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TOWN OF SPANISH
ZONING BY-LAW
June 19, 2019
57 Foster Street
Box 2032
PERTH ON K7H 3M9
Tel. 613 464-8805
File P-2435
The Corporation of the Town of Spanish
By-law No. 2018-62
Being a By-law to regulate the use of land, buildings and structures within the
Town of Spanish;
WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O.
1990, to Councils of Municipalities to enact by-laws regarding the use and the erection
and use of buildings or structures within the municipality;
AND WHEREAS the Town of Spanish has conducted a review of the zoning by-law
pursuant to Section 26 of the Planning Act in association with the five year review of the
Official Plan and deems it appropriate to update its zoning by-law;
NOW THEREFORE the Council of the Corporation of the Town of Spanish enacts as
follows:
That Sections 1-24 and Schedules A and B as follows, are hereby deemed to be and to
constitute the zoning by-law for the Town of Spanish;
That this by-law shall come into force and take effect subject to the provisions of the
Planning Act.
Read a first and second time this 19th day of December, 2018.
Read a second time this 9th day of January, 2019.
Read a third time and adopted this 19th day of June, 2019.
Original Signed Original Signed
Jocelyne Bishop, Mayor
Pam Lortie-CAO-Clerk/Treasurer
Certified that the above is a true copy of By-law No. 2018-62 as enacted and passed by
the Council of the Corporation of the Town of Spanish on the 19th day of June, 2019.
Original Signed
Pam Lortie, CAO-Clerk/Treasurer
THE CORPORATION OF THE TOWN OF SPANISH
ZONING BY-LAW EXPLANATORY NOTE
Explanatory Note
The purpose of this By-law is to implement the Official Plan of the Town of Spanish and to
regulate the use of land and the character, location and use of buildings and structures in the
Town of Spanish. This By-law applies to all land within the Town of Spanish.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms to
the Official Plan for the Town of Spanish.
After the date of adoption of this By-law, any new development, redevelopment or alteration to
an existing use or building must comply with the regulations of this By-law before a building
permit can be issued. Applicants are encouraged to pre-consult with the Town on how the
zoning regulations apply.
Changes to the regulations contained in this By-law may be made with prior approval from the
Town as provided for under the Planning Act. Significant changes may require an amendment
to the Zoning By-law. Minor variances to the By-law may be granted by the Town's Committee
of Adjustment.
No person or public body shall submit an application for an amendment to this by-law before the
second anniversary of the day on which this by-law was passed unless Council has declared by
resolution that such an application is permitted in respect of a specific application, a class of
applications or in respect of such applications generally.
Minor Variances
Criteria for evaluating Minor Variances (section 45(1)) of the Planning Act):
(1)
The general intent and purpose of the Official Plan are maintained;
(2)
The general intent and purpose of the Zoning By-law are maintained;
(3)
The variance is minor; and
(4)
The proposed use of land, building or structure is desirable for appropriate development.
An application for a minor variance must meet all of the above four tests to be approved. Where
a proposed variance is not minor or cannot satisfy the criteria for a minor variance, an
amendment to this Zoning By-law may be required. Applications are available from the Town
office or on the website www.townofspanish.com
How long does a minor variance application take to be approved?
Upon the receipt of a complete application a minor variance application usually takes 1-2
months to complete. The level of complexity and issues related to the proposal will affect the
time line.
Zoning By-law Amendments
The Zoning By-law may be amended where the proposed amendment complies with the Town's
Official Plan. In accordance with the requirements of Section 34 of the Planning Act, the usual
procedure for amendments involves the following steps:
(1)
The person or public body wishing to amend the Zoning By-law must consult with the
municipality before making an application. The application may then be made to the Clerk
of the Corporation of the Town of Spanish to amend the By-law under (subsection
34(10.0.1) of the Planning Act). Applications are available from the Town office and may
be posted on the website www.townofspanish.com
(2)
Designated staff will determine whether the application is a 'complete' application.
Additional information, reports or studies may be required to support the proposed
amendment before the application is considered complete. Applicants are required to
submit a public consultation strategy as part of the application. Council has 30 days from
the date of application to determine whether the application is complete (s. 34(10.1-
10.3)). A complete application also requires that the Town's application fee is paid.
(3)
Once the application is considered complete, staff circulates to the applicant and
prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If
Council deems an application incomplete or does not make a decision within 30 days
from the date of application, the person or public body may appeal to the Local Planning
Appeal Tribunal (LPAT) to determine whether the application is complete (s. 34(10.5).
(4)
If an application is considered complete, Council advertises that a Public Meeting will be
held in order to consider the amendment to Zoning By-law. Advertisement is given 20
days in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be
placed in the local newspaper, or may be mailed, faxed or emailed to all property owners
within 120 m of the property affected by the application. Where the notice is mailed, the
applicant must also post a notice in a location that is visible from the adjacent street.
(5)
Council holds a Public Meeting and evaluates the appropriateness of the proposed
amendment. Council considers the proposal's conformity with the Official Plan, adequacy
of municipal services and public use facilities, conformity with the provisions of the
requested zone, suitability of the proposed use in the proposed location, public opinion,
etc. The application must also be consistent with the Provincial Policy Statement and must
also comply with the Growth Plan for Northern Ontario. If the application is considered
satisfactory, the amending By-law is passed by Council.
(6)
Within 15 days of the passing of the by-law, the Clerk will give written notice of the
decision through a notice by mail, fax or email to the applicant, to the Ministry of Municipal
Affairs and Housing (Sudbury), and to anyone who made a written request to receive
notice of a decision and the applicant (s. 34(10.9, 18)).
(7)
If Council refuses the application and does not amend the by-law, the Clerk must give
written notice with reasons for the refusal to the applicant. The notice must be given within
15 days of Council's decision.
(8)
Any person who gave their opinion at a public meeting or who submitted their concerns in
writing to the Clerk before the by-law was passed may appeal the decision of Council to
the Local Planning Appeal Tribunal. The appeal must be filed with the clerk within the 20
day appeal period set out in the notice of the passing of the by-law being given of
approval to the amendment to the Zoning By-law (s. 34(19)) and must include a cheque
for $300 payable to the Minister of Finance. If a person does not make an oral or written
submission prior to council passing the by-law, they may not appeal Council's decision.
(9)
If Council refuses to approve the application or Council does not make a decision within
150 days from the date the application the person or public body may appeal to the Local
Planning Appeal Tribunal (s. 34(11)). An appeal of a refusal must be made within 20 days
of the date of the decision or within 20 days of the lapsing of the 150-day period (s. 34(11,
11.0.2)).
(10)
Where an appeal is made, Council may opt for mediation or dispute resolution to resolve
the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the
appellant(s) is voluntary but where agreed to, the period for mediation is 75 days.
(11) An amendment to the Zoning By-law takes effect on the day the by-law was passed where
no appeal is filed.
(12) If a decision or lack of a decision is appealed to the Local Planning Appeal Tribunal, the
Tribunal can make any decision the Council of the Town had in regard to the specific
application (s. 34(26)). In other words, the LPAT can approve, or refuse the application or
approve the application in part.
How long does a zoning By-law amendment take to be approved?
Upon the receipt of a complete application (including any required supporting studies); a
zoning By-law amendment usually takes 2-3 months to complete. The level of
complexity and issues related to the proposal will affect the time line.
How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to locate the property
you are interested in. Identify the zone symbol that applies to that property. Zone
examples include R1, R, M1, and C1.
Step 2 - Verify status of any Zoning By-law Amendments
A Zoning by-law is not a static document; it is amended over time as demands and
policies governing land use change. Before proceeding any further, you should verify
that your property is not the subject of an earlier Zoning By-law Amendment. While the
Town strives to keep the By-law up-to-date, more recent amendments may not be
included in the version of the By-law you are using. Town staff will be able to assist you
to confirm if your property has been the subject of a more recent amendment.
Step 3 - Determine What Uses are Permitted in the Zone
Use the Permitted Uses section of your Zone to determine what use(s) is/are permitted
in the Zone you have identified. Run your finger down the list to find the use you are
interested in. If you find the use you are interested in, it is permitted in the Zone.
Otherwise, it is not permitted in that Zone.
Step 4 - Determine What Zone Regulations Apply
Once the use is determined to be permitted, move down to the Zone Regulations
section. In this section the regulations will indicate what the minimum regulations will
be, i.e. minimum lot area, lot frontage, building setbacks etc. These standards will help
you determine where you can locate a building or structure on your lot.
Step 5 - Determine if any General Provisions Apply
Development of the property may be affected by Section 4 (General Provisions).
General Provisions can apply to any zone anywhere in the municipality. This section
contains provisions that apply to such matters as Accessory Uses, Height Exceptions,
Home Based Businesses, etc. Use this section to determine how a particular land use
might be affected.
Step 6 - Clarify the Meaning of a Use
Throughout the By-law some words are shown in black italicized script. These words
are defined in Section 3 (Definitions). If you are unsure as to what a particular word
means or what the scope of a permitted use includes, then refer to the alphabetical list
of definitions to assist you. This section also contains illustrations which are intended to
help with understanding the definition.
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Table of Contents
Explanatory Note ....................................................................................... ii
Minor Variances ......................................................................................... ii
Zoning By-law Amendments ....................................................................... iii
How to Use this By-law .............................................................................. iv
Section 1
ADMINISTRATION .................................................................... 1
1.1
Title ............................................................................................... 1
1.2
Application and Building Permits ......................................................... 1
1.3
Defined Area .................................................................................... 1
1.4
Enforcement .................................................................................... 1
1.5
Penalty ........................................................................................... 2
1.6
Validity ........................................................................................... 2
1.7
Other By-laws, Licenses, Permits and Regulations .................................. 2
1.8
Conflict ........................................................................................... 2
1.9
Effective Date .................................................................................. 2
1.10
Metric and Imperial Terms ............................................................... 2
1.11
Level of Accuracy ........................................................................... 2
1.12
Defined Terms ............................................................................... 2
1.13
Diagrams and Figures ..................................................................... 2
1.14
Repeal of Existing By-laws ............................................................... 2
1.15
Reference to Legislation .................................................................. 3
1.16
Technical Revisions to the Zoning By-law ........................................... 3
Section 2
CONFORMITY REQUIREMENTS .................................................... 4
2.1
Compliance ..................................................................................... 4
2.2
Compliance of Severances ................................................................. 4
2.3
Application to Building ....................................................................... 4
2.4
Minor Variances................................................................................ 4
Section 3
DEFINITIONS ........................................................................... 5
3.1
General ........................................................................................... 5
3.2
Definitions ....................................................................................... 5
Section 4
GENERAL PROVISIONS ............................................................ 79
4.1
Accessory Buildings, Structures and Uses ........................................... 79
4.2
Automotive Service Station, Gas Bar, Car Wash................................... 85
4.3
Buildings to be Moved ..................................................................... 85
4.4
Change of Use ............................................................................... 85
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4.5
Cumulative Standards ..................................................................... 86
4.6
Established Building Line in Built-up Area ........................................... 86
4.7
Exception Zone .............................................................................. 86
4.8
Flood Plain .................................................................................... 87
4.9
Frontage on a Street ....................................................................... 88
4.10
Group Homes .............................................................................. 89
4.11
Home Based Businesses ................................................................ 89
4.12
Home Industries .......................................................................... 91
4.13
Illumination ................................................................................ 92
4.14
Kennel ....................................................................................... 93
4.15
Land Suitability For Use ................................................................ 93
4.16
Licenses, Permits and Other By-laws ............................................... 93
4.17
Loading/Delivery Space Regulations ................................................ 93
4.18
Minimum Distance Separation and Special Setbacks .......................... 93
4.19
Non-Complying and Non-Conforming Buildings and Structures ............ 96
4.20
Occupancy Restrictions ................................................................. 97
4.21
Open Storage and Outdoor Display ................................................. 98
4.22
Parking, Motor Vehicles, Bicycles and Drive-Through Facilities ............. 98
4.23
Parts of Buildings or Structures Permitted Above Height Level ............ 105
4.24
Permitted Projections .................................................................. 105
4.25
Prohibited Uses .......................................................................... 106
4.26
Sight Triangle............................................................................. 107
4.27
Signs ........................................................................................ 108
4.28
Storage Containers and Storage Trailers ......................................... 108
4.29
Streets, Parks, Playgrounds and Community Gardens ....................... 110
4.30
Temporary Buildings or Structures During Construction ..................... 110
4.31
Use by Public Authority or Public Utility .......................................... 110
4.32
Water and Sewage Disposal Systems ............................................. 111
4.33
Wellhead Protection Area ............................................................. 111
4.34
Zones Applying to More than One Properties ................................... 115
Section 5
ZONES ................................................................................ 116
5.1
Zone Classification ......................................................................... 116
5.2
Zones .......................................................................................... 116
5.3
Use of Zone Symbols ..................................................................... 116
5.4
Holding Zone "h" Designation .......................................................... 116
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5.5
Interpretation of Zone Boundaries .................................................... 117
5.6
Exception Zones ............................................................................ 117
Section 6
LOW DENSITY RESIDENTIAL (R1) ZONE .................................... 118
6.1
Permitted Uses .............................................................................. 118
6.2
Zone Regulations ........................................................................... 118
6.3
Additional Regulations .................................................................... 120
Section 7
MEDIUM RESIDENTIAL (R2) ZONE ........................................... 121
7.1
Permitted Uses .............................................................................. 121
7.2
Zone Regulations ........................................................................... 121
7.3
Additional Regulations .................................................................... 123
Section 8
APARTMENT RESIDENTIAL (R3) ZONE ...................................... 124
8.1
Permitted Uses .............................................................................. 124
8.2
Zone Regulations ........................................................................... 124
8.3
Additional Regulations .................................................................... 126
Section 9
INSTITUTIONAL (I) ZONE ....................................................... 127
9.1
Permitted Uses .............................................................................. 127
9.2
Zone Regulations ........................................................................... 127
9.3
Additional Regulations .................................................................... 128
Section 10 GENERAL COMMERCIAL (C1) ZONE .......................................... 130
10.1
Permitted Uses ........................................................................... 130
10.2
Zone Regulations ........................................................................ 131
10.3
Additional Regulations ................................................................. 132
Section 11 TOURIST COMMERCIAL (C2) ZONE ........................................... 133
11.1
Permitted Uses ........................................................................... 133
11.2
Zone Regulations ........................................................................ 133
11.3
Additional Regulations ................................................................. 135
Section 12 SERVICE COMMERCIAL/LIGHT INDUSTRIAL (MC) ZONE ............... 136
12.1
Permitted Uses ........................................................................... 136
12.2
Zone Regulations ........................................................................ 137
12.3
Additional Regulations ................................................................. 137
Section 13 GENERAL INDUSTRIAL (M1) ZONE ........................................... 138
13.1
Permitted Uses ........................................................................... 138
13.2
Zone Regulations ........................................................................ 138
13.3
Additional Regulations ................................................................. 139
Section 14 RURAL INDUSTRIAL (M2) ZONE ............................................... 140
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14.1
Permitted Uses ........................................................................... 140
14.2
Zone Regulations ........................................................................ 140
14.3
Additional Regulations ................................................................. 141
Section 15 RAILROAD INDUSTRIAL (M3) ZONE .......................................... 142
16.1
Permitted Uses ........................................................................... 142
16.2
Zone Regulations ........................................................................ 142
16.3
Additional Regulations ................................................................. 142
Section 16 MINERAL AGGREGATE RESOURCE EXTRACTION (MX) ZONE ......... 143
16.1
Permitted Uses ........................................................................... 143
16.2
Zone Regulations ........................................................................ 143
16.3
Additional Regulations ................................................................. 144
Section 17 MINING (MM) ZONE ............................................................... 145
17.1
Permitted Uses ........................................................................... 145
17.2
Zone Regulations ........................................................................ 145
17.3
Additional Regulations ................................................................. 145
Section 18 WASTE MANAGEMENT (WMF) ZONE ......................................... 147
18.1
Permitted Uses ........................................................................... 147
18.2
Zone Regulations ........................................................................ 147
18.3
Additional Regulations ................................................................. 147
Section 19 RURAL (RU) ZONE ................................................................. 148
19.1
Permitted Uses ........................................................................... 148
19.2
Zone Regulations ........................................................................ 149
19.3
Additional Regulations ................................................................. 150
Section 20 PARKS AND OPEN SPACE (OS) ZONE .......................................... 151
20.1
Permitted Uses ........................................................................... 151
20.2
Zone Regulations ........................................................................ 151
20.3
Additional Regulations ................................................................. 152
Section 21 RESTRICTED OPEN SPACE AND WATERFRONT (ROS) ZONE .......... 153
21.1
Permitted Uses ........................................................................... 153
21.2
Zone Regulations ........................................................................ 153
21.3
Additional Regulations ................................................................. 154
Section 22 LAKESHORE DEVELOPMENT (LD) ZONE ..................................... 155
22.1
Permitted Uses ........................................................................... 155
22.2
Zone Regulations ........................................................................ 155
22.3
Additional Regulations ................................................................. 156
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Section 23 ENVIRONMENTAL PROTECTION (EP) ZONE ................................ 157
23.1
Permitted Uses ........................................................................... 157
23.2
Zone Regulations ........................................................................ 157
23.3
Additional Regulations ................................................................. 157
24
ZONE EXCEPTIONS .......................................................................... 158
24.1
General ..................................................................................... 158
24.2
Exceptions to the By-law .............................................................. 158
APPENDIX 'A' ............................................................................................ 1
SPECIAL EXCEPTION ZONES ....................................................................... 1
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For example, a site plan drawn to scale should be prepared which
illustrates
The true dimensions of the lot to be built upon;
The proposed location, height and dimensions of any proposed
building or structure;
The setbacks of all existing and proposed buildings or structures
from the nearest lot lines, the location and dimensions of parking
spaces (conventional and barrier-free), parking aisles, parking
areas and loading spaces;
The location of sewage disposal systems and/or wells on the
property and/or on abutting properties;
Where the proposed building is to be used for residential
purposes, the location of all livestock facilities within 0.5 km [0.31
mi] of the proposed dwelling.
Section 1 ADMINISTRATION
1.1 Title
This By-law shall be known as the Zoning By-law or By-law No. 2018-62 of the
Corporation of the Town of Spanish and shall consist of the text and one or more
schedules attached hereto.
1.2
Application and Building Permits
In addition to the requirements of the Town of Spanish Building By-law, every planning
application or application for a building permit shall be accompanied by information
required to determine compliance with this By-law. The regulations of this By-law must
be met before a building permit is issued by the Municipality for the erection of any
building or structure.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of
the Corporation of the Town of Spanish.
1.4
Enforcement
This By-law shall be enforced by the Clerk or such other persons as may from time to
time be designated by Council, and no permit for the use of land or for the erection or
use of any building or structure or approval of application for any municipal license
within the jurisdiction of the Council shall be issued or given where the proposed
building, structure or use would be a violation of any provision of this By-law.
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It names
the By-law, states its relationship with other By-laws, defines the area to which it applies,
how it is to be enforced, etc. In essence, it identifies the legal parameters within which
the By-law functions.
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1.5
Penalty
Any person who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O.,
1990, c. P.13, as amended.
1.6
Validity
A decision of a Court stating that one or more of the provisions of this By-law are invalid
in whole or in part does not affect the validity, effectiveness, or enforceability of the other
provisions or parts of the provisions of this By-law.
1.7
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in the Town of Spanish, or from applying for and obtaining any permit,
license, permission, authority or approval required by this or any other By-law or
regulation of the Corporation or by any requirement of the Province of Ontario or the
Government of Canada.
1.8
Conflict
In the event of a conflict between this By-law and amendments thereto, and any general
or special By-law, the most restrictive By-law shall prevail.
1.9
Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act.
1.10 Metric and Imperial Terms
The imperial measurements contained in this By-law are included for convenience and
do not form part of the By-law. The metric measurements contained in this By-law are
the only measurements to be used in determining compliance with the By-law.
1.11 Level of Accuracy
All calculations of the regulations of this By-law shall be to one decimal place, and in no
case shall there be a rounding to such decimal place.
In the event of any conflict between the zone regulations of this By-law, the more
restrictive regulation(s) shall apply.
1.12 Defined Terms
All defined terms are shown in bold italicised script throughout this By-law.
1.13 Diagrams and Figures
This By-law contains a number of diagrams and Figures which are intended to assist
with the interpretation of the By-law; however, they do not form part of this by-law.
1.14 Repeal of Existing By-laws
Upon this By-law coming into effect, any zoning By-laws or amendments thereto passed
under Section 34 of the Planning Act or a predecessor thereto are hereby repealed. The
adoption of this By-law shall not prevent any current, pending or future prosecution or
action to abate any existing violation of previous By-laws.
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The adoption of this By-law shall not prevent any pending or future prosecution of, or
action to abate any existing violation of the said By-laws if the violation is also a violation
of any of the provisions of this By-law.
1.15 Reference to Legislation
Where this Zoning By-law makes reference to legislation, then the references shall be
deemed to mean the statute currently in force and any amendments thereto and all
applicable regulations thereunder.
1.16 Technical Revisions to the Zoning By-law
Revisions may be made to this by-law without the need for a zoning by-law amendment
in the following cases:
1. Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the By-law.
2. Adding or revising technical information on the zoning maps or schedules that
does not affect the zoning of lands including, but not limited to, matters such as
updated and correcting infrastructure information, keys, legends or title blocks.
3. Changes to appendices, headings indices, marginal notes, table of contents,
illustrations, historical or reference information, page numbering, footers or
headers, which do not form part of this By-law and are editorially inserted for
convenience or reference only.
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Section 2 CONFORMITY REQUIREMENTS
2.1
Compliance
No land, building or structure shall be used and no building or structure shall be
erected or enlarged, altered or placed for any purpose within the area defined by this
By-law, except as specifically, or by necessary implication, authorized by this By-law and
in conformity with all the applicable provisions of this By-law.
2.2
Compliance of Severances
Subject to the granting of such minor variances as may be approved, no lands shall be
severed from any existing lot if the effect of an approval for severance is to cause the
original, adjoining, remaining or new building, structure, lot or use of land to be in
contravention of any provision of this By-law.
2.3
Application to Building
Where a use does not take place within a building, but a regulation in this By-law
imposes a requirement premised on the use being in a building, the requirement applies,
with necessary modifications, as though the actual area occupied by the use was in a
building.
2.4
Minor Variances
All minor variances applied for prior to the enactment of this By-law and finally approved
pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall
continue to apply and remain in force as if they are variance to this By-law.
Explanatory Note
This short section establishes the authority of the By-law. It requires that all land
uses, buildings and structures must comply with this Zoning By-law.
Examples could include a flea market with vending booths, or a manure storage area
that is part of a farm.
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Section 3 DEFINITIONS
3.1
General
Definitions of words and phrases used in this By-law that are not included in
the list of definitions in Section 3 shall have the meanings that are commonly
assigned to as defined in a dictionary.
3.2
Definitions
Accessory
When used to describe a use, building or structure, shall mean a use, building or
structure naturally or normally incidental, subordinate and exclusively devoted to a
principle use, building or structure and located on the same lot therewith [see Figure
3.1].
Accessory Dwelling - see dwelling, Accessory
Accessory Apartment - see Dwelling - Accessory
Apartment
Accessory Dwelling Unit - see Dwelling, Accessory
Dwelling Unit
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this
Section shall govern. In this By-law, the word "shall" is mandatory and not
directory; words in the singular include the plural, words in the plural include the
singular; the word "used" includes "arranged", "designed" or "intended to be used".
The word "occupied" shall include "designed to be occupied" and "arranged to be
occupied".
Examples of accessory
buildings or structures are a
detached garage, a storage
shed, a swimming pool or a
satellite dish. Examples of
accessory uses are a home
based business, an
apartment above a store, or
a retail outlet within a
manufacturing plant.
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Adult Entertainment Parlour
Means any premises or part thereof in which is provided, in pursuance of a trade,
calling, business or occupation, services appealing to or designed to appeal to erotic or
sexual appetites or inclinations and for the purposes of this definition, the following terms
shall be interpreted as follows:
1. "To provide" when used in relation to services includes to furnish, perform, solicit,
or give such services and "providing" and "provision" have corresponding
meanings;
2. "Services" includes activities, facilities, performances, exhibitions, viewings and
encounters, but does not include "goods" including books, clothing, magazines,
pictures, slides and audio and/or video recordings;
3. "Services designed to appeal to erotic or sexual appetites or inclinations"
includes:
a) Services of which a principal feature or characteristic is the nudity or
partial nudity of any person; or
b) Services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or any other word or picture, symbol or
representation having like meaning or implication is used in any
advertisement.
Figure 3.1: Accessory Building and Main Building
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Adult Video Rental Outlet
Shall mean an establishment where pre-recorded video tape, video discs, game
cartridges, video cameras or video players/recorders are offered for rent or rented as a
principle or accessory business activity and includes the sale of electronic home
entertainment products, computer disks, software, CD-ROMs or other computerized
systems designed or advertised as designed to appeal to erotic or sexual appetites or
inclinations.
Adventure Game
Means an outdoor sport or recreation commercial establishment operated
commercially in which participants engage in games mimicking combat-type roles and
which may include the use of paint ball or similar equipment.
Adverse Effects
As defined in the Environmental Protection Act, means one or more of:
1. Impairment of the quality of the natural environment for any use that can be
made of it;
2. Injury or damage to property or plant or animal life;
3. Harm or material discomfort to any person;
4. An adverse effect on the health of any person;
5. Impairment of the safety of any person;
6. Rendering any property or plant or animal life unfit for human use;
7. Loss of enjoyment of normal use of property; and
8. Interference with normal conduct of business.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite,
rock or other material prescribed under the Aggregate Resources Act suitable for
construction, industrial, manufacturing and maintenance purposes but does not include
metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc,
wollastonite, mine tailings or other material prescribed under the Mining Act or the
Aggregate Resources Act.
Agricultural Use
Means the use of land, building(s) or structure(s) for:
1. The growing of crops, including but not limited to nursery and horticultural crops
and all related activities such as soil preparation, manure or fertilizer spreading,
planting, spraying, grain drying, irrigating, harvesting and also including the
storage and sale of the crops produced on the lands.
