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Corporation of the Town of Smiths Falls
Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Prepared For:
Karl Grenke, MCIP, RPP
Senior Planner
Corporation of the Town of Smiths Falls
77 Beckwith Street North
Smiths Falls, ON K7A 2B8
T: (613) 283-4124
Prepared By:
WSP Canada Inc.
2611 Queensview Drive, Suite 300
Ottawa, ON K2B 8K2
T: (613) 829-2800
Corporation of the Town of Smiths Falls
Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Cover Image Source:
Corporation of the Town of Smiths Falls
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
i
Town of Smiths Falls Comprehensive Zoning By-law
Town of Smiths Falls
Comprehensive Zoning By-law No. 10375-2022
The Town of Smiths Falls Comprehensive Zoning By-law No. 10375-2022 came into effect on
August 22, 2022.
This Office Consolidation has been prepared for convenience purposes only. While every
effort has been made to ensure accuracy of the information contained herein, reference
should be made to the original By-law and all amendments thereto for all legal purposes.
Office Consolidation Date
Reserved for future Use
The following table lists all approved amending by-laws to the Town of Smiths Falls
Comprehensive Zoning By-law following August 22, 2022.
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
By-law No. /
Adoption Date
Property Location
Text Section
Schedule Change
Purpose
Reserved for future
Use
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
iii
User Guide
User Guide
This User Guide is provided for information purposes to assist readers in navigating the
Town of Smiths Falls Comprehensive Zoning By-law and how to apply provisions to a specific
property of interest.
Structure of the Zoning By-law
The Town of Smiths Falls Comprehensive Zoning By-law is divided into a series of Sections.
1 & 2 Title, Administration and
Interpretation
These sections include the Zoning By-law's title
page and outline how the Zoning By-law is
administered and enforced by the Town of
Smiths Falls and directs how the Zoning By-law
provisions and the Zoning Schedules should be
read and interpreted.
3 Definitions
This section contains definitions for key
terms used in the Zoning By-law,
including permitted Uses. Some
definitions contain illustrations to help
clarify their meaning and correct
interpretation.
4 General Provisions
This section contains provisions that may apply
to all properties in all Zones, depending on the
proposed development. For example, this
includes provisions for specific types of Uses
which may be permitted in more than one Zone,
such as Accessory Buildings and Structures, as
well as other provisions such as parking
requirements.
5 to 24 Zones
These sections establish the 19 Zones
in the Town. Each Zone section outlines
permitted Uses, standards for Lots and
Buildings, additional provisions which
may apply only to certain Uses, and
Exception Zones which establish
provisions for specific properties.
25 Zoning Schedules
This section introduces the A-Series and B-Series
Zoning Schedules, which form part of the Zoning
By-law, and establishes Zone boundaries and
Special Overlays in the Town of Smiths Falls.
26 Approvals
This section contains the signing page
and date of passing of this Zoning By-
law.
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
How to Determine a Property's Zoning and Identify Applicable
Regulations
To determine the zoning and regulations that apply to a specific property, such as the Uses
that are permitted or Lot and Building requirements, follow these steps:
Step 1: Identify the Property's Zoning on the Key Map
A-Series Zoning Schedules: Zones
To determine the zoning for a property, you should first identify the property of interest on
the Town of Smiths Falls Key Map. The Key Map is available as a series of A-Series Schedules
(i.e., A1, A2, etc.) to the Comprehensive Zoning By-law, which divide the Town geographically
into four quadrants. The A-Series Schedules are also available for review through the Town's
Community Map - an online and interactive mapping website prepared using ArcGIS.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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User Guide
B-Series Zoning Schedules: Special Overlays
Next, you should identify the property of interest on the B-Series Schedules. There are two
(2) B-Series Schedules that establish Special Overlays related to Natural Heritage and Source
Water Protection. Should the property of interest form part of the Special Overlays shown on
the B-Series Schedules, it may be subject to specific provisions related to the Natural
Heritage Overlay or Source Water Protection contained in the Zoning By-law. The B-Series
Schedules are also available for review through the Town's online Community Map.
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Town of Smiths Falls Comprehensive Zoning By-Law
a) Zone boundaries are outlined in red on the
Zoning Map.
b) Each property is associated with a Zone
symbol (e.g. R1, LC, OS).
c) The Zoning Map Legend explains the Zone
symbols.
d) Some properties will have more than one Zone symbol that applies. For example,
some properties may be split up into more than one Zone or may have a Zone
symbol that contains a suffix.
The following summarizes the meaning of different types of Zone symbols:
This is a base Zone. The acronyms for each base Zone are
explained in the Zoning Map legend. For example, "OS" means the
Open Space Zone. Some properties in the Town are identified
only with a base Zone.
Each base Zone has its own section in this Zoning By-law
(Sections 5 to 24) which details permitted Uses, Lot and Building
requirements, and additional provisions that apply to all
properties within that Zone.
If a dash and a number follow the Zone symbol (e.g. "R1-3"), then
the property is subject to a site-specific Exception Zone. The
provisions for each individual Exception Zone are found in the
Zoning By-law document under a subsection within the base Zone
section (e.g., Section 6 Residential Type 1 Zone, Subsection 6.4
Exception Zones).
An Exception Zone contains provisions that override, or are in
addition to, the base Zone provisions. For example, a property
with the Exception Zone R1-3 will be subject to the provisions of
the Residential Type One (R1) Zone, and site-specific exception
provisions.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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User Guide
If an "h" symbol follows the Zone symbol and site-specific
Exception Zone (e.g., "R5-4h"), then the property is subject to a
Holding Zone. Where a Holding Zone applies, no development
can occur and only legally existing Uses are permitted on the
property, until such time that the holding is lifted by a by-law of
Council, in accordance with the specific holding provisions for
that property.
The specific holding provisions for each property with a Holding
Zone are found under the Exception Zone (e.g., for the R3-2h
Zone, they are found under Section 8 Residential Type 3 Zone,
Subsection 8.3 Exception Zones).
Step 2: Identify Permitted Uses
Once the applicable Zone symbol for the property of interest is identified, you should refer
to Sections 5 to 24 to identify the types of Uses that are permitted on the property under
the applicable Zone.
Each of the sections for the 19 Zones in the Town (Sections 5 to 24 in the Zoning By-law)
contain a subsection entitled "Permitted Uses", where a list of permitted Uses in provided.
If the property of interest has a site-specific Exception Zone, as identified in Step 1, the
Exception Zone provisions may contain specific provisions regarding the types of Uses which
are permitted or prohibited on the property.
If the property is subject to a Holding Zone, only legally existing Uses on the property are
permitted until the holding provisions are fulfilled and the holding symbol is lifted by a by-
law of Council.
Each of the permitted Uses have a corresponding definition in Section 3 Definitions of the
Zoning By-law.
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Step 3: Identify Lot and Building Requirements
Next, you should understand the
requirements for Lots and Buildings
which apply to a proposed
development. Lot and Building
requirements are found under the
subsection "Zone Provisions" in each
Zone (Sections 5 to 24 in the Zoning
By-law).
Lot and Building requirements are
organized in a table under the "Zone
Standards" subsection in each Zone. Different types of permitted Uses may have different
requirements. Separate columns and subsections may be provided for different types of
permitted Uses (e.g., residential and non-residential Uses).
Lot and Building requirements may include minimum Lot Area, minimum Lot Frontage, Yard
Setbacks, maximum Building Height, and other requirements.
If the property of interest has a site-specific Exception Zone, as identified in Step 1, the
Exception Zone provisions may include specific Lot and Building requirements for the
property, that differ from the Zone Standards.
Step 4: Determine Applicable General Provisions
All of Section 4 General
Provisions in the Zoning
By-law document should
be reviewed to determine
the provisions that apply
to a particular proposed development or property. The General Provisions apply to all
Zones, unless specifically stated otherwise.
For example, the General Provisions contain specific requirements for Uses, Buildings, and
Structures that are Accessory to permitted Uses (e.g., detached garages, sheds). Other
General Provisions include detailed requirements related to parking and loading facilities, as
well as permitted projections into required Yards (such as porches, steps, bay windows, etc.).
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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User Guide
The General Provisions also contain requirements for specific Uses, such as shipping
containers and home occupations, and some are only applicable in certain situations, such
as properties located within the Natural Heritage Overlay.
Step 5: Identify Other Federal or Provincial Regulations and Requirements
Depending on a proposed development or location of a property, other permits may be
required from various Federal or Provincial regulatory authorities, such as the Rideau Valley
Conservation Authority and Parks Canada. The Zoning By-law is not intended to replace or
incorporate the regulations or approval processes of other regulatory approval authorities.
Additionally, other approvals from the Town of Smiths Falls, such as the Chief Building
Official, may be required to permit development.
Property owners should always consult with Town of Smiths Falls staff to determine
the approval requirements for a particular project. If the provisions of the Zoning By-
law cannot be met, a Minor Variance or Zoning By-law Amendment application may be
required.
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Table of Contents
Table of Contents
Town of Smiths Falls................................................... i
Administration and Interpretation .......................... 1
2.1
Title ...................................................................................... 1
2.2
Lands Subject to By-law ...................................................... 1
2.3
Scope of this By-law ............................................................ 1
2.4
Effective Date ....................................................................... 1
2.5
Repeal of By-laws................................................................. 1
2.6
Administration ..................................................................... 1
2.7
Interpretation ...................................................................... 2
2.8
Buildings and Other Permits, Licenses, and Approvals . 2
2.9
Application for Permits ....................................................... 2
2.10
Inspection ............................................................................. 3
2.11
Violations and Penalties ..................................................... 3
2.12
Remedies .............................................................................. 3
2.13
Validity .................................................................................. 3
2.14
Existing By-laws ................................................................... 4
Definitions .................................................................. 5
3.1
Interpretation ...................................................................... 5
3.2
Defined Terms ...................................................................... 5
General Provisions .................................................. 45
4.1
Accessory Uses ................................................................... 45
4.2
Additional Residential Units ............................................ 47
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4.3
Automobile Service Stations, Gas Bars, and Retail
Propane / Compressed Natural Gas Transfer Facilities
.................................................................................... 49
4.4
Bed and Breakfast ............................................................. 50
4.5
Buildings to be Moved ...................................................... 51
4.6
Cannabis Production and Processing Facilities ............. 51
4.7
Construction Uses ............................................................. 52
4.8
Dangerous Substances ..................................................... 52
4.9
Day Care Centres ............................................................... 52
4.10
Dwelling Units Below Grade............................................. 53
4.11
Frontage on an Opened Street ........................................ 53
4.12
Frontage on More Than One Street ................................ 53
4.13
Group Homes ..................................................................... 53
4.14
Height Restrictions by Perth and Smiths Falls District
Hospital ............................................................................... 54
4.15
Home Occupations ............................................................ 54
4.16
Keeping of Animals ............................................................ 55
4.17
Landscaped Open Space .................................................. 55
4.18
Lanes as Yards ................................................................... 56
4.19
Lots Divided Into More Than One Zone.......................... 56
4.20
Mobile Homes, Boats, Recreational Vehicles as
Dwellings ............................................................................ 56
4.21
Natural Heritage Overlay ................................................. 56
4.22
Non-Complying Buildings, Structures, and Lots ........... 57
4.23
Non-Conforming Uses ....................................................... 58
4.24
Objects Stored in Yards .................................................... 60
4.25
Occupancy Restrictions .................................................... 61
Town of Smiths Falls Comprehensive Zoning By-law
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Table of Contents
4.26
One Dwelling Per Lot ........................................................ 62
4.27
Outdoor Lighting ............................................................... 62
4.28
Parking and Loading Area Regulations .......................... 62
4.29
Permitted Yard, Setback and Height Encroachments .. 80
4.30
Public and Institutional Uses ........................................... 82
4.31
Setbacks from Roads ........................................................ 83
4.32
Setbacks / Buffers from Watercourses, Waterbodies,
and Fish Habitats ............................................................... 83
4.33
Shipping Containers .......................................................... 84
4.34
Sight Triangles .................................................................... 86
4.35
Signs .................................................................................... 86
4.36
Site Plan Requirements .................................................... 86
4.37
Source Water Protection .................................................. 86
Zones ........................................................................ 89
5.1
Classification ...................................................................... 89
5.2
Zone Regulations ............................................................... 90
5.3
Zone Boundaries................................................................ 90
5.4
Zone Symbols ..................................................................... 90
5.5
Exception Zones ................................................................. 90
5.6
Special Zones ...................................................................... 91
5.7
Zone Boundaries................................................................ 92
5.8
Building, Structure, and Use Classification .................... 92
Residential Type 1 (R1) Zone .................................. 93
6.1
General................................................................................ 93
6.2
Permitted Uses .................................................................. 93
6.3
Zone Provisions.................................................................. 93
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6.4
Exception Zones ................................................................. 94
Residential Type 2 (R2) Zone .................................. 97
7.1
Permitted Uses .................................................................. 97
7.2
Zone Provisions.................................................................. 97
7.3
Exception Zones .............................................................. 100
Residential Type 3 (R3) Zone ................................ 105
8.1
Permitted Uses ............................................................... 105
8.2
Zone Provisions............................................................... 105
8.3
Exception Zones .............................................................. 110
Residential Type 4 (R4) Zone ................................ 113
9.1
Permitted Uses ............................................................... 113
9.2
Zone Provisions............................................................... 113
9.3
Exception Zones .............................................................. 116
Residential Type 5 (R5) Zone ................................ 119
10.1
Permitted Uses ............................................................... 119
10.2
Zone Provisions............................................................... 119
10.3
Exception Zones .............................................................. 121
Downtown Core (DC) Zone ................................... 123
11.1
Permitted Uses ............................................................... 123
11.2
Zone Provisions............................................................... 124
11.3
Exception Zones .............................................................. 125
Downtown Fringe (DF) Zone ................................. 126
12.1
Permitted Uses ............................................................... 126
12.2
Zone Provisions............................................................... 127
12.3
Exception Zones .............................................................. 128
Town of Smiths Falls Comprehensive Zoning By-law
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Table of Contents
Downtown Waterfront (DW) Zone ....................... 131
13.1
Permitted Uses ............................................................... 131
13.2
Zone Provisions............................................................... 132
13.3
Exception Zones .............................................................. 133
Lombard Street Commercial (LC) Zone ............... 135
14.1
Permitted Uses ............................................................... 135
14.2
Zone Provisions............................................................... 136
14.3
Exception Zones .............................................................. 137
Neighbourhood Commercial (NC) Zone .............. 139
15.1
Permitted Uses ............................................................... 139
15.2
Zone Provisions............................................................... 140
15.3
Exception Zones .............................................................. 141
Corridor Commercial (CC) Zone ........................... 149
16.1
Permitted Uses ............................................................... 149
16.2
Zone Provisions............................................................... 150
16.3
Exception Zones .............................................................. 151
Community Shopping Centre (SC) Zone .............. 157
17.1
Permitted Uses ............................................................... 157
17.2
Zone Provisions............................................................... 157
17.3
Exception Zones .............................................................. 158
Business Park (M1) Zone ....................................... 161
18.1
Permitted Uses ............................................................... 161
18.2
Zone Provisions............................................................... 162
18.3
Exception Zones .............................................................. 164
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Town of Smiths Falls Comprehensive Zoning By-law
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Light Industrial (M2) Zone..................................... 165
19.1
Permitted Uses ............................................................... 165
19.2
Zone Provisions............................................................... 166
19.3
Exception Zones .............................................................. 168
General Industrial (M3) Zone ................................ 171
20.1
Permitted Uses ............................................................... 171
20.2
Zone Provisions............................................................... 172
20.3
Exception Zones .............................................................. 174
Open Space (OS) Zone ........................................... 175
21.1
Permitted Uses ............................................................... 175
21.2
Zone Provisions............................................................... 175
21.3
Exception Zones .............................................................. 176
Institutional (I) Zone .............................................. 177
22.1
Permitted Uses ............................................................... 177
22.2
Zone Provisions............................................................... 178
22.3
Exception Zones .............................................................. 178
Future Development (FD) Zone ............................ 181
23.1
Permitted Uses ............................................................... 181
23.2
Zone Provisions............................................................... 181
23.3
Exception Zones .............................................................. 181
Wetland (W) Zone .................................................. 183
24.1
Permitted Uses ............................................................... 183
24.2
Zone Provisions............................................................... 183
24.3
Exception Zones .............................................................. 184
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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Table of Contents
Schedules ............................................................... 185
Approval ................................................................. 187
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1
Section 2 - Administration and Interpretation
Administration and Interpretation
2.1 Title
This By-law maybe cited as the "Town of Smiths Falls Comprehensive Zoning By-law", the
"Zoning By-law", or By-law No. 10375-2022 of the Corporation of the Town of Smiths Falls.
2.2 Lands Subject to By-law
The provisions of this By-law shall apply to the whole of the Town of Smiths Falls, with the
exception of the Gallipeau Centre lands at 361 Queen Street as they are subject to
Development Permit System By-law No. 8825-2015.
2.3 Scope of this By-law
No land shall be Used and no Building or Structures shall be Erected, Altered, enlarged, or
Used within the municipal boundaries of the Town of Smiths Falls except in compliance with
the provisions of this By-law.
When the regulations or requirements of any Department of Government impose greater
restrictions than the restrictions imposed by this By-law, then such greater restrictions shall
govern.
2.4 Effective Date
This By-law shall come into effect on the day it is passed by Council, subject to the appeal
provisions of the Planning Act, R.S.O. 1990, c. 13, as amended.
2.5 Repeal of By-laws
All previous By-laws and amendments thereto passed pursuant to Section 34 of the Planning
Act, R.S.O. 1990, c. 13, as amended, are hereby repealed, and such repeal shall come into
effect upon the date this By-law comes into force.
2.6 Administration
This By-law shall be administered by the Senior Planner or by an officer or employee
designated by the Corporation from time to time.
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
2.7 Interpretation
1. This By-law should be read in its entirety, in conjunction with the Schedules thereto, to
determine the provisions which apply to a Lot, Use, Building, or Structure.
2. The provisions of this By-law shall be held to be the minimum requirements, except
where the word maximum is Used, in which case the maximum requirement shall apply.
3. For the purposes of this By-law, the definitions and interpretation given herein shall
govern. Where any words are not specifically defined in this By-law, they shall carry their
customary meaning.
For the purposes of this By-law, words used in the present tense include the future; words in
singular number include the plural, and words in the plural include the singular number; the
word "shall" is mandatory; the words "used" and "occupied" shall include the words
"intended" or "arranged" and "designed to be used" or "occupied."
2.8 Buildings and Other Permits, Licenses, and Approvals
Notwithstanding the provisions of the Corporation's Building By-law or any other By-law of
the Corporation, no Building permit, occupancy permit, license, or other approval shall be
issued in respect of any matter within the jurisdiction of the Town of Smiths Falls where the
proposed Building, Structure or Use would be in violation of any of the provisions of this By-
law.
2.9 Application for Permits
In addition to all the requirements of the Corporation's Building By-law or any other By-law
of the Corporation, every application for a Building permit shall be accompanied by a plan in
duplicate, one copy of which shall be retained by the Chief Building Official, drawn to scale
and showing the following:
i.
The true dimensions of the Lot to be built upon or otherwise used.
ii.
The proposed location, Height and Dimensions of any Building, Structure or Use
proposed for the Lot.
iii.
Proposed locations and dimensions of any Yards, Setback, Landscaped Open Space,
off-street Parking Space, etc., required by this By-law.
iv.
The location of all existing Building or Structures on the Lot.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
3
Section 2 - Administration and Interpretation
v.
A statement signed by the owner, disclosing the exact Use proposed for each
aforesaid Building or Structure and giving all information necessary to determine if
such proposed or existing Building or Structure or Use conforms to the
requirements of this By-law.
2.10 Inspection
An Official delegated by the Corporation acting under the direction of the Council, is hereby
authorized to enter, at all reasonable hours, upon any property or premises for the purpose
of carrying out their duties under this By-law.
2.11 Violations and Penalties
Every person who Uses any Lot, or Erects or Uses any Building or Structure or any part of
any Lot, Building or Structure in a manner contrary to any requirement of this By-law, or who
causes or permits such Use or Erection, or who violates any provisions of this By-law or
causes or permits a violation, shall be guilty of an offence and subject to the provisions of
Section 67 of I Planning Act, R.S.O. 1990, c. 13, as amended, and the Municipal Act, R.S.O.
1990, Chapter M. 45. Further, any person who contravenes any of the provisions of this By-
law is guilty of an offence and the procedure with respect thereto, and the penalty upon
conviction therefore shall be as provided for in the Provincial Offences Act, R.S.O. 1990,
Chapter P. 33 and amendments thereto.
2.12 Remedies
In case any Building or Structure is to be Erected, Altered, reconstructed, extended or part
thereof is to be used, or any Lot is to be used, in contravention of any requirement of this
By-law, such contravention may be restrained by action at the instance of any ratepayer or
of the Corporation pursuant to The Municipal Act, RSO 1990 Section 32 of Chapter M. 45.
2.13 Validity
If any section, clause or provision of this By-law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof
other than the section, clause or provision so invalid and it is hereby declared to be the
intention that all the remaining sections, clauses or provisions of this By-law shall remain in
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
full force and effect until repealed, notwithstanding that one or more provisions thereof
shall have been declared to be invalid.
2.14 Existing By-laws
Zoning By-law 6080-94, as amended, to regulate the Use of lands and the character, location,
bulk, Height and Use of Buildings and Structures, shall be, and the same is, hereby repealed.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
5
Section 3 - Definitions
Definitions
3.1 Interpretation
1. For convenience purposes only, the terms defined in Section 3.1 are capitalized
throughout this By-law.
3.2 Defined Terms
In this By-law, the following meanings shall apply unless the context requires otherwise.
A
Accessory
When Used to describe a Use, Building, or Structure, means a
Use, Building, or Structure that is normally incidental,
subordinate, and functionally associated with a main Use,
Building, or Structure, is located on the same Lot therewith, and
is not Used for human habitation. For example, an Accessory
Building or Structure may include a detached garage or shed, a
temporary garage, unenclosed and uncovered decks, in-ground
and above-ground pools, steps, ramps, or similar Structures.
Additional
Residential Unit
Means a self-contained Dwelling Unit with kitchen and bathroom
facilities that are intended for the exclusive Use of the unit only,
which is secondary to a main Dwelling Unit, and which is
contained within a permitted Single-Detached Dwelling, Semi-
Detached Dwelling, or Rowhouse (i.e. Townhouse) Dwelling, or
which is contained in a Building or Structure that is ancillary to a
permitted Single-Detached Dwelling, Semi-Detached Dwelling, or
Rowhouse (i.e. Townhouse) Dwelling, and which is accessed
through a private entrance outside the main Dwelling Unit or
through a common hallway or stairway within the main Dwelling
Unit.
Adult Entertainment
Means any premises or part thereof in which is provided, in
pursuance of a trade, calling, business or occupation, goods or
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
services appealing to or designed to appeal to erotic or sexual
appetites or inclinations.
Agriculture Use
Means the Use of Land, Buildings or Structures for the tillage of
soil, growing and harvesting of vegetables, fruits, field crops,
mushrooms, berries, trees, flowers or landscaping materials; the
grazing, breeding, raising, boarding or training of all kinds of
livestock and poultry including but not limited to cattle, swine,
sheep, deer, goats, rabbits, poultry, horses, ponies, donkeys,
mules and fur bearing animals; aquaculture; apiaries; the
Erection and Use of greenhouses, vine crops, wood Lots and
forest tree Uses; and the packing, treating, storing and sale of
produce produced on the premises and other similar Uses
customarily carried on in the field of general agriculture.
Agriculture Use,
Intensive
Means an Agricultural Use where animals or birds are kept for
grazing, breeding, raising, boarding, or training of livestock of all
kinds including, but not so as to limit the generality of the
foregoing, cattle, swine, sheep, goats, rabbits, poultry, fish,
horses, ponies, donkeys, mules, and fur bearing animals.
Agriculture Use,
Non-Intensive
Means an area of land with or without Accessory Buildings or
Structures which is Used primarily for the tillage of soil, growing
and harvesting of vegetables, fruits, field crops, mushrooms,
berries, trees, flowers or landscaping materials; the Erection and
Use of greenhouses, wood lots and forest tree Uses; the packing,
treating, storing, and sale of produce produced on the premises
and other similar Uses customarily carried on in the field of
general agriculture excluding "Agricultural Uses, Intensive" as
specified herein.
Air Treatment
Control
Means the functional use of industrial grade multi-stage carbon
filtration system, or similar technology, to reduce and/or treat
the emission of pollen, dust and odours expelled from a facility
and sized accordingly in comparison to the facility it serves as
designed by a qualified person.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
7
Section 3 - Definitions
Aisle
Means a portion of a Parking Lot which abuts one or more off-
street Parking Spaces to which it provides access and which is
not used for the parking of Vehicles.
Alter
When used in reference to a Building or part thereof, shall mean
to change the Use of or to change any one or more of the
external dimensions of such Building or to change the type of
construction of the exterior walls or roof thereof. When used in
reference to a Lot, the word Alter means to change the Use, area,
Lot Frontage or Lot Depth thereof; to change the width, Lot
Depth or area of any required Yard, Landscaped Open Space or
Parking Lot; or to change the location of any boundary of such
Lot with respect to a Street or Lane, whether such Alteration is
made by conveyance or alienation of any portion of such Lot, or
otherwise. Altered and Alteration shall have corresponding
meanings.
Animal Care
Means an establishment for the caring, grooming and training of
Household Pets, but does not include a Kennel or an Animal
Hospital.
Animal Hospital
Means a Building or part of a Building used by veterinarians,
their staff and their patients to provide grooming, medical or
surgical treatments or similar services and includes overnight
care or accommodation.
Assembly Hall
Means a Building or part of a Building in which facilities are
provided for civic, education, political, religious or social
purposes and shall include a banquet hall or private club.
Attached
Means a Building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall
or walls shared in common with an adjacent Building or
Buildings.
Attic
Means the portion of a Building situated wholly or in part within
the roof and which is not a Half Storey.
8
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Automobile Body
Shop
Means a Building or Structure used for complete Vehicle repairs
to bodies, frames or motors and/or painting, upholstering
and/or complete collision work, but shall not include a wrecking
or Salvage Yard.
Automobile Gas Bar
Means a Building and/or Structure including Fuel Pump Islands
where gasoline and/or oil is kept for sale with or without
lubricants or other items and accessories associated with the
operation of Vehicles and normally sold at a gasoline pump
island, but where no servicing, repair or equipping of Vehicles is
carried on.
Automobile Rental
Means a Parking Space or Parking Lot and/or a Building or part
thereof where Vehicles, as defined by the Highway Traffic Act,
are rented or kept or used for rental purposes.
Automobile Sales
Means a Building and/or Lot where Vehicles, as defined by the
Highway Traffic Act, are kept for display and/or sale. Permitted
Accessory Uses may include those normally required for
performing maintenance and repair on Vehicles, including
service centre, service bays, body shop, storage of parts.
Automobile Service
Station
Means a Building, portion of a Building, and/or Structure where
retail goods including gasoline, oil, grease, antifreeze, tires,
sparkplugs, batteries, mufflers, glass, tires, and other automobile
accessories may be sold incidentally and where installation,
minor or running repairs essential to the operation of Vehicles
are executed or performed, but shall not include any other Use
otherwise defined herein.
