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TOWN OF THESSALON
COMPREHENSIVE ZONING BY-LAW 2510
Approved October 17, 2022 by By-law 2510
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Zoning By-law 2510
TOWN OF THESSALON
COMPREHENSIVE ZONING BY-LAW
TABLE OF CONTENTS
SECTION 1
ADMINISTRATION ...................................................... 1
1.1
Title ......................................................................................... 1
1.2
Applications and Plans ................................................................ 1
1.3
Certificate of Occupancy Change of Use ........................................ 2
1.4
Defined Area ............................................................................. 2
1.5
Enforcement ............................................................................. 2
1.6
Inspection of Land, Buildings and Structures ................................. 2
1.7
Penalty .................................................................................... 3
1.8
Repeal and Relationship to Former By-laws................................... 3
1.9
Validity .................................................................................... 3
1.10
Other By-laws, Licenses, Permits and Regulations ....................... 3
1.11
Conflict .................................................................................. 4
1.12
Interpretation ........................................................................ 4
1.13
Effective Date ........................................................................ 5
1.14
Unlawful Uses ........................................................................ 5
1.15
Responsibility to Confirm Compliance or Conformity .................... 5
SECTION 2
CONFORMITY REQUIREMENTS.................................... 6
SECTION 3 DEFINITIONS .............................................................. 7
SECTION 4
GENERAL PROVISIONS ............................................. 56
4.1
Accessory Buildings, Structures and Uses ................................... 56
4.2
Auto Service Station, Car Wash, Gasoline Bar or Gasoline Card Lock
Facility ........................................................................................... 58
4.3
Bed and Breakfast Establishment .............................................. 60
4.4
Buildings to be Moved .............................................................. 60
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Zoning By-law 2510
4.5
Change of Use ........................................................................ 60
4.6
Converted Dwellings and Basement Apartments Accessory Dwelling
Units ............................................................................................. 61
4.7
Cumulative Standards .............................................................. 62
4.8
Dwelling Units Below Grade ...................................................... 62
4.9
Accessory Dwelling Unit in a Non-Residential Building or on a Non-
Residential Lot ................................................................................. 62
4.10
Fences ................................................................................ 63
4.11
Flood Plain Elevation ............................................................. 63
4.12
Frontage on a Public Street or Private Road and Exemptions ...... 64
4.13
Garden Suite ........................................................................ 64
4.14
Group Homes ....................................................................... 65
4.15
Height Exceptions ................................................................. 65
4.16
Home Based Businesses ........................................................ 66
4.17
Keeping of Animals ............................................................... 68
4.18
Kennels ............................................................................... 69
4.19
Land Suitability For Use ......................................................... 69
4.20
Landscaped Area .................................................................. 69
4.21
Licenses, Permits and Other By-laws ....................................... 71
4.22
Loading Space Requirements ................................................. 72
4.23
Minimum Distance Separation, Influence Areas and Special
Setbacks ........................................................................................ 73
4.24
Non-Conforming and Non-Complying Uses ............................... 75
4.25
Outdoor Sales and Displays.................................................... 78
4.26
Parking and Storage of Vehicles ............................................. 78
4.27
Parking Requirements (Schedule) ........................................... 82
4.28
Permitted Projections ............................................................ 87
4.29
Prohibited Uses .................................................................... 89
4.30
Recreational Vehicles ............................................................ 90
4.31
Sight Triangle....................................................................... 90
4.32
Signs .................................................................................. 91
4.33
Streets and Parks ................................................................. 91
4.34
Swimming Pools ................................................................... 91
4.35
Temporary Buildings or Structures During Construction ............. 92
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Zoning By-law 2510
4.36
Through Lots ........................................................................ 93
4.37
Truck, Bus, Coach and Other Occupancy Restrictions ................ 93
4.38
Use by Public Authority or Public Utility ................................... 93
4.39
Water Supply and Sewage Disposal Services ............................ 94
4.40
Yards .................................................................................. 94
4.41
Zones.................................................................................. 94
SECTION 5
ZONES ...................................................................... 95
5.1
Zone Classification ................................................................... 95
5.2
Use of Zone Symbols ............................................................... 96
5.3
Holding "H" Designation ........................................................... 96
5.4
Interpretation of Zone Boundaries ............................................. 96
6.0
RESIDENTIAL FIRST DENSITY (R1) ZONE ................................... 98
7.0
RESIDENTIAL SECOND DENSITY (R2) ZONE ............................. 101
8.0
MULTIPLE RESIDENTIAL (R3) ZONE ......................................... 106
9.0
GENERAL COMMERCIAL (C1) ZONE ......................................... 109
10.0
HIGHWAY and TOURIST COMMERCIAL (C2) ZONE .................. 111
11.0
MARINE COMMERCIAL (C3) ZONE ......................................... 113
12.0
GENERAL INDUSTRIAL (M1) ZONE ........................................ 114
13.0
INSTITUTIONAL (I) ZONE .................................................... 116
14.0
OPEN SPACE (OS) ZONE ...................................................... 118
15.0
ENVIRONMENTAL PROTECTION (EP) ..................................... 120
16.0
RURAL (RU) ZONE .............................................................. 121
17.0
HAZARD (HZ) ZONE ............................................................ 122
18.0
ISLAND (ISL) ZONE ............................................................ 123
Schedule A - Zone Schedule
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List of Figures:
Figure 1: Basement and Crawlspace
Figure 2: Buffer Strip
Figure 3: Building Envelope
Figure 4: Building Height
Figure 5: Main Building
Figure 6: Dwelling Types
Figure 7: Four-plex Dwelling
Figure 8: Flood Plain
Figure 9: Illustrations of Lots
Figure 10: Illustrations of Lot Lines
Figure 11: Sight Triangle
Figure 12: Illustration of Yards
Figure 13: Illustration of Yard with No Rear Lot Line
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Zoning By-law 2510
SECTION 1
ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the
By-law. It names the By-law, states its relationship with other by-
laws, defines the area to which it applies, how it is to be enforced, etc.
In essence, it identifies the legal parameters within which the By-law
functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2510
of the Corporation of the Town of Thessalon.
1.2
Applications and Plans
In addition to the requirements of any Building By-law, every
application for a building permit shall be accompanied by a plan,
drawn to scale and showing the following:
a) the true dimensions and/or legal description of the lot to be built
upon or otherwise used;
b) the proposed location, height and dimensions of any building,
structure or use proposed for such lot;
c) the proposed location, height and dimensions of yards, landscaping,
parking areas and loading spaces required by this By-law;
d) the location of all existing buildings or structures on the lot,
including the lot area, lot coverage of existing and proposed
structures; and,
e) a statement, signed by the owner or designate disclosing the exact
use of all existing and proposed uses of land, buildings or structures
and such other information as may be required to determine
whether the uses conform with the requirements of this by-law.
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Zoning By-law 2510
1.3
Certificate of Occupancy Change of Use
No change may be made in the type of use of any lot covered by this
By-law or of any building or structure on any such lot or of any part of
such lot, building or structure, unless the proposed change complies
with this By-law.
1.4
Defined Area
The provisions of this By-law shall apply to all lands within the
municipal boundaries of the Corporation of the Town of Thessalon,
which shall include lands under water intended to be utilized for land
uses accessory to abutting uplands by private landowners.
1.5
Enforcement
This By-law shall be administered by the Chief Building Official or such
other person as may from time to time be designated by Council, and
no permit for the use of land or for the erection or use of any building
or structure or approval of application for any municipal license within
the jurisdiction of the Council shall be issued or given where the
proposed building, structure or use would be a violation of any
provision of this By-law.
1.6
Inspection of Land, Buildings and Structures
a) Subject to Section 49 of the Planning Act, where an officer believes
on reasonable grounds that a by-law passed under Section 34 or 38
of the Planning Act is being contravened, the officer or any person
acting under his or her instructions, may at all reasonable times,
and upon producing proper identification, enter and inspect any
property on or in respect of which he or she believes the
contravention is occurring.
b) Except under the authority of a search warrant issued under
Section 49.1 of the Planning Act, an officer or any person acting
under his or her instructions shall not enter any room or place
actually used as a dwelling unit without requesting and obtaining
the consent of the occupier, first having informed the occupier that
the right of entry may be refused and entry made only under the
authority of a search warrant.
