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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
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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
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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
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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.
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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.
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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.
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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
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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;
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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;
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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.
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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
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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;
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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.
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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.
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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:
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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;
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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
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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:
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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,
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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.
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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.
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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
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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)
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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
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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
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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.
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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.
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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
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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
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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.
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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
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