Automobile Washing
Establishment
Means a Building or Structure containing facilities for washing
Vehicles, either by production line methods and mechanical
devices, or by a self-service operation.
B
Bar
Means a Building or portion of the Building or premises other
than a Restaurant, where liquor, spirits and food are stored, sold
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
9
Section 3 - Definitions
and consumed and which is licensed under the Liquor License
Act.
Basement
Means a portion of a Building, which is partly underground and
has at least one half of its Height above the adjacent Finished
Grade.
Bed and Breakfast
Means a Single-Detached Dwelling that is used to accommodate
the traveling or vacationing public for gain or profit and includes
provision of meals to the guest room occupants. The definition
of a Bed and Breakfast shall not include a Rooming House, Hotel,
Motel, or Guest House.
Building
Means any Structure used or intended to be used for shelter,
accommodation or enclosure of persons, animals, chattels other
than a lawful boundary wall or fence.
Building, Main
Means a Building designed and used for the principal Use on the
Lot.
Building Line
Means a line within a Lot drawn parallel to a Lot Line establishing
the minimum distance between that Lot Line and any portion of
a Building or Structure which may be Erected.
Building Supply
Outlet
Means a Building, Structure or Lot where Building supplies
including lumber, siding, roofing, plumbing, electrical, heating, air
conditioning and similar and contracting the construction or
installation of the items.
Bulk Storage
Means the Use of a Building, Structure or Lot for the purpose of
storing and selling coal, fuel, oil, chemicals and similar items, but
does not include any manufacturing, assembling or processing
Uses.
C
Campground
Shall mean an establishment providing temporary
accommodation for tents, tent trailers, travel trailers,
10
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Recreational Vehicles and campers, but does not include a
residential Mobile Home Park.
Cannabis
Shall mean the cannabis plant and anything referred to in
Schedule 1 of the Cannabis Act, S.C. 2018, c. 16, as amended.
Cannabis Production
and Processing
Facility
Shall mean lands, Buildings or Structures Used for producing,
processing, testing, destroying, packaging and/or shipping of
Cannabis authorized by a federally issued license or registration.
Carport
Means a partially enclosed Structure, which is attached to the
main Building and which is used primarily for the storage of one
or more Vehicles and in which no business, occupation or service
is conducted for profit.
Catering
Establishment
Means a Building where food and drink are prepared in large
quantities for consumption off-site or in relation to an Assembly
Hall Use, but does not include Restaurant or Take-Out
Restaurant.
Chief Building Official Means an officer, employee, or designate of the Corporation
charged with the duty of enforcing the provisions of the Building
Code Act, the Zoning By-law and similar By-laws of the
Corporation.
Communication
Facility
Means any Use of land that is primarily for telecommunications
in accordance with Industry Canada regulations.
Community Centre
Means any Land, Building and/or Structure that is Used for
community activities, whether used for commercial purposes or
not, the control of which is vested in the Corporation, a local
board or agent thereof.
Conservation
Means the maintenance of the natural environment for the
purposes of preservation, research, observation and outdoor
Uses such as hiking and fishing. This definition may include the
construction and Use of trail shelters and other similar
Structures ancillary to the foregoing Uses, but shall not include a
Dwelling, a Mobile Home or tourist Vehicle.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
11
Section 3 - Definitions
Convenience Store
Means a Building or part of a Building wherein convenience
commercial goods and food, which serve the day-to-day needs of
the public are offered for sale and may include an Automobile
Gas Bar.
Corporation
Means the Corporation of the Town of Smiths Falls.
Court
Means an open space enclosed wholly or partly by Buildings.
Custom Workshop
Means a Building or part of a Building where individual custom
productions such as drapes, venetian blinds, handmade leather
goods, orthopaedic and prosthetic appliances, weaving, awnings
and other non-offensive, non-dangerous custom production is
carried out but does not include any factory production or any
shop or factory otherwise classified or defined in this By-law. A
Custom Workshop may include an Accessory retail Use up to
30% of the Gross Leasable Floor Area.
D
Day Care Centre
A licensed facility where temporary care, protection, and
supervision are provided to children or adults, but which shall
not include overnight accommodation.
Driveway
Means the area between the traveled portion of a Street and a
Parking Lot used by Vehicles for access to and from the Parking
Lot, but does not include a lane. A Driveway on a residential Lot
may be used as one (1) or more Parking Spaces, excluding the
required Parking Spaces, where specifically permitted herein.
Dry Cleaning Plant
Means a Building or part of a Building in which the business of
dry cleaning, dry dyeing, cleaning or pressing of clothing articles
or fabric goods is conducted.
Dwelling
Means a Building containing one (1) or more Dwelling Units
occupied or intended to be occupied by one or more households
and exclude a Hotel, Motel, Recreational Vehicle, or tent.
12
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Dwelling, Accessory
Means a Dwelling Unit which is Accessory to a permitted non-
residential Use.
Dwelling, Apartment
Means a Building containing a number of
Dwelling Units which share a common
entrance from the Street level wherein the
occupants have the right to Use common
halls and/or stairs and/or elevators and
Yards.
Dwelling, Converted
Means a Single-Detached Dwelling existing at the time of the
passing of this By-law which because of its size and design, has
been or can be converted, by partition and the addition of
sanitary facilities and cooking facilities, into more than one (1)
Dwelling Unit.
Dwelling, Duplex
Means the whole of a Dwelling divided
horizontally into two (2) Dwelling Units,
each of which has an independent
entrance either directly from the outside
or through a common vestibule.
Dwelling, Mobile
(See Mobile Home)
Dwelling, Modular
Means a Single-Detached Dwelling built in two (2) or more major
pieces and transported to the site where it is assembled as
opposed to a Dwelling built entirely on site. For the purposes of
this By-law, a Modular Dwelling shall be deemed to be a Single-
Detached Dwelling, including a Dwelling made of Shipping
Containers.
Dwelling, Multiple
Means a Dwelling containing three (3) or more
Dwelling Units and not otherwise defined
herein. For the purposes of this By-law, a triplex,
quadruplex, etc. would be deemed a Multiple
Dwelling.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
13
Section 3 - Definitions
Dwelling, Semi-
Detached
Means one (1) of a pair of attached
Dwelling Units divided vertically, each
of which has an independent entrance
either directly from the outside or
through a common vestibule.
Dwelling, Rowhouse
(See Dwelling, Townhouse)
Dwelling, Single-
Detached
Means a completely detached Dwelling Unit.
Dwelling, Townhouse
Means one of a group of three (3) or
more attached Dwelling Units divided
vertically, each of which has
independent entrances to front and
rear privacy Yards.
1. Street Townhouse: Means a Townhouse Dwelling that
abuts and is oriented towards a public Street.
2. Planned Unit Townhouse: Means a Townhouse
Dwelling, which forms part of a group of such Dwellings
and which shares common facilities with the other
Dwellings such as access to a public Street or private
Laneway, parking facilities, open space, recreation areas.
3. Stacked Townhouse: Means a Townhouse Dwelling that
is configured in a manner that a
portion of the Dwelling Units are
located entirely or partially above
the other portion of the Dwelling
Units, and where each Dwelling
Unit has its own independent
external access outside. A Stacked Townhouse is not
required to provide access to a Rear Yard. A Stacked
Townhouse cannot be a Back-to-Back Townhouse.
14
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
4. Back-to-Back Townhouse:
Means a Townhouse
Dwelling that is configured in
a manner that the attached
dwelling units are separated
by a common vertical wall
above grade, including a common rear wall and where
each Dwelling Unit has an independent external entrance
from the outside that is accessed through the front or
side of the Dwelling Unit. A Back-to-Back Townhouse
cannot be a Stacked Townhouse.
Dwelling Unit
Means a suite of two (2) or more Habitable Rooms designed for
Use and occupied by not more than one household in which
separate kitchen and sanitary facilities are provided for the
exclusive Use of the household, with a private entrance from
outside the Building or from common hallway or stairway inside
the Building.
Dwelling Unit,
Bachelor
Means a Dwelling Unit consisting of one (1) bathroom and not
more than two (2) Habitable Rooms providing therein living,
dining sleeping and kitchen accommodation in appropriate
individual or combination room or rooms.
E
Electric Vehicle
Means a Vehicle that uses electricity for propulsion, and that can
use an external source of electricity to charge the vehicle's
batteries. An Electric Vehicle shall include a battery electric
vehicle or a plug-in hybrid Electric vehicle.
Electric Vehicle
Supply Equipment
Means a complete assembly consisting of conductors,
connectors, devices, apparatus, and fitting installed specifically
for the purpose of power transfer and information exchange
between a branch electric circuit and an Electric Vehicle.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
15
Section 3 - Definitions
Equestrian
Means a commercial Use where horses are housed or boarded,
and are available for riding, riding instruction, agility training, or
jumping.
Erect
Means to build, construct, reconstruct, Alter and relocate and
without limitation the generality of the foregoing shall be taken
to include any preliminary physical operation such as excavating,
grading, piling, cribbing, filing or draining, structurally Altering
any existing Building or Structure by an addition, deletion,
enlargement or extension, and any other work which requires a
Building permit.
Established Building
Line
Means the average distance between the street and the Building
Line for all main Buildings on the same side of the street and
within the same block existing.
Existing
Means existing as of the date of passing of this By-law.
F
Farm Implement
Sales
Means a Building and/or Lot where Lot new and/or used farm
implements are kept for display, sale and/or rental. Accessory
Uses may include those normally required for performing
maintenance on and repair of farm implements, including
service centers, service bays, storage of farm implement parts.
Farm Supply Sales
Means a Building wherein farm supplies which may include feed.
Seed, agricultural chemicals, hardware, farm working apparel, or
similar goods may be sold or rented.
Fill Line
Means the line which delineates the boundary of the lands which
are subject to Ontario Regulation 174/06 (Development
Interference with Wetlands and Alteration to Shorelines and
Watercourses Regulations).
Flood Line
Means the line which delineates 1:100-year flood boundary.
16
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Flood Plain
Means the area below the flood line as determined by the 100-
year flood as established by the Conservation Authority and/or
Ontario Regulations 166.
Financial Institution
Means a Building or part of a Building in which a bank, trust
company, finance company or investment company is located.
Floor Space Index
Means the ratio of the Gross Leasable Floor Area to the Lot Area.
Food Production
Facility
Means a Building or portion of a Building where food is
processed, manufactured, packaged, and prepared for
distribution and/or commercial sale. This definition may include
a bakery, dairy, among others. Food Production Facility may be a
use as part of a Retail Food Store.
Fuel Pump Island
Means a Structure on a Lot of an Automobile Gas Bar, Retail
Propane/Natural Gas Transfer Facility or Automobile Service
Station where the fuel pumps are located.
Funeral Home
Means a Building used for the preparation of deceased human
bodies for interment or cremation, for the viewing of deceased
persons, and for the holding of funeral services.
G
Garage, Private
Means an Accessory Building or part of a residential Building
located on a residential Lot intended for the storage of one (1) or
more Vehicles, in which no business, occupation or service is
conducted for profit. Freestanding garages are Accessory
Buildings.
Garage Parking
Means an enclosed Structure used for the temporary parking of
more than four (4) Vehicles available for Public Use either for
free, for compensation or as an accommodation to customers.
Golf Course
Means a public or private area operated for the purpose of
playing golf and includes a par 3 Golf Course, but does not
include driving ranges, miniature courses and similar Uses.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
17
Section 3 - Definitions
Grade, Average
Existing Average Grade shall be calculated prior to any site
alteration and based on the average of grade elevations:
a) For an Interior Lot, at the intersection of Interior Side Lot
Lines with the minimum required Front Yard and Rear
Yard setbacks of the Zone in which the Lot is located; and
b) For a Corner Lot, at the intersection of the interior side
Lot Line with the minimum required Front Yard and Rear
Yard setbacks of the zone in which the lot is located, and
at the intersection of an Exterior Side Yard setback with
the minimum required Front Yard (FY) and Rear Yard (RY)
setbacks of the Zone in which the lot is located.
Illustration of Average Grade Measurement
Grade, Finished
Means:
a) When used with reference to a Building, the average
elevation of the finished surface of the ground where it
meets the exterior of the Building;
b) When used with reference to a Structure, shall mean the
average elevation surrounding such Structure; and
c) When used with reference to a street, road or highway,
means the elevation of the street, road or highway
18
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
established by the Corporation or other designated
authority.
Greenhouse
Means a Building and/or Structure used for the growing of
flowers, vegetables, shrubs, trees and similar vegetation
including any part of a Building, Structure or area used for the
sale of garden supplies and landscaping materials which may
include seeds, bulbs, tools etc. This definition shall not include
any premises for the growing of mushrooms.
Gross Leasable Floor
Area
Means the total of the area of the floor or floors above and
below grade, measured from the exterior faces of the exterior
walls of a Building or Structure at the level of each floor but shall
not include any part of the Building or Structure:
1. Below grade which is used for heating equipment,
storage, laundry facilities and similar Accessory Uses; and
2. Used for the storage or parking of Vehicles.
Group Home
Means a single housekeeping unit in a residential Dwelling in
which three (3) to ten (10) persons (excluding supervisory staff or
the receiving of family) live together under responsible
supervision consistent with the requirements of its residents,
and which is licensed and/or approved under provincial statutes
and in compliance with municipal by-laws. A group home does
not include correctional facilities or a Shelter.
Guest House
Means a Single-Detached Dwelling and/or a Building which is
Accessory to a Single-Detached Dwelling in which more than two
(2) guest rooms are used to accommodate the traveling public
for gain or profit, and may include the provision of meals to the
guest room occupants.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
19
Section 3 - Definitions
H
Habitable Room
Means a room designed to provide living, dining, sleeping or
kitchen accommodation. This definition may include a bathroom,
den, library or enclosed sunroom but shall not include any
porch, verandah, unfinished attic or unfinished Basement.
Height
Means the vertical distance of a Building between the Finished
Grade and the:
1. highest point of the roof surface or the parapet,
whichever is greater of a flat roof; or
2. deck line of a mansard roof; or
3. mean level between eaves and ridge of a gabled, hip,
gambrel, cottage or other type of pitched roof.
Illustration of Building Height:
Highway
(See Street)
Home for the Aged
Means a building established by the Corporation under the
Homes for the Aged and Rest Homes Act, R.S.O. 1990, c. H.13.
20
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Home Occupation
Means an occupation conducted for gain or profit as an
Accessory Use entirely within a Dwelling Unit operated by an
individual within the household residing in said Dwelling Unit.
Hospital
A Public or Private Institution as defined under the Public
Hospitals Act, R.S.O. 1990, c. P.40 or under the Private Hospitals
Act, R.S.O. 1990, C. P.24.
Hotel
Means a Building or part of a Building, or two (2) or more
disconnected or detached Buildings, designed to be Used for the
purpose of catering to the needs of the traveling or vacationing
public by furnishing sleeping accommodation with or without
kitchens. With or without supplying food, and may include
meeting rooms, banquet hall, public dining rooms and any
premises licensed under the Liquor Licence Act and shall include
a Motel or motor inn but shall not include Rooming Houses,
Bars, Guest Houses, Bed and Breakfasts, or Apartment
Dwellings.
Household
The collection of all individuals residing in a Dwelling Unit.
I
Improved Amenity
Area
Means an indoor or outdoor area provided on a Lot for the
personal, shared, or communal Use of residents in a Building or
Buildings that provides value-added features such as, but not
limited to, an equipped children's play area, gazebos, rooftop
gardens, terraces, furnished common area and fitness
equipment for all ages.
Industrial Mall
Means a Building divided into a number of self-contained units
which are occupied by Uses which are permitted Uses in an
Industrial Zone.
Institution
Means a Building or part of a Building used for a non-commercial
purpose by an organized body or society for promoting a
particular purpose. This definition may include a library, college,
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
21
Section 3 - Definitions
museum, university, or similar Use, but shall not include an
Assembly Hall.
Intake Protection
Zone
Means the vulnerable area delineated around surface water
intakes for municipal drinking water systems.
J
Reserved for future Use
K
Kennel
Means a Building or a Structure or part of a Building or Structure
used for the breeding, raising and/or boarding of dogs or cats for
personal Use or for profit or gain and may or may not be
registered with an association incorporated under the Animal
Pedigree Act (Canada). A Kennel does not include an Animal
Hospital or Animal Care.
L
Landscape Strip
Means a landscaped area located inside and along the perimeter
of a Lot intended to screen or separate land Uses either from
one another or from a Public Street.
Landscaped Open
Space
Means the area of a Lot comprised of lawn with or without
natural or ornamental shrubs, flowers and trees including space
occupied by fences, paths, walks, courts, patios and pools, but
shall not include Parking Lots, Aisles, Driveways, Loading Spaces,
curbs, or ramps for Vehicles.
Lane
Means a public thoroughfare which affords a secondary means
of access to abutting Lots but which is not a street as herein
defined and which is not intended for general traffic circulation.
22
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Laundromat
Means a Building or part of a Building containing two (2) or more
washing and/or self-service dry-cleaning machines and/or dryers
for Use by the public which is operated for profit or gain.
Loading Space
Means a space or bay located on a Lot which is Used or intended
to be used for the temporary parking of any Vehicle while
loading or unloading goods, merchandise, animals or materials
used in connection with the Use of the Lot or any Building
thereon.
Lot
Means any parcel of land describe in a registered deed or shown
in a registered plan of subdivision, which is capable of being
legally conveyed from one (1) party to another and including any
parts of the parcel which are subject to right of easement.
Illustration of Lot types:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
23
Section 3 - Definitions
Lot, Corner
Means Lot situated at the intersection of and abutting two (2)
streets which intersect at an angle of less than 135 degrees.
Lot, Interior
Means a Lot situated between adjacent Lots and abutting one (1)
street.
Lot, Irregular
Means a Lot abutting more than one (1) street, but not otherwise
defined herein.
Lot, Through
Means a Lot bounded on two (2) opposite sides by streets
provided, however, that if any Lot qualifies as being both a
Corner Lot and a Through Lot as herein defined, such Lot shall
be conclusively deemed to be a Corner Lot.
Lot, Waterfront
Means a Lot with one (1) Lot Line abutting the shoreline of a
Waterbody.
Illustration of a Waterfront Lot
Lot Area
Means the total horizontal area within the Lot Lines of a Lot. For
calculating the minimum required Lot Area, areas covered by a
Waterbody or watercourse, or areas located within the mapped
floodplain or areas between the top and toe of the cliffs or
24
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
embankment having a slope of 30 degrees or more from the
horizontal shall not be included.
Lot Coverage
Means the percentage of the Lot Area covered by Buildings or
Structures exclusive of canopies, balconies and overhanging
eaves.
Lot Depth
Means the horizontal distance between the Front Lot Line and
the Rear Lot Line.
For the purpose of determining the required minimum Lot
Depth for Lots which are not square or rectangular the following
shall apply:
1. If the Front and Rear Lot Lines are not parallel, the Lot
Depth shall be measured by joining the mid-point of the
Front Lot Line with mid-point of the Rear Lot Line, or with
the apex of the triangle formed by the Side Lot Lines.
2. In the case of a Corner Lot with a curved Front Lot Line,
the Lot Depth shall be measured by first extending the
Front and Exterior Side Lot Lines as tangents, from the
point where each Lot Line begins to curve, in a straight
line to their point of intersection. The Lot Depth shall then
be measure by joining the mid-point of the tangent to the
Front Lot Line and the mid-point of the Rear Lot Line, or
with the apex of the triangle formed by the Side Lot Lines.
Lot Frontage
Means the width of the Lot between the Side Lot Lines at the
Front Lot Line.
For the purpose of determining the minimum required Lot
Frontage in the case of a Lot without parallel Side Lot Lines
and/or without a straight Front Lot Line, the following shall apply:
1. the minimum required Lot Frontage shall be measured as
the length of the Front Lot Line; or
2. the minimum required Lot Frontage shall be measured as
the horizontal distance between the Side Lot Lines,
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
25
Section 3 - Definitions
measured between the points on the Side Lot Lines equal
to the Front Yard requirement for the Use in the Zone in
which the Lot is located.
Lot Line
Means the boundary of a Lot and the vertical projection thereof.
Lot Line, Exterior Side Means a Lot Line located between the Front and Rear Lot Lines
and abutting a street, and is also one (1) line of a corner Sight
Triangle. In the case of a Lot with at least three (3) Lot Lines that
abut a street, the Lot shall have at least two (2) Exterior Side Lot
Lines.
Lot Line, Front
Means the line dividing the Lot from the street.
For the purpose of determining the Front Lot Line the following
shall apply:
1. In the case of a Corner Lot, the shorter Lot Line abutting a
street shall be deemed to be the Front Lot Line and the
longer line abutting a street shall be deemed an Exterior
Lot Line. If such Lot Lines are of equal length, the Front
Lot Line shall be deemed to be the Lot Line as established
by Building orientation and/or main access.
2. In the case of a Through Lot, the shorter of the lines,
dividing the Lot from the streets shall be deemed the
Front Lot Line. If such lines are of equal length, the Front
Lot Line shall be deemed to be the line as established by
Building orientation and/or main access.
3. In the case of a Waterfront Lot, the shoreline shall be the
Front Lot Line.
4. In the case of an irregular Lot, the shortest Lot Line
abutting a street shall be deemed the Front Lot Line, or
the Front Lot Line shall be deemed to be the Lot Line as
established by Building orientation and/or main access.
26
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Illustration of Lot Lines:
Lot Line, Interior Side
Means a Lot Line other than a Front, Rear, or Exterior Side Lot
Line.
Lot Line, Rear
Means the Lot Line furthest from and opposite to the Front Lot
Line. In the case of a Lot having four (4) or more Lot Lines, the
Lot Line farthest from and opposite to the Front Lot Line shall be
deemed to be the Rear Lot Line. In the case of a Lot having three
(3) Lot Lines, there shall be deemed to be no Rear Lot Line.
Lot Line, Side
Means the Lot Line or lines other than a Front Lot Line or Rear
Lot Line.
M
Main Wall
Means the exterior front, side or rear wall of a Building, and all
structural members essential to the support of a fully or partially
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
27
Section 3 - Definitions
enclosed space or roof, where such members are nearer to a Lot
Line than the said exterior wall.
Manufacturing
Means a Building or part of a Building Used for the production,
processing, fabrication, and/or assembly of goods occurs in
which raw materials and other goods are transformed into
finished products, which are then transported to an end user.
Marina
Means a Lot, Building or Structure containing docking facilities,
boat launching ramps, lifts, boathouses, and located on a
Waterbody, where boats and boat accessories are berthed,
stored, serviced, repaired or kept for sale or rent and where
facilities for the sale of marine fuels and lubricants may be
provoked, and may include a Building or Structure for the sale of
accessories or refreshments, but does not include a Marine
Facility.
Marine Facility
Means an Accessory Building or Structure located on a
Waterfront Lot which is used to take a boat into or out of a
Waterbody, to moor, to berth or to store a boat. This definition
may include a boat launching ramp, boat lift, dock, or boathouse,
but shall not include any Building Used for human habitation or
a Marina.
Medical Clinic
Means a Building or part of a Building used solely by physicians,
dentists, and/or drugless practitioners, their staff and their
patients, for the purpose of consultation, diagnosis and office
treatment.
Mobile Home
Means any Dwelling to be made mobile and constructed or
manufactured to provide a permanent residence, but does not
include a Modular Dwelling, Motor Home, travel trailer, tent
trailer, or any other trailer otherwise designed.
Mobile Home Park
An area of land Used for the parking of Mobile Homes to be
Used as Dwelling Units and includes all Accessory Buildings
necessary for the operation of the park.
28
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Motel
(See Hotel)
Motor Home
Means a self-propelled Vehicle designed for living, sleeping and
eating accommodation.
Municipality
(See Corporation)
N
Non-Complying
Means an existing Use, Building or Structure which does not
comply with, or fails to meet, one (1) or more of the required
Zone provisions of this By-law.
Non-Conforming
With reference to a Use, means an existing Use which is not
permitted Use in the Zone in which the said Use is located, and
with reference to a Lot means a Lot having less than the
minimum Lot Area and/or frontage required in the Zone in which
such Lot is located.
Normal High Water
Mark
Means the mark made by the action of water under natural
conditions or as established by a legal survey.
Nursing Home
Means a Building containing multiple rooms with common
access to eating, bathrooms, recreation and leisure areas for
temporary occupancy by those requiring nursing or other care
where meals, personal care, nursing services and medical care
and treatment are provided or made available, as defined under
the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8.
O
Obnoxious Use
Means a Use which is offensive by reason of its emission of odor,
smoke, dust, noise, gas, fumes, vibration, or refuse matter, and a
Use which under The Health, Protection and Promotion Act or its
regulations is likely to have an adverse affect on the health of
any person.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
29
Section 3 - Definitions
Office
Means a Building or part of a Building used or intended to be
used in the performance and transaction of business including
professional, administrative, and clerical activities.
Open Storage Area
Means a Lot or part of a Lot used for the storage of equipment,
goods or materials excluding a Parking Lot and a Salvage Yard.
Outdoor Furnace
Means a solid fuel burning appliance located outside of the
Building it serves and is Used for the space heating of Buildings
and/or domestic water heating and does not include the
incineration of waste as defined in Section 25 of the
Environmental Protection Act, c.E.19., R.S.O. 1990.
P
Park, Private
Means a recreational area other than a Public Park.
Park, Public
Means a recreational area consisting largely of open space,
which may include a playground, swimming pool, arena, play
field, or similar Use, owned or controlled by the Corporation, or
by any Ministry, Board, Commission or Authority established
under any statute of Ontario or Canada and includes a
Community Centre as herein defined.
Parking Lot
Means an area, Building or Structure used for the temporary
parking of Vehicles and includes any related Aisles and Parking
Spaces but shall not include any part of a Driveway, a street or
lane. This definition may include a parking garage.
Parking Space
Means a rectangular area of a Parking Lot or parking garage
used for the temporary parking or storage of one (1) Vehicle,
exclusive of any Aisles or Driveways.
Parking Space,
Barrier Free
Means a rectangular area designated and Used for the
temporary parking of one (1) Vehicle Used by a person with a
disability, exclusive of any Aisles or Driveways.
Parking Space,
Bicycle
Means an area Used for parking or storing a bicycle.
30
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Parking Space,
Tandem
Means a Parking Space that can only be
accessed by passing through another Parking
Space from a street, lane or Driveway.
Patio, Outdoor
Commercial
Means an outdoor semi-enclosed area Used on a seasonal basis
in association with a Restaurant or Bar where seating
accommodation is provided and where meals and/or
refreshments are served to the public for consumption on the
premise. For the purpose of this By-law, the patio shall be
deemed to be part of the associated use.
Patio, Residential
Means a patio located wholly on private residential property
owned or leased by the owner.
Pet, Household
Means a domestic animal in which is tamed and commonly kept
in a Dwelling Unit either with free movement or confined in an
appropriate container but shall not include a domesticated
animal which is commonly kept, bred, raised or grazed as an
Agricultural Use, an animal requiring unusual care beyond
normal feeding or grooming, or an animal representing a hazard
or danger to the health, safety or well being of the occupants of
the Dwelling Unit.
Pharmacy
Means a Retail Store where the primary business is the filling of
medical prescriptions and the sale of drugs, medical devices and
supplies, and non-prescription medicines.