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Zoning By-law 2510
c) No person shall obstruct or attempt to obstruct an officer or person
acting under the officer's instructions in the exercise of a power
under this Section.
1.7
Penalty
a) In the case where any building or structure is erected or altered, or
any part thereof is used, or any lot is used, in contravention of any
of the requirements of this By-law, such contravention may be
restrained by action at the insistence of any ratepayer or of the
Corporation pursuant to the provisions of the Municipal Act or the
Planning Act in that behalf.
1.8
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, By-law 1490
and any By-laws passed under Section 34 of the Planning Act to
amend By-law 1490 are hereby repealed.
The adoption of this By-law shall not prevent any pending or future
prosecution of, or action to abate any existing violation of the said By-
laws if the violation is also a violation of any of the provisions of this
By-law.
1.9
Validity
Should any Section or part of a Section of this By-law or Schedule
hereto be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the provisions of this By-law as a whole or
any part thereof other than the part declared to be invalid.
1.10 Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with
the requirements of any other By-law in force within the area affected
by this By-law, or from applying for and obtaining any permit, license,
permission, authority or approval required by this or any other By-law
or regulation of the Corporation or by any other law in force from time
to time.
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Zoning By-law 2510
1.11 Conflict
In the event of conflict between this By-law and amendments thereto,
and any general or special By-law, the most restrictive By-law shall
prevail.
1.12 Interpretation
a) Definitions
Definitions are given in this By-law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By-law.
They are not to be used to avoid an obligation imposed by the By-
law or any requirement enacted in a substantive provision of the
By-law.
b) Citation
This By-law may be cited by its long title ("A By-law to Regulate the
Use of Land, Buildings and Structures within the Town of
Thessalon"), its short title ("Town of Thessalon Zoning By-law No.
2510") or its by-law number, and any such citation is to be taken as
meaning the By-law as amended.
c) Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to
one gender includes the other.
d) Mandatory Language
The word "shall" is mandatory.
The words "used" and "occupied" shall include the words "arranged"
and "designed to be used or occupied" respectively.
e) Present and Future
Words used in the present include the future.
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Zoning By-law 2510
f) References
Appendices, footnotes, glossaries, headings, indices, marginal notes
and references to former enactments or enabling legislation after a
section or other division of the By-law, do not form part of the By-
law and are inserted for convenience of reference only.
g) Measurement Units
This By-law utilizes the metric system to establish measurements
when such measurements form part of a regulation or a
requirement.
1.13 Effective Date
This By-law shall take effect from the date of its passage by Council,
subject to the provisions of the Planning Act.
1.14 Unlawful Uses
Any use established in violation of a predecessor of this By-law shall
be deemed to have been established unlawfully and shall be in
violation of this By-law.
1.15 Responsibility to Confirm Compliance or Conformity
It shall be the responsibility of the landowner to confirm lawful
compliance or conformity with the regulations of this By-law and doing
so may require a landowner to provide proof of the lawful
establishment of a land use or to prepare a real property report
(survey) of the land and buildings. The Town is under no obligation to
confirm compliance or conformity of any land use or lot with the
regulations of this By-law.
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Zoning By-law 2510
SECTION 2
CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority and legitimacy of the By-
law. It is composed of three statements which require all land uses,
buildings and structures to conform with the zoning by-law.
2.1
No land, building or structure shall be used and no building or
structure shall be erected or enlarged or placed for any purpose within
the area defined by this By-law, except as specifically, or by necessary
implication, authorized by this By-law and in conformity with all the
applicable provisions of this By-law.
2.2
Subject to the granting of such minor variances as may be necessary,
no lands shall be severed from any existing lot if the effect of such
action is to cause the original, adjoining, remaining or new building,
structure, lot or use of land to be in contravention of any provision of
this By-law.
2.3
If a use does not take place within a building but occupies an area on
a property, and the regulation in this by-law requires the use to be in
a building, the requirement applies as though the area occupied by the
use was in a building
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Zoning By-law 2510
SECTION 3 DEFINITIONS
Abut
Shall mean having a common border with, or being separated from a
common border by a right-of-way, alley or easement.
Accessory Use, Building or Structure
When used to describe a use, building or structure, shall mean a use,
building or structure naturally or normally incidental, subordinate and
exclusively devoted to a main use, building or structure and located on
the same lot therewith.
Adult Entertainment Establishment
Shall mean any premises or any part of them is an adult entertainment
establishment if, in the pursuance of a business, (a) goods,
entertainment or services that are designed to appeal to erotic or
sexual appetites or inclinations are provided in the premises or part of
the premises, or (b) body-rubs, including the kneading, manipulating,
rubbing, massaging, touching or stimulating by any means of a
person's body are performed, offered or solicited in the premises or
part of the premises, but does not include premises or part of them
where 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 to do so under
the laws of the Province of Ontario.
Aggregate - see Mineral Aggregate
Agricultural uses
Shall mean the growing of crops, including nursery 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 accommodation for full-time farm labour when
the size and nature of the operation requires additional employment.
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Zoning By-law 2510
Agriculture-related uses
Shall mean those farm-related commercial and farm-related industrial
uses that are small scale and directly related to the farm operation and
are required in close proximity to the farm operation.
Alter
a) When used in reference to a building, structure or part thereof,
shall mean:
1. to change any one or more of the external dimensions of such
building or structure; or
2. to change the type of construction of the exterior walls or roof
of such building or structures; or
3. to change the use of such building or structure or the number
or types of uses or dwelling units contained therein.
b) When used in reference to a lot shall mean:
1. to change the boundary of such lot with respect to a street or
lane; or
2. to change any dimension or area, relating to such lot; or
3. to change the use of such lot or the number of uses located
thereon.
c) When used in reference to a shoreline shall mean:
1. to change, straighten, divert or interfere in any way with the
channel of any watercourse.
Amusement Arcade - see Place of Amusement
Animal Hospital - see Veterinary Establishment
Animal Shelter
Shall mean a use, building or structure or part thereof used for the
care of lost, abandoned, abused or neglected animals.
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Zoning By-law 2510
Artisan Shop or Studio - see Studio
Assembly Hall - see Place of Assembly
Attached
Shall mean a building or structure otherwise complete in itself which is
connected to, and which depends for structural support upon a division
wall or walls shared in common with an adjacent building or buildings.
Auditorium - see Place of Assembly
Automotive Body Shop
Shall mean a building with a service bay, where painting, refinishing,
restoration or repairs to the coachwork of motor vehicles are
performed for gain or profit.
Automotive Car Wash - see Car Washing Establishment
Automotive Commercial Garage - see Automotive Repair
Garage
Automotive Repair Garage
Shall mean a building used for the storage, repair and servicing of
motor vehicles, having at least one (1) service bay where repairs
essential to the actual operation of a motor vehicle are performed.
Automotive Sales Establishment
Shall mean a building and/or lot used for the display and sale of new
and used motor vehicles and may include the servicing, repair, and
cleaning of motor vehicles, the sale of automotive accessories and
related products and the leasing or renting of motor vehicles, but shall
not include any other automotive use defined in this By-law.
Automotive Service Station - see also Gasoline Bar or Gasoline
Card Lock Facility
Shall mean a building and/or lot used for the sale of fuels for vehicles
and may include the renting, servicing, repairing, lubrication, cleaning
and polishing of vehicles and the sale of automotive accessories and
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Zoning By-law 2510
related products, but shall not include any other automotive use
defined in this By-law.
Bake Shop
Shall mean a shop where products of a bakery are sold or offered for
sale by retail, including incidental baking of products for retail sale or
for wholesale on the premises only and may include a restaurant.
Bank
Shall mean a chartered bank, finance company office, co-op, trust
company, loan company or similar establishment.
Basement
Shall mean that portion of a building, between two floors, which is
partly underground but which has at least one-half of its height from
floor to ceiling above the adjacent finished grade but in no case shall
("C") be less than 6' 11" in height (see Figure 1).
Figure 1: Basement and Crawlspace
Bed and Breakfast Establishment
Shall mean a private dwelling designed to be used in part for the
short-term accommodation of the travelling or vacationing public,
containing therein four (4) or fewer suites or guest rooms.
