure on a lot which does not comply to the
minimum lot frontage and/or lot area and/or front yard setback and in the case of
a corner lot, the side yard setback, as a result of a road widening taken by the
Township Sables-Spanish Rivers and the Ministry of Transportation of Ontario,
provided all other requirements of this By-law are complied with.
4.
Reconstruction of an Existing Use
(a)
Nothing in this By-law shall prevent the reconstruction or strengthening to a
safer condition of any non-complying building or structure which is destroyed
or rendered uninhabitable by fire or other natural cause, provided the height
and gross floor area are not increased and the new building or structure is
erected on the same building footprint.
(b)
An existing non-complying building or structure may be renovated only,
provided the renovation does not further reduce any zoning requirement or
increase the gross floor area.
5.
Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation, extension or addition to a
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building, structure or private sanitary sewage disposal system which is used for a
purpose specifically permitted within the zone in which such building or structure
is located and which building or structure existed at the date of passing of this By-
law but which building or structure does not comply with one or more of the zone
regulations of this By-law, provided such renovation, extension or addition does not
further reduce the requirements of this By-law and does not contravene any other
requirements of this By-law or any requirements of Ministries and agencies.
6.
Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a lesser lot
frontage and/or lot area than is required by this By-law is held under distinct and
separate ownership from adjoining lots, according to the register for land in the Land
Titles, or Registry Office, on the date of the passing of this By-law, it may be used for
a purpose permitted in the zone in which the said lot is located, provided it can be
adequately serviced.
4.24 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures,
or parts thereof unless the building, structure, or parts thereof meet all requirements
of the Fire Code, the Ontario Building Code and any other applicable regulations,
policies, or Acts.
1.
Any private garage;
2.
Any truck, bus, recreational vehicle, coach or streetcar body whether or not
the same is mounted on wheels; and
3.
Any dwelling before the main wall and roof have been erected, the finished
roofing material has been installed and the kitchen, heating and sanitary
conveniences have been installed and are operating.
4.25 Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display except
as permitted by this By-law and as an area which has been specifically designed and
set aside for such purpose, is fully integrated with the main use of the lot and is in
accordance with the following:
1.
Outside storage shall not be permitted within any required front yard and no
closer than 5.0 m [16.4 ft.] to any side lot line or rear lot line;
2.
Where outside storage areas abut a zone in which residential uses are
permitted, the required setback of the outside storage area shall be
increased to 10.0 m [32.8 ft.] and must also be visually screened from any
zone in which residential uses are permitted;
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 91 -
as amended by Bylaw 2010-51 & 2020-41
3.
Any areas used for outside storage shall be in addition to any minimum off-
street parking or loading areas required by this By-law.
4.
An outdoor display area shall be permitted as an accessory use to any
permitted commercial use, industrial use or public service use provided
that the outdoor display area does not reduce any required parking area or
loading space area required by this By-law. All outdoor display areas shall
be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior
side lot line. Despite the above, seasonal sales of Christmas trees or a
temporary (i.e. weekend) or a yard sale shall be permitted to occupy a
designated parking area but shall be subject to any restrictions otherwise
imposed by license or permit by the Municipality.
4.26 Parking and Storage of Vehicles and Drive-through Facilities
4.26.1
General
1.
Except as provided herein, no motor vehicles shall be parked or stored in
any zone (see Section 5.2 for list of zones) unless the motor vehicle is
located within a garage, carport, driveway, parking area, or on a street as
permitted by Municipal By-law.
2.
No parking space in a residential zone (see Section 5.2 for list of zones)
shall be used for the outdoor parking or storage of a motor vehicle unless
such motor vehicle is used in operations incidental to the residential use of
the lot on which it is parked or stored and bears a motor vehicle license
plate or sticker which is currently valid.
3.
Each standard parking space or stacking space in a stacking lane shall
have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.]
and each barrier-free parking space shall have a minimum width of 3.9 m
[12.7 ft.] and a minimum length of 5.5 m [18 ft.] [See Figure].
4.
Unless permitted elsewhere in this By-law, where two or more uses are
permitted in any one building or structure on any lot, then the off-street
parking regulations for each use shall be calculated as if each use is a
separate use, and the total number of off-street parking spaces so
calculated shall be provided.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 92 -
as amended by Bylaw 2010-51 & 2020-41
5.
The regulations for parking
spaces shall not apply to any
building or structure in existence
at the date of passing of this By-
law so long as the gross floor
area, as it existed at such date, is
not increased and no change in
use occurs. If an addition is made
to the building or structure which
increases the gross floor area or
a change in use occurs than
parking spaces for the addition
or area changed in use shall be
provided.
6.
Supplementary regulations for parking spaces for dwellings in residential
zones (see Section 5.2 for list of zones) shall be as follows;
a)
The driveway and parking space shall be constructed of crushed stone,
asphalt paving, concrete, paver stones or similar materials.
b)
No more than fifty percent (50%) of the area of any required front yard
shall be used or constructed as a driveway or parking space.
c)
No more than fifty percent (50%) of the lot frontage shall be used or
constructed as a driveway or parking space.
7.
Supplementary regulations for a parking area for more than four motor
vehicles shall be as follows:
a)
The parking area shall be constructed of crushed stone, asphalt paving,
concrete, paver stones, or similar materials.
b)
Ingress and egress directly to and from every parking space shall be by
means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.]
for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is
angled.
c)
A driveway or lane which does not provide ingress and egress directly to a
parking space, shall have a minimum width of 3.5 m [11.4 ft.] where
designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed
for two-way vehicular circulation.
Figure: Barrier- Free Parking Space Dimensions
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 93 -
as amended by Bylaw 2010-51 & 2020-41
8.
Where the calculation of the minimum number of parking spaces required
results in a fraction, the minimum requirement shall be the next higher whole
number.
9. Driveway Entrance Location
No driveway on a corner lot shall be located closer than 15 m [49.2 ft.] from
the edge of the travelled road of an intersection of a local road or 20 m [65.5
ft.] from the intersection of a collector road or provincial highway.
4.26.2
Barrier Free Parking
One barrier free parking space shall be required for any use requiring 10 standard
parking spaces or more and barrier free parking spaces shall be provided at a ratio
of one barrier free parking space for each 25 standard parking spaces and shall be
included as part of the total number of standard parking spaces required.
4.26.3
Drive-Through Facilities
Despite any other zone regulation in this By-law, where a use of land, building or
structure incorporates a drive-through facility, the following zone regulations shall
apply:
1.
A drive-through facility shall be a permitted use in the C, CR and M1
zones.
2.
A drive-through facility is a principle use in combination with another
permitted use and shall comply with the zone regulations in the zone in
which the drive-through facility is located.
3.
The minimum dimensions of a stacking space in a stacking lane shall be
2.6 m by 5.5 m [8.5 ft. x 18 ft.].
4.
No part of any order station shall be located closer than 10 m [32.8 ft.] from
the property boundary of any property or lot occupied or zoned for a
residential use.
5.
All drive-through facilities shall comply with the zone regulations for
parking as set out in Table 4.21 of this By-law.
6.
Stacking lanes for any drive-through facility shall be designed to accommodate a
minimum of eight (8) motor vehicles.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 94 -
as amended by Bylaw 2010-51 & 2020-41
4.26.4
Commercial Vehicle, Recreational Vehicles and Recreational Equipment
No person shall in any residential zone, use any lot for parking or storage of any
commercial motor vehicle, recreational vehicle or recreational equipment except as
follows:
1.
The owner or occupant of any lot, building or structure in any residential
zone, may use any attached or detached private garage located on the lot
for the housing or storage of one (1) commercial motor vehicle operated by
the owner or occupant and/or may also use any private driveway for the
parking of one (1) commercial motor vehicle not exceeding 2,722 kg Gross
Vehicle Weight (GVWR) or a Class 1 truck [6,000 lbs.] provided such
commercial motor vehicle is not used in connection with any business or
other use that is prohibited in this By-law.
2.
In a residential zone, recreational equipment and only one (1)
recreational vehicle may be stored on a lot in accordance with the following
zone regulations:
a)
No person shall store any recreational equipment or recreational vehicle
on a lot or property unless a main building has been constructed.
b)
An attached or detached private garage may be used for the housing or
storage of any recreational equipment or recreational vehicle.
c)
Exterior storage shall be limited to an interior side yard or rear yard of the
lot and no part of any recreational equipment or recreational vehicle
shall cross a lot line, and
d)
Exterior storage of any recreational equipment or recreational vehicle
shall be permitted in a front yard or exterior side yard provided:
- The lot has a minimum lot frontage of 15 m [49.2 ft.], and
- The recreational equipment or one (1) only recreational vehicle is
stored on a driveway and does not occupy a required parking space,
and
- That and no part of any recreational equipment or a recreational
vehicle shall cross a lot line.
3.
No lot in any other zone shall be used for the storage or use of a
recreational vehicle unless otherwise listed as a permitted use in the zone.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 95 -
as amended by Bylaw 2010-51 & 2020-41
4.26.5
Schedule for Parking Regulations
In any zone, the owner or occupant of any building or structure erected, enlarged or
changed in use after the date of passing of this By-law shall provide off-street parking
spaces in accordance with the minimum number of parking spaces set out in Table
4.26 as follows:
Table 4.26 - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED PARKING
SPACES
Residential:
-
Accessory dwelling
-
Duplex Dwelling
-
Guest House
-
Mobile home
-
Seasonal dwelling
-
Semi-detached dwelling
-
Single-detached dwelling
1 space per dwelling
Residential:
-
Accessory Apartment
-
Apartment dwelling
-
Multiple-unit dwelling
-
Row or townhouse
-
Triplex dwelling
1 space per dwelling unit, 15% of which shall be reserved
as visitor parking where eight or more parking spaces are
required
Residential:
-
Bachelor dwelling unit
-
Boarding house
-
Dormitory
-
Garden suite
-
Second Residential Unit
-
Senior citizen dwelling
-
1 space per dwelling unit, or 1 space per 38 m2 [409
ft.2] whichever is greater
-
Dormitory or boarding house: 1 space per occupant
Animal Shelter
1 space per 30 m2 [322.9 ft.2] of gross floor area
Auto body shop, auto repair shop,
automotive service station, gas
bar, recreational vehicle repair and
garage
3 spaces per service bay plus
1 space per employee; minimum 6 spaces
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 96 -
as amended by Bylaw 2010-51 & 2020-41
Assembly hall, auction hall,
auditorium, banquet facility, dance
hall, entertainment establishment,
stadium, theatre, bingo hall, funeral
home and similar places of
assembly
The greater of 1 space for every 4 seats or 1 space for
every 12 m2 [129.1 ft.2] of assembly space
Bed and Breakfast Establishment
1 space for each guest room available to the travelling
public in addition to the required parking for the dwelling
Building supply store, lumber yard,
garden centre, nursery, equipment
and vehicle storage yard
1 space for each 22 m2 [236.8 ft.2] of gross floor area and
1 space for each 35 m2 [376.2 ft.2] of open storage
Car Rental Agency
30 spaces minimum
Clinic, medical marijuana facility
3 spaces per medical practitioner
Convenience store
1 space per 18 m2 [193.7 ft.2] of gross floor area
Continuum-of-Care Facility
1 space for every 6 patient beds plus
1 space for every 4 employees
Crisis Care Facility
2 spaces minimum in addition to the required parking for
a dwelling or if not located in a dwelling, 1 space per 38
m2 [409 ft.2] of gross floor area
Day nursery
1 space per employee and 1 space per 5 children or 1
space for every 15 children registered or fraction thereof
Drive-through facility
1 parking space per 20 m2 [215.2 ft.2] of gross floor area
Equipment Rental Establishment,
Equipment Sales Establishment,
Equipment Service and Repair
Establishment, automotive sales
establishment, recreational vehicle
sales establishment
1 space per 35 m2 [376.7 ft.2] of open storage or gross
sales area plus 1 space per employee
Factory Outlet, Retail Outlet
1 space per 28 m2 [301.3 ft.2] of gross floor area plus
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 97 -
as amended by Bylaw 2010-51 & 2020-41
required spaces for an industrial use or commercial use
Garden centre and nursery
1 space per 30 m2 [322.9 ft.2] of gross floor area
General business including: adult
video rental, animal day care
establishment, antique store, bake
shop, bank, brewery and winery,
catering establishment,
commercial and personal service
establishment, dry cleaning or
laundry outlet, office, grocery store,
laundromat, microbrewery, pet
grooming establishment, rental
store, retail store, service outlet or
shop, shopping centre, tourist
outfitters establishment, video
rental outlet, wholesale
establishment
1 space per 28 m2 [301.3 ft.2] of gross floor area
Group Home
2 spaces plus the required parking for the dwelling
Home Based Business
A minimum of one (1) parking space and a maximum of
three (3) parking spaces shall be permitted in addition to
the required parking for the dwelling
Hotel, Motel, Tourist Establishment
1 space per guest unit, plus
1 space per 12 m2 [129.1 ft.2] of gross floor area
dedicated to administrative, banquet and meeting
facilities
Industrial use, abattoir, agricultural-
related use, bakery, custom work
shop, studio,
1 space per 40 m2 [430.5 ft.2] of gross floor area
Industrial Use for storage including
a warehouse, cold storage facility,
transportation depot or truck
terminal
1 space per 75 m2 [807.3 ft.2] of gross floor area
Place of amusement, arcade,
recreational commercial
establishment, fitness centre,
1 space for every 4 persons that can be accommodated
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 98 -
as amended by Bylaw 2010-51 & 2020-41
4.27 Parts of Buildings or Structures Permitted Above Height Level
1.
