South River, Ontario
· No. 17-95
· adopted 1995-08-28
· summary & facts
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ZONING BY-LAW
VILLAGE OF SOUTH RIVER
PN:
DRAFTED:
REVISED:
REVISED:
ENACTED:
0693
28 October 1994
10 May 1995
15 July 1995
28 August 1995
THE PLANTARIO GROUP LTD.
EAST YORK, ONTARIO
TABLE OF CONTENTS
REVISED: 10 May 1995
SECTION
1
2
3
INTRODUCTION
(1)
Title of By-law
(2)
Scope of By-law
(3)
Interpretation of By-law
(4)
Schedule to By-law
DEFINITIONS
GENERAL PROVISIONS
(1)
Accessory Uses
( 2)
Access Regulations
(3)
Construction Uses
( 4)
Dwelling Units
(5)
Flood Plain Regulations
( 6)
Gravel Pits and Stone Quarries
(7)
Group Home
(8)
Height Exceptions
( 9)
Home Industries and
Rural Home Occupations
( 10) Home Occupations and Home Professions
( 11) Illumination
(12) Lanes as Yards
(13) Lots Containing More Than one Use
(14) Lots Divided Into More Than One zone
(15) Non-complying Buildings,
structures and Lots
(16) Non-conforming Buildings and structures
(17) Obnoxious Uses
(18) Occupancy of Partially Completed
Dwelling Houses
(19) Parking Area Regulations
( 20) Planting Strips
( 21) Public Uses
(22) Railway Setbacks
( 2 3) Satellite Dishes
(24) Sight Triangles
( 25) Signs
( 2 6) Storage of Special Vehicles
( 2 7) Street Setbacks
( 2 8) Swimming Pools
( 2 9) Water Setbacks
i
PAGE
1
1
2
3
4
26
26
26
27
27
28
28
28
29
30
31
31
31
31
32
33
34
34
34
36
36
37
37
38
38
39
39
40
40
SECTION
4
5
6
7
8
9
10
11
TABLE OF CONTENTS (Cont'd)
ZONES
(1)
Zone Classification
(2)
Zone Symbols
(3)
Zone Boundaries
(4)
Permitted Uses and Zone Provisions
(5)
Special Zones
FIRST DENSITY RESIDENTIAL (Rl) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
SECOND DENSITY RESIDENTIAL (R2) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
THIRD DENSITY RESIDENTIAL (R3) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
RURAL RESIDENTIAL (R4) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
INSTITUTIONAL (I) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
DOWNTOWN COMMERCIAL (Cl) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
HIGHWAY COMMERCIAL (C2) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
(3)
Uses Permitted in C2-1 Zone
(4)
Zone Provisions in C2-1 Zone
ii
PAGE
41
41
42
43
43
44
44
46
46
48
48
51
51
53
53
55
55
57
57
59
60
TABLE OF CONTENTS (Cont'd)
REVISED: 10 May 1995
SECTION
12
13
14
15
16
15
GENERAL INDUSTRIAL (Ml) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
(3)
Uses Permitted in Ml-1 Zones
(4)
Special Provisions for Ml-1 Zones
OPEN SPACE (OS) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
ENVIRONMENTAL PROTECTION (EP) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
RURAL (RU) ZONE
(1)
Uses Permitted
(2)
Zone Provisions
ADMINISTRATION
(1)
(2)
(3)
(4)
(5)
(6)
( 7)
Zoning Administrator
Issuance of Permits and Licenses
Requests for Amendments
- Inspections
:- Violations and Penal ties
Remedies
Validity
REPEALS AND APPROVALS
iii
PAGE
62
62
64
65
68
68
70
70
71
71
74
74
74
74
74
76
76
77
THE CORPORATION OF THE VILLAGE OF SOUTH RIVER
BY-LAW NO. \7.~~~ ..
A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION
AND USE OF BUILDINGS AND STRUCTURES IN THE VILLAGE OF SOUTH RIVER
WHEREAS the Planning Act provides that the council of a municipal
corporation may pass by-laws to regulate the use of lands and the
character, location and use of buildings and structures;
NOW THEREFORE the Council of the Corporation of the Village of
South River ENACTS as follows:
SECTION 1
INTRODUCTION
(1)
TITLE OF BY-LAW
This By-law may be cited as the "Zoning By-law".
(2)
SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW:
The provisions of this By-law shall apply to all lands
within the corporate limits of the Village of South
River.
(b)
CONFORMITY WITH BY-LAW:
No building or structure shall hereafter be erected,
altered or located, nor shall the use of any building,
struc~ure or lot hereafter be changed, in whole or in
part, except in conformity with the provisions of this
By-law.
(c)
EXISTING USE CONTINUED:
Nothing in this By-law shall prevent the use of any lot,
building or structure for any purpose prohibited by this
By-law if such lot, building or structure was lawfully
used for such purpose on the date of passing of this By-
law, so long as it continues to be used for that purpose.
(d)
BUILDING PERMIT ISSUED:
Nothing in this By-law shall prevent the erection or use
of any building or structure for a purpose prohibited by
this By-law if a permit for such building or structure
1
SECTION 1(2) (d)
INTRODUCTION
was issued by the Chief Building Official prior to the
date of passing of this By-law provided:
(i)
when the building or structure is erected, it shall
be used and shall continue to be used for the
purpose for which the building permit was issued;
( ii)
the erection of such building or structure is
commenced within six months of the date of passing
this By-law. and provided -the erection of such
building or structure is completed within eighteen
months after the erection thereof is commenced; and
(iii)
such permit has not been revoked by the Chief
Building Official.
(e)
COMPLIANCE WITH OTHER RESTRICTIONS:
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.
(3)
INTERPRETATION OF BY-LAW
(a)
SINGULAR ANP PLURAL WORDS:
In this By-law, unless the context requires otherwise,
words used in the singular number include the plural and
words used in the plural include the singular number.
(b)
SHALL JS _MANDATORY:
..
In this By-law, the word "shall" is mandatory.
(C)
USED AND OCCUPIED:
In this By-law, unless the context requires otherwise,
the word "used" shall include "designed to be used" and
"arranged to be used" and the word "occupied" shall
include "designed to be occupied" and "arranged to be
occupied".
2
SECTION 1(3) (d)
INTRODUCTION
(d)
BUILDING, STRUCTURE AND USE CLASSIFICATION:
In this By-law, all buildings, structures and uses named
as permitted uses and classified under the headings
"RESIDENTIAL USES" or "NON-RESIDENTIAL USES"
may be
referred to as Residential or Non-Residential buildings,
structures, or uses respectively.
(4)
SCHEDULE TO BY-LAW
Schedule A, which is attached hereto, is hereby made a part of
this By-law as fully and to all intents and purposes as though
recited in full herein.
;.
3
SECTION 2
DEFINITIONS
In this By-law,
unless the context requires otherwise,
the
following definitions shall apply:
(l)
ALTER, when used in reference to a building, structure or
part thereof, means:
to change any one or more of the external dimensions of such
building or structure; or
to change the-type of construction-of the exterior walls or
roof of such building or structure; or
to change the use of such building or structure; or
to change the number of uses or dwelling units contained
therein.
"Alter", when used in reference to a lot, means:
to change the boundary of such lot with respect to a street
or lane; or
to change any dimension or area relating to such lot which is
covered herein by a zone provision;
to change the use of such lot; or
to change the number of uses located thereon.
"Altered" and "alteration" shall have corresponding meanings.
,
(2)
AUDITORIUM,·· means a building, structure or part thereof where
facilities are provided for athletic, civic, educational,
political, religious or social events.
This definition may
include an assembly hall,
community centre,
gymnasium,
stadium, theatre or similar use and for the consumption of
food and drink, but not for any commercial purposes.
(3)
AUTOMOTIVE STORE, means an establishment primarily engaged in
the retail sale of vehicle parts, accessories and tools.
Accessory uses may include service bays for performing repair
or maintenance work on motor vehicles.
(3)
BALCONY, means a partially enclosed platform attached to or
extending horizontally from one or more main walls of a
building and used as an outdoor porch or sundeck.
4
SECTION 2(4)
DEFINITIONS
(4)
BODY SHOP, means a building or premises used for the painting
or
repair
of
motor
vehicle
bodies,
exteriors
or
undercarriages.
Accessory uses may include a towing service
and the rental of motor vehicles to customers who motor
vehicles are being repaired.
This definition shall not
include a salvage yard as defined herein.
(5)
BUILDING, means any structure, consisting of walls and a
roof, which is used for shelter, accommodation or enclosure
of persons,·animals; equipment, goods or.materials.
(a) ACCESSORY BUILDING, means a detached building which is
incidental, subordinate and exclusively devoted to a main
building or main use and located on the same lot
therewith.
(b) MAIN BUILDING, means the building which contains the
principal use of the lot on which such building is
located.
(6)
BUILDING AREA, means that portion of the lot area of a lot
permitted to be covered by one or more building envelopes.
(7)
BUILDING BY-LAW, means any by-law of the Corporation passed
pursuant to the Building Code Act.
(8)
BUILDING ENVELOPE,
means the total horizontal area of a
building calculated by perpendicular projection onto a
horizonta~plane.
This definition shall not include:
sills, belt courses, chimneys, cornices, eaves, gutters,
parapets, pilasters or similar ornamental structures unless
such structure projects more than 0.75 metres horizontally
from an exterior wall of the building; or
unenclosed porches, balconies or steps unless such structure
projects more than 2.0 metres horizontally from an exterior
wall of the building.
(9)
BUILDING HEIGHT, means the vertical distance between the
finished grade of the lot on which the building is situated
and the highest point of the building proper.
5
SECTION 2 (10)
DEFINITIONS
(10)
BUILDING PERMIT, means a permit required by the Building By-
law.
( 11)
BUILDING SEPARATION,
means the least horizontal distance
permitted between the nearest portions of any building
envelopes on a lot.
(12)
BUILDING
SETBACK,
means
the least horizontal distance
permit'.:od.between a lot line of a lot and the nearest portion
of any building envelope or excavation on such lot.
(a) FRONT BUILDING SETBACK, means the building setback on a
lot measured from each front lot line of such lot.
(b) FLANK BUILDING SETBACK, means the building setback on a
lot measured from each flank lot line of such lot.
(c) REAR BUILDING SETBACK, means the building setback on a
lot measured from each rear lot line of such lot.
(d) SIDE BUILDING SETBACK, means the building setback on a
lot measured from each side lot line of such lot.
(13)
BUILDING SUPPLY OUTLET, means an establishment engaged in the
selling or installing of building supplies including lumber,
millwork, siding, roofing, plumbing, electrical, heating, air
conditioning and similar items.
This definition shall not
include
any
establishment
otherwise
defined herein or
specifically named elsewhere in this By-law.
,
(14)
BUSINESS OFFICE, means a building or part of a building where
one or more persons are employed in administering, directing,
managing or conducting the affairs of a private enterprise.
This definition shall not include any manufacturing operation
or
any
premises
used for repairing
equipment,
goods,
materials or vehicles.
( 15)
CARPORT,
means a roofed structure, supported by columns,
piers, or not more than two walls, which is used for the
sheltering of permitted vehicles.
6
SECTION 2(16)
DEFINITIONS
(16)
CAR
WASH,
means an establishment having facilities for
washing motor vehicles by production line methods which may
include a conveyor system or similar mechanical devices.
This definition may also include a self-service operation.
( 17)
CHIEF BUILDING OFFICIAL, means the employee appointed by
Council for the purpose of enforcing the Building By-law.
(18)
CLINIC, means a building or part of a building used solely by
medical doctors, dentists and/or drugless practitioners, as
well as by their staff and their patients, for the purposes
of consultation, diagnosis and office treatment.
This
definition shall not include a hospital or home profession.
(19)
CLUB, means a building or premises used as an athletic,
recreational, service or social club.
This definition may
include the premises of a fraternal organization.
(20)
CONVENIENCE
STORE,
means
an establishment where
food,
tobacco, drugs, periodicals or similar items of household
necessity are kept for retail sale.
(21)
CORPORATION, means the Corporation of the Village of South
River.
(22)
COUNCIL, means the Council of the Corporation of the Village
of South River.
(23)
DAY CARE CENTRE, means a day nursery within the meaning of
the pay Nurseries Act.
( 2 4)
DEPARTMENT
STORE,
means
a
building
wherein
various
commodities are kept for retail sale in separate parts of
such buildings.
( 2 5)
DETACHED,
when used in reference to a building, means a
building which is not dependent on any other building for
structural support or enclosure.
7
SECTION 2(26)
DEFINITIONS
(26)
DINING ROOM,
means that part of a restaurant, or other
building, which is used for the consumption of food by
persons seated at booths, counters, tables or a combination
thereof.
