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Office Consolidation to May 9, 2024
(Original Approved)
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Before you review this By-law, a note to the reader....
This Office Consolidation of By-law 2018-65 has been prepared as of May 9,
2024. Any subsequent amendments approved since this date are not included in
this document. This document is prepared for reference purposes only. While
the Planning and Development Services Department makes every effort to
ensure the accuracy of the information contained herein, the reader is advised
that as this publication is an office consolidation, in situations where legal
accuracy is important, the By-law itself and any amending by-laws thereto must
be consulted.
The Preamble Section of this document is not a formal part of the Zoning By-law.
However, we recommend that you review the Preamble Section first as it can
provide valuable information on how to use this By-law.
Please do not hesitate to contact the Town's Zoning Coordinator for assistance
with this By-law at [email protected].
Detailed property information including written confirmation on the zoning,
permitted uses, applicable agencies, open building permits/orders/cases, and
other information on a property may be obtained by completing a Request for
Information form and payment of applicable fee to the Zoning Coordinator.
3
Office Consolidation List of Zoning By-law Amendments
Included in this Document:
By-law
Location
2019-07
Block 56, Plan 16M-42 (Windfall Shed)
2019-09
Part Lot 57, Plan 562 (Kadwell)
2019-20
Block 58, Plan 16M-42 (Windfall Mountain House Ph.2)
2019-32
Part Lots 23 and 24, Concession 10 (Spy Distillery)
2019-33
Part Lot 13, Concession 4 (Lawson)
2019-37
Lots 14, 15, 16, Plan 16M-24 (George McRae)
2019-39
Part Lot 17, Concession 1 (Second Nature Block 153)
2019-41
Various (Housekeeping By-law)
2019-42
Part Lots 17 and 18, Concession 1 (Second Nature Ph.3)
2019-47
(Lora Bay Ph.4)
2019-48
Lots 3, 9 and Part Lot 10, Plan 99 (Oxley)
2019-49
Town Plot Lot 47 to 49, Arthur E/S (Richpark Homes)
2019-60
Part Lot 19, Concession 1 (Tyrolean Hillside)
2019-61
Part Block 38, 16M-42 (Windfall Ph.4A)
2020-07
Bruce Street Marsh Street Corridor / Oxley
2020-10
South Part of Lot 4, Concession 6 (K9 Balance)
2020-21
Lot 14, Plan 1045 (Arrowhead Crescent)
2020-30
Part Lot 39, Concession 12 (Cottages at Lora Bay Phase 4)
2020-41
Lot 2, Plan 807 Scandia Lane (Tensen)
2020-42
Block 46, Plan 16M-20 (Peaks Meadows)
2020-46
Lot 45, Plan 16M-20 (Wellman)
2020-47
Part Block 58, Plan 16M-42 (Mountain House Phase 3)
2020-52
Part of Lot 8, Concession 3 (O'Neill / Renwick)
2020-53
234 Brophy's Lane/ Part Lot 102 to 103 and Part Lot 177, Plan
529 (Harrington)
2020-57
Part of Part Lot 28, Concession 7 (Clarksbury)
4
2020-63
Part Lot 20, Concession 2, Part Lot 159, Plan 529 and Lots 2-7
and Part of Helen Street, Plan 555 (Home Farm)
2020-67
Part of Block 38, Plan 16M-42 (Windfall Phase 4B)
2020-68
Part 4 of Reference Plan 16R-1213, Part of Part Lot 10
southwest side of Louisa Street (Towns of Thornbury)
2020-80
Plan 529 Part Lot 161, Plan 529 Lot 172 Part 173, Plan 16R-
6640 Part 2, and Plan 529 East Part Lot 169, Plan 16R-3194
Part 2 (Parkbridge)
2021-08
245 Cameron Street/Lot 8, Plan 389
2021-09
Part of Lot 27, Concession 8 (Valentine)
2021-12
Block 38, Plan 16M-24 (Peaks Ridge)
2021-20
20 Alice Street East/ Town Plot Part Lot 4 Alice E.
2021-23
Lot 53, Plan 1078 (Sabourin)
2021-29
Concession 11 SPH Part Lot 36 (No. 1 Auto - O'Donnell)
2021-31
Lot 31, Plan 915 (Stepanovic)
2021-36
Lot 2, Plan 807 (Scandia Lane)
2021-40
Part Lot 7 Concession 5, Plan 16R-1705 (Schroecker)
2021-43
Part 1 of Reference Plan 16R-1705, Part of Lot 7 Concession 5
(Batt)
2021-51
Plan 111 Part Lot 9, Plan 16R-2311 Part 4
2021-57
108 and 110 Deer Lane/ Lot 1 and Lot 2, Plan 16M-62
2021-58
Lots 1-2, Part Lot 3, Plan 105 (Boynton Court)
2021-59
Various (Short Term Accommodation By-law)
2021-78
Plan 16M-81 and 16M-82 (Sleepy Hollow)
2021-79
120 John Street/Plan 111, Part Lot 7 & 8, Plan 16R-2311, Part 2
2021-82
Concession 1, Lot 16, Block 38, Plan 16M-86 (Windfall Phase 5)
2021-85
Concession 1, Part Lot 17, Plan 16R-11030, Part 2 (Second
Nature)
2021-88
150 Delphi Lane/Concession 5 Part Lot 26 and Reference Plan
16R-9448, Part 12
2021-95
Concession 10 Parts of Lots 35 and 36 (10 Keith Ave Inc.)
2022-05
Sideroad 6 Concession 5 Part Lot 6, Plan 16R-9021 Part 2
5
2022-07
107 Hoover Lane/ Concession 7, Part Lot 27
2022-30
Part Lot 39 Concession 12, being parts of Lots 1 & 3, Registered
Compiled Plan 1032 (Cottages at Lora Bay Phase 5)
2022-39
589072 Grey Road 19/Concession 6, Part Lot 9, Plan 16R-1714
Part 3
2022-40
Beaver Valley Community Centre and Moreau Park
2022-41
Tomahawk Rec Complex, Northwinds Beach, Lion's Park, Little
River Beach
2022-53
Lots 1-17, Plan 16M-87 (Bayside/Clarksbury Phase 2)
2022-54
589108 Grey Road 19/Concession 6 Part Lot 9 Reference Plan
16R-2508 Part 2
2022-55
Part Lot 17, Concession 1 (Blue Vista)
2022-72
Block 39, Plan 16M-83 (Lora Bay Phase 4)
2022-81
Parts 4 & 5, Lot 85, Plan 529, Plan 16R-2186 (Long Point Road)
2022-86
Victoria Street North/Bay Street West Road Allowance (Abbotts
Subdivision)
2022-88
Part of Lots 23 & 24, Concession 4, Blocks 67, 72,73, and Part
of Blocks 75 &76 and Part of Alta Road, RP 1127 (Alta Phase 2)
2023-05
Victoria Street North/Bay Street West Road Allowance (Abbotts
Subdivision)
2023-10
Plan 16M94 Block 109 (Windfall Phase 6)
2023-52
Plan 529 Part Lot 158 and Part Lot 173 RP 16R-4636 Part 1and
Plan 529 Part Lot 174 RP 16R-8571 Part 2 (Eden Oak
Trailshead)
2023-55
Part Block 40 RP 16R-10498 Part of Part 2 (Windfall Phase 5)
2023-56
Plan 807 Lots 3-9
2023-57
Plan 778 Part of Block A
2023-59
Concession 5 Part Lot 20 RP 16R-6349 Part 2
2023-61
Concession 1 Part Lot 18 & 19 RP 16R-6045/689667 Monterra
Road
2023-83
Plan 16M24 Block 38, Part Blocks 40,41 and RP 16R-11712
Parts 1 and 2
2024-05
Concession 4 South Part Lot 16/529369 Grey Road 119
2024-08
Plan 16M8 Part of Block 1 (Lora Bay Phase 4B)
6
2024-22
Plan 320 Lot 74 to 75/209579 Highway 26
2024-23
Part Lot 26, Concession 6
2024-24
Plan 562 Part Lot 24 & 25 RP 16R3199 Part 2
2024-30
Plan 529 Part Lot 147, 148 & 149 RP 16R-801 Part 1 to 2 Part 4
Subject to Easement over Parts 6 & 7 RP 16R-3613
2024-31
Additional Residential Units (ARUs)
Office Consolidation List of Zoning By-law Amendments
Not Included in this Document:
By-law
Location
2019-34
Part Lot 60, Plan 562 (Morgan)
2019-59
Lots 1 to 3, Plan 105 (61 Alfred Street West GP Inc.)
2020-81
Part of Lot 6, PR 16R-9097 Part 1 Concession 4 (Gibraltar
Pit)
The Town of The Blue Mountains Zoning By-law
Office Consolidation Version: June 13, 2023
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Table of Contents
PREAMBLE ........................................................................................ V
1.0 Purpose of This Zoning By-law ........................................................ v
2.0 How to Use This By-law ..................................................................... v
PART 1.0 INTERPRETATION AND ADMINISTRATION ................... 1
1.1 Title...................................................................................................... 1
1.2 Conformity and Compliance with By-law ......................................... 1
1.3 Interpretation ...................................................................................... 1
1.4 Severability ......................................................................................... 1
1.5 Repeal of Former By-laws ................................................................. 1
1.6 Minor Variances to Former By-laws ................................................. 2
1.7 Enforcement ....................................................................................... 2
1.8 Illustrations ......................................................................................... 2
PART 2.0 ESTABLISHMENT OF ZONES ......................................... 3
2.1 Zones .................................................................................................. 3
2.2 Zone Symbols .................................................................................... 4
2.3 Zone Schedules ................................................................................. 4
2.4 Determining Zone Boundaries .......................................................... 4
2.5 Exception Zones and Temporary Uses ............................................ 4
2.6 Holding Zones .................................................................................... 4
2.7 Definitions .......................................................................................... 5
2.8 Land Ownership ................................................................................. 5
PART 3.0 DEFINITIONS .................................................................... 6
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PART 4.0 GENERAL PROVISIONS ................................................ 44
4.1 Additional Residential Units (ARUs) .............................................. 44
4.2 Accessory Apartment Dwellings in a Commercial Zone .............. 45
4.3 Accessory Buildings, Structures and Uses ................................... 45
4.4 Accessory Farm Employee Accommodation ................................ 46
4.5 Accessory Outdoor Storage ........................................................... 47
4.6 Adult Entertainment Establishments ............................................. 47
4.7 Barrier Free Entrances .................................................................... 47
4.8 Bed and Breakfast EStablishments ................................................ 48
4.9 Boathouse, Docks and Shoreline Structures ................................ 48
4.10 Bruce Street / Marsh Street Small Scale Commercial uses .......... 49
4.11 Caretaker/Security Guard Accessory Dwellings ........................... 50
4.12 Decks ................................................................................................ 51
4.13 Encroachments into Required Yards (Excluding Decks) ............. 51
4.14 Exceptions To Height Requirements .............................................. 52
4.15 Frontage On A Public Street ........................................................... 52
4.16 Home Businesses ............................................................................ 53
4.17 Kennels ............................................................................................. 54
4.18 Lock-Off Units .................................................................................. 54
4.19 Minimum Distance Separation ........................................................ 54
4.20 Model Homes and Temporary Sales Office ................................... 55
4.21 Multiple Uses and Zones on one lot ............................................... 56
4.22 Non-Complying Buildings and Structures .................................... 56
4.23 Non-Complying Lots ........................................................................ 56
4.24 Non-Conforming Uses ..................................................................... 56
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4.25 On-Farm Diversified Uses and Other Rural Uses .......................... 57
4.26 Phased Condominiums ................................................................... 59
4.27 Planting Strip Requirements ........................................................... 59
4.28 Prohibited Uses ................................................................................ 60
4.29 Public Uses ....................................................................................... 61
4.30 Reduced front Yard Requirements ................................................. 61
4.31 Shipping Containers ........................................................................ 62
4.32 Short Term Accommodation Uses ................................................. 62
4.33 Sight Triangles ................................................................................. 63
4.34 Special Setbacks .............................................................................. 64
4.35 Swimming Pools .............................................................................. 65
4.36 Uses of Lots Without Buildings ...................................................... 65
4.37 Temporary Construction ................................................................. 65
PART 5.0 PARKING AND LOADING STANDARDS ....................... 66
5.1 General Parking Provisions ............................................................ 66
5.2 Special Area Exemptions ................................................................ 69
5.3 Residential Zones - Parking and Access ...................................... 69
5.4 Non-Residential Parking Requirements ......................................... 71
5.5 Shared Parking Provisions ............................................................. 74
5.6 Barrier Free Parking......................................................................... 75
5.7 Bicycle Parking Requirements ....................................................... 77
5.8 Loading Space Requirements ......................................................... 77
PART 6.0 RESIDENTIAL ZONES .................................................... 78
6.1 Zones ................................................................................................ 78
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6.2 Zone Standards ................................................................................ 78
PART 7.0 COMMERCIAL AND EMPLOYMENT ZONES ................ 80
7.1 Zones ................................................................................................ 80
7.2 Zone Standards ................................................................................ 84
PART 8.0 AGRICULTURAL, RURAL, RECREATIONAL AND
OTHER ZONES ................................................................ 85
8.1 Zones ................................................................................................ 85
8.2 Zone Standards ................................................................................ 88
PART 9.0 EXCEPTIONS .................................................................. 89
9.1 Exceptions ........................................................................................ 89
PART 10.0 HOLDING PROVISIONS .............................................. 127
10.1 Holding Provisions ........................................................................ 127
10.2 Site-Specific or Area-Specific Holding Provisions ..................... 127
10.3 Site-Specific Holding Provisions .................................................. 131
PART 11.0 TEMPORARY USES .................................................... 138
11.1 Temporary Uses ............................................................................. 138
PART 12.0 INTERIM CONTROL BY-LAWS ................................... 139
PART 13.0 ENACTMENT ............................................................... 140
13.1 Force and Effect ............................................................................. 140
13.2 Enactment ....................................................................................... 140
The Town of The Blue Mountains Zoning By-law
Office Consolidation Version: June 13, 2023
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PREAMBLE
These pages explain the purpose of this Zoning By-law and how it should be
used. These pages do not form part of the Zoning By-law passed by Council and
are intended only to make the Zoning By-law more understandable and easier to
reference.
1.0 PURPOSE OF THIS ZONING BY-LAW
The purpose of this Zoning By-law is to implement the policies of the Town of
The Blue Mountains Official Plan. The Official Plan contains general policies that
affect the use of land throughout the Town. These policies specify where certain
land uses are permitted and, in some instances, specify what regulations should
apply to the development of certain lands.
The Official Plan is a general document that is not intended to regulate every
aspect of the built-form on a lot. In the Province of Ontario, this is the role of the
Zoning By-law. Once an Official Plan is in effect, any Zoning By-law passed by
Council must conform to the Official Plan. For example, if the Official Plan stated
that lands in the vicinity of a significant natural feature are to remain in their
natural state, the Zoning By-law would prohibit the erection of buildings or
structures on those lands. A Zoning By-law can also specifically permit certain
uses of land, such as retail stores in a downtown area.
It is noted that a portion of the Town is located within the Niagara Escarpment
Plan Area and is administered through Niagara Escarpment Development
Control by the Niagara Escarpment Commission. Any enquiries regarding
development requirements on lands that are subject to Niagara Escarpment
Development Control should be directed to the Niagara Escarpment Commission
at:
Niagara Escarpment Commission
tel.
519-371-1001
1450 7th Avenue
fax.
519-371-1009
Owen Sound, ON N4K 2Z1
email [email protected]
web. www.escarpment.org
2.0 HOW TO USE THIS BY-LAW
In order to reference this By-law most easily, a property owner should follow
each of the steps listed below to determine what provisions apply to their
particular property.
A.
Locate the Property on a Map
Maps in a Zoning By-law are called 'Schedule(s)'. The first step to using
this By-law is to refer to the Zone Schedule(s) that are contained at the
The Town of The Blue Mountains Zoning By-law
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vi
back of the By-law to determine in which Zone category or categories your
property is located.
The Zone category will be indicated on the Schedule(s) by a symbol or
abbreviation. For example, you may see a symbol such as "C1" that
applies to your property. This would indicate that your property is within
the 'Village Commercial (C1) Zone'. The Zone symbols or abbreviations
are identified on the first page of Part 2.0 (Establishment of Zones) of the
By-law.
Part 2.0 (Establishment of Zones) also provides assistance to help you
identify the Zone boundaries on the Schedule(s). For example, if your
property appears close to a Zone boundary and you are not sure how to
determine exactly where that boundary is located, refer to Section 2.4
(Determining Zone Boundaries) of the By-law.
It is noted that in addition to the By-law itself, there may be other
requirements of the Town in other By-laws that may have an impact on
how a property can be used. For example, while this By-law may permit a
certain use, other Town By-laws may also require that the use be
licensed. There are also Provincial requirements to consider, particularly
if a property is located near a Provincial highway. Permits may also be
required in some cases from the Grey Sauble Conservation Authority or
the Nottawasaga Valley Conservation Authority. For information on what
requirements may exist for your property, please do not hesitate to contact
the Town's Zoning Coordinator for assistance at
[email protected]
B.
By-law Amendments, Minor Variances and Exceptions
A Zoning By-law is not a static document; it is amended over time as
demands and policies governing land use change. By-laws are commonly
amended to change the zone to provide for a specific use or to prohibit a
certain use. In some cases, special provisions are applied to a property or
a series of properties that vary the zone provisions for that property. This
type of variance is called an exception and exceptions to the By-law are
contained within Part 9.0 (Exceptions).
You should also verify that your property is not the subject of an earlier
Zoning By-law amendment or Minor Variance. Some of these
amendments are identified in the Zone Schedule(s) and listed in Part 9.0
(Exceptions), Part 10.0 (Holding Provisions) and Part 11.0 (Temporary
Uses) of this By-law. More recent amendments may not be included in
the version of the By-law that is available at the time of review, while Minor
Variances are not included in the By-law at all.
The Town of The Blue Mountains Zoning By-law
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vii
C.
Permitted Uses and Zone Standards
The next step to using this By-law is to determine what uses are permitted
on your property. Parts 6.0, 7.0 and 8.0 of the By-law identify the
permitted uses for each Zone in the Town. The definitions in Part 3.0
(Definitions) can assist you if you are not sure of the nature of a use or
how it has been defined for the purposes of this By-law.
Words that are defined in Part 3.0 are italicized throughout the By-law. If
a word is not italicized it is not specifically defined.
Uses that are not identified as permitted uses within a particular Zone are
not permitted in that specific Zone. It is noted that there are five
Residential One (R1) sub-zones with varying lot frontages, areas and yard
setbacks to reflect existing lots and provide for future residential
neighbourhoods in the Town.
The next step is to determine what standards may apply to the uses on
your property. Parts 6.0, 7.0 and 8.0 of the By-law identify the Standards
for each Zone including minimum lot area, minimum frontage, minimum
yards, maximum lot coverage for buildings, and the maximum permitted
height of buildings.
D.
General Provisions
Now that you are aware of the uses permitted on your property and the
specific Zone Standards that apply to those uses, reference should be
made to Part 4.0 (General Provisions) of this By-law. Part 4.0 contains a
more generic set of standards known as 'General Provisions' that apply to
all properties in all Zones throughout the Town. For example, the general
provisions contain standards that regulate the construction of accessory
structures, height exceptions and non-conforming/non-complying uses
that apply to all properties regardless of where in the Town a property is
located.
E.
Parking and Loading
There is an additional section of the By-law that should be consulted when
determining what provisions apply to your specific property. Part 5.0
(Parking and Loading) provides the parking and loading requirements for
all permitted uses in the Town. If you are considering constructing a new
use, changing the use, changing the location of parking and loading areas,
or adding a new use to your property, you should review Part 5.0 to
ensure that you are aware of the parking and loading requirements for the
proposed use.
The Town of The Blue Mountains Zoning By-law
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viii
F.
Exceptions, Holding Zones, Temporary Uses and
Interim Control By-laws
Parts 9.0, 10.0, 11.0 and 12.0 contain specific requirements that may
apply to your property. Lands subject to an exception covered in Part 9.0
(Exceptions) have specific use permissions or zone provisions that have
been applied either in response to a landowner request or if there is a
public interest objective in applying different rules on a property and/or in
an area. The provisions within an exception section are intended to take
precedence over any other provision in the By-law. Lands subject to an
exception will be specifically identified on the Schedule(s) with the
exception number identified after the parent zone symbol.
Part 10.0 (Holding Provisions) contains specific requirements that
describe what conditions need to be met in order to develop/establish
permitted uses on a property. Lands subject to an exception will be
specifically identified on the Schedule(s) with the use of a (-h) symbol
followed by the Holding provision number.
Part 11.0 (Temporary Uses) identifies those properties that are subject to
use permissions that only last for a specified period of time. Lands subject
to an exception will be specifically identified on the Schedule(s) with the
use of a (-t) symbol followed by the Temporary Use number.
The Town of The Blue Mountains Zoning By-law
Office Consolidation Version: June 13, 2023
ix
THE CORPORATION OF THE
TOWN OF THE BLUE MOUNTAINS
ZONING BY-LAW 2018-65
THAT By-law 2018-65, being a bylaw to control development within the Town of
The Blue Mountains in accordance with the Official Plan and to prohibit the use
of land and the erection and use of buildings or structures except for certain
purposes, and to regulate the type of construction and the height, bulk, location,
size, floor area, character and use of buildings in accordance with the provisions
of the Planning Act, R.S.O. 1990, c.P.13, be passed this 29th day of November,
2018
NOW THEREFORE the Council of the Corporation of the Town of The Blue
Mountains enacts as follows:
The Town of The Blue Mountains Zoning By-law 2018-65
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1
PART 1.0
INTERPRETATION AND
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as the "The Blue Mountains Zoning
By-law" and applies to all lands within the Town of The Blue
Mountains except those lands that are subject to Development
Control pursuant to the Niagara Escarpment Planning and
Development Act, as shown on Schedule 'A' to this By-law.
1.2
CONFORMITY AND COMPLIANCE WITH BY-
LAW
No person shall change the use of any building, structure or land or
erect or use any building or structure or occupy any land, building
or structure except in accordance with the provisions of this By-law.
1.3
INTERPRETATION
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 Town of The Blue Mountains or any other requirement of the
County of Grey, the Province of Ontario or the Government of
Canada that may affect the use of lands, buildings or structures in
the Town of Blue Mountains.
1.4
SEVERABILITY
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.
1.5
REPEAL OF FORMER BY-LAWS
Subject to Section 1.5(a) through (g) By-law 83-40 of the former
Township of Collingwood and By-law 10-77 of the former Town of
Thornbury and all amendments thereto are hereby repealed.
a) DELETED [ ZBA 2021-59 ]
b) The provisions of the former Township of Collingwood
83-40, and all amendments thereto shall continue to
apply to Part of Lot 6, Concession 4, former Township of
Collingwood (Gibraltar Sand and Gravel. Roll No. 4242-
0000-04-084-12-0000)
c) DELETED [ ZBA 2020-80 ]
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2
d) DELETED [ ZBA 2020-63 ]
e) The provisions of the former Township of Collingwood
83-40, and all amendments thereto shall continue to
apply to Concession 3 Part Lot 16, RP 16R-244 Part 4,
former Township of Collingwood (Scenic Caves Nature
Adventure Parking Area. Roll No. 4242-0000-05-017-06-
0000)
f) The provisions of the former Township of Collingwood
83-40, and all amendments and variances thereto, shall
continue to apply to Lots 6, 10, 14, 15 and Village
Crescent Plan 1065, former Township of Collingwood
(Blue Mountain Village Resort Core Area)
g) The provisions of the former Town of Thornbury By-law
10-77, and Township of Collingwood By-law 83-40 shall
continue to apply to those lands in the Development (D)
Zone, as shown on Schedule 'A' to this By-law.
1.6
MINOR VARIANCES TO FORMER BY-LAWS
Where the Committee of Adjustment of the Town of The Blue
Mountains or the Ontario Municipal Board/Local Planning Appeal
Tribunal has authorized a minor variance from the provisions of By-
laws 83-40 (former Township of Collingwood) or 10-77 (former
Town of Thornbury) as amended, and the decision authorizing such
minor variance has become final and binding after July 21, 2016
(approval date of the new Official Plan), the provisions of this By-
law are deemed to be modified to the extent necessary to only and
solely give effect to the provisions of that previous minor variance
that would otherwise not be in conformity or compliance with this
By-law.
1.7
ENFORCEMENT
Any person or directors or officers of any corporation convicted of a
violation of this By-law is liable to penalties in accordance with the
provisions of Sections 67 and 67.1 of the Planning Act, R.S.O.
1990, c.P.13, as amended.
1.8
ILLUSTRATIONS
All illustrations or photos in this By-law are deemed to not be part of
this By-law and are included only to assist with the interpretation of
the By-law.
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3
PART 2.0
ESTABLISHMENT OF ZONES
2.1
ZONES
All lands subject to this By-law are contained within one or more of
the following Zones:
Residential Zones (see Part 6.0)
R1
Residential One
R2
Residential Two
R3
Residential Three
Commercial and Employment Zones (see Part 7.0)
C1
Village Commercial
C2
General Commercial
C3
Resort Commercial
C4
Harbour Commercial
C5
Blue Mountain Village Commercial
C6
Craigleith Village Commercial
C7
Rural Commercial
M1
General Employment
M2
Rural Employment
M3
Extractive Industrial
RR
Resort Residential [ ZBA 2021-59 ]
Agricultural, Rural, Recreational and Other Zones (see Part 8.0)
A
Agricultural
RU
Rural
SA
Special Agricultural
D
Development
H
Hazard
W
Wetland
I
Institutional
REC1 Recreation One
REC2 Recreation Two
REC3 Recreation Three
P
Parking
OS
Open Space
PU
Public Utilities
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2.2
ZONE SYMBOLS
The Zone symbols may be used to refer to lots, buildings and
structures and to the use of lots, buildings and structures permitted
by this By-law.
2.3
ZONE SCHEDULES
The Zones and Zone boundaries are shown on Schedule 'A' that is
attached to and form part of this By-law.
2.4
DETERMINING ZONE BOUNDARIES
When determining the boundary of any Zone as shown on any
Schedule forming part of this By-law, the following provisions shall
apply:
a)
A boundary following a public street, lane, private street,
railway right-of-way, utility corridor or watercourse shall be
the centreline of such public street, lane, private street,
railway right-of-way, utility corridor or watercourse;
b)
A boundary indicated as substantially following lot lines
shown on a Registered Plan of Subdivision, or the municipal
boundaries of the Town of The Blue Mountains shall follow
such lot lines;
c)
A boundary indicated as following a lot line abutting an
unopened road allowance shall follow the centreline of such
road allowance; and,
d)
Where a lot falls into two or more Zones, each portion of the
lot shall be used in accordance with the provisions of this By-
law for the applicable Zone.
2.5
EXCEPTION ZONES AND TEMPORARY USES
Where a Zone symbol on the attached Schedule 'A' is followed by
one or more numbers following the dash (-) symbol, such as R1-1-
(exception), the numbers/letters following the dash (-) symbol refer
to subsections in Part 9.0 (Exceptions) and Part 11.0 (Temporary
Uses) of this By-law that apply to the lands noted.
2.6
HOLDING ZONES
Notwithstanding any other provision in this By-law, where a Zone
symbol is followed by the letter '-h', no person can use the land to
which the letter '-h' applies for any use other than the use which
legally existed on the date the by-law applying the Holding
provision came into effect, or expand or replace an existing building
or structure, as the case may be until the '-h' is removed in
accordance with the policies of the Official Plan.
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Notwithstanding the above, this provision does not apply to the
following uses, which are permitted without the need to remove the
Holding provision:
a)
A temporary sales office;
b)
Model homes in accordance with Section 4.21 of this By-law;
and,
c)
In addition, the existence of the Holding provision does not
prevent the issuance of a building permit to the satisfaction
of the Chief Building Official to make structural repairs, carry
out façade improvements, improve and/or replace plumbing
and electrical systems and/or replace openings. Site-specific
or area-specific holding zones are detailed in Part 10.0 of
this By-law.
2.7
DEFINITIONS
For the convenience of the reader, all words that are italicized in
this By-law are defined in Part 3.0 of this By-law.
2.8
LAND OWNERSHIP
The Town makes no representation or implication, nor should any
inference be drawn from the Schedule(s) attached to this By-law as
to the ownership of any land and/or rights of access to such land.
Ownership and access rights are legal matters that fall solely within
the purview of a Court of competent jurisdiction.
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PART 3.0
DEFINITIONS
ABBATOIR
Means an establishment where food animals are slaughtered, and includes any
part of the establishment where:
a)
Food animals are received, kept or handled before they are slaughtered;
b)
Carcasses derived from food animals are dressed;
c)
Carcasses, parts of carcasses or meat products derived from food animals
are produced, processed, packaged, labelled, handled, stored, distributed
or sold;
d)
Inedible materials are processed, packaged, labelled, handled, stored,
distributed or sold; or,
e)
Farm slaughtered carcasses are skinned or farm slaughtered carcasses
and products are processed, handled, stored, packaged and labelled.
ACCESSORY BUILDING OR STRUCTURE
Means a detached building or structure, the use of which is naturally and
normally incidental to, subordinate to, or exclusively devoted to, the main use or
building and located on the same lot and that is not used for human habitation.
ACCESSORY FARM EMPLOYEE ACCOMMODATION
Means buildings or structures on a farm that are designed to be used for the
accommodation of employees of the farm on a temporary or permanent basis.
ACCESSORY OUTDOOR STORAGE
Means an area of land used in conjunction with a business located within a
building or structure on the same lot, for the storage of goods and materials.
ACCESSORY USE
Means a use, naturally and normally incidental to, subordinate to, or exclusively
devoted to a principal use and located on the same lot.