The height regulations in this By-law shall not apply to any of the following:
a)
Air conditioning system
b)
Chimney
c)
Church spire or belfry or turret
d)
Communications facility
e)
Drying tower
f)
Elevator or stairway enclosure
g)
Enclosed mechanical and electrical equipment
h)
Farm buildings and structures including but not limited to a barn, silo or
windmill
i)
Flag pole
j)
Hydro electric transmission tower or pole
k)
Ornamental dome or clock tower
l)
Receiving and transmitting antenna
m)
Receiving stations
n)
Satellite dish/receiver
o)
Skylight
p)
Solar collector/commercial solar collector
q)
Ventilating fan or skylight
r)
Water tower
s)
Wind Turbine/commercial wind turbine
2.
The minimum setbacks in all directions for a communications facility shall
be the equivalent of the height of the tower except where such facility is
authorized and/or approved by Industry Canada.
4.28 Permitted Projections
Every part of any yard required by this By-law shall be open and unobstructed by any
structure from the ground to the sky except that those structures listed in the following
table shall be permitted to project into the minimum yards required by this By-law for the
massage parlour, wellness centre
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, Tavern
1 parking space per 10 m2 [107.64 ft.2]
School - elementary
1.5 spaces per classroom plus 6 spaces for visitors
School - secondary or private
3 spaces per classroom plus 8 spaces for visitors
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 99 -
as amended by Bylaw 2010-51 & 2020-41
following specified distances:
Table 4.28 - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO
REQUIRED YARD
Chimney breasts, cornices, sills, bay
windows, pilasters, eaves or gutters
0.75 m [2.46 ft.] into any required front
yard, rear yard or interior side yard or
exterior side yard
Canopies which are at least 2.13 m (7 ft.)
in
vertical
clearance
above
the
established
grade,
with
or
without
supporting posts
2.0 m [6.5 ft.] into any required yard
Canopies for entrances to apartment
buildings and commercial buildings
Despite any other provisions in this By-
law, a canopy or portico over a major
entrance to an apartment building or
commercial building may project into the
required yard a distance equal to one-half
(1/2) the setback of the building from the
street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps for use by persons with
disabilities
No maximum into any required yard
Unenclosed porch, uncovered platform
landing, patio or balconies or steps
No maximum into any side yard and 3.0
m [9.8 ft.] into any required front or rear
yard
Accessory building
As permitted by and as specified in this
By-law
No structure permitted to project into any required yard shall obstruct a sight triangle
(see also Section 4.30).
4.29 Prohibited Uses
Except as specifically permitted in this By-law, the following uses are prohibited:
1.
No use shall be permitted within the Township which from its nature or the
materials used therein is declared to be a noxious trade, business or
manufacture.
2.
Except as otherwise specifically permitted in this By-law, no land shall be
used and no building or structure shall be erected, altered or used for any
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 100 -
as amended by Bylaw 2010-51 & 2020-41
purpose that creates or is likely to become a nuisance or offensive, or both,
to an adjacent property holder or to the general public.
4.30 Sight Triangles
On a corner lot no obstruction higher than 0.75 m [2.5 ft.] (except a chain link fence for
a school or park) shall be permitted on that part of a lot at the street corner composed
of a triangle having sides 5.0 m [16.4 ft.] in length along each street line measured from
the street corner formed by the lot lines, or by the straight line projection of lot lines
when lot lines are connected by a curved line (see illustration).
4.31 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with
the applicable by-law(s) of the Township.
4.32 Storage Containers in a Residential Zone
No person shall place a storage container in any residential zone except in
accordance with the zone regulations in Table 4.32.
4.33 Storage Containers in a Non-Residential or Rural Zone
No person shall place a storage container in any non-residential zone or Rural Zone
except in accordance with the zone regulations in Table 4.32.
Table 4.32 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones Industrial & Rural
Zones
Number of Storage
Containers and Storage
Trailers (Units)
permitted per lot
-not permitted in R1,
R2, and MHP
-1 storage container
per dwelling unit in RR
as an accessory use
-Storage trailers are
prohibited in any
residential zone
-maximum of 3 units
whether storage
containers or storage
trailers or a combination
thereof in a C, CR and
CL zone only
- no limit where the C
and CR permitted use is
for the commercial
display and sale of
storage containers or
where the permitted use
is a commercial self-
storage facility
- maximum of 3 units
whether storage containers
or storage trailers or a
combination thereof in any
Industrial Zone and in a
Rural Zone for a non-
residential use with a
minimum 0.4 ha lot area
-one (1) additional unit shall
be permitted for each
additional 4 ha of land area
in a Rural Zone only, up to a
maximum of 10 total
-not permitted in any source
protection, environmental
and open space zones
Maximum Container
Dimensions
-RR Zone: 3m (width)
by 4.8 m (length) by 2.9
m (height) and a
maximum gross floor
area of 14.4 m2 per unit
-3 m (width) by 12.1 m
(length) by 2.9 m
(height) and a maximum
gross floor area of 36.3
m2 per unit
-3 m (width) by 12.1 m
(length) by 2.9 m (height)
and a maximum gross floor
area of 36.3 m2 per unit
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 101 -
as amended by Bylaw 2010-51 & 2020-41
Table 4.32 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones Industrial & Rural
Zones
Location
-Rear Yard only except
on a temporary basis
-all other applicable
setbacks shall continue
to apply
-minimum 1.5 m
distance separation
from any main building,
the window or door of a
habitable room
-Rear Yard or Interior
Side Yard only except
on a temporary basis
-all other applicable
setbacks continue to
apply
-minimum 1.5 m
distance separation
from any main building,
window or door of a
habitable room
-No restriction provided
unit(s) set back a minimum
of 30 m from street line
-all other applicable setbacks
shall continue to apply
-minimum 1.5 m distance
separation from any main
building, window or door of a
habitable room
Maximum Lot Coverage
Shall apply as per the
zone affected
Shall apply as per the
zone affected
Shall apply as per the zone
affected
Location Restriction
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape
buffer
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape
buffer
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape buffer
Use Restriction
Human habitation is
prohibited.
A storage
container shall not
be used for the
storage of fuels or
hazardous
materials.
Human habitation is
prohibited.
A storage
container shall not
be used for the
storage of fuels or
hazardous
materials.
Human habitation is
prohibited.
A storage container
shall not be used for the
storage of fuels or
hazardous materials.
Maximum Height
Restriction
No stacking of storage
units shall be permitted
No stacking of storage
units shall be permitted
No stacking of storage units
shall be permitted
Ventilation
Ventilation shall be
required
Ventilation shall be
required
Ventilation shall be required
Fencing
Use for the purpose of
screening or fencing
prohibited
Use for the purpose of
screening or fencing
prohibited
Use for the purpose of
screening or fencing
prohibited
Advertising on a
Storage Container or
Storage Trailer
Prohibited
Prohibited
Prohibited
Snow Load, Rain Load,
Fire, Occupancy and
Foundations
Shall comply with
Ontario Building Code
Shall comply with
Ontario Building Code.
Trailer wheels to be
removed
Shall comply with Ontario
Building Code. Trailer wheels
to be removed
Additional Provisions:
1. A storage container and a storage trailer shall be considered as an accessory use.
2. Despite the number of storage containers and storage trailers permitted in Table 4.32, this section shall
not be deemed to prevent the use of a storage container or storage trailer as a temporary use in any zone
where required for the storage of building materials or equipment or use as a field office associated with
construction on the same lot provided a valid building permit is in place. Despite the location limitations,
any storage unit may be located in any yard except in a sight triangle (see also Section 3.25).
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 102 -
as amended by Bylaw 2010-51 & 2020-41
Table 4.32 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones Industrial & Rural
Zones
3. Despite the number of storage containers and storage trailers permitted in Table 4.32, this section shall
not be deemed to prevent the use of a storage container or storage trailer required as part of the operation
of a Contractor's Yard as defined in this by-law or as part of a processing or other operation of an
industrial use.
4. Despite the requirements on the Ontario Building Code, a foundation shall not be required for any storage
container with a gross floor area of less than 55 m2.
5. A storage container shall be permitted in a driveway on a residential property for a
period not to exceed five (5) days and only for the purpose of loading or unloading
household items during the process of moving, but in no case shall encroach upon a
public sidewalk or create a site line obstruction to traffic.
4.34 Streets and Parks
In any zone established by this By-law, streets, walkways, bike paths and parks are
permitted.
4.35 Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary building or structure or a scaffold or other equipment essential to the
construction in progress for which a building permit has been granted, but only until
such time as the work has been finished or abandoned or such equipment is no longer
required.
In addition, temporary accommodation for a business or other use which is intended to
occupy a building which is under construction with the work in progress on such
building may be temporarily permitted on the same lot in the form of a mobile,
relocatable, portable or transportable building provided:
1.
Approval is obtained pursuant to the matters contained herein; and
2.
Such temporary accommodation is removed from the lot immediately upon
completion of construction, abandonment of construction or at such time as
in the opinion of the Corporation it is no longer required.
4.36 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any utility installation for the purpose of public service by the Township of
Sables-Spanish Rivers and/or any public authority, any department of the Government
of Ontario or Canada, including any Hydro One/OPG facilities pursuant to the Planning
Act, or publicly licensed authority provided that where such land, building or structure
is located in or abutting a zone in which residential uses of land are permitted
provided:
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 103 -
as amended by Bylaw 2010-51 & 2020-41
1.
No goods, materials or equipment shall be stored in the open;
2.
The lot coverage and setback regulations of the zone in which such land,
building or above ground structure is located shall be complied with;
3.
Any building erected under the authority of this section shall not be used for
the purpose of an office;
4.
Parking and loading requirements as contained in this By-law shall be
complied with; and
5.
A communications facility established by a public or private authority shall
be permitted in any Industrial Zone or Rural Commercial (CR) Zone or Rural
(R) Zone, provided the construction standard complies with the applicable
provincial and federal statutes and regulations and provided that the base of
any freestanding tower is set back a minimum of 20 m [65.6 ft.] from any lot
line. Communications facilities shall comply with Industry Canada
Standards for construction and safety.
4.37 Water Supply and Sewage Disposal Systems
No person shall hereafter erect or use in whole or in part, any building or structure for
any residential, commercial, institutional or industrial purposes on any land unless the
use, building or structure is properly connected to an approved water supply and
sewage disposal system under the Ontario Water Resources Act or the Building Code
Act unless the use is exempted under the Building Code Act for same.
4.38 Yard Sale
A yard sale shall be permitted as an accessory activity to a permitted residential
use or public service use and may be permitted on a commercial property.
4.39 Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the lot shall be
used in accordance with the provisions of this By-law for the zone where such portion of
the lot is located. Each such portion of the lot shall be considered as a separate lot for
the purposes of determining zone provisions.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 104 -
as amended by Bylaw 2010-51 & 2020-41
Section 5 ZONES
5.1
ZONE CLASSIFICATION
For the purposes of this By-law, the Township of Sables-Spanish Rivers is divided into
the following zones as named and described in the following sections, the boundaries
of which are shown on Schedule "A, B and C" which are attached and form part of this
By-law.