Place of
Entertainment
Means a cinema or other theatre, arena, auditorium, indoor
children's playground/trampoline park, public hall, dance hall,
pool hall, arcade or music hall, but does not include a Place of
Recreation.
Place of Recreation
Means a Lot, Building or Structure in which various forms of
recreation are provided for a fee, including amusement parks,
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
31
Section 3 - Definitions
mini-golf courses, bowling alley, curling rink and ice or roller rink,
but does not include a Place of Entertainment.
Place of Worship
Means a place or Building that is Used for the regular assembly
of persons for the practice of religious worship, services or rites.
Permitted Accessory Uses may include a hall, rectory, Sunday
school, and licensed Day Care Centre.
Printing Shop
Means a Building or part of a Building used for job printing or the
publication of periodical or otherwise written material.
Private Amenity Area
Means a privacy Yard immediately adjacent to the Dwelling Unit
which serves the household and with access controlled by the
Household of the Dwelling Unit.
Propane/Compressed
Natural Gas Transfer
and Handling Facility
Retail Propane/Compressed Natural Gas Transfer Facility
means a Transfer Facility that is licensed under the provisions of
The Technical Standards and Safety Act, from which petroleum
fuels (propane and compressed natural gas) may be retailed to
the public.
Consumer Outlet Propane/Compressed Natural Gas Transfer
Facility means a non-retail Transfer Facility licensed under The
Technical Standards and Safety Act, where vehicles, appliances
and other equipment of the business or establishment to which
the said facility belongs are refueled with petroleum fuels
(propane and natural gas).
Gas Cylinder Handling Facility means a facility licensed under
The Technical Standards and Safety Act, where bottled gases are
handled and stored in cylinders and where there is no element
of transfer.
Bulk Propane Storage Depot means a propane Transfer Facility
that has an aggregate capacity in excess of 7571 liters (2000 U.S.
gallons).
Public Authority
Means any School Board, Public Utility Commission,
Transportation Commission, Public Library Board, Board of Parks
32
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Management, Board of Health, Board of Commissioners of
Police, or other board of commission or committee of local
authority established or exercising any power or authority under
any general or special Statute of Ontario with respect to any of
the affairs or purposes of a municipality or a portion thereof and
includes any committee or local authority established by By-law
of the Corporation.
Public Use
Means the Use of any land, Building or Structure by a Public
Authority.
Public Utility
Means the Use of any land, Building or Structure by a telephone,
gas or railway company or similar company for the purposes of
installing and maintaining public utilities.
Q
Reserved for future Use
R
Railway Spur
Means a rail line located on private right of-way which provides
access from a rail line to the private property.
Recreational Vehicle
Means a Vehicle designed for Use principally for recreation such
as a travel trailer, tent trailer, Motor Home, boat, boat trailer,
snowmobile, all terrain vehicle.
Recreational Vehicle
Sales
Means a Building and/or Lot where Recreational Vehicles are
kept for display and/or sale. Permitted Accessory Uses may
include those normally required for performing maintenance
and repair such as a service centre, service bays, body shop,
storage of parts.
Religious Institution
Means a Building or part of a Building Used for a bible institute,
reading room, religious library, religious school, monastery,
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
33
Section 3 - Definitions
convent, religious retreat or similar Use but shall not include a
Place of Worship.
Restaurant, Full-
Service
Means a Building or part of a Building where food is offered for
sale to the public for consumption on or off the premises and
includes Restaurants, cafes, cafeterias, ice cream parlors, tea or
lunch rooms, dairy bars, coffee shops, Bars and pubs which may
be licensed under I Liquor License Act. This definition does not
include a Take-Out Restaurant, although a take-out counter
within a Restaurant is permitted.
Restaurant, Drive-
through
Means a Building or Structure used to take and fulfill orders for
food to the public while remaining in their Vehicle.
Restaurant, Take-Out
Means a Restaurant, that does not have seating capacity for
diners and instead sells food or refreshments to the public solely
for consumption off the premises.
Retail, Accessory
Means an Accessory Use located in a Building, part of a Building,
or Structure in which goods, wares, merchandise, articles or
things are offered or kept for sale at retail.
Retail Food Store
Means a Retail Store where primarily food, as well as other
personal, convenience and household items and services are
provided for sale directly to the public and includes Uses such as
a supermarket, butcher shop, bake shop, produce outlet, or
delicatessen.
Retail Store
Means a Building or part of a Building in which goods, wares,
merchandise, articles or things are offered or kept for sale at
retail, but does not include any establishment otherwise defined
or classified herein.
Right-of-Way
(See Street)
Right-of-Way, Private
Means land owned by an individual other than a Public Authority
over which Right-of-Way has been granted to other for access
purposes.
Risk Management
Official
Means the Risk Management Official appointed by the
Corporation under Part IV of the Clean Water Act.
34
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Road
(See Street)
Rooming
House
Means a Single-Detached Dwelling in which rooms are rented
individually, with or without meals, for three (3) or more
individuals but does not include any other establishment
otherwise defined or classified herein. This definition includes a
boarding house.
S
Salvage Yard
Means a Lot, Building and/or Structure where goods, wares,
merchandise articles or things are stored, handled processed for
further Use and/or are abandoned, and includes a junk Yard, a
scrap metal Yard, an automobile wrecking Yard or premises, but
does not include a waste disposal site.
Sample and
Showroom
Means a Building or part of a Building Used for the display of
samples, patterns or other goods for viewing by the consumer
and where purchase orders are taken, provided that articles
from the display are not taken from the premises. This definition
does not include big box, new format or other similar
commercial Uses where the general public has access, either
freely, by membership or by some other form of control. Such
Uses shall be considered a Retail Store within the meaning of this
By-law.
School
Means a place of primary, elementary, or secondary education
which has a body of teachers and students on the premises, and
that provides instruction in primary, elementary or secondary
courses of study authorized or approved by the Minister of
Education for Ontario, and also includes adult education and
English or French as a second language programs.
School, Commercial
Means a school conducted for hire or gain, other than a private,
academic, religious or philanthropic school, and includes a
dancing studio, music studio, yoga studio, art school, golf school,
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
35
Section 3 - Definitions
a school of calisthenics, a business or trade school and any other
such specialized school conducted for hire or gain.
Screening
Means the Use of landscaping, walls, fences, hedges and/or
other ornamental fixtures to shield the view from one Lot to
another.
Self-Storage Facility
Means land and Buildings Used, rented, or leased to persons for
the storage of household and personal items and /or commercial
goods and materials, including but not limited to Vehicles and
Recreational Vehicles. Does not include any business operation
or Use associated with the storage.
Seniors' Residence
Means a Building or part of a Building comprised of Dwelling
Units which is operated primarily for senior citizens, and which
may include communal areas and areas for the servicing of
meals and ancillary health care, social support, counselling,
personal service, and recreational services to serve residents.
The definition of Senior's Residence shall not include a long-term
care facility, or Rooming House.
Service, Industrial or
Business
Means a Building or part of a Building Used primarily to provide
goods or services to other industries and businesses and,
without limiting the generality of the foregoing, includes such
Uses as courier, equipment and supply, data processing,
research, training, rental and similar Uses not otherwise defined
herein.
Service Shop,
Personal
Means a Building or part of a Building wherein a personal service
is provided. This definition may include a barber shop, a beauty
salon, a dressmaking shop, a shoe repair shop, a tailor shop, an
artist's or photographic studio or similar Use.
Service Shop, Repair
Means a Building a part of a Building wherein articles, goods or
materials such as appliances, furniture, office equipment or
similar items may be repaired or serviced. This definition shall
not include any manufacturing operation, Building or Structure
used for the service or repair of Vehicles, or a Custom Workshop.
36
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Setback
Means:
1. The least horizontal distance between a Lot Line and the
nearest part of the foundation of a Building or Structure on
the Lot; or
2. With reference to a street, the least horizontal dimension
between the centre line of a street allowance, measured at
right angles to such centre line, and the nearest part of any
excavation, the foundation of a Building or Structure on the
Lot, or the nearest Open Storage Use on the Lot; or
3. With reference to a Waterbody or watercourse, the least
horizontal distance between the stable top of bank and/or
Normal High Water Mark, where the bank is not clearly
defined, of the Waterbody or watercourse and the nearest
part of the foundation of a Building or a Structure.
Shipping Container
Means any unlicensed trailer (whether or not mounted on
wheels, and without a cab above or below grade), seacan,
shipping container, storage container, cargo box, and storage
trailer designed or once servicing as commercial shipping or
cargo containers, and typically consisting of four sides locked
together to form a steel box. For the purposes of this definition,
unlicensed trailer means a trailer which does not have a valid
permit under the Highway Traffic Act, R.S.O 1990, c. H.8., as
amended.
Shelter
Means an establishment providing temporary accommodation to
individuals who are in immediate need of emergency
accommodation and food, and may include ancillary health care,
counselling and social support services.
Shopping Centre
Means a group of non-residential Uses which are planned,
designed, developed, and managed in one (1) or more Buildings
by a single owner or tenant or group of owners or tenants, and
includes Parking Lots and landscaped areas. For the purpose of
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
37
Section 3 - Definitions
this By-law, a commercial plaza, power centre, discount centre or
other similar centre shall be considered a Shopping Centre.
Sight Triangle
Means the triangular space formed by intersecting street lines
and a line drawn from a point in one street line to a point on the
other street line, each such point being 6 m from the point of
intersection of the street lines measured along the street lines.
Where the two (2) street lines do not intersect at a point, the
point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the
intersection of the tangents to the street lines.
Illustration of a Sight Triangle:
Small-Scale Brewery
Means a Building that is Used for the self-contained
manufacturing, production, storage, packaging, bottling, canning,
and shipping of no more than 50,000 hectolitres of beer per year
authorized by a license issued by the Alcohol and Gaming
Commission of Ontario, and which does not result in nuisances
or emissions (e.g. noise, odour, fumes, vibrations). A Small-Scale
Brewery may include the following Accessory Uses:
1. An area where products made on the premises and products
made off the premises, or by in collaboration with another
brewery, winery, or distillery, are sold to the general public
for consumption on the premises;
38
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
2. A private hospitality area for tasting and dining where
products made on the premises are provided to private
groups;
3. Special events and tours; and
An office for administration purposes.
Small-Scale Distillery
Means a Building that is Used for the manufacturing, production,
storage, packaging, bottling, canning, and shipping of no more
than 50,000 hectolitres of liquor per year authorized by a license
issued by the Alcohol and Gaming Commission of Ontario, and
which does not result in nuisances and emissions (e.g. noise,
odour, fumes, vibrations). A small-scale distillery may include the
following Accessory Uses:
1. An area where products made on the premises and products
made off the premises, or by in collaboration with another
brewery, winery, or distillery, are sold to the general public
for consumption on the premises;
2. A private hospitality area for tasting and dining where
products made on the premises are provided to private
groups;
3. Special events and tours; and
An office for administration purposes.
Source Water
Protection Area
Means the lands and waters that have been defined under
Ontario Regulation 284/07 as the "study area" for an assessment
report and a source protection plan under the Clean Water Act,
S.O. 2006, c. 22.
Stock-in-Trade
Means the equipment, merchandise, or materials necessary to
be used in a trade or business.
Storey
Means that portion of a Building between any floor and the floor,
ceiling or roof next above, provided that any portion of a
Building partly below grade level shall not be deemed a Storey
unless its ceiling is at least 2 m above grade. Provided also that
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
39
Section 3 - Definitions
any portion of a Storey exceeding 4.5 m in Height shall be
deemed an additional Storey for each 4.5 m or fraction thereof
of such excess.
Storey, Half
Means the portion of a Building located wholly or partly within a
sloping roof, having a floor area of not less than one-half or
more than two-thirds of the floor area of the storey next below,
sidewalls not less than 1 m in height and a ceiling with a
minimum height of 2.5 m over an area equal to at least 50% of
its floor area.
Street, Open Public
Means an open thoroughfare under the jurisdiction of the
Corporation, the County, the Province of Ontario, or the
government of Canada. This definition includes highways, roads,
Right-of-Ways and road allowances, but excludes lanes and
Private Right-of-Ways.
Street, Unopened
Public
Means a street which has not been assumed by the Corporation
as a public thoroughfare.
Street, Private
Means a street, not otherwise defined herein, which is described
on a plan of subdivision or on a plan of condominium which is
not under the jurisdiction of the Corporation, but which has been
approved by the Corporation.
Street Line
Means a limit of the street allowance and is the dividing line
between a Lot and a street.
Structure
Means anything constructed or Erected, either permanent or
temporary, the Use of which requires location on the ground or
attachment to something having location on the ground. By the
purposes of this By-law, a fence not exceeding 2 m in height shall
be deemed not be a Structure.
Swimming Pool,
Private
Means a body of water, permanently located outdoors on
privately owned property, contained by artificial means, and
used and maintained for the purpose of swimming, wading,
diving or bathing.
40
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
T
Taxi Station
Means a Building or Structure or a part thereof used in whole or
in part to dispatch taxis and includes adjacent land used to store
Vehicles used for the taxi business.
Transportation
Terminal
Means a Lot, Building or Structure where trucks or tractor trailer,
are kept for hire, rent or lease, are stored, or parked for
remuneration, or from which trucks or tractor trailers are
dispatched for hire as common carriers and where Buildings or
Structures used for storage or distribution of goods, wares and
merchandise.
U
Use
Means the purpose for which any land, Building, Structure or
combination thereof is designed, arranged, occupied, or
maintained.
Use, Accessory
Means a Use customarily incidental and subordinate to the main
Use or main Building and located on the same Lot with such
main Use or main Building.
V
Vehicle
Means any carriage, conveyance or other device capable of being
propelled, driven or drawn by any kind of power, including motor
power or wind power, and includes, without limiting the
generality of the foregoing, a passenger automobile, truck,
trailer, boat, aircraft, tractor, farm implement, mobile crane or
shovel, snowmobile, motorcycle, but does not include a pedal
bicycle, canoe, kayak or any other device powered solely by
means of human effort, or a Mobile Home.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
41
Section 3 - Definitions
W
Wall, Exterior Side
Means the main exterior wall of a residential Building that is not
a permitted projection or an attached private garage or carport,
which is located closest to the Exterior Side Lot Line.
Wall, Front
Means the main exterior wall of a residential Building that is not
a permitted projection or an attached private garage or carport,
which is located closest to the Front Lot Line.
Warehouse
Means a Building or portion of a Building used only for the bulk
storage of goods, wares, merchandise, or materials and includes
Accessory office space, space but does not include bulk storage.
Waterbody
Means any bay, lake, river, canal as well as any floodplain
associated with the Waterbody, but excluding a drainage or
irrigation channel and any other Watercourse.
Watercourse
Means any depression 1m or more below the surrounding land
serving to give direction to a current of water at least nine (9)
months of the year, having a bed and well-defined banks, as well
as any floodplain associated with the Watercourse. Creeks,
streams and other similar Watercourses are included in this
definition.
Wellhead Protection
Area (WHPA)
Means the vulnerable area around a wellhead where land Use
activities have the potential to affect the quality of water that
flows into the well, as identified in the Clean Water Act.
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 (soils in which there is
an abundance of moisture) and has favoured the dominance of
either hydrophytic or water tolerant plants. The four (4) major
categories of wetlands are swamps, marshes, bogs, and fens.
Wholesale Outlet
Means a Building used or intended to be Used for the bulk
storage and sale of quantities of goods, commodities, wares,
42
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
merchandise, or materials for resale or business Use. Associated
activities such as re-packaging, assembling of components and
similar activities are also permitted as part of the Wholesale
Outlet Use, provided that such activities are clearly Accessory to
the main Use. This definition does not include big box, new
format or other similar commercial Uses where the general
public has access, either freely, by membership or by some other
form of control. Such Uses shall be considered a Retail Store
within the meaning of this By-law.
X
Reserved for future Use
Y
Illustration of Yards:
Yard
Means a space, appurtenant to a Building or Structure, located
on the same Lot as the Building or Structure, and which space is
open, uncovered and unoccupied from the ground to the sky
except for such Buildings, Accessory Uses, or Structures as are
specifically permitted elsewhere in this By-law.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
43
Section 3 - Definitions
Yard, Front
Means the space extending across the full width of a Lot
between the Front Lot Line and the nearest part of any Main Wall
of any Building or Structure on the Lot.
Yard, Exterior Side
Means a Side Yard immediately adjacent to a Public Street.
Yard, Interior side
Means a Side Yard other than an Exterior Side Yard.
Yard, Rear
Means the space extending across the full width of a Lot
between the Rear Lot Line and the nearest part of any rear wall
of any main Building or Structure on the Lot. In the case of a Lot
with no Rear Lot Line, the Rear Yard shall be the area between
the point where the Side Lot Lines meet and the nearest part of
any wall of any main Building or Structure on the Lot.
Yard, Required
Means the minimum Yard required by the provisions of this By-
law.
Yard, Side
Means the space extending from the Front Yard to the Rear Yard
and from the Side Lot Line to the nearest part of any side wall of
any main Building or Structure on the Lot.
Z
Zone
Means a designated area of land shown on the Schedules to this
By-law to which certain provisions and restrictions apply.
44
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
45
Section 4 - General Provisions
General Provisions
4.1 Accessory Uses
General
Where this By-law provides that a Lot may be used or a Building or Structure may be Erected
or used for a purpose. That purpose shall include any Accessory Buildings, Structures or
Uses but shall not include any:
1. occupation for gain or profit except as specifically permitted in this By-law; or
2. Building used for human habitation except as specifically permitted in this By-law.
Location
Accessory Buildings and Structures shall be permitted in any Zone but shall not be built
closer:
1. to the Front Lot Line or the Exterior Side Lot Line than the minimum distance required by
this By-law for the main Building on the Lot, except as otherwise indicated in 4.1.2(c);
2. to a street line than the main Building;
3. than 1.2 m to any interior or Rear Lot Line except that:
a. common Semi-Detached garages may be centred on the mutual Side Lot Line; and
b. where a Lot Line abuts a public Lane, an Accessory Building may be located not
less than 0.5 m from the said Lane.
Height
Accessory Buildings or Structures shall not exceed 4.5 m in height in Residential Zones, and
6 m in height in all other Zones.
Lot Coverage
The total Lot Coverage of all Accessory Buildings or Structures, inclusive of swimming pools
(subject to Section 4.1.6), porches and decks higher than 0.6 m above grade, shall not
exceed:
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
1. 10% of the Lot Area in Residential Zones; and
2. 15% of the Lot Area in all other Zones.
Separation
No Accessory Building or Structure shall be located closer than 2 m to the main Building.
Accessory Retail
Agriculture Uses, Food Production Facility, and a Custom Workshop may include an
Accessory Retail Use up to 30% of the Gross Leasable Floor Area.
Private Swimming Pools
1. A Private Swimming Pool may be Erected and used in any Yard provided that no part of
such swimming pool, including operational equipment, shall be located closer than 1.5 m
to any Rear or Interior Side Lot Line, 6 m to any Front or Exterior Side Lot Line, and 1.2 m
to the main Building.
2. A Private Swimming Pool shall not be considered part of the Lot Coverage provided no
part of the pool or its supporting Structure protrudes more than 1.4 m above the
Finished Grade.
3. Access to the pool shall be controlled pursuant to the requirements of the Corporation's
Pools By-law, as amended from time to time.
4. A Private Swimming Pool shall be set back at least 30 m from the Normal High Water
Mark of a Waterbody.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
47
Section 4 - General Provisions
4.2 Additional Residential Units
Source: Ministry of Municipal Affairs and Housing, 2019
1. A maximum of one (1) Additional Residential Unit, as herein defined, shall be a permitted
Use within all Single-Detached Dwellings, Semi-Detached Dwellings, and Rowhouse (i.e.
Townhouse) Dwellings, except in Accessory Dwellings.
2. A maximum of one (1) Additional Residential Unit, as herein defined, shall be a permitted
Use in a Building or Structure ancillary to and located on the same Lot as a Single-
Detached Dwelling, Semi-Detached Dwelling, and Rowhouse (i.e. Townhouse) Dwelling.
3. An Additional Residential Unit shall not be established prior to obtaining a Building
permit, and shall comply with the Ontario Building Code and Fire Code, as amended.
4. An Additional Residential Unit shall only be permitted where adequate public or private
water and sanitary sewer services are available.
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Town of Smiths Falls Comprehensive Zoning By-law
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5. Where an Additional Residential Unit is established in a Building or Structure that is
ancillary to a permitted Single-Detached Dwelling, Semi-Detached Dwelling, or Rowhouse
(i.e. Townhouse) Dwelling, the following provisions shall apply:
a. The Additional Residential Unit shall be subject to the minimum setback and
maximum Building Height provisions for the main Dwelling Unit in the Zone in which
it is located, except that:
i.
The Additional Residential Unit shall have a minimum Rear Yard setback of 1.2
m; and
ii.
An Additional Residential Unit in a Building or Structure that is ancillary to a
permitted Semi-Detached Dwelling or Rowhouse (i.e. Townhouse) Dwelling
shall have a minimum setback of 1.2 m from an Interior Side Yard Lot Line for
the main Dwelling.
b. An Additional Residential Unit in a Building or Structure that is ancillary to a permitted
interior Rowhouse (i.e. Townhouse) Dwelling Unit shall require a separate access (i.e.
not through the main Dwelling), either through an access easement or a rear lane;
c. An Additional Residential Unit is not exempt from the maximum Lot Coverage
provisions of the Zone in which it is located.
6. An Additional Residential Unit shall not exceed 40% of the gross floor area of the main
Dwelling Unit, except that when located in a Basement, it may occupy the whole of the
Basement, provided that the finished storey of such Basement is located above the level
of the sanitary or storm sewer serving the Building or Structure in which such Basement
is located, or provided that the Additional Residential Unit is serviced by an appropriate
sewage pumping facility.
7. The establishment of an Additional Residential Unit shall not result in any new doorway
entrance added to the front wall of the main Dwelling Unit.
8. Provision (7) of this Section does not:
a.
Prohibit an internal lobby or vestibule within a common doorway entrance in the
front wall;
b.
Prohibit the creation of an Additional Residential Unit within a main Dwelling Unit
that already contains more than one (1) doorway entrance in the front wall;
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
49
Section 4 - General Provisions
c.
Require the removal of a doorway entrance to a main Dwelling Unit that already
contains more than one (1) doorway entrance in the front wall; nor
d.
Prohibit the addition of one (1) doorway entrance along the front wall of a main
Dwelling Unit on a Corner Lot where there is no doorway entrance along that front
wall, but where there is a doorway entrance along the exterior side wall of the main
Dwelling Unit.
9. The main Dwelling Unit and the Additional Residential Unit must share the parking area
and Yards provided for the main Dwelling Unit, and no new Driveway may be
established.
10. Parking shall be provided for an Additional Residential Unit in accordance with Parking
provisions in this By-law.
11. The establishment of an Additional Residential Unit must not reduce the number of
Parking Spaces provided for the main Dwelling Unit below the minimum required by this
By-law.
12. Notwithstanding any other provision in this By-law, the required Parking Space for an
Additional Residential Unit may be provided as a Tandem Parking Space with the
required Parking Space for the main Dwelling Unit.
4.3 Automobile Service Stations, Gas Bars, and Retail Propane /
Compressed Natural Gas Transfer Facilities
Where Automobile Service Stations, Automobile Gas Bars and Retail Propane/Compressed
Natural Gas Transfer Facilities are permitted in this By-law, the following provisions shall
apply.
1. The minimum Lot Frontage shall be 38 m.
2. The minimum Yard requirements for the main Building shall be as listed in Table 4-1:
Table 4-1: Minimum Yard Requirements for Automobile Service Stations, Gas Bars, and Retail
Propane / Compressed Natural Gas Transfer Facilities
Provision
Requirement
Front Yard Depth
6 m
Exterior Side Yard Width
6 m
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
Interior Side Yard Width
3.5 m except where the Yard abuts a Residential
Zone the minimum shall be 6 m
Rear Yard Depth
6 m
3. The minimum distance between any portion of a Fuel Pump Island and any Front or
Exterior Side Lot Line shall be 6 m.
4. The minimum distance between any portion of a Fuel Pump Island any Rear or Interior
Side Lot Line shall be 4.5 m.
5. Where the Lot is a Corner Lot, no portion of any Fuel Pump Island shall be located closer
than 3 m to a straight line between a point in the Front Lot Line and a point in the
Exterior Side Lot Line, each such point being a distance of 15 m from the intersection of
such lines.
6. The minimum distance between a Driveway and the intersection of Street Lines,
measured along the street line shall be 4.5 m.
7. The minimum interior angle of intersection between a Driveway and a Street Line shall
be 45 degrees and the maximum interior angle between a Driveway and a Street Line
shall be 90 degrees.
4.4 Bed and Breakfast
A Bed and Breakfast, as herein defined shall be a permitted Use in all Residential Zones and
the DF Zone within all Single-Detached Dwellings, except in Accessory Dwellings and shall be
subject to the following provisions:
1. The operation of a Bed and Breakfast shall be incidental and secondary to the main Use
of the Single-Detached Dwelling;
2. There shall be a maximum of three (3) Guest Rooms or suites as part of the operation of
a Bed and Breakfast;
3. The requirements for off-street parking for Bed and Breakfasts specified in the Parking
provisions of this By-law shall be met;
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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Section 4 - General Provisions
4. A Bed and Breakfast shall not be subject to the requirements for Home Occupations
specified in Section 0; and
5. A Bed and Breakfast shall provide meals only to guests of the Bed and Breakfast.
4.5 Buildings to be Moved
No Building or Structure shall be moved within the limits of the Town or shall be moved
from outside the Town into the Town 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.
4.6 Cannabis Production and Processing Facilities
A Cannabis Production and Processing Facility shall be permitted in all Industrial Zones and
shall be subject to the provisions of the applicable Zone. The following additional provisions
apply:
1. A Cannabis Production and Processing Facility shall be located at least 150 m from the
Building to:
a. A Lot in a Residential, Institutional, or Open Space Zone; and
b. Despite the required minimum distances noted in this provision, no Cannabis
Production and Processing Facility lawfully established under these provisions
shall be deemed to be in violation of this provision by the subsequent Erection of
a residential or institutional Use constructed on another Lot.
2. A Cannabis Production and Processing Facility must be entirely conducted indoors within
a licensed Building;
3. The licensed producer shall provide to the Town of Smiths Falls notification of a licensed
production application and a copy of the current and valid production license issued by
Health Canada, as well as notification to the Smiths Falls Fire Department and Smiths
Falls Police Service;
4. A Cannabis Production and Processing Facility shall not be conducted within a residential
Dwelling and shall not be permitted as a Home Occupation;
5. A Cannabis Production and Processing Facility must be fenced and shall be subject to Site
Plan Control to address applicable physical design standards; and,
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
6. A Cannabis Production and Processing Facility shall be equipped with Air Treatment
Control and shall not result in nuisance, such as odour or fumes.
4.7 Construction Uses
1. A Building or Structure, incidental to construction on the Lot where such Building or
Structure is situated, shall be permitted in all Zones for as long as it is necessary for the
construction in progress to be completed or abandoned, but only while a valid Building
permit for such construction remains in force.
2. Abandoned in this subsection shall mean the failure to proceed expeditiously with the
construction work or the failure to proceed expeditiously with the construction work or
the failure to undertake any construction work during a continuous 6-month period.