(27)
DRIVEWAY, means an unobstructed passageway used to provide
vehicular access to a lot from a street or lane.
(28)
DWELLING HOUSE, means a detached building occupied or capable
of being occupied as the home or residence of one or more
persons.
This definition shall not include any part of any
vehicle as defined herein.
(a) ACCESSORY
DWELLING
HOUSE,
means
a
single detached
dwelling house which is accessory to a permitted Non-
Residential use and is occupied either by the owner of
such Non-Residential use or by a person employed on the
lot where such dwelling house is located.
(b) APARTMENT BUILDING, means a dwelling house containing
three or more separate dwelling units.
This definition
shall not include any dwelling house otherwise defined
herein or specifically named elsewhere in this By-law.
(c) BOARDING HOUSE, means a dwelling house, erected prior to
the date of passing of this By-law, which contains not
more than ten guest rooms wherein, for gain or profit,
lodgings, with or without meals, are provided to the
public.
(d) CONVERTED_DWELLING HOUSE, means a dwelling house, erected
prior to the date of passing of this By-law, the interior
of which has been altered so as to provide therein not
more than two dwelling units.
(e) DUPLEX ,DWELLING HOUSE, means the whole of a dwelling
house divided horizontally into two separate dwelling
uni ts, each such dwelling unit having an independent
entrance either directly from outside the building or
through a common vestibule.
(f) GARDEN
SUITE,
means a
one-unit detached residential
structure containing bathroom and kitchen facilities that
is ancillary to an existing residential structure and
that is designed to be portable.
8
SECTION 2(28) (g)
DEFINITIONS
(g) GROUP HOME,
means the use of a dwelling house for a
residential care facility, licenced, or approved by the
appropriate Provincial agency, accommodating up to ten
persons, excluding resident staff, who, by reason of
their emotional, mental, social or physical condition,
require specialized residential care in a group living
arrangement.
(h) MOBILE HOME, means a prefabricated building, designed to
bee-transported om,its own chassis (notwithstanding that
its running gear is or may be removed) , or by other
means,
and
designed
and
equipped
for
year-round
occupancy.
This definition shall not include any tourist
vehicle nor any trailer which has a gross floor area of
less than 30.0 square metres.
(i) SEMI-DETACHED
DWELLING
HOUSE,
means the whole of a
dwelling house divided vertically by a common wall above
finished grade into two separate dwelling units, each
such dwelling unit having an independent entrance either
directly from outside the building or through a common
vestibule.
(j) SENIOR CITIZENS APARTMENT, means an apartment building
operated by or for the Corporation or the Ontario Housing
Corporation and occupied by elderly persons.
(k) SINGLE DETACHED DWELLING HOUSE, means a dwelling house
containing only one dwelling unit.
(1) TOWNHOUSE, means the whole of a dwelling house divided
vertically into three or more separate dwelling units,
each such dwelling unit having two independent entrances
directly from outside the building.
(29)
DWELLING UNIT, means a suite of two or more habitable rooms
occupied by not more than one household unit, in which
sanitary conveniences are provided and in which facilities
are provided for cooking or for the installation of cooking
equipment, and with an independent entrance either directly
from outside the building or through a common corridor or
vestibule inside the building.
This definition shall not
include any part of any vehicle as defined herein.
9
SECTION 2(29) (a)
DEFINITIONS
(a) ACCESSORY DWELLING UNIT, means a dwelling unit which is
part of, and accessory to, a permitted Non-Residential
building other than a service station or a commercial
garage.
such dwelling unit shall be occupied either by
the owner of such Non-Residential building or by a person
employed on the premises where such dwelling unit is
located, except in the Downtown Commercial (C1) Zone.
(b) BACHELOR DWELLING UNIT, means a dwelling unit, consisting
of one bathroom,and not more than two habitable rooms,
designed to provide living, dining, sleeping and kitchen
accommodation in appropriate individual or combination
room or rooms.
(30)
ENTRANCE, when used with reference to a lot, means the area
of intersection between a driveway and a street line.
(31)
ENTRANCE
SETBACK,
means
the least horizontal
distance
permitted between an intersection of street lines and the
nearest portion of any entrance, measured along the street
line.
(32)
ENTRANCE
WIDTH,
means the horizontal distance permitted
between the extremities of an entrance, measured along the
street line.
(33)
ERECT,
means to build, construct, place, reconstruct or
relocate ;:tnd_, without limiting the generality of the word,
also includes:·
any preliminary operation such as excavating, filling or
draining;
altering any existing building or structure by an addition,
enlargement, extension or other structural change; and
any work which requires a building permit.
"Erected" and "erection" shall have corresponding meanings.
(34)
EXISTING, means existing on the date of passing of this By-
law.
10
SECTION 2(35)
DEFINITIONS
( 35)
FACTORY OUTLET,
means a building or part of a building,
accessory to a permitted industrial use, where the products
manufactured by that industry are kept for wholesale or
retail sale.
(36)
FARM, means land used for the tillage of soil or the growing
of vegetables, fruits, grains, legumes, hays or other crops.
This definition may also apply to land used for beekeeping,
livestock and/or fish raising, dairying or woodlots.
(37)
FINANCIAL
OFFICE,
means the premises of a
bank, trust
company,
finance
company,
mortgage
company,
investment
company or credit union.
(38)
FINISHED
GRADE,
means the median elevation between
highest and lowest points of the finished surface of
ground (measured at the base of a building or structure),
exclusive of any embankment in lieu of steps.
the
the
but
(39)
FLOOR AREA, means the horizontal area of a storey, measured
between the exterior faces of the exterior walls at the floor
level of such storey.
(a) DWELLING UNIT AREA, means the aggregate of the floor
areas of all habitable rooms in a dwelling unit.
(b) GROSS FLOOR AREAt'means the aggregate of all floor areas
of a building and structure.
(c) NET FLOOR AREA, means that portion of the gross floor
area of a building which is used by a Non-Residential use
defined herein or specifically named elsewhere in this
By-law, but excluding:
(i)
any part of
Residential
specifically
such building used by another Non-
use
which
is
defined
herein
or
named elsewhere in this By-law;
(ii)
any part of such building used as a dwelling unit;
(iii)
any part of such building used for the parking or
storage of motor vehicles;
(iv)
any part of such building used for equipment to
heat such building or a portion thereof; and
11
SECTION 2(39) (c) (v)
REVISED: 10 May 1995
DEFINITIONS
(v)
the
thickness
of
any exterior walls
of
such
building.
(40)
FUEL POMP ISLAND, means a structure which is an accessory use
intended to provide fuel for vehicles.
(41)
FUEL PUMP ISLAND, PRIVATE, means a fuel pump island used to
dispense fuel solely to vehicles owned or leased by the
occupant of the lot where such fuel pump island is located.
This definition shall not include a service station or any
other facility for the sale of fuels.
(42)
FUNERAL
HOME,
means a building or premises used for the
furnishing of funeral supplies and services to the public and
may include facilities for the preparation of the dead human
body for interment or cremation.
(43)
GARAGE, COMMERCIAL, means an establishment or premises where
vehicles
owned by the general public are repaired or
maintained.
Accessory uses may include a towing service and
the rental of motor vehicles to customers who motor vehicles
are being repaired.
(44)
GARAGE, DUAL, means the whole of.a building that is divided
vertically along a
lot line into two separate private
garages.
.
'
(45)
GARAGE, MAINTENANCE, means an establishment or premises where
vehicles owned or leased by the occupant of such premises are
repaired .or maintained.
(46)
GARAGE, PRIVATE, means an accessory building or portion of a
dwelling house which is fully enclosed and used for the
sheltering of permitted vehicles.
This definition shall not
include a carport or other open shelter.
(47)
GOLF COURSE, means a private premises which is used for the
purpose of playing golf.
This definition may include a par-3
golf course but shall not include a driving range,
a
miniature golf course or any similar use.
12
SECTION 2(48)
DEFINITIONS
(48)
GRAVEL PIT, means any open excavation made for the removal of
any soil, earth, clay, marl, sand, gravel or unconsolidated
rock to supply such material for construction, industrial or
manufacturing purposes.
This definition shall not include:
(49)
( 50)
(51)
(52)
any excavation incidental to the erection of a building or
structure for which a building permit has been issued;
any excavation incidental to the construction of any public
works;
any asphalt plant, cement manufacturing plant or concrete
batching plant; and
any wayside pit as defined herein.
HABITABLE ROOM,
means a room designed to provide living,
dining, sleeping or kitchen accommodation for persons.
This
definition may include a bathroom, den, library or enclosed
sun room, but shall not include any private garage, carport,
porch, verandah, unfinished attic, unfinished basement or
unfinished cellar.
HIGH WATER MARK, means the mark made by the action of water
under natural conditions on the shore or bank of a body of
water,
which action has been so common and usual and
continued so long that it has created a difference between
the character of the vegetation or soil-on one side of the
mark and the character of the vegetation or soil on the other
side.
HOME INDUSTRY, means a use accessory to a permitted farm, or
lot existing at the time of passing of the By-law located in
the Rural (RU)
Zone which may include a carpentry shop, a
craft shop,
a
metal working shop,
a
plumbing shop,
an
electrical shop,
a welding shop,
a storage building for
school buses, boats or snowmobiles, or similar uses.
HOME OCCUPATION, means any occupation conducted for gain or
profit within a dwelling unit.
This definition may include
dressmaking;
hairdressing;
instruction in arts,
crafts,
dancing or music to not more than six pupils at any one
lesson; molding; painting; sculpting; weaving; or the making
13
SECTION 2(52)
DEFINITIONS
or repairing of garden or household ornaments, clothing,
personal effects or toys.
(53)
HOME OCCUPATION, RURAL, means any occupation conducted for
gain or profit as an accessory use on a permitted farm.
This
definition may include a retail outlet for farm supplies or
farm produce or a produce grading station.
(54)
HOME PROFESSION,
means any profession practised within a
dwelling unit.
This definition may include the offices of an
accountant,
architect,
auditor,
dentist,
drugless
practitioner,
engineer,
insurance agent,
land surveyor,
lawyer,
medical practitioner,
notary,
realtor,
or town
planner.
(55)
HOUSEHOLD
UNIT,
means one or more human beings living
together as a single housekeeping unit.
This definition may
also include domestic servants and not more than two roomers
or boarders.
This definition shall not include a group home.
(56)
LANDSCAPING AREA, means that portion of the lot area of a lot
required for the growth and maintenance of grass, flowers,
bushes, trees and other landscaping.
This definition may
include any surfaced walk, surfaced patio, play facility, or
similar area, but shall not include any driveway or ramp
(whether surfaced or not) or any curb, retaining wall,
parking area or any open space beneath or within a building
or struct~e,
(57)
LANE, means a public thoroughfare, whether or not improved
for use, which has a right-of-way width of 10. O metres or
less and which affords only a secondary means of access for
vehicular traffic to abutting lots and which is not intended
for general traffic circulation.
(58)
LOT, means a parcel of land which is capable of being legally
conveyed in accordance with the provisions of the Planning
A.Q.t..
(a) CORNER LOT, means a lot having four or fewer lot lines
and situated at the intersection of two street lines
which contain an angle of not more than 135 degrees.
14
SECTION 2 (58) (a)
DEFINITIONS
Where
such street lines are curved,
the angle of
intersection of the street lines shall be deemed to be
the angle formed by the intersection of the tangents to
the street lines, drawn through the extremities of the
side lot lines.
In the latter case, the corner of the
lot shall be deemed to be that point on the street line
nearest to the point of intersection of the said
tangents.
(b) EXISTING LOT,,;,, means a lot which, on the date of· passing
of this By-law, was capable of being legally conveyed in
accordance with the Planning Act.
(c) INTERIOR LOT, means a lot, other than a corner lot or a
through lot, which has street access, but has no water
access.
(d) MOBILE HOME LOT, means a lot used for the placement of a
mobile home in a mobile home park.
(e) PARTLY SERVICED LOT, means a lot which is served by a
public water system.
(f) STANDARD WATERFRONT LOT, means a lot which has water
access on one shoreline and has a lot area of less than
2.0 hectare.
(g) THROUGH LOT, means a lot, other than a corner lot, which
has street access on two or more street lines, but has no
water access.
(h) UNSERVICED LOT, means a lot which is not served by a
public--water system or a sanitary sewer system.
(59)
LOT AREA, means the total horizontal area within the lot
lines of a lot, excluding the horizontal area of any flood
plain located on such lot.
