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TAY VALLEY TOWNSHIP
ZONING BY-LAW NO. 02-121
Adopted by Council on December 10, 2002
OFFICE CONSOLIDATION DECEMBER 31, 2008
OFFICE CONSOLIDATION JULY 31, 2012
OFFICE CONSOLIDATION OCTOBER 12, 2017
OFFICE CONSOLIDATION OCTOBER 26, 2018
TAY VALLEY TOWNSHIP
217 Harper Road, R.R. No. 4
Perth, Ontario K7H 3C6
tel: (613) 267-5353
fax: (613) 264-8516
www.tayvalleytwp.ca
Prepared by:
NOVATECH ENGINEERING CONSULTANTS LTD.
Consulting Engineers and Planners
Suite 200, 240 Michael Cowpland Drive
Ottawa, Ontario K2M 1P6
tel: (613) 254-9643
fax: (613) 254-5867
www.novatech-eng.com
IMPORTANT NOTICE
This document is an office consolidation of the Township's Comprehensive Zoning By-law No.
02-121, as amended, and has been prepared for ease of reference. While every attempt has been
made to ensure the accuracy of this consolidation, in the event of a discrepancy between it and
Zoning By-law No. 02-121 and amendments thereto, the original by-laws shall prevail.
THE CORPORATION OF
TAY VALLEY TOWNSHIP
BY-LAW NO. 02-121
A by-law to regulate the use of lands and the character,
location and the use of buildings and structures in Tay Valley Township
WHEREAS the Planning Act, R.S.O., 1990, Chapter P.13, as amended, provides that the
council of a municipal corporation may pass by-laws to regulate the use of land and the
character, location, density, size and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation of Tay Valley Township enacts as
follows:
Table of Contents
SECTION 1 - APPLICATION & INTERPRETATION
1
1.1
Title of By-law
1
1.2
Scope of By-law
1
1.3
Interpretation of By-law
1
1.4
Schedules to By-law
2
1.5
Zoning Administrator
2
1.6
Issuance of Building Permits, Certificates and Licenses
2
1.7
Certificate of Occupancy
2
1.8
Request for Amendment to Zoning By-law
2
1.9
Inspection
2
1.10
Violations and Penalties
2
1.11
Remedies
3
1.12
Validity
3
1.13
Typographical Corrections
3
1.14
Existing By-laws
3
SECTION 2 - DEFINITIONS
4
SECTION 3 - GENERAL PROVISIONS
18
3.1
Accessory Uses
18
3.2
Existing Non-Complying Lots
19
3.3
Front Yard Reduction Within Hamlets
19
3.4
Frontage on an Improved Street
19
3.5
Group Homes
19
3.6
Height Exceptions
20
3.7
Home-Based Businesses
20
3.8
Loading Space Requirements
23
3.9
Lots Containing More Than One Use
23
3.10
Lots Divided Into More Than One Zone
24
3.11
Moving of Buildings
24
3.12
Non-Conforming Uses and Non-Complying Uses, Buildings and Structures
24
3.13
Occupancy Restrictions
25
3.14
Open Storage
26
3.15
Parking Requirements
26
3.16
Pits, Quarries, Wayside Pits, Wayside Quarries and Portable Asphalt Plants
29
3.17
Public Uses
29
3.18
Residential Separation Distances from Other Land Uses
29
3.19
Second Dwelling Unit and Second Dwelling
29
3.21
Sewage Disposal Systems and the Applicability of this By-law
31
3.22
Sight Triangles
31
3.23 Shoreline Area Occupancy
31
3.24
Source Water Protection
31
3.25
Street Setbacks
32
3.26
Temporary Uses
32
3.27
Through Lots
33
3.28
Tiny House
33
3.29
Water Setbacks
33
3.30
Yard and Water Setback Encroachments
33
SECTION 4 - ZONES
35
4.1
General
35
4.2
Zones and Zone Symbols
35
4.3
Boundaries of Zones
35
4.4
Holding Zones
36
4.5
Special Zones
36
4.6
Temporary Zones
37
SECTION 5 - RESIDENTIAL ZONES
39
5.1
General Residential (R)
39
5.2
Seasonal Residential (RS)
45
5.3
Limited Services Residential (RLS)
47
5.4
Mobile Home Park Residential (RMH)
82
SECTION 6 - COMMERCIAL ZONES
83
6.1
General Commercial (C) Zone
83
6.2
Local Commercial (CL) Zone
85
6.3
Tourist Commercial (CT) Zone
89
SECTION 7 - INDUSTRIAL ZONES
91
7.1
General Industrial (M) Zone
91
7.2
Salvage Yard Industrial (MS) Zone
94
7.3
Disposal Industrial (MD) Zone
95
SECTION 8 - INSTITUTIONAL ZONES
96
8.1
Institutional (I) Zone
96
SECTION 9 - OPEN SPACE ZONES
97
9.1
Open Space (OS) Zone
97
SECTION 10 - RURAL ZONES
100
10.1
Rural (RU) Zone
100
SECTION 11 - AGRICULTURE ZONES
105
11.1
Agriculture (A) Zone
105
12.1
Mineral Aggregate Extraction (EX) Zone
107
SECTION 13 - NATURAL HERITAGE ZONES
109
13.1
Environnemental Protection (EP) Zone
109
SECTION 14 - NATURAL HAZARD ZONES
110
14.1
Flood Plain (FP) Zone
110
SECTION 15 - APPROVAL
111
SECTION 16 - METRIC CONVERSION CHART
112
SCHEDULES
A1 - Bathurst Ward
A2 - Burgess Ward
A3 - Sherbrooke Ward
1
SECTION 1 - APPLICATION & INTERPRETATION
1.1
Title of By-law
This By-law may be cited as the "Zoning By-law" of Tay Valley Township.
1.2
Scope of By-law
1.
The provisions of this By-law shall apply to all lands within the geographic limits
of the Corporation of Tay Valley Township, as shown on Schedules A1, A2 and
A3 attached hereto.
2.
No building or structure shall hereafter be erected, altered or enlarged, nor shall
the use of any building, structure or lot hereafter be changed, in whole or in part,
except in conformity with the provisions of this By-law.
3.
Nothing in this By-law shall prevent the use of any lot, building or structure for
any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose on the date of passing of this By-law, provided
that it continues to be used for such purpose.
4.
Nothing in this By-law shall prevent the erection of any building or structure for a
purpose prohibited by this By-law if the plans for such building or structure were
approved by the Chief Building Official prior to the date of passing of this By-
law, provided that:
When the building or structure is erected, it continues to be used for the
purpose for which the building permit was issued; and
The building or structure is commenced within six (6) months of the date
of the passing of this By-law and is completed within a reasonable time of
the commencement.
5.
This By-law shall not be effective to reduce or mitigate any restrictions imposed
by a governmental authority having jurisdiction to make such restrictions.
6.
All references to Provincial Acts or Regulations shall refer to the current Act or
Regulation. All references to the Planning Act shall refer to the Planning Act,
R.S.O., 1990, Chapter P.13, as amended.
1.3
Interpretation of By-law
1.
In this By-law, unless the context requires otherwise, words used in the singular
shall include the plural and words used in the plural shall include the singular.
2.
In this By-law, the word "shall" is mandatory and "may" is permissive.
3.
In this By-law, unless the context requires otherwise, the word "used" shall
include "designed to be used" and "arranged to be used", and the word
"occupied" shall include "designed to be occupied" and "arranged to be
2
occupied".
1.4
Schedules to By-law
The following schedules which are attached hereto are hereby incorporated into and are
declared to form part of this By-law to the same extent as if fully described herein:
Schedule A1 - Bathurst Ward
Schedule A2 - Burgess Ward
Schedule A3 - Sherbrooke Ward
1.5
Zoning Administrator
This By-law shall be administered by the Zoning Administrator.
1.6
Issuance of Building Permits, Certificates and Licenses
1.
Notwithstanding any provisions of the Building By-law or any other by-law of the
Corporation to the contrary, no building permit, certificate or license shall be
issued where the proposed building, structure or use would be in violation of any
of the provisions of this By-law.
2.
Notwithstanding the generality of (1) above, where the approval of another
agency or authority is required, this shall mean that the approval of such shall be
obtained by the applicant and submitted to the Zoning Administrator at such time
as an application is made for a building permit.
1.7
Certificate of Occupancy
No change shall be made in the type of use of land, buildings or structures within any
zone without first obtaining a Certificate of Occupancy from the Corporation, pursuant to
the Township's Occupancy Permit By-law.
1.8
Request for Amendment to Zoning By-law
Every request for an amendment to this Zoning By-law shall be accompanied by the
Corporation's "Application for an Amendment to Zoning By-law".
1.9
Inspection
The Zoning Administrator, the Chief Building Official or any other officer or employee
of the Corporation acting under the direction of Council is hereby authorized to enter at
all reasonable hours upon any property or premises for the purpose of carrying out his
duties under this By-law. Notwithstanding the foregoing, a dwelling unit shall not be
entered without the consent of the occupant except under the authority of a search
warrant.
1.10
Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable
to a fine in accordance with the provisions of the Planning Act and every penalty shall be
3
recoverable under the Provincial Offences Act.
1.11
Remedies
Where any building or structure is to be erected or altered, or any part thereof is to be
used, or any lot is to be used, in contravention of this By-law, such contravention may be
restrained by action at the instance of any ratepayer or of the Corporation pursuant to the
provisions of the Planning Act or the Municipal Act.
1.12
Validity
If any section, clause or provision of this By-law, including anything contained in
Schedules A1, A2 and A3 attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-law
as a whole or any part thereof, other than the section, clause or provision(s) so declared to
be invalid. It is hereby declared to be the intention that all the remaining sections, clauses
or provisions of this By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
1.13
Typographical Corrections
No amendment to this By-law shall be required in order for the Corporation to make
typographical corrections such as spelling, punctuation and section numbering changes
where, in the opinion of the Corporation, such corrections do not affect the intent of the
By-law.
1.14
Existing By-laws
All other by-laws of the Corporation enacted pursuant to Section 34 or predecessors
thereof of the Planning Act are hereby repealed and, without limiting the generality of the
foregoing, existing by-laws that are repealed include:
By-law No. 88-22 of the former Township of South Sherbrooke;
By-law No. 90-03 of the former Township of Bathurst;
By-law No. 94-24 of the former Township of North Burgess; and
All by-laws of the former Township of South Sherbrooke, former Township of
Bathurst, former Township of North Burgess and Township of Bathurst Burgess
Sherbrooke which amend the foregoing by-laws.
4
SECTION 2 - DEFINITIONS
For the purpose of this by-law, the definitions and interpretations in this section shall govern.
ACCESSORY shall mean a use, building or structure which is incidental, subordinate and
exclusively devoted to a main use and located on the same lot therewith.
AGGREGATE PROCESSING OPERATION shall mean a facility that processes material
derived from a pit or quarry and shall include activities such as screening, washing, crushing and
associated storage of raw or processed material.
AGRICULTURAL USE shall mean the use of land, buildings or structures for the growing of
crops, including nursery, biomass, and horticultural crops; raising, breeding, boarding, training
and keeping of livestock; raising of other animals for food, fur or fibre, including poultry and
fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm
buildings and structures, including but not limited to livestock facilities, manure storages, value-
retaining facilities and accommodation for full-time farm labour when the size and nature of the
operation requires additional employment.
This definition shall include livestock facilities, as herein defined, but shall not include
commercial or industrial activities such as abattoirs, tanneries, kennels or manufacturing
activities involving crops, animal products or wood products.
AGRICULTURAL PRODUCTS PROCESSING FACILITY shall mean an establishment
engaged in the storage, grading, processing and wholesale distribution of agricultural products
such as meat, fish, poultry, eggs and dairy, vegetable, fruit, honey, wool, fur and wood products.
AGRICULTURE-RELATED USES shall mean those 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.
ALTER when used in reference to a building or part thereof, shall mean to change any one or
more of the internal or external dimensions of such building or to change the type of construction
of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" shall mean
the change to the width, depth or area thereof or to change the width, depth or area of any
required yard, open space or parking area or to change the location of any boundary of such lot
with respect to a public highway or laneway, whether such alteration is made by conveyance or
alienation of any portion of said lot, or otherwise. The words "altered" and "alteration" shall
have a corresponding meaning.
ANTIQUE SHOP shall mean a retail store offering antiques, second hand goods and used
collectable items.
ASPHALT PLANT shall mean a facility 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.
PORTABLE ASPHALT PLANT shall mean an asphalt plant which is not of permanent
construction, but which is to be dismantled at the completion of the construction project.
5
ATTACHED, when used in reference to the relationship of a deck, porch or stairs to a main
building or structure, shall include any deck, porch or stairs that is unattached but is situated
within 1 m of the main building or structure.
AUTOMOBILE BODY SHOP shall mean a building or part of a building used for the painting
or repairing of automobile bodies and chassis, provided that all activities shall be undertaken
within an enclosed building, and provided further that it shall not include a salvage yard.
AUTOMOBILE SERVICE STATION shall mean a building or place where automotive fuels,
lubricants or parts are kept for sale and/or where mechanical repairs to vehicles are performed
and/or where vehicles are washed or cleaned, but it shall not include a salvage yard.
BANK shall mean an establishment where money is deposited, kept, lent or exchanged or where
other retail financial services are provided and includes a chartered bank, trust company or
similar financial institution.
BASEMENT shall mean that portion of the building between two floor levels which is partly
underground but, which has at least one-half (1/2) of its height from finished floor to finished
ceiling above adjacent finished grade as approved.
BED AND BREAKFAST shall mean a business conducted in a detached dwelling in which the
resident owner supplies for financial gain a maximum of three guest bedrooms for the purpose of
providing temporary lodging on a daily basis to the travelling public.
BOARDING HOUSE shall mean a dwelling in which the proprietor supplies for financial gain,
lodging with or without meals, but it does not include a bed and breakfast, hotel, hospital, foster
home, home for the aged or other establishment otherwise classified or defined in this By-law.
BOATHOUSE shall mean an accessory building or structure that is intended to shelter, house or
protect a boat or other watercraft and which is located such that more than 50% of the building or
structure is situated beyond the high water mark over the bed of the water body.
BUILDING shall mean any structure consisting of walls or columns and a roof which is used for
the shelter, accommodation or enclosure of persons, animals or chattels.
ACCESSORY BUILDING shall mean a building customarily incidental and
subordinate to the main building and located on the same lot with such main building and
not used for human habitation.
MAIN BUILDING shall mean a building serving the principal or primary uses for which
the lots was purchased, leased or rented.
TEMPORARY BUILDING shall mean a building or structure intended for removal or
demolition within a prescribed time as set out in a building permit.
BUILDING LINE shall mean a line within a lot drawn parallel to a lot line and establishing the
minimum distance between that lot line and any building or structure which may be erected.
BUILDING SUPPLY CENTRE shall mean an establishment engaged in the selling or
installing of building supplies including lumber, millwork, siding, roofing, plumbing, electrical,
heating, air conditioning and similar items.
6
CARPORT shall mean an attached or detached structure which is accessory to a dwelling and
which is covered but open on at least two sides and used for the sheltering of permitted vehicles
and storage of household equipment incidental to the residential occupancy.
CELLAR shall mean that portion of a building between two floor levels, which is partly
underground and which has more than one-half (1/2) of its height from finished floor to finished
ceiling below finished grade.
CEMETERY shall mean land used as a place of interment for the dead within the meaning of
the Cemeteries Act.
CHIEF BUILDING OFFICIAL shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of the Building by-law of the Corporation.
CLINIC shall mean a building or part thereof where health services are provided to the public in
the form of medical, paramedical, dental, surgical, physiotherapeutic or other human health
services including associated technician and laboratory facilities, and may also include an
incidental pharmaceutical outlet for the sale of prescription and therapeutic drugs and medication
and other drug store products, and optical equipment.
COMMERCIAL PARKING LOT shall mean the use of a vacant lot for parking as the
principal or main use.
COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-
profit, non-commercial body or society such as a service club or charitable organization for
promoting athletic, cultural, educational, health, recreational, social, philanthropic or other
similar objectives.
CONCRETE PLANT shall mean a facility which produces concrete for immediate use in the
construction of buildings, structures, roadways, curbs, sidewalks and similar applications. It
shall also include a facility which manufactures finished concrete products.
CONSERVATION USE shall mean the preservation, improvement and enhancement of natural
resources or the natural environment.
CONTRACTOR'S YARD shall mean a yard where materials, equipment and vehicles are
stored in association with any building trade or contractor such as excavators, road builders,
roofers, landscapers, snow removal and similar contractors, but shall not include a salvage yard.
CORPORATION shall mean the Corporation of Tay Valley Township.
COUNCIL shall mean the Council of the Corporation of Tay Valley Township.
CUSTOM WORKSHOP shall mean a business in which an artist or craftsperson produces and
sells goods such as jewellery, leatherwork, wood crafts, metal crafts or pottery, or fine art such as
paintings and sculptures, in small quantity or on a custom order basis. A custom workshop does
not include any establishment where mass production of goods is carried on nor any shop or
factory otherwise defined in this by-law.
DAY NURSERY shall mean a day care facility licensed under the Child Care and Early Yearts
7
Act and which provided care for six (6) or more children.
DWELLING shall mean a building occupied or capable of being occupied as the home or the
residence of one or more persons. This definition shall not include any vehicle defined herein.
ACCESSORY DWELLING shall mean a Single Dwelling, the use and occupancy of
which is accessory to a permitted non-residential use occurring on the same Lot.
DUPLEX DWELLING shall mean a dwelling which is divided horizontally into two
dwelling units.
MULTIPLE DWELLING shall mean a dwelling which contains three or more dwelling
units and which is not a townhouse dwelling as herein defined.
SEASONAL DWELLING shall mean a dwelling which contains one dwelling unit and
which is used for vacation, recreation, rest and relaxation purposes from time to time, but
which is not occupied or used as a year-round, permanent home or residence.
SECOND DWELLING shall mean an accessory building which contains one or more
habitable rooms designed and occupied as an independent dwelling in which living,
kitchen and bathroom facilities are provided and which is located on the same lot as a
single dwelling, semi-detached dwelling or townhouse dwelling, as defined herein.
SEMI-DETACHED DWELLING shall mean a dwelling which is divided vertically
into two dwelling units.
SINGLE DWELLING shall mean a dwelling which contains only one dwelling unit.
TINY HOUSE DWELLING shall mean a single dwelling or a seasonal dwelling, as
herein defined, which does not meet the minimum dwelling unit area requirements of the
zone in which it is located but which otherwise meets all of the provisions of the Ontario
Building Code.
TOWNHOUSE DWELLING shall mean a dwelling which contains three or more
dwelling units which are divided vertically, each of which has a separate entrance, and
fully independent front and rear yards.
DWELLING UNIT shall mean one or more habitable rooms designed for use and occupied by
persons in which separate kitchen and sanitary facilities are provided for the exclusive use of
such persons with an independent entrance from outside the building or from a common hallway
or stairway inside the building.
ACCESSORY DWELLING UNIT shall mean a Dwelling Unit, the use and occupancy
of which is within and accessory to a permitted non-residential building use occurring on
the same Lot.
SECOND DWELLING UNIT shall mean one or more habitable rooms designed and
occupied as an independent dwelling in which living, kitchen and bathroom facilities are
provided and which is located entirely within a single dwelling, semi-detached dwelling
8
or townhouse dwelling, as defined herein.
EQUIPMENT RENTAL OUTLET shall mean the use of land and buildings for the rental of
equipment, machinery, furniture and fixtures which are primarily of a size and type which would
be used for home improvement or household purposes and which would generally be
transportable by the general public.
ERECT shall mean build, construct, reconstruct or relocate and shall include any preliminary
physical operations such as cutting, grading, excavating, filling, or draining or any altering of an
existing building by an addition, extension or other structural change or the doing of any work
for which a building permit is required under the building by-laws of the Corporation. The
words "erected" and "erection" shall have a corresponding meaning.
EXISTING shall mean existing as of the date of passing of this By-law.
FLOOD LINE shall mean the line showing the limit of the 1:100 year flood level as established
by flood plain mapping of the relevant Conservation Authority.
FLOOD PLAIN shall mean the area below the 1:100 year flood line.
FLOOR AREA shall mean:
For a dwelling or dwelling unit, the total area of the storeys contained within the exterior
walls of the dwelling or dwelling unit, exclusive of any garage, carport, porch, veranda,
unfinished attic, unfinished basement or unfinished cellar where such basement or cellar
has a height of less than 2.1 m measured between its floor surface and the underside of
the joists of the storey above it;
For a building other than a dwelling or dwelling unit, the total area of all floors contained
within the outside walls of the building.
FLOOR SPACE INDEX shall mean the ratio of the floor area of a dwelling to the area of the
lot on which the dwelling is situated, expressed as a percentage.
FUEL STORAGE FACILITY shall mean an establishment primarily engaged in the bulk
storage and distribution of petroleum, gasoline, fuel oil, gas or other similar products in fuel
storage tanks.
GARDEN CENTRE shall mean an establishment primarily used for the retail sale of gardening
equipment, products and planting materials, including greenhouses for the cultivation of such
materials.
GARDEN SUITE shall mean a portable detached dwelling located on the same lot as the
principal dwelling which provides for the housing needs of the family residing in the principal
dwelling, and for which a temporary use by-law has been adopted, pursuant to the provisions of
the Planning Act.
GOLF COURSE shall mean a public or private area operated for the purpose of playing golf
and includes a driving range and accessory uses such as a club house, a putting green and similar
uses.