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2. Animal husbandry including the raising, boarding, and keeping of all forms of
livestock, including poultry and fish, aquaculture, apiaries and all related activities
such as breeding, training, feeding and grazing.
3. Agro-forestry, maple syrup production.
4. The production of animal products including but not limited to milk, eggs, wool,
fur, or honey, and all related activities such as the collection, storage and sale of
the products produced on the lands.
5. The use and storage of all forms of on-farm buildings and structures, equipment
or machinery needed to accomplish the foregoing activities.
6. Agricultural use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm
produce outlet) or manufacturing and processing activities involving farm crops or
animal products such as cheese factories, grain mills or retail seed sales.
Agricultural Related Use
Means the use of land, buildings or structures which are farm-related commercial and
farm-related industrial uses that are directly related to farm operations in the area,
support agriculture, benefit from being in close proximity to farm operations, and provide
direct products and/or services to farm operations as a primary activity.
Aisle
Means the traveled way by which motor vehicles enter and depart parking spaces or
loading/delivery spaces or a parking area.
Alter
When used in reference to a building, structure or part thereof, means:
1. To change any one or more of the internal or external dimensions of such
building or structure; or
2. To change the type of construction of the exterior walls or roof of such building
or structures; or
3. To change the use of such building or structure or the number or types of uses
or dwelling units contained therein.
When used in reference to a lot means:
1. To change the boundary of such lot with respect to a street or lane, whether
such alteration is made by conveyance or alienation of any portion of the lot, or
otherwise; or
2. To change any dimension or area, relating to such lot (e.g. width, depth or area
of a lot or required yard, landscaped open space or parking area); or
3. To change the use of such lot or the number of uses located thereon.
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When used in reference to a shoreline means to change, straighten, divert or interfere in
any way with the channel of any water body or the lands surrounding the high water
mark of a water body.
Altered and alteration shall have corresponding meanings.
Alternative energy system
Means a system that uses sources of energy or energy conversion processes to
produce power, heat and/or cooling that significantly reduces the amount of harmful
emissions to the environment (air, earth and water) when compared to conventional
energy systems.
Ambulance Facility
Means a building or part thereof where professional paramedics and personnel are
stationed and their motor vehicles and equipment are kept or stored.
Animal Day Care Establishment
Means commercial premises used for a day care service for domestic pets, but shall not
include an animal shelter or kennel.
Animal Shelter
Means a building, structure where animals, birds or other livestock are examined or
treated and which may be kept on a short term basis, and may include the premises of
a veterinarian or veterinary surgeon, but does not include a commercial kennel.
Apartment Building - see Dwelling - Apartment
Arcade or Video Arcade
Means a place of amusement used for the maintenance and operation of four or more
amusement devises for use by the general public.
Archaeological Resources
Means artifacts, archaeological sites, and marine archaeological sites as defined under
the Ontario Heritage Act.
Artisan Shop or Studio - see Studio
Asphalt Plant
Means an industrial facility used for the production of asphalt for immediate use in the
paving of roads and driveways and the damp-proofing of buildings or structures.
Assembly Hall - see Place of Assembly
Attached
Means a building or structure otherwise complete in itself which is connected to, and
which depends for structural support upon a division wall or walls shared in common
with an adjacent building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly or partly within
the roof framing.
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Auction Hall
Means a building, a structure or parts thereof, or any lands or premises used for the
storage of goods or materials which are to be sold on the premises by public auction
and for the sale of the said goods and materials by public auction. An auction barn shall
be included within this definition.
Auditorium - see Place of Assembly
Auto Body Shop
Means a building or structure where painting, refinishing, restoration, alterations, or
repairs are made to motor vehicles and where the services are performed for gain or
profit, but does not include a wrecking or salvage yard or auto repair garage.
Auto Repair Garage
Means a building or structure for the storage, repair and servicing of motor vehicles
or recreational vehicles performed for gain or profit.
Automotive Sales Establishment
Means land or buildings used for the display, storage and sales or leasing, or renting of
new and/or used motor vehicles and recreational vehicles and related products, and
may include accessory uses such as an Auto Repair Garage and/or Auto Body
Shop, as defined, administrative offices and a customer lounge.
Automotive Service Station
Means a building and/or lot used for the sale of fuels or energy products, for motor
vehicles or recreational vehicles and may include an auto repair garage, the renting,
servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of
automotive accessories and related products, but shall not include any other automotive
use defined in this By-law [see also Gas Bar].
Automobile Wrecking Yard - see Wrecking or Salvage Yard
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Bakery
Means a factory for producing, mixing, compounding or baking bread, biscuits, ice cream
cones, cakes, pies, buns, or any other bakery product of which flour or meal is the
principal ingredient, but does not include a restaurant or other premises where any such
product is made for consumption on the premises or a bake shop.
Bake Shop
Means a shop where products of a bakery are sold or offered for sale by retail, including
incidental baking of products for retail sale on the premises only.
Balcony
Means an open platform projecting from the face of a building's wall, cantilevered or
supported by columns or brackets and surrounded by a balustrade or railing.
Bank
Means a chartered bank, finance company office, co-op, trust company, loan company
or similar establishment.
Barrier Free
Means that which can be approached, entered and used by persons with physical or
sensory disabilities
Basement
Means that portion of a building below the first floor which is partly underground. [See
Figure 3.4]
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used
in building or construction and includes but is not limited to facilities for the
administration or management of the business, the stockpiling of bulk materials used in
the production process of finished products manufactured on the premises and the
storage and maintenance of equipment.
Bed and Breakfast Establishment
Means a private single detached dwelling in which a maximum of three (3) guest
rooms are provided for hire or pay as temporary accommodation on a daily basis with a
breakfast service for the travelling or vacationing public as an accessory use and where
the proprietor lives on the premises.
Bicycle Parking Space
Means a designated area for the exclusive parking of bicycles equipped with a rack or
stand designed for the locking of a bicycle wheel or frame.
Bingo Hall
Means a building or part thereof used for bingo or a bingo event.
Boarding House
Means a dwelling other than a single-detached dwelling which contains three (3) or
more rooming units wherein, for remuneration, lodgings, with or without meals, are
provided to the public.
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Boat House
Means a one-storey accessory building used for the storage of boats and boating
equipment.
Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats,
marine vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a
dock, boat house or other mooring facility.
Brewery or Winery
Means a building used primarily for the manufacturing, processing and distribution of
beer, cider and wine and may include an accessory retail outlet.
Building
Means any structure consisting of walls, roof and floors used or intended for sheltering
any use or occupancy. The word "building" shall include the whole of such structure or
part thereof.
Building, Accessory - see Accessory
Building Envelope
Means the buildable area on a lot, defined by all of the required yards and setbacks and
the maximum height provisions, within which a building can be erected [see Figure
3.2].
Building Height - see Height
Building Inspector or Building Official - see Chief Building Official
Building, Main
Means a building in which is conducted the principle uses of the lot on which the
building is located [see Figure 3.1].
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Building Line
Means a line within a lot drawn parallel or concentric to (i.e. follows) a lot line establishing
the minimum distance between that lot line and any portion of a building or structure
which may be erected [see Figure 3.3].
Figure 3.2: Building Envelope
Figure 3.3: Building Line
Formatted: Font: (Default) Ebrima
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Building, Mixed Use
Means a building containing more than one land use (e.g. retail commercial and
residential, office and residential, industrial and retail) that are designed and constructed
as a single building.
Building Separation
Means the least horizontal distance permitted between the nearest portions of the walls
of any buildings on a lot [see Figure 3.4].
Building Supply Store or Depot
Means a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, hardware, air conditioning, home improvement and similar
goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk
storage yard. This definition shall not include a wrecking yard.
Building, Temporary
Means a building or structure intended for removal or demolition within a prescribed
time period not exceeding two years or as set out in a building permit.
Built Heritage Resources
Means buildings, structures, monuments, installations or any manufactured remnant
that contributes to a property's cultural heritage value or interest as identified by a
community, including an Aboriginal community. Built heritage resources are generally
located on property that has been designated under Parts IV or V of the Ontario Heritage
Act, or included on local, provincial or federal registers.
Figure 3.4: Building Separation
Formatted: Font: (Default) Ebrima, Bold
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Bulk Fuel Depot
Means lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales or key lock operations.
Bulk Storage Yard
Means land or a lot used for the storage in the open or partially sheltered, of goods and
materials and without limiting the foregoing shall include lumber, building supplies,
construction equipment, but shall not include a wrecking yard.
Bunkhouse
Means a building designed or used for the accommodation of up to 30 workers and may
include sanitary facilities, a kitchen and sleeping accommodation.
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Cannabis
Means a cannabis plant, including the phytocannabinoids produced by or found in
such a plant regardless of whether that part has been processed or not and any
substance or mixture of substances that contains or has on it and part of such a
plant and any substance that is identical to a phytocannabinoid produced by or
found in such a plant regardless of how the substance was obtained.
Cannabis Retail Store or Dispensary
Means any use of land, building, structure or part thereof used for the retail sale of
cannabis or any product or substance produced in whole or part from cannabis, and
shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario
Cannabis Retail Corporation Act, 2017.
Camp (Hunt Camp, Fishing Camp)
Means a building or
structure intended to provide
basic shelter and
accommodation on a
temporary basis for persons
engaged in such activities as
hunting, fishing,
snowmobiling, hiking or other
similar forms of recreation but
does not include a seasonal
dwelling.
Campground
Means an area of land,
managed as a unit, providing
short term accommodation or
overnight camping for tents,
tent trailers, recreational vehicles or truck campers. A campground may include
accessory uses, buildings and structures such as an accessory dwelling,
laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane
fuels or firewood or other goods or supplies and equipment rentals that are accessory to
the operation of the campground.
Camp Site
Means a parcel of land within a campground that is maintained as a site for the location
of a tent, tent trailer, recreational vehicle or truck camper, but not a mobile home.
Canopy
Means a roof-like structure projecting from the exterior face of a building or is a stand-
alone structure over a pump island or gas bar.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering
of one or more motor vehicles. A car port attached to the main building is not an
accessory structure. [See Figure 3.5]
Figure 3.5: Car Port
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Cardlock Facility
Means an automated, open 24/7/365, unattended fueling sites designed for commercial
fleet vehicles or cardholders.
Car Rental Agency
Means the use of land, or building or structure where motor vehicles are kept for lease
and where such vehicles may be dropped off or picked up.
Car Wash
Means a commercial building or portion thereof used for the washing or cleaning of
motor vehicles. A car wash may be an accessory use.
Catering Establishment
Means a commercial establishment or a home based business in which food and
beverages are prepared for consumption off the premises and are not served to
customers on the premises.
Cellar
Means the portion of the building below the first floor, which is partly or wholly
underground and which has more than one-half of its height from floor to ceiling or to the
underside of the floor joists below the finished grade [see also Basement and Figure 3.6]
Cemetery
Means a cemetery within the meaning and as regulated by the Funeral, Burial and
Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building
or structure intended for the interment of human remains.
Cemetery, Pet
Means a use of land for the interment of cremated domestic pet remains.
Chief Building Official
Means an officer or employee of the Corporation charged with the duty of enforcing the
provisions of the Building Code Act.
Figure 3.6: Cellar and Basement
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Church - see Place of Worship
Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis
and treatment of patients, by two (2) or more qualified health practitioners and without
limiting the generality of the foregoing, the building may include administrative offices,
waiting rooms, laboratories, professionals (e.g. physicians, dentists, optometrists,
chiropodists, chiropractors or drugless practitioners), and without limiting the generality of
the foregoing, the building may include administrative offices, waiting rooms,
laboratories, pharmacies or dispensaries directly associated with the clinic.
Club, Private
Means a building or part of a building used as a meeting place by an association of
persons who are bona fide members, which owns, hires or leases the building or part
thereof, the use of such premises being restricted to members and their guests for
social, cultural, recreational, business or athletic purposes.
Commercial Parking Lot
Means a lot forming the principal use of the land which is used for the temporary parking
of two or more motor vehicles for profit or gain.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body
and includes ambulances, hearses, fire apparatus, police patrols, motor buses and
tractors used for hauling purposes on the highway.
Communications Facility
Means an installation which transmits receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone
tower, radio or television broadcast tower or similar facility approved by Industry Canada.
Community Centre - see Place of Assembly
Community Garden
Means a site operated by community members and/or a community organization where
municipally owned lands are used for the growing of produce, flowers and native plants
for non-profit use through individual or shared plots located on municipally owned lands.
Community Recycling Facility
Means a building or structure used for the collection, storage, redistribution and sale of
reusable goods and materials to the general public and may also include a public
education and/or an office facility. A recycling facility shall not include "on site" processing
or manufacturing.
Consent
Means a lot created pursuant to the provisions of Section 53 of the Planning Act, R.S.O,
c. P.13, as amended.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority
use given to preservation, protection or conservation of their ecological uniqueness,
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wildlife production and their natural features and may include non-commercial
recreational uses.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities
for the administration or management of the business and the stockpiling or storage of
supplies used in the business, but does not include the crushing of virgin or recyclable
aggregates or materials and the wholesale or retail sale of building supplies or home
improvement supplies.
Continuum-of-Care Facility
Means a building or a group of buildings which may include a senior citizens apartments
building, a nursing home, a long-term care facility, home for the aged, a retirement home
and facilities associated with, and designed specifically to serve the senior or disabled
population such as clinics, recreation centers, cafeterias and personal service
establishments, and may also include independent senior's accommodation in separate
structures/living units that share in services such as meals. This definition does not
include a group home, boarding house or chronic care facility.
Convenience Store or Confectionary Store
Means a retail store used primarily for the sale of grocery and other daily household
necessities required to fulfil the day-to-day needs of the surrounding community.
Convention Facility - see Place of Assembly
Corporation
Means the Corporation of the Town of Spanish except where reference is made in this
By-law to a private corporation, in which case the definition shall mean a body corporate
with share capital to which the Business Corporations Act applies.
Cottage Industry - see Home Based Business
Council
Means the Council of the Corporation of the Town of Spanish.
Coverage - see Lot Coverage
Crisis Care Facility
Means a residential facility that is licensed and funded by the Province of Ontario,
Government of Canada or an appointed agency, for the short term, temporary care of
persons requiring immediate emergency shelter and aid who are living under supervision
in a single housekeeping unit and who by reason of their emotional, mental, social or
physical condition or legal status, require a group living arrangement for their wellbeing.
Cultural Heritage Landscape
Means a defined geographical area that may have been modified by human activity and
is identified as having cultural heritage value or interest by a community, including an
Aboriginal community. The area may involve features such as structures, spaces,
archaeological sites or natural elements that are valued together for their
interrelationship, meaning or association.
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Custom Workshop
Means a building or structure or part of a building or structure used by a trade or craft
for the individual custom production of articles. The sale of such products shall be
permitted as an accessory use.
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Day Lighting Triangle - see Sight Triangle
Day Care, Private Home
Means the use of a dwelling unit for the temporary care of five or fewer children who are
under ten years of age, in exchange for reward or compensation and where such care is
provided in a private residence, other than the home of a parent or guardian of any such
child, for a continuous period not exceeding twenty-four hours.
Day Nursery
Means an establishment for pre-school-aged children governed by the Child Care and
Early Years Act.
Deck
Means a structure above the ground cantilevered from a dwelling or building or
supported by the ground with no roof or walls except for visual partitions and which is
used as an outdoor living area.
Detached
When used in reference to a building or structure, means a building or structure which
is not structurally dependent on, nor adjoins on any side, any other building.
Development
Means the creation of a new lot, a change of land use, or the construction of buildings
and structures requiring approval under the Planning Act and shall be taken to include
redevelopment, but does not include activities that create or maintain infrastructure
authorized under an environmental assessment process, works subject to the Drainage
Act, or underground or surface mining of minerals or advanced exploration on mining
lands.
Dish Antenna - see Satellite Dish/Receiver
Dock
Means an accessory structure used for the mooring of boats, marine vessels or
watercraft which is designed to float freely on the surface of the water and which may be
secured or anchored to the shoreline.
Dormitory
Means a building designed or used to provide temporary lodging accommodation of
miners, mining staff, contracted staff, mill employees or students and may include such
facilities as an administrative office, cafeteria, recreational hall and living units, and where
each living unit may contain washroom and kitchen facilities.
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant
or a window or an automated machine, to persons remaining in motor vehicles that are
in a designated queuing space, and may be in combination with other land uses. Kiosks
within a parking structure necessary for the operation of the parking facility or kiosks
associated with a surface parking area are not considered drive through facilities.
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Driveway
Means an unobstructed passageway used to provide access to a lot from a street or
lane.
Driving Range
Means a public or private area operated for the purpose of developing golfing
techniques, including miniature golf courses, but excluding a golf course.
Dry Cleaning or Laundry Outlet means a premises used for the purpose of receiving
articles or goods of fabric to be subjected to the process of laundering or dry cleaning at
another location and may include facilities for the pressing or ironing of such articles.
Dry Cleaning or Laundry Plant means premises in which the business of laundry or dry
cleaning is housed and where the cleaning, drying, ironing and finishing of such goods
are conducted.
Dwelling
Means a building or part of a building occupied or capable of being occupied as the
home or residence, or sleeping place, by one or more persons, where food preparation
and sanitary facilities are provided, but shall not include a hotel or motel.
Dwelling - Accessory
Means a fully-detached dwelling which is accessory to a permitted non-residential use.
Dwelling - Apartment
Means a building containing three (3) or more dwelling units but shall not include a row
or townhouse dwelling [see Figure 3.7].
Dwelling - Accessory Apartment
Means a self-contained dwelling unit which is accessory to and located within or
attached to a main building used for a permitted non-residential use on the same lot.
Dwelling - Converted
Means an existing single detached dwelling which has or may be altered or converted
to contain two (2) or more dwelling units but not more than four (4).
Dwelling - Duplex
Means a building that is divided horizontally into two (2) dwelling units, each of which
has an independent entrance [see Figure 3.7].
Dwelling - Group or Group Housing or Group Housing Project
Means a combination of dwelling types (e.g. semi-detached, triplex, row housing, and
apartments) where there are two or more such dwellings located on the same lot, which
lot is retained under one ownership or registered and in compliance with the
Condominium Act.
Dwelling - Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or
manufactured in accordance with standards set out in the Building Code and designed to
provide a permanent residence for one or more persons, but does not include a
recreational vehicle.
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Dwelling, Modular
Means any dwelling that is designed and built in more than one unit and is designed to
be made mobile on a temporary basis, and constructed or manufactured off-site to
provide a permanent residence for one or more persons, but does not include a
recreational vehicle.
(Note: a prefabricated or manufactured home shall have the same meaning. Such dwelling types
are distinguished from mobile homes which are built on a chassis and transported on their own
wheels.)
Dwelling - Multiple Unit
Means a separate building designed exclusively to contain three (3) or more dwelling
units.
Dwelling - Park Model Trailer
Means a manufactured building designed and constructed in conformance with
CAN/CSA-Z241 Series M "Park Model Trailer", as set out in the Building Code, and is
used or intended to be used for seasonal accommodation.
Dwelling - Row or Townhouse
Means a building that is divided vertically into three (3) or more dwelling units, each of
which has an independent entrance at grade. [See Figure 3.7]
Dwelling - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal
place of residence of the owner or occupier thereof (e.g. cottage).
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling
units by a common wall [see Figure 3.7].
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit [see Figure 3.7].
Dwelling - Triplex
Means a building on a single foundation divided into three (3) separate dwelling units,
each of which has an independent entrance either directly from the outside or through a
common vestibule [see Figure 3.7].
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Dwelling - Two-Unit
Means a dwelling containing two
(2) dwelling units and for the
purpose of this By-law a Two-
Unit Dwelling may include a
semi-detached dwelling, a
duplex dwelling, but shall not
include a converted dwelling or
a dwelling containing a
secondary dwelling unit.
Dwelling Unit
Means one or more habitable
rooms or suites of two or more
rooms, designed or intended for
use by and occupied by one or
more individuals as a household
in which separate culinary and
sanitary facilities are provided for
the exclusive use of such
household, and with a private
entrance from outside the
building or from a common
hallway or stairway inside the
building.
Dwelling Unit - Second Residential Unit
Means a second dwelling unit within a permitted single detached dwelling, semi-detached
dwelling, row house that does not otherwise contain an ancillary residential unit (see
i
l
l
u
s
t
r
a
t
i
o
n
s
)
.
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Dwelling - Tiny House or Small House
Means a dwelling having a gross floor area of less than 46.45 m2 [500
ft.2].
Dwelling Unit Area
Means the floor area of a dwelling unit measured within the interior
faces of the exterior walls of the dwelling unit. The unfinished floor
area in the basement shall not be included in the calculations of the
dwelling unit area.
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Figure 3.7: Dwelling Types
Town of Spanish Zoning By-law
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Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of
another and shall be deemed to include an easement for a water, sewer, gas or hydro or
communications utility, drainage works, and a street, or road.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Entrance
Means in reference to a lot, the area of intersection between a driveway and a street
line.
Equestrian Establishment
Means the use of land, buildings and structures for operation of a horse riding
academy or horse riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery,
equipment, furniture and fixtures and other goods.
Equipment Sales, Service and Repair Establishment
Means a building or part of a building and land where machinery or equipment for use
in construction undertakings, commercial vehicles, and other similar goods are kept for
sale at retail or wholesale and which may be serviced, washed or repaired and may
include an auto body shop. (Examples include farm equipment, back hoes, floats or
trailers.)
Equipment and Vehicle Storage Yard
Means an uncovered area of land which is used for the storage of machinery and
equipment for construction undertakings, commercial vehicles, and other similar goods
requiring large areas for outside storage. Limited repair of such machinery, equipment,
vehicles and goods may be permitted in a building provided such repair is clearly
incidental and secondary to the storage use.
Erect
Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
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Established Building Line
Means the average setback from the street line of existing buildings measured not
more than 100 m [328 ft.] on one side of one block where more than one-half of the
frontage of the same side of a block has been built upon [see Figure 3.8].
Established Grade
Means:
1. When used with reference to a building, the average elevation of the finished
level of the ground adjoining a wall of the building, measured along the length of
the wall, exclusive of any artificial embankments, planters, berms or steps [see
Figure 3.9];
2. When used with reference to a structure, the average elevation of the finished
surface of the ground immediately surrounding such structure;
3. When used with reference to a street, road or highway, the elevation of the street,
road or highway established by a public authority.
Existing
Means existing as of the date of the passing of this By-law.
Exterior Side Lot Line - see Lot Line, Exterior Side
Exterior Side Yard - see Yard, Exterior Side
Figure 3.8: Established Building Line
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Figure 3.9: Established Grade
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Factory Outlet
Means a premise accessory to a permitted industrial use where products or goods that
are manufactured or produced on site by that industry are kept for wholesale or retail sale
on the same lot as the principle industrial use.
Fairground
Means land, buildings and structures used for entertainment, agricultural and related
exhibits, competitive events, food concessions, a carnival or midway which are conducted
on a seasonal or temporary basis and may include grandstands, barns and other
accessory buildings and structures normally associated with such a use.
Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and
other staple crops. This definition shall also apply to land used for animal husbandry,
dairying or wood lots [see also Agricultural Use].
Farm, Hobby
Means land on which a farm may be operated primarily for recreational purposes or for
home consumption by the occupants of the dwelling on the same lot, and which is
clearly secondary and accessory to the permitted use. A hobby farm may also include a
farm produce outlet.
Farm Produce Outlet
Means an accessory use to a farm which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
Farmer's Market
Means land, buildings and structures used for the sale of farm products, crafts and
other merchandise of a local farming or rural community and designed for individual
retailers.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick
or other similar materials or combinations of such materials which is erected for the
purpose of screening, safeguarding, retaining or enclosing property or delineating
property lines.
First Storey
Means the storey with its floor closest to but above grade.
Fitness Centre
Means a commercial building or part of a building in which facilities are provided for
recreational or health related activities including but not limited to weight training and
exercise classes and may include associated facilities and services such as a lounge,
washrooms, showers, and saunas, a day spa, an administrative office, a cafeteria and an
accessory retail outlet for fitness-related attire, equipment and dietary supplements.
Flea Market
Means:
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1. A building or part of a building where second hand goods, articles and antiques are
offered or kept for sale at retail to the general public but shall not include any other
retail establishment otherwise defined in this By-law;
2. An occasional or periodic market or sales event held in an open area, which may
include a street, or within a building or structure where independent sellers offer
goods, new and used, for sale to the public, but not including private garage sales;
3. A building or open area in which stalls or sales areas are set aside and rented or
otherwise provided, and which are intended for use by various unrelated individuals to
sell articles that are either home grown, homemade, handcrafted, old, obsolete, or
antique and may include the selling of goods at retail by businesses or individuals
who are generally engaged in retail trade;
4. A building or open area where food preserves or fresh produce or prepared foods
are sold, but does not include a restaurant.
Flood Elevation or Floodline
Means a line established by a one in one hundred year storm as established by flood
plain mapping or by an appropriate public authority.
Flooding Hazards
Means the inundation of areas adjacent to a shoreline or river or stream system and not
ordinarily covered by water along river and stream systems, the flooding hazard is the
greater of the flood resulting from the rainfall experienced during a major storm such as
the Timmins Storm (1961), transposed over a specific watershed and combined with the
local conditions, where evidence suggests that the storm event could have potentially
occurred over watersheds in the general area; or the one hundred year flood; or a flood
which is the greater of the above which was actually experienced in a particular
watershed or portion thereof as a result of ice jams and which has been approved as a
standard for that specific area by the Ministry of Natural Resources and Forestry [see
Figure 3.10].
Figure 3.10: Flooding Hazard
Formatted: Font: (Default) Ebrima
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Flood Plain
For river, stream and small inland lake systems, means the area, usually low lands
adjoining a watercourse, which has been or may be subject to flooding hazards.
Floor Area, Gross
Means the total area of all floors contained within a building measured between the
exterior faces of the exterior walls of the building and where there are no walls the total
area of a floor within the outer perimeter of the floor.
Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or above the
established grade excluding any basement or cellar, which area is measured between
the exterior faces of the exterior walls at the floor level of such storey, but excludes car
parking areas within the building; and for the purposes of this paragraph the walls of an
inner court are and shall be deemed to be exterior wall [see Figure 3.11].
Figure 3.11: Ground Floor Area
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Floor Area, Net
Means usable or habitable space above or below grade, measured from the exterior
face of the exterior walls of the building or structure but shall not include:
1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or
2. Any part of a building or structure below grade which is used for building services,
storage or laundry facilities; or
3. Any part of the building or structure used for the storage or parking of motor
vehicles; or
4. Any part of a commercial shopping area used as a hall way, corridor passageway,
utility room, public washroom, balcony or mezzanine not otherwise used for the
display or sale area for merchandise.
Forestry Use
Means the general raising, management and harvesting of wood and shall include the
raising and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry
products and silva culture practices.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Frontage - see Lot Frontage
Funeral Home
Means a building or part thereof used for the purpose of furnishing funeral services to
the public, but shall not include a crematorium.
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Garage - Detached Private
Means a fully enclosed accessory building which is designed or used for parking or
storage in which there are no facilities for repairing or servicing of a motor vehicle for
remuneration or commercial use.
Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery
Garden Suite
Means a one-unit detached residential building containing sanitary and kitchen facilities
that is accessory to an existing permanent residential building and that is designed to
be portable, but shall not include a mobile home, except in a Rural (RU) Zone. A
Garden suite shall not include a recreational vehicle.
Gas Bar [see also Cardlock Facility]
Means one or more pump islands, each consisting of one or more gasoline pumps, and
a building, structure or booth which may be used by a sales attendant for the sale of
gasoline products and convenience items including but not limited to beverages,
prepared foods, newspapers, lottery tickets sundries and may include other accessory
features such as a comfort station and ATM. [see also Automotive Service Station]
Gazebo
Means a freestanding, roofed accessory structure which is not enclosed, except for
transparent screening (e.g. glass, netting) and which is utilized for the purposes of
relaxation in conjunction with a principle use but shall not include any other use or
activity otherwise defined or classified herein [see Figure 3.12].
Geothermal Power Facility
Means a heating facility such as a heat pump whose energy source is naturally created
from the earth's crust.
Figure 3.12: Gazebo
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Golf Course
Means a public or private area operated for the principle use of playing the sport of golf
but may also include a driving range and such accessory buildings and structures as
are necessary for the operation and maintenance of the golf course including club house
facilities, a restaurant, banquet, conference and other uses of a social, recreational and
entertainment nature normally associated with golf course development.
Green Roof
Means a roof of a building where part of or the entire surface of the roof is intentionally
covered with vegetative material.
Greenhouse
Means a building used for the growing of flowers, plants, shrubs, trees and similar
vegetation which are not necessarily transplanted outdoors on the same lot containing
such greenhouse.
Greenhouse, Commercial, Nursery or Garden Centre
Means a building and/or outdoor area primarily used for the growing of flowers, sod,
vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation
for wholesale or retail sale on or off the premises and may include the incidental sale of
gardening supplies, gardening tools, planting materials, fertilizers, pesticides, lawn
furniture and equipment.
Granny Flat - see Garden Suite
Green Energy Industries
Means a building or structure in which products are manufactured for the generation of
electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass).
Products manufactured by a renewable energy industry may include but are not limited
to solar panels, wind turbines, geothermal equipment, and parts or components thereof.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating
staff) live together under responsible supervision consistent with the requirements of its
residents for a group living arrangement and which is licensed and/or approved under
Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care
Facility].
Guest Cabin (Sleep Cabin)
Means an accessory building, located on the same lot as the main building, which is
used for sleeping accommodation but does not contain any cooking facilities and may
contain sanitary facilities.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is
used or maintained for gain or hire by providing accommodation.
Guest House
Means a private single detached dwelling in which the dwelling or part thereof is
rented for gain or hire as living quarters.
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Habitable Room
Means any floor space within a building or structure designed and intended to be used
for living, sleeping, cooking or eating purposes as defined under the Building Code Act,
S.O. 1992, Chapter 23, as amended.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring
process including lands in a flood plain or subject to a flooding hazard or erosion
hazard and shall include unstable soils and unstable bedrock.
Hazardous Substances
Means substances which individually, or in combination with other substances are
normally considered to pose a danger to public health, safety and the environment.
These substances generally include a wide variety of materials that are toxic, ignitable,
corrosive, reactive, radioactive or pathological.
Height
Means the vertical distance between the established grade and:
1. In the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is the highest [see Figure 3.13], or
2. In the case of all other types of roofs, the mean height level between the base of the
roof and highest point of the roof [see Figure 3.14].
Where the height is designated in terms of storeys, it shall mean the designated number
of storeys above and including the first storey.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and may
include incidental emergency service facilities, fuelling facilities and passenger and
cargo areas.
Herein
Means in this By-law, and shall not be limited to any particular section of this By-law.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore or
bank of a body of water, which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil
on one side of the mark and the character of the vegetation or soil on the other side of
the mark. Features shall also include a natural line or mark impressed on the bank or
shore or rock, or other distinctive physical characteristics.
Highway
Means a street under the jurisdiction of the Provincial government.
Hobby Farm - see Farm, Hobby
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Figure 3.13: Building Height with Flat Roof
Figure 3.14: Building Height - All Other Roofs
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Home for the Aged - see Continuum-of-Care Facility
Home Based Business
Means a privately operated legal occupation, enterprise or business which is carried out
as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof
and any employees and is compatible with a domestic household.
Home Industry
Means any privately operated legal occupation, enterprise or business which is carried
out as an accessory use to the main agricultural or rural residential use of a property
and only by the occupant thereof and any employees and is compatible with a domestic
household.
Hospital
Means a regulated institution under the Public Hospitals Act, R.S.O. 1990, c.P.40, the
Private Hospitals Act, R.S.O 1990, c.P.24, the Mental Health Foundation Act, R.S.O.
1990, c.D.26 and the Community Psychiatric Hospitals Act, R.S.O 1990, c.P.21
established to deliver health care services.
Hotel
Means a building designed or used for the accommodation of the travelling or
vacationing public, with or without accessory uses such as a restaurant, meeting
rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an
intermittent basis, premises licensed under the Liquor License Act and includes any
establishment containing guest rooms which is defined as a "Hotel" in the Hotel
Registration of Guests Act, R.S.O.1990, H.17and shall also include a motel and hostel,
but shall not include any residential use or boarding house use.
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Industrial Use
Means the use of land, building or structures for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering,
repairing, warehousing, or storage or adapting for sale of any goods, substances, article
or thing, or any part thereof and the storage of building and construction equipment and
materials as distinguished from the buying and selling of commodities and the supplying
of personal services. This definition does not include a mine, pit or quarry. Accessory
uses may include transportation, wholesaling, storage, shipping and receiving incidental
to the industrial use.
1. Class I Industry - Light Industrial
Means a place of business for a small scale, self-contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a package
and has a low probability of fugitive emissions e.g. noise, odour, dust and vibration.
Such industries operate in the daytime only with infrequent movement of products and
/or heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I Industry' is a
classification and other uses defined in this By-law may be classified as such.
2. Class II Industry - Medium Industrial
Means a place of business for medium scale process and manufacturing with outdoor
storage of wastes or materials (e.g. it has an open process) and where there are
periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or
vibration. Shift operations occur and there is frequent movement of products and /or
heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a
classification and other uses defined in this By-law may be classified as such.
3. Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise,
smoke, odour, fumes or vibrations or extensive outside storage as part of their normal
operations. Such uses include sawmills, pulp and paper mills, refineries, smelting
operations and similar uses which are intended to be secluded from residential or other
sensitive land uses in order to limit any potential adverse effects on the environment
or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry'
is a classification and other uses defined in this By-law may be classified as such.
Institutional Use
Means any land, building, structure or part thereof used to provide non-profit or non-
commercial purposes for governmental, educational, charitable, fraternal or other public
services.
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Junk Yard - see Wrecking Yard
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Kennel
Means a commercially operated building or structure where animals are kept, bred or
boarded, but does not include an animal shelter. [See also Animal Shelter]. Boarded
shall mean a place where animals are kept for a fee and operated as a commercial
business or by the Humane Society. The boarding kennel facility shall be constructed so
that animals may be retained indoors between the hours of 8:00 pm and 8:00 am.
Breeding shall mean any building, structure, dog run or other facility, or part thereof
where animals are kept for the purposes of reproduction, and the use or sale of the
offspring.
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Landfill Site - see Waste Management Facility
Lane
Means a public thoroughfare other than a street or pedestrian way, improved or not,
which has a right-of-way width of 10 m or less and which provides a secondary means of
for vehicular traffic to abutting lots and which is not intended for general traffic
circulation.
Laundromat
Means a self-serving clothes washing establishment containing one or more washers
and drying, ironing, finishing or other incidental equipment, and may include a laundry
receiving depot.
Licensed Cannabis Production Facility
Means the use of land, buildings or structures for the cultivation, processing,
testing, destruction, packaging and shipping of cannabis products as approved and
regulated by provincial and federal authorities.
Livestock
Means animals associated with an agricultural use such as but not limited to cattle,
horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for
commercial purposes.
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions,
intended for the keeping or housing of livestock and includes all manure or material
storages. (Minimum Distance Separation Formulae Implementation Guidelines)
Livestock Sales Outlet
Means a building or structure where livestock are bought and sold.
Loading/Delivery Space
Means an unobstructed area of land which is used for the temporary parking of one or
more commercial motor vehicles while merchandise or materials are being loaded or
unloaded from such vehicle.
Logging Operation
Means an area of land and/or building of a logging contractor where equipment and
materials are stored and may include repairs to logging equipment.
Loft-Above-a-Garage
Means the portion of a private garage either attached or detached located above the
vehicle storage area which is used for sleeping accommodation and may include
sanitary facilities but not cooking facilities.
Lot
Means a parcel of land which is capable of being legally conveyed in accordance with
the Planning Act.
Figure 3.10: Lot Definitions
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Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot
excluding the horizontal area of any flood plain or wetland area located on such lot. [See
Figure 3.1]
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of
two parts of the same street which have an interior angle or intersection of not more than
one hundred and thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be
deemed to be the angle formed by the intersection of the tangents to the street lines,
drawn through the extremities of the side lot lines. In the latter case, the corner of the
lot shall be deemed to be that point on the street line nearest to the point of intersection
of the said tangents, and any portion of a corner lot distant not more than 30 m (98.4 ft.)
from the corner measured along the street line shall be deemed to be an interior lot
[see Figure 3.15].
Lot, Water
Means a lot where all or part thereof is permanently submerged below the high water
mark.
Lot Coverage
Means that percentage of land or lot area covered by buildings and structures above
ground level and which excludes that portion of such land or lot area which is occupied
by a building or portion thereof which is completely below ground level, and shall
Figure 3.15: Lot Definitions
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exclude a fence, patio, landings, steps, ramps, retaining wall, root cellar, a sewage
disposal system and an in-ground swimming pool or hot-tub [see Figure 3.16].
Figure 3.16: Lot Coverage
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Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and
rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining
the middle of the front lot line with the middle of the rear lot line. If there is no rear lot
line, "lot depth" shall mean the length of a straight line joining the middle of the front lot
line with the apex of the triangle formed by the side lot lines [see Figure 3.17].
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines
are not parallel, it shall be the width of a lot measured between the intersections of the
side lot lines with a line equal to the front yard setback back from and parallel or
concentric to the front lot line. Arc distances shall apply on curved lines [see Figure
3.17].
Lot, Interior
Means a lot other than a corner or a through lot which has frontage on a street.
Lot Line
Means a boundary line of a lot or the vertical projection thereof. In the case of a lot line
that has a bend or a series of bends, if the sum of the interior angles or angles of such
bends is 130 degrees or greater, then they shall be deemed to be the same lot line.
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a
street [see Figure 3.15].
Figure 3.17: Lot Depth and Lot Frontage
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Lot Line, Front
Means:
1. In the case of an interior lot, the line dividing the lot from the street, street
allowance or private road;
2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line;
3. In the case of a corner lot with two street lines of equal length, the lot line that
abuts the wider street, or abuts a highway shall be deemed to be in the front line,
and in the case of both streets being under the same jurisdiction and of the same
width, the lot line where the principal access to the lot is provided shall be deemed
to be the front lot line;
4. In the case of a waterfront lot the shoreline shall be deemed to be the front lot line
[see Figure 3.18].
5. In the case of a private road, the lot line adjacent to the entrance shall be deemed
to be the front lot line;
6. In all other cases not described above, the front lot line shall be deemed to be where
the principal access or entrance to the lot is approved.
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.15]. In
the case of a lot with no rear lot line, the point where the two side lot lines intersect
shall be the rear lot line.
Lot Line, Side Interior
Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a
lot with more than four sides, any lot line not otherwise defined as a front, rear or side
lot line shall be considered as an interior side lot line [see Figure 3.15].
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets and
where such lot qualifies as being both a corner lot and a through lot, such lot shall be
considered as a corner lot [see Figure 3.15].
Lot, Water
Means a lot of ground which is under water; specifically, one of a regular system of lots
which are partly or wholly covered by the water of a bay, lake, or river.
Lot, Width
Means the average horizontal dimension between the two longest opposite sides
measured on a line 6 m [19.6 ft.] back from the front lot line and parallel to it.
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Figure 3.18: Waterfront Lots
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Lot Width, Corner Lot
Means the horizontal distance between the longest front lot line and the opposite side
lot line, measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front
lot line, except in the case:
1. Where the front lot lines are curved, in which case, the lot width shall be calculated
on the basis that the street lot lines are deemed to be the tangents produced to their
points of intersection, from the points of intersection of the side lot lines and curved
street lot line; or
Where a corner lot indicates that a sight triangle has been removed or has a
rounded corner, in which case, the lot width shall be calculated on the basis that
the front lot lines shall be deemed to comprise the street lines produced to their
point of intersection.
Lot of Record
Means a lot that existed on the effective date of this By-law (see Section 1.19).
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Marina
Means a use, building, structure or place located on a navigable waterway, which
provides services or supplies primarily to boaters and may include boat docking,
launching, mooring slips, storage facilities, and boat rental, sales, service, refueling and
repairs, and facilities for the sale of accessories, food and refreshments, and associated
uses. (By-law 95-13)
Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or store a
boat. This definition may include a boat launching ramp, a boat lift, marine railway, a
float hangar, dock or boathouse, but does not include any building used for human
habitation or a marina. A marine facility shall also include a water intake facility and any
flood or erosion control structure. No part of a marine facility may be used as a
dwelling unit.
Massage Parlour
Means premises used for the practice of massage therapy by a Registered Massage
Therapist.
Medical Clinic - see Clinic
Medical Marijuana Facility
Means a premises approved and regulated under the Canada Food and Drugs Act and
associated Food and Drug Regulations.
Microbrewery
Means a commercial operation where beer is produced at a small scale. A microbrewery
may be permitted to sell the product that is produced on-site provided that there is no
consumption of the purchased product on-site other than sampling. A bar, pub or
brewpub shall not be considered a microbrewery. A microbrewery may also sell retail
items directly related to the operation on-site.
Micro-cultivation
Means the small scale growing of cannabis plants and harvesting material from
those plants, as well as associated activities but is not defined as an agricultural
use. A micro-cultivation use is subject to any provincial and federal approval.
Mine
Means a mine as defined in the Mining Act. Mining shall have a similar meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance
of the ground that has not been rehabilitated.
Mineral Aggregate Operation
Means:
1. Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto, or a pits and
quarries control By-law enacted under the Municipal Act; and
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2. Associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate resources and derived products such as asphalt and
concrete, or the production of secondary related products.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with
remaining mineral development potential that has not been permanently rehabilitated to
another use.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
Model Home
Means a dwelling unit that is used on a temporary basis to sell and/or dwelling units
that are on sale, but is not used for human habitation.
Mobile Home - see Dwelling - Mobile Home
Mobile Home Park
Means a lot under single management which has been planned, divided into mobile
home sites, improved, and serviced with a private communal sewage service and
private communal water service approved by the Ministry of the Environment and
Climate Change for the placement of mobile homes as a permanent residential use
[see Figure 3.19].
Mobile Home Site
Means an area, similar to a lot, located in a mobile home park, intended to be or
occupied by a mobile home or a permitted accessory use [see Figure 3.19].
Mobile Home Yard
Means a line similar to a front yard, rear yard, interior side yard or exterior side yard
as applied to a mobile home lot or site [see Figure 3.19].
Motel
Means an establishment designed or used throughout all or part of a year that caters to
the accommodation of the traveling or vacationing public, containing one or more guest
rooms, including all such establishments as defined from time to time by the Hotel
Registration of Guests Act, R.S.O. 1990, c.H.17, as amended. A motel may include
accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for
the temporary exhibition and sale of goods on an intermittent basis, and premises
licensed under the Liquor License Act.
Motocross Circuit
Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over
primarily natural, outdoor terrain and may include spectator facilities such as
grandstands or concourses and fast food concessions.
Motor Home - see Recreational Vehicle
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Motor Vehicle or Vehicle
Means an automobile, commercial vehicle, truck, transport tractor, farm tractor, road
building machine, bicycle and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include a snowmobile or a street car. A
motor vehicle may include a self-propelled recreational vehicle.
Figure 3.19: Mobile Home Park, Mobile Home Lot or Site, Mobile Home Yard
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Municipality
Means the Town of Spanish.
Museum
Means a building or buildings used, or to be used, for the preservation of a collection of
paintings and/or other works of art, and/or objects of natural history, and/or of
mechanical scientific and/or philosophical inventions, instruments, models and/or
designs, and dedicated or to be dedicated to the recreation of the public, together with
any libraries, reading rooms, laboratories and/or other offices and/or premises used or
to be used in connection therewith.
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Natural Heritage Features and Areas
Means features and areas, including significant wetlands, significant coastal wetlands,
other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands
and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron
and the St. Marys River), habitat of endangered species and threatened species,
significant wildlife habitat, and significant areas of natural and scientific interest, which
are important for their environmental and social values as a legacy of the natural
landscapes of an area.
Nature Trail
Means an area used for walking, hiking, cross-country skiing, nature appreciation and
similar non-motorized recreational travel.
Neighbourhood Serving Use
Means a small scale commercial use serving the local needs of a surrounding residential
neighbourhood.
Non-Complying
Means any existing building, structure or lot which does not comply with one or more
of the zone regulations and standards of this By-law.
Non-Conforming
Means any existing use, building, structure or lot which is does not conform to the
permitted use provisions of any Zone in this By-law.
Non-Residential
Means a use, building or structure that does not contain a dwelling unit.
Nursing or Convalescent Home - see Continuum-of-Care Facility
Nursery - see Commercial Greenhouse, Nursery or Garden Centre
Maps of Ecoregions are illustrated in Section 5.0, Figure 1 of the Provincial Policy
Statement, Ministry of Municipal Affairs, website. www.ontario.ca/PPS
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Office
Means a building, structure or part thereof used for conducting the affairs of
businesses, professions, services, industries, governments, or like activities.
Open Space
Means the open, unobstructed space on a lot from the ground to the sky including
landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but
not including any driveway, ramp, parking spaces or aisles, loading spaces or
manoeuvring areas and similar areas.
Open Storage
Means the storage of goods, merchandise or equipment outside of a building or
structure on a lot or portion thereof. This definition shall not include a storage use
located in a building, a salvage yard, a parking area, a loading space or a parking
space or an area used for outdoor display.
Order Station
Means an ordering box, service window, display board or any other device, including
communication equipment, used by the public and operator to facilitate sales and/or
services in a drive-through service facility.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area,
loading space or parking space which is used in conjunction with a business located
within the building or structure on the same property, for the display of goods,
merchandise, equipment and seasonal produce and products and may include garden
supplies and Christmas trees, new merchandise or the supply of services.
Outdoor Furnace
Means an appliance located outside of any building or structure which is intended to
heat by combustion.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a
mentally incompetent person, an executor, an administrator or a guardian.
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Park
Means an area of land, whether enclosed or not, which is used for recreational or leisure
uses and may include therein a beach, playground, play field, athletic field, field house,
community centre, bleachers, skateboard facility, swimming pool, wading pool, splash
pad, greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis
courts, bowling green, boat livery, bathing station, curling rink, refreshment concession,
campground, fair ground, and conservation area, and associated accessory uses.
Parking Area
Means an open area of land, accessory to a permitted use, not located on a public
street, private road or lane which is used for the parking of motor vehicles, but shall
not include any area where motor vehicles for sale or repair are kept or stored.
Parking Lot, Commercial - see Commercial Parking Lot
Parking Space
Means an area used for the temporary parking of one motor vehicle or one horse and
buggy.
Parking Space, Barrier Free
Means a parking space for the
temporary parking of a motor vehicle
used by a handicapped or disabled
person (see photo).
Patio
Means a surfaced, open space of land
at grade adjacent to a residential
dwelling which is used as an
extension to the interior of the home
for private entertainment or leisure
activities and is uncovered. In a
commercial setting, means an outdoor
eating area accessory to a
restaurant where, on a seasonal basis, food and/or refreshments prepared on the
premises are consumed.
.
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which is permitted in the zone where such use is located.
Person
Means an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of
a person to whom the context can apply according to law.
Personal Service Establishment
Means a building wherein a personal service is performed including but not limited to a
barber shop, beauty salon, aesthetician, the premises of an optician, shoe repair,
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photographic store, laundromat or a dry cleaning distribution station but excludes a
manufacturing or fabrication of goods for sale.
Pet Grooming Establishment
Means premises wherein cleaning, clipping and grooming services are provided for
domestic pets, but shall not include an animal shelter or kennel.
Pit [see also Quarry]
Means land or land under water from which aggregate as defined herein is being or has
been excavated in order to supply material for construction, manufacturing or industrial
purposes, but shall not include rehabilitated land or an excavation incidental to the
erection of a building or a structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
Place of Amusement
Means commercial premises wherein amusement facilities are provided such as a video
arcade, arcade, billiard or pool room but does not include an adult entertainment
parlour or bingo hall.
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts
and craft shows, trade fairs, fashion shows, public meetings, banquets, conference
meetings, civic, political, social or religious activities, a private club or a fraternal
organization and similar activities.
Place of Worship
Means premises owned or occupied by a religious congregation or religious
organization and dedicated exclusively to worship and related religious, social and
charitable activities, and may include churches, chapels, temples, parish halls, mosques
and synagogues including a place of assembly, offices for the administration of the
religious institution, a convent, a seminary, a monastery, rectory, manse, parsonage,
and a cemetery.
Playground
Means a park or part thereof which is equipped with active recreational facilities oriented
to children [see also Park].
Porch or Veranda
Means a covered entrance to a building usually with a separate roof and unenclosed
and used as an outdoor living space that is accessed by stairs from grade and which
provides access to the first storey of a dwelling unit.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process and which is not of
permanent construction, but which is to be dismantled at the completion of the
construction process.
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Portable Concrete Plant
Means a building or a structure with equipment designed to mix cementing materials,
aggregate, water and admixtures to produce concrete, and includes stockpiling and
storage of bulk materials used in the process and which is not of permanent
construction, but which is to be dismantled at the completion of the construction process.
Premises
Means the area of a building and lot occupied by a business or enterprise. In a multiple
tenancy building occupied by more than one business, each business area shall be
considered separate premises.
Principle Use
Means the primary purpose for which a lot, building or structure is used or intended to
be used.
Printing and Processing Service Shop
Means a building or part of a building used by one or more persons who are employed
in the management, direction or conducting of an activity, specifically undertaken to aid
an industrial or commercial office use including photocopying, mail processing,
receiving, distribution, document finishing, laminating, faxing, and packaging.
Private Club - see Club, Private
Private Garage - see Garage, Private
Private Road
Means a private right-of-way over private property which affords access to two or more
abutting lots or a road created through the registration of a plan of condominium, but
does not include a road established or maintained by a public authority.
Professional Office - see Office
Public Access Point
Means public land designated, developed and maintained by the municipality, the
Province of Ontario, or the Government of Canada as a public access to a waterbody;
and, which is accessible by a publicly maintained road.
Public Authority
Means the Town of Spanish and any Boards or Commissions thereof, and any Ministry
or Department of the Governments of Ontario or Canada, or other similarly recognized
public agency
Public Service Use
Means any use of land, buildings or structures by or on behalf of a public authority,
but does not include a public utility.
Public Street - see Street
Public Utility
Means a building, structure, premises or lot used for public utility services by the
Town of Spanish, any Boards or Commissions thereof, any Ministry or Commission of
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the Governments on Ontario or Canada, and shall include utilities that provide electricity,
gas, steam, water, telephone, internet or telecommunication services, cable television,
transportation, drainage or sewage or refuse collection and disposal services, including
a communications facility.
Pump House
Means a one-storey building exclusively designed and used to house pumps and
pumping equipment for pumping water, sewage, stormwater or for the irrigation of crops.
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Quarry [see also Pit]
Means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction,
industrial or manufacturing purposes, but shall not include an excavation incidental to
the erection of a building or structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
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Railroad Use
Means a building, structure or use normally associated with a railroad operation
subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended.
Reconstruction
Means to re-build, erect, place, reconstruct, relocate, repair or assemble a previously
existing building or structure to a habitable condition which may include complete
replacement, and may also include:
1. Any preliminary operation such as excavating, filling or draining; or
2. Altering any existing building or structure by an addition, enlargement,
extension or other structural change; or
3. Any work which requires a building permit.
'Reconstructed' and 'reconstruction' shall have corresponding meanings. For the
purpose of this definition, reconstruction/renovation/restoration may include the complete
replacement of a building or structure.
Recreational Commercial Establishment
Means an establishment, building or structures where any recreational, social or
cultural uses are operated commercially for profit on lands in private ownership, or under
lease, such as health clubs, open or enclosed skating or curling rinks, open or enclosed
pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys,
gymnasia, band shell or open theatre, and other similar uses except as otherwise
specifically defined in this By-law. [See also Bingo Hall]
Recreational Equipment
Means a portable structure, vessel or vehicle that is designed and built to be carried by
a motor vehicle, or a unit designed and built to be transported or operated under its
own power or propelled power, for the purposes of providing recreation enjoyment or
travel, and may include boats, boat or vehicle trailers, personal water craft,
snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational
purposes and which are normally stored or parked on a lot.