(60)
LOT FRONTAGE, means, in the case of a corner lot, an interior
lot or a through lot, the horizontal distance between the two
lot lines which intersect the front lot line of a lot, such
distance being 1T1easured along a line which is parallel to the
front lot line and distant from the front lot line a distance
equal to the minimum front building setback required herein
for the specified use in the zone where such lot is located.
15
SECTION 2(60)
DEFINITIONS
In the case of a standard waterfront lot, "lot frontage"
means the straight line horizontal distance between the two
most widely separated points on the front lot line.
(61)
LOT
LINE,
means any boundary of a lot or the vertical
projection thereof.
(a) FRONT LOT LINE, means, in the case of an interior lot,
the lot line dividing the lot from the street.
In the
case of a corner lot, the shorter lot line abutting a
street shall be deemed to be the front lot line except
where the lot lines abutting a street are the same
length, the lot line used for the principal entrance to
the lot shall be deemed to be the front lot line.
In the
case of a
through lot, the lot line used for the
principal entrance to the lot shall be deemed to be the
front lot line.
In the case of a standard waterfront
lot, the shoreline shall be deemed to be the front lot
line.
(b) FLANK LOT LINE, means any lot line other than a front lot
line which is also a street line.
(c) REAR LOT LINE, means any lot line which is not a front
lot line, a flank lot line or a side lot line.
(d) SIDE LOT LINE, means a lot line which intersects a front
lot line or a flank lot line provided that, if any side
lot line or portion thereof is the rear lot line of an
abutting lot, such lot line or portion thereof shall be
deemed to be a rear lot line.
(62)
MARINE FACILITY, means a building or structure which is used
to place a boat into, or take a boat out of, a waterbody; or
to moor, to berth or to store a boat.
This definition may
include a boat launching ramp, boat lift, dock or boathouse,
or any boat service, repair or sales facility.
( 63)
MOBILE HOME PARK, means land which has been provided and
designed for the location thereon of two or more occupied
mobile homes.
16
SECTION 2(64)
DEFINITIONS
(64)
NON-COMPLYING, when used in reference to a lot, building or
structure, means a lot, building or structure which does not
comply with one or more of the zone provisions of the zone in
which such lot, building or structure is located.
(65)
NON-CONFORMING, when used in reference to a use, building or
structure, means a use, building or structure which is not a
permitted use in the zone where such use, building or
structure is located .. ·
(66)
NOXIOUS USE, means a use which, by it nature or the materials
used or produced therein, is declared to be a noxious trade,
business or manufacturer.
(67)
OPEN STORAGE AREA, means land used for the outside storage of
equipment, goods or materials.
This definition shall not
include a storage use located in a building, a salvage yard,
a vehicle agency, a parking area, or a parking space.
(68)
PARR, means an area, consisting largely
may
include
a
recreational
area,
playfield or similar use, but shall not
park or tourist camp.
of open space, which
trails,
playground,
include a mobile home
(a) PUBLIC PARK,
means a park owned or operated by the
Corporation, any local board of the Corporation or any
Author,i ty, Board,
Commission or Ministry established
under ·any.. statute of Ontario or Canada.
(bl PRIVATE PARK, means a park other than a public park.
(69)
PARKING AREA, means an area or structure provided for the
parking of motor vehicles and includes any related driveways
and parking spaces, but shall not include any part of a
street or lane.
This definition may include a carport or
private garage.
(70)
PARKING LOT, means any area used for the parking of motor
vehicles other than a parking area, as defined herein, which
is accessory to a permitted use and located on the same lot
therewith.
17
SECTION 2(71)
DEFINITIONS
(71)
PARKING SPACE, means a portion of a parking area, exclusive
of any driveways, which may be used for the temporary parking
or storage of a motor vehicle.
(72)
PERMITTED, means permitted by this By-law.
(73)
PERMITTED USE, means a use which is permitted in the zone
where such use is located.
(74)
PERSON,
means
any
human
being,
association,
firm,
partnership, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom
the context can apply according to law.
(75)
PLACE OF WORSHIP, means a building owned or occupied by a
religious congregation or religious organization dedicated
exclusively to worship and other religious activities.
Accessory uses may include a hall, auditorium, Sunday school
or parish hall accessory to a place of worship.
(76)
PLANTING STRIP, means an area which shall be used for no
purpose other than planting a row of trees or a continuous
unpierced hedgerow of evergreens or shrubs, not less than 1.5
metres high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required herein.
The remainder of such planting strip shall be used for no
purpose otjier than planting trees, shrubs, flowers, grass or
similar vegetation.
(77)
PLANTING STRIP WIDTH, means the least horizontal dimension of
a planting, strip measured perpendicularly to the lot line
abutting such planting strip.
(78)
PLAY
FACILITY,
means a fenced or enclosed space, above
ground, which is designed for use by children.
(79)
PLAY FACILITY AREA, means that portion of the lot area of a
lot required to be used fee all play facilities on such lot.
18
SECTION 2(80)
DEFINITIONS
(80)
PROFESSIONAL OFFICE, means any building where professionally
qualified persons, technical assistants and clerical staff
are employed and where clients or patients go for advice,
consultation or treatment.
A business which is an accessory
to the above uses will be permitted.
(81)
PUBLIC USE,
means a building, structure or lot used for
public services by the Corporation, any local board of the
Corporation, any Authority, Board, Commiss.ion or Ministry
established under any statute of Ontario or Canada, any
telephone
or
telegraph
company,
any
public
utility
corporation or any railway company authorized under the
Railway Act, R.S.C. 1991.
(82)
RESTAURANT, means a building or part of a building where food
is offered for sale or sold to the public for immediate
consumption in the dining room of such building or for
consumption off the premises.
(83)
RESTAURANT, TAKE-OUT, means an establishment where food is
offered for sale or sold to the public solely for consumption
off the premises of the establishment.
(84)
RETAIL STORE, means a building or part of a building where
goods, wares, merchandise, substances, articles or things are
offered ·or kept for retail sale to the public.
This
definition shall not include any establishment otherwise
defined heretn, or specifically named elsewhere in this By-
law.
(85)
SALVAGE YARD, means an establishment or premises where bones,
bottles, hides, junk, rags, scrap metals, wrecked vehicles or
parts therefrom are stored wholly or partly in the open.
(86)
SCHOOL, means a school under the jurisdiction of a Board as
defined in the Education Act.
19
SECTION 2(87)
DEFINITIONS
(87)
SERVICE SHOP,
MERCHANDISE, means an establishment wherein
articles or goods such as appliances, furniture or similar
items may be repaired or serviced.
This definition shall not
include any manufacturing operation or establishment used for
the service or repair of vehicles.
(88)
SERVICE SHOP,
PERSONAL, means an establishment wherein a
personal service is performed.
This definition may include
a barber shop, a beauty salon, a dressmaking shop, a ·shoe
repair shop, a tailor shop, a photographic studio or similar
use.
(89)
SERVICE STATION, means an establishment primarily engaged in
the retail sale of fuels or lubricants for motor vehicles,
farm implements and machinery or recreational vehicles.
Accessory uses may include the sale of motor vehicles or
vehicle
accessories
and
minor
maintenance
or
repair
operations
for
such
vehicles,
other than
bodywork
or
painting.
(90)
SHORELINE, means any lot line or portion thereof which abuts
a waterbody.
(91)
SIGHT TRIANGLE, means the triangular space on a lot formed by
two intersecting street lines and a line drawn from a point
in one street line across such lot to a point in the other
street line, each such point being a distance from the point
of inters,eci;ion of the street lines (measured along the
street lines).
Where the two street lines do not intersect
at a point, the point of intersection of the street lines
shall be deemed to be the intersection of the projection of
the street lines or the intersection of the tangents to the
street lines.
(92)
SIGN, means a name, identification, description, device,
display or illustration which is affixed to or represented
directly or indirectly upon a building, structure or lot and
which directs attention to an object,
product,
place,
activity, person, institute, organization or business.
20
SECTION 2(93)
DEFINITIONS
(93)
STONE QUARRY, means any open excavation made for the removal
of any limestone, sandstone, shale or consolidated rock to
supply
such
material
for
construction,
industrial
or
manufacturing purposes.
This definition shall not include:
any excavation incidental to the erection of a building or
structure for which a building permit has been issued;
any excavation incidental to any public works;
any asphalt plant, cement manufacturing plant or concrete
batching plant; and
any wayside quarry as defined herein.
(94)
STOREY, means that portion of a building or structure between
any floor level of such building or structure and the floor,
ceiling or roof next above such floor level.
(a) FIRST STOREY, means the storey with its floor closest to
finished grade and having its ceiling at least 1.5 metres
above finished grade.
(b) ONE-HALF
STOREY,
means that portion of
a
building
situated wholly or partly within the roof and in which
there · is a vertical dimension of at least 2. o metres
(measured from finished floor to finished ceiling) over
a floor area equal to at least 50% of the floor area of
the storey next below.
(c) ATTIC,, means that portion of a building situated wholly
or partly within the roof, but which is not a one-half
storey.
(d) BASEMENT, means any storey below the first storey which
is at ,least 50% above finished grade (measured from
finished floor to finished ceiling).
(e) CELLAR, means any storey below the first
more than
50%
below finished grade
finished floor to finished ceiling).
21
storey which is
(measured
from
SECTION 2(95)
DEFINITIONS
(95)
STREET, means a public thoroughfare under the jurisdiction of
either the Corporation or the Province of Ontario.
This
definition shall not include a lane, a private right-of-way,
or a registered right-of-way.
"Street allowance" shall have a corresponding meaning.
(a) IMPROVED STREET,
means a street defined herein as a
"Provincial Highway" or a "Municipal Road" which is
maintained on a year-round basis and shown on Schedule A
hereto.
(b) PROVINCIAL HIGHWAY, means Highway No. 11.
(c) MUNICIPAL ROAD, means a street, other than a Provincial
Highway.
(d) UNIMPROVED STREET, means a street defined herein as a
"Township Road" which is not maintained on a year-round
basis and shown on Schedule A hereto.
(96)
STREET ACCESS, means, when referring to a lot, that such lot
has a lot line or portion thereof which is also a street
line.
(97)
STREET LINE, means the limit of a street allowance and is the
dividing line between a lot and a street.
(98)
STREET SET~ACK, means the least horizontal distance required
between the centreline of a street allowance and the nearest
part of any building envelop or excavation on a lot (measured
at right angles to such centreline).
(99)
STRUCTURE, means anything constructed or erected, the use of
which requires location on or in the ground, or attached to
something having location on or in the ground.
(100) SUPERMARKET,
means
a
store in which various kinds of
foodstuffs are kept for retail sale, including fresh, frozen,
prepared
and preserved groceries,
meats,
fish,
fruit,
beverages, garden produce, dairy produce and bakery products;
22
SECTION 2(101)
DEFINITIONS
and as an accessory use, manufactured goods or merchandise
may be kept for retail sale, including hardware, patent
medicines, toilet preparations, personal hygiene products,
household supplies and magazines.
(101) TOURIST TRAILER, means a trailer capable of being used for
the temporary living, sleeping or eating accommodation of
persons (notwithstanding that its running gear is or may be
removed).
(102) TOURIST VEHICLE, means a self-propelled vehicle capable of
being used for the temporary living, sleeping or eating
accommodation of persons.
This definition may include a bus,
motor home, truck or van.
(103) TRAILER, means any vehicle designed to be towed by a motor
vehicle.
(104) USE, when
building
designed,
used as a noun, means the purpose for
or structure, or any combination
arranged, occupied or maintained.
"Uses" shall have a corresponding meaning.
which a lot,
thereof, is
"Use" (when used as a verb), "used" and "to use" shall have
corresponding meanings.
(a) ACCES~OR~
USE,
means
a
use
which
is incidental,
subordinate and exclusively devoted to a main building,
main structure or main use and located on the same lot
therewith.
(b) MAIN USE, means the principal use of a lot.
(105) VEHICLE, means an all-terrain vehicle, an automobile, a boat,
a commercial motor vehicle, a farm implement, a motorcycle,
a snowmobile, a truck, a tourist vehicle or a trailer.
(106) VEHICLE AGENCY, means an establishment having as its main use
the storage of vehicles for sale, rent or lease.
Accessory
uses may include facilities for the repair or maintenance of
vehicles.
23
SECTION 2(107)
DEFINITIONS
(107) WAREHOUSE, means a building or part of a building used only
for the bulk storage of goods,
wares,
merchandise or
materials and accessory office space and shall include a
wholesale establishment.
(108) WATER ACCESS, means, when referring to a lot, that such lot
has a lot line or portion thereof which is also a shoreline.
(109) WATERJ30DY, means any bay, lake, natural watercourse or canal,
other than a drainage ditch or irrigation channel.