5.2
ZONES
Zone Symbol
RESIDENTIAL ZONES
-
General Residential Zone ........................................................................... R1
-
Multiple Residential Zone ........................................................................... R2
-
Resource Recreation Zone ....................................................................... RR
-
Mobile Home Park Zone ......................................................................... MHP
COMMERCIAL ZONES
-
General Commercial Zone ........................................................................... C
-
Rural Commercial Zone ............................................................................ CR
-
Local Commercial Zone ............................................................................. CL
INDUSTRIAL ZONES
-
Light Industrial Zone .................................................................................. M1
-
Medium Industrial Zone ............................................................................. M2
-
Rural Industrial Zone ................................................................................ M3
-
Mineral Aggregate Resource Zone ........................................................... MX
-
Waste Management Facility ................................................................... WMF
-
Mining Zone .............................................................................................. MR
-
Salvage Yard Zone................................................................................. MSR
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 105 -
as amended by Bylaw 2010-51 & 2020-41
RURAL AND ENVIRONMENTAL ZONES
-
Rural Zone ................................................................................................... R
-
Environmental Protection .......................................................................... EP
5.3
INTERPRETATION OF ZONE BOUNDARIES
5.3.1 When determining the boundary of any zone as shown on any Schedule
forming part of this By-law, the following provisions shall apply:
1.
A boundary indicated as following a highway, street or lane shall be the centre
line of such highway, street or lane;
2.
A boundary indicated as following a watercourse, creek, stream or the right-of-
way of a railway or an electrical, gas or oil transmission line shall be the centre
line of such watercourse, creek, stream or right-of-way;
3.
A boundary indicated as following the shoreline shall follow such shoreline, and
in the event of a change in the shoreline, the boundary shall be construed as
moving with the actual shoreline;
4.
A boundary indicated as approximately following lot lines shown on a Registered
Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot
lines;
5.
Where a boundary is indicated as approximately parallel to a street line or other
feature, indicated in clause (1), (2), and (3) above, and the distance from such
street line or other feature is not indicated, and clause (4) above is not
applicable, such boundary shall be construed as being parallel to such street
line or other feature, and the distance therefrom shall be determined according to
the scale shown on the appropriate Schedule;
6.
A boundary indicated as following the limits of the Municipality shall follow such
limits; and
7.
In the event a dedicated public street, lane or right-of-way shown on any
Schedule forming part of this By-law is closed, the property formerly in such
street, lane or right-of-way shall be included within the zone of the adjoining
property on either side of such closed public street, lane or right-of-way. If a
closed public street, lane or right-of-way is the boundary between two or more
different zones the new zone boundaries shall be the former centre line of the
closed public street, lane or right-of-way.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 106 -
as amended by Bylaw 2010-51 & 2020-41
5.4
GENERAL RESIDENTIAL - R1
No person shall use any land or erect, alter or use any building or structure in the
General Residential - R1 Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.4.1 Permitted Uses
- Dwelling - Converted
- Dwelling - Duplex
- Dwelling - Seasonal
- Dwelling - Semi-detached
- Dwelling - Single Detached
- Group Home (see Section 4.14)
- Park
- Place of Worship
- Public Service Use (see Section 4.36)
- Public Utility (see Section 4.36)
- School
- Existing commercial uses in the Hamlet
of Walford
Accessory Uses, Buildings and
Structures
- Apartment-in-a-House
- Bed and Breakfast
Establishment
- Garden Suite where permitted
under a temporary use by-law
amendment (see Section 4.13)
- Home Based Business
- Marine Facility
- Parking Area
- Additional Residential Unit
- Any other uses, buildings or
structures which are accessory
to the list of permitted uses
5.4.2 Zone Requirements
Minimum Lot Area - Municipal Water or Municipal Sewer
-
Single detached, seasonal dwelling, group home, place of worship,
public service use, school ................................... 700 m² [7,534.9 ft.2]
-
Semi-detached, duplex, converted dwelling: ........ 700 m²/dwelling unit:
[7,534 ft2]
Minimum Lot Area - Individual On-Site System: 1 ha/dwelling unit [2.47 ac]
Minimum Lot Frontage per Dwelling Unit - Municipal Water or Municipal
Sewer
Webbwood ................................................................... 15 m [49.2 ft.]
Massey (By-law 88-5) ................................................ 18.28 m [60 ft.]
Minimum Lot Frontage per Dwelling Unit -
Individual On-Site System ......................................... 80 m [262.4 ft.]
Minimum Lot Depth ............................................................... 30 m [98.4 ft.]
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 107 -
as amended by Bylaw 2010-51 & 2020-41
Minimum Yard Requirements - Main Building
- Front Yard .......................................................................... 6 m [19.6 ft.]
- Rear Yard ......................................................................... 6 m [19.6 ft.]
- Interior Side Yard ............................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard .............................................................. 6 m [19.6 ft.]
Minimum Yard Requirements - Accessory Building
- Front Yard .......................................................................... 6 m [19.6 ft.]
- Rear Yard ....................................................................... 1.2 m [3.93 ft.]
- Interior Side Yard ............................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard .............................................................. 6 m [19.6 ft.]
Maximum Building Height
- Main Building ...................................................................... 11 m [36 ft.]
- Accessory Building ............................................................ 6 m [19.6 ft.]
Maximum Lot Coverage - Municipal Water or Municipal Sewer ............ 35%
Maximum Lot Coverage - Individual On-Site System ............................ 10%
Maximum No. of Dwelling Units per Lot*
- Dwelling - Single detached, seasonal, group home ............................. 1
- Dwelling - Semi-detached, duplex, converted ...................................... 2
* Except where a lot is rezoned to permit a Garden Suite as a permitted
use (see Section 4.13)
5.4.3 Additional Provisions
1.
No part of any kennel may be located closer than 100 m [328 ft.] to a dwelling
unit on another lot;
2.
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.4.2;
3.
Cemeteries shall not be governed by the above standards but shall conform with
the Funeral, Burial and Cremation Services Act, 2002;
4.
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling.
5.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 108 -
as amended by Bylaw 2010-51 & 2020-41
5.4.4 Exception Zones (See also Section 6)
1.
R1-1: Unit 18, Plan D-263.
(By-law 88-7, Massey)
2.
R1-2: Units 18 and 19, Plan D-264.
(By-law 89-15, Massey)
3.
R1-3: Units 14, 18, 19 and 20, Plan D-256
(By-law 92-13, Massey)
4.
R1-4: Unit 10, Plan D-256.
(By-law 93-15, Massey)
5.
R1-5: Parcel 979, S. W. S., being lot 16, Plan M-5, Town of Webbwood (31
Bolton Street).
(By-law 95-5, Webbwood)
6.
R1-6: Parcel 1678, S. W. S., being Part 1, Plan 53R-9636 in Lot 8, Concession 6,
Town of Webbwood (112 Agnew Lake Road) (By-law 95-6, Webbwood)
7.
R1-7: Parcel 1539, Plan M-6, West Half Lot 31, Hallam, (Webbwood)
(By-law 99-42, SSR)
8.
R1-8: Section 26, Parcel 26-3, Victoria
(By-law 2004-10)
9.
R1-9: North part of Section 25, Parcel 1-1, Plan D-269, Unit 1 & 2, Salter
(By-law 2006-36)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 109 -
as amended by Bylaw 2010-51 & 2020-41
5.5
MULTIPLE RESIDENTIAL - R2
No person shall use any land or erect, alter or use any building or structure in the
Multiple Residential - R2 Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.5.1 Permitted Uses
- Continuum-of-care-Facility
- Dwelling - Apartment
- Dwelling - Converted
- Dwelling - Row/Townhouse
- Marine Facility
- Park
Accessory Uses, Buildings and
Structures
(see also Section 4.1)
- Home Based Business (see
Section 4.15)
- Parking Area
- Additional Residential Unit
- Any other uses, buildings
and structures which are
accessory to the list of
permitted uses
5.5.2 Zone Requirements
Minimum Lot Area - Municipal Water or Municipal Water for an apartment,
converted or row dwelling: 1,300 m² [13,993.5 ft.2] for 1st 4 units plus 400
m² [4,305.7 ft.2]/each additional dwelling unit thereafter
Minimum Lot Area Continuum-of-care-Facility .................... 0.8 ha [1.97 ac.]
Minimum Lot Frontage
- Apartment Dwelling ........................................................ 36 m [118.1 ft.]
- Row Dwelling ................................................ 6 m/ dwelling unit [19.6 ft.]
Minimum Yard Requirements - Main Building
- Front Yard .......................................................................... 6 m [19.6 ft.]
- Rear Yard ....................................................................... 7.5 m [24.6 ft.]
- Interior Side Yard ............................................................ 1.2 m [3.93 ft.]
- Other side .......................................................................... 3 m [9.84 ft.]
- Exterior Side Yard .............................................................. 6 m [19.6 ft.]
Minimum Yard Requirements - Accessory Building
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 110 -
as amended by Bylaw 2010-51 & 2020-41
- Front Yard .......................................................................... 6 m [19.6 ft.]
- Rear Yard ....................................................................... 1.2 m [3.93 ft.]
- Interior Side Yard
1.2 m [3.93 ft.]
- Exterior Side Yard
6 m [19.6 ft.]
Maximum Building Height
- Main Building ...................................................................... 11 m [36 ft.]
- Accessory Building ........................................................... 6 m [19.6 ft.]
Maximum Lot Coverage ........................................................................ 35%
Maximum No. of Dwellings per Lot ............................................................. 1
5.5.3 Additional Provisions
1.
No part of any kennel may be located closer than 100 m [328 ft.] to a dwelling
unit on another lot.
2.
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.5.2.
3.
The minimum landscaped open space for any permitted residential use,
Continuum-of-care-Facility shall be 15% of the lot area.
4.
The minimum interior side yard shall not apply to the party wall of a
row/townhouse dwelling.
5.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.5.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 111 -
as amended by Bylaw 2010-51 & 2020-41
5.6 RESOURCE RECREATION - RR
No person shall use any land or erect, alter or use any building or structure in the
Resource Recreation - RR Zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.6.1 Permitted Uses
-
Campground (see Section 5.6.3)
-
Dwelling - Seasonal
-
Dwelling - Single Detached
-
Golf Course
-
Marina
-
Mobile Home
-
Parking Lot - Commercial
-
Public Service Use (see Section
4.34)
-
Public Utility (see Section 4.34)
-
Recreational Commercial
Establishment
-
Restaurant
-
Tourist Establishment
-
Tourist Outfitters Establishment
Accessory Uses, Buildings and
Structures (see also Section 4.1)
-
Accessory Dwelling
-
Accessory Dwelling Unit
-
Camp (see also Section 4.4)
-
Garden Suite where permitted
under a temporary use by-law
amendment (see Section 4.13)
-
Home Based Business (see
Section 4.15)
-
Marine Facility
-
Parking Area
-
Shoreline Structure (see Section
5.6.3)
-
Any other uses, buildings and
structures which are accessory
to the list of permitted uses
5.6.2 Zone Requirements
Minimum Lot Area
- Exterior Side Yard ....................................................... 15 m [49.2 ft.]
- Seasonal dwelling, single detached dwelling, mobile home -
.................................................................................... 1 ha [2.47 ac.]
- All other uses: ............................ The greater of 1 ha [2.47 ac.] or as
required by a hydrogeological study
Minimum Lot Frontage ......................................................... 80 m [262.4 ft.]
Minimum Lot Depth .............................................................. 50 m [164.4 ft.]
Minimum Yard Requirements - Main Building
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 112 -
as amended by Bylaw 2010-51 & 2020-41
- Front Yard (1) with shoreline frontage ......................... 30 m [98.4 ft.]
- Front Yard (2) back lot ................................................. 15 m [49.2 ft.]
- Rear Yard ...................................................................... 6 m [19.6 ft.]
- Interior Side Yard ........................................................... 4 m [13.1 ft.]
- Exterior Side Yard ....................................................... 15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Building
- Front Yard .................................................................... 15 m [49.2 ft.]
- Rear Yard ...................................................................... 4 m [13.1 ft.]
- Interior Side Yard ........................................................... 4 m [13.1 ft.]
- Exterior Side Yard ....................................................... 15 m [49.2 ft.]
(See also 5.6.3 - Additional Provisions for Shoreline Structures)
Maximum Building Height
- Main Building .................................................................. 11 m [36 ft.]
- Accessory Building ........................................................ 6 m [19.6 ft.]
- Boat House ............................................................................1 storey
Maximum Lot Coverage ........................................................................ 10%
Maximum No. of Dwelling Units per Lot*
- Dwelling - Single detached, mobile home, seasonal dwelling .......... 1
* Except where a lot is rezoned to permit a Garden Suite as a
permitted use (see Section 4.13)
5.6.3 Additional Provisions
1.
New development and land uses and new or expanding livestock facilities in or
adjacent to a Resource Recreation zone will comply with the Minimum Distance
Separation Formulae I and II;
2.
No part of any kennel may be located closer than 100 m [328 ft.] to a dwelling
unit on another lot;
3.
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.6.2.;
4.
Cemeteries shall not be governed by the above standards but shall conform with
the Funeral, Burial and Cremation Services Act, 2002;
5.
