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THE CORPORATION OF THE MUNICIPALITY OF TEMAGAMI
BY-LAW NO. 21-1559
A By-law to amend the Municipality of Temagami By-law No. 06-650 as amended to
include updated regulations regarding home industries and home occupations
WHEREAS the Council of the Corporation of the Municipality of Temagami is empowered to pass
By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990,
c.P.13; and,
AND WHEREAS, the Council of the Corporation of the Municipality of Temagami passed By-law
No. 21-1558 adopting a Official Plan for the Municipality of Temagami regarding home industries
and home occupations; and,
AND WHEREAS, a public meeting was held in accordance with the provisions of Section 34(12)
of the Planning Act, R.S.O. 1990; and
AND WHEREAS, in accordance with Section 34 (17) of the Planning Act, R.S.O. 1990, changes
have been made to the By-law following the public meeting and Council has determined that no
further notice is required to be given; and
NOW THEREFORE the Council of the Corporation of the Municipality of Temagami hereby enacts
as follows:
1. That the Zoning By-law No. 06-650 be amended in accordance with Appendix 1 to this
By-law.
This By-law will take effect on the date of its passage, subject to the provisions of Section 34(30)
and (31) of the Planning Act, R.S.O. 1990, c.P.13.
READ A FIRST AND SECOND TIME on the 15th day of April, 2021.
READ A THIRD TIME and finally passed this 6th day of May 2021.
_____________________________
_____________________________
Dan O'Mara, Mayor
Suzie Fournier, Municipal Clerk
By-law 06-650 As Amended - Office Consolidation as of April 30, 2019.
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THE CORPORATION OF THE
MUNICIPALITY OF TEMAGAMI
BY-LAW NO. 06-650 AS AMENDED
CONSOLIDATED OFFICE VERSION, as amended by By-laws 06-675, 07-722, 07-745, 07-694,
07-695, 08-813, 08-823, 08-768, 08-785, 09-828, 09-834, 09-860, 11-1037, 11-1038, 11-1040, 12-
1053, 12-1093, 13-1105, 13-1106, 13-1121, 13-1127, 13-1146, 14-1177,15-1236, 15-1240, 15-1254,
15-1258, 15-1537, 16-1280 and OMB decisions contained in OMB File PL080067 and OMB File
PL131380.
Being a By-law to regulate the use of land and the character, location and use of buildings
and structures in the Municipality of Temagami.
WHEREAS it is considered desirable to regulate the use of land, the character, location and use of
buildings and structures within the Municipality of Temagami;
AND WHEREAS authority is granted under Section 34.1 of the Planning Act R.S.O. to the Council of
the Municipality of Temagami to exercise such powers subject to appeals to the Ontario Municipal
Board;
NOW THEREFORE the Council of the Municipality of Temagami enacts as follows:
SECTION 1
This By-law shall be known as the "Zoning By-law for the Municipality of Temagami".
SECTION 2 - DEFINED AREA
This By-law applies to all land within the boundaries of the Municipality of Temagami, hereafter
known as the "Municipality", and to the adjoining shores of various lakes and rivers including land
covered by water wherever there is or may be erected any jetty, dock, boathouse, pier or other building
or structure.
SECTION 3 - INTERPRETATION
3.01
GENERAL
In their interpretation and application, the provisions of this By-law shall be held to be the
minimum requirement adopted for the promotion of the public health, safety, convenience
or general welfare. Whenever the requirements of this By-law are at variance with the
requirements of any other By-law, the more restrictive, or the By-law imposing the higher
standards, shall govern and apply. Nothing in this By-law shall be construed to exempt any
person from complying with the requirements of any other By-law of the Municipality or
from any law of the Province of Ontario or of Canada.
Home Industry / Home Occupation - Zoning By-law Amendment Track
Changed Version (Excerpt Pages of Revisions)
Prepared for May 6, 2021 Council Meeting
By-law 06-650 As Amended - Office Consolidation as of April 30, 2019.
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SECTION 5 - DEFINITIONS
In this By-law, unless the context otherwise requires:
ACCESS ROAD shall mean a temporary road constructed on Crown land to facilitate the extraction
of natural resources.
ACCESSORY APARTMENT shall mean a second dwelling unit in a single detached dwelling for use
as a complete, independent living facility with provision within the accessory apartment for cooking,
eating, sanitation, and sleeping. Such dwelling is an accessory use to the main dwelling.