(110) WATER SETBACK, means the straight line horizontal distance
from a high water mark of a waterbody to the nearest part of
any excavation, building, structure or open storage area on
the lot.
(lll) WATER SUPPLY PLANT, means a building or structure, approved
by the Ministry of Environment and Energy, where water is
treated for human consumption.
(112) WATER
SYSTEM,
PUBLIC,
means
a
distribution system
of
underground piping and related storage, including plumbing
and purification appurtenances, owned and operated by the
Ministry of Environment and Energy.
(113) WAYSIDE P~T, means a temporary open excavation made for the
removal of· any soil, earth, clay, marl, sand, gravel or
unconsolidated rock, opened and used by a public authority
solely .for the purpose of a particular project or contract of
construction.
Portable asphalt plants with a certificate of
approval from the Ministry of Environment and Energy shall be
permitted with a wayside pit.
(114) WAYSIDE QUARRY, means a temporary open excavation made for
the
removal
of
any
limestone,
sandstone,
shale
or
consolidated rock, opened and used by a public authority
solely for the purpose of a particular project or contract of
construction.
Portable asphalt plants with a certificate of
approval from Ministry of the Environment and Energy shall be
permitted with a wayside pit.
24
SECTION 2(115)
DEFINITIONS
(115) YARD, means a space, appurtenant to a building, structure or
excavation,
located
on the
same lot as the building,
structure or excavation, and which space is open, uncovered
and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically
permitted.
(a) FRONT YARD, means a yard located between the front lot
line and the nearest part of any excavation or main
building :on the lot and extending across the full width
of the lot.
(b) FLANK YARD, means a yard located between a flank lot line
and the nearest part of any excavation or main building
on the lot and extending for the full length of such
flank lot line, but excluding any front yard.
(c) REAR YARD, means a yard located between a rear lot line
and the nearest part of any excavation or main building
on the lot and extending for the full length of such rear
lot line, but excluding any front yard or flank yard.
(d) SIDE YARD, means a yard located between a side
and the nearest part of any excavation or main
on the lot and extending for the full length
side lot line, but excluding any front yard,
rear yard.
lot line
building
of such
flank or
(116) ZONE, means a designated area of land use shown on Schedule
A hereto and includes any special zone used in this By-law.
(117) ZONE PROVISION, means any provision of this By-law which is
listed under the heading
II ZONE
PROVISIONS" and includes
anything contained in Section 3 hereof which is applicable to
the zone or use.
(118) ZONED AREA, means all the lands within the corporate limits
of the Village of South River.
(119) ZONING ADMINISTRATOR, means the officer or employee of the
Corporation charged with the duty of enforcing the provisions
of this By-law.
25
SECTION 3
GENERAL PROVISIONS
The provisions of this Section apply in all zones except as may be
indicated otherwise.
(1)
ACCESSORY USES
Any use, buil~ing or structure which is accessory to a
permitted use in a zone shall be permitted in such zone,
except that none of the following accessory uses shall be
permitted in any zone unless such accessory use is>listed as
a permitted use in such zone:
a building, or portion thereof used for human habitation;
a fuel pump island, or a private fuel pump island;
a marine facility;
any occupation for gain or profit conducted within or
accessory to a dwelling unit; and
an open storage use.
(2)
ACCESS REGULATIONS
No person· shall erect any building or structure in any
portion of a
Zoned Area unless the lot upon which such
building or structure is to be erected fronts on and has
access to an Improved Street as defined herein.
This
provision shall not apply to a lot on a registered plan of
subdivisiqn registered subsequent to the date of passing of
this By-law. :-
For a lot which does not front on an Improved Street, but
contains a
legally existing building or structure, the
rebuilding,or repair of such building or structure shall be
permitted in accordance with Section 3 ( 15) and accessory
buildings and structures may be permitted in accordance with
Section 3(1).
(3)
CONSTRUCTION USES
A building or structure incidental to construction on a lot,
where such building or structure is situated, shall be
permitted in any portion of the Zoned Area, but only for as
long as it is necessary for the work in progress and until
26
SECTION 3(3)
GENERAL PROVISIONS
REVISED: lO May 1995, 15 July 1995
the work is completed or abandoned.
"Abandoned" in this
subsection means the failure to proceed expeditiously with
the construction work,
or the failure to undertake any
construction work during any continuous six month period.
(4)
DWELLING UNITS
(a)
(b)
(c)
LOCATION IN PRIVATE GARAGE:
No dwelling unit shall be located in a private garage.
LOCATION IN CELLAR:
No habitable room shall be located in any cellar.
LOCATION IN BASEMENT:
No dwelling unit shall be located in the basement of a
Non-Residential building.
A dwelling unit may be located
in the basement of a Residential building, provided that
the finished floor level of such basement is not more
than 1.2 metre below finished grade.
(d) LOCATION IN FIRST STOREY:
No dwelling unit shall be located on the first storey of
any Non-Residential building, except a place of worship.
(e) PEDESTRIAN ACCESS:
New dwelling units in Non-Residential buildings shall be
provided with pedestrian access directly to an adjacent
street for the sole use of the dwelling units.
(5)
FLOOD PLAIN REGULATIONS
(a) USE OF FLOOD PLAINS:
No person shall, within any flood plain, use any lot or
erect, alter or use any building or structure for any
27
SECTION 3(5) (a)
REVISED: 10 May 1995
GENERAL PROVISIONS
purpose except one or more of the following uses:
an agricultural use, other than a building;
a forestry use, other than a building;
a marine facility;
a parking lot; and
a public use, other than a building, unless constructed
for the purpose of flood or erosion control, or as a
water plant.
(b) FILL RESTRICTIONS:
No fill shall be placed in or remo·ved from any land,
whether originating on the site or elsewhere, except with
the written approval of the Ministry of Natural Resources
(in shoreland areas), or the Municipality (in all other
areas).
"Flood Plain" in this subsection means those lands within
20.0 metres of the high water mark of any stream or body
of water.
(6)
GRAVEL PITS AND STONE QUARRIES
No gravel pit or stone quarry shall be established or made in
any portion of the Zoned Area .
-
( 7)
GROUP HOME
A group home is only permitted within a dwelling house and
must be spaced at least 300.0 metres from another similar
facility.
(8)
HEIGHT EXCEPTIONS
The building height provisions of this By-law shall not apply
to the following uses:
a barn;
a belfry;
28
SECTION 3(8)
REVISED: 10 May 1995
a bridge;
a chimney;
a church spire;
a clock tower;
a communications tower;
GENERAL PROVISIONS
an electric power facility, other than a building;
an elevator lifting devise;
a flagpole;
a piece of heating, cooling or ventilating equipment;
a skylight;
a stack;
a transmission tower, or a television or radio antennae;
a water tower; and
a windmill.
(9)
HOME INDUSTRY AND RURAL HOME OCCUPATIONS
No home industry or rural home occupation shall be permitted
in any portion of the Zoned Area unless such home industry or
rural home occupation complies with thE!. following provisions:
(a) EMPLOYMENT:
Not more than three persons, other than an occupant of
the premises, shall be employed in a home industry or
rural home occupation.
(b) ADVERTISING:
There shall be no external display or advertising, other
than a lawful sign, to indicate to persons outside that
any part of the lot is being used for a home industry or
rural home occupation purpose.
29
SECTION 3 (9) (c)
GENERAL PROVISIONS
(c) USES PROHIBITED:
No rural home
occupation shall be permitted which
interferes with television or radio reception.
The rural
home occupation shall not create or become a public
nuisance, in particular, in regard to noise, traffic or
parking.
(10)
HOME OCCUPATtCNS AND HOME PROFES::~NS.
No home occupation or home profession shall be permitted in
any portion of the zoned Area unless such home occupation or
home profession complies with the following provisions:
(a) SIZE:
Not more than 25% of the dwelling unit area shall be used
for purposes of home occupation or home profession uses.
(b) ACCESSORY BUILDING:
No accessory building shall be erected, altered or used
for purposes of a home occupation or home profession.
(c) EMPLOYMENT AND OCCUPANCY:
No person, other than an occupant of the dwelling unit
containing the home occupation or home profession, shall
be engaged in the home occupation or home profession.
(d) ADVERT,.;tSJ::NG:
There shall be no external display or advertising, other
than a lawful sign, to indicate to persons outside that
any part of the dwelling house or lot is being used for
a purpose other than residential.
(e) OPEN STORAGE AREA:
No part of any lot containing a home occupation or home
profession shall be used as an open storage area,
accessory to that home occupation or home profession use.
(f) USES PROHIBITED:
No home occupation or home profession shall be permitted
which interferes with television or radio reception.
The
30
SECTION 3 (10) (f)
GENERAL PROVISIONS
home occupation or home profession shall not create or
become a public nuisance, in particular, in regard to
fumes, noise, traffic or parking.
(11)
ILLUMINATION
Lighting fixtures, which are not public uses and which are
designed for exterior illumination, shall be installed with
the light directed.downward and deflected away from adjacent
lots and streets.
Such lighting fixtures shall not be more
than 9.0 metres above ground and no closer than 4.5 metres to
any street line.
(12)
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 land may
be considered part of the lot for the purpose of computing
the lot area and the rear building setback for such lot.
(13)
LOTS CONTAINING MORE THAN ONE USE
Where
a
lot contains more than one use,
the lot area
requirement and the lot frontage requirement shall be no less
than the greater of the lot area and the lot frontage
requirements, respectively for each individual use in the
zone where such lot is located.
Where a building, structure or lot accommodates more than one
use, the · parking space requirements for such building,
structure or lot shall be the sum of the requirements for the
separate uses thereof.
(14)
LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one zone, each such
portion of the lot shall be used in accordance with the
provisions of this By-law for the zone wher.e 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.
31
SECTION 3(15)
GENERAL PROVISIONS
(15)
NON-COMPLYING BUILDINGS, STRUCTURES AND LOTS
(a) ALTERATIONS TO NON-COMPLYING BUILDINGS AND STRUCTURES:
Nothing in this By-law shall prevent the .enlargement,
reconstruction, renovation, repair or replacement of an
existing, non-complying building or structure provided
such enlargement, reconstruction, renovation, repair or
replacement shall not:
increase the portion of the lot area covereci by
building envelopes if such coverage exceeds the
applicable maximum building area permitted herein;
reduce the size of any yard adjoining that portion
of such building or structure which is less than
the applicable minimum building setback required
herein;
reduce the distance between building envelopes if
such distance is less than the applicable minimum
building separation required herein;
increase the overall vertical dimension of such
building or structure if such dimension exceeds the
applicable
maximum
building
height
permitted
herein;
reduce the dwelling unit area of any dwelling unit
if it is less than the applicable minimum dwelling
unit area required herein;
j.
.increase the number of dwelling units in the
replacement building over those of the original
number of dwelling units;
reduce the gross floor area of any building or
structure if it is less than the applicable minimum
gross floor area required herein;
reduce the portion of the lot used for landscaping
purposes
if
such
portion
is
less
than
the
applicable
minimum
landscaping
area
required
herein;
reduce the size of any planting strip required
herein; or
32
SECTION 3(15) (a)
GENERAL PROVISIONS
contravene any other zone provisions.
(b) USE OF UNDERSIZED VACANT LOTS:
Nothing in this By-law shall prevent the use of a vacant
lot which has a lesser lot area and/or lot frontage than
the applicable minimum lot area and/or minimum lot
frontage required herein,
provided such lot is an
existing lot as defined herein, the proposed use of such
lot is ,.a permitted use and the proposed use shall not
contravene any other zone provisions.
Nothing in this By-law shall prevent the use of a lot
created by expropriation or street widening which has a
lesser area and/or frontage than the applicable minimum
lot area and/or minimum lot frontage required herein.
Nothing in this By-law shall prevent the change of use
for a lot which has a lesser lot area and/or lot frontage
than the applicable minimum lot area and /or minimum lot
frontage required herein, where the use of the lot is
being changed to a permitted use
(16)
NON-CONFORMING BUILDINGS AND STRUCTURES
(a) REBUILDING, REPAIR OR REPLACEMENT PERMITTED:
Nothing in this By-law shall prevent the rebuilding,
repair or replacement of an existing non-conforming
building or structure that is damaged or destroyed
subseqpent to the date of passing of this By-law,
provided :-that the external dimensions of the original
building or structure are not increased, the size and
number of dwelling units of the original building are not
increased and the use of the building or structure is not
altered, unless altered to a permitted use.
Notwithstanding the above, where a building or structure
is destroyed by flood, such rebuilding or replacement
shall not be permitted unless in conformity with this By-
law.