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Zoning By-law 2510
Berm
Shall mean a landscaped mound of earth. (See also Landscaped
Open Space)
Bingo Hall
Shall mean a building or premise or part thereof used for bingo or a
bingo event and is duly registered under the Gaming Control Act and is
in compliance with municipal by-laws and approvals. (See also Place
of Amusement)
Boarder
Shall mean an individual other than a member of the family occupying
the dwelling unit or a part thereof who, for a consideration, is
furnished sleeping accommodation and may be furnished meals or
other services as part of the consideration.
Boarding House
Shall mean a dwelling in which not more than three habitable rooms
are used or maintained for the mid to long term accommodation of the
public, in which the owner resides on the premises and supplies
lodgings with or without meals for the persons so accommodated.
Boat House
A detached accessory building located in the shoreline setback or over
the water or partially on-land and over water, the primary purpose of
which is to store one or more vessel and is designed to have a
prominent lake-facing door to permit easy ingress and egress of a
vessel. A boathouse shall not include habitable space nor any
accessory deck, dock, balcony or rooftop patio.
Buffer Strip
Shall mean an area to be used for the purpose of screening land,
buildings, land uses or other structures by the planting and
maintenance of trees or shrubs or by the construction and
maintenance of a berm or fence, or a compatible intervening use that
serves the foregoing purpose (see Figure 2).
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Zoning By-law 2510
Figure 2: Buffer Strip
Building
Shall mean any structure used or intended for sheltering any use or
occupancy. The word "building" shall include the whole of such
structure or part thereof and shall include any building types as
regulated by the Ontario Building Code.
Building Envelope
Shall mean the buildable area on a lot, as determined by all of the
required yards and setbacks and applicable regulations of this By-law
(see Figure 3).
Figure 3: Building Envelope
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Zoning By-law 2510
Building Height
Shall mean the vertical distance between the average finished grade at
the base of the building and in the case of a flat roof, the highest point
of the roof surface or parapet wall, whichever is the highest, or in the
case of all other types of roofs, the mean height level between the
base of the roof and highest point of the roof (see Figure 4).
Figure 4: Building Height
Building Line - see Established Building Line
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Zoning By-law 2510
Building, Main
Shall mean the building designed or used for the principal use on the
lot (see Figure 5)
Figure 5: Main Building
Building Setback, see Setback
Building Supply Store
Shall mean a building where building supplies such as lumber,
millwork, siding, roofing, plumbing, electrical, heating, air
conditioning, home improvement and similar goods are stored,
displayed, or kept for retail sale. This definition shall not include a
lumber yard or a salvage yard.
Business Office - see Office
Campground
Shall mean a commercial business operating on an area of land
providing short term, recreational accommodation for tents, tent
trailers, recreational vehicles or campers but shall not include mobile
homes or a mobile home park and may include accessory uses such as
a laundromat, convenience store, sale of propane fuels and
recreational uses for persons using the campground where a fee is
charged or paid for such accommodation.
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Zoning By-law 2510
Campsite
Shall mean a plot or parcel of land within a campground intended for
the exclusive temporary occupancy by a recreational vehicle, tent or
similar transportable accommodation together with all yards and open
space and may include on-site services such as a fire pit, hydro, water
and sewage disposal.
Cannabis
means:
a. A Cannabis plant including hemp or industrial hemp;
b. Any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant, regardless of whether that
part has been processed or not;
c. any substance or mixture of substances that contains or has on it
any part of such a plant; and
d. any substance that is identical to any phytocannabinoid produced
by, or found in, such a plant, regardless of how the substance was
obtained.
Cannabis Facility
Shall mean a building or buildings, designed, used, or intended to be
used for one or more of the following: cultivation, growing, cloning,
propagation, production, processing, harvesting, testing, alteration,
destruction, storage, research packaging, shipment or distribution of
cannabis in accordance with applicable Federal law and regulation but
does not include a building or part thereof solely designed, used, or
intended to be used for the retail sale of cannabis.
Car Port
Shall mean a structure open on at least two sides and intended to be
used for the sheltering of one or more motor vehicles.
Car Washing Establishment
Shall mean a building or portion thereof used for washing or cleaning
of motor vehicles for gain, and may include the sale of gas and oil to
its customers.
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Zoning By-law 2510
Cemetery
Shall mean the land that is set apart or used as a place for the
internment of the deceased or in which human bodies have been
buried.
Chief Building Official
Shall mean an officer or employee of the Corporation of the Town of
Thessalon appointed by by-law to administer the Building Code Act.
Child Care Centre
Means a premises operated by a person licensed under the Child Care
and Early Years Act, as amended.
Child Care, Home
Means a home occupation operated in accordance with Section 6(2) of
the Child Care and Early Years Act, as amended.
Church - see Place of Worship
Clinic
Shall mean a building used solely for the purpose of consultations,
diagnosis and treatment of patients, by two (2) or more legally
qualified physicians, dentists, optometrists, chiropodists, chiropractors
or drugless practitioners, together with their qualified assistants and
without limiting the generality of the foregoing, the building may
include administrative offices, waiting rooms, laboratories, pharmacies
or dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms for major
surgery.
Club - see Private Club (See also Recreational Commercial
Establishment)
Commercial Greenhouse
Shall mean a building used for the growing of flowers, vegetables,
shrubs, trees, and similar vegetation for wholesale or retail sale. This
definition shall not include any premises for the growing of mushrooms
or cannabis.
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Zoning By-law 2510
Commercial Vehicle
Shall mean a motor vehicle having permanently attached thereto a
truck or delivery body and includes ambulances, hearses, fire
apparatus, police patrols, motor buses and tractors used for hauling
purposes on the highway.
Communications Facility
Shall mean an installation which transmits, receives and/or relays
communications such as a microwave relay tower, telephone or
telegraph line, cellular telephone tower, radio or television broadcast
tower or similar facility.
Community Centre
Shall mean any parcel of land or building(s) used for community
activities whether used for commercial purposes or not, and the
control of which is vested in the municipality, a local board or agent
thereof. (See also Place of Assembly)
Conservation Use
Shall mean the use of lands which are intended to remain open in
character with the priority use given to preservation of their ecological
uniqueness, wildlife production and their natural features and may
include non-commercial recreational uses only if conservation of the
resource is not jeopardized.
Construction Yard or Contractor's Yard
Shall mean the yard of a building contractor or company used as a
depot for the storage and maintenance of equipment used by the
contractor or company, and may include facilities for the
administration or management of the business and the stockpiling or
storage of supplies used in the business, but does not include the
crushing of virgin or recyclable aggregates or materials and the
wholesale or retail sale of building supplies or home improvement
supplies.
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Zoning By-law 2510
Convenience Store
Shall mean a building or part of a building used primarily for the sale
of grocery and confectionary items and incidentally for the sale of such
other merchandise as is required to fulfil the day-to-day needs of a
surrounding community.
Corporation
Shall mean the Corporation of the Town of Thessalon.
Council
Shall mean the Council of the Corporation of the Town of Thessalon.
Crawlspace
Shall mean the portion of a building, between two floors, which is
partly underground, has more than one-half of its height from floor to
ceiling below the finished grade, shall not be less than 5'11", and shall
not be inhabited (see Figure 1).
Custom Workshop
Shall mean a building or part of a building where non-offensive, non-
dangerous custom production of articles or things is carried out but
does not include an establishment where the manufacturing of goods
is performed on a large scale or assembly line basis or any industrial
use otherwise defined in this By-law.
Deck
Shall mean a structure which may or may not be attached to a
dwelling or building with no roof or walls except for visual partitions
and railings which is constructed on piers or a foundation above-grade
for use as an outdoor living area.
Detached
When used in reference to a building, shall mean a building which is
not dependent on or physically connected to any other building for
structural support or enclosure.
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Zoning By-law 2510
Development
Shall mean the creation of a new lot, a change in land use, or the
construction of buildings and structures requiring approval under the
Planning Act; but does not include activities that create or maintain
infrastructure authorized under an environmental assessment process;
or works subject to the Drainage Act.