Recreational Vehicle
Means any vehicle so constructed that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is propelled by the motor vehicle and is
capable of being used for living, sleeping, eating or accommodation of persons on a
temporary, transient or short term basis, even if the vehicle is jacked up or its running
gear is removed. Examples include a motor home, tent trailer, a camper trailer, a
recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes
of this definition, a recreational vehicle shall be considered a structure for the
purposes of establishing setbacks only. A recreational vehicle shall not be deemed to
include a mobile home. The definition of a recreational vehicle shall not be interpreted
to include recreational equipment (see photos).
Recreational Vehicle Campground - see Campground
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Recreational Vehicle Sales and Storage
Means a building and/or lot which are used for the display, storage and/or sale of
boats, and recreational vehicles or recreational equipment.
Recreational Vehicle Repair Garage
Means a building used for the repair, servicing, painting, refinishing, restoration or
alteration of recreational vehicles and boats for gain or profit, but does not include a
salvage yard.
Recycling Depot or Transfer Station
Means a special waste management facility which only serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, white goods, metal,
electronics and other similar products which will be transferred to another location for
reuse. This definition does not include any other type of waste management system
[See also Waste Management Facility].
Redevelopment - see Development
Refreshment Pavilion
Means premises that is designed intended or used for the sale of food or refreshments
to the general public and from which food or refreshment is made available to the
customer within a building. In addition, no provision is made for consumption of the food
or refreshment by the customer within the building.
Rental Store
Means a retail store where goods are kept for the purpose of temporary loan to the
public but shall not include a car rental agency.
Renewable Energy System
Means a system that generates electricity, heat and/or cooling from a renewable energy
source.
Renovate - see Reconstruction
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Residential Care Facility - see Continuum-of-Care Facility
Residential Density
Means the number of dwelling units per hectare of lot area.
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Residential Zone
Means an R1, R2, R3, ROS, or LD zone.
Restaurant
Means premises, including a drive-through service facility, in which the principal
business is the preparation and serving of food and refreshments to the public for
consumption at tables within or outside the building and which may include the
preparation of food in a ready-to-consume state for consumption off the premises.
Retail Outlet
Means a single retail store which is accessory to a permitted commercial or
industrial use.
Retail Store
Means a building wherein goods, wares, merchandise, groceries, substances or articles
are offered for sale to the general public, and may include the limited storage of goods,
wares, merchandise, substances or articles, and shall not include any other use defined
herein.
Retirement Home - see Continuum-of-Care Facility
Right-of-way - see Easement
Road - see Street
Room, Non-Habitable
Means any room located within a dwelling that is not a habitable room, including but so
as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a
porch, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a
cellar, a boiler room and any space used for the service and maintenance of such
dwelling or for vertical travel between storeys.
Rooming Unit
Means a room or rooms rented as sleeping and living quarters, without cooking facilities
and may include an individual bathroom.
Row House - see Dwelling, Row or Townhouse
Rural Zone
Means an RU, M2, MX, MM, or WMF zone.
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Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further
use, dismantled or abandoned. This definition may include a junk yard, a wrecking yard,
a scrap metal yard, and an automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or
from a satellite.
Sauna
Means an accessory building or structure wherein facilities are provided for the
purpose of a sauna bath, either wet or dry, and may include a change/relaxation room,
storage areas and a washroom but not kitchen or sleeping facilities.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished
lumber or as an intermediary step.
Sawmill, Portable
Means equipment which is portable (e.g. may be drawn by a motor vehicle) and is
used on a temporary basis for the cutting of saw logs
School
Means a Provincially-approved institution for academic instruction and shall include a
public, private or separate school, a vocational school, or a post-secondary school
such as a college or university.
Seating Capacity
Means the number of persons which can be accommodated in a building or structure
or part thereof in a seated position on chairs, benches, forms or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in
separate, secured storage areas or lockers and may include the exterior storage of
boats and water-related equipment, recreational equipment and recreational
vehicles.
Semi-Detached Dwelling - see Dwelling, Semi-Detached
Sensitive Land Use
Means buildings, amenity areas, or outdoor spaces
where routine or normal activities occurring at
reasonably expected times would experience one or
more adverse effects from contaminant discharges
generated by a nearby major facility. Sensitive land
uses may be a part of the natural or built environment.
Examples of sensitive land uses
may include, but are not limited
to: residences, day care centers,
and educational and health
facilities.
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Separation Distance
Means the horizontal distance between buildings or structures or physical features
measured from the closest point of the exterior wall or identifiable boundary of such
building or structure, or of such physical structure.
Septage
Means untreated sanitary waste from a septic tank, privy or holding tank.
Service Outlet or Shop
Means a shop for selling, servicing, repairing, installing or renting items and equipment,
including but without limiting the generality of the foregoing: radio or television shop,
locksmith shop, small appliance shop, household and carpenter tool shop, shoe repair, a
copy shop but shall not include a small engine shop or automotive repairs and
automotive services.
Setback
Means:
1. With reference to a street, the least horizontal distance between the front lot line
and the nearest building line.
2. With reference to a water body, the least horizontal distance between the high
water mark and the nearest building line.
3. With reference to a building, structure or land use and not applicable under
paragraph (1) or (2), shall mean the least horizontal distance from the building,
structure or land use in question; and
4. With reference to a private road, shall mean the least horizontal distance between
the edge of the travelled portion of the road or surveyed boundary of any building or
structure, or the limit of the road as shown and measured on a survey.
Sewage and Water Services
Means:
1. Private Communal Sewage Services
Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that serves six or more lots or private residences and is not owned by
the municipality.
2. Private Communal Water Services
Means a non-municipal drinking-water system within the meaning of Section 2 of the
Safe Drinking Water Act, 2002 that serves six or more lots or private residences.
3. Individual On-Site Sewage Services
Means sewage systems as defined in Ont. Reg. 332/12, under the Building Code
Act, 1992 that are owned, operated and managed by the owner of the property upon
which the system is located.
4. Individual On-Site Water Services
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Means individual, autonomous water supply systems that are owned, operated and
managed by the owner of the property upon which the system is located.
5. Municipal Sewage Services
Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that is owned or operated by a municipality.
6. Municipal Water Services
Means a municipal drinking-water system within the meaning of Section 2 of the Safe
Drinking Water Act, 2002.
7. Partial Services
Means municipal sewage services or private communal sewage services and
individual on-site water services; or municipal water services or private
communal water services and individual on-site sewage services.
8. Sewage Works
Means any works for the treatment and disposal of sewage in a waste water
stabilization pond and includes hauled sewage.
Shipping Container - see Storage Container
Shooting Range or Rifle Club
Means the use of land, buildings, structures or premises for commercial or private
recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a
sporting clay range rifle shooting, archery, gun or hunter safety instruction and may
include accessory facilities.
Shopping Centre
Means an integrated commercial development, the function of which shall be to permit a
wide range of retail, service and office
commercial uses.
Shoreline
Means a lot line or portion thereof
which abuts or parallels the high
water mark of a water body. [See
also High Water Mark.]
Shoreline Buffer Zone
Means a natural area, adjacent to a
shoreline, maintained or re-
established in its natural pre-
development state, with the exception
of minimal pruning of vegetation, the
removal of trees for safety reasons,
for the purpose of protecting natural
habitat and water quality and
Figure 3.20: Sight Triangle
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minimizing the visual impact of buildings or structures on a lot, and may include the
installation of a pathway or trail providing water access.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, including
vegetation, formed by the street lines abutting a corner lot and a third line drawn from a
point on a street line to another point on a street line, each such point being the required
sight distance from the point of intersection of the street lines [See Figure 3.20].
Sign
Means any writing, letter work or numeral, any pictorial representation, illustration,
drawing, image or decoration, any emblem, logo, symbol or trademark or any device
with similar characteristics which:
1. Is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and
2. Which is used to advertise, inform, announce, claim, give publicity or attract
attention.
Sleep Cabin - see Guest Cabin
Solar Collector
Means a Class 1 or 2 ground mounted or
rooftop mounted or wall mounted device
with a name plate capacity of less than or
equal to 10 kW consisting of photovoltaic
panels that collect solar power from the
sun (see photo).
Solar Collector, Commercial
Means a Class 3 ground mounted device with a name plate capacity of less than or
equal to 10 kW consisting of
photovoltaic panels that collect solar
power from the sun (see photo).
Solarium
Means a glassed-in structure or room
projecting from an exterior or main wall
of a building which may be used for
sunning, therapeutic exposure to
sunlight, or for a use where the intent
is to optimize exposure to sunlight.
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Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a
drive-through facility that is separated from other vehicular traffic and pedestrian
circulation. Stacking lanes may be separated by any combination of barriers, markings
or signage [see Figure 3.21].
Storage Container
Means a prefabricated new or used metal container or cargo box designed for the
transportation or shipping of goods or for the storage of goods, merchandise or materials
and may include a Sea-Can or shipping container but shall not include a motor vehicle, a
dumpster, or recycling receptacle (see photos).
Figure 3.21: Stacking Lane
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Storage Trailer
Means any unlicensed trailer, a mobile
storage trailer, truck trailer, or tractor-trailer,
whether or not same is mounted on wheels
that is used or intended to be used for the
storage of goods, merchandise or materials.
Storey
Means that portion of a building other than
a cellar or basement included between the
surface of any floor and the surface of the
floor, roof deck, ceiling or roof immediately
above it. [See Figure 3.22]
Street
Means an improved public thoroughfare,
lane, road or highway affording principal
means of access or entrance to abutting properties which is maintained year round by a
public authority.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and
a street or a private road.
Structure
1. Means anything constructed or erected, the use of which requires location on the
ground or attached to something having location on the ground and, without limiting
the generality of the foregoing, includes a recreational vehicle, a sign, a fence, a
swimming pool, a deck, an individual on-site sewage services (i.e. septic tank ).
Studio
Means a building or part thereof used:
1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or
artisan or any similar artist or craftsman, where unique articles are made or
fabricated and offered for sale;
2. For the instruction of art, music, languages or similar disciplines.
Swimming Pool
Means an open or covered pool designed to be used for swimming, wading, diving or
recreational bathing which is at least 50 cm [19.6 inches] in depth and may include a hot
tub, inflatable pool or whirlpool but shall not include a natural dug or dammed pond
intended for aesthetic or agricultural purposes.
Figure 3.22: Storey
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Tavern
Means a "tavern" as defined by the Liquor
License Act.
Taxi Stand or Dispatch Office
Means lands and/or premises where
chauffeured passenger automobiles are kept for
hire.
Temporary Building
Means a building or structure intended for
removal or demolition within a prescribed time as
set out in a building permit.
Temporary Car Shelter
Means a prefabricated temporary structure usually constructed with a metal, wood or
plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover
used primarily for the storage of a motor vehicle or other equipment and is designed to
be dismantled or removed [see Figure 3.23].
Top of Bank
Means the first significant lakeward break in a ravine slope where the break occurs such
that the grade beyond the break is flatter than 3:1 measured perpendicularly from the
break.
Tourist Establishment
Means land buildings or structures used for the purpose of sleeping accommodation
on a temporary basis by tourists or vacationers, including a motel, lodge or bed and
breakfast establishment, and rental cottage or cabin where more than 3 such rental
units occupy the same property, including accessory uses such as dining, meeting and
beverage rooms and similar uses.
Tourist Outfitters Establishment
Means land, buildings or structures operated throughout all or part of a year which
may or may not furnish overnight accommodation and facilities for serving meals and
furnishes equipment, supplies or services to persons in connection with angling, hunting,
camping or other similar recreational purposes.
Townhouse - see Dwelling - Row of Townhouse
Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle
Trailer Park - see Campground
Transfer Station (See Recycling Depot)
Triplex - see Dwelling, Triplex
Transportation Depot or Truck Terminal
Means land buildings or structures where commercial vehicles are kept for hire, rental
and/or leased, or stored and/or parked for remuneration and/or from which such vehicles
Figure 3.23: Temporary Car Shelter
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are dispatched for hire as common carriers and where such land, structure or building
may be used for the storage and/or distribution of goods, wares, and merchandise.
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Use or Used
Means the purpose for which a lot or a building or a structure is designed, arranged,
occupied or maintained.
Use, Accessory - see Accessory Use
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Vehicle - see Motor Vehicle
Veterinary Establishment - see Animal Shelter
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Warehouse
Means a building or structure or portion thereof used or intended to be used for the
bulk storage and distribution of goods, merchandise, or materials but shall not include
facilities for a transportation depot.
Waste Management Facility
Means land or a site which is licensed or approved by the Ministry of the Environment
and Climate Change and/or its agents where ashes, garbage, refuse, domestic waste,
industrial waste, or municipal refuse compost, excluding radioactive or toxic chemical
wastes is disposed of or dumped. This definition shall include waste transfer stations
and recycling depots [see also Recycling Depot].
Water Access Lot
Means a lot that is accessed by a navigable water body which in turn has a public
access point with a boat launch.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or
irrigation channel.
Watercourse
Means the natural channel for a perennial creek, stream or river.
Waterfront
Means the common boundary of a water body with an area of land.
Water Yard
Means a yard extending from the normal high water mark on any waterfront or
watercourse to the nearest wall of any building or structure on a the lot. (By-law 95-13).
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open
excavation on a temporary basis for use by a road authority solely for the purpose of a
particular project or contract of road construction and not located on the road right-of-
way.
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open
excavation on a temporary basis for use by a public authority solely for the purpose of a
particular project or contract of road construction and not located on the road right-of-
way.
Welding Shop
Means a building or structure or part thereof where metal products are joined, repaired
or shaped by welding but no mass productions shall be involved.
Wellhead Protection Areas
Means those areas around municipal wells, as identified by the Municipality, in which
policies and provisions may be implemented in order to protect the integrity of the
groundwater resource. The extent of wellhead protection areas is defined by the travel
time for flows of groundwater to the municipal well.
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Wellness Centre
Means a premises devoted to the actively sought goal of good health and includes the
teaching and practice, in both individual and group sessions, of a range of holistic,
alternative and integrative natural health practices and may include meditation,
acupuncture, shiatsu, massage therapies, yoga, and healthy eating programs, and may
include accessory uses such as administrative offices, physical fitness rooms, and
waiting rooms, directly associated with the premises, but excludes a recreational
commercial establishment.
Wetlands
Means lands that are seasonally or permanently covered by shallow water, as well as
lands where the water table is close to or at the surface. In either case the presence of
abundant water has caused the formation of hydric soils (soils in which there is an
abundance of water) and has favoured the dominance of either hydrophytic plants or
water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and
fens.
Periodically soaked or wet lands being used for agricultural purposes which no longer
exhibit wetland characteristics are not considered to be wetlands for the purposes of this
definition.
Wholesale Establishment
Means a building or part of a building where goods, wares, merchandise or articles are
stored in bulk for sale in wholesale quantities but does not include premises where any
goods, wares, merchandise, substances or articles are offered or kept for sale at retail.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are
used in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a Class 1 wind facility with a name plate capacity less than or equal to 3 kW
machine designed and used for converting the kinetic energy in wind into mechanical
energy or electrical energy.
Wind Turbine, Commercial
Means a Class 2, 3 or 4 wind facility with a name plate capacity greater than or equal to
3 kW machine designed and used for converting the kinetic energy in wind into
mechanical energy or electrical energy.
Workshop - see Custom Workshop
Wrecking Yard - see Salvage Yard
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Yard
Means an area of open land between a main wall of a building and a lot line that,
except for landscaping or accessory buildings and projections specifically permitted
elsewhere in this By-law, is unobstructed above grade [see Figures 3.24 & 3.25].
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line [see Figures 3.24 & 3.25].
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of the
main building closest to the rear lot line. Where there is no rear lot line, the rear yard
shall be measured from the intersection of the side lot lines to the closest point of the
main wall of the main building [see Figures 3.24 & 3.25].
Yard Sale
Means the occasional or infrequent sale (e.g. one or two days annually) of household
goods, clothing, furniture, tools, recreational equipment or other second hand articles or
sundry items, usually by the households on an individual property, and may include a
joint sale by neighbours on the same street or a joint sale at a school, a place of
worship or other location.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line
and a line drawn parallel or concentric thereto and through the point of the main wall of a
building closest to the side lot line [see Figures 3.24 & 3.25].
Yard, Side Exterior
Means a side yard adjacent to a street [see Figures 3.24 & 3.25].
Yard, Side - Interior
Means a side yard other than an exterior side yard [see Figures 3.24 & 3.25].
Figure 3.24: Yard Definitions
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Zone
Figure 3.25: Yard Definitions
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Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone Regulations"
or referred to as a zoning regulation and governs the erection of any building or
structure or the use of land.
Zoning Administrator
Means the officer, employee or such other person as may from time-to-time be
designated by Council charged with the duty of enforcing the provisions of this By-law.
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Section 4 GENERAL PROVISIONS
4.1
Accessory Buildings, Structures and Uses
4.1.1
General
1. Accessory uses, buildings and structures shall be permitted in all zones
as set out in the list of permitted accessory uses for each specific zone.
2. Accessory uses, buildings and structures shall comply with the zoning
regulations for the zone in which they are permitted. Where there is no
minimum setback or other zone regulation specified for a permitted
accessory building, or structure the minimum yard requirement or other
zone regulation of the applicable zone shall apply.
3. All accessory uses, buildings and structures to a permitted principle use
or main building shall be located on the same lot and in the same zone as
the principle use or main building.
4. Accessory uses, buildings and structures shall not be erected or
established prior to the erection or establishment of the main building or
use except for:
a. a permitted temporary building [see Section 4.29] during the term of
an active building permit; or
b. an individual on-site sewage disposal system, well; or
c. a dock on a water access lot.
5. No accessory use shall be erected closer to the front lot line or the exterior
side lot line than the minimum front yard and external side yard setbacks
required for the main building except for:
Explanatory Note
The General Provisions section of the Zoning By-law sets out regulations which apply regardless
of the specific zoning (Section 5). While the zones provide site specific controls corresponding to
such items as permitted uses and other restrictions, the General Provisions provide regulations
more general in nature . Development must comply with all applicable provisions in the General
Provisions in addition to the requirements of the specific zone standards set out in Section 5
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a. A shelter for use by children waiting for a school bus, if such use is
located in a RU or LD zone.
b. Any farm produce outlet if such structure is located in a RU.
c. A freestanding satellite dish/receiver or solar collector (but not
including a communications facility).
d. Recycling and waste control containers.
e. A sign erected in compliance with the zone regulations of this By-law or
a By-law enacted under the Municipal Act.
f. A wind turbine or solar collector where located in an interior side or
rear yard in residential zone, or any yard in a rural zone
All such buildings or structures listed in Section 4.1.1.5 (a) to (f) above shall be
set back a minimum of 3 m [9.84 ft.] from the front lot line or exterior side yard
lot line or rear lot line in the case of a water front lot, and shall comply with the
interior side yard and rear yard setbacks in the zone in which they are located.
6.
Common private garages which are detached from the main building may
be mutually centred on the side lot line.
7.
A green roof and a geothermal power facility are permitted accessory
uses in any zone.
8.
Storage containers - see zone provisions for storage containers in Section
4.28.
9.
Legal non-conforming uses shall be permitted to have accessory uses
with the provisions in this section of this By-law and the zone regulations of
the applicable zone.
10. A deck is not an accessory use unless detached from a dwelling.
4.1.2
Accessory Residential Uses
1. One (1) guest cabin or one (1) loft-above-a-garage above a detached
garage shall be permitted per lot as an accessory use to a permitted
dwelling in an RU, ROS or LD Zone. A guest cabin or a loft-above-a-
garage shall not exceed 50 m2 [538.2 ft.2] in gross floor area.
2. No guest cabin or loft-above-a garage above a detached garage shall be
located less than 3 m [9.84 ft.] to any interior lot line or rear lot line or main
building.
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3. No guest cabin or loft-above-a garage shall be permitted on a lot occupied
by a garden suite.
4. A secondary dwelling unit shall be permitted as an accessory use to a
single detached dwelling or a semi-detached dwelling or a row or a
townhouse dwelling in all residential zones and in an RU, ROS or LD Zone
except a lot on a lake which has been determined to have reached its
biological capacity or on any lot where the lot cannot be serviced with
individual on-site sewage services with sufficient capacity to service the
secondary dwelling unit.
See also Section 4.1.9 Garden Suites.
4.1.3
Bed and Breakfast Establishments
1. A bed and breakfast establishment shall be permitted as an accessory
use to any permitted single detached dwelling.
2. A maximum of three (3) guest rooms shall be permitted for any one bed
and breakfast establishment.
3. The use of the dwelling as a bed and breakfast establishment shall not
change the residential character of the dwelling.
4. Bed and breakfast establishments shall not be subject to the home based
business regulations of Section 4.11 of this By-law.
5. The bed and breakfast establishment shall comply with any applicable
requirements of the local Health Unit, the Building Code, and the Fire Code.
6. One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be
permitted to advertise a bed and breakfast establishment. The permitted
sign may be a freestanding sign in a front or side yard or may be attached
to a wall of a permitted building or structure.
7. A breakfast service shall be available to guests.
8. A bed and breakfast establishment shall comply with the applicable parking
regulations of Section 4.22 of this By-law.
4.1.4
Boat Houses
1. One (1) only single storey one-bay boat house shall be permitted as an
accessory use to a permitted seasonal dwelling or single detached
dwelling in an RU, ROS or LD Zone.
2. A boat house shall not be erected closer than 5 m [16.4 ft.] from the nearest
adjacent lot line [see Figure 4.1].
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3. A boat house shall not be used for sleeping accommodation or human
habitation.
4. A flat roofed boat house may be used as a roof-top deck or patio.
5. The maximum height of a boat house shall be 6 m [19.6 ft.].
6. The provisions for boat houses in this section do not apply to a marina.
4.1.5
Docks
1. Docks shall be limited to floating, cantilevered or post dock construction and
shall be built of non-toxic building materials.
2. Any component of a dock located above the high water mark and designed
to anchor the dock to the land shall be excluded from the calculation of the
maximum dock area except where the entire dock is constructed parallel to
the shoreline in which case the entire deck area of the dock shall be
included in the calculation.
3. Docks for residential purposes shall be built to the following zone
regulations:
a. Maximum dock area
33 m2 [355 ft.2]
Figure 4.1: Boat House
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b. Minimum dock width
1.8 m [6 ft.]
c. Minimum dock width for slips connecting to main dock 1.2 m [4 ft.]
d. Maximum dock length
20 m [65.6 ft.]
e. Minimum side yard
5 m [16.4 ft.]
f. Maximum number of docks per lot
1
4. No dock shall be permitted which constitutes a navigation or safety hazard.
5. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be
constructed which will exceed 20% of the width of the adjacent water body.
6. In shallow water bodies where the normal water depth is less than 0.5 m
[1.64 ft.] beyond 20 m from the shoreline of the adjacent lot served by the
dock, the dock length may be extended until the water depth reaches 1 m
[3.28 ft.] in which case the dock may be extended over a distance not
exceeding 3 m [9.84 ft.].
7. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be constructed
without a valid permit issued by the Ministry of Natural Resources and
Forestry.
4.1.6 Fences in a Residential Zone
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted under the
Municipal Act or any provisions for fences as hereinafter set out in this By-law as
follows:
1. The maximum height of a fence in any interior side or rear yard shall be 2
m [6.56 ft.] measured from the established grade.
2. The maximum height of a fence in any front yard or exterior side yard
shall be 1 m [3.28 ft.] measured from the established grade.
3. No fence shall be erected so as to obstruct a sight triangle.
4. An unpierced hedgerow or other unpierced planting in a front yard or
exterior side yard shall be deemed to be a fence.
5. The use of barbed-wire, spire tips, sharp objects or any devise for projecting
an electric current in any fence construction is prohibited in a residential
zone.
4.1.7
Fences in a Non-Residential Zone
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted under the
Municipal Act or any provisions for fences as hereinafter set out in this By-law as
follows:
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1. The maximum height of a fence in any yard of a non-residential zone shall
be limited to 2.5 m [8.20 ft.] measured from the established grade where the
fence is a chain-link or other similar transparent construction materials or 2 m
[6.56 ft.] for any other materials.
2. No fence shall be erected so as to obstruct a sight triangle.
3. Section 4.1.6 shall not apply to fences required for a public authority or
communication facilities.
4.1.8
Fences in a Rural Zone
The provisions for fences shall not apply in a rural zone.
4.1.9
Garden Suites
Subject to the passing of a site specific temporary use By-law under Section 39
of the Planning Act, a garden suite shall be permitted as an accessory use to a
permitted single detached dwelling provided:
1. The minimum lot area conforms to the zone in which the garden suites are
to be located.
2. The maximum gross floor area of the garden suite shall be 74 m2 [800 ft.2].
3. The maximum height of the garden suite shall be one storey.
4. The garden suite shall be located in a rear or interior side yard and shall
meet the zone regulations for building separation and lot coverage in the
zone in which the garden suite is located.
5. The minimum setback from a rear lot line or interior side yard lot line shall
be 3 m [9.84 ft.].
6. A mobile home which meets the zone regulations of this By-law shall be
permitted as a garden suite in a Rural Zone only.
7. A garden suite shall not be permitted on a lot occupied by an existing
guest cabin or loft-above-a-garage.
8. A garden suite shall not be permitted on a lot on a lake which has been
determined to have reached its biological capacity or on any lot where the lot
cannot be serviced with individual on-site sewage services with sufficient
capacity to service the secondary dwelling unit.
4.1.10
Pump house
A pump house may be erected and used in the shoreline buffer zone provided
its location complies with the minimum interior side yard setback.
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4.1.11
Swimming Pools
Private swimming pools, both above-ground and in-ground and both open and
covered, shall be permitted subject to the By-laws of the Municipality regarding
swimming pools.
4.1.12
Temporary Car Shelter
1.
Temporary car shelters shall only be located on a parking space,
driveway, rear or side yard.