ADDITIONAL RESIDENTIAL UNIT (ARU)
Means a legally constructed permanent or semi-permanent dwelling unit that can
safely accommodate residents on a year-round basis. ARUs are generally
contained within a main building (including a single detached, semi-detached or
rowhouse dwelling), or within an accessory building (such as above a private
garage). An ARU shall contain cooking, eating, living, sleeping, and sanitary
facilities, be connected to adequate water and sanitary servicing, and meet all
requirements of the Ontario Building Code. An ARU may also be known as an
"additional dwelling unit", "accessory dwelling unit", "ADU", "accessory
apartment", "secondary dwelling unit", or "secondary suite". An ARU may be
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considered as a garden suite where an approved temporary land-use by-law is in
in effect but shall not mean or include a primary residential unit, a recreational
trailer or vehicle, or a short-term accommodation.
ADULT ENTERTAINMENT ESTABLISHMENT
Means an establishment or part thereof in which is provided, in pursuance of a
trade, calling, business or occupation, goods or services or entertainment
appealing to or designed to appeal to erotic or sexual appetites or inclinations.
Adult entertainment establishment includes an adult entertainment parlour, adult
video store, adult specialty store and body rub parlour.
For the purposes of the definition of adult entertainment establishment, the
following definitions also apply:
a)
"Goods" includes books, magazines, pictures, slides, film, disks,
phonograph records, pre-recorded magnetic tape and any other viewing or
listening matter, clothing and accessories;
b)
"Services or entertainment" includes activities, facilities, performances,
exhibitions, viewings and encounters but does not include the exhibition of
film approved under the Theatres Act;
c)
"Services or entertainment which are designed to appeal to erotic or
sexual appetites or inclinations" and includes,
i. Services or entertainment of which a principal feature or characteristic
is the nudity or partial nudity of any person, including, but not limited to
the nudity or partial nudity of specified body areas; and,
ii. Services or entertainment in respect of which the word "nude", "naked",
"topless", "bottomless", "sexy", or any other word or any other picture,
symbol or representation having like meaning or implication, is used in
any advertisement.
ADULT SPECIALTY STORE
Means an establishment specializing in the sale of a variety of goods and
materials made or designed to appeal to erotic or sexual appetites, but does not
include a retail store or convenience retail store.
ADULT VIDEO STORE
Means an establishment where pre-recorded video tape, video discs, films and/or
slides made or designed to appeal to erotic or sexual appetites or depicting
sexual acts are offered for rent or sale where the proportion of adult videotapes
to non-adult videotapes offered is equal to or exceeds the ratio of 10:100 (adult
videotape to non-adult videotape). An adult video store shall not include facilities
for the screening or viewing of such products.
AGGREGATE TRANSFER STATION
Means an area of land that is not associated with a licensed mineral aggregate
operation where aggregate products are temporarily stored prior to shipment,
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and which may include facilities for the administration or management of the
business and the storage of required equipment, but does not include the retail
sale of aggregate products.
AGRICULTURAL USE
Means the growing of crops, including nursery, biomass, and horticultural crops;
raising of livestock; raising of other animals for food, fur or fibre, including poultry
and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and
associated on-farm buildings and structures, including but not limited to livestock
facilities, manure storages, value-retaining facilities, and accommodation for full-
time farm labour when the size and nature of the operation requires additional
employment. An Agricultural Use shall not include a cannabis production facility.
AGRI-TOURISM USES
Means farm-related tourism uses that promote the enjoyment, education or
activities related to the farm operation such as farm machinery and equipment
exhibitions (on a temporary basis), farm tours, petting zoos, hay rides and sleigh
rides, processing demonstrations, pick-your-own produce establishments, small-
scale farm theme playgrounds and small-scale educational establishments that
focus on farming instruction.
AISLE
Means an area of land used by motor vehicles to access parking spaces.
ALTER
Means any modification to the structural component of a building or structure that
results in a change of use or structural change, or any change in the height, bulk
or floor area of a building or structure.
ANIMAL CARE ESTABLISHMENT
Means an establishment for the caring, grooming and training of household pets,
but does not include a kennel or an animal clinic.
ANIMAL CLINIC
Means an establishment used by a veterinarian or group of veterinarians where
animals are evaluated and/or treated for medical conditions and which may
include the overnight care of animals (indoors) supervised by a licensed
veterinarian.
ARENA
Means a building containing an ice surface used for skating related activities.
ART GALLERY
Means an establishment used for any combination of the preservation, exhibition,
or sale of paintings and other works of art.
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ASPHALT PLANT
Means a use of land, building or structure, or parts thereof, which produces
and/or recycles asphalt or similar coated road stone and has equipment
designed to heat and dry aggregate and to mix mineral aggregate with bitumen
and/or tar, and includes the stockpiling and storage of bulk materials used in the
process or finished product(s) manufactured on the premises, the storage and
maintenance of equipment, and facilities for the administration or management of
the business.
ATTACHED
Means a building otherwise complete in itself, which depends for structural
support, or complete enclosure, upon a division wall or walls shared in common
with an adjacent building or buildings.
ATTIC
Means that portion of a building situated wholly or partly within the roof of such
building and which is not a half storey.
AUCTION SALES ESTABLISHMENT
Means an establishment used for the sale of items, in which the price is
determined through bidding, and may include accessory outdoor storage.
BALCONY
Means an outdoor living area on a partially enclosed platform attached to or
extended horizontally from one or more main walls of a building and which is only
directly accessible from within the building.
BANQUET HALL
Means an establishment used for the purpose of catering to banquets, weddings,
receptions or similar functions for which food and beverages are prepared and
served.
BARRIER FREE
Means a building and its facilities, which can be approached, entered and used
by persons with physical or sensory disabilities.
BASE LODGE
Means a building in which facilities are provided for recreational use which may
include restaurants, lockers, change rooms, meeting areas, rental and sales
facilities, places of entertainment, and ticket sales facilities, but shall not include
facilities for overnight accommodation.
BAY OR BOW WINDOW
Means a window with at least three panels set at different angles to create a
projection from the outer wall of a building, which may or may not be supported
by a foundation wall.
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BED AND BREAKFAST ESTABLISHMENT
Means a dwelling that operates or offers no more than three guest rooms as
places of temporary residence, lodging or occupancy by way of concession,
permit, lease, license, rental agreement or similar commercial arrangement
throughout all or any part of a calendar year and that is the principal residence of
the establishment's proprietor. Bed and breakfast establishment shall not mean
or include motel, hotel, short term accommodation, tourist cabin or cottage,
hospital or similar commercial or institutional uses.
BOARDING OR ROOMING HOUSE
Means a dwelling in which lodging with or without meals is supplied for gain to
three or more persons other than the lessee, tenant or owner of said dwelling, or
any member of his/her family, but does not mean or include a motel, hotel, short
term accommodation, bed and breakfast establishment, hospital, similar
commercial or institutional use or apartment building.
BOATHOUSE
Means a detached accessory building or structure which is designed or used for
the sheltering of watercraft and watercraft-related equipment but does not include
open walkways or uncovered docking facilities, and shall not be used for human
habitation.
BODY-RUB
Means the kneading, manipulating, rubbing, massaging, touching, or stimulating,
by any means, of a person's body or part thereof but does not include medical or
therapeutic treatment given by a person otherwise duly qualified, licensed or
registered to do so under the laws of the Province of Ontario.
BODY-RUB PARLOUR
Means and includes any premises or part thereof where a body-rub is performed,
offered or solicited in pursuance of a trade, calling, business or occupation, but
does not include any premises or part thereof where the body-rubs performed,
offered or solicited are for the purpose of medical or therapeutic treatment and
are performed or offered by persons otherwise duly qualified, licensed or
registered so to do under the laws of the Province of Ontario.
BRUCE STREET/ MARSH STREET SMALL SCALE COMMERCIAL
USE
Means the use of part of a dwelling unit for a legal business activity that results in
a product or service. [ ZBA 2019-41 ]
BUILDING
Means a structure occupying an area greater than 10 square metres consisting
of a wall, roof and floor or any of them, or a structural system serving the function
thereof, including all plumbing, works, fixtures and services system appurtenant
thereto.
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BULK FUEL STORAGE FACILITY
Means an establishment used for the bulk storage of petroleum, petroleum
products, chemicals, gases or similar substances.
BUSINESS OFFICE
Means an establishment used by an agency, business or organization for the
transaction of administrative, clerical or management business, the practice of a
profession and/or the provision of government or social services and other similar
services, but which does not include a medical office.
CAMPGROUND
Means an establishment consisting of at least five camping sites for the overnight
and/or temporary camping or parking of travel/tent trailers, truck campers, or
tents for recreational or vacation use and designed for seasonal occupancy only.
CANNABIS PRODUCTION FACILITY
Means the use of land, buildings or structures for the cultivation, processing,
testing, destruction, packaging and shipping of cannabis used for medical and/or
recreational purposes.
CANNABIS RETAIL STORE OR DISPENSARY
Means the use of land, building, structure or any part thereof used for the retail
sale of cannabis or any product or substance produced in whole or in part from
cannabis, and shall be deemed to include or not include a licensed Ontario
Cannabis Retailer under the Ontario Cannabis Retail Corporation Act, 2017.
CARPORT
Means a building or structure attached to a building which is used for the parking
or storage of one or more motor vehicles and which has at least one open wall,
but does not include a private garage.
CEMETERY
Means:
a)
Land that has been established as a cemetery under the Funeral, Burial
and Cremation Services Act, 2002, S.O. 2002, Chapter 33, a private Act
or a predecessor of one of them that related to cemeteries;
b)
Land that was recognized by the registrar as a cemetery under a
predecessor of the Funeral, Burial and Cremation Services Act, 2002,
S.O. 2002, Chapter 33, that related to cemeteries;
And includes:
c)
Land that, in the prescribed circumstances, has been otherwise set aside
for the interment of human remains; and,
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d)
A mausoleum or columbarium intended for the interment of human
remains.
CENTRELINE
Means, with reference to a public street, a line drawn parallel to and equidistant
from the limits of the public street and with reference to a private street a line
drawn parallel to and equidistant from the edges of the paved surface of the
private street.
CHILD CARE CENTRE
Means an establishment operated by a person that is licensed in accordance
with the Child Care and Early Years Act, as amended.
COMMERCIAL FITNESS CENTRE
Means an establishment in which facilities are provided for recreational or athletic
activities such as body-building and exercise classes and may include associated
facilities such as a sauna, a swimming pool, a solarium, a cafeteria and an
accessory retail store.
COMMERCIAL GREENHOUSE
Means a building or structure used for the growing of flowers, fruits, vegetables,
plants, shrubs, trees and similar vegetation which are not necessarily
transplanted outdoors on the same lot containing such greenhouse, but are sold
directly from the lot either at wholesale or retail, and may include the sale of
incidental seasonal merchandise.
COMMERCIAL MOTOR VEHICLE
Means a motor vehicle having permanently attached thereto a truck or delivery
body and includes ambulances, hearses, casket wagons, fire apparatus, buses
and tractors used for hauling purposes on the highways.
COMMERCIAL RESORT UNIT
Means one room or a group of rooms in a building used or designed or intended
to be used as a single, independent and separate housekeeping establishment:
a)
In which food preparation and sanitary facilities are provided for the
exclusive use of such occupants;
b)
Which has a private entrance from a common hallway either inside or
outside the building;
c)
Which is part of a rental or lease management program which consists of
a minimum of ten commercial resort units in one or more buildings;
d)
In which the maximum habitation per housekeeping unit is restricted to
120 days per year; and,
e)
Which has been established to provide accommodation for gain or profit,
but does not mean or include a residential dwelling unit, a hotel unit, a
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motel unit, an inn unit, a lodge unit, a short term accommodation unit, a
dormitory unit or a hostel unit.
COMMERCIAL RESORT UNIT COMPLEX
Means a building or group of buildings containing a minimum of ten commercial
resort units that is part of a rental or lease management program.
COMMERCIAL SCHOOL
Means an establishment used as a school conducted for gain, including a studio
of a dancing teacher or a music teacher, an art school, a golf school, school of
calisthenics, business or trade school and any other such specialized school.
COMMERCIAL SELF-STORAGE FACILITY
Means an establishment used for the temporary storage of household items and
secured storage areas or lockers which are generally accessible by means of
individual loading doors for each storage unit or locker.
COMMUNITY CENTRE
Means a multi-purpose facility or part of that facility that offers a variety of
programs of a recreational, cultural, community service, informational, or
instructional nature and, where the facility is owned and operated by the Town,
other uses authorized through an agreement with the Town.
CONCRETE BATCHING PLANT
Means an establishment where concrete or concrete products used in building or
construction is produced, and includes facilities for the:
a)
Administration or management of the business;
b)
Stockpiling of bulk materials used in the production process or of finished
products manufactured on the premises; and/or,
c)
Storage and maintenance of required equipment, but does not include the
retail sale of finished concrete products.
CONSERVATION USE
Means an area of land that is generally left in its natural state and which is used
for any combination of preservation, protection, or improvement of components
of the natural heritage system or other lands for the benefit of man and the
natural environment and which may include, as an accessory use, hiking trails
and cross country ski trails, buildings and structures such as nature interpretation
centres and public information centres.
CONSERVATION USE - WETLAND
Means an area of land that is generally left in its natural state and which is used
for any combination of preservation, protection, or improvement of components
of the natural heritage system.
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CONTRACTORS YARD
Means an establishment used by any general contractor or builder where
equipment and materials are stored, or where a contractor and/or builder
performs shop and assembly work, and/or offers a trade or service, which is not
generally open to the public, and includes, but is not limited to, landscaping
services, excavators, roofing, industrial electricians, general construction
services, and welding services, or other similar services but does not include any
other use as defined by this By-law.
COUNCIL
Means the Municipal Council of the Corporation of the Town of The Blue
Mountains.
COUNTY
Means the Corporation of the County of Grey.
CREMATORIUM
Means an establishment devoted to the cremation of corpses.
CROSS COUNTRY SKI FACILITY
Means an area of land with trails used by skiers and which may include
accessory uses and other buildings or structures devoted to the maintenance,
administration and operation of the cross country ski facility.
DECK
Means a structure that rests upon the ground or is supported by posts or blocks
that extend from the ground, which is intended for use as an outdoor amenity
area, but does not include a balcony or porch.
DRIVEWAY
Means a defined area providing access for motor vehicles from a public or
private street or a lane to facilities such as a parking area, parking lot, loading
space, private garage, building or structure.
DRIVE-THROUGH SERVICE FACILITY
Means the use of land, buildings or structures, or parts thereof including stacking
lanes, to provide or dispense products or services, either wholly or in part,
through an attendant or a window or an automated machine, to customers
remaining in motor vehicles.
DRY CLEANING DEPOT
Means an establishment used for the purpose of receiving articles of goods of
fabric to be subjected to the process of laundering elsewhere in another
premises. These depots may also provide accessory clothing repair and
alteration services.
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DRY CLEANING PLANT
Means a facility in which the business of laundry or dry cleaning is housed and
where the cleaning, drying, ironing and finishing of such goods are conducted.
DWELLING, ACCESSORY
Means a self-contained dwelling unit accessory to a non-residential use.
DWELLING, APARTMENT
Means a dwelling unit in a building containing four or more dwelling units that
share a common access to the outdoors through a common vestibule and/or a
common corridor system. A dwelling in any other type of building is not an
apartment dwelling.
DWELLING, DUPLEX
Means a dwelling unit in a building that is divided horizontally into two dwelling
units, each of which has an independent entrance either directly to the outside or
through a common vestibule or a combination of both. A dwelling unit in any
other type of building is not a duplex dwelling.
DWELLING, MULTIPLE
Means a dwelling unit in a building containing four or more dwelling units that
would not be considered any other type of dwelling unit as defined by this By-law.
DWELLING, ROWHOUSE
Means one of three or more dwelling units divided by a vertical common wall
each such dwelling unit having an independent entrance directly from outside the
building and such dwelling unit shall be located on a separate lot.
DWELLING, SEASONAL
Means a dwelling that is not used for continuous habitation or as a permanent
residence or a dwelling to be used for recreation but not occupied or intended to
be occupied as a permanent residence or any combination of the two.
DWELLING, SEMI-DETACHED
Means a dwelling unit in a building that is divided vertically into two dwelling units
that share a common wall above grade. A dwelling in any other type of building is
not a semi-detached dwelling.
DWELLING, SINGLE DETACHED
Means a single dwelling unit which is not joined to any other dwelling.
DWELLING, TOWNHOUSE
Means a dwelling unit in a building that is vertically divided into a minimum of
three dwelling units, each of which has an independent entrance to the outside at
the front, rear, and/or side of the building. A dwelling in any other type of building
is not a townhouse dwelling.
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DWELLING, TRIPLEX
Means a dwelling unit in a building that is divided horizontal or is divided
horizontally and vertically into three dwelling units, each of which has an
independent entrance to the outside or through a common vestibule or a
combination of both. A dwelling in any other type of building is not a triplex
dwelling.
DWELLING UNIT
Means a suite operated as a housekeeping unit, used or intended to be used by
one or more persons and usually containing cooking, eating, living, sleeping and
sanitary facilities.
EMERGENCY HOUSING
Means emergency shelters or facilities that provide temporary lodging, board,
and personal support services to homeless individuals in a 24-hour supervised
setting.
EMERGENCY SERVICE FACILITY
Means a building that houses emergency personnel, their supplies, equipment
and vehicles and may include an ambulance response facility, fire station or
police station.
EQUESTRIAN CENTRE
Means the use of land or building for the boarding of horses, the training of
horses and riders and the staging of equestrian events.
EQUIPMENT SALES AND RENTAL ESTABLISHMENT
Means an establishment where machinery and equipment are offered or kept for
rent, lease or hire under agreement for compensation, but shall not include any
other establishment defined or classified in this By-law.
ESTABLISHED BUILDING LINE
Means the average distance from the streetline of existing buildings on one side
of one block where more than one-half of the lots having street access upon the
said side of the block have been built upon.
ESTATE WINERY
Means an agricultural use where fruit is grown and processed into wine, cider or
similar uses, and may include an accessory retail and/or tasting room of up to
400m2.
FARM IMPLEMENT DEALER
Means an establishment where farm equipment is repaired, serviced or sold.
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FARM PRODUCE OUTLET
Means an establishment accessory to an agricultural use where the majority of
the products sold are produced or grown on the farm on the same lot.
FARM WINERY
Means an agricultural use where fruit is grown and processed into wine, cider or
similar uses, and may include an accessory retail and/or tasting room, of up to
100m2 or 25% of the total winery floor area.
FINANCIAL INSTITUTION
Means an establishment in which financial services are offered to the public and
includes a bank, credit union, trust company, savings office, cheque cashing
company, or any other retail banking operation.
FINISHED GRADE
Means the average level of proposed or finished ground adjoining a building at all
exterior walls.
FIRST STOREY
Means the storey with its floor closest to established grade and having its ceiling
more than 1.8 metres above finished grade.
FLOOR AREA, GROSS
Means the aggregate of the areas of each floor of a building or structure above or
below established grade, measured between the exterior faces of the exterior
walls of the building or structure, or where there are common walls between uses
or buildings or structures; measured to the centre-line of a common wall,
excluding the sum of the areas of each floor used, or designed or intended for
the parking of motor vehicles, unless the parking of motor vehicles is the main
use of the building or structure.
FLOOR AREA, GROSS LEASABLE
Means the aggregate of the floor areas of a building containing a number of retail
and similar uses that are leased to tenants for their exclusive use, above or
below established grade. For the purposes of this definition, common areas that
are not designed nor leased for the exclusive use of a tenant are not included in
the calculation of gross leasable floor area.
FLOOR AREA, GROUND
Means the area of a lot occupied by a building or structure measured at the
exterior walls, excluding in the case of a dwelling any private garage, breezeway,
porch, or veranda.
FLOOR AREA, NET
Means the aggregate of the floor areas of a building above or below established
grade, but excluding:
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a)
Motor vehicle parking areas within the building;
b)
Stairways;
c)
Elevator shafts and other service and mechanical shafts;
d)
Service/mechanical rooms and penthouses;
e)
Washrooms;
f)
Waste/recycling rooms;
g)
Staff locker and lunch rooms;
h)
Bicycle lockers;
i)
Loading areas;
j)
Any space with a floor to ceiling height of less than 1.8 metres; and,
k)
Any part of a basement that is unfinished.
FOREST MANAGEMENT
The management of woodlands, including accessory uses such as the
construction and maintenance of forest access roads and maple syrup
production facilities:
a)
For the production of wood and wood products, including maple syrup;
b)
To provide outdoor recreation opportunities;
c)
To maintain and, where possible, improve or restore conditions for wildlife;
and,
d)
To protect water supplies.
FUNERAL HOME
Means an establishment used for the temporary placement of dead human
bodies, and cremated human remains, so that persons may attend funeral
services and pay their respects, but does not include a crematorium.
GARAGE WIDTH
Means the width of a private garage measured between the interior faces of the
walls of the private garage.
GARDEN SUITE
Means a single dwelling unit that is located in a detached residential structure
containing bathroom and kitchen facilities that is secondary to an existing
residential building on a lot and that is designed to be portable.
GOLF COURSE
Means an area of land laid out for the purpose of playing golf with a series of
holes and may include an accessory golf driving range, clubhouse, and other
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buildings and structures devoted to the maintenance and operation of the golf
course.
GOLF DRIVING RANGE
Means an area operated for the purpose of the practice of golf by the hitting of
golf balls on a large open area. This may include accessory uses including a
practice putting/chipping area and sales/refreshment shop.
GROUP HOME
Means residential accommodation in a single detached dwelling for up to 10
people (exclusive of staff) with special needs beyond economic requirements,
including physical, social and mental needs, which require support functions for
daily living.
GUEST ROOM
Means a room used or maintained for guest accommodation.
HALF STOREY
Means the portion of a building located wholly or partly within a sloping roof
having a floor area of not more than two thirds of the gross floor area of the
storey below.
HEIGHT
Means when used in reference to a building or structure, the vertical dimension
between the finished grade of the wall of such building or structure facing the
front lot line and:
a)
In the case of a flat roof, the highest point of the roof surface, or the
parapet, whichever is the greater, and,
b)
In the case of a pitched roof, a point midway between the eaves and the
ridge.
HOME CHILD CARE
Means the caring of children in a dwelling unit in accordance with the Child Care
and Early Years Act, as amended and which is not a Child Care Centre.
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HOME INDUSTRY
Means a small-scale industrial use with no show/display room, such as an art
class, a dance class, a carpentry shop, a metal working shop, a welding shop, a
tool and die shop or an electrical shop that provides services or wares to the rural
community and which is an accessory use. For the purpose of this By-law, the
repairing of motor vehicles, mobile homes, trailers, and/or boats is not a home
industry.
HOME BUSINESS
Means the use of part of a dwelling unit for a legal business activity that results in
a product or service and which is clearly accessory to the principal residential
use of the dwelling unit.
HOSPITAL
Means a facility established for the purpose of the treatment of persons, and that
is approved as a public hospital under The Public Hospitals Act, R.S.O. 1990,
Chapter P.40, as amended, or any successor legislation.
HOTEL
Means an establishment that contains one building or two or more connected or
adjacent buildings that, throughout all or part of a calendar year, caters to the
needs of the public by furnishing guest rooms for a fee, including all such
establishments as defined from time to time by the Hotel Registration or Guests
Act, R.S.O. 1990 c.H.17, as amended, but not including any other establishment
otherwise defined or classified in this By-law. A Hotel may or may not:
a)
Supply food;
b)
Have an on-site management office;
c)
Include permanent staff accommodation;
d)
Include convention facilities;
e)
Include one or more dining rooms;
f)
Include recreational facilities for use by the guests;
g)
Be licensed under the Liquor Licence Act of Ontario.
INDUSTRIAL USE
Means an establishment used for the warehousing of goods and materials; the
processing of goods and materials; the assembly of manufactured goods; the
manufacturing of goods; the repair and servicing of goods and similar uses;
research laboratories; and printing establishments; including any permanent
storage facilities or accessory equipment that is in conjunction with the use, but
does not include a motor vehicle repair establishment, or a motor vehicle body
shop.
INFRASTRUCTURE
Means physical structures (facilities and corridors) that form the foundation for
development. Infrastructure includes: sewage and water systems, septage
treatment systems, stormwater management systems, waste management
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systems, electricity generation facilities, electricity transmission and distribution
systems, communications/telecommunications, transit and transportation
corridors and facilities, oil and gas pipelines and associated facilities.
KENNEL
Means an establishment where four or more dogs or cats are maintained,
boarded, trained, bred or cared for in return for remuneration or kept for the
purposes of sale, and may include enclosed outdoor exercise areas or pens.
LANDSCAPING
Means trees, shrubs, flowers, grass or other horticultural elements, decorative
stonework, screening or other architectural elements, all of which are designed to
enhance the visual amenity of a property and shall not include parking areas.
LANE
Means a subsidiary thoroughfare that is not intended for general traffic circulation
and which provides a public or private means of vehicular access to an abutting
property.
LAUNDROMAT
Means an establishment where laundry machines, in which only water and
detergents can be used, are made available to the general public for the purpose
of cleaning clothes and other articles made of fabric.
LIBRARY
Means a facility used for the collection of printed, electronic, and pictorial material
for public use for the purposes of study, reference, and recreation, and which
may include meeting rooms for community use, activity areas, cafeteria, and
space for recreational uses.
LIVE WORK UNIT
Means a dwelling unit that is not an additional residential unit having an area of
not more than 200 square metres that contains a subsidiary business and
personal services occupancy or a subsidiary low hazard industrial occupancy,
and which is used and operated by one or more persons of a single household.
LOADING SPACE
Means an unobstructed area of land that is used for the temporary parking of one
or more commercial motor vehicles while merchandise or materials are being
loaded to or unloaded from such vehicle.
LOCK-OFF UNIT
Means a village commercial resort unit that has a private, separate access to a
common hallway and an access door in the common, shared wall with an
adjacent village commercial resort unit.
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LONG TERM CARE HOME
Means a place that is licensed as a long-term care home under the Long-Term
Care Homes Act, 2007, S.O. 2007, c.8. and includes a municipal home, joint
home or First Nations home.
LOT
Means a parcel of land that is registered as a legally conveyable parcel of land in
the Land Titles Registry Office.
LOT AREA
Means the total horizontal area within the lot lines of a lot.
LOT, CORNER
Means a lot at the intersection of two or more public streets or upon two parts of
the same public street with such public street or public streets containing an
angle of not more than 135 degrees.
LOT COVERAGE
Means the percentage of the lot area covered by all buildings and structures, but
not including an in-ground pool or deck.
LOT DEPTH
Means the horizontal distance between the mid-point of the front lot line and the
mid-point of the rear lot line.
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LOT FRONTAGE
Means the horizontal distance between the interior side and/or exterior side lot
lines, with such distance being measured perpendicularly to the line joining the
mid-point of the front lot line with the mid-point of the rear lot line at a point on
that line 6.0 metres from the front lot line.
In the case of a lot with no rear lot line, the point where two side lot lines intersect
shall be the point from which a line is drawn to the mid-point of the front lot line.
In the case of a corner lot with a sight triangle, the exterior side lot line shall be
deemed to extend to its hypothetical point of intersection with the extension of
the front lot line for the purposes of calculating lot frontage.
LOT LINE
Means a line delineating any boundary of a lot.
LOT LINE, EXTERIOR SIDE
Means the lot line of a corner lot, other than the front lot line, which divides the lot
from a public or private street.
LOT, INTERIOR
Means a lot that is not a corner lot or a through lot.
LOT LINE, FRONT
Means the line that divides the lot from a public or private street but, in the case
of:
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a)
A corner lot, the shortest of the lot lines that divides the lot from a public or
private street shall be deemed to be the front lot line;
b)
A corner lot where such lot lines are of equal length and where one lot line
abuts a County road or Provincial highway, the front lot line shall be
deemed to be that line which abuts the County road or Provincial highway;
c)
A corner lot where such lot lines are of equal length and where both lot
lines abut public streets under the same jurisdiction, the Town may
designate either lot line as the front lot line;
d)
A lot that does not abut a public street but which is separated from a
public street by a public park and which is accessed by a lane, the
shortest lot line that abuts the public park shall be deemed to be the front
lot line; and,
e)
A through lot, the longest of the lot lines, which divides the lot from the
public streets, shall be deemed to be the front lot line. If both such lot lines
are of equal length, the Town may designate either lot line as the front lot
line.
LOT LINE, INTERIOR SIDE
Means a lot line, other than a rear lot line that does not abut a public or private
street.
LOT LINE, REAR
Means the lot line opposite from the front lot line.
LOT, THROUGH
Means a lot that is not a corner lot but has frontage on more than one a public or
private street.
MAIN BUILDING
Means a building that functions as the building in which the principal use of the
lot is carried out.
MARINA
Means an establishment containing docking facilities where watercraft and
watercraft accessories are berthed, stored, serviced, repaired, and kept for sale
or rent and which may include facilities for the sale of marine fuels and lubricants
as well as facilities for watercraft wastewater pumping.
MEDICAL OFFICE
Means an establishment used for the medical, dental, surgical and therapeutic
treatment of human beings including clinics operated by a number or variety of
medical professionals, but does not include a public or private hospital or the
office located in the medical professional's residence.
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MINERAL AGGREGATE RESOURCES
Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite, rock or other material prescribed under the Aggregate
Resources Act suitable for construction, industrial, manufacturing and
maintenance purposes but does not include metallic ores, asbestos, graphite,
granite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other
material prescribed under the Mining Act.
MINERAL AGGREGATE RESOURCE OPERATION
Means:
a)
Lands under license or permit, other than for a wayside pit or quarry,
issued in accordance with the Aggregate Resources Act, or successors
thereto; and,
b)
Associated facilities used in extraction, transport, beneficiation, processing
or recycling of mineral aggregate resources and derived products such as
asphalt and concrete, or the production of secondary related products.