4.8 Dangerous Substances
No Use shall be permitted which, from its nature or the materials used therein, is declared to
be a noxious trade, business or manufactured under The Health Protection and Promotion
Act or regulations thereunder.
4.9 Day Care Centres
Day Care Centres shall be permitted in all Zones except the Industrial (M), Wetland (W), Flood
Plain (F), and Future Development (D) Zones, subject to the following provisions as listed in
Table 4-2.
Table 4-2: Lot and Building Requirements for Day Nurseries
Provision
Requirement
a. Minimum Lot Area
420 m2
b. Minimum Lot Frontage
12 m
c. Minimum Exterior Side Yard
6 m
d. Minimum Interior Side Yard
3.5 m
e. Minimum Interior Side Yard
3 m
f. Minimum Rear Yard Depth
8 m
g. Minimum Landscaped Open Space
30%
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
53
Section 4 - General Provisions
Provision
Requirement
h. Maximum Height of Buildings
11 m
i. Accessory Uses, Parking, etc.
In accordance with Section 4
4.10 Dwelling Units Below Grade
A Dwelling Unit, in its entirety, may be located in a Basement, provided that the finished
storey of such Basement is located above the level of the sanitary or storm sewer serving the
Building or Structure in which such Basement is located or provided that the Dwelling Unit is
serviced by an appropriate sewage pumping facility.
4.11 Frontage on an Opened Street
No Building or Structure shall be Erected in any Zone unless the Lot on which such Building
or Structure is located has frontage on an opened street. This provision shall not apply to a
Lot on a registered plan of subdivision where an agreement between the owner and the
Corporation, which includes provisions for the construction of the streets in the subdivision,
is registered in the Registry Office or the Land Titles Office.
4.12 Frontage on More Than One Street
Where a Lot fronts on more than one street and is not a Corner Lot, the requirements for
Front Yards contained in this By-law shall apply to each Yard abutting the street in
accordance with the provisions of the Zone or Zones in which such Lot is located.
4.13 Group Homes
Group Homes shall be a permitted Use in all Zones, except in the Flood Plain (F) Zone, in
which a Single-Detached Dwelling is permitted as a principle Use in accordance with the
following provisions.
1. Group Homes shall not be permitted in Accessory Single-Detached Dwellings nor in
Additional Residential Units.
2. Group Homes may be permitted in Single-Detached Dwellings and in both units of Semi-
Detached and Duplex Dwellings, provided that both units are occupied by one (1) group
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
home operation and that the total number of residents (excluding staff or receiving family)
in both units does not exceed ten (10).
4.14 Height Restrictions by Perth and Smiths Falls District Hospital
Notwithstanding any other provisions of this By-law, no Building or Structure and no
Accessory Building or Structure shall be permitted to extend in height above the elevation of
the flight path for the helipad at the Perth and Smiths Falls District Hospital, located at 60
Cornelia Street West, pursuant to the regulations of Transport Canada.
4.15 Home Occupations
Home Occupations, as herein defined, are permitted as an Accessory Use in all Dwelling
Units, except those located in the Flood Plain (F) and Wetland (W) Zones, in accordance with
the following provisions.
1. The Home Occupation shall be carried out entirely within the Dwelling or entirely within
an Accessory Building or Structure normally associated with a Dwelling.
2. There shall be no display or advertising other than a legal sign of not more than 0.3 m² in
size, to indicate that a Home Occupation is being conducted in the Dwelling Unit.
3. Such Uses as a Bed and Breakfast, offices, domestic and household arts and crafts, Day
Care Centre, instruction, personal service, Custom Workshops, repair shops and similar
Uses may be permitted as Home Occupations.
4. No more than one (1) Home Occupation shall be conducted within the Dwelling Unit.
5. The Home Occupation shall occupy an area of not more than 25% of the gross floor area
of the Dwelling Unit.
6. The Home Occupation does not interfere with television or radio reception.
7. No Stock-in-Trade is sold or rented, or kept for sale or rent upon the premises unless
such items were created by the resident or unless kept for interior display or
demonstration purposes only.
8. No more than one (1) on-site non-resident employee shall be employed in the operation
of the Home Occupation.
9. An Open Storage Area is prohibited.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
55
Section 4 - General Provisions
10. Parking shall be provided for Home Occupations in accordance with the Parking
provisions of this By-law.
4.16 Keeping of Animals
No animals other than Household Pets, as herein defined, shall be kept in any Zone, except
as permitted as an Animal Hospital or Animal Care Use in those Zones in which Animal
Hospital, Animal Care, and Kennel are permitted. Notwithstanding the foregoing, however
where an Agricultural Use which includes the keeping breeding raising and/or grazing of
domesticated animals or poultry existed on the date of passing of this By-law, such a Use
shall be deemed to be a permitted Use so long as it continues.
4.17 Landscaped Open Space
Requirements
1. Except in the DC, DF, DW, LC, and NC Zones, where any Lot in a Commercial or Industrial
Zone abuts a Lot in a Residential Zone or where any Lot used for public or institutional
purposes abuts a Lot in a Residential Zone, then a continuous strip of Landscaped Open
Space having a minimum width of 3 m shall be provided along the abutting Lot Line.
2. In any Non-Residential Zone except the DC, DF, DW, and NC Zones, where the required
parking abuts a Lot in a Residential Zone, then a continuous strip of Landscaped Open
Space a minimum width of 3 m shall be provided along the abutting Lot Line.
3. In any Zone, where the required parking abuts a street, then a strip of Landscaped Open
Space a minimum width of 1.5 m shall be provided along the Lot Line abutting the street
and the landscaped strip shall be continuous except for Aisles and Driveways required
for access to the parking area.
4. In Commercial and Industrial Zones, where any Lot abuts a Lot in a Residential Zone, a
solid fence a minimum of 1.5 m in height constructed of wood, metal or equivalent
material shall be Erected along the Lot Line.
5. Any portion of any Yard which is not used for any other purpose permitted in this By-law
shall be devoted to landscaped open space.
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Town of Smiths Falls Comprehensive Zoning By-law
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Town of Smiths Falls Comprehensive Zoning By-Law
Driveways or Walkways
In all cases where Driveways or walkways extend through the Landscaped Open Space, it
shall be permissible to interrupt the strip within 3 m of the edge of such Driveway or within
1.5 m of the edge of such walkway.
Accessory Uses
No Accessory Use shall be permitted to locate within the required Landscape Open Space.
4.18 Lanes as Yards
Where the Rear Lot Line of a Lot adjoins any portion of a lane, one-half of the width of that
portion of such lane may be considered part of the Lot for the purpose of computing the
area of the Lot and for the purpose of computing the depth of any Rear Yard required under
this By-law, provided that the depth of any required Rear Yard shall never be less than 6 m,
exclusive of the lane.
4.19 Lots Divided Into More Than One Zone
Where a Lot is divided into more than one (1) Zone, each such portion of the Lot shall be
used in accordance with the provisions of this By-law for the Zone where such portion of the
Lot is located. Each such portion of the Lot shall be considered as a separate Lot for the
purpose of determining Zone provisions.
4.20 Mobile Homes, Boats, Recreational Vehicles as Dwellings
No Mobile Home, boat or Recreational Vehicle shall be used for residential or non-residential
purposes within the municipality except as a temporary office, temporary residence tool
storage shed or similar Use on a construction site provided that such Use is terminated
when the work is completed or abandoned.
4.21 Natural Heritage Overlay
On those lands shaded on Schedule B1 - Natural Heritage Overlay, the following provisions
apply:
1. Development and site alteration shall only be permitted where it has been demonstrated
through an Environmental Impact Statement to the satisfaction of the Town that the
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
57
Section 4 - General Provisions
proposed development will result in no negative impact or degradation of the natural
heritage feature or their ecological functions.
2. The Natural Heritage Overlay, which includes identified natural features such as Areas of
Natural and Scientific Interest (ANSI), Provincially Significant Wetlands (PSWs) and
associated 120 m regulated buffer, Significant Ecological Areas, and Significant
Woodlands are identified on Schedule B1.
4.22 Non-Complying Buildings, Structures, and Lots
Alterations to Non-Complying Buildings and Structures
1. Nothing in this By-law shall prevent the enlargement, reconstruction, renovation or
repair of an existing non-complying Building or Structure provided such enlargement,
reconstruction, renovation or repair does not:
a. Further increase non-compliance with any applicable provisions of this By-law;
and
b. Contravene any other provisions of this By-law.
Development on Existing Non-Complying Lots
Development is permitted on any vacant Lot existing on the date of passing of this By-law
and which Lot is legally non-complying with respect to the provisions of this By-law, provided
that the proposed Use:
1. Use is permitted in the Zone in which the Lot is located; and
2. Use does not contravene any other provisions of this By-law.
Lots Having Less Area and/or Frontage
Where a Lot having a lesser Lot Area, Lot Depth and/or Lot Frontage than that required
herein is held under distinct and separate ownership from abutting Lots as shown by a
registered conveyance in the records of the Registry or Land Titles Office at the date of the
passing of this By-law, or where such a Lot is created as a result of any expropriation by or
conveyance to a Public Authority or of any dedication required for site plan approval, such
smaller Lot may be used and a Building or Structure may be Erected, Altered or used on
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Town of Smiths Falls Comprehensive Zoning By-law
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Town of Smiths Falls Comprehensive Zoning By-Law
such smaller Lot, provided that the owner complies with all other requirements of this By-
law.
Use of Undersized or Small Lots
Where a Lot having less than the minimum Lot Area or Lot Frontage required by this By-law,
exists and is held under distinct and separate ownership from adjacent Lots on the date of
passing of this By-law as shown by the records of the Registry of Land Titles Office, or is
increased in area or frontage but still does not meet the minimum area or frontage
requirements of this By-law, such Lot may be used, and a Building or Structure may be
Erected, for a purpose permitted in the Zone in which it is located, provided that all other
applicable provisions in this By-law are met.
Expropriation and/or Road Widening
1. If any legally existing Building or Structure would become non-complying as a result of a
road widening or an expropriation, by having its Front Yard, Exterior Side Yard or setback
reduced, the said existing Building or Structure shall be deemed to be complying for the
purposes of this By-law; and
2. If any legally existing Lot would become non-complying as a result of a road widening or
an expropriation, by having its Lot Area, Lot Depth, and/or Lot Frontage reduced, the said
existing Lot shall be deemed to be complying for the purposes of this By-law.
4.23 Non-Conforming Uses
Conformity
Save as otherwise provide in this By-law, no land, or Building or Structure shall be used for
any purpose, and no Building, or Structure, shall be Erected or Altered for any purpose
except as hereafter stated in this By-law and in conformity with all of the applicable
provisions of this By-law.
1. No person shall change the purpose for which any Lot, Building or Structure is Used or
Erect any new Building or Structure or addition to any existing Building or Structure or
sever any lands from any existing Lot if the effect of such action is to cause the original,
adjoining, remaining or new Use, Building or Structure or Lot to be in contravention of
this By-law.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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Section 4 - General Provisions
2. Nothing in this By-law shall apply to exempt any person from complying with the
requirements of any Bylaw in force within the Corporation or from obtaining any license,
permission, consent, permit, authority, or approval required by this or any other By-law
of the Corporation or by any other Federal, Provincial or Municipal Law in force at the
time of passing of this By-law.
3. This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed
by a governmental authority having jurisdiction to make such restrictions.
4. Notwithstanding anything in this By-law, no person shall reduce any Lot Area or Lot
Frontage, either by conveyance or other alienation of title of any portion thereof so as to
contravene any of the provisions of this By-law. However, no person shall be deemed to
have contravened any provision of this By-law by reason of the fact that any part of parts
of any Lot has or have been conveyed to or acquired by any Public Authority.
Continuation of Non-Conforming Uses
The provisions of this By-law shall not apply to prevent the Use of any existing Lot, Building
or Structure for any purpose prohibited by this By-law if such Lot, Building or Structure was
legally used for such purpose on the date of passing of this By-law, and provided that the
Lot, Building, or Structure continues to be used for that purpose.
Building Permit Issued
The provisions of this By-law shall not apply to prevent the Erection or Use of any Building or
Structure for a purpose prohibited by this By-law, the plans for which have, prior to the date
of passing of this By-law, been approved by the Chief Building Official, so long as the Building
or Structure when Erected is used and continues to be used for the purpose for which it was
Erected and provided the Erection of such Building or Structure is commenced within two
years after the date of the passing of this By-law, and such Building or Structure is
completed within a reasonable time after the Erection thereof is commenced.
Change of Non-Conforming 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 or to a Use which is authorized by the
Planning Advisory Committee, which assumes the duties and responsibilities of the
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Committee of Adjustment pursuant to its powers under the Planning Act, R.S.O. 1990, c. 13,
as amended.
Termination of Non-Conforming Use
A non-conforming Use shall be considered to be terminated once the Use ceases and the
property is used for a permitted Use.
Repair and Replacement of Non-Conforming Uses
Nothing in this By-law shall prevent the repair, replacement in whole or in part, or the
strengthening to a safe condition of any Building or Structure or part of such Building or
Structure which does not comply with the provisions of this By-law, provided such Alteration
or repair does not increase the height, size or volume or change the Use of such Building or
Structure which does not comply with the provisions of this By-law, provided such Alteration
or repair does not increase the height, size or volume or change the Use of such Building or
Structure.
Permitted Extensions of Non-Conforming Uses
1. Extensions or additions to non-conforming Uses shall not be permitted except by
amendment to this By-law in accordance with Section 44 of the Planning Act, R.S.O. 1990,
c. 13, as amended.
2. Notwithstanding Subsection a) above, nothing in this By-law shall prevent an extension
or an addition being made to a Use, Building or Structure which existed on the date of
passing of this By-law and which is a permitted Use in the Zone in which it is located but
which does not conform with one or more of the Zone Provisions of this By-law, provided
such extension or addition does not contravene any of the provisions of this By-law.
4.24 Objects Stored in Yards
1. Except as hereinafter provided no person shall obstruct any required Front Yard or Rear
Yard by the location of a Building or Structure, or by the storage of lumber, salvage or
similar material.
2. In any Residential Zone:
a. No person shall Use any Lot for the parking or storage of any commercial Vehicle
in excess of 2000 kg Vehicle weight;
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
61
Section 4 - General Provisions
b. Notwithstanding the provisions of Subsection a) above, the occupant of any
Dwelling may Use any garage situated on the same Lot for the housing or storage
of one commercial Vehicle, not exceeding 4,500 kg. (Vehicle weight, which Vehicle
is operated by the owner).
c. No person shall Use any Lot for the outside parking or storage of a:
i. Vehicle which has had part of all or its superstructure removed; and/or
ii. Vehicle which is unlicensed
d. Any number of Recreational Vehicles, not exceeding a total length of 11 m may be
stored in an Interior Side or Rear Yard provided that the Recreational Vehicle(s)
being stored are setback a minimum of 0.6 m from any Lot Line and the line
dividing the Side or Rear Yard from the Front Yard.
e. Where a Recreational Vehicle is parked in any Yard on a Lot, such Recreational
Vehicle shall not be used for living or sleeping accommodation for longer than
thirty (30) consecutive days by any person in transit between one place and
another; but in no event shall such living or sleeping accommodation be leased or
rented.
f. The parking or outside storage of a Recreational Vehicle may be permitted for a
period of not more than 72 hours in any one (1) calendar month in a Front Yard or
Exterior Side Yard.
g. Notwithstanding the foregoing, where a Lot is used for a Dwelling or Dwellings
containing more than two (2) Dwelling Units, the limitations imposed herein shall
not restrict the number of Recreational Vehicles that are stored on the Lot
provided the area, Building or Structure used for such storage complies with the
Yard provisions of the Zone in which such area, Building or Structure is located
has been approved by the Corporation, under a site plan agreement. Such are,
Building or Structure shall be in addition to the required parking.
4.25 Occupancy Restrictions
Human habitation shall not be permitted in any of the following Buildings, Structures or
parts thereof any;
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
1. Private Garage or other Building which is Accessory to a Residential Use, unless it is a
permitted Additional Residential Unit;
2. Truck, bus, coach, street car body whether or not the same is mounted on wheels or boat
out of water;
3. Basement, as defined in this By-law unless it is a permitted Additional Residential Unit;
4. Building or Structure before the Main Wall and roof have been Erected, application of the
exterior siding and roofing has been completed and the kitchen, heating and sanitary
conveniences have been installed unless approval of the Senior Planner, Chief Building
Official, or other official designated by the Corporation has been obtained in advance.
5. Trailer other than as temporary or seasonal accommodation, pursuant to the
Recreational Vehicle provisions herein.
4.26 One Dwelling Per Lot
Except in accordance with the provisions for Additional Residential Units and Group
Dwellings, not more than one (1) Dwelling shall be located on a Lot.
4.27 Outdoor Lighting
1. Where outdoor lights are provided, the light fixtures shall be arranged, installed, and
maintained to deflect, shade, and focus light away from abutting properties or adjacent
land Uses in order not to cause a nuisance.
2. Outdoor lights shall not interfere with the effectiveness of any traffic control device.
4.28 Parking and Loading Area Regulations
1. The owner of every Building or Structure Erected or used for any of the purposes
hereinafter set forth shall provide and maintain for the sole Use of the owner, occupant
or other persons entering upon or making Use of the said premises from time to time,
Parking Spaces and areas in accordance with Table 4-3.
2. If the calculation of required minimum Parking Spaces, Barrier-Free Parking Spaces, or
Bicycle Parking Spaces results in a fraction, the applicable requirement shall be rounded
up to the next whole number.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
63
Section 4 - General Provisions
3. Where the minimum requirement by Zone differs from the minimum requirement by
type of Use, the higher standard shall apply.
Downtown Core Parking Area Requirements
1. On those lands zoned DC and DF and shaded on Schedule A:
a. The following permitted Uses shall require 1 Parking Space per 50 m2 per gross
floor area: Custom Workshop, Dry Cleaning Plant, Financial Institution,
Laundromat, Medical Clinic, Office, Personal Service Shop, Printing Shop, Repair
Service Shop, Retail Food Store, Retail Store, Small-Scale Brewery, Take-Out
Restaurant.
b. The Parking Area Requirements for all other permitted Non-Residential Uses set
out in Section 4.28.2, shall be reduced by 50%.
c. Parking shall not be permitted in the Front Yard.
2. On those lands zoned DW and shaded on Schedule A:
a. The Parking Area Requirements for permitted Non-Residential Uses set out in
Section 4.28.2, shall be reduced by 50%.
b. Parking shall not be permitted in the Front Yard.
Minimum Parking Requirements
A minimum number of off-street Parking Spaces for motor Vehicles shall be provided and
maintained on a Lot in accordance with Table 4-3.
Table 4-3: Minimum Parking Requirements
Type of Use
Minimum Number of Parking Spaces Required
Residential Uses
Additional Residential Unit
Apartment Dwelling
Duplex Dwelling
Semi-Detached Dwelling
Single-Detached Dwelling
1 Parking Space per Dwelling Unit
Dwelling Unit in the upper storey of a
Non-Residential Building.
1 Parking Space
64
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Type of Use
Minimum Number of Parking Spaces Required
Dwelling Unit occupying a portion of,
and located at the rear or the side, of
the ground floor of a Non-Residential
Building
1 Parking Space
Group Dwellings
1 Parking Space per Dwelling Unit for Single-
Detached, Semi-Detached and Duplex Dwellings
1.25 Parking Spaces per Dwelling Unit or fraction
thereof for all other Residential Uses
Group Home
1 Parking Space per on duty employee plus 1
space per 5 beds, or fraction thereof
Home Occupation
1 space per Home Occupation where clients or
customers are attended or served on site, in
addition to 1 space per non-resident employee of
a Home Occupation which may be provided as a
Tandem Parking Space
Mobile Home Park
1 space per Mobile Home Lot
Rooming House
0.5 Parking Space plus 0.25 spaces per room
boarded
Seniors' Residence
1 Parking Space per 3 Dwelling Units, or fraction
thereof
Planned Unit Townhouse
Street Townhouse
1 Parking Space per Dwelling Unit located in a
Private Garage
Stacked Townhouse Dwelling
Back-to-Back Townhouse Dwelling
1 Parking Space per Dwelling Unit
Other Residential Uses
1 Parking Spaces per Dwelling Unit or fraction
thereof
Non-Residential Uses
Adult Entertainment
1 Parking Space per 25 m² of gross floor area
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
65
Section 4 - General Provisions
Type of Use
Minimum Number of Parking Spaces Required
Museum
Animal Hospital
1 Parking Space per 30 m² of gross floor area with
a minimum of 3 Parking Spaces
Assembly Hall
The greater of:
-
1 Parking Space for every 8 fixed seats or
fraction thereof; or
-
1 Parking Space for every 3 meters of bench
space, or 1 Parking Space per 12 m² of gross
floor area or fraction thereof
Automobile Body Shop
Automobile Gas Bar
Automobile Care
Automobile Rental
Automobile Sales
Automobile Service Station
2 Parking Spaces per 100 m² of gross floor area,
with a minimum of 4 Parking Spaces.
The provision of parking for the storage of new
and used vehicles, boats or trailers for sale or
lease, or service shall not be included as satisfying
the provisions of this clause
Automobile Washing Establishment
Self-service operation: 2 waiting and 1 drying
space per wash rack
Conveyer operation: 5 waiting spaces per wash
rack
Bar
1 Parking Space per 5.5 m2 devoted for patron
use, or 1 space per 6 seats of approved or
licensed patron use, whichever is greater
Bed and Breakfast
1 Parking Space per guest room, in addition to the
spaces required for the Dwelling Unit
Building Supply Outlet
Service Shop, Repair
Wholesale Outlet
2 Parking Spaces per 100 m² of gross floor area or
fraction thereof, with a minimum of 8 Parking
Spaces
Bulk Storage
Food Production Facility
1 Parking Space per 120 m² of gross floor area, or
fraction thereof
66
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Type of Use
Minimum Number of Parking Spaces Required
Cannabis Production and Processing
Facility
1 Parking Space per 100 m2 of gross floor area,
plus 1 additional space per 300 m2 of gross floor
area in excess of 2,800 m2
Catering Establishment
0.5 Parking Spaces per 100 m2 of gross floor area
Place of Entertainment
Place of Recreation
Place of Worship
-
5 Parking Spaces per 100 m2 of gross floor
area
Community Centre
1 Parking Space per 50 m2 of gross floor area
Conservation
0 Parking Spaces
Convenience Store
Dry Cleaning Plant
Financial Institution
Laundromat
Service Shop, Personal
1 Parking Space per 25 m² of gross floor area or
fraction thereof, with a minimum of 4 Parking
Spaces
Custom Workshop
1 Parking Space per 34 m² of gross floor area or
fraction thereof, with a minimum of 4 Parking
Spaces
Day Care Centre
1 Parking Space per on duty employee plus 1
space per 12 children
Farm Implement Sales
Farm Supply Sales
2 Parking Spaces per 100 m² of gross floor area,
with a minimum of 4 Parking Spaces.
The provision of parking for the storage of new
and used vehicles, boats or trailers for sale or
lease, or service shall not be included as satisfying
the provisions of this clause
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
67
Section 4 - General Provisions
Type of Use
Minimum Number of Parking Spaces Required
Funeral Home
1 Parking Space per 18 m² of gross floor area, or
fraction thereof, with a minimum of 8 Parking
Spaces
Golf Course
0.5 Parking Spaces per 100 m2 of gross floor area,
plus 2 spaces per hole or 1 space per stall for a
driving range, but no less than 25 spaces in total
Greenhouse
2 Parking Spaces per 100 m² of gross floor area or
fraction thereof, with a minimum of 8 Parking
Spaces
Guest House
1 Parking Space per guest room in addition to the
parking requirement for the Main Dwelling
Highway Commercial Mall
1 Parking Space per 34 m² of gross floor area or
fraction thereof, with a minimum of 4 Parking
Spaces
Home for the Aged
Hospital
Nursing Home
1 Parking Space for every 2 beds
Hotel
1 Parking Space per guest room, plus 1 Parking
Space per 8 persons design capacity of the eating
area or meeting room
Kennel
1 Parking Space per 50 m2 of gross floor area
Industrial Business / Service
Industrial Mall
1 Parking Space per 34 m² of gross floor area or
fraction thereof, with a minimum of 4 Parking
Spaces
Institution
1 Parking Space per 100 m² of display/assembly
area, or fraction thereof, including Basement area
used for display, with a minimum of 4 Parking
Spaces
68
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Type of Use
Minimum Number of Parking Spaces Required
Manufacturing
1 Parking Space per 80 m² of gross floor area
Marina
1 space per 100 m2 of gross floor area, plus 1
space per boat slip and 2 spaces per boat lunch
Medical Clinic
1 Parking Space per 30 m² of gross floor area with
a minimum of 3 Parking Spaces
Motel
1 Parking Space per guest room
Office
1 Parking Space per 34 m² of gross floor area on
the first storey and 1 Parking Space per 36 m² of
gross floor area above the first storey
Park, Private
Park, Public
4 spaces per sportsfield or swimming pool or 1
space per 5 fixed seats, whichever is greater;
other cases: 0 spaces
Place of Recreation (Bowling Alley,
Curling Rink)
2 Parking Spaces per bowling or curling sheet,
plus 1 Parking Space per 6 seats design capacity
of the area for Accessory Uses
Printing Shop
1 Parking Space per 34 m² of gross floor area or
fraction thereof, with a minimum of 4 Parking
Spaces
Public Use
1 Parking Space per 34 m² of gross floor area on
the first storey and 1 Parking Space per 36 m² of
gross floor area above the first storey
Recreational Vehicle Sales
2 Parking Spaces per 100 m² of gross floor area,
with a minimum of 4 Parking Spaces.
The provision of parking for the storage of new
and used vehicles, boats or trailers for sale or
lease, or service shall not be included as satisfying
the provisions of this clause
Restaurant, Full-Service
1 Parking Space per 14 m² of gross floor area.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
69
Section 4 - General Provisions
Type of Use
Minimum Number of Parking Spaces Required
In all cases, a minimum of 2 Parking Spaces shall
be provided, except in the DC and DF Zones.
Restaurant, Take-Out
1 Parking Space per 9.5 m² of gross floor area, or
fraction thereof
Outdoor Commercial Patio
15% of the required Parking Spaces for the
following uses with which the Outdoor
Commercial Patio is associated: Full-Service
Restaurant, Take-Out Restaurant, Bar, Small-Scale
Brewery, Small-Scale Distillery.
The above requirement does not apply to
seasonal or Private Patios.
Retail Store
Retail Food Store
1 Parking Space per 25 m² of gross floor area or
fraction thereof
School, Commercial
5 spaces per classroom, plus additional spaces for
any place of assembly, as required
School, Elementary
The lesser of:
-
Parking Spaces per classroom, and 1 Parking
Space per 4 m² of floor area in gymnasium; or
-
1 Parking Space per 4 m² of floor area in
auditorium, or fraction thereof
School, Secondary
The lesser of:
-
Parking Spaces per classroom and 3 spaces
per 4 m² of floor area in the gymnasium; or
-
3 Parking Spaces per 4 m² of floor area of the
auditorium, or fraction thereof
Self-Storage Facility
1 space per 100 m2 of gross floor area, plus 1
additional space per 300 m2 of gross floor area in
excess of 2,800 m2
70
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Type of Use
Minimum Number of Parking Spaces Required
The provision of parking for the storage of new
and used vehicles, boats or trailers for sale or
lease, or service shall not be included as satisfying
the provisions of this clause
Shopping Centre
4 Parking Spaces per 100 m² of Gross Leasable
Floor Area
Small-Scale Brewery
1 space per 100 m2 of gross floor area of the
production area, plus 3 spaces per 100 m2 of
gross floor area dedicated to Accessory tasting
and dining facilities or Accessory retail sales area
Small-Scale Distillery
1 space per 100 m2 of gross floor area of the
production area, plus 3 spaces per 100 m2 of
gross floor area dedicated to Accessory tasting
and dining facilities or Accessory retail sales area
Transportation Terminal
2 Parking Spaces per 100 m² of gross floor area,
with a minimum of 4 Parking Spaces.