2.
The minimum setback of a temporary car shelter shall be 3 m [9.84 ft.]
from a front yard lot line or exterior front yard lot line and 1.5 m [4.92 ft.]
from an interior side yard lot line.
4.2
Automotive Service Station, Gas Bar, Car Wash
Despite any other provisions contained in this By-law, for all zones within which an
automotive service station, gas bar and/or car wash are permitted, the following
zone regulations shall apply:
1. Minimum lot frontage ............................................................................ 50 m [164 ft.]
2. Minimum front yard .............................................................................. 15 m [49.2 ft.]
3. Minimum exterior side yard ................................................................ 15 m [49.2 ft.]
4. Minimum interior side yard ................................................................... 6 m [19.7 ft.]
5. Minimum rear yard ............................................................................... 10 m [32.8 ft.]
6. Minimum setback from a canopy and any lot line................................. 10 m [32.8 ft.]
7. Minimum setback of any pump island from any lot line ........................ 10 m [32.8 ft.]
8. Minimum entrance width for one way entrance ........................................ 6 m [19.7 ft.]
9. Minimum width for a two way entrance .................................................... 9 m [29.5 ft.]
10. Maximum entrance width ....................................................................... 12 m [39.4 ft.]
11. Minimum distance between any two entrances and/or exits ................ 22.5 m [73.8 ft.]
12. Minimum distance between an entrance or exit and the intersecting street lines on
a corner lot ........................................................................................... 12 m [39.4 ft.]
13. Minimum number of entrances................................................................................... 2
14. All fuel storage tanks above or below ground for any fossil fuels or propane shall
comply with the Technical Standards and Safety Act, 2000 and no building permit
shall be issued without the prior approval of any equipment or fuel storage facilities
by the Technical Standards & Safety Authority.
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality or shall be
moved from outside the Municipality into the Municipality unless the building or
structure is a permitted use and satisfies all the regulations of the zone in which it is to
be located.
4.4
Change of Use
A use of a lot, building or structure which, under the provisions hereof is not
permitted within the zone in which such lot, building or structure is located, shall not
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be changed except to a use which is permitted within such zone or as otherwise
authorized by the Committee of Adjustment under Section 45(2) of the Planning Act.
4.5
Cumulative Standards
Notwithstanding anything contained in this By-law, where any land, building or
structure is used for more than one purpose, all provisions of this By-law relating to
each use shall be complied with.
4.6
Established Building Line in Built-up Area
Despite any other zone regulation of this By-law, in any residential zone (see Section
5.2 for list of zones), the front yard setback for a dwelling to be constructed between
existing buildings or adjacent to existing buildings which are separated by no more
than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the
said existing buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.2].
4.7
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the zone regulations of that zone for a
specific area governed by the By-law. All other applicable provisions of the By-law shall
continue to apply. A number after the "-X" (e.g. R-X1) indicates the chronological order
of the various exception zones. (See Section 24 for Zone Exceptions.)
Figure 4.2: Established Building Line in a Residential Zone
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4.8
Flood Plain
No dwelling shall be constructed or extended or expanded below the regulatory flood
elevation of any water body (see Section 4.8.3.4) and no person shall use any land or
erect, alter or use any building or structure in the flood plain of any water body
except in accordance with the following provisions:
4.8.1
Permitted Uses Within the Flood Plain
1. Buildings or structures intended for flood or erosion control or slope
stabilization;
2. Conservation Use excluding any buildings or structures;
3. Forestry Use excluding any buildings or structures;
4. Parks excluding any buildings or structures;
5. Hydro-electric generating facilities;
6. Marine Facility;
7. Marina; and
8. Infrastructure incidental to a water supply or waste water treatment facility
such as a water intake or sewer outfall but not including the main building of
a water filtration plant or waste water treatment facility.
4.8.2
Prohibited Uses
Buildings and structures shall not be permitted to locate in hazardous lands
where the use is:
1. An institutional use associated with hospitals, a day nursery, a
continuum-of-care facility, and a school, where there is a threat to the safe
evacuation of the sick, the elderly, persons with disabilities or the young
during an emergency as a result of flooding, failure of flood proofing
measures or protection works or erosion.
2. An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired
during an emergency as a result of flooding, the failure of flood proofing
measures and/or protection works, and/or erosion; and
3. Associated with the disposal, manufacture, treatment or storage of
hazardous substances.
4.8.3
Flood Plain Zoning Standards
1. No building or structure shall be erected closer than 15 m [49.2 ft.] from the
regulated flood elevation or flood line of a water body or 20 m [65.6 ft.]
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from the high water mark of the Spanish River or Lake Huron whichever is
the greater setback.
2. Notwithstanding the above, where no flood elevation or flood line has been
established, the setback from the high water mark shall be 20 m [65.6 ft.]
except that the setback may be reduced to 10 m [32.8 ft.] from an
intermittent water body or creek. .
3. Lands subject to flooding shall not be included in the calculation of the
minimum lot area.
4. For the purposes of this By-law, the regulatory flood elevation along the
shores of the North Channel of Lake Huron is established as 177.9 m CGD
(Canadian Geodetic Datum).
4.9
Frontage on a Street
A building or structure intended for human habitation may not be erected on any lot
unless such lot has frontage on and direct access to an opened, publicly maintained,
year-round road; except for:
1. A seasonal dwelling may be erected on a lot having frontage on a publicly
maintained seasonal road, or has frontage on a road built across crown
lands, or where the lot is accessed by a registered easement over other
lands to a publicly maintained, year-round or seasonal road; and from a year-
round publicly maintained road.
2. A seasonal dwelling may be erected on a lot having water access only or
an island provided there is a public access point to the same water body, or
where legal arrangements have been made to provide for access and parking
to the water body (i.e. through a covenant on tile, through lands which are
linked via Section 118 of the Land Titles Act, through lands which have the
same special exception zone or where the lands are owned by the same
owner).
3. Buildings or structures associated with forestry, agriculture, mining, pits
and quarries may be accessed by a private road. use any land in any zone
unless the lot upon which such building or structure is to be erected or the
land to be used has access to and meets the minimum lot frontage on a
street.
4. For a permitted use located on an existing private road or a private road
located in a registered condominium.
5. For a communications facility.
6. For any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities.
7. A lot within a plan of condominium located on an internal private road.
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4.9.1
Exception for Existing Agreements
1. Despite Section 4.9 where a development or subdivision agreement exists
between the Municipality and a land owner and is registered on title, access
to an unassumed, unopened or unmaintained public right-of-way shall be
deemed to comply to the provisions of this section, provided that the
development is in conformity with the zone regulations set out in the
corresponding zone or any exception thereto.
2. Despite Section 4.9, where an agreement entered into with the Municipality
for access via an unopened road allowance is registered on title and provides
for an easement to an existing lot which is developed or intended to be
used for a permitted use, such uses shall be deemed to comply with the
provisions for access of this By-law.
4.10 Group Homes
A group home shall be permitted in all residential zones provided the lot is located on
an improved Street.
4.11 Home Based Businesses
4.11.1 Scope of Permitted Home Based Businesses
The following home based businesses shall be permitted in any zone where a
home based business is permitted:
1. Professional and consulting services including but not limited to an architect,
engineer, financial advisor, accountant, consultant, legal services, physician,
teleworker.
2. Instructional services include but not limited to music lessons, dance, art,
academic tutoring.
3. Home craft businesses including but not limited to quilter, potter, jeweler,
painter/visual artist, small scale assembler.
4. A Day nursery or private home day care.
5. Distribution sales office, mail order sales or on-line sales and services
including but not limited to cosmetics, clothing or small household appliances
provided the product or service delivery is primarily from an off-site non-
residential location.
6. An office for a contractor or trades plumber, and electrician.
7. Repair services including but not limited to small appliances, computers and
not including auto repair and similar services.
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8. High technology uses including but not limited to internet services, office call
center services, desktop publishing, computer hardware and software
development.
9. Personal care services including but not limited to a hairdresser, barber,
massage therapist, aesthetician.
10. Sale of bait for recreational fishing purposes.
11. Pet grooming establishment, but not including overnight keeping of
animals.
12. A Catering establishment.
13. A Studio.
14. Seed sales
15. Gun repairs
16. Home based businesses shall not include a cannabis retail store or
dispensary or a licensed cannabis production facility.
4.11.2 Zone Regulations for Home Based Businesses
1. The home based business shall be clearly accessory to the main
permitted residential use.
2. A maximum of two (2) home based businesses shall be permitted in a
dwelling.
3. The residential external character of the dwelling shall not be changed.
4. The business(es) shall be conducted entirely within the dwelling in an R1,
R2, and R3 Zone, but shall be permitted to be operated in an accessory
building or structure in an RU, ROS and LD Zone provided that the home
based business does not occupy more than 140 m2 [1,506 ft.2] of the
accessory building or structure.
5. The home based business shall be operated by the owner or occupant of
the dwelling on the lot on which the home based business is operated.
6. The home based business shall not create a public nuisance in regard to
noise, traffic, parking or health safety.
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7. The business(es) shall be legal and must have obtained the necessary
permits or licenses from the Corporation and any other applicable
government body having jurisdiction.
8. The home based business(es) shall cumulatively not occupy more than
25% of the net floor area of the dwelling.
9. No outdoor storage shall be permitted.
10. Only one (1) sign shall be permitted to advertise the home based
business(es). The sign shall not exceed 1 m2 in surface area. The
permitted sign may be a free standing sign in a front or exterior side yard
or may be attached to the wall of a permitted building or structure. The
sign may be illuminated where the illumination is directed onto the sign and
complies with Section 4.13 of this By-law. Signs may also be subject to any
sign By-law enacted by the Municipality under the Municipal Act.
11. Parking for home based business(es) shall comply with Section 4.22 of this
By-law.
4.12 Home Industries
4.12.1 Scope of Permitted Home Industries
The following home industries shall be permitted in any RU, ROS and LD Zone
and any non-residential zone which permits a residential use:
1. Any of the home based businesses listed in Section 4.11.1 excluding a
cannabis retail store or dispensary or a licensed cannabis
production facility.
2. Any agri-tourism use to a permitted agricultural use including a home
based business (as set out above), uses that produce value-added
agricultural products from the farm operation on the property, a farm produce
outlet, a welding or repair shop, commercial school bus or commuter
transportation service, a retail outlet for farm supplies and machinery or other
home industry.
3. The sale of firewood.
4. An appliance repair.
4.12.2 Zone Regulations for Home Industries
1. The home industry shall be clearly accessory to the main permitted
residential use.
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2. A maximum of two (2) home based businesses or home industries or a
combination thereof shall be permitted.
3. The residential external character of the dwelling shall not be changed.
4. The business(es) may be conducted within the dwelling or may be located in
an accessory building or a combination of both if located in an RU zone.
5. The home based business shall be operated by the owner or occupant of
the dwelling on the lot on which the home based business is operated.
6. The home based business shall not create a public nuisance in regard to
noise, traffic, parking or health safety.
7. The business(es) shall be legal and must have obtained the necessary
permits or licenses from the Corporation and any other applicable
government body having jurisdiction.
8. No outdoor storage shall be permitted except for the storage of firewood.
9. The home industry(ies) shall cumulatively not occupy more than 25% of the
net floor area of the dwelling and an accessory building. Where the
business is located in an accessory building the net floor area occupied by
the business shall not exceed 140 m2 [1,506 ft.2].
10. Only one (1) sign shall be permitted to advertise the home based
business(es). The sign shall not exceed 1 m2 in surface area. The
permitted sign may be a free standing sign in a front or exterior side yard
or may be attached to the wall of a permitted building or structure. The
sign may be illuminated where the illumination is directed onto the sign and
complies with Section 4.13 of this By-law. Signs may also be subject to any
sign By-law enacted by the Municipality under the Municipal Act.
11. Parking for home based business(es) shall comply with Section 4.22 of this
By-law.
4.13 Illumination
Illumination of buildings, structures and grounds shall be permitted provided:
1. Illumination does not cause direct or indirect glare on a street or private road
that may interfere with traffic or pedestrian safety.
2. Illumination does not consist of a colour or be so designed or located that it may
be confused with traffic signals.
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3. Illumination does not cause direct or indirect glare on land or buildings or
structures on any adjacent property that creates a public health or safety issue.
4.14 Kennel
A kennel shall only be permitted in a RU Zone subject to rezoning.
4.15 Land Suitability For Use
Despite any other provision of this By-law, no habitable building or structure shall be
erected, altered or used on hazardous lands.
4.16 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of the
Building By-law or any other By-law in force within the Municipality or from obtaining
any permit, license, permission, authority or approval required by this or any other By-
law of the Town of Spanish or by any other provincial or federal law in force from time to
time.
4.17 Loading/Delivery Space Regulations
For every building or structure erected for a commercial use, institutional use or
industrial use involving the receiving, shipping or unloading of merchandise or other
goods, loading/delivery spaces shall be required in accordance with the following zoning
regulations:
1. Minimum loading/delivery space height clearance ..................... 4.25 m [13.9 ft.]
2. Minimum loading/delivery space width ...................................... 3.75 m [12.3 ft.]
3. Minimum loading/delivery space length ....................................... 10 m [32.8 ft.]
4. Minimum aisle or driveway width leading to a loading/delivery space 6m [19.6 ft.]
5. Minimum no. of loading/delivery spaces ...... 0 for net floor area less than 200 m2
6. Minimum no. of loading/delivery spaces... 1 for net floor area of 200 m2-1,000 m2
7. Minimum no. of loading/delivery spaces................ 1 for each additional 1,000 m2
8. All loading spaces shall be located within the property boundaries (lot lines) of
the lot on which they are located.
9. Minimum setback of any required loading/delivery space from any lot line shall
be 3 m [9.84 ft.].
10. The loading/delivery space regulations shall not apply to existing buildings or
structures, but shall apply to any increase in the net floor area of an existing
building or structure after the date of the passing of this By-law.
4.18 Minimum Distance Separation and Special Setbacks
Despite the zoning regulations in this By-law, no person shall use any land, building
or structure unless the use, building or structure complies with the following
4.18.1 Waste Management Facility
1. No development or land use shall be permitted within 30 m [98.4 ft.] of the
licensed fill area of an active waste management facility.
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2. No waste management facility shall be permitted within 30 m [98.4 ft.] from
the high water mark of any water body or wetland.
3. No waste management facility shall be permitted on land covered by water
or in any area subject to flooding.
4.18.2 Pits and Quarries
1. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone
boundary of a pit measured as the shortest horizontal distance between the
lot line of the sensitive land use and the zone boundary of the pit or the
nearest face of the excavation, whichever is the closest.
2. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry
measured as the shortest horizontal distance between the lot line of the
sensitive land use and the zone boundary of the quarry or the nearest face
of the excavation, whichever is the closest.
4.18.3 Industrial Uses
1. Class I Industrial - Light Industrial: The minimum separation distance
from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.]
and shall be measured as the shortest horizontal distance between the lot
line of the sensitive land use to the lot line of the Class I Industrial Use.
2. Class II Industrial - Medium Industrial: The minimum separation distance
from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.]
and shall be measured as the shortest horizontal distance between the lot
line of the sensitive land use to the lot line of the Class II Industrial Use.
3. Class III Industrial - Heavy Industrial: The minimum separation distance
from a sensitive land use and a Class III Industrial use shall be 300 m
[984.2 ft.] and shall be measured as the shortest horizontal distance between
the lot line of the sensitive land use to the lot line of the Class III Industrial
Use.
4. Where an industrial use or sensitive land use is an existing use and an
expansion or extension is proposed, the minimum separation distance for a
Class I, II or III Industry shall be measured from the nearest main wall of the
building or structure occupied by the sensitive land use and the nearest
main wall of the building, structure, processing area, assembly or
manufacturing area occupied by the industrial use.
4.18.4 Minimum Distance Separation Formulae I and II
1. The Minimum Distance Separation Formulae I and II of the Ministry of
Agriculture, Food and Rural Affairs shall apply to new or expanding livestock
facilities and the establishment of residential uses or vice versa on
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properties adjacent or in proximity to livestock operations, but shall not apply
between a dwelling and a livestock facility on the same lot.
2. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac]
created after the date of passing of this By-law shall comply with the
Minimum Distance Separation Formulae I as amended by the Province
from time to time, where applicable. The Minimum Distance Separation
Formulae I shall not apply to existing lots of record 1 ha [2.47 ac] or less.
3. Despite anything in this By-law to the contrary, where an existing sensitive
land use that does not comply with the Minimum Distance Separation
Formulae I is destroyed or rendered uninhabitable by fire or other natural
cause, the building or structure may be reconstructed where the new
building or structure is located no closer to a livestock facility than the
original building or structure and the gross floor area and height are not
increased.
4. The Minimum Distance Separation Formulae I shall not apply to the
erection of a new dwelling that does not comply with the Minimum
Distance Separation Formulae I where there are four or more existing non-
farm uses closer to the subject livestock facility provided that the new
dwelling is not constructed closer to the livestock facility than the four or
more existing non-farm uses.
5. The Minimum Distance Separation Formulae I shall not apply to the
construction of accessory buildings and structures to a permitted existing
dwelling on the property (e.g. deck, garage, gazebo, greenhouse, picnic
area, patio, shed).
6. The Minimum Distance Separation Formulae I shall not apply to proposed
non-agricultural uses within an approved settlement area.
7. The Minimum Distance Separation Formulae I shall not apply to any
cemetery that is closed to further use or receives low levels of visitation.
4.18.5 Water Bodies and Shoreline Buffer Zone
1.
Subject to Section 4.8, the minimum setback from the high water mark for
dwelling, a non-residential or accessory building or structure or an
individual on-site sewage service shall be 20 m [65.5 ft.] except for a
marine facility or marina. The setback shall be measured as the shortest
horizontal distance from the nearest main wall of the building or the edge of
the filter bed/tile bed to the high water mark.
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2.
A shoreline buffer zone shall be maintained between the high water mark
and any permitted use, building or structure except a marine facility in a
RU, LD and ROS Zone.
3.
Despite Section 4.18.5.1, the setback may be reduced to 10 m [32.8 ft.] for
a creek or artificial drainage course.
4.18.6 Wetland
No dwelling, non-residential or accessory building or structure or an individual
on-site sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of
a significant wetland or fish habitat.
4.19 Non-Complying and Non-Conforming Buildings and Structures
4.19.1 Reconstruction, Enlargement of a Non-Complying Building or Structure
Nothing in this By-law shall prevent the enlargement, repair, renovation,
reconstruction, or structural alteration of a building, or structure that existed one
day prior to this By-law coming into effect, and which does not comply with the zone
regulations or other requirements of this By-law provided:
1. The enlargement, repair, renovation, reconstruction, or structural alteration
does not increase the situation of non-compliance; and
2. The enlargement, repair, renovation, reconstruction, or structural alteration
does not pose a threat to public health or safety; and
3. All other applicable provisions of this By-law are complied with.
4.19.2 Non-Complying Lots
1. Despite anything else contained in this By-law, an existing vacant lot
having a lesser lot frontage and/or lot area than is required by this By-law,
may be used provided that no such lot has a lot area of less than 2,000
m2 [21,529 ft.2] in a RU or ROS or LD Zone and cannot be adequately
serviced with water and sewage services, and provided all other
applicable zone regulations in this By-law are complied with.
2. A non-complying lot that existed on the date of the passing of this By-
law, and which does not comply with the minimum lot frontage and/or
minimum lot area zone regulations of this By-law may be enlarged by a
lot addition and the resultant lot shall be deemed to comply with all the
zone regulations of this By-law including the minimum lot frontage and
minimum lot area. All zone regulations applicable to any existing
buildings on the resultant lot shall thereafter be deemed to comply with
the zone regulations of this By-law.
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4.19.3 Non-Conforming Uses
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law so long as it continues to be used for that purpose. The non-conforming use
of any land, building or structure shall not be changed or enlarged except to a
use which is in conformity with the provisions of the zone in which the land,
building or structure is located, or without permission from the Committee of
Adjustment pursuant to the Planning Act. Where the non-conforming use ceases,
the use will be deemed to have been discontinued.
4.19.4 Reconstruction of a Non-Conforming Use
1. Nothing in this By-law shall prevent the strengthening, restoration or
reconstruction of any non-conforming building or structure which
existed on the date of the passing of this By-law, provided that the
strengthening, restoration or reconstruction does not increase the building
height, size or volume or change the use of such building or structure,
except such minor changes as may be expressly required for the
restoration of the building or structure to a safe condition.
2. Nothing in this By-law shall prevent the strengthening, restoration or
reconstruction of any non-conforming building or structure that is
destroyed or rendered uninhabitable by fire or other natural cause,
provided the height and gross floor area are not increased, and the new
building or structure is erected or on the same building footprint.
4.19.5 Prior Building Permits for a Non-Conforming Use
Nothing in this By-law shall prevent the erection or use of any building or structure
for which a building permit has been issued under the Building Code Act prior to the
passing of this By-law, so long as the building or structure when erected is used
and continues to be used for the purpose for which it was erected and provided the
permit has not been revoked under the Building Code Act.
4.19.6 Road Widening Creating a Non-Complying Use
Nothing in this By-law shall prevent the use of any land, building or structure or the
erection of any building or structure on a lot which does not comply to the minimum
lot frontage and/or lot area and/or front yard setback and in the case of a corner
lot, the exterior side yard setback, as a result of a road widening taken by the
Town of Spanish or the Ministry of Transportation of Ontario, provided all other zone
regulations of this By-law are complied with.
4.20 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures,
or parts thereof:
1. Any private garage or other building or structure which is accessory to a
residential use unless specifically permitted by this by-law.
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2. Any truck, bus, coach or streetcar body whether or not the same is mounted on
wheels.
4.21 Open Storage and Outdoor Display
No person shall use any lot or part thereof for open storage, or outdoor display
except as permitted by this By-law and as an area which has been specifically designed
and set aside for such purpose, is fully integrated with the principle use of the lot and is
in accordance with the following:
1. Open storage shall not be permitted within any required front yard and no closer
than 5 m [16.4 ft.] to any interior side lot line or rear lot line.
2. Where open storage areas abut a residential zone (see Section 5.2 for list of
zones), the required setback of the open storage area shall be increased by or to a
minimum of 10 m [32.8 ft.] and shall also be visually screened from any residential
use.
3. An outdoor display area shall be permitted as an accessory use to any permitted
commercial use, industrial use or public service use provided that the outdoor
display area does not reduce any required parking area or loading space required
by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84
ft.] from any front lot line or interior side lot line. Despite the above, seasonal
sales of Christmas trees or a temporary (i.e. weekend) or a yard sale shall be
permitted to occupy a designated parking area but shall be subject to any
restrictions otherwise imposed by license or permit by the Municipality.
4.22 Parking, Motor Vehicles, Bicycles and Drive-Through Facilities
4.22.1 General
1. Except as provided herein, no motor vehicles shall be parked or stored in
any zone (see Section 5.2 for list of zones) unless the motor vehicle is
located within a garage, carport, driveway, parking area, or on a street as
permitted by Municipal By-law.
2. No parking space in a residential zone (see Section 5.2 for list of zones)
shall be used for the outdoor parking or storage of a motor vehicle unless
such motor vehicle is used in operations incidental to the residential use of
the lot on which it is parked or stored and bears a motor vehicle license
plate or sticker which is currently valid.
3. Each standard parking space or queuing space in a queuing lane shall
have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.]
and each barrier-free parking space shall have a minimum width of 3 m [9.8
ft.] and a minimum length of 6 m [19.6 ft.].
4. Unless permitted elsewhere in this By-law, where two or more uses are
permitted in any one building or structure on any lot, then the off-street
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parking regulations for each use shall be calculated as if each use is a
separate use, and the total number of off-street parking spaces so
calculated shall be provided.
5. The regulations for parking spaces shall not apply to any building or
structure in existence at the date of passing of this By-law so long as the
gross floor area, as it existed at such date, is not increased and no change
in use occurs. If an addition is made to the building or structure which
increases the gross floor area or a change in use occurs than parking
spaces for the addition or area changed in use shall be provided.
6. Supplementary regulations for parking spaces for dwellings in residential
zones (see Section 5.2 for list of zones) shall be as follows;
i) The driveway and parking space shall be constructed of crushed stone,
asphalt paving, concrete, paver stones or similar materials.
ii) No more than fifty percent (50%) of the area of any required front yard
shall be used or constructed as a driveway or parking space.
iii) No more than fifty percent (50%) of the lot frontage shall be used or
constructed as a driveway or parking space.
7. Supplementary regulations for a parking area for more than four motor
vehicles shall be as follows:
i) The parking area shall be constructed of crushed stone, asphalt paving,
concrete, paver stones, or similar materials.
ii) Ingress and egress directly to and from every parking space shall be by
means of a driveway, lane or aisle having a width of at least 6 m [19.7
ft.] for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking
is angled.
iii) A driveway or lane which does not provide ingress and egress directly to
a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where
designed for one-way vehicular circulation or 6 m [19.7 ft.] where
designed for two-way vehicular circulation.
8. Where the calculation of the minimum number of parking spaces required
results in a fraction, the minimum requirement shall be the next higher whole
number.
4.22.2 Barrier Free Parking
One barrier free parking space shall be required for any use requiring 10
standard parking spaces or more and barrier free parking spaces shall be
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provided at a ratio of one barrier free parking space for each 25 standard
parking spaces and shall be included as part of the total number of standard
parking spaces required.
4.22.3 Drive-Through Facilities
Despite any other zone regulation in this By-law, where a use of land, building
or structure incorporates a drive-through facility, the following zone
regulations shall apply:
1. A drive-through facility shall be a permitted use in the C1, C2 and MC
zones.
2. A drive-through facility is a principle use in combination with another
permitted use and shall comply with the zone regulations in the zone in
which the drive-through facility is located.
3. The minimum dimensions of a queuing space in a stacking lane shall be 2.7
m by 6 m [8.85 ft. x 19.6 ft.].
4. No part of any order station shall be located closer than 10 m [32.8 ft.] from
the property boundary of any property or lot occupied or zoned for a
residential use.
