Zoning By-law No. 2017-154

Temiskaming Shores, Ontario · adopted 2017-12-19

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ZONING BY-LAW By-Law No. 2017-154 Adopted December 19, 2017 Prepared by: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 i City of Temiskaming Shores Comprehensive Zoning By-law Table of Contents Section 1 - Administration and Interpretation ......................................................................................... 1 1.1 Title and Application ..................................................................................................................... 1 1.2 Conformity and Compliance with By-law ..................................................................................... 1 1.3 Interpretation................................................................................................................................ 1 1.4 Administration, Enforcement and Penalties for Contravention ................................................... 2 1.5 Severability .................................................................................................................................... 2 1.6 Technical Revisions to the By-law ................................................................................................. 2 1.7 Transition Provisions ..................................................................................................................... 3 Section 2: Establishment of Zones .......................................................................................................... 4 2.1 Zones & Zone Symbols .................................................................................................................. 4 2.2 Zone Schedules ............................................................................................................................. 5 2.3 Zoning of Water and Islands ......................................................................................................... 5 2.4 Site Specific Zones ......................................................................................................................... 5 2.5 Overlay Zones................................................................................................................................ 5 2.6 Holding Zones ............................................................................................................................... 5 2.7 Determining Zone Boundaries ...................................................................................................... 5 Section 3: Definitions .............................................................................................................................. 7 Section 4: General Provisions ............................................................................................................... 25 4.1 Accessory Uses, Buildings and Structures ................................................................................... 25 4.2 Bed and breakfast establishment: .............................................................................................. 28 4.3 Established building line: ............................................................................................................ 28 4.4 Group home: ............................................................................................................................... 28 4.5 Height Exceptions: ...................................................................................................................... 29 4.6 Home industry: ........................................................................................................................... 29 4.7 Home occupation: ....................................................................................................................... 30 4.8 Landscaping and Buffers: ............................................................................................................ 31 4.9 Lighting: ....................................................................................................................................... 31 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 ii 4.10 Minimum distance separation (MDS) for Farms: ........................................................................ 31 4.11 Motor vehicle service stations and Fuel Pump Islands: .............................................................. 32 4.12 Multiple Uses on One Lot............................................................................................................ 32 4.13 Multiple Zones on One Lot .......................................................................................................... 32 4.14 Non-complying Lots, Buildings and Structures .................................................................... 32 4.15 Non-conforming Uses ................................................................................................................. 33 4.16 Number of Dwelling Units Per Lot: ............................................................................................ 34 4.17 Outdoor Boiler or Wood Furnace ............................................................................................... 35 4.18 Outdoor Storage, Display of Goods and Material ....................................................................... 35 4.19 Permitted Encroachments in Yards: ........................................................................................... 35 4.20 Permitted Uses in All Zones: ....................................................................................................... 36 4.21 Pits and Quarries: ........................................................................................................................ 37 4.22 Prohibited Uses/Activities: .......................................................................................................... 37 4.23 Public road Frontage ................................................................................................................... 38 4.24 Public uses: .................................................................................................................................. 38 4.25 Special Setback Requirements .................................................................................................... 39 4.26 Storage Container Regulations ................................................................................................... 40 4.27 Temporary Uses .......................................................................................................................... 41 4.28 Travel Trailers and Recreational vehicles: .................................................................................. 41 4.29 Water Supply and Sewage Disposal Systems: ............................................................................. 42 4.30 Wayside pits and Quarries and Portable Asphalt Plants ............................................................ 42 Section 5: Parking and Loading Requirements ..................................................................................... 43 5.1 General ........................................................................................................................................ 43 5.2 Parking space Requirements ....................................................................................................... 43 5.3 Queuing Lane Requirements (Drive through service): ............................................................... 48 5.4 Loading space Requirements ...................................................................................................... 49 Section 6: Residential Zones ................................................................................................................. 50 6.1 Establishment of Residential Zones ............................................................................................ 50 6.2 General Prohibition ..................................................................................................................... 50 6.3 Permitted Uses ............................................................................................................................ 50 6.4 Lot Requirements ........................................................................................................................ 52 6.5 Residential Exceptions ................................................................................................................ 53 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 iii Section 7: Commercial Zones ................................................................................................................ 63 7.1 Establishment of Commercial Zones........................................................................................... 63 7.2 General Prohibition ..................................................................................................................... 63 7.3 Permitted Uses ............................................................................................................................ 63 7.4 Lot Requirements ........................................................................................................................ 66 7.5 Commercial Exceptions ............................................................................................................... 68 7.5.1 Exceptions to General Commercial (C1) Zone ............................................................................ 68 7.5.2 Exceptions to General Commercial (C1A) Zone .......................................................................... 69 7.5.3 Exceptions to Highway Commercial (C2) Zone ........................................................................... 69 7.5.4 Exceptions to Neighbourhood Commercial (C3) Zone ............................................................... 70 7.5.5 Exceptions to Tourist Commercial (C4) Zone ............................................................................. 71 Section 8: Industrial Zones .................................................................................................................... 72 8.1 Establishment of Industrial Zones ............................................................................................... 72 8.2 General Prohibition ..................................................................................................................... 72 8.3 Permitted Uses ............................................................................................................................ 72 8.4 Lot Requirements ........................................................................................................................ 74 8.5 Industrial Exceptions ................................................................................................................... 76 8.5.1 Exceptions to General Industrial (M1) Zone ............................................................................... 76 8.5.2 Exceptions to Manufacturing Industrial (M2) Zone.................................................................... 77 8.5.3 Exceptions to Mineral Aggregate Resource (M3) Zone .............................................................. 78 8.5.4 Exceptions to Waste Management (M4) Zone ........................................................................... 78 Section 9: Agricultural and Rural Zones ................................................................................................ 79 9.1 Establishment of Agricultural and Rural Zones ........................................................................... 79 9.2 General Prohibition ..................................................................................................................... 79 9.3 Permitted Uses ............................................................................................................................ 79 9.4 Lot Requirements ........................................................................................................................ 81 9.5 Agricultural and Rural Exceptions ............................................................................................... 82 9.5.1 Exceptions to Agricultural One (A1) Zone .................................................................................. 82 9.5.2 Exceptions to Rural (RU) Zone .................................................................................................... 85 Section 10: Other Zones .......................................................................................................................... 88 10.1 Establishment of Other Zones..................................................................................................... 88 10.2 General Prohibition ..................................................................................................................... 88 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 iv 10.3 Permitted Uses ............................................................................................................................ 88 10.4 Lot Requirements ........................................................................................................................ 90 10.5 Other Zone Exceptions ................................................................................................................ 91 10.5.1 Exceptions to Community Facilities (CF) Zone............................................................................ 91 10.5.2 Exceptions to Open Space Recreational (OS) Zone .................................................................... 92 10.5.3 Exceptions to Environmental Protection (EP) Zone.................................................................... 92 10.5.4 Exceptions to Development (D) Zone ......................................................................................... 92 10.5.5 Exceptions to Mixed Use-Area A (MU-A) Zone........................................................................... 92 Section 11: Overlay Zones ....................................................................................................................... 93 11.1 Establishment of Overlay Zones ................................................................................................. 93 11.2 General Prohibition ..................................................................................................................... 93 11.3 Flood Hazard Constraint Overlay (F): .......................................................................................... 93 11.4 Mining Constraint Overlay (MC): ................................................................................................ 94 Section 12: Holding Zones ....................................................................................................................... 95 Section 13: Temporary Use ..................................................................................................................... 98 Section 14: Enactment ............................................................................................................................ 98 14.1 Repeal of former By-laws ............................................................................................................ 98 14.2 Effective Date .............................................................................................................................. 98 14.3 Enactment (Readings) ................................................................................................................. 98 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 1 City of Temiskaming Shores Comprehensive Zoning By-law By-law 2017-154 December 19, 2017 Section 1 - Administration and Interpretation 1.1 Title and Application 1.1.1 This by-law shall be known as the "City of Temiskaming Shores Zoning By-Law". 1.1.2 The provisions of this By-law apply to all lands, including islands and lands under water, within the boundaries of the City of Temiskaming Shores. 1.2 Conformity and Compliance with By-law 1.2.1 No land, building or structure may be used, erected or altered except in accordance with the provisions of this By-law. 1.2.2 In the event of an inconsistency or conflict between two or more provisions in this By- law, the more restrictive provision applies. 1.2.3 Any existing use or structure established in compliance with the provisions of a predecessor of this By-law or in accordance with a variance granted by the Committee of Adjustment continues to be permitted by this By-law. Any new use or structure, or addition to an existing structure shall meet the provisions of this By-law. 1.2.4 Any use established in contravention or violation of a predecessor of this By-law is deemed to have been established unlawfully and shall not be considered in compliance with this By-law. 1.3 Interpretation 1.3.1 The provisions of this By-law are the minimum requirements except where the word "maximum" is used, in which case the maximum requirement applies. 1.3.2 Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other By-law of the City or any requirement of the Province of Ontario or Government of Canada that may affect the use of lands, buildings or structures in the City. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 2 1.3.3 All measurements in this By-law appear in metric. Appendix "A" has been included for information purposes only and the imperial figures are not exact conversions of the metric figures. Reference shall always be made to the metric figures in determining conformity with the By-law. 1.3.4 Illustrations have been included in Appendix "B" to assist in providing a visual interpretation of various provisions in the By-law. (NOTE: Illustrations to be provided in a subsequent draft.) 1.4 Administration, Enforcement and Penalties for Contravention 1.4.1 This By-law shall be administered and enforced by municipal staff as appointed by the Council of the City. 1.4.2 Any designated employee of the City acting under their direction may, at any reasonable hour and upon producing proper identification, enter and inspect any property but shall not enter any building or structure used as a dwelling unit without the consent of the occupier, or the authority of a Search Warrant issued pursuant to the provisions of the Provincial Offences Act. R.S.O. 1990, c. P33, as amended. 1.4.3 Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O. 1990, c. P. 13, as amended. 1.5 Severability 1.5.1 A decision of a court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law. 1.6 Technical Revisions to the By-law 1.6.1 Revisions may be made to this By-law without the need for a zoning by-law amendment in the following cases: a) Correction of grammar or typographical errors or revisions to format in a manner that does not change the intent of a provision. b) Adding or revising technical information on maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, legends or title blocks. c) Changes to appendices, footnotes, headings, indices, marginal notes, table of contents, illustrations, historical or reference information, page numbering, footers and headers, which do not form a part of this By-law and are editorially inserted for convenience of reference only. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 3 d) Minor adjustments to the boundary of the Hazard (HZ) Zone overlay on a property may be made without amendment to the Zoning By-law, where the Official for the City is satisfied that the mapping of the Hazard (HZ) Zone overlay on a schedule is in obvious error. 1.7 Transition Provisions 1.7.1 This By-law does not prevent the erection or use of a building or structure for which a building permit was issued prior to the date of passage of this by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the building permit has not been revoked. 1.7.2 Where the Committee of Adjustment has issued a decision on a variance to any prior zoning by-law in the City, the decision of the Committee of Adjustment shall continue to apply. 1.7.3 Where a Site Plan Agreement has been entered into prior to the effective date of this by- law, and the timeframes specified in the Agreement have not yet lapsed, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such Site Plan Agreement. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 4 Section 2: Establishment of Zones 2.1 Zones & Zone Symbols 2.1.1 For the purposes of this By-law, the City is divided into the following Zones: ZONE SYMBOL Residential Zones Rural Residential R1 Low Density Residential R2 Medium Density Residential R3 High Density Residential R4 Mobile Home Residential MH Commercial Zones General Commercial C1 General Commercial C1A Highway Commercial C2 Neighbourhood Commercial C3 Tourist Commercial C4 Industrial Zones General Industrial M1 Manufacturing Industrial M2 Mineral Aggregate Resource M3 Waste Management M4 Agricultural and Rural Zones Prime Agricultural A1 Rural RU Other Zones Community Facilities CF Open Space Recreation OS Environmental Protection EP Development D Mixed Use - Agricultural Research Station MU-A Overlay Zones Mining Constraint MC Flood Hazard Constraint F City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 5 2.2 Zone Schedules 2.2.1 The zones set out in Section 2.1 and the boundaries of such zones are shown on the schedules attached to this By-law, being Schedules A1 to L6. The schedules form part of this By-law. 2.3 Zoning of Water and Islands 2.3.1 Where a zone boundary abuts a waterbody, such zone shall be deemed to extend into the waterbody and to apply to any patented water lots, Crown lake bed or any land created by changing lake levels, and to extend over all docks, boathouses, boat ports and any other structures appertaining to the lot. 2.3.2 All islands not identified as being within a Zone on the Zone Schedules shall be zoned Open Space (OS). 2.4 Site Specific Zones 2.4.1 Where a Zone symbol on the attached Schedule(s) is followed by a dash "-" and a number, such as "R1-17", the number refers to a site-specific exception that applies to the lands noted. 2.5 Overlay Zones 2.5.1 Where a property is identified within an Overlay zone on the schedules to this by-law, the property shall be subject to the provisions in Section 11. 2.6 Holding Zones 2.6.1 Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter "H" and a number, no person shall use the land to which the letter "H" applies for any use other than the use which existed on the date this By-law was passed, until the "H" is removed in accordance with the policies of the Official Plan and the provisions of Section 12 of this By-law and/or the requirements of any amending By-law, and the requirements of the Planning Act, as amended. 2.7 Determining Zone Boundaries 2.7.1 When determining the location of zone boundaries as shown on any Schedule to this By- law, the following provisions apply: a) a boundary indicated as following lot lines shown on a registered plan of subdivision, or reference plan, or the municipal boundaries of the City shall follow such lot lines; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 6 b) a boundary indicated as following a highway, street, lane, railway right-of-way, utility corridor or watercourse shall be the centerline of such highway, street, lane, railway right-of-way, utility corridor or watercourse; c) where a boundary passes through a lot and the distance is not indicated, the Zone boundary shall be measured using the scale of the Schedules; d) where none of the above provisions apply, the Zone boundary shall be scaled from the approved Schedules. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 7 Section 3: Definitions 3.1 ABATTOIR: a slaughter house designed for the purpose of killing animals, skinning, dressing and cutting up of carcass, wrapping for sale for human consumption with cooler and freezer storage, smoking, curing or manufacture of meat by-products and includes indoor confinement of animals while awaiting slaughter but shall not include any process related to rendering plants such as the manufacture of tallow, grease, glue, fertilizer or any other inedible product. 3.2 ACCESSORY: a use, building or structure that is commonly incidental, subordinate and exclusively devoted to the principal use, building or structure and is located on the same lot. 3.3 ADULT ENTERTAINMENT PARLOUR: an establishment in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations. 3.4 AGRICULTURAL PROCESSING ESTABLISHMENT: the use of land, buildings and structures for the processing and storage of agricultural produce, including the initial cleaning, culling, storing or packing of products produced on the farm or in conjunction with farms in the vicinity which produce the same agricultural products, and in preparation for shipment to food processing establishments or market. Without limiting the generality of the foregoing, an agricultural processing establishment shall include a feed and grain mill or a seed mill. 3.5 AGRICULTURAL PRODUCE WAREHOUSE: a building or part of a building used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail use for the sale of such agricultural produce to the general public, but does not include an agricultural processing establishment. 3.6 AGRICULTURAL USE: general farming and without limiting the generality of the foregoing includes the raising and harvesting of field, bush, tree or vine crops, truck gardening, nurseries, greenhouses, dairying, animal husbandry, raising of poultry, apiaries, and the sale of produce grown on the farm from which the sale is made. A farm residence for the owner of the farm and accommodation for employees engaged in the operation of the farm is permitted. 3.7 AGRICULTURAL PRODUCT SALES OUTLET: a building, part of a building, or a stand in which farm products produced on the farm are offered for sale at retail, but shall not include an abattoir. 3.8 AGRICULTURAL SERVICES: the use of land, building or structure for the purposes of buying and selling commodities and services that are necessary to support agricultural operations but does not include any manufacturing, assembling, processing, warehousing, or construction uses. 3.9 AGRICULTURAL SUPPLY/IMPLEMENT DEALERSHIP: a building, structure or area where farm implements, equipment and farm supplies are kept for rental and/or sale at retail and may include City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 8 facilities for the servicing of such implements or equipment but shall not include any other establishment otherwise defined or classified herein. 3.10 ALTER: a) When used in reference to a building, structure or part thereof: i. to change any one or more of the external dimensions of such building or structure; or ii. to change the use of such building or structure; or iii. to change the number of uses or dwelling units contained therein. b) When used in reference to a lot: i. to change the boundary of such lot with respect to a street or lane; or ii. to change any dimension or area, relating to such lot, which is covered herein by a zone provision; or iii. to change the use of such lot; or iv. to change the number of uses located thereon. 3.11 BED AND BREAKFAST ESTABLISHMENT: a dwelling, or part of a dwelling, in which not more than 4 bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in which the proprietor resides and supplies lodgings with or without meals for the persons so accommodated, but does not include a boarding house, group home, or tourist establishment. 3.12 BOARDING HOUSE: premises in which accommodation is supplied for remuneration to more than four (4) persons with or without meals, in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants, and shall not include a hotel/motel, hospital, long term care home or retirement home. 3.13 BOATHOUSE: a detached accessory building or structure, that is located over the lake/river bed or adjacent thereto, which is designed or used for the sheltering of a boat or other form of water transportation and may include storage of household equipment incidental to the residential use permitted on the lot. 3.14 BOAT PORT: a detached accessory structure used for the berthing, sheltering or storing of boats and related equipment that is roofed, but not enclosed by more than one wall and is built, founded or anchored near, at or over the shoreline of a navigable waterway or on land. 3.15 BUFFER AREA: a landscaped or naturally vegetated strip of land devoted exclusively to the provision of visual amenity and a physical barrier between adjacent uses. 3.16 BUILDING: any structure used or designed to be used for shelter, accommodation or enclosure of persons, animals or chattels other than a lawful boundary wall or fence. 3.17 BUILDING LINE: a line within a lot drawn parallel to a lot line which establishes the minimum distance between that lot line and any building or structure, which may be erected. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 9 3.18 BUILDING, MAIN: The building which contains the principal use of the lot on which the building is located. 3.19 BUILDING OR STRUCTURE, ACCESSORY: a detached building or structure the use of which is customarily incidental and subordinate to a principal use, building or structure and located on the same lot. 3.20 BUILDING SUPPLY ESTABLISHMENT: a building or structure in which building or construction and home improvement materials are offered or kept for sale and may include the fabrication of certain materials related to home improvements, and may include outdoor storage. 3.21 BULK SALES ESTABLISHMENT: the use of land, building or structure for the purposes of buying and selling fuels, ice and allied commodities, but does not include any manufacturing, assembling or processing uses. 3.22 BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE: a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff service clients or patients who seek advice, consultation or treatment. 3.23 CABIN: a separate building designed to provide only sleeping accommodation for the travelling or vacationing public. 3.24 CABIN, HOUSEKEEPING: a separate building designed to provide sleeping accommodations and facilities for the preparation and cooking of food for the travelling or vacationing public. 3.25 CARPORT: a partially enclosed structure attached to a dwelling, with a roof, which is designed or used for the storage of one or more private vehicles. 3.26 CEMETERY: land that is set apart or used as a place for interment of human remains, or for the scattering of cremated human remains in accordance with The Funeral, Burial and Cremation Services Act, 2002, and amendments thereto. A cemetery may include such accessory uses as a mausoleum and columbarium. 3.27 CHILD CARE CENTRE: premises operated by a child care provider licensed under the Child Care Modernization Act, SO 2014, C. 11, to operate a child care centre at the premises. 3.28 COMMERCIAL USE: the use of land, building or structure for the purposes of buying or selling commodities and supplying services, as distinguished from such uses as manufacturing or assembling of goods, bulk sales establishments, warehouses and contractors' establishments. 3.29 CONSERVATION USE: land used solely for the preservation and enhancement of the natural environment and may include a conservation area, and fish and wildlife management. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 10 3.30 CONTRACTOR'S ESTABLISHMENT: the premises of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the wholesale or retail sale of building supplies or home improvement supplies. 3.31 CONVENIENCE STORE: a retail store serving the daily or occasional needs of the residents of the immediate area with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware, magazines and/or newspapers. 3.32 CREMATORIUM: a building that is fitted with appliances for cremating human remains and that has been approved as a crematorium or established as a crematorium in accordance with the requirements of The Funeral, Burial and Cremation Services Act, 2002, or a predecessor of it and includes everything necessarily incidental and ancillary to that purpose. 3.33 DOCK: a structure built at or anchored to the shore at which boats or other floating vessels are berthed or secured to and which may provide a foundation for a boathouse. 3.34 DRIVING RANGE: a public or private area operated for the purpose of developing golfing techniques, but excluding golf courses. 3.35 DRY CLEANING ESTABLISHMENT: a building or part of a building in which the business of dry cleaning, dry dyeing, cleaning, spotting, stain removal or pressing of articles and/or goods of fabric is carried on, using chemicals which emit no odours or fumes outside the building. 3.36 DWELLING: a residential building designed for the occupancy by one or more persons, containing one or more dwelling units as a principal use thereof, but shall not include a commercial accommodation in a tourist establishment, boarding house, mobile home with or without a foundation, or institutional uses. 3.37 DWELLING, APARTMENT: a building containing five or more dwelling units, each unit has an independent entrance either directly or through a common vestibule, but excludes a street townhouse. 3.38 DWELLING, DUPLEX: a building that is divided horizontally into two dwelling units, each of which has an independent entrance either directly or through a common vestibule and which has one set of municipal services and is located on a single lot. 3.39 DWELLING, MOBILE HOME: any dwelling that is designed to be mobile, whether or not the running gear has been removed, or constructed or manufactured to provide a permanent residence for one or more persons in accordance with C.S.A. Standard Z240, but does not include a travel trailer or tent trailer or trailer otherwise designed to a C.S.A. Standard Z241 or A277. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 11 3.40 DWELLING, MODULAR: a factory built home which is a designed and built to be transported to a site. It may contain parts that can be folded, collapsed, or telescoped when being towed and expanded later to provide additional floor space, and will sit on a permanent foundation. The shortest side of a modular dwelling shall not be less than 6.1 metres in width. The modular dwelling is designed for long term year round occupancy. It has facilities for cooking, eating, living, sleeping and sanitation. A modular dwelling does not include a park model trailer, travel trailer, tent trailer or trailer otherwise designed to a C.S.A. Standard Z241. For the purposes of this definition, a modular home certified in accordance with an A277 Standard is required, while those having either a Z240, Z241 Standard or a combination of either of these with the A277 Standard are not permitted. 3.41 DWELLING, MULTIPLE: a building containing three or four dwelling units, each unit has an independent entrance either directly or through a common vestibule, but excludes a street townhouse. 3.42 DWELLING, STREET TOWNHOUSE: a building that is divided vertically by common walls into three or more dwelling units, each of which has independent entrances to a front yard and rear yard immediately abutting the front and rear walls of each dwelling unit, which may have separate sets of municipal services and which may be located on separate lots. 3.43 DWELLING, SEMI-DETACHED: a building that is divided vertically by a common wall into two dwelling units, each of which has an independent entrance either directly or through a common vestibule, which may have separate set of municipal services and which may be located on two separate lots. 3.44 DWELLING, SINGLE DETACHED: a completely detached dwelling unit. 3.45 DWELLING UNIT: A suite of habitable rooms which is located in a building, is used or intended to be used in common by the occupants as a single, independent and separate housekeeping establishment; and contains food preparation and sanitary facilities provided for the exclusive common use of the occupants thereof. 3.46 DWELLING UNIT, SECOND: A dwelling unit permitted under Section 4.16.2, accessory to the main use of the property and contained within or attached to the main building or in the second storey of, or attached to, an attached private garage. 3.47 DWELLING UNIT IN A NON-RESIDENTIAL BUILDING: A dwelling unit located within a non- residential building, to which entrance is gained either directly or through a common vestibule. 3.48 EDUCATIONAL ESTABLISHMENT: the use of lands, buildings or structures as a training centre, an elementary or secondary school, private school, university or community college authorized by the Province of Ontario. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 12 3.49 EQUESTRIAN FACILITY: a commercial establishment where horses are housed or boarded and are available for riding, riding instruction, agility training or jumping. 3.50 EQUIPMENT SALES, SERVICE AND RENTAL ESTABLISHMENT: premises in which machinery and equipment are offered or kept for sale, rent, lease or hire under agreement for compensation, and which are also serviced, but shall not include any other establishment defined or classified in this By-law. 3.51 ERECT: to build, construct, reconstruct, alter or relocate and without limiting the generality of the foregoing is taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. 3.52 ESTABLISHED BUILDING LINE: the average setback of existing buildings. A building line is considered to be established when a minimum of 3 buildings have been erected on any one side of a continuous 100 metres of land with street frontage. 3.53 EXISTING: a lot, use, building or structure lawfully existing on the day of the passing of this by-law. 3.54 EXTERIOR LIGHTING: any form of artificial illumination located outside of a building or structure. 3.55 FARM RESIDENCE: a single detached dwelling located on the same lot as an agricultural use operation and occupied by the owner of the farm or by some person engaged in the operation of the farm. 3.56 FENCE: a barrier for enclosing, bounding, delineating or protecting land. 3.57 FINANCIAL ESTABLISHMENT: a building, or part thereof, which is used to provide for financial services in which money is deposited, kept, lent, or exchanged, including accessory clerical functions and shall include a bank, trust company, credit union, or other similar banking service. 3.58 FLOOD HAZARD CONSTRAINT AREA: the horizontal area bordering a lake, swamp, river, stream, or water course which is subject to flooding. 3.59 FLOODPROOFING: structural changes and /or adjustments incorporated into the basic design and/or construction or alterations of individual buildings, structures or properties to protect them from flood damage. 3.60 FLOOR AREA: the total horizontal floor area within a building which is measured between the exterior faces of the exterior walls or from the centre line of a common wall, but excluding any private garage, breezeway, porch, verandah, balcony, sunroom, attic, cellar, and any floor area with a ceiling height less than 2 metres (6.6 feet). 3.61 FLOOR AREA, GROSS: the total floor area of all storeys exclusive of any part of the building or structure below finished grade which is used for heating equipment, or for the storage or parking City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 13 of motor vehicles, breezeways, porches, verandahs, decks, locker storage and laundry facilities, and other non-habitable accessory uses. 3.62 FORESTRY USE: the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection of water supplies, and preservation of the recreation resource. 3.63 FUNERAL HOME: a commercial establishment providing funeral supplies and services to the public. 3.64 GARAGE, PRIVATE: an accessory building or a portion of the main dwelling unit which is designed or used for the storage of one or more private vehicles and the storage of household equipment incidental to residential occupancy. 3.65 GOLF COURSE: a public or private area operated for the purpose of playing golf including a par three golf course and including such ancillary uses as a driving range, a miniature golf course, or a clubhouse. 3.66 GRADE, ESTABLISHED: the average elevation of the surface of the ground at the base of a structure, exclusive of any embankment in lieu of steps. 3.67 GREENHOUSE, NURSERY, GARDEN CENTRE: the use of land, buildings or structures for the growing, display and wholesale or retail sale of trees, shrubs, flowers, plants and similar vegetation. May also include the display and sale of landscaping, lawn and garden equipment, furnishings and supplies. This definition shall not include any premises used for the growing of mushrooms. 3.68 GROCERY STORE: a retail establishment engaged in the business of selling primarily groceries, meat, fruit and vegetables as well as other personal, convenience, and household items to the general public. 3.69 GROUP HOME: a single housekeeping unit in a dwelling in which three to ten residents, excluding staff or receiving family, live under responsible supervision consistent with the requirements of its residents. The home is licensed or approved under Federal or Provincial statutes. 3.70 HABITABLE ROOM: a room designed for human occupancy with living, dining, sleeping, kitchen, or washroom facilities, and includes an enclosed sunroom or screened room. This definition does not include any private garage, carport, porch, verandah, unfinished attic, or unfinished basement. 3.71 HEALTH SERVICES ESTABLISHMENT: premises which provide health or medical services such as a chiropractor, dental, optometrist, medical clinic, associations or organizations formed to provide medical or health services, but which does not include a hospital. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 14 3.72 HEAVY EQUIPMENT SALES, SERVICE AND RENTAL ESTABLISHMENT: the use of land for either the sales, service and rental of motorized construction equipment (e.g. bulldozers, loaders, backhoes, forklifts, etc.) or the contracting out of truck or transports including the outside storage of this equipment. 3.73 HEIGHT OF BUILDING: the vertical distance of a building measured between the average established grade at the exterior walls and: i) the highest point of the roof surface of a flat roof; ii) the roof deck of a mansard roof; iii) the mid-point between the eaves and the ridge of a gable, hip, gambrel or other type of pitched roof; 3.74 HOME FOR SPECIAL CARE: a home for the care of persons requiring nursing, residential or sheltered care, and that is licensed and/or inspected as a home for special care under the Homes for Special Care Act, RSO 1990, C H12. 3.75 HOME INDUSTRY: a small-scale light industrial use, such as a carpentry shop, metal working shop, a welding shop, an electrical shop, small engine repair or similar use, that provides services or wares to the community, including on-line sales and which is an accessory use to a single detached dwelling. For the purposes of this By-law, the repairing of motor vehicles, mobile homes and trailers is not a home industry. 3.76 HOME OCCUPATION: a gainful occupation conducted in a dwelling which is secondary to the use of the dwelling as a private residence and the nature and scope of which is compatible with the residential character of the dwelling. 3.77 HOSPITAL: any institution, building or other premises that is established for the purposes of the treatment of patients and that is approved under the Public Hospitals Act, R.S.O. 1990, Ch. P.40, as amended, as a public hospital. 3.78 HOTEL/MOTEL: a commercial establishment that consists of one building or two or more connected or adjacent buildings consisting of at least four individual rental units which cater to the needs of the travelling public by furnishing sleeping accommodations for remuneration which may or may not supply food, but does not include a boarding house, a group home, or similar facility. 3.79 INDUSTRIAL USE: the use of land, building or structure designed for the purpose of fabricating, manufacturing, assembling, making, printing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale any goods, substance, article or thing, or any part thereof, including the storage of building and construction equipment and materials, and such accessory uses as transportation, wholesaling, storage or shipping, but excluding any obnoxious industry. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 15 3.80 KENNEL: a building or structure which is municipally licensed where animals are boarded or trained, given medical treatment or housed for similar purposes, for which compensation is paid and shall include a Humane Society shelter or pound. 3.81 LANDSCAPING: any combination of vegetation including trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property, to regulate drainage, and to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land. 3.82 LAUNDROMAT: 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. 3.83 LIGHT INDUSTRIAL USE: the manufacturing, assembly or processing of component parts or finished products suitable for retail trade and does not include industries whose operations involve the emission of any air, water or noise pollution that creates a nuisance outside of the building. 3.84 LOADING SPACE: an area of land which is provided and maintained upon the same lot or lots upon which the main use is located, for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded or unloaded from such vehicle(s). 3.85 LONG TERM CARE HOME: residential premises for persons requiring nursing care and that is licensed as a Long Term Care Home under the Long Term Care Homes Act, SO 2007, C.8. 3.86 LOT: any parcel of land which can be legally conveyed under the Planning Act, R.S.O. 1990, c P.13, as amended. 3.87 LOT AREA: the total horizontal area within the lot and, in the case of a corner lot having street line rounding at the corner with a radius of six (6) metres or less, the lot area of such lot is to be calculated as if the lot lines were projected to this point of intersection. 3.88 LOT, CORNER: a lot bounded on two or more sides by one or more public roads. 3.89 LOT COVERAGE: the percentage of the lot area covered by all buildings and structures, a) including accessory buildings, open decks greater than 2 metres in width, porches and verandahs; b) excluding accessible ramps and lifts, parking areas, driveways, open decks less than 0.6 metres above the established grade, walkways, stairways, docks and swimming pools; c) excluding underground structures. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 16 3.90 LOT FRONTAGE: in the case of a corner lot, an interior lot or a through lot, the horizontal distance between the 2 lot lines which intersect the front lot line of a lot, such distance being measured along a line which is parallel to the front lot line and distant from the from lot line a distance equal to the minimum front building setback required herein for the specified use in the zone where such lot is located. 