(b) STRENGTHENING PERMITTED:
Nothing in this By-law shall prevent the strengthening to
a safe condition of an existing non-conforming building
or structure, provided that the external dimensions of
33
(
SECTION 3 (16) (b)
REVISED: 15 July 1995
GENERAL PROVISIONS
the original building or structure are not increased and
the use cf the building or structure is not altered,
unless altered to a permitted use.
(17)
OBNOXIOUS USES
No person shall within the Zoned Area use any lot or erect,
alter or use any building or structure for any of the
following purposes:
an abattoir;
an animal or fish glue manufacturing use;
a blood boiling use;
a fertilizer manufacturing or storage use;
a fowl killing establishment;
a gas manufacturing use;
a noxious use;
a salvage yard; or
a tannery.
(18)
OCCUPANCY OF PARTIALLY COMPLETED DWELLING HOUSES
No dwelling house shall be used for human habitation before
the main walls and roof have been erected, the external walls
and roofing has been completed, and services and utilities
have been approved and installed, and are operable.
(19)
PARKING AREA REGULATIONS
(a) SIZE:
Each parking space shall be at least 6.0 metres long, 3.0
metres wide and have a vertical clearance of at least 2.0
metres.
34
SECTION 3(19) (b)
GENERAL PROVISIONS
(b) LOCATION:
The required parking area shall not form part of any
street or lane.
The required parking area shall be
provided on the lot occupied by the building, structure
or use for which the said parking area is required.
No
part of any parking area shall be located closer than 1.5
metres to any street line, or 5.0 metres to any other lot
line, except in a Residential zone where the dimension
shall be 1.2 metres.
(c) EXEMPTIONS FOR CENTRAL BUSINESS DISTRICT:
Notwithstanding the provisions of clause (b) of this
subsection to the contrary, where parking spaces are
required for any lot in the Central Business District,
any and all of the required parking spaces may be off-
site parking spaces located not more than 90.0 metres
from the lot requiring such parking spaces if both lots
are subject to a development agreement which provides
that the use of the building, structure or lot which
requires such parking spaces shall cease if the required
number of off-site parking spaces is in any way reduced.
(d) SURFACE:
Each parking area and driveway connecting the parking
area with a street shall be maintained with a stable
surface which is treated so as to prevent the raising of
dust or loose particles.
(e) ADDITION TO OR CHANGE OF EXISTING USE:
,
--
When a building or structure has insufficient parking
spaces on the date of passing of this By-law to comply
with the requirements herein, this By-law shall not be
interpreted to require that the deficiency be made up
prior to the construction of any addition, if such
addition does not increase the gross floor area of such
building or structure by more than 10%.
However, no
addition may be built and no change of use may occur if
the effect of an addition or change of use would be to
increase such deficiency.
35
SECTION 3 (l.9) {f)
GENERAL PROVISIONS
(f) RESTRICTIONS IN RESIDENTIAL ZONES:
No person shall use any parking area or parking space in
a Residential zone to park a vehicle, unless such vehicle
bears a
vehicle license plate or sticker which is
currently valid, or to park more than one commercial
motor vehicle as defined by the Highway Traffic Act.
(20)
PLANTING STRIPS
(a) LANDSCAPING AREA:
A planting strip referred to in this subsection may form
part of any landscaping area required by this By-law.
(b) INTERRUPTION FOR DRIVEWAY OR WALKWAY:
Where a driveway or walkway extends through a planting
strip, it shall be permissible to interrupt the planting
strip within 3.0 metres of the edge of such driveway or
within 1.5 metres of the edge of such walkway.
(c) PLANTING STRIP WIDTH:
All planting strips shall be at least 3.0 metres wide.
(21)
PUBLIC USES
(a) STREETS AND INSTALLATIONS:
Nothirtg ~n this By-law shall prevent the use of land for
a street, or prevent the installation of a watermain,
sanitary
sewer
main,
storm
sewer main,
gas
main,
pipeline,
lighting fixture,
overhead or underground
electrical or telephone line or other supply line or
communication line or structure clearly ancillary to the
foregoing, provided that the location of such street,
main, line, fixture or structure has been approved by the
Corporation.
Notwithstanding the generality of the
foregoing, this approval by the Corporation shall not be
required for any public works project which has been
authorized pursuant to the Environmental Assessment Act.
36
SECTION 3 (21) (b)
REVISED: 10 May 1995, 15 July 1995
(b) ZONES WHERE PERMITTED:
GENERAL PROVISIONS
Except as provided in clause (a) hereof, the only public
uses permitted in a specific zone shall be those public
uses listed as permitted uses in the said zone.
(c) REQUIREMENTS IN RESIDENTIAL ZONES:
Any above-ground, non-residential public use which is
located in a Residential zone shall be enclosed in a
building designed, located and maintained in general
harmony with the Residential buildings permitted in such
zone.
(22)
RAILWAY SETBACKS
No person shall erect any building in any portion of the
Zoned Area unless such building is setback 30.0 metres from
the railway right-of-way provided that in the case of
residential dwellings, a safety berm is also constructed.
(23)
SATELLITE DISHES
(a) USES PERMITTED:
Satellite signal broadcast receiving dishes and their
supporting towers are permitted in all zones.
(b) HEIGHT:
,
-
When located on lands in or abutting a Residential zone,
they shall not exceed a height of 10.0 metres measured
from their base to the top of their uppermost element.
This restriction shall not apply to Federally licensed
installations.
(c) LOCATION:
Satellite signal broadcast or receiving dishes shall not
be permitted in front
of the front wall,
or its
projection, of the main building or structure on a lot,
provided such dishes are not located closer to any side,
flank or rear lot line than a distance equal to the
37
SECTION 3(23)
REVISED: l5 July l995
GENERAL PROVISIONS
greater of the diameter of the satellite signal broadcast
or receiving dish or the minimum yards required.
(24)
SIGHT TRIANGLES
(a) SIZE:
The distance. from the point of intersection of the street
lines shal:l be 10. o metres,
and from the point of
intersection of a street line and railway right-of-way
shall be 30.0 metres.
(b) USES PERMITTED:
Within any area defined as
a
sight triangle,
the
following uses shall be prohibited:
a building, structure or use which would obstruct the
vision of drivers of motor vehicles;
a fence, tree, hedge, bush or other vegetation, the top
of which exceeds 1.0 metre in height above the elevation
of the street;
any portion of a parking space;
a
berm or other ground
elevation of the street by
surface which exceeds the
more than 0.5 metre; and
a sign, other than a pole sign,
less' than
2.0
metres
above
centreline of the street.
(25)
SIGNS
the body of which is not
the elevation of the
Nothing in this By-law shall apply to prevent the erection,
alteration or use of any sign, provided such sign complies
with the by-laws of the Corporation regulating signs and
provided such sign is not located in a sight triangle, except
as provided in Section 3(24).
38
SECTION 3 (26)
REVISED: 10 May 1995
GENERAL PROVISIONS
(26)
STORAGE OF SPECIAL VEHICLES
(a) VEHICLES PERMITTED:
No person shall use any lot in any Residential zone for
the purpose of parking or storing more than:
two boats;
one tourist vehicle;
three snowmobiles; and
one tourist trailer.
(b) YARDS WHERE PERMITTED:
In any Residential zone, the parking or storage of a
boat, tourist vehicle, snowmobile or tourist trailer
shall only be permitted in a garage, carport or other
building and not in any parking space or sight triangle.
Parking or storage shall also be permitted in any side
yard or rear yard, but no closer than 3.0 metres to any
lot line. In a zone, other than a Residential zone, or
any special zone thereto, the parking or storage may take
place in any interior side yard or rear yard, but no
closer than 1.5 metres to any lot line.
(27)
STREET SETBACKS
No person shall erect any building in any portion of the
Zoned Area unless such building complies with the following
street setback requirements:
Provincial Highway:
plus the minimum front building
for such use in the zone where it
Municipal Road:
plus the minimum front building
for such use in the zone where it
39
- 23.0 metres,
setback required
is located.
- 10.0 metres
setback required
is located.
SECTION 3(28)
REVISED: 10 May 1995
(28)
SWIMMING POOLS
(a) LOCATION IN RESIDENTIAL ZONES:
GENERAL PROVISIONS
In a Residential zone, a swimming pool may be erected and
used in a side yard or rear yard, provided no interior
wall surface of any such swimming pool and no water
circulating or treatment equipment, such as pumps or
filters are located closer than 3.0 metres to any lot.
line.
(b) COMPLIANCE WITH OTHER BY-LAWS:
Nothing in this By-law shall apply to prevent the
erection, alteration or use of any swimming pool,
provided such swimming pool complies with the by-laws of
the Corporation regulating swimming pools.
(c) BUILDING AREA EXEMPTION:
A swimming pool shall be considered as part of the
building area, unless no part of the swimming pool or its
railing protrudes more than 1.5 metres above the ground
level surrounding the swimming pool.
(29)
WATER SETBACKS
No building or structure, other than a marine facility shall,.,,
be located closer than 20.0 metres to the high water mark of
a waterbody.
;
40
SECTION 4
ZONES
(l)
ZONE CLASSIFICATION
For the purpose of this By-law, all lands within the Zoned
Area
are
divided
into
zones
and
are
classified
as
Residential,
Institutional,
Commercial,
Inqustrial
or
Restricted
zones.
Following
each
zone
name
is
a
corresponding alpha or alpha-numeric symbol referred to
herein as a "zone symbol".
(a) RESIDENTIAL ZONES:
First Density Residential zone
Rl
Second Density Residential zone
R2
Third Density Residential zone
R3
Rural Residential zone
R4
(b) INSTITUTIONAL ZONES:
Institutional zone
(c) COMMERCIAL ZONES:
Downtown Commercial zone
Highway Commercial zone
(d) INDUSTRIAL ZONES:
General Industrial zone
,
-·
(e) RESTRICTED ZONES:
I
Cl
C2
Ml
Open Space zone
OS
Environmental Protection zone
EP
Rural zone
RU
(2)
ZONE SYMBOLS
The zone symbols listed in Section 4(1) hereof may be used to
refer to buildings and structures, and the uses of lots,
buildings and structures pennitted in this By-law in the said
zones, and whenever in this By-law the word "zone" is used,
41
SECTION '4(2)
ZONES
preceded by any of the said zone symbols, such reference
shall mean any portion of the Zoned Area delineated on
Schedule A hereto and designated thereon by the said zone
symbol.
(3)
ZONE BOUNDARIES
The extent and boundaries of all zones and special zones are
shown. on Schedule ... .A hereto.
When determining the location of
a zone boundary on Schedule A or on any schedule which amends
Schedule A, the following provisions shall apply.
(a) CORPORATION BOUNDARIES:
All
boundaries
of
the
Corporation
shall
be
zone
boundaries.
(b) FORMER TOWNSHIP LOT OR CONCESSION LINES:
A zone boundary indicated as approximately following a
former Township lot or concession line shall be deemed to
follow such former Township lot line or concession line.
(c) STREET LINES:
A zone boundary indicated as approximately following a
street line shall be deemed to follow such street line.
(d) RIGHTS-OF-WAY:
A zone boundary
right-6f-yay for
line, pipeline,
right-of-way.
(e) SHORELINES:
indicated as approximately following a
a private road, laneway, railroad, power
etc., shall be deemed to follow such
A zone boundary indicated as approximately following a
shoreline of a waterbody shall be deemed to be the
present controlled high water mark of such waterbody.
(f) SUBDIVISION LOT LINES:
A zone boundary indicated as approximately following a
lot line on a plan of subdivision shall be deemed to
follow such lot line.
42
SECTION 4 (3) (g)
ZONES
(g) OTHER PROPERTY LINES:
A zone boundary indicated as approximately following any
other property line shall be deemed to follow such
property line.
(h) DIMENSIONS AND MEASUREMENTS:
If the location of a zone boundary cannot be determined
using any of the preceding methods, its location shall be
according to the dimensions shown on the schedule.
If
such dimensions are not shown, its location shall be as
measured on the schedule at the original size and scale
of such schedule.
(4)
PERMITTED USES AND ZONE PROVISIONS
For each zone listed in Section 4(1) hereto, there shall be
a section of this By-law which sets out the permitted uses
and the zone provisions for such zone.
(5)
SPECIAL ZONES
Where a zone symbol is followed by a dash and a number (for
example "Ml-1"), this denotes a special zone.
The permitted
uses and the zone provisions for such special zone shall be
set out in subsections of the Section of this By-law
applicable to the said zone symbol.
43
SECTION 5
FIRST DENSITY RESIDENTIAL (Rl) ZONE
(1)
USES PERMITTED
No person shall within any Rl zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following Rl uses, namely:
(a) RESIDENTIAL USES:
a converted dwelling;
a group home;
a single detached dwelling house.
(b) NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a public park.