The provision of parking for the storage of new
and used vehicles, boats or trailers for sale or
lease, or service shall not be included as satisfying
the provisions of this clause
Warehouse
1 Parking Space per 120 m² of gross floor area, or
fraction thereof
Other Non-Residential Uses permitted
by this By-law
1 Parking Space per 25 m² of gross floor area
Minimum Visitor Parking Requirements
1. In addition to the minimum Parking Space requirements of this By-law, off-street visitor
parking must be provided for the land uses at the rates specified in Table 4-4:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
71
Section 4 - General Provisions
Table 4-4: Minimum Visitor Parking Requirements
Use
Minimum Number of Spaces Required
Apartment Dwelling, Seniors' Residence,
Townhouse or Multiple Dwelling containing
five (5) or more units
1 space for every 10 Dwelling Units
2. Notwithstanding provision (1) of this Section, no visitor Parking spaces are required for
the first ten (10) Dwelling Units on a lot, and no more than 30 visitor Parking Spaces are
required per building.
3. Notwithstanding provision (1) of this Section, in the case of a Townhouse Dwelling, where
each dwelling unit has a driveway accessing a garage or carport located on the same lot
as the dwelling unit, no visitor parking is required for that Dwelling Unit.
Cash in Lieu of Parking
The Minimum Parking Requirements for Non-Residential Uses required herein may be
reduced or waived provided the owner enters into an Agreement with the Corporation
under Section 40 of the Planning Act, R.S.O. 1990, c. 13, as amended.
Parking Space Location on Other Lot
1. Where the owner of a Building or Structure proposes to provide the required Parking
Spaces and areas in a location other than on the same Lot as the Use that requires such
Parking Spaces and areas, then such Parking Spaces and areas shall be located not more
than 150 m from the said Lot and shall be located within the same Zone as the said Lot.
2. Furthermore, such Parking Spaces and areas shall:
a. be in the same possession, either by deed or renewable long term lease, as the
property occupied by the Use or Building to which the parking facilities are
Accessory; or
b. be subject to an agreement between the owner of the Use or Building served by
the parking facilities and the owner of the parking facility allocating the required
number of Parking Spaces.
3. In addition, the required number of Parking Spaces shall be maintained for the duration
of the Use.
72
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Barrier-Free Parking Requirements
1. Where Parking Spaces are required in accordance with Table 4-3 of this By-law for any
non-residential Use, Barrier-Free Parking Spaces shall be provided in accordance with
this Section of the By-law. Barrier-Free Parking Spaces shall not be required in addition to
those Parking Spaces required in Table 4-3, but rather, these Barrier-Free Parking Spaces
shall contribute to the total number of Parking Spaces required.
2. The minimum number of Barrier-Free Parking Spaces shall be calculated and provided
for the total number of Parking Spaces on the Lot, and shall not solely be based on the
minimum number of Parking Spaces required. The calculation of the total minimum
number of Barrier-Free Parking Spaces required shall be in accordance with the
following:
a. Where an even number of Barrier-Free Parking Spaces are required, an equal
number of Type A and Type B Barrier-Free Parking Spaces shall be provided.
b. Where an odd number of Barrier-Free Parking Spaces are required, the number of
Barrier-Free Parking Spaces must be divided equally between a Type A and a Type
B Barrier-Free Parking Space, while the remainder may be provided as a Type B
Barrier-Free Parking Space.
3. Where Type A Barrier-Free Parking Spaces are required, each Barrier-Free Parking Space
shall be designated by a sign mounted on a post or wall that is visible during the winter
months. Such sign shall be mounted at least 1.5 m above grade and shall identify the
space as being "van accessible".
4. Barrier-Free Parking Spaces shall not be required in association with any Parking Spaces
required and provided for emergency service Vehicles, motor Vehicles displayed for sale,
or any other vehicles associated with outside storage.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
73
Section 4 - General Provisions
5. Barrier-Free Parking Spaces shall have the following:
a. Type A - A minimum width of 3.4 m and a
minimum length of 5.5 m;
b. Type B - A minimum width of 2.75 m and a
minimum length of 5.5 m; and
c. Access provided by a barrier-free access Aisle with
a minimum width of 1.5 m which extends the full
length of the Parking Space, and which is marked
with high tonal contrast diagonal lines (i.e.
hatching) on a hard surface. Two (2) Barrier-Free
Parking Spaces which are adjacent to one another
may share one (1) barrier-free access Aisle.
6. Barrier-Free Parking Spaces shall be paved with hard
surface materials, shall be reasonably level, and as
accessible to the Building entrance(s) as possible.
Parking Space Requirements
Each required Parking Space shall maintain a minimum area and width and shall be in
accordance with the following:
1. All required Parking Spaces shall have direct and unobstructed access from a parking
Aisle or Driveway and shall be accessible, unobstructed, and usable.
2. In the case of a private garage or carport, a Parking Space shall consist of an area of not
less than 14.3 m² with a minimum width of 2.6 m.
3. In the case of regular or angled Parking Spaces, a Parking Space shall consist of a
minimum width of 2.75 m and a minimum length of 5. 5 m, with the Parking Space
measured at right angles to the angle of parking.
4. In the case of parallel Parking Spaces, consists of a minimum width of 2.75 m and a
minimum length of 6.7 m.
5. Minor encroachments into Parking Spaces, such as pillars, window wells, and steps, shall
be permitted as long as the functionality of the Parking Space is not hindered.
Barrier-free Parking Requirements
74
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Ingress and Egress
1. Ingress and egress, to and from the required Parking Spaces and Lot shall be provided by
means of unobstructed Driveways or passageways at least 3 m, but not more than 9 m,
in width excluding curb ramps, except in a Residential Zone wherein the maximum width
of all Driveways or passageways on the Lot shall be 6 m or 50% of the width of the Lot,
whichever is less.
2. The maximum width of any joint ingress and egress Driveway ramp, measured along the
street line, shall be 9 m, excluding curb ramps.
3. The minimum distance between a Driveway and an intersection of street lines, measured
along the street line intersected by such a Driveway, shall be 7 m, except for Automobile
Service Stations, Automobile Gas Bars and Retail Propane. For a Compressed Natural Gas
Transfer Facilities, the minimum shall be 4.5 m.
4. The minimum distance between two separate Driveways on one Lot, measured along the
street line, shall be 7 m.
5. The minimum angle of intersection between a Driveway and a street line shall be 60
degrees.
Parking Lot and Driveway Surfaces
1. Parking Lots and Driveways shall be surfaced with a permeable or impermeable hard
surface, such as asphalt, concrete, interlock pavers, permeable pavers, or similar hard
surfaces.
2. New developments shall surface parking in accordance with this Section within one (1)
year of occupancy.
Aisle Widths
Aisles between Parking Spaces shall provide unobstructed access from each Parking Space
to a Driveway in accordance with Table 4-5.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
75
Section 4 - General Provisions
Table 4-5: Minimum Aisle Widths
Angle of Parking
Minimum Aisle Width
Parallel parking on one side of aisle
3 m
0º to 55º
4 m
56º to 75º
5.8 m
56º to 75º
6 m
Over 75º
6.7 m
Electric Vehicle Parking Requirements
1. Required Parking Spaces may be Used as part of Electric Vehicle Supply Equipment,
whether or not a fee is charged for the Use of such Electric Vehicle Supply Equipment.
2. For new development, a minimum of 20% of the required Parking Spaces for
Residential uses in the DC, DF, and DW Zones shall be designed to be Electric Vehicle
Parking Ready.
3. A minimum of 5% of the required Parking Spaces for non-residential Uses shall be
Electric Vehicle Parking Spaces.
4. If the calculation of required Electric Vehicle Parking Spaces results in a fraction, the
applicable requirement shall be rounded down to the next whole number.
5. All required Electric Vehicle Parking Spaces shall be clearly defined and demarcated.
6. The requirements of subsections 1) through 5) shall only be required for Buildings or
portions of Buildings that were not existing on the date of passing of this By-law.
Multiple Use Developments
When a Building or Structure accommodates more than one type of Use, the parking area
requirements shall be the sum of the requirements for the separate parts of the Building or
Structure occupied by the separate types of Use.
Additions to Buildings or Change of Use
When a Building or Structure has insufficient parking at the time of passing of this By-law to
comply with the requirements herein, this By-law shall not be interpreted to require that the
76
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
deficiency be made up prior to the construction of any addition or change of Use to a
permitted Use in the Zone in which the Building is located. No addition may be built and no
change of Use may occur, however, the effect of which would be an increase in the
deficiency. Further, in any Business Park (M1), Light Industrial (M2), General Industrial (M3)
or Corridor Commercial (CC) Zone, any change from one permitted Use to another permitted
Use shall not require that any additional Parking Spaces be provided, not withstanding the
Parking provisions of this By-law, if there is insufficient room on the Lot to provide any
additional Parking Spaces and such lower parking standard shall be identified in the Site Plan
Agreement.
Parking Area Location
Parking shall be permitted in Yards in accordance with Table 4-6, except as otherwise
required in accordance with the for Landscaped Open Space provisions of this By-law.
Table 4-6: Parking Location in Required Yards
Use
Yard in Which Required Parking is Permitted
Apartment Dwelling
All Yards, except in the required Front Yard,
provided no Parking Spaces and no Driveway shall
be located within 2 m of a Habitable Room
window both in distance and height, and provided
that where a Dwelling requires four (4) or more
Parking Spaces such spaces are no closer than 1.5
m to any Lot Line.
The above shall apply to required parking located
on the same Lot or an adjacent Lot.
Other Residential
All Yards, except in the required Front Yard,
provided no Parking Spaces and no Driveway shall
be located within 2 m of a Habitable Room
window both in distance and in height.
The above shall apply to required parking located
on the same Lot or an adjacent Lot.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
77
Section 4 - General Provisions
Use
Yard in Which Required Parking is Permitted
Open Space, Commercial
All Yards, provided that no part of any parking
area, other than a Driveway, is located closer than
1.5 m to any street line.
Industrial, Institutional
Interior Side and Rear Yards only, except for
visitor parking covering not more than 15% of the
Front Yard area. Provided that no part of any
parking area, other than a Driveway, is located
closer than 1.5 m to any street line.
Parking Lot Required
Where more than three (3) Parking Spaces are required and such Parking Spaces are to be
located together, such Parking Spaces shall be located in a Parking Lot or parking garage.
Minimum Bicycle Parking Requirements
1. In all Zones, bicycle parking must be provided for the land Uses at the rates specified in
Table 4-7.
Table 4-7: Minimum Bicycle Parking Space Requirements
Use
Minimum Number of Spaces Required
Apartment Dwelling, Seniors' Residence,
Townhouse Dwelling consisting of six (6) or
more units
0.25 spaces per unit
Full-Service Restaurant, Retail Store, Office
1 space per 250 m2
School
1 space per 100 m2
Shopping Centre
In all cases, a minimum of 4 spaces shall be
provided.
Where the gross floor area is more than
500 m2, an additional 2 spaces per 500 m2
of gross floor area.
78
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Other non-residential Uses
1 space per 1,000 m2
2. Bicycle parking must be located on the same Lot as the Use or Building for which it is
provided, and must be located in order to promote convenient access to main entrances
3. A Bicycle Parking Space may be located within any Yard.
4. A maximum of 50% of Bicycle Parking Spaces may be located within a required
landscaped area.
5. Bicycle Parking Spaces must comply with the minimum Parking Space dimensions in
Table 4-8.
Table 4-8: Minimum Bicycle Parking Space Dimensions
Bicycle Parking Space
Minimum Width
Minimum Length
Horizontal
0.6 m
1.8 m
Vertical
0.5 m
0.6 m
6. Bicycle racks shall be provided for bicycle parking on a surface comprised of, brick,
asphalt, interlocking pavers or concrete.
7. Bicycle Parking Spaces shall be accessed by an Aisle with a minimum width of 1.5 metres.
8. When a Building or Structure accommodates more than one type of Use, the Bicycle
Parking Space requirements shall be the sum of the requirements for the separate parts
of the Building or Structure occupied by the separate types of Use.
Loading Space Regulations
1. Off-street Loading Spaces shall be provided and maintained on a Lot in accordance with
Table 4-9.
Table 4-9: Minimum Loading Space Requirements
Use
Minimum Number of Loading Spaces Required
Funeral Home
1
Hotel
2
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
79
Section 4 - General Provisions
Use
Minimum Number of Loading Spaces Required
Other non-residential Uses
1 space for every 2,800 m2 of gross floor area or
part thereof, but no greater than 6 Loading Space
shall be required
The provision for an off-street Loading Space for a
non-residential Building containing less than 200
m2 is optional
Residential Uses
0
Provided, however, that in addition to the above number of Loading Spaces, adequate
space shall be provided for the parking of vehicles awaiting access to Loading Spaces.
2. Each required Loading Space shall be not less than 9 m in length; 3 m in width; and
have a vertical clearance of at least 4 m.
3. Access to Loading Spaces shall be by means of an Aisle at least 3.7 m wide contained
within the Lot on which the Loading Spaces are located, and leading to a street or lane
located within or adjoining the Zone in which the Use is located.
4. Loading Spaces required shall be located in the Interior Side or Rear Yard. Loading
Spaces may be in Front and Exterior Side Yards if set back from the street line a
minimum distance of 10 m.
5. In the Yard where a Loading Space is located, a minimum 3 m wide Landscape Strip
shall be provided and maintained on the Lot Line abutting a Residential, Institutional, or
Open Space Zone.
6. Where there are two (2) or more Uses located on the same Lot, the Loading Space
requirements shall be the sum of the requirements of each Use.
7. The Loading Space requirements referred to herein shall not apply to any Building in
existence at the date of passing of this By-law so long as the floor area, as it existed at
such date, is not increased. If an addition is made to the Building or Structure which
increases the floor area, then additional Loading Spaces shall be provided for such
addition as required above.
80
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
4.29 Permitted Yard, Setback and Height Encroachments
As listed in Table 4-10, the following Yard, setback and height encroachments shall be
permitted provided such encroachments do not encroach into any required Parking
Space(s).
Table 4-10: Permitted Yard, Setback, and Height Encroachments
Building Feature / Structure
Yard in which
Projection is Permitted
Maximum Permitted
Encroachment
Skills, belt courses, chimneys,
cornices, eaves, gutters, parapets
or other ornamental Structures
Any
0.5 m
Window bay, excluding eaves and
cornices
Any
0.5 m, but can be located
no closer than 1.2 m to a
Lot Line
Drop awnings, flag poles, garden
trellises, fences, retaining walls,
signs, functional Accessory
Structures or similar Accessory
Uses
Any, except where
excluded in a sight
triangle
No limit
Satellite dishes
Front or exterior side
1.8 m
Covered or unenclosed porches,
balconies, verandahs, and steps,
with a maximum of two (2)
enclosed sides
Any, except where
excluded in a sight
triangle
2.5 m, but can be located
no closer than 1.2 m to a
Lot Line
Decks
Rear
No limit, but no closer
than 1.2 m to a Lot Line
Uncovered terraces or patios not
more than 1 m above grade
Any, except where
excluded in a sight
triangle
No limit
Unenclosed fire escapes, in which
the steps and landings are latticed
Side or rear
1 m
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
81
Section 4 - General Provisions
Building Feature / Structure
Yard in which
Projection is Permitted
Maximum Permitted
Encroachment
in such a manner that the
proportions of voids to solids is
not less than two to one and in
which guards consist only of hand
rails and the structural members
necessary to their support
Accessible ramps, with a
maximum width of 1.5 m
Any
No limit, but no closer
than 1.2 m to a Lot Line
Elevator housing, a roof stairway,
a water tank, a skylight, a steeple
or church spire, a belfry, flag pole,
a clock tower, a chimney or
smokestack, a radio or television
tower or antenna, a satellite dish,
a ventilation fan housing, a
firewall or a parapet wall, or a roof
sign
Any
No limit except as
prohibited under the
provisions of Section 4.14
Air conditioners
Any, except for a Front
Yard.
May be permitted in the
Front Yard of a Back-to-
Back Townhouse.
1 m, but no closer than
1.2 m to a Lot Line
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Town of Smiths Falls Comprehensive Zoning By-Law
Example of permitted encroachments:
Alternative Building Setbacks in Residential Zones
Notwithstanding anything else in this By-law, in any Residential Zone, Buildings and
Structures which are built between existing Buildings or adjacent to existing Buildings not
separated by a street, which are located on the same side of a street that they front onto,
and which are separated by no more than 60 m may be built with a setback equal to the
average setback of the adjacent Buildings, but this depth need be no greater than the
setback regulations prescribed in the Zone in which it is situated, and shall not be less than 3
m for Interior Lots and 3.5 m for Corner Lots provided that the Driveway which provides
access to the required Parking Space(s) is at least 6 m in length.
4.30 Public and Institutional Uses
1. Any land may be used and any Building or Structure may be Erected or used for the
purpose of a public service by a public authority such as the Corporation, the Provincial
and Federal Government, a utility company providing public utilities to the Corporation, a
transportation service operated by or for the Corporation, parks and recreation facilities,
and Conservation authority established by the Provincial Government, and a Health Unit,
provided that:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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Section 4 - General Provisions
a. No goods, materials or equipment shall be store in the open, except as permitted
in such Zone;
b. Any above-ground Use carried on under the authority of this paragraph in any
Residential Zone shall be maintained in general harmony with Residential
Buildings in such Zone;
c. The Lot Coverage, setback and Yard requirements prescribed for in the Zone in
which such land, Building or Structure is located shall be complied with, except
where such land, Building or Structure is located in a Residential Zone in which
case the provisions of the Institutional (I) Zone shall apply. Streets and
Installations
2. Nothing in this By-law shall prevent the Use of land as a street or prevent the installation
of a water main, sanitary sewer main, storm sewer main, gas main, pipeline or overhead
or underground hydro, telephone and cable line, traffic or other sign, or other supply
and/or communication line, including their distribution transformer, pumping and/or
regulation stations, provided that the location of such main or line has been approved
the Corporation.
4.31 Setbacks from Roads
1. All Buildings and Structures located along Provincial Highways and County Roads shall
comply with the specific setback requirements established by the Ministry of
Transportation and the County. Development permits for such lands shall be obtained
from the Ministry of Transportation and County Roads Department.
4.32 Setbacks / Buffers from Watercourses, Waterbodies, and Fish
Habitats
1. All new development, including the Erection of Buildings and Structures and the septic
system tile bed on privately serviced Lots and additions to existing structures that do not
increase the horizontal building footprint, shall require a minimum setback of 30 m from
the Normal High Water Mark of a Watercourse, Waterbody, or Wetland and the following
shall apply:
a. a minimum naturalized shoreline buffer of 15 m shall be maintained, unless as
outlined in subsection (b); and
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Town of Smiths Falls Comprehensive Zoning By-Law
b. the lesser of 25% or 15 m of the shoreline may be developed for access to and
Use of the waterfront.
2. Development requiring a plan of subdivision or that is subject to site plan control must
provide the watercourse or waterbody setbacks set forth in subsection (1) above unless,
as established through conditions of approval, a different setback is determined to be
appropriate subject to the completion of an Environmental Impact Statement, in
accordance with the policies set forth in the Official Plan as required by the Corporation,
and in consultation with the Conservation Authority.
3. Development and site Alteration adjacent to the Natural Heritage Overlay shown in
Schedule B1 of this By-law shall require a minimum setback of 30 m unless it can be
demonstrated through the preparation of an Environment Impact Study in accordance
with the requirements of the Official Plan and review and approval by the Corporation
and the Conservation Authority that the proposed development or site Alteration will
result in a net environmental gain of the productive capacity of the area.
Yard Exceptions for Waterbodies, Watercourses, Embankments, and Cliffs
Where in this By-law a Front, Side or Rear Yard is required, and part of the area of the Lot is
usually covered by water or marsh, or is beyond the rim of the Waterbody or Watercourse,
or between the top and toe of a cliff or embankment having a slope of 30 degrees or more
from the horizontal, then the required Yard shall be measured from the nearest Main Wall of
the main Building or Structure on the Lot to the edge of the said area covered by water or
marsh, or to the rim of said waterbody or watercourse, or to the top of the said cliff or
embankment if such area is closer than the Lot Line.
4.33 Shipping Containers
1. No person shall Erect, install, or place a Shipping Container in any Residential,
Commercial, or Institutional Zones, or in any other Zone which permits residential Uses
as a main Use, except where:
a. A Shipping Container forms part of a Dwelling, the design of which shall be
reviewed through the site plan process.
2. Shipping containers shall be permitted in any Industrial Zone, subject to the following
provisions:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
85
Section 4 - General Provisions
a. A shipping container shall be considered to be an Accessory Structure ancillary to
the main Use on a Lot.
b. A Shipping Container must be located in the Rear Yard and screened from view
from the street and abutting properties. Screening requirements shall be
determined by Town Planning staff;
c. Setbacks for a Shipping Container must include a 0.8 m Side Yard and Rear Yard
setback, except for Corner Lots, where they must be located 6 m from the street;
d. A Shipping Container shall not be located in a required parking area or Parking
Space, and shall not encroach into any required landscaped area or Landscape
Strip;
e. A Shipping Container shall not be placed for the purpose of display or advertising
on a property, or for the purpose of providing screening or fencing;
f. A Shipping Container shall be included in all calculations for the purpose of
determining maximum Lot Coverage of Accessory Buildings or Structures; and
g. A Building permit will be required for the construction and/or installation of a
Shipping Container.
3. Notwithstanding any other provision of this Section to the contrary, a Shipping Container
shall be permitted as a temporary Use on a construction site in any Zone, other than the
Wetland and Floodplain Zones, and areas part of the Natural Heritage Overlay, for the
purposes of storing equipment and materials incidental to construction, provided that a
Shipping Container shall:
a. Not be located in a minimum required Front Yard or in an Exterior Side Yard;
b. Be located entirely on private property without encroaching on to a public
sidewalk or Right-of-Way, and shall not create a site line obstruction;
c. Not exceed two (2) in number; and
d. Be removed from the site within 30 days of completing construction works.
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4.34 Sight Triangles
Sight Triangles
In a Sight Triangle, except in the DC, DF, DW, and NC Zones, no uncovered surface Parking
Lot or Loading Space may be constructed or used and no Building or Structure, landscaping
or Finished Grade shall be constructed or located thereon which exceeds 0.8 m above grade,
so as not to obstruct the vision of Vehicle operators.
Railway Crossings
Where any road or street crosses a railway at the same grade, no Building or Structure shall
hereafter be Erected closer to the point of intersection of the centre line of both the railway
and the street than 30 m where automatic signal protection is provided and 45 m where no
automatic signals are provided.
4.35 Signs
Nothing in this By-law shall apply to prevent the Use of signs on any land, Building or
Structure, but the Erection, Use and maintenance of such signs shall be subject to the
provisions of the Sign By-law of the Corporation and the provisions of this By-law for Home
Occupations and Sight Triangles.
4.36 Site Plan Requirements
No development shall take place on any parcel of land designated as Site Plan Control Area
in the Site Plan Control By-law unless the Council of the Corporation has approved such
plans and drawings required under the provisions of the Site Plan Control By-law.
4.37 Source Water Protection
The following provisions shall apply to lands within the Source Water Protection Overlay, as
shown on Schedule B2 of this By-law:
a. All applications for development within the Source Water Protection Overlay shall be
accompanied by a completed Source Protection Activity Checklist unless exempted by
the Corporation and/or the Risk Management Official.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
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Section 4 - General Provisions
b. Where not otherwise excluded, pursuant to subsection 1), applications for development
within the Source Water Protection Area shall be accompanied by a notice from the RMO
in accordance with Section 59(2) of the Clean Water Act prior to approval.
c. No Building Permit or Site Plan Control approval shall be issued for any Use within the
Source Water Protection Overlay area without the prior review of the potential impact
upon Source Water by the Corporation and/or the Risk Management Official.
d. Properties with a portion of land within the Source Water Protection Area may be
developed without notice from the RMO provided the development takes place outside
of the area described as being part of the Source Water Protection Area Overlay.
e. Properties entirely within the Source Water Protection Area Overlay may be developed
without notice from the RMO provided the development is solely for residential
purposes.
f. Properties having parts lying within more than one (1) sensitivity rating as shown on the
Source Water Protection Overlay, or only having a part of the property within the Source
Water Protection Overlay area, shall be subject to the restrictions applicable to the more
sensitive rating, subject to the approval of the Corporation and/or the RMO.
g. Properties within the Source Water Protection Area Overlay zoned IPZ-10 used for any
non-residential Use that has the potential to Use, store or undertake the following types
of activity, or which may Use any of the items listed in this Section, as defined by the
Mississippi-Rideau Source Protection Plan, shall be prohibited until it is must be
demonstrated to the satisfaction of the Corporation and/or RMO that the Use does not
represent a significant threat to drinking water for the Use to proceed:
a. Agricultural Use
b. Chemical Storage (DNAPL)
c. Waste Disposal Site
d. Handling and storage of commercial fertilizer, organic solvents or commercial
pesticide to land
e. Handling or storage of fuel at private outlets
f. Handling and storage of road salt
g. On-site Sewage Systems (more than 10,000 litres)
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Town of Smiths Falls Comprehensive Zoning By-law
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Town of Smiths Falls Comprehensive Zoning By-Law
h. Snow storage/disposal site
h. Properties within the Source Water Protection Area Overlay zoned IPZ-8 used for any
non-residential Use that has the potential to Use, store or undertake the following types
of activity, or which may Use any of the items listed in this Section, as defined by the
Mississippi-Rideau Source Protection Plan, shall be prohibited until it is must be
demonstrated to the satisfaction of the Corporation and/or RMO that the Use does not
represent a significant threat to drinking water for the Use to proceed:
a. Combined sewer discharge from a stormwater outlet to surface water
b. Sewage Treatment Plant or Industrial effluent discharge
c. Sewage Treatment Plant bypass discharge to surface water
d. Waste Disposal Site
i.
Properties within the Source Water Protection Area Used for any non-residential Use that
has the potential to impact the supply of water by removing water from an aquifer shall
not be permitted unless it has been demonstrated, to the satisfaction of the RMO, that
the Use would not be a significant threat to drinking water for the Use to proceed.
j.
Further to Subsections 7), 8), and 9) above, the prohibited uses shall only be permitted
through amendment to this By-law.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
89
Section 5 -Zones
Zones
5.1 Classification
The provisions of this By-law shall apply to all lands within the limits of the Corporation of
the Town of Smiths Falls which are divided into various Zones. The boundaries of these
Zones are illustrated in the Schedules of this By-law. On the Schedules, Zones and their
classifications are identified by symbols, as shown in Table 5-1.