Dock
Shall mean an accessory structure to a shoreline use which is used for
the mooring of marine vessels which is secured to the shoreline and/or
the bottom of the water body.
Driveway
Shall mean a vehicular access connected to a public street or private
road or thoroughfare, which provides ingress to and/or egress from a
lot and may include a shared driveway, but shall not include a lane as
defined herein.
Dry Cleaning Establishment
Shall mean a building used for the purpose of dry cleaning, dry dyeing,
cleaning, minor repairs or pressing articles of clothing or goods of
fabric is carried on and may include the receiving and distribution of
such articles of clothing or goods of fabric.
Dwelling, Accessory
Shall mean a dwelling which is incidental, subordinate and exclusively
devoted to a main use and is located on the same lot therewith.
Dwelling, Apartment
Shall mean a building containing three (3) or more dwelling units but
shall not include a row dwelling.
Dwelling, Boarding House - see Boarding House
Dwelling, Duplex
Shall mean a building divided horizontally into two (2) dwelling units
(see Figure 6)
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Zoning By-law 2510
Figure 6: Dwelling Types
Dwelling - Fourplex
Shall mean a detached building that is divided into four dwelling units
but shall not include a row or town house dwelling. (See Figure 7)
Figure 7: Fourplex Dwelling
Dwelling, Mobile Home - See Mobile Home
Dwelling, Modular
Any dwelling that is substantially constructed off-site in accordance
with CSA Standard A-277, and is transported to the building site in two
or more pieces to be assembled onto a permanent foundation.
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Zoning By-law 2510
Dwelling, Seasonal
Shall mean a single detached dwelling constructed to a standard
authorized by the Ontario Building Code which does not allow use
during the winter months.
Dwelling, Semi-detached
Shall mean a building on a single foundation divided vertically into two
(2) separate dwelling units by a common wall. (See Figure 6)
Dwelling, Single-detached
Shall mean a detached building containing one (1) dwelling unit, and
shall include a modular home. (See Figure 6)
Dwelling, Row or Townhouse or Maisonnette
Shall mean a detached building that is divided vertically into three (3)
or more dwelling units but not more than sixteen (16) dwelling units in
a continuous row, each dwelling unit having two or more private
entrances, provided that the maximum length of the building is not
more than 55 m [180.4 ft.]. [See Figure 6]
Dwelling, Triplex
Shall mean a dwelling that is divided horizontally into three (3)
separate dwelling units, each of which has an independent entrance
either directly from the outside, or through a common vestibule. (See
Figure 6)
Dwelling Unit
Shall mean a building occupied or capable of being occupied as the
home or residence of one or more persons, where food preparation
and sanitary facilities are provided, but shall not include a boarding
house, hotel, motel, rental cottage or cabin or similar commercial use
of a private or semi-private institution and sleeping accommodation
which meets the minimum net floor area for the applicable zones.
Dwelling Unit Area
Shall mean the habitable area contained within the inside walls of a
dwelling unit. Excluding any private garage, car port, porch, verandah,
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Zoning By-law 2510
unfinished attic, crawlspace or sunroom (unless such sunroom is
habitable in all seasons of the year), and excluding public or common
halls, stairways and the thickness of the outside walls.
Dwelling Unit, Accessory
Shall mean a separate and self-contained dwelling unit (e.g. includes
cooking, sanitation and sleeping facilities) in or added to a single
detached dwelling unit or accessory storage building to a single
detached dwelling unit and which has a separate entrance.
Easement
Shall mean land subject to a permanent registered interest in land
which provides one or more landowners with the legal right to cross,
travel, utilize, park or otherwise use land for a specified purpose and
shall also include a right-of-way.
Eating Establishment - see Restaurant
Equipment Rental Establishment
Shall mean a building or part of a building wherein the primary use is
the rental of machinery, equipment, furniture and fixtures and other
goods.
Equipment and Vehicle Storage Yard, Industrial
Shall mean an uncovered area which is used for the storage of
machinery and equipment for use in industrial and major construction
undertakings, commercial vehicles, and other similar goods requiring
large areas for outside storage. Limited repair of such machinery,
equipment, vehicles and goods may be permitted in a building
provided such repair is clearly incidental and secondary to the storage
use.
Erect
Shall mean to build, construct, reconstruct, alter or relocate and
without limiting the generality of the foregoing shall be taken to
include any preliminary physical operation such as excavating,
grading, piling, cribbing, filling or draining, structurally altering any
existing building or structure by an addition, deletion, enlargement or
extension.
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Zoning By-law 2510
Established Grade
Shall mean:
a) when used with reference to a building, the average elevation of
the finished level of the ground adjoining a wall of the building,
measured along the length of the wall, exclusive of any artificial
embankments or berms or steps;
b) when used with reference to a structure, the average elevation of
the finished surface of the ground immediately surrounding such
structure;
c) when used with reference to a street, road or highway, the
elevation of the street, road or highway.
Existing
Shall mean lawfully existing as of the date of the passing of this By-
law.
Factory Outlet - see Retail Outlet
Farm - see Agricultural Use
Farmer's Market
Shall mean an establishment or premises where the farm products of a
local farming community are sold at retail from covered or uncovered
areas designed for individual retailers.
Fence
Shall mean any barrier or structure constructed of chain link metal,
wood, stone, metal, brick or other similar materials or combinations of
such materials which is erected for the purpose of screening,
safeguarding, retaining or enclosing property or delineating property
lines.
Floodline Elevation
Shall mean a reference to a flood hazard elevation along the Lake
Huron shoreline of 178.3 metres Canadian Geodetic Vertical Datum
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Zoning By-law 2510
(CGVD) which is a combination of the peak instantaneous flood
elevation and a vertical wave uprush factor.
Flood Plain
Shall mean the area, usually low lands, adjoining a watercourse which
has been, or may be covered by flood water. (See Figure 8)
Figure 8 - Flood Plain
Flood Proofing
Shall mean a combination of structural changes and/or adjustments
incorporated into the basic design and/or construction or alteration of
individual buildings, structures or properties subject to flooding so as
to reduce or eliminate flood damages.
Floor Area, Gross
Shall mean the total area of each floor measured between the exterior
faces of the exterior walls of the building and where there are no walls
the total area of a floor within the outer perimeter of the floor.
Floor Area, Gross Leasable
Shall mean the total floor area of a building including basements and
upper floors, less common areas including public walkways, malls,
public toilets, truck and service facilities, joint service facilities,
elevator shafts and lobbies, boiler rooms, maintenance rooms,
mechanical or electrical or utility rooms and parking for autos within
the building.
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Zoning By-law 2510
Floor Area, Net
Shall mean usable or habitable space above or below grade, measured
from the exterior face of the exterior walls of the building or structure
including a dwelling but shall not include:
a) any private garage, unenclosed porch or veranda, and non-
habitable basement, crawlspace or attic; or
b) any part of the building or structure below grade which is used for
building services, storage or laundry facilities; or
c) any part of the building or structure used for the storage or parking
of motor vehicles.
Funeral Home
Shall mean a building or part of a building wherein undertaking
services are offered and may include subsidiary activities such as the
sale of caskets and funeral accessories, a chapel or parlour provided
such activities are clearly secondary and incidental to the main
undertaking service.
Furniture Showroom and Workshop - see Retail Store
Garage, Municipal
Shall mean a building which is used for the storage or servicing or
minor repairs of equipment essential to the actual operation of motor
vehicles owned and maintained by the Town of Thessalon and any
department of the Government of Ontario or Canada.
Garage, Private
Shall mean an accessory building or portion of a main building
including a carport which is designed or used for parking or storage of
motor vehicles of the occupants of the premises and in which there are
no facilities for repairing or servicing of such vehicles for remuneration
or commercial use.
Garage, Public - see Automotive Repair Garage
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Zoning By-law 2510
Garden Centre
Shall mean an outdoor area primarily used for the retail of gardening
equipment, products and planting materials.
Garden Suite
Shall mean a one-unit detached residential structure containing
sanitary and kitchen facilities that is accessory to an existing
permanent residential structure and that is designed with the ability to
be portable (relocated), but does not include a mobile home, a park
model trailer or any type of a recreational vehicle [also known as a
granny flat].