No shoreline structure shall be permitted within a depth of 15 m [49.2 ft.] from
the shoreline except a deck, boat house, boat port, float plane hangar, dock or
wharf;
6.
With the exception of a boat house (wet), boat port, float plane hangar, dock or
wharf, all shoreline structures shall be constructed within the confines of the
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 113 -
as amended by Bylaw 2010-51 & 2020-41
property boundaries of a lot;
7.
The gross floor area of a boat house or boat port, shall not exceed 80 m2
[861.1 ft.2];
8.
A sauna or steam bath shall not exceed a gross floor area of 10 m2 [107.6 ft.]
and shall not be serviced by a pressurized water system;
9.
The type of docks shall generally be limited to floating, cantilevered or post dock
construction. Other types of docks may be permitted where it is demonstrated
that they will not have a negative impact on fish habitat. Docks shall be built of
non-toxic building materials. The shoreline below the high-water mark shall not
be permanently altered through the construction of shoreline structures except to
accommodate the placement or use of docks as approved by the authority having
jurisdiction. No dock shall exceed 1.8 m [6 ft.] in width or 10 m [32.8 ft.] in length.
Despite these dimensions, no dock or wharf shall be constructed which
constitutes a navigation or safety hazard;
10.
No shoreline structure which will destroy fish habitat shall be permitted;
11.
A density not to exceed maximum of 12 campsites per 0.4 ha [0.98 ac.) shall be
permitted for a campground and a beach or other recreational area. The
minimum area of a campsite shall be 10 m2 [107.6 ft.2];
12.
Where the lot or part thereof fronts on a private road, the setbacks for the
erection of a building or structure shall be measured from the private road (see
definition of setback).
13.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.6.4 Exception Zones (See also Section 6)
1. RR-1: SE ¼, Section 18, Victoria
(By-law 80-11, Spanish River)
2. RR-2: Kecil Lake, Lots 1-8, Plan 53M-1139 (By-laws 81-24, 81-45, Spanish River)
3. RR-3: Victoria Cove Subdivision
(By-law 83-14, Spanish River)
4. RR-4: Slack Subdivision
(By-law 83-25, Spanish River)
5. RR-5: Parcel 1788, May
(By-law 88-36, Spanish River)
6. RR-6: Parcel 15-4, Section 15, Victoria
(By-law 89-52, Spanish River)
7. RR-7: SE ¼, Section 35, Salter
(By-law 89-68, Spanish River)
8. RR-8: Parcel 7561, Lot 10, Concession 3, Harrow (By-law 90-48, Spanish River)
9. RR-9: Parcel 40-1, Section 40, Victoria
(By-law 91-04, Spanish River)
10. RR-10: Part 2, Plan 53R-9271, Lot 11, Concession 4, Harrow
(By-law 92-22, Spanish River)
11. RR-11: Parcel 15-4, Part 1, SR 1917, Section 15, Victoria (By-law 92-25, Spanish River)
12. RR-12: Parcel 17-1, Part SE 17, NE ¼, Victoria
(By-law (5-26, Spanish River)
13. RR-13: Parcel 17-1, Part Section 17, Victoria (By-law 90-10, Spanish River)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 114 -
as amended by Bylaw 2010-51 & 2020-41
14. RR-14: Plan 53R-15646, Parcel 17-3, Section 17, Victoria (By-law 96-18, Spanish River)
15. RR-15: Parcels 8252, 16071, Lot 11, Concession 4, Harrow (By-law 96-39,
Spanish River)
16. RR-16: Parcels 10125, 30055, Lot 10, Concession 3, Harrow (By-law 98-11,
Spanish River)
17. RR-17: Parcel 17-1, Part NE ¼, Section 17, Victoria (By-law 18-98, Spanish River)
18. RR-18: Parcel 17-1, Plan 53M-1278, Lots 17, 18, Part NE ¼, Section 17, Victoria
(By-law 2000-13, SSR)
19. RR-19: Parcel 27697, Concession 5, Lot 10, McKinnon (By-law 2003-12, SSR)
20. RR-20: Plan 53M-1264, Shakespeare
(Minister's Zoning Order)
21. RR-21: Concession 5, Lot 1 & 2, Parcel 31455, Plan 53R-17178, Part 1, Harrow
(By-law 2003-40)
22. RR-22: Concession 5, Lot 11, Parcel 19359 and Parcel 20266, McKinnon
(By-law 2004-29)
23. RR-23: Section 18, Parcel 28661, Plan 53R-9587, Part 1, Victoria (By-law 2004-23)
24. RR-24: Part NW ¼ Section 17, Parcel 53M-1155-8, Plan 53M-1155, Lot 8, Victoria
(By-law 2004-31)
25. RR-25: Concession 4, Lot 11, Parcel 10718, 9888, 9756, Plan 54R-15870, Parts 1,
3, 4, 5, 8 Harrow and Concession 4, Lot 11, Parcel 9793, Harrow (By-law 2004-36)
26. RR-26: Section 18, Parcel 18-4-6, Plan 53R-14759, Parts 3, 5 & 6, Victoria
(By-law 2006-37)
27. RR-27: Concession 5, Lot 11, Parcel 20266, McKinnon (By-law 2007-17)
28. RR-28: Concession 4, Part Lot 11, Plan 53R-9842, Parts 1, 2 & 3, Harrow
(By-law 2007-19)
29. RR-29: Section 17, Part 4, Plan 53R-1155, Part of Part 1, Plan 53R-16509, Victoria
(By-law 2007-23)
30. RR-30: Section 18, Parcel 18-4-6, Pat 7, Plan 53R-14759, Victoria (By-law 2007-27)
31. RR-31: Parcel 1033L, Plan M-951, Lot 6, Gough (By-law 2007-29)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 115 -
as amended by Bylaw 2010-51 & 2020-41
5.7
MOBILE HOME PARK - MHP
No person shall use any land or erect, alter or use any building or structure in the
Mobile Home Park - MHP Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.7.1 Permitted Uses
-
Mobile Home Park
-
Mobile Homes including a Park Model
Unit
Accessory Uses, Buildings and
Structures
(see also Section 4.1)
-
Accessory Dwelling
-
Accessory Dwelling Unit
-
Additional Residential Unit
-
Home Based Business (see
Section 4.15
-
Park
-
Playground
-
Any other uses, buildings and
structures which are accessory
to the list of permitted uses
5.7.2 Zone Requirements
Minimum Lot Area or Site Area
- Mobile Home Park ....................................................... 2 ha [4.94 ac.]
- Mobile Home Site or Lot ...................................... 670 m² [7, 212 ft.2]
- Accessory Dwelling Unit .. 1 ha [2.47 ac] per unit in addition to above
Minimum Lot Frontage
- Mobile Home Park ..................................................... 80 m [262.4 ft.]
- Mobile Home Site or Lot ................................................. 18 m [59 ft.]
Minimum Lot Depth
- Mobile Home Park ..................................................... 50 m [164.4 ft.]
- Mobile Home Site or Lot ............................................ 36 m [118.1 ft.]
Minimum Mobile Home Yard Requirements - Main Building
- Front Yard ...................................................................... 6 m [19.6 ft.]
- Rear Yard ...................................................................... 6 m [19.6 ft.]
- Interior Side Yard ........................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard ........................................................ 6 m [19.6 ft.]
- Minimum Yard Requirements
- Mobile Home Park (all yards) ...................... 6 m [19.6 ft.]
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 116 -
as amended by Bylaw 2010-51 & 2020-41
Minimum Yard Requirements - Accessory Building
- Front Yard ..................................................................... 5 m [19.6 ft.]
- Rear Yard ................................................................... 1.2 m [3.93 ft.]
- Interior Side Yard ........................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard ........................................................ 6 m [19.6 ft.]
Maximum Building Height
- Main Building .................................................................. 11 m [36 ft.]
- Accessory Building ........................................................ 6 m [19.6 ft.]
Maximum Lot Coverage - Mobile Home Site or Lot ............................... 30%
Maximum Number of Mobile Homes per Site or Lot ................................... 1
5.7.3 Additional Provisions
1.
Mobile Home Park
a)
New development and land uses and new or expanding livestock facilities
in or adjacent to a Resource Recreation zone will comply with the Minimum
Distance Separation Formulae I and II;
b)
Minimum width of landscaped open space (buffer) on all boundaries of a
mobile home park shall be 7.5 m [24.6 ft.]; a
c)
A minimum of 10 % of the lot shall be dedicated and developed for
recreational facilities such as a park or playground areas for common use of
the mobile home park residents. Such areas shall not form part of the
mobile home sites or internal streets within the mobile home park and shall
be clearly bordered by a fence or hedge or definable separation from a street
or mobile home sites and shall be appropriately landscaped.
2.
Mobile Home Site or Lot
a)
Mobile home sites or lots shall be provided from an internal park street with
no sites having direct access to a public street; and
b)
The installation of a mobile home shall be in conformance with the Ontario
Building Code.
3.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 117 -
as amended by Bylaw 2010-51 & 2020-41
5.8
GENERAL COMMERCIAL - C
No person shall use any land or erect, alter or use any building or structure in the
General Commercial - C Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.8.1
Permitted Uses
- Animal Day Care Establishment
- Animal Shelter
- Auction Hall
- Auto Service Station
- Automotive Sales Establishment
- Bakery
- Bank
- Brewery or Winery
- Building Supply Store
- Car Washing Establishment
- Clinic
- Commercial Greenhouse
- Community Garden
- Convenience Store
- Crisis Care Facility
- Day Nursery
- Drive-through Facility
- Dwelling, Converted (Webbwood
only)
- Dwelling, Single Detached
(Webbwood only)
- Equipment Rental Establishment
- Fitness Centre
- Flea Market
- Funeral Home
- Garden Centre
- Gasoline Bar
- Gasoline Card Lock Facility
- Microbrewery
- Motel
- Office
- Parking Lot - Commercial
- Personal Service Establishment
- Place of Amusement
- Place of Assembly
- Place of Worship
- Private Club
- Public Service Use (see
Section 4.36)
- Public Utility (see
Section 4.36)
- Recreational
Commercial
Establishment
- Recreational Vehicle
Sales and Storage and
Repair
- Restaurant
- Retail Store
- Self-Storage Facility
- Studio
- Tourist Establishment
- Veterinary
Establishment
- Warehouse
- Workshop or Custom
Workshop
Accessory Uses, Buildings
and Structures
(see also Section 4.1)
- Accessory Dwelling Unit
- Any other uses,
buildings and structures
which are accessory to
the list of permitted uses
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 118 -
as amended by Bylaw 2010-51 & 2020-41
5.8.2 Zone Requirements
Minimum Lot Area
- Municipal Water or Municipal Sewer ....................... 558 m² [6,006.4 ft.2]
- Individual On-Site System ................................................ 1 ha [2.47 ac.]
Minimum Lot Frontage ........................................................... 15 m [49.2 ft.]
Minimum Lot Depth ................................................................ 15 m [49.2 ft.]
Minimum Yard Requirements - Main Building
- Front Yard .......................................................................... 1 m [3.28 ft.]
- Rear Yard ......................................................................... 6 m [19.6 ft.]
- Interior Side Yard ............................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard .............................................................. 6 m [19.6 ft.]
Minimum Yard Requirements - Accessory Building
- Front Yard .......................................................................... 6 m [19.6 ft.]
- Rear Yard ....................................................................... 1.2 m [3.93 ft.]
- Interior Side Yard ............................................................... 1 m [3.28 ft.]
- Exterior Side Yard .............................................................. 6 m [19.6 ft.]
Maximum Building Height
- Main Building ...................................................................... 11 m [36 ft.]
- Accessory Building ............................................................ 6 m [19.7 ft.]
Maximum Lot Coverage ........................................................................ 60%
Maximum No. of Dwelling Units per Lot ..................................................... 2
5.8.3 Additional Provisions
1.
An accessory dwelling unit may be located within a building occupied by any
commercial use except an automotive use. Where the dwelling unit is detached,
the minimum lot area shall be as set out in the R1 Zone and shall be in added to
the minimum lot size in the C Zone;
2.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5 m
[4.92 ft.] in width shall be provided along the abutting lot line(s); and
3.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, the setback on the abutting yard shall be
a minimum of 7.5 m [24.6 ft.].
4.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 119 -
as amended by Bylaw 2010-51 & 2020-41
5.8.4 Exception Zones
1.
C-1: Unit 13 and Part of Units 10 and 15, Plan D-260, RP53R-8545, Part 2
added.
(By-law 93-16, Massey)
2.
C-2: Units 34 and 35, Plan D-269, Town of Massey.
(By-law 93-17, Massey)
3.