3.91 LOT, INTERIOR: a lot other than a corner lot or a through lot. 3.92 LOT LINE: any boundary of a lot. 3.93 LOT LINE, EXTERIOR SIDE: a side lot line that abuts a public road or an unopened municipal road allowance. 3.94 LOT LINE, FRONT: the lot line that divides the lot from the public road, provided that, i) in the case of a corner lot, the shorter lot line that abuts the public road shall be the front lot line; b) in the case of a lot that abuts a navigable watercourse, the lot line at the shoreline shall be the front lot line; c) in the case of a lot that does not abut a public road, the lot line where the principal access to the lot occurs shall be considered the front lot line; d) in the case of a through lot, i) where it abuts two streets, the lot line abutting the street from which access is primarily gained to the lot; ii) where it abuts a street and a navigable watercourse, the lot line along the navigable waterway. 3.95 LOT LINE, INTERIOR SIDE: a side lot line which is not an exterior side lot line. 3.96 LOT LINE, REAR: the lot line furthest from or opposite to the front lot line. 3.97 LOT LINE, SIDE: a lot line other than a front or rear lot line. 3.98 LOT, THROUGH: a lot other than a corner lot, having separate frontages on two public roads; or a lot other than a corner lot having separate frontages on a public road and a waterbody. 3.99 MARINA: a commercial establishment or premises, usually containing docking facilities or mooring facilities where boats or boat accessories are berthed, stored inside or outside, serviced, repaired, constructed or kept for sale or rent and where facilities for the sale of marine fuels or lubricants, accessory retail sales and a taxi and/or barging service are provided and where waste water pumping facilities may be provided. A marina may include a Marine sales and service establishment. 3.100 MARINE SALES AND SERVICE ESTABLISHMENT: a building or part of a building and associated lands where new and used boats, boat accessories, snowmobiles, and all-terrain vehicles are City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 17 displayed and offered for sale at retail or for rental, and/or where marine, snowmobile and all- terrain vehicle equipment is serviced or repaired and may include boat storage facilities. 3.101 MARKET: an area of land consisting of buildings, stalls, or an open area used primarily for the display and retailing of farm produce, and without limiting the generality of the foregoing, meat, poultry, foodstuffs, wares, or commodities. 3.102 MARIJUANA PRODUCTION FACILITY: The use of land, or a building or structure or part thereof that is used for growing, producing, processing, testing, destroying, storing, packaging or shipping of marijuana or cannabis authorized by a license issued by the Federal Minister of Health under the Controlled Drugs and Substances Act SC 1996, c 19, as amended, but shall not include any other establishment or use as may be defined or classified in this By-law. 3.103 MICRO BREWERY/WINERY/DISTILLERY: a building used for the making of beer or wine or spirits on a small scale, and includes tank and barrel storage, bottling facilities. It may include tasting and dining facilities and the retail sale of related items, which comprise a maximum of thirty-five per cent (35%) of the total floor area of the facility. 3.104 MINERAL MINING OPERATION: Mining operations and associated facilities, or, past producing mines with remaining mineral development potential that have not been permanently rehabilitated to another use. 3.105 MINIMUM DISTANCE SEPARATION (MDS): the mathematical tool to determine the required distance between livestock and manure storage facilities and non-agricultural uses, as required by the Ministry of Agriculture, Food and Rural Affairs. 3.106 MOBILE HOME PARK: a parcel of land used for the use and occupancy of mobile home dwellings and includes all accessory buildings necessary to the operation of said park. 3.107 MOBILE HOME SITE: an area of land within a mobile home park which is used as the site of, and pertains to, not more than one (1) mobile home dwelling. 3.108 MOTOR VEHICLE: a vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c H.8, as amended. 3.109 MOTOR VEHICLE BODY REPAIR SHOP: an establishment used for making repairs or alterations to the body or paint work of any vehicle. Accessory uses may include a towing service and the rental of motor vehicles to customers whose motor vehicles are being repaired. This definition shall not include a salvage yard. 3.110 MOTOR VEHICLE, COMMERCIAL: a commercial motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c H.8, as amended. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 18 3.111 MOTOR VEHICLE DEALERSHIP: an establishment for the storage, sale, rental and servicing of new or used vehicles and may include outdoor storage of vehicles but all other facilities must be within a building. 3.112 MOTOR VEHICLE RENTAL ESTABLISHMENT: a retail establishment for the rental of motor vehicles to the general public. 3.113 MOTOR VEHICLE SERVICE STATION: a building or a clearly defined space on a lot where gasoline, oil, tires, batteries and other similar products for the maintenance of motor vehicles may be sold or where vehicles may be oiled, greased and subjected to repairs essential to the actual operation of motor vehicles, and includes a fuel bar. 3.114 MOTOR VEHICLE TOWING ESTABLISHMENT: an establishment operating a tow-truck service for compensation, including storage facilities for towed vehicles. For the purposes of this definition, a tow truck is a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of vehicles and other objects, and includes a transporter designed to transport more than one vehicle on a non-emergency basis. 3.115 MOTOR VEHICLE WASHING ESTABLISHMENT: an establishment for washing, cleaning and polishing motor vehicles by means of either production line cleaning methods and/or mechanical devices and includes a coin-operated self-service operation but does not include a motor vehicle service station, a motor vehicle body repair shop or a motor vehicle dealership where car washing operations are incidental to the principal activity of business. 3.116 NAVIGABLE WATERCOURSE: any body of water that is capable of affording reasonable passage of watercraft of any description for the purpose of transportation, recreation or commerce, and includes any river, stream or lake considered navigable by law. 3.117 NON-COMPLYING: the use of land, building or structure which does not comply with the provisions and/or standards of this By-law for the zone in which such land, building or structure is situated 3.118 NON-CONFORMING: a use, building or structure which is not a use permitted in the zone in which the said use is situated. 3.119 OBNOXIOUS USE: any use which shall be a nuisance to the occupants or owners of any neighbouring land or buildings by reason of the emission from the said land or any part thereof, or the creation thereon, of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, waste or depositing or leaving unsightly objects or chattels thereon or otherwise. 3.120 OUTDOOR RECREATION, ACTIVE: a public or private area operated for the purpose of playing golf, driving ranges, miniature golf courses, tennis courts, outdoor skating rinks, recreational trails, public park, private park, ski-lifts and similar uses, together with necessary and accessory buildings and structures, but shall not include a theme park. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 19 3.121 OUTDOOR RECREATION, PASSIVE: the use of land which is typically unobtrusive and not disturbing to the surrounding natural landscape and may include walking trails, natural interpretive facilities, bird and wildlife observation areas and similar uses involved in the enjoyment of the natural environment. 3.122 OUTDOOR STORAGE: the storage of goods in the open air or in unroofed areas or portions of buildings which may be open on the sides, but shall not include a limited display of goods and products for advertising and demonstration purposes. 3.123 PARK: an area permanently devoted to recreational uses and generally characterized by its natural, historic or landscaped features, and used for both passive and active forms of recreation. 3.124 PARK, PUBLIC: a park owned or controlled by a Public Authority or by any Board, Commission or other Authority established under any statute of the Province of Ontario, or the Government of Canada. 3.125 PARKING AREA: An area or structure accessory to a principal use for the parking of motor vehicles and includes any related driveways and parking spaces, but shall not include any part of a public road or lane, or a parking lot. This definition may include a carport or private garage. 3.126 PARKING LOT: Premises used for the parking of motor vehicles as accommodation for visitors, clients, customers, residents or employees whether free or for profit or gain. 3.127 PARKING SPACE: a portion of a parking area, exclusive of any driveways, which may be used for the temporary parking or storage of a motor vehicle. 3.128 PERSONAL SERVICE ESTABLISHMENT: a business which furnishes a service to meet some general need or to benefit the personal needs of individuals, such as a barber shop, beauty salon, massage therapist or spa, but excludes funeral homes and any manufacturing or fabrication of goods for sale. 3.129 PIT: a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. 3.130 PLACE OF ASSEMBLY: a place designed and used to accommodate gatherings of people such as clubs, reception halls, conference centres, legion halls, community halls and lodges, and for events such as trade shows, banquets, and political or other conventions. 3.131 PLACE OF ENTERTAINMENT: the use of a building, or part thereof, for a fee for the provision of entertainment or amusement without the necessity of active participation by the user and includes, without limiting the generality of the foregoing, such uses as a movie theatre, auditorium, public hall, billiard or pool room, amusement arcade, dance hall, or music hall, but City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 20 does not include any place of entertainment or amusement otherwise defined or classified in this By-law. 3.132 PLACE OF RECREATION: the use of a building, or part thereof, for a fee, for the provision of athletic and amusement facilities involving the active participation of the user in a sports-related activity and includes without limiting the generality of the foregoing, such facilities as racquet courts, fitness clubs, billiard parlours, bowling alleys, arenas, riding stables, or water sports, but shall not include a theme park. 3.133 PLACE OF WORSHIP: a building dedicated to religious worship and may include such accessory uses as a nursery school, an assembly hall, a school of religious education, convent, monastery or parish hall. 3.134 PRINCIPAL USE: the predominant purpose for which any land, building, structure or premises, or part thereof, is used, designed, arranged, occupied or maintained. 3.135 PRIVATE HOME CHILD CARE: The provision of temporary care or supervision of children by a child care provider for unlicensed child care or in-home child care, as defined and regulated under the Child Care Modernization Act, SO 2014, C.11. 3.136 PRINTING AND PUBLISHING ESTABLISHMENT: a building or part of a building in which the business of producing books, newspapers or periodicals, by mechanical means, and reproducing techniques, such as photocopying, is carried on, and may include the sale of newspapers, books, magazines, periodicals, or like, to the general public. 3.137 PUBLIC USE: the use of land, building or structure by a public authority, for the purpose of providing its services to the public, or carrying out its public mandate. 3.138 QUARRY: an area where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit or mine. 3.139 RECREATIONAL VEHICLE: a vehicle which provides living, shelter and sleeping accommodation for short periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, tent trailers, pickup coaches, motorized campers, motorized homes or other similar vehicles but shall not include a mobile home. 3.140 RECREATIONAL VEHICLE SALES AND SERVICE ESTABLISHMENT: a building, or part of a building, where new or used recreational vehicles and related equipment and accessories are displayed for sale or rent in conjunction with which there may be facilities for the servicing of such vehicles. 3.141 RECONSTRUCTION OR RENOVATION: the repair and restoration of a building to good condition, but shall not include its replacement. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 21 3.142 RECYCLING FACILITY: a place where second-hand goods, including waste paper, bottles, automobile tires, clothing, are collected to be sorted, and a place where used lumber and used building materials are stored for sale or resale. 3.143 RESIDENTIAL OCCUPANCY: the occupancy or use of a building or part of a building by persons for whom sleeping accommodation is provided but who are not harboured or detained there to receive medical care or treatment or who are not involuntarily detained there. 3.144 RETIREMENT HOME: a residential complex that is occupied primarily by persons who are 65 years of age or older, where the operator of the home makes at least two care services available, directly or indirectly, to the residents, and that is licensed as a retirement home under the Retirement Homes Act, SO 2010, C.11. A residential complex means a building or related group of buildings in which one or more rental units of living accommodation are located, and includes all common areas and services and facilities available for the use of the residents of the complex. 3.145 RESTAURANT: premises where food is offered for sale or sold to the public for immediate consumption and includes such uses as a restaurant, dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand. 3.146 RESTAURANT, DRIVE-THROUGH: a restaurant which serves or is intended to serve patrons seated in a motor vehicle parked on a parking lot or driveway. 3.147 RETAIL STORE: a building or part thereof where goods, services, wares, merchandise, substances, articles or things are offered or kept for sale or rent by retail directly to the public, but does not include any manufacturing process or construction uses. This definition shall not include any establishment otherwise defined herein or specifically named elsewhere in this By-law. 3.148 ROAD, PUBLIC: an improved public highway which affords the principal means of access to an abutting lot and, which is dedicated, assumed and/or maintained by and under the jurisdiction of a public authority. 3.149 SALVAGE YARD: a place where motor vehicles and other scrap materials and salvage are wrecked or disassembled and resold, and includes the storage of motor vehicle tires. 3.150 SAWMILL: a building or structure used to process wood from raw lumber to another use and may include land used for outdoor storage of raw timber or finished lumber or products. 3.151 SELF STORAGE FACILITY: a commercial establishment consisting of a building or group of buildings used for the storage of household goods, wares, substances, or articles but shall not include a cartage depot, transportation depot, or warehouse. A truck body, bus coach, streetcar body or railway car, whether on wheels or not, shall not be used as part of a self-storage facility. A storage container may be used as part of a self-storage facility. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 22 3.152 SENSITIVE LAND USE: means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to: residences, child care centres and educational and health facilities. 3.153 SERVICE ESTABLISHMENT: any building or part thereof where household appliances, machinery, and home entertainment equipment are sold, serviced or repaired, but excludes any manufacturing or processing. 3.154 SETBACK: the distance between any lot line abutting a public road or body of water and the nearest part of any main wall of any building or structure. 3.155 SEWER AND WATER SERVICES (Full Municipal): both water and sewage disposal infrastructure that is owned and operated by the City and is designed to adequately service the water and sewage disposal needs of a use, building or lot. 3.156 SEWER AND WATER SERVICES (Partial Municipal): infrastructure where one of the water or sewage disposal facilities is owned and operated by the City and the other is privately owned and operated, and is designed to adequately service the water or sewage disposal needs of a use, building or lot. 3.157 SEWER AND WATER SERVICES (Private): infrastructure on a lot which is privately owned and operated, which is designed to service the water and sewage disposal needs of that lot, and without limiting the generality of the foregoing, shall include a private septic system and a private well. 3.158 SHORELINE: the line where the normal or controlled high water mark of a navigable watercourse meets the land. 3.159 SHORELINE BUFFER: a natural area, adjacent to a shoreline, maintained or re-established in its natural predevelopment state (with the exception of minimal pruning of vegetation and the removal of trees for safety reasons) for the purpose of protecting natural habitat and water quality and minimizing visual impact of buildings or structures on a lot. Where the natural shoreline of a property is a natural beach or is a rock outcropping with little or no soil, such shall be deemed to comply. A shoreline buffer shall not include a grassed or lawn area. 3.160 STORAGE CONTAINER: a rail or seaway container which is traditionally used for the shipping and transportation of goods and materials. 3.161 STOREY: that portion of a building or structure between any floor level of such building or structure and the floor, ceiling or roof next above such floor level. 3.162 STREET LINE: any boundary line of a public road or highway. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 23 3.163 STRUCTURE: anything that is erected, built or constructed of parts joined together or requiring a foundation to hold it erect and located under, on or above ground level, including anything prefabricated on or off the site. For the purposes of this By-law, a structure includes any shelter, canopy, enclosure or similar structure covered with fabric, polyester or similar covering material that is secured to the ground or another structure. 3.164 SWIMMING POOL: a structure constructed either in-ground or above ground, that is filled with water and used for swimming or recreation. 3.165 TOURIST CAMPING ESTABLISHMENT: the use of land, buildings or structures for commercial camping on a short-term basis where campsites are rented to and used by the travelling public. A tourist camping establishment may include accessory buildings, structures or facilities incidental to the principal use, such as common washrooms, recreational facilities, a convenience store, or an accessory dwelling unit for the owner or operator. A tourist camping establishment does not include the use of a campsite as a dwelling, or a use otherwise defined by this By-law. 3.166 TOURIST ESTABLISHMENT: the use of land, buildings or structures for the provision of commercial roofed accommodation where commercial accommodation units are offered for rent on a short term or transient basis to the public who is travelling, vacationing, engaged in leisure or recreation, or participating in conventions or meetings. A tourist establishment may include accessory uses, amenities, services, equipment or facilities, including a restaurant, normally incidental to such accommodation. A tourist establishment does not include a dwelling unit except for a dwelling unit for the owner or operator, or staff quarters that are accessory to the principal use. 3.167 TRAILER: a vehicle that is at any time drawn upon a highway by a motor vehicle, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. 3.168 TRANSPORTATION DEPOT: an establishment where buses, trucks, or tractor trailers are rented, leased, kept for hire, stored or parked for commercial purposes only. 3.169 USE: the purpose for which a lot, building or structure or any combination thereof is designed, constructed, arranged, occupied or maintained. 3.170 VETERINARY ESTABLISHMENT: premises in which facilities are provided for the prevention, cure and alleviation of disease and injury to animals and in conjunction with which there may be facilities provided for the sheltering of animals during the treatment period, but does not include a kennel or a research facility 3.171 WAREHOUSE: A building or structure used for the storage and/or distribution of goods, wares, merchandise, articles and/or things, but does not include any storage and/or distribution of goods connected with any salvage operation. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 24 3.172 WASTE DISPOSAL SITE: premises where garbage, refuse or domestic or industrial waste is disposed of or dumped and which is approved by The Ministry of Environment pursuant to the provisions of The Environmental Protection Act, R.S.O. 1990, c E.19, as amended. 3.173 WAYSIDE PIT OR WAYSIDE QUARRY: a temporary pit or quarry opened and used by or on behalf of a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. 3.174 WIND FACILITY: a renewable energy generation facility at which wind is used to generate electricity through the use of one or more wind turbines, as defined in Ontario Regulation 359/09 under The Environmental Protection Act, R.S.O. 1990, c E.19, as amended. 3.175 WHOLESALE ESTABLISHMENT: the use of land, building or structure for the purpose of selling and/or offering for sale, goods, wares and/or merchandise on a wholesale basis, and includes the storage or warehousing of those goods, wares and/or merchandise. 3.176 YARD: that part or of a lot which is open, uncovered and unoccupied between a lot line or the shoreline and a building or structure, other than accessory buildings, structures or uses which are specially permitted by this By-law within a yard. 3.177 YARD, EXTERIOR SIDE: a yard extending from the front yard to the rear yard of a lot, between the exterior side lot line and the nearest part of the main building, structure or nearest outdoor storage on a lot. 3.178 YARD, FRONT: a yard extending across the full width of the lot between the front lot line and the nearest wall of any main building or structure on the lot. 3.179 YARD, INTERIOR SIDE: a yard extending from the front yard to the rear yard of a lot, between a side lot line and the nearest part of the main building, structure or nearest outdoor storage on the lot. 3.180 YARD, REAR: a yard extending across the full width of the lot between the rear lot line and the nearest wall of the main building on such lot. 3.181 YARD, REQUIRED: the minimum required setback between a lot line and the nearest main wall of the main building on such lot. 3.182 YARD, WATER: a yard extending from the high-water mark on any body of water to the nearest wall of any building or structure on the lot. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 25 Section 4: General Provisions 4.1 Accessory Uses, Buildings and Structures 4.1.1 Permitted accessory uses: Where this By-law permits the use of land, buildings or structures for a specific use, such use shall include any buildings, structures or uses accessory to the permitted use, subject to the provisions of this by-law for the particular zone in which the building, use or structure is located. 4.1.2 Prohibited accessory uses: None of the following accessory uses are permitted in any zone unless such accessory use is specifically listed as a permitted use in such zone: - A building or portion thereof used for human habitation; - A livestock building; - An outdoor storage area. 4.1.3 Location on a lot: Accessory buildings, uses or structures are permitted in any interior side or rear yard subject to the provisions of this By-law for the particular Zone in which said building, use, or structure is located, and provided that an accessory building, use or structure: - is not located in the minimum required front yard or required exterior side yard; - is not located closer than 1.2 metres to any lot line except that common semi- detached private garages may be located on the mutual lot line; - shall not be located closer than 1.2 metres from another accessory building or structure, or from the main building on the lot. 4.1.4 Main Building to be erected first: No accessory building or structure shall be erected on any lot until the main building has been erected, with the exception of: - Temporary construction uses during the term of an active building permit for the principal use; - Private garage provided a building permit has been issued for the main residential use; - A dock; - A lot zoned Agricultural One (A1) or Rural (RU), in which case a detached private garage or storage shed may be erected prior to the erection of the main building. 4.1.5 Maximum Coverage: The maximum lot coverage of accessory buildings is included as part of the total permitted coverage on a lot. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 26 4.1.6 Accessory Structure encroachments: Notwithstanding the yard and setback provisions of this By-law to the contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining walls, or similar uses which comply with this By-law are permitted in any required yard. 4.1.7 Shoreline Structures: 4.1.7.1 Identification: Shoreline structures refer to accessory buildings and structures erected at or near the shoreline in the required yard located between the shoreline and the dwelling on any lot that abuts a watercourse. They include buildings and structures that are on the lot and/or attached to the land that forms the bed of a navigable waterway adjacent to the lot. 4.1.7.2 Permitted Uses: Shoreline structures include a boathouse, boat port, dock, boatlift, launch ramp, marine railway, pumphouse, deck, gazebo, sauna or hot tub. 4.1.7.3 Boathouses and Boat ports: A boathouse or boat port may be erected and used in the required yard of a lot abutting a navigable watercourse provided: a) a maximum of one boathouse or one boat port shall be permitted per lot provided the lot meets the minimum lot frontage requirement of the zone in which it is located; b) only single storey boathouses shall be permitted; c) a minimum setback of 2.0 metres is maintained from the side lot lines and/or the straight-line projection of the lot line into the water from the shoreline; and d) a boathouse shall not be used for human habitation. 4.1.7.4 Docking Facilities: A dock, boatlift, launch ramp or marine railway may be erected and used in the required yard of a lot abutting a navigable watercourse provided all applicable Provincial and Federal statutes and regulations are adhered to and provided a minimum setback of 2.0 metres is maintained from the side lot lines and/or the straight-line projection of the lot line into the water from the shoreline. 4.1.7.5 Pumphouse: A pumphouse may be erected and used in the required yard of a lot abutting a shoreline provided it complies with the minimum required side yard. A free standing pumphouse shall not exceed a height of 2.0 metres or an area of 9.0 square metres. 4.1.7.6 Unenclosed Deck: A freestanding, unenclosed deck may be permitted within the required yard abutting a shoreline, provided that the structure: a) does not exceed 30.0 square metres in floor area; b) is located no closer than 5.0 metres to the shoreline, except where such deck is attached to a dock; and, City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 27 c) the deck floor is no more than 1.0 metre from the grade below it. 4.1.8 Swimming pools: A swimming pool is permitted in any Zone subject to the following: a) In the side yard or rear yard provided: (i) No interior wall surface of any such swimming pool shall be located closer than 1.5 metres to any rear lot line or side lot line, nor closer than 3 metres to that portion of a rear lot line which adjoins a side lot line of the adjoining lot; (ii) No water circulating or treatment equipment such as pumps of filters shall be located closer than 3 metres to any side lot line or rear lot line. b) No part of any pool shall be located within 10 metres of the high-water mark of a property abutting a navigable watercourse. c) Fences around all swimming pools shall be provided in compliance with the By-laws of the City of Temiskaming Shores. 4.1.9 Antennae, Towers, Satellite Dishes: Radio and television antenna towers, satellite dishes greater than 1.0 metres in diameter, dish antennas and other similar structures are permitted in any zone provided they meet the minimum requirements of the zone in which they exist and are not located in any front yard or exterior side yard. Satellite dishes 1.0 metres or less in diameter are permitted in any yard. This provision does not apply to any federally licensed facilities. 4.1.10 Solar Panels: No ground mounted solar panels are permitted in the Low Density Residential (R2), Medium Density Residential (R3) or High Density Residential (R4) Zones. 4.1.11 Wind Facilities: a) Wind facilities are limited to Class 1 wind facilities as defined in Ontario Regulation 359/09, of The Environmental Protection Act RSO 1990, Ch. E.19, as amended, and are permitted as an accessory use for personal use only in the Agriculture One (A1), Rural (RU) and Residential One (R1) Zones; b) Wind facilities are only permitted in the rear yard, and shall meet all yard requirements. 4.1.12 Portable Garage Shelters a) The placement or use of a shelter, canopy, enclosure or similar structure covered with fabric, polyester or similar covering material designed for the storage of motor vehicles shall be in accordance with the following: i) A garage shelter shall comply with all applicable yard requirements for an accessory structure. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 28 b) Notwithstanding the provisions of clause (a) (i), above, a temporary garage shelter may be permitted on a driveway in the required front yard or exterior side yard between November 1 of one year and April 30 of the next following year, provided a minimum 1 metre front yard setback is maintained, and the structure is removed between May 1 and October 31. 4.2 Bed and breakfast establishment: 4.2.1 The Bed and breakfast establishment shall be permitted only in the zones indicated in this By-law and shall be clearly accessory to the main residential use and shall not change the residential character of the lot and dwelling; 4.2.2 No person other than a person residing in the dwelling containing the bed and breakfast establishment shall be employed except as is necessary for housekeeping purposes; 4.2.3 The bed and breakfast establishment shall not have more than four (4) bedrooms for overnight guest purposes; 4.2.4 The guest rooms shall not contain kitchen or cooking facilities; and 4.2.5 A minimum of one parking space for each guest room shall be provided in addition to the parking required for the dwelling. 4.3 Established building line: 4.3.1 Where a permitted building or structure or addition is to be erected on a lot in a Residential or Commercial zone where there is an established building line extending on both sides of the lot, 50.0 metres in either direction, such permitted building, structure or addition may be erected closer to the front lot line than required by this By-law, provided such permitted building or structure is not erected closer to the front lot line than the average setback, being a line drawn from the corner of each building abutting the subject lot. This provision does not apply to lands abutting a watercourse or a Provincial Highway. 4.4 Group home: 4.4.1 Where a Group home is a permitted use, the following provisions shall apply: a) A group home shall only be permitted within a single detached dwelling; and b) All the provisions of the respective zone in which a group home is located shall be complied with. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 29 4.5 Height Exceptions: 4.5.1 Nothing in this By-law shall prevent the erection, alteration or use of the following accessory structures, provided the main use is a permitted use within the zone in which it is located, and all other applicable provisions of this By-law are complied with: - Air conditioner duct; - Barn, silo, conveyor or grain elevator used for farm purposes; - Belfry; - Bulk storage tank; - Chimney; - Church spire; - Clock tower; - Drive-in theatre screen; - Electric power facility (excluding a building); - Elevator enclosure; - Flag pole; - Forestry tower; - Telecommunication tower or antenna; - Structure for crushing, washing, screening or processing relating to an asphalt, aggregate, concrete or cement plant; - Structure containing heating, cooling or other mechanized equipment pertaining to a building; - Water tank; - Wind turbine. 4.6 Home industry: 4.6.1 Where a Home industry is a permitted accessory use, the following provisions shall apply: a) There shall be no emission of noise, vibration, odour or dust that is not normally attributable to the use of the land for other uses permitted in the Zone; b) Such home industry shall not be a nuisance to, nor interfere with, television or radio reception of others in neighbouring buildings or structures; c) The home industry shall meet the same yard provisions as required for the principal residential use for the Zone in which it is located; d) The use shall not occupy more than 25% of the gross floor area of a dwelling, or where located in an accessory building, shall not occupy more than 140.0 square metres of gross floor area; e) A maximum of three (3) employees, one of whom must reside in the dwelling, may be employed on site in the home industry and additional employees may be employed off- site; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 30 f) Any permitted outdoor storage shall be screened from view; g) A landscaped buffer shall be provided on the lot in accordance with the provisions of this By-law; h) There shall be no goods, wares or merchandise offered for sale or rent from the dwelling which are not manufactured or processed on the property; i) One (1) off-street parking space shall be provided for each 28 square metres of floor area devoted to said use in addition to that required for the dwelling and, j) The home industry shall be subject to site plan control to regulate storage and accessory buildings. 4.7 Home occupation: 4.7.1 Where a Home occupation is a permitted accessory use, the following provisions shall apply: a) The home occupation shall clearly be secondary to the main residential use of the property and shall not change the residential character of the dwelling; b) There shall be no emission of noise, vibration, odour or dust that is not normally attributable to the use of the land for other uses permitted in the Zone; c) Such home occupation shall not be a nuisance to, nor interfere with, television or radio reception of others in neighbouring buildings or structures; d) Such home occupation shall not include a long term care home, a boarding house, a restaurant or a veterinary clinic, but may include a business, professional or administrative office and a health services establishment that complies with the provisions of this subsection; e) The home occupation use shall be conducted entirely within the dwelling, or within a detached accessory building; f) The home occupation use shall not occupy more than 25% of the gross floor area of a dwelling; g) Such use is conducted by a person or persons residing in the dwelling and a maximum of one employee employed on site who does not live in the dwelling; h) There shall be no outdoor storage of equipment, goods or materials associated with the home occupation use; i) There shall be no goods, wares or merchandise offered for sale or rent from the dwelling which are not manufactured or processed on the lot with the exception of a limited number of complementary associated products; and, j) A minimum of one (1) off-street parking space shall be provided in addition to the parking required for the dwelling. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 31 4.8 Landscaping and Buffers: 4.8.1 A minimum 1.5 metre landscaped buffer shall be provided along a side or rear lot line of a Commercial, Industrial or High Density Residential (R4) Zone where it abuts a Residential zone. 4.8.2 Landscaping shall be provided, planted or located, and maintained in a healthy condition by the owner of the land on which the landscaping is located. Every landscaped buffer shall consist of a solid and unbroken planting of shrubs or trees the ultimate height of which is not less than 1.8 metres or a privacy fence. Such plant material shall not be less than 1.0 metre in height when planted. For the purposes of this Section, a privacy fence means any barrier or structure constructed of wood, stone, metal, brick or other similar materials of combinations of such material, which is erected for the purpose of screening, safeguarding, retaining or enclosing property. 4.8.3 Where a lot abuts a watercourse, a shoreline buffer shall be restored and maintained across a minimum of 50% of the lot, and shall maintain a minimum width of 7.5 metres. 4.8.4 In all Commercial, Community Facility (CF) or High Density Residential (R4) Zones, a minimum 1.5 metre wide buffer area shall be provided along the full outer perimeter of any parking lot containing more than 10 parking spaces. A driveway may cross the landscaped buffer. 4.9 Lighting: 4.9.1 Lighting fixtures designed to provide exterior illumination on any lot shall be installed with the light directed or deflected away from adjacent lots and streets and in such a manner as to not confuse or distract persons driving vehicles on such streets, and shall be directed downward. 4.10 Minimum distance separation (MDS) for Farms: 4.10.1 Notwithstanding any other yard or setback provisions of this By-law to the contrary, the following provisions apply to those lands located outside of the settlement area boundaries as identified on the Schedules to this By-law: a) New non-agricultural development in proximity to existing livestock operations must comply with provincial MDS regulations regarding minimum distance separation (Formula I) b) The development of new livestock facilities or the expansion of existing livestock facilities must comply with provincial MDS regulations regarding minimum distance separation (Formula II) c) Development is permitted for one detached dwelling on a vacant lot in existence as of the date of adoption of this by-law, provided that the dwelling is located the City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 32 furthest distance possible from the livestock operation and that the applicable zone setback provisions are complied with. d) Existing non-farm residential uses may be replaced where destroyed by a catastrophic event and are exempt from the MDS Separation formulae calculations, provided the replacement meets the exemptions of the Minimum Distance Separation (MDS) implementation guidelines. e) Reference should be made to the Minimum distance separation Formulae as developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from time to time, in completing the required calculations. 4.11 Motor vehicle service stations and Fuel Pump Islands: 4.11.1 No portion of any fuel pump island, fuel pump island canopy or kiosk, shall be located closer than 3.0 metres to any lot line. 4.11.2 All repair and mechanical servicing of motor vehicles shall be conducted within a wholly enclosed building. 4.12 Multiple Uses on One Lot 4.12.1 Where any land, building or structure is used for more than one purpose, the applicable provisions of this By-law which serve to regulate each such use shall be complied with. 4.13 Multiple Zones on One Lot 4.13.1 Where a lot is divided into more than one Zone under the provisions of this By-law, each such portion of the lot shall be used in accordance with the provisions of this By-law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purpose of determining zone provisions. However, not more than one dwelling unit shall be permitted on the entire lot, except where specifically permitted in this By-law. 4.14 Non-complying Lots, Buildings and Structures 4.14.1 Existing undersized lots: a) Where a lot, having a lesser lot area or lot frontage than that required: (i) is held under distinct and separate ownership from abutting lots or was legally created prior to the passing of this By-law; or, (ii) is created as a result of an expropriation; or (iii) is created as a result of a natural severance such as the presence of a public road, a navigable waterway or a railway; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 33 then the lot shall be deemed to conform to the requirements of this By-law with respect to the lot area or lot frontage, and the provisions respecting lot area and lot frontage shall not apply to prevent a permitted use, building or structure, provided that all other applicable provisions of this By-law are complied with and provided that a sewage disposal system (where required) can be installed on the lands. b) Where lands are added to an existing undersized lot that complies with (a) above, the resulting lot shall be deemed to comply with (a) above. 4.14.2 Reconstruction and Repair of Existing Non-complying Buildings and Structures: a) Where in any Zone, a non-complying building or structure is destroyed by fire or natural disaster, such non-complying building or structure may be reconstructed provided the situation of non-compliance is not increased. b) Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any non-complying building or structure lawfully used on the date of passing of this By-law, provided the situation of non-compliance is not increased. 4.14.3 Addition, Extension or Enlargement of Existing Non-complying Buildings and Structures: a) The enlargement, extension or addition to a legal non-complying building or structure may be permitted, provided: (i) the situation of non-compliance is not further increased; (ii) the amount of floor area in a required yard is not increased by more than 25% from the date of passing of this By-law; and, (iii) all other applicable provisions of this By-law are complied with. 4.14.4 Interior Alterations: Nothing in this By-law shall prevent the interior alteration of a legal non-complying building or structure. 4.15 Non-conforming Uses 4.15.1 Continuation of Use: The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by the By-law if such lot, building or structure was lawfully used and legally established for such purposes on the date of the passing of this By-law so long as it continues to be used for that purpose and the use has not been discontinued. 4.15.2 Change of Use: No change in the use of any land, building or structure shall be permitted, unless such change in use complies with the permitted uses within the zone in which such land, building or structure is located or unless such change has been approved through the provisions of the Planning Act, R.S.O 1990, Ch. P. 13, as amended. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 34 4.15.3 Exterior Extensions: No building or structure, which at the date of passing of this By-law was used for a purpose not permitted within the zone in which it is located, shall be enlarged or extended unless such building is thereafter to be used for a purpose permitted within such Zone and complies with all requirements of the By-law or unless approved through the provisions of the Planning Act, R.S.O. 1990, Ch. P. 13, as amended. 4.15.4 Reconstruction or Repair of Existing Non-conforming Buildings and Structures: Where a building or structure containing a legal non-conforming use is damaged or destroyed, the reconstruction or repair of the building or structure is permitted provided the reconstruction or repair does not increase the original footprint, building size or height or change the location. 4.15.5 Permitted accessory buildings: Nothing in this Section prevents the construction of accessory buildings or structures provided they meet the applicable yard requirements of the zone in which they are located. 4.15.6 Interior Alterations: Nothing in this By-law shall prevent the interior alteration of a legal non-conforming building or structure. 4.16 Number of Dwelling Units Per Lot: 4.16.1 Not more than one dwelling unit may be built on any lot except where specifically permitted in a particular zone. 4.16.2 Second dwelling unit: Where a second dwelling unit is permitted as an accessory use the following provisions shall apply: a) The second dwelling unit is located within a permitted single detached dwelling or a semi-detached dwelling, or in the second storey of or attached to a detached private garage; b) Only one (1) second dwelling unit may be created on the lot; c) The maximum floor area of a second dwelling unit shall not exceed the gross floor area of the main dwelling unit; d) The second dwelling unit and main dwelling shall meet all other applicable provisions of this By-law and any other servicing, fire, health, safety, or occupancy regulations or by-laws; e) A minimum of one parking space is provided for the second dwelling unit and does not result in a separate driveway being required; and f) Where a dwelling is already located on a lot within an assessment area and zoned H1, H2 or H3, a second dwelling unit is permitted. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 35 4.17 Outdoor Boiler or Wood Furnace 4.17.1 An outdoor boiler or wood furnace may be permitted on a lot located in the Rural (RU), Agriculture One (A1) or Rural Residential (R1) zones, subject to the following requirements: a) located behind the front wall of the dwelling; b) located a minimum 15 metres from any property line; and c) the minimum height of a chimney/stack shall be 3.25 metres. 4.18 Outdoor Storage, Display of Goods and Material 4.18.1 Outdoor Storage: Where outdoor storage is permitted, the following provisions shall apply: a) Outdoor storage complies with all yard requirements except in the General Industrial (M1) and Manufacturing Industrial (M2) zones; b) Any portion of a lot used for outdoor storage is screened from adjacent uses and streets adjoining the lot by a building, planting strip, and/or fence erected in accordance with the Fence By-law; and a minimum 1.8 metres in height from the ground; and, c) The area used for outdoor storage shall be in addition to the areas required for parking, loading and landscaping. 