Gasoline Bar
Shall mean one or more pump islands, each consisting of one or more
gasoline pumps, and a shelter having a floor area of not more than 10
m2 (107.6 ft.2) which shall not be used for the sale of any product
other than liquids and small accessories required for the operation of
motor vehicles.
Gasoline Card Lock Facility
Shall mean one or more pump islands designed for the retail sale of
gasoline or diesel fuel using pumps which are operated automatically
by credit or debit cards.
Gazebo
Shall mean a freestanding, roofed accessory structure which is not
enclosed, except for screening and which is utilized as an amenity
structure in conjunction with a residential dwelling but shall not include
any other use or activity otherwise defined or classified in this By-law.
Grade - see Established Grade
Granny Flat - see Garden Suite
Group Home
Shall mean a single housekeeping unit in a residential dwelling, which
is registered with the Municipality, in which three (3) to ten (10)
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Zoning By-law 2510
persons (excluding supervisory or operating staff) live together under
responsible supervision consistent with the requirements of its
residents for a group living arrangement and which is licensed and/or
approved under Provincial Statutes and in compliance with municipal
by-laws.
Habitable Room
Shall mean a room in a dwelling used or intended to be used primarily
for human occupancy.
Height - see Building Height
Hereafter
Shall mean after the date of the passing of this By-law.
Herein
Shall mean in this By-law, and shall not be limited to any particular
section of this By-law.
High Water Mark
Shall mean the mark made by the action of water under natural
conditions on the shore or bank of a body of water, which action has
been so common and usual and so long continued that it has created a
difference between the character of the vegetation or soil on one side
of the mark and the character of the vegetation or soil on the other
side of the mark.
Highway
Shall mean a public road under the jurisdiction of the Province of
Ontario. [See also Public Street]
Home for the Aged -see Nursing Home
Home Based Business
Shall mean any legal occupation for gain or support which is carried on
as an accessory use either within a dwelling or dwelling unit. Such
home occupation uses may include a service or repair shop, a personal
service shop, the office or consulting room of a doctor, dentist,
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Zoning By-law 2510
chiropractor, drug-less practitioner, gunsmith, locksmith, lawyer, real
estate agent, home child care, planner, accountant, architect,
photographer, teacher, seamstress, hair care service, music or dance
instructor, engineer, information technology services, but does not
include a clinic, hospital, nursing home, a tea room, kennel or body or
engine repair shop.
Hospital
Shall mean a hospital as defined in the Public Hospitals Act or the
Private Hospitals Act.
Hotel
Shall mean a building designed or used for the accommodation of the
travelling or vacationing public, containing therein (5) or more guest
rooms served by a common building entrance. Accessory uses may
include accommodation for permanent staff and one or more beverage
rooms, dining rooms, meeting rooms, or similar uses.
Institutional Use
Shall mean land, buildings, structures or part thereof used by any
government agency, organization, group or association, for the
promotion of religious, charitable, educational, medical, or for
benevolent objectives or public service and which shall include a
children's home, a home for the aged, a long term care facility, a
monastery, a convent, a private hospital, a training centre and similar
uses.
Kennel
Shall mean a building or structure where dogs, including dog-sled
teams, are bred, raised and/or boarded as part of a commercial
operation or for recreational purposes.
Landscaped Open Space
Shall mean:
a) a combination of trees, shrubs, flowers, grass or other horticultural
elements, together with decorative stonework, paving, screening or
other architectural elements, all of which is designed to enhance
the visual amenity of a property and/or to provide a screen to
mitigate any objectionable adjacent land use; but,
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Zoning By-law 2510
b) does not include parking areas, traffic aisles or driveways or ramps
for vehicles.
Lane
Shall mean:
a) a subsidiary thoroughfare providing access from within a lot,
principally from parking or loading spaces or from a lot to a public
street; or
b) a subsidiary public thoroughfare for the sole use of pedestrians and
connecting public streets, open spaces or buildings.
Laundromat
Shall mean a building or structure where coin-operated laundry
machines are made available to the public for the purpose of laundry
cleaning.
Library
Shall mean a public, lending library.
Licensed Refreshment Sales Vehicle
Shall mean a vehicle which is currently licensed pursuant to the
Highway Traffic Act and which is equipped for the preparation, storage,
heating, cooking, cooling, or sale of foodstuffs or beverages within or
from the vehicle and may include exterior seating e.g. picnic tables.
Liquor Licensed Premises
Means any building, structure or premise licensed under the Liquor
Licence Board of Ontario.
Livestock Facility
Shall mean livestock barns where animals or poultry are housed,
including beef feedlots, and the associated storage of manure.
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Zoning By-law 2510
Livestock Sales Outlet
Shall mean a building or structure where livestock such as cattle,
goats, sheep, or the young thereof are bought and sold.
Loading Space
Shall mean a space or bay located on a lot or within a building which is
used or intended to be used for the temporary parking of any
commercial vehicle while loading or unloading goods, merchandise, or
materials in connection with the use of the lot or any building thereon,
and which has unobstructed access not necessarily in a straight line to
a street.
Logging Hauler
Shall mean an area of land and/or building of a logging contractor
where equipment and materials are stored and may include repairs to
logging equipment belonging to the logging operator or contractor.
Long Term Care Facility - see Nursing Home
Lot
Shall mean a parcel or tract of land described in a deed or other legal
document which is legally capable of being conveyed.
Lot Area
Shall mean the total length by the total width of the lot, both
measured horizontally, equalling the total horizontal area measured
within the limits of the lot lines of the lot (LxW=A).
Lot, Corner
Shall mean a lot situated at an intersection of two or more streets, or
at the intersection of two parts of the same street which have an
interior angle or intersection of not more than one hundred and thirty-
five (135) degrees.
Where such street lines are curved, the angle of intersection of the
street lines shall be deemed to be the angle formed by the intersection
of the tangents to the street lines, drawn through the extremities of
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Zoning By-law 2510
the side lot lines. In the latter case, the corner of the lot shall be
deemed to be that point on the street line nearest to the point of
intersection of the said tangents (see Figure 9).
Figure 9: Illustrations of Lots
Lot Coverage
Shall mean the percentage of the lot area covered by the ground floor
area of all buildings and structures located on the lot.
Lot Depth
Shall mean the horizontal distance between the front and rear lot
lines. If the front and rear lot lines are not parallel, "lot depth" means
the length of a straight line joining the middle of the front lot line with
the middle of the rear lot line. If there is no rear lot line, "lot depth"
means the length of a straight line joining the middle of the front lot
line with the apex of the triangle formed by the side lot lines.
Lot Frontage
Shall mean the horizontal distance between the side lot lines. Where
such side lot lines are not parallel, it shall be the width of a lot
measured between the intersections of the side lot lines with a line 7.5
m (24.6 ft.) back from and parallel or concentric to the front lot line.
Arc distances shall apply on curved lines (see Figure 9).
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Zoning By-law 2510
Lot Interior
Shall mean a lot other than a corner or a through lot which has
frontage on a public street (see Figure 9).
Lot Line
Shall mean a boundary line of a lot (see Figure 10).
Lot Line - Exterior Side
Shall mean a lot line located between the front and rear lot lines and
dividing the lot from a street (see Figure 10).
Figure 10: Illustration of Lot Lines
Lot Line, Front
Shall mean:
a) In the case of an interior lot, the line dividing the lot from the street
line or street allowance or private road. (See Figure 10)
b) In the case of a corner lot, the shorter lot line abutting a street
shall be deemed to be the front lot line and the longer lot line that
abuts the street shall be deemed to be a side lot line.
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Zoning By-law 2510
c) In the case of a corner lot with two street lines of equal lengths, the
lot line that abuts the wider street, or abuts a Provincial highway
shall be deemed to be in the front line, and in the case of both
streets being under the same jurisdiction and of the same width,
the lot line where the principal access to the lot is provided shall be
deemed to be the front lot line.
d) In the case of a corner lot abutting a 0.3 m (0.98 ft.) reserve or
other reserve, the lot line so abutting the reserve shall be deemed
an exterior lot line and the other lot line abutting the street shall be
deemed to be the front lot line.
e) In the case of a private road, the lot line adjacent to the private
road shall be deemed to be the front lot line.
f) In all other cases not described above, the front lot line shall be
deemed to be where the principal access to the lot is approved.