C-3: Units 9, 10 and 13, Plan D-260, Town of Massey.
(By-law 93-29, Massey)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 120 -
as amended by Bylaw 2010-51 & 2020-41
5.9
RURAL COMMERCIAL - CR
No person shall use any land or erect, alter or use any building or structure in the
Rural Commercial - CR Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.9.1 Permitted Uses
- Accessory Use (see also Section 4.1)
- Agriculturally Related
Commercial/Industrial Use
- Ambulance facility, helipad, heliport
- Animal Day care Establishment
- Animal Shelter
- Antique Store
- Auction Hall
- Auto Body Shop
- Auto Repair Garage
- Auto Service Station
- Brewery or Winery
- Building Supply Store
- Car Washing Establishment
- Clinic
- Commercial Greenhouse
- Drive-through Facility
- Equipment Rental Establishment
- Farm Produce Outlet
- Flea Market
- Garden Centre
- Gasoline Bar
- Home Based Business (see Section
4.15)
- Laundromat
- Microbrewery
- Motel
- Nursery
- Office
- Parking Lot - Commercial
- Personal Service Establishment
- Place of Amusement
- Printing and Publishing
Establishment
- Private Club
- Public Service Use
(see Section 4.36)
- Public Utility (see Section
4.36)
- Recreational Commercial
Establishment
- Recreational Vehicle
Sales and Storage and
Repair
- Restaurant
- Self-Storage Facility
- Service Outlet
- Small Scale Retail Use
(see Section 5.9.3 for
description)
- Studio
- Tourist Establishment
- Tourist Outfitters
Establishment
- Transportation Depot
- Veterinary Establishment
- Video Rental Outlet
- Warehouse
Accessory Uses, Buildings
and Structures
- Accessory Dwelling
- Accessory Dwelling Unit
- Shoreline Structure (see
Section 5.6.3)
- Any other uses,
buildings and structures
which are accessory to
the list of permitted uses
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 121 -
as amended by Bylaw 2010-51 & 2020-41
5.9.2 Zone Requirements
Minimum Lot Area .............................................................. 1.0 ha [2.47 ac.]
Minimum Lot Area with a detached Accessory Dwelling
or Accessory Dwelling Unit .................................................... 2 ha [4.94 ac.]
Minimum Lot Frontage ......................................................... 80 m [262.4 ft.]
Minimum Lot Depth ................................................................. 50 m [164 ft.]
Minimum Yard Requirements
- Front Yard ........................................................................ 15 m [49.2 ft.]
- Rear Yard .......................................................................... 4 m [13.1 ft.]
- Interior Side Yard ............................................................... 4 m [13.1 ft.]
- Exterior Side Yard ............................................................. 4 m [13.1 ft.]
Minimum Yard Requirements - Accessory Building
-
Front Yard ........................................................................ 15 m [49.2 ft.]
-
Rear Yard .......................................................................... 4 m [13.1 ft.]
-
Interior Side Yard ............................................................... 4 m [13.1 ft.]
-
Exterior Side Yard .............................................................. 4 m [13.1 ft.]
Maximum Building Height
- Main Building ...................................................................... 11 m [36 ft.]
- Accessory Building ............................................................ 6 m [19.7 ft.]
Maximum Lot Coverage ........................................................................ 30%
Maximum No. of Accessory Dwelling Units per Lot .................................... 1
5.9.3 Additional Provisions
1.
No part of any kennel may be located closer than 100 m [328 ft.] to a dwelling
unit on another lot;
2.
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.9.2;
3.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5 m
[4.92 ft.] in width shall be provided along the abutting lot line(s);
4.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, the setback on the abutting yard shall be
a minimum of 7.5 m [24.6 ft.].
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 122 -
as amended by Bylaw 2010-51 & 2020-41
5.
Small Scale Retail Use
Means a building or part thereof, in which foods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public at
retail, and where the net floor area does not exceed 140 m2 [1,507 ft2] inclusive of
any storage.
6.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.9.4 Exception Zones (See also Section 6)
1. CR-1: Parcel 28-3-2, SW Section 28, Victoria
(By-law 90-20, Spanish River)
2. CR-2: Parcel 33-1, NE ¼, Section 33, Victoria
(By-law 91-34, Spanish River)
3. CR-3: Part 4, Plan 53R9271, Parcel 27360, Lot 11, Concession 4, Harrow
(By-law 98-20, Spanish River)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 123 -
as amended by Bylaw 2010-51 & 2020-41
5.10 LOCAL COMMERCIAL - CL
No person shall use any land or erect, alter or use any building or structure in the
Local Commercial - CL Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.10.1 Permitted Uses
- Antique Store or Craft Shop
- Convenience Store
- Day Nursey
- Laundromat
- Video Rental Outlet
Accessory Uses, Buildings and
Structures (see also Section 4.1)
- Accessory Dwelling Unit
- Bed and Breakfast Establishment
- Any other uses, buildings and
structures which are accessory to the
list of permitted uses
5.10.2 Zone Requirements
Minimum Lot Area - Municipal Water or Municipal Sewer . : 558 m² [6,006.4
ft.2]
Minimum Lot Area - Individual On-Site System ...................... 1 ha [2.47 ac.]
Minimum Lot Frontage ........................................................... 15 m [49.2 ft.]
Minimum Lot Depth ................................................................ 15 m [49.2 ft.]
Minimum Yard Requirements - Main Building
- Front Yard ...................................................................... 6 m [19.6 ft.]
- Rear Yard ..................................................................... 6 m [19.6 ft.]
- Interior Side Yard ........................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard ......................................................... 6 m [19.6 ft.]
Minimum Yard Requirements - Accessory Building
- Front Yard ...................................................................... 6 m [19.6 ft.]
- Rear Yard ................................................................... 1.2 m [3.93 ft.]
- Interior Side Yard ........................................................ 1.2 m [3.93 ft.]
- Exterior Side Yard ......................................................... 6 m [19.6 ft.]
Maximum Building Height
- Main Building .................................................................. 11 m [36 ft.]
- Accessory Building ........................................................ 6 m [19.6 ft.]
Maximum Lot Coverage ........................................................................ 35%
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 124 -
as amended by Bylaw 2010-51 & 2020-41
Maximum Lot Coverage - Individual On-Site System ............................ 10%
Maximum No. of Dwelling Units per Lot ..................................................... 1
5.10.3 Additional Provisions
1.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5 m
[4.92 ft.] in width shall be provided along the abutting lot line(s);
2.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, the setback on the abutting yard shall be
a minimum of 7.5 m [24.6 ft.];
3.
A local commercial use shall have frontage on and direct access onto a major
street utilized for through traffic.
4.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.10.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 125 -
as amended by Bylaw 2010-51 & 2020-41
5.11 LIGHT INDUSTRIAL - M1
No person shall use any land or erect, alter or use any building or structure in the
Light Industrial - M1 Zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
5.11.1 Permitted Uses
- Accessory Use (see Section 4.1)
- Ambulance facility, helipad, heliport
- Auto Body Shop
- Auto Service Station
- Class I Industry
- Drive-through Facility
- Gasoline Bar
- Gasoline Card Lock Facility
- Microbrewery
- Office
- Parking Lot - Commercial
- Public Service Use (see Section 4.36)
- Public Utility (see Section 4.36)
- Warehouse
- Workshop or Custom
- Workshop
Accessory Uses, Buildings and
Structures
- Parking Area
- Any other uses, buildings and
structures which are accessory
to the list of permitted uses
5.11.2
Zone Requirements
Minimum Lot Area .................................................................... 1 ha [2.5 ac.]
Minimum Lot Frontage ......................................................... 80 m [262.4 ft.]
Minimum Yard Requirements - Main Use
- All Yards .......................................................................... 15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ............................................ 15 m [49.2 ft.]
- Rear or Interior Side Yard .................................................. 5 m [16.4 ft.]
Maximum Building Height
- Main Building ................................................................... 15 m [49.2 ft.]
- Accessory Building ............................................................ 8 m [26.2 ft.]
Maximum Lot Coverage ........................................................................ 50%
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 126 -
as amended by Bylaw 2010-51 & 2020-41
5.11.3
Additional Provisions
1.
See also requirements of Section 4.20 of this By-law for influence areas and
separation distances for industries.
2.
Where an industrial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, landscaped open space or a
landscaped strip of not less than 15 m [49.2 ft.] in width shall be provided along
the abutting lot line(s).
3.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.11.4
Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 127 -
as amended by Bylaw 2010-51 & 2020-41
5.12 MEDIUM INDUSTRIAL - M2
No person shall use any land or erect, alter or use any building or structure in the
Medium Industrial - M2 Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.12.1
Permitted Uses
- Accessory Use (see Section 4.1)
- Ambulance facility, helipad, heliport
- Auto Body Shop
- Auto Service Station
- Class II Industry
- Compressed Gas Sales and Service
- Contractor's Yard
- Feed Supply Outlet
- Fuel Depot
- Gasoline Bar
- Gasoline Card Lock Facility
- Lumber Yard
- Office
- Parking Lot - Commercial
- Produce Grading Station or Storage
Facility
- Public Service Use (see Section 4.36)
- Public Utility (see
Section 4.36)
- Transportation Depot
- Warehouse
- Well Drilling
Establishment
- Workshop or Custom
- Workshop
Accessory Uses, Buildings
and Structures
(see also Section 4.1)
- Parking Area
- Any other uses,
buildings and structures
which are accessory to
the list of permitted uses
5.12.2 Zone Requirements
Minimum Lot Area .................................................................... 1 ha [2.5 ac.]
Minimum Lot Frontage ......................................................... 80 m [262.4 ft.]
Minimum Yard Requirements - Main Use
- All Yards ...................................................................... 15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ........................................ 15 m [49.2 ft.]
- Rear or Interior Side Yard .............................................. 5 m [16.4 ft.]
Maximum Building Height
- Main Building ............................................................... 15 m [49.2 ft.]
- Accessory Building ........................................................ 8 m [26.2 ft.]
Maximum Lot Coverage ........................................................................ 50%
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 128 -
as amended by Bylaw 2010-51 & 2020-41
5.12.3 Additional Provisions
1.
See also requirements of Section 4.20 of this By-law for influence areas and
separation distances for industries;
2.
Where an industrial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, landscaped open space or a landscaped
strip of not less than 15 m [49.2 ft.] in width shall be provided along the abutting
lot line(s).
3.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.12.4 Exception Zones (See also Section 6)
1.
M2-1: Parcel 27560, SWS, Part 5, Plan 53R9467, NE¼, Section 32, Victoria
(By-law 92-16, Spanish River)
2.
M2-2: Part 20, Unit 20, Plan D, Salter (By-law 29-98, Sables-Spanish Rivers)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 129 -
as amended by Bylaw 2010-51 & 2020-41
5.13 RURAL INDUSTRIAL - M3
No person shall use any land or erect, alter or use any building or structure in the
Rural Industrial - M3 Zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
5.13.1 Permitted Uses
- Accessory Use (see also Section 4.1)
- Class I, II and III Industries
- Office
- Public Utility (see Section 4.36)
- Sawmill or Planing Mill
- Warehouse
5.13.2 Zone Requirements
Minimum Lot Area .................................................................. 2 ha [4.94 ac.]
Minimum Lot Frontage .......................................................... 100 m [328 ft.]
Minimum Yard Requirements - Main Use
- All Yards .......................................................................... 15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ............................................ 15 m [49.2 ft.]
- Rear or Interior Side Yard .................................................. 5 m ]16.4 ft.[
Maximum Building Height
- Main Building ................................................................... 15 m [49.2 ft.]
- Accessory Building ............................................................ 8 m [26.2 ft.]
Maximum Lot Coverage ........................................................................ 30%
5.13.3 Additional Provisions
1.
See also requirements of Section 4.20 of this By-law for influence areas and
separation distances for industries; and
2.
Where an industrial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, landscaped open space or a
landscaped strip of not less than 15 m [49.2 ft.] in width shall be provided along
the abutting lot line(s).
3.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 130 -
as amended by Bylaw 2010-51 & 2020-41
5.13.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 131 -
as amended by Bylaw 2010-51 & 2020-41
5.14 MINERAL AGGREGATE RESOURCE - MX
No person shall use any land or erect, alter or use any building or structure in the
Mineral Aggregate Resource - MX Zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.14.1 Permitted Uses
- Accessory Use (see also Section 4.1)
- Agricultural Use (not including
buildings and structures)
- Camp
- Conservation Use
- Forestry Use (not including buildings
and structures)
- Mineral Aggregate Operation
- Pit
- Portable Asphalt Plant
- Public Service Use (see
Section 4.36)
- Public Utility (see
Section 4.36)
- Quarry
- Wayside Pit
- Wayside Quarry
5.14.2 Zone Requirements
Minimum Yard Requirements
- All Yards .......................................................................... 15 m [49.2 ft.]