5. All drive-through facilities shall comply with the zone regulations for
parking as set out in Table 4.22 of this By-law.
6. Stacking lanes for any drive-through facility shall be designed to
accommodate a minimum of eight (8) motor vehicles.
4.22.4 Bicycle Parking and Storage
1. Any building, except an existing building, with a net floor area of 200 m2
[2,152 ft.2] used for a commercial use, institutional use, or an industrial
use shall install a bicycle storage rack designed to securely store a minimum
of ten (10) bicycles, and such bicycle storage rack shall be located within 15
m [49.2 ft.] of the main entrance of the building.
2. Any apartment dwelling, except an existing building, shall provide a
secure storage area internally within the building designed to accommodate
a minimum of 1 bicycle per dwelling unit.
3. Any apartment dwelling, except an existing building, with five (5) or more
dwelling units shall install a bicycle storage rack designed to securely store
a minimum of five (5) bicycles and such bicycle storage rack shall be located
within 15 m [49.2 ft.] of the main entrance of the building.
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4.22.5 Commercial Vehicle, Recreational Vehicles and Recreational Equipment
No person shall in any residential zone, use any lot for parking or storage of
any commercial motor vehicle, recreational vehicle or recreational
equipment except as follows:
1. The owner or occupant of any lot, building or structure in any residential
zone, may use any attached or detached private garage or private
driveway for the parking or storage of one (1) only commercial motor
vehicle not exceeding 2,722 kg Gross Vehicle Weight (GVWR).
Despite the above, one (1) only school bus may be parked on any lot in a
residential zone in addition to one (1) only commercial vehicle. No
limitation shall apply to school buses or commercial vehicles parked in a
rural zone.
2. Recreational equipment, and a maximum of two (2) recreational vehicles
may be stored on a lot in a residential zone in accordance with the
following zone regulations:
a. No storage of any recreational equipment or recreational
vehicle(s) shall be permitted unless a main building has been
constructed or where Section 4.30 of this by-law is deemed to apply.
b. An attached or detached private garage may be used for the
housing or storage of any recreational equipment or recreational
vehicle(s).
c. Exterior storage shall be limited to an interior side yard or rear yard
of the lot and no part of any recreational equipment or recreational
vehicle shall cross a lot line, and
d. Exterior storage of any recreational equipment or recreational
vehicle(s) shall be permitted in a front yard or exterior side yard
provided:
The lot has a minimum lot frontage of 15 m [49.2 ft.], and
The recreational equipment or recreational vehicle(s) is/are
stored on a driveway and does not occupy a required parking
space, and
That no part of any recreational equipment or recreational
vehicle(s) shall cross a lot line.
3. A lot may be used for the storage or use of up to two [2] recreational
vehicles in a RU and LD zone provided all applicable zone regulations in
this by-law are met (see 4.32).
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4. No lot in any other zone shall be used for the storage or use of a
recreational vehicle unless otherwise listed as a permitted use in the zone.
4.22.6 Schedule for Parking Regulations
In any zone, the owner or occupant of any building or structure erected,
enlarged or changed in use after the date of passing of this By-law shall provide
off-street parking spaces in accordance with the minimum number of parking
spaces set out in Table 4.22 as follows:
Table 4.22 - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Residential:
Accessory dwelling
Converted Dwelling
Duplex Dwelling
Guest House
Mobile home
Seasonal dwelling
Semi-detached dwelling
Single-detached dwelling
2 spaces per dwelling
Residential:
Accessory Apartment
Apartment dwelling
Multiple-unit dwelling
Row or townhouse
Second Residential Unit
Triplex dwelling
1.5 spaces per dwelling unit, 15% of which
shall be reserved as visitor parking where
eight or more parking spaces are required
Residential:
Bachelor dwelling unit
Boarding house
Dormitory
Garden suite
Senior citizen dwelling
Tiny house
1 space per dwelling unit, or 1 space per
38 m2 [409 ft.2] whichever is greater
Dormitory or boarding house: 1 space per
occupant
Animal Shelter
1 space per 30 m2 [322.9 ft.2] of gross floor
area
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Auto body shop, auto repair shop, automotive
service station, gas bar, recreational vehicle
repair and garage
3 spaces per service bay plus
1 space per employee; minimum 6 spaces
Assembly hall, auction hall, auditorium,
banquet facility, dance hall, entertainment
establishment, stadium, theatre, bingo hall,
funeral home and similar places of assembly
The greater of 1 space for every 4 seats or 1
space for every 12 m2 [129.1 ft.2] of assembly
space
Bed and Breakfast Establishment, Farm
Vacation Establishment
1 space for each guest room available to the
travelling public in addition to the required
parking for the dwelling
Building supply store, lumber yard, garden
centre, nursery, equipment and vehicle
storage yard
1 space for each 22 m2 [236.8 ft.2] of gross
floor area and
1 space for each 35 m2 [376.2 ft.2] of open
storage
Car Rental Agency
30 spaces minimum
Clinic, medical marijuana facility
3 spaces per medical practitioner
Convenience store
1 space per 18 m2 [193.7 ft.2] of gross floor
area
Continuum-of-Care Facility
1 space for every 6 patient beds plus
1 space for every 4 employees
Crisis Care Facility
2 spaces minimum in addition to the required
parking for a dwelling or if not located in a
dwelling, 1 space per 38 m2 [409 ft.2] of gross
floor area
Day nursery
1 space per employee and 1 space per 5
children or 1 space for every 15 children
registered or fraction thereof
Drive-through facility
1 parking space per 10 m2 [107.64 ft.2] of
gross floor area
Equipment Rental Establishment, Equipment
Sales Establishment, Equipment Service and
Repair Establishment, automotive sales
establishment
1 space per 35 m2 [376.7 ft.2] of open storage
or gross sales area plus 1 space per
employee
Factory Outlet, Retail Outlet
1 space per 28 m2 [301.3 ft.2] of gross floor
area plus required spaces for an industrial
use or commercial use
Garden centre and nursery
1 space per 30 m2 [322.9 ft.2] of gross floor
area
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General business including: adult video
rental, animal day care establishment, bake
shop, bank, brewery and winery, catering
establishment, commercial and personal
service establishment, dry cleaning or
laundry outlet, office, grocery store,
laundromat, microbrewery, pet grooming
establishment, rental store, retail store,
service outlet or shop, shopping centre,
tourist outfitters establishment, wholesale
establishment
1 space per 28 m2 [301.3 ft.2] of gross floor
area
Group Home
2 spaces plus the required parking for the
dwelling
Home Based Business, Home Industry
A minimum of one (1) parking space and a
maximum of three (3) parking spaces shall
be permitted in addition to the required
parking for the dwelling
Hotel, Motel, Tourist Establishment
1 space per guest unit, plus
1 space per 12 m2 [129.1 ft.2] of gross floor
area dedicated to administrative, banquet
and meeting facilities
Industrial use, abattoir, agricultural-related
use, bakery, custom work shop, studio,
transportation depot or truck terminal
1 space per 30 m2 [322.9 ft.2] of gross floor
area
Place of amusement, arcade, recreational
commercial establishment, fitness centre,
massage parlour, wellness centre
1 space for every 4 persons that can be
accommodated
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, Tavern
1 parking space per 10 m2 [107.64 ft.2]
School - elementary
1.5 spaces per classroom plus 6 spaces for
visitors
School - secondary or private
4 spaces per classroom plus 8 spaces for
visitors
Warehouse
1 space per 100 m2 [1,076 ft.2] of gross floor
area
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4.23 Parts of Buildings or Structures Permitted Above Height Level
1. The height regulations in this By-law shall not apply to any of the following:
a. Air conditioning system
b. Chimney
c. Church spire or belfry or turret
d. Communications facility
e. Drying tower
f. Elevator or stairway enclosure
g. Enclosed mechanical and electrical equipment
h. Farm buildings and structures including but not limited to a barn, silo or windmill
i.
Flag pole
j.
Hydro electric transmission tower or pole
k. Ornamental dome or clock tower
l.
Receiving and transmitting antenna
m. Receiving stations
n. Satellite dish/receiver
o. Skylight
p. Solar collector/commercial solar collector
q. Ventilating fan or skylight
r. Water tower
s. Wind Turbine/commercial wind turbine
2. The minimum setbacks in all directions for a communications facility shall be the
equivalent of the height of the tower except where such facility is authorized and/or
approved by Industry Canada.
4.24 Permitted Projections
Every part of any yard required by this By-law shall be left open and unobstructed by
any structure from the ground to the sky except that those physical structures or
architectural features listed in Table 4.24 shall be permitted to project or extend into the
minimum yards required by this By-law for the following specified distances:
Table 4.24 - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Chimney breasts, cornices, sills, bay
windows, pilasters, eaves or gutters, solar
collectors where attached to a building,
shutters cornices, parapets or other
ornamental structures
0.75 m [2.46 ft.] into any required front yard,
rear yard or interior side yard
Canopies which are at least 2.13 m (7 ft.) in
vertical clearance above the established
grade, with or without supporting posts
2 m [6.5 ft.] into any required yard
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Table 4.24 - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Canopies for entrances to apartment
buildings and commercial buildings
Despite any other provisions in this By-law, a
canopy or portico over a major entrance to an
apartment building or commercial building
may project into the required yard a distance
equal to one-half (½) the setback of the
building from the street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps and walkways for use by
persons with disabilities
No maximum into any required yard provided
they are no closer than 0.5 m [1.6 ft.] to any
lot line
Porch, uncovered platform landing, patio or
deck, balconies or steps
No maximum into any side yard provided
they are no closer than 0.5 m [1.6 ft.] to any
lot line and 3 m [9.8 ft.] into any required
front or rear yard
Air conditioner
0.5 m [1.6 ft.] into any yard
Fire escapes, exterior stair cases from a
building having two storeys or more above
grade
1.5 m [4.92 ft.] into an interior side or rear
yard only
Heat pump or geothermal power facility
1.5 m [5 ft.] into an interior side yard or rear
yard
Accessory building
As permitted by and as specified in this By-
law
Fences, hedges, shrubs, trees, freestanding
walls and retaining walls, flagpoles, light
standards, garden trellises, clothes lines, and
similar structures or features, bicycle racks
No maximum into any yard except with
respect to the zone regulations for a sight
triangle
Solar collector, wind turbine
No maximum into any interior side yard or
rear yard provided they are no closer than
0.5 m [1.6 ft.] to any lot line.
Despite the above, a single cell ground-
mounted solar collector servicing a single
electrical fixture may be located in any yard
4.25 Prohibited Uses
The following uses are prohibited in any zone, unless otherwise permitted by this by-
law:
1. Adult Entertainment Parlour and Body Rub Parlour; and
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2. The use of any accessory building or structure, boathouse or storage
container for human habitation except as otherwise provided for in Sections 4.1.2
and 4.1.9; and
3. The use of bulk storage tanks for storage purposes on any lot; and
4. The storage of inoperative rail cars, streetcars, buses, truck bodies or trailers without
wheels; and
5. The parking or storage of commercial motor vehicles on inoperative farm vehicles
on a vacant lot; and
6. The outdoor storage of partially dismantled and/or unlicensed motor vehicles or
recreational vehicles, or trailers or motor vehicle or trailer parts; and
7. Smelters, ethanol plants, the manufacturing, refining, rendering or distillation of acid,
ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar
or other gases; and
8. The bulk storage of industrial chemicals, and hazardous waste, or liquid industrial
waste as defined under the Environmental Protection Act, R.S.O., c.E.19, as
amended; and
9. The use of storage containers for storage except as otherwise permitted in Section
4.28.
4.26 Sight Triangle
1. Within any area defined as a sight triangle, the following uses shall be prohibited:
a. A building, structure, or use which would obstruct the vision of drivers of motor
vehicles.
b. A fence, tree, hedge, bush or other
vegetation, other than agricultural crops.
c. Any portion of a delivery space, loading
space, driveway or parking space.
d. A berm or other ground surface which exceeds
the elevation of the street by more than 0.6 m
[1.96 ft.].
2. For the purposes of this By-law, the following
sight triangle distances shall apply (see definition
of sight triangle for measurement of distances):
a. 15 m [49.2 ft.] in all commercial and industrial zones.
Figure 4.3: Sight Triangle
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b. 5 m [16.4 ft.] in all other zones.
c. Despite the above in any zone where any street crosses a railway at the same
grade the railway shall be deemed to be a street and a sight distance of forty-five
metres (45 m [147.6 ft.]) shall be required measured from the point of intersection
of the centre line of the railway right-of-way and the street line abutting the lot
[see Figure 4.3].
4.27 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with
the Signs By-law(s) of the Corporation.
4.28 Storage Containers and Storage Trailers
Storage Containers and Storage Trailers shall be permitted in specified zones and in
accordance with the zone regulations as set out in Table 4.28 of this by-law.
Table 4.28 - Requirements for Storage Containers and Storage Trailers
Item
Residential
Zones
Commercial Zones
Industrial & Rural Zones
Number of Storage
Containers and Storage
Trailers (Units)
permitted per lot
One (1) only
storage
container per lot
shall be
permitted in a
Residential
Zone
-maximum of 3 units
whether storage
containers or storage
trailers or a combination
thereof in a C1 an C2
zone only
- no limit where the C3
permitted use is for the
commercial display and
sale of storage containers
or where the permitted
use is a commercial self-
storage facility
- maximum of 3 units whether
storage containers or storage
trailers or a combination thereof in
MC, M1 and M2, and in a Rural
Zone for a non-residential use with
a minimum 0.4 ha lot area
-one (1) additional unit shall be
permitted for each additional 4 ha
of land area in a Rural Zone only,
up to a maximum of 10 total
-not permitted in any source
protection, environmental and
open space zones
Maximum Container
Dimensions
The dimensions
of a storage
container shall
not exceed 6 m
[19.6 ft.] in
length, 2.4 m [7.8
ft.] in width or 3
m [9.8 ft.] in
height.
-3 m (width) by 12.1 m
(length) by 2.9 m (height)
and a maximum gross
floor area of 36.3 m2 per
unit
-3 m (width) by 12.1 m (length) by
2.9 m (height) and a maximum
gross floor area of 36.3 m2 per unit
Location
Rear Yard or
Interior Side
Yard only except
on a temporary
basis
-all other
applicable
setbacks
continue to apply
-minimum 1.5 m
distance
-Rear Yard or Interior
Side Yard only except on
a temporary basis
-all other applicable
setbacks continue to
apply
-minimum 1.5 m distance
separation from any main
building, window or door
of a habitable room
-No restriction provided unit(s) set
back a minimum of 30 m from
street line
-all other applicable setbacks shall
continue to apply
-minimum 1.5 m distance
separation from any main building,
window or door of a habitable
room
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Table 4.28 - Requirements for Storage Containers and Storage Trailers
Item
Residential
Zones
Commercial Zones
Industrial & Rural Zones
separation from
any main
building, window
or door of a
habitable room
Maximum Lot Coverage
Shall apply as
per the zone
affected
Shall apply as per the
zone affected
Shall apply as per the zone
affected
Location Restriction
A storage
container shall
be located in the
rear yard only.
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape buffer
Not permitted on any required
parking space, parking aisle,
driveway, stacking lane or on a
required landscape buffer
Use Restriction
Human
habitation is
prohibited
Human habitation is
prohibited
Human habitation is prohibited
Maximum Height
Restriction
No stacking of
storage units
shall be
permitted
No stacking of storage
units shall be permitted
No stacking of storage units shall
be permitted
Ventilation
Ventilation shall
be required
Ventilation shall be
required
Ventilation shall be required
Fencing
Use for the
purpose of
screening or
fencing
prohibited
Use for the purpose of
screening or fencing
prohibited
Use for the purpose of screening
or fencing prohibited
Advertising on a
Storage Container or
Storage Trailer
Prohibited
Prohibited
Prohibited
Snow Load, Rain Load,
Fire, Occupancy and
Foundations
Shall comply with
Ontario Building
Code. Trailer
wheels to be
removed
Shall comply with Ontario
Building Code. Trailer
wheels to be removed
Shall comply with Ontario Building
Code. Trailer wheels to be
removed
Additional Provisions:
1. A storage container and a storage trailer shall be considered as an accessory use.
2. Despite the number of storage containers and storage trailers permitted in Table 4.28, this section shall
not be deemed to prevent the use of a storage container or storage trailer as a temporary use in any zone
as per Section 4.30 of this By-law where required for the storage of building materials or equipment or use
as a field office associated with construction on the same lot provided a valid building permit is in place.
Despite the location limitations, any storage unit may be located in any yard except in a sight triangle (see
also Section 4.30).
3. Despite the number of storage containers and storage trailers permitted in Table 4.28, this section shall
not be deemed to prevent the use of a storage container or storage trailer required as part of the operation
of a Contractor's Yard as defined in this by-law.
4. Despite the requirements on the Ontario Building Code, a foundation shall not be required for any storage
container with a gross floor area of less than 55 m2.
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4.29 Streets, Parks, Playgrounds and Community Gardens
In any zone established by this By-law, streets, walkways, bike paths, parks,
playgrounds and community gardens shall be permitted.
4.30 Temporary Buildings or Structures During Construction
1. No accessory building shall be erected prior to the erection of the main building
on the same lot except where it is necessary for the storage of the tools and
materials for the use in connection with the construction of the main building or
structure, and no such accessory building shall, prior to the erection of the main
building be used for any other purpose other than the storage and shall not be used
for human habitation unless otherwise permitted by this By-law.
2. In addition, a building or structure used as a construction or field office may be
temporarily permitted on the same lot in the form of a mobile, relocatable, portable
or transportable building or structure during construction provided:
a. Approval is obtained from the Corporation.
b. Such temporary accommodation is removed from the lot immediately upon
completion of construction or abandonment of construction.
3.
Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary sales or rental office for which a building permit has been issued and/or
approval is obtained from the Corporation.
4.31 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to limit the use of any land or to the
erection or use of any building or structure in any zone for a utility installation or
municipal infrastructure for the purpose of a public service use by the Town of Spanish
and/or any public authority, any department of the Government of Ontario or Canada,
including any Hydro One facilities and a federally or provincially regulated utility of
communication service pursuant to the Planning Act, provided that where such land,
building or structure is located in a residential zone (see Section 5.2 for list of zones)
or on a lot adjacent to a residential zone:
1. No goods, materials or equipment shall be stored in the open.
2. The lot coverage and setback regulations of the zone in which such land, building
or above ground structure is located shall be complied with.
3. Any building erected under the authority of this section shall not be used for the
purpose of an office except for a government building.
4. The regulations for parking spaces and loading regulations as contained in this By-
law shall be complied with.
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5. Communications facilities shall comply with Industry Canada Standards for
construction and safety. A communications facility shall only be permitted in a
rural zone or an Industrial (M1, or M2) Zone.
6. Secondary uses, such as active and passive recreation, agriculture, community
gardens, other utilities, and uses such as parking lots and outdoor storage that are
accessory to adjacent lands uses, are encouraged on hydro corridor lands, where
compatible with surrounding land uses. However, a proponent should be aware of
the primacy of electricity transmission and distribution facilities and that secondary
uses require technical approval from Hydro One Networks.
4.32 Water and Sewage Disposal Systems
No person shall erect or use in whole or in part, any building or structure unless the
use, building or structure is properly connected to approved water and sewage
systems under the Ontario Water Resources Act or the Building Code Act unless the
use is exempted under the Building Code Act or prohibited or regulated by this By-law.
4.33 Wellhead Protection Area
No use of land or the erection of buildings or structures shall be permitted within a
Wellhead Protection Area, as shown on Schedule C to this By-law, except in compliance
with the following provisions:
1. Within the Wellhead Capture Zones 1 and 2, as shown on Schedule "A", all uses
within Table 1- Categories "A, B, and C" are prohibited. Any permitted uses shall be
developed only where they can be connected to full municipal water and sewage and
where capacity is available. No underground storage or outside storage that does
not have built-in secondary containment system shall be permitted, and such storage
shall be restricted to the storage of fuel required for domestic use or for the short
term storage as an energy supply for a non-residential use.
2. Within wellhead capture Zone 3, as shown on Schedule "C", Category "C" uses shall
be permitted where lands are permitted subject to a rezoning in compliance with the
performance standards or best management practices respectively, of the Official
Plan for such uses.
3. Existing Uses, Enlargements, Extensions or Change of Uses
Land uses in Table 1 existing within Zones 1 and 2 of the Wellhead Protection Area
at the time of the coming into force of zoning by-law amendments adopted in
accordance with the policies for Wellhead Protection Areas, will be recognized as
legal non-conforming uses within the zoning by-law. Once these uses cease to exist,
such legal conforming status will be lost and such uses will no longer be permitted.
Existing Category "C" land uses in Table 1 located in Zone 3 may be expanded by
amendment to this by-law where they comply with the performance standards set out
in the Official Plan.
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Table 1 - Risk Categories by Land Use
Category A Uses (High Risk)
An On-site (private) sewage disposal system
A groundwater heat pump without secondary containment (Sealed basement for new
construction with inside oil tank)
A gas or oil pipeline
A new sewage collection main
Above ground storage tanks (ASTs) with secondary containment except for a permitted
non-residential use
Auto wrecking and salvage yards
Bulk road salt storage
Bulk storage of chemicals or hazardous substances, including on-farm storage for
agricultural production purposes
Bulk storage of tires
Lagoons for sewage treatment
Land application of nutrients including bio-solids or septage
Manure storage facilities
Municipal landfills
Petroleum products refining and asphalt batching
Private facilities for the disposal, storage, handling, transfer, processing and/or recycling
of any solid or liquid wastes, including private landfills, and excluding residential sewage
systems.
Snow storage and disposal facilities
Underground storage tanks (USTs) and any in-ground process-related piping of
chemicals and lubricants, sumps such as dry wells and machine pits, and automotive
repair pits
Warehousing, bulk storage of oil, gasoline or petroleum products
Warehousing of cleaning products, pesticides, herbicides, fungicides and chemicals,
excluding on-farm storage for agricultural production purposes
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Table 1 - Risk Categories by Land Use
Category B Uses (Medium Risk)
Assembly of aircraft and aircraft parts, motor vehicles, truck, but bodies, trailers, rail cars,
mobile homes, ships and boats
Automobile service stations and gas stations
Commercial or industrial dry cleaning of textiles and textile products
Foundries non-ferrous metal smelting and refining
Leather tanning and finishing
Manufacturing and dyeing of textiles
Manufacturing of agricultural, commercial and industrial machinery
Manufacturing of cable and wire
Manufacturing of chemicals, resins, paints, varnish, printing inks, adhesives, plastics and
reinforced fibreglass plastic
Manufacturing of electronic components such as semiconductors, printed circuit boards
and cathode ray tubes
Manufacturing of engines, engine parts, steering and suspension parts, wheels and
brakes
Manufacturing of jewellery and precious metals
Manufacturing of motor vehicle wiring
Manufacturing of pharmaceuticals and medicines
Manufacturing of unfinished fabricated metal products and parts
Manufacturing of wet electrical equipment and wet batteries
Metal casting operations
Metal finishing operation (electroplating, electro-coating, galvanizing, painting, application
of baked enamel)
Underground storage tanks (USTs) and any in-ground process-related piping of
chemicals and lubricants, sumps such as dry wells and machine pits, and automotive
repair pits
Vehicle stamping operations
Wood and wood product preservation and treatment
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Table 1 - Risk Categories by Land Use
Category C Uses (Low Risk)
Abattoirs
Airports
Asphalt paving and roofing contractor yards
Automated manufacturing of soft drinks, distilleries, breweries and wine making
Automated production of baked goods, dairy, canned goods, frozen foods, processed
food
and meat
Cemeteries
Funeral homes
Furniture, casket, cabinet and other wood products manufacturing and assembly
Glass and glass products manufacturing
Golf courses
Intensive livestock operations and associated manure storage facilities and land
application of manure
Lawn care contractors
Machinery equipment rental outlets
Market gardening farms
Manufacturing of dry batteries
Manufacturing electrical appliances, equipment, motors, lighting fixtures, lamps
Manufacturing of electric light bulbs and tubes
Manufacturing of paper, newsprint, boxes
Manufacturing of plastic and foam parts and products
Manufacturing of rubber products
Manufacturing of soaps and toiletry preparations
Medical health and other laboratories
Photographic developing facilities
Printing of newspaper, packaging and books
Rendering facilities
Repair of motor vehicles, aircraft, water craft, rail vehicles, trucks, buses and machinery
Repair of photographic equipment, electrical motors, electrical equipment, vending
machines, small motors, appliances, computer equipment and jewellers
Retail sale of agricultural fertilizers and pesticides
Storage, repair yards and facilities for contractors
Transit terminals
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4.34 Zones Applying to More than One Properties
Where a lot is divided into more than one zone, each such portion of the lot shall be
used in accordance with the provisions of this By-law for the zone where such portion of
the lot is located. Each such portion of the lot shall be considered as a separate lot for
the purposes of determining zone provisions.
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Section 5 ZONES
5.1
Zone Classification
For the purposes of this By-law, the Town of Spanish is divided into the following zones
as named and described in the following sections, the boundaries of which are shown on
the attached Schedules which are attached to and form part of this By-law.
5.2
Zones
Zones
Name of Zone
Zone Symbol
Residential Zones
Low Density Residential
R1
Medium Density Residential
R2
Apartment Residential
R3
Institutional Zone
Institutional
I
Commercial Zones
General Commercial
C1
Tourist Commercial
C2
Industrial Zones
Service Commercial / Light Industrial
MC
General Industrial
M1
Rural Industrial
M2
Railroad Industrial
M3
Mineral Aggregate Resource
MX
Mining
MM
Waste Management
WMF
Other Zones
Rural
RU
Parks and Open Space
OS
Restricted Open Space and Waterfront
ROS
Lakeshore Development
LD
Environmental Protection
EP
5.3
Use of Zone Symbols
The symbols listed in Section 5.2 may be used to refer to any of the uses of land,
buildings or structures permitted by this By-law (including the zoning schedules) in
the said zones, and the intent of the By-law is that the associated zone regulations
apply.