Lot Line, Rear
Shall mean the lot line furthest from, and opposite to, the front lot
line. (See Figure 9)
Lot Line, Side Interior
Shall mean a lot line other than a front, rear or side exterior lot line.
(See Figure 9)
Lot, Through
Shall mean a lot having a frontage on two parallel or approximately
parallel streets. (See Figure 9)
Lot, Width
Shall mean the shortest horizontal distance between the side lot lines
measured through a point 7.5 m (24.6 ft.) back from the mid-point of
the front lot line.
Lumber Yard
Shall mean a lot and accessory buildings where the primary use is the
storage of construction grade wood and building supplies for sale at
retail or wholesale.
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Zoning By-law 2510
Main Wall
Shall mean any exterior wall of a building and all structural members
essential to the support of a fully enclosed space of roof exclusive of
permitted projections.
Marina
Shall mean a lot, building, structure on a waterfront with or without
docking facilities where boats and boat accessories are berthed,
constructed, stored, serviced, repaired or kept for sale or rent and
where the facilities for the sale of marine fuels, marine equipment,
lubricants, bait as well as the sale of foods, provisions or supplies as
an accessory use may be provided.
Marine Facility
Shall mean a non-commercial building or structure which is used to
moor, berth, or store a boat. This definition may include a boat
launching ramp, a boat lift, marine railway, but does not include any
building used for human habitation or a marina. A marine facility shall
also include a water intake facility and any flood or erosion control
structure.
Mineral Aggregate
Shall mean gravel, sand, clay, earth, shale, 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, kyanite, mica, nepheline other than
metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite,
salt, talc, wollastonite, mine tailings or other material prescribed under
the Mining Act.
Mini Warehouse and Public Storage
Shall mean a commercial building or part of a building wherein general
merchandise, vehicles, furniture and household goods are all stored in
separate, secured storage areas or lockers which are generally
accessible by means of individual loading doors.
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Zoning By-law 2510
Minimum Distance Separation
Shall mean 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 facilities.
Mobile Home
Any dwelling that is designed to be mobile, and constructed or
manufactured to provide a permanent residence on a foundation and is
certified in accordance with C.S.A. Standard Z240, but does not
include a travel trailer, park model trailer or tent trailer or trailer
otherwise designed.
Mobile Home Park
Shall mean land which has been provided and designed for the location
thereon of two (2) or more occupied mobile homes.
Mobile Home Lot or Site
Shall mean an area, similar to a lot, located in a mobile home park,
intended to be or occupied by a mobile home or a permitted accessory
use.
Mobile Home Lot Line or Site Line
Shall mean a line similar to a front lot line, rear lot line, interior or
exterior side lot line as if it were applied to a Mobile Lot or Site.
Motel
Shall mean a building or buildings designed or used for the
accommodation of the travelling or vacationing public, containing
therein three (3) or more guest rooms, each guest room having a
separate entrance directly from outside and may include an accessory
eating establishment. (See also Hotel, Tourist Establishment)
Municipality
Shall mean the Municipality of the Town of Thessalon.
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Zoning By-law 2510
Museum
Shall mean a building or part thereof used for the storage and display
of public archives and may include a public art gallery.
Mutual Driveway - see Driveway
Natural Heritage Features and Areas
Shall mean features and areas identified in the Thessalon Official Plan,
such as significant wetlands, fish habitat, significant portions of the
habitat of endangered and threatened species, significant wildlife
habitat and significant areas of natural and scientific interest, which
are important for their environmental and social values as a legacy of
the natural landscapes of an area.
Navigable Waterway
Shall mean a navigable body of water or stream as deemed under the
Canadian Navigable Waters Act.
Non-Complying
Shall mean any existing use, building, structure or lot which does not
meet the minimum zone regulations and standards of this By-law. (see
also Non-Conforming)
Non-Conforming
Shall mean any existing use, building, structure or lot which is not
listed as a permitted use within the Zone categories in this By-law.
(see also Non-Complying)
Nursery
Shall mean land and structures used for the growing of sod, flowers,
bushes, trees, or other gardening, landscaping, or orchard stock for
wholesale or retail sale. (See also Commercial Greenhouse)
Nursing Home, Home for the Aged, or Long Term Care Facility
Shall mean a building or premises used in accordance with the
provisions of the Long-Term Care Homes Act.(See also Retirement
Home)
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Zoning By-law 2510
Obnoxious Uses
Shall mean any use which is a nuisance to the occupant or owner of
any buildings by reason of the emission from the land or building or
any part thereof, or the creation thereon, of odours, gases, dirt,
radiation, smoke, noise, vibration, fumes, cinders, soot, waste or
water carried waste, or depositing or leaving unsightly objects or
chattels thereon.
Office
Shall mean a building, structure or part thereof used for the purpose
of providing accommodation for the performance and transaction of
business including administrative, clerical and professional activities.
Open Space
Shall mean the open, unobstructed space on a lot including landscaped
areas, pedestrian walkways, patios, pools or similar areas but not
including any driveway, ramp, parking spaces or aisles, loading spaces
or manoeuvring areas and similar areas.
Open Storage
Shall mean the storage or display of goods, merchandise or equipment
outside of a building or structure on a lot or portion thereof. This
definition shall not include the open storage of goods or equipment
incidental to a residential occupancy of a lot, a parking area or parking
space or the outdoor display of a limited number of samples of goods,
merchandise or equipment for the purpose of sales and advertisement.
Original Road Allowance
Shall mean the 20 m [65.6 ft.] wide allowance for any road or reserve
in the original survey including that along the shore of a navigable
stream, rivers and lakes.
Outfitter's Centre - see Tourist Outfitters Establishment
Park
Shall mean an area of land, whether enclosed or not, maintained by
the Municipality or other public authority for the enjoyment, health and
well-being of people and open to the public with or without charge
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Zoning By-law 2510
and, for the purposes of this definition, includes a Provincial Park or
Conservation Area with campground facilities.
Park, Private -see Recreational Commercial Establishment
Parking Area
Shall mean a lot or portion thereof required in accordance with the
provisions of this By-law for the temporary storage or parking of motor
vehicles accessory or incidental to uses in all zones, and shall include
the storage or parking of not more than two (2) motor vehicles for hire
and gain, display or for sale.
Parking Lot, Commercial
Shall mean a lot or portion thereof used for the temporary storage or
parking of four (4) or more vehicles for hire and gain but does not
include the sale of new or used vehicles or the storing of impounded or
wrecked vehicles.
Parking Space
Shall mean an area used for the temporary parking of one motor
vehicle and includes spaces for the handicapped.
Patio
Shall mean a surfaced, open space of land at grade adjacent or
attached to a residential dwelling which is used as an extension to the
interior of the home for private entertainment or leisure activities. In a
commercial setting a patio means a surfaced open space area at grade
used in conjunction with a restaurant or fast food establishment where
seating accommodation is provided and where meals and beverages
may be served and consumed.
Payday Loan Establishment
Shall mean a place of business, licensed by the Province of Ontario to
loan money in exchange for a post-dated cheque, a pre-authorized
debit or a future payment of a similar nature.
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Zoning By-law 2510
Person
Shall include an individual, an association, a chartered organization, a
firm, a partnership, a corporation, an agent or trustee and the heirs,
executors or other legal representatives of a person to whom the
context can apply according to law.
Personal Service Establishment
Shall mean an establishment wherein a personal service is performed.
This definition may include a barber shop, beauty salon, or a dry
cleaning distribution station or a similar use.
Pit
Shall mean land or land under water authorized for mineral aggregate
extraction in accordance with this zoning by-law and the Aggregate
Resources Act.
Place of Amusement
Shall mean an establishment operated for commercial gain or profit
wherein amusement facilities are provided such as a video arcade or
arcade, billiard or pool room, pinball machines and video games but
does not include an adult entertainment parlour, or bingo hall.
Place of Assembly
Shall mean a building specifically set aside for and primarily engaged
in the operation of arts and craft shows, trade fairs, fashion show,
public meetings, banquets, conference meetings and similar activities.