Maximum Building Height
- Main Building ................................................................... 15 m [49.2 ft.]
- Accessory Building ............................................................ 8 m [26.2 ft.]
5.14.3 Additional Provisions
1.
Despite the yard requirements stated above, a minimum of 30 m [98.4 ft.]
setback will be required from lot lines adjacent to public streets;
2.
See also requirements of Section 4.20 of this By-law for influence areas for
Mineral Aggregate Resources.
3.
Any mineral aggregate operation, pit or quarry shall comply with any By-law
passed under the Municipal Act governing a mineral aggregate operation, pit
or quarry.
4.
No person shall pile aggregate, top soil, overburden or locate any processing
plant or place or build or extend any building or structure:
a) Within 30 m [98.4 ft.] from the lot line of the site.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 132 -
as amended by Bylaw 2010-51 & 2020-41
b) Within 90 m 295.2 ft.] from any lot line that abuts an existing residential
dwelling or land zoned for residential use.
5.
Earth berms intended to screen adjoining lands from the operations on site shall
be located no closer than 3 m [9.84 ft.] from any lot line.
6.
No mineral aggregate operation shall operate except in compliance with a valid
license issued under the Aggregate Resources Act, as amended.
7.
No portable asphalt plant, wayside pit or wayside quarry shall operate
without a valid Environmental Compliance Approval.
8.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.14.4 Exception Zones
1.
MX-1: Part of the South-West Quarter of section 24, Part of Parcel 24-3 and Part
of the North-West Quarter of Section 24, Part of Parcel 24-1-1, Victoria Township
(By-law 2007-15)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 133 -
as amended by Bylaw 2010-51 & 2020-41
5.15 WASTE MANAGEMENT FACILITY - WMF
No person shall use any land or erect, alter or use any building or structure in the
Waste Management Facility - WMF Zone except in accordance with the provisions of
this Section and of any other relevant Sections of this By-law.
5.15.1 Permitted Uses
- Agricultural Use (not including buildings and structures)
- Forestry Use (not including buildings and structures)
- Waste Management Facility
- Recycling Depot or Transfer Station
5.15.2 Zone Requirements
Minimum Yard Requirements
- All Yards ...................................................................... 30 m [98.4 ft.]
5.15.3 Additional Provisions
1.
See also requirements of Section 4.20 of this By-law for influence areas for a
Waste Management Facility;
2.
No waste management facility shall be permitted or operated except in
compliance with a valid Certificate of Approval issued under the Environmental
Protection Act.
3.
All applicable zone regulations of Section 4 - General Provisions shall
apply.
5.15.4 Exception Zones
1.
WMF-1: Concession 2, South-Half Lot 4, Parcel 5985, Shakespeare Township
(By-law 2006-44)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 134 -
as amended by Bylaw 2010-51 & 2020-41
5.16 MINING - MR
No person shall use any land or erect, alter or use any building or structure in the
Mining - MR Zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-law.
5.16.1 Permitted Uses
- Mineral Aggregate Operation
- Mineral Mining Operation
- Mining Exploration and prospecting
- Mining and mineral extraction operations
- Supporting infrastructure; for example, water supply and waste disposal facilities,
hydroelectric power facilities, natural gas facilities, roads
- On-site Smelting and processing
- Pits and quarries
- Storage buildings
- Forestry Use
- Outdoor recreation
- Conservation use
- Accessory uses essential to mineral extraction operations (e.g. administration
offices, weigh scales, assay office, power plant, lunch room, security facilities) and
including only an accessory dwelling unit required for security or administration of
mining operations.
5.16.2 Zone Requirements
Minimum Lot Area ..................................................................... no minimum
Minimum Lot Frontage .............................................................. no minimum
Minimum Yard Requirements
- All Yards ....................................................................... 50 m [164 ft.]
- Pit or Quarry ................................... in accordance with Section 5.14
Minimum Separation Distance: In accordance with Section 4.20 for
Class III Industries
5.16.3 Additional Provisions
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 135 -
as amended by Bylaw 2010-51 & 2020-41
1.
All mines and mining operations shall be developed, operated or closed in
compliance with the Mining Act and the Environmental Protection Act.
2.
No person shall operate a pit or quarry or a wayside pit or wayside quarry
unless any required approvals under the Aggregate Resources Act of the
Environmental Protection Act have been obtained and are valid for the operation
of the pit or quarry or a wayside pit or wayside quarry.
3.
Pits and quarries shall be operated in accordance with Section 5.14.
4.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.16.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 136 -
as amended by Bylaw 2010-51 & 2020-41
5.17 SALVAGE YARD - MSR
No person shall use any land or erect, alter or use any building or structure in the
Salvage Yard - MSR Zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
5.17.1 Permitted Uses
- Salvage Yard: On lands zoned for a salvage yard, the uses shall include the
storage, crushing, dismantling, recycling, sorting or transfer of vehicles, building
materials, non-hazardous wastes, junk and other materials and shall include the
incidental retail, shipping and receiving of such materials. Accessory uses may
include storage buildings, crushing or processing equipment, waste storage facilities
and administration facilities.
- Storage buildings
- Forestry Use
- Conservation use
5.17.2 Zone Requirements
Minimum Lot Area ..................................................................... 4 ha [10 ac.]
Minimum Lot Frontage ....................................................... 120 m [393.7 ft.]
Minimum Yard Requirements
-
All Yards .......................................................................... 15 m [49.2 ft.]
Minimum Separation Distance: In accordance with Section 4.20 for
Class III Industries
5.17.3 Additional Provisions
1.
All salvage yards shall be developed, operated or closed in compliance with the
Environmental Protection Act;
2.
Where a wrecking yard in an MSY zone abuts a residential zone or a
residential use or a sensitive land use on an adjacent lot, the wrecking yard
shall be adequately screened on all sides either naturally or by artificial means
(e.g. berm, fence, vegetation or a combination thereof) such that no portion of
the operation including any storage area can be seen from a public street or
from any other property;
3.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 137 -
as amended by Bylaw 2010-51 & 2020-41
5.17.4 Exception Zones
1.
MSR-1: Concession 1, Lot 8, Parcel 1816, Shakespeare Township (By-law 2006-17)
2.
MSR-2: Concession 6, Lot 12, Parcel 9804, Harrow Township (By-law 2009-46)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 138 -
as amended by Bylaw 2010-51 & 2020-41
5.18 RURAL - R
No person shall use any land or erect, alter or use any building or structure in the
Rural - R Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.18.1 Permitted Uses
- Ambulance facility, helipad,
heliport
-
Accessory Use (see also
Section 4.1)
- Agricultural Use*
- Agriculturally Related
Commercial/Industrial Uses
- Air Strip
- Animal Day Care Establishment
- Animal Shelter
- Auction Hall
- Cemetery*
- Commercial Greenhouse
- Commercial Solar Collector
- Communications Facility
- Community Centre
- Dwelling - Park Model Trailer
- Dwelling - Seasonal*
- Dwelling - Single Detached
- Equestrian Establishment
- Forestry Uses*
- Garage - Municipal
- Geothermal Power Facility
- Green Energy Industries
- Group Home (see Section 4.14)
- Hobby Farm
- Kennel
- Marine Facility
- Mobile Home
- Park
- Park Model Trailer
- Place of Worship
- Place of Assembly
- Portable Asphalt Plant
- Private Club
- Public Service Use (see Section
4.36)
- Public Utility (see Section 4.36)*
- Renewable Energy System
- School
- Shooting Range or Rifle Club
- Studio
- Tourist Outfitters
Establishment
- Veterinary Establishment
- Wayside Quarry
- Wayside Pit
- Wind Farm
- Wind Turbine
Accessory Uses, Buildings and
Structures
(see also Section 4.1)
- Accessory Dwelling
- Accessory Dwelling Unit
- Additional Residential Unit
- Bed and Breakfast Establishment
- Camp (see also Section 4.4)
- Farm Produce Outlet
- Garage, Private
- Home Based Business (see
Section 4.15)
- Parking Area
- Any other uses, buildings and
structures which are accessory to
the list of permitted uses
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 139 -
as amended by Bylaw 2010-51 & 2020-41
5.18.2 Zone Requirements
1. Kennel, Hobby Farm
Minimum Lot Area ................................................................. 4.0 ha [9.9 ac.]
Minimum Lot Frontage ......................................................... 92 m [301.8 ft.]
Minimum Yard Requirements
-
Kennel - All Yards .......................................................... 30 m [98.4 ft.]
-
Hobby Farm ......................................................... same as Other Uses
Maximum Building Height ...................................................... 10 m [32.8 ft.]
Maximum Building Height - Accessory Building ....................... 6 m [19.7 ft.]
2. Other Uses
Minimum Lot Area per Dwelling Unit ...................................... 1 ha [2.47 ac.]
Minimum Lot Frontage ......................................................... 80 m [262.4 ft.]
Minimum Lot Depth ................................................................. 50 m [164.ft.]
Minimum Yard Requirements
-
Front Yard (1) with shoreline frontage ........................... 20 m [65.6 ft.]
-
Front Yard (2) back lot ................................................... 15 m [49.2 ft.]
-
Rear Yard ........................................................................ 4 m [13.1 ft.]
-
Interior Side Yard ............................................................. 4 m [13.1 ft.]
-
Exterior Side Yard ............................................................ 4 m [13.1 ft.]
Minimum Yard Requirements - Accessory Building
-
Front Yard ...................................................................... 15 m [49.2 ft.]
-
Rear Yard ..................................................................... 1.2 m [3.93 ft.]
-
Interior Side Yard .......................................................... 1.2 m [3.93 ft.]
-
Exterior Side Yard ............................................................ 4 m [13.1 ft.]
Maximum Building Height
-
Main Building .................................................................... 11 m [36 ft.]
-
Accessory Building .......................................................... 6 m [19.6 ft.]
Maximum Lot Coverage ........................................................................ 10%
Maximum No. of Dwelling Units per Lot*
-
Dwelling - Single detached, mobile home, park model trailer,
seasonal, group home ....................................................................... 1
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 140 -
as amended by Bylaw 2010-51 & 2020-41
* Except where a lot is rezoned to permit a Garden Suite as a permitted
use (see Section 4.13)
5.18.3 Additional Provisions
1.
Only uses denoted with an * shall be permitted on a seasonally maintained road
and provided no structures are constructed which require access at any time
when the road is not maintained;
2.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5 m
[4.92 ft.] in width shall be provided along the abutting lot line(s);
3.
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, the setback on the abutting yard shall be
a minimum of 7.5 m [24.6 ft.];
4.
New development and land uses and new or expanding livestock facilities in
or adjacent to a Rural zone will comply with the Minimum Distance Separation
Formulae I and II; and
5.
Where the lot or part thereof fronts on a private road, the setbacks for the
erection of a building or structure shall be measured from the private road (see
definition of setback).
6.
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.18.4 Exception Zones (See also Section 6)
1.
R-1: Beauchamp Subdivision (By-laws 77-23, 78-6, 86-18, Spanish River)
2.
R-2: Blue Sea Estates
(By-law 84-15, Spanish River)
3.
R-3: Parcels 22-1, 22-1-1, 22-1-2, Section 22, Victoria (By-law 87-28, Spanish River)
4.
R-4: Concession 3, Harrow (By-law 87-39, Spanish River)
5.
R-5: Part 5, Plan 53R9443
(By-law 88-7, Spanish River)
6.
R-6: Parcel 31-22, 31-1-2, Section 31, Victoria (By-law 87-6, Spanish River)
7.
R-7: Parcel 28504, Part of Part 1, Plan 53R11074, Hallam (By-law 88-40, Spanish
River)
8.
R-8: Parcel 31-2-2, 31-1-2, Section 31, Victoria (By-law 89-6, Spanish River)
9.
R-9: Parcel 1101 SWS, N ½, Lot 1, Concession 1, May (By-law 89-14,
Spanish River)
10.
R-10: Parcel 6560, Lot 10, Concession 5, Hallam (By-law 89-35, Spanish River)
11.
R-11: Parcel 32-1-1, W ½ of NW ½, Section 32, Victoria (By-law 89-75, Spanish River)
12.
R-12: Parcel 26976, Lot 12, Concession 2, Hallam (By-law 90-47, Spanish River)
13.
R-13: Parcel 18-4, Part Section 18, Victoria (By-law 91-3, Spanish River)
14.
R-14: Parcel 6989, Lot 8, Concession 3, May By-law 91-26, Spanish River)
15.