ACCESSORY BUILDING shall mean a detached building located on the same lot as the main
building, the use of which is incidental or secondary to that of the main building and which is not used
for human habitation, and includes a detached garage, a boathouse or a sleep cabin on a residential lot.
(By-law 07-745)
ACCESSORY USE shall mean a use that is normally incidental, subordinate and exclusively devoted
to a principle use located on the same lot.
ALTER shall mean any alteration in a bearing wall or partition, column, beam, girder or other
supporting member of a building or structure or any alteration in the area or volume of a building or
structure.
'APARTMENT BUILDING shall mean a building containing four (4) or more dwelling units which
units have a common entrance from the street level and common halls and/or stairs, elevators and
yards.' (By-law 13-1121)
AUTO BODY REPAIR SHOP shall mean an industrial establishment for the repair of damage to a
motor vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of
the foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor
vehicles and the rebuilding or conversion of automotive engines or engine parts. (By-law 13-1121)
AUTOMOBILE SERVICE STATION shall mean a building or place where petroleum products and
new supplies, parts and accessories are kept for sale to service motor vehicles, snowmobiles, and
machinery and where minor and/or emergency repairs are performed to motor vehicles, snowmobiles
and machinery but no other activities of an auto body repair shop or a motor vehicle repair shop are
conducted.
BASEMENT shall mean that portion of a building which is partly underground but which has more
than one-half of its height, from finished floor to underside of floor joists of the next above storey,
above the adjacent average finished grade level adjacent to the exterior walls of the building and in
which the height from finished grade to underside of the floor joists of the next above storey is less
than one and eight-tenths (1.8) metres. (See plate #6).
BASEMENT, WALKOUT shall mean that portion of a building which is partly underground, but
which has more than fifty per cent (50%) of the floor area not greater than one (1.0) metre below grade,
and which has an entrance and exit at grade level. This definition shall only apply in an area where
the natural terrain permits construction of a walkout basement. (See plate #7).
BED AND BREAKFAST ESTABLISHMENT shall mean a single detached dwelling unit or portion
thereof, in which the proprietor resides and supplies for hire or gain to other persons, particularly
tourists, on a temporary or day to day basis, lodging with or without meals, but shall not include a
boarding house, hotel, motel, tourist cabin establishment, sleep cabin or restaurant accommodating the
general public. Such an establishment shall be licensed by the Municipality and shall provide for no
more than two (2) guest rooms, with no facilities for cooking, used or maintained for the
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CLUB shall mean an association of persons, whether incorporated or not, united by some common
interest, meeting periodically for co-operation or conviviality. Club shall also mean, where the context
requires, premises owned or occupied by members of such associations within which the activities of
the club are conducted.
COMMERCIAL shall mean the use of land, a building or structure for the purpose of buying or selling
commodities and supplying of services as distinguished from such uses as manufacturing or
assembling of goods, warehousing, construction and other similar uses.
COMMUNITY CENTRE shall mean any tract of land, or building or buildings or any part of any
buildings used for community activities whether used for commercial purposes or not, and the control
of which is vested in the Municipality, a local board or agent thereof except that in the case of a
Community Centre located within a Mobile Home Park, the control of such use may be vested in the
owner of the Mobile Home Park.
CONTRACTOR'S YARD shall mean a yard of any general contractor or builder where tools,
equipment and in-transit materials are stored outdoors on a temporary basis. A contractor's yard does
not include any other yard or establishment otherwise defined or classified herein. A contractor's yard
does not include a home industry. (By-law 13-1121) For rural or remote residential lots, an accessory
contractor's yard shall mean land used for the storage of tools and equipment and the temporary storage
of surplus or in-transit building materials.
COUNCIL shall mean the Council of the Municipality of Temagami.
COVERAGE shall mean the percentage of lot area covered by all buildings.
DAYLIGHTING TRIANGLE shall mean an area free of buildings or structures, which area is to be
determined by measuring from the point of intersection of street lines on a corner lot, the distance
required by this By-law along each such street line and joining such points with a straight line. The
triangular shaped land between the intersecting street lines and the straight line joining the points the
required distance along the street lines is the "daylighting triangle".
DAY NURSERY shall mean an establishment providing care and maintenance of children separated
from their parents or guardian during the part of the day between 6 a.m. and 7 p.m. except an
elementary school having at least four grades.
DENSITY shall mean the maximum number of dwelling units allowed by this By-law on a lot.
DEVELOPMENT shall mean the creation of a new lot, a change in land use or the construction of
buildings and structures, requiring the approval under the Planning Act or the Public Lands Act; but
does not include activities that create or maintain infrastructure authorised under an environmental
assessment process; or works subject to the Drainage Act.