MINIATURE GOLF COURSE
Means an establishment where the game of mini-putt is played using artificially
constructed holes.
MINIMUM DISTANCE SEPARATION
Means formulae and guidelines developed by the Province, as amended from
time to time, to separate uses so as to reduce incompatibility concerns about
odour from livestock and manure storage facilities.
MOBILE HOME
Means any dwelling unit that is designed to be mobile, and constructed or
manufactured to provide a permanent residence for one or more persons in
accordance with the applicable Canadian Standards Association standards, but
does not include a truck camper, travel/tent trailer or tent otherwise designed.
MOBILE HOME PARK
Means land that has been provided and designed for the location of two or more
occupied mobile homes.
MODEL HOME
Means a dwelling unit building that is used on a temporary basis as a sales office
and/or as an example of the type of dwelling unit that is for sale in a related
development and which is not occupied or used for human habitation.
MODULAR HOME DWELLING
Means a dwelling unit manufactured in a remote facility in accordance with
applicable Canadian Standards Association standards, and divided into multiple
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modules or sections that are delivered and assembled on the intended site of the
use.
MOTEL
Means an establishment that contains guest rooms with no private cooking
facilities that are rented on a temporary basis to the travelling public with each
room being accessed from the outside. A motel may include such accessory
uses as a restaurant, meeting rooms, swimming pool, recreational facilities for
the use of guests, but shall not include any adult entertainment establishment.
MOTOR VEHICLE
Means an automobile, motorcycle, motor-assisted-bicycle, unless otherwise
indicated in the Highway Traffic Act, as amended, and any other vehicle
propelled or driven otherwise other than by muscular power.
MOTOR VEHICLE BODY SHOP
Means an establishment used for the painting, repairing of the interior, exterior,
or undercarriage of motor vehicle bodies. Motor vehicle washing establishments
are not permitted as an accessory use.
MOTOR VEHICLE GAS BAR
Means an establishment used only for the sale of motor vehicle fuels and motor
vehicle accessories, and may also include accessory retail sales of convenience
foods and beverages, car washes, propane filling station, but does not include
the performance of repairs to a motor vehicle.
MOTOR VEHICLE REPAIR GARAGE
Means an establishment used for the repairing of motor vehicles and recreational
trailers, vehicles or boats, but shall not include the sale of motor vehicle fuels or a
motor vehicle body shop.
MOTOR VEHICLE SALES, LEASING AND/OR RENTAL
ESTABLISHMENT
Means an establishment used for the sale, leasing and/or rental of motor vehicles
and may include a motor vehicle repair garage.
MOTOR VEHICLE WASHING ESTABLISHMENT
Means an establishment in which the mechanical or hand washing of motor
vehicles is carried out.
MOUNTAIN BIKE FACILITY
Means an area of land with trails used by non-motorized mountain bikes and
which may include, as accessory uses, a restaurant, a clubhouse, a retail store
selling mountain bike equipment and accessories, and other buildings or
structures devoted to the maintenance, administration and operation of the
mountain bike facility.
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MUSEUM
Means an establishment used for the preservation of a collection of paintings,
other works of art, objects of natural history, mechanical scientific or
philosophical inventions, instruments, models or designs and which may also
include libraries, reading rooms, laboratories and accessory office.
NATURE INTERPRETATION CENTRE
Means premises in which maps, exhibits and documents are displayed for the
purpose of explaining the natural heritage system to the public.
NON-COMPLYING
Means a building or structure that does not comply with this By-law.
NON-CONFORMING
Means a use that is not a permitted use in the Zone in which the said use is
situated.
ON-FARM DIVERSIFIED USES
Means uses that are secondary to the principal agricultural use of the property,
and are limited in area. On-farm diversified uses include, but are not limited to,
home business, home industry, agri-tourism uses, and uses that produce value-
added agricultural products.
OUTDOOR DISPLAY AND SALES AREA, ACCESSORY
Means a display area, used in conjunction with the main building or structure on
the same lot, for the accessory, outdoor display and/or sales of produce,
merchandise or the supply of services in association with the primary use of the
lot. Such a display and/or sales area may be wholly or partially contained within
a tent structure.
OUTDOOR RECREATION USE
Means the use of land for private parks, playgrounds, outdoor skating, golf
course, tennis courts, slide rides, picnic areas, swimming pools, day camps,
hiking, snow skiing, mountain biking, and all similar uses but does not include a
track for the racing of animals, motor vehicles, snowmobiles or motorcycles, golf
driving ranges, miniature golf course or any permanent buildings or structures
related to such uses.
OUTDOOR STORAGE
Means an area of land used for the outdoor storage of goods and materials in the
open air or in portable objects such as shipping containers in association with the
main use of lot and do not include an outdoor display and sales area.
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OUTDOOR STORAGE USE
Means an outdoor storage area forming the main use of a lot, such as a motor
vehicle wrecking yard, a motor vehicle storage compound or a construction
equipment or materials yard.
PARK MODEL HOME
Means a trailer designed for temporary human habitation having permanent
running gear attached and meeting Canadian Standards Association Standard
Z240 and Z241.
PARKING AND LOADING AREA, CLARKSBURG
Means the area shown below:
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PARKING AND LOADING AREA, THORNBURY
Means the area shown below:
PARKING AREA
Means an open area of land not located within a public street or lane that is
intended for the use of parking of motor vehicles in marked parking spaces, but
does not include a driveway or any area where motor vehicles for sale, rent or
repair are kept or stored.
PARKING GARAGE
Means a building, or part thereof, used for the storage or parking of motor
vehicles.
PARKING LOT
Means an area of land used for the parking of motor vehicles for a fee, with such
use forming the principal use of a lot.
PARKING SPACE
Means an unobstructed space for the exclusive use of parking of a motor vehicle.
PASSIVE RECREATIONAL USE
Means outdoor recreational activities such as a nature observation, walking trails,
hiking, canoeing or kayaking that require minimum facilities or development and
that have minimal impact on the environment. A nature interpretation centre on
lands owned by a public authority is also considered to be a passive recreational
use.
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PERSONAL SERVICE SHOP
Means an establishment providing services related to the grooming of persons
(such as a barber or salon or the maintenance, or repair of personal articles and
accessories), a premises providing small appliance or electronics repair services,
or a premises providing services related to the maintenance of a residence or
business (such as private mail box, photocopying, or custodial services).
PLACE OF AMUSEMENT
Means an establishment that contains facilities that offer games of skill and
competition for the amusement of the public, such as motion simulation rides,
virtual reality games, video games, computer games, laser games and similar
types of uses, but does not include casinos or any other establishment
accommodating gambling or gaming activities, wagering or betting, video lottery
and gaming machines or any other similar type of gambling use.
PLACE OF ENTERTAINMENT
Means a motion picture or live theatre, arena, auditorium, planetarium, concert
hall and other similar uses but shall not include any adult entertainment
establishment, any use entailing the outdoor operation or racing of animals or
motorized vehicles, a casino or any other establishment accommodating or
providing gambling or gaming activities, wagering or betting, video lottery or
gaming machines, or any other similar type of gambling use.
PLACE OF WORSHIP
Means a facility used for the practice of religion and faith-based spiritual
purposes wherein people assemble for religious worship, faith-based teaching,
fellowship and community social outreach.
PLANTING STRIP
Means an area of land that is used exclusively for landscaping and can be
crossed by driveways and walkways accessing a lot from the street.
PORCH
Means a structure with a roof and at least one side that is open and unenclosed,
is accessed by stairs from grade and which provides access to the first storey of
a dwelling unit.
PORTABLE ASPHALT PLANT
Means a facility:
a)
With equipment designed to heat and dry aggregate and to mix aggregate
with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process; and,
b)
Which is not of permanent construction, but which is to be dismantled at
the completion of the construction project.
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PORTABLE CONCRETE PLANT
Means a building or structure:
a)
With equipment designed to mix cementing materials, aggregate, water
and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process; and,
b)
Which is not of permanent construction, but which is designed to be
dismantled at the completion of the construction project.
PRIMARY RESIDENTIAL UNIT
Means the primary dwelling unit in a single detached, semi-detached or rowhouse
dwelling. A primary residential unit shall not mean or include an additional
residential unit.
PRIVATE CLUB
Means an establishment used as a meeting place by members and guests of
members of non-profit and non-commercial organizations for community, social,
recreational, or cultural purposes. This definition does not include uses that are
normally carried out as a commercial enterprise and shall not include any adult
entertainment establishment.
PRIVATE GARAGE
Means an accessory building which is designed or used for the sheltering of a
private motor vehicle(s) and storage of household equipment incidental to the
residential occupancy and which is fully enclosed and roofed. For the purposes
of this By-law, a private garage excludes a carport.
PRIVATE PARK
Means an open space or recreational area other than a public park, operated on
a commercial and/or private member basis, and which includes one or more
recreational uses.
PRIVATE RECREATIONAL USE
Means a small scale use designed to serve a private group of local residents,
such as private clubs, health and fitness clubs, tennis courts, parks and other
private recreational facilities. Where permitted, private recreational uses shall
have a gross floor area not exceeding 250 square metres.
PRIVATE SCHOOL
Means a building or structure or part thereof used as an academic school which
secures the major part of its funding from sources other than government
agencies.
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PRIVATE STREET
Means a private thoroughfare not under the jurisdiction of the Town, the County
of Grey or the Province of Ontario or created through the registration of a plan of
condominium.
PUBLIC AUTHORITY
Means the Government of Canada, Province of Ontario, County of Grey or The
Town of The Blue Mountains and any agency, board or commission thereof.
PUBLIC PARK
Means any area of land under the jurisdiction of a public authority that is
designed and/or maintained for recreational purposes. Without limiting the
generality of the foregoing, a public park may include municipal parks and
playgrounds, golf courses, swimming pools, tennis courts, bowling greens,
arenas, boating facilities and sports fields and ancillary retail uses. However, this
definition does not imply that the public park will be developed for active or
recreational uses.
PUBLIC SCHOOL
Means a facility used as an academic school under the jurisdiction of a
Provincially approved educational institution or parochial school operated on a
non-profit basis.
PUBLIC STREET
Means a roadway owned by a public authority and for the purposes of this By-law
does not include a private street or lane.
PUBLIC USE
Means any use of land, buildings or structures by or on behalf of a public
authority.
PUBLIC WORKS YARD
Means a facility where salt and/or sand is stored in addition to motor vehicles and
equipment owned and operated by a public authority.
RECREATIONAL EQUIPMENT SALES, RENTAL AND SERVICE
ESTABLISHMENT
Means an establishment where recreational equipment such as canoes, kayaks,
skis, snowboards, mountain bikes, segways, rowboats and other similar non-
motorized types of recreational equipment is sold, rented or serviced.
RECREATIONAL ESTABLISHMENT
Means a building or structure that has been designed and equipped for the
conduct of sports and leisure time activities such as a billiard or pool room,
bowling alley, ice/curling or roller skating rink and other similar uses, but shall not
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include a commercial fitness centre, adult entertainment parlour, any use
entailing the outdoor operation or racing of animals or motorized vehicles, a
casino or any other establishment accommodating or providing gambling or
gaming activities, wagering or bettering, video lottery or gaming machines, or any
other similar type of gambling use, or any other sports or leisure time use
otherwise defined in this By-law.
RECREATIONAL TRAILER OR VEHICLE
Means any vehicle that is suitable for being attached to a motor vehicle, in
accordance with applicable Canadian Standards Association standards, for the
purpose of being drawn or is self-propelled, and may be capable of being used
on a short term recreational basis for living, sleeping or eating accommodation of
human beings and includes a travel/tent trailer, trailer camper, motorized camper,
motorhome or boat trailer.
RECYCLING ESTABLISHMENT
Means a facility in which used materials are separated and/or processed and
then shipped to other users that will then use those materials to manufacture new
or recycled products.
RENTAL OR LEASE MANAGEMENT PROGRAM
Means a program that provides for the full centralized management of a
minimum of ten commercial resort units including, but not limited to: a registered
business that provides for such full centralized management. The Program shall
provide a point of contact being a company that shall be available on a 24 hour
basis for security, housekeeping, maintenance, and accounting matters. In this
definition, "full centralized management" means common, centralized or shared
advertising, booking, operations, security, housekeeping, maintenance and
accounting. Under full centralized management it would be required that any
reservations/booking within a Commercial Resort Unit (CRU), being brokered, for
any monetary gain or profit, be managed exclusively by the CRU Rental Lease
Management Program Manager and not by the CRU unit owner, independent of
the CRU Rental or Lease Management Company. [ ZBA 2021-59 ]
REPAIR SHOP
Means an establishment used for the servicing, repairing or renting of articles,
goods or materials, and may include an outlet for service and repair done off
premises, but does not include any use involving the sale, rental or servicing of
motor vehicles.
RESERVE
Means a strip of land abutting a public street and owned by a public authority
having jurisdiction over the public street. For the purposes of this By-law, a lot
separated from a public street by a reserve shall be deemed to abut that public
street.
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RESIDENTIAL CARE FACILITY
Means residential facilities in which residents who have a range of emotional,
psychiatric, physical, developmental, or social disadvantages or problems live in
a 24-hour supervised setting, and receive both room and board and support with
daily living, including group homes, second level lodging homes and treatment
centres.
RESIDENTIAL PATIO
Means an outside area made of impermeable material, with a maximum height of
0.3 metres that is accessory to a dwelling unit.
RESTAURANT
Means an establishment in which the principal business is the preparation and
serving of food and refreshments to the public for consumption at tables within or
outside the building and which may include the preparation of food in a
ready-to-consume state for consumption off the premises, but shall not include a
drive-through service facility.
RETAIL STORE
Means an establishment in which goods, wares, merchandise, substances,
articles or things are displayed, rented or sold directly to the public but does not
include any use otherwise defined by this By-law.
RETIREMENT HOME
Means a facility that provides accommodation primarily to retired persons or
couples where each private bedroom or living unit or assisted living dwelling units
has a separate private bathroom and separate entrance from a common hall but
where common facilities for the preparation and consumption of food are
provided, and where common lounges, recreation rooms and medical care
facilities may also be provided.
REQUIRED YARD
Means the minimum setback distance required for a yard. [ ZBA 2019-41 ]
SALVAGE YARD
Means an area outside of an enclosed building where scrap metal and motor
vehicles are disassembled and dismantled, or where motor vehicles in an
inoperable condition or used motor vehicle parts are stored or re-sold.
SAW AND/OR PLANING MILL
Means premises where timber is cut, sawed or planed either to finished lumber
or as an intermediary step and may include facilities for the kiln drying of lumber
and the sale of such products to the public.
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SCHOOL PORTABLE
Means a temporary building or structure designed to serve as a classroom on a
lot that is also the site of a public school.
SECOND LEVEL LODGING HOME
Means a single detached dwelling which has been converted as a lodging or
rooming house and is occupied by not less than eleven persons and not more
than twenty persons exclusive of staff, who live under supervision as a single
housekeeping unit and require 24-hour residential, sheltered, specialized or
group care.
SETBACK
Means the horizontal distance from a lot line or a defined physical feature
measured at right angles to such line or feature to the nearest part of any
building or structure on the lot.
SHIPPING CONTAINER
Means a freight container that is used for the transportation and storage of goods
and materials that are loaded onto trucks, trains or ships for the purpose of
moving of goods and materials. A shipping container shall also include, but not
be limited to the body of a transport trailer or a straight truck and any
prefabricated portable metal storage unit. For the purpose of this definition, a
shipping container does not have wheels or include a motor vehicle or a transport
trailer.
SHOPPING CENTRE
Means a group of commercial uses that has been designed and developed as a
unit, for which access is provided from the outside through a common
entrance(s) to an internal, climate controlled, covered mall.
SHORT TERM ACCOMMODATION
Means a building or structure or any part thereof that operates or offers a place
of temporary residence, lodging or occupancy by way or concession, permit,
lease, license, rental agreement or similar commercial arrangement for any
period less than thirty (30) consecutive calendar days, throughout all or any part
of a calendar year. Short term accommodation uses shall not mean or include a
motel, hotel, bed and breakfast establishment, tourist cabin or cottage, hospital,
commercial resort unit, village commercial resort unit or similar commercial or
institutional use.
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SIGHT TRIANGLE
Means an unobstructed triangular area where the front lot line and exterior side
lot line meet on a corner lot.
SKI-LIFT FACILITY
Means facilities for the transport of people from the base of a ski hill to the top of
the ski hill, such as a T-bar Lift, chair lift and magic carpet lift.
SKI RESORT
Means a commercial or private establishment where snow skiing facilities are
provided.
SKI TRAILS
Means trails for downhill skiing, cross-country skiing or mountain biking.
SNACK BAR
Means an establishment where snacks are sold.
SPECIAL NEEDS HOUSING
Means any housing, including dedicated facilities, that is designed to
accommodate individuals with specific needs beyond economic needs and
includes: long term care facilities and retirement homes, where varying degrees
of support services are provided including meal preparation, laundry,
housekeeping, respite care and attendant services, emergency housing and
residential care facilities.
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STACKING LANE
Means an area of land that is used exclusively for motor vehicles whose
occupants are waiting to be provided with goods, materials or services.
STORAGE CONTAINER
Means any portable device that is open or closed, in which a material can be
stored, handled, treated, transported, recycled or disposed of.
STOREY
Means that portion of a building between the surface of a floor and the floor,
ceiling, or roof immediately above.
STORMWATER MANAGEMENT FACILITY
Means end-of-pipe management facilities being a detention or retention basin,
which may include a permanent pool, designed to temporarily store and treat
collected stormwater runoff and release it at a controlled rate.
STREETLINE
Means the dividing line between a lot and a public or private street.
STRUCTURE
Means anything that is erected, built or constructed of parts joined together and
attached or fixed permanently to the ground or any other structure. For the
purpose of this By-law, a fence, a light standard, transformers, and a sign are
deemed to not be structures. For the purpose of setback calculations, natural gas
or electricity meters, dog houses, antennas, freestanding mail boxes, driveway
entrance features, statues, storage lockers under 1 metre high, pool pumps and
filters not inside accessory buildings, flag poles, free standing trellises, shopping
cart enclosures, waste receptacles, school bus shelters, composters, planters,
and barbeques are not considered structures for the determination of setbacks.
STUDIO
Means an establishment used as a working place for the creation of paintings,
sculptures, pottery, glass, wrought iron and other objects or items that are the
subject of art.
SUPERMARKET
Means an establishment containing a complete departmentalized food store
selling a comprehensive line of groceries, baked goods, fresh fruit and
vegetables, canned goods, dairy products, frozen foods, and fresh and frozen
meats. Other accessory lines may include confectionary, drugs and cosmetics,
household supplies, hardware, commercial service uses such as dry cleaning
and financial services, and a seasonal garden centre.
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SWIMMING POOL
Means an artificial body of water, located wholly or partially outdoors, the
container of which is constructed of man-made materials, in which the depth of
the water at any point can exceed 0.5 metres and shall include above-ground
pools, hot tubs and whirlpools, but shall not include a natural, dug or damned
pond that is primarily used for aesthetic, stormwater management or agricultural
purposes.
TANDEM PARKING
Means two parking spaces arranged such that one of the two motor vehicles that
are parked does not have independent access to a private or public street.
TARP STRUCTURE
Means a structure that is constructed out of material and/or plastic and/or vinyl
that is designed to protect motor vehicles or other items from weather related
events such as rain or snow.
TEMPORARY SALES OFFICE
Means the temporary use of land or the temporary use or erection of a building,
structure, mobile home or trailer for a sales and rental office incidental to the
construction of one or more dwellings approved under a Plan of Subdivision,
Plan of Condominium, or Site Plan Approval.
TENT
Means every kind of temporary shelter for sleeping that is not permanently
affixed to the site and that is capable of being easily moved.
THEATRE
Means an establishment that is used for the showing of motion pictures or for
dramatic, musical or live performances. For the purposes of this definition, an
adult entertainment parlour or an adult video store is not considered to be a
theatre.
TOURIST CABIN OR COTTAGE
Means a seasonal dwelling unit operated or offered as a place of temporary
residence, lodging or occupancy by way of concession, permit, lease, licence,
rental agreement or similar commercial arrangement, throughout all or any part
of a calendar year.
TRADE AND CONVENTION CENTRE
Means an establishment where facilities are provided for the displaying of goods
and/or services for the general public, such as an auto show or a computer trade
show or where groups of people meet for civic, educational, political, religious or
social purposes.
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TRAILER, TRANSPORT
Means any vehicle so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle and is
capable of being used for the transport of goods, materials, equipment or
livestock notwithstanding that such vehicle is jacked up or that its running gear is
removed.
TRAILER PARK
Means an area of land used for the temporary or seasonal parking of travel/tent
trailers, recreational trailer or vehicle, truck campers and/or tents occupied by the
travelling or vacationing public.
TRANSPORT TERMINAL
Means an establishment used for the purpose of storing, servicing, washing,
repairing or loading of trucks and transport trailers with materials or goods that
are not manufactured, assembled, warehoused, or processed on the same lot.
TRAVEL/TENT TRAILER
Means a trailer which is designed to be temporarily utilized for living, shelter and
sleeping accommodation, with or without cooking facilities and which has running
gear and towing equipment that is permanently attached, has a current license
and is not permanently affixed to the ground.
TRAVEL/TENT TRAILER SITE
Means a site in a trailer park or campground that is used for the temporary
parking or storing of a travel/tent trailer, recreational trailer or vehicle, truck
camper or tent.
TREATMENT CENTRE
Means a single detached dwelling which is occupied by not more than 20 people
exclusive of staff, who live as a single housekeeping unit, and require 24-hour
residential, sheltered, specialized or group care, and treatment and rehabilitation
for addiction to drugs or alcohol.
TRUCK CAMPER
Means a unit that is constructed in a manner such that it may be attached to a
motor vehicle, as a separate unit, and is capable of being temporarily utilized for
living, sleeping or eating.
USE
Means the purpose for which any portion of a lot, building or structure is
designed, arranged, intended, occupied or maintained.
VETERINARY CLINIC
Means an establishment used by a veterinary surgeon for the treatment and care
of animals, birds or other livestock.
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VILLAGE COMMERCIAL RESORT UNIT
Means one room or a group of rooms forming a single commercial
accommodation unit within a Village Commercial Resort Unit Complex in which:
a)
Culinary and sanitary facilities are provided for the exclusive use of the
unit; and,
b)
Access to the unit is provided by a private entrance from a common
hallway inside the building; and,
c)
Is not used or designated as a principal residence; but does not mean or
include a residential dwelling unit, hotel unit, a motel unit, an inn unit, a
lodge unit, a dormitory unit, a hostel unit, or any other use defined herein.
VILLAGE COMMERCIAL RESORT UNIT COMPLEX
Means a building or group of buildings containing 10 or more Village Commercial
Resort Units which:
a)
Is serviced by a central lobby facility; and,
b)
Is part of a rental or lease management program, including housekeeping
services, with a minimum of 80% of the Village Commercial Resort Units
restricted to occupancy by any one individual person for one or more
periods of time not to cumulatively exceed a total of 120 days per year;
and,
c)
The remaining 20% may be exempt from the 120 day per year occupancy
limitation; and,
d)
Contain accessory recreational and/or commercial uses.
WAREHOUSE
Means an establishment that is used primarily for the housing, storage, adapting
for sale, packaging or wholesale distribution of goods, wares, merchandise, food
substances and articles.
WASTE
Means a material licensed or included within a Certificate of Approval issued by
Federal, Provincial, or Regional Governments which is not hazardous and not
needed by the generator of that material, that is destined for either final disposal
or for reprocessing to create a usable product or material, but does not include a
by-product of a manufacturing process that is used unaltered in another
manufacturing process.
WASTE COMPOSTING FACILITY
Means:
a)
Any land upon, into or through which, or building or structure in which
organic waste that is to be diverted from landfill is deposited, stored,
processed and recycled into compost for retail and wholesale purposes;
and,
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b)
Any operation carried out or machinery or equipment used in connection
with the depositing, storage, transfer, processing or recycling referred to in
clause a).
WASTE DISPOSAL SITE
Means any land upon, into or through which, a building or structure in which,
waste is deposited, disposed of, handled, stored, transferred, treated or
processed and includes any operation carried out or machinery or equipment
used in connection with the depositing, disposal, handling, storage, transfer,
treatment or processing of waste.
WASTE, HAZARDOUS
Means any substance or material licensed or included within a Certificate of
Approval issued by Federal, Provincial, or Regional Governments that, by reason
of its toxic, caustic, corrosive or otherwise injurious properties, may be
detrimental or deleterious to the health of any person handling or otherwise
coming into contact with such material or substance.
WASTE STORAGE AREA
Means space allocated either within a main building or in an accessory building
or structure where garbage, refuse or recycling materials are temporarily stored
while awaiting disposal, but does not include any storage for hazardous waste or
materials.
WASTE TRANSFER STATION
Means the use of land for the collection of waste into bulk containers for the
further transport to a land fill site, recycling facility or other waste disposal facility.
WAYSIDE PIT OR QUARRY
Means a temporary pit or quarry opened and used by a public authority solely for
the purpose of a particular project or contract of road construction or
maintenance and which is not located within the right-of-way of a public street.
WHOLESALE ESTABLISHMENT
Means a building or structure used for the sale and distribution of goods and
materials for resale purposes only.
WOODCHIPPING ESTABLISHMENT
Means an establishment in which timber from the same lot or from another
location is fed into a wood-chipping machine for the purpose of producing
woodchips and which may include, as an accessory use, the retail sale of the
woodchips to the public.
WORKSHOP
Means an establishment where manufacturing is performed by tradesmen
requiring manual or mechanical skills and may include a carpenter's shop, a
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locksmith's shop, a gunsmith's shop, a plumbing and electrical contractor's or a
heating/air conditioning contractor's shop, a commercial welder's shop, or similar
uses.
YARD
Means an open, uncovered space on a lot adjacent to a building and unoccupied
by buildings or structures except as specifically permitted in this By-law.
YARD, EXTERIOR SIDE
Means the yard of a corner lot extending from the front yard to the rear yard
between the exterior side lot line and the nearest main wall of the main building
or structure on the lot.
YARD, FRONT
Means a yard extending across the full width of the lot between the front lot line
and the nearest main walls of the main building or structure on the lot.
YARD, INTERIOR SIDE
Means a yard other than an exterior side yard that extends from the front yard to
the rear yard between the interior side lot line and the nearest main walls of the
main building or structure on the lot.
YARD, MAXIMUM
Means the maximum distance of a yard measured horizontally from the nearest
point of a building or structure to the applicable lot line.
YARD, MINIMUM
Means the minimum distance of a yard measured horizontally from the nearest
point of a building or structure to the applicable lot line.
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YARD, REAR
Means a yard extending across the full width of the lot between the rear lot line
and the nearest main walls of the main building or structure on the lot.
ZONE
Means a designated area of land use(s) shown on the Zoning Schedule(s) of this
By-law.
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PART 4.0
GENERAL PROVISIONS
4.1
ADDITIONAL RESIDENTIAL UNITS (ARUs)
4.1.1
Number of ARUs
A maximum of two ARUs may be permitted within a main building or
in an accessory building on lots containing a single-detached, semi-
detached, or rowhouse dwelling, in accordance with the following
provisions:
a)
For lots connected to both municipal water and sanitary
sewer services, a maximum of two ARUs are permitted.
b)
For lots connected to partial municipal services (either water
or sanitary sewer) or that are serviced privately:
a. On lots less than 0.8 hectares in area, one ARU is
permitted.
b. On lots greater than 0.8 hectares in area, two ARUs
are permitted.
c)
Notwithstanding the above provisions, on lots designated
under the Niagara Escarpment Plan, a maximum of one
ARU is permitted and shall be located within the main
building.
4.1.2
All ARUs
ARUs located within a main building or within a detached accessory
building shall be subject to the following provisions:
a)
The maximum gross floor area of an ARU shall not exceed
50% that of the primary residential unit or 100 square metres,
whichever is greater.
i.
In addition, on lots designated under the Niagara
Escarpment Plan, the maximum gross floor area shall
be less than that of the primary dwelling unit.
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b)
The maximum number of bedrooms shall be 2.
c)
ARUs shall comply with Minimum Distance Separation
requirements.
4.1.3
ARUs in a Detached Accessory Building
Notwithstanding the provisions of Section 4.3, a detached
accessory building containing at least one ARU shall be subject to
the following provisions:
a)
The minimum rear yard shall be 1.2 metres. All other
required yards shall be in accordance with those required
for the main building.
b)
The maximum height shall be 5 metres, except where the
ARU is located above another accessory use, in which case
the maximum height shall be 8 metres.
c)
The maximum lot coverage applicable to the building shall
be permitted to exceed that applicable to accessory
buildings by 5 percentage points per ARU.
d)
The building shall be located within 50m of the main
building.
[ZBA 2024-31]
4.2
ACCESSORY APARTMENT DWELLINGS IN A
COMMERCIAL ZONE
Notwithstanding any other provisions of this By-law, where
accessory dwellings are permitted in the same building as a
permitted commercial use, the following shall apply:
a)
Accessory dwellings are only permitted above the first storey
or rear of a commercial building.
4.3
ACCESSORY BUILDINGS, STRUCTURES AND
USES
Unless otherwise specified, accessory uses, buildings and
structures are permitted in all zones and are subject to the following
provisions:
a)
No accessory building or structure can be erected on a lot
prior to the erection of the main building on the lot.
b)
No accessory building or structure can be used for human
habitation or as a home industry or home business, unless
expressly permitted by this By-law.