GRADE shall mean the median elevation between the highest and lowest points of the finished
9
surface of the ground (measured at the base of the building or structure), but exclusive of any
embankment in lieu of steps.
GROUP HOME shall mean a single dwelling which is occupied by 3 to 10 unrelated residents
who, by reason of their emotional, mental, social or physical condition or legal status, require a
supervised family living arrangement for their well-being. A group home may be occupied as
the residence by the staff or receiving family. A group home does not include foster homes,
boarding houses or other uses defined herein.
HEAVY EQUIPMENT SALES OR RENTAL ESTABLISHMENT shall mean an
establishment having as its main use the storage of heavy trucks and/or excavation or
construction equipment for sale, rent or lease. Accessory uses may include facilities for the
repair or maintenance of such heavy equipment.
HEIGHT, when used with reference to a building, shall mean the vertical distance between
grade and:
The highest point of the roof surface on a flat roof;
The deck line on a mansard roof;
The mean level between the eaves and ridge of a gable, hip or gambrel roof.
HIGH WATER MARK shall mean the mark made on the shore or bank of a water body
through the natural action of water, which action has continued over such a long period of time
that it has created a difference between the character of the vegetation or soil below the mark and
that above the mark.
HOME-BASED BUSINESS shall mean an occupation, trade, profession or craft conducted as
an accessory use to the use of a dwelling.
INDUSTRIAL USES shall refer to lands, buildings, or structures used in conjunction with any
process carried on in the course of trade or business for or incidental to any of the following
purposes:
The making of any article of any description, or part of any article;
The altering, repairing, ornamenting, furnishing, cleaning, washing, packing, canning,
refurbishing or adapting for sale, or breaking up or demolition of any article;
The obtaining, dressing, or treating of minerals or aggregates.
INTAKE PROTECTION ZONE (IPZ) shall mean the area upstream of a surface water intake
where land use activities have the potential to affect the quality of water that flows into the
intake.
KENNEL shall mean a building or structure where animals other than livestock are bred,
boarded or trained for financial compensation.
LANE shall mean a driveway providing access from within a property to a public street.
LIVESTOCK FACILITIES shall mean livestock and poultry barns, buildings or structures
where agricultural animals are housed and shall include feed lots and associated manure storage.
LOADING SPACE shall mean a space or bay located on a lot which is used or intended to be
10
used for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise or materials used in connection with the use of the lot or any building thereon.
LOT shall mean a parcel or tract of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act.
CORNER LOT shall mean a lot situated at the intersection of two streets, of which two
adjacent sides that abut the intersecting streets contain an angle of not more than 135
degrees.
INTERIOR LOT shall mean a lot situated between adjacent lots and which has frontage
on one street.
THROUGH LOT shall mean a lot bounded on two opposite sides by streets, provided
that if any lot qualifies as being both a corner lot and a through lot, the lot shall be
deemed a corner lot for the purposes of this By-law.
WATERFRONT LOT shall mean a lot which has no street access, but has water access
on a shoreline.
LOT AREA shall mean the total horizontal area within the lot lines of a lot.
LOT COVERAGE shall mean that portion of the area of a lot covered by all buildings and
structures, exclusive of automobile service station pump island canopies, entrance canopies,
balconies and overhanging eaves which are more than 2.5 m above finished grade.
LOT FRONTAGE shall mean the width of a lot measured between the intersections of the side
lot lines with a line that is continuously 6 m back from and parallel to the front lot line.
LOT LINE shall mean any boundary of a lot or the vertical projection thereof.
FRONT LOT LINE shall mean the following:
In the case of an interior lot, the line dividing the lot from the street;
In the case of a corner lot or through lot, the shorter lot line abutting a street, or where
access is gained to the lot regardless of the length of the line.
In the case of a waterfront lot, the high water mark shall be deemed to be the front lot
line.
REAR LOT LINE shall mean in the case of a lot having 4 or more lot lines, the lot line
farthest from and opposite to the front lot line. If a lot has less than 4 lot lines, there shall
be no rear lot line.
SIDE LOT LINE shall mean a lot line other than a front or rear lot line.
MARINA shall mean an establishment or premises containing facilities and located on a water
body where boats and boat accessories are berthed, stored, serviced, repaired, maintained or kept
for sale or rent and where facilities for marine fuels and lubricants are provided.
MARINE FACILITY shall mean an accessory building or structure which is used to place a
11
boat in or out of a water body, or to moor, berth or store a boat. This definition shall include a
boat launching ramp or equipment, boat lift, dock, slip and boathouse, but shall not include any
building used for human habitation, any building that is not a boathouse as defined in this By-
law, or any boat repair, service or sales facility.
MOBILE HOME shall mean a prefabricated building which bears a CSA Z240 approval and
which is designed to be towed on its own chassis (notwithstanding that its running gear is or may
be removed), designed and equipped for year round occupancy and containing therein facilities
for cooking or for the installation of cooking equipment, as well as sanitary facilities including a
flush toilet and shower or bathtub. This definition shall not include a travel trailer or tent trailer
or trailer otherwise defined in this By-law.
MOBILE HOME SITE shall mean a portion of a mobile home park designed to accommodate
one mobile home.
MOBILE HOME PARK shall mean land which has been provided and designed for the
location of two or more occupied mobile homes.
NON-COMPLYING when applied to a use, building or structure shall mean a use, building or
structure which is listed as a permitted use in the zone in which it is located but which
contravenes one or more of the provisions of this By-law for the zone in which it is located, as of
the date of the passing of this By-law.
NON-CONFORMING shall mean a use, building or structure which, on the date of the passing
of this By-law, is not within the list of permitted uses for the zone in which it is located.
ON-FARM DIVERSIFIED USES shall mean uses that are secondary to the principal
agricultural use of the property, and are limited in area. On-farm diversified uses include, but are
not limited to, home occupations, home industries, agri-tourism uses, and uses that produce
value-added agricultural products.
OPEN MARKET shall mean a building or open air facility where individual vendors operating
from stalls, booths or other defined areas offer the following for sale: Fresh fruit, vegetables and
herbs, poultry, fish, meat, eggs, cheese, honey, cider, maple products, cut flowers, bedding
plants, shrubs and trees, baked foodstuffs, second hand furniture and other items, handicrafts and
other hand-made products.
OPEN SPACE shall mean unoccupied space open to the sky on the same lot with the building.
OPEN STORAGE shall mean the storage of goods, merchandise or equipment outside a
building or structure on a lot or portion thereof, but does not include the outdoor display of a
limited number of samples of the goods, merchandise or equipment for the purposes of sales and
advertisement, nor does it include the open storage of a limited quantity of operative or licensed
vehicles and equipment that are normally associated with residential occupancy.
OUTDOOR WOODBURNING FURNACE shall mean an accessory building or structure
which operates as a heat source for associated main buildings.
PARK shall mean an area consisting largely of open space, which may include a recreational
area, playground, playing field, tennis courts, lawn bowling greens, indoor and outdoor skating
rinks, curling rinks, athletic field, picnic areas, swimming pools, day camps, community centres
12
or other similar use, but it shall not include a mobile home park or tourist campground.
PUBLIC PARK shall mean a park owned or controlled by the Corporation or by any
ministry, board, commission or authority established under any statute of Ontario or
Canada.
PRIVATE PARK shall mean a park other than a public park.
PARKING AREA shall mean a lot or lots or portions thereof required in accordance with the
provisions of this by-law for the temporary parking of motor vehicles and includes any related
aisles, parking spaces, entrance and exit lanes, but, it shall not include any part of a public street.
PARKING SPACE shall mean an area for the temporary parking or storage of motor vehicles.
PERSON shall mean an individual, an association, a chartered organization, a firm, a
partnership or a corporation.
PERSONAL SERVICE shall mean an establishment where a personal service related to the
grooming or health of persons is provided, or where the maintenance or repair of personal
wardrobe articles is performed. A personal service may include a hair stylist, an aesthetician, a
tailor, a shoe repair shop, a laundromat, a dry cleaning distribution outlet or similar use.
PIT shall mean any open excavation made for the removal of any soil, earth, clay, marl, sand,
gravel or unconsolidated rock or mineral in order to supply material for construction,
manufacturing or industrial purposes but, it 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.
WAYSIDE PIT shall mean a temporary pit opened and used by or for a public road
authority solely for the purpose of a particular project or contract of road construction.
PLACE OF ASSEMBLY shall mean a building or structure used for the operation of arts and
craft shows, trade fairs, fashions shows, public meetings, banquets, community activities or
events, conferences, auctions and similar activities.
PLACE OF WORSHIP shall mean a place which is 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. It also includes a convent, a seminary, a monastery, rectory,
manse, parsonage, as well as a place of assembly and cemetery, as herein defined, and offices for
the administration of the religious institution.
PRIVATE GARAGE shall mean an attached or detached building which is accessory to a
dwelling and which is fully enclosed and designed or used for the sheltering of permitted
vehicles and storage of household equipment incidental to the residential occupancy.
PRINTING ESTABLISHMENT shall mean a business primarily engaged in the reproduction
or duplication of printed materials and/or the production of books, newspapers and similar
publications.
PROFESSIONAL OR BUSINESS OFFICE shall mean a building or part of a building in
13
which any business is conducted or profession is practiced, but which does not include any
establishment otherwise defined herein.
PUBLIC USE shall mean the use of land, buildings or structures for the supply of public
services by the Corporation, the County of Lanark, the Governments of Ontario or Canada, any
agencies, boards commissions or authorities thereof, and any company providing electricity,
natural gas, wired or wireless communications or rail transportation.
QUARRY shall mean any open excavation made for the removal of consolidated rock or
mineral including limestone, sandstone or shale in order to supply material for construction,
industrial or manufacturing purposes.
WAYSIDE QUARRY shall mean a temporary quarry opened and used by or for a public
road authority solely for the purpose of a particular project or contract of road
construction.
RECREATIONAL ESTABLISHMENT shall mean any building or part of a building used for
the purposes of a bowling alley, curling rink, skating rink, billiard parlour, health or athletic club,
swimming pool, theatre or other similar use.
RESIDENTIAL CARE HOME shall mean a residence for the elderly which provides ancillary
health and social services to the residents of the home and has communal dining and recreational
facilities.
RESTAURANT shall mean a building or part of a building where food is prepared and offered
for sale or sold to the public for consumption on or off the premises.
RETAIL STORE shall mean a building or part of a building where goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail and includes rental of consumer
goods and storage of limited inventory on or about the store premises.
RISK MANAGEMENT OFFICIAL shall mean a person appointed by the Corporation that is
responsible for the enforcement of Part IV of the Clean Water Act, and who has the
qualifications prescribed in Ontario Regulation 287/07, as may be amended.
SALVAGE YARD shall mean a junk yard, an automobile wrecking yard or premises and
premises where goods, wares, merchandise or articles are processed for further use or for the
storage, keeping or abandonment of junk including scrap metals or other scrap material from the
dismantling, demolition or abandonment of vehicles or machinery parts.
SCHOOL shall mean an educational establishment under the jurisdiction of a Board as defined
in the Education Act.
SELF-STORAGE FACILITY shall mean a building which is divided into spaces which may
be rented for the purpose of storing goods, wares, merchandise, equipment or materials.
SERVICE OUTLET shall mean an establishment where articles, goods or materials, excluding
vehicles, may be repaired or serviced.
SEWAGE DISPOSAL SYSTEM shall mean a privy, a greywater system, a cesspool, a
leaching bed system, a holding tank or any other privately-owned individual or communal
14
system for the on-site holding and/or treatment of sanitary sewage.
SHORELINE shall mean any lot line or portion thereof which is the shore of a water body.
SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a corner lot
and a line drawn from a point in one street line to a point in the other street line, each such point
being 9 m from the point of intersection of the street lines, measured along the street lines.
Where two street lines do not intersect at a point, the point of intersection of the street lines shall
be deemed to be the intersection of the projection of the street lines or the intersection of the
tangents to the street lines.
SIGN shall mean a name, identification, description, device, display or illustration which is
affixed to a building, structure or lot which directs attention to an object, product, place, activity,
person, institute, organization or business and which does not contravene any by-law of the
Corporation.
SLEEPING CABIN shall mean a single storey building which provides accessory sleeping
accommodation, but which shall not contain washroom, kitchen or other food preparation
facilities.
SOURCE PROTECTION PLAN shall mean the Mississippi-Rideau Source Protection Plan
prepared pursuant to the Clean Water Act, 2006.
STOREY shall mean that portion of a building other than a cellar, basement or attic included
between the surface of any floor level and the surface of the floor, ceiling or roof above it.
STREET shall mean a public thoroughfare under the jurisdiction of either the Corporation, the
County or the Province of Ontario. This definition does not include a lane, a private road or
private right-of-way.
IMPROVED STREET shall mean a street which has been assumed by the Corporation,
the County or the Province and is maintained on a regular, year-round basis.
STREET ACCESS shall mean, when referring to a lot that such lot has a lot line or portion
thereof which is also a street line.
STREET LINE shall mean the limit of the road or street allowance and is the dividing line
between a lot and a street.
STREET SETBACK shall mean with reference to a street, the distance between the centreline
of a street allowance and the nearest building line.
STRUCTURE shall mean anything constructed or erected, the use of which requires location on
the ground or attached to something having its location on the ground and, without limiting the
foregoing, includes a trailer or a mobile home.
TERTIARY SEPTIC SYSTEM shall mean a system as approved in Supplementary Standard 5
of the Ontario Building Code.
TOURIST CAMPGROUND shall mean any parcel of land which is used to provide temporary
accommodation for the public or members of an organization in tents, trailers, tourist trailers or
15
recreational vehicles.
TOURIST LODGING ESTABLISHMENT shall mean an establishment which provides
temporary accommodation in one or more buildings for members of the public or organizations
who are vacationing or travelling and shall include a seasonal camp, a cabin, a hotel, a lodge and
a motel.
SEASONAL CAMP shall mean an establishment which provides meals, sleeping
accommodation and recreational opportunities to individuals and groups who are under
the supervision of camp staff and shall include children's camps, church camps, scouting
movement camps, YM/YWCA camps and other similar uses.
CABIN shall mean an establishment designed to accommodate one or more persons in a
detached or semi-detached building.
HOTEL shall mean an establishment containing four or more guest rooms served by a
common entrance. Accessory uses may include dining rooms, meeting rooms and similar
uses.
LODGE shall mean an establishment containing four or more guest rooms served by a
common entrance, generally from ground level. Accessory uses may include
accommodation for permanent staff, dining room, meeting rooms and similar uses.
MOTEL shall mean an establishment containing four or more guest rooms each of which
has a separate entrance directly from outside the building. Accessory uses may include
dining rooms, meeting rooms and similar uses.
TRADESPERSON'S ESTABLISHMENT shall mean a building or part of a building which, in
addition to or as well as serving as an office, serves as a storage facility for the materials and
equipment of, and/or a workshop for the undertaking of repairs, the preparation of materials, or
the production of items on a custom order basis by, one of the following tradepersons: Heating
and cooling systems specialist, cabinet maker, carpenter, chimney sweep, drywaller or plasterer,
electrician, exterminator, fence installer, furniture refinisher, glass installer, grounds maintenance
person and landscaper, handyman, janitor, mason, painter, plumber, printer, snow plough
operator, upholsterer, window cleaner and similar tradepersons whose activities are not
otherwise defined in this By-law.
TRANSPORTATION DEPOT shall mean an establishment where more than two commercial
vehicles are kept for hire, stored or parked and/or dispatched and may include accessory loading
and warehouse uses and truck or bus fuelling and repair facilities.
UNENCLOSED, when used in relation to an attached or unattached porch, deck or other
structure, shall mean open except for a roof, supporting columns, safety railings, screens,
curtains or shades. The word unenclosed shall exclude partial or full solid walls or other solid
materials such as glass and synthetic glass substitutes normally intended to provide protection
from the elements.
USE when used as a noun means the purpose for which a parcel of land, lot, building or structure
or any combination thereof is designed, arranged, occupied or maintained and "uses" shall have a
corresponding meaning. "Use" when used as a verb, or "to use" shall also have a corresponding
meaning.
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VEHICLE shall mean an all-terrain vehicle, an automobile, a boat, a commercial motor vehicle,
a farm implement, a mobile home, a motorcycle, a snowmobile, a recreational vehicle or a
trailer.
VEHICLE SALES OR RENTAL ESTABLISHMENT shall mean an establishment having as
its main use the storage of vehicles for sale, rent or lease. Accessory uses may include facilities
for the repair or maintenance of such vehicles.
VETERINARY CLINIC shall mean a building where one or more licensed veterinarians and
any associated staff provide medical, surgical, grooming or similar services to animals, but does
not include boarding services except those essential to recovery from medical treatment.
WAREHOUSE shall mean a building used for the bulk storage of commodities, goods,
materials, merchandise or wares.
WASTE DISPOSAL SITE shall mean a place where garbage, refuse, domestic or industrial
waste is disposed of or dumped and shall include a sewage treatment plant, lagoon or sludge
disposal area.
WASTE RECYCLING FACILITY shall mean an operation engaged in the processing and
recycling of non-hazardous solid wastes including but not limited to wood, drywall, cardboard,
metal and other construction wastes. Radioactive, pathological and/or asbestos-contaminated
materials or any other hazardous materials are not permitted to be processed.
WASTE TRANSFER FACILITY shall mean an operation wherein waste materials collected
from surrounding areas are stored on a temporary basis entirely within a building and then
shipped to the appropriate disposal site.
WATER BODY shall mean any bay, lake, river, watercourse or canal, but excluding a drainage
or irrigation channel.
WATERCOURSE shall mean a natural drainage channel that contains water either permanently
or intermittently, including creeks and streams.
WATER SETBACK shall mean, in reference to a water body, the horizontal distance between
the high water mark and the nearest building line.
WHOLESALE ESTABLISHMENT shall mean a business engaged in the bulk storage and
sale of commodities, goods, materials, merchandise or wares for resale or business use.
WINERY shall mean buildings or structures, or parts thereof, secondary to the agricultural use
of a vineyard and/or fruit farm, where wines are produced and includes display, processing of
fruit, fermentation, production, bottling, aging and storage of wine and wine related products for
use in on-site tasting areas, retail, administrative facilities, and indoor events and shall include an
on-site restaurant. Wine tasting and the offering for sale of locally-grown product samples are
considered part of the Winery activity.
YARD shall mean an open, uncovered space appurtenant to a building or structure
FRONT YARD shall mean a yard extending across the full width of the lot between the
17
front lot line and the nearest part of any main building or structure on the lot.
REAR YARD shall mean a yard extending across the full width of the lot between the
rear lot line and the nearest part of any main building or structure on the lot.
SIDE YARD shall mean a yard extending from the front yard to the rear yard between
the side lot line and nearest part of any main building or structure on the lot.
EXTERIOR SIDE YARD shall mean a side yard abutting a street.
INTERIOR SIDE YARD shall mean a side yard other than an exterior side yard.
ZONE shall mean:
A land use category as defined and regulated in this By-law; or
A designated area of land shown on the zoning schedules to this By-law.
ZONING shall mean the demarcation of an area into zones and the establishment of regulations
to govern the use of the land within these zones and the location, bulk, height, shape, use and
coverage of structures within each zone. The terms "zone provisions" and "zone requirements"
shall have a corresponding meaning.
ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-law.
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SECTION 3 - GENERAL PROVISIONS
3.1
Accessory Uses
Accessory uses, buildings or structures shall be permitted in any zone, provided that:
1.
Accessory buildings or structures, other than sleeping cabins, shall not be used for
human habitation and shall not include kitchen or sanitation facilities, except as
specifically permitted elsewhere in this By-law.
2.
Accessory buildings shall be included for the purposes of compliance with
maximum lot coverage provisions.
3.
There shall be no minimum yard or water setback provisions applicable to a
marine facility, except that the minimum side yard shall be 3 m.
4.
The minimum separation distance between a detached accessory building and the
main building shall be 1 m.
5.
Any building or structure that is attached to the main building shall not be
considered as accessory.
6.
In any Residential zone, buildings or structures accessory to a residential use shall
be subject to the following special provisions:
1. The lot coverage of all accessory buildings or structures shall not exceed 10%.
2. The maximum height of an accessory building or structure shall be 5.0 m.
3. Notwithstanding the yard provisions of this By-law to the contrary an
accessory building or structure may be located in a required interior side or
rear yard, provided that the minimum yard shall be 1 m, except as otherwise
provided in this section for marine facilities.
7.
Except as otherwise provided in this section, accessory buildings and structures
shall conform to the zone provisions applicable to main buildings.
8.
Notwithstanding the foregoing provisions, an outdoor woodburning furnace shall
only be permitted in a Rural or Agricultural zone and shall be a minimum of
100m from any property line, unless the woodburning furnace meets Canadian
Standard Association standard B415.1 relating to the control of emissions, in
which case such standards shall be set back from any property line a distance that
is greater of 46 metres or is recommended by the manufacturer or required by the
Building Code.
9.
Notwithstanding any provision of this By-law to the contrary, in the case of a
wind turbine all yards shall be a minimum of two times the height of the highest
point of the area swept by the rotor blades.
10.
On a lot which both abuts a water body and is situated in a Residential or Rural
zone, one sleeping cabin shall be permitted accessory use, provided that:
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1.
The maximum floor area, including attached decks, of a sleeping cabin
shall be 25m2.
2.