5.4
Holding Zone "h" Designation
Any zone classification may be placed in a Holding Zone by adding to the zone symbol
the letter "h" where conditions set out in the official plan must be met before
development is permitted. No development is permitted on lands where the "h" symbol
appears until the applicable conditions have been met and the "h" is lifted by an
amendment to this By-law under Section 36 of the Planning Act.
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5.5
Interpretation of Zone Boundaries
When determining the boundary of any zone as shown on any Schedule forming part of
this By-law, the following provisions shall apply:
1. A boundary indicated as following a highway, street, private road or lane shall
follow the centre line of such highway, street, private road or lane.
2. A boundary indicated as following a water body or the right-of-way of a railway or an
electrical, gas or oil transmission line shall follow the centre line of such water body
or right-of-way.
3. A boundary indicated as following the high water mark shall follow such high water
mark, and in the event of a change in the high water mark, the boundary shall be
construed as moving with the actual high water mark.
4. A boundary indicated as approximately following lot lines shown on a Registered
Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot
lines.
5. Where a boundary is indicated as approximately parallel to a street line or other
feature, indicated in clause (1), (2), and (3) above, and the distance from such street
line or other feature is not indicated, and clause (4) above is not applicable, such
boundary shall be construed as being parallel to such street line or other feature, and
the distance there from shall be determined according to the scale shown on the
appropriate Schedule.
6. A boundary indicated as following the limits of the Municipality shall follow such
limits.
7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming
part of this By-law is closed, the property formerly in such street, lane or right-of-way
shall be included within the zone of the adjoining property on either side of such
closed street, lane or right-of-way. If a closed street, lane or right-of-way is the
boundary between two or more different zones the new zone boundaries shall be the
former centre line of the closed street, lane or right-of-way.
8. Where any zone boundary or a dimension is left uncertain after the application of the
above provisions, then the boundary or dimension shall be determined from the
zoning schedule using the scale bar thereon.
5.6
Exception Zones
The zone classification set out in Section 5.1 shall be deemed to include any exception
zone set out in Section 24 of this By-law and each exception zone is deemed to be a
separate zone and shall be interpreted to include any relevant or applicable provision of
this by-law as may be required to enforce or interpret the provisions therein.
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Section 6 LOW DENSITY RESIDENTIAL (R1) ZONE
No person shall use any land or erect, alter or use any building or structure in the Low Density
Residential (R1) Zone except in accordance with the following zone regulations:
6.1
Permitted Uses
6.1 - R1 Permitted Uses
Principle Use
Accessory Use
Duplex Dwelling
Second Residential Unit
Semi-Detached Dwelling
Single Detached Dwelling
Two-Unit Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Garden Suite (see 4.1.9)
Home Based Business (see 4.11)
Private Home Daycare
Swimming Pools (see 4.1.11)
Temporary Car Shelter (see 4.1.12)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.11)
Park, Playground,
Community Garden (see
4.29)
Accessory use, building or structure (see 4.1.1)
Public Service Use (see
4.31)
Accessory use, building or structure (see 4.1.1)
Permitted Uses
6.2
Zone Regulations
6.2 - R1 Zone Regulations for Permitted Uses
Minimum Lot Area
Municipal Water and Sewage Services: 600 m2 [6,458 ft.2]
Municipal Water or Sewage Services: 1250 m2 [13,455.3 ft.2]
Private Individual On-Site Services: 0.4 ha [0.98 ac.]
Minimum Lot
Frontage
Municipal Water and Sewage Services: 15 m [49.2 ft.]
Municipal Water or Sewage Services 23 m [75.4 ft.]
Individual On-site Water and Sewage Services: 45 m [147.63 ft.]
Minimum Yard Requirements - Main Building
Front Yard
6 m [19.6 ft.]
Exterior Side Yard
3 m [9.84 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
Rear Yard
6 m [19.2 ft.]
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6.2 - R1 Zone Regulations for Permitted Uses
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or
Rear Yard
1 m [3.28 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1)
Main Building
Municipal Water and/or Sewage Services - 30%
Individual On-site Water and Sewage Services - 10%
Accessory Building
(included in Lot
Coverage for Main
Building)
Municipal Water and/or Sewage Services - 5%
Individual On-site Water and Sewage Services - 3%
Minimum Separation Distance Between Buildings Requirements
Main Building and
any Accessory
Building
1.2 m [3.9 ft.]
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwellings per Lot
1 subject to Section 6.3.1 and Section 4.1.2.4
Floor Area per Dwelling Unit
Minimum Net Floor
Area per Dwelling
Unit
70 m2 [753 ft.2]
Driveways
Maximum Number of
Driveway Entrances
per Lot
2
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
Minimum Width of
Driveway
3 m [9.8 ft.]
Location of Driveway
No closer than 8 m [26.2 ft.] to the nearest intersection of street lines
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6.2 - R1 Zone Regulations for Permitted Uses
Location of Parking
Space
No closer than 1.5 m [4.92 ft.] to any street line
R1-S Permitted Uses (subject to a site specific zoning)
Principle Use
Accessory Use
Neighbourhood
Serving Use
including:
Convenience
Store
Day Nursery or
Private Home Day
Care
Personal Service
Establishment
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
6.3
Additional Regulations
1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the
Planning Act and shall only be permitted as an accessory use to a single
detached dwelling.
2. All applicable provisions of Section 4 - General Provisions shall apply.
3. The minimum interior side yard shall not apply to the common wall of a semi-
detached dwelling.
4. The minimum lot area and lot frontage zone regulations shall not apply to a park,
playground or community garden.
5. In the R1-S zone, only one (1) neighbourhood serving use shall be permitted on
a lot.
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Section 7 MEDIUM RESIDENTIAL (R2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Residential
Medium Residential (R2) Zone except in accordance with the following zone regulations:
7.1 Permitted Uses
7.1 - R2 Permitted Uses
Principle Use
Accessory Use
Converted Dwelling
Row or Townhouse
Dwelling
Second Residential Unit
Triplex Dwelling
Two Unit Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Garden Suite (see 4.1.9)
Home Based Business (see 4.11)
Private Home Daycare
Swimming Pools (see 4.1.11)
Temporary Car Shelter (see 4.1.12)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.11)
Park, Playground,
Community Garden (see
4.29)
Accessory use, building or structure (see 4.1.1)
Public Service Use (see
4.31)
Accessory use, building or structure (see 4.1.1)
7.2
Zone Regulations
7.2 - R2 Zone
Regulations
Converted
Dwelling
Two Unit,
Dwelling, Triplex
Dwelling
Rowhouse or
Townhouse
Dwelling
Minimum Lot Area
900 m2 [9,688 ft.2] on
Municipal Water and/or
Sewage Services or
0.4 ha [0,98 ac.] on
Individual On-site
Water and Sewage
Services
500 m2 [5,382 ft.2] per dwelling unit or 0.4 ha
[0.98 ac.] per dwelling unit on Individual On-site
Water and Sewage Services
Minimum Lot
Frontage
Municipal Water and Sewage Services: 15 m [49.2 ft.]
Municipal Water or Sewage Services 23 m [75.4 ft.]
Individual On-site Water and Sewage Services: 45 m [147.63 ft.]
Minimum Yard Requirements - Main Building
Front Yard
6 m [19.6]
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 122
7.2 - R2 Zone
Regulations
Converted
Dwelling
Two Unit,
Dwelling, Triplex
Dwelling
Rowhouse or
Townhouse
Dwelling
Exterior Side Yard
3 m [9.84 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
Rear Yard
6 m [19.2]
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or
Rear Yard
1.2 m [3.9 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section 4.1)
Main Building
Municipal Water and or Sewage Services - 30%
Individual On-site Water and Sewage Services - 10%
Accessory Building
(included in Lot
Coverage for Main
Building)
Municipal Water and/or Sewage Services - 5%
Individual On-site Water and Sewage Services - 3%
Minimum Separation Distance Between Buildings Requirements
Main Building and
any Accessory
Building
1.2 metres
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwellings per Lot
1
1 subject to Section
4.1.2.4
1
Floor Area per Dwelling Unit
Driveways
Maximum Number of
Driveway Entrances
per Lot
2
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 123
7.2 - R2 Zone
Regulations
Converted
Dwelling
Two Unit,
Dwelling, Triplex
Dwelling
Rowhouse or
Townhouse
Dwelling
Minimum Width of
Driveway
3 m [9.8 ft.]
Location of Driveway
No closer than 8 m [26.2 ft.] to the nearest intersection of street lines
Location of Parking
Space
No closer than 1.5 m [4.92 ft.] to any street line
7.3
Additional Regulations
1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the
Planning Act and shall only be permitted as an accessory use to a permitted
dwelling.
2. All applicable zone regulations of Section 4 - General Provisions shall apply.
3. The minimum interior side yard shall not apply to the common wall of a Row or
townhouse dwelling.
4. The minimum lot area and lot frontage zone regulations shall not apply to a park,
playground or community garden.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 124
Section 8 APARTMENT RESIDENTIAL (R3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Apartment
Residential (R3) Zone except in accordance with the following zone regulations:
8.1
Permitted Uses
8.1 - R3 Permitted Uses
Principle Use
Accessory Use
Apartment Dwelling
Multiple Unit Dwelling
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.11)
Home Based Business (see 4.11)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.11)
Continuum-of-Care Facility
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.11)
Park, Playground,
Community Garden (see
4.29)
Accessory use, building or structure (see 4.1.1)
Public Service Use (see
4.31)
Accessory use, building or structure (see 4.1.1)
8.2
Zone Regulations
8.2 - R3 Zone Regulations
Apartment or Multiple Dwelling
Minimum Lot Area
- 500 m2 [5,382.1 ft.2] for first 4 units + 90 m2
[968.8 ft.2] for each additional unit
- Continuum-of-Care Facility: 925 m2 [9,956.9
ft.2] + 80 m2 [861.1 ft.2] for each bedroom over
12 units
Minimum Lot
Frontage
30 m [98.4 ft.]
Minimum Yard Requirements - Main Building
Front Yard or
Exterior Side Yard
6 [19.6 ft.]
Interior Side Yard
1.2 m [3.9 ft.]
Rear Yard
6 m [19.6 ft.]
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 125
8.2 - R3 Zone Regulations
Apartment or Multiple Dwelling
Minimum Yard Requirements - Accessory Building (see also
Section 4.1)
Interior Side Yard
or Rear Yard
1.2 m [3.9 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see
also Section 4.1)
Main Building
25%
Accessory Building
(Included in Lot
Coverage for Main
Building)
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and
any Accessory
Building
1.2 m [3.9 ft.]
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwellings per Lot
--
Floor Area per Dwelling Unit
Driveways
Maximum Number
of Driveway
Entrances per Lot
2
Minimum
Separation
Distance between
Driveways
13.5 m [44.2 ft.]
Minimum Width of
Driveway
3 m [9.84 ft.]
Location of
Driveway
No closer than 8 m [26.2 ft.] to the nearest
intersection of street lines
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 126
8.2 - R3 Zone Regulations
Apartment or Multiple Dwelling
Location of Parking
Space
No closer than 1.5 m [4.9 ft.] to any street line
8.3
Additional Regulations
1. All applicable zone regulations of Section 4 - General Provisions shall apply.
2. All development shall be serviced with municipal sewage services and municipal
water services.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 127
Section 9 INSTITUTIONAL (I) ZONE
No person shall use any land or erect, alter or use any building or structure in the Institutional (I)
Zone except in accordance with the following zone regulations:
9.1 Permitted Uses
9.1 - I Permitted Uses
Institutional Uses
Ambulance Facility
Arena
Auction Hall
Bingo Hall
Cemetery
Clinic
Community Centre
Community Garden
Court House and Detention Centre
Crisis Care Facility
Curling Rink
Day Nursery
Fire Hall
Fitness Centre
Library
Municipal Administration Complex
Museum
Nursing Station
OPP Detachment Office
Park
Place of Assembly
Place of Worship
Playground
Private Club
Public Art Gallery
Public Service Use (see 4.31)
Public Works Garage
Recreation Facility
School
Skateboard Park
Splashpad
Swimming pool
Training and rehabilitation Centre
Vehicle Compound
Accessory Uses
Permitted Institutional Use
Accessory use, building or structure (see
4.1)
Fences (see 4.1.7)
Heliport
Parking Area
9.2 Zone Regulations
All Uses
Minimum Lot Area
900 m2 [9,688 ft.2] on Municipal Water
and/or Sewage Services or 0.4 ha [0.98
ac.] on Individual On-site Water and
Sewage Services
Minimum Lot Frontage
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 128
All Uses
Front Yard or Exterior
Side Yard
8 m [26.2 ft.]
Interior Side Yard
8 m [26.2 ft.]
Rear Yard
12 m [39.3 ft.]
Minimum Yard Requirements - Accessory Building (see also
Section 4.1)
Interior Side Yard or
Rear Yard
2 m [6.5 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
11 m [36 ft.]
Maximum Lot Coverage Requirements - (Accessory Building -
see also Section 4.1)
Main Building
70%
Accessory Building
5%
Minimum Separation Distance Between Buildings
Requirements
Main Building and any
Accessory Building
2 m [6.5 ft.]
Driveways
Maximum Number of
Driveway Entrances
per Lot
n/a
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
Minimum Width of
Driveway
6 m [19.6 ft.] for one-way; 9 m [29.5 ft.]
for two way
Location of Driveway
No closer than 8 m [26.2 ft.] to the
nearest intersection of street lines
Location of Parking
Space
No closer than 1.5 m [4.9 ft.] to any
street line
9.3
Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 129
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 130
Section 10 GENERAL COMMERCIAL (C1) ZONE
No person shall use any land or erect, alter or use any building or structure in the General
Commercial (C1) Zone except in accordance with the following zone regulations:
10.1 Permitted Uses
10.1 - C1 Permitted Uses
Commercial Uses
Animal Day Care Establishment
Animal Shelter
Apartment Dwelling
Arcade
Auction Hall
Automotive Service Station
Bake Shop
Bakery
Bank and Financial Institution
Bed and Breakfast Establishment
Bingo Hall
Brewery or Winery
Bus Depot
Catering Establishment
Clinic
Commercial Parking Lot
Convenience Store
Custom Workshop
Day Nursery
Drive-Through Facility
Dry Cleaning or Laundry Outlet
Entertainment Establishment
Existing Residential Use
Farmer's Market
Fitness Centre
Funeral Home
Hotel
Laundromat
Microbrewery
Mixed Use Building
Museum
Office
Park, Community Garden
Personal Service Establishment
Pet Grooming Establishment
Pet Shop
Place of Assembly
Place of Amusement
Printing and Processing Service Shop
Private Club
Private School
Public Service Use (see 4.31)
Recreational Commercial Establishment
Recreational Vehicle Sales and Service
Establishment
Restaurant
Retail Outlet
Retail Store
Service Outlet or Shop
Shopping Centre
Studio
Tavern
Taxi Stand
Tourist Establishment
Tourist Outfitters Establishment
Wellness Centre
Accessory Uses
Permitted Commercial Use
Accessory use, building or structure (see
4.1)
Drive-through Facility (see 4.22.3)
Fence (see 4.1.7)
Parking Area
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 131
Accessory Uses
Permitted Residential Use
Accessory Dwelling
Accessory Apartment Dwelling
10.2 Zone Regulations
10.2 - C1 Zone
Regulations
Commercial Uses
Apartment Dwelling
Minimum Lot Area
900 m2 [9,688 ft.2] on
Municipal Water and/or
Sewage Services or 0.4 ha
[0.98 ac.] on Individual On-
site Water and Sewage
Services
The standards of the R3
Zone shall apply
Minimum Lot
Frontage
Municipal Water and
Sewage Services: 15 m
[49.2 ft.]
Municipal Water or Sewage
Services 23 m [75.4 ft.]
Individual On-site Water
and Sewage Services: 45 m
[147.63 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior
Side Yard
3 m [9.84 ft.]
The standards of the R3
Zone shall apply
Interior Side Yard
1.2 m [3.9 ft.]
Rear Yard
4 m [13.1 ft.] or 10 m [32.8
ft.] if abutting a residential
use or zone
Habitable Room
Setback
The window of a habitable room shall be setback a
minimum of 1.2 m [3.9 ft.] from an interior side or rear lot
line
Minimum Yard Requirements - Accessory Building (see also Section 4.1)
Interior Side Yard or Rear
Yard
1.2 m [3.9 ft.]
The standards of the R3
Zone shall apply
Maximum Height Requirements
Main Building
11 m [36 ft.]
The standards of the R3
Zone shall apply
Accessory Building
5 m [16.4 ft.]
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 132
10.2 - C1 Zone
Regulations
Commercial Uses
Apartment Dwelling
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
Main Building
80%
The standards of the R3
Zone shall apply
Accessory Building
(Included in Lot Coverage
for Main Building)
15%
Minimum Separation Distance Between Buildings Requirements
Main Building and any
Accessory Building
1.2 m [3.9 ft.]
The standards of the R3
Zone shall apply
Maximum Number of Dwelling Unit Requirements
Maximum Number
Dwelling Units per Lot
1 accessory dwelling
unit
The standards of the R3
Zone shall apply
Driveways
Maximum Number of Driveway
Entrances per Lot
n/a
Minimum Separation Distance
between Driveways
13.5 m [44.2 ft.]
Minimum Width of Driveway
6 m [19.6 ft.] for one-way; 9 m [29.5 ft.]
for two way
Location of Driveway
No closer than 8 m [26.2 ft.] to the
nearest intersection of street lines
Location of Parking Space
No closer than 1.5 m [4.9 ft.] to any
street line
10.3 Additional Regulations
1.
All applicable zone regulations of Section 4 - General Provisions shall apply.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 133
Section 11 TOURIST COMMERCIAL (C2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Tourist
Commercial (C2) Zone except in accordance with the following zone regulations:
11.1 Permitted Uses
11.1 - C2 Permitted Uses
Gift shop
Marina and Marina-related Commercial
Use
Park
Restaurant
Tourist Establishment
Tourist Outfitters Establishment
Accessory use, building or structure (see
4.1)
Existing Residential Use
Accessory use, building or structure (see
4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Home Based Business (see 4.11)
Private Home Daycare
Swimming Pools (see 4.1.11)
Temporary Car Shelter (see 4.1.12)
Campground
Accessory Dwelling
Accessory use, building or structure (see
4.1)
Convenience Store
Restaurant
Public Service Use (see 4.31)
Accessory use, building or structure (see
4.1)
Fences (see 4.1.7)
11.2 Zone Regulations
11.2 - C2 Zone
Regulations
Tourist Establishment
Residential Use
Minimum Lot Area
0.4 ha [0.98 ac.] + 300
m2 [3,229.2 ft.2] for
each additional guest
room or rental cottage
over 5 units
0.2 ha 0.49 ac.] in
addition to lot area for
tourist establishment
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 134
11.2 - C2 Zone
Regulations
Tourist Establishment
Residential Use
Minimum Lot Frontage
Municipal Water and Sewage Services: 15 m
[49.2 ft.]
Municipal Water or Sewage Services 23 m [75.4
ft.]
Individual On-site Water and Sewage Services:
45 m [147.63 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior
Side Yard
6 m [19.6 ft.]
8 m [26.2 ft.]
Interior Side Yard
1.2 m [3.9 ft.] one side
+ 3 m [9.84 ft.] other
side
3 m [9.84 ft.]
Rear Yard
6 m [19.6 ft.]or 10 m [32.8 ft.] if abutting a
residential use or zone
Minimum Yard Requirements - Accessory
Building (see also Section 4.1)
Interior Side Yard
1.2 m [3.9 ft.] one side
+ 3 m [9.84 ft.] other
side
3 m [9.84 ft.]
Rear Yard
6 m [19.6 ft.]
Maximum Height Requirements
Main Building
11 m [36.ft.]
11 m [36.ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage Requirements -
(Accessory Building - see also Section 4.1)
Main Building
30%
Accessory Building
(Included in Lot
Coverage for Main
Building)
5%
Minimum Separation Distance Between
Buildings Requirements
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 135
11.2 - C2 Zone
Regulations
Tourist Establishment
Residential Use
Main Building and any
Accessory Building or
between multiple
tourist establishment
buildings
3 m [9.84 ft.]
Driveways
Maximum Number of
Driveway Entrances
per Lot
2
Minimum Separation
Distance between
Driveways
13.5 m [44.2 ft.]
Minimum Width of
Driveway
3.5 m [11.4 ft.]
Driveway Location
No closer than 8 m [26.2 ft.] to the nearest
intersection of street lines
Location of Parking
Space
No closer than 2 m [6.56 ft. to any street line or 5
m [16.4 ft.] where the lot abuts a residential use
11.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 136
Section 12 SERVICE COMMERCIAL/LIGHT INDUSTRIAL (MC) ZONE
No person shall use any land or erect, alter or use any building or structure in the Service
Commercial/Light Industrial (MC) Zone except in accordance with the following zone
regulations:
12.1 Permitted Uses
12.1 - MC Permitted Uses
Commercial Uses
Animal Day Care Establishment
Animal Shelter
Automotive Sales Establishment
Automotive Service Station
Brewery or Winery
Building Supply Store
Bulk Storage Yard
Class I Industry
Commercial Parking Lot
Custom Workshop
Dry Cleaning or Laundry Outlet
Fitness Centre
Funeral Home
Gas Bar
Grocery Store
Laundromat
Microbrewery
Motel
Office
OPP Detachment Office
Printing and Processing Service Shop
Public Service Use (see 4.31)
Recreational Commercial Establishment
Restaurant
Self-Storage Facility
Service Outlet or Shop
Transportation or truck Terminal
Vehicle Compound
Warehouse
Wholesale Establishment
Accessory Uses
Permitted Commercial or Light industrial
Use
Accessory use, building or structure (see
4.1)
Fence (see 4.1.7)
Open Storage Area (see 4.21)
Outdoor Display Area (see 4.21)
Parking Area
Permitted Residential Use
Accessory Dwelling
Accessory Apartment Dwelling
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 137
12.2 Zone Regulations
12.2 - MC Zone
Regulations
All Uses
Minimum Lot Area
1,250 m2 [13,455 ft.2]
Minimum Lot Frontage
23 m [75.4 ft.]
Minimum Yard Requirements - Main Building (see also Sections 4.18.3
and 4.32)
Front Yard or Exterior Side
Yard
6 m [19.6 ft.]
Interior Side Yard
3 m [9.84 ft.] or 10 m [32.8 ft.] if abutting a
residential use
Rear Yard
4 m [13.1 ft.] or 10 m [32.8 ft.] if abutting a
residential use
Minimum Yard Requirements - Accessory Building (see also Section 4.1
and 4.18.3)
Interior Side Yard or Rear
Yard
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
11 m [36 ft.]
Maximum Number of Dwelling Unit Requirements
Accessory Dwelling Units
1
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section
All Buildings and Structures
60%
12.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.18.3
for minimum separation distances for industrial uses and Section 4.32 for Wellhead
Protection Area.)
2. The building setback shall be exempted for that portion of any lot that abuts a
railroad right-of-way.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 138
Section 13 GENERAL INDUSTRIAL (M1) ZONE
No person shall use any land or erect, alter or use any building or structure in the General
Industrial (M1) Zone except in accordance with the following zone regulations:
13.1 Permitted Uses
13.1 - M1 Permitted Uses
Principle Use
Accessory Use
Industrial Uses:
Auto Body Shop
Automotive Sales Establishment
Auto Repair Garage
Automotive Service Station
Bakery
Bulk Fuel Depot
Building Supply Store
Class I Industrial Use
Class Industrial Use
Construction Yard or Contractors Yard
Custom workshop
Dry Cleaning or Laundry Plant
Equipment and Vehicle Storage Yard, Industrial
Parking Area
Printing and Processing Service Shop
Recycling Station or Transfer Depot
Research Laboratory
Service Outlet
Transportation Depot or Truck Terminal
Warehouse
Welding Shop
Wind Farm, Commercial Wind Turbine
Workshop
Accessory use, building or structure
(see 4.1)
Fence (see 4.1.7)
Open Storage Area (see 4.21)
Outdoor Display Area (see 4.21)
Retail Outlet
Parking Area
Commercial and Other Uses:
Equipment Rental Establishment
Office
Public Service Use (see 4.31)
13.2 Zone Regulations
13.2 - M1 Zone Regulations
All Uses
Minimum Lot Area
1,250 m2 [13,455 ft.2]
Minimum Lot Frontage
23 m [75.4 ft.]
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 139
13.2 - M1 Zone Regulations
All Uses
Minimum Yard Requirements - Main Building (see also Sections 4.18.3 and
4.32)
Front Yard or Exterior Side Yard
6 m [19.6 ft.]
Interior Side Yard
3 m [9.84 ft.] or 10 m [32.8 ft.] if abutting a
residential use
Rear Yard
4 m [13.1 ft.] or 10 m [32.8 ft.] if abutting a
residential use
Minimum Yard Requirements - Accessory Building (see also Sections Error!
Reference source not found., 4.18.3 and 4.32)
Interior Side Yard or Rear Yard
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
11 m [36 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section
4.1)
All Buildings and Structures
60%
13.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses and Section 4.32
Wellhead Protection Area.)
2. The building setback shall be exempted for that portion of any lot that abuts a
railroad right-of-way.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 140
Section 14 RURAL INDUSTRIAL (M2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Heavy
Industrial (M2) Zone except in accordance with the following zone regulations:
14.1 Permitted Uses
14.1 - M2 Permitted Uses
Principle Use
Accessory Use
Industrial Uses:
Class I, II and III Industrial Use
Batch Plant
Bulk Fuel Depot
Bulk Storage Yard
Commercial Solar Collector
Construction Yard or Contractor's Yard
Electrical Generation or Cogeneration Facility
Equipment and Vehicle Storage Yard, Industrial
Logging Operation
Lumber Yard
Retail and Supply Services for Mining and Forest
Products
Salvage Yard
Sawmill and Planing Mill
Service Shop
Transportation Depot or Truck Terminal
Warehouse
Welding Shop
Wind Farm, Commercial Wind Turbine
Accessory use, building or structure
(see 4.1)
Fence (see 4.1.7)
Open Storage Area (see 4.21)
Outdoor Display Area (see 4.21)
Parking Area
Other Uses:
Public Service Use (see Section 4.31)
Accessory use, building or
structure (see 4.1)
14.2 Zone Regulations
14.2 - M2 Zone Regulations
All Uses
Minimum Lot Area
2 ha [4.94 ac.]