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c)
No accessory building or structure can be located within an
easement that is in favour of a public authority.
d)
Accessory buildings or structures shall be located no closer
to the front or exterior side lot line than the main building, in
the R1, R2, R3, C1, C2, C3, C4, C5, C7, M1 or M2 Zones.
e)
Accessory buildings or structures shall be located no closer
to the front or exterior side lot line than the minimum front
yard and exterior side yard requirement for the main building
in the M3, A, SA, RU, I, REC, P or OS Zones.
f)
An accessory building or structure may be located in the
front yard of the lot provided that the said lot abuts Georgian
Bay and the building or structure is a minimum of 2.5 metres
from the front lot line and no closer than 1.2 metres from an
interior side lot line. [ ZBA 2019-41 ]
g)
An accessory building or structure in an interior side yard
must be located no closer than 1.2 metres from the interior
side lot line.
h)
An accessory building or structure in a rear yard must be
located no closer than 1.2 metres from the rear lot line and
interior side lot line.
i)
The maximum height of accessory buildings or structures
(except detached private garages) in all zones is 4.5 metres.
Notwithstanding the above, agricultural buildings are exempt
from this provision.
j)
The maximum height for a detached private garage in all
zones is 5.0 metres.
k)
The maximum lot coverage of all accessory building or
structures (including a detached private garage) on a lot in
any Residential Zone is 10%.
4.4
ACCESSORY FARM EMPLOYEE
ACCOMMODATION
Accessory farm employee accommodation is subject to the
following provisions:
a)
Accessory farm employee accommodation shall be located
no closer than 30 metres from any lot line.
b)
Buildings or structures for accessory farm employee
accommodation shall only be located on a lot with a
minimum lot area of least 10 hectares.
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c)
The accessory farm employee accommodation shall be
clearly secondary and accessory to the principal use on the
same lot.
d)
No accessory farm employee accommodation shall be
located in, or attached to, any other farm building or
structure.
4.5
ACCESSORY OUTDOOR STORAGE
Open air operations, storage and display of goods or materials are
prohibited in any required front yard or in any required side yard
abutting a public street or in any required buffer area abutting any
Residential Zone.
4.6
ADULT ENTERTAINMENT ESTABLISHMENTS
Adult entertainment establishments are subject to the following
provisions:
a)
Adult entertainment establishments are only permitted on an
interior lot;
b)
An adult entertainment establishment is not permitted on any
property located closer than 800 metres to the property line
of another parcel containing or zoned for a residential,
institutional, park or retail commercial use;
c)
An adult entertainment establishment must be located within
a free-standing, single storey building and must be the sole
use on a lot;
d)
A body rub parlour, adult specialty store or adult video store
is permitted in a multi-occupancy building to a maximum of
15% of the gross floor area of the building or 150 square
metres, whichever is less;
e)
Accessory uses are not permitted in conjunction with any
adult entertainment establishment and an adult
entertainment establishment shall not be considered an
accessory use; and,
f)
Adult entertainment establishments are only permitted on
lots connected to full municipal services.
4.7
BARRIER FREE ENTRANCES
Nothing in this By-law prevents the establishment of barrier-free
entrances in accordance with the requirements of the Ontario
Building Code. In addition, nothing prevents the location of barrier-
free entrances in a private garage that is attached to a dwelling unit
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provided the required number of parking spaces can still be
provided.
4.8
BED AND BREAKFAST ESTABLISHMENTS
a)
No person shall use any land or erect, alter or use any
building or structure for the purpose of a Bed and Breakfast
Establishment use within any Residential Zone unless
otherwise permitted by this By-law.
b)
A Bed and Breakfast Establishment shall only be permitted
in a single detached dwelling and shall not contain more
than three (3) guest rooms.
c)
No Bed and Breakfast Establishment shall be located closer
than 120 metres from another Bed and Breakfast
Establishment or Short Term Accommodation Use. For the
purposes of this section, 120 metres shall be measured from
the property line of a single detached dwelling and from the
main wall for a multiple unit building.
d)
A Bed and Breakfast Establishment shall have the owner
residing on the premises during the operation of the Bed and
Breakfast Establishment.
e)
On-site parking for a Bed and Breakfast Establishment shall
be provided in accordance with Section 5 to this By-law.
f)
A minimum two (2) metres of landscaping shall be provided
adjacent to parking areas where 4 or more cars are parked.
g)
A minimum of 50% of a rear yard shall be maintained as
landscaping.
h)
Bed and Breakfast Establishments shall be subject to site
plan control.
i)
Bed and Breakfast Establishments shall be subject to
licensing."
[ ZBA 2021-59 ]
4.9
BOATHOUSE, DOCKS AND SHORELINE
STRUCTURES
Boathouses, docks and other shoreline structures are subject to the
provisions below.
4.9.1
Boathouses
Boathouses are permitted on a lot having shoreline frontage onto
Georgian Bay and are subject to the following provisions:
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a)
Boathouses shall be setback a minimum of 2.0 metres from
the interior side lot line or the projection of the interior side
lot line where it meets the 177.9 metre G.S.C. elevation.
b)
The width of the boathouse, which is measured from the
exterior faces of the walls of the boathouse, shall not exceed
30% of the width of the lot as measured at the 177.9 metre
G.S.C. elevation.
c)
For the purposes of this provision, the width of the lot at the
177.9 metre G.S.C. elevation shall be measured by drawing
a line between the points where the two interior side lot lines
intersect with the 177.9 metre G.S.C. elevation. If the lot is a
corner lot, the width of the lot shall be measured by drawing
a line between the point where the interior side lot line
intersects with the 177.9 metre G.S.C. elevation and a point
where the exterior side lot line intersects with the 177.9
G.S.C. metre elevation.
d)
Boathouses shall not be used for human habitation and shall
not include kitchen or sanitary facilities.
e)
Boathouses shall not exceed a height of 4.5 metres above
the 177.9 metre G.S.C. elevation.
4.9.2
Docks
Docks are permitted on a lot having shoreline frontage onto
Nottawasaga Bay provided:
a)
They are set back a minimum of 2.0 metres from the interior
side lot line or the projection of the interior side lot line where
it meets the 177.9 metre G.S.C. elevation;
b)
The width of all docks shall not exceed 30 percent of the
width of the lot at the 177.9 metre G.S.C. elevation; and
c)
The maximum combined surface area of all docks, including
any attached fingers, and open decks above the water shall
be 112.0 square metres.
4.9.3
Shoreline Structures
The following additional provisions apply to other shoreline
structures:
a)
Boat lifts shall be located within or adjacent to the permitted
dock and/or boathouse;
b)
Gazebos, pergolas or other similar structures shall not be
permitted on a dock.
4.10
BRUCE STREET / MARSH STREET SMALL
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SCALE COMMERCIAL USES
Bruce Street/ Marsh Street Small Scale Commercial Uses are
permitted within the Bruce Street Marsh Street area as shown on
Schedule 'A' to this By-law and are subject to the following
provisions:
a)
Not more than three employees, in addition to the residents of
the dwelling unit shall be engaged in the use;
b)
The use is entirely restricted to the dwelling unit and shall not
be conducted in whole or in part in any accessory building or
structure or private garage;
c)
The maximum gross floor area dedicated to the use shall be
100% of the first storey of a dwelling up to a maximum of 100
square metres for retail uses and 150 square metres for all
other uses;
d)
The use shall retain the residential character of the area. No
changes to the external character of the dwelling or lot as a
private residence is permitted except for a legal sign in
accordance with the Town's Sign By- law;
e)
There shall be no outside storage of materials, goods or
vehicles;
f)
The use shall not create noise, vibration, fumes, odour, dust,
glare or radiation that is detectable outside of the dwelling
unit;
g)
A maximum of two vehicles are permitted to park in the front
yard or private garage. Parking Areas shall be located in a
side and rear yard only;
h)
A minimum 1.0 metre planting strip is required along a side lot
line or rear lot line in the rear yard;
i)
A Bruce Street/ Marsh Street Small Scale Commercial Use
shall be subject to Site Plan Approval.
[ ZBA 2019-41 ]
4.11
CARETAKER/SECURITY GUARD ACCESSORY
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DWELLINGS
Notwithstanding any other provisions of this By-law, where an
accessory dwelling is permitted for a caretaker or security guard in
the same building as a permitted use, the following shall apply:
a)
A maximum of one accessory dwelling is permitted per lot
and shall be located within a main building;
b)
A maximum of 1 bedroom is permitted in the additional
residential unit dwelling; and,
c)
Shall not exceed a gross floor area of 75.0 square metres.
4.12
DECKS
An uncovered or unenclosed deck may project into any required
yard a maximum distance of 1.5 metres. In no case shall a
permitted projection be located closer than .5 metres from any lot
line.
4.13
ENCROACHMENTS INTO REQUIRED YARDS
(EXCLUDING DECKS)
Every part of any required yard by this By-law shall be open and
unobstructed by a structure from the ground to the sky, provided
that these structures are listed in Table 4.1 shall be permitted to
project into the required yards indicated for the distances specified.
Table 4.1: Permitted Encroachments.
Structure
Required Yard in
which Projection is
Permitted
Maximum Projection
Sills, cornices, chimneys,
eaves, gutters, pilasters,
parapets, or any other
ornamental structure
Any yard.
1 metre
Exterior stair-cases
Side or rear yard.
1.5 metres
Balconies, unenclosed
porches, covered or
uncovered steps and
patios
Any yard.
1.5 metres
Air conditioners,
generators, and heat
pumps
Interior side and rear
yard.
Must be set back a
minimum of 0.6 metres
from the interior and
rear lot lines.
Air conditioners,
generators, and heat
pumps
Exterior side yard.
Must be set back a
minimum of 1.5 metres
from the exterior side
lot line.
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Structure
Required Yard in
which Projection is
Permitted
Maximum Projection
Air conditioners,
generators, and heat
pumps (continued)
Front yard.
Not permitted in front
yard.
Retaining walls having a
height less than 1.0
metre
[ ZBA 2019-41 ]
Any yard
Must be setback a
minimum of 0.3
metres from a lot line.
4.14
EXCEPTIONS TO HEIGHT REQUIREMENTS
The height requirements of this By-law shall not apply to:
a)
Place of worship belfries and spires;
b)
Clock towers and flagpole;
c)
Communication towers and antennas;
d)
Water storage tanks;
e)
Silos, cooling towers, chimneys and other stacks in an
Employment Zone;
f)
Monuments;
g)
Any ornamental roof construction features including but not
limited to domes, towers, cupolas, and steeples that are not
used and/or designed for human habitation;
h)
All heating, ventilation and air conditioning equipment (hvac)
that is not enclosed in a mechanical penthouse;
i)
Aggregate processing facilities;
j)
Solar panels;
k)
Buildings and structures associated with a public works yard;
l)
Agricultural buildings and structures, including silos and
grain elevators;
m)
Any mechanical features, such as structures containing a
mechanical penthouse or the equipment necessary to
control an elevator.
4.15
FRONTAGE ON A PUBLIC STREET
Unless otherwise specified by this By-law, no person can erect any
building or structure, and no person can use any building or
structure or lot, unless:
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a)
The lot abuts or fronts on a public street which is assumed
by by-law by a public authority for maintenance purposes; or,
b)
The building or structure is being constructed pursuant to a
Subdivision Agreement with a public authority; or,
c)
The lot fronts on a private street within a Plan of
Condominium that either provides direct access to a public
street or which connects with other private streets within a
Plan of Condominium or other Plans of Condominium to
access a public street.
4.16
HOME BUSINESSES
Home businesses are subject to the following provisions:
a)
Not more than one employee, in addition to the residents of
the dwelling unit, shall be engaged in the home business
and working in the dwelling unit.
b)
The operator of the business shall occupy the dwelling unit
containing a home business as a residence.
c)
The use is entirely restricted to the dwelling unit and shall
not be conducted in whole or in part in any accessory
building or structure or private garage.
d)
The maximum gross floor area dedicated to the home
business shall be 25% of the gross floor area of the dwelling
unit or 50 square metres whichever is the lesser in the R1,
R2 and R3 Zones and no more than 100 square metres in
any other zone.
e)
The use shall be clearly secondary to the use of the dwelling
as a dwelling unit and there is no change in the external
character of the dwelling or lot as a private residence, except
for a legal sign in accordance with Town's Sign By-law.
f)
There shall be no goods, wares or merchandise offered or
exposed for sale, or sold or kept for sale on the premises
other than those produced on the premises.
g)
There shall be no outside storage of materials, goods or
vehicles in conjunction with the home business.
h)
A home business shall not create noise, vibration, fumes,
odour, dust, glare or radiation that is detectable outside of
the dwelling unit.
i)
The following uses shall not be permitted as a home
business:
i.
Adult entertainment establishment;
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ii.
Animal clinics;
iii.
Kennels;
iv.
Dating/escort services;
v.
Contractors yards;
vi.
Taxi service depot/dispatch establishments and
limousine businesses;
vii.
Any use involving the storage, repair, maintenance
and/or towing of motor vehicles or recreational trailers
or vehicles; and,
viii.
Any use requiring ventilation, other than ventilation
typically found in any residence.
4.17
KENNELS
Kennels are subject to the following provisions:
a)
The maximum floor area of a kennel shall not exceed 93
square metres including outdoor exercise areas and pens;
b)
The minimum setback of kennel and any related facilities
from a lot line is 100 metres; and,
c)
Where dogs are permitted to use an outside area, a fence is
required that has a height of at least 1.2 metres and the wall
of an adjacent building may be included as part of such
fenced area.
4.18
LOCK-OFF UNITS
Where permitted, lock-off units shall:
a)
Have a minimum suite size of 25 square metres;
b)
Have a maximum suite size of 50 square metres;
c)
Be restricted to one lock-off per village commercial resort
unit; and,
d)
Be restricted to a maximum of 20% of the total number of
village commercial resort units within a village commercial
resort unit complex.
4.19
MINIMUM DISTANCE SEPARATION
No residential, institutional, commercial, industrial or recreational
use, located on a separate lot and otherwise permitted by this By-
law shall be erected or enlarged unless it complies with the
Minimum Distance Separation (MDS I) formula calculated using the
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Province's Minimum Distance Separation (MDS) Formulae as
amended from time to time.
Notwithstanding any other yard or setback provision in this By-law,
no livestock facility shall be erected or enlarged unless it complies
with the Minimum Distance Separation Formula (MDS II) calculated
using the Province's Minimum Distance Separation (MDS) as
amended from time to time.
4.20
MODEL HOMES AND TEMPORARY SALES
OFFICE
Model homes and/or a temporary sales office shall only be
permitted on lands that have received Draft Plan of Subdivision or
Condominium approval for residential purposes provided that:
a)
Not more than 10% of the total number of residential units
contained in the Draft Approved Plan are constructed as
model homes to a maximum of 3 model homes;
b)
The model home is built within a lot defined by the Draft
Approved Plan, and;
c)
The model home complies with all other requirements of this
Zoning By-law for the applicable type of dwelling unit;
d)
The temporary sales office is limited to a maximum period of
three years and that the temporary sales office is not used
for human habitation;
e)
The temporary sales office is built within a lot defined by the
Draft Approved Plan or an approved Site Plan Control
Agreement under the Planning Act;
f)
A temporary sales office shall be constructed on a lot in
accordance with following required minimum yards:
Front Yard -
6.0 metres
Exterior Side Yard -
6.0 metres
Interior Side Yard -
1.2 metres
Rear Yard -
7.5 metres
g)
The maximum height of a temporary sales office shall be 6.5
metres;
h)
The maximum ground floor area of a temporary sales office
shall be 200 square metres;
i)
Notwithstanding the above requirements, a temporary sales
office may be located within a Model Home.
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[ ZBA 2019-41 ]
4.21
MULTIPLE USES AND ZONES ON ONE LOT
a)
Where any building, structure or lot is used for more than
one purpose as provided by this By-law, the said building,
structure or lot must comply with the provisions of this By-
law relating to each use.
b)
Where a lot is divided into more than one zone, each portion
of the lot must be used for a purpose that is permitted within
each applicable zone. Accessory buildings or structures
must be located in the same zone as the main building. In
no case shall the zone boundary function as a lot line for the
purposes of determining required setbacks and minimum
yards. Notwithstanding the above, the maximum permitted
lot coverage shall apply only to the portion of the lot that is
within each respective zone, as required.
4.22
NON-COMPLYING BUILDINGS AND
STRUCTURES
A non-complying building or structure that does not comply with this
By-law, but which was legally erected/altered in accordance with a
by-law that was in effect in accordance with Section 34 of the
Planning Act R.S.O. c. P. 13 as amended at the time of construction
and/or alteration may be replaced, repaired or renovated provided
that the replacement, repair or renovation does not increase the
height, size or volume, or change the use of such building or
structure. A non-complying building or structure may be enlarged
provided the enlargement will comply with all of the other provisions
of this By-law. [ ZBA 2019-41 ]
4.23
NON-COMPLYING LOTS
A lot in existence prior to the effective date of this By-law that does
not meet the lot area and/or lot frontage requirements of the
applicable zone, is permitted to be used and buildings and
structures thereon be erected, enlarged, repaired or renovated
provided the use conforms with the By-law and the buildings or
structures comply with all of the other provisions of this By-law.
4.24
NON-CONFORMING USES
No lands shall be used and no building or structure shall be used
except in conformity with the provisions of this By-law unless such
use existed before the date of passing this By-law and provided
that it has continued and continues to be used for such purpose,
and that such use, when established, was not contrary to any By-
law in force at that time.
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4.25
ON-FARM DIVERSIFIED USES AND OTHER
RURAL USES
A Winery, Agricultural Tourism use or Home Industry may occur
individually, together, and/or with a Farm Produce Outlet on a lot
where each is otherwise permitted.
Where a Farm Winery, Agricultural Tourism use or Home Industry is
located together on a lot with a Farm Produce Outlet, the gross floor
area and storage areas of all such uses on the lot shall contribute to
the calculation of maximum permitted floor and storage areas for
the Farm Produce Outlet in Section 4.26.3.
4.25.1
Agri-Tourism Uses
Temporary or seasonal Agri-Tourism uses are permitted accessory
to an agricultural use on lots of at least 10 hectares in size, subject
to the following provisions:
a) Retail sales are permitted in conjunction with a Home Industry,
Seasonal Agricultural Stand, Farm Produce Outlet, or Farm
Winery, as otherwise permitted by this By-law;
b) The use shall not include a restaurant or banquet hall nor any
accommodation component (e.g. tourist establishment,
campground, trailer park, etc.);
c) Where a petting zoo, children's playground or outdoor activity is
provided as part of an Agricultural Tourism use, it shall be
setback a minimum of 30.0m from any lot line and may include
equipment typical of a school playground such as swings, slides,
and climbers and may not include motorized vehicles and/or
rides;
d) Associated buildings or structures (e.g. picnic shelters,
washrooms, dedicated areas within on-farm buildings) shall not
exceed a combined gross floor area of 75 square metres.
4.25.2
Farm Wineries
Farm Wineries are subject to the following provisions:
a) A minimum of 2.0 hectares must be planted with vines, apple or
other fruit trees; and
b) The retail sale of wine produced on-site shall be permitted,
provided any on-site tasting room and retail floor space does
not exceed the lesser of 100 square metres or 25% of the total
winery floor area (excluding any below ground floor area). The
on-site retail floor space for non-agricultural and/or non-Grey
County agricultural products shall not exceed 5% of the total
floor area.
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4.25.3
Estate Wineries
Estate wineries are subject to the following provisions:
a)
A minimum 8 hectares (20 acres) must be planted with
vines, apples trees or other fruit trees;
b)
The retail sale of wine and wine related products, and a
hospitality room where food and wine is prepared and
served, will be permitted when such uses are accessory to
complement the estate winery; and,
c)
The maximum total floor area for retail and hospitality uses
shall be 400 square metres so as not to detract from the
main use of the land and not adversely affect other uses
permitted in the area.
4.25.4
Farm Produce Outlet
Where a Farm Produce Outlet is identified as a permitted use in a
zone, the use is permitted subject to the following:
a) On a lot 10.0 hectares or greater in the Special Agricultural or
Rural zones, or on a lot 20 hectares or greater in the
Agricultural zone, the maximum gross floor area of the farm
produce outlet shall be 250 square metres; and
b) Outdoor storage is permitted up to a maximum of 750 square
metres.
4.25.5
Home Industries
Home Industries are subject to the following provisions:
a) Maximum size of a home industry:
i)
On a lot 20 hectares or greater, the maximum gross floor
area dedicated to the home industry shall be 250 square
metres;
ii)
On a lot at least 4 hectares, but less than 20 hectares, the
maximum gross floor area dedicated to the home industry
shall be 25% of the gross floor area of the dwelling unit, or
where in an accessory structure, a maximum of 55 square
metres.
b) The use shall be clearly secondary and accessory to the
principal use on the same lot;
c) Only the sale of goods that are primarily manufactured,
processed, fabricated, or produced on the premises shall be
permitted;
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d) Outdoor storage of goods or materials, and outdoor display and
sales areas, related to a home industry shall be permitted in the
rear yard and interior side yards only;
e) Only currently licensed motor vehicles, associated with the
home industry, shall be parked or stored on the lot and within
an interior side or rear yard;
f)
No external advertising other than a sign erected in accordance
with The Town of The Blue Mountains Sign By-law is permitted
in conjunction with the home industry;
g) The following uses shall not be permitted as a home industry:
i)
Adult entertainment establishment;
ii)
Dating/escort services;
iii)
Taxi service depot/dispatch establishments and limousine
businesses; and
iv)
Any use involving the storage, repair, maintenance and/or
towing of motor vehicles or recreational trailer or vehicles.
4.26
PHASED CONDOMINIUMS
Unless provided elsewhere, where a plan of condominium is
proposed to be developed as a phased condominium as defined
and set out in the Condominium Act, S.O. 1998, Chapter 19 the
lands shall be considered as one singular property for the purpose
of determining conformity with the provisions of the Zoning By-law
and temporary lot lines created as a result of the phasing shall not
be considered.
4.27
PLANTING STRIP REQUIREMENTS
4.27.1
Planting Strip - Location
a)
A 3.0 metre-wide planting strip adjacent to the full length of
the lot line shall be required:
i.
Where a lot in an Institutional (I), Recreation (REC) or
any Commercial Zone [except in the Village
Commercial C1 Zone] abuts an interior side or rear lot
line of a lot in any Residential Zone;
ii.
Where a lot zoned Residential Three (R3) abuts a lot
zoned Residential One (R1) or Residential Two (R2);
b)
Where a lot in any Employment or Industrial Zone abuts an
interior side or rear lot of a lot in any Residential Zone, a 5.0
metre-wide planting strip shall be required adjacent to the full
length of the lot line;
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c)
Where parking areas are connected to parking areas on
adjacent lots, a planting strip is not required; and,
d)
Where there is an opaque wall or opaque fence having a
height of 1.5 metres or more, the width of the planting strip
may be reduced to 1.8 metre in width.
4.27.2
Planting Strip - Contents
Required planting strips shall contain one or more of the following
screening devices:
a)
A continuous row of trees;
b)
A continuous hedgerow of evergreens, bushes or shrubs;
c)
A berm;
d)
A wall; or,
e)
A fence.
4.27.3
Planting Strip - Design
Screening devices comprising a required planting strip shall:
a)
Be arranged so as to form a dense or opaque screen or
barrier;
b)
Be designed to have an ultimate height of not less than 1.5
metre above the elevation of the ground at the nearest lot
line, provided that they do not obstruct a sight triangle; and,
c)
Be uninterrupted except where traversed by pedestrian
walkways or permitted driveways, in which case no such
screening devices shall be required within 1.0 metre thereof.
4.28
PROHIBITED USES
The following uses are not part of any use permitted by this By-law:
i.
The use of any tent, trailer or motor vehicle for human
habitation, except where such tent, trailer or motor vehicle is
located in a campground, in a trailer park or in a mobile home
park;
ii.
The use of any accessory building or structure for human
habitation or for gain or profit, unless such uses are
specifically permitted by this By-law;
iii.
The storage or use of shipping containers on a lot unless
outdoor storage is specifically permitted on the lot by this By-
law or if the shipping container is permitted on a temporary
basis on a lot in a Residential Zone in accordance with
Section 4.30 of this By-law;
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iv.
The permanent placement of shipping containers on a lot in a
Residential Zone;
v.
The use of a truck, bus, coach body or rail car for human
habitation or for storage purposes;
vi.
The storage of disused or partially dismantled motor vehicles,
rail cars, streetcars, buses, truck bodies or trailers, unless
otherwise permitted by this By-law;
vii.
The parking or storage of trailers or commercial motor
vehicles on a vacant lot; and,
viii.
The manufacturing, refining, rendering or distillation of acid,
ammonia, chlorine, coal, creosote, explosives, fireworks,
glue, petroleum or tar.
4.29
PUBLIC USES
a)
Nothing in this By-law prevents the use of any land, building
or structure as a public street or for infrastructure.
b)
Public uses are permitted in all Zones.
c)
Where a public use is permitted in any zone, the following
provisions apply:
i.
Such public use must comply with all applicable zone
standards, and parking and loading requirements of
the zone in which it is located;
ii.
No outdoor storage or outdoor storage use is
permitted unless specifically permitted in the zone in
which the public use is located; and,
iii.
Any accessory use to a public use must be clearly
incidental and accessory to the main use.
4.30
REDUCED FRONT YARD REQUIREMENTS
4.30.1
All Zones
Notwithstanding any other provision in this By-law, where a vacant
lot exists or is created between two developed lots or where an
addition to an existing building is proposed, and where the buildings
on the abutting lots on either side are located closer to the front lot
line than is required by this By-law, such permitted building or
structure may be erected closer to the front lot line than required by
this By-law, provided such building or structure is not closer to the
front lot line than the established building line on the date of
passing of this by-law.
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4.31
SHIPPING CONTAINERS
Notwithstanding any other provision in this By-law, the temporary
placement of one shipping container is permitted per lot in a
Residential Zone provided the shipping container:
a)
Is located on the driveway;
b)
Is set back a minimum of 1.0 metre from any lot line;
c)
Has a maximum height of 2.5 metres, a maximum width of
2.5 metres and a maximum length of 6.0 metres; and,
d)
Is not located on the lot for more than 30 days in a calendar
year.
4.32
SHORT TERM ACCOMMODATION USES
a)
No person shall use any land or erect, alter or use any
building or structure for the purpose of a short term
accommodation use within any Residential Zone unless
otherwise permitted by this By-law.
b)
No person shall use any land or erect, alter or use any
building or structure that secures nine (9) or more occupants
for the purpose of short term accommodation.
c)
No short term accommodation use shall be located closer
than 120 metres from another short term accommodation
use or bed and breakfast establishment. For the purposes
of this section, 120 metres shall be measured from the
property line for a single detached building and from the
main wall for a multiple unit building.
d)
Short term accommodation uses shall be subject to site plan
control.
e)
Where a short term accommodation use abuts a Residential
R1, R2 or R3 zone, Planting Strips shall be provided in
accordance with Section 4.27.2 and 4.27.3 of this By-law,
and in accordance with the following:
i. A minimum 3.0 metre wide planting strip adjacent to
the full length of the rear lot line shall be provided.
ii. A minimum 3.0 metre wide planting strip adjacent to
the full length of the exterior side lot line shall be
provided, save and except within a sight triangle.
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iii. A minimum 1.0 metre wide planting strip adjacent to
the full length of the interior side lot line shall be
provided.
f)
One (1) enclosed waste/recycling depot consisting of a
garbage box or solid waste enclosure shall be required.
g)
A short term accommodation use shall have connection to
municipal water and sewage services.
h)
The number of parking spaces shall be provided in
accordance with Table 5.3 - Non-Residential Parking
Requirements. Required parking spaces for a short term
accommodation use shall be provided in accordance with
the Section 5.1 - General Parking Provisions and Section 5.3
Residential Zones - Parking and Access. In addition, the
following parking provisions shall apply:
i.
Tandem Parking shall be permitted for parking
spaces permitted on a private driveway for single
detached buildings and multiple unit buildings.
ii.
Any surface Parking Area located in the rear yard
shall be setback the same distance from the rear lot
line as required for the main building.
[ ZBA 2021-59 ]
4.33
SIGHT TRIANGLES
Notwithstanding any other provision of this By-law, no building or
structure, fence, wall, vegetative planting or landscaping that has a
height of greater than 1.0 metre shall be permitted in a sight
triangle on a corner lot that is measured according to the provisions
set out in Table 4.2 below.
Table 4.2 - Sight Triangles
Subject lot has frontage onto a:
Local street
Collector
street
County Road or
Provincial Highway
Other street:
Local street
6.0 metres
7.0 metres
12.0 metres
Collector street
7.0 metres
7.0 metres
12.0 metres
County Road
or Provincial
Highway
12.0 metres
12.0 metres
12.0 metres
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4.34
SPECIAL SETBACKS
Notwithstanding any other provision in this By-law, the special
setbacks as set out below shall apply.
4.34.1
Setback from Certain Roads
No building or structure shall be located any closer to any County
Road than as set out in By-law 2669 of the County of Grey, or its
successor. In addition, no building or structure shall be located any
closer than 14.0 metres to edge of the right-of-way of a Provincial
Highway.
4.34.2
Special Setbacks from Georgian Bay
a) Notwithstanding any other provision in this By-law, buildings
and structures shall not be located:
i)
Within 15.0 metres of the 177.9 metre G.S.C.
elevation adjacent to Georgian Bay; and
ii)
Any closer to the 177.9 metre G.S.C. elevation than
the minimum required rear yard setback or the
average distance between main buildings from the
177.9 metre G.S.C. elevation on immediately abutting
lots.
b) This provisions applies to:
i) The habitable area of any main building or accessory
building;
ii) A building or structure with a non-habitable floor area,
including a swimming pool, deck, gazebo, pergola, or
garage; and
iii) A private sewage system.
c) This provision does not apply to a boathouse, dock, boat lift,
boat launching ramp, marine railway, or waterline and heat
pump loop.
d) This provision shall not prevent:
i) The expansion of a main building, accessory building
or structure that lawfully existed as of the date of
passing of this by-law;
ii) The erection of a second storey over any building or
structure that lawfully existed in any location on a lot
as of the date of passing of this by-law;
iii) The replacement of a building or structure that lawfully
existing as of the date of passing of this by-law.