The minimum water setback of a sleeping cabin shall be 30m, or the
water setback of the existing dwelling, whichever is greater.
3.2
Existing Non-Complying Lots
Where, on the date of passing of this By-law, a lot exists with less than the minimum lot
frontage and/or lot area required by this By-law, or is increased in lot frontage and/or lot
area but is still undersized, such non-complying lot may be used and a building or
structure may be erected, altered or used for a purpose permitted in the zone in which it is
located on the date of the passing of this By-law without the requirement to obtain relief
from the applicable lot area and/or lot frontage provisions of this By-law. This provision
shall not be construed as granting relief from any other provisions of this By-law.
3.3
Front Yard Reduction Within Hamlets
Notwithstanding any minimum front yard requirement of this By-law to the contrary, on
a lot within the Hamlet designation of the Official Plan of Tay Valley Township, the front
yard may be reduced to 4.5 m or the average of the front yards of existing main buildings
located on the abutting lots, whichever is greater.
3.4
Frontage on an Improved Street
No lot shall be used and no building or structure shall be erected on a lot in any zone
unless such lot has sufficient frontage on an improved street to provide driveway access.
Notwithstanding the foregoing, this provision shall not apply to:
A non-residential building or structure accessory to an agricultural or
conservation use;
A lot on a registered plan of subdivision and with frontage on a street which will
become an improved street pursuant to provisions in, and financial security
associated with, a subdivision agreement that is registered on the title to the lot;
A lot on a plan of subdivision registered before December 10, 2002, that has
frontage on a street that is not an improved street, where the owner has entered
into a Road Access Agreement to the satisfaction of the Township;
A lot located in a Limited Services Residential zone;
A existing seasonal dwelling in a Seasonal Residential zone
3.5
Group Homes
Group homes shall be permitted in the General Residential, Rural and Institutional zones
in accordance with the following:
1.
The maximum number of group homes in the Township shall not exceed 1 per
1,000 permanent resident population.
2.
The minimum separation distance between two group homes shall be 500 m.
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3.
A group home shall be located a minimum of 30 m from any dwelling on another
lot.
3.6
Height Exceptions
The maximum height restrictions of this By-law shall not apply to the following:
Air conditioning, heating or similar mechanical equipment
Antenna
Barn
Belfry, spire or dome associated with a place of worship
Chimney
Clock tower
Communications tower
Electrical supply structure
Elevator or mechanical penthouse
Farm implement storage building
Flag pole
Grain elevator
Silo
Solar collector
Water tower
Wind turbine
3.7
Home-Based Businesses
A home-based business, as herein defined, shall be permitted as an accessory use to a
residential use, unless specifically listed below as a prohibited use, in accordance with the
following provisions.
1.
Residential Character
The home-based business use(s) shall not cause any individual or cumulative
effects that change the residential character of the main residential use. The use(s)
shall not:
be visible or apparent from adjacent properties, other than due to permitted
signage if any;
cause a nuisance or annoyance or loss of enjoyment to neighbours;or,
cause a significant increase in traffic on street serving the dwelling.
2.
Compatibility
The home-based business use(s) shall not generate noise, vibration, fumes, dust,
effluent, odour, glare, magnetic fields or radiation, which is evident outside of the
21
dwelling or which exceeds limits established by existing By-laws and Provincial
or Federal legislation or policy.
3.
Maximum Size
The amount of floor area deemed separate and exclusively dedicated for the
home-based business use(s) shall not exceed 25% of the total floor area of the
dwelling, or 50m2, whichever is the lesser.
4.
Location
the floor area of the home-based business use(s) may be located in any portion
of the dwelling unit.
not more than 15 m2 of the floor area may be located in a private garage or in
an accessory building, provided these structures comply with all other
provisions of this By-law.
5.
Employees
The home-based business use(s) may have no more than 2 employees at a time
working on the premises, in addition to the residents of the dwelling unit,
provided that employee parking, if required, shall be provided on the lot.
6.
Exterior Effects
The home-based business use(s), including the storage or display of goods or
materials, shall be located entirely within the dwelling or accessory building(s)
and shall not be visible from adjacent properties.
7.
Radio, Television and Satellite
The home-based business use(s) shall not interfere with telephone, television,
radio, or satellite reception.
8.
Health/Life/Fire Safety Hazard
The home-based business use(s) shall not be deemed to present a health, life or
fire safety hazard, as regulated by the Ontario Building Code, the National Fire
Code, the Ministry of the Environment and Climate Change, the Ontario Ministry
of Health and Long-Term Care, or other provincial or federal legislation.
9.
Water and Sewer Services
The applicant shall obtain a sewage system approval and shall demonstrate to the
satisfaction of the Township that there is a sufficient supply of well water where
the proposed home-based business use(s) may place demands on the existing
sewage disposal and water supply systems that exceed normal domestic usage.
10.
Retail Sales and Rental
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The retail sales or rental of merchandise shall only be permitted as part of the
home-based business use(s) where the merchandise:
is produced, assembled, repaired, or otherwise has value added to it on the
property;
is associated with a service that is provided as the primary component of the
home-based business use(s); or
is a transaction where the customer contacts the business to place an order to
purchase or rent the merchandise, and the merchandise is either picked up by
the customer or delivered to the customer.
11.
Instruction or Education
The permitted home-based business use(s) may include instructional or
educational activities including private day cares, in accordance with the
following provisions.
The use(s) shall be limited to a maximum of 6 students at a time.
The teaching of music, dance, or other physical activity that is likely to create
noise or vibration shall be permitted only where it can be ensured that noise or
vibration will not be detectable to the occupants of adjacent dwellings.
12.
Delivery Vehicles
Home-based business use(s) that require the receipt or delivery of merchandise,
goods, or equipment shall only be permitted where the delivery vehicles are
typical of those vehicles used in residential deliveries. No deliveries (drop offs or
pick-ups) are permitted between the hours of 7:00 PM and 7:00 AM.
13.
Specifically Prohibited Uses
The following uses do not fall within the definition of home-based business:
any use which does not comply with the preceding provisions;
any use which has not received a license under any other municipal by-law, as
may be required;
kennel, veterinary clinic or any other animal-related use;
licensed day nursery;
any residential use, except as permitted in the Zone in which the home-based
business use is located;
home for the aged, residential care home or nursing home;
laundromat or dry-cleaning use;
restaurant;
retail store;
any automobile-related use, heavy equipment sales or rental use, equipment
retail outlet use and transportation depot use, as herein defined;
commercial yard sale and open market.
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14.
Special Provisions for Rural and Agricultural Zones
Where a lot is located in the Rural or Agricultural Zones, the following additional
provisions shall apply, provided that the lot is a minimum of 4 ha.
All of the provisions of the foregoing subsections shall apply, except as
provided below.
The home-based business use(s) shall also be permitted in an accessory
building or structure to a maximum floor area of 100 m2.
The home-based business use(s) may include accessory open uses and storage,
provided such open uses and storage are limited to 200m2 and are not located
within any required yard.
3.8
Loading Space Requirements
1.
Number of Loading Spaces Required
Any commercial or industrial use which involves the transfer of goods, wares,
merchandise or raw materials to and from the site shall provide and maintain
loading facilities on the lot in accordance with the following regulations:
Floor Area of Building
Number of Loading Spaces
less than 200 m2
0
200 m2 - 1,000 m2
1
over 1,000 m2
1 plus 1 additional loading
space per each 1,000 m2 of floor area or part
thereof
2.
Loading Space Size
A required loading space shall be a minimum of 9.0 m long, 3.5 m wide and have
a vertical clearance of at least 4.5 m.
3.
Loading Area Surface
A loading area shall be maintained with a stable surface such as concrete, asphalt
or crushed stone.
4.
Cumulative Loading Requirements
Where a lot, building or structure accommodates more than one use, the loading
space requirement shall be the sum of the requirements for the uses.
3.9
Lots Containing More Than One Use
Where a lot accommodates more than one use and the provisions of this By-law for the
uses are different, the more restrictive provisions shall apply.
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3.10
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, each 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.
3.11
Moving of Buildings
No building or structure shall be moved into the Township or onto any lot unless its use
and location comply with the By-law.
3.12
Non-Conforming Uses and Non-Complying Uses, Buildings and Structures
1.
Buildings Accessory to Non-Conforming Uses
An accessory building may be erected for an existing legal non-conforming use,
provided it complies with the provisions of this By-law.
2.
Change of Non-Conforming Use
A non-conforming use may not be changed to another use unless it is to a
permitted use in the zone in which it is located. Pursuant to the provisions of the
Planning Act and the Official Plan of Tay Valley Township, a non-conforming use
may only be changed to another non-conforming use with the permission of the
Committee of Adjustment.
3.
Repair, Restoration and Reconstruction of Non-Conforming Uses or Non-
Complying Uses, Buildings or Structures
1. A legal non-conforming use or non-complying use, building or structure may
be repaired or restored provided that:
Such repair, or restoration does not increase the height, size, volume or
extent of non-conformity or non-compliance of the use, building or
structure, except as required to comply with the requirements of the
Ontario Building Code or to floodproof a building located in a flood plain.
2. A legal non-conforming use or a non-complying use, building or structure
may be reconstructed provided that:
A demolition permit establishing the original footprint must be obtained
prior to demolition and a building permit must be obtained prior to
reconstruction;
Such reconstruction does not increase the height, size, volume or extent of
non-conformity or non-compliance of the use, building or structure
beyond that existing prior to the demolition, except as required to comply
with the requirements of the Ontario Building Code or to flood proof a
building located in a floodplain.
25
If no building permit is obtained and no construction is undertaken within
two years of demolition, then the owner shall be deemed to have
abandoned his/her legal non-conforming or legal non-complying use.
4.
Replacement of Non-Complying Sewage Disposal Systems
Notwithstanding any provision of this By-law to the contrary, a sewage disposal
system which was legally constructed under the regulations governing sewage
disposal systems that were in force and effect at the time of such construction but
that is non-complying with respect to the water setback provisions, may be
replaced in accordance with the following:
The minimum water setback of the replacement sewage disposal system
shall be 30m or as shown on a site plan approved by the Township
pursuant to Section 41 of the Planning Act, whichever is lesser.
Notwithstanding the above, no site plan is required in the case where the
existing legally constructed sewage disposal system is less than 30m from
the water and is to be replaced by an approved tertiary septic system, then
the replacement tertiary sewage system shall be setback as close to 30m as
is physically possible but in no case shall the setback be less than the
setback of the former system and a minimum 15m setback from the water
shall be maintained.
5.
Enlargements of Non-Conforming Uses
A non-conforming use may not be enlarged or extended, except with the
permission of the Committee of Adjustment for the Township, pursuant to the
provisions of the Planning Act and the Official Plan of Tay Valley Township.
6.
Enlargements of Non-Complying Uses, Buildings or Structures
A non-complying use, building or structure may not be enlarged, except in
accordance with the following:
The enlargement or addition is constructed as a vertical enlargement (ie.
additional storey) to the existing non-complying building or structure so
that the extent of any existing non-compliance with respect to all yard,
street setback and water setback provisions is not increased and, further,
so that no portion of the vertical enlargement has a water setback of less
than 15 m; or
The enlargement or addition is constructed as a horizontal enlargement to
the existing non-complying building or structure in a manner so that the
enlargement or addition complies with all yard, street setback and water
setback provisions;
Provided that in either case all other applicable provisions of this By-law are
complied with for the enlarged building or structure.
3.13
Occupancy Restrictions
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None of the following shall be used as a dwelling or for the purposes of human
habitation:
1.
Any truck, bus, coach, railway or streetcar body;
2.
Any marine facility or building or structure accessory to a residential use, other
than a sleeping cabin;
3.
Any recreational vehicle, travel trailer or tent trailer, except in a tourist
campground or as a temporary use in accordance with Section 3.24 of this By-
law.
3.14
Open Storage
Open storage shall be permitted as an accessory use to a permitted use within any zone
other than a Residential zone, provided that:
1.
No part of an open storage area shall be located within a minimum yard or water
setback required by this By-law;
2.
Open storage shall not occupy any driveway or parking or loading area required
by this By-law;
3.
Where open storage is situated less than 30 m from a street or a dwelling on
another lot, a continuous buffer strip consisting of a berm, fence or landscaping
having a minimum combined height of 1.5 m shall be provided so as to screen the
open storage area from the street or dwelling. Such buffer strip shall be broken
only by a driveway or walkway from the street.
3.15
Parking Requirements
1.
Number of Parking Spaces Required
In any zone, the owner or occupant of any lot or building or structure erected,
enlarged or changed in use after the passing of this By-law, shall provide off-
street parking in accordance with the following:
Type of Use
Number of Parking Spaces Required
One and two-unit dwellings
2 parking spaces per dwelling unit, provided
that 1 of the 2 required spaces may be in
tandem
Dwellings of three units or more
1 parking space per dwelling unit
Mobile home park or campground
1 parking space per site
Group home
1 parking space in addition to the applicable
dwelling requirement
Residential Care Home
1 parking space, plus 1 parking space per 4
27
rooming units
Home-based business
1 parking space in addition to the applicable
dwelling requirement
Bed and breakfast
1 parking space per guest room in addition
to the applicable dwelling requirement
Tourist Lodging Establishment
1 parking space per guest room or cabin plus
1 parking space per 20m2 of floor area
devoted to dining or meeting uses
Restaurant, banquet hall
1 parking space per 12 m2 of floor area
Place of worship or assembly
1 parking space per 12 m2 of floor area
devoted to public assembly
Recreational use
1 parking space per 4 persons design
capacity or 1 parking space per 20 m2 of
floor area, whichever is greater
Retail store, personal service,
1 parking space per 20 m2 of floor area
merchandise service outlet
Clinic
1 parking space per 20 m2 of floor area
Marina
1 parking space per boat slip or 1 parking
space per 20 m² of floor area, whichever is
greater
Commercial use not defined
1 parking space per 20 m2 of floor area
Professional or business office
1 parking space per 25 m2 of floor area
School - elementary
1.5 parking spaces per classroom
School - secondary
4 parking spaces per classroom
Institutional or public use
1 parking space per 40 m2 of floor area
Industrial, warehouse or storage use 1 parking space per 70 m2 of floor area
2.
More than One Use on a Lot
Where a building or lot accommodates more than one use, the number of parking
spaces required shall be the sum of the requirements for each of the uses.
3.
Parking Space Size and Access
Each parking space shall have minimum dimensions of 2.75 m by 6 m, except that
a parking space for the physically-disabled shall have minimum dimensions of 3.7
28
m by 6 m. A parking space shall have unobstructed access, except where tandem
parking is specifically permitted by this By-law.
4.
Parking for the Physically-Disabled
Where a required parking area contains 10 or more parking spaces, reserved
parking spaces for the physically-disabled shall be provided at the rate of 1
parking space for the physically-disabled per 30 required parking spaces or
fraction thereof, subject to the provision of a minimum of 1 parking space for the
physically-disabled.
5.
Driveway Access to Parking Areas
The maximum width of any driveway shall be 9.0 m. Driveways designated for
two-way traffic shall have a minimum width of 6 m. One-way driveways and
driveways serving only one dwelling unit shall have a minimum width of 3.0 m.
For portions of a driveway that directly abut a parking space, the minimum
driveway width shall be as follows:
Angle of Parking Space to Driveway
Minimum Driveway Width
0 degrees
3 m
30 degrees
3.4 m
45 degrees
3.7 m
60 degrees
5.4 m
90 degrees
6 m
Parking Area Surface
A parking area shall be maintained with a stable surface such as concrete, asphalt
or crushed stone.
6.
Parking Area Location
Required parking for any residential use or Residential zone shall be provided on
the same lot as the dwelling unit.
Required parking for non-residential uses shall be provided within 150 m of the
building that it is intended to serve and no part of any parking area shall be
permitted on lands not zoned for the use with which the parking is associated.
Where required parking is not provided on the same lot, the lot where the parking
is located shall be under the same ownership and shall be retained for the duration
of the use.
7.
Parking Requirements for Additions to Existing Buildings
Where an existing building or structure has insufficient parking spaces to comply
with the provisions of this By-law, this By-law shall not be interpreted to require
that the deficiency be made up prior to the construction of any addition, provided
that no addition may be built and no change of use may occur within the existing
building or structure, the effect of which would be to increase the extent of such
29
deficiency.
3.16
Pits, Quarries, Wayside Pits, Wayside Quarries and Portable Asphalt Plants
No pit, quarry, wayside pit, wayside quarry or portable asphalt plant shall be permitted
except in a zone where such uses are specifically listed as permitted.
3.17
Public Uses
Any land may be used and any building or structure erected or used for the purpose of a
public use as defined in this By-law, provided that:
Lot coverage, setback and yard requirements of the zone in which such land,
building or structure is located shall be complied with, except in the case of
towers, poles, lines and transmission facilities for natural gas, electricity, cable,
water, storm and sanitary sewage and wired and wireless communications.
Any building or structure erected or used shall be designed, maintained and used
in a manner compatible with the buildings and structures permitted in the zone in
which it is located.
3.18
Residential Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new dwelling shall be located
minimum distances from certain zones or land uses on other lots as follows:
From a Class "B" Pit with no excavation below the water table
150 m
From any other Pit
300 m
From a Quarry
500 m
From land zoned Salvage Yard Industrial
300 m
From land zoned Disposal Industrial
500 m
From Livestock Facilities as per the Minimum Distance Separation I (MDS I)
formula, as issued by the Ontario Ministry of Agriculture and Food, except that
MDS I shall not apply to a new dwelling to be located on a lot of less than 1 ha in
area
3.19
Second Dwelling Unit and Second Dwelling
Notwithstanding any provision of this By-law to the contrary, where a single dwelling, a
semi-detached dwelling or townhouse dwelling is permitted as a principal use in a zone, a
second dwelling unit or a second dwelling, as herein defined, but not both, are permitted
on the same lot in accordance with the following provisions:
1.
General
The second dwelling unit or second dwelling shall comply with the provisions
of the Building Code Act.
The second dwelling unit or second dwelling shall be connected to the same
water supply and sewage disposal systems as the principal dwelling.
30
Prior to obtaining a building permit for a second dwelling unit or a second
dwelling, the applicant shall obtain a septic system approval.
The maximum floor area of the second dwelling unit or second dwelling shall
not exceed 50% of the floor area of the principal dwelling, to a maximum of
80m2 in the Residential and Limited Services Residential Zones and 95m2 in
the Rural and Agricultural Zones.
The second dwelling unit or second dwelling shall share the driveway
entrance to the lot with the principal dwelling.
A minimum of one parking space shall be provided for the second dwelling
unit or second dwelling, in addition to the minimum parking requirements for
the principal dwelling.
The second dwelling unit or second dwelling shall be included in the
calculation of lot coverage.
Prior to obtaining a building permit for a second dwelling unit or second dwelling,
the applicant shall demonstrate to the satisfaction of the Township, that there is
adequate access for Emergency Services provided by private roads in accordance
with the Township policy for assumption of private roads.
2.
Additional Provisions for Second Dwelling Unit
The second dwelling unit shall not occupy the whole of a storey.
The second dwelling unit shall share two of the following with the principal
dwelling:
building entrance
parking area
outdoor amenity space
No enlargement or extension to the principal dwelling shall be permitted unless
the enlargement or extension conforms to all other applicable provisions of this
By-law.
3.
Additional Provisions for Second Dwelling
An existing accessory building may be partially or fully converted to a second
dwelling, except that no habitable room window shall face an interior side lot
line or a rear lot line unless the existing accessory building conforms to the
minimum side lot line setback and rear lot line setback as is required for the
principal dwelling, as the case may be.
A new accessory building may be constructed as a second dwelling provided
that it conforms to all applicable provisions for the principal dwelling.
The maximum permitted height of a new second dwelling shall be 5m.
31
A new accessory building which is constructed as a second dwelling shall be
separated by less than 12m from the principal dwelling.
3.20
Setbacks from Environmental Protection (EP) Zones
Notwithstanding any other provisions of this By-law, the minimum setback of any
building or structure from lands zoned Environmental Protection shall be as follows:
In the case where the Environmental Protection zone has been assigned on the
basis of a Wetland, the setback shall be 120 m;
In the case where the Environmental Protection zone has been assigned on the
basis of an Area of Natural or Scientific Interest (ANSI), the setback shall be 50
m in the case of an Earth Science ANSI and 120m in the case of a Life Science
ANSI;
Provided that in either case the setback may be reduced to a lesser setback in accordance
with the recommendations of an Environmental Impact Study undertaken to the
satisfaction of the Township.
3.21
Sewage Disposal Systems and the Applicability of this By-law
Except in relation to water setbacks, sewage disposal systems shall not be subject to the
provisions of this By-law.
3.22
Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area defined as
a sight triangle, the following uses shall be prohibited:
A building, structure or use which would obstruct the visions of motorists;
A fence or any vegetation of a height which is more than 1 m above the elevation
of the centrelines of abutting streets;
A parking area.
3.23 Shoreline Area Occupancy
Notwithstanding any provisions of this By-law to the contrary, on any lot abutting a
water body and used for purposes other than a marina, a maximum of 25% or 15 m of the
shoreline area, whichever is lesser, may be occupied by marine facilities, pump houses,
stairs, decks, patios, gazebos and all other accessory buildings and structures. For the
purposes of this section, the shoreline area shall include that portion of the lot lying
within 3 m of the shoreline.
3.24
Source Water Protection
The Intake Protection Zones, IPZ-9 and IPZ-8, as shown on Schedule A-1 are overlay
zones. Notwithstanding any provisions of the underlying zones to the contrary, the
32
following additional provisions shall apply.