4.18.2 Outdoor Display of Goods and Materials: Where outdoor display and sale of goods and materials is permitted, the following provisions shall apply: a) Such outdoor display and sale shall be accessory to a commercial use carried on in an enclosed building, or portion thereof, on the same lot; b) The area used for outdoor display and sale shall be in addition to the areas required for parking, loading and landscaping; and, c) The area used for outdoor display of goods and materials shall comply with the yard requirements for the zone in which the land is situated. 4.19 Permitted Encroachments in Yards: 4.19.1 Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky except that those structures listed in Table 4.1 shall be permitted to project from the main building or accessory building into the minimum yards required by this By-law for the following specified distances: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 36 TABLE 4.1 - PERMITTED ENCROACHMENTS IN YARDS Structure Yards in which projection is permitted Maximum projection from main wall permitted Minimum Distance from Lot line Sills, belt courses, cornices, eaves or canopies, gutters, chimneys or pilasters Any yard 1.0 metre 0.5 metre Exterior staircases Any yard No maximum No minimum Window bays Any yard 2.0 metres over a maximum width of 4.0 metres 1.0 metre Balconies Any yard for apartment dwellings or multiple dwellings; Front, rear and exterior side yards only for all other dwellings 2.0 metres 2.0 metres Roofed or unroofed porches not exceeding one storey in height; Any yard 3.0 metres including eaves and cornices 1.2 metres side yard 4 metres front, exterior side or rear yard Raised Decks Rear and side yards 6.0 metres 1.2 metres; 12 metres from any shoreline Barrier Free access ramps and/or lifting devices Any yard No maximum No minimum 4.20 Permitted Uses in All Zones: 4.20.1 The following uses are permitted in any zone: a) a temporary sales office in a plan of subdivision or condominium description incidental to construction and sale of lots, units or buildings in such development until construction has been finished or discontinued for sixty (60) days, but no such sales offices shall be established within 30 metres of any occupied dwelling; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 37 b) a trailer, a temporary construction structure incidental to construction and used temporarily for office or storage purposes, provided that the trailer or camp is located on the same lot as the construction and in compliance with the yard requirements for the zone in which is it located and provided the trailer or structure shall not be located on the premises until a building permit for said construction has been issued and the trailer or structure shall be removed upon the completion or discontinuance of construction; c) a ticket office to serve a vehicle parking lot; d) a receiving/transmitting tower or any steel tower used for signaling purposes and associated buildings, provided all Federal regulations are complied with; e) decorative walls, fences, planting strips, walkways and other landscaping structures subject to the regulations contained herein; f) recreational trails and minor associated structures including outdoor sports courts/fields; g) a conservation use; h) a public park; i) flood or erosion control facilities. 4.21 Pits and Quarries: 4.21.1 The making, establishment or operation of pits or quarries is prohibited within the area covered by this By-law, except in the locations specifically permitted by this by-law, and in accordance with the provisions of this By-law. No person shall use land or erect any building or structure for processing, blasting, washing, screening, sorting or crushing rock, sand or gravel, except as expressly provided for in this By-law. 4.22 Prohibited Uses/Activities: 4.22.1 Except as otherwise specifically permitted in this By-law, the following uses are prohibited in any zone: a) The use of any motor vehicle, truck, bus, coach, railway car or street car body for human habitation. b) The use of school portables for human habitation; c) The use of any cargo or storage container for human habitation; d) The parking or storage of boats, trailers or commercial and non-commercial motor vehicles on a vacant lot; e) Tracks or other areas developed for the racing or running of motorcycles, all-terrain vehicles, snowmobiles, or other motorized recreational vehicles. This is not intended City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 38 to interfere with any lawful use of a public road or highway, or enjoyment of private property by the owners or tenants of such property or the use of an organized trail approved by the City; f) The manufacturing, refining, rendering, storage or distillation of fertilizers, oil, glue from organic sources, acids, ammonia, chlorine, coal, creosote, explosives, petroleum, tar, fireworks, ammunition, petroleum, tar, radioactive, hazardous waste, hazardous biological waste, or liquid industrial waste, combustible, explosive, inflammable, or dangerous liquids, gases, or other hazardous materials unless specifically permitted as a use in this By-law or stored for sale in direct association with a permitted use in the Zone and on the property on which the permitted use occurs; g) Adult entertainment parlours. 4.23 Public road Frontage 4.23.1 Frontage on a Public road: No person shall erect any building or structure in any zone unless the lot fronts upon and is directly accessible from a municipally maintained public road. 4.23.2 Unassumed Road: The provisions of this By-law shall not apply to prevent the erection of a permitted building or structure on a lot in a Registered Plan of Subdivision where a properly executed subdivision agreement has been entered into with the City where the street or streets will not be assumed by the City until specified in the agreement. 4.23.3 Condominium Access: Notwithstanding Section 4.23.1 where a lot is developed by condominium description, the lot frontage and access may be on a private road for individual units within the condominium description. 4.23.4 Existing Lots not on a Public Road: For a lot which does not front on a municipally maintained public road, but contains a legally existing building or structure, the rebuilding, repair or replacement of such building or structure is permitted provided it is in accordance with the provisions of Sections 4.14 and 4.15. 4.23.5 Water Access only lots: This Section does not apply to development on a lot on an island or on a navigable waterway, where there is no public road access. 4.24 Public uses: 4.24.1 The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for public service by the City or by any local Board, any department of the Government of Ontario or Canada, including any electrical distribution company, telephone, telegraph or gas company, or any railway provided that: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 39 a) The lot coverage, setback and yard regulations prescribed for the Zone in which such land, building, or structure is located are complied with; b) No goods, materials, or equipment are stored in the open in a Residential Zone or in a lot adjacent to a Residential Zone. 4.24.2 Nothing in this By-law prevents the use of land for a public road or prevents the installation of a water main, sanitary sewer main, storm sewer main, gas main, pipeline, lighting fixture, transit shelter, or overhead or underground hydro or telephone lines. 4.25 Special Setback Requirements 4.25.1 Provincial Highways: a) Notwithstanding any other provision in this By-law, properties located adjacent to a provincial highway will be subject to the setback requirements of the Ministry of Transportation. b) In addition to all applicable municipal requirements, all proposed development located in proximity of a provincial highway, within Ministry of Transportation permit control area, will be subject to the approval of the Ministry of Transportation. A Ministry of Transportation permit shall be obtained prior to any construction being undertaken. 4.25.2 Pipelines: No main building or structure shall be located within 7.0 metres of a Pipeline right-of-way. No accessory building or structure shall be located within 3.0 metres of a Pipeline right-of-way. 4.25.3 Watercourses: Unless otherwise specifically established in this By-law, buildings and structures shall be setback a minimum of 15.0 metres from any navigable watercourse and 10.0 metres from any other identifiable watercourse (excluding a municipal drain), with the setback to be measured from the high-water mark. 4.25.4 Setback from Top of Bank and EP zone boundaries: a) Notwithstanding any other provision of this By-law, the minimum setback from the top of bank is 10 metres, or the edge of the Environmental Protection Zone, whichever is greater. For the purposes of this Section, top of bank means the line which defines the transition between tableland and sloping ground at the crest of a slope associated with a watercourse, and may be determined by an approved geotechnical study. b) Where a geotechnical study stamped by a Professional Engineer and approved by the City indicates that development can occur within the setback without any impact on the bank stability or an Environmental Impact Study indicates that development can occur adjacent to the lands zoned Environmental Protection without negative impact City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 40 on the natural feature, the setback shall be as recommended in the study, provided the development meets all other requirements of this By-law. 4.26 Storage Container Regulations 4.26.1 No person shall place or use a modified or unmodified storage container in any zone except in accordance with the following: a) The use of a storage container is only permitted in a R1, C1, C1A, C2, M1, M2, M3, M4, A1 or RU Zone as an accessory use to a permitted use on a lot where a main building exists; b) A storage container shall not be used as work areas or for office uses or retail sales; c) A storage container shall not exceed a height of 3 metres and a total length of 17 metres; d) The maximum lot coverage for storage containers shall not exceed the lesser of 15% or the maximum permitted coverage for accessory buildings in the zone in which the containers are located; e) A storage container shall not be stacked on top of another storage container; f) A storage container shall not be located in a required parking area or encroach into a required landscaped area; g) A storage container shall not be located in a front yard or an exterior side yard, and shall meet the minimum yard requirements of the zone in which it is located; h) No separation distance is required between storage containers. 4.26.2 Notwithstanding the provisions of this Section, a storage container having a maximum height of 3 metres and a maximum length of 17 metres is permitted in the driveway on a residential zoned lot and only for the purpose of loading or unloading of household items during the process of moving or renovation. In no case shall a storage container encroach onto a public sidewalk, be located closer than 0.3 metres from the back of curb in situations where no sidewalks exist, or create a site line obstruction. 4.26.3 Notwithstanding the provisions of this Section, a storage container is permitted on a construction site in any zone for the purpose of storing equipment and materials incidental to construction, subject to the following: a) The container shall have a maximum height of 3 metres and a maximum length of 17 metres; b) No more than two storage containers are permitted on a lot; and c) The storage containers must be removed within the lesser of two years from installation or 30 days of completion of the work. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 41 4.27 Temporary Uses 4.27.1 Construction: a) A temporary building, structure or trailer incidental to the construction of a main building on a lot is permitted in all Zones provided that a valid building permit has been issued, but only for as long as it is necessary for the work in progress and until the work is completed or abandoned. b) The continued use of an existing dwelling or building on a lot during the construction of a dwelling or building intended to replace such dwelling or building is permitted provided that: (i) In no case may such existing building remain un-demolished on the lot for longer than 120 days after the building intended to replace such existing building is ready in whole or in part for occupancy; (ii) Safety and emergency access are provided and maintained to the satisfaction of the Chief Building Official and the Fire Chief; and, (iii) The Owner enters into an agreement with the City acknowledging the City will demolish the existing building in the event it is not demolished within the timeframe stipulated above and the cost of such demolition will be charged back to the property owner; (iv) The demolition permit for the dwelling or building has been issued. 4.27.2 Sales office/model home: One temporary sales office and one model home may be located on lands which are the subject of a draft approved plan of subdivision or condominium in any Residential, Commercial or Industrial Zone provided that: a) The temporary sales office and model home are located in accordance with the zone provisions of the zone in which it is located; and, b) An Agreement has been executed with the City addressing the temporary sales office and model homes. 4.28 Travel Trailers and Recreational vehicles: 4.28.1 No person shall use any lot in any Residential zone for the purpose of parking or storing more than three boats and/or recreational vehicles; 4.28.2 In a Residential zone, the parking or storage of a recreational vehicle shall only be permitted in an interior side yard or rear yard, but no closer than 1.5 metres to any lot line. Such vehicles shall only be permitted as an accessory use to a dwelling unit provided the boat or recreational vehicle is licensed, in good repair and in serviceable condition and is owned by an occupant of the dwelling unit. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 42 4.28.3 Notwithstanding 4.29.1 above, there is no maximum to the number of personal use boats or recreational vehicles stored on a lot in the Rural Residential (R1), Rural (RU) or Agricultural One (A1) Zones. 4.29 Water Supply and Sewage Disposal Systems: 4.29.1 Connection to Services - Full or Partial Municipal Sewer and Water Service: No land may be used, and no building or structures may be erected unless: a) connected to a municipal sanitary sewer and/or water supply within the settlement areas identified on the schedules to this by-law; or b) where municipal services are not available, alternative servicing arrangements are provided to the satisfaction of the City. 4.29.2 Commercial or Industrial uses in Areas without Full Municipal Services: Notwithstanding any other provisions of this By-law with regard to servicing requirements for an industrial or commercial use, where full municipal services are not available, and privately serviced development is permitted, only dry industrial or commercial uses shall be permitted unless it is demonstrated to the satisfaction of the City, Ministry of the Environment, and/or other responsible authorities, in studies submitted by the applicant, that appropriate treatment can be provided with no detrimental impact to surface, groundwater resources, and the surrounding environment. 4.30 Wayside pits and Quarries and Portable Asphalt Plants 4.30.1 Where specifically permitted in the By-law, a wayside pit or quarry or a portable asphalt plant shall be subject to the following provisions: a) the wayside pit or quarry or the portable asphalt plant shall be used by or on behalf of a Public Authority; b) the wayside pit or quarry or the portable asphalt plant shall have a Certificate of Approval from the Ministry of Environment and Energy or its designate; c) the wayside pit or quarry or portable asphalt plant shall not be located closer than 300 metres from an existing residence; d) no excavation is permitted within 15 metres from the edge of any watercourse, public road allowance, or any adjoining property boundary; and e) upon completion of the public project, the site shall be rehabilitated to its former use. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 43 Section 5: Parking and Loading Requirements 5.1 General 5.1.1 The parking and loading space requirements apply: a) when any new development is constructed; b) when any existing development is enlarged; or c) when any use is changed. 5.1.2 No person shall use any land, building or structure in any Zone for any purpose permitted by this By-law, unless parking and loading spaces are provided in accordance with the requirements of this Section. 5.1.3 Parking and loading spaces required by this By-law and all driveways and aisles leading to those spaces must be set aside for and used exclusively for that purpose. 5.1.4 When a building has insufficient parking 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 deficiency be made up prior to the construction of any addition. No addition may be built and no change in use may occur, the effect of which would be an increase in that deficiency. 5.2 Parking space Requirements 5.2.1 Number of Parking spaces: Off-street motor vehicle parking shall be provided for any land use at the rate set out in Table 5.1. TABLE 5.1- PARKING REQUIREMENTS Type of Building/Use Minimum Off-Street Parking Requirements Any commercial use, except those uses specifically listed elsewhere in this Section 1 space for each 50 square metres of commercial or office floor space Any industrial use, except those uses specifically listed elsewhere in this Section A minimum of 5 spaces or 1 space for each 100 square metres of building floor space on the lot, whichever is greater. Any other non-residential use, except those uses specifically listed elsewhere in this Section 1 space for each 50 square metres of gross floor area City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 44 Type of Building/Use Minimum Off-Street Parking Requirements a minimum of 10 spaces for open air activity areas Bed and breakfast establishment 1 space for each rental room in addition to the required parking for the dwelling. Convenience store, Grocery store, Health services establishment Kennel Personal service establishment Retail store Veterinary clinic 1 space per 20.0 square metres of gross floor area of commercial space accessible to the public. Laundromat 1 space for every 4 washing machines or 1 space per 20 square metres of gross floor area, whichever is greater Building supply establishment 1 space per 50 sq. metres of gross floor area of commercial space accessible to the public Dwelling unit 1 space per dwelling unit For a water access only property, no minimum parking is required Educational establishment For an elementary school, 1.5 spaces for each teaching classroom. For a high school, 4 spaces for each teaching classroom. For a post-secondary establishment, 15 spaces for each teaching classroom. For a post-secondary residence, 1 space for every 4 beds. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 45 Type of Building/Use Minimum Off-Street Parking Requirements Agricultural uses, Greenhouse/nursery/garden centre 2 spaces per farm, plus 1 space for every 30 square metres of gross floor area devoted to retail sales and 1 space for every 100 square metres of gross floor area devoted to processing or manufacturing uses. Funeral home 1 space for each 5 seats capacity with a minimum of 10 parking spaces. Golf course 18 spaces per 9 holes of golf, plus 1 space per 30 square metres of club house. Group home 2 spaces, plus 1 space for every five residents. Hospital, Long term care home, Home for special care 1 space for each 2 beds plus 1 additional space for each resident doctor or resident employee. Hotel/Motel Tourist establishment Camping Establishment 1 space for each guest room, plus 1 parking space per 10.0 square metres of gross floor area devoted to meeting, dining and banquet facilities Marina 1 space for each boat slip plus 1 space for each 30 square metres of commercial floor area Mobile home park 1 space per unit Motor vehicle body repair shop Motor vehicle repair facility Motor vehicle service station Motor vehicle towing establishment Motor vehicle washing establishment 3 spaces per service bay plus 1 space per 20.0 square metres of gross floor area for the office and any retail use City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 46 Type of Building/Use Minimum Off-Street Parking Requirements Motor vehicle Gas Bar 1 space per 50 square metres gross floor area exclusive of fuel dispensing spaces. Motor vehicle dealership 1 space per 20.0 square metres gross floor area exclusive of display and storage parking. Restaurant Place of assembly Place of recreation Place of worship Where there are fixed seats, one space for every 5 seats or 3.0 metres of bench space of its maximum seating capacity Where there are no fixed seats, 1 space for each 10 square metres of floor area devoted to public use Retirement Home 4 spaces plus .5 spaces for each of the first 30 guest rooms plus .25 spaces for each additional guest room Self storage facility 1 space per 30.0 square metres of gross floor area within the office; plus 1 space per 100.0 square metres of gross floor area of the building 5.2.2 Parking space Calculation: Where the minimum number of parking spaces is calculated based on a rate, the required number of spaces shall be rounded to the next higher whole number. 5.2.3 More than One Use on a Lot: When a lot, building or structure accommodates more than one type of use, the parking space requirement for the whole building or site shall be the sum of the requirement for the separate parts of the building or site occupied by the separate types of use. 5.2.4 Parking space Size: A motor vehicle parking space shall have: a) A minimum width of 3.0 metres; and, b) A minimum length of 6.0 metres, except for parallel parking, where a minimum length of 6.5 metres is required. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 47 5.2.5 Width of Aisles: The minimum width of an aisle providing access to a parking space within a parking area shall be 6.0 metres, except in the case of angled off-street parking accessed by a one-way aisle, which shall be a minimum width of 4.5 metres. 5.2.6 Width of Access Ramps and Driveways a) Access ramps and driveways accessing a parking area or parking lot shall be a minimum of 3.0 metres in width for one-way traffic and a minimum of 6.0 metres in width for two-way traffic. b) For a Commercial, Industrial, Institutional or Municipal Parking lot, a minimum of 7.5 metres in width shall be provided. 5.2.7 Parking Area Surface Treatment: All required parking spaces and parking areas and all driveways to any parking area or parking lot shall be maintained with a stable surface such as asphalt, concrete, concrete pavers, gravel or similar material which is treated so as to prevent the raising of dust or loose particles. 