Minimum Lot Frontage
100 m [328 ft.]
Minimum Yard Requirements - Main Building (see also Sections 4.18.3 and 4.32)
All Yards
15 m 49.2 ft.]
Minimum Yard Requirements - Accessory Building (see also Sections 4.1)
Front and Exterior Side Yard
15 metres
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 141
14.2 - M2 Zone Regulations
All Uses
Interior Side Yard or Rear Yard
5 m [16.4 ft.]
Maximum Height Requirements
Main Building
15 m [49.2 ft.]
Accessory Building
11 m [36 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also Section
4.1)
All Buildings and Structures
30%
14.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses and Section 4.32
Wellhead Protection Area.)
2. The building setback shall be exempted for that portion of any lot that abuts a
railroad right-of-way.
3. All salvage yards shall be developed, operated or closed in compliance with the
Environmental Protection Act. Where a salvage yard abuts a residential zone or
a residential use or a sensitive land use on an adjacent lot, the wrecking yard
shall be adequately screened on all sides either naturally or by artificial means
(e.g. berm, fence, vegetation or a combination thereof) such that no portion of the
operation including any storage area can be seen from a public road or from any
other property.
Town of Spanish Zoning By-law
Town of Spanish Zoning By-law
P-2435
Page 142
Section 15 RAILROAD INDUSTRIAL (M3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Railroad
Industrial (M3) Zone except in accordance with the following zone regulations:
16.1 Permitted Uses
15.1 - M3 Permitted Uses
Principle Use
Accessory Use
Railroad Use
Accessory use, building or structure
(see 4.1)
Other Uses:
Public Service Use (see 4.31)
16.2 Zone Regulations
2. The minimum building separation shall be 3 m.
16.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses and Section 4.32
Wellhead Protection Area.)
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Section 16 MINERAL AGGREGATE RESOURCE EXTRACTION (MX) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate Resource Extraction (MX) Zone except in accordance with the following zone
regulations:
16.1 Permitted Uses
16.1 - MX Permitted Uses
Principle Use
Accessory Use
Mineral Aggregate Operation
Pit
Portable Asphalt Plant
Public Utility
Quarry
Wayside Pit
Wayside Quarry
Accessory use, building or structure
(see 4.1)
Office
16.2 Zone Regulations
16.2 - MX Zone
Regulations
All Permitted Principle Uses
Minimum Lot Area
n/a
Minimum Lot Frontage
n/a
Minimum Yard Requirements - Main Building
All yards
15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Building
All Yards
15 m [49.2 ft.]
Minimum Excavation Setbacks
Site Boundary
15 m [49.2 ft.]from the boundary (lot line) of the
site
Highway
30 m [98.4 ft.] from any part of the boundary that
abuts a highway or public street
Residential Use
30 m [98.4 ft.] from the boundary of any land in
use for residential purposes
Water Body
30 m [98.4 ft.] from any body of water that is not
the result of excavation below the water table
Maximum Height Requirements
Main Building
15.25 m [50 ft.]
Accessory Building
11 m [36 ft.]
Town of Spanish Zoning By-law
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16.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.2 for minimum separation distances for pits and quarries.)
2.
Any mineral aggregate operation, pit or quarry shall comply with any By-law
passed under the Municipal Act governing a mineral aggregate operation, pit
or quarry.
3.
No person shall pile aggregate, top soil, overburden or locate any processing
plant or place or build or extend any building or structure:
a. Within 30 m [98.4 ft.] from the lot line of the site.
b. Within 90 m [295.2 ft.] from any lot line that abuts an existing residential
dwelling or land zoned for residential use.
4.
Earth berms intended to screen adjoining lands from the operations on site shall
be located no closer than 3 m [9.84 ft.] from any lot line.
5.
No mineral aggregate operation shall operate without a valid license issued
under the Aggregate Resources Act, as amended.
6.
No portable asphalt plant, wayside pit or wayside quarry shall operate
without a valid Environmental Compliance Approval.
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Section 17 MINING (MM) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mining (MIN)
Zone except in accordance with the following zone regulations:
17.1 Permitted Uses
17.1 - MM Permitted Uses
Principle Use
Accessory Use
Mining Exploration and prospecting
Mineral Aggregate Operation
Mineral Mining Operation
Supporting infrastructure; for example, water
supply and waste disposal facilities, hydroelectric
power facilities, natural gas facilities, roads
On-site Smelting and processing
Pit or Quarry
Storage buildings
Forestry Use
Accessory use, building or structure
(see 4.1)
Accessory uses essential to
mineral extraction operations (e.g.
administration offices, weigh
scales, assay office, power plant,
lunch room, security facilities) and
including only an accessory
dwelling unit required for security or
administration of mining operations.
17.2 Zone Regulations
17.2 - MM Zone
Regulations
All Permitted Principle Uses
Minimum Lot Area
n/a
Minimum Lot Frontage
n/a
Minimum Yard Requirements - Main Building
All yards
50 m [164 ft.]
Pit or Quarry - in accordance with Section
16.2
Minimum Yard Requirements - Accessory Building
All Yards
50 m [164 ft.]
Pit or Quarry in accordance with Section 4.18.2
Minimum Distance Separation: In accordance with Section 4.18.3 for Class
III Industries
17.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
Section 4.18.3 for minimum separation distances for industrial uses.)
2.
All mines and mining operations shall be developed, operated or closed in
compliance with the Mining Act and the Environmental Protection Act.
Town of Spanish Zoning By-law
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Page 146
3.
Pits and quarries shall be operated in accordance with Section 16.
Town of Spanish Zoning By-law
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Section 18 WASTE MANAGEMENT (WMF) ZONE
No person shall use any land or erect, alter or use any building or structure in the Waste
Management (WMF) Zone except in accordance with the following zone regulations:
18.1 Permitted Uses
18.1 - WMF Permitted Uses
Principle Use
Accessory Use
Sewage Works including a waste water
stabilization pond
Waste Management Facility
Recycling Depot or Transfer Station
Accessory use, building or
structure (see 4.1)
18.2 Zone Regulations
18.2 - WMF Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
10 ha [24.7 ac.]
n/a
Minimum Lot Frontage
120 m [393.7 ft.]
n/a
Minimum Front Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Rear Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Interior Side Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Exterior Side Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Maximum Height
15 m [49.2 ft.]
14 m [45.9 ft.]
18.3 Additional Regulations
1.
No Waste Management Facility shall be operated without and except in conformity
with a currently valid Environmental Compliance Approval issued by the Ministry of
the Environment and Climate Change.
2.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.1 for minimum separation distances for waste management facilities.)
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Section 19 RURAL (RU) ZONE
No person shall use any land or erect, alter or use any building or structure in the Rural (RU)
Zone except in accordance with the following zone regulations:
19.1 Permitted Uses
19.1 - RU Permitted Uses
Principle Use
Accessory Use
Residential Uses:
-
Duplex Dwelling
-
Second Residential Unit
-
Semi-detached Dwelling
-
Single Detached Dwelling
-
Seasonal Dwelling
-
Mobile Home
-Accessory use, building or structure
(see 4.1.1)
-Accessory Residential Use (see
4.1.2.4)
-Bed & Breakfast Establishment (see
4.1.3)
-Fences (see 4.1.6)
-Garden Suite (see 4.1.9)
-Home Based Business (see 4.11)
-Home Industry (see 4.12)
-Swimming Pools (see 4.1.11)
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19.1 - RU Permitted Uses
Rural Uses:
-Agriculture Use
-Agriculture Related Use
-Auction Hall
-Camp
-Cemetery
-Commercial Greenhouse, Nursery or Garden Centre
-Commercial Solar Collector
-Commercial Wind Turbine
-Communications Facility (see 4.9.1 & 4.23.2)
-Conservation Use
-Construction Yard or Contractor's Yard
-Equestrian Establishment
-Forestry Use
-Golf Course
-Hobby Farm
-Kennel [See Section 4.14]
-Livestock Facility
-Livestock Sales Outlet
-Logging Operation
-Marine Facility
-Outdoor Recreation
-Park
-Pet Cemetery
-Portable Asphalt Plant
-Portable Concrete Plant
-Public Service Use (see Section 4.31)
-Shooting Range or Rifle Club
-Wayside Pit or Quarry
-Accessory use, building or structure
(see 4.1.1)
-Fences (see 4.1.8)
-Accessory Dwelling to an
Agricultural Use or Hobby Farm
-Farm Produce Outlet accessory to
an Agricultural Use
-Home Industry (see 4.12)
19.2 Zone Regulations
19.2 - RU Zone Regulations
Residential Uses
Non-Residential Uses
Minimum Lot Area
1 hectare/dwelling [2.47 ac.]
1 ha [2.47 ac.]
Minimum Lot Frontage
45 m [147.6 ft.]
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard
10 m [39.3 ft.]
10 m [32.8 ft.]
Exterior Side Yard
8 m [26.2 ft.]
8 m [26.2 ft.]
Interior Side Yard
5 m [26.2 ft.]
5 m [16.4 ft.]
Rear Yard
10 m [39.3 ft.]
10 m [32.8 ft.]
Minimum Yard Requirements - Accessory Building (see also
Sections 4.1)
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19.2 - RU Zone Regulations
Residential Uses
Non-Residential Uses
Interior Side Yard or Rear Yard
2 m [6.5 ft.]
3 m [9.84 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
11 m [36 ft.]
Accessory Building
6 m [19.6 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see
also Section 4.1)
Main Building
15%
20%
Accessory Building (Included in Lot
Coverage for Main Building)
3%
5%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory
Building
5 m [16.4 ft.]
2 m [6.56 ft.]
19.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. Any commercial wind farm and commercial solar collector shall meet the
regulations of the Green Energy and Green Economy, Act, 2009.
3. The minimum separation distance between a the main wall of a kennel and/or a dog
run associated with a kennel and the main wall of an existing dwelling on an
adjacent lot shall be 150 m [492 ft.].
4. Development may be serviced with individual on-site water services and
individual on-site sewage services (see Section 4.32).
5. A recreational vehicle shall be permitted provided the zone regulations in Sections
4.32 and 19.2 are met.
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Section 20 PARKS AND OPEN SPACE (OS) ZONE
No person shall use any land or erect, alter or use any building or structure in the Parks and
Open Space (OS) Zone except in accordance with the following zone regulations:
20.1 Permitted Uses
20.1 - OS Permitted Uses
Principle Use
Accessory Use
Open Space Uses:
Archeological Resource
Boat Launch
Built Heritage Resource
Cemetery
Conservation Use
Community Garden (see Section 4.29)
Cultural Heritage Landscape
Fairground
Golf Course
Park
Playground
Public Service Use (see Section 4.31)
Recreational Facilities
Skateboard Park
Sports Field
Accessory use, building or
structure including an information
kiosk, interpretation center, food
concession or refreshment pavilion
(see 4.1)
20.2 Zone Regulations
20.2 - OS Zone regulations
All Uses
Minimum Lot Area
--
Minimum Lot Frontage
--
Minimum Yard Requirements - Main Building
Front Yard
6 m [19.6 ft.]
Exterior Side Yard
3 m [9.84 ft.]
Interior Side Yard
3 m [9.84 ft.]
Rear Yard
Minimum Yard Requirements - Accessory Building (see also Section
4.1)
Interior Side Yard or Rear Yard
2 m [6.5 ft.]
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
5 m [16.4 ft.]
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20.2 - OS Zone regulations
All Uses
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
All Buildings and Structures
30%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory Building
3 m [9.84 ft.]
20.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall
apply.
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Section 21 RESTRICTED OPEN SPACE AND WATERFRONT (ROS) ZONE
No person shall use any land or erect, alter or use any building or structure in the Restricted
Open Space and Waterfront (ROS) Zone except in accordance with the following zone
regulations:
21.1 Permitted Uses
21.1 - ROS Permitted Uses
Principle Use
Accessory Use
Conservation Use
Park
Public Service Use (see Section 4.31)
Seasonal Dwelling
Accessory use, building or
structure including an
information kiosk, interpretation
center, food concession or
refreshment pavilion (see 4.1)
Fences (see 4.1.6)
Accessory Residential use or
Guest Cabin or loft apartment
subject to Section 4.1.2
Home Industry (see 4.12)
Swimming Pools (see 4.1.11)
Temporary Car Shelter (see
4.1.12)
21.2 Zone Regulations
21.2 - ROS Zone Regulations
All Uses
Minimum Lot Area
1 ha [2.47 ac.]
Minimum Lot Frontage
100 [328 ft.]
Minimum Yard Requirements - Main Building
Front Yard or Exterior Side Yard
15 m [49.2 ft.]
Interior Side Yard
15 m [49.2 ft.] or 20 m
[65.5 ft.] where the yard
abuts water.
Rear Yard
Minimum Yard Requirements - Accessory Building (see also Sections
4.1 and 4.18.5)
Interior Side Yard or Rear Yard
1.5 m [4.92 ft.] or 20 m
[65.5 ft.] where the yard
abuts water.
Maximum Height Requirements
Main Building
7.5 m [24.6 ft.]
Accessory Building
5 m [16.4 ft.]
Town of Spanish Zoning By-law
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21.2 - ROS Zone Regulations
All Uses
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
All Buildings and Structures
15%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory Building
3 m [9.84 ft.]
21.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. All development shall be serviced with non-municipal sewage services and
municipal water services.
3. A recreational vehicle shall be permitted provided the zone regulations in
Sections 4.32 and 21.2 are met.
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Section 22 LAKESHORE DEVELOPMENT (LD) ZONE
No person shall use any land or erect, alter or use any building or structure in the Lakeshore
Development (LD) Zone except in accordance with the following zone regulations:
22.1 Permitted Uses
22.1 - LD Permitted Uses
Principle Use
Accessory Use
Single Detached Dwelling
Seasonal Dwelling
Accessory use, building or
structure
Accessory Residential Use (see
4.1.2.4)
Guest Cabin or loft apartment
per Section 4.1.2
Home Industry (see 4.12)
Swimming Pools (see 4.1.11)
Temporary Car Shelter (see
4.1.12)
22.2 Zone Regulations
22.2 - LD Zone Regulations
All Uses
Minimum Lot Area
1 ha [2.47 ac.]
Minimum Lot Frontage
45 m [147.6 ft.]
Minimum Yard Requirements - Main Building
Front Yard
12 m [39.3 ft.]
Exterior Side Yard
8 m [26.2 ft.]
Interior Side Yard
12 m [39.3 ft.] or 20 m
[65.5 ft.] where the yard
abuts water
Rear Yard
Minimum Yard Requirements - Accessory Building (see also Sections
4.1 and 4.18.5)
Interior Side Yard or Rear Yard
2 m [6.56 ft.] or 20 m [65.6
ft.] where the yard abuts
water
Maximum Height Requirements
Main Building
11 m [36 ft.]
Accessory Building
5 m [16.4 ft.]
Maximum Lot Coverage Requirements - (Accessory Building - see also
Section 4.1)
Town of Spanish Zoning By-law
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Page 156
22.2 - LD Zone Regulations
All Uses
All Buildings and Structures
15%
Minimum Separation Distance Between Buildings Requirements
Main Building and any Accessory Building
3 m [9.84 ft.]
22.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply. (See
Sections 4.18.5)
2. A recreational vehicle shall be permitted provided the zone regulations in Sections
4.32 and 22.2 are met.
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Section 23 ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall use any land or erect, alter or use any building or structure in the Environmental
Protection (EP) Zone except in accordance with the following zone regulations:
23.1 Permitted Uses
23.1 - EP Permitted Uses
Principle Use
Accessory Use
Environmental Protection Uses:
Conservation Use
Community Garden (see Section 4.29)
Flood Control Infrastructure
Accessory use excluding any
buildings or structures except
infrastructure incidental to a
water supply or waste water
treatment facility such as a
water intake or sewer outfall but
not including the main building
of a water filtration plant or
waste water treatment facility
Buildings or structures intended
for flood or erosion control or
slope stabilization
23.2 Zone Regulations
1.
Existing setbacks for existing uses shall apply.
23.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. Where the frontage of a residential lot is zoned Environmental Protection (EP)
in its entirety a floating dock, having a maximum width of 0.8 m [6 ft.] shall be
permitted.
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24 ZONE EXCEPTIONS
24.1 General
The following are exceptions to this By-law that are carried over from By-law 89-20 of
the Former Township of Shedden, now the Town of Spanish. This section also includes
other exceptions which may be added from time to time. Each exception zone is unique
and sets out exceptions to the list of permitted uses or the zone requirements of the By-
law. Except where there is an exception stated, the other provisions of the by-law will
continue to apply.
24.2 Exceptions to the By-law
Exceptions to Zoning By-law
Zone
Former
By-law
No.
Uses Permitted
Uses
Prohibited
Provisions
R1-X1
94-41
Same as R1
A single detached dwelling is
permitted without frontage
on an unopened public road
Minimum Lot Frontage - 0
R1-X2
99-53
Landscaped
Open Space
Landscaped Open Space -
Defined as the growth of
trees, grass flowers, shrubs,
fruits, vegetables and other
vegetation
Landscape Open Space is
accessory to an adjacent
residential use
Only a garden shed is
permitted with a maximum
of 100 m2 in area.
R1-X3
87-22
Mobile Home
Location: Part 1, Plan 1R-
6054 West ½ of Section 38,
Public Road, Township of
Shedden
R1
Mobile Home
Maximum No. of Dwellings
per lot - 1
Shall be permitted on lots
fronting on Spanish Street
North Only
R3-X1
Apartment
Dwelling
Accessory Uses:
Interior Rental
Storage limited to
household effects
Exterior rental
storage area
excluding transports
Town of Spanish Zoning By-law
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Exceptions to Zoning By-law
Zone
Former
By-law
No.
Uses Permitted
Uses
Prohibited
Provisions
and transport trailers
LD-X1
94-33
Seasonal
Dwelling and
accessory uses
thereto
Single detached
dwelling and
accessory uses
thereto
Public Service Use
(see 4.31)
Minimum Lot Area - 0.33 ha
Minimum Lot Frontage, Water
Side - 45 m
Minimum Lot Frontage, Street
Side - 27 m
Minimum Front Yard, Street
Side - 8 m
Minimum Front Yard, Water
Side - 20 m
Minimum Interior Side Yard -
6 m
Minimum Interior Side Yard,
Accessory Use - 3 m
Minimum Front Yard, Street
Side. Accessory Use - 6 m
Maximum Height, Main
Building - 11 m
Maximum Height , Accessory
Building - 6 m
Maximum Lot Coverage -
30%
Maximum No. of Dwellings
per lot - 1
Minimum Regulated Flood
Elevation - 101.4 m local
datum from Kecil Lake. All
openings to buildings or
structures for human
habitation shall be at a
minimum elevation of 101 m
local datum except where
such building is used for flood
or erosion control or for a
boathouse, dock, pump house
LD-X2
97-08
A septic system will not be
placed on any lands with a
slope greater than 25% and
on the eastern half of the
property.
C1-X1
94-42
Same as C1
Minimum Lot Frontage - 0
M1-X1
Auto Repair Shop
Sec 35, Part Southeast ¼,
Town of Spanish Zoning By-law
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Exceptions to Zoning By-law
Zone
Former
By-law
No.
Uses Permitted
Uses
Prohibited
Provisions
only
irregular, Denmark Lane
RU-X1
95-09
One seasonal
dwelling and
accessory uses
thereto
RU-X2
98-17
Assisted Living
Residence
approved by
Building Permit
98-07
Outside Boat
Storage
Other R1 uses
RU-X3
Motocross Circuit
Shall comply with any all
municipal noise regulations
Minimum setback of any
circuit from any rear lot line or
interior side yard lot line shall
be 15 m
Minimum setback from any
front yard lot line shall be 30 m
1
APPENDIX 'A'
SPECIAL EXCEPTION ZONES
2
This Section is provided for reference only any is not a legal part of this by-law.
(1) SPECIAL PROVISIONS FOR BY-LAW 94-33 - EVERGREEN SHORES - RU (94-33)
(2) SPECIAL PROVISIONS FOR BY-LAW 94-41, 46 HIGHWAY 17 EAST - RU (94-41)
1. Notwithstanding Section 2.6 - "Frontage on a Road" of the Restricted Area Zoning
By-law #89-20; 46 Highway 17 East, Part 2 & 3, 1R-4349, Township of Shedden will
have:
(a) Relief from Section 2.6 of the Zoning By-law permitting a dwelling on an
unopened public road.
2. Notwithstanding Schedule "C", "Standards for Uses" of the Restricted Area Zoning
By-law #89-20, 46 Highway 17 East, Part 2 & 3, 1R-4349, Township of Shedden will
have:
(a)
Relief from Schedule "C" of the Zoning By-law requiring a minimum lot frontage
of 23 metres where nil is provided.
(3) SPECIAL PROVISIONS FOR BY-LAW 94-42 - 1 JOHN STREET - C (94-42)
1. Notwithstanding Schedule "C", "Standards for Uses" of the Restricted Area Zoning
By-law #89-20, 1 John Street, Lot 20121, Plan 17, Block B, Township of Shedden will
have:
(a)
Relief from Schedule "C" of the Zoning By-law requiring a minimum lot frontage
of 6 metres where nil is provided.
(4) SPECIAL PROVISIONS FOR BY-LAW 95-09 PARCEL 827 A.E.S. RU (95-09)
1. Notwithstanding Schedule "B"- "Permitted Uses in Zones of the Restricted Area
Zoning By-law #89-20' Section 25, NW114, RP AR398, Part 3, Parcel 827 A.E.S.,
Township of Shedden, District of Algoma, and as indicated on "Schedule 1 ",
attached, is restricted to the following use' "Recreation Dwelling", and "Accessory
Uses".
(5) SPECIAL PROVISIONS FOR BY-LAW 95-38 JDD-339, AIRD ISLAND - RU (95-38)
1. Notwithstanding Schedule "C", "Standards for Uses" of the Restricted Area Zoning
By-law #89-20, JDD-339, RP AR430, Part 1, being Part of Island JD-1599, known as
Aird Island, will have:
(a)
Relief from Schedule "C" of the Zoning By-law- Column 8 "RSO" zone, requiring
a minimum front yard of 15 metres where 6.10 metres is provided.
(6) SPECIAL PROVISIONS FOR BY-LAW 97-08, PARCEL 1075 A.E.S., SHEDDEN
BACKLINE ROAD - RU (97-08)
1. Notwithstanding Schedule "C", "Standards for Uses" of the Restricted Area Zoning
By-law #89-20;
(a)
Part 1 & Part 2 of Plan JR-9335, Con. 4, Lot 2, Pt. Parcel 1075 A.E.S., Shedden
Backline Road, Township of Shedden - Shedden will have an increased
Minimum Front Yard from 12 metres to a 30 metre setback from the highwater
mark of Denvic Lake (dwellings, buildings and saunas will be prohibited within
this 30 metre setback).
3
(b)
Part 2 of Plan 1R-9335, Con 4, Lot 2, Pt. Parcel1075 A.E.S., Shedden Backline
Road, Township of Shedden - A septic system will not be placed on any lands
with a slope greater than 25% and in particular the eastern half of the property.
(7) SPECIAL PROVISIONS FOR BY-LAW 98-17, 3 GARNIER ROAD - RU2 SPECIAL (98-
17)
1. Schedule "A" of By-law #89-20 is hereby amended by rezoning those lands outlined
in red shown on Schedule No. 1 attached, being Parcel 1007 A.E.S.I East Part
Section 39EPT, 3 Garnier Road, Township of Shedden from "Rural2" to "Rural 2
Special", which would permit an "Assisted Living Residence" and "Outside Boat
Storage" in addition to the uses permitted in the "Rural 2" zone.
2. The use "Assisted Living Residence" would be restricted to the newly constructed
addition approved by municipal building permit 98-07 and issued May 41 ", 1998 and
which use will not come into effect until the passing of this By-law.
3. This "special" zoning would permit the "Assisted Living Residence" to a maximum of
four bedrooms, accommodating a maximum of four persons with a maximum of768
square feet.
4. "Assisted Living Residence" is defined as a foster home for seniors, adults, or
children and where care, cooking and laundry is provided for by the owner.
5. Outside Boat Storage will be permitted as per Schedule No. 2, attached.
(8) SPECIAL PROVISIONS FOR BY-LAW 98-18, MEDICAL CENTRE BUILDING,
MUNICIPAL OFFICE AND LIBRARY, 8-16 TRUNK ROAD - CF (98-18)
1. Schedule "A" of By-law #89-20 is hereby amended by rezoning those lands outlined
in red shown on Schedule No. 1 attached, being Parcel934 and Parcel 5482 AES,
Section 35SPT, 8-16 Trunk Road, Township of Shedden from "Residential" to
"Community Facilities" zone which would include the Medical Centre Building,
Municipal Office and Library Building;
2. Notwithstanding any other provision of By-law No. 89-20 the permitted uses in the
"Community Facilities" zone shall include such uses as:
A government office
A library
A medical/dental/chiropractic clinic
A legal office
An alternative funeral service
Other similar uses
(9) SPECIAL PROVISIONS FOR BY-LAW 99-53, PARCEL 7250 A.E.S., NORTH SIDE OF
VINCENT STREET - R (99-53)
1. Schedule "A" of By-law #89-20 is hereby amended by rezoning those lands outlined
in red shown on Schedule No. 1 attached, being Part of the S.E ~.Section 35, Parcel
4
7250 AES, 1R-3833, Part 1 PT, Township of Shedden, Spanish, on the North Side of
the Unopened Road Allowance known as Vincent Street, from "Residential" to
"Residential Special", which would restrict the use to Landscaped Open Space.
2. Landscaped Open Space is defined as follows:
Growth of trees
Grass, flowers, shrubs, trees, fruits
Vegetables and other vegetation
3. The use shall be non-commercial and accessory to a residential use to avoid a more
intensive gardening that could disrupt the neighbourhood.
4. No Building or Structures other than a garden shed not more than 100 square metres
in area shall be permitted.