Table 5-1: Establishment of Zones / Special Overlays and Corresponding Symbols
Classification
Zone
Symbol or Suffix
Zones
Residential
Residential Type One Zone
R1
Residential Type Two Zone
R2
Residential Type Three Zone
R3
Residential Type Four Zone
R4
Residential Type Five Zone
R5
Commercial
Downtown Core Zone
DC
Downtown Fringe Zone
DF
Downtown Waterfront Zone
DW
Lombard Street Commercial Zone
LC
Neighbourhood Commercial Zone
NC
Corridor Commercial Zone
CC
Community Shopping Centre Zone
SC
Industrial
Business Park Zone
M1
Light Industrial Zone
M2
General Industrial Zone
M3
Open Space
Open Space Zone
OS
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Town of Smiths Falls Comprehensive Zoning By-law
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Town of Smiths Falls Comprehensive Zoning By-Law
Classification
Zone
Symbol or Suffix
Institutional
Institutional Zone
I
Future
Development
Future Development Zone
FD
Wetland
Wetland Zone
(W)
Special Zones
Flood Plain
Flood Plain Zone
(F)
Holding
Holding Zone
h
Temporary Use
Temporary Use Zone
t
5.2 Zone Regulations
The permitted Uses, the size and dimensions of Lots, the size of Yards, the Lot Coverage, the
setback, the Gross Leasable Floor Area, the Landscaped Open Space, and all other Zone
provisions set out herein for the respective Zones.
5.3 Zone Boundaries
The extent and boundaries of all the said Zones are shown on the Schedules, which form a
part of this By-law and are attached hereto.
5.4 Zone Symbols
The symbols listed in Section 5.1 may be used to refer to Building Structure the Uses of Lots,
Buildings, and Structures permitted by this By-law in the said Zones. Whenever in this By-law
the word Zone is used, preceded by any of the said symbols, such Zones shall mean any area
within the Corporation within the scope of this By-law, delineated on the Schedules and
designated thereon by the said symbol.
5.5 Exception Zones
Where the Zone symbol as shown on the Schedules is followed by a dash and a number (e.g.
R1-1), then special provisions apply to such lands and such special provisions may be found
by reference to that part of the By-law which deals with that particular Zone and the
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
91
Section 5 -Zones
Exception Zones subsection thereunder. Lands zoned in this manner shall also be subject to
all provisions of the Zone, except as otherwise specified in such special provisions.
5.6 Special Zones
Flood Plain Zone (F)
Lands zoned Flood Plain as identified on the Schedules by the suffix "(F)" after the Zone
symbol shall be subject to all of the provisions of the Zone in which the lands are located.
However, no Building or Structure shall be Erected or Altered within any area which is
located within a Flood Plain Zone, except with the written approval of the Conservation
Authority.
Holding Zones
Any parcel or area of land in any Zone on the Schedules of this By-law may be further
classified as a Holding Zone with the addition of the suffix "h" (e.g. R3-4h). The intent is to
signify Council's approval in principle of future development of the land for the purposes
indicated by the Zone symbol. The holding classification added to a given Zone shall restrict
development of the land until such time as the demand for the development of the land is
sufficient to warrant immediate development.
Where a Holding Zone applies, no lands shall be used and no Buildings or Structures shall be
Erected or used for any purpose other than Uses existing on the date of passing of this By-
law. Any change from the holding status shall require an amendment to this By-law, and the
Corporation may require that the applicant enter into an agreement for the development of
the land prior to the amendment being adopted.
Temporary Use Zones
Where the Zone symbol zoning certain lands as shown on the Schedules is followed by the
suffix "t" (e.g. R1t), a Use or Uses in addition to the Uses permitted in the Zone in which the
lands are located shall be permitted for a specified period of time following which the Use or
Uses shall cease. Temporary Uses shall only be permitted by an amendment to this By-law
which amends the Schedules by adding the letter "t" to the Zone symbol on the lands where
the temporary Use is located and by amending this section to:
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Town of Smiths Falls Comprehensive Zoning By-Law
a.
describe the lands on which the temporary Use or Uses is/are permitted including
the municipal address where appropriate;
b.
list the permitted temporary Use or Uses;
c.
specify the time period for which the temporary Use or Uses is/are permitted
including the date on which the Use or Uses is/are to cease, on which date the
amendment shall be deemed to be repealed and the temporary Use(s) shall be
deemed to be repealed and the temporary Use (s) no longer permitted;
d.
describe any conditions which apply to the temporary Use or Uses.
5.7 Zone Boundaries
1. Zone boundaries, where possible, shall be construed to be Lot Lines, street lines, centre
lines of streets or railway rights-of-way. In the case where uncertainty exists as to the
boundary of any Zone, then the location of such boundary shall be determined in
accordance with the scale of the Schedules as its original size.
2. Wherever it occurs, the municipal limit of the Town of Smiths Falls is the boundary of the
Zone adjacent to it.
3. Where a Zone boundary is shown on the Schedules of this By-law, the Zone symbol
within the boundary shall apply to all lands within such boundary.
5.8 Building, Structure, and Use Classification
1. The Buildings, Structures and Use of Buildings, Structures and Lots specifically named as
Use permitted and classified under the headings of "Residential" and "Non-Residential"
refer only to the Uses as are specifically named under such heading in each Zone.
2. For the purpose of reference, all Buildings, Structures and Uses of Buildings, Structures
and Lots named as Permitted Uses and classified under the headings of "Residential" and
"Non-Residential" may be referred to as "Residential" and "Non-Residential" Buildings,
Structures, or Uses respectively.
3. The Buildings, Structures, and Uses specifically named as permitted Uses in a particular
Zone are the only Uses permitted in the particular Zone in which they are named and
classified, unless otherwise stated in Section 4 General Provisions or in the Exception
Zone provisions in the particular Zone.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
93
Section 6 - Residential Type 1 (R1) Zone
Residential Type 1 (R1) Zone
The Residential Type 1 (R1) Zone is intended to implement the Official Plan policies for low
density Uses in the Residential designation. This Zone generally permits Single-Detached
Dwellings and some institutional Uses.
6.1 General
No person shall within any R1 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions and the general provisions of this By-law.
6.2 Permitted Uses
Residential Uses
-
Single-Detached Dwelling
Non-Residential Uses
-
Place of Worship in accordance with Section 22.
-
Other Uses in accordance with Section 4.
6.3 Zone Provisions
Lot and Building Requirements for Permitted Residential Uses
Table 6-1: Lot and Building Requirements for Permitted Residential Uses (Single-Detached
Dwelling)
Provision
Requirement
Single-Detached Dwelling
a. Minimum Lot Area
420 m2
b. Minimum Lot Frontage
15 m
c. Minimum Front Yard
6 m
d. Minimum Exterior Side Yard
3.5 m
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Town of Smiths Falls Comprehensive Zoning By-law
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Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
Single-Detached Dwelling
e. Minimum Interior Side Yard
3 m on one side, with a minimum aggregate of
4.2 m for both Yards, except where a garage or
carport is attached to the main Building, the
minimum shall be 1.2 m
f. Minimum Rear Yard
8 m
g. Maximum Lot Coverage
35%
h. Maximum Building Height
11 m
6.4 Exception Zones
R1-1
Zoning By-law Section
Exception No.
By-law No.
6.4.1
R1-1
8916-2017
Property Location: 110-118 Lorne Street, portion of 131 Lorne Street, unnumbered
address accessible from 11 Lorne Street
Standards
i.
The following additional Uses shall be permitted: Agriculture, Non-Intensive.
R1-2
Zoning By-law Section
Exception No.
By-law No.
6.4.2
R1-2
8916-2017
Property Location: 125 Lorne Street
Standards
i.
The following additional Uses shall be permitted: Automobile Care, Automobile
Body Shop, Automobile Sales and Farm Implement Sales.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
95
Section 6 - Residential Type 1 (R1) Zone
R1-3
Zoning By-law Section
Exception No.
By-law No.
6.4.3
R1-3
8916-2017
Property Location: 131 Lorne Street
Standards
i.
The following additional Uses shall be permitted: Equestrian Uses and
Agriculture, Non-Intensive.
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Section 7 - Residential Type 2 (R2) Zone
Residential Type 2 (R2) Zone
The Residential Type 2 (R2) Zone is intended to implement the policies for low and medium
density Uses in the Residential designation in the Official Plan. This Zone generally permits
housing forms including Single-Detached, Semi-Detached, and Duplex Dwellings, as well as
some institutional Uses.
No person shall within any R2 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
7.1 Permitted Uses
Residential Uses
-
Converted Dwelling
-
Duplex Dwelling
-
Multiple Dwelling
-
Rooming House
-
Semi-Detached Dwelling
-
Single-Detached Dwelling
Non-Residential Uses
-
Place of Worship in accordance with Section 20
-
Other Uses in accordance with Section 4
7.2 Zone Provisions
Lot and Building Requirements for Permitted Residential Uses
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Town of Smiths Falls Comprehensive Zoning By-Law
Table 7-1: Lot and Building Requirements for Permitted Low-Density Residential Uses (Single-
Detached, Semi-Detached, Duplex Dwellings)
Provision
Requirement for Low-Density Residential Uses
Single-Detached
Dwelling
Semi-Detached
Dwelling
Duplex
Dwelling
a. Minimum Lot Area
420 m2
210 m2 per Dwelling
Unit
420 m2
b. Minimum Lot Frontage
15 m
9 m per Dwelling
Unit
15 m
c. Minimum Front Yard
6 m
6 m
6 m
d. Minimum Exterior Side
Yard
3.5 m
3.5 m
3.5 m
e. Minimum Interior Side
Yard
3 m on one side,
with a minimum
aggregate of 4.2 m
for both Yards,
except where a
garage or carport is
attached to the
main Building, the
minimum shall be
1.2 m
3 m on one side,
with a minimum
aggregate of 4.2 m
for both Yards,
except where a
garage or carport is
attached to the
main Building the
minimum shall be
1.2 m
3 m on one side,
with a minimum
aggregate of
4.2 m for both
Yards, except
where a garage
or carport is
attached to the
main Building,
the minimum
shall be 1.2 m
f. Minimum Rear Yard
8 m
8 m
8 m
g. Maximum Lot Coverage 35%
40%
35%
h. Maximum Building
Height
11 m
11 m
11 m
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
99
Section 7 - Residential Type 2 (R2) Zone
Table 7-2: Lot and Building Requirements for Permitted Medium-Density Residential Uses
(Multiple Dwellings, Converted Dwellings)
Provision
Requirement for Medium-Density Residential Uses
Multiple Dwelling
Converted Dwelling
a. Minimum Lot Area
450 m2
450 m2
b. Minimum Lot Frontage
18 m
12 m
c. Minimum Front Yard
6 m
6 m
d. Minimum Exterior Side
Yard
3.5 m
3.5 m
e. Minimum Interior Side
Yard
6 m on one side with a
minimum aggregate of 9 m
for both Yards, except
where a garage or carport
is attached to the main
Building, the minimum for
both Yards shall be 3 m
3 m on one side with a
minimum aggregate of 4 m
for both Yards, except where
a garage or carport is
attached to the main
Building, the minimum shall
be 1 m
f. Minimum Rear Yard
8 m
8 m
g. Maximum Lot Coverage
35%
40%
h. Maximum Building Height
11 m
11 m
i. Maximum Number of
Dwelling Units
4
N/A
j. Maximum Density
One (1) Dwelling Unit per
200 m2 Lot Area
One (1) Dwelling Unit per 200
m2 Lot Area
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
7.3 Exception Zones
R2-1
Zoning By-law Section
Exception No.
By-law No.
7.3.1
R2-1
7095-95
Property Location: 4 George Street South
Standards
i.
The following additional Uses shall be permitted: Group School for teaching
developmentally handicapped persons shall be a permitted use within the
Building existing on the property on the date of approval of this By-law.
ii.
For the purpose of this Section, a Group School shall be a facility in which a
maximum of eighteen (18) developmentally handicapped students receive
educational training from supervisory staff during normal school hours.
R2-2
Zoning By-law Section
Exception No.
By-law No.
7.3.2
R2-2
10136-2020
Property Location: 8 & 10 Philip Street
Standards
i.
The following additional Uses shall be permitted: Apartment Dwelling
containing six (6) Dwelling Units shall be permitted subject to the provisions of
the R2 Zone
ii.
The following special provisions shall apply:
a. Minimum Lot Frontage: 16 m;
b. Minimum Interior Side Yard: 3 m;
c. Maximum Building Height: 8.5 m;
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
101
Section 7 - Residential Type 2 (R2) Zone
Zoning By-law Section
Exception No.
By-law No.
7.3.2
R2-2
10136-2020
Property Location: 8 & 10 Philip Street
Standards
d. Minimum separation between Parking Spaces and Habitable Room
window: 4 m;
e. Minimum separation between Driveway and Habitable Room window:
1.2 m; and
f. Parking area setback from Lot Lines shared with another R2-3 Zone:
none.
R2-3
Zoning By-law Section
Exception No.
By-law No.
7.3.3
R2-3
10162-2020
Property Location: 65 Chambers Street East
Standards
i.
The following additional Uses shall be permitted: Converted Dwelling containing
seven (7) Dwelling Units.
ii.
The following special provisions shall apply:
a. Maximum Density: 1 Dwelling Unit/178 m2 Lot Area;
b. Minimum required parking: 8 Parking Spaces; and
c. No parking is permitted in the Front Yard.
102
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
R2-4
Zoning By-law Section
Exception No.
By-law No.
7.3.4
R2-4
10180-2020
Property Location: 102 Brockville Street
Standards
i.
The following additional Uses shall be permitted: Converted Dwelling House
containing three (3) units; and a detached Additional Residential Unit within an
Accessory Building, which existed at the date of passing of this By-law.
R2-5
Zoning By-law Section
Exception No.
By-law No.
7.3.5
R2-5
101321-2022
Property Location: 169 Chambers Street
Standards
i.
A Multiple Dwelling containing three (3) units; and an Additional Residential Unit
in a detached ancillary structure shall be permitted within structures existing as
of the date of the passing of this amending By-law.
R2-6
Zoning By-law Section
Exception No.
By-law No.
7.3.6
R2-6
10365-2022
Property Location: 188 Chambers Street
Standards
i.
A Multiple Dwelling containing five (5) units shall be permitted.
ii.
The following special provisions shall apply:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
103
Section 7 - Residential Type 2 (R2) Zone
Zoning By-law Section
Exception No.
By-law No.
7.3.6
R2-6
10365-2022
Property Location: 188 Chambers Street
Standards
a. Minimum Front Yard: 3 m; and,
b. Minimum distance between a driveway and a habitable room window:
0.78 m.
104
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
105
Section 8 - Residential Type 3 (R3) Zone
Residential Type 3 (R3) Zone
The Residential Type 3 (R3) Zone is intended to implement the Official Plan policies for low
and medium density Uses in the Residential designation. This Zone generally permits
housing forms including Single-Detached, Semi-Detached, Duplex, Townhouse, and Multiple
Dwellings, as well as some institutional Uses.
No person shall within any R3 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
8.1 Permitted Uses
Residential Uses
-
Duplex Dwelling
-
Semi-Detached Dwelling
-
Single-Detached Dwelling
-
Multiple Dwelling
-
Planned Unit Townhouse
-
Street Townhouse
Non-Residential Uses
-
Place of Worship in accordance with Section 22
-
Other Uses in accordance with Section 4
8.2 Zone Provisions
Lot and Building Requirements for Permitted Residential Uses
Table 8-1: Lot and Building Requirements for Permitted Low-Density Residential Uses (Single-
Detached, Semi-Detached, Duplex Dwellings)
Provision
Requirement for Low-Density Residential Uses
Single-Detached
Dwelling
Semi-Detached
Dwelling
Duplex Dwelling
a. Minimum Lot
Area
420 m2
210 m2 per Dwelling
Unit
420 m2
106
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement for Low-Density Residential Uses
Single-Detached
Dwelling
Semi-Detached
Dwelling
Duplex Dwelling
b. Minimum Lot
Frontage
15 m
9 m per Dwelling Unit
15 m
c. Minimum Front
Yard
6 m
6 m
6 m
d. Minimum
Exterior Side
Yard
3.5 m
3.5 m
3.5 m
e. Minimum Interior
Side Yard
3 m on one side,
with a minimum
aggregate of 4.2 m
for both Yards,
except where a
garage or carport is
attached to the
main Building, the
minimum shall be
1.2 m
3 m on one side
except where a
garage or carport is
attached to the main
Building the minimum
shall be 1.2 m, and
none on the other
side
3 m on one side, with
a minimum
aggregate of 4.2 m
for both Yards,
except where a
garage or carport is
attached to the main
Building, the
minimum shall be 1.2
m
f. Minimum Rear
Yard
8 m
8 m
8 m
g. Maximum Lot
Coverage
35%
40%
40%
h. Maximum
Building Height
11 m
11 m
11 m
i. Accessory Uses,
Parking, Etc.
In accordance with
Section 4.
In accordance with
Section 4.
In accordance with
Section 4.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
107
Section 8 - Residential Type 3 (R3) Zone
Table 8-2: Lot and Building Requirements for Permitted Medium-Density Residential Uses
(Street Townhouse, Planned Unit Townhouse, Multiple Dwelling)
Provision
Requirement for Medium-Density Residential Uses
Street
Townhouse
Planned Unit
Townhouse
Multiple Dwelling
a. Minimum Lot Area
200 m2 per corner
dwelling unit and
150 m2 per
interior dwelling
unit
200 m2 per corner
dwelling unit and
150 m2 per interior
dwelling unit
200 m2 per dwelling
unit
b. Minimum Lot Frontage
5.5 m per
dwelling unit
30 m
30 m
c. Minimum Front Yard
6 m
6 m
6 m
d. Minimum Exterior Side
Yard
3.5 m
6 m
6 m
e. Minimum Interior Side
Yard
Except that the
minimum width
adjoining a
corner unit shall
be 1.2 m
6 m
3 m on one side
with a minimum
aggregate of 4.2 m
except where a
garage or carport is
attached to the
main Building, the
minimum shall be
1.2 m
f. Minimum Rear Yard
8 m
6 m
8 m
g. Maximum Number of
Dwelling Units
6
N/A
N/A
h. Maximum Lot Coverage 45%
35%
35%
i. Maximum Building
Height
11 m
11 m
11 m
108
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement for Medium-Density Residential Uses
Street
Townhouse
Planned Unit
Townhouse
Multiple Dwelling
j. Minimum Distance
Between Buildings
3 m
3 m
N/A
k. Accessory Uses,
Parking, Etc.
In accordance
with Section 4.
In accordance with
Section 4.
In accordance with
Section 4.
Additional Provisions - Planned Unit Townhouse
1. Privacy Yards
Privacy Yards shall be provided for each Planned Unit Townhouse Dwelling in accordance
with Table 8-3 and shall be measured as though each Dwelling Unit is located on a separate
Lot. The privacy Yards may be included in Yard requirements for minimum Front Yard,
Interior Side Yard, and Rear Yard for a Planned Unit Townhouse, as described in Section
8.2.1.
Table 8-3: Minimum Requirements for Privacy Yards in the R3 Zone
Provision
Requirement
a. Minimum Front Yard Depth
6 m
Minimum Exterior Side Yard Width
6 m
Minimum Interior Side Yard Width
None, except that the minimum width adjoining
an end unit shall be 1 m
Minimum Rear Yard Depth
6 m
Additional Provisions - Multiple Dwelling
1. Maximum Density
One (1) Dwelling Unit per 200 m² of Lot Area.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
109
Section 8 - Residential Type 3 (R3) Zone
2. Courts
Where a Building is in a court, the distance between opposing side walls of the Building
forming the court shall be no less than 12 m.
3. Privacy Yards
a.
Privacy Yards with a minimum depth of 6 m, which are clear and unobstructed by
any parking area or Driveway, other than a private Driveway for a Dwelling Unit,
shall be provided adjoining any ground floor Habitable Room window except for a
Dwelling containing less than ten (10) Dwelling Units, a Driveway shall be permitted
within 3.5 m of an end wall in an Exterior Side Yard.
b.
Within a privacy Yard, an area with a minimum depth of 3.5 m unobstructed by any
public or joint pedestrian access shall be provided adjoining any ground floor
Habitable Room window.
c.
For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing is less than 2.5 m above the adjacent Finished
Grade.
4. Improved Amenity Area
a.
For Dwellings which do not have a separate privacy Yard with a minimum depth of 6
m for the exclusive Use of each Dwelling Unit, an Improved Amenity Area shall be
provided.
b.
The Improved Amenity Area shall be a minimum of 4% of the Lot Area which may be
included in the area calculated as required Landscaped Open Space.
c.
The Improved Amenity Area shall be located not less than 6 m from a ground floor
Habitable Room window and not in the Front Yard.
d.
For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing is less than 2.5 above the adjacent Finished Grade.
110
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
8.3 Exception Zones
R3-1
Zoning By-law Section
Exception No.
By-law No.
8.3.1
R3-1
8153-2008
Property Location: 90 & 98 Queen Street
Standards
i.
The permitted Uses shall be restricted to: Multiple Dwelling containing four (4)
Dwelling Units.
R3-2
Zoning By-law Section
Exception No.
By-law No.
8.3.2
R3-2
10274-2021
Property Location: Bellamy Farms Subdivision Phase II
Standards
i.
The permitted Uses shall be restricted to: Single-Detached Dwelling in
accordance with the building and lot provisions for the R1 Zone; Semi-Detached
Dwelling; and Street Townhouse.
ii.
A Street Townhouse shall be subject to the following additional provisions:
a. Minimum Lot Area: 160 m2; and
b. Minimum Lot Frontage: 5.45 m.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
111
Section 8 - Residential Type 3 (R3) Zone
R3-3
Zoning By-law Section
Exception No.
By-law No.
8.3.3
R3-3
8665-2014
Property Location: 16 Victoria Avenue
Standards
i.
The Maximum Density shall be 1 Dwelling Unit per 190 m2 of Lot Area.
R3-4
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
8.3.4
R3-4
10160-2020
Property Location: 1 Old Slys Road
Standards
i.
The following additional Use shall be permitted: Multiple Dwelling containing
four (4) Dwelling Units.
ii.
The following special provisions shall apply:
a. Minimum Interior Side Yard: 2.7 m; and
b. Exterior Side Yard: 4 m.
112
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
R3-5
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
8.3.5
R3-5
10231-2021
Property Location: 224-238 Percy Street
Standards
i.
A Planned Unit Townhouse shall be permitted, subject to the following special
provisions:
a. Minimum Exterior Side Yard: 3.5 m;
b. Interior Side Yard: 3 m; and
c. Exterior Side Privacy Yard: 3 m.
R3-6
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
8.3.6
R3-6
8699-2014
Property Location: 42 William Street West
Standards
i.
The following additional uses shall be permitted:
a. Yoga Studio
b. Catering Establishment
c. Assembly Hall
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
113
Section 9 - Residential Type 4 (R4) Zone
Residential Type 4 (R4) Zone
The Residential Type 4 (R4) Zone is intended to implement the Official Plan policies for
medium and high density Uses in the Residential designation. This Zone generally permits
housing forms including Apartment and Multiple Dwellings, as well as some institutional
Uses.
No person shall within any R4 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
9.1 Permitted Uses
Residential Uses
-
Apartment Dwelling
-
Multiple Dwelling
-
Stacked Townhouse
-
Back-to-Back Townhouse
Non-Residential Uses
-
Home for the Aged
-
Nursing Home
-
Place of Worship in accordance with
Section 22
-
Other Uses in accordance with
Section 4
9.2 Zone Provisions
Lot and Building Requirements for Permitted Residential Uses
Table 9-1: Lot and Building Requirements for Permitted Residential Uses (Apartment, Multiple
Dwelling)
Provision
Requirement
Apartment Dwelling and Multiple Dwelling
a. Minimum Lot Area
1,000 m²
b. Minimum Lot Frontage
30 m
114
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
Apartment Dwelling and Multiple Dwelling
c. Minimum Front Yard
6 m
d. Minimum Exterior Side Yard
6 m
e. Minimum Interior Side Yard
6 m
f. Minimum Rear Yard
8 m
g. Maximum Lot Coverage
35%
h. Maximum Building Height
11 m
i. Accessory Uses, Parking
In accordance with Section 4.
j. Maximum Density
1 Dwelling Unit per 130 m² Lot Area
Table 9-2: Lot and Building Requirements for Permitted Residential Uses (Stacked and Back-to-
Back Townhouse Dwelling)
Provision
Requirement
Stacked Townhouse
Back-to-Back Townhouse
a. Minimum Lot Area
1,000 m²
1,000 m²
b. Minimum Lot Frontage
6 m per Dwelling Unit at
grade
6 m per Dwelling Unit at
grade facing the Front Lot
Line
c. Minimum Front Yard
6 m
6 m
d. Minimum Exterior Side Yard
3.5 m
3.5 m
e. Minimum Interior Side Yard
Corner unit - 1.2 m
Inside unit - 0 m
Corner unit - 1.2 m
Inside unit - 0 m
f. Minimum Rear Yard
8 m; 0 m for Back-to-Back
Stacked Townhouses
0 m
g. Maximum Lot Coverage
49%
49%
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
115
Section 9 - Residential Type 4 (R4) Zone
Provision
Requirement
Stacked Townhouse
Back-to-Back Townhouse
h. Maximum Building Height
11 m
11 m
i. Minimum Distance Between
Buildings
3 m
3 m
j. Accessory Uses, Parking
In accordance with Section
4.
In accordance with Section
4.
k. Maximum Density
1 Dwelling Unit per 130 m²
Lot Area
1 Dwelling Unit per 130 m²
Lot Area
Additional Provisions - Apartment and Multiple Dwelling
1. Courts
Where a Building is in a court, the distance between opposing side walls of the Building
forming the court shall be no less than 12 m.
2. Privacy Yards
a. Privacy Yards with a minimum depth of 6 m, which are clear and unobstructed by any
parking area or Driveway, other than a private Driveway for a Dwelling Unit, shall be
provided adjoining any ground floor Habitable Room window, except for a Dwelling
containing less than ten (10) Dwelling Units, a Driveway shall be permitted within 3.5 m of
an end wall in an Exterior Side Yard.
b. Within a privacy Yard, an area with a minimum depth of 3.5 m unobstructed by any
public or joint pedestrian access shall be provided adjoining any ground floor Habitable
Room window.
c. For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing is less than 2.5 m above the adjacent Finished Grade.
116
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
3. Improved Amenity Area
a. For Apartment Dwellings which do not have a separate privacy Yard with a minimum
depth of 6 m for the exclusive us of each Dwelling Unit, an Improved Amenity Area shall
be provided.
b. The Improved Amenity Area shall be a minimum of 4% of the Lot Area which may be
included in the area calculated as required landscaped open space.
c. The Improved Amenity Area shall be located not less than 6 m from a ground floor
Habitable Room window and not in the Front Yard.
d. For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing in less than 2.5 m above the adjacent Finished Grade.
Nursing Home and Home for the Aged
In accordance with Section 22.2.
9.3 Exception Zones
R4-1
Zoning By-law Section
Exception No.
By-law No.
9.3.1
R4-1
N/A
Property Location: 8 & 11 River Street
Standards
i.
The following special provisions shall apply:
a. Minimum Lot Frontage: 22 m;
b. Minimum Side Yard: 3 m;
c. Privacy Yard: None; and
d. Improved Amenity Area: None.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
117
Section 9 - Residential Type 4 (R4) Zone
R4-2
Zoning By-law Section
Exception No.