(2)
ZONE PROVISIONS
No person shall within any Rl zone use any lot or erect,
alter or use any building or structure, unless such lot is
served by a public water system and in accordance with the
following provisions:
(a) LOT AREA (minimum):
-
800.0 square metres
(b) LOT FRONTAGE (minimum):
-
20.0 metres
(c) DWELLING HOUSES PER LOT (maximum):
- 1 only
(d) BUILDING }<REA (maximum):
- 30%
(e) BUILDING SETBACK, FRONT (minimum):
- a.o .metres:
(f) BUILDING SETBACK, FLANK (minimum):
- 8.0 metres:
(g) BUILDING SETBACK, REAR (minima) :
(i)
main building
- 12.0 metres
( ii)
accessory building
- 1 - 5 metres
( h) BUILDING SETBACK, SIDE (minima) :
(i)
with private garage or carport
- 1.5 metres
44
SECTION 5(2) (h) (ii)
FIRST DENSITY RESIDENTIAL (R1) ZONE
(ii)
without private garage or carport
-
6.0 metres
on driveway
side; 1,5 metre
·on other side
(iii)
other accessory buildings
-
1~5 metres
( i) BUILDING SEPARATION (minimum) :
-
3 -. 0 metres
(j) BUILDING HEIGHT (maximum):
-
2 storeys, provided a
maximum of 10.0 metres
is not exceeded
(k) DWELLING UNIT AREA (minimum):
- 80.0 square metres
(1) LANDSCAPING AREA (minimum):
-
30%
(m) ENTRANCE SETBACK (minimum) :
-
8. 0 metres
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
(o) GENERAL PROVISIONS:
-
1 for each dwelling unit
- the greater of:
2 per
lot or 1 for each 20.0
square metres of net floor
area or portion thereof
In accordance with the provisions of Section 3 hereof.
45
SECTION 6
SECOND DENSITY RESIDENTIAL (R2) ZONE
(l)
USES PERMITTED
No person shall within any R2 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following R2 uses, namely:
(a) RESIDENTIAL USES:
a __ converted dwelling house;
a duplex dwelling house;
a group home;
a semi-detached dwelling house;
a single detached dwelling house.
(b) NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a marine facility;
a public park.
(2)
ZONE PROVISIONS
No person shall within any R2 zone use any lot or erect,
alter or use any building or structure, unless such lot is
served by a public water system and in accordance with the
following provisions:
(a) LOT AREA (minimum):
-
800.0 square metres
(b) LOT FRONTAGE (minimum):
-
20.0 metres
c
-
(C) DWELLING HOUSES PER LOT (maximum):
-
1 only
(d) BUILDING AREA (maximum):
-
40%
(e) BUILDING SETBACK, FRONT (minima):
(i)
marine facility
(ii)
main building and other
accessory buildings
(f) BUILDING SETBACK, FLANK (minimum):
(g) BUILDING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory building
46
- nil
- 8.0 metres
- 8.0 metres
- 12.0 metres
- 3.0 metres
SECTION 6(2) (h)
SECOND DENSITY RESIDENTIAL (R2) ZONE
(h) BUILDING SETBACK, SIDE (minima):
(i)
with private garage or carport
(ii)
without private garage or carport
(iii)
(iv)
dual garage
other accessory buildings
- 1.5 metres
-
6.0 metres
on driveway
side; 1.5 metre
on other side
- nil
- 1.5 metres
-
.3 - O metres
(i) BUILDING SEPARATION (minimUl!!):
(j) BUILDING HEIGHT (maximum):
-
2 storeys, provided a
maximum of 10.0 metres
is not exceeded
(k) DWELLING UNIT AREA (minimum):
(l) LANDSCAPING AREA (minimum):
(m) ENTRANCE SETBACK (minimum):
(n) ENTRANCES PER LOT (minima):
-
80.0 square metres
-
30%
-
8.0 metres
(i)
single detached dwelling house
converted dwelling house, duplex
dwelling house and group home
(ii)
semi-detached
-
1
dwelling house
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
f
(o) GENERAL PROVISIONS:
-
2
-
1 for each dwelling unit
- the greater of:
2 per
lot or 1 for each 20.0
square metres of net floor
area or portion thereof
In accordance with the provisions of Section 3 hereof.
47
SECTION 7
THIRD DENSITY RESIDENTIAL (R3) ZONE
(1)
USES PERMITTED
No person shall within any R3 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following R3 uses, namely:
(a) RESIDENTIAL USES:
a apartment building;
a senior citizens apartment;
a townhouse.
(b) NON-RESIDENTIAL USES:
prohibited.
(2)
ZONE PROVISIONS
No person shall within any R3 zone use any lot or erect,
alter or use any building or structure, unless such lot is
served by a public water system and in accordance with the
following provisions:
(a) LOT FRONTAGE (minimum):
- 40.0 metres
(b) DWELLING HOUSES PER LOT (maximum):
- 1 only
( C) BUILDING AREA (maximum):
-
40%
( d) BUILDING SETBACK, FRONT (minimum):
- 8.0 metres
(e) BUILDING=sETBACK, FLANK (minimum):
- 8.0 metres
(f) BUILDING SETBACK, REAR (minima):
(i)
main building
- 12.0 metres
(ii)
accessory building
- 3.0 metres
(g) BUILDING SETBACK, SIDE (minima):
(i)
with private garage or carport
- 1.5 metres
48
SECTION 7 (2) (g) (ii)
THIRD DENSITY RESIDENTIAL (RJ) ZONE
(ii)
without private garage or carport
-
6.0 metres
on driveway
side; 1.5 metre
on other side
(iii)
other accessory buildings
- 1.5 metres
(h) BUILDING SEPARATION (minimum):
- 3.0 metres
Ci) BUILDING HEIGHT (maximum):
-
2 storeys, provided a
maximum of 10.0 metres
is not exceeded
-
40.0 square metres
(j) DWELLING UNIT AREAS (minima):
(i)
bachelor dwelling unit
(ii)
other dwelling units
-
40.0 square metres, plus
(k) LANDSCAPING AREA (minimum):
(l) PRIVACY YARD REGULATIONS:
15.0 square metres
for each bedroom
-
30%
No privacy yard shall be required on any lot containing
10 or fewer dwelling units.
(m) PRIVACY YARD DEPTH (minimum):
- 7.5 metres
(n) PLAY FACILITIES (minima):
(i)
senior citizen apartment
- nil
( ii)
other apartment buildings
or townhouse
- 1 for each lot
containing more than
10 dwelling units
'
.·
(0) PLAY FACILITY AREA (minimum):
-
4% of lot area
(p) PLAY FACILITY LOCATION:
Play facilities shall be permitted only in a rear yard or
side yard, but not in any portion of a privacy yard.
(q) ENTRANCE SETBACK (minimum):
(r) ENTRANCES PER LOT (minimum):
(S) PARKING SPACES (minima):
(i)
senior citizen apartment
49
-
B.O metres
-
2
-
0.5 for each
dwelling unit
SECTION 7 (2) (s) (ii)
THIRD DENSITY RESIDENTIAL (RJ) ZONE
(ii)
other apartment buildings
or townhouse
(t) GENERAL PROVISIONS:
- 1.5 for each
dwelling unit
In accordance with the provisions of Section 3 hereof.
50
SECTION 8
RURAL RESIDENTIAL (R4) ZONE
(1)
USES PERMITTED
No person shall within any R4 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following R4 uses, namely:
(a) RESIDENTIAL USES:
a group home;
a single detached dwelling house.
(b) NON-RESIDENTIAL USES:
a home occupation;
a home profession;
a marine facility;
a public park.
(2)
ZONE PROVISIONS
No person shall within any R3 zone use any lot or erect,
alter or use any building or structure, except in accordance
with the following provisions:
(a) LOT AREA (minimum):
- 1,400.0 square metres
(b) LOT FRONTAGE (minimum):
(c) DWELLING HOUSES PER LOT (maximum):
(d) BUILDING AREA (maximum):
,..
:-. . -
( e) BUILDING SETBACK, FRONT (minima):
(i)
marine facility
(ii)
main building and other
accessory buildings
(f) BUILDING SETBACK, FLANK (minimum):
(g) BUILDING SETBACK, REAR (minima):
(i)
main building
(ii)
accessory building
(h) BUILDING SETBACK, SIDE (minima):
(i)
with private garage or carport
51
- 40.0 metres
-
1 only
-
15%
- nil
- 8.0 metres
- 8.0 metres
- 12.0 metres
- 3.0 metres
- J.O metres
SECTION 8(2) (h) (ii)
RURAL RESIDENTIAL (R4) ZONE
(ii)
without private garage or carport
- 7.5 metres
on driveway
side; 3.0 metre
on other side
(iii)
other accessory buildings
- 3.0 metres
(i) BUILDING SEPARATION (minimum):
- 5.0 metres
(j) BUILDING HEIGHT (maximum):
-
2 storeys, provided a
maximum of 10.0 metres
is not exceeded
(k) DWELLING UNIT AREA (minimum):
- 80.0 square metres
(1) LANDSCAPING AREA (minimum):
-
30%
(m) ENTRANCE SETBACK (minimum):
- 8.0 metres
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential uses
(o) GENERAL PROVISIONS:
-
1 for each dwelling unit
- the greater of:
2 per
lot or 1 for each 20.0
square metres of net floor
area or portion thereof
In accordance with the provisions of Section 3 hereof.
'
52
SECTION 9
INSTITUTIONAL (I) ZONE
(l)
USES PERMITTED
No person shall within any I zone use any lot or erect, alter
or use any building or structure for any purpose except one
or more of the following I uses, namely:
(a) RESIDENTIAL USES:
a single detached dwelling, accessory to a place of
worship.
(b) NON-RESIDENTIAL USES:
an education administration centre;
an arena;
an auditorium;
a clinic;
a club;
a curling club;
a day care centre;
a fire hall;
a museum;
a place of worship;
a school.
(2)
ZONE PROVISIONS
No person shall within any I zone use any lot or erect, alter
or use any building or structure, unless such lot is served
by a municipal water system and in accordance with the
following ~revisions:
·.,. --·
(a) LOT FRONTAGE (minimum):
-
20.0 metres
(b) DWELLING UNITS PER LOT (maximum):
- 1 only
(C) BUILDING AREA (maximum):
-
50%
(d) BUILDING SETBACK, FRONT (minimum):
- 8.0 metres
(e) BUILDING SETBACK, FLANK (minimum):
- 8.0 metres
(f) BUILDING SETBACK, REAR (minimum):
- 10.0 metres
(g) BUILDING SETBACK, SIDE (minima):
(i)
one side
-
3. 0 metres
( ii)
other side
-
1. 0 metres
53
SECTION 9(2) (h)
(h) BUILDING SEPARATION (minimum):
(i) BUILDING HEIGHT (maximum):
(j) DWELLING UNIT AREA (minimum):
(kl LANDSCAPING AREA (minimum):
(l) PLANTING STRIP LOCATION:
INSTITUTIONAL (I) ZONE
-
3.0 metres
-
10.0 metre
-
80.0 square metres
-
20%
A planting strip shall be required along any portion of
a rear lot line or any portion of a side lot line which
abuts a Residential zone.
(m) ENTRANCE SETBACK (minimum):
(n) ENTRANCES PER LOT (maximum):
(o) PARKING SPACES (minima):
(i)
Residential uses
(ii)
arena, auditorium, clinic,
club, curling club, fire
hall or museum
(iii)
place of worship
(iv)
e~ucation administration
c·entre, a day care centre
or school
(p) GENERAL PROVISIONS:
-
10.0 metres
-
2
-
1 for each
dwelling unit
-
1 for each 50.0
square metres of
net floor area
or portion thereof
-
1 for each 10.0
square metres of
net floor area
or portion thereof
-
8
In accordance with the provisions of Section 3 hereof.
54
SECTION 10
DOWNTOWN COMMERCIAL (Cl) ZONE
REVISED: 10 May 1995
(1)
USES PERMITTED
No person shall within any Cl zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following Cl uses, namely:
(a) RESIDENTIAL USES:
a dwelling unit;
a boarding house.
(b) NON-RESIDENTIAL USES:
a bakery;
a business office;
a club;
a convenience store;
a dance hall;
a department store;
a dining room;
a financial office;
a funeral home;
a laundromat;
a merchandise service shop;
a municipal office;
a parking lot;
a personal service shop;
a post office;
a professional office;
a public library;
a restaurant;
a retail·store;
a senior's drop-in centre;
a supermarket;
a take-out restaurant;
a tavern.