1.
General
All development applications and all building permit applications for land uses
within the IPZ-9 and IPZ-8 overlay zones, as shown on Schedule A-1, other than
for single dwellings, semi-detached dwellings and duplex dwellings, shall be
reviewed by the Risk Management Official and may require a risk management
plan prepared to the satisfaction of the Township.
2.
IPZ-9 Overlay Zone
In the IPZ-9 overlay zone, the following are prohibited uses and activities:
waste disposal site, including land application of hauled sewage
sewage treatment plant, including activities such as effluent discharge from a
sewage treatment plant or industrial use, discharge from a combined sewer or
sewage treatment plant by-pass and storage of sewage
salt storage
snow dump
storage and handling of pesticides
3.
IPZ-8 Overlay Zone
In the IPZ-8 overlay zone, the following are prohibited uses and activities:
waste disposal site, including land application of hauled sewage
sewage treatment plant, including activities such as effluent discharge from a
sewage treatment plant or industrial use, discharge from a combined sewer or
sewage treatment plant by-pass, and storage of sewage
3.25
Street Setbacks
The following setbacks shall be required:
County Streets
13 m from the centre line of the street plus the minimum
required front yard for the appropriate zone
Township Streets
10 m from the centre line of the street plus the minimum
required front yard for the appropriate zone
3.26
Temporary Uses
The following shall be permitted in any zone, except Environmental Protection (EP) and
Flood Plain (FP) zones:
Construction facilities such as sheds, scaffolds and other structures incidental to
the construction on the premises for so long as the work is in progress;
A temporary real estate sales and/rental office;
33
A travel trailer, tent trailer or recreational vehicle occupied on a temporary basis
during the course of construction of a dwelling on the same lot, provided that:
Temporary connection to an approved on-site sewage disposal system is
provided;
A building permit for a dwelling has been issued and remains in force;
The trailer or vehicle is located in accordance with the required yards and
water setbacks applicable to a dwelling;
In no event shall the trailer or vehicle be located on the lot for a period
exceeding two years from the date of issuance of the building permit.
3.27
Through Lots
On a through lot, the minimum front yard requirement shall apply to each yard abutting a
street.
3.28
Tiny House
Notwithstanding any other provisions of this By-law to the contrary, a tiny house
dwelling, as herein defined, is permitted as a single dwelling in all zones where a
residential use is a permitted principal use, provided that the applicant shall obtain a
sewage system approval and that the tiny house dwelling meets all of the zone standards
of the applicable zone.
Where the tiny house dwelling is located on a lot, no accessory buildings or structures
shall exceed 10 m2, except for a detached garage.
3.29
Water Setbacks
Except as otherwise permitted this By-law, the minimum water setback shall be 30 m for
all buildings and structures, including all sewage disposal systems but excluding the
following:
Decks and gazebos which are unattached to a main building and which have a
combined floor surface area of less than 14 m²;
Marinas, pump houses, marine facilities and stairs.
3.30
Yard and Water Setback Encroachments
Notwithstanding the yard and setback provisions of this By-law, the following
encroachments are permitted:
Sills, belt courses, chimneys, cornices, eaves, parapets, bay windows and other
ornamental features may project into any existing or minimum required yard or
water setback by not more than 0.6 m, provided that in no case shall they be
located closer than 1 m to any lot line;
Where an existing or new building is compliant with the required water setback,
an attached unenclosed porch, open and unroofed porch, deck, balcony, exterior
stairs and landing may project from the main building into any minimum required
34
yard or water setback by not more than 3m.
An attached unenclosed porch, open and unroofed porch, deck, balcony, exterior
stairs or landing may project from the main building into the existing water
setback by a maximum of 2m provided:
The water setback of the existing building is equal to or greater than 15m,
The combined horizontal surface area is 28m2 or less, and
There is no unattached deck or gazebo on the property.
An attached open and unroofed porch, deck, balcony, exterior stairs or landing
(excluding unenclosed porch) may project from the main building into the
existing water setback by a maximum of 1.25m provided:
The water setback of the existing building is equal to or greater than 6m
and
The combined horizontal surface area is 14m2 or less.
Open patios, awnings, clothes poles, flag poles, garden trellises, fences, plant
materials and similar accessory structures shall be permitted in any minimum
required yard or water setback;
Swimming pools shall be permitted in any required yard, but shall not encroach
into the minimum required water setback.
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SECTION 4 - ZONES
4.1
General
For the purposes of this By-law, the land area of the Township is divided into various
generalized and specific zones to which the provisions and regulations herein shall apply.
4.2
Zones and Zone Symbols
Zone Name
Symbol
Residential Zones
General Residential
R
Seasonal Residential
RS
Limited Services Residential
RLS
Mobile Home Park Residential
RMH
Commercial Zones
General Commercial
C
Local Commercial
CL
Tourist Commercial
CT
Industrial Zones
General Industrial
M
Salvage Yard Industrial
MS
Disposal Industrial
MD
Institutional Zones
Institutional
I
Open Space Zones
Open Space
OS
Rural Zones
Rural
RU
Agriculture Zones
Agriculture
A
Mineral Resource Zones
Mineral Aggregate Extraction
EX
Natural Heritage Zones
Environmental Protection
EP
Natural Hazard Zones
Flood Plain
FP
4.3
Boundaries of Zones
36
The location and boundaries of the zones established by this By-law and certain
requirements applicable to such zones are shown on the maps hereto attached as
Schedules A1, A2 and A3. Where any uncertainty as to the boundary of any zone as
shown on the zoning schedules, the following provisions shall apply:
1.
Where a zone boundary is indicated as following and is within the boundary of a
street, lane, railway right-of-way, other right-of-way or watercourse, the boundary
shall be the centre of such street, lane, railway right-of-way, right-of-way or
watercourse.
2.
Where a zone boundary is indicated as approximately following lot lines on a
registered plan of subdivision, deposited reference plan or original Township
survey, the boundary shall follow such lot lines. No amendment to the By-law
shall be required for minor adjustments to zone boundaries shown on Schedules
A1, A2 and A3 where, in the opinion of the Township, such adjustments are
merely for the purpose of more accurately reflecting surveyed information.
3.
Where a zone boundary is indicated as following a shoreline of a watercourse, the
boundary shall follow such shoreline and in the event that the shoreline changes,
the boundary shall be taken as having moved with the shoreline.
4.
Where a zone boundary as indicated follows the 1:100 flood line, the boundary
shall be the 1:100 flood line.
5.
Where any street, lane, right-of-way, railway right-of-way or watercourse as
shown on the schedules is hereby closed or diverted, the object of such closure or
diversion shall be included within the zone of the abutting property on either side
thereof.
6.
Where any zone boundary is left uncertain after the application of clauses (1)
through (5) above, the boundary shall be determined by scale from the original
full size zoning schedules.
7.
Wherever it occurs, the municipal boundary is the limit of the zone adjacent to it.
4.4
Holding Zones
Where a zone symbol is followed by a hyphen and the letter "h", this denotes a holding
zone. Within such zones, only existing uses shall be permitted unless specifically stated
otherwise in the by-law, until the "h" has been removed. The removal of the holding
provision shall require an amendment to the By-law. Such amendment shall only be
passed by Council when any applicable servicing, phasing or financial conditions or
agreements for the lands have been satisfied in accordance with the requirements of the
Official Plan of Tay Valley Township.
4.5
Special Zones
Where a zone symbol is followed by a hyphen and a letter or a number other than "-h",
(for example, "-x" or "-1"), the lands so zoned shall be subject to all the provisions of the
zone represented by such symbol except as otherwise provided by the special provisions
37
of that zone.
4.6
Temporary Zones
Where a temporary zone is established for the purpose of accommodating a temporary
use pursuant to the provisions of the Planning Act, the lands so zoned shall be subject to
all the provisions of the zone, except that a temporary use shall be permitted for a certain
limited period of time. The zone symbol shall be followed by a hyphen, the letter "T"
and a letter or a number other than "-h", (for example, "-Tx" or "-T1").
Temporary zones in force and effect are as follows:
1.
RU-T1 (Part Lot 1, Concession 7, North Burgess)
Notwithstanding the provisions of Section 10.1.1, to the contrary, on the lands
zoned RU-T1, a Garden Suite shall be an additional permitted use from August 8,
2006 until August 8, 2016. Upon expiry of said period, this subsection and the
associated RU-T1 zoning on Schedule 'A2' are repealed.
38
39
SECTION 5 - RESIDENTIAL ZONES
5.1
General Residential (R)
1.
Permitted Uses
single dwelling
bed and breakfast
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lots in Hamlet designation in Official Plan 45 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
6 m
Rear
7.5 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
R-1 (Part Lots 2 & 3, Concessions 1 & 2, South Sherbrooke)
(Plan 23, Sherbrooke Bluffs Sub-Division)
Notwithstanding the provisions of Section 5.1.2 to the contrary, on the
lands zoned R-1, the following provision shall prevail:
Lot Area (minimum)
1.0 ha
40
2.
R-2 (Part Lots 2 & 3, Concessions 1 & 2, South Sherbrooke)
(Plan 23, Sherbrooke Bluffs Sub-Division)
Notwithstanding the provisions of Section 5.1.2 and 3.26 to the contrary,
on the lands zoned R-2, the following provisions shall prevail:
Lot Area (minimum)
1.0 ha
Water Setback (minimum)
40 m
3.
R-3a and R-3b (Part Lots 2 & 3, Concessions 1 & 2, South Sherbrooke)
(Plan 23, Sherbrooke Bluffs Sub-Division)
Notwithstanding the provisions of Section 5.1.2 and 3.26 to the contrary,
on the lands zoned R-3a and R-3b, the following provisions shall prevail:
Lot Area (minimum)
1.0 ha
Water Setback (minimum)
75 m
Further, on the lands zoned R-3b, the following additional provision shall
also prevail:
Northwest side yard (minimum)
30 m
4.
R-4 (Part Lot 10, Concession 10, North Burgess)
By-Law 1990-27, Roll # 911-010-33900
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the
lands zoned R-4, the following additional use shall be permitted:
A multiple dwelling containing a maximum of 12 dwelling units.
5.
R-5 (Part Lot 5, Concession 8, North Burgess)
By-Law 2005-026, Roll # 911-010-27052
Notwithstanding the provisions of Sections 3.26 and 3.27, on the lands
zoned R-5, the following provisions shall prevail:
Water Setback (minimum)
23.0 m
Deck Encroachment into Water Setback (maximum) 3.0 m
6.
R-6 (Part Lot 2, Concession 3, Bathurst)
By-Law 2007-059, Roll # 916-010-12600
Notwithstanding the provisions of Section 3.26, 3.27 and 5.1.2, on the
lands zoned R-6, the following provisions shall prevail:
Lot Frontage (minimum)
46 m
Water Setback - Dwelling (minimum)
29.7 m
Deck Encroachment into Water Setback (maximum) 2.4 m
41
7.
R-7 (Part Lot 6, Concession 3, South Sherbrooke)
By-law 2008-056, Roll # 914-015-44500
Notwithstanding the provisions of Section 5.1.2, on the lands zoned R-7,
the following provisions shall prevail:
Lot Area (minimum)
0.12 ha
Lot Frontage (minimum)
34.6 m
Interior Side Yard - west (minimum)
5.5 m
Front Yard (minimum)
4.6 m
8.
R-8 (Part Lot 13, Concession 6, South Sherbrooke)
By-law 2008-057, Roll # 914-010-01555
Notwithstanding the provisions of Section3.4, on the lands zoned R-8, a
lot may be used and a building or structure may be erected where
driveway access to an improved street is obtained from the unmaintained
municipal road allowance between Concession 6 and 7.
9.
R-9 (Part Lot 13, Concession 9, South Sherbrooke)
By-law 2008-063, Roll # 914-010-36800
Notwithstanding the provisions of Sections 3.15, 5.1.1 and 5.1.2 to the
contrary, on lands zoned R-9, the following provisions shall prevail:
The following uses are permitted:
o Residential Care Home
o Residential Treatment Centre
Parking Requirements:
1 parking space, plus
1 parking space per 4
rooming units
Front Yard (minimum):
4.98 m
In relation to a Residential Treatment Centre use, an opaque
privacy fence shall be provided along the southern property line
and such fence shall have a minimum height of 2.13 metres.
For the purposes of this subsection, a Residential Treatment Centre is
defined as a residence occupied by not more than eight residents,
exclusive of staff, who require 24-hour residential, specialized or group
care for treatment and rehabilitation for addiction to drugs and/or alcohol.
10.
R-10 (Part Lot 13, Concession 6, South Sherbrooke)
By-Law 2010-002, Roll # 0911-914-010-01549
Notwithstanding the provisions of Section 3.4, on the lands zoned R-10,
the following provisions shall prevail:
Lot 49 PL 21 - Maberly Pines Subdivision shall be exempt from
the requirement for frontage on an improved road as the Township is
satisfied that suitable arrangements have been made for dependable
42
access to the property from County Rd 36 across the 0.3m reserve.
11.
R-11 (Part Lot 13, Concession 6, South Sherbrooke)
By-law 2011-061, Roll # 0911-914-010-01501
Notwithstanding the provisions of section 5.11, on the lands zoned R-11,
the following additional use shall be permitted:
A personal observatory
12.
R-12 (Lots 1 and 2, Concession 5 Part Lot 7, North Burgess)
By-law 2012-049
Notwithstanding the provisions of Sections 3.26 and 5.1.2, on the lands
zoned R-12, the following provisions shall prevail:
Water Setback (minimum)
40 m
Lot Frontage (minimum)
45 m
13.
R-13 (Lot 3, Concession 5 Part Lot 7, North Burgess)
By-law No. 2012-049
Notwithstanding the provisions of Sections 3.26 and 5.1.2, on the lands
zoned R-13, the following provisions shall prevail:
Water Setback (minimum)
40 m
Lot Frontage (minimum)
45 m
Dwelling Unit Area (minimum)
66.9 m2
14.
R-14 (Lot 4, Concession 5 Part Lot 7, North Burgess)
By-law No. 2012-049
Notwithstanding the provisions of Sections 3.26 and 5.1.2, on the lands
zoned R-14, the following provisions shall prevail:
Water Setback (existing swimming pool, maximum)5m
Lot Frontage (minimum)
45 m
15.
R-15 (Lots 5 and 6, Concession 5 Part Lot 7, North Burgess)
By-law No. 2012-049
Notwithstanding the provisions of Section 5.1.2, on the lands zoned R-15,
the following provisions shall prevail:
Lot Frontage (minimum)
45m
16.
R-16 (Subdivision Lots 1, 2, 3, 12, 14, 15, Concession 2 Part East Half
Lot 20, Part Lot 21, Part Northeast Half and West Half Lot 22, Part of
Closed Road Allowance between Lots 20, 21, and Parts of Lots 31,32 R-
Plan 97 Bathurst)
43
By-Law 2013-019 and 2015-045, Roll # 916-015-12634, -12635, -12636, -
12645, -12647, -12648 (respectively Plan 27M70 Lots 1,2,3,12,14,15)
Notwithstanding the provisions of Section 5.1.2 on the lands zoned R-16,
the following provisions shall prevail:
Lot Frontage (minimum)
45m
17.
R-17 (Subdivision Lot 16, Concession 2 Part East Half Lot 20, Part Lot
21, Part Northeast Half and West Half Lot 22, Part of Closed Road
Allowance between Lots 20, 21, and Parts of Lots 31,32 R-Plan 97
Bathurst)
By-Law 2013-019 and 2015-045, Roll # 916-015-12649 (Plan 27M70 Lot
16)
Notwithstanding the provisions of Section 5.1.2 on the lands zoned R-17,
the following provisions shall prevail:
Lot Frontage (minimum)
45m
Rear Yard Setback (minimum)
20m
18.
R-18 (Subdivision Lot 17, Concession 2 Part East Half Lot 20, Part Lot
21, Part Northeast Half and West Half Lot 22, Part of Closed Road
Allowance between Lots 20, 21, and Parts of Lots 31,32 R-Plan 97
Bathurst)
By-Law 2013-019 and 2015-045, Roll # 916-015-12650 (Plan 27M70 Lot
17)
Notwithstanding the provisions of Section 5.1.2 on the lands zoned R-18,
the following provisions shall prevail:
Interior Side Yard Setback from Wetland (minimum) 20m
19.
R-19 (Subdivision Lot 18, Concession 2 Part East Half Lot 20, Part Lot
21, Part Northeast Half and West Half Lot 22, Part of Closed Road
Allowance between Lots 20, 21, and Parts of Lots 31,32 R-Plan 97
Bathurst)
By-Law 2013-019 and 2015-045, Roll # 916-015-12651 (Plan 27M70 Lot
18)
Notwithstanding the provisions of 5.1.2 on the lands zoned R-19, the
following provisions shall prevail:
Rear Yard Setback (minimum)
20m
20.
R-20 (Subdivision Lots 19, 20, 21, 22 Concession 2 Part East Half Lot 20,
Part Lot 21, Part Northeast Half and West Half Lot 22, Part of Closed
Road Allowance between Lots 20, 21, and Parts of Lots 31,32 R-Plan 97
Bathurst) By-Law 2013-019 and 2015-045, Roll # 916-015-12652, -12653,
-12654, -12655 (respectively Plan 27M70 Lots 19,20,21,22)
44
Notwithstanding the provisions of Section 5.1.2 on the lands zoned R-20,
the following provisions shall prevail:
Rear Yard Setback (minimum)
40m
21.
R-21 (Part Lot 27, Concession 3, Bathurst)
By-Law 2011-039, Roll # 0911-916-015-43810
Notwithstanding the provisions of section 5.1.1, on the lands zoned R-21,
the following minimum standards shall apply:
The lot may be used for a semi-detached dwelling.
Notwithstanding the provisions of section 5.1.2, on the lands zoned R-21,
the following minimum standards shall apply:
Minimum Distance from Glen Tay Transportation
70m
22.
R-22 (Part Lot 21, Concession 2, Bathurst)
By-Law 2012-024 and 2017-012, Roll# 916-015-09839
Notwithstanding the provisions of sections 5.1, on the lands zoned R-22,
the following additional use shall be permitted:
A Duplex
23.
R-23 (Part Lot 14, Concession 8, South Sherbrooke)
By-Law 2017-006, Roll# 914-010-21400
Notwithstanding the provisions of Section 5.1.2, on the lands zoned R-23,
the following provisions shall prevail:
Lot size (minimum)
1214m2
Road frontage (minimum)
37m
45
5.2
Seasonal Residential (RS)
1.
Permitted Uses: Seasonal dwelling
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lot with frontage on Adams Lake
91 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
6 m
Rear
7.5 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
10%
Floor Space Index (maximum)
12%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
RS-1 (Part Lot 16, Concession 2, South Sherbrooke)
By-Law 1998-43
Notwithstanding the provisions of Section 5.2.1 to the contrary, on the
lands zoned RS-1, a bed and breakfast shall be an additional permitted use,
provided that its annual period of operation shall be restricted to May to
October, inclusive.
2.
RS-2 (Part Lots 3 and 4, Concession 7, North Burgess)
By-Law 2003-018, Roll # 911-025-38400
Notwithstanding the provisions of Sections 5.2.2, 3.26 and 3.27 to the
contrary, the following provisions shall prevail:
Lot Area (minimum)
0.39 ha
Water Setback (minimum)
- for addition to existing dwelling
15.8 m
Permitted encroachment into Water Setback
2.0 m from main
wall (maximum for a deck, stairs and porch)
of existing dwelling
46
3.
RS-3 (Part Lot 11, Concession 4, South Sherbrooke)
By-Law 1992-26 (updated in general revisions in 2017),
Roll # 914-015-58001
Notwithstanding the provisions of Sections 3.26 and 3.27 to the contrary,
the following provisions shall prevail:
Water Setback (minimum)
- existing dwelling
9 m
- new accessory building
18 m
47
5.3
Limited Services Residential (RLS)
1.
Permitted Uses
single dwelling
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lot with frontage on Adams Lake
91 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
6 m
Rear
7.5 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
10%
Floor Space Index (maximum)
12%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
RLS-1 (Part Lots 18 & 19, Concession 3, North Burgess)
By-Law 1999-35, Roll # 091191102019205 and 091191102019500
Replaced by By-Law 2016-051, Roll #091191102019500 only
Notwithstanding the provisions of Section 5.3.1 to the contrary, on the
lands zoned RLS-1, the following provision shall prevail:
Permitted uses and the number of dwellings shall include a
maximum of 8 dwelling units, comprised of a multiple dwelling
containing a maximum of 6 units and 2 single dwellings accessory
to the multiple dwelling
48
2.
RLS-2 (Part Lot 1, Concession 1, South Sherbrooke)
By-Law 2002-98, Roll # 914-015-01110
Notwithstanding the provisions of Section 3.26 to the contrary, on the
lands zoned RLS-2, the following provision shall prevail:
Water Setback (minimum)
40 m
3.
RLS-3 (Part Lot 2, Concession 8, North Burgess)
By-Law 2002-059, Roll # 911-010-22200
Notwithstanding the provisions of Section 3.26 to the contrary, on the
lands zoned RLS-3, the following provision shall prevail:
Water Setback (minimum)
22 m
4.