By-law No.
9.3.2
R4-2
8505-2012
Property Location: 66 Queen Street
Standards
i.
The Minimum Lot Area shall be: 1,168 m2.
R4-3
Zoning By-law Section
Exception No.
By-law No.
9.3.3
R4-3
N/A
Property Location: Van Horne Avenue (Legal Description: Lot 3, Con 3 of South Elmsley
27R8847 Parts 1,14 and 15)
Standards
i.
The following additional Uses shall be permitted: Apartment Dwelling
containing 24 Dwelling Units.
ii.
The following special provisions shall apply:
a. Minimum Interior Side Yard Setback for Parking Spaces: 0.5 m; and
b. Driveways shall be permitted within 3.5 m of a Habitable Room window.
R4-4
Zoning By-law Section
Exception No.
By-law No.
9.3.4
R4-4
10252-2021
Property Location: 45 Elmsley Street South
Standards
i.
The following additional Uses shall be permitted: Apartment Dwelling.
118
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Zoning By-law Section
Exception No.
By-law No.
9.3.4
R4-4
10252-2021
Property Location: 45 Elmsley Street South
Standards
ii.
The following provisions shall apply:
a. Maximum Building Height: 18 m;
b. Minimum Rear Yard Depth: 6 m;
c. Maximum Density: 1 Dwelling Unit per 95 m2 of Lot Area;
d. The Front Yard facing Elmsley Street South shall be considered only the
Front Yard;
e. An equipped children's play area shall be not be required on site; and
f. Minimum angle of intersection between a Driveway and a Street line
shall be 45 degrees.
R4-5
Zoning By-law Section
Exception No.
By-law No.
9.3.5
R4-5
10322-2022
Property Location: 40 McGill Street South
Standards
i.
The following uses shall be permitted: Apartment Dwelling.
ii.
The following special provisions shall apply:
a. Minimum Front Yard: 4.25 m;
b. Minimum Privacy Yard for individual units: 3.5 m
c. An equipped children's play area shall not be required on site; and,
d. Parking shall be permitted in all yards.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
119
Section 10 - Residential Type 5 (R5) Zone
Residential Type 5 (R5) Zone
The Residential Type 5 (R5) Zone is intended to implement the Official Plan policies for high
density Uses in the Residential designation in the Official Plan. This Zone generally permits
Apartment Dwellings, as well as some institutional Uses.
No person shall within any R5 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
10.1 Permitted Uses
Residential Uses
-
Apartment Dwelling
Non-Residential Uses
-
Home for the Aged
-
Nursing Home
-
Place of Worship in accordance with
Section 22
-
Other Uses in accordance with
Section 4
10.2 Zone Provisions
Lot and Building Requirements for Permitted Residential Uses
Table 10-1: Lot and Building Requirements for Permitted Residential Uses (Apartment Dwelling)
Provision
Requirement
Apartment Dwelling
a. Minimum Lot Area
1,000 m2
b. Minimum Lot Frontage
30 m
c. Minimum Front Yard
8 m
d. Minimum Exterior Side Yard
8 m
120
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
Apartment Dwelling
e. Minimum Interior Side Yard
8 m
f. Minimum Rear Yard
8 m
g. Maximum Lot Coverage
24%
h. Maximum Building Height
15 m
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
j. Maximum Density
One Dwelling Unit per 70 m2 Lot Area
Additional Provisions - Apartment Dwelling and Multiple Dwelling
1. Courts
Where a Building is in a court, the distance between opposing side walls of the Building
forming the court shall be no less than 12 m.
2. Privacy Yards
a. Privacy Yards with a minimum depth of 6 m, which are clear and unobstructed by any
parking area or Driveway, other than a private Driveway for a Dwelling Unit, shall be
provided adjoining any ground floor Habitable Room window, except for a Dwelling
containing less than 10 Dwelling Units, a Driveway shall be permitted within 3.5 m of an
end wall in an Exterior Side Yard.
b. With a privacy Yard, an area with a minimum depth of 3.5 m unobstructed by any public
or joint pedestrian access shall be provided adjoining any ground floor Habitable Room
window.
c. For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing is less than 2.5 m above the adjacent Finished Grade.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
121
Section 10 - Residential Type 5 (R5) Zone
3. Improved Amenity Area
a. For Apartment Dwellings which do not have a separate privacy Yard with a minimum
depth of 6 m for the exclusive Use of each Dwelling Unit, an Improved Amenity Area shall
be provided.
b. The Improved Amenity Area shall be located not less than 6 m from a ground floor
Habitable Room window and not in the Front Yard.
c. For the purpose of this provision, a window shall be considered to be a ground floor
window if any part of the glazing is less than 2.5 m above the adjacent Finished Grade.
Nursing Home and Home for the Aged
In accordance with Section 22.2.
10.3 Exception Zones
R5-1
Zoning By-law Section
Exception No.
By-law No.
10.3.1
R5-1
8505-2012
Property Location: 254, 260 & 266 Brockville Street
Standards
i.
A Planned Unit Townhouse is permitted in accordance with the Planned Unit
Townhouse provisions in the R3 Zone.
122
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
This page left intentionally blank
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
123
Section 11 - Downtown Core (DC) Zone
Downtown Core (DC) Zone
The Downtown Core (DC) Zone is intended to implement the policies of the Downtown Core
designation in the Official Plan. This Zone generally permits a wide range of commercial Uses
such as retail Uses, Personal Service Shops, Restaurants, as well as complimentary
institutional Uses. Above-ground residential Uses are permitted.
No person shall within any DC Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
11.1 Permitted Uses
Non-Residential Uses
-
Animal Hospital
-
Assembly Hall
-
Bar
-
Commercial School
-
Community Centre
-
Custom Workshop
-
Day Care
-
Financial Institution
-
Full-Service Restaurant
-
Funeral Home
-
Hotel
-
Institution
-
Laundromat
-
Medical Clinic
-
Museum
-
Pharmacy
-
Place of Entertainment
-
Place of Recreation
-
Place of Worship
-
Printing Shop
-
Public Use
-
Religious Institution
-
Repair Service Shop
-
Retail Food Store
-
Retail Store
-
School
-
Small-Scale Brewery
-
Small-Scale Distillery
-
Take-Out Restaurant
-
Taxi Station
124
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Office
-
Parking Lot
-
Personal Service Shop
-
Other Uses in accordance with Section 4
Residential Uses
-
A Dwelling Unit or units in the upper storey of a Non-Residential Building.
-
A Dwelling Unit or units occupying a portion of, and located at the rear or the side, of
the ground floor of a Non-Residential Building with no wall of the Dwelling Unit facing
a public street.
11.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 11-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
None
d. Minimum Exterior Side Yard
None
e. Minimum Interior Side Yard
None
f. Minimum Rear Yard
None
Except where the Yard abuts a Lot in a Residential
zone, the minimum Yard shall be 1.5 m
g. Minimum Building Height
11 m
h. Maximum Building Height
22 m
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
125
Section 11 - Downtown Core (DC) Zone
Lot and Building Requirements for Permitted Residential Uses
Table 11-2: Lot and Building Requirements for Permitted Residential Uses
Provision
Requirement
a. Minimum Landscaped Open Space
15 m2 per unit
b. Minimum Open Usable Roof Area
The minimum landscaped open space provision
shall not apply to Dwelling Units in a portion of
Non-Residential Building provided that all
Dwelling Units have access to a private balcony or
to an open roof deck with an area of not less than
5 m² per unit
c. Maximum Density
One Dwelling Unit per 70 m2 of Lot Area
d. Minimum Building Height
11 m
e. Maximum Building Height
22 m
f. Accessory Uses, Parking, Etc.
In accordance with Section 4.
11.3 Exception Zones
DC-1
Zoning By-law Section
Exception No.
By-law No.
11.3.1
DC-1
N/A
Property Location: 10 Church Street West
Standards
i.
In addition to the permitted Non-Residential uses, the ground floor may be
used for residential uses in accordance with the provisions of Section 11.1.1,
provided that no ground floor Dwelling Unit shall be located below a Non-
Residential use.
126
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Downtown Fringe (DF) Zone
The Downtown Fringe Zone is intended to implement the policies of the Downtown Core
designation in the Official Plan. This Zone generally permits a wide range of commercial
Uses, as well as existing residential Uses and new upper-floor residential Uses.
No person shall within any DF Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
12.1 Permitted Uses
Non-Residential Uses
-
Animal Hospital
-
Commercial School
-
Community Centre
-
Convenience Store
-
Custom Workshop
-
Dry Cleaning Plant
-
Financial Institution
-
Funeral Home
-
Guest House
-
Hotel
-
Laundromat
-
Medical Clinic
-
Office
-
Parking Lot
-
Personal Service Shop
-
Place of Recreation
-
Place of Worship
-
Printing Shop
-
Religious Institution
-
Repair Service Shop
-
Restaurant, Full Service
-
Retail Food Store
-
Retail Store
-
Sample and Showroom
-
School
-
Take-Out Restaurant
-
Other uses in accordance with Section 4
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
127
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 12 - Downtown Fringe (DF) Zone
Residential Uses
-
A Dwelling Unit or units in the upper storey of a Non-Residential Building.
-
A Dwelling Unit or units occupying a portion of, and located at the rear or the side, of
the ground floor of a Non-Residential Building with no wall of the Dwelling Unit facing a
public street.
-
Any existing Residential Building containing a Single-Detached, Semi-Detached, Duplex,
Multiple, Townhouse, or Converted Dwelling that was legally used for such purpose on
the date of passing of this By-law.
12.2 Zone Provisions
Lot and Building Requirements for Non-Residential Buildings
Table 12-1: Lot and Building Requirements for Non-Residential Buildings
Provision
Requirement
g. Minimum Lot Area
No minimum
h. Minimum Lot Frontage
No minimum
i. Minimum Front Yard
6 m
j. Minimum Exterior Side Yard
3.5 m
k. Minimum Interior Side Yard
3 m
l. Minimum Rear Yard
8 m
m. Maximum Building Height
15 m
Lot and Building Requirements for Existing Residential Buildings
1. The provisions of the R2 Zone are to apply to any existing Residential Building containing
a Single-Detached, Semi-Detached, Duplex, Multiple, Townhouse, or Converted Dwelling
that was legally used for such purpose on the date of passing of this By-law.
128
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
12.3 Exception Zones
DF-1
Zoning By-law Section
Exception No.
By-law No.
12.3.1
DF-1
7688-2002
Property Location: 6 Maple Avenue
Standards
i.
The following additional provisions shall apply:
a. the ground floor of the building may be used for a Dwelling Unit or
units, provided the upper floor commercial use is restricted to offices; or
b. the building may be used for all uses permitted under Section 12.1,
provided there is no Dwelling Unit or units located on the ground floor.
ii.
No open space is required for any ground floor Dwelling Units.
DF-2
Zoning By-law Section
Exception No.
By-law No.
12.3.2
DF-2
8026-06
Property Location: 30 Chambers Street East
Standards
i.
Dwelling Units are permitted on all floors of a building.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
129
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 12 - Downtown Fringe (DF) Zone
DF-3
Zoning By-law Section
Exception No.
By-law No.
12.3.3
DF-3
B/L 8474-2012
Property Location: 44-50 Chambers Street
Standards
i.
In addition to the permitted uses, a multiple residential project may be
permitted to be built on the properties. In order to allow flexibility in the design
of the project, Apartment Dwelling, Street Townhouse, Planned Unit
Townhouse, and Semi-Detached Dwelling are also permitted uses in addition to
the Commercial uses permitted in the DF Zone.
DF-4
Zoning By-law Section
Exception No.
By-law No.
12.3.4
DF-4
8434-2011
Property Location: 33 William Street East
Standards
i.
The ground floor of a building may be used for a Dwelling Unit or Dwelling Units
provided that no Commercial uses occupy the upper storeys.
DF-5
Zoning By-law Section
Exception No.
By-law No.
12.3.5
DF-5
8538-2013
Property Location: 37 William Street East
Standards
i.
In addition to the permitted non-residential uses, the following additional uses
shall be permitted: One (1) Basement Dwelling Unit where the ground floor
Commercial uses are restricted to an Office Use.
130
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
131
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 13 - Downtown Waterfront (DW) Zone
Downtown Waterfront (DW) Zone
The Downtown Core Waterfront (DCW) Zone is intended to implement the policies of the
Downtown Core designation in the Official Plan, and recognizes these lands' significance due
to their close proximity to the Rideau Canal, a designated UNESCO World Heritage Site, and
the Downtown Core. This Zone generally permits Public Uses such a park, a range of
commercial Uses, complimentary institutional Uses, and above-ground residential Uses.
No person shall within any DW Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
13.1 Permitted Uses
Non-Residential Uses
-
Assembly Hall
-
Bar
-
Community Centre
-
Commercial School
-
Custom Workshop
-
Financial Institution
-
Full-Service Restaurant
-
Hotel Institution
-
Marina
-
Marina Facility
-
Medical Clinic
-
Museum
-
Office in the upper storey of a Building
-
Parking Lot
-
Personal Service Shop
-
Place of Entertainment
-
Place of Recreation
-
Place of Worship
-
Public Use
-
Religious Institution
-
Retail Store
-
Retail Food Store
-
School
-
Small-Scale Brewery
-
Small-Scale Distillery
-
Take-Out Restaurant
-
Other Uses in accordance with Section 4
132
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Residential Uses
-
A Dwelling Unit or units in the upper storey of a Non-Residential Building.
-
A Dwelling Unit or units occupying a portion of, and located at the rear or the side, of
the ground floor of a Non-Residential Building.
13.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 13-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
None
d. Minimum Exterior Side Yard
None
e. Minimum Interior Side Yard
None
Except where the Yard abuts a Lot in a Residential
zone, the minimum Yard shall be 1.5 m
f. Minimum Rear Yard
None
Except where the Yard abuts a Lot in a Residential
zone, the minimum Yard shall be 1.5 m
g. Minimum Building Height
7 m
h. Maximum Building Height
15 m
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
133
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 13 - Downtown Waterfront (DW) Zone
Lot and Building Requirements for Permitted Residential Uses
Table 13-2: Lot and Building Requirements for Permitted Residential Uses
Provision
Requirement
a. Minimum Landscaped Open Space
15 m2 per unit
b. Minimum Open Usable Roof Area
The minimum landscaped open space provision
shall not apply to Dwelling Units in a portion of
Non-Residential Building provided that all
Dwelling Units have access to a private balcony or
to an open roof deck with an area of not less than
5 m² per unit
c. Maximum Density
One Dwelling Unit per 70 m2 of Lot Area
d. Maximum Building Height
15 m
e. Accessory Uses, Parking, Etc.
In accordance with Section 4.
13.3 Exception Zones
DW-1
Zoning By-law Section
Exception No.
By-law No.
13.3.1
DW-1
9009-2018
Property Location: 41 Centre Street
Standards
i.
The following uses are also permitted: Marina, Marine Facility Use, provided
that:
a. An Open Storage Area is limited to boat storage during the winter
months in the southwestern extremity of the property;
b. No new construction nor permanent water access including docks,
berthing ramps, lifts, for the Marina and Marine Facility use is permitted
at the shore line.
134
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
135
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 14 - Lombard Street Commercial (LC) Zone
Lombard Street Commercial (LC) Zone
The Lombard Street Commercial (LC) Zone is intended to implement the policies of the
Downtown Core and Neighbourhood Serving Commercial designations, and the Lombard
Street Specific Policy Area 1 in the Official Plan. This Zone generally permits a wide range of
commercial Uses such as Retail Stores, services, offices, hotels, and Restaurants, as well as
institutional Uses.
No person shall within any LC Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
14.1 Permitted Uses
Non-Residential Uses
-
Animal Hospital
-
Assembly Hall
-
Commercial School
-
Community Centre
-
Custom Workshop
-
Dry Cleaning Plant
-
Full-Service Restaurant
-
Funeral Home
-
Financial Institution
-
Hotel Institution
-
Medical Clinic
-
Museum
-
Office
-
Parking Lot
-
Place of Entertainment
-
Personal Service Shop
-
Place of Recreation
-
Place of Worship
-
Printing Shop
-
Public Use
-
Religious Institution
-
Repair Service Shop
-
Retail Food Store
-
Retail Store
-
School
-
Take-Out Restaurant
-
Taxi Station
-
Warehouse Use Accessory to any of
the foregoing
136
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Wholesale Outlet Accessory to any of
the foregoing
-
Other Uses in accordance with
Section 4
Residential Uses
None.
14.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 14-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
None
d. Minimum Exterior Side Yard
None
e. Minimum Interior Side Yard
None, except where the Yard abuts a Lot in a
Residential zone, the minimum Yard shall be 1.5 m
f. Minimum Rear Yard
None
Except where the Yard abuts a Lot in a Residential
zone, the minimum Yard shall be 6 m
g. Maximum Building Height
22 m
h. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
137
Section 13 - Outer Downtown Mixed Use (ODMU) Zone
Section 14 - Lombard Street Commercial (LC) Zone
Lot and Building Requirements for Permitted Residential Uses
Table 14-2: Lot and Building Requirements for Permitted Residential Uses
Provision
Requirement
a. Minimum Landscaped Open Space
15 m2 per unit
b. Minimum Open Usable Roof Area
The minimum landscaped open space provision
shall not apply to Dwelling Units in a portion of
Non-Residential Building provided that all
Dwelling Units have access to a private balcony or
to an open roof deck with an area of not less than
5 m² per unit
c. Maximum Density
One Dwelling Unit per 70 m2 of Lot Area
d. Maximum Building Height
22 m
e. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Building Conversions
Notwithstanding any provisions of this By-law to the contrary, any existing residential
Building which is in the Lombard Street Commercial (LC) zone, may be converted to a
permitted commercial Use notwithstanding that such conversion may not meet one or more
of the provisions of this By-law, except that the parking provisions of this By-lay shall be met
and except that any addition or enlargement shall comply with all of the provisions of this
By-law.
14.3 Exception Zones
Reserved for future use.
138
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
139
Section 15 - Neighbourhood Commercial (NC) Zone
Neighbourhood Commercial (NC) Zone
The Neighbourhood Commercial (NC) Zone is intended to implement the policies of the
Neighbourhood Serving Commercial designation in the Official Plan. This Zone generally
permits a range of commercial Uses which serve residential neighbourhoods, such as
Convenience Stores and Personal Service Shops, as well as some non-commercial Uses such
as Medical Clinics and Animal Hospitals.
No person shall within any NC Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
15.1 Permitted Uses
Non-Residential Uses
-
Animal Hospital
-
Automobile Gas Bar
-
Convenience Store
-
Dry Cleaning Plant
-
Financial Institution
-
Full-Service Restaurant
-
Laundromat
-
Medical Clinic
-
Office
-
Personal Service Shop
-
Pharmacy
-
Printing Shop
-
Retail Food Store
-
Retail Store
-
Shopping Centre
-
Take-Out Restaurant
-
Other Uses in accordance with Section 4
Residential Uses
-
A Dwelling Unit or units in a portion of a Non-Residential Building
140
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
15.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 15-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
15 m
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
1 m
Except where the Yard abuts a Lot in a Residential
zone, the minimum Yard shall be 3 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
g. Maximum Building Height
11 m
h. Minimum Landscaped Open
Space
20%
which shall include a solid fence a minimum of 1.5 m
in height constructed of wood, metal or equivalent
material along any Lot Line that abuts a Lot in a
Residential, Open Space or Institutional Zone
i. Maximum Ground Floor Area
400 m2 per unit
Except 600 m2 for a Shopping Centre (entire Building)
j. Open Storage Area
No Open Storage Area is permitted. Garbage shall be
stored with metal containers or in a fenced area (s)
designed expressly for that purpose
k. Accessory Uses, Parking, Etc.
In accordance with Section 4
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
141
Section 15 - Neighbourhood Commercial (NC) Zone
Lot and Building Requirements for Permitted Residential Uses
Table 15-2: Lot and Building Requirements for Permitted Residential Uses
Provision
Requirement
a. Minimum Landscaped Open Space
15 m2 per unit
b. Minimum Open Usable Roof Area
The minimum landscaped open space provision
shall not apply to Dwelling Units in a portion of
Non-Residential Building provided that all
Dwelling Units have access to a private balcony or
to an open roof deck with an area of not less than
5 m² per unit
c. Maximum Density
One Dwelling Unit per 70 m2 of Lot Area
d. Maximum Building Height
11 m
e. Accessory Uses, Parking, Etc.
In accordance with Section 4
15.3 Exception Zones
NC-1
Zoning By-law Section
Exception No.
By-law No.
15.3.1
NC-1
8718-2013
Property Location: 270 Brockville Street
Standards
i.
The permitted uses shall be restricted to the following uses: Financial Office,
Medical Office, Office, Public Use, Personal Service Shop.
142
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
NC-2
Zoning By-law Section
Exception No.
By-law No.
15.3.2
NC-2
7880-05
Property Location: 33 Ferrara Drive
Standards
i.
A Yard having a minimum depth or width, as the case may be, of 9 m shall be
provided where such Yard abuts land which is located in a Residential Zone
along Merrick Street.
ii.
The required Yard shall be maintained as a landscaped buffer and shall include
a 1.8 m tall solid fence along the rear or side Lot Line, as the case may be.
NC-3
Zoning By-law Section
Exception No.
By-law No.
15.3.3
NC-3
8969-2017
Property Location: 73 Elmsley Street North & 12 Daniel Street
Standards
i.
No more than thirteen (13) Dwelling Units in total be permitted in the existing
Buildings on site, with no more than seven (7) Dwelling Units in total be permitted
on the ground floors with the minimum of one (1) ground floor commercial
located in the corner of Elmsley Street and Daniel Street.
ii.
The following additional zone provisions shall apply and supersede the property:
i. Location of Residential Units: Five (5) Dwelling Units in total may be permitted
on the ground floors of 73 Elmsley Street North; and one (1) Dwelling Unit on
the ground floor of 12 Daniel Street.
iii.
In accordance with Section 4.36, the property shall be subject to Site Plan Control
and a Development Agreement.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
143
Section 15 - Neighbourhood Commercial (NC) Zone
NC-4
Zoning By-law Section
Exception No.
By-law No.
15.3.4
NC-4
8969-2017
Property Location: 35 Daniel Street
Standards
i.
The following additional uses shall be permitted: Office.
ii.
The minimum Rear Yard setback shall be 0 m.
iii.
The minimum Interior Side Yard setback abutting a Residential Zone shall be 0 m.
iv.
A minimum of four (4) Parking Spaces shall be required.
NC-5
Zoning By-law Section
Exception No.
By-law No.
15.3.5
NC-5
8969-2017
Property Location: East Side of Sussex Street & William Street East
Standards
v.
The permitted uses shall be limited to the following: Animal Care, Animal Hospital,
Financial Office, Medical Clinic, Office, Personal Service Shop, Printing Shop, Retail
Store, Retail Food Store.
vi.
The minimum Rear Yard setback for a Residential Use shall be 1.5 m.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
145
Section 15 - Neighbourhood Commercial (NC) Zone
NC-6h
Zoning By-law Section
Exception No.
By-law No.
15.3.6
NC-6h
B/L 8110-200813; Revised B/L
8445-2011; Revised B/L 10101-
2019
Property Location: 2 Gould Street
Standards
i.
Dwelling Units on any floor of a building with commercial uses or in a building
with Multiple Dwelling Units shall be permitted.
ii.
Residential uses shall be permitted on the ground floor provided no commercial
uses exist within any portion of a storey located directly above a Dwelling Unit
and subject to the provisions below.
iii.
Except for a building entry, the first storey floor area abutting the wall of a
building facing or oriented to Elmsley Street North and constructed within 60 m
of said street, shall be allocated or leased for non-residential uses and shall
include a minimum of 20% of the Gross Leasable Floor Area of that storey.
iv.
The minimum building setback from Elmsley Street North shall be 10 m but may
be reduced to 4.5 m for a single-storey building where no parking area is placed
in the Yard abutting Elmsley Street North
v.
In a building occupied by residential and non-residential uses, the residential
uses shall have independent and separate access to the exterior of the building
and exclusive use of any hallway used to access one or more Dwelling Units.
vi.
The minimum number of Dwelling Units in a building used only for residential
purposes shall be four (4).
vii.
The maximum residential density shall be 50 units per gross hectare.
viii.
Where more than one building is constructed on a lot in the DF-3 Zone, the
minimum building separation requirement shall be 3 m for multi-residential
buildings of two storeys or less and shall be 6 m for mixed use buildings or any
building, or any part of a building, exceeding two (2) storeys.
146
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Zoning By-law Section
Exception No.
By-law No.
15.3.6
NC-6h
B/L 8110-200813; Revised B/L
8445-2011; Revised B/L 10101-
2019
Property Location: 2 Gould Street
Standards
ix.
On the lands zoned NC-6h on Gould Street, the holding zone shall prohibit the
construction of any new Building or expansion of any Building existing at the
date the amending by-law was passed. The holding zone shall only be lifted
upon completion of the following:
a. Heritage impacts are appropriately assessed in accordance with the
applicable provisions of the Official Plan.
b. The adequacy of municipal water and sanitary sewer connections, the
public road access and stormwater management for the proposed
construction has been confirmed or assured to the satisfaction of the
Town.
c. The construction design is approved under Site Plan Control.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
147
Section 15 - Neighbourhood Commercial (NC) Zone
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
149
Section 16 - Corridor Commercial (CC) Zone
Corridor Commercial (CC) Zone
The Corridor Commercial (CC) Zone is intended to implement the policies of the Corridor
Commercial designation in the Official Plan. This Zone generally permits a wide range of
automobile-oriented commercial Uses that do not detract from the permitted Uses in the GC
Zone, such as serve residential neighbourhoods, such as automobile and Recreational
Vehicle Sales, Shopping Centres, and Warehouses.
No person shall within any CC Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance within the following provisions.
16.1 Permitted Uses
Non-Residential Uses
-
Adult Entertainment
-
Animal Hospital
-
Assembly Hall
-
Automobile Body Shop
-
Automobile Care
-
Automobile Gas Bar
-
Automobile Sales
-
Automobile Service Station
-
Automobile Washing Establishment
-
Automobile Rental
-
Building Supply Outlet
-
Commercial School
-
Convenience Store
-
Custom Workshop
-
Dry Cleaning Plant
-
Farm Implement Sales
-
Farm Supply Sales
-
Full-Service Restaurant
-
Funeral Home
-
Financial Institution
-
Greenhouse
-
Laundromat
-
Hotel
-
Office
-
Personal Service Shop
-
Place of Entertainment
-
Place of Recreation
-
Printing Shop
-
Recreational Vehicle Sales
-
Retail Food Store
150
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Retail Store
-
Retail Propane / Compressed Natural
Gas Transfer Facility
-
Shopping Centre
-
Take-Out Restaurant
-
Warehouse
-
Wholesale Outlet
-
Other Uses in accordance with Section
4
16.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 16-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
15 m
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
3 m except where the Yard abuts a Residential Zone,
the minimum shall be 6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
6 m
g. Maximum Building Height
22 m
h. Minimum Landscaped Open
Space
30%
which shall include a solid fence a minimum of 1.5 m
in height constructed of wood, metal or equivalent
material along any Lot Line that abuts a Lot in a
Residential, Open Space or Institutional Zone
i. Minimum Gross Leasable Area
250 m2 per Unit
j. Accessory Uses, Parking, Etc.