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4.35
SWIMMING POOLS
A swimming pool shall be permitted as an accessory use to any
permitted residential use and the following provisions apply:
a)
A swimming pool may be located in the side yard of any lot
if:
i.
No part of such swimming pool or associated deck
and/or fence is located closer to any lot line or street
line than the minimum distance required for the
principal building located on such lot;
ii.
The maximum height of such pool or associated deck
and/or fence is 1.2 metres above the average finished
grade level of the ground adjoining and within 4.5
metres of such swimming pool; and,
iii.
Any building or structure, other than a dwelling
required for changing clothing or for pumping or
filtering facilities or other similar accessory uses,
complies with the provisions of this By-law respecting
accessory buildings on such lot.
b)
A swimming pool may be located in the rear yard of any lot if
no part of such swimming pool or associated deck and/or
fence is located closer to any lot line or street line than the
minimum distance required for any accessory building
located on such lot.
c)
A swimming pool shall not be considered as part of a lot
coverage provided no part of the swimming pool or its railing
protrudes more than 1.2 metres above the ground level
surrounding the swimming pool.
4.36
USES OF LOTS WITHOUT BUILDINGS
Unless expressly permitted by this By-law, no permitted use in any
Residential, Commercial or Employment Zone is permitted unless a
main building is erected on the same lot.
4.37
TEMPORARY CONSTRUCTION
Nothing in this By-law shall prevent uses incidental to construction,
such as a construction camp or other such temporary work camp,
tool shed, scaffold or other building or structure incidental to the
construction, only for so long as the same are necessary for work in
progress that has neither been finished nor abandoned.
[ ZBA 2019-41 ]
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PART 5.0
PARKING AND LOADING STANDARDS
5.1
GENERAL PARKING PROVISIONS
5.1.1
Restriction on Use of Land, Buildings and
Structures
No person shall use any land, building or structure in any Zone for
any purpose permitted by this By-law, unless the minimum number
of parking spaces required are provided in accordance with the
provisions of this Part of the By-law.
5.1.2
Off-Street Parking
Off-Street parking and loading areas and spaces shall be provided
in accordance with the standards of this By-law for all new
development, enlargement of existing buildings and uses, or any
change of use.
5.1.3
Location of Parking
Required parking spaces shall be located on the same lot as the
use that requires the parking and shall be used exclusively for that
purpose.
5.1.4
Existing Parking
The following provisions apply where an existing use, building or
structure has insufficient parking on the date of passing of this By-
law:
a)
Any enlargements to the use, building or structure shall
require parking based on the expansion or enlargement only.
In the case of a change in use the number of new parking
spaces required will be determined by calculating difference
between the existing parking and what is required by the
new use.
b)
Existing uses, buildings and structures which have
insufficient parking on the date of passing of this By-law are
permitted to continue, but shall maintain their existing
parking and loading areas.
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5.1.5
Size of Parking Spaces
General Parking spaces shall be a minimum of 2.75 metres wide
and 5.5 metres long. These dimensions do not apply to Accessible
Parking Spaces, which are set out in Section 5.7.
5.1.6
Width of Parking Aisles
The width of parking aisles within a parking area or parking garage,
must be in accordance with the following:
a)
For two-way aisles, the minimum aisle width must be 6.0
metres;
b)
For one-way aisles or aisles, the minimum aisle width must
be 3.0 metres;
c)
Where the aisle width in a parking area or parking garage is
less than 6.0 metres, the aisle must be one-way;
d)
In the case of angle parking, the minimum with of an aisle is
6.0 metres, except as set out below in Table 5.1 for angled
off-street parking accessed by a one-way aisle; and,
e)
Notwithstanding the above, parking areas and parking
garages that legally existed on the effective date of this By-
law are exempt from the minimum aisle width requirements
set out in sub-sections a) b) and c).
Table 5.1 - Angled Off-Street Parking Requirements Where
Access is Via a One-Way Aisle.
Angle of Parking (Degrees)
Minimum Required Aisle Width (Metres)
0-44
3.6
45-59
5.2
60-90
5.8
5.1.7
Width of Access Ramps and Driveways
Except for a single detached, semi-detached or townhouse
dwelling, 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.
5.1.8
Surface Treatment
Parking spaces, parking areas and driveways to any parking area
or parking lot must be surface treated with asphalt, concrete,
concrete pavers or similar material. Pervious parking materials
(such as permeable pavers, porous asphalt, plastic grids, etc. and
not including an aggregate, gravel or other similar surface type)
shall also be permitted. The above provisions do not apply to:
a)
Any zone which permits a single detached dwelling;
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b)
Any property in the A, RU, SA, M2, M3, REC1, REC2 REC3,
PU, and H zones;
c)
Where a use is proposed for conversion from residential to a
primarily non-residential use; the parking lot is located a
minimum of 11.0 metres from any street line; and the surface
of the driveway giving access to the parking area of parking
lot is treated with asphalt, concrete, concrete pavers or
similar material; and,
d)
Parking areas and parking spaces servicing seasonal
commercial recreational facilities such as golf courses or ski
resorts. These facilities may utilize a permeable aggregate
surface. Access to the parking area or parking lot is surface
treated with asphalt, concrete, concrete pavers or similar
material.
5.1.9
Calculation of Parking Requirements
Where the minimum number of parking spaces is calculated on the
basis of a rate or ratio, the required number of parking spaces shall
be rounded to the next higher whole number.
5.1.10
More Than One Use on a Lot
The parking requirements for more than one use on a single lot or
for a building containing more than one use, shall be the sum total
of the parking requirements for each of the component uses, unless
otherwise noted.
5.1.11
Parking Garages
Parking garages shall comply with the provisions for the main
building in accordance with this By-law. No setbacks or yards shall
be required for any portion of a parking garage if it is constructed
completely below the established grade. This exemption shall also
apply to ventilation shafts and housings, stairways and other similar
facilities associated with below grade parking garages that extend
from below established grade.
5.1.12
Cash in Lieu of Parking
Notwithstanding the parking requirements of this By-law, Council
may enter into an Agreement, under Section 40 of the Planning Act,
to exempt a property from parking through a payment of cash in
lieu of parking. Such an Agreement shall supersede the
requirements of this By-law.
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5.2
SPECIAL AREA EXEMPTIONS
5.2.1
The Village at Blue Mountain
Parking regulations of By-law 2000-50 continue to apply to the
lands known as The Village at Blue Mountain, more particularly
described as Lots 6, 10, 14 and 15 on Registered Plan 1065.
5.2.2
Downtown Area
Within the Thornbury Parking and Loading Area and the Clarksburg
Parking and Loading Area, no additional parking or loading spaces
are required for any change of non-residential use of an existing
building provided the existing parking and loading spaces are
maintained.
5.2.3
Recreation Zones
Within the REC1, REC2 and REC3 zones required parking spaces
may be located on a separate lot.
5.3
RESIDENTIAL ZONES - PARKING AND ACCESS
5.3.1
Location of Parking and Driveways
The following provisions apply to the location of parking and
driveways in the Residential zones:
a)
On a residential lot parking is only permitted within a private
garage, carport, or on a driveway. For multiple dwelling lots,
parking is also permitted on a surface parking area.
b)
On a lot with a single detached or semi-detached dwelling, a
driveway used for parking is permitted within a required yard.
c)
Driveways and surface parking areas must be setback a
minimum of 1 metre from a side lot line. For residential lots
with semi-detached, rowhouse or multiple dwellings
driveways and surface parking areas shall be setback a
minimum of 0.0 metres
d)
Parking areas shall be setback a minimum of 1.2 metres
from any building or structure.
e)
Vehicles shall not be parked parallel to the street on any
driveway unless such parking space is a minimum of 7.5
metres from the front lot line.
[ ZBA 2019-41 ]
5.3.2
Size of Driveways
a) The maximum driveway width shall be equal to the greater of:
i) The garage door(s) width plus 1.5 metres; or
ii) 6.1 metres.
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b) A minimum of 50% of the front or exterior side yard in which the
driveway is located is landscaping
5.3.3
Number of Driveways
On lots with a frontage of less than 45.0 metres, only one driveway
entrance from a public street onto the lot is permitted. On lots with
a continuous frontage of 45.0 metres or greater, a second driveway
may be permitted, provided:
a)
The front lot line has unbroken road frontage of more than
45.0 metres; or
b)
The exterior side lot line has unbroken road frontage of more
than 60.0 metres; and,
c)
In all cases, the minimum distance between two separate
driveways on one lot, measured along the street line, shall
be 15 metres.
5.3.4
Parking of Recreational Trailers, Vehicles or
Boats
The outdoor parking or storage of any recreational trailer, vehicle or
boat is permitted in any residential zone, but shall be subject to the
following provisions:
a)
A recreational trailer, vehicle or boat may be parked or
stored on a lot provided they are parked or stored on a
driveway, and they are a minimum of 3.0 metres from any lot
line adjacent to a public street or a 0.3 metre reserve
adjacent to a public street.
b)
A recreational trailer, vehicle or boat, or combination thereof,
having a height of 1.8 metres or more shall not be closer
than 2 metres from any side or rear lot line.
c)
A recreational trailer, vehicle or boat, shall not be parked or
stored within the sight triangle formed by the outer edge of
the street pavement or curb lines for a distance of 15.24
metres from their point of intersection.
d)
No storage of any recreational vehicle shall be permitted
unless a main building has been constructed.
e)
A maximum of two recreational vehicles are permitted to be
stored on a lot.
5.3.5
Parking of Commercial Motor Vehicles in
Residential Zones
Within any Residential zone, the owner or occupant of a dwelling
unit may use a parking space for the purposes of parking or storage
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of one commercial motor vehicle, provided such motor vehicle does
not exceed a capacity of 4,500 kg, and is parked or stored on a
driveway.
5.3.6
Required Parking Spaces for Residential Uses
The number of parking spaces required for residential uses shall be
calculated in accordance with the standards set out in Table 5.2
below.
Table 5.2 - Residential Parking Requirements
Use
Number of Minimum Parking Spaces (per unit,
unless otherwise specified)
Single detached, semi-
detached, rowhouse
and townhouse
dwelling unit
2 parking spaces
Apartment building
dwelling unit or
Multiple dwelling unit
-
1 parking space per studio/bachelor unit;
-
1.25 parking spaces per 1-bedroom unit;
-
1.75 parking spaces per 2-bedroom unit;
-
2.25 parking spaces per 3-bedroom unit or
larger; and,
-
Plus 0.25 parking spaces per dwelling unit
for visitor parking.
Accessory dwelling unit
1 parking space
Home Business and
Home Industry
1 parking space for each employee who does not
reside on the lot, in addition to parking required for
the residential use.
Bed and breakfast
Establishment
1 space per guest room in addition to the
requirement for the residential use
Group Home
As required per the unit type plus 0.25 parking
spaces per dwelling unit for visitors
Retirement home
0.5 parking spaces/bed
Commercial Resort
Unit
2 parking spaces per dwelling unit plus 0.25
parking spaces per dwelling unit for visitors
5.4
NON-RESIDENTIAL PARKING REQUIREMENTS
5.4.1
Parking Area Location on a Lot in Relation to
Buildings and Structures
Notwithstanding any other provisions of this By-law, parking areas
shall be setback a minimum of 1.2 metres from any building or
structure.
5.4.2
Parking Illumination
Parking lighting fixtures shall be provided in accordance with the
following provisions:
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i)
No part of the lighting fixture shall be more than 7.5 metres
above grade; and shall be installed in such a manner that all
light emitted by the fixture, either or indirectly, is projected
below the lamp and onto the lot the lighting is intended to
serve.
5.4.3
Minimum Parking Spaces Required
The number of parking spaces required for non-residential uses
shall be calculated in accordance with the standards set out in
Table 5.3 below.
Table 5.3 - Non-Residential Parking Requirements
Use
Minimum Parking Space
Requirement
(net floor area unless
otherwise noted)
Art Gallery
1/40 m2
Auction Sales Establishment, Banquet Hall
1/5.8 m2
Business Office
1/30 m2
Campground, Trailer Park
1 travel/tent trailer site
Child Care Centre
1.5/ classroom plus 1/30 m2
Commercial Fitness Centre
1/15 m2
Commercial Resort Unit
[ ZBA 2021-59 ]
1.75 parking spaces per unit
having four (4) guest rooms
used for sleeping or less plus
1.0 parking space for each
additional guest room used for
sleeping.
Commercial School
1/20 m2
Commercial Self Storage
Facility
1/5 m2 of office use plus 1/100
m2, of the building, except
where the driveway access to
the storage unit has a minimum
width of 7 metres, in which case
no additional parking shall be
required
Community Centre
1/10 m2
Equestrian Centre
1/6 persons of capacity
Farm Produce Outlet
1/45 m2
Financial institution
1/18 m2
Funeral Home
Minimum 10 spaces plus 1/13
m2
Golf Course
8/hole
Golf Driving Range, Miniature Golf Course
1.5/tee
Hospital
1/21 m2
Hotel, Motel
1.3/room
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Use
Minimum Parking Space
Requirement
(net floor area unless
otherwise noted)
Industrial Use
1/30 m2 for the first 1,000 m2
1/100 m2 for the floor area
between 1,000 and 5,000 m2
plus 1/200 m2 in excess of
5,000 m2
Institutional Use
Unless otherwise defined, 1/20
m2
Long Term Care Facility
0.5/bed
Medical Office, Physician or other drugless
Health Practitioner
3 spaces per practitioner
Motor vehicle Service Station
Motor Vehicle Sales, Leasing and/or Rental
Establishment, Motor vehicle body shops,
Motor vehicle Repair Establishment
1/20 m2 of Office and Public
Space
Museum
1/40 m2
Place of Amusement, Place of Entertainment
or Theatre
1/9 m2 or one space per 4 seat
capacity, whichever is greater
Place of Worship
1/9 m2 or one space per 4
persons of worship area
capacity, whichever is the
greater
Private or Public School
4/classroom
Restaurants, Private Club
1/5.8 m2
Retail Store, Personal
Service Shop, Repair Shop,
Equipment Sales and Rental
Establishment, Farm
Implement Dealer,
Greenhouse Commercial
1/20 m2 unless otherwise
described
Short Term Accommodation Building
containing more than one unit
[ ZBA 2021-59 ]
Where the Parking Spaces are
located in a parking area: 1.75
parking spaces per unit having
four (4) guest rooms used for
speeling or less plus 1.0
parking spaces for each
additional guest room used for
sleeping
Or
Where the Parking Spaces are
located in a private driveway,
car port, or garage:0.5 parking
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Use
Minimum Parking Space
Requirement
(net floor area unless
otherwise noted)
spaces per occupant or 1.0
parking spaces per guest room
used for sleeping, whichever is
greater.
Short Term Accommodation Building
containing one unit
[ ZBA 2021-59 ]
0.5 parking spaces per
occupant or 1.0 parking spaces
per guest room used for
sleeping, whichever is greater.
Ski Facility, Snowboard
Facility, Outdoor Recreation
1 per 4 persons of capacity
Trade and Convention Centre
1/20 m2 plus the parking
requirement for accessory
restaurants and banquet halls
Transport Terminal
1/90 m2
Veterinary Clinic
1/16.9 m2
Warehouse
If associated office or retail net
floor areas are 15% or less of
the total net floor area up to
7,000 m2 - 1/90 m2.
7,000 to 20,000 m2 - 78 parking
spaces plus 1/145 m2 of net
floor area or portion thereof
over 7,000 m2.
Over 20,000 m2 - 168 spaces
plus 1/170 m2 of net floor area
or portion thereof over 20,000
m2.
If associated office or retail net
floor area is more than 15% of
the total net floor area, the
standards for office and retail
uses apply.
Other uses not listed above
1/30 m2
5.5
SHARED PARKING PROVISIONS
5.5.1
More Than One Use on a Lot
Where more than one of the uses listed in Table 5.4 are located on
the same lot, parking spaces may be shared between the uses, and
the cumulative total of parking spaces required for all the uses on
the lot may be reduced using Table 5.4.
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5.5.2
Shared Parking Calculations
The number of parking spaces required for the lot under this
section is calculated as follows:
a)
Multiply the number of parking spaces required for the land
use in Section 5.5.3 by the percentages shown in Table 5.4
for that use in each of the eight time periods;
b)
Repeat a) for each of the uses on the lot;
c)
For each time period, add the parking space calculations for
all the uses to arrive at a cumulative total; and,
The largest cumulative total for all the uses in any time period is the
number of parking spaces required for the lot.
Table 5.4 - Shared Parking (Percentage of Required Parking Permitted
to be Shared)
Land Use
Time
Period
Weekday
Saturday
II
Morning
III
Noon
IV
Afternoon
V
Evening
VI
Morning
VII
Noon
VIII
Afternoon
IX
Evening
Business
Office; Medical
Office
100%
90%
100%
15%
20%
20%
10%
5%
Financial
Institution
80%
100%
100%
10%
80%
100%
60%
10%
Retail Store;
Personal
Service Shop
75%
80%
85%
75%
60%
90%
100%
50%
Restaurant
30%
90%
60%
100%
30%
80%
50%
100%
Theatre;
Place of
Amusement
or
Entertainment
40%
40%
60%
85%
40%
70%
80%
100%
5.6
BARRIER FREE PARKING
5.6.1
Dedicated Barrier Free Parking
Dedication Barrier Free Parking must be provided, for multiple
dwelling residential buildings, and non-residential uses and
buildings. The ratios required by the Ontario Regulation 191/11 and
the Provincial Offices Act, in effect at the time of the creation of this
By-law are set out in Table 5.5. Legislation is updated from time-to-
time by the Province of Ontario, and where this By-law differs, the
Ontario Legislation shall prevail. [ ZBA 2019-41 ]
Table 5.5 - Required Number of Barrier Free Parking Spaces
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Number of
Required
Parking spaces
No. of Barrier-free
Parking Spaces
Type of Spaces Required
1-12
1 parking space
Type A.
13-100
4% of the required
parking spaces
Equally divided between Type
A and Type B, if an even
number of parking spaces is
required. Any additional 'odd'
parking space may be either
Type A or B. A Minimum of
one Type A parking space
shall be provided.
101-200
1 parking space plus
3% of required parking
spaces.
As Above.
201-1000
2 parking spaces plus
2% of required parking
spaces.
As Above.
1001 +
11 parking spaces
plus an additional 1%
of required.
As Above.
5.6.2
Barrier Free Parking Space Standards
The following provisions apply as barrier free parking space
standards:
a)
Where a Type A parking space is required or provided, it
shall be a minimum width of 3.4 metres and a minimum
length of 5.8 metres;
b)
Where a Type B parking space is required or provided, it
shall be a minimum width of 2.4 metres and a minimum
length of 5.8 metres;
c)
Each parking space shall be paved and the access from the
parking space to the main entrance of the main building on
the lot shall be paved;
d)
Each parking space shall have a vertical clearance of 3.0
metres; and,
e)
An access aisle, having a minimum width of 1.5 metres and
extending the full length of the parking space shall be
provided adjacent to all barrier free parking spaces. An aisle
may be shared by two barrier-free parking spaces.
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5.7
BICYCLE PARKING REQUIREMENTS
Bicycle parking spaces are required for the uses listed in Table 5.6,
in addition to any required parking spaces for motor vehicles.
Table 5.6 - Bicycle Parking Requirements
Use
Required Bicycle Parking Standards
Retail, service commercial,
institutional
2 parking spaces plus 1 space /1000 m2
gross floor area.
Industrial Use
2 parking spaces plus 0.25 parking
spaces/1000 m2 gross floor area.
Elementary and Secondary School
1 parking space/10 students & 1
parking space/35 employees
Any non-residential building that
contains 5 dwelling units or more.
0.7 parking spaces/dwelling unit to a
total maximum of 15 parking spaces.
5.8
LOADING SPACE REQUIREMENTS
a)
Loading spaces are required for non-residential uses,
subject to the standards of Table 5.7.
b)
A loading space shall be at least 3.5 metres in width, 20.0
metres in length, with a minimum vertical clearance of 4.5
metres.
c)
Loading spaces shall have a required setback to a street or
highway of a minimum of 15.0 metres.
d)
Minimum number of loading spaces required are set out in
Table 5.7.
Table 5.7 - Loading Space Requirements
Gross Floor Area
Number of Required Loading
Spaces
2000-7000 m2
1
7001-10000 m2
2
Every additional 2500 m2 over 10000 m2
1
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PART 6.0
RESIDENTIAL ZONES
6.1
ZONES
Uses permitted in a Residential Zone are denoted by the symbol 'X'
in the column applicable to that Zone and corresponding with the
row for a specific permitted use in Table 6.1.
Table 6.1 - Residential Zone Use Permissions
Permitted Use
R1
R2
R3
Additional residential unit
X
X
Apartment building
X
Duplex dwelling
X
Group home
X
Home child care
X
X
X
Home industry
Home business
X
X
X
Multiple dwelling
X
Retirement home
X
Rowhouse Dwelling
X
Semi-detached dwelling
X
Single detached dwelling
X
Townhouse dwelling
X
Triplex dwelling
X
6.2
ZONE STANDARDS
Regulations for uses permitted in Section 6.1 are set out in Table
6.2. A number(s) following the Zone standard, Zone heading or
description of the standard, indicates that one or more special
provisions apply. These special provisions are listed below Table
6.2.
Table 6.2.1 - Residential Zone Standards (Part A)
Zone Standard
R1-1
R1-2
R1-3
R1-4
R1-5
Minimum lot area (m2)
550
450
360
2,000
1,390
Maximum lot coverage
30% (2)
35% (2)
40% (2)
20% (2)
N/A
Minimum lot frontage
(m)
18.0
15.0
12.0
30.0
24.0
Minimum front yard
(m)
7.5
6.0
6.0
9.0
9.0
Minimum exterior side
yard (m)
5.0
2.4
2.4
9.0
7.5
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Zone Standard
R1-1
R1-2
R1-3
R1-4
R1-5
Minimum interior side
yard (m)
2.0
1.2 (1)
1.2(1)
5.0
3.0
Minimum rear yard (m)
9.0
6.0
6.0
7.5
9.0
Maximum height (m)
9.5
8.0
9.5
Maximum height
(storeys)
2.5
2.0
2.5
Special Provisions:
(1)
Minimum interior side yard - 1.2 metres on one side, 0.6
metres on other side.
(2)
Main buildings and detached accessory buildings containing
additional residential units are permitted to exceed the
maximum lot coverage by 5 percentage points per additional
residential unit. [ZBA 2024-31]
Table 6.2.2 - Zone Standards for the R2 and R3 Zones (Part B)
Zone Standard
Semi-
detached
Dwelling
Duplex &
Triplex
Dwellings (2)
Multiple
Dwelling
(1) (2)
Apartment
Dwelling
(1)(2)
Rowhouse
Dwelling
(1)
Townhouse
Dwelling
(1)
Minimum lot
area (m2)
350.0
500.0
600.0
600
190
650
Minimum lot
frontage (m)
9.0
16.5
20.0
20.0
6.0
18.0
Minimum front
yard (m)
6.0
7.5
7.5
7.5
6.0
7.5
Minimum
exterior side
yard (m)
3.0
4.0
7.5
7.5
4.0
7.5
Minimum interior
side yard (m)
1.2 (3)
2.4
2.4
2.4
1.2
4.5
Minimum rear
yard (m)
6.0
7.5
7.5
7.5
7.5
7.5
Maximum height
(m)
9.5
9.5
11.0
11.0
11.0
11.0
Maximum height
(storeys)
2.5
2.5(5)
3
3
3
3
Special Provisions:
(1)
Where new lots are created under the registration of a
Phased Condominium in accordance with the Condominium
Act, 1998, S.O. 1998, c.19, as amended the minimum lot
area, minimum lot frontage and maximum lot coverage
standards shall not apply, the minimum required front, rear or
side yards from the applicable new lot lines shall be zero and
the new lot shall not require frontage onto a public street in
accordance with Section 4.15 of this By-law.
(2)
A minimum amenity area of 10 square metres per dwelling
unit shall be provided on the lot said dwelling unit is located.
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(3)
Required on one side only.
(4)
Required for end unit.
(5)
The maximum height for triplex dwellings shall be 3.0 storeys
or 11.0m.
PART 7.0
COMMERCIAL AND EMPLOYMENT
ZONES
7.1
ZONES
Uses permitted in a Commercial and Employment Zones are
denoted by the symbol 'X' in the column applicable to that Zone
and corresponding with the row for a specific permitted use in
Table 7.1.
If a number(s) following the symbol 'X' or identified permitted use,
then one or more special provisions may apply. Special provisions
are listed below Table 7.1 (if applicable).
Table 7.1 - Commercial and Employment Zone Use Permissions
Permitted Use
EMPLOYMENT
C1
C2
C3
C4
C5
C6
C7
M1
M2
M3
RR(8)
Dwelling Unit in a
Non-Residential
Building
X (1)
Accessory
Outdoor Storage
X
X
X
Agricultural Use
X
Arena
X
Art Gallery
X
X
X
X
X
X
Auction Sales
Establishment
X
Banquet Hall
X
X
X
Bulk Fuel Storage
Facility
X
X
X(7)
Business Office
X
X
X
X
X
X
X
Child Care Centre
X
X
X
X
Commercial
Fitness Centre
X
X
X
X
Commercial
Greenhouse
X
Commercial
Resort Complex
X
X
X
X
X
X
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Permitted Use
EMPLOYMENT
C1
C2
C3
C4
C5
C6
C7
M1
M2
M3
RR(8)
Commercial
School
X
X
X (3)
Commercial Self-
Storage Facility
X
Community Centre X
X
X
X
Conservation Use
X
Contractors Yard
X
X
Drive-Through
Service Facility
X
Dry Cleaning
Depot
X
X
X
Dry Cleaning Plant
X
Emergency
Service Facility
X
X
X
X
X
X
X
Equipment Sales
and Rental
Establishment
X
X
X
X
X
X
Farm Implement
Dealer
X
X
X
X
Farm Produce
Outlet
Financial
Institution
X
X
Forest
Management
X
X
Funeral Home
X
Golf Driving
Range
X
Home Child Care
X
X
X
Hotel
X
X
X
X
X
Industrial Use
X
X
Those uses
permitted in the
Institutional 'I'
Zone
[ ZBA 2019-41 ]
X
X
X
X
Laundromat
X
X
X
X
Library
X
X
X
Live Work Unit
X
X
Marina
X
Medical Office
X
X
Mineral Aggregate
Resource
Operation
X (4)
Miniature Golf
Course
X
X
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Permitted Use
EMPLOYMENT
C1
C2
C3
C4
C5
C6
C7
M1
M2
M3
RR(8)
Motel
X
X
X
X
X
Motor Vehicle
Body Shop
X
Motor Vehicle Gas
Bar
X
X
Motor Vehicle
Sales, Leasing
and/or Rental
Establishment
X
Motor Vehicle
Repair Garage
X
X
Motor Vehicle
Washing
Establishment
X
X
X
Multiple Dwelling
X
Museum
X
X
X
Parking Garage
X
X
X
X
X
Parking Area
X
X
X
X
X
X
X
X
X
X
Parking Lot
X
X
X
X
X
Personal Service
Shop
X
X
X
X
X
Place of
Amusement
X
X
X
X
Place of
Entertainment
X
X
X
X
X
Place of Worship
X
X
X
X
Private Club
X
X
X
X
X
X
X
Private Park
X
X
X
X
X
X
X
Private
Recreational Use
X
X
X
X
Private School
X
X
Public Park
X
X
X
X
X
X
X
Public School
X
X
Recreational
Equipment, Sales,
Rental and
Service
Establishment
X
X
X
X
X
X
Recreational
Establishment
X
X
X
X
X
X
X
X
X
Recycling
Establishment
X
X
Repair Shop
X
X
X
X
X
X
Restaurant
X
X
X
X
X
Retail Store
X
X
X (5)
X
X
X
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83
Permitted Use
EMPLOYMENT
C1
C2
C3
C4
C5
C6
C7
M1
M2
M3
RR(8)
Retail Store,
Accessory
X (5)
X
X
X
X (6)
X (6)
Retirement home
X
X
X
X
Saw and/or
Planing Mill
X
Short Term
Accommodation
[ ZBA 2021-59 ]
X
Single Detached
Dwelling
[ ZBA 2021-59 ]
X
Supermarket
X
X
X
Theatre
X
X
Tourist Information
Centre
X
X
X
Trade &
Convention Centre X
X
Transportation
Terminal
X
X
Veterinary Clinic
X
X
Village
Commercial
Resort Unit
X
Village
Commercial
Resort Unit
Complex
X
Warehouse
X
X (2)
Waste Transfer
Station
X
Wholesale
Establishment
X
X
X
X
Woodchipping
Establishment
X
Special Provisions:
(1) Not permitted on the ground floor.
(2) Must be related to and supportive of agricultural operations.
(3) Only boating instruction schools are permitted.
(4) Minimum setback of any extractive operation from any existing
residential use, or land zoned to permit residential use - 30 metres.
Minimum setback of edge of any pit or quarry from any lot line - 15
metres.
(5) Only tourist related retail and retail sale of marina supplies and other
commodities related to recreation and boating is permitted.
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84
(6) A retail use accessory to the principal employment use is permitted
provided the floor area of the accessory retail use does not exceed 20%
of the floor area of the principal employment use.
(7) Must be related to and supportive of an aggregate processing facility.
(8) All Short Term Accommodations shall also be subject to the General
Provisions of Section 4.32 to this By-law. [ ZBA 2021-59 ]
7.2
ZONE STANDARDS
Regulations for uses permitted in Section 7.1 are set out in Table
7.2. A number(s) following the Zone standard, Zone heading or
description of the standard, indicates that one or more special
provisions apply. These special provisions are listed in Table 7.2
below.