'
(2)
ZONE PROVISIONS
No person shall within any Cl zone use any lot or erect,
alter or use any building or structure, unless such lot is
served by a municipal water system and in accordance with the
following provisions:
(a) LOT FRONTAGE (minimum):
(bl DWELLING UNITS PER LOT (maximum):
55
-
20.0 metres
-
6 only
SECTION 10 (2) (c)
REVISED: 10 May 1995
DOWNTOWN COMMERCIAL (Cl) ZONE
(c) BUILDING AREA (maximum):
(d) BUILDING SETBACK, FRONT (minimum):
(e) BUILDING SETBACK, FLANK (minimum):
(f) BUILDING SETBACK, REAR (minimum):
(g) BUILDING SETBACK, SIDE (minimum):
(h) BUILDING SEPARATION (minimum):
(i) BUILDING HEIGHT (maximum):
(j) DWELLING UNIT AREAS (maxima):
(i)
bachelor dwelling unit
(ii) other dwelling units
(k) LANDSCAPING AREA (minimum):
(1) ENTRANCE SETBACK (minimum):
(m) ENTRANCE WIDTH (minima):
- 75%
- nil
- a.a metres
- 10.0 metres
- 2.0 metres
- 3. 0 metres
- 10.0 metres
-
40.0 square metres
-
40.0 square metres,
plus an additional
10.0 square metres
for each bedroom
-
20%
- a.a metres
(i)
Where buildings are setback from the
street to provide parking in front
-10.0 metres
(ii)
Where buildings are built at the
street line and a shared driveway
exits, each portion shall be
-
2.0 metres
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
Non-Residential
(o) SPECIAL PROVISION:
-
1 for each
dwelling unit
- nil
A dwelling unit in a non-residential building shall not
be located on or below the first storey.
(p) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof,
56
SECTION ll
HIGHWAY COMMERCIAL (C2) ZONE
REVISED: 15 July 1995
(l)
USES PERMITTED
No person shall within any C2 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following C2 uses, namely:
(a) RESIDENTIAL USES:
an accessory dwelling unit.
(b) NON-RESIDENTIAL USES:
a business office, accessory to another permitted use;
a car wash;
a convenience store, accessory to a service station;
a dining room;
a farmer's market;
a fuel pump island;
a furniture store;
a private fuel pump island;
a police station;
a retail store for alcohol products;
a restaurant;
a service station;
a supermarket;
a take-out restaurant;
a vehicle agency.
(2)
ZONE PROVISIONS
No person shall within any C2 zone use any lot or erect,
alter or use any building or structure, unless such lot is
serviced with a municipal water system and in accordance with
the following provisions:
(a) LOT AREA (minimum) :
- 800.0 square metres
(b) LOT FRONTAGE (minimum):
- 32.0 metres
(c) DWELLING UNITS PER LOT (maximum) :
- 1 only
( d) BUILDING AREA (maximum) :
- 50%
(e) BUILDING SETBACK, FRON·:r (minimwn) :
- 16.0 metres
(f) BUILDING SETBACK, FLANK (minimum) :
- 8.0 metres
57
SECTION 11(2) (g)
HIGHWAY COMMERCIAL (C2) ZONE
(g) BUILDING SETBACK, REAR (minima):
(i)
main building
-
7.5 metres
provided that, where a rear
lot line abuts a Residential
Zone the minimum rear setback
shall be
-
10.0 metres
(ii) accessory buildings
-
3.0 metres
(h) BUILDING SETBACK, SIDE (minima):
(i)
main building
- 7.5 metres
provided that, where a side
lot line abuts a Residential
Zone the minimum side setback
shall be
(ii) accessory buildings
(i) BUILDING SEPARATION (minimum):
(j) BUILDING HEIGHT (maximum):
(k) DWELLING UNIT AREA (minimum):
(1) LANDSCAPING AREA (minimum):
(m) PLANTING STRIP LOCATION:
- 80.0
- 10.0 metres
- 5.0 metres
- 5.0 metres
- 10.0 metres
square metres
- 35%
A planting strip shall be required along any portion of
a rear lot line.
(n) ENTRANCE SETBACK (minimum):
(0) ENTRANCE WIDTH (minimum):
(maximum):
(p) PARKING SPACES (minima):
(i)
Residential uses
(ii)
vehicle agency
(iii)
other Non-Residential
58
-
10.0 metres
-10.0 metres
-
15.0 metres
-
1 for each
dwelling unit
-
1 for each 5.0
square metres
of gross floor area
or portion thereof
-
1 for each 50.0
square metres of
gross floor area
or portion thereof
SECTION 11(2) (q)
HIGHWAY COMMERCIAL (C2) ZONE
(q) PARKING SPACE LOCATION:
No part of any parking space shall be located closer
than:
(i)
(ii)
1.5 metres to any
4.0
metres
to
Residential zone.
street line; or
any
lot
line
which
abuts
a
(r) FUEL PUMP ISLAND OR PRIVATE FUEL PUMP ISLAND LOCATION:
No part of any fuel pump island or private fuel pump
island shall be located closer than 10.0 metres to any
street line, or 6.0 metres to any other lot line.
(s) VEHICLE WAITING LINES FOR CAR WASHES:
The following provisions shall apply to vehicle waiting
lines on any lot used as a car wash:
(i)
Every car wash shall provide at least 10 vehicle
,
waiting spaces in not more than 2 vehicle waiting
lines.
(ii) A vehicle waiting space shall be not less than 6.0
metres in length and 3.0 metres in width.
(t) SPECIAL PROVISIONS:
No accessory dwelling unit shall be permitted with a
commercial garage, service station or vehicle agency.
(u) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(3)
USES PERMITTED IN C2-1 ZONE
No person shall within any C2-1 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following C2 uses, namely:
(a) RESIDENTIAL USES:
an accessory dwelling unit.
(b) NON-RESIDENTIAL USES:
a business office, accessory to another permitted use;
a commercial garage;
a convenience store, accessory to a service station;
a farmer's market;
a fuel pump island;
a heliport;
59
SECTION 11(3) (b)
HIGHWAY COMMERCIAL (C2) ZONE
a private fuel pump island;
a service station;
a tourist information centre;
a vehicle agency.
(4)
ZONE PROVISIONS FOR C2-1 ZONE
No person shall within any C2-l zone use any lot or erect,
alter or use any building or structure unless in accordance
with the following provisions:
(a) LOT AREA (minimum):
-
800.0 square metres
(b) LOT FRONTAGE (minimum):
-
20.0 metres
(C) DWELLING UNITS PER LOT (maximum):
-
1 only
(d) BUILDING AREA (maximum):
-
50%
(e) BUILDING SETBACK, FRONT (minimum):
-
,;fl),:O metres'
(f) BUILDING SETBACK, FLANK (minimum):
-
8.0 metres
(g) BUILDING SETBACK, REAR (minimum):
- 7.5 metres
(h) BUILDING SETBACK, SIDE (minimum):
-
7.5 metres
( i) BUILDING SEPARATION (minimum) :
-
5. 0 metres
(j) BUILDING HEIGHT (maximum):
- 10.0 metres
Ck) DWELLING UNIT AREA (minimum):
- 80.0 square metres
(l) LANDSCAPING AREA (minimum):
-
35%
(m) PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of
a rear lot line.
(n) ENTRANCE SETBACK (minimum):
(o) ENTRANCE WIDTH (minimum):
(maximum):
60
-
10.0 metres
-10.0 metres
-
15.0 metres
SECTION 11(4) (p)
(p) PARKING SPACES (minima):
(i)
Residential uses
(ii)
vehicle agency
(iii)
other Non-Residential
(q) PARKING SPACE LOCATION:
HIGHWAY COMMERCIAL (C2) ZONE
-
1 for each
dwelling unit
-
1 for each 5.0
square metres
of gross floor area
or portion thereof
-
1 for each 50.0
square metres of
gross floor area
or portion thereof
No part of any parking space shall be located closer than
5.0 metres to any lot line.
(r) FUEL PUMP ISLAND OR PRIVATE FUEL PUMP ISLAND LOCATION:
No part of any fuel pump island or private fuel pump
island shall be located closer than 15.0 metres to any
street line, or 6.0 metres to any other lot line.
(s) SPECIAL PROVISIONS:
No accessory dwelling unit shall be permitted with a
commercial garage, service station or vehicle agency.
(t) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
61
SECTION 12
GENERAL INDUSTRIAL (Ml) ZONE
(1)
USES PERMITTED
No person shall within any Ml zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following Ml uses, namely:
(a) RESIDENTIAL USES:
an accessory dwelling house;
an accessory dwelling unit.
(b) NON-RESIDENTIAL USES:
an assembly plant;
a body shop;
a building supply outlet;
a business office, accessory to another permitted use;
a commercial garage;
a contractor's yard;
an electric power substation;
an equipment storage building;
a factory outlet;
a gas regulating station;
a maintenance garage;
a manufacturing plant;
an open storage area;
a parking lot;
a private fuel pump island;
a railroad use;
a telephone switching station;
a transport terminal;
a vehicle storage building;
a warehouse;
a water storage tank;
a water supply plant.
(2)
ZONE PROVISIONS
No person shall within any Ml zone use any lot or erect,
alter or use any building or structure, unless such lot is
served by a municipal water system and in accordance with the
following provisions:
(a) DWELLING UNITS PER LOT (maximum):
(bl BUILDING AREA (maximum):
62
-
1 only
-
60%
SECTION 12(2) (c)
GENERAL INDUSTRIAL (Ml) ZONE
(c) BUILDING SETBACK, FRONT (minimum):
(d) BUILDING SETBACK, FLANK (minimum):
(e) BUILDING SETBACK, REAR (minimum):
(f)
(g)
(h)
except where a railway use abuts
another industrial use the rear
setback shall be
BUILDING SETBACK, SIDE (minimum):
BUILDING SEPARATION (minimum):
BUILDING HEIGHT (maximum):
- 8.0 metres
- 8.0 metres
- 10.0 metres
- nil
- 9.0 metres
- 5.0 metres
- 10.0 metres
(i) DWELLING UNIT AREA (minimum):
-
65.0 square metres
(j) LANDSCAPING AREA (minimum):
-
10%
(k) PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of
a rear lot line or any portion of a side lot line which
abuts a Residential zone.
(1) ENTRANCE SETBACK (minimum):
(m) ENTRANCE WIDTH (minimum):
(maximum):
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
business office
(iii)
warehouse
(iv)
other Non-Residential uses
63
-
10.0 metres
-
10.0 metres
-
15.0 metres
-
1 for each
dwelling unit
-
1 for each 30.0
square metres of
net floor area
or portion thereof
-
1 for each 100.0
square metres of
net floor area
or portion thereof
- the greater of:
s per lot; or
1 for each 100.0
square metres of
gross floor area
or portion thereof
\.
SECTION 12 (2) (o)
GENERAL INDUSTRIAL (Ml) ZONE
(o) PARKING SPACE LOCATION:
No part of any parking space shall be located closer
than:
(i)
1.5 metres to any street line; or
(ii) 4.0
metres
to
any
lot
line
which
abuts
a
Residential zone.
(p) PRIVATE PUMP ISLAND LOCATION:
No part of any private fuel pump island shall be located
closer than 10.0 metres to any street line, or 6.0 metres
to any other lot line.
(q) OPEN STORAGE AREA REGULATIONS:
No
open storage area shall be permitted except in
accordance with the following provisions:
(i)
no open storage area shall be permitted in a front
yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which
abuts a Residential zone;
(iii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which
abuts a Residential zone;
(iv)
every open storage area or lot having an open
storage area situated thereon shall be enclosed by
a wall or fence not less than 2.0 metres in height
and constructed of uniform material; or a berm not
less than 2.0 metres in height with planting along
the slope of the berm;
(v)
no portion of any open storage area for combustible
materials shall be located closer than 6.0 metres
to any lot line.
(r) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
(3)
USES PERMITTED IN Ml-1 ZONE
No person shall within any Ml-1 zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following Ml-1 uses, namely:
(a) RESIDENTIAL USES:
an accessory dwelling house;
an accessory dwelling unit.
64
SECTION 12 (J) (b)
GENERAL INDUSTRIAL (Ml) ZONE
(b) NON-RESIDENTIAL USES:
an assembly plant;
an automotive store;
a body shop;
a business office, accessory to another permitted use;
a commercial garage;
a contractor's yard;
an electric power substation;
an equipment storage building;
a factory outlet;
a gas regulating station;
a maintenance garage;
a manufacturing plant;
an open storage area;
a parking lot;
a private fuel pump island;
a railroad use;
a transport terminal;
a vehicle storage building;
a warehouse.