Place of Entertainment - see Recreational Commercial
Establishment
Place of Worship
Shall mean a building or an open area dedicated to religious worship.
Planning Advisory Committee
Shall mean a group of individuals duly appointed by Council for the
purposes of advising Council on Land Use Planning matters.
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Zoning By-law 2510
Playground
Shall mean a park or part thereof which is equipped with active
recreational facilities oriented to children.
Portable Asphalt/Concrete Plant
Shall mean a facility with equipment designed to mix or heat and dry
aggregate and to mix aggregate with bituminous asphalt to produce
concrete or asphalt paving materials and includes stockpiling and
storage of bulk materials used in the process, which is not of
permanent construction but is designed to be dismantled and moved
to another location as required. Portable asphalt plants must comply
with the Ministry of the Environment's separation distances and must
obtain a certificate of approval from the Ministry of the Environment.
(See also Asphalt Manufacturing Plant)
Printing and Publishing Establishment
Shall mean a building or part thereof used primarily for printing,
regardless of the method, and publishing of newspapers, periodicals,
books, maps and similar publications and also includes the sale and
servicing of printing and duplicating equipment.
Privacy Fence
Shall mean a fence that will visually isolate, conceal or seclude
objects, things, places or people.
Private Club
Shall mean a building or part of a building used as a meeting place by
an association of persons who are bona fide members, which owns,
hires or leases the building or part thereof, the use of such premises
being restricted to members and their guests for social, cultural,
recreational, business or athletic purposes.
Private Road
Shall mean a privately owned access route over private property which
affords access to at least two (2) abutting lots and which is not
maintained by a Public Authority.
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Zoning By-law 2510
Public Access Point
Shall mean public land designated by the appropriate authority and
developed and maintained by the authority as a public access to a
navigable water body. (See also Marine Facility)
Public Authority
Shall mean the Town of Thessalon and any Boards or Commissions
thereof and any Ministry or Department of the Governments of Ontario
or Canada, or other similarly recognized public utility or agencies
established or exercising any power or authority under any special or
general statute and includes any committee or local authority
established by By-law of Council.
Public Garage - see Automotive Repair Garage
Public Service Use
Shall mean a building, structure or lot used for public services by the
Town of Thessalon and any Boards or Commissions thereof, and any
Ministry or Commission of the Governments of Ontario and Canada,
any telephone, communications or railway company, any company
supplying natural gas, Hydro One, Conservation Authority, Public
Utilities Company or similarly recognized agencies.
Public Street
Shall mean a public or common highway affording the principal means
of access to abutting properties which has been dedicated to and or
assumed by a public authority. This may include an unassumed or
unmaintained public street.
Public Storage - see Mini Warehouse and Public Storage
Public Utility
Shall mean a water works or water supply system, sewage works,
electrical power or energy generating transmission or distribution
system, street lighting system, natural or artificial gas works or supply
system, a transportation system or a telephone system, scientific
research system, and includes any lands, buildings or equipment
required for the administration or operation of any such system and
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Zoning By-law 2510
which is operated by a public authority or a publicly governed
company.
Quarry
Shall mean a mineral aggregate operation authorized by this zoning
By-law and the Aggregate Resources Act to extract mineral aggregates
from consolidated rock.
Recreational Commercial Establishment
Shall mean an establishment, premises, or building where any
recreational, social or cultural uses are operated commercially for
profit on lands in private ownership, such as health clubs, golf courses,
open or enclosed skating or curling rinks, open or enclosed pools, open
or enclosed badminton or tennis courts, squash courts, bowling alleys,
gymnasia, band shells or open theatres, and other similar uses but
does not include a bingo hall.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being
attached to a motor vehicle for the purpose of being drawn or is self-
propelled, and is capable of being used on a short term or seasonal
basis for living, sleeping, eating or accommodation of persons. The
term recreational vehicle includes the following: motor homes, travel
trailers, tent trailers, campers, a converted camper-bus, a park model
trailer, but does not include recreational equipment such as, a boat or
vehicle trailer, snowmobiles, personal water craft, all terrain vehicles
or other equipment used for recreational purposes.
Recreational Vehicle Campground - see Campground
Recreational Vehicle Sales and Storage
Shall mean a building and/or lot which is used for the display, storage
and/or sale of boats, trailers, campers and other recreational vehicles
or recreational equipment.
Recycling Depot or Transfer Station
Shall mean a special waste management facility which serves as a
temporary storage site for clean materials such as glass, paper,
cardboard, plastic, metal and other similar products which will be
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transferred to another location for reuse. This definition may also
include an area for the storage of composting material as well as an
area to burn wood and brush. This definition does not include any
other type of waste management system.
Redevelopment
Shall mean the removal or rehabilitation of buildings or structures and
the construction, reconstruction or erection of other buildings or
structures in their place.
Religious Education Facility - see Place of Worship or
Campground, Recreational
Residence - see Dwelling
Resort - see Tourist Establishment
Restaurant
Shall mean a building or structure where food is prepared and offered
for sale to the public for consumption within or outside the building or
structure or off the premises.
Retail Store
Shall mean a building wherein goods, wares, merchandise, substances
or articles are offered for sale to the general public, and may include
the limited storage and display of goods, wares, merchandise,
substances or articles, and shall not include any other use defined
herein.
Retirement Home
Shall mean a residence providing accommodation primarily for retired
persons or couples where each private living unit (bedroom or suite)
has a separate private bathroom and a separate entrance from a
common hall, but where common facilities for the preparation and
consumption of food are provided and common lounges, recreation
facilities, medical services and social and recreational facilities for use
by the inhabitants may be provided. (See also Nursing Home, Home
for the Aged, or Long Term Care Facility)
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Rifle Club - see Shooting Range
Right-of-Way - see Easement
Road - see Public Street
Room, Habitable
Shall mean a room which:
a) is located within a dwelling unit;
b) is designed for living, sleeping or eating or for sanitary purpose;
c) can be used at all times throughout the year; and
d) is not located within a Crawlspace
Room, Non-Habitable
Shall mean any room located within a dwelling that is not a habitable
room, including but not limited to, a laundry room, a pantry, a lobby, a
stairway, a closet, a verandah, a recreation room, a porch, a balcony,
a private garage, an unfinished attic, a crawlspace, a boiler room and
any space used for the service and maintenance of such dwelling or for
vertical travel between storeys.
Rooming House - see Boarding House
Row House - see Dwelling, Row or Townhouse
Salvage Yard
Shall mean a lot and/or building or portion thereof where used goods,
wares, merchandise, articles, motor vehicles, machinery or parts
thereof are processed or sold for further use, dismantled or
abandoned. This definition may include a junk yard, a scrap metal
yard, a recycling depot and an automotive wrecking yard on the
premises.
Sawmill or Planing Mill
Shall mean a building, structure or area where timber is cut or sawed,
either to finished lumber or as an intermediary step.
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Zoning By-law 2510
Sauna
Shall mean an accessory building or structure not exceeding 10 m2
(107.6 ft.2) wherein facilities are provided for the purpose of a steam
bath and may include a change room.
School
Shall mean a public educational establishment operated by a School
Board.
School, Private
Shall mean an educational establishment, other than a School,
wherein teaching or instruction is offered for gain in such fields as
academics, dancing, music, art, sports, business or trade, and any
other such specialized school conducted for gain, and also includes
such fields as a studio for photography and arts and crafts. (See
Studio)
Seating Capacity
Shall mean the number of persons which can be accommodated in a
building or structure or part thereof in a seated position on chairs,
benches, forms or pews.
Separation Distance
Shall mean the horizontal distance between buildings or structures or
physical features measured from the closest point of the exterior wall
of such building or structure, or of such physical feature.
Septage
Shall mean untreated sanitary waste from a septic tank, privy or
holding tank.
Service Outlet
Shall mean a building whether in conjunction with a retail store or not,
used for the repair or servicing of goods, commodities, articles or
materials, but not the manufacturing thereof. Automotive repairs and
services are not permitted under this definition.
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Setback
Shall mean:
a) With reference to a road or street, the least horizontal distance
between the front lot line and the nearest building line.
b) With lots which abut the water, the frontage shall be taken from the
travelled road and not the water.