In accordance with Section 4
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
151
Section 16 - Corridor Commercial (CC) Zone
Additional Provisions
1. Fuel Pump Island Location
In accordance with Section 4.
2. Retail Propane / Compressed Natural Gas Transfer and Handling Facilities
In accordance with the above Zone provisions or the licensing provisions of The Energy Act,
R.S.O 1980, C.139, whichever are the more restrictive.
3. Open Storage Area
a.
Open Storage Area shall be permitted in all Yards in accordance with the provisions
of Section 4.25.
b.
Garbage shall be stored within metal containers in a fenced area (s) designed
expressly for that purpose.
4. Special Provision - Lombard Street
Notwithstanding the requirement for municipal water supply and sanitary sewer services in
the preamble, on the CC lands abutting Lombard Street, development is permitted on
private wells and septic systems, subject to the approval of the Ministry of the Environment,
Conservation and Parks or the Health Unit, as the case may be. Further such private services
shall be identified in the Site Plan Agreement which shall require that the development
connect to municipal water supply and sanitary sewer services when available.
5. Accessory Dwelling
An Accessory Dwelling shall be so located on the Lot so that there is a Private Amenity Area
abutting each exterior wall which is measured as though the Dwelling is located on a
separate Lot, in accordance with the Zone provisions for the Residential Type 1 (R1) Zone.
16.3 Exception Zones
CC-1
Zoning By-law Section
Exception No.
By-law No.
16.3.1
CC-1
N/A
Property Location: Properties with Frontage on Soper Drive
152
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Zoning By-law Section
Exception No.
By-law No.
16.3.1
CC-1
N/A
Standards
i.
On the lands located at Queen Street (Highway 43) and Hershey Drive, the
following uses shall not be permitted: Adult Entertainment, Beverage Room, Guest
House, and Retail Store.
ii.
The following additional uses shall be permitted: Accessory Retail Store, Industrial
or Business Service, Kennel, Personal Service Shop, Repair Service Shop, Sample
and Showroom, Taxi Station, Gas Cylinder Handling Facility.
CC-2
Zoning By-law Section
Exception No.
By-law No.
16.3.2
CC-2
N/A
Property Location: 63 Church Street West
Standards
i.
On the lands located at Church and James Street, the following uses shall not be
permitted: Adult Entertainment, Bar, Guest House, and Retail Store.
ii.
The following additional uses shall be permitted: Accessory Retail Store, Industrial
or Business Service, Kennel, Personal Service Shop, Repair Service Shop, Sample
and Showroom, Taxi Station, Gas Cylinder Handling Facility.
CC-3
Zoning By-law Section
Exception No.
By-law No.
16.3.3
CC-3
7413-98
Property Location: 91 Cornelia West
Standards
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
153
Section 16 - Corridor Commercial (CC) Zone
Zoning By-law Section
Exception No.
By-law No.
16.3.3
CC-3
7413-98
i.
The permitted uses shall include all of the permitted uses listed in Sections 16.1 or
19.1. In addition, a Retail Store and Personal Service Shop are permitted in an
Industrial and/or Highway Commercial Mall, provided:
a. that the total Gross Leasable Floor Area of all such uses does not exceed 25%
of the total Gross Leasable Floor Area of the Building in which those uses are
located; and
b. that the Gross Leasable Floor Area of individual uses in not less than 205 m²
and not more than 1,555 m².
CC-4
Zoning By-law Section
Exception No.
By-law No.
16.3.4
CC-4
7878-2005 & 7880-05
Property Location: West Side of Ferrara Drive
Standards
i.
Lots may have their Frontage on and access over the snowmobile trail which is
adjacent to Ferrara Drive.
154
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
CC-5
Zoning By-law Section
Exception No.
By-law No.
16.3.5
CC-5
8166-2008
Property Location: 72 Lombard Street
Standards
i.
The following additional uses are permitted: Shopping Centre.
ii.
The following uses shall not be permitted: Automobile Body Shop, Automobile
Care, Automobile Gas Bar, Automobile Sales, Automobile Service Station,
Automobile Washing Establishment, Automobile Rental, Building Supply Outlet,
Commercial Storage, Contractors' or Tradesmans' Establishment, Dry Cleaning
Plant, Farm Implement Sales, Farm Supplies Dealership, Greenhouse, Recreational
Vehicle Sales, Retail Propane/Compressed Natural Gas Transfer Facility,
Warehouse, Wholesale.
iii.
A 30 m buffer shall be established and maintained in its natural state within 30m
of the boundary of the Swale Wetland.
CC-6
Zoning By-law Section
Exception No.
By-law No.
16.3.6
CC-6
8786-2015
Property Location: 159 Lombard Street
Standards
i.
The additional permitted uses are permitted: Medical Clinic.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
155
Section 16 - Corridor Commercial (CC) Zone
CC-7
Zoning By-law Section
Exception No.
By-law No.
16.3.7
CC-7
9916-2018
Property Location: 275 Brockville Street (Settlers Ridge Centre)
Standards
i.
The additional permitted uses are permitted to permit the adaptive reuse of the
site: Bar, Catering Establishment, Office, Community Centre, Day Care Centre,
Food Production Facility, Religious Institution, Retail Store, Sample and Show
Room, and Taxi Station.
ii.
The following additional provisions apply:
i. Minimum Lot Area: 1,000 m2;
ii. Lot Frontage: 30 m;
iii. Minimum Front Yard: 10 m; and
iv. Minimum Gross Floor Area: 150 m2.
156
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
This page left intentionally blank
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
157
Section 17 - Community Shopping Centre (SC) Zone
Community Shopping Centre (SC) Zone
The Community Shopping Centre (SC) Zone is intended to implement the policies of the
Neighbourhood Serving Commercial designation in the Official Plan. This Zone permits
commercial Uses, limited to Shopping Centres.
No person shall within any SC Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
17.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
-
Shopping Centre
-
Other Uses in accordance with Section 4
17.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 17-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
1,000 m2
b. Minimum Lot Frontage
15 m
c. Minimum Front Yard
15 m
d. Minimum Interior Side Yard
3 m except where the Yard abuts a Residential Zone,
the minimum shall be 6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
6 m
158
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
g. Maximum Building Height
11 m
h. Minimum Landscaped Open
Space
30%
which shall include a solid fence a minimum of 1.5 in
height constructed of wood, metal or equivalent
material along any Lot Line that abuts a Lot in a
Residential, Open Space or Institutional Zone
i. Maximum Gross Floor Area
20,000 m2 per Building
j. Maximum Floor Space Index
0.45
k. Open Storage Area
No Open Storage Area is permitted. Garbage shall be
stored with metal containers or in a fenced area (s)
designed expressly for that purpose
l. Accessory Uses, Parking, Etc.
In accordance with Section 4.
17.3 Exception Zones
SC-1
Zoning By-law Section
Exception No.
By-law No.
17.3.1
SC-1
B/L 7878-2005
Property Location: 123 & 129 Lombard Street
Standards
i.
The minimum Gross Leasable Area for each commercial Use in the Shopping
Centre shall be 205 m2.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
159
Section 17 - Community Shopping Centre (SC) Zone
SC-2
Zoning By-law Section
Exception No.
By-law No.
17.3.2
SC-2
B/L 10301-2022
Property Location: 143 Lombard Street
Standards
i.
The minimum Gross Leasable Area for each commercial Use in the Shopping
Centre shall be 205 m2.
160
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
This page left intentionally blank
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
161
Section 18 - Business Park (M1) Zone
Business Park (M1) Zone
The Business Park (M1) Zone is intended to implement the policies of the Industrial
designation in the Official Plan. This Zone generally permits a wide range of light industrial
Uses. Light industrial Uses are Uses where a product is produced, manufactured, assembled
or stored, and that have a low probability of fugitive emissions (e.g. noise, odour, dust and
vibration). Such industries operate primarily in the daytime with infrequent movement of
products and minimal outside storage. Examples include: manufacturing and food
processing. Other commercial and servicing Uses that are intended to serve the immediate
area are permitted in this Zone.
No person shall within any M1 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
18.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
Only those Uses which are able to comply with The Health Protection and Promotion Act
1982 and are not likely to be obnoxious and dangerous by reason of fire, explosion, noise,
smoke, or odour. Subject to this qualification, the following non-residential Uses are
permitted:
-
Accessory Retail Store
-
Animal Hospital
-
Assembly Hall
-
Automobile Gas Bar
-
Building Supply Outlet
-
Cannabis Production and Processing
Facility
-
Commercial School
-
Communication Facility
-
Convenience Store
-
Custom Workshop
-
Dry Cleaning Plant
-
Financial Institution
-
Food Production Facility
-
Full-Service Restaurant
162
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Hotel
-
Industrial Mall
-
Industrial or business service
-
Kennel
-
Laundromat
-
Manufacturing, excluding abattoirs,
rendering plants, slaughter houses and
similar operations
-
Office
-
Parking Lot
-
Personal Service Shop
-
Place of Entertainment
-
Place of Recreation
-
Printing Shop
-
Recreational Vehicle Sales
-
Repair Service Shop
-
Retail Propane Transfer Facility
-
Retail Store
-
Retail Food Store
-
Sample and Showroom
-
Self-Storage Facility
-
Take-Out Restaurant
-
Taxi Station
-
Warehouse
-
Wholesale Outlet
-
Other Uses in accordance with Section
4
18.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 18-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
3 m except where the Yard abuts a Residential Zone,
the minimum shall be 6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
163
Section 18 - Business Park (M1) Zone
Provision
Requirement
g. Maximum Building Height
22 m
h. Minimum Landscaped Open
Space
30%
which shall include a solid fence a minimum of 1.5 m
in height constructed of wood, metal or equivalent
material along any Lot Line that abuts a Lot in a
Residential, Open Space or Institutional Zone
i. Maximum Floor Space Index
1.5
j. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Additional Provisions
1. Compatibility Between Industrial Facilities
All development (Class I, II, III) shall comply with the minimum separation distances required
by the D-6 Compatibility between Industrial Facilities, as amended from time to time.
2. Automobile Gas Bar
In accordance with the provisions of the Highway Commercial (C3) Zone.
3. Retail Propane Transfer Facility
In accordance with the provisions of the Highway Commercial (C3) Zone or the licensing
provisions of The Energy Act, whichever is the more restrictive.
4. Accessory Retail Uses
The maximum gross floor area for Accessory retail Uses shall be 30% of the total gross floor
area of the Building.
164
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
5. Accessory Dwelling
An Accessory Dwelling shall be located on the Lot so that there is a Private Amenity Area
abutting each exterior wall which is measured as though the Dwelling is located on a
separate Lot in accordance with the Zone provisions for the Residential Type 1 (R1) Zone.
6. Open Storage Area
No Open Storage Area shall be permitted. Garbage shall be stored within metal containers in
a fenced area(s) designed expressly for that purpose.
7. Site Plan Control
For all development, the Site Plan Control Agreement may serve to reduce the minimum
number of Loading Spaces and Parking Spaces required by Section 4.
8. Retail Store
A Retail Store shall be permitted provided the Lot on which the Retail Store is located has
frontage on Lombard Street.
18.3 Exception Zones
Reserved for future Use.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
165
Section 19 - Light Industrial (M2) Zone
Light Industrial (M2) Zone
The Light Industrial (M2) Zone is intended to implement the employment policies of the
Industrial designation in the Official Plan. This Zone generally permits a wide range of light
industrial Uses.
No person shall within any M2 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
19.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
Only those Uses which are able to comply with the Health Protection and Promotion Act and
are not likely to be obnoxious or dangerous by reason of fire, explosion, noise, smoke, or
odor. Subject to this qualification, the following non-residential Uses are permitted:
-
Accessory Retail Store
-
Animal Hospital
-
Assembly Hall
-
Automobile Body Shop
-
Automobile Care
-
Automobile Gas Bar
-
Automobile Sales
-
Automobile Service Station
-
Automobile Washing Establishment
-
Building Supply Outlet
-
Cannabis Production and Processing
Facility
-
Commercial School
-
Communication Facility
-
Consumer Outlet
Propane/Compressed Natural Gas
Transfer Facility
-
Convenience Store
-
Custom Workshop
-
Dry Cleaning Plant
-
Financial Institution
-
Food Production Facility
-
Full-Service Restaurant
-
Funeral Home
166
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Gas Cylinder Handling Facility
-
Industrial Mall
-
Industrial or Business Service
-
Kennel
-
Laundromat
-
Manufacturing, excluding abattoirs,
rendering plants, slaughter houses and
similar operations
-
Office
-
Open Storage Area
-
Parking Lot
-
Personal Service Shop
-
Place of Entertainment
-
Place of Recreation
-
Printing Shop
-
Recreational Vehicle Sales
-
Repair Service Shop
-
Retail Propane Transfer Facility
-
Sample and Showroom
-
Self-Storage Facility
-
Small-Scale Brewery
-
Small-Scale Distillery
-
Take-Out Restaurant
-
Taxi Station
-
Warehouse
-
Wholesale Outlet
-
Other Uses in accordance with Section
4
19.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 19-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
3 m except where the Yard abuts a Residential Zone,
the minimum shall be 8 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
167
Section 19 - Light Industrial (M2) Zone
Provision
Requirement
g. Maximum Building Height
22 m
h. Minimum Landscaped Open
Space
20%
which shall include a solid fence a minimum of 1.5 m
in height constructed of wood, metal or equivalent
material along any Lot Line that abuts a Lot in a
Residential, Open Space or Institutional Zone
i. Maximum Floor Space Index
1.5
j. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Additional Provisions
1. Compatibility Between Industrial Facilities
All development (Class I, II, III) shall comply with the minimum separation distances required
by the D-6 Compatibility between Industrial Facilities, as amended from time to time.
2. Gatehouse
A gatehouse shall be permitted within any required Yard.
3. Automobile Gas Bar
In accordance with the provisions of the Corridor Commercial (CC) Zone.
4. Retail Propane Transfer Facility
In accordance with the provisions of the Corridor Commercial (CC) Zone or the licensing
provisions of The Energy Act, whichever is the more restrictive.
5. Accessory Retail Uses
The maximum gross floor area for Accessory retail Uses shall be 30%.
168
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
6. Accessory Dwelling
An Accessory Dwelling shall be located on the Lot so that there is a Private Amenity Area
abutting each exterior wall which is measured as though the Dwelling is located on a
separate Lot in accordance with the Zone provisions for the Residential Type 1 (R1) Zone.
7. Open Storage Area
a.
The Open Storage Area of goods shall be permitted only to the rear of the main
Building provided that such Open Storage Area:
i. is Accessory to the Use of the main Building;
ii. complies with the Yard and setback requirements of this by-law;
iii. does not cover more than 40% of the Lot Area; and
iv. any portion of the area used for Open Storage Area is enclosed by a fence or
landscaping which may include the required fence pursuant to Section 19.2.1(h).
b.
Garbage shall be stored within metal containers in a fenced area(s) designed
expressly for that purpose.
8. Site Plan Control
For all development, the Site Plan Control Agreement may serve to reduce the minimum
number of Loading Spaces and Parking Spaces required by Section 4.28, respectively.
19.3 Exception Zones
M2-1
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
19.3.1
M2-1
N/A
Property Location: N/A
Standards
i.
Development may take place on private wells and septic systems subject to the
approval of the Health Unit and/or Ministry of the Environment and Energy.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
169
Section 19 - Light Industrial (M2) Zone
M2-2h
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
19.3.2
M2-2h
N/A
Property Location: 42 James Street
Standards
i.
The holding provision is lifted insofar as to permit all of the permitted Uses
listed on the M2-3h zone at 42 James Street except the following Uses: Assembly
Hall, Commercial School, Place of Entertainment, Place of Recreation, Full-
Service Restaurant, Retail Store, Take Out Restaurant.
ii.
The holding provision is further lifted insofar as to permit the Uses listed in (i)
above, provided that the maximum Gross Leasable Floor Area for each such
permitted Use does not exceed 500 m² and provided that the total Gross
Leasable Floor Area all such permitted Uses does not exceed 2,000 m².
M2-3
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
19.3.3
M2-3
N/A
Property Location: 110-112 Lorne Street
Standards
i.
Notwithstanding the permitted use provisions of Section 19.1, on the lands zoned
M2-4, existing residential uses are permitted as a principal use on existing lots until
such time as a permitted non-residential use is established, at which time any
residential use on a lot shall conform to the Accessory Dwelling provisions of
Section 19.2.2.6.
170
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
M2-4
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
19.3.4
M2-4
N/A
Property Location: 46-52 Abbott Street
Standards
i.
The following additional Uses are permitted: Medical Clinic, Office Use.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
171
Section 20 - General Industrial (M3) Zone
General Industrial (M3) Zone
The General Industrial (M3) Zone is intended to implement the employment policies of the
Industrial designation in the Official Plan. This Zone generally permits a wide range of light to
heavy industrial Uses. Heavy industrial Uses are characterized as having regular emissions
such as noise, smoke, odour, fumes and/or vibrations. Such industries may operate
continuously with frequent movement of products and extensive outside storage. Examples
include: manufacturing and food processing. Special attention shall be given to the buffering
of such industries from other Uses, and to the accommodation of industrial traffic flows.
No person shall within any M3 Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
20.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
Only those Uses which are able to comply with The Health Protection and Promotion Act
1982 and are not likely to be obnoxious or dangerous by reason of fire, explosion, noise,
smoke or odor. Subject to this qualification, the following non-residential Uses are
permitted:
-
Accessory Retail Store
-
Animal Hospital
-
Assembly Hall
-
Automobile Body Shop
-
Automobile Care
-
Automobile Gas Bar
-
Automobile Sales
-
Automobile Service Station
-
Automobile Washing Establishment
-
Building Supply Outlet
-
Bulk Propane Storage Depot
-
Cannabis Production and
Processing Facility
-
Commercial School
-
Communication Facility
172
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
-
Consumer Outlet
Propane/Compressed Natural Gas
Transfer Facility
-
Convenience Store
-
Custom Workshop
-
Dry Cleaning Plant
-
Financial Institution
-
Food Production Facility
-
Full-Service Restaurant
-
Funeral Home
-
Gas Cylinder Handling Facility
-
Industrial Mall
-
Industrial or Business Service
-
Kennel
-
Laundromat
-
Manufacturing
-
Office
-
Open Storage Area
-
Parking Lot
-
Personal Service Shop
-
Place of Entertainment
-
Place of Recreation
-
Printing Shop
-
Recreational Vehicle Sales
-
Repair Service Shop
-
Retail Propane Transfer Facility
-
Salvage Yard
-
Sample and Showroom
-
Self-Storage Facility
-
Small-Scale Brewery
-
Small-Scale Distillery
-
Take-Out Restaurant
-
Taxi Station
-
Transportation Terminal
-
Warehouse
-
Wholesale Outlet
-
Other Uses in accordance with
Section 4
20.2 Zone Provisions
Lot and Building Requirements for Permitted Non-Residential Uses
Table 20-1: Lot and Building Requirements for Permitted Non-Residential Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
173
Section 20 - General Industrial (M3) Zone
Provision
Requirement
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
3 m except where the Yard abuts a Residential
Zone, the minimum shall be 8 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
g. Maximum Building Height
22 m
h. Minimum Landscaped Open Space
10%
i. Maximum Floor Space Index
1.5
j. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Additional Provisions
1. Compatibility Between Industrial Facilities
All development (Class I, II, III) shall comply with the minimum separation distances required
by the D-6 Compatibility between Industrial Facilities, as amended from time to time.
2. Gatehouse
A gatehouse shall be permitted within any required Yard.
3. Automobile Service Station and Gas Bar
In accordance with the provisions of the Corridor Commercial (CC) Zone.
4. Retail Propane Transfer Facility
In accordance with the provisions of the Corridor Commercial (CC) Zone or the licensing
provisions of The Energy Act, whichever is the more restrictive.
5. Accessory Retail Uses
The maximum gross floor area for Accessory Retail Uses shall be 30%.
174
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
6. Accessory Single-Detached Dwelling
An Accessory Single-Detached Dwelling shall be located on the Lot so that there is a Private
Amenity Area abutting each exterior wall which is measured as though the Dwelling is
located on a separate Lot, in accordance with the Zone provisions for the Residential Type 1
(R1) Zone.
7. Open Storage Area
a.
The Open Storage Area of goods shall be permitted only to the rear of the main
Building provided that such Open Storage Area:
i. is Accessory to the Use of the main Building;
ii. complies with the Yard and setback requirements of this By-law;
iii. does not cover more than 40% of the Lot Area; and
iv. any portion of the area used for Open Storage Area is enclosed by a fence or
landscaping which may include the required fence pursuant to Section 20.2.1(h).
b.
Garbage shall be stored within metal containers in a fenced area (s) designed
expressly for that purpose.
8. Site Plan Control
For all development, the Site Plan Control Agreement may serve to reduce the minimum
number of Loading Spaces and Parking Spaces required by Section 4.28.
20.3 Exception Zones
Reserved for future use.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
175
Section 21 - Open Space (OS) Zone
Open Space (OS) Zone
The Open Space (OS) Zone is intended to implement the policies of the Open Space
designation in the Official Plan. This Zone generally permits passive and active recreational
Uses, including recreational and community-serving developments, conservation Uses, and
Public and Private Parks, as well as some Accessory commercial Uses.
No person within any OS Zone shall Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
21.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
-
Accessory Full-Service Restaurant
-
Accessory Take-Out Restaurant,
including a food truck, food stand
-
Assembly Hall
-
Community Centre
-
Conservation
-
Golf Course
-
Marina
-
Private Park
-
Public Park
-
Other Uses in accordance with Section
4
21.2 Zone Provisions
Lot and Building Requirements for Permitted Uses
Table 21-1: Lot and Building Requirements for Permitted Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
6 m
176
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
d. Minimum Interior Side Yard
6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
g. Maximum Building Height
15 m
h. Minimum Landscaped Open Space
30%
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
21.3 Exception Zones
Reserved for future Use.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
177
Section 22 - Institutional (I) Zone
Institutional (I) Zone
The Institutional (I) Zone is intended to implement the policies of the Major Institutional
designation in the Official Plan. This Zone generally permits a wide range of institutional
Uses such as major health care, government Uses, education, cultural, and community and
recreational Uses. Supportive Accessory commercial Uses are also permitted in this Zone.
No person shall within any I Zone Use any Lot or Erect, Alter or Use any Building or Structure
unless serviced by municipal water supply and sanitary sewers and except in accordance
with the following provisions.
22.1 Permitted Uses
Residential Uses
-
None
Non-Residential Uses
-
Accessory Office, Full-Service
Restaurant, Personal Service Shop and
Retail Store
-
Assembly Hall
-
Community Centre
-
Home for the Aged
-
Hospital
-
Institution
-
Medical Clinic
-
Museum
-
Nursing Home
-
Place of Worship
-
Public Use
-
Religious Institution
-
School
-
Other Uses in accordance with Section
4
178
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
22.2 Zone Provisions
Lot and Building Requirements for Permitted Uses
Table 22-1: Lot and Building Requirements for Permitted Uses
Provision
Requirement
a. Minimum Lot Area
None
b. Minimum Lot Frontage
None
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
g. Maximum Building Height
22 m
h. Minimum Landscaped Open Space
10%
i. Accessory Uses, Parking, Etc.
In accordance with Section 4
22.3 Exception Zones
I-1h
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
I-1(h)
I-1(h)
10066-2019
Property Location: Pearl Street
Standards
On the lands zoned I-1h adjacent to Pearl Street, the holding zone shall only be lifted upon
completion of the following:
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
179
Section 22 - Institutional (I) Zone
Zoning By-law Section
Exception No. / Zoning
Map Reference
By-law No.
I-1(h)
I-1(h)
10066-2019
a.
Permanent legal access to the I-1 zoned lands is obtained via closure and
acquisition or development of one of the existing undeveloped public road
allowances; and,
b.
Execution of a Site Plan Control Agreement that implements the appropriate
engineering, design and environmental work, to the satisfaction of the Town of
Smiths Falls, to accommodate the development on the site.
180
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
181
Section 23 - Future Development (FD) Zone
Future Development (FD) Zone
No person shall within any FD Zone Use any Lot or Erect, Alter or Use any Building or
Structure unless serviced by municipal water supply and sanitary sewers and except in
accordance with the following provisions.
23.1 Permitted Uses
-
Existing Uses
-
Other Uses in accordance with Section 4
23.2 Zone Provisions
Lot and Building Requirements for Permitted Uses
Table 23-1: Lot and Building Requirements for Permitted Uses
Provision
Requirement
a. Minimum Lot Area
Existing
b. Minimum Lot Frontage
Existing
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
6 m
e. Minimum Exterior Side Yard
3.5 m
f. Minimum Rear Yard
8 m
g. Maximum Building Height
11 m
h. Minimum Landscaped Open Space
10%
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
23.3 Exception Zones
Reserved for future Use.
182
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
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Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
183
Section 24 - Wetland (W) Zone
Wetland (W) Zone
The Wetland (W) Zone is intended to implement the policies of the Wetland designation in
the Official Plan. This Zone is established to be consistent with the limits of Provincially
Significant Wetlands as classified by the Ministry of Natural Resources and Forestry.
No person shall within any W Zone Use any Lot or Erect, Alter or Use any Building or
Structure except in accordance with the following provisions.
24.1 Permitted Uses
Non-Residential Uses
-
Conservation
-
Existing Uses
Residential Uses
-
Existing Uses
24.2 Zone Provisions
Lot and Building Requirements for Permitted Uses
Table 24-1: Lot and Building Requirements for Permitted Uses
Provision
Requirement
a. Minimum Lot Area
Existing
b. Minimum Lot Frontage
Existing
c. Minimum Front Yard
6 m
d. Minimum Interior Side Yard
3 m
e. Minimum Exterior Side Yard
6 m
f. Minimum Rear Yard
6 m
g. Maximum Building Height
11 m
h. Minimum Landscaped Open Space
10%
184
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Town of Smiths Falls Comprehensive Zoning By-Law
Provision
Requirement
i. Accessory Uses, Parking, Etc.
In accordance with Section 4.
Additional Provisions
1. No Building or Structure shall be Erected or enlarged and no change of Use shall be
permitted. Where any land is located within 120 m of the boundary of the Wetland (W)
Zone as shown on the Schedules by the suffix "(W)" (e.g. R4 (W)), the provisions of the
Zone in which the land is located shall apply, except that no building or structure
including septic systems shall be erected or enlarged, and no change in the use of the
land shall be permitted other than in accordance with an Environmental Impact Study as
approved by the Municipality and the Ministry of Northern Development, Mines, Natural
Resources and Forestry and/or the Conservation Authority.
2. The need for an Environmental Impact Study will be determined by the local
Conservation Authority.
24.3 Exception Zones
Reserved for future Use.
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
185
Section 25 - Schedules
Schedules
Town of Smiths Falls Comprehensive Zoning By-law
Council Adopted: August 22, 2022
Section 26 - Approval
Approval
This By-law shall become effective on the date of passing hereof, subject to the approval of
the Ontario Land Tribunal or following the last date for filing objections, as the case may be.
READ A FIRST AND SECOND TIME THIS 22ND DAY OF AUGUST, 2022.
READ A THIRD TIME AND FINALLY PASSSED THIS 22ND DAY OF AUGUST, 2022.