DRY INDUSTRY shall mean an industry which by nature of its operation, process, or fabrication of
raw materials or service rendered does not require a water supply other than that available from within
the limits of the lot upon which the use is located, does not discharge effluent from the limits of the lot
upon which the use is located and from which the only sewage effluent to be disposed of within the
limits of the said lot will be that produced from normal sanitary and eating facilities required for the
employees.
DWELLING, CONVERTED shall mean a single detached dwelling unit altered to contain more than
one but less than 4 self contained dwelling units.
DWELLING, DUPLEX shall mean a building of two or more storeys that is divided horizontally into
two dwelling units each of which has an independent entrance either directly or through a common
vestibule.
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HEREIN shall mean anywhere in this By-law
HOME INDUSTRY shall mean a gainful occupation, secondary to a residential use, including
fabrication, light manufacturing, processing, assembly or repair of goods, that is conducted in or part
of an enclosed accessory building to a single detached dwelling, and/or in part of single detached
dwelling. A home industry may include, but is not limited to, such uses as an electrical, woodworking,
carpentry, window framinge, welding, plumbing, machine or small engine repair shop, or a live bait
supplier. A Home Industry is conducted entirely in an accessory building or part of an accessory
building on a Rural Residential or Remote Residential lot by the residents. A home industry does not
include a contractor's yard. (By-law 13-1121)
HOME OCCUPATION shall mean any gainful occupation which is conducted within the dwelling
unit, or within an enclosed accessory building by the resident(s) of the dwelling, and such home
occupationthat is clearly secondary to the main residential use, does not change the residential character
of the dwelling and as further defined in this Zoning By-law. A home occupation may include, but is
not limited to, such uses as a service or repair shop, artisan shop, a personal service shop, tradesperson,
the office of a doctor, dentist, lawyer, or a real estate agent, insurance agent, planner, architect, or
engineer, professional offices, indoor teaching/tutoring/instruction, but a clinic, a hospital, a nursing
home, a tea room and an animal hospital shall not be deemed to be home occupations.
HOSPITAL shall mean any institution, building or other premises or place established for the
maintenance, observation, medical and dental care and supervision and skilled nursing care of persons
afflicted with or suffering from sickness, disease or injury or for the convalescent or chronically ill
persons.
HOTEL shall mean a building or part of a building or a group of buildings used primarily for the
purpose of providing overnight guest room accommodation to the travelling public, with or without
accessory restaurants, dining rooms or refreshment rooms, and includes any establishment containing
guest rooms which is defined as a "hotel" in the Hotel Registration of Guests Act, R.S.O. 1990, Chapter
H.17. The owner or caretaker may live in the hotel accessory to the use'. (By-law 13-1121)*
HUNT CAMP shall mean an area where one or more tents are used for sleeping accommodation, the
preparation and serving of food and is intended for use as a base camp for hunting. The hunt camp is
to be used on a temporary or seasonal basis and shall not be a commercial facility.
INDUSTRIAL USE shall mean the use of land, buildings or structures for the manufacturing,
processing, fabricating, transporting, or assembly of raw materials or goods, warehousing or bulk
storage of goods and related accessory uses.
INSTITUTIONAL USE shall mean the use of land, buildings or structures for a public or non-profit
purpose and without limiting the generality of the foregoing, may include such uses as schools, places
of worship, indoor recreation facilities, community centres, public hospitals and government buildings.
LANDSCAPING shall mean any combination of trees, shrubs, flowers, grass or other horticultural
elements, together with decorative stonework, paving, screening or other architectural elements, all of
which is designed to enhance the visual amenity of a property and/or to provide a screen to mitigate
any objectionable adjacent land use but does not include parking areas, patios, walkways, driveways
or ramps.
LANE shall mean a public thoroughfare that affords only a secondary means of access to abutting lots
and which is not intended for general traffic circulation.
LAUNDROMAT shall mean a building or structure where the services of coin-operated laundry
machines, using only water, detergents and additives are made available to the public for the purpose
of laundry cleaning.
By-law 06-650 As Amended - Office Consolidation as of April 30, 2019.
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6.08
BUILDINGS TO BE MOVED
In all zones, no building, residential or otherwise normally requiring a building permit for
construction shall be moved within the area covered by this By-law or shall be moved into
the limits of the area covered by this By-law without a permit from the Building Inspector.