RLS-4 (Part Lots 5, 6 and 7, Concessions 9 and 10, Bathurst)
By-Law 2002-66 (Special Districts 51 and 52 created by this by-law
became RLS-4 in 2002-121), multiple roll numbers
Notwithstanding the provisions of Section 5.3.2 and 3.26 to the contrary,
on the lands zoned RLS-4, the following provisions shall prevail:
Lot Frontage and Lot Area (minimums)
PIN 765, 2021, 2029, 2036, 2046, 2050, 2056, 2083 as per Plan
27R-8077
PIN 729, 725, 641, 646, 648, 237 as per Plan 27R-8081
PIN 2116, 2123, 2146, 2159 as per Plan 27R-8083
PIN 813, 811, 802, 926 as per Plan 27R-8082
PIN 2488 as per Plan 27R-8076
Water Setback (minimum)
The 154.0 m geodetic
elevation or 30 m from the high water mark, whichever is
greater.
5.
RLS-5 (Part Lot 10, Concession 2, South Sherbrooke)
By-Law 2002-51, Roll # 914-015-36024
Notwithstanding the provisions of Section 3.26 to the contrary, on the
lands zoned RLS-5, the following provision shall prevail:
Water Setback (minimum)
45 m
6.
RLS-6 (Part Lot 24, Concession 8, North Burgess)
By-Law 2003-020, Roll # 911-015-37600
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
6, the following provision shall prevail:
Lot Area (minimum)
0.34 ha
7.
RLS-7 (reserved)
49
8.
RLS-8 (Part Lot 16, Concession 6, North Burgess)
By-Law 2003-032, Roll # 911-020-40002
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
8, the following provision shall prevail:
Water Setback (minimum)
50 m
9.
RLS-9 (Part Lot 24, Concession 8, North Burgess)
By-Law 2003-043, Roll # 911-015-37200
Notwithstanding the provisions of Section 3.26 and 5.3.2, on the lands
zoned RLS-9, the following provisions shall prevail:
Water Setback (minimum - existing dwelling only) 15.5 m
Lot area (minimum)
0.33 ha
10.
RLS-10 (Part Lot 25, Concession 3, North Burgess)
By-Law 2003-046, Roll # 911-020-22007
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
10, the following provision shall prevail:
Lot Frontage (minimum)
51.6 m
11.
RLS-11 (Part Lots 5 & 6 and Part of the Road Allowance between
Lots 5 & 6, Concession 10, Bathurst)
By-law 2003-075, Roll # 916-030-06410
Notwithstanding the provisions of Section 3.26 and 3.27, on the lands
zoned RLS-11, the following provision shall prevail:
Water Setback (minimum)
14.3 m
Deck encroachment permitted into
Water Setback
1.9 m
12.
RLS-12 (Part Lot 7, Concession 8, South Sherbrooke)
By-Law 2003-072, Roll # 914-010-13807
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
12, the following provision shall prevail:
Lot Area (minimum)
0.29 ha
Lot Frontage (minimum)
33 m
Dwelling Unit Area (minimum)
66 m2
50
13.
RLS-13 (Part Lot 26, Concession 3, North Burgess)
By-Law 2003-086, Roll # 911-020-07003
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-13, the following provisions shall prevail:
Lot Frontage (minimum)
51.5 m
Water Setback (minimum for
existing dwelling)
26 m
Deck Encroachment (maximum for existing deck) 6.7 m
14.
RLS-14 (Part Lot 3, Concession 5, North Burgess)
By-Law 2003-096, Roll # 911-025-07104 and 911-025-07150
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
14, the following provision shall prevail:
Water Setback (minimum)
40 m
15.
RLS-15 (Part Lot 25, Concession 3, Part of the road allowance (now
closed) between Concessions 2 & 3, North Burgess)
By-Law 2003-092, Roll # 911-020-22006
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
15, the following provision shall prevail:
Lot Frontage (minimum)
51.6 m
16.
RLS-16 (Part Lots 17 & 18, Concession 6, North Burgess)
By-Law 2003-095, Roll # 911-020-43701
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
16, the following provision shall prevail:
Lot Area (minimum)
0.30 ha
Lot Frontage (minimum)
40.4 m
17.
RLS-17 (Part Lot 3, Concession 5, North Burgess)
By-Law 2003-096, Roll # 911-025-07120
Notwithstanding the provisions of Sections 5.3.1 and 3.26, on the lands
zoned RLS-17, the following provisions shall prevail:
Permitted uses shall include an existing semi-detached dwelling
Water Setback (minimum)
40 m
18.
RLS-18 (Part Lot 18, Concession 6, North Burgess)
By-Law 2003-100, Roll # 911-020-45000
51
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
18, the following provisions shall prevail:
Lot Area (minimum)
0.23 ha
Lot Frontage (minimum)
59 m
19.
RLS-19 (Part Lot 6, Concession 3, South Sherbrooke)
By-Law 2004-003, Roll # 91401546201
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
19, the following provision shall prevail:
Lot Frontage (minimum)
32 m
20.
RLS-20 (Part Lot 3, Concession 7, North Burgess)
By-Law 2004-014, Roll # 911-025-36500
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-20, the following provisions shall prevail:
Lot Area (minimum)
0.18 ha
Lot Frontage (minimum)
43.0 m
Water Setback (minimum)
20.4 m
21.
RLS-21 (Part Lot 19, Concession 3, & Part of the Road Allowance
between Concessions 2 & 3, North Burgess)
By-Law 2004-013, Roll # 911-020-19204
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
21, the following provision shall prevail:
East Interior Side Yard (minimum)
30 m
22.
RLS-22 (Part Lot 26, Concession 2, North Burgess)
By-Law 2004-021, Roll # 911-020-06802
Notwithstanding the provisions of Section 3.27, on the lands zoned RLS-
22, the following provisions shall prevail:
Deck Encroachment (maximum for existing deck) 3.7 m
23.
RLS-23 (Part Lot 5, Concession 6, North Burgess)
By-Law 2004-065, Roll # 91102531100; also By-Law 2005-056 removed
addition and deck setbacks
Notwithstanding the provisions of Sections 3.26 , 3.27 and 5.3.2 , on the
lands zoned RLS-23, the following provisions shall prevail:
Lot Area (minimum)
0.29 ha
Lot Frontage (minimum)
59 m
52
Water Setback (minimum)
existing building
12.5 m
proposed addition
16.3 m
Deck Encroachment into Existing Water Setback
deck into existing water setback
2.5 m
24.
RLS-24 (Part Lot 20, Concessions 2 & 3, North Burgess)
By-Law 2004-041, Roll # 911-020-00106
Notwithstanding the provisions of Sections 3.26 and 3.27, on the lands
zoned RLS-24, the following provisions shall prevail:
Water Setback (minimum)
existing building
14.6 m
proposed addition to
existing building
20.9 m
Deck Encroachment into Existing Water Setback
existing deck into existing
water setback
1.8 m
enlargement into proposed
addition setback
2.7 m
25.
RLS-25 (reserved)
26.
RLS-26 (Part Lot 16, Concession 3, North Burgess)
By-Law 2004-060, Roll # 911-020-10838
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-26, the following provisions shall prevail:
Lot Area (minimum)
0.38 ha
Lot Frontage (minimum)
39 m
Water Setback (minimum)
40 m
27.
RLS-27 (Part Lots 9 and 10, Concession 10, South Sherbrooke)
By-Law 2004-078, Roll # 914-010-41200
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-27, the following provisions shall prevail:
Lot Area (minimum)
0.098 ha
Lot Frontage (minimum)
14 m
South Interior Side Yard (minimum)
4.5 m
North Interior Side Yard (minimum)
3.3 m
Floor Space Index (maximum)
12.5 %
Water Setback (minimum)
20.4 m
Deck encroachment into water
2 m
setback (maximum)
28.
RLS-28 (Part Lots 9 and 10, Concession 10, South Sherbrooke)
53
By-Law No. 04-079, Roll # 914-010-42402
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-28, the following provisions shall prevail:
Lot Area (minimum)
0.095 ha
Lot Frontage (minimum)
15.2 m
South Interior Side Yard (minimum for
0.03 m
existing dwelling)
Lot Coverage (maximum)
10.9 %
Water Setback (minimum)
14.0 m
Deck encroachment into existing building
2.4 m
water setback (maximum)
29.
RLS-29 (Part Lot 23, Concession 2 & 3, North Burgess)
By-Law 2004-084, Roll # 911-020-02826
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-29, the following provisions shall prevail:
Lot Frontage (minimum)
52 m
Water Setback (minimum)
Existing Building
16.1m
Proposed Addition
22.3m
Accessory Storage Shed
17.9m
Deck encroachment into water setback (maximum)
Deck into existing building watersetback
3.9m
30.
RLS-30 (Lot 23, Concession 2, North Burgess)
By-Law No. 04-104, Roll # 911-020-00610
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-30, the following provisions shall prevail:
Lot Frontage (minimum)
45 m
Water Setback (minimum)
21.3 m
Deck encroachment into water
1.9 m
setback (maximum)
31.
RLS-31 (Part Lots 11 and 12, Concession 4, South Sherbrooke)
By-Law 2004-100, Roll # 914-020-73103
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
31, the following provisions shall prevail:
Lot Area (minimum)
0.39 ha
32.
RLS-32 (Part Lot 18, Concession 3, North Burgess)
By-Law 2005-022, Roll # 911-020-11600
54
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-32, the following provisions shall prevail:
Lot Area (minimum)
0.36 ha
Water Setback (minimum)
17.17 m
Rear Yard
2.29 m
33.
RLS-33 (Part Lot 20, Concession 3, South Sherbrooke)
By-Law 2004-102, Roll # 914-020-59700
Notwithstanding the provisions of Sections 3.1.7, 3.26 and 5.3.2, on the
lands zoned RLS-33, the following provisions shall prevail:
Lot Area (minimum)
0.32 ha
Water Setback (minimum)
Existing Dwelling
10.6 m
Proposed Garage
21.3 m
34.
RLS-34 (Part Lot 26, Concession 3, North Burgess)
By-Law 2005-040, Roll # 911-020-07010
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-34, the following provisions shall prevail:
Lot Frontage (minimum)
37.9 m
Water Setback (minimum)
25 m
Deck encroachment into
o water setback (maximum)
1.2 m
Water Setback of a Sewage Disposal System (minimum)
from Big Rideau Lake
40 m
o from watercourse on north
portion of lot
19 m
35.
RLS-35 (Part Lot 2, Concession 2, South Sherbrooke)
By-Law2005-24, Roll # 914-015-09650
Notwithstanding the provisions of Sections 3.26, and 3.27, on the lands
zoned RLS-35, the following provisions shall prevail:
Water Setback(minimum)
26 m
Deck Encroachment into water setback (maximum) 3.3 m
36.
RLS-36 (Part Lot 16, Concession 3, North Burgess)
By-Law 2005-029, Roll # 911-020-11302
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
36, the following provisions shall prevail:
Lot Frontage (minimum)
55 m
55
37.
RLS-37 (Part Lot 7, Concession 6, North Burgess)
By-Law 2005-047, Roll 911-010-03300
Notwithstanding the provisions of Sections 5.3.2, on the lands zoned RLS-
37, the following provisions shall prevail:
Lot Frontage (minimum)
30 m
Lot Area (minimum)
0.19 ha
38.
RLS-38 (Part Lot 5, Concession 7, North Burgess)
By-Law 2006-024, Roll # 911-010-07400
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-38, the following provisions shall prevail:
Lot Area (minimum
0.1 ha
Lot Frontage (minimum)
31.7 m
Northwest Interior Side Yard (minimum)
3.9 m
Southeast Interior Side Yard (minimum)
4.5 m
Existing Deck encroachment into Southeast
Interior Side Yard (minimum)
0.9 m
Rear Yard (minimum)
Existing Building
6.1 m
Proposed Addition
2.4 m
Water Setback (minimum)
28.9 m
Encroachment into Water Setback (maximum)
Existing Deck into existing building
water setback (maximum)3.05
Lot Coverage (maximum)
15.0 %
39.
RLS-39 (Part Lot 1, Concession 1, South Sherbrooke)
By-Law 2005-066, Roll # 914-015-03700
Notwithstanding the provisions of Section 3.26 and 5.3.2, on the lands
zoned RLS-39, the following provisions shall prevail:
Lot Area (minimum)
0.36 ha
Lot Frontage (minimum)
35.0 m
Water Setback
Existing Dwelling
3.0 m
Proposed Addition
12.1 m
Interior Side Yard (West) (minimum)
Existing Dwelling
2.4 m
Proposed Addition
2.4 m
40.
RLS-40 (Part Lot 4, Concession 3, South Sherbrooke)
By-Law 2005-065, Roll # 914-015-40501
56
Notwithstanding the provisions of Section 3.26 on the lands zoned RLS-
40, the following provisions shall prevail:
Water Setback -Existing Dwelling (minimum)
19 m
41.
RLS-41 (Part Lots 20 & 21, Concession 3, South Sherbrooke)
By-Law 2005-059, Roll # 914-020-55000
Notwithstanding the provisions of Sections 5.3.2, on the lands zoned RLS-
41, the following provisions shall prevail:
Lot Frontage (minimum)
13.7 m
Existing Interior Side Yard west (minimum)
5.8 m
42.
RLS-42 (Part Lot 22, Concession 6, North Burgess)
By-Law 2005-075, Roll # 911-020-70000
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-42, the following provisions shall prevail:
Lot Frontage (minimum)
48 m
Water Setback (minimum)
18.9 m
Deck Encroachment (maximum)
3.7 m
43.
RLS-43 (Part Lot 20, Concession 9, North Burgess)
By-Law 2005-083, Roll # 911-015-63000
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-43, the following provisions shall prevail:
Lot Area (minimum)
0.09 ha
Lot Frontage (minimum)
30.4 m
Water Setback (minimum)
23.1 m
Rear Yard (minimum)
7.3 m
Building Height (maximum)
6.8 m
44.
RLS-44 (Part Lot 4, Concession 6, North Burgess)
By-Law 2005-091, Roll # 911-025-26500
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2 on the
lands zoned RLS-44, the following provisions shall prevail:
Lot Area (minimum)
0.35 ha
Lot Frontage (minimum)
30.7 m
Water Setback Dwelling (minimum)
7 m
Encroachment into south Interior
Side Yard (maximum)
0.5 m
45.
RLS-45 (Part Lot 17, Concession 3, North Burgess)
By-Law 2005-086, Roll # 911-020-16106
57
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2 on the
lands zoned RLS-45, the following provisions shall prevail:
Water Setback (minimum)
Dwelling
16.1 m
Sewage Disposal System
27.5 m
Deck Encroachment into
Water Setback (maximum)
0.3 m
46.
RLS-46 (Part Lot 3, Concession 8, North Burgess)
By-law 2005-093, Roll # 911-010-24400
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-46, the following provisions shall prevail:
Lot Area (minimum)
0.32 ha
Lot Frontage
48 m
Water Setback (minimum)
24.9 m
47.
RLS-47 (Part Lot 9, Concession 10, Bathurst)
By-Law 2006-061, Roll # 916-030-14100
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-47, the following provisions shall prevail:
Lot Area (minimum)
0.29 ha
Water Setback (minimum)
16.0 m
48.
RLS-48 (Part Lot 4, Concession 6, North Burgess)
By-Law 2006-034, Roll # 911-025-27800
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-48, the following provisions shall prevail:
Lot Area (minimum)
0.23 ha
Lot Frontage (minimum)
30.0 m
Water Setback (minimum)
22.2 m
Encroachment into Water Setback (maximum)
2.5 m
49.
RLS-49 (Part Lot 22, Concession 6, North Burgess)
By-Law No. 06-057, Roll # 911-020-67800
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-49, the following provisions shall prevail:
Lot Area (minimum)
0.1 ha
Lot Frontage (minimum)
42 m
Water Setback (minimum)
13.8 m
Rear Yard
6.3 m
58
Encroachment into Water Setback (maximum)
2.0 m
Floor Space Index (maximum)
12.4 %
50.
RLS-50 (Part Lot 20, Concession 6, North Burgess)
By-Law 2006-055, Roll # 911-020-58007
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-50, the following provisions shall prevail:
Lot Area (minimum)
0.26 ha
Lot Frontage (minimum)
49 m
Water Setback (minimum)
22.8 m
51.
RLS-51 (Part Lot 22, Concession 6, North Burgess)
By-Law 2006-074, Roll # 911-020-66000
Notwithstanding the provisions of Sections 3.26 and 3.27, on the lands
zoned RLS-51, the following provisions shall prevail:
Water Setback - Dwelling (minimum)
3.5 m
Deck Encroachment into Water
Setback (maximum)
4.3 m
52.
RLS-52 (Part Lot 2 and 3, Concession 5, North Burgess)
By-Law 2006-077, Roll # 911-025-05300
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
52, the following provision shall prevail:
Lot frontage (minimum)
78.1m
53.
RLS-53 (Part Lot 20, Concession 8, North Burgess)
By-Law 2006-088, Roll # 911-015-22850
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
53, the following provisions shall prevail:
Water Setback (minimum)
Dwelling
29m
Sewage Disposal System
24m
54.
RLS-54 (Part Lot 5 and 6, Concession 6, North Burgess)
By-Law No. 07-043, Roll # 911-025-30200
Notwithstanding the provisions of Section 3.26 and 3.27 on the lands
zoned RLS-54, the following provisions shall prevail:
Water Setback (minimum)
Existing Dwelling and proposed
additions to existing dwelling
10.4m
59
Deck Encroachment into existing
water setback (maximum)
0m
55.
RLS-55 (Part Lot 12, Concession 3, North Burgess)
By-Law 2007-005, Roll # 911-020-09200
Notwithstanding the provisions of Section 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-55, the following provisions shall prevail:
Lot Area (minimum)
0.21 ha
Lot Frontage (minimum)
35 m
Water Setback - Dwelling (minimum)
21.1 m
Stairs Encroachment into Water
Setback (maximum)
1.8 m
56.
RLS-56 (Part Lot 3, Concession 2, South Sherbrooke)
By-Law 2007-030, Roll # 914-015-10300
Notwithstanding the provisions of Section 5.3.2 and 3.26, on the lands
zoned RLS-56, the following provisions shall prevail:
Lot Area (minimum)
0.32 ha
Water Setback - Dwelling (minimum)
21 m
Rear Yard (minimum)
7 m
57.
RLS-57 (Part Lot 21 and 22, Concession 2, South Sherbrooke)
By-Law No. 07-031, Roll # 914-020-36000
Notwithstanding the provisions of Section 5.3.2, 3.26 and 3.27, on the
lands zoned RLS-57, the following provisions shall prevail:
Lot Frontage (minimum)
55 m
Water Setback (minimum)
25 m
Deck Encroachment into Water
Setback (maximum)
2.6 m
58.
RLS-58 (Part Lot 7, Concession 10, Bathurst)
By-Law 2007-042, Roll # 916-030-09500
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-58, the following provisions shall prevail:
Water Setback - Dwelling (minimum)
24.4 m
West Interior Side Yard (minimum)
1.5 m
59.
RLS-59 (Part Lot 11, Concession 6, North Burgess)
By-Law 2007-046, Roll # 911-010-05604
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
59, the following provisions shall prevail:
60
Water Setback - Dwelling (minimum)
26 m
Deck Encroachment into Water Setback
0 m
60.
RLS-60 (Part Lot 19, Concession 3, South Sherbrooke)
By-Law 2007-047, Roll # 914-020-46900
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
60, the following provisions shall prevail:
Lot Frontage (minimum)
43 m
61.
RLS-61 (Part Lot 23, Concession 8, North Burgess)
By-Law 2007-060, Roll # 911-015-32500
Notwithstanding the provisions of Section 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-61, the following provisions shall prevail:
Lot Area (minimum)
0.25 ha
Water Setback - Dwelling (minimum)
South
12.6 m
East
15.6 m
Deck Encroachment into Water Setback (maximum)
Stairs - south
1.4 m
Deck - east
3.0 m
Deck Area - east (maximum)
14 m2
Dwelling Height (maximum)
6.5 m
62.
RLS-62 (Part Lot 17, Concession 6, North Burgess)
By-Law 2007-051, Roll # 911-020-40501
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
62, the following provisions shall prevail:
Lot Frontage (minimum)
48 m
63.
RLS-63 (Part Lot 20, Concession 6, North Burgess)
By-Law 2008-024, Roll # 911-020-48011
Notwithstanding the provisions of Section 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-63, the following provisions shall prevail:
Lot Area (minimum)
0.16 ha
Lot Frontage (minimum)
37.6 m
Water Setback - Dwelling (minimum)
20.28 m
Deck Encroachment (maximum)
0 m
64.
RLS-64 (Part Lot 25, Concession 3, North Burgess)
By-Law 2008-026, Roll # 911-020-22008
61
Notwithstanding any provisions of this by-law to the contrary, on the lands
zoned RLS-64, the following additional provision shall apply:
Special Water Setback from watercourse (minimum)
18 m
65.
RLS-65 (Part Lot 13, Concession 2, South Sherbrooke)
By-Law 2008-052, Roll # 914-020-03904
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
65, the following provisions shall prevail:
Water Setback (minimum)
Existing Dwelling
15.4 m
Proposed Addition
13.2 m
66.
RLS-66 (Part Lot 17, Concession 6, North Burgess)
By-Law 2008-032, Roll # 911-020-42200
Notwithstanding the provisions of Section 3.26 and 3.27, on the lands
zoned RLS-66, the following provisions shall prevail:
Water Setback (minimum)
Existing dwelling
14.4 m
Proposed addition
19.3 m
Deck Encroachment in relation to
Existing Dwelling (max)
1.6 m
Deck Encroachment in relation to Proposed
Addition (maximum)
1.6 m
67.