R-15: Part 1, Plan 53R11548, Lot 9, Concession 6, Hallam
(By-law 91-28, Spanish River)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 141 -
as amended by Bylaw 2010-51 & 2020-41
16.
R-16: Parcel 18-4, Section 18, Victoria
By-law 91-40, Spanish River)
17. R-18: Parcel 2456 SWS, Lot 11, Concession 1, May (By-law 92-29, Spanish River)
18. R-19: Parcel 1858, Lot 9, Concession 2, May
(By-law 92-41, Spanish River)
19. R-20: Parts 1 and 4, Plan 53R9231, SW ¼, Section 25, Victoria (By-law 93-17,
Spanish River)
20. R-21: Part 1, Plan 53R11767, Lot 9, Concession 2, May (By-law 93-38, Spanish River)
21. R-22: Parcel 15427, Lot 11, Concession 1, Hallam (By-law 95-44, Spanish River)
22. R-23: Parcel 7155, Lot 6, Concession 4, May (By-law 96-09, Spanish River)
23. R-25: Part 1, Plan 54R9341, Parcel 27463, Section 36, Salter (By-law 96-13,
Spanish River)
24. R-26: Part 1, Plan 53R14280, Parcel 2605, Section 23, Salter (By-law 96-34,
Spanish River)
25. R-27: Part 1, Plan 53R14280, Parcel 2605, Section 23, Salter (By-law 97-11,
Spanish River)
26. R-30: Parcel 19494, Part Lot 1, Concession 1, May (By-law 44-98, SSR)
27. R-31: Parcel 1513, Lot 9, Concession 2, 3, Hallam (By-law 2000-26, SSR)
28. R-32: BF Concession, Part of Lot 8, Salter (By-law 2000-37, SSR)
29. R-33: Part of Parcel 15232, Section 33 being part of the NW 1/4, Salter
(By-law 2002-29)
30. R-34: Parcel 2639, Concession 4, Lot 2, Hallam, 53M1067, Lot 14 (By-law 94-14,
Spanish River)
31. R-35: Parcel 4942, Concession 2, Lot 12, May, 53R-8779, Part 1 By-law 87-27,
Spanish River)
32. R-36: Concession 2, Lot 9, Rem of Parcel 5057, May (By-law 2006-08)
33. R-37: Lot 21 Broken Front Concession, Part 1, Plan 53R-11311 and Part 1, Plan
53R-12495, Salter (By-law 2007-30)
34. R-38: Concession 3, Lot 10, Parcel 18694, Plan SR-214, Part 1 and Plan 53R-
11494, Part 1, Harrow
(By-law 2007-31)
35. R-39: Section 40, Parcel 40-1-1, Plan 53R-13611, Parts 1, 2 & 3, Victoria
(By-law 2007-33)
36. R-40: Concession 1, Lot 6, Parcel 915, May
(By-law 2008-11)
37. R-41: Concession 5, Lot 8, Rem. Parcel 917 Hallam Township
(Bylaw 2013-31, Comprehensive amendment)
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 142 -
as amended by Bylaw 2010-51 & 2020-41
5.19 ENVIRONMENTAL PROTECTION - EP
No person shall use any land or erect, alter or use any building or structure in the
Environmental Protection - EP Zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.19.1 Permitted Uses
- Conservation Use
- Forestry Use
- Natural Heritage Feature
- Flood Control Structure
- Marine Facility
5.19.2 Zone Requirements
No minimum lot area, lot frontage or setbacks. No development other than the use
permitted in Section 5.19.1 shall be permitted below the flood line or flood elevation
including the established flood elevation of the Spanish River and Sables River.
5.19.3 Additional Provisions
1.
Any new building or structure or any expansion of or addition to any buildings
or structures permitted in the flood plain after the day of the passing of this By-
law must incorporate appropriate engineered construction techniques which
reduce or eliminate the risks of flood damage or damage from unstable slopes.
The specific approval of the appropriate jurisdiction must be obtained prior to the
issuance of a building permit;
2.
Modification of the flood plain through filling, excavation or by other means is
prohibited unless otherwise permitted by the Ministry of Natural Resources and
Forestry;
3.
All land under water is within the Environmental Protection (EP) Zone and uses
of such land shall be limited to only those specifically approved by the Ministry of
Natural Resources and Forestry;
4.
See also requirements of Section 4.20 of this By-law for influence areas and
separation distances for various land uses. See also Section 4.21 for
requirements for Natural Heritage Features.
5.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 143 -
as amended by Bylaw 2010-51 & 2020-41
5.19.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 144 -
as amended by Bylaw 2010-51 & 2020-41
HERITAGE - H
No person shall use any land or erect, alter or use any building or structure in the
Heritage - H Zone except in accordance with the following provisions.
5.20.1 Permitted Uses
- Areas of archaeological potential
- Built heritage resources
- Cultural heritage landscape
- Historically established cemetery or burial site
5.20.2 Zone Requirements
- Minimum Lot Area ............................................................................ N/A
- Minimum Lot Frontage ..................................................................... N/A
- Minimum Yard Requirements - new buildings or structures or
extensions thereto:
Front yard - Main building ............................................ 6.0 m [19.69 ft.]
- Accessory building .................................... 6.0 m [19.69 ft.]
Rear yard - Main building ............................................. 8.0 m [26.25 ft.]
- Accessory building ...................................... 3.0 m [9.84 ft.]
- Interior Side Yard - Main building ................................... 3.0 m [9.84 ft.]
Existing Buildings or structures ................................................. existing setbacks
5.20.3 Additional Provisions
1.
Accessory uses include buildings that are complimentary to the primary use (see
Section 4.1 for restrictions).
2.
All applicable zone regulations of Section 4 - General Provisions shall
5.20.4 Exception Zones
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 145 -
as amended by Bylaw 2010-51 & 2020-41
5.21 AGRICULTURAL - A
No person shall use any land or erect, alter or use any building or structure in the
Agricultural - A Zone except in accordance with the following provisions.
5.21.1 Permitted Main Uses
- Agricultural Use
- Existing Use
- Farm
- Hobby Farm
- Livestock Facility
5.21.2 Permitted Accessory Uses, Buildings and Structures
- Accessory Uses, Buildings and Structures subject to Section 4.1
- Accessory Dwelling
- Accessory Apartment or Apartment-in-a-House
- Bed and Breakfast Establishment
- Farm Produce Outlet
- Farm Vacation Establishment
- Garden Suite subject to Section 4.13
- Home Based Business accessory to an existing dwelling unit subject to Section
4.15
5.21.3 Zone Requirements
The zone requirements for permitted uses in the A Zone shall be as set out in Table
5.21.4.
Table 5.21.4 - A Zone Requirements
All Uses
Minimum Lot Area
- Hobby Farm
- Farm
- Livestock Facility
- Hobby Farm - 4 ha
[9.8 ac.]
- Farm - 25 ha - [61.7
ac.]
- Livestock facility- 25
ha - [61.7 ac.]
Minimum Lot Frontage
--
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
10 m [32.8 ft.]
Township of Sables-Spanish Rivers Zoning By-law
Zoning Bylaw 2003-15
- 146 -
as amended by Bylaw 2010-51 & 2020-41
Table 5.21.4 - A Zone Requirements
All Uses
Interior Side Yard
10 m [32.8 ft.]
Rear Yard
Minimum Yard Requirements - Accessory Building (see also
Section 4.1)
Interior Side Yard or Rear Yard
5 m [16.4 ft.]
Maximum Height Requirements
Main Building
--
Accessory Building
--
Maximum Lot Coverage Requirements - (Accessory Building -
see also Section 4.1)
All Buildings and Structures
--
5.21.4 Additional Provisions
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. All development shall comply with the provisions of Section 4.20.5 -
Minimum Distance Separation Formulae I and II.
5.21.5 Exception Zones
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 147 -
as amended by Bylaw 2010-51 & 2020-41
Section 6 EXCEPTIONS TO ZONES
Note: The following is a summary of amendments to By-Law 87-6, Township of The Spanish River,
By-Law 84-10, Town of Massey and By-Law 84-10, Town of Webbwood and constitute a legal part
of the new Zoning By-law for the Township of Sables-Spanish Rivers. In general, provisions are
listed only where there is an exception or difference to the standards of the governing zone. By-
Law amendments which involve only a change to the zoning schedule and do not involve an
exception are not listed. For convenience, Zone Symbols have been renamed for convenience of
numbering.
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
Township of The Spanish River
77-
23,
78-6,
86-
18,
94-14
R-1
Beauchamp
Subdivision
-single
detached
dwelling
-accessory uses
-mobile
home
-min. yards: front - 7.6 m [25 ft.],
interior side and rear - 3 m [10 ft.]; Lot
14 interior side yard east side
deemed to satisfy min. side yard
-min. floor area: 83.61 m2 [900 ft.2]
-max. height - accessory building: 7.6
m [25 ft.]
-max. lot coverage - accessory
building: 10%, main building 10%
80-11
RR-1
SE ¼, Sec. 18,
Victoria
-seasonal
dwelling
-min. yards: rear or from high water
mark: 15 m [49.2 ft.], or front for Part
1 (Bush's Road), interior side 5 m
[16.4 ft.]
-min. yards - accessory building:
interior side or rear 1 m [3.2 ft.]
-max. height - accessory building: 4.5
m [14.7 ft.]
-min. floor area: 37.16 m2 [400 ft.2]
-max. lot coverage: 15%
81-
24,
81-45
RR-2
Kecil Lake
-seasonal
dwelling on Lots
1-8
-min. lot area 0.2 ha [0.4 ac.]
-min. lot frontage 30 m [98.4 ft.]
-min. yards: front or rear 8.3 m [27.2
ft.], interior side 4.5 m [14.7 ft.] and
23 m [75.4 ft.] from the high water
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 148 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
mark
-max. height: main building 9 m [29.5
ft.], accessory 5 m [16.4 ft.]
-max. lot coverage: 15%
83-24
RR-3
Victoria Cove
-Blocks 18 and
19 to be kept as
open space
-min. lot area: 0.4 ha [0.98 ac.]
-min. lot frontage: 50 m [164 ft.]
-min. yards: front- lots 5, 7, 8 is 15 m
[49.2 ft.], all other lots, marine facility
is n/a; interior side 4.5 m [14.7 ft.];
rear 8.3 m [27.2 ft.]
-max. height: main building 9 m [29.5
ft.], accessory building 5 m [16.4 ft.]
-max. lot coverage: 15%
83-25
RR-4
Slack
-pit or
quarry
-min. lot area: 0.375 ha [0.92 ac.]
-min. lot frontage: 50 m [164 ft.]
-min. yards: front- lots 1-4 and Block
15 is 8.3 m [27.2 ft.], lots 5-6 is 20 m
[65.6 ft.], lots 7-14 is 15 m [49.2 ft.],
marine facility is n/a; interior side 4.5
m [14.7 ft.]; rear 8.3 m [27.2 ft.]
-max. height: main building 9 m [29.5
ft.], accessory building 5 m [16.4 ft.]
-max. lot coverage: 15%
84-
15,
92-21
R-2
Blue Sea
Estates
-mobile
home
-min. lot area: 0.6 ha [1.4 ac.] Lots 1,
2, 4-13, 15-17; 0.36 ha [0.88 ac.] Lots
3, 14, 18, 19
-min. lot frontage: 60 m [196.8 ft.],
lots 1, 2, 6-8, 10-13, 15-17; 57 m [187
ft.] lots 3, 14, 18, 19; frontage on
registered plan for lots 4, 5, 9
-min. yards: front- 7.5 m [24.6 ft.],
rear 3 m [9.8 ft.]
-min. interior side yard: 3 m [9.8 ft.]
lots 1, 5-12, 16, 17 and north side lot
2; 10 m [32.8 ft.] lots 3, 4, 13, 14, 15,
18, 19
-min. floor area: 80 m2 [861 ft.2]
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 149 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
-max. height: main building 9 m [29.5
ft.], accessory building 5 m [16.4 ft.]
-max. lot coverage: all buildings 30%,
accessory buildings 10%
-min. floor elevation: 28.96 m [95.0 ft.]
contour
87-27
R-35
-minimum frontage, road side, 20 m
[65.6 ft.]