(4)
ZONE PROVISIONS
No person shall within any Ml-1 zone use any lot or erect,
alter or use any building or structure, unless in accordance
with the following provisions:
(a) DWELLING UNITS PER LOT (maximum):
-
1 only
(b) BUILDING AREA (maximum):
- 60%
(c) BUILDING SETBACK, FRONT (minimum):
-
8.0 metres
(d) BUILDING SETBACK, FLANK (minimum):
- 8.0 metres
( e) BUILDING SETBACK, REAR (minimum):
-
10.0 metres
(fl BUILDING SETBACK, SIDE (minimum):
-
9.0 metres
(g) BUILDING SEPARATION. (minimum):
- 5.0 metres
(h) BUILDING HEIGHT (maximum):
- 10.0 metres
(i) DWELLING UNIT AREA (minimum) :
65.0 square metres
( j) LANDSCAPING AREA (minimum):
- 10%
65
SECTION 12(4) (k)
GENERAL INDUSTRIAL (Ml) ZONE
(k) PLANTING STRIP LOCATION:
A planting strip shall be required along any portion of
a rear lot line or any portion of a side lot line which
abuts a Residential zone.
(l) ENTRANCE SETBACK (minimum):
(m) ENTRANCE WIDTH (minimum):
(maximum):
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
business office
(iii)
warehouse
(iv)
other Non-Residential uses
(o) PARKING SPACE LOCATION:
-
10.0 metres
-
10.0 metres
- 15.0 metres
-
1 for each
dwelling unit
-
1 for each 30.0
square metres of
net floor area
or portion thereof
-
1 for each 100.0
square metres of
net floor area
or portion thereof
- the greater of:
5 per lot; or
1 for each 100.0
square metres of
gross floor area
or portion thereof
No part of any parking space shall be located closer than
5.0 metres to any lot line.
(p) PRIVATE PUMP ISLAND LOCATION:
No part of any private fuel pump island shall be located
closer than 10.0 metres to any street line, or 6.0 metres
to any other lot line.
(q) OPEN STORAGE AREA REGULATIONS:
No
open storage area shall be permitted except in
accordance with the following provisions:
(i)
no open storage area shall be permitted in a front
yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which
abuts a Residential zone;
66
SECTION 12(4) (q) (iii)
GENERAL INDUSTRIAL (Ml) ZONE
(iii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which
abuts a Residential zone;
( iv)
every open storage area or lot having an open
storage area situated thereon shall be enclosed by
a wall or fence not less than 2.0 metres in height
and constructed of uniform material; or a berm not
less than 2.0 metres in height with planting along
the slope of the berm;
(v)
no portion of any open storage area for combustible
materials shall be located closer than 6.0 metres
to any lot line.
(u) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
67
SECTION 13
OPEN SPACE (OS) ZONE
(1)
USES PERMITTED
No person shall within any OS zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following OS uses, namely:
(a) RESIDENTIAL USES:
prohibited.
(b) NON-RESIDENTIAL USES:
a cemetery;
a conservation use;
a fairground;
a golf course;
a public forest;
a public park.
(2)
ZONE PROVISIONS
No person shall within any OS zone use any lot or erect,
alter or use any building or structure except in accordance
with the following provisions:
(a) BUILDING SETBACK, FRONT (minimum):
(b) BUILDING SETBACK, FLANK (minimum):
(c) BUILDING SETBACK, REAR (minimum):
(d) BUILDING SETBACK, SIDE (minimum):
(e) BUILDING SEPARATION (minimum):
(f) BUILDING HEIGHT (maxima):
(g) LANDSCAPING AREA (minimum):
(h) ENTRANCES PER LOT (maximum):
(i) ENTRANCE SETBACK (minimum):
-
10.0 metres
-
10.0 metres
-
10.0 metres
-
5.0 metres
-
3.0 metres
-
10.0 metres
-
75%
-
no maximum
-
10.0 metres
(j) PARKING SPACES (minimum):
-
5 for each hectare of lot
area or portion thereof
in excess of 0.5 hectares
68
SECTION 13(2) (k)
OPEN SPACE (OS) ZONE
(k) PARKING SPACE LOCATION:
No part of any parking space shall be located closer than
5.0 metres to any lot line.
(1) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
69
SECTION 14
ENVIRONMENTAL PROTECTION (EP) ZONE
REVISED: 10 May 1995
(l)
USES PERMITTED
No person shall within any EP zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following EP uses, namely:
(a) RESIDENTIAL USES:
prohibited.
(b) NON-RESIDENTIAL USES:
an archaeological site;
a conservation use;
a flood control and erosion use;
? an outdoor recreational use, other than a building;
a public park;
a wildlife and/or fish management use.
(2)
ZONE PROVISIONS
No person shall within any EP zone use any lot or erect,
alter or use any building or structure except in accordance
with the following provisions:
(a) BUILDING AREA (maximum):
(b) BUILDING SEPARATION (minimum):
(c) BUILDING HEIGHT (maximum):
(d) ENTRANCE SETBACK (minimum):
(e) SPECIAL PROVISIONS:
-
30%
-
3.0 metres
-
10.0 metres
-
10.0 metres
No accessory buildings or structures are permitted except
a parking lot and a restroom.
Buildings or structures
shall be permitted where they are related to a flood
control or erosion use.
(f) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
70
SECTION 15
REVUSED: 10 May 1995
(1)
USES PERMITTED
RURAL (RU) ZONE
No person shall within any RU zone use any lot or erect,
alter or use any building or structure for any purpose except
one or more of the following RU uses, namely:
(a) RESIDENTIAL USES:
an accessory dwelling house;
a group home.
(b) NON-RESIDENTIAL USES:
a commercial greenhouse;
a conservation use;
an equipment storage building;
a farm;
a home industry;
a home occupation;
a home profession;
a livestock building;
a marine facility;
an open storage area;
a private fuel pump-island;
a produce building;
a rural home occupation;
a wayside pit;
a wayside quarry;
a woodlot.
( 2)
ZONE PROVISIONS
No person shall within any RU zone use any lot or erect,
alter or use any building or structure except in accordance
with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) DWELLING HOUSES PER LOT (maxima):
(i)
lot used as a farm
(ii)
lot used for other uses
71
- 24.0 hectares
- 100.0 metres
- 3, provided such
dwelling houses
ar.d accessory
dwelling houses
-
1 only
SECTION 14(2) (d)
RURAL (RU)
ZONE
(d) BUILDING AREA (maximum):
-
2%
(e) BUILDING SETBACK, FRONT (minimum):
(f) BUILDING SETBACK, FLANK (minimum):
-
25.0 metres
-
20.0 metres
(g) BUILDING SETBACK, REAR (minimum)(i)marine facility- nil
(ii)
main building and other
accessory buildings
-
30.0 metres
(h) BUILDING SETBACK, SIDE (minimum):
- 15.0 metres
(i) BUILDING SEPARATION (minimum):
- 5.0 metres
(j) BUILDING HEIGHT (maximum):
- 10.0 metres
(k) DWELLING UNIT AREA (minimum):
(1) LANDSCAPING AREA (minimum):
(m) ENTRANCE SETBACK (minimum):
(n) PARKING SPACES (minima):
(i)
Residential uses
(ii)
home occupation, home
profession or rural home
occupation
(iii)
other Non-Residential
-
85.0 square metres
-
10%
-
10.0 metres
-
1 for each
dwelling unit
- the greater of:
2 per lot; or 1 for
each 20.0 square metres
of net floor area
or portion thereof
-
1
(o) SEPARATION
DISTANCES
BETWEEN
AGRICULTURAL
AND
NON-
AGRICULTURAL USES:
Where a non-agricultural use is established or expanding
in close proximity to existing livestock buildings, or
where
livestock
facilities
are
being
constructed,
enlarged or remodelled near an existing non-agricultural
use, the separation distances between the existing and
proposed use shall be the minimum distance as computed
from the Agricultural Code of Practice, as revised from
time to time.
72
SECTION 15(2) (p)
RURAL (RU) ZONE
(p) PRIVATE FUEL PUMP ISLAND LOCATION:
No part of any private fuel pump island shall be located
closer than 20.0 metres to any street line, or 10.0
metres to any other lot line.
(q) OPEN STORAGE AREA REGULATIONS:
No
open storage area shall be permitted except in
accordance with the following provisions:
(i)
no open storage area shall be permitted in a front
yard or a flank yard;
(ii)
no open storage area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which
abuts a Residential zone;
(iii)
no open storage area shall be permitted in a side
yard adjacent to a side lot line of such lot which
abuts a Residential zone;
(ivf
no portion of any open storage area for combustible
materials shall be located closer than 10.0 metres
to any lot line.
(r) GENERAL PROVISIONS:
In accordance with the provisions of Section 3 hereof.
73
SECTION 16
ADMINISTRATION
(1)
ZONING ADMINISTRATOR
This
By-law
shall
Administrator.
be
administered
(2)
ISSUANCE OF PERMITS AND LICENSES
by
the
Zoning
Notwithstanding any provision of the Building By-law or any
other by-law of the Corporation to the contrary, no permit or
license shall
be
issued
where the proposed building,
structure or use would be in violation of any provision of
this By-law.
(3)
REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-law shall be
accompanied
by three
(3)
copies
of
the Corporation's
"APPLICATION FOR AMENDMENT TO OFFICIAL PLAN AND/OR ZONING BY-
LAW".
(4)
INSPECTION
(a) CONDITIONS FOR ENTRY:
Subject to clause (b) of this subsection, the Zoning
Administrator, Chief Building Official or any other
officer or employee of the Corporation, acting under the
direction of Council, is hereby authorized to enter, at
reasonable hours, upon any property or premises for the
purpose of carrying out his duties under this By-law.
(b) RESTRICTIONS FOR ENTRY OF DWELLING UNITS:
Notwithstanding any provision of clause (a)
of this
subsection to the contrary, no officer or employee of the
Corporation shall enter any room or place being used as
a dwelling unit or part thereof without the consent of
the occupant, except under the authority of a search
warrant issued pursuant to the Provincial Offences Act.
(5)
VIOLATIONS AND PENALTIES
Every person who uses any lot, or erects, alters or uses any
74
SECTION 16(5)
ADMINISTRATION
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,
alteration or
erection, or who violates any provision of this By-law or
causes or permits a violation, shall be guilty of an offence
and,
upon conviction therefor, shall forfeit and pay a
penalty, at the discretion of the presiding justice, not
exceeding Twenty Thousand Dollars ($20,000.00), exclusive of
costs, on the first conviction and on a subsequent conviction
a fine of not more than Ten Thousand Dollars ($10,000.00) for
each day or part thereof upon which the person was first
convicted.
Where a corporation is convicted under the above,
the maximum penalty that may be imposed may not exceed fifty
Thousand Dollars ($50,000.00) on the first conviction and on
a subsequent conviction a fine of not more than Twenty-five
Thousand Dollars ($25,000.00) for each day or part thereof
upon which the contravention has continued after the day on
which the corporation was first convicted.
Every such
penalty shall be recoverable under the Planning Act.
( 6)
REMEDIES
In case any building or structure is to be erected or altered
or any part thereof is to be used, or any lot is to be used,
in contravention of 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
provisions of the Planning Act or the Municipal Act, in their
behalf.
( 7)
VALIDITY
If any section, clause or provision of this By~law including
anything contained in Schedule A 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 hereof, other than the section, clause
or provision so declared to be invalid.
It is hereby
declared to be the intention that all the remaining sections,
clauses or provisions of this By-law shall remain in full
force and effect until repealed, notwithstanding that one or
more provisions hereof shall have been declared to be
invalid.
75
SECTION 17
REPEALS AND APPROVALS
All by-laws of the Corporation passed under Section 34 of the
Planning Act, or a predecessor thereof are hereby repealed.
This By-law shall become effective on the date hereof subject to:
(i)
(ii)
( iii)
the expiration of the time period specified for the
filing of objections by the notice of the passing of this
By-law, provided that no notice of objection has been
filed within the time period specified, or
the determination or direction of the Ontario Municipal
Board where an objection to the approval of this by-law
has been filed within the time period specified in the
notice of the passing of this By-law; or
th~ Lieutenant Governor-in-council confirming, varying or
rescinding the decision of the Ontario Municipal Board
where a notice was filed by the Minister of Municipal
Affairs that a Provincial interest is, or is likely to
be, adversely affected by this By-law, not later than
thirty (JO) days before the date fixed by the Ontario
Municipal Board for a hearing of an appeal.
THIS
BY-LAW read a first and second time this . l Otti day of
--- J.u.l.y. - - - - - 199 s.
THIS
BY-LAW read a third time and passed this . 28tti day of
.. A.u.g.u.s.t. - - - - 19 9 s. ~
Signed:,/~
)Signed,~.~
(Clerk
76