RLS-67 (Part Lot 18, Concession 6, North Burgess)
By-Law 2008-054, Roll # 911-020-46300
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
67, the following provisions shall prevail:
Lot Area (minimum)
1692 m²
Lot Frontage (minimum)
38.5 m
Interior Side Yard - south (minimum)
5.3 m
68.
RLS-68 (Part Lot 15, Concession 3, North Burgess)
By-Law 2008-046, Roll # 911-020-08007
Notwithstanding the provisions of Section 5.3.2 and 3.27, on the lands
zoned RLS-68, the following provisions shall prevail:
Existing Interior Side Yard - east (minimum)
4.9 m
Water Setback (minimum)
Existing Dwelling
16.8 m
Proposed Addition
26.8 m
Existing Deck Encroachment (maximum)
2.2 m
62
69.
RLS-69 (Part Lot 21, Concession 8, North Burgess)
By-Law 2009-008, Roll # 911-015-25900
Notwithstanding the provisions of Section 5.3.2, 3.26 and 3.27 n the lands
zoned RLS-69, the following provisions shall prevail:
Lot Area (minimum)
0.3 ha
Rear Yard (minimum)
6.5 m
Water Setback (minimum)
16 m
Water Setback of a
Sewage Disposal System (minimum)
19 m
Deck Encroachment into existing
Water setback (maximum)
2.44 m
70.
RLS-70 (Part Lot 7, Concession 8, South Sherbrooke)
By-Law 2008-061, Roll # 914-010-17601
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
70, the following provisions shall prevail:
Lot Area (minimum)
0.14 ha
Lot Frontage
45 m
Water Setback (minimum)
21.3 m
Deck Encroachment (maximum)
2.43 m
71.
RLS-71 (Part Lot 5, Concession 6, North Burgess)
By-Law 2008-066, Roll # 911-025-30700
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
71, the following provisions shall prevail:
Lot Area (minimum)
0.13 ha
Lot Frontage (minimum)
30.5 m
Water Setback (minimum)
20.1 m
72.
RLS-72 (Part Lot 20, Concession 9, North Burgess)
By-Law 2009-014, Roll # 911-015-63500
Notwithstanding the provisions of Sections 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-72, the following provisions shall prevail:
Lot Area (minimum)
0.18 ha
Lot Frontage
53.3 m
Water Setback (minimum)
12.5 m
Deck Encroachment (maximum)
0 m
Rear Yard (minimum)
6.1 m
73.
RLS-73 (Part Lot 10, Concession 2, South Sherbrooke)
By-Law 2008-072, Roll # 914-015-37500
63
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
73, the following provisions shall prevail:
Lot Area (minimum)
0.2 ha
Lot Frontage (minimum)
41 m
74.
RLS-74 - NOT USED
75.
RLS-75 (Part Lot 5, Concession 6, North Burgess )
By-Law 2009-001, Roll # 911-010-00100 and 911-010-00105
In addition to all applicable provisions of this By-law, on the lands zoned
RLS-75, no portion of any main or accessory building shall be located
more than 50m from the southwest interior side lot line.
76.
RLS-76 (Part Lot 5, Concession 7, North Burgess)
By-Law 2009-010, Roll # 911-010-06606
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-76, the following provisions shall prevail:
Lot Area (minimum)
0.4 ha
Water Setback (minimum)
Existing Building
North
12.4 m
East
19.5 m
West
12 m
Existing Deck Encroachment - East
3.6 m
Proposed Addition
North
20 m
East
12.5 m
West
18 m
Sewage Disposal System
14.6 m
77.
RLS -77 (Part Lot 18, Concession 9, North Burgess)
By-Law 2009-012, Roll # 911-015-61000
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-77, the following provisions shall prevail:
Lot Area (minimum)
0.1 ha
Lot Frontage (minimum)
32 m
Water Setback (minimum)
11.6 m
Rear Yard (minimum)
3.9 m
78.
RLS-78 (Part Lots 17 and 18, Concession 3, North Burgess)
By-Law No. 09-042, Roll # 911-020-16700
Notwithstanding the provisions of Sections 3.26 and 3.27, on the lands
64
zoned RLS-78, the following provisions shall prevail:
Water Setback (minimum)
Existing Dwelling
14.1 m
Proposed Addition
21.4 m
Existing Deck Encroachment into existing
Water setback (maximum)
3.1 m
79.
RLS-79 (Pt Lot 17, Concession 9, North Burgess)
By-Law 2009-044, Roll # 911-015-56635
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
79, the following provisions shall prevail:
Water Setback (minimum)
13m
(existing cottage and 13m2 addition)
Deck Encroachment (maximum)
2.4 m
80.
RLS-80 (Part Lot 4, Concession 6, North Burgess)
By-Law 2009-043, Roll # 911-025-28300
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
80, the following provisions shall prevail:
Lot Area (minimum)
0.25 ha
Water Setback (minimum)
15.9 m
Deck Encroachment (maximum)
18m2 deck
8m
3m2 deck
0.6m
Septic Tank setback (minimum)
27m
81.
RLS-81 (Part Lot 11, Concession 6, North Burgess)
By-Law 2009-053, Roll # 911-010-05603
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
81, the following provisions shall prevail:
Lot Area (minimum)
0.30 ha
Frontage
57.3 m
82.
RLS-82 (Part Lot 2, Concession 1, South Sherbrooke)
By-Law 2009-057, Roll # 914-015-02000
Notwithstanding the provisions of Section 3.26, 3.27 and 5.3.2, on the
lands zoned RLS-82, the following provisions shall prevail:
Lot area (minimum)
0.13 ha
Lot frontage (minimum)
39.6 m
Water Setback (minimum)
existing building
5.5 m
proposed addition
12 m
65
North Interior Side Yard setback (minimum)
existing building
1.2 m
proposed addition
5.2 m
Deck encroachment into existing water setback
existing deck into existing water setback
(maximum)
2.4 m
size of existing deck (maximum)
16.4 m2
Water setback of a Sewage Disposal System
(minimum)
20 m
83.
RLS-83 (Part Lot 2&3, Concession 2, Bathurst)
By-Law 2009-062, Roll # 916-010-07610
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
83, the following provisions shall prevail:
Water setback (minimum)
Existing dwelling
29 m
Dwelling area
61.3 m2
84.
RLS-84 (Lot 14 Concession 5, South Sherbrooke)
By-Law 2009-070, Roll # 914-020-81100
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
84, the following provisions shall prevail:
Water setback (minimum)
Dwelling
Southeast side
18.9 m
Northeast side
20.4 m
Unenclosed deck encroachment
2.6 m.
85.
RLS-85 (Lot 25, Concession 3, North Burgess)
By-Law 2010-001, Roll # 911-020-22002
Notwithstanding the provisions of Section 5.3.2 on the lands zoned RLS-
85, the following provisions shall prevail:
Lot frontage (minimum)
47m
86.
RLS-86 (Pt Lot 20 Concession 9, North Burgess)
By-Law 2010-01, Roll # 911-015-63200
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-86, the following provisions shall prevail:
Lot frontage
53.3 m
Lot area
0.22 ha
Water setback (minimum)
Dwelling
19.2 m
Carport
26.2 m
66
Deck encroachment
2.0 m
Floor Space Index
12.7%
87.
RLS-87 (Pt Lot 3 Concession 5, North Burgess)
By-Law 2011-053, Roll # 911-025-07800
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-87, the following provisions shall prevail:
Water setback (minimum)
Dwelling
19m Big Rideau Lake
30.1m Adams Lake
34m Adams Creek
Garage
30.6m Big Rideau Lake
21.3m Adams Lake
28m Adams Creek
88.
RLS-88 (Part Lot 4 Concession 5, South Sherbrooke)
By-Law 2010-054, Roll # 911-025-08003
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-88, the following provisions shall prevail:
Setback from Water (minimum)
Dwelling
40 m
89.
RLS-89 (Part Lot 17 Concession 2, South Sherbrooke)
By-Law 2010-059, Roll # 914-020-13204
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-89, the following provisions shall prevail:
Lot frontage
40 m
Lot area
0.21 ha
Setback from land zoned Disposal Industrial (minimum)
Dwelling
376 m
90.
RLS-90 (Part Lot 7&8, Concession 2, South Sherbrooke )
By-law 2010-061, Roll # 914-015-20106
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
90, the following provisions shall prevail:
Water Setback (minimum) from Dwelling to:
Farren Lake
26 m
Wetland at the rear of the property
26 m
91.
RLS-91 (Part Lot 17, Concession 9, North Burgess)
By-Law 2010-060, Roll # 911-015-56812
67
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
91, the following provisions shall prevail:
Water Setback from Dwelling (minimum)
12 m
Dwelling size
72 m2
92.
RLS-92 (Lot 22, Concession 6, North Burgess)
By-Law 2010-062, Roll # 911-020-68800
Notwithstanding the provisions of Section 5.3.2, on the lands zoned RLS-
92, the following provisions shall prevails:
Lot Area (minimum)
0.13 ha
Lot Frontage (minimum)
30 m
Water Setback (minimum) Dwelling
16.5 m
93.
RLS-93 (Pt Lot 3, Concession 5, North Burgess)
By-Law 2010-072, Roll # 914-020-12500
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-93, the following provisions shall prevail:
Water setback (minimum)
Dwelling from Christie Lake
15.7m
Lot Area
0.4 ha
94.
RLS-94 (Pt Lot 12 Concession 4, South Sherbrooke)
By-Law 2010-073, Roll # 914-020-73702
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-94, the following provisions shall prevail:
Water setback (minimum)
Dwelling from Little Silver Lake
18.2m
Lot Area
0.17 ha
95.
RLS-95 (Part Lot 5, Concession 7, North Burgess)
By-Law 2010-087, Roll # 911-010-09500
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-95, the following provisions shall prevail:
Dwelling area
72 m2
Lot area
0.36 ha
Setback from Water- Otty Lake (minimum)
Dwelling
16.8 m
Setback from Side Yard- East (minimum)
Dwelling
5.2 m
96.
RLS-96 (Part Lot 20, Concession 2& 3, North Burgess )
By-Law 2010-093, Roll #911-020-00105
68
Notwithstanding the provisions of Section 5.3 on the lands zoned RLS-96,
the following provisions shall prevail:
Lot frontage (minimum)
47m
North side yard setback (minimum)
3m
97.
RLS-97 (Part Lot 15 Concession 2, South Sherbrooke)
By-Law 2011-030, Roll # 914-020-07900
Notwithstanding the provisions of Section 5.3 and 3.26 on the lands zoned
RLS-97, the following provisions shall prevail:
Lot frontage (minimum)
42m
Lot area
0.11ha
Side Yard Setback (minimum)
3m
Rear Yard Setback (minimum)
4.5m
Water setback for septic (minimum)
15m
98.
RLS-98 (Part Lot 10 Concession 10, Bathurst)
By-Law 2010-094, Roll # 916-030-13300
Notwithstanding the provisions of Sections 3.27 and 5.3 on the lands
zoned RLS-98, the following provisions shall prevail:
Lot frontage (minimum)
30 m
Lot area
1277 m2
Rear yard setback
4.9 m
Water setback for garage (minimum)
24 m
Lot coverage
14.2 %
99.
RLS-99 (Part Lot 8, Concession 2, South Sherbrooke)
By-Law 2010-092, Roll # 914-015-19000
Notwithstanding the provisions of Section 3.26, 3.27 on the lands zoned
RLS-99, the following provisions shall prevail:
Water setback on east side (minimum)
Septic & Dwelling from Farren Lake
40m
100.
RLS-100 (Part Lot 12 Concession 2, South Sherbrooke)
By-Law 20 11-015, Roll # 914-020-02803
Notwithstanding the provisions of Section 5.3.2 on the lands zoned RLS-
100, the following provisions shall prevail:
Frontage
26 m
Lot Area
0.16 ha
Water Setback (minimum)
Existing Dwelling
18.5 m
Addition
26 m
69
Lot coverage
12 %
101.
RLS-101 (Part Lot 9 Concession 5, North Burgess)
By-Law 2011-028, Roll # 911-025-18900
Notwithstanding the provisions of Section 5.3 on the lands zoned RLS-
101, the following provisions shall prevail:
Side Yard (North) Setback Minimum
3m
102.
RLS-102 (Part Lot 12 Concession 2, South Sherbrooke)
By-Law 2011-029, Roll # 914-020-02801
Notwithstanding the provisions of Section 5.3 on the lands zoned RLS-
102, the following provisions shall prevail:
Rear Yard (North) Setback Minimum
5.5m
103.
RLS-103 (Part Lot 3 Concession 5, North Burgess)
By-Law 2011-037, Roll # 911-025-07002
Notwithstanding the provisions of Section 3.26, on the lands zoned RLS-
103, the following provision shall prevail:
Minimum Water Setback
27m
104.
RLS-104 - NOT USED
105.
RLS-105 (Part Lot 4-5 Concession 5, North Burgess)
By-Law 2011-046, Roll # 911-025-09200
Notwithstanding the provisions of section 3.26, on the lands zoned RLS-1
05, the following provisions shall prevail:
Minimum Water Setback (east side of parcel)
Existing Dwelling
10m
Minimum Water Setback (west side of parcel)
Existing Dwelling
25m
106.
RLS-106 (Part Lot 4-5 Concession 5, North Burgess)
By-Law 2011-043, Roll # 911-025-09220
Notwithstanding the provisions of section 3.26 on the lands zoned RLS-
106, the following provisions shall prevail:
Minimum Water Setback (east side of parcel)
Existing Dwelling
27m
107.
RLS-107 (Part Lot 3 Concession 5, North Burgess)
By-Law 2011-042, Roll # 911-025-07900
70
Notwithstanding the provisions of section 3.26 on the lands zoned RLS-
107, the following provision shall apply:
Water Setback (minimum)
Existing Dwelling
20.77m
108. RLS-108 (Part Lot 19 & 20 Concession 8, North Burgess)
By-Law 2012-006, Roll # 911-015-21000
Notwithstanding the provisions of section 3.26, on the lands zoned RLS-
108, the following provisions shall prevail:
Minimum Water Setback (side yards)
10.7m
109. RLS-109 (Part Lot 18 Concession 6, Burgess)
By-Law No. 2012-010
Notwithstanding the provisions of section 3.26 and 5.3 on the lands zoned
RLS-109, the following provisions shall prevail:
Minimum Water Setback (front yard)
24m
Minimum Frontage
30m
110.
RLS-110 (Part Lot 2 Concession 1, South Sherbrooke)
By-Law 2012-015, Roll # 914-015-01900
Notwithstanding the provisions of sections 5.3 and 3.26 on the lands
zoned RLS-110, the following provisions shall prevail:
Lot Area (Minimum)
0.18ha
Lot Frontage (Minimum)
39.6m
Minimum Water Setback (addition)
13m
111.
RLS-111 (Part Lot 7, Concession 10, Bathurst) By-Law 2012-016, Roll #
916-030-09100
Notwithstanding the provisions of sections 5.3 and 3.26 on the lands
zoned RLS-111, the following provisions shall prevail:
Lot Area (Minimum)
2027m2
Lot Frontage (Minimum)
38m
Minimum Water Setback
15m
112.
RLS-112 (Part Lot 26, Concession 2 & 3, North Burgess) By-Law No.
2012-018
Notwithstanding the provisions of section 5.3 on the lands zoned RLS-
112, the following provisions shall prevail:
71
Lot Frontage (minimum)
47m
113.
RLS-113 (Part Lot 23, Concession 2, North Burgess)
By-Law No. 2012-048, Roll # 911-020-02601
Notwithstanding the provisions of section 5.3 on the lands zoned RLS-
113, the following provisions shall prevail:
Lot Frontage (minimum)
56.46 m
Water Setback (cottage)
15.3 m
Water Setback (deck)
14 m
Deck area
105 m2
114.
RLS-114 (Part Lot 24, Concession 2&3, North Burgess)
By-Law 2012-054, Roll # 911-020-03705
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-114 the following provisions shall prevail:
Water frontage
54.1 m
Water Setback (house)
45 m
Water Setback (septic system)
70 m
115.
RLS-115 (Part Lot 25, Concession 8, North Burgess)
By-Law 2012-057, Roll # 911-015-39500
Notwithstanding the provisions of Section 3.26 and Section 5.2.2 on the
lands zoned RLS-115, the following provisions shall prevail:
Frontage
49 m
Lot Size
1515.5 m2
Side Yard Setback (minimum)
West side
3.7 m
Water setback (minimum)
Dwelling
12m
Addition west side
16m
116.
RLS-116 (Part Lot 9, Concession 5, North Burgess)
By-Law 2013-013, Roll # 911-025-18010
Notwithstanding the provisions of Section 3.26 and Section 5.3.2 on the
lands zoned RLS-116, the following provisions shall prevail:
Water setback (minimum)
40 m
117.
RLS-117 (Part Lot 7, Concession 10, Bathurst)
By-Law 2013-023, Roll # 916-030-10500 (portion at 2492 Burton Rd)
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RLS-117 the following provisions shall prevail:
72
Lot Area (minimum)
1507m2
Frontage (minimum)
40 m
Water Setback - Existing Dwelling
24 m
118. RLS-118 (Lot 24, Concession 8, North Burgess)
By-Law 2013-030, Roll # 911-015-46001
Notwithstanding the provisions of Section 3.26 and Section 5.3.2, on the
lands zoned RLS-118, the following provisions shall prevail:
Water setback (minimum)
Existing Dwelling
18.5 m
Addition to the rear
26 m
119. RLS-119 (Pt Lot 2, Concession 3, Bathurst)
By-Law 2013-031, Roll # 916-010-12500
Notwithstanding the provisions of Section 3.26 and Section 5.3.2 on the
lands zoned RLS-119, the following provisions shall prevail:
Lot Frontage (minimum)
43 m
Water setback (minimum)
Existing Dwelling and addition to the east
24.5 m
120. RLS-120 (Lot 5, Concession 9, Bathurst)
By-Law 2013-039, Roll # 916-020-24703
Notwithstanding the provisions of Section 3.26 and Section 5.3.2 on the
lands zoned RLS-120, the following provisions shall prevail:
Cottage size (minimum)
56m2
Water setback (minimum)
Existing cottage
21 m
Addition
27.3 m
121. RLS-121 (Lots 25,26 Concession 2, North Burgess)
By-Law 2013-040, Roll # 911-020-06800
Notwithstanding the provisions of Section 3.26 and Section 5.3.2 on the
lands zoned RLS-121, the following provisions shall prevail:
Water setback (minimum)
Existing Dwelling
8.8 m
Addition to the rear
17.6 m
122. RLS-122 (Lot 3, Concession 5, North Burgess)
By-Law 2013-041, Roll # 911-025-06000
Notwithstanding the provisions of Section 3.26 and Section 5.3.2 on the
lands zoned RLS-122, the following provisions shall prevail:
73
Lot frontage
30.4 m
Lot area
1597 m2
East side lot setback
5.5 m
West side lot setback
5.3 m
123.
RLS-123 (Part Lot 21, Concession 3 in the South Sherbrooke) By-Law
No. 2013-048
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-123, the following provisions shall prevail:
Lot Area (minimum)
0.2 ha
Lot Frontage (minimum)
32 m
South Side Yard Setback (minimum)
3.5 m
Water Setback - Existing Dwelling
10 m
124.
RLS-124 (Part Lot 6, Concession 2, South Sherbrooke)
By-Law 2013-050, Roll # 914-015-16400
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-124, the following provisions shall prevail:
Lot Frontage minimum
56 m
Water setback minimum
26.2 m
Dwelling size minimum
52 m2
125. RLS-125 (Part Lot 11, Concession 5, North Burgess)
By-Law 2013-044, Roll # 911-025-21708
Notwithstanding the provisions of Section 5.3.2 on the lands zoned RLS-
125, the following provisions shall prevail:
Lot Frontage (minimum)
38 m
126. RLS-126 (Part Lot 19, Concession 8, North Burgess)
By-Law 2013-051, Roll # 911-015-16500
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-126, the following provisions shall prevail:
Lot Area (Minimum)
0.2 ha
Lot Frontage (Minimum)
29.8 m
Water Setback - Existing Dwelling
5 m
127.
RLS-127 (Part Lot 12, Concession 4, South Sherbrooke)
By-Law 2013-053, Roll # 914-020-73800
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-127, the following provisions shall prevail:
74
Water Setback
Existing Cottage (minimum)
South
21 m
East
25 m
Addition (minimum)
South
21 m
East
25 m
128.
RLS-128 (Part Lot 21, Concession 2, North Burgess)
By-Law 2013-049, Roll # 911-020-00210
Notwithstanding the provisions of Section 5.3.2 on the lands zoned RLS-
128, the following provisions shall prevail:
Lot Frontage (minimum)
46 m
129.
RLS-129 (Part Lot 23 & 24, Concession 2 & 3, North Burgess)
By-Law 2013-066, Roll # 911-020-03000
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-129, the following provisions shall prevail:
Water Setback (Lake)
Cottage & Garage (minimum)
40 m
Water Setback (Creek) - Garage (minimum)
20 m
30.
RLS-130 (Part Lot 23, Concession 2 & 3, North Burgess)
By-Law 2014-009, Roll # 911-020-02822
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-130, the following provisions shall prevail:
Lot Area (minimum)
2297 m2
Lot Frontage (minimum)
32 m
Water Setback (Lake) - Cottage (minimum)
28.76 m
Water Setback (Lake ) - Deck (minimum)
25.16 m
Interior Side (West) (minimum)
4.2 m
Interior Side (East) (minimum)
3.3 m
131.