5.2.8 Location of Required Parking spaces: a) Parking spaces and all driveways and aisles leading to those spaces shall be: i) located on the same lot as the use or building for which they are provided; or ii) located on a lot located within 150.0 metres of the site in the C1 or C1A zone, provided the parking facilities are legally secured for that use, to the satisfaction of the City. 5.2.9 Parking area Location on a Lot: Parking areas will be permitted in any required yard in accordance with Table 5.2. TABLE 5.2 - PARKING AREA ON LOT Zone Yard in Which Required Parking Permitted Residential Zones All yards. No parking space shall be permitted within 1.5 metres of a street line. Commercial, Community Facility, Industrial, Open Space Zones All yards provided that no part of any parking area, other than the ingress or egress points, is located closer than 1.0 metre to any street line and no closer than 1.5 metres to any lot line and provided that no part of any parking area is located in a minimum planting strip adjacent to a street line as required by this By-law. Agricultural and Rural Zones All yards provided that no part of any parking area, other than the ingress and egress points used for access from the street, is located closer than 5.0 metres to any street line or any other lot line. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 48 5.2.10 Restrictions in Residential Zones a) Not more than one vehicle per dwelling unity shall be a commercial motor vehicles as defined in the Highway Traffic Act. The manufacturer's rated capacity of any such commercial motor vehicle shall not exceed 1,000 kilograms. 5.2.11 Exemptions for parking in the C1 and C1A Zones: a) Where parking spaces are required for any use in the C1A Zone and in that portion of the C1 Zone shown on the schedules to this By-law and located within the Business Improvement Area, and where public on-street and/or off-street parking is available, then no parking is required for any commercial use. This exemption does not apply to any residential use within the defined area. 5.3 Queuing Lane Requirements (Drive through service): 5.3.1 Where drive-through service facilities are permitted, queuing lanes are required and shall be exclusive of any other parking space and aisle requirements contained within this By- law and shall be provided in accordance with the provisions of this Section. The minimum queuing space requirements within a designated queuing lane shall be as set out in Table 5.3. In addition, one space shall be provided for each point of service delivery. TABLE 5.3 - QUEUING LANE REQUIREMENTS Use Associated with Drive- Through Service Facility Minimum Required Ingress Spaces Minimum Required Egress Spaces Financial Institution 3 1 Restaurant 8 2 Motor vehicle service station or Gas Bar 3 1 Motor vehicle washing establishment 3 per bay 2 All Other Uses 3 1 5.3.2 Location of Ingress and Egress Spaces: Required ingress spaces shall be located before the first point of contact and required egress spaces shall be located after the final point of contact. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 49 5.3.3 Length of Queuing Lane: The length of the queuing lane associated with the drive- through service facility shall be the total number of required ingress spaces and egress spaces, plus one space for each point of service delivery and shall not form part of the required parking spaces or aisles. 5.3.4 Size of Queuing Space: All queuing spaces shall be rectangular in shape, with a minimum length of 6.0 m and a minimum width of 2.75 m. 5.4 Loading space Requirements 5.4.1 Location of Loading spaces a) Required Loading spaces shall be provided on the same lot for the use or building for which it is required, and the loading space(s) shall be located within 20.0 metres of the use or building for which is it required. b) Such loading space shall not be located in a required yard. c) Loading spaces shall not obstruct any required parking spaces or vehicular movement on the lot. d) In all Zones, with the exception of any Industrial Zone, loading spaces are not permitted in the front yard or exterior side yard and loading bay doors are not permitted on any wall facing a street unless the loading space and loading bay door are located no closer than 10.0 metres from any street line. 5.4.2 Access to Loading spaces: Where a loading space(s) is required, the access to the loading space(s) shall be provided by means of a driveway that is a minimum of 6.0 metres wide in an Industrial Zone and a minimum of 3.5 metres wide in a Commercial Zone. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 50 Section 6: Residential Zones 6.1 Establishment of Residential Zones The Residential Zones established by this By-law are: ZONE SYMBOL DESCRIPTION Rural Residential Zone R1 Rural Residential Low Density Residential Zone R2 Low Density Residential (1 and 2 units) within Settlement Areas; may be on full, partial or private services Medium Density Residential Zone R3 Medium Density Residential (up to 4 units) High Density Residential Zone R4 High Density Residential Zone (5 units and over) Mobile Home Residential MH Mobile Home Park 6.2 General Prohibition No person shall within any Residential Zone, use any land, or erect, alter, or use any building or structure except as specified hereunder, and in accordance with all other applicable provisions of this By-law. 6.3 Permitted Uses Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and corresponding with the row for a specific permitted use in the Permitted Uses Table. A number(s) following the symbol '', zone heading or identified permitted use, indicates that one or more conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Permitted Principal Uses Table, Table 6.1, and Permitted Accessory Uses Table, Table 6.2. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 51 TABLE 6.1 - PERMITTED PRINCIPAL USES TABLE 6.2 - PERMITTED ACCESSORY USES 6.3.1 Notes to Permitted Uses: (*1) To a maximum of four dwellings. Permitted Uses Residential Use R1 R2 R3 R4 MH Rural Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Residential Dwelling, Single Detached    Dwelling, Semi-detached   Dwelling, Duplex   Dwelling, Multiple, up to 4 units  Dwelling, Multiple, 5 or more units  Dwelling, Street Townhouse  (*1)  Dwelling, Mobile Home  Other Uses Boarding House   Cemetery     Group Home     Home for Special Care   Retirement Home  Zones Accessory Use R1 R2 R3 R4 MH Rural Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Residential Second Dwelling Unit    Bed and Breakfast Establishment     Home Occupation     Home Industry     Private Home Child Care     Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 52 6.4 Lot Requirements TABLE 6.3 - RESIDENTIAL ZONE REQUIREMENTS 6.4.1 Additional Residential Zone Requirements (*1) Standards for individual units/sites within a mobile home park. (*2) For a semi-detached dwelling, the minimum lot area shall be 250 square metres per dwelling unit. (*3) For a Street Townhouse, the minimum lot area shall be 200 square metres per dwelling unit. (*4) A duplex or semi-detached dwelling is not permitted on partial services. Regulation R1 R2 R3 R4 MH Rural Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Residential (*1) Full Municipal Services n/a 450 (*2) 450 (*2, *3) 1100 (*3) 450 Partial Municipal Services n/a 550 (*4) n/a n/a n/a Private Services 4000 4000 n/a n/a n/a Full Municipal Services n/a (*5) (*5,*6,*7) 30 15 (*8) Partial Municipal Services n/a 20 n/a n/a n/a Private Services 40 40 n/a n/a n/a Full Municipal Services n/a 40 40 40 40 Partial Municipal Services n/a 40 n/a n/a n/a Private Services 20 20 n/a n/a n/a Maximum Lot Coverage for accessory buildings (%) 15 15 15 15 15 Full Municipal Services n/a 6 6 6 n/a Partial Municipal Services n/a 6 n/a n/a n/a Private Services 7.5 7.5 n/a n/a 6 Full Municipal Services n/a 1.2 on one side and 3 on the other (*9) 1.2 on one side and 3 on the other (*10)(*9) 6 (*10) 1.2 on one side and 3 on the other Partial Municipal Services n/a 1.2 on one side and 3 on the other (*9) n/a n/a n/a Private Services 6 6 n/a n/a n/a Minimum Exterior Side Yard 7.5 5 5 7.5 6 Minimum Rear Yard 7.5 6 6 7.5 6 Minimum setback from watercourse 15 15 15 15 15 Maximum Building Height 11 11 11 12 5 Maximum Accessory Building Height (*11) 5 5 5 5 5 Maximum Number of Dwelling Units (excluding second dwelling) 1 (*12) 1 for each 150 sq m of lot area to a maximum of 4 1 for each 120 sq m of lot area 1 per mobile home site (*13) Minimum Landscaped Open Space (%) 50 30 30 35 30 Other Provisions (*15) (*15) (*15) (*14) Minimum Front Yard (m) Minimum Interior Side Yard (m) Zone Minimum Lot Area (m2) Minimum Lot Frontage (m) Maximum Lot Coverage (%) City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 53 (*5) 15 metres for a single detached or duplex dwelling; 9 metres per unit for a semi- detached dwelling. (*6) A minimum of 7 metres per unit for an interior unit and 10 metres for an end/exterior unit for a Street Townhouse. (*7) Minimum 18 metres for a multiple dwelling. (*8) Frontage on an internal public or private roadway. (*9) Where there is an attached garage, the minimum interior side yard shall be 1.2 metres on both sides. (*10) For a Street Townhouse, the minimum interior side yard shall be 3.5 metres on the external units, and 0 (nil) metres for common walls. (*11) Where a second dwelling is proposed above a garage, the maximum heights of the garage shall be 8 metres. (*12) 1 dwelling only on partial or private services; 1 dwelling for each 225 square metres of lot area to a maximum of two dwellings. (*13) The maximum number of mobile home sites within a mobile home park is as exists on the date of passing of this By-law. (*14) The outer boundary of a mobile home park shall maintain minimum yards of 5 metres, all of which shall be a landscaped strip (with the exception of ingress and egress). (*15) Where a legal non-complying single detached dwelling is converted to a duplex dwelling, semi-detached dwelling or multiple dwelling, the existing yards, lot coverage and landscaped open space are deemed to comply with this by-law. 6.5 Residential Exceptions The Provisions of this Section are modified for those properties and to the extent identified in Sections 6.5.1 to 6.5.5 below. 6.5.1 Exceptions to Rural Residential (R1) Zone Exception By-law Location Schedule Special Provisions R1-1 2009-138 998199 Highway 11 North C3 In addition to the permitted uses in an R1 zone, a graphics and sign business is permitted in an accessory building. Retail sales are not permitted. All installations related to vehicles must take place off-site. For the purposes of this Section, a Graphics and Sign business means the design, production, assembly and installation of indoor and outdoor decals; signs and City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 54 Exception By-law Location Schedule Special Provisions banners; vehicle lettering and graphics, awnings; billboards; exhibits and displays; large format digital imaging; window tinting and frosting; and similar products and services, provided vehicle lettering and graphics; vehicle window tinting and frosting, and any other product designed for vehicles is not a permitted use on site. The following lot requirements apply: - Maximum number of parking spaces shall be four in addition to the requirements of the R1 zone; - No outdoor storage shall be permitted; - Signage visible from Highway 11 must not be greater than 3 sq m for one sign or two signs not exceeding a combined area of 6 sq m. R1-2 91-32 H Roll # 5418 030 011 07200 G3 The Minimum Interior Side Yard shall be 1.2 metres on one side and 2.0 metres on the other side. R1-3 R1-4 R1-5 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 55 6.5.2 Exceptions to Low Density Residential (R2) Zone Exception By-law Location Schedule Special Provisions R2-1 91-39 H 8 Lowry Street I4 The minimum interior side yard shall be 0.0 m on one side. R2-2 697 Main Street I4 In addition to the permitted uses in the R2 zone, a towing, plowing and yard maintenance establishment shall be permitted. R2-3 R2-4 R2-5 6.5.3 Exceptions to Medium Density Residential (R3) Zone Exception By-law Location Schedule Special Provisions R3-1 2246 NL 2397 NL 51 Murray Street 12 Elm Street 61 Paget Street 95 Meridian E3 and J4 In addition to the permitted uses in the R3 zone, a health services establishment shall be permitted. R3-2 2306 NL 128 Pine Street E3 The permitted principal uses are limited to the following: - A single detached dwelling; - a duplex dwelling; - a multiple dwelling with a maximum of three units. The following lot requirements apply: - Minimum lot frontage shall be 12.27 m; - Minimum lot area shall be 523 sq m R3-3 R3-4 2881 NL 329 Whitewood E3 The following lot requirements apply: - Minimum lot area shall be 600 sq m; - Minimum lot frontage shall be 12 m; - Minimum front yard setback shall be 0.9 m; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 56 Exception By-law Location Schedule Special Provisions - Minimum rear yard setback shall be 0.5 m for the accessory building; R3-5 2014-104 242 Robert St E3 The minimum lot frontage for a triplex dwelling shall be 15 m. R3-6 2017-105 258 Farah F3 In addition to the permitted uses in an R3 Zone, a street townhouse containing a maximum of 4 units is permitted. The following lot requirements apply: - Minimum lot frontage shall be 20 m; - Minimum rear yard shall be 2 m; R3-7 89-10 H 59 King Street K4 The minimum interior side yard shall be 1.125 metres on one side and 3.0 metres on the other side. R3-8 228 Heard E3 The minimum exterior side yard shall be 3.8 m. R3-9 91-39 H 130 Queen Street K4 The minimum interior side yard shall be 1.0 m on one side and 1.4 m on the other side. R3-10 1987-003 121 Station Street K4 The minimum interior side yard shall be 1.1 m on one side and 3 m on the other side. R3-11 91-47 H 250 Meridian Ave J4 The minimum interior side yard shall be 1.2 m on one side and 1.0 m on the other side. R3-12 486 Broadway I4 In addition to the permitted uses in an R3 Zone, a funeral home and accessory dwelling unit are permitted. The existing building is deemed to comply with the lot and yard requirements in an R3 Zone. R3-13 544 Rorke I4 The permitted uses are limited to a parking area accessory to the funeral home located at 486 Broadway. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 57 Exception By-law Location Schedule Special Provisions R3-14 93-78 H 401 Ferguson Ave I4 The minimum interior side yard shall be 1.8 m on the north side and 1.7 m on the south side. R3-15 Lakeview and Birch 541803000932820 K4 In addition to the permitted uses in an R3 Zone an educational establishment is a permitted use. R3-16 452 View Street J4 In addition to the permitted uses in an R3 Zone, a restaurant is permitted. 6.5.4 Exceptions to High Density Residential (R4) Zone Exception By-law Location Schedule Special Provisions R4-1 2010-026 228 Raymond Street D3 The maximum number of dwelling units on the property shall be 6. R4-2 2010-026 230 Raymond Street D3 The permitted uses are limited to the following: - Apartment residential with a maximum of 6 units; - Appliance sales and service shop; - Business, professional or administrative office; - Child care centre; - Convenience store; - Educational establishment; - Financial establishment; - Health services establishment; - Personal service establishment; - Private club; - Retail store; In addition to the above, other similar commercial and institutional uses that are compatible with the residential character of the neighbourhood are permitted. The following zone provisions apply to commercial uses: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 58 Exception By-law Location Schedule Special Provisions - Commercial uses shall be contained within the existing building; - Commercial uses are limited to a maximum of 40% of the gross floor areas of the existing building; - Commercial uses are limited to the floor at grade level. R4-3 2416 NL 67 Lakeshore Road F3 The maximum number of dwelling units on the property shall be 5. The following lot requirements apply: - Minimum lot area shall be 485 sq m; - Minimum lot frontage shall be 12 m; - Minimum interior side yard shall be 2 m; - Minimum building separation shall be 2.5 m; R4-4 2010-051 NL 157 Whitewood Avenue E3 The following lot requirements apply: - Minimum lot frontage shall be 24.5 m; - Minimum exterior side yard shall be 6.66 m; - Minimum side yard shall be 5.56 m. R4-5 2012-097 NL 97 Whitewood Avenue E3 The following lot requirements apply: - Minimum front yard shall be 5 m; - Minimum side yard for an apartment dwelling shall be 1.46 m; - Minimum landscaped area shall be 8%; R4-6 (H4) 2013-101 & 2014-206 415 Lakeshore Road F3 The maximum number of dwelling units on the property shall be 82. A single detached dwelling is a permitted use. The following lot requirements apply: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 59 Exception By-law Location Schedule Special Provisions - Minimum side yard (north side) shall be 3.7 m; - Maximum building height shall be 17 m; - All development below the 181.7 metre CGD elevation shall be flood proofed to the 181.7 CGD elevation; - Minimum parking space width shall be 2.75 m. R4-7 2016-117 100 Lakeshore Road N F3 The following lot requirements apply: - Minimum front yard shall be 4.5 m for one accessory gazebo only; - Minimum side yard for an apartment dwelling shall be 2.9 m on the south side; - Minimum landscaped open space shall be 30%; - Minimum number of parking spaces shall be 1.25 for each dwelling unit, recognizing that a minimum of 6 spaces shall be dedicated as accessible parking spaces; R4-8 89-50 H 428 Lakeview K4 The Maximum number of dwelling units on the property shall be 5; The following lot requirements apply: - Minimum lot frontage shall be 19.95 m; - Minimum front yard shall be 0.56 m; - Minimum interior side yard shall be 0.07 m; - Minimum exterior side yard shall be 0.17 m; R4-9 90-42 H 431-439 Rorke Avenue I4 The maximum number of dwelling units on the property shall be 5; The following lot requirements apply: - Minimum front yard shall be 4.18 m; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 60 Exception By-law Location Schedule Special Provisions - Minimum rear yard shall be 4.0 m; R4-10 2003-16 H 420-456 Farr Drive I4 The maximum number of street townhouse dwellings on lands zoned R4-10 shall be 25; The following lot requirements apply to each street townhouse dwelling unit: - Minimum lot area shall be 185 sq m - Minimum lot frontage shall be 7.5 m; - Minimum front yard shall be 6.0 m; - Minimum interior side yard shall be 0.0 m; - Minimum exterior side yard shall be 0.5 m; - Minimum rear yard shall be 5.5 m; - Minimum floor area shall be 80 sq. m; - Maximum height of building shall be 11.5 m; - Maximum lot coverage for a dwelling shall be 65%. R4-11 2010-012 347 Sutherland Way and Blackwall Street. I4, J4 The permitted uses are limited to a 48 unit apartment dwelling, and the following non- residential uses: - Financial establishment; - Convenience store; - Business, professional or administrative office; - Personal service establishment; - Retail store; - Educational establishment; - Place of assembly; - Place of recreation; - Place of worship; - Commercial use; - Child care centre; - Health services establishment; - Restaurant; - Public use; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 61 Exception By-law Location Schedule Special Provisions - Museum. In addition, other similar commercial and community facility uses that are compatible with the residential character of the neighbourhood are permitted. The following lot requirements apply: - Non-residential uses shall be contained within the existing building; - Non-residential uses are limited to a maximum gross floor area of 929 sq m A parking lot with a maximum of 30 parking spaces is permitted to be located on a separate parcel of land. A site plan control agreement will be required to ensure that the parking lot is designed and landscaped to ensure compatibility with adjacent residential properties and to ensure that the residential character of the neighbourhood is maintained. The site plan control agreement will require that an easement be registered on the property in favour of the property at 367 Sutherland Way to dedicate the 30 parking spaces to the residential and commercial uses on the property at 367 Sutherland Way. R4-12 2010-038 554 Lakeshore Road S I4 The maximum number of units in a multiple dwelling shall be 6; The following lot requirements apply: - Minimum interior side yard (with attached garage) shall be 2.4 m; R4-13 2012-071 H 522 Georgina Avenue I4 The maximum number of units in a multiple dwelling shall be 11. The following lot requirements apply: City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 62 Exception By-law Location Schedule Special Provisions - Minimum rear yard shall be 6.21 m; - Minimum floor area shall be 49.2 sq m R4-14 2012-111 H 2014-142 H 495 & 497 Ferguson I4 The maximum number of units in a multiple dwelling shall be 22. The following lot requirements apply: - Maximum height shall be 14.23 m. R4-15 2014-028 20 Groom Street K4 The maximum number of units in a multiple dwelling shall be 11; The following lot requirements apply: - Minimum interior side yard (without attached garage) shall be 0.127 m; R4-16 105 Market Street F3 In addition to the permitted uses in an R4 Zone, a senior citizen apartment is permitted. The following lot requirements apply: - Minimum number of parking spaces shall be .6 spaces for each dwelling unit. 6.5.5 Exceptions to Mobile Home Residential (MH) Zone Exception By-law Location Schedule Special Provisions MH-1 MH-2 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 63 Section 7: Commercial Zones 7.1 Establishment of Commercial Zones The Commercial Zones established by this By-law are: ZONE SYMBOL DESCRIPTION General Commercial Zone C1 Traditional downtown and general commercial areas (New Liskeard) General Commercial Zone C1A Traditional downtown and general commercial areas (Haileybury) Highway Commercial Zone C2 Highway commercial areas Neighbourhood Commercial Zone C3 Neighbourhood commercial uses that provide services to the local neighbourhood Tourist Commercial Zone C4 Commercial properties providing primarily tourist accommodation and camps. 7.2 General Prohibition No person shall within any Commercial Zone, use any land, or erect, alter, or use any building or structure except as specified hereunder, and in accordance with all other applicable provisions of this By-law. 7.3 Permitted Uses Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and corresponding with the row for a specific permitted use in the Permitted Uses Table. A number(s) following the symbol '', zone heading or identified permitted use, indicates that one or more conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Permitted Principal Uses Table, Table 7.1, and Permitted Accessory Uses Table, Table 7.2. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 64 TABLE 7.1 - PERMITTED PRINCIPAL USES Permitted Uses C1 C1A C2 C3 C4 General Commercial (New Liskeard) General Commercial (Haileybury) Highway Commercial Neighbourhood Commercial Tourist Commercial Agricultural Processing Establishment  Agricultural Produce Warehouse  Agricultural Product Sales Outlet  Agricultural Services  Agricultural Supply/Implement Dealership  Boarding House   Building Supply Establishment  Bulk Sales Establishment  Business, Professional or Administrative Office    Contractor's Establishment  Convenience Store     Child Care Centre     Driving Range  Dry Cleaning Establishment     Dwelling, Apartment (*1) Dwelling, Multiple (*1) Dwelling, Semi-Detached  (*1) (*1) Dwelling, Single Detached  (*1) (*1) (*1) Dwelling, Street Townhouse (*1) Educational Establishment    Equipment Sales, Service & Rental Establishment  Financial Establishment    Funeral Home    Greenhouse, Nursery, Garden Centre    Grocery Store    Group Home    Health Services Establishment    Home for Special Care    Hospital  Hotel/Motel     Kennel  Laundromat     Long Term Care Home   Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 65 TABLE 7.1 - cont'd Permitted Uses C1 C1A C2 C3 C4 General Commercial (New Liskeard) General Commercial (Haileybury) Highway Commercial Neighbourhood Commercial Tourist Commercial Marina    Marine Sales & Service Establishment    Market     Motor Vehicle Body Repair Shop    Motor Vehicle Dealership    Motor Vehicle Service Station    Motor Vehicle Washing Establishment    Outdoor Recreation, Active     Outdoor Recreation, Passive     Parking Lot    Personal Service Establishment     Place of Assembly    Place of Entertainment    Place of Recreation    Place of Worship    Printing Establishment    Recreational Vehicle Sales and Service Establishment  Restaurant     (*2) (*1) Restaurant, Drive-Through or Take-Out    Retail Store     (*2) Self Storage Facility  Service Establishment    Tourist Camping Establishment  Tourist Establishment     Transportation Depot  Veterinary Establishment    Wayside Pit or Quarry  Wholesale Establishment  Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 66 TABLE 7.2 - PERMITTED ACCESSORY USES 7.3.1 Notes to Permitted Uses (*1) Legally Existing only; (*2) To a maximum 150 square metres per establishment; (*3) Located in a legally existing single detached or semi-detached dwelling only. 7.4 Lot Requirements No person shall, within any Commercial Zone, use any lot or erect, alter or use any building or structure except in accordance with the standards in the Lot Requirements Table. A number(s) following a Lot Requirement, zone heading or description of the requirement, indicates that one or more conditions apply to the requirement noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Lot Requirements Table, Table 7.3. Accessory Uses C1 C1A C2 C3 C4 Principal Use General Commercial General Commercial Highway Commercial Neighbourhood Commercial Tourist Commercial Bed and Breakfast Establishment (*3) (*3) Dwelling Unit in a non-residential building     Home Occupation (*3) (*3) (*3) Outdoor Storage  Private Home Child Care (*3) (*3) (*3)  Second Dwelling Unit (*3) (*3) Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 67 TABLE 7.3 - COMMERCIAL ZONE REQUIREMENTS 7.4.1 Additional Commercial Zone Requirements (*1) In the area bounded by [to apply to Business Improvement Area], the minimum yard shall be 0 (nil). (*2) A maximum of 5 dwellings per establishment, provided a minimum of 1 parking space per dwelling is available on the site. (*3) A dwelling unit is only permitted above the first storey. Regulation C1 C1A C2 C3 C4 General Commercial General Commercial Highway Commercial Neighbourhood Commercial Tourist Commercial Full Municipal Services nil nil 550 550 1000 Partial Municipal Services n/a n/a 550 n/a 4000 Private Services n/a n/a 1 ha n/a 4000 Full Municipal Services nil nil 15 18 30 Partial Municipal Services n/a n/a 18 n/a 60 Private Services n/a n/a 45 n/a 60 Full Municipal Services 80 80 40 50 40 Partial Municipal Services n/a n/a 25 n/a 30 Private Services n/a n/a 25 n/a 30 Maximum Lot Coverage for accessory buildings (%) 5 5 10 5 10 Full Municipal Services 7.5 (*1) nil 15 7.5 7.5 Partial Municipal Services n/a n/a 15 n/a 7.5 Private Services n/a n/a 15 n/a 7.5 Full Municipal Services nil nil 4.5 4.5 6 Partial Municipal Services n/a n/a 15 n/a 6 Private Services n/a n/a 15 n/a 6 Minimum Interior Side Yard abutting a Residential Zone (m) 3 3 5 5 10 Minimum Exterior Side Yard 7.5 (*1) nil 15 7.5 7.5 Minimum Rear Yard 7.5 (*1) 3 7.5 7.5 7.5 Minimum Rear Yard abutting a Residential Zone 7.5 3 10 7.5 10 Minimum setback from watercourse 15 15 15 15 15 Maximum Building Height 15 15 15 11 11 Maximum Accessory Building Height 5 5 5 5 6 Maximum Number of Dwelling Units (excluding second dwelling) 5 (*2)(*3) 5 (*4) 1 1 1 (*5) Minimum Landscaped Open Space (%) 0 0 10 30 30 Other Provisions (*9) (*6)(*9) (*7)(*8) Zone Minimum Lot Area (m2) Minimum Lot Frontage (m) Maximum Lot Coverage (%) Minimum Front Yard (m) Minimum Interior Side Yard (m) City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 68 (*4) A minimum lot area of 110 square metres per dwelling, up to a maximum of 5 dwelling units on a lot, and provided a minimum of 1 parking space per dwelling is available on the site. (*5) Staff quarters are permitted in addition to the number of dwelling units. (*6) Planting Strip location - a planting strip shall be required along any portion of a rear or side lot line which abuts a Residential zone. (*7) Maximum number of commercial establishments per lot - 3. (*8) Maximum net floor area for each commercial establishment - 150 square metres. (*9) A dwelling unit is only permitted above the first storey or in the rear ½ of the first storey. 7.5 Commercial Exceptions The provisions of this Section are modified for those properties and to the extent identified in Sections 7.5.1 to 7.5.5 below. 7.5.1 Exceptions to General Commercial (C1) Zone Exception By-law Location Schedule Special Provisions C1-1 2510 NL 66 Lakeshore Road F3 Residential uses are not permitted. The following lot requirements apply: - Minimum lot area shall be 1200 sq m; - Minimum lot frontage shall be 30 m; - Maximum lot coverage shall be 60%; - Minimum front yard shall be 6 m; - Minimum rear yard shall be 2.8 m; - Minimum interior side yard shall be 3 m; - Minimum building separation shall be 4 m' - Maximum building height shall be 6 m; - The minimum number of parking spaces shall be 6; - No part of any parking space shall be located closer than: 0.15 m to any street line or 1.5 m to any other lot line; - Notwithstanding the requirements of Section 5.2.1, a minimum of 1 parking space for each 90 sq m of gross floor area or portion thereof is required; C1-2 C1-3 C1-4 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 69 7.5.2 Exceptions to General Commercial (C1A) Zone Exception By-law Location Schedule Special Provisions C1A-1 C1A-2 C1A-3 C1A-4 7.5.3 Exceptions to Highway Commercial (C2) Zone Exception By-law Location Schedule Special Provisions C2-1 2005-039 D 997498 Highway 11 D3 The maximum number of dwelling units per lot is 2. C2-2 2541 NL 3 Pine Avenue E3 In addition to the permitted uses in a C2 zone, a sign painting shop is permitted. The following uses are not permitted: - Residential uses; - Fuel pump island; - Outdoor storage. The following lot requirements apply: - Maximum lot coverage shall be 62%; - Minimum exterior side yard shall be 0 m; - Minimum rear yard shall be 3.6 m; - Minimum side yard shall be 0.3 m; - Minimum building separation shall be 2.5 m; - Maximum building height shall be 12 m; - A planting strip shall not be required along any portion of a rear lot line or any portion of a side lot line which abuts a residential zone; - Minimum landscaped open space shall be 0%; - Minimum number of parking spaces per lot shall be 5; - No part of any parking space shall be located closer than: 0 m to any street or rear lot line; 0.3 m to a residential lot line; 3 m to a sight triangle; - Two parking spaces 3.5 m x 5.3 m shall be located in the rear (north) yard. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 70 Exception By-law Location Schedule Special Provisions These spaces will require only one entrance on to Armstrong Street; - Three parking spaces shall be located in the front (south) yard, with access to Pine Avenue. C2-3 2803 NL 211 Armstrong Street E3 The following lot requirements apply: - Maximum lot coverage shall be 55%; - Minimum exterior side yard, interior side yard and rear yard shall be 0 m; - Minimum building separation shall be 2.5 m; - Maximum building height shall be 12 m. C2-4 93-5 H 326 Rorke I4, J4 The following lot requirements apply: - Minimum interior side yard shall be 1.2 m; - Minimum rear yard shall be 1.2 m; - Minimum landscaped buffer area between the property and adjacent residential properties shall be 1.2 m. 7.5.4 Exceptions to Neighbourhood Commercial (C3) Zone Exception By-law Location Schedule Special Provisions C3-1 2017-063 419 Whitewood E3 Minimum number of parking spaces for a personal service establishment shall be 5. C3-2 C3-3 C3-4 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 71 7.5.5 Exceptions to Tourist Commercial (C4) Zone Exception By-law Location Schedule Special Provisions C4-1 743022 Dawson Point Road E4 The permitted uses are limited to the following: - An accessory dwelling unit; - Rental cabins. The following lot requirements apply: - Minimum lot area shall be 1,400 sq m; - Minimum lot frontage shall be 28 m; - Maximum number of dwelling units per lot shall be one (1); - Maximum lot coverage shall be 30%; - Minimum front yard, exterior side yard and rear yard shall be 10 m; - Minimum interior side yard shall be 1 m on the west side and 10 m on the east side of the retained property; and 6 m on the east side and 10 m on the west side of the severed property; - Maximum building height shall be 10 m; - Minimum landscape open space shall be 20%; - A planting strip shall be required along any portion of a rear lot line or any portion of a side lot line which abuts a residential zone. C4-2 C4-3 C4-4 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 72 Section 8: Industrial Zones 8.1 Establishment of Industrial Zones The Industrial Zones established by this By-law are: ZONE SYMBOL DESCRIPTION General Industrial Zone M1 Industrial uses primarily within a building that do not create significant compatibility issues Manufacturing Industrial Zone M2 Industrial uses more intensive in nature which may include portions of the operation outdoors Mineral Aggregate Resource Zone M3 Licenced pit and/or quarry operations Waste Management Zone M4 Public and private waste management uses 8.2 General Prohibition No person shall within any Industrial Zone, use any land, or erect, alter, or use any building or structure except as specified hereunder, and in accordance with all other applicable provisions of this By-law. 8.3 Permitted Uses Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and corresponding with the row for a specific permitted use in the Permitted Uses Table. A number(s) following the symbol '', zone heading or identified permitted use, indicates that one or more conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Permitted Principal Uses Table, Table 8.1, and Permitted Accessory Uses Table, Table 8.2. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 73 TABLE 8.1 - PERMITTED PRINCIPAL USES Permitted Uses M1 M2 M3 M4 General Industrial Manufacturing Industrial Mineral Aggregate Resource Waste Management Agricultural Processing Establishment   Agricultural Produce Warehouse   Agricultural Services   Agricultural Supply/Implement Dealership   Business, Professional or Administrative Office  Contractor's Establishment   Crematorium   Dry Cleaning Establishment   Educational Establishment  Equipment Sales, Service & Rental Establishment   Forestry Use   Funeral Home  Greenhouse, Nursey, Garden Centre  Heavy Equipment Sales and Service Establishment   Industrial Use   Kennel  Light Industrial Use   Marine Sales & Service Establihsment   Micro Brewery/Winery (*2) Motor Vehicle Body Repair Shop   Motor Vehicle Service Station  Motor Vehicle Washing Establishment  Pit  Place of Entertainment  Place of Recreation  Place of Worship  Printing Establishment   Quarry  Recreational Vehicle Sales and Service Establishment   Recycling Facility   Sawmill   Self Storage Facility  Transportation Depot   Veterinary Establishment  Warehouse   Waste Disposal Facility  Wayside Pit or Quarry     Wholesale Establishment   Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 74 TABLE 8.2 - PERMITTED ACCESSORY USES 8.3.1 Notes to Permitted Uses (*1) The maximum floor area devoted to retail use shall not exceed 35% of the gross floor area of the permitted principal use. (*2) The maximum floor area devoted to retail sales, tasting area and public space, shall not exceed 35% of the gross floor area of the facility. 8.4 Lot Requirements No person shall, within any Industrial Zone, use any lot or erect, alter or use any building or structure except in accordance with the standards in the Lot Requirements Table. A number(s) following a Lot Requirement, zone heading or description of the requirement, indicates that one or more conditions apply to the requirement noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Lot Requirements Table, Table 8.3. Accessory Uses M1 M2 M3 M4 Geneal Industrial Manufacturing Industrial Mineral Aggregate Resource Waste Management Outdoor Storage    Retail Store (*1) (*1) Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 75 TABLE 8.3 - INDUSTRIAL ZONE REQUIREMENTS 8.4.1 Additional Industrial Zone Requirements (*1) No building setback shall be required from any portion of a lot line which abuts a railroad right-of-way. (*2) A planting strip shall be required along any portion of a rear lot line or an interior side lot line which abuts a residential zone. (*3) Minimum planting strip width - 5 metres. Regulation M1 M2 M3 M4 General Industrial Manufacturing Industrial Mineral Aggregate Resource Waste Management Full Municipal Services 450 4000 n/a n/a Partial Municipal Services 600 4000 n/a n/a Private Services 4000 4000 10 ha nil Full Municipal Services 20 20 n/a n/a Partial Municipal Services 20 20 n/a n/a Private Services 45 45 100 nil Full Municipal Services 60 60 n/a n/a Partial Municipal Services 30 30 n/a n/a Private Services 30 30 20 20 Maximum Lot Coverage for accessory buildings (%) 20 20 10 10 Full Municipal Services 8 8 n/a n/a Partial Municipal Services 8 8 n/a n/a Private Services 15 15 30 30 Full Municipal Services 5 5(*1) n/a n/a Partial Municipal Services 8 8 n/a n/a Private Services 8 8 30 30 Minimum Interior Side Yard abutting a Residential Zone (or Community Facilities (CF) Zone)(m) 7.5 10 60 60 Minimum Exterior Side Yard 8 8(*1) 30 30 Minimum Rear Yard 8(*1) 8(*1) 30 30 Minimum Rear Yard abutting a Residential Zone (or CF Zone) 7.5 10 60 60 Minimum setback from watercourse 15 15 30 60 Maximum Building Height 12 12 12 12 Maximum Accessory Building Height 5 5 5 5 Minimum Landscaped Open Space (%) 10 0 0 0 Other Provisions (*2, *3) (*2)(*3) (*2, *4) (*2) Minimum Interior Side Yard (m) Minimum Front Yard (m) Zone Minimum Lot Area (m2) Minimum Lot Frontage (m) Maximum Lot Coverage (%) City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 76 (*4) No building, structure or outside storage of materials, equipment, finished or unfinished products, or parking or staging of trucks or cranes or any other mechanical equipment is permitted: i) Within 60 m of a public street or road; ii) Within 30 m of a zone boundary. 8.5 Industrial Exceptions The provisions of this Section are modified for those properties and to the extent identified in Sections 8.5.1 to 8.5.4 below. 8.5.1 Exceptions to General Industrial (M1) Zone Exception By-law Location Schedule Special Provisions M1-1 2000-04 500 Marcella I4 In addition to the permitted uses in an M1 Zone, 1 dwelling unit in a non-residential building is permitted as an accessory use to the primary industrial operation, provided such dwelling is restricted to the upper level of the building. M1-2 998189 Highway 11 C3 The permitted uses are limited to: - An accessory single detached dwelling; - A motor vehicle body shop. The following lot requirements apply: - Minimum lot area shall be 460 sq m; - Minimum lot frontage shall be 15 m; - Minimum front yard shall be 9 m; - Minimum interior side yard shall be 6 m; - Maximum lot coverage shall be 10%; - Minimum landscaped area shall be 50%; - A planting strip shall be required along any portion of a rear lot line or any portion of a side lot line which abuts a Residential Zone. M1-3 1430 Lakeshore Road 1444 Lakeshore Road G3 The permitted uses are limited to: - Agricultural Processing Establishment - Agricultural Produce Warehouse - Agricultural Services City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 77 Exception By-law Location Schedule Special Provisions - Contractor's Establishment - Equipment Sales, Service & Rental Establishment - Greenhouse, Nursery, Garden Centre - Industrial Use - Light Industrial Use - Marine Sales & Service Establishment - Micro-brewery/Winery - Recycling - Self Storage Facility - Warehouse M1-4 M1-5 8.5.2 Exceptions to Manufacturing Industrial (M2) Zone Exception By-law Location Schedule Special Provisions M2-1 2004-098 744087 Brazeau Blvd F2 In addition to the permitted uses in an M2 Zone, a training institution and accessory uses associated with a training institution shall be permitted. For the purposes of this Section, a Training institution means a facility at which groups or individuals can be trained in classroom settings and provided with hands on training in respect to heavy equipment associated with the construction industry. A training institute shall also include transport training. M2-2 2015-152 437099 Hawn Drive F2 In addition to the permitted uses in an M2 zone, a retail store is permitted. The following lot requirements apply: - a maximum of 235 sq m within the existing building may be dedicated to the retail establishment; - outdoor storage of goods associated with the retail store is not permitted. M2-3 M2-4 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 78 8.5.3 Exceptions to Mineral Aggregate Resource (M3) Zone Exception By-law Location Schedule Special Provisions M3-1 M3-2 M3-3 M3-4 M3-5 8.5.4 Exceptions to Waste Management (M4) Zone Exception By-law Location Schedule Special Provisions M4-1 M4-2 M4-3 M4-4 M4-5 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 79 Section 9: Agricultural and Rural Zones 9.1 Establishment of Agricultural and Rural Zones The Agricultural and Rural Zones established by this By-law are: ZONE SYMBOL DESCRIPTION Agricultural One Zone A1 Prime Agricultural Area Rural Zone RU Rural Area with varied agricultural potential 9.2 General Prohibition No person shall within any Agricultural or Rural Zone, use any land, or erect, alter, enlarge, use or maintain any building or structure except as specified hereunder, and with all other applicable provisions of this By-law. 9.3 Permitted Uses Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and corresponding with the row for a specific permitted use in the Permitted Uses Table. A number(s) following the symbol '', zone heading or identified permitted use, indicates that one or more conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Permitted Principal Uses Table, Table 9.1, and Permitted Accessory Uses Table, Table 9.2. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 80 TABLE 9.1 - PERMITTED PRINCIPAL USES TABLE 9.2 - PERMITTED ACCESSORY USES 9.3.1 Notes to Permitted Uses: (*1) One single detached dwelling permitted on a lot existing at the time of passing of this by-law. (*2) Only permitted on a lot greater than 2 hectares and accessory to a permitted residential or agricultural use. Permitted Uses A1 RU Prime Agricultural Rural Agricultural Processing Establishment   Agricultural Produce Warehouse   Agricultural Use   Agricultural Product Sales Outlet   Agricultural Services   Cemetery  Contractor's Establishment  Dwelling, Single Detached (*1) Equestrian Facility   Forestry Use  Greenhouse, Nursery, Garden Centre   Group Home   Market   Wayside Pit or Quarry   Zones Accessory Uses A1 RU Prime Agricultural Rural Bed and Breakfast Establishment   Dwelling, Single detached   Home Industry   Home Occupation   Kennel  (*2) Outdoor Storage   Private Home Child Care   Second Dwelling Unit   Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 81 9.4 Lot Requirements No person shall, within any Agricultural or Rural Zone, use any lot or erect, alter or use any building or structure except in accordance with the standards in the Lot Requirements Table. A number(s) following a Lot Requirement, zone heading or description of the requirement, indicates that one or more conditions apply to the requirement noted or, in some cases, to the entire Zone. Conditions are listed in the Notes below the Lot Requirements Table, Table 9.3. TABLE 9.3 - AGRICULTURAL AND RURAL ZONE REQUIREMENTS 9.4.1 Additional Rural and Agricultural Zone Requirements (*1) Provided that such dwelling units are occupied by persons involved with the operation of the farm. Regulation A1 RU Prime Agricultural Rural General 40 10 Residential Lot (surplus dwelling) 0.6 n/a Residential Lot (created by consent) n/a 0.6 General 120 120 Residential Lot 60 60 General 5 5 Residential Lot 20 20 Maximum Lot Coverage for accessory buildings (%) 5 5 General 30 30 Residential Use 9 9 General 15 15 Residential Use 9 3 Minimum Interior Side Yard abutting a Residential Zone (m) 30 15 General 15 15 Residential Use 10 10 Minimum Rear Yard abutting a Residential Zone (m) 30 30 Minimum setback from watercourse (m) 15 15 Maximum Building Height (m) 11 11 Maximum Accessory Building Height (m) 11 11 Agriculture 3 (*1) 2 (*1) Residential lot or other non-residential use 1 1 Minimum Landscaped Open Space (%) 0 0 Other Provisions (*2) (*2) Minimum Front Yard and Exterior Side Yard (m) Minimum Interior Side Yard (m) Minimum Rear Yard (m) Maximum Number of Dwelling Units (excluding second dwelling) Zone Minimum Lot Area (hectares) Minimum Lot Frontage (metres) Maximum Lot Coverage (%) City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 82 (*2) Outdoor storage area is permitted only in accordance with the following provisions: (i) no outdoor storage area shall be permitted in a rear yard adjacent to a rear lot line of such lot which abuts a Residential zone; (ii) no outdoor storage area shall be permitted in a side yard adjacent to a side lot line of such lot which abuts a Residential zone; and (iii) no portion of any outdoor storage area for combustible materials shall be located closer than 6.0 metres to any lot line. 9.5 Agricultural and Rural Exceptions The provisions of this Section are modified for those properties and to the extent identified in Sections 9.5.1 and 9.5.2 below. 