6.09
CHANGE OF USE
A use of a lot, building or structure which, under the provisions hereof, is not permissible
within the zone in which such lot, building or structure is located, shall not be changed except
to a use which is permissible within such zone.
6.10
COMMERCIAL MOTOR VEHICLE PARKING
In any residential zone, the temporary parking of one commercial motor vehicle shall be
permitted provided that:
a)
the gross weight of the vehicle is not greater than 4,475 kg;
b)
the vehicle is operated by the owner or occupant of the dwelling unit on the lot;
c)
the vehicle is not parked in the front yard; and
d)
the vehicle is not stored on the lot.
6.11
CONTRACTOR'S YARD
A contractor's yard may be carried out in the R1, R2 and R3 Zones in accordance with the
following and in accordance with the provisions of Section 7.4.3, Section 7.5.3 and Section
7.6.3.
(a)
in the case of a lot fronting on a public road, a contractor's yard shall be located in the
rear yard;
(b)
in the case of a lot fronting on both a public road and a navigable body of water, a
contractor's yard shall be located in the yard abutting the road;
(c)
in the case of a water access lot, a contractor's yard may be located in the front yard,
subject to the provisions of this By-law, and must be located a minimum of 10 metres
from the shore;
(d)
there is no external advertising other than a sign erected in accordance with any by-
laws of the Municipality regulating signs;
(e)
a contractor's yard shall be used only for the outdoor storage of tools, equipment and
in-transit building materials, except noxious or hazardous good or materials;
(f)
neither accessory buildings nor boathouses shall be used in conjunction with the
contractor's yard;
(g)
an office associated with the contractor's yard may be located in the dwelling located
on the same lot;
(h)
on a water access lot, a contractor's yard shall be screened by a solid vegetative buffer
no less than ten (10.0) metres in width from the normal shoreline in order to buffer the
contractor's yard from the viewing public and adjacent lots;
(i)
such contractor's yard is clearly secondary to the main residential use, does not change
the residential character of the dwelling;
By-law 06-650 As Amended - Office Consolidation as of April 30, 2019.
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6.21
HEIGHT EXCEPTIONS
Notwithstanding the height provisions, nothing in this By-law shall apply to prevent the
erection of a church spire, flag pole, belfry, clock tower, chimney, radio or television tower
or antenna.
6.22 HOME INDUSTRY
A home industry may be carried out in the R1, R2 and R3 Zones in accordance with the
following and in accordance with the provisions of Section 7.4.3, Section 7.5.3 and Section
7.6.3.
(a)
there is no external advertising other than a sign erected in accordance with any by-
laws of the Municipality regulating signs;
(b) the external storage of goods, materials or equipment is not permitted;
(b)
such home industry is not an obnoxious use, trade, business or manufacture;
(c)
such home industry is clearly secondary to the main residential use, and does not
change the residential character of the dwelling and lot.and in no case shall the
accessory building used for the home industry have a gross floor area greater than forty
percent (40%) of the ground floor area of the dwelling;
(d) The maximum size of a home industry, including storage in accordance with subsection
(j) shall be in accordance with the following:
i.
If located in a dwelling, the home industry shall occupy a maximum area of
forty percent (40%) of the ground floor area of the dwelling.
ii.
If located in anone or more accessory buildings, the home industry shall not
occupy a total an area greater than 140 square metres for a property not on a
waterbody or more than 84 square metres for a property abutting a waterbody.
i.iii.
If the home industry is conducted within both the dwelling and an accessory
building, the maximum areas identified in subsections (i) and (ii) shall also
apply.
(e)
not more than two (2) persons, other than the owner of the dwelling shall be employed
in a home industry on a full-time basis;
(e)
except in the case of island lots, for every person, other than the owner of the dwelling
employed therein on a full-time basis, one parking space shall be provided but shall not
be located in the front yard or flanking yard;
(f)
except in the case of island lots, one on-site parking space shall be provided for patrons
of the home industry and such parking space shall not be provided in the front yard;
(g)
except in the case of island lots, an accessory building used for a home industry shall
not be located in the front yard or flankage yard of the residential lot; and
(h)
notwithstanding any of the provisions of this By-law, an accessory building used for a
home industry shall have a minimum setback from the property line of five (5.0)
metres.
(i)
Where permitted on shoreline lots, any accessory building used for the home industry,
excepting any portion used for storage in accordance with (j) shall be setback a
minimum of 15 metres from the shore.
(j)
Enclosed buildings may be used for the storage of goods or materials that are part of
the home industry within the minimum setback from the shore. The storage of noxious
or hazardous materials areis not permitted within such building.