RLS-131 (Part Lot 20 & 21, Concession 3, South Sherbrooke)
By-Law 2014-015 for RLS-131-h, By-Law 2015-014 for RLS-131, By-Law
2015-015 to extend RLS-131 to both original and lot addition, Roll # 914-
020-52500
Notwithstanding the provisions of Section 5.3.2 on the lands zoned RLS-
131, the following provisions shall prevail:
Lot Frontage (minimum)
16 m
132.
RLS-132 (Part Lot 20 & 21 Concession 3 in the South Sherbrooke, the
75
retained land from severance B13/114) By-Law No. 2014-015 for RLS-
132-h, By-Law 2015-014 for RLS-132
Notwithstanding the provisions of 5.3.2 on the lands zoned RLS-132, the
following provisions shall prevail:
Minimum Water Setback (West Side)
40m
133.
RLS-133 (Part Lot 19, Concession 6, North Burgess)
By-Law 2014-019, Roll # 911-020-48019
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-133, the following provisions shall prevail:
Lot Area (minimum)
1810 m2
Lot Frontage (minimum)
28.47 m
Water Setback (Lake) - Cottage (minimum)
17.07 m
Interior Side (East) (minimum)
5.09 m
Septic system (minimum)
22 m
134.
RLS-134 (Part Lot 12, Concession 4, South Sherbrooke)
By-Law 2014-020, Roll # 914-020-73703
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-134, the following provisions shall prevail:
Lot Area (minimum)
1944 m2
Lot Frontage (minimum)
30 m
Water Setback (Lake)
Cottage (minimum)
26 m
Addition (minimum)
30 m
Interior Side (East) (minimum)
3 m
135.
RLS-135 (Part Lot 7, Concession 2, South Sherbrooke)
By-Law 2015-040, Roll # 914-015-20105
Notwithstanding the provisions of Section 3.26 on the lands zoned RLS-
135, the following provisions shall prevail:
Water Setback - cottage to Farren Lake
26m
Water Setback - cottage to creek
15m
Water Setback - septic system to Farren Lake
26m
Water Setback - septic system to creek
30m
136.
RLS-136 (Part Lot 17, Concession 3, North Burgess)
By-Law 2014-032, Roll # 911-020-17500
Notwithstanding the provisions of Section 3.26 on the lands zoned RLS-
136, the following provisions shall prevail:
76
Water Setback (East Side - Existing Cottage)
8m
Water Setback (West Side - Existing Cottage)
9m
Water Setback - Addition
19m
137.
RLS-137 (Part Lot 20, Concession 8, North Burgess)
By-Law 2014-036, Roll # 911-015-22900
Notwithstanding the provisions of Sections 5.3.2 and 3.26, on the lands
zoned RLS-137, the following provisions shall prevail:
Lot Area (minimum)
1775m2
Lot Frontage (minimum)
32.3m
Water Setback (Lake) - Cottage (minimum)
17.6m
Interior Side (East) (minimum)
2.6m
138.
RLS-138 (Part Lot 16, Concession 3, North Burgess)
By-Law 2014-048, Roll # 911-020-10806
Notwithstanding the provisions of Sections 5.3.2 and 3.26, on the lands
zoned RLS-138, the following provisions shall prevail:
Lot Area
3800m2
Lot Frontage
42m
Water Setback - Dwelling
18.6m
Water Setback - Deck
14.9m
139.
RLS-139 (Part Lot 5, Concession 7, North Burgess)
By-Law 2015-004, Roll # 911-010-07800
Notwithstanding the provisions of Sections 3.26 and 5.3.2 on the lands
zoned RLS-139, the following provisions shall prevail:
Lot Area (minimum)
2050 m2
Water Setback - Dwelling (minimum)
11.3 m
Deck encroachment into water setback (maximum) 1.83 m
Water Setback - Accessory Building (minimum)
14.1 m
Water Setback - Septic System (minimum)
22.8 m
Deck area on accessory building (maximum)
15m2
141.
RLS-141 (Part Lot 13, Concession 1, South Sherbrooke)
By-Law 2015-016, Roll # 914-020-00700
Notwithstanding the provisions of Sections 5.3.2 and 3.26, on the lands
zoned RLS-141, the following provisions shall prevail:
Lot Area (minimum)
3816m2
Lot Frontage
34m
Water Setback - Existing Dwelling (minimum)
15.24m
Water Setback - Existing Deck (minimum)
13m
Side Yard Setback (south minimum)
4m
77
142.
RLS-142 (Part Lot 9, Concession 1 and 2, South Sherbrooke)
By-Law 2015-031, Roll # 914-015-29000
NOTWITHSTANDING the provisions of Sections 5.3.2 on the lands
zoned RLS-142, the following provisions shall prevail:
Lot size
1861 m2
Lot frontage
30.48m
Water setback - dwelling and septic
25m
143.
RLS-143 (Part Lot 14, Concession 5, South Sherbrooke)
By-Law 2015-056, Roll # 0911-914-020-80309
NOTWITHSTANDING the provisions of Sections 3.26 and 5.3.2 on the
lands zoned RLS-143, the following provisions shall prevail:
Lot frontage
53.34m
Water setback - dwelling
16m
Water setback - addition
18m
Water setback - garage
28.5m
144.
RLS-144 (Part Lot 5, Concession 6, North Burgess)
By-Law 2016-005, Roll # 911-025-29900
NOTWITHSTANDING the provisions of Sections 3.26 and 5.3.2 on the
lands zoned RLS-144, the following provisions shall prevail:
Lot area
2318.9m2
Lot frontage
45.11m
Setback to Otty Lake for dwelling
8.09m
Setback to Otty Lake for deck
9.38m
Side yard - dwelling
5.91m
Side yard - deck
3.74m
Setback to Otty Lake for septic
1m
145.
RLS-145 (Part Lot 9, Concession 5, North Burgess)
By-Law 2016-012, Roll # 911-025-18600
NOTWITHSTANDING the provisions of Sections 3.26 and 5.3.2 on the
lands zoned RLS-145, the following provisions shall prevail:
Setback to Long Lake for dwelling
25m
Side yard setback (south)
3.7m
146.
RLS-146 (Part Lot 26, Concession 3, North Burgess)
By-Law 2016-013, Roll # 911-020-07009
NOTWITHSTANDING the provisions of Section 5.3.2 on the lands zoned
RLS-146, the following provisions shall prevail:
78
Lot Area
3723m2
Lot Frontage
36.6 m
147.
RLS-147 (Part Lot 17, Concession 6, North Burgess)
By-Law 2016-029, Roll # 911-020-40202
NOTWITHSTANDING the provisions of Section 3.26, on the lands zoned
RLS-147, the following provisions shall prevail:
Water setback minimum (addition "C")
12m
Water setback minimum (1.2mx1.2m shower)
7m
148.
RLS-148 (Part Lot 10, Concession 1, South Sherbrooke)
By-Law 2016-022, Roll # 914-015-08303
NOTWITHSTANDING the provisions of Section 5.3.2, on the lands
zoned RLS-148, the following provisions shall prevail:
Lot Area
1457m2
Water frontage
30.5m
149.
RLS-149 (Part Lot 10, Concession 1, South Sherbrooke)
By-Law 2016-023, Roll # 914-015-08305
NOTWITHSTANDING the provisions of Section 5.3.2, on the lands
zoned RLS-149, the following provisions shall prevail:
Lot Area
1255m2
Water frontage
30.5m
150.
RLS-150 (Part Lot 8, Concession 10, Bathurst)
By-Law 2016-025, Roll # 916-030-11800
NOTWITHSTANDING the provisions of Section 3.26, on the lands zoned
RLS-150, the following provisions shall prevail:
Water setback minimum (cottage)
12.95m
Water setback minimum (addition)
16.78m
151.
RLS-151 (Part Lot 17, Concession 6, North Burgess)
By-Law 2016-032, Roll # 911-020-41300
NOTWITHSTANDING the provisions of Section 3.26, on the lands zoned
RLS-151, the following provisions shall prevail:
Water setback minimum (cottage)
15m
Side yard (south)
3m
152.
RLS-152 (Part Lot 20, Concession 8, North Burgess)
79
By-Law 2016-040, Roll # 911-015-22800
NOTWITHSTANDING the provisions of Section 5.3, on the lands zoned
RLS-152, the following provisions shall prevail:
Lot size
2600m2
Lot frontage
45.7m
153.
RLS-153 (Part Lot 4, Concession 6, North Burgess)
By-Law 2016-047, Roll # 911-025-26900
NOTWITHSTANDING the provisions of Section 5.3.2 and 3.26, on the
lands zoned RLS-153, the following provisions shall prevail:
Lot size
1942m2
Lot frontage
48m
Water setback (cottage and addition)
5.4m
North
5.4m
West
5.5m
Water setback (addition)
16.5m
154.
RLS-154 (Part Lot 8, Concession 10, Bathurst)
By-Law 2016-046, Roll # 916-030-11100
NOTWITHSTANDING the provisions of Section 5.3.2 and 3.26, on the
lands zoned RLS-154, the following provisions shall prevail:
Lot size (minimum)
1837m2
Water frontage
38m
Lot coverage
11.6%
Water setback (minimum, cottage and addition)
7.6m
155.
RLS-155 -NOT USED
156.
RLS-156 (Part Lot 8, Concession 9, North Burgess)
By-Law 2017-007, Roll # 911-015-60800
NOTWITHSTANDING the provisions of Section 5.3.2, Section 3.26 and
Section 3.27, on the lands zoned RLS-156, the following provisions shall
prevail:
Lot size (minimum)
1012m2
Water frontage
32m
Lot coverage
10.3%
Water setback (minimum, cottage and deck)
West Corner
15m
East Corner
21m
Side yard (east, minimum)
4.6m
Rear yard (minimum)
2.7m
Deck encroachment (maximum width of deck)
2.4m
80
Deck size (maximum)
19.5m2
157.
RLS-157 (Part Lot 18, Concession 3, North Burgess)
By-Law 2016-049, Roll # 911-020-20000
NOTWITHSTANDING the provisions of Section 5.3.2, on the lands
zoned RLS-157, the following provisions shall prevail:
Lot size (minimum)
3950m2
158.
RLS-158 (Part Lot 18, Concession 3, North Burgess)
By-Law 2016-050, Roll # 911-020-19800
NOTWITHSTANDING the provisions of Section 5.3.2, on the lands
zoned RLS-157, the following provisions shall prevail:
Lot size (minimum)
1587m2
Water frontage (minimum)
23m
159.
RLS-159 (Part Lot 25, Concession 8, North Burgess)
By-Law 2017-039, Roll # 911-015-39800
NOTWITHSTANDING the provisions of Section 5.3.2 and Section 3.26,
on the lands zoned RLS-159 the following provisions shall prevail:
Water setback (minimum, dwelling)
15m
160.
RLS-160 (Part Lot 9, Concession 6, North Burgess)
By-Law 2017-044, Roll # 091191101004702
NOTWITHSTANDING the provisions of Section 5.3.2, on the lands
zoned RLS-160 the following provisions shall prevail:
Lot size (minimum)
2590m2
Water frontage (minimum)
38.4m
161.
RLS-161 (Part Lots 6 and 7, Concession 2, South Sherbrooke)
By-Law 2018-038, Roll # 914-015-20102
Notwithstanding the provisions of Sections 3.26 to the contrary, the
following provisions shall prevail:
Water Setback (minimum)
24m
By-Law 2018-039, Roll#914-015-20103
Notwithstanding the provisions of Sections 3.26 to the contrary, the
following provisions shall prevail:
Water Setback (minimum)
20m
81
162.
RLS-162 (Part Lot 26, Concession 2 and 3, North Burgess)
By-Law 2017-067, Roll # 091191102007004
Water Frontage (minimum)
50.3m
163.
RLS-163 (Part Lot 16, Concession 7, North Burgess)
By-Law 2018-001, Roll # 0911911010070010
NOTWITHSTANDING the provisions of Section 3.26, on the lands zoned
RLS-163 the following provision shall prevail:
Water setback on north side (minimum, dwelling) 25 m
164.
RLS-164 (Part Lot 19, Concession 8, North Burgess)
By-Law 2018-002, Roll # 091191101518500
NOTWITHSTANDING the provisions of Sections 3.26 and 3.27, on the
lands zoned RLS-164 the following provisions shall prevail:
Lot Area (minimum)
0.13 ha
Lot Frontage (minimum)
25 m
Water Setback (minimum, dwelling)
8 m
Deck encroachment into water setback (maximum) 1.9 m
Deck encroachment surface area (maximum)
20 m2
166.
RLS-166(Part Lot7, Concession 8, South Sherbrooke)
By-Law No. 2018.037, Roll #914-010-13801
NOTWITHSTANDING the provisions of Section 10.1.2, on the lands
zoned RLS-166 the following provisions shall prevail:
Lot Area (minimum)
3416m2
Lot Frontage (minimum)
47.2m
82
5.4
Mobile Home Park Residential (RMH)
1.
Permitted Uses
mobile home
mobile home park
mobile home park management office
recreational facilities accessory to a mobile home park
accessory dwelling or accessory dwelling unit
2.
Zone Provisions
1.
Mobile Home Park
Lot Area (minimum)
2 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
15 m
Exterior Side
15 m
Interior Side
7.5 m
Rear
15 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
20%
Accessory Dwellings per Lot (maximum)
1
2.
Mobile Home Site
Site Area (minimum)
700 m2
Site Frontage (minimum)
20 m
Site Yards (minimum)
Front
7.5 m
Exterior Side
7.5 m
Interior Side
3.0 m
Rear
4.5 m
Site Coverage (maximum)
30%
Mobile Homes per Site (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones (reserved)
83
SECTION 6 - COMMERCIAL ZONES
6.1
General Commercial (C) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
automobile service station
bank
building supply centre
clinic
commercial parking lot
community service
custom workshop
equipment rental outlet
garden centre
hotel
motel
open market
personal service
place of assembly
private park
professional or business office
service outlet
recreational establishment
retail store
restaurant
tradesperson's establishment
vehicle sales or rental establishment
veterinary clinic
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lots in Hamlet designation in Official Plan 45 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
Lots in Hamlet designation in Official Plan
6 m
All other lots
10 m
Rear
Lots in Hamlet designation in Official Plan
7.5 m
All other lots
10 m
Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
84
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station
pump island or canopy shall be 4.5 m.
4.
Exception Zones
1.
C-1 (Part Lot 15, Concession 5, Bathurst)
Notwithstanding the provisions of Section 6.1.1 and 6.1.2 to the contrary,
on the lands zoned C-1, the following provisions shall prevail:
Permitted commercial uses shall be restricted to the following:
A sales, repair and maintenance facility for motorcycles and
accessories;
A bait shop.
The total maximum commercial floor area shall be 200 m2.
Open storage related to commercial uses shall not be permitted,
except in relation to licensed or operative vehicles for sale.
2.
C-2 (Part Lot 20, Concession 7, Bathurst)
By-Law 2014-008, Roll # 916-025-08501
Notwithstanding the provisions of Sections 6.2.2, on the portion of lands
zoned C-2, the following provisions shall prevail:
-
Interior Side Yard Setback - Accessory (minimum)
8m
85
6.2
Local Commercial (CL) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bank
bed and breakfast
clinic
community service
custom workshop
personal service
professional or business office
retail store
restaurant
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lots in Hamlet designation in Official Plan
45 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
Lots in Hamlet designation in Official Plan
6 m
All other lots
10 m
Rear
Lots in Hamlet designation in Official Plan
7.5 m
All other lots
10 m
Commercial Floor Area (maximum)
200 m2
Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
86
4.
Exception Zones
1.
CL -1 (Part Lot 27, Concession 8, Bathurst)
By-Law 2004-059, Roll # 916-025-13500 (repealed September 22, 2015)
By-Law 2006-037, Roll # 916-025-13500 (amended September 22, 2015,
below)
Notwithstanding the provisions of Sections 6.2.1 to the contrary, on the
lands zoned CL-1 the following additional use shall be permitted:
Open Market
Service Outlet
Veterinary Clinic
Recreational Establishment
Furthermore, notwithstanding the provisions of Sections 6.2.2, on the
lands zoned CL-1, the following provisions shall prevail:
Front Yard Setback (minimum)
1.6 m
Deck Encroachment into Front
Yard (maximum)
1.6 m
Lot Coverage (maximum)
22 %
Commercial Floor Area (maximum)
760 m²
CL -1-h (Part Lot 27, Concession 8, Bathurst)
By-Law 2015-046, Roll # 916-025-13500
NOTWITHSTANDING the provisions of Sections 2.1 of By-Law No.
2006-037, on the lands zoned CL-1-h, the following additional use shall
be permitted:
-
Maximum of six (6) Residential Units
THAT, an amendment to this By-Law to remove the holding provision
denoted by the "h" suffix shall be conditional upon the following:
a)
That the maximum number of Residential units on each parcel be
reduced to five(5); OR
b)
All of the following conditions be met:
i)
That the Township receives from the Owner a Municipal
Responsibility Agreement with regard to the communal
sewage system(s);
ii)
That the Township receives from the Owner sufficient
securities to replace the communal sewage system(s);
iii)
That the property complies with all other municipal and
provincial requirements in effect at the time of the building
application.
87
THAT, on the lands zoned CL-1-h and CL-2-h no person shall use any
building or land for any purpose other than that for which it was used on
the date of the passing of this By-Law.
2.
CL -2 (Part Lot 27, Concession 8, Bathurst)
By-Law 2004-059, Roll # 916-025-13400 (repealed September 22, 2015)
By-Law 2006-037, Roll # 916-025-13400 (amended September 22, 2015,
below)
Notwithstanding the provisions of Sections 6.2.1 to the contrary, on the
lands zoned CL-2 the following additional use shall be permitted:
Open Market
Service Outlet
Veterinary Clinic
Recreational Establishment
Furthermore, notwithstanding the provisions of Sections 6.2.2, on the
lands zoned CL-2, the following provisions shall prevail:
Front Yard (minimum for addition)
1.8 m
Commercial Floor Area (maximum)
550 m²
CL -2-h (Part Lot 27, Concession 8, Bathurst)
By-Law 2015-046, Roll # 916-025-13400
Notwithstanding the provisions of Sections 2.1 of By-Law No. 2006-037,
on the lands zoned CL-2-h, the following additional use shall be
permitted:
-
Maximum of six (6) Residential Units
THAT, an amendment to this By-Law to remove the holding provision
denoted by the "h" suffix shall be conditional upon the following:
a)
That the maximum number of Residential units on each parcel be
reduced to five(5); OR
b)
All of the following conditions be met:
i)
That the Township receives from the Owner a Municipal
Responsibility Agreement with regard to the communal
sewage system(s);
ii)
That the Township receives from the Owner sufficient
securities to replace the communal sewage system(s);
iii)
That the property complies with all other municipal and
provincial requirements in effect at the time of the building
application.
THAT, on the lands zoned CL-1-h and CL-2-h no person shall use any
building or land for any purpose other than that for which it was used on
88
the date of the passing of this By-Law.
3.
CL-3 (Part Lot 27, Concession 7, Bathurst)
Notwithstanding the provisions of Section 6.2.2 and 3.15.5, on the lands
zoned CL-3, the following provisions shall prevail:
Lot Area (minimum)
4006m2
Lot Frontage (minimum)
30.4m
South Interior Side Yard (minimum)
5.4m
Driveway width two-way
traffic (minimum)
5.2m
89
6.3
Tourist Commercial (CT) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bed and breakfast
community service
golf course
marina
marine facility
park
tourist campground
tourist lodging establishment
2.
Zone Provisions
Lot Area (minimum)
Tourist Campground
2 ha
Other uses
1 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
15 m
Exterior Side
15 m
Interior Side
10 m
Rear
15 m
Accessory Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
9 m
Tourist Campground Site (minimum)
230 m2
Lot Coverage (maximum)
20%
Accessory Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
90
4.
Exception Zones
1.
CT-1 (Part Lot 8, Concession 10, South Sherbrooke)
By-Law 2000-05, Roll # 914-010-39800
Notwithstanding the provisions of Sections 6.3.1 and 6.3.2 to the contrary,
on the lands zoned CT-1 the following provisions shall prevail:
A seasonal dwelling shall be an additional permitted use;
A maximum of 42 seasonal dwellings shall be permitted, in
addition to one single dwelling accessory to a tourist campground
or tourist lodging establishment.
2.
CT-2 (Part Lot 21, Concession 9, North Burgess)
Notwithstanding the provisions of Section 6.3.2, on the lands zoned CT-2,
the following additional provision shall apply to a tourist campground:
Campsites (maximum)
50 sites
3.
CT-3 (Part Lots 2 and 3, Concession 1, South Sherbrooke)
Notwithstanding the provisions of Section 6.3.2, on the lands zoned CT-3,
the following provision shall prevail:
Lot Frontage (minimum)
20 m
4.
CT-4 (Part Lots 8 and 9, Concession 5, North Burgess)
By-Law 2017-049, Roll # 911-025-18000
Notwithstanding the provisions of Section 6.3, on the lands zoned CT-4
the following provisions shall prevail:
Number of campsites (maximum)
5
Size of individual campsite
(maximum)
93m2
Type of structure
Autonomous tents, one small office
One small office building (maximum)
30m2
91
SECTION 7 - INDUSTRIAL ZONES
7.1
General Industrial (M) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
kennel
printing establishment
self-storage facility
service outlet
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
veterinary clinic
warehouse
wholesale establishment
2.