9.5.1 Exceptions to Agricultural One (A1) Zone Exception By-law Location Schedule Special Provisions A1-1 A1-2 A1-3 984 & 1147 D 883006 Highway 65 East E4 The permitted uses are limited to the following: - An equipment storage building; - An agricultural use; - A flea market; - A livestock building; - A livestock sales business; - An open storage area; - A produce building; - a vehicle agency. Residential uses are not permitted. The following lot requirements apply: - Minimum lot area shall be 8000 sq m; - Minimum lot frontage shall be 100 m; - Maximum lot coverage shall be 20%; - Minimum front yard and exterior side yard shall be 15 m; - Minimum rear yard shall be 10 m; - Minimum interior side yard shall be 7.5 m; - Maximum building height shall be 10 Minimum landscaped area shall be 40%. A1-4 1040 D 823241 A Tobler's Road D4 & E4 The permitted uses are limited to the following: - A repair shop for vehicles and light equipment; - Sale of parts accessory to a repair shop; City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 83 Exception By-law Location Schedule Special Provisions - An accessory business office; - An open storage area; and - An accessory dwelling house. The following lot requirements apply: - Minimum lot area shall be 4500 sq m; - Minimum lot frontage shall be 45 m; - Maximum lot coverage shall be 20%; - Minimum front yard and shall be 15 m; - Minimum rear yard shall be 10 m - Minimum side yard shall be 3 m - Minimum landscaped area shall be 40%. A1-5 1064 D 863126 Uno Park Road A4 In addition to the permitted uses in an A1 zone, the following uses are permitted: - A stone quarry; - A building or processing plant; accessory to a stone quarry; The following lot requirements apply: - Maximum lot coverage shall be 2%. A1-6 1236 D 117332 Sales Barn Road In addition to the permitted uses in an A1 zone, the following uses are permitted: - Single detached dwelling; - Kennel. The following lot requirements apply: - Maximum lot coverage shall be 1%; - A planting strip shall be required on the south side of the property so as to sufficiently screen the view of the kennel operation from residential dwellings located on the south side of Highway No. 65; - A berm shall be required on the south side of the property so as to reduce the noise of the kennel operation from residential dwellings located on the south side of Highway No. 65. The planting strip may be located on the berm. A second berm shall be required on the east side of the property so as to reduce the noise of the traffic on the Concession Road between the existing house and the barn located north of the house. Berms shall be a minimum of 1.0 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 84 Exception By-law Location Schedule Special Provisions metre in height and be sloped to a 1:2 ratio. - 1 parking space shall be provided for each 50 sq m of gross floor area or portion thereof; - The kennel area which includes all sheds, sleep areas, storage buildings and exercise run area, covered or uncovered, whether fenced or unfenced which are associated with the operation of a kennel, shall be limited to 850 sq m maximum lot coverage. These buildings, structures and areas associated with the operation of the kennel shall be separate from and not considered part of the building areas as provided by the 1% lot coverage provision above. A1-7 2011-107 D 138289 Peters Road B4 The minimum side yard shall be 6 m. A1-8 2013-203 D 5418-020-001-03750 & 03775 E1 In addition to the permitted uses in the A1 zone, solar energy generation is permitted. The following lot requirements apply: - Minimum lot area shall be 5.5 ha; - Minimum lot frontage shall be 249 m. A1-9 2015-074 D 118420 Sales Barn Road A4 In addition to the permitted uses in the A1 zone, an accessory triplex dwelling is permitted as an accessory use to an agricultural use. For the purposes of this Section, an accessory triplex dwelling is a dwelling containing three dwelling units which is accessory to a permitted non-residential use and in which the dwelling units are occupied either by the family of the owner of such non-residential use or by the family of a person employed on the lot where such dwelling house is located. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 85 9.5.2 Exceptions to Rural (RU) Zone Exception By-law Location Schedule Special Provisions RU-1 2006-91 644040 Wilson Road G2 The minimum front yard shall be 15.24 m for an accessory building. RU-2 95-64 H 583250 West Road I4 In addition to the permitted uses in the RU zone, a 2-unit residential dwelling and a golf ball driving range shall be permitted uses; For the purposes of this Section, - Planting Strip means an area which shall be used for no purpose other than planting a row of coniferous trees to be grown to a height of at least 6 m, for the purpose of a privacy screen, each tree being planted no greater than 3 m from the next tree along the planning strip. A planting strip is required along the common lot line with the adjacent property to the east, extending along the lot line 92 m in a southerly direction from the northeast corner of the property. RU-3 96-50 H 75770 Cemetery Road L3 One existing mobile home shall be permitted. RU-4 99-28 H 583361-583367 West Road I3 In addition to the permitted uses in the RU zone, a contactor's establishment and a greenhouse, nursery, garden centre are permitted. RU-5 2000-20 H 175623 Fleming Road H2 In addition to the permitted uses in the RU zone, the temporary storage of no more than 150 logs used in the erection of temporary lot structures is permitted, provided the total number of temporary log structures erected in any calendar year does not exceed 4; For the purposes of this Section, a temporary log structure means the processing of raw logs by peeling, sizing, marking, shaping and fitting together on temporary footings based on drawing specifications into one unit, but excludes the addition of windows, doors, wiring, drywall, City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 86 Exception By-law Location Schedule Special Provisions etc., associated with the finishing of a structure; The following zone provisions apply: - Access and parking for the work area shall be located adjacent to the existing house; - No work in conjunction with the temporary log structures shall be conducted between the hours of 8:00 p.m. and 8:00 a.m.; - Peeled bark is to be stockpiled in a manner preventing decomposition and filtration into the subsurface; - Peeled bark is to be removed from site and disposed of in accordance with Federal, Provincial and Municipal regulations prior to it decomposing; - Approval from the City shall be obtained for each temporary log structure prior to the commencement or erecting of any temporary log structure. RU-6 2006-042 584104 Mowat Landing Road I1, I2 In addition to the permitted uses in the RU zone, the importation of raw wood material for the purpose of processing into a finished wood product or by-product is permitted. RU-7 2012-021 1106 Lakeshore Road S H4 The permitted uses are limited to the following: - All existing uses which include general office, indoor storage and outdoor storage; - Agriculture services; - Bulk sales establishment; - Bulk storage yard; - Forestry; - Marina; - All uses accessory to a main use. Due to odour issues that could be associated with the possible future industrial sewage treatment plant on the adjacent property, the following sensitive land uses are strictly prohibited: - Residences or buildings where people sleep, i.e. single and multi- unit dwellings, nursing homes, City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 87 Exception By-law Location Schedule Special Provisions hospitals, trailer parks and camping grounds, etc.; - Institutional uses, i.e. schools, churches, community centres, day care centres, etc.; - Outdoor recreational uses, i.e. trailer parks, picnic areas, etc. RU-8 2017-147 1191 Lakeshore Road South G3 The minimum front yard and minimum setback from a watercourse for a single detached dwelling shall be 0 m. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 88 Section 10: Other Zones 10.1 Establishment of Other Zones The Other Zones established by this By-law are: ZONE SYMBOL DESCRIPTION Community Facilities Zone CF Institutional uses Open Space Zone OS Public and private open space uses Environmental Protection Zone EP Development Zone D Lands reserved for future development Mixed Use-A Zone MU-A Agricultural Research Station 10.2 General Prohibition No person shall within any of the Other Zones, use any land, or erect, alter, or use any building or structure except as specified hereunder, and in accordance with all other applicable provisions of this By-law. 10.3 Permitted Uses Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and corresponding with the row for a specific permitted use in the Permitted Uses Table. A number(s) following the symbol '', zone heading or identified permitted use, indicates that one or more conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Permitted Principal Uses Table, Table 10.1. and Permitted Accessory Uses Table 10.2. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 89 TABLE 10.1 - PERMITTED PRINCIPAL USES TABLE 10.2 - PERMITTED ACCESSORY USES 10.3.1 Notes to Permitted Uses: (*1) Excluding any building or structure. (*2) Existing uses only. (*3) Limited to Corporate accommodation and dining facilities. Permitted Uses CF OS EP D MU-A Community Facilities Open Space Environmental Protection Development Mixed Use-A Agricultural Research Station Agricultural Processing Establishment  Agricultural Produce Warehouse  Agricultural Product Sales Outlet  Agricultural Services  Agricultural Use  (*1) (*2)  Business, Professional or Administrative Office  Cemetery   Child Care Centre  Driving Range  Dwelling, Single Detached (*2) Educational Establishment   Golf Course  Greenhouse, Nursey, Garden Centre  Health Services Establishment  Home for Special Care  Hospital  Long Term Care Home  Outdoor Recreation, Active   Outdoor Recreation, Passive    Place of Assembly   Place of Recreation   Place of Worship  Retirement Home  Tourist Establishment Wayside Pit or Quarry  Zones Accessory Uses CF OS EP D MU-A Marine Facility  Residential Unit in a non-residential building  Zones City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 90 10.4 Lot Requirements No person shall, within any Industrial Zone, use any lot or erect, alter or use any building or structure except in accordance with the standards in the Lot Requirements Table. A number(s) following a Lot Requirement, zone heading or description of the requirement, indicates that one or more conditions apply to the requirement noted or, in some cases, to the entire Zone. Conditions are listed in the Footnotes below the Lot Requirements Table, Table 10.3. TABLE 10.3 - ZONE REQUIREMENTS FOR OTHER ZONES Regulation CF OS EP D MU-A Community Facilities Open Space Recreation Environmental Protection Development Mixed Use-A Full Municipal Services 1000 nil nil (*1) (*1) Partial Municipal Services 1500 nil nil (*1) (*1) Private Services 1500 4 ha nil (*1) n/a Full Municipal Services 20 10 nil (*1) (*1) Partial Municipal Services 25 25 nil (*1) (*1) Private Services 25 60 nil (*1) n/a Full Municipal Services 40 10 10 30 30 Partial Municipal Services 20 10 10 15 10 Private Services 20 10 10 5 n/a Maximum Lot Coverage for accessory buildings (%) 5 5 5 5 5 Full Municipal Services 6 10 15 6 6 Partial Municipal Services 6 10 15 6 6 Private Services 7.5 15 15 6 n/a Full Municipal Services 6 6 7.5 3 3 Partial Municipal Services 12 15 15 3 3 Private Services 12 15 15 3 n/a Minimum Interior Side Yard abutting a Residential Zone 7.5 10 15 3 3 Minimum Exterior Side Yard 6 10 15 5 6 Minimum Rear Yard 6 6 7.5 6 10 Minimum Rear Yard abutting a Residential Zone 6 6 7.5 6 10 Minimum setback from watercourse 15 15 15 15 15 Maximum Building Height 12 12 10 10 10 Maximum Accessory Building Height 5 5 5 5 5 Maximum Number of Dwelling Units (excluding second dwelling) 1 0 0 (*2) (*2) Minimum Landscaped Open Space (%) 20 50 50 30 Other Provisions Zone Minimum Lot Area (m2) Minimum Lot Frontage (m) Maximum Lot Coverage (%) Minimum Front Yard (m) Minimum Interior Side Yard (m) City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 91 10.4.1 Additional Other Zone Requirements (*1) The minimum lot area and lot frontage requirements of a lot are the dimensions of that lot existing on the date of passing of this by-law. (*2) The maximum number of dwelling units are as existing at the date of passing of this by-law. 10.5 Other Zone Exceptions The provisions of this Section are modified for those properties and to the extent identified in Sections 10.5.1 to 10.5.5 below. 10.5.1 Exceptions to Community Facilities (CF) Zone Exception By-law Location Schedule Special Provisions CF-1 2409 NL 260 Whitewood Avenue F3 In addition to the uses permitted in the CF zone, a dwelling unit accessory to a place of worship and a thrift shore are permitted. The following lot requirements apply: - Maximum lot coverage shall be 65%; - Minimum front yard shall be 0 m; - Minimum side yard shall be 2 m; - Minimum building separation shall be 3 m; - Minimum landscaped area shall be 15%; - Minimum parking space requirements shall be 1 space for a dwelling unit and 1 space for each 55 sq m of net floor area; - No parts of any parking space shall be located closer than 1.5 m to any street line; 1.5 m to any laneway line; or 6 m to any other lot line. CF-2 CF-3 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 92 10.5.2 Exceptions to Open Space Recreational (OS) Zone Exception By-law Location Schedule Special Provisions OS-1 OS-2 10.5.3 Exceptions to Environmental Protection (EP) Zone Exception By-law Location Schedule Special Provisions EP-1 2013-151 Pt Lot 10, Con 2, Dymond E4 The permitted uses are limited to the following: - Conservation use; - Flood control and erosion use; - Fish management use. EP-2 Sasaginaga Lake and Graham Lake, Lots 6 & 7, Con I L2 & L3 Notwithstanding any other provisions of this By-law to the contrary, in the area zoned EP-2 on the shores of Sasaginaga Lake and Graham Lake, no buildings or structures are permitted except: - For purposes of erosion and flood control; and - For protection of the water supply or the Town of Cobalt and Township of Coleman. For greater clarity, the Sasaginaga Lake and Graham Lake EP-2 Zone is deemed to extend inland 60 metres from the shoreline. 10.5.4 Exceptions to Development (D) Zone Exception By-law Location Schedule Special Provisions D-1 D-2 10.5.5 Exceptions to Mixed Use-Area A (MU-A) Zone Exception By-law Location Schedule Special Provisions MU-A-1 MU-A-2 City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 93 Section 11: Overlay Zones 11.1 Establishment of Overlay Zones 11.1.1 The Overlay Zones established by this By-law are: - Flood Hazard Constraint Overlay (F); - Mining Constraint Overlay (MC); 11.1.2 The Overlay zone identifies a specific constraint that must be addressed before any development that would otherwise be permitted by the underlying zone can occur. 11.2 General Prohibition 11.2.1 No person shall within the Flood Hazard Constraint Overlay or the Mining Constraint Overlay use any land, or erect, alter, or use any building or structure except as specified hereunder, and in accordance with all other applicable provisions of this By-law. 11.2.2 The following provisions take precedence over the provisions of the underlying zone. Any development permitted shall be subject to the corresponding lot requirements for the zone in which the property is located. 11.3 Flood Hazard Constraint Overlay (F): 11.3.1 Identification and Interpretation: i) Lands located in the Flood Hazard Constraint Overlay are identified on the schedules to this By-law and identify lands that are susceptible to flooding, erosion or other natural hazards. Lands not identified on the schedules to this By-law but that are located below the 181.7 CGD elevation are considered to be within the Flood Hazard Constraint Overlay. The delineation of Flood Hazard Constraint Area Overlay is based on the most current information available and may not be accurate or up to date in some areas. ii) Development is restricted in these areas in an effort to minimize the threat of injury or loss of life and prohibit land uses where flooding may compromise the ability to deliver essential services, or where flooding may cause unacceptable risk of property damage. iii) The Flood Hazard Constraint Overlay reflects the location of the Lake Temiskaming regulatory flood elevation. Where the lands are shown on the schedules to this By- law, the flood elevation as shown on the schedules shall be confirmed by an Ontario Land Surveyor prior to development occurring. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 94 iv) Where lands along the Lake Temiskaming shoreline are not shown on the schedules to this By-law but are below the 181.7 CGD elevation, the elevation line shall be provided by an Ontario Land Surveyor prior to development occurring. 11.3.2 Floodproofing: a) All new development and expansions to existing buildings and structures below the 181.7 CGD elevation shall be floodproofed to the 181.7 CGD elevation. b) Where an applicant proposes to provide, or add any additional dwelling units, the entire building shall be floodproofed to the 181.7 CGD elevation. 11.3.3 Requirements: Despite the provisions of the underlying zone, development is subject to the following: a) Development of an existing vacant lot is subject to applicable flood proofing of buildings. b) Minor alterations and repairs to buildings which existed on the date of the passing of this By-law, not exceeding an increase of 35.0 square metres in gross floor area to the existing building, shall be permitted without flood proofing. c) Alterations, replacements, repair, reconstruction or enlargements of existing buildings in excess of that permitted in b) above, is permitted provided such building is flood proofed above the regulatory flood level. d) New accessory buildings are permitted provided such buildings, other than shoreline structures, are flood proofed above the regulatory flood level. 11.3.4 Prohibited Uses: a) Community Facilities (including child care centres, community centres, government facilities, homes for special care, hospitals, long term care homes, retirement homes, educational establishments), essential emergency services and any uses associated with the disposal, manufacture, treatment or storage of hazardous substances, are prohibited in the regulatory flood plain. 11.4 Mining Constraint Overlay (MC): 11.4.1 Lands identified with a Mining Constraint Area (MC) symbol are shown on the Schedules to this By-law, shall be used for no other purpose than those uses which legally existed prior to the passing of this By-law. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 95 Section 12: Holding Zones 12.1 Establishment of Holding (H) Zones Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter "H" and a number (for example R1 (H1) no person shall use the land to which the letter "H" applies for any use other than the use which existed on the date the By-law applying the "H" was passed, until the "H" is removed in accordance with the policies of the Official Plan and the Planning Act, R.S.O. 1990, c.P.13, as amended. Council may pass a By-law in accordance with the Planning Act, R.S.O. 1990, c.P.13, as amended, to remove the Holding "H" symbol, when all of the applicable requirements have been met, thereby placing the lands in the zone indicated by the Zone symbol. Properties with Holding "H" Provisions are identified on the Zoning Schedules and in Table 12.1 below, together with the conditions for the "H" removal. When the Holding symbol has been removed, the lands shall be developed according to the requirements of the zone used in conjunction with the Holding Symbol. 12.2 Requirements for development on lands with the Holding provision, and requirements for removal of the Holding provision Table 12.1 identifies properties that are subject to a Holding "H" Provision and stipulates what specific provision is required to be satisfied in order for consideration to be given to the removal of the "H" provision. TABLE 12.1 - HOLDING PROVISIONS Zone Symbol Holding Provision Property/Legal Description Schedule No. By-law No. Provisions By-law Removing "H" H1 Various sites with mine hazards On lands subject to the H1 Holding provision, the permitted uses are limited to existing uses and non-sensitive accessory uses. Where the Ministry of Northern Development and Mines has been circulated an application for development and has no concerns, or a study has been completed to the satisfaction of the City indicating that development is safe to proceed, the permitted uses shall be limited to those permitted in the zone and authorized by such City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 96 Zone Symbol Holding Provision Property/Legal Description Schedule No. By-law No. Provisions By-law Removing "H" study, without having to remove the holding provision. Where concerns have been identified, the uses permitted within the underlying zone shall not be permitted until a report stamped by a Professional Engineer and approved by the City indicates that development can occur without any adverse public health and safety risks from the prior mining activity and that the owner enters into an agreement with the City to implement the recommendations of the study, and all other lot requirements from the underlying zone are complied with. Notwithstanding the above, such studies shall not be required for the following: - interior alterations to existing structures; - exterior alterations that do not expand the footprint of an existing structure. H2 Various sites within aggregate resource influence area On lands subject to the (H2) Holding provision, the permitted uses are limited to existing uses and non-sensitive accessory uses. The (H2) Holding provision will only be removed by By-law upon the completion to the satisfaction of the City of an Impact Assessment that demonstrates that development can occur without negative influence on the aggregate resource operation, in accordance with the Ministry of Environment and Climate Change D-6 Guideline. H3 Various sites within waste management On lands subject to the (H3) Holding provision, the permitted City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 97 Zone Symbol Holding Provision Property/Legal Description Schedule No. By-law No. Provisions By-law Removing "H" facility potential influence area uses are limited to existing uses and non-sensitive accessory uses. Where the Ministry of Environment and Climate Change has been circulated an application for development and has no concerns, the permitted uses shall be limited to those permitted in the zone without having to remove the holding provision. The (H3) Holding provision will only be removed by By-law upon the completion to the satisfaction of the City of a study showing no contamination from the adjacent waste management facility and no negative impact on the proposed use from the waste management facility, in accordance with the Ministry of Environment and Climate Change D-2 or D-4 Guideline. R4-6 H4 F3 2013-101 & 2014-206 The Holding symbol shall be removed by council upon the approval of a site plan and development agreement including all of the requirements set out in the conditions in any draft plan of condominium approval by the Ministry of Municipal Affairs and Housing under file no. 54-CD-13001 R3 H5 2013-151 The Holding symbol shall be removed by council upon the approval of a draft plan of subdivision for the property or portion thereof to which the holding symbol applies. City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 98 Section 13: Temporary Use (sections to be added through amendment to the by-law when adopted). Section 14: Enactment 14.1 Repeal of former By-laws a) By-law No. 85-27, as amended, of the former Town of Haileybury, and all amendments thereto, is hereby repealed upon the coming into force of this By-law; b) By-law No. 2233, as amended, of the former Town of New Liskeard, and all amendments thereto, is hereby repealed upon the coming into force of this By-law; c) By-law No. 984, as amended, of the former Township of Dymond, and all amendments thereto, is hereby repealed upon the coming into force of this By-law 14.2 Effective Date This By-law shall come into force and effect on January 1, 2018, subject to the applicable provisions of the Planning Act, R.S.O. 1990, c.P. 13, as amended. 14.3 Enactment (Readings) By-law enacted this 19th day of December, 2017. City of Temiskaming Shores Mayor Clerk City of Temiskaming Shores December 19, 2017 Comprehensive Zoning By-law 2017-154 99