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(k) An enclosed accessory building may only be used for the purpose of a home industry
if the lot is a minimum of 0.4 hectares in size.
(k)
On a water access lot, any permitted outside storage shall be set back a minimum of 15
metres from the shore, and shall be screened by a solid vegetative buffer no less than
10 metres in width inland from the shore in order to buffer the outside storage from the
viewing public and adjacent lots.
l)
A home industry is not permitted within a sleep cabin or a secondary dwelling unit.
6.23
HOME OCCUPATION
A hHome oOccupation may be carried out in certain zones, where permitted, subject to the
following:
(a) no person, other than a resident of the dwelling unit and one non-resident employee
may be employed in the home occupation, except in the R1, R2 and R3 Zones where
two non-resident employees may be employed in the home occupation;
(a)
there is no display, other than an un-illuminated sign not greater than one (1.0) square
metre in size, to indicate to persons outside that any part of the dwelling unit or lot is
being used for a purpose other than a dwelling unit, except in the, R1 and R2 Zones
where no such sign is permitted;
(b)
such home occupation is clearly secondary to the main residential use and does not
change the residential character of the dwelling unit nor creates or becomes a public
nuisance, particularity in regard to noise, noxious odours or emission of smoke, traffic
or parking;
(c)
such home occupation does not interfere with television or radio reception;
(d)
there is no outside storage of goods or materials and there is no use of any part of an
accessory building;
(e)
not more than twenty five per cent (25%) of the gross floor area of the dwelling unit or
forty six (46.0) square metres, whichever is the lesser, is used for the purposes of a
home occupation;
(g)
such home occupation uses may include a service or repair shop, a personal service
shop, tradesperson, the office of a doctor, dentist, lawyer, or a real estate agent,
insurance agent, planner, architect, or engineer, professional offices but a clinic, a
hospital, a nursing home, a tea room and an animal hospital shall not be deemed to be
home occupations;
(f) when retail sales are carried out as part of a home occupation located on a lot accessible
by a municipally maintained road, one on-site parking space shall be provided in addition
to any required for the dwelling unit and employees;
(g) (By-law 13-1121) except in the R1 and R2 Zones, one parking space shall be provided
for each employee not residing in the residence.
(h) An enclosed accessory building may only be used for the purpose of a home
occupation if the lot is a minimum of 0.4 hectares in lot area and the home occupation
does not occupy more than 50 square metres of the enclosed accessory building.
(i) A maximum of five (5) parking spaces shall be permitted on mainland properties.
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(j) Where permitted on shoreline lots, any enclosed accessory building used for the home
occupation shall be setback a minimum of 15 metres from the shore.
6.24
LICENSES, PERMITS AND OTHER BY-LAWS
Nothing in this By-law shall exempt any person from complying with requirements of any
other By-law in force within the Municipality or from obtaining any permit, license,
permission, authority or approval required by this or any other By-law of the Municipality
or by any other law in force from time to time.
6.25
LIGHTING BESIDE NAVIGABLE WATER BODIES
Lighting shall not interfere with the view of the night sky or spill onto the surrounding
properties. Lighting shall not exceed a maximum height of nine (9.0) metres and shall be
directed downward.
6.26
LOADING SPACE REGULATIONS AND REQUIREMENTS
a)
Access
Access to loading or unloading spaces shall be by means of a driveway at least six (6.0)
metres wide.
b)
Loading Space Surface
The driveways, loading and unloading spaces shall be constructed and maintained with
a stable surface, which is treated so as to prevent the raising of dust or loose particles
and with provisions for drainage facilities.
c)
Location
The loading space or spaces required shall be located in the interior side or rear yard
unless set back from the street line a minimum distance of twenty-five (25.0) metres.
d)
Addition of Existing Use
When a building or structure has insufficient loading space at the date of passing of
this By-law to comply with the requirements herein, this By-law shall not be construed
to require that the deficiency be made up prior to the construction of any addition. No
addition may be built, however, and no change of use may occur, the effect of which
would be an increase in that deficiency.
e)
Loading Requirements
For every commercial or industrial building having in excess of two hundred (200.0)
square metres gross floor area, located on a lot having access from a municipal road,
one (1) loading space for the first four hundred (400.0) square metres of gross floor
area plus one space (1) for every additional two hundred (200.0) square metres of gross
floor area, or portion thereof. (By-law 13-1121)
6.27
MOBILE HOMES
Mobile homes as defined in the Planning Act are only permitted in Mobile Home Parks.