Zone Provisions
Lot Area (minimum)
1 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
15 m
Exterior Side
15 m
Interior Side
10 m
Rear
15 m
Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
15 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
92
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the
minimum front or exterior side yard for an automobile service station
pump island or canopy shall be 4.5 m.
3.
Minimum Separation Distance for a Kennel
From a residential use on another lot
150 m
4.
Exception Zones
1.
M-1 (Part Lot 27, Concession 3, Bathurst)
By-Law 2011-038, Roll # 916-015-43801
Notwithstanding the provisions of Section 7.1.1 to the contrary, on the
lands zoned M-1, the following additional uses shall be permitted:
A professional or business office
A horse stable.
Notwithstanding the provisions of Section 7.1.2 on the lands zoned M-1,
the following provisions shall prevail:
Minimum Lot Frontage
20.03m
2.
M-2 (Part Lot 25, Concession 3, Bathurst)
By-Law 2014-008, Roll # 916-025-08501
Notwithstanding the provisions of Sections 6.2.2, on the portion of lands
zoned M-2 the following provisions shall prevail:
Interior Side Yard Setback - Accessory (minimum) 8 m
3.
M-3 (Part Lot 25, Concession 3, Bathurst)
By-Law 2014-028, Roll # 916-015-38500
Notwithstanding the provisions of Sections 7.1.1 on the lands zoned M-3,
the following additional uses shall be permitted:
Café
Retail Store
Notwithstanding the provisions of Sections 7.1.2 on the lands zoned M-3,
93
the following provisions shall prevail:
Lot Area (minimum)
0.89 ha
Front Yard Setback (minimum)
3.4 m
94
7.2
Salvage Yard Industrial (MS) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
salvage yard
2.
Zone Provisions
Lot Area (minimum)
2 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
15 m
Exterior Side
15 m
Interior Side
15 m
Rear
15 m
Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
15 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance for a Salvage Yard
From a residential use on another lot
300 m
From a non-residential use on another lot
100 m
From a watercourse or water body
300 m
4.
Exception Zones
(reserved)
95
7.3
Disposal Industrial (MD) Zone
1.
Permitted Uses
portable asphalt plant
waste disposal site
waste recycling facility
waste transfer facility
wayside pit
wayside quarry
2.
Zone Provisions
Lot Area (minimum)
2 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
30 m
Exterior Side
0 m
Interior Side
30 m
Rear
30 m
Building Height (maximum)
15 m
Lot Coverage (maximum)
20%
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance for a Waste Disposal Facility
From a residential use on another lot
500 m
From a non-residential use on another lot
200 m
From a watercourse or water body
500 m
4.
Exception Zones
(reserved)
96
SECTION 8 - INSTITUTIONAL ZONES
8.1
Institutional (I) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
cemetery
community service
day nursery
park
place of assembly
place of worship
school
residential care home
2.
Zone Provisions
Lot Area (minimum)
4050 m2
Lot Frontage (minimum)
Lots in Hamlet designation in Official Plan
45 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
6 m
Rear
7.5 m
Dwelling Unit Area (minimum)
75 m2
Building Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
I-1 (Part Lot 27, Concession 2, Bathurst)
By-Law 2006-033, Roll # 916-015-18900
Notwithstanding the provisions of Sections 8.3.1 to the contrary, on the lands zoned I-1
the following additional use shall be permitted:
Open
Market
97
SECTION 9 - OPEN SPACE ZONES
9.1
Open Space (OS) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use, excluding buildings
conservation use
golf course
park
2.
Zone Provisions
Yard requirements (minimum)
15 m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
OS-1 (Part Lots 2 & 3, Concessions 1 & 2, South Sherbrooke)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the
lands zoned OS-1, the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Uses accessory to residential uses located on other lots
owned by individual owners-in-common of the lot zoned
OS-1, such uses to be restricted to outdoor recreation,
storage of equipment and supplies, and parking of licensed
motor vehicles.
Pedestrian/vehicular right-of-way in favour of adjacent
residential lots owned by others.
A maximum of two buildings or structures may be erected on the
lot for the purpose of accommodating permitted uses.
The floor area or lot coverage, whichever is greater, of all
buildings and structures shall not exceed 100 m2.
2.
OS-2 (Part Lots 2 & 3, Concessions 1 & 2, South Sherbrooke)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the
lands zoned OS-2, the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Uses accessory to residential uses located on other lots owned by
98
individual owners-in-common of the lot zoned OS-2, such uses to
be restricted to outdoor recreation and parking of licensed motor
vehicles during daylight hours.
Pedestrian/vehicular right-of-way in favour of adjacent residential
lots owned by others.
No buildings or structures shall be permitted.
3.
OS-3 (Part Lots 19 & 20, Concessions 6, North Burgess)
Notwithstanding the provisions of Section 9.1.1 to the contrary, on the
lands zoned OS-3, the following provisions shall prevail:
Permitted uses shall be restricted to uses accessory to residential
uses located on adjacent lots owned by owners of the lots zoned
OS-3, such uses to be restricted to outdoor recreation, storage of
equipment and supplies, parking of licensed motor vehicles, and
individual wells and sewage disposal systems.
All buildings and structures shall be erected and used in
accordance with the provisions of Section 3.1 (Accessory Uses) of
this By-law. For the purposes of applying this section to the OS-3
zone, the provisions of subsection 3.1.6 governing buildings and
structures accessory to a residential use in a Residential zone shall
apply.
4.
OS-4 (Part Lot 19, Concession 3, North Burgess)
By-Law 2004-013, Roll # 911-020-19202
Notwithstanding the provisions of Sections 9.1.1 and 9.1.2, on the lands
zoned OS-4, the following provisions shall prevail:
Permitted uses shall be restricted to a conservation use
West Interior Side Yard (minimum) 3 m
5.
OS-5 (Part Lot 3, Concession 7, North Burgess)
By-Law 2006-038, Roll # 911-025-35600
Notwithstanding the provisions of Sections 3.1 and 9.1.2 on the lands
zoned OS-5, the following provisions shall prevail:
Water Setback for Accessory Structure (minimum)
18 m
Rear Yard for Accessory Structure (minimum)
13.1 m
99
6.
OS-6 (Part Lot 7, Concession 7, North Burgess)
By-Law 2006-076, Roll # 911-010-10610 (RLS) and 10615 (OS-6)
Notwithstanding the provisions of Section 9.1.1 and 9.1.2 to the contrary,
on the lands zoned OS-6, the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Uses accessory to a residential use located on another lot
owned by the owner of the lot zoned OS-6, such uses to be
restricted to outdoor recreation, storage of equipment and
supplies, and parking of licensed motor vehicles.
Interior Side Yard (minimum)
3m
Rear Yard (minimum)
3m
Water Setback (minimum)
Building and parking area
40m
The maximum area of any accessory building shall not exceed
10m2.
7.
OS-7 (Blocks 26 and 27, 27M97, Pt Lots 20-21-22, Con 2, Bathurst)
By-Law 2013-019 and 2015-045, Tayside Estates Sub-Division
Notwithstanding the provisions of Section 9.1.1 on the lands zoned OS-7,
the following provisions shall prevail:
Permitted uses shall be restricted to the following uses:
Park
Conservation use, excluding buildings
Use of existing building
100
SECTION 10 - RURAL ZONES
10.1
Rural (RU) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
existing cemetery
kennel
on-farm diversified uses
place of worship
portable asphalt plant
single dwelling
wayside pit
wayside quarry
2.
Zone Provisions
Lot Area (minimum)
Lot in Hamlet designation in Official Plan
4050 m2
All other lots
Single dwelling
1 ha
Other permitted uses
2 ha
Lot Frontage (minimum)
Lot in Hamlet designation in Official Plan
45 m
All other lots
60 m
Yards (minimum)
Front
10 m
Exterior Side
10 m
Interior Side
6 m
Rear
7.5 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance of a New or Expanding Livestock
Facility from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
101
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture and Food.
3.
Minimum Separation Distance for a Kennel
From a residential use on another lot
150 m
4.
Exception Zones
1.
RU-1 (Part Lot 4, Concession 5, North Burgess)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the
lands zoned RU-1, permitted uses shall be restricted to the following:
A marine facility
A garage for boat storage
2.
RU-2 (Rural Co-operative) By-Law 2015-018
Notwithstanding the provisions of Section 10.1 to the contrary, on the
lands zoned RU-2, the following provisions shall prevail:
1. Part Lot 2, Concession 4, Bathurst (Roll No. 916-010-20400)
Dwellings per lot (max)
4
Additional uses permitted
private school
2. Part Lot 3, Concession 4, (Bathurst) (Roll No. 916-010-20501)
Dwellings per lot (max)
5
3. Part Lot 2, Concession 5, (Bathurst) (Roll No. 916-020-20500)
Dwellings per lot (max)
4
3.
RU-3 (Part Lot 20, Concession 9, North Burgess)
By-Law 2005-080, Roll # 911-015-64501
Notwithstanding the provisions of Sections 10.1.2, on the lands zoned RU-
3, the following provision shall prevail:
Lot Frontage (minimum)
45.7 m
Water Setback (minimum)
40m
4.
RU-4 (Part Lot 27, Concession 4, Bathurst)
By-Law 2006-036, Roll # 916-015-51500
Notwithstanding the provisions of Sections 10.3.1 to the contrary, on the
lands zoned RU-4 the following additional shall be permitted:
Archery Clinic
102
For the purposes of this section, an 'Archery Clinic' shall mean the use of
land and buildings for archery training and the sales and repair of archery
equipment.
5.
RU-5 (Part Lot 19, Concession 7, North Burgess)
By-Law 2007-036, Roll # 911-015-02100 and 911-015-02200
Notwithstanding the provisions of Section 10.1.1, on the lands zoned RU-
5, the following additional uses shall be permitted:
Place of worship
Meditation cabins and comfort station, accessory to a place of
worship
Administrative office, accessory to a place of worship
For the purposes of this By-law, a meditation cabin means a building for
meditation and sleep purposes, with an area of approximately 20m2, which
does not provide kitchen, sanitary or water facilities, and which is
intended to be occupied on a temporary basis by members of a religious
order in a monastery setting. Sanitary and water facilities are to be
provided in an accessory comfort station, and shared with other meditation
cabins.
6.
RU-6 (Lot 10, Concession 1, Bathurst)
By-Law 2009-038, Roll # 916-010-02600
Notwithstanding the provisions of Sections 10.1.1 to the contrary, on the
lands zoned RU-6 the following additional uses shall be permitted:
Seasonal workshop, meetings and events
7.
RU-7 (Part Lot 4, Concession 1, South Sherbrooke)
By-Law 2011-065, Roll # 914-015-06100
Notwithstanding the provisions of Section 10.1.1 on the lands zoned RU-7
the following additional use shall be permitted:
Operation of a Boat and RV storage
8.
RU-8 (Part Lot 18&19, Concession 10, Bathurst)
By-Law 2012-031, Roll # 916-030-25750
Notwithstanding the provisions of sections 10.2 and 3.26, on the lands
zoned RU-8, the following provisions shall prevail:
Minimum Water Setback (addition)
22.5m
9.
RU-9 (Part Lot 22, Concession 12, Bathurst)
By-Law 2012-050, Roll # 916-030-44700
103
Notwithstanding the provisions of Sections 3.26 and 10.1.2, on the lands
zoned RU-9, the following provisions shall prevail:
Lot area(minimum)
0.33 ha
Water Setback (house)
23 m
No encroachment of decks, porches, etc into water setback.
10.
RU-10 (Part Lot 20, Concession 6, North Burgess)
By-Law 2013-034, Roll # 911-020-53001
Notwithstanding the provisions of Sections 3.26 and 5.3.2, on the lands
zoned RU-10, the following provisions shall prevail:
Water Setback
House
13 m
Addition
23 m
Rear Yard Setback
5.5 m
11.
RU-11 (Part Lot 20 & 21 Concession 3 in the South Sherbrooke, as
severed by B13/115) By-Law 2014-015 for RU-11-h, By-Law 2015-014 for
RU-11
Notwithstanding the provisions of Section and 10.1.2 on the lands zoned
RU-11, the following provisions shall prevail:
Lot Frontage (minimum)
39.6 m
12.
RU-12 (Part Lot 20 & 21 Concession 3 in the South Sherbrooke, as
severed by B13/112) By-Law 2014-015 for RU-12-h, By-Law 2015-014 for
RU-12
Notwithstanding the provisions of Section 10.1.2 on the lands zoned RU-
12, the following provisions shall prevail:
Minimum Water Setback (West Side)
40m
13.
RU-13 (Part Lot 22, Concession 3, Bathurst)
By-Law 2014-035, Roll # 916-015-28000
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the
portion of the lands zoned RU-13 the following additional uses shall be
permitted:
Blacksmith forge and workshops or courses
14.
RU-14 (Part Lot 8, Concession 5, Bathurst)
By-Law 2015-038, Roll # 916-020-04000
Notwithstanding the provisions of Section 3.4 to the contrary, on the
portion of the lands zoned RU-14 the following provisions shall prevail:
104
Shall be exempt from the requirement for frontage on an improved
road as the Township is satisfied that suitable arrangements have
been made for dependable access to the property from Highway 7
across deeded rights-of-way.
15.
RU-15 (Part Lot 3, Concession 6, North Burgess)
By-Law 2016-004, Roll # 911-025-24012
Notwithstanding the provisions of Section 10.1 to the contrary, on the
portion of the lands zoned RU-15 the following provisions shall prevail:
Additional permitted use - Children's Day Camp (more than six
(6) children attending activities during school breaks and summer
holidays)
16.
RU-16-h(Part Lot 9, Concession 3, South Sherbrooke)
By-Law 2018-036, Roll #914-015-48200
Notwithstanding the provisions of Section 10.1, on the lands zoned RU-
16-h the following additional uses shall be permitted:
Winery
The following provisions shall also be permitted for the Winery on the
lands zoned RU-16-h:
The retail sale of alcohol shall be permitted, subject to Provincial
regulations;
As an accessory use to the Winery, a separate area shall be
permitted where food and beverages are offered for consumption
for event purposes by the general public under license from the
Alcohol and Gaming Commission of Ontario, provided that such
use is secondary and accessory to the Winery use.
Lands zoned for Winery uses shall be places in a holding
designation until such time that any required supportive studies are
completed to the satisfaction of the Township and other
commenting agencies.
105
SECTION 11 - AGRICULTURE ZONES
11.1
Agriculture (A) Zone
1.
Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
bed and breakfast
conservation use
on-farm diversified uses
portable asphalt plant
single dwelling
wayside pit
wayside quarry
2.
Zone Provisions
Lot Area (minimum)
40 ha
Lot Frontage (minimum)
60 m
Yards (minimum)
Front
15 m
Exterior Side
15 m
Interior Side
6 m
Rear
15 m
Dwelling Unit Area (minimum)
75 m2
Dwelling Height (maximum)
9 m
Lot Coverage (maximum)
20%
Dwellings per Lot (maximum)
1
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Requirements for Residential Lots Created by Consent
Notwithstanding the zone provisions of Section 11.1.2 to the contrary,
where a lot is severed for residential purposes, such lot may be used for a
single dwelling in accordance with the zone provisions of Section 5.1.2
and the retained lot shall be exempt from the lot area provision of Section
11.1.2
3.
Minimum Separation Distance for a New or Expanding Livestock
Facility from a Dwelling
Notwithstanding any other provisions of this By-law, new or expanding
106
livestock facilities shall comply with the Minimum Distance Separation II
(MDS II), as issued by the Ministry of Agriculture and Food.
4.
Exception Zones
1.
A-1 (Part Lot 11, Concession 2, Bathurst)
By-Law 2007-048, Roll # 916-010-10110
Notwithstanding the provisions of Section 11.1.2, on the lands zoned A-1,
the following provisions shall prevail:
Lot Area (minimum)
32.5 ha
2.
A-2 (Part Lot 22, Concession 1, Bathurst)
By-Law 2015-039, Roll #0911-916-015-02200
Notwithstanding the provisions of Section 11.1.1, on the lands zoned A-2,
the following provisions shall prevail:
Permitted uses of the portion of the property occupied by the farm store
building shall include select agricultural commercial uses including:
antique shop, agriculture commercial retail store (e.g., a garden store),
agri-tourism, spa, crafts store, a community service, or a café.
3.
A-3 (Part Lot 1-2, Concession 10, North Burgess)
By-Law 2017-048, Roll #0911-911-010-31700, 31600 and 31601
Notwithstanding the provisions of Section 11.1.2, on the lands zoned A-3
the following provisions shall prevail:
Dwellings per Lot
0
107
SECTION 12 - MINERAL RESOURCE ZONES
12.1
Mineral Aggregate Extraction (EX) Zone
1.
Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
portable asphalt plant
quarry
wayside pit
wayside quarry
2.
Zone Provisions
Yards (minimum)
Front
30 m
Exterior Side
30 m
Interior Side
15 m
Rear
15 m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
2.
Minimum Separation Distance From a Dwelling on Another Lot
Class "B" Pit, with no excavation below the water table
150 m
All other Pits
300 m
Quarry
500 m
108
4.
Exception Zones
1.
EX-1, EX-1a, EX-1b and EX-1c (Part Lots 17, 18, 19 & 20, Concession
3, & Part Lot 18, Concession 2, Bathurst)
By-Law 1999-30 & 1997-11, Roll #916-015-90000
Notwithstanding the provisions of Section 12.1.2, on the lands zoned EX-
1, EX-1a, EX-1b and EX-1c, the following additional provision shall
apply:
Building Height (maximum)
EX-1 zone
46 m
EX-1a and EX-1b zones
35 m
EX-1c zone
6 m
Furthermore, notwithstanding the provisions of Sections 12.1.1 to the
contrary, on the portions of the lands zoned EX-1a, EX-1b and EX-1c
permitted uses shall be restricted to uses accessory to an aggregate
processing operation as follows:
On lands zoned EX-1a, uses shall be restricted to rail sidings;
On lands zoned EX-1b, uses shall be restricted to rail sidings, a
turning circle for trucks and a parking lot for construction workers'
vehicles;
On lands zoned EX-1c, uses shall be restricted to a water supply
pump house facility, including a water intake and upstream
gauging station.
109
SECTION 13 - NATURAL HERITAGE ZONES
13.1
Environnemental Protection (EP) Zone
1.
Permitted Uses
existing agricultural use
conservation use, excluding buildings
2.
Zone Provisions
Yards (minimum)
15 m
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
1.
EP-1 (Part Lot 17, Concession 6, North Burgess)
By-Law 2017-022, Roll # 911-020-40202
NOTWITHSTANDING the provisions of Section 3.19, on the lands zoned
EP-1, the following provisions shall prevail:
Setback from wetland (minimum)
30m
110
SECTION 14 - NATURAL HAZARD ZONES
14.1
Flood Plain (FP) Zone
1.
Permitted Uses
agricultural use, excluding buildings
conservation use, excluding buildings
golf course, excluding buildings
marine facility
park, excluding buildings
2.
Zone Provisions
1.
No fill shall be placed except with the written approval of the relevant
Conservation Authority.
2.
No building or structure shall be erected, altered or used except with the
written approval of the relevant Conservation Authority.
3.
Additional Provisions
1.
General Provisions
In accordance with Section 3 hereof.
4.
Exception Zones
(reserved)
111
SECTION 15 - APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first reading on December 10, 2002.
This By-law given its second reading on December 10, 2002.
This By-law given its third and final reading and passed under the Corporate Seal on December
10, 2002.
CORPORATE SEAL OF TOWNSHIP
(original signed by)
M. Mosher
Mayor
(original signed by)
K. Coulthart-Dewey
Clerk
112
SECTION 16 - METRIC CONVERSION CHART
Imperial
Units
Multiplied
By
Equals
Metric Units
Metric Units
Multiplied
By
Equals
Imperial
Units
L E N G T H
Inches
2.54
Centimetres
Centimetres
0.3937
Inches
Feet
0.3048
Metres
Metres
3.2808
Feet
A R E A
Square feet 0.0929
Square metres Square metres 10.764
Square feet
Acres
0.4047
Hectares
Hectares
2.471
Acres
Sample Conversions
AREA
LENGTH
Metric
Imperial
Metric
Imperial
10 m2
107.6 sq ft
1 m
3.28 ft
12 m2
129.2 sq ft
2.75 m
9.02 ft.
14 m2
150.6 sq ft
3 m
9.84 ft
20 m2
215.3 sq ft
4.5 m
14.76 ft
25 m2
269.1 sq ft
6 m
19.69 ft
40 m2
430.6 sq ft
7.5 m
24.61 ft
70 m2
753.5 sq ft
9 m
29.53 ft
75 m2
807.3 sq ft
10 m
32.81 ft
200 m2
2,152.8 sq ft
15 m
49.21 ft
230 m2
2,475.7 sq ft
20 m
65.62 ft
700 m2
7,534.7 sq ft
30 m
98.43 ft
4050 m2
43,593.8 sq ft
or 1 ac
45 m
147.64 ft
1 ha
2.47 acres
60 m
196.85 ft
2 ha
4.94 acres
120 m
393.7 ft
40 ha
98.84 acres
150 m
492.1 ft
300 m
984.3 ft
500 m
1,640.4 ft
The foregoing metric conversion chart and sample conversions provide approximate
conversions for the convenience of the reader and do not form part of the Zoning By-law.