Table 7.2 - Commercial and Employment Zone Standards
Zone
Standards
C1
C2
C3
C4
C5
C6
C7
M1
M2
M3
RR
Minimum lot
frontage (m)
9.0
15.0
30.0
30.0
9.0
30.0
18.0
30.0
60.0
0
18(8)
Minimum front
yard (m)
3.0(4)(5)
3.0
7.5
9.0
10.0
30.0
7.5
15.0
14.0
15.0
7.5
Minimum
exterior side
yard (m)
4.5
(4)(5)
2.0
5.0
6.0
5.0
5.0
6.0
5.0
(2)
14.0
15.0
5.0
Minimum
interior side
yard (m)
3.0
(2)(5)
(6)
2.0
(2)
5.0
(2)
4.5
(3)
4.0(2)
5.0
(2)
2.0(2)
5.0
(2)
7.5
(3)
15.0
2.0
Minimum rear
yard (m)
7.5
(2)(5)
(7)
7.0m
(3)
4.8
(3)
7.5
(3)
8.0
(3)
N/A
9.0
7.5
(3)
7.5
(3)
15.0
9.0
Maximum
height (m)
11.0
9.5
Minimum lot
Area (sq. m)
N/A
550
Maximum Lot
Coverage (%)
N/A
30
(9)
[ ZBA 2019-41; ZBA 2021-59]
Special Provisions:
(1) Maximum permitted yard is 10 metres for buildings that have a gross
floor area less than 464 square metres.
(2) Minimum required yard abutting a Residential Zone boundary - 6.0
metres.
(3) Minimum required yard abutting a Residential Zone boundary - 9.0
metres.
(4) A minimum of 50% of the main wall opposite Arthur Street West, Bridge
Street East, King Street East and Bruce Street shall be located no closer
than 1 metre and no greater than 6 metres from the front lot line.
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85
(5) Notwithstanding Special Provision 4. The Minimum required yard shall
be 0 metres for lots with frontage on Bruce Street North and Bruce Street
South between King Street and Louisa Street.
(6) A side yard abutting a residential zone shall be increased to 6.0 metres.
(7) A rear yard abutting a residential zone shall be increased to 9.0 metres.
(8) Minimum Lot Frontage shall be increased by 3 metres for corner lots.
(9) Additional residential units and detached accessory buildings containing
additional residential units are permitted to exceed the maximum lot
coverage by 5% per additional residential unit. [ZBA 2024-31]
PART 8.0
AGRICULTURAL, RURAL,
RECREATIONAL AND OTHER ZONES
8.1
ZONES
Uses permitted in the Agricultural, Rural, Recreational and Other
Zones are denoted by the symbol 'X' in the column applicable to
that Zone and corresponding with the row for a specific permitted
use in Table 8.1.
If a number(s) follows the symbol 'X' or identified permitted use,
then one or more special provisions may apply. Special provisions
are listed below Table 8.1 (if applicable).
Table 8.1 - Agricultural, Rural, Recreational and Other Zone Use Permissions
Permitted Use
A
SA
RU
D (7) H
W
I
REC1 REC2 REC3 P
OS
PU
Additional
Residential Unit
X
X
X
Accessory Farm
Employee
Accommodation
X
X
X
Agricultural Use
X
X
X
X (4)
X
(1)
X
(1)
Agri-Tourism Use X
X
X
Arena
X
Base lodge
X
X
(1)
Cemetery
X
Child Care
Centre
X
X
X
Commercial
Greenhouse
X
X
X
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86
Permitted Use
A
SA
RU
D (7) H
W
I
REC1 REC2 REC3 P
OS
PU
Community
Centre
X
Conservation
Use
X
X
X
X (6)
X
X
X
X
X
Conservation
Use - Wetland
X
Emergency
Service Facility
X
Farm Produce
Outlet
X
X
X
Farm Winery
X
X
X
Forest
management
X
X
X
X (6)
X
(1)
X
X
X
X
Golf course
[ ZBA 2019-41 ]
X (4)
X
Golf Driving
Range
X
Group Home
X
X
X
X
Home Child Care X
X
X
Home Industry
X
X
X
Home Business
X
X
X
Hospital
X
Library
X
Long Term Care
Facility
X
Museum
X
Outdoor
Recreation Use
X
(6)
X
X
X
X
(1)
Parking Lot
X
Parking Garage
X
Passive
Recreational Use X (6) X (6) X
Place of Worship
X
Private Club
X
X
X
Private park
X
(1)
X
X
X
X
X
(5)
Private
Recreational Use
X
X
X
Private School
X
Public Park
X
X
X
X
X
X
X
X
X
X
X
Public School
X
Recreational
Establishment
X
X
X
X
X
X
(5)
Residential Care
Facility
X
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87
Permitted Use
A
SA
RU
D (7) H
W
I
REC1 REC2 REC3 P
OS
PU
Retirement Home
X
Single Detached
Dwelling
X
X
X
X
(2)
Ski-Lift Facility
X
Ski Resort
X
Snack bar
X
X
X
Veterinary Clinic
X
Special Provisions
(1) Existing uses only. All buildings or structures are prohibited, unless for flood or
erosion control.
(2) Only permitted accessory to an existing campground or trailer park for gatekeeper
or caretaker.
(3) Only permitted within a single detached dwelling that existed on the effective date
of this By-law.
(4) Only existing golf courses are permitted.
(5) No buildings or structures are permitted, except for the following:
a) Renovated or minor expansions to existing buildings and structures which
were legally established on the date of passage of this By-law;
b) Non-habitable buildings connected with public parks (i.e. picnic shelters);
c) Flood and erosion/sedimentation control structures;
d) Fences, provided they will not constitute an obstruction or debris catching
obstacle to the passage of flood waters or create or aggravate an erosion
problem; and,
e) Recreational facilities, as approved by the Niagara Escarpment
Commission, on lands identified as being prominent escarpment slope.
Buildings and structures (excluding docks and boathouses which are
portable or floating in nature) will be setback 30 metres from all lakes.
(6) Passive recreational uses shall only be permitted on lands owned by a public
authority.
(7) See section 1.5(g).
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88
8.2
ZONE STANDARDS
Regulations for uses permitted in Section 8.1 are set out in Table
8.2. A number(s) following the Zone standard, Zone heading or
description of the standard, indicates that one or more special
provisions apply. These special provisions are listed below Table
8.2.
Table 8.2 - Agricultural, Rural, Recreational and Other Zone Standards
Zone Standard
A
SA
RU
D
H
&W
I
REC1
REC2
REC3
P
OS
PU
Minimum lot area (ha)
40.0
(2)
10.0
(2)
20.0
(2)
(1)
N/A
N/A
N/A
N/A
N/A
N/A N/A
N/A
Minimum lot frontage (m)
150.0
(1)
N/A
N/A
N/A
N/A
N/A
N/A N/A
N/A
Minimum front yard (m)
15.0
(1)
N/A
7.5
9.0
(3)
5.0
Minimum exterior side
yard (m)
15.0
(1)
N/A
4.0
7.5
9.0
(3)
5.0
Minimum interior side yard
(m)
8.0
(1)
N/A
4.0
7.5
9.0
(3)
5.0
Minimum rear yard (m)
15.0
(1)
N/A
7.5
9.0
(3)
5.0
Maximum height (m)
11.0
(1)
N/A
11.0
4.5
11.0
Special Provisions
(1) As existing on the date of passing of this By-law.
(2) For lots 2.0ha or less, the regulations and permitted uses of the Residential R1-
4 zone shall apply with the exception of lot frontage and lot area requirements
which shall be as existing at the date of passing of this By-law.
(3) A minimum distance of 12.0m shall be provided from a public street and a
minimum of 15.0m shall be provided from any residential zone.
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89
PART 9.0
EXCEPTIONS
9.1
EXCEPTIONS
The provisions of this By-law are modified as set out in Table 9.1
below.
The exception number of each zone exception corresponds to an
area of the Town identified on the Zoning Schedule(s) by the same
number.
Table 9.1 - Exceptions
Exception
Number
Zone
Special Provisions
1
[ ZBA 2021-
20 ]
R3-1
That the subject lands may be used for a maximum of eleven residential
apartment dwelling units and accessory uses thereto. Notwithstanding
the provisions of Zoning By-law 2018-65, the following site-specific
provisions shall apply to the R3-1 zone:
1. To recognize a 0.0m setback for the existing residential
driveway, whereas a minimum setback of 1.0m is required by
Part 5.3.1(c); and
2. To recognize an existing width of 4.9m for the existing driveway,
whereas a minimum width of 6.0m is required by Part 5.1.7 for
driveways with two-way traffic.
2
C5-2
The maximum number of residential units in this area shall be eighty-
three (83) units and the maximum commercial gross floor area for all
permitted uses shall be 9,300 square metres. In addition to the parking
requirements of Section 5, 274parking spaces are required within this
area.
3
C5-3
The maximum number of residential dwelling units within this area shall
be one hundred and seventy-five (175) units.
4
C3-4
C4-4
These lands shall only be used for a Commercial Resort Unit Complex
and accessory uses, buildings and structures thereto including but not
limited to a sales office and recreational buildings. The maximum density
of commercial resort units on these lands shall be 103 units.
5
[ ZBA 2022-
43 ]
M2-5
These lands shall only be used for a Contractor's Yard, and associated
structures and accessory uses.
For the purpose of the M2-5 zone, a Contractor's Yard shall mean an
electrical contracting business which also includes excavating, haulage
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90
Exception
Number
Zone
Special Provisions
and vacuum truck services and the construction/installation services of on-
site sewage systems.
Permitted buildings and structures are limited to those existing at the time
of passing of this amending by-law. New or expanding buildings and
structures are not permitted without amendment to this by-law.
Accessory Outdoor Storage, including storage of motor vehicles having a
capacity exceeding 4,500 kg, equipment, goods and materials, shall be
permitted only in the accessory outdoor storage area depicted on Figure 1
below. The front lot line shall be deemed to be the lot line along Highway
26.
FIGURE 1
6
C4-6
These lands shall only be used for parking uses and a private tennis
court.
7
C1-7
These lands may also be used for a Motor Vehicle Gas Bar.
8
M1-8
These lands shall only be used for a warehouse limited to self-storage
and/or mini-storage business.
9
R1-1-9
These lands may also be used for a Bed and Breakfast Establishment.
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91
Exception
Number
Zone
Special Provisions
RU-9 [ZBA
2023-59]
10
M2-10
These lands shall only be used for an Agricultural produce sorting,
grading, packing, warehouse building and accessory uses. Open
Storage with a maximum height of 4.6 metres shall be permitted in the
westerly side yard only.
11
SA-11
These lands may only be used for agricultural use, forest management or
conservation use, temporary farm help accommodation, and uses,
buildings and structures accessory to these permitted uses. A single
detached dwelling shall not be permitted.
12
C1-12
Existing single detached dwellings as well as accessory uses, buildings
and structures as of the date of passing of this By-law are permitted to
continue. Minor additions, expansions and new accessory buildings and
structures to existing residential uses may be permitted up to a maximum
of 10% of the existing residential dwelling footprint.
13
OS-13
Two storage buildings with a combined maximum footprint of 1000
square metres shall be permitted within the building envelope identified
for this exception. The maximum footprint for an individual storage
building shall be 600 metres and the maximum height for an individual
storage building shall be 9.0 metres measured to the highest point of the
roof surface. No other buildings or structures, other than those listed as
permitted uses, may be located within the building envelope without an
amendment to this By-law.
14
R1-4-14
One single detached dwelling with a maximum footprint of 185 square
metres shall be permitted.
15
H-15
A private septic system may be permitted on these lands.
16
R1-1-16
The minimum rear yard setback for the main building shall be 24 metres
and the minimum rear yard setback for all accessory buildings and
structures, including swimming pools and tennis courts, shall be 15
metres. The minimum front yard setback shall be 6.0 metres.
17
H-17
A private septic system may be permitted on these lands.
18
M2-18
These lands may also be used for a bus garage or terminal and a
commercial garage and uses, buildings and structures accessory thereto.
19
PU-19
These lands may also be used as a municipal waste disposal site.
20
R1-1-20
These lands may also be used as a commercial fitness centre.
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92
Exception
Number
Zone
Special Provisions
21
C2-21
These lands shall only be used as a retail store, business office and an
equipment sales and rental establishment and buildings and structures
accessory uses. An accessory dwelling is permitted in accordance with
the zone regulations.
22
C2-22
These lands may only be used as a retail store, service commercial use,
recreational equipment sales, rental and service establishment, motel,
and uses, buildings and structures accessory thereto. An accessory
dwelling is permitted in accordance with the zone regulations.
23
R1-1-23
RU-23
These lands may also be used for campground. The maximum number
of camping sites shall be 25.
24
R1-1-24
The minimum rear yard on these lands shall be 15 metres.
25
C1-25
M2-25
These lands shall only be used for an agricultural produce processing
and packing plant and/or warehouse and, buildings, structures and
accessory uses.
26
C7-26
D-26
These lands shall only be used for a farm produce outlet and a retail
nursery and buildings, structures and accessory uses.
27
REC3-27
These lands may only be used for a campground and buildings,
structures and accessory uses. A maximum of 157 camping sites are
permitted. In addition, one single detached dwelling, one retail store, and
a trailer sales, area for a maximum of two trailers shall be permitted as
accessory uses to the campground. The following parking provisions
apply to these lands:
-
A minimum of one (1) parking space shall be provided on each
camping site;
-
A minimum of eleven (11) visitor parking spaces shall be provided in
a central location; and,
-
A minimum of two (2) parking spaces shall be provided per trailer
located in the trailer sales area.
The minimum yard setback from any residential zone shall be 7.6 metres.
28
REC3-28
These lands may also be used for private outdoor recreation uses. A
maximum of one (1) building with a maximum gross floor area of 50
square metres shall be permitted for change room and snack bar
purposes. One (1) building with a maximum gross floor area of 25 square
metres shall be permitted for an accessible washroom facility.
29
R1-1-29
For these lands the maximum of height for a dwelling shall be 7.62
metres, the minimum side yard setback on one side shall be 4 metres
and the minimum front yard setback shall be 9 metres. For the purpose
of this exception, height shall be measured from the lowest elevation of
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93
Exception
Number
Zone
Special Provisions
finished grade at the front elevation of the structure to the peak of the
roof.
30
R1-1-30
For these lands the minimum side yard setback for an interior lot shall be
4 metres on one side and the minimum front yard setback for all lots shall
be 9 metres.
31
R2-31
These lands may only be used for a maximum of 16 horizontally-attached
dwelling units, as well as uses, buildings and structures accessory
thereto. The following provisions shall also apply:
-
The maximum height for residential buildings shall be 2.5 storeys
and/or 9.15 metres measured from the average finished grade level
at front elevation of such building to the peak of the roof;
-
All residential buildings shall be setback a minimum of 15 metres
from the Private Open Space OS2 Zone, or 10 metres from the top
of any approved shoreline protection works, whichever is lesser;
-
The minimum front yard setback shall be 14 metres;
-
The required parking may also be obstructed and within the required
setback from buildings by stacking the parking adjacent to and
within an attached private garage; and,
-
All buildings shall be flood-proofed to ensure that all openings are
above an elevation of 179.2 metres G.S.C.
32
R1-1-32
For these lands the minimum rear yard for the main building shall be 24
metres. The minimum rear yard for all accessory buildings and
structures, including swimming pools and tennis courts, shall be 15
metres.
33
D-33
These lands may also be used as a business office and outdoor
recreation uses limited to a playground as well as, uses, buildings and
structures accessory thereto.
34
REC1-34
These lands may only be used for ski trails and lift facilities, parking
areas, recreational facilities, outdoor recreational uses and existing
approved base lodges and maintenance facilities.
35
REC1-35
These lands shall only be used for ski trails, ski lift facilities, walkways,
parking lots, an observation deck and a pavilion with a maximum floor
area of 1,000 square metres.
36
M2-36
These lands shall only be used for an Agricultural produce sorting,
grading, packing and warehouse building, as well as uses accessory
thereto. Open storage shall only be permitted in the westerly side yard
and the rear yard west of the southerly projection of the easterly limit of
the building within the industrial zone boundary.
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Exception
Number
Zone
Special Provisions
37
M3-37
These lands shall not contain any buildings or structures accessory to the
extractive industrial operation. Access to the extractive industrial
operation is not permitted onto County Road 13. The setback for
extraction may be zero (0) metres from the northernmost side lot line.
38
R1-1-38
The following provisions apply:
-
If an attached private two car garage is provided, the minimum front
yard setback shall be 4.5 metres for a maximum of 50% of the lot
frontage. The remainder of the lot shall meet the minimum required
front yard setback of 7.5 metres.
-
If a detached private garage is provided in accordance with the zone
regulations the 1 minimum front yard setback shall be 4.5 metres for
a maximum of 50% of the frontage and the minimum side yard
setback on one side shall be 5.4 metres. The remainder of the lot
shall meet the minimum front yard setback of 7.5 metres.
39
RU-39
A single detached dwelling shall not be permitted on these lands.
40
R2-40
These lands shall only be used for a maximum of eight (8) residential
dwelling units and uses, buildings and structures accessory thereto.
41
R2-41
These lands shall only be used for a maximum of fifteen (15) dwelling
units and uses, buildings and structures accessory thereto.
42
[ ZBA 2021-
12 ]
R1-3-42
The Maximum permitted height shall be 2.5 storeys and 9.5 metres.
43
R1-1-43
One single detached dwelling may be permitted on these lands. A
private driveway agreement on Town owned lands executed between the
owner and the Town shall be deemed to meet the By-law requirements
for direct access and frontage onto an improved public street.
44
[ ZBA 2020-
42 ]
R1-1-44
Minimum Rear Yard: 15m
The minimum rear yard applies to the main building and all accessory
buildings and structures, including swimming pools and tennis courts.
(Block 46, Plan 16M-20)
45
R1-1-45
For these lands the minimum front yard setback shall be 6.0 metres
where an attached private garage is provided.
47
R1-1-47
For these lands the minimum front yard setback shall be 6.0 metres
where an attached private garage is provided, and the minimum rear
yard setback shall be 15.0 metres.
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Exception
Number
Zone
Special Provisions
48
OS-48
These lands may also be used for outdoor recreational uses excluding
buildings greater than 50m2 in size, walkways, trails, ski trails and
associated ski lift facilities and buildings. Minimum required setbacks are
9 metres from any lot line, 12 metres from a public street, or 15 metres
from a residential zone.
49
R2-49
For these lands a surface parking lot may be permitted in accordance
with the Parking provisions of this By-law.
50
R1-1-50
For these lands the minimum front yard setback shall be 17.5 metres and
the maximum height shall be 2 storeys.
51
R1-1-51
For these lands the minimum front yard and exterior side yard setbacks
shall be 12.0 metres and the maximum height shall be 2 storeys.
52
R2-52
For these lands the maximum number of dwelling units shall be 22.
53
R2-53
For these lands the maximum number of dwelling units shall be 60.
54
A-54
These lands may also be used for a kennel as an accessory use to the
dwelling unit, with a building having a maximum gross floor area of 150
square metres, a maximum height of 1 storey (4.3 metres), plus exterior
animal runs, to be located a minimum distance of 27 metres from the
front lot line. The maximum number of animals associated with the
kennel shall not exceed ten (10).
55
R1-1-55
REC1-55
For these lands the following provisions shall apply:
-
The existing 54 units are hereby recognized, and may be enlarged
or demolished and constructed, subject to the restrictions set out in
this exception.
-
The maximum ground floor area of any dwelling shall not exceed
300 square metres;
-
The maximum height of any dwelling shall be 2.0 storeys.
-
No part of any dwelling shall be closer than 9 metres from any other
dwelling; and,
-
Accessory uses, buildings or structures shall be permitted in
accordance with the General Provisions of this By-law shall not be
built closer than 9 metres to an adjacent dwelling or other accessory
building.
56
OS-56
For these lands the following provisions shall apply:
-
The existing 17 units and existing base lodge are hereby
recognized, and may be enlarged or demolished and constructed,
subject to the restrictions set out in this exception;
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Exception
Number
Zone
Special Provisions
-
The maximum ground floor area of any dwelling may be enlarged or
reconstructed by a maximum of 33.5 square metres;
-
The maximum height of a dwelling unit shall be 2.5 storeys, up to a
maximum of 8.5 metres measured from the lowest point of finished
grade to peak of roof. For the purposes of this Exception a
basement or cellar in a dwelling unit shall be considered a storey;
-
No part of any dwelling shall be closer than 9 metres from any other
dwelling;
-
Accessory uses, buildings or structures shall be permitted in
accordance with the General Provisions of this By-law and shall not
be built closer than 9 metres to an adjacent dwelling or other
accessory building.
57
OS-57
For these lands the following provisions shall apply:
-
The existing 4 units are hereby recognized;
-
Existing dwellings may be demolished and constructed however, no
new addition or enlargement shall be permitted.;
-
Accessory buildings and structures shall not be permitted.
58
R1-3-58
These lands may only be used for the development of a maximum of 164
residential dwelling units and buildings and structures accessory thereto.
These lands shall be developed in accordance with the Residential R1-3
Zone provisions, save and except for the following:
(a) The R1-3 provisions shall be modified to these lands as follows:
i) Minimum lot area: 300m2;
ii) Minimum lot frontage: 10.5m;
iii) Minimum Front Yard: 6.0m, except where an attached
garage is provided, the front of the dwelling, excluding the
attached garage, may be 5.0m;
iv) Minimum Exterior Side Yard: 2.4m;
v) Maximum Lot Coverage: 50%;
vi) All other provisions of the R1-3 zone shall apply.
(b) Rowhouse units and townhouse/multi units shall also be
permitted subject to the applicable R2 provisions, as modified for
these lands as follows:
i) Minimum Front Yard: 6.0m, except where an attached private
garage is provided, the front of the dwelling, excluding the
attached private garage, may be 5.0m;
ii) Minimum Rear Yard: 7.5m;
iii) Minimum Side Yard: 1.5m for end units only, except those
lots shown in hatching on the attached Schedule "A-1",
where the minimum side yard shall be 4.0m;
iv) Minimum Exterior Side Yard: 3.75m from a Public Street;
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Special Provisions
v) Minimum Distance Between a Dwelling and a Private Road:
2.75m;
(c) Stormwater Management Facilities and Trails may also be
permitted in the R1-3 zone;
(d) A unit established under a Vacant Land Plan of Condominium
shall be considered a Lot in accordance with Section 3.0 of this
By-law, as amended;
(e) Notwithstanding the provisions of Section 5.0, parking may be
located 0 metres from a lot line;
(f) Where any lot abuts an OS zone accessory buildings and
structures shall not be permitted within the rear yard.
59
C6-59
I-59
OS-59
R1-1-59
R2-59
REC3-59
The following provisions shall apply to the Lands:
A. Residential R1-1 Zone: The maximum number of residential lots
shall be 21; Lots abutting a public walkway block shall be permitted
to have a side yard abutting the public walkway block of 1.2 metres;
Lots abutting the Georgian Bay shoreline shall be permitted to have
a front yard setback of 6.0 metres and a rear yard setback of 6.0
metres; On lots abutting Georgian Bay, no person shall construct or
maintain a building or structure within the required rear yard;
Buildings and structures shall not exceed 8.0 metres in height.; The
general exceptions contained in this By-law as they relate to
permissible projections shall continue to apply.
B. Residential R2 Zone: The maximum number of residential dwelling
units shall be 115; The minimum interior and exterior side yard
setback for an end dwelling unit in a series of there or more attached
dwelling units shall be 2.0 metres; These lands may also be
developed with single detached residential dwellings in accordance
with the Residential R1-3 Zone provisions, save and except the
minimum lot frontage for an interior lot may be 9.75 metres, and may
also be developed with semi-detached dwellings in accordance with
the Residential R2 Zone provisions; Buildings and structures shall
be permitted to have a front yard setback of 6.0 metres and a rear
yard setback of 7.5 metres; Buildings and structures containing 5
residential units or less shall be located a minimum of 8.0 metres
from Highway 26; Buildings and structures containing 6 residential
units or more shall be located a minimum of 14.0 metres from
Highway 26; Buildings and structures shall not exceed 8.0 metres in
height; The general exceptions contained in this By-law as they
relate to permissible projections shall continue to apply. Prior to the
removal of the Holding symbol (-h) a maximum of three model
homes may be permitted on these lands subject to the granting of
Site Plan Approval under Section 41 of the Planning Act including
the execution of a required Agreement.
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C. Institutional I Zone: In addition to those uses identified in the
Institutional I Zone, a seniors' building as well as uses, buildings and
structures accessory thereto shall be permitted; The maximum
number of residential dwelling units and/or sleeping/care rooms shall
be 130; The minimum front yard setback shall be 6.0 metres;
Buildings and structures shall be located a minimum of 14.0 metres
from Highway 26; Buildings or structure shall not exceed 13.0
metres in height.
D. Commercial C6 Zone: Only those uses contained within the C6
zone, uses permitted under Section (B) - Residential R2 zone of this
By-law and live/work units as defined by the Ontario Building Code
shall be permitted on these lands in accordance with the applicable
provisions save and except for the following: (i) The maximum
number of dwelling units and/or live/work units permitted on the
Lands zoned C6 and located to the east of Hope Street shall be 60.
(ii) The maximum number of dwelling units and/or live/work units
permitted on the lands zoned C6 and located to the west of Hope
Street shall be 14. (iii) The minimum front yard setback from a public
street, other than Highway 26, shall be 0.0 metres. (iv) Buildings and
structures shall be located a minimum of 14.0 metres from Highway
26. (v) Buildings shall not exceed 11.0 metres in height. (vi) The
maximum lot coverage shall be 50%. (vii) The minimum required
number of parking spaces to be provided shall be 3.5 spaces per
100 square metres of gross floor area or portion thereof. (viii) The
maximum gross floor area of commercial space shall be determined
based on a market analysis prepared in accordance with the Official
Plan for any floor area exceeding 2,000 square metres, however in
no case shall the maximum gross floor area exceed 9,100 square
metres. (ix) The maximum gross floor area of an individual use shall
be 1,625 square metres, save and except one supermarket having a
maximum gross floor area of 2,300 square metres. (x) The
maximum number of branches of a bank or financial institution shall
be one and such branch of a bank or a financial institution shall have
a maximum gross floor area of 600 square metres.
E. Recreational REC3 Zone: Notwithstanding the provisions of the
REC3 zone, the minimum front yard shall be 7.5 metres and the
minimum side yard from all zones shall be 3.0 metres.
60
For these lands the following provisions shall apply:
-
These lands may be developed to a maximum of 198 dwelling units;
-
The minimum front yard setback shall be 4.25 metres;
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Exception
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Zone
Special Provisions
-
The minimum rear yard setback shall be 3.0 metres;
-
The minimum interior side yard setback shall be 1.5 metres;
-
The minimum exterior side yard setback shall be 4.5 metres; and,
-
The maximum lot coverage shall be 50%.
For these provisions, a unit within a Plan of Condominium shall have the
same meaning as a lot:
-
A minimum of two (2) parking spaces is required per unit, one of
which must be located on Vacant Land Plan of Condominium Unit.
Prior to the removal of the holding (-h) symbol, any existing Recreational
Vehicle, Park Model Trailer or Mobile Home may be permitted to be
relocated to a site approved under a Development Agreement subject to
the following provisions:
-
The minimum front yard shall be 4.25 metres
-
The minimum rear yard shall be 3 metres;
-
The minimum side yard shall be 1.2 metres on one side and 3
metres on the other side;
-
The minimum setback from internal lane shall be 4.5 metres;
-
The maximum lot coverage shall be 40%;
-
The minimum landscaped area shall be 50%;
-
Open storage shall not be permitted;
-
The minimum number of parking spaces per site is two (2);
-
The maximum accessory deck area shall be 18.6 square metres;
-
The maximum accessory storage shed shall be 7.5 square metres;
and,
-
The existing park model trailer units shall be permitted year round
occupancy.
Recreational vehicles existing as of date of passing of this By-law shall
be permitted for a maximum occupancy of 180 days per year and
restricted to the period between May 1 and October 31;
Park Model Trailers that comply with the appropriate CSA standards for
year round occupancy shall be permitted;
An accessory shed is permitted and shall be located in the rear half of
the site and located a minimum distance of one (1) metre from the side or
rear site line or 4.5 metres from an internal lane; and,
The relocation of any existing deck or shed shall be exempt from lot
coverage, maximum size and setback provisions contained in this
exception.
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61
R2-61
For these lands the maximum number of dwelling units shall be 243. The
minimum required setback for any building or structure from the Georgian
Trail shall be thirty (30) metres.
62
OS-62
R1-3-62
R1-4-62
R2-62
For these lands the following provisions shall apply:
-
Single detached and semi-detached dwellings are the only permitted
dwelling types;
-
The maximum number of dwelling units shall be 659;
-
The development of these lands shall only proceed on full municipal
services;
-
Three (3) Model Homes may be constructed in any Phase or Sub-
Phase in advance of the removal of the Holding 'h' Symbol provided
that the owner enters into a Model Home Agreement with the
Corporation of the Town of The Blue Mountains;
-
A private road established under a Common Elements
Condominium in accordance with the Condominium Act shall also
be deemed to be a Public Street in accordance with the definition of
Street, Improved Public or Public Street.
-
For single detached dwellings the minimum lot area shall be 370
square metres and the minimum lot frontage shall be 10.5 metres;
and,
-
For semi-detached dwellings the minimum lot area shall be 235
square metres and the minimum lot frontage shall be 7.62 metres.