87-28
R-3
-a second
detached
dwelling
87-39
R-4
-existing lot area and frontage apply
88-7
R-5
-existing lot area and frontage apply
-access over Parts 1 & 2 permitted
88-31
R-6
-existing lot area and frontage apply
88-36
RR-5
-seasonal
dwelling only
88-40
R-7
-existing frontage applies
89-6
R-8
-existing lot area and frontage apply
89-14
R-9
-existing lot dimensions apply
89-35
R-10
-lot deemed to comply with minimum
requirements
89-52
RR-6
-seasonal
dwelling only
-lot deemed to comply with minimum
requirements
89-68
RR-7
-park
-playground
-public utility
-public service
use
-lot deemed to comply with minimum
requirements
-no extension to existing building
-retain existing hedge
89-75
R-11
-lot deemed to comply with minimum
requirements
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 150 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
90-20
CR-1
-saddlery and
tack shop
-gifts and crafts
shop
90-47
R-12
-lot deemed to comply with minimum
lot frontage requirements
90-48
RR-8
-lot deemed to comply with minimum
lot frontage requirements
91-3
R-13
-lot deemed to comply with minimum
requirements
91-04
RR-9
-lot deemed to comply with minimum
lot frontage requirements
-accessory building permitted within 4
m [13.1 ft.] of Spanish River
91-26
R-14
-lot deemed to comply with minimum
lot frontage requirements
91-28
R-15
-lot deemed to comply with minimum
lot frontage requirements
91-34
CR-2
-R uses
permitted
-CR uses
permitted
91-40
R-16
-lot deemed to comply with minimum
lot frontage requirements
92-14
R-17
-R uses
permitted
-auto sales
business
-Rural zone standards apply
92-16
M2-1
-M2 uses
permitted
-CR uses
permitted
-M2 zone standards apply
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 151 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
92-22
RR-
10
-lot deemed to comply with minimum
lot frontage requirements (water and
public road)
92-25
RR-
11
-lot deemed to comply with minimum
side yard requirements
92-29
R-18
-lot deemed to comply with minimum
requirements for rural use
92-41
R-19
-min. setback from southern limit
Highway 17: 35.3 m [116 ft.]
93-38
R-21
-shared access permitted
94-14
R-34
-minimum side yard of 2 m
94-15
WMF
-1
-WMF uses
-Salvage yard
95-26
RR-
12
-lot deemed to comply with minimum
requirements for RR Zone
95-44
R-22
-access corridor of 20 m [65.6 ft.]
permitted to subject lands.
96-09
R-23
-R uses
permitted
-CR uses
permitted
96-10
RR-
13
-no building openings below 101.4 m
[332.6 ft.]
96-13
R-25
-R uses
permitted
-CR uses
permitted
96-18
RR-
14
-min. lot frontage 70 m [229.6 ft.]
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 152 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
96-34
R-26
-min. lot frontage 60 m [196.8 ft.]
96-39
RR-
15
-min. lot size shall be existing (non-
complying) lot size
97-11
R-27
-recognize existing dwelling
-min. front yard: 6 m [19.6 ft.]
-min. side yard: 3.5 m [11.4 ft.]
-no further reduction in zone
standards
98-11
RR-
16
-min. lot area: 0.81 ha [2 ac]
18-98
RR-
17
-min. lot frontages shall be per plan of
subdivision
98-20
CR-3
-existing non-complying yard
setbacks recognized including interior
side yard from Lacloche Lake and
Lacloche Lake Road
29-98
M2-2
-special
commercial /
industrial: for
purposes of
buying and
selling of
commodities
and supplying of
services,
warehousing or
storing,
retailing,
wholesaling,
storage and
shipping as
distinguished
from such uses
as
manufacturing,
or assembling
-C zone standards apply
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 153 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
of goods and
construction.
44-98
R-30
-min. lot area: 0.91 ha [2.2 ac]
-min front yard: 12 m 39.3 ft.]
2000-
13
RR-
18
-min. lot frontage road side- Lot A and
B: 77 m (252.6 ft.)
-min. lot frontage water side - Lot A
and B: 60 m (196.8 ft.)
-min. lot frontage road side - Lot C:
41 m (134.5 ft.)
2000-
26
R-31
-min. lot area - Lot A: 0.8 ha (2 ac)
-min. lot area - Lot B: 0.56 ha (1.4 ac)
2000-
37
R-32
-a commercial
use for the
purpose of
conducting a
sandblasting
(and
associated)
operation, in
addition to the
existing
agricultural and
residential uses
2002-
29
R-33
-min. lot frontage - 20 m [65.6 ft.]
2003-
12
RR-
19
-a sleep cabin
shall be
permitted as an
accessory use
to the principal
building on the
property (see
definition on p.
43 of this by-
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 154 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
law, Section
3.S)
2003-
40
RR-
21
Seasonal
Residential
Dwelling
-minimum lot frontages as per the
registered plan of subdivision
- maintain 30 m [98.4 ft.] naturally
vegetated buffer between shoreline
and the building envelope with
exception of 4 m wide shore
access/egress path from envelope to
shoreline. No cutting or removal of
trees, shrubs or ground cover except
for dead or diseased trees, debris or
noxious plants or where 4 m
landscaped corridor is required for
access
Lot 16: 30 m vegetated buffer shall
commence at line identifying the
swamp land
2004-
10
R1-8
Commercial
Greenhouse
-remainder of property to remain
General Residential
2004-
29
RR-
22
-lot deemed to comply with lot area
and minimum yard requirements
2004-
30
RR-
23
-permit lesser front yard setback for
accessory building than main building
of 4.27 m [14 ft.]
2004-
31
RR-
24
-permit lesser front yard setback for
accessory building than main building
of 3.05 m [10 ft.]
2004-
36
RR-
25
-lot deemed to comply with lot area,
lot frontage and minimum yard
requirements
2006-
08
R-36
-minimum lot frontage of 58 m for lots
5 and 6 in registered plan of
subdivision
2006-
17
MSR
-1
Automotive
sales
establishment
-location limited to specified area of
property subject to compliance with
applicable municipal, provincial and
federal laws and regulations
2006-
37
RR-
26
-permit lesser front yard setback for
accessory building than main building
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 155 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
of 5 m [16.4 ft.]
2006-
44
WMF
-1
Recycling Depot
-maintain 300 m [984 ft.] influence
zone between depot and west lot line
-may reduce 300 m [984 ft.] to
minimum of 70 m 229.6 ft.] with
supporting studies to indicate no
adverse effects or that they can be
mitigated
-Maintain 30 m [98.4 ft.] vegetative
buffer between seasonal high water
mark of Gough (Beaudoin) Creek and
also its tributary and that no
development within 30 m [984 ft.]
buffer area
-change of use from recycling depot
and another permitted use may
require rezoning to ensure proper
distance separation
2007-
15
MX-1
-Subject to licensing approval under
Aggregate Resources Act
2007-
16
amen
ds
83-24
(see
above
)
RR-3
Lot 18 only
-Minimum rear yard 2 m [6.5 ft.]
-minimum interior side yard 2 m [6.5
ft.]
2007-
17
RR-
27
-Minimum front yard 2.82 m [9.2 ft.]
-Minimum interior side yard 1.5 m [4.9
ft.]
2007-
19
RR-
28
-lot deemed to comply with lot area
and lot frontage requirements
2007-
23
RR-
29
-lot deemed to comply with lot
frontage requirements
2007-
27
RR-
30
-lot deemed to comply with minimum
front yard requirements
2007-
29
RR-
31
-Minimum lot area 0.42 ha [1.034 ac]
-Minimum lot frontage 45.8 m [150.1
ft.]
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 156 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
2007-
30
R-37
-Minimum lot frontage for severed lot
72.53 m [237.9 ft.] and minimum lot
frontage for retained lot 72.4 m [237.5
ft.]
-minimum front yard for west ½ of
Part 1 of Plan 53R-11311 shall be
60.8 m [199.4 ft.]
2007-
31
R-38
-Minimum front yard at private road
6.5 m
2007-
33
R-39
Recreational
Vehicle Park
2008-
05
amen
ds
83-24
-see
above
RR-3
-Block 19 rezoned to Open Space
- lot deemed to comply with minimum
lot area and lot frontage requirements
2008-
11
R-40
Garden Suite as
a temporary use
-access to be via one (1) driveway to
the Lee Valley Road
-agreement to be registered against
title before building permit issued
-Sewage disposal system to be
approved by Health Unit
-maximum net floor area to be 93 m2
[1,000 ft.2]
-By-law valid for ten (10) years from
March 26, 2008
2009-
26
Rural
-Rezone from Environmental
Protection (EP) to Rural Zone (R)
2009-
46
MSR
-2
Salvage Yard
and Transfer
Station
-Salvage yard wok and storage area
limited to 71 m2 [764.2 ft2]
-remaining lands between salvage
yard area and property boundaries
(lot lines) to be retained as buffer
areas, utilizing natural treed buffers
where possible
-separate driveway entrance to
salvage yard area required
-requires certificate of approval with
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 157 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
copy to Township
MZO
RR-
20
-uses permitted
in the RR Zone
-Docks, saunas,
uninhabitable
boathouses and
pump houses
may be located
within a front
yard
-no
accessory
building or
structure
shall be
used for
human
habitation
Lots 1, 2, 3 and 4, Plan 53M-1264:
-min. lot frontage abutting water . 58 m
[190.2 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard ............... 5 m [16.4 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Lots 5 and 9, Plan 53M-1264:
-min. lot frontage abutting water: 046
m [150.9 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard ............... 5 m [16.4 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Lots 6 and 7, Plan 53M-1264:
-min. lot frontage abutting water . 46 m
[150.9 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard, Lot 6 ...... 5 m [16.4 ft.]
-min. northerly side yard, Lot 7 ..... 5 m
[16.4 ft.]
-min. southerly side yard, Lot 7 .... 1 m
[3.82 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 158 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
-min. setback of buildings and
structures from the limits of drainage
easements described as parts 1 and
3, Plan 53R-15481 ....... 20 m [65.6 ft.]
-min. setback of accessory buildings,
structures or other shoreline
alterations from the centre line of the
Hydro easement described as parts 1
and 2, Plan 53R-15347, Lot 6 .... 50 m
[164 ft.]
Lot 7 ............................. 15 m [49.2 ft.]
Despite the above, no docks,
uninhabitable boathouses, saunas, or
pump houses shall be permitted and
no other alteration to the shoreline
shall be made to the west of the
easement described as parts 1 and
2, Plan 53R-15347
Lots 5 and 9, Plan 53M-1264:
-min. lot frontage abutting water 0. . 46
m [150.9 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard ............... 5 m [16.4 ft.]
-max. total lot coverage for accessory
buildings
..... 10%Lots 5 and 9, Plan 53M-1264:
-min. lot frontage abutting water: 046
m [150.9 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard ............... 5 m [16.4 ft.]
-max. total lot coverage for accessory
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 159 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
buildings
.................................................... 10%
Lot 8, Plan 53M-1264:
-min. lot frontage abutting water . 60 m
[196.8 ft.]
-min. lot frontage abutting street . 50 m
[164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. northerly side yard . 9 m [29.5 ft.]
-min. southerly side yard 5 m [16.4 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Lot 10, Plan 53M-1264:
-min. lot frontage abutting water . 60 m
[196.8 ft.]
-min. lot frontage abutting street . 50 m
(164 ft.]
-min. lot area ............. 0.7 ha [1.72 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. side yard .............. 5 m [16.4 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Lots 12 and 13, Plan 53M-1264:
-min. lot frontage abutting street: 0. 80
m [262.4 ft.]
-min. lot area .................. 1 ha 2.47 ac]
-min. front or rear yard . 15 m [49.2 ft.]
-min. interior side yard .. 10 m [32.8 ft.]
-min. exterior side yard . 15 m [49.2 ft.]
-max. total lot coverage for accessory
buildings
.................................................... 10%
Township of Sables-Spanish Rivers Zoning By-Law
Zoning Bylaw 2003-15
- 160 -
as amended by Bylaw 2010-51 & 2020-41
Exceptions to Zoning By-Law
By-
Law #
Zone
Uses Permitted
Uses
Prohibited
Provisions
Massey and Webbwood
88-5
-min. lot frontage: 18.28 m [60 ft.]
88-7
R1-1
-min. lot frontage: 17.98 m [59 ft.]
89-15
R1-2
-min. exterior side yard: 3 m [9.84 ft.]
92-13
R1-3
-min. interior side yard: 3 m [9.84 ft.]
93-15
R1-4
-min. lot frontage: 4.39 m [14.4 ft.]
93-16
C-1
-min. lot frontage: 1 m [3.28 ft.]
93-17
C-2
-funeral home
93-29
C-3
-min. front, rear and interior side
yards: 1.5 m [4.92 ft.]
95-5
R1-5
-use restricted
to accessory
use only
95-6
R1-6
-accessory
building may
encroach into
required front
yard
99-42
R1-7
-min. rear yard: 1.2 m [3.93 ft.]
-existing front and side yards
recognized
2006-
36
R1-9
Licensed Day
Nursery