The following provisions shall apply to single detached and semi-
detached dwellings:
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum rear yard setback shall be 9.0 metres except where a
lot which has a rear lot line which is contiguous to lands
zoned Hazard or Private or Public Open Space may have a
minimum rear yard setback of 7.5 metres;
-
The minimum interior side yard shall be 1.5 metres;
-
The minimum exterior side yard shall be 6.0 metres;
-
The maximum lot coverage shall be 38%;
-
The minimum setback from the centre line of a road shall be 16.0
metres;
-
The maximum height shall be two (2) storeys;
-
The maximum lot coverage for an accessory structure shall be 8%;
and,
-
The minimum yard setback for an accessory structure shall be 0.5
metres except where a common side wall may be centred on the
mutual side lot line.
The following shall apply to non-commercial private recreational building
or facility:
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Exception
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-
The maximum floor area shall be 930 square metres;
-
The minimum yard setback shall be 1.0 metres;
-
The minimum setback from the centre line of a road allowance shall
be 30 metres; and,
-
The maximum height shall be 2 storeys.
63
H-63
OS-63
R1-4-63
RU-63
These lands may also be used for outdoor recreation uses limited to
hiking, cross country skiing, dog sledding, sleigh rides, snowshoeing,
parking and a private park. The following other buildings/uses are
permitted:
-
a maximum 11 square metre snack bar;
-
A maximum 750 square metre storage building;
-
A maximum 85 square metre accessory building to the trails;
-
A tree-top canopy walk;
-
A suspension bridge; and,
-
A viewing platform with a maximum height of 30.5 metres.
The above-mentioned uses shall only be located on the subject lands in
accordance with the building envelopes identified below. (Additional
buildings and accessory uses shall only be permitted through an
amendment to this By-law.
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Exception
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Special Provisions
64
SA-64
For these lands the maximum floor area within accessory building(s) for a
home industry shall be no greater than 400 square metres. No open
storage is permitted.
65
R1-1-65
For these lands the minimum front yard setback shall be 6.0 metres.
66
R1-1-66
These lands may only be used for a single detached dwelling and the
existing detached garage that existed on the lands on the date of
enactment of this By-law. The following provisions shall also apply:
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Exception
Number
Zone
Special Provisions
-
The minimum front yard setback is 0.5 metres;
-
The minimum interior side yard setback is 1.3 metres and 2.0
metres. The 1.3 metre setback applies solely to the lot line
approximately 7.0 metres northerly and approximately parallel to the
limit of the Craigmore Crescent Road Allowance;
-
The setback from Centreline of Road Allowance is 10.5 metres;
-
No yard encroachments shall be permitted save and except for sills,
cornices, eaves, gutters and pilasters having a maximum projection
from the main wall of 0.45 metres;
-
The Maximum height of the dwelling shall be 1.5 storeys up to a
maximum height of 7.5 metres; and,
-
A garage may be attached to the single detached dwelling by way of
a breezeway structure.
67
R1-3-67
For these lands the following provisions shall apply:
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum interior side yard setback shall be 1.5 metres on one
side and 9.0 metres on the other side;
-
The minimum exterior side yard setback shall be 6.0 metres; and,
-
The minimum rear yard setback shall be 2.0 metres.
68
R1-3-68
For these lands the following provisions shall apply:
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum interior side yard setback shall be 1.5 metres;
-
The minimum exterior side yard setback shall be 6.0 metres; and,
-
The minimum rear yard setback shall be 6.0 metres.
69
R1-3-69
For these lands the following provisions shall apply:
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum interior side yard setback shall be 1.5 metres; and,
-
The minimum rear yard setback shall be 4.5 metres.
70
R1-1-70
For these lands the following provisions shall apply:
-
A maximum of two (2) dwelling units shall be permitted;
-
The minimum lot frontage requirement shall be 12 metres;
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum rear yard setback shall be 7.5 metres;
-
The minimum interior side yard setback shall be 1.5 metres; and,
-
The maximum permitted lot coverage shall be 40%.
71
R2-71
For these lands the following provisions shall apply:
-
A maximum of two (2) dwelling units shall be permitted;
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Exception
Number
Zone
Special Provisions
-
The minimum lot frontage requirement shall be 9 metres;
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum rear yard setback shall be 7.5 metres;
-
The minimum interior side yard setback shall be 1.6 metres; and,
-
The maximum permitted lot coverage shall be 40%.
72
R2-72
For these lands the following shall apply:
-
A maximum of seven (7) dwelling units shall be permitted;
-
The minimum lot frontage requirement shall be 6.5 metres;
-
The minimum front yard setback shall be 6.0 metres;
-
The minimum rear yard setback shall be 7.5 metres;
-
The minimum exterior side yard setback shall be 5.0 metres;
-
The minimum interior side yard setback shall be 4.0 metres;
-
The maximum permitted height shall be 2 storeys; and,
-
The maximum permitted lot coverage shall be 40%.
73
R2-73
In addition to the list of permitted uses and the minimum yard setbacks to
the Residential 'R2' Zone and the minimum parking space requirements,
the following provisions shall apply:
-
A maximum of eighty-six (86) Land Lease Community Homes shall
be permitted on these lands;
-
A minimum of three (3) single detached dwellings shall be provided
and have direct driveway access to Napier Street;
-
A minimum of fourteen (14) semi-detached dwellings shall be
provided and have direct driveway access to Napier Street or
Victoria Street;
-
Townhouse dwellings shall not have direct driveway access to
Napier Street or Victoria Street;
-
Buildings and/or structures shall be located within the Building
Envelope below.
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Balconies, canopies, patios, steps, and unenclosed porches may not
project outside of the Building Envelope shown below, except that, two
(2) unenclosed porches may encroach a maximum of 2.0 metres into the
required southerly 18.0 metre setback beyond the Building Envelope and
one (1) unenclosed porch attached to the south-westerly townhouse
dwelling Block may encroach a maximum of 1.5 metres into the required
westerly 9.0 metre setback from Victoria Street beyond the Building
Envelope below;
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Exception
Number
Zone
Special Provisions
-
No townhouse dwelling shall be closer than 1.5 metres to any
driving lane or parking area; and,
-
A minimum of twenty-two (22) visitor parking spaces shall be
provided in addition to the minimum required parking spaces.
74
[ ZBL 2019-
41 ]
C1-74
For these lands the following provisions shall apply:
-
The main wall of at least one retail building opposite of Arthur Street
West shall be located no greater than 14.0 metres from the front lot
line;
-
The main wall of all other retail buildings opposite of Arthur Street
West shall be located no greater than 68.0 metres from the front lot
line;
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Exception
Number
Zone
Special Provisions
-
The minimum front yard for a Motor Vehicle Gas Bar shall be 12.5
metres;
-
A maximum of two (2) driveways shall be established on the lot, with
a maximum of one (1) driveway provided to each street, being
Victoria Street North and Arthur Street West, with a maximum
driveway width of 9.0 metres.
-
These lands may also be used for a Motor Vehicle Gas Bar.
75
R2-75
For these a maximum of 45 townhouse dwelling units are permitted. The
following provisions shall apply:
-
The minimum front yard setback shall be 41.4 metres;
-
The minimum exterior side yard setback shall be 4.4 metres;
-
The minimum interior side yard setback shall be 4.1 metres; and,
-
The minimum rear yard setback shall be 7.7 metres.
76
R2-76-h22
The maximum building height shall be 2.5 storeys. For the purposes of
this Exception, a walkout basement shall be counted as the first storey.
The minimum yard setback from the King Street lot line shall be 6.0
metres.
77
[ ZBA 2020-
74 ]
R2-77
The following provisions shall apply to all residential dwelling units on the
subject lands:
-
The minimum front yard setback shall be 7.5m;
-
The minimum interior/exterior side yard setback shall be 7.5m;
-
The minimum rear yard setback shall be 7.5m; and
-
The maximum permitted height shall be 2.0 storeys.
For the purpose of applying the front, interior, exterior, and rear yard
setbacks the lands shall be considered to be one contiguous lot.
Upper deck yard encroachments for Units 12 through 21, inclusive, shall
be limited to a maximum permitted encroachment of 3.0m into a required
yard. In no case shall a permitted projection be located closer than 0.5m
from any lot line. For the purpose of applying any projection or
encroachment that is permitted by the Zoning By-law, the lands shall be
considered to be one contiguous lot.
78
[ ZBA 2019-
41 ]
C1-78
For these lands the following provisions shall apply:
-
The main wall of the retail building opposite Arthur Street West shall
be located no greater than 39.0 metres from the front lot line;
-
The minimum rear yard setback for the retail store building shall be
3.0 metres
-
The parking space(s) shall be permitted within the front yard of the
retail store building, abutting Arthur Street, with a minimum setback
of 30.4 metres;
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Zone
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-
The Minimum lot frontage for a Motor Vehicle Gas Bar shall be 41.3
metres;
-
The minimum front yard setback for Motor Vehicle Gas Bar (Arthur
Street) shall be 11.0 metres; and,
-
The minimum side yard setback abutting a public street for Motor
Vehicle Gas Bar (Elma Street) shall be 4.3 metres.
-
These lands may also be used for a Motor Vehicle Gas Bar.
79
RU-79
These lands may also be used for outdoor recreation uses save and
except for golf courses and tennis courts.
80
R1-1-80
For these lands the following shall apply:
-
The minimum front yard setback shall be 8.0 metres;
-
The minimum setback from the Centreline of Road Allowance shall
not apply;
-
The minimum easterly interior side yard setback for all buildings and
structures shall be 4.0 metres, with no yard encroachments
permitted within this yard; and,
-
The zone boundary is the top of the existing revetment, plus a 4.0
metre landward setback.
81
R1-1-81
For these lands the following shall apply:
-
The minimum front yard setback shall be 8.0 metres;
-
The minimum setback from the Centreline of Road Allowance shall
not apply;
-
The minimum westerly interior side yard setback for all buildings and
structures shall be 4.0 metres, with no yard encroachments
permitted within this yard; and,
-
The zone boundary is the top of the existing revetment, plus a 4.0
metre landward setback.
82
SA-82
These lands may also be used for a veterinary clinic, inclusive of retail
sales of products that are associated with the veterinary clinic, as well as
buildings, structures and accessory uses that are accessory thereto.
83
R1-1-83
For these lands the minimum westerly yard setback shall be 6.0 metres.
No buildings or structures shall be permitted within the westerly yard.
84
R1-1-84
For these lands the minimum easterly yard setback shall be 6.0 metres.
No buildings or structures shall be permitted within the easterly yard.
85
A-85
These lands may also be used for a kennel and the following provisions
shall apply:
-
The maximum floor area shall be 250 square metres;
-
The maximum number of dogs shall be 10;
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Exception
Number
Zone
Special Provisions
-
The minimum distance from the front lot line for the building shall be
215 metres; and,
-
The minimum side yard setback shall be 100 metres.
86
R2-86
These lands shall only be used for a maximum of nineteen (19) dwelling
units with a maximum height of 2.5 storeys.
87
C2-87
For these lands a restaurant shall not be permitted on these lands.
88
REC1-88
For these lands a base lodge is not permitted. Buildings and structures
shall be limited to a maximum floor area of 50 square metres.
89
R1-1-89
A private water pumping station having a maximum size of 60m2 and
located 15m from the top of bank of the stream is also permitted on those
lands lying and being in the Town of The Blue Mountains, comprised of
Part of Lot 24, Concession 3.
90
R1-1-90
A private unenclosed tennis court including lighting, fencing, landscaping
and a maximum 10 square metre accessory structure may be permitted
on these lands prior to the main dwelling being constructed on the lands.
The private unenclosed tennis court shall be setback a minimum distance
of 1.5 metres from the rear lot line and southerly side lot line.
91
R1-1-91
For these lands the following provisions shall apply:
i.
The minimum front yard setback shall be 6 metres
ii.
The minimum rear yard setback shall be 2 metres
iii.
The minimum northerly side yard setback shall be 8 metres
92
PU-92
REC3-92
For these lands the following provisions shall apply:
-
These lands may only be used for a Commercial Recreational Use
consisting of a Horse Park and related facilities including grand prix
rings, warm up areas, hunter rings, indoor riding arenas, parking,
trails, vendor trade areas and eating establishments accessory to a
horse show and open space areas;
-
A Commercial Resort Unit Complex may be permitted with the
maximum number of units determined based on a Market Analyses
in accordance with the Official Plan, however not to exceed 300
units;
-
Accessory commercial retail space shall not exceed 1,300 square
metres of gross floor area; and,
-
For the purposes of this Exception, "Commercial Recreational Uses"
means open air recreational events such as equestrian and horse
show events, rodeos, dog shows, car shows, concerts, festivals,
sporting contests and other similar activities and includes the use of
existing facilities, buildings and/or spaces for weddings or other
social events but shall not include the use of the lands for overnight
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Exception
Number
Zone
Special Provisions
camping, gaming or gambling uses or adult entertainment
establishment uses. In addition, temporary tents for event purposes
associated with the "Commercial Recreational Uses" may be
erected on the subject lands for a period of not greater than 14 days.
93
[ ZBA 2021-
59 ]
RR-93
This land may only be used for a Commercial Resort Unit Complex,
Commercial Resort Unit, Short Term Accommodation, Residential
Dwelling Unit, and an Administration/Recreation Building containing an
eating establishment and a check-in desk for the administration of off-site
Short Term Accommodation and Commercial Resort Units subject to the
provisions of this exception. In addition, and further to the regulations of
the Resort Residential 'RR' Zone, the following regulations shall also
apply:
-
Maximum number of on-site Commercial Resort Units or Short Term
Accommodation Units 144;
-
Minimum number of parking spaces 241;
-
Maximum floor area for on-site Commercial Resort Units or Short
Term Accommodation Units 81 square metres;
-
Maximum floor area for the Administration/Recreation Building 635
square metres;
-
Minimum Lot Area and Lot Frontage shall be as existing on the date
of passing of this By-law;
-
Minimum yard setback from the westerly lot line 70 metres;
-
Maximum number of beds 504;
-
Maximum floor area for an eating establishment 130 square metres;
-
Maximum floor area for meeting rooms 187 square metres; and,
-
Maximum floor area for a Laundry Facility 140 square metres;
-
A short term accommodation use shall be excluded from the minimum
distance separation of 120 metres short term accommodation use or
bed and breakfast establishment under Section 4.32(c).
The following definitions shall apply to this land only:
"Administration/Recreation Building" may include administration offices
and facilities, meeting rooms, an eating establishment, and a check-in
desk for the administration of off-site Short Term Accommodation and off-
site Commercial Resort Units or the use of the general public. The
Administration/ Recreation Building may also include indoor and outdoor
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recreational facilities and maintenance facilities for the use of the Patrons
and Guests only.
"Bed" is defined as a bed capable of accommodating one (1) person. As
an example, a double, queen or king size bed is counted as two beds.
"Building Area" shall mean the area comprised of buildings and structures.
"Patrons and Guests" shall mean the owners of the Commercial Resort
Units or Short Term Accommodation Units and registered guests residing
on this land.
"Landscaped Open Space" shall mean open space comprised of lawn and
ornamental shrubs, flowers and trees and may include space occupied by
paths, walks, pedestrian bridges, signs, unenclosed wheelchair lifts or
ramps, courts, patios, decks and swimming pools and associated
pumphouse facilities, but shall not include parking areas, traffic aisles,
driveways or vehicular ramps. All buildings and structures within the
Landscape Open Space areas shall comply with applicable yard setback
requirements, except that the required setback from a watercourse shall
not apply, subject to any required site plan,
construction or engineering design approvals in accordance with any other
applicable statute, by-law or regulation.
"Laundry Facility" shall include the launder and the transfer of on-site
laundry materials as well as the storage and sorting of laundry generated
at off-site Short Term Accommodation and Commercial Resort Units. For
greater certainty, the Laundry Facility will not be used for the cleaning of
laundry generated off-site.
"Parking Area" means an area provided for the parking of motor vehicles
and may include aisles, parking spaces, and related ingress and egress
lanes but shall not include any part of a highway, street, road or lane.
Parking Area may include a tennis court structure and garbage collection
receptacles which do not obstruct aisles, parking spaces and ingress and
egress lanes.
No enlargement of the existing buildings and structures are permitted
without an amendment to this By-law.
94
C1-94
Notwithstanding any other provision of this By-law, the following shall be
permitted: the existing two-storey main building to be located a minimum
distance of 1.0 metres from the easterly side lot line and a minimum
distance of 6.7 metres from the westerly side lot line; to permit the
reduction of the minimum planting strip width for landscaping to 0.0
metres along the easterly and westerly interior side lot lines; to permit the
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Exception
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Zone
Special Provisions
reduction of the minimum parking area setback to 0.0 metres from the
existing deck and 0.8 metres for the proposed storage building; to permit
the reduction of the minimum parking setback abutting a residential zone
to a minimum of 2.0 metres; to permit the reduction of the minimum
parking spaces to 3 parking spaces for the event coordination business
commercial use and accessory apartment dwelling unit; to permit the
existing gravel surface treatment for the parking area and parking
spaces; and to permit the construction of a maximum 104.1 square metre
footprint area two-storey storage building to be located a minimum
distance of 4.7 metres from the easterly side lot line, a minimum distance
of 1.2 metres from the westerly side lot line, and a minimum distance of
1.2 metres from the rear lot line on the subject property.
95
R1-1-95
The minimum lot frontage requirement shall be 17.2 metres.
96
I-96
These lands may also be used for a single detached dwelling in
accordance with the Residential R1-1 zone provisions.
97
R1-1-97
The minimum rear yard setback shall be 15 metres.
101
R2-101
These lands may be used for a maximum of 12 units
102
R1-1-102
The minimum lot frontage shall be 8.0m.
103
R2-103-h27 A maximum of 190 residential units shall be permitted on these lands.
Notwithstanding the maximum height requirements for the R2 zone, for
villa unit buildings a maximum height of three (3) storeys and 11.1m shall
be permitted. In the case of a pitched roof on a villa building, the
maximum permitted height of 11.1m shall be measured at the midpoint of
the pitched roof but in no circumstance, shall the peak of the pitched roof
be higher than 13.6m.
i.
A 30.0 metre building setback from the Coldwater Stream
shall be provided;
ii.
A 25.0 metre building setback from healthy and retained
butternut trees shall be provided; and
iii.
A 10.0 metre building setback from the base of the Nipissing
Ridge shall be provided.
104
R2-104-h27 A maximum of 4 semi-detached units with a maximum building height of
8.1m shall be permitted on these lands.
105
OS-105
No development or site alteration shall be permitted on these lands.
106
R1-1-106
The minimum interior side yard setback shall be 1.2m.
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107
R2-107
A maximum permitted height of three (3) storeys and 11.0m shall be
permitted on these lands.
108
OS-108-
h28
One single detached dwelling and accessory buildings and structures
may be permitted on a lot without frontage on an open and maintained
road for those lands located and being in the Town of The Blue
Mountains, comprised of Part of Lot 24, Concession 7.
A single detached dwelling shall have a maximum height of 1.5 storeys
and shall only be located within the building envelope identified on the
Schedule.
109
R3-109
The following definitions, list of provisions, list of permitted uses and
provisions shall apply to these lands:
(1) Apartment houses shall be permitted;
(2) Uses, buildings and structures accessory to the use permitted in
Clause 1 excluding home occupation and home industries shall be
permitted;
(3) The maximum number of apartment house dwelling units permitted
on the subject lands shall be two hundred and thirty units;
(4) The front lot line shall be deemed the lot line separating County
Road 21 and the subject lands;
(5) The minimum yard setback requirements for buildings and/or
structures shall be:
-
Front: 9.0m (County Road 21);
-
Interior Side: 5.0m;
-
Exterior Side: 7.5m (County Road 19);
-
Rear: 9.0m;
(6) Notwithstanding Section 5), Buildings and/or Structures Minimum
Yard Setback requirements, all main buildings and amenity
buildings shall be located within the Building Envelope depicted
below. Parking, Driveways, Loading Spaces, Garbage/Recycling,
and other similar facilities and other similar accessory facilities be
no closer than 1.8m to any rear or side lot line;
Building Envelope:
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(7) The maximum number of apartment house buildings shall be
twelve (12);
(8) The maximum building heights shall be : two (2) storeys - elevation
of highest roof ridge - 11.0m; Three (3) storeys - elevation of
highest roof ridge - 13.8m; and Four (4) storeys - elevation of
highest roof ridge - 15.9m; and shall be located on the lands as
depicted below;
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Maximum Building Heights:
(9) Parking Space: one and one-half (1.5) parking spaces, inclusive of
visitor and accessible parking, for each Apartment House Dwelling
Unit;
(10) Number of Driveway Entrances: one (1) maximum (County Road
21);
(11) Number of Emergency Entrances: One (1) maximum (County Road
19);
(12) A private community recreation building and a pool amenity area,
complete with an observation and pool change room building and
facility pump house, and maintenance building have a combined
maximum total building gross floor area for all accessory buildings
of 500m2 shall be permitted on these lands;
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(13) The maximum height of all accessory amenity buildings may not
exceed two (2) storeys: Elevation of Highest Roof Ridge - 11.0m;
(14) Despite any future severance, partition or division of the subject
lands, the provisions of this By-law shall apply to the whole of the
subject lands as if no severance, partition or division occurred.
111
R2-111-h33 The lands zoned R2-111-h33 are subject to Parts 4, 5 and provisions of
the R2 zone, with the exception of the following special provisions:
Permitted Uses:
a)
Townhouse Dwellings
b)
Uses, buildings and structures accessory to the permitted uses
Maximum Number of Dwelling Units:
a)
23 Dwelling Units
Yard Requirements:
a)
Minimum Front Yard 6.0 Metres
b)
Interior Side Yard 4.0 Metres
c)
Exterior Side Yard 4.0 Metres
General Parking Provisions for Residential Uses:
a)
Parking shall be permitted in a Front Yard, outside of a driveway
area
Number of Driveways:
a)
Maximum number of driveways is 2.
112
R1-1-112
R1-1-112-
h6
For these lands:
i.
The minimum lot frontage shall be 17 metres.
ii.
The minimum interior sideyard setback shall be 1.5 metres
113
[ ZBA 2019-
47 ]
R2-113-h7
A Short Term Accommodation Use shall not be permitted on these lands.
115
[ ZBA 2019-
48 ]
R1-1-115
Minimum Lot Frontage: 16.76 metres
Minimum Side Yard - North Side: 0.76 metres
Minimum Rear Yard: 3.0 metres
Special yard provisions apply for the structures existing on the property
at the time of this by-law only (November 13, 2019). New buildings and
structures shall comply with the standards of the Residential 'R1-1' Zone.
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Exception
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(Lot 3, Lot 9 & Pr Lot 10, Plan 99)
116
R1-1-116
The minimum lot frontage shall be 14.5 metres
120
[ ZBA 2020-
10 ]
RU-120
The lands zoned RU-120 are also permitted a Kennel use, subject to
section 4.17, except for the following:
Maximum Floor Area of Kennel Buildings: 93 sq. m.
(not including any outdoor dog exercise area)
Maximum Number of Dogs: 10
Minimum Front Yard setback: 252m
For Kennel uses (at 6th Line)
Minimum Exterior Side Yard setback
For an existing portable Kennel Building: 4m
(at 3rd Sideroad)
Outdoor Storage is also permitted for the Kennel use
RU-120 zoned Area: 0.65 ha
(Part of Lot 4, Concession 6)
121
[ ZBA 2020-
21 ]
R1-4-121
For these lands, the following special provisions shall apply:
a) The minimum lot frontage shall be 27.0m
b) The maximum height for a single detached dwelling shall be
10.3m and 3 storeys; and
c) Eaves associated with a single detached dwelling are permitted
to encroach into the required interior side yard setback a
maximum of 1.9m.
122
[ ZBA 2020-
80 ]
R2-122-h36 These lands shall be used for a maximum of 211 Land Lease Community
Homes comprised of a minimum 45 single detached dwellings, and a
minimum of 100 horizontally attached townhouse dwellings. A maximum
465 square metre Private Clubhouse, maximum 370 square metre Private
Storage Facility and uses, buildings and structures accessory thereto are
also permitted.
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In addition to the list of permitted uses and required minimum yard
setbacks of the Residential R2 Zone; and the minimum parking space
requirements of Section 5, the following provisions shall apply:
1. All buildings and structures shall be located within the Building
Envelopes identified below:
2. The maximum permitted height shall be 9.5 metres for single
detached dwellings, 11.0 metres for townhouse dwellings, 7.5 metres
for the Private Clubhouse, 6.5 metres for the Private Storage Facility
and 4.5 metres for all other buildings and structures;
3. No building or structure shall be located any closer than 2.0 metres
from a private road or any another building or structure;
123
[ ZBA 2020-
80 ]
OS-123
In addition to the list of permitted uses, these lands may also be used for
a Private Recreation Use.
Notwithstanding the Special Provisions to Table 8.1 new buildings and
structures for an Outdoor Recreation Use, Private Recreation Use or
Private Park may be permitted up to a maximum gross floor area of 50
square metres each.
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124
[ ZBA 2020-
41 ]
R1-1-124-
h37
i.
One single detached dwelling and accessory buildings and
structures may be permitted on a lot that abuts or fronts on a
public street which is not assumed by by-law by a public authority
for maintenance purposes for those lands located and being in
the Town of The Blue Mountains, comprised of Lot 2, Plan 807;
and
ii.
The subject lot shall be provided an adequate potable water
supply at the sole cost of the property owner, to the satisfaction
of the Town of The Blue Mountains.
125a
[ ZBA 2020-
63 ]
R1-1-125a
Yard Encroachments and Lot Coverage:
a) One and two storey covered or uncovered porches and decks
with or without foundations and/or cold cellars permitted
maximum encroachments:
i)
Into a required front yard 1.8 metres
ii) Into a required rear yard 2.4 metres
b) Structures noted in a) shall be excluded from the calculation of
lot coverage.
Short Term Accommodation Uses:
a) Not Permitted
Model Homes:
a) Maximum of 3 dwellings may be constructed as Model Homes.
125b
[ ZBA 2021-
29 ]
A-125b
In addition to the list of permitted uses, a maximum 350 square metre
motor vehicle repair garage with a maximum 300 square metre accessory
outdoor storage shall also be permitted on these lands.
126a
[ ZBA 2020-
63 ]
R1-3-126a
Yard Encroachments and Lot Coverage:
a) One and two storey covered or uncovered porches and decks
with or without foundations and/or cold cellars permitted
maximum encroachments:
i)
Into a required front yard 1.8 metres
ii) Into a required rear yard 2.4 metres
b) Structures noted in a) shall be excluded from the calculation of
lot coverage.
Short Term Accommodation Uses:
a) Not Permitted
Maximum Building Height:
a) 9.5 metres
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126b
[ ZBA 2021-
08 ]
R1-1-126b
The following provisions shall apply to a detached accessory dwelling unit
on the lands:
-
The minimum front yard setback shall be 1.5m;
-
The minimum easterly interior sideyard setback shall be 4.0m; and
-
Short Term Accommodations Uses are not permitted.
127a
[ ZBA 2020-
63 ]
R2-127a
Yard Encroachments and Lot Coverage:
a) One and two storey covered or uncovered porches and decks
with or without foundations and/or cold cellars permitted
maximum encroachments:
i)
Into a required front yard 1.8 metres
ii) Into a required rear yard 2.4 metres
b) Structures noted in a) shall be excluded from the calculation of
lot coverage.
Special Lot Provisions:
a) Minimum Rear Yard 6.0 metres
Short Term Accommodation Uses:
a) Not Permitted
Model Homes:
a) One block of a maximum of 5 dwellings may be constructed as
Model Homes.
127b
[ ZBA 2021-
57 ]
R1-1-127b
The following provisions shall apply to a single detached dwelling unit on
the lands:
1. To deem Lots 1 & 2, Plan 16M-62, to be one contiguous lot for the
purposes of Zoning, notwithstanding that eat lot is a separately
conveyable parcel of land;
2. To Amend Table 6.2.1 to permit a maximum lot coverage of 35%
3. To Amend Exception 45 to permit a front yard setback of 5.2m
4. To Amend Section 4.13 to permit permitted eave projections to be
measured from the front yard setback, as established by
Exception 127b of Zoning By-law 2018-65; and
5. Amend Section 4.34.2 to permit a 13.3m setback to the 177.9m
G.S.C. elevation adjacent to Georgian Bay.
128a
[ ZBA 2020-
63 ]
R2-128a
Yard Encroachments and Lot Coverage:
a) One and two storey covered or uncovered porches and decks
with or without foundations and/or cold cellars permitted
maximum encroachments:
i)
Into a required front yard 1.8 metres
ii) Into a required rear yard 2.4 metres
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b) Structures noted in a) shall be excluded from the calculation of
lot coverage.
Special Lot Provisions:
a) Minimum Front Yard 4.5 metres
b) Minimum Exterior Side Yard
i)
3.75 metres to a dwelling
ii) 6.0 metres to a garage
c) Minimum Rear Yard 6.0 metres to a rear lane
Short Term Accommodation Uses:
a) Not Permitted
Model Homes:
a) One block of a maximum of 6 dwellings may be constructed as
Model Homes.
128b
[ ZBA 2021-
58 ]
R2-128b-
h41a
Only Semi Detached dwelling units and accessory uses are permitted.
-
Minimum Landscaped Front Yard: 40%
129a
[ ZBA 2020-
63 ]
OS-129a
Additional Permitted Uses:
a) Parking, up to a maximum of 50 spaces within the entire OS-129
area.
129b
[ ZBA 2021-
58 ]
R2-129b-
h41a
Only Rowhouse dwelling units and accessory uses are permitted.
-
Minimum Exterior Side Yard: 3m
-
Interior side yard for attached units: 0m
Minimum Landscaped Front Yard: 40%
130
[ ZBA 2021-
59 ]
RR-130
A Single Detached Dwelling or a Short Term Accommodation as well as
uses, buildings and structures accessory thereto shall be permitted. A
Short Term Accommodation shall be excluded from:
a) The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b).
b) The minimum distance separation of 120 metres from another
short term accommodation use or bed and breakfast
establishment under Section 4.32(c).
For the lands legally described as Part 1, 16R-10861, a surface Parking
Area may be setback 6.0 metres from the rear lot line.
130b
[ ZBA 2021-
31 ]
R1-1-130b
These lands may also be used for a Bed and Breakfast Establishment with
up to a maximum of one (1) guest room/
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131
[ ZBA 2021-
59 ]
RR-131
A Semi-Detached Dwelling, Duplex Dwelling or a maximum of two (2)
Short Term Accommodation units as well as uses, buildings and structures
accessory thereto shall be permitted. A Short Term Accommodation shall
be excluded from:
a) The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b).
The minimum distance separation of 120 metres from another short term
accommodation use or bed and breakfast establishment under Section
4.32(c).
132
[ ZBA 2021-
59 ]
RR-132
A Triplex Dwelling or a maximum of three (3) Short Term Accommodation
units as well as uses, buildings and structures accessory thereto shall be
permitted. A Short Term Accommodation shall be excluded from:
a) The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b).
b) The minimum distance separation of 120 metres from another
short term accommodation use or bed and breakfast
establishment under Section 4.32(c).
Notwithstanding the requirements of Table 7.2 "Commercial and
Employment Zone Standards" for the Resort Residential 'RR' Zone, the
following provisions shall apply:
Minimum Lot Area: 650 square metres
Minimum Lot Frontage: 25 metres
Minimum Interior Side Yard: 5 metres
Maximum Lot Coverage: 35%
Maximum Height: 11 metres
133
[ ZBA 2021-
59 ]
RR-133
These lands may only be used for a commercial resort unit, a short term
accommodation unit, or residential dwelling unit within those buildings and
structures that existed on the date of passing of this By-law.
A short term accommodation shall also be permitted with such use being
excluded from:
a)
The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b).
b)
The minimum distance separation of 120 metres from another
short term accommodation use or bed and breakfast
establishment under Section 4.32(c).
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Exception
Number
Zone
Special Provisions
Notwithstanding the requirements of Table 7.2 "Commercial and
Employment Zone Standards" for the Resort Residential 'RR' Zone, the
following provisions shall apply:
Minimum Lot Area: 650 square metres
Minimum Lot Frontage: 25 metres
Minimum Interior Side Yard: 5 metres
Maximum Lot Coverage: 35%
Maximum Height: 11 metres
134
[ ZBA 2021-
59 ]
RR-134
These lands may only be used for a short term accommodation unit or
residential dwelling unit within those buildings and structures that existed
on the date of passing of this By-law.
A short term accommodation shall also be permitted with such use being
excluded from:
a)
The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b).
b)
The minimum distance separation of 120 metres from another
short term accommodation use or bed and breakfast
establishment under Section 4.32(c).
135
[ ZBA 2021-
59 ]
RR-135
A Single Detached Dwelling or a Short Term Accommodation as well as
uses, buildings and structures accessory thereto shall be permitted.
A Short Term Accommodation shall be excluded from:
a)
The maximum number of occupants permitted within a short term
accommodation use under Section 4.32(b) however the
maximum number of occupants permitted shall not exceed
fourteen (14).
b)
The minimum distance separation of 120 metres from another
short term accommodation use or bed and breakfast
establishment under Section 4.32(c).
In addition, a Short Term Accommodation shall be subject to the following
provisions:
c) The maximum number of bedrooms shall be seven (7).
d) The minimum rear yard setback to a building or structure shall be
thirty (30) metres.
e) A 9.0 metre rear yard landscaping strip shall be provided along
the entire rear lot line consisting of 6.0 metres of existing
vegetation plus 3.0 metre deep new coniferous planting.
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f)
Parking shall be permitted in the rear yard, no closer than 9.0
metres from to the rear lot line.
g) A minimum 100 square metre outdoor recreational amenity area
shall be provided in the rear yard consisting of lawn, deck or
combination thereof; and
h) A minimum snow storage area of 35 square metres shall be
provided.
136
[ ZBA 2022-
55 ]
R1-2-136-
h41b
For these lands the following shall apply:
1) Single detached and semi-detached dwellings are the only
permitted dwellings types.
2) The maximum number of dwelling units shall not exceed 154
3) Short Term Accommodation uses shall not be permitted
4) For semi-detached dwellings, the following provisions shall apply:
a. Minimum Lot Area: 225 square metres
b. Minimum Lot Frontage: 10 metres
i)
Minimum Exterior Side Yard: 2.4 metres
137
[ ZBA 2022-
81 ]
R1-3-137
The maximum height shall be 9.5 metres and 2.5 storeys.
138
[ ZBA 2022-
40 ]
OS-138;
I-138
That a Refreshment Vehicle shall also be permitted use.
For the purposes of this exception zone a Refreshment Vehicle shall mean
any motor vehicle, trailer cart or similar vehicle or device used to serve
food for consumption. For the purposes of this definition, motor vehicle
shall not include as unassisted bicycle or tricycle operated by a single rider.
139
[ ZBA 2022-
88 ]
R1-1-139
The maximum height shall be 7.62m from finished flood elevation (FFE)
as indicated in Schedule A-2 and the Minimum lot frontage shall be 10
metres
140
[ ZBA 2022-
88 ]
R1-1-140
The maximum height shall be 7.62 metres from finished floor elevation
(FFE) as indicated in Schedule A-2.
141
[ ZBA 2022-
88 ]
R1-1-141
The minimum interior side yard shall be 4 metres.
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Special Provisions
142
[ ZBA 2023-
05 ]
R1-2-142-
h4a-h41
Short Term Accommodation Units shall be prohibited
143
[ ZBA 2023-
05 ]
R2-143-
h4a-h41
Only semi-detached dwellings, home child care, accessory apartments,
and accessory uses thereto, shall be permitted. Accessory apartments
shall only be permitted in the semi-detached dwellings. Short Term
Accommodation Units shall be prohibited.
146
R1-1-146-
h41
R2-146-h41
For these lands the following provisions shall apply:
-
Minimum front yard: 6.0m, except where an attached private
garage is provided, where the front of the dwelling, excluding the
attached private garage, may be 4.5m from the front lot line;
-
Notwithstanding any other provision of this By-law:
o
Decks, residential patios, porches, or other buildings or
structures shall not be permitted to encroach into the
required front yard; and
o
Uncovered or unenclosed decks, porches, and residential
patios shall be permitted to encroach a maximum of 3.5
metres into the required rear yard.
The R1-3 provisions shall be modified as follows:
-
Maximum lot coverage: 40%, except where a dwelling does not
exceed 1.5 storeys, maximum lot coverage shall be 45%;
-
Maximum height: 9.5m;
-
In no instance shall the footprint of the main building be permitted
to exceed 400 square metres; and
-
For those lots abutting the Georgian Trail, a 3-metre planting strip
shall be required along the rear lot line, using existing vegetation
and natural growth where applicable.
The R2 provisions shall be modified as follows:
-
Minimum rear yard: 6.0m.
All other provisions of the R1-3 and R2 zones shall apply.
148
[ZBA 2024-
24]
C1-148-h21 For these lands the following provisions shall apply:
-
Minimum exterior side yard: 1.5m
-
Minimum rear yard: 3.0m
-
Notwithstanding Special Provision 1 of Table 7.1, a maximum of
two dwelling units shall be permitted on the ground floor, provided
these units are maintained as dwelling units in perpetuity.
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149
[ZBA 2024-
22]
R1-1-149
For these lands, the following provisions shall apply:
-
Minimum front yard: 8.0 metres
-
Minimum setback of a dwelling from the 177.9 metre G.S.C.
elevation adjacent to Georgian Bay: 7.0 metres
-
Minimum setback of a deck from the 17.9 metre G.S.C. elevation
adjacent to Georgian Bay: 4.0 metres
-
Retaining walls greater than 1m in height shall be permitted to be
located within the front, interior side, and rear yards, with a
minimum setback of 0.0 metres from each lot line.
-
Maximum height (storeys): 3 storeys
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PART 10.0
HOLDING PROVISIONS
10.1 HOLDING PROVISIONS
Notwithstanding any other provision in this By-law, where a Zone
symbol is followed by the letter "-h" and a number - for example
RU-h1 no person shall use or permit the use of the land to which
the letter "-h" applies for any use other than the use which legally
existed on the date the By-law applying the holding provision came
into effect until the Hold "-h" is removed in accordance with the
provisions of the Holding "-h", policies of the Official Plan and the
Planning Act, as amended.
Council may pass a By-law pursuant to Section 36 of the Planning
Act, as amended to remove the Holding "-h" Symbol, thereby
placing the lands in the zone indicated by the zone symbol, when
all of the applicable requirements have been met. For the purposes
of this By-law, a number of distinct holding provisions have been
applied as set out in Section 10.3 for area specific holding
provisions and Table 10.1, below.
10.2
SITE-SPECIFIC OR AREA-SPECIFIC HOLDING
PROVISIONS
10.2.1
Holding Provision (h1) - Lands Adjacent to
Wetland Zone
The Holding (h1) provision applying to lands within 120.0 metres of
the Wetland (W) Zone and those lands within 30 metres of Locally
Significant Wetlands. The Holding (h1) may be lifted if a
Development Permit and/or exemption has been obtained from the
Grey Sauble Conservation Authority, Nottawasaga Valley
Conservation Authority, an approval has been obtained from the
Grey Sauble Conservation Authority or Nottawasaga Valley
Conservation Authority, and provided the proposed development
will not have a negative impact on the wetland and its associated
ecological functions.
Any development application that requires a building permit within
the area shown as subject to this Hold shall be required to submit
this assessment, with the following exceptions:
1.
Reconstruction or replacement of existing dwellings; and,
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2.
Additions and alterations to existing dwellings provided that
the additions or alterations are not located closer to the
feature than the existing dwelling.
10.2.2
Holding Provision (h2) - Areas of Natural and
Scientific Interest (ANSI - Life Science) and
Adjacent Lands
The Holding (h2) provision applying to Areas of Natural and
Scientific Interest (ANSI - Life Science) identified in the Official
Plan and lands within 50.0 metres of the ANSI - Life Science may
be lifted if a Development Permit and/or exemption has been
obtained from the Grey Sauble Conservation Authority or its
successor, an approval has been obtained from the Grey Sauble
Conservation Authority or the Nottawasaga Valley Conservation
Authority and provided the proposed development will not have a
negative impact on the ANSI and its associated ecological
functions.
Any development application that requires a building permit within
the area shown as subject to this Hold shall be required to submit
this assessment, with the following exceptions:
1.
Reconstruction or replacement of existing dwellings; and,
2.
Additions and alterations to existing dwellings provided that
the additions or alterations are not located closer to the
feature than the existing dwelling.
10.2.3
Holding Provision (h3) - Landfill Sites
The Holding (h3) provision applying to closed or open landfill sites,
as identified in the Official Plan, may be lifted once a study has
been prepared by a qualified engineer and submitted for review in
accordance with the Ministry of the Environment, Conservation and
Parks Guideline D-4, indicating that the lands to be developed are
secure from potential methane gas and/or leachate migration from
the landfill site or what remedial measures or conditions are
required prior to any development approval being granted.
This provision applies to lands within defined assessment areas
from the fill area of a closed waste disposal site identified in
Environmental Impact Studies prepared in July 2010 for the
Thornbury Closed Landfill site and Clarksburg Closed Landfill
site. This Hold will be lifted upon receipt of an assessment report
prepared by a qualified engineer in accordance with Guideline D-4
(April 1994) of the Province of Ontario or its successor.
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Any development application that requires a building permit within
the area shown as subject to this Hold shall be required to submit
this assessment, with the following exceptions:
1.
Reconstruction or replacement of existing dwellings;
2.
Additions and alterations to existing dwellings; and,
3.
Construction of accessory buildings or structures.
10.2.4
Holding Provision (h4a and h4b) - Lands Within
Source Water Protection Areas
The Holding (-h4a) provision applies to significant drinking water
threats within Water Intake Protection Zones / Events Based Areas
(EBAs) EBA-50,000 and EBA-100,000. The (-h4a) provision
prohibits land uses which include the handling and storage of more
than 50,000 litres of fuel and 100,000 litres of fuel. The (-h4a)
provision may be lifted once it is determined through a risk
assessment under the Clean Water Act, 2006 is completed
demonstrating that the proposed development does not pose a risk
to source water areas.
The Holding (-h4b) provision applies to significant drinking water
threats within Wellhead Protection Areas (WHPAs). The (-h4b)
provision prohibits the following land uses:
- Waste disposal sites within the meaning of Part V of the
Environmental Protection Act;
- The establishment, operation or maintenance of a system that
collects, stores transmits, treats or disposes of sewage;
- The application of agricultural source material to land;
- The storage of agricultural source material;
- The management of agricultural source material;
- The application of non-agricultural source material to land;
- The handling and storage of non-agricultural source material;
- The application of commercial fertilizer to land;
- The handling and storage of commercial fertilizer;
- The application of pesticide to land;
- The handling and storage of pesticide;
- The application of road salt;
- The handling and storage of road salt;
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- The storage of snow;
- The handling and storage of fuel;
- The handling and storage of a dense non-aqueous phase liquid
(DNAPL);
- The handling and storage of an organic solvent;
- The management of runoff that contains chemicals used in the
de-icing of aircraft;
- The use of land as livestock grazing or pasturing land, an
outdoor confinement area or farm-animal yard.
The (-h4b) provision may be lifted once it is determined through a
risk assessment under the Clean Water Act, 2006 is completed
demonstrating that the proposed development does not pose a risk
to source water areas.
10.2.5
Holding Provision (h5) - Lands Adjacent to a
Municipal Waste Water Facility
The Holding (h5) provision applies to land uses and development
which may be sensitive to the odours, noise and other
contaminants within 100 metres of a municipal wastewater facility
(sewage treatment plant). The Holding Provision (h5) may be lifted
once it is determined through relevant study to address the current
and future impacts and to assess appropriate design, buffering and
separation distances in conformity with the Ministry of Environment
and Climate Change guidelines to the satisfaction of the County of
Grey and Town of The Blue Mountains.
10.2.6
Holding Provision (h6) - Lands Subject to a Future
Plan of Subdivision
The Holding (h6) provision applies to lands that have received
Zoning Approval and Draft Plan Approval for a future Plan of
Subdivision. The Holding Provision (h6) may be lifted upon the
following:
i)
Execution of a Subdivision Agreement
ii)
Registration of a Plan of Subdivision.
10.2.7
Holding Provision (h7) - Lands Subject to a Future
Site Plan or Plan of Condominium
The Holding (h7) provision applies to lands that have received
Zoning Approval and/or Draft Plan Approval for a future Plan of
Condominium. The Holding Provision (h7) may be lifted upon the
following:
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iii)
Execution of a Development Agreement
iv)
Granting of Site Plan Approval or the Registration of a Plan
of Condominium.
10.3
SITE-SPECIFIC HOLDING PROVISIONS
Table 10.1 - Site-specific Holding Provisions
Holding
Number
Zone
Conditions for Removal
h8
R1-1-43-h8
i.
Granting of Site Plan Approval
ii.
Execution of Development Agreement
iii.
Identification of a suitable building envelope in
consultation with the Grey Sauble Conservation
Authority and Niagara Escarpment Commission
h9
OS-h9
i.
Completion of a Parks Management Plan
h10
REC3-92-h10
The holding '-h' symbol shall not be removed from any part of
these lands until the following has been completed:
i.
Execution of a Master Development Agreement,
ii.
Approval by the Grey Sauble Conservation Authority of a
watercourse relocation permit and construction thereof in
accordance with the regulations under the Conservation
Authorities Act,
iii.
Approval of a Traffic Impact Study by the Town, County
of Grey and Ministry of Transportation.
The holding '-h' symbol shall not be removed in parts of
these lands until such time as the following has been
completed:
i.
Site Plan Approval and the execution of of a
Development Agreement
ii.
Approval of a slope stability study by the Grey Sauble
Conservation Authority for any building or structure
located on or within 7.5 metres of the ridge identified as
a Special Policy Area
iii.
A market study has been prepared and accepted by the
Town that supports the number of Commercial Resort
Units being considered under a Site Plan Approval
and/or Plan of Condominium.
Prior to the removal of the holding '-h' symbol, one temporary
Horse Show event not to exceed three weeks in a calendar
year ad with no new permanent buildings or structures may be
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Holding
Number
Zone
Conditions for Removal
permitted subject to the granting of Site Plan Approval and the
execution of a Site Plan Agreement by the Town.
h11
M3-h11
Execution of a Development Agreement in accordance with the
provisions of the Official Plan.
h12
R1-1-h12
Execution of a Development Agreement for the extension of
Arlberg Crescent and related works.
h13
R1-1-h13
i.
Execution of a Development Agreement for the
extension of Arlberg Crescent and related works
ii.
Installation of a public walkway and related works.
h14
R1-1-59-h14
i.
Execution of a Master Development Agreement,
ii.
Execution of Development Agreement,
iii.
Registration of a Plan of Subdivision.
h15
C6-59-h15
i.
Execution of a Master Development Agreement,
ii.
Granting of Site Plan Approval,
iii.
Execution of Development Agreement,
iv.
Completion of a Commercial Market Study supporting
the permitted commercial uses in excess of 2,000
square metres of gross floor area,
v.
Registration of a Plan of Subdivision
h16
I-59-h16
i.
Execution of a Master Development Agreement,
ii.
Granting of Site Plan Approval,
iii.
Execution of Development Agreement.
iv.
Registration of a Plan of Subdivision
h17
REC3-59-h17
i.
Execution of a Master Development Agreement,
ii.
Granting of Site Plan Approval,
iii.
Execution of Development Agreement,
iv.
Completion of a Parks Management Plan
h18
OS1-59-h
Completion of a Parks Management Plan
h19
DELETED
[ZBA 2023-55]
i.
Execution of a Master Development Agreement,
ii.
Execution of a Subdivision Agreement or Site Plan
Agreement,
iii.
Registration of a Plan of Subdivision or Granting of Site
Plan Approval.
iv.
Municipal Water and Sanitary Sewage capacity have
been confirmed as available to service the development.
h20
R1-1-h20
Completion of a geotechnical evaluation to ensure long term
slope stability prior to construction or re-development.
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Holding
Number
Zone
Conditions for Removal
h21
[ZBA
2024-24]
R2-h21
C1-148-h21
i.
Granting of Site Plan Approval,
ii.
Execution of Development Agreement
h22
R2-h22
i.
Execution of Development Agreement,
ii.
Registration of a Plan of Subdivision,
iii.
Registration of a Plan of Condominium
h23
R2-77-h23
i.
Granting of Site Plan Approval,
ii.
Execution of Development Agreement,
iii.
Relocation of watercourse,
iv.
Completion of a Stormwater Management Plan to the
satisfaction of the Grey Sauble Conservation Authority.
h24
C3-93-h24
An amending by-law to remove the 'h24' symbol in whole or in
part shall be enacted, by amending by-law, to eliminate the
restriction on the number of off-site Short Term
Accommodation and Commercial Resort Units that can be
checked-in from this land may be enacted once Council is
satisfied that a Parking Study is undertaken that demonstrates
that the checking-in of additional off-site Short Term
Accommodation and Commercial Resort Units can be
accommodated on this land without any significant impact on
on-site parking, on-site site circulation or parking on adjacent
lands. Prior to the removal of the 'h24' symbol the Subject
Lands may be used for the check-in of a maximum of 125 off-
site Short Term Accommodation and Commercial Resort Units.
Subsequent to the removal of the 'h24' symbol, the Subject
Lands may be used for the check-in of any number of off-site
Short Term Accommodation and Commercial Resort Units."
h25
C2-87-h25
i.
Granting of Site Plan Approval,
ii.
Execution of Development Agreement,
iii.
Completion of a Parking Management Plan.
h26
R1-1-46-h26
i.
Registration of a Plan of Subdivision
ii.
Restoration of the cobble berm and/or flood proofing to
the satisfaction of the Town in consultation with the Grey
Sauble Conservation Authority
h27
R2-103-h27;
R2-104-h27
i.
Execution of a Subdivision Agreement;
ii.
Registration of a Plan of Subdivision;
iii.
Execution of a Section 37 Agreement;
iv.
Execution of a Site Plan Agreement with respect to the
proposed Condominium Block 10; and
v.
Substantial completion of the External SWM Works.
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Holding
Number
Zone
Conditions for Removal
Notwithstanding the above requirements, a maximum of six (6)
model homes may be constructed prior to the removal of the '-
h' symbol, provided that the owner enters into a model home
agreement to the satisfaction of the Town of The Blue
Mountains.
h28
OS-108-h28
i.
Execution of an agreement in accordance with Section
D2.3.3 of the Official Plan 2016, as amended.
h29
R3-109-h29
i.
The execution of a Site Plan Agreement under Section
41 of the Planning Act;
ii.
The execution of a Bonusing Agreement under Section
37 of the Planning Act.
h30
R1-1-h30
i.
Execution of a Subdivision Agreement
ii.
Registration of a Plan of Subdivision
h31
R1-1-h31
i.
Confirmation that a road connection is or is not required
between Woodland Park Road and the Subject Lands
through an approved Addendum Environmental
Assessment.
h33
R2-11-h33
i.
The Town has granted Site Plan Approval
ii.
Execution of a Site Plan Agreement with the Town to
ensure the development proceeds in accordance with
the approved plans and drawings.
h34
RU-9-h34
Confirmation of the Owner's primary residence is provided, to
the satisfaction of the Town of The Blue Mountains
h36
[ ZBA
2020-80 ]
R2-122-h36
1. Execution of a Subdivision Agreement
2. Registration of a Plan of Subdivision
3. Execution of a Site Plan Agreement
h37
[ ZBA
2020-41 ]
R1-1-124-h37
i.
The Owner shall provide confirmation that home
insurance can be obtained for the proposed dwelling
unit; and
ii.
The Owner shall enter into a legally binding agreement
with the Town addressing matters, such as, but not
limited to:
a. That the owner acknowledges that the lot fronts onto a
seasonal road that is not maintained year-round by
the Town;
b. That the owner acknowledges and agrees that the
Town does not and is not required to perform winter
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135
Holding
Number
Zone
Conditions for Removal
maintenance or snowplowing of the said road or street
and that the owner will be responsible for winter
plowing and maintenance of the street;
c. That the owner acknowledges and agrees that
municipal services, including winter road
maintenance, are not available to the subject lands
and that emergency response may be impacted as
access is via a non-maintained seasonal road;
d. That the owner acknowledges and agrees that the
Town will not be providing regular services or other
winter maintenance of the road unless it is improved
or upgraded to the local municipal standard then in
force;
e. That the owner acknowledges and agrees that
municipal waste collection is not available to the
subject lands. The owner is required to place garbage
bins at the intersection of Hamlet Road and Scandia
Lane on collection day in order to receive municipal
waste collection;
f.
That the owner acknowledges and agrees that the
Town is not liable for any injuries, losses, or damages
as a consequence of the owner developing a lot
without frontage on an improved public road despite
being issued a building permit(s);
g. That the owner acknowledges and agrees that the
lands shall be provided an adequate potable water
supply at the sole expense of the owner, to the
satisfaction of the Town of The Blue Mountains;
h.
That the owner acknowledges that Short Term
Accommodation Uses are not permitted on the subject
lands, in accordance with the Town of The Blue
Mountains Zoning By-law 2018-65, as amended;
i.
That the agreement shall be registered on the title of
the lands at the expense of the owner; and
j.
That this agreement is binding on all successors and
assigns.
h38
[ ZBA
2021-12 ]
DELETED
[ZBA 2023-83]
i.
Execution of a Subdivision / Condominium Agreement
ii. Lifting of 0.3 metre Reserve (Block 47, Plan 16M-24)
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Holding
Number
Zone
Conditions for Removal
h39
[ ZBA
2021-95 ]
H-h39
These lands are proposed to be a re-channelized floodway of a
maximum width of 30m, inclusive of any buffer lands, required
to convey natural hazard (flooding) events.
The holding '-h' symbol shall not be removed from these lands
until such time as the following has been completed to the
satisfaction of the Town:
i.
Acceptance of the recommendations of an updated
Floodplain Analysis, if required, in consultation with the
GSCA including erosion hazard setbacks.
ii.
Acceptance of the recommendations of an updated
Environmental Impact Assessment (EIS), if required, in
consultation with the GSCA.
iii.
The re-channelized watercourse must be accompanied
by a naturally vegetated buffer on both sides of the
watercourse and be designed by a geomorphologist in
consultation with an engineer.
The issuance of a permit for the site alteration as required for
the re-channelized floodway works and associated buffers and
adequate erosion hazard setbacks by the GSCA and the Town,
and in consultation with Fisheries and Oceans Canada (DFO)
and the Ministry of the Environment, Conservation and Parks
(MECP).
h40
[ ZBA
2021-95 ]
D-h40
These lands are currently subject to natural hazard (flooding)
events.
The holding '-h' symbol shall not be removed from these lands,
and no development shall take place except for site alteration
authorized by permit, until such time as the following has been
completed to the satisfaction of the Town:
i.
That the site alteration as required for the re-
channelization of a floodway to convey natural hazard
(flooding) events within the Hazard (H) zoned lands
abutting to the south have been constructed and that the
new hazard limits of the re-channelized works have been
accepted by the GSCA.
h41
[ ZBA
2021-58 ]
[ ZBA
2022-55 ]
R2-128b-h41
R2-129b-h41
R1-2-136-h41
R1-1-139-h41
R1-1-140-h41
i)
Execution of a Subdivision Agreement with the Town.
ii) Registration of a Plan of Subdivision
iii) Municipal Water and Sanitary Sewage capacity have been
confirmed as available to service the development.
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137
Holding
Number
Zone
Conditions for Removal
[ ZBA
2022-88 ]
[ ZBA
2023-05 ]
[ZBA
2024-08]
R1-1-141-h41
R1-2-142-h41
R2-143-h41
R1-3-146-h41
R2-146-h41
For those lands located at Part Lot 17, Concession 1 (Blue
Vista) a maximum of four {4) model home{s) may be
constructed prior to the removal of the Holding '-h' Symbol
provided that the owner enters into a Model Home Agreement
to the satisfaction of the Town of The Blue Mountains.
h42
[ZBA
2024-23]
R1-1-h42
i.
Satisfaction of the Town that a proposed
development supports future reconstruction of Old
Lakeshore Road to an urban cross section;
ii.
Satisfaction of the Town that there is sufficient
servicing capacity to accommodate any proposed
development, and that:
a. A proposed development can be adequately
connected to the existing watermain, including
for firefighting purposes; or
b. That a new watermain has been installed from
Camperdown Road to Wensley Street, along
Old Lakeshore Road.
h47
[ZBA
2024-30]
R1-1-h47
The holding '-h' symbol shall not be removed from these lands,
and no development, other than any required development
related to the fulfilment of the provisions below, shall take place
until the Town is satisfied of the following:
-
Confirmation and allocation of Municipal Water and
Sanitary Sewage Treatment and conveyance capacity
to the satisfaction of the Town of The Blue Mountains;
-
That mitigation measures identified in the
Environmental Impact Study (EIS) completed by Birks
Natural Heritage Consultants, Inc., dated March 14,
2022, are implemented, as required, to the satisfaction
of the Town and other relevant agencies as required;
-
That sediment and erosion control plan will be
prepared to the satisfaction of the Town and other
relevant agencies as required;
-
That restoration and setback enhancement plan for the
enhancement area be prepared to the satisfaction of
the Town and other relevant agencies as required; and
-
That a site plan be prepared showing the location of
the permanent fence (for the purposes of protecting the
adjacent woodlands and wetland setback from future
encroachment).
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PART 11.0
TEMPORARY USES
11.1
TEMPORARY USES
Where on Schedule(s) to this By-law, a zone symbol is followed by
the letter "t", a number for example RU-t1 -, one or more additional
but temporary uses are permitted on the lands noted until the
permission granted by the site specific Temporary Use By-law
expires in accordance with the policies of the Official Plan and
Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
Table 11.1, below, identifies the Temporary Use Zones within the
Municipality.
Table 11.1 - List of Temporary Use Zones
Temporary Use
Number
Zone
Temporary Use Provisions
Date
Enacted
Date
Expires
t1a
D-t1a
These lands may also be used as a
shelter for cats within the existing
dwelling for a temporary period not
to exceed three (3) years.
Oct. 16,
2017
Oct. 16,
2020
t1b
[ ZBA 2022-41 ]
SA-t1b
OS-t1b
C1-t1b
C4-t1b
That a Refreshment Vehicle shall
also be permitted use.
For the purposes of this exception
zone a Refreshment Vehicle shall
mean any motor vehicle, trailer cart
or similar vehicle or device used to
serve food for consumption. For the
purposes of this definition, motor
vehicle shall not include as
unassisted bicycle or tricycle
operated by a single rider.
May 10,
2022
May 10,
2025
t2
[ ZBA 2019-32 ]
SA-t2
A trailer may be used as a dry
building for the purposes of office
space, and a maximum of two
shipping containers may be used
as outdoor storage on the lands for
a period not to exceed three (3)
years.
July 15,
2019
July 15,
2022
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PART 12.0
INTERIM CONTROL BY-LAWS
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PART 13.0
ENACTMENT
13.1
FORCE AND EFFECT
This By-law shall come into force and take effect upon the
enactment thereof in accordance with the Planning Act, R.S.O.
1990, c.P.13, as amended
13.2
ENACTMENT
This By-law is enacted and passed this 29th day of November,
2018.
_______________________
Corrina Giles, Clerk
_______________________
John McKean, Mayor
I hereby certify that the foregoing is a true copy of By-law No. 2018-
65 as enacted by the Council of The Corporation of the Town of
The Blue Mountains on the 29th day of November, 2018.
Dated at the Town of The Blue Mountains, this 29th day of
November, 2018.
_______________________
Corrina Giles, Clerk