Sewage and Water Systems
a) Full Municipal Sewage and Water Services or Piped Services:
Shall mean piped sewage and water services that are connected to
a centralized water and waste water treatment facility. (Provincial
Policy Statement)
b) Communal Services
Shall mean sewage works and sewage systems and water works
that provide for the distribution, collection or treatment of sewage
or water but which:
1. are not connected to full municipal sewage and water services;
2. are for the common use of more than five residential units/lots;
3. are owned, operated, and managed by a municipality or, another
public body, or a condominium corporation or single owner which
has entered into an agreement with the municipality or public
body, pursuant to Section 51 of the Planning Act, providing for
municipal/public body assumption of the communal services in
the event of default by the owner. (Provincial Policy Statement)
c) Individual On-Site Systems
Shall mean individual autonomous water supply and sewage
disposal systems that are owned, operated and managed by the
owner of the property upon which the system is located and which
do not serve more than five residential units/lots.
d) Partial Services
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Zoning By-law 2510
Shall mean connection to one communal service or full municipal
service where the other connection will be to an individual on-site
system.
Sewage System, Class 1
Shall mean a chemical toilet, an incinerating toilet, a recirculating
toilet, a self-contained portable toilet and all forms of privy including a
portable privy, an earth privy, a pail privy, a privy vault and a
composting toilet system.
Shooting Range or Rifle Club
Shall mean land, buildings, structures or premises used for
recreational target practice, skeet shooting, gun or hunter safety
instruction and is operated by a club or organization in accordance
with Federal laws and regulations.
Shopping Centre
Shall mean a group of commercial and service establishments or retail
stores which are designed, developed and managed as a unit, usually
in a single building, having the off-street parking provided on the site.
Shoreline
Shall mean those lands extending from the average annual water level
which have potential and direct significant impact on near shore
waters and the shore ecosystem through run-off, and where land use
activity is primarily water oriented.
Shoreline Structure
Shall mean a boat house (wet or dry), a boat port, a float plane
hangar, a sauna or steam bath, a dock or wharf, a gazebo, a utility or
storage shed or a viewing deck.
Short Term Accommodation
Shall mean a dwelling unit utilized for commercial accommodation
purposes which is made available to the travelling or vacationing
public for a periods not greater than 60 consecutive days.
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Sight Triangle
Shall mean a triangular space, free of buildings, structures and
obstructions, formed by the street lines abutting a corner lot and a
third line drawn from a point on a street line to another point on a
street line, each such point being the required sight distance from the
point of intersection of the street lines as specified in this by-law (see
Figure 10).
Figure 10 - Sight Triangle
Sign
Shall mean any writing, letter work or numeral, any pictorial
representation, illustration, drawing, image or decoration, any
emblem, logo, symbol or trademark or any device with similar
characteristics which:
a) is a structure, or part of a structure, or which is attached thereto or
mounted thereon; and
b) which is used to advertise, inform, announce, claim, give publicity
or attract attention.
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Sleep Cabin
Shall mean an accessory building or structure, not exceeding 40 m²
(430.5 ft.²) in gross floor area, located on the same lot as the principal
building or structure, the accessory use being for sleeping
accommodation in which cooking facilities shall not be provided but
may contain sanitary facilities.
Solid Waste Disposal Site - see Waste Management Facility
Storey
Shall mean that portion of a building other than a crawlspace or
basement included between the surface of any floor and the surface of
the floor, roof deck, ceiling or roof immediately above it.
Street - see Public Street
Street Allowance
Shall have a corresponding meaning to that of Public Street or Private
Road.
Street Line
Shall mean the limit of the road or street allowance and is the dividing
line between a lot and a Public Street or Private Road.
Structure
Shall mean anything constructed or erected, the use of which requires
location on the ground or attached to something having location on the
ground and, without limiting the generality of the foregoing, includes a
sewage disposal system, a recreational vehicle attached to a sewage
disposal system but does not include a fence.
Studio
Shall mean a building or structure or part thereof used,
a) as the workplace of a cabinetmaker, ornamental welder,
photographer, artist, or artisan or any similar artist or craftsman,
where unique articles are made or fabricated and offered for sale.
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b) for the instruction of art, music, languages or similar disciplines.
(See also School, Private)
Swimming Pool
Shall mean an open or covered in-ground or above ground outdoor
pool used for swimming, wading, diving or recreational bathing which
is at least 50 cm (19.6 inches) in
depth, and may include a hot tub or whirlpool but shall not include any
inflatable-type or steel-frame pool which may be used on a temporary
basis and removed in the winter months.
Telecommunications Establishment - see Communications
Facility
Tourist Establishment
Shall mean premises or buildings to be used for the purpose of
sleeping accommodation on a temporary basis by tourists or
vacationers, including a hotel, motel, lodge or bed and breakfast, and
rental cottage or cabin where more than 3 such rental units occupy the
same property, including accessory uses such as dining, meeting and
beverage rooms and similar uses.
Tourist Outfitters Establishment
Shall mean an establishment which operates throughout all or part of
a year which may or may not furnish overnight accommodation and
facilities for serving meals, but furnishes equipment, supplies or
services to persons in connection with angling, hunting, camping or
other similar recreational purposes.
Town
Shall mean the Corporation of the Town of Thessalon.
Trailer - see Recreational Vehicle
Trailer Park - see Campground
Trailer, Park Model
Shall mean a manufactured building designed and constructed in
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conformance with CAN/CSA-Z241 Series M "Park Model Trailer, as set
out in the Building Code, and is used or intended to be used for
seasonal accommodation and is not a Dwelling Unit.
Transfer Station - see Recycling Station
Transportation Depot
Shall mean land, or a structure or a building where commercial
vehicles are kept for hire, rental and/or lease, or stored and/or parked
for remuneration and/or from which such vehicles are dispatched for
hire as common carriers and where such land, structure or building
may be used for the storage and/or distribution of goods, wares, and
merchandise.
Truck Terminal - see Transportation Depot
Use
Shall mean the purpose for which a lot or a building or a structure is
designed, arranged, occupied or maintained.
Vehicle
Shall mean a motor vehicle, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include
a motorized snow vehicle or ATV.
Veterinary Establishment
Shall mean a building or part of a building used by a veterinary
surgeon where animals, birds or other livestock are treated and where
domestic animals and/or birds may be kept for treatment.
Warehouse
Shall mean a building or structure or portion thereof used or intended
to be used for the bulk storage of goods, merchandise, or material.
Waste Management Facility
Shall mean a site which is licensed or approved by the Ministry of the
Environment and/or its agents where garbage, refuse, domestic or
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industrial waste, excluding radioactive or toxic chemical wastes is
disposed of or dumped.
Water Frontage
Shall mean a lot which has one or more lot lines abutting a navigable
watercourse, shoreline or shoreline road allowance, bay or lake.
Water Body
Shall mean any bay, lake, river, natural watercourse or canal but
excluding a drainage or irrigation channel.
Wayside Pit
Shall mean land from which unconsolidated aggregate is removed by
means of open excavation on a temporary basis for use by a public
road authority solely for the purpose of a particular project or contract
of road construction and not located on the road right-of-way.
Wayside Quarry
Shall mean land from which consolidated aggregate is removed by
means of open excavation on a temporary basis for use by a public
road authority solely for the purpose of a particular project or contract
of road construction and not located on the road right-of-way.
Welding Shop
Shall mean a building or structure or part thereof where metal
products are joined, repaired or shaped by welding but no mass
productions shall be involved.
Wind Farm, Commercial
Shall mean a development of two or more wind turbines on one or
more lots, together with any appurtenances, electrical transmission
infrastructure and accessory facilities, where said development is
connected to the provincial transmission grid and generating electricity
for sale off-site.
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Wind Farm Accessory Facilities
Shall mean those buildings, structures, equipment, machinery, and
other devices required for the operation and maintenance of a wind
farm, including but not limited to access roads, collector and feeder
lines, transformers, transmissions lines, maintenance and control
buildings, and sub stations.
Wind Turbine, Commercial
Shall mean a structure including a tower, nacelle, blades, internal
transformers and related appurtenances which is designed to convert
wind into useable energy for the purpose of inclusion into the electrical
grid system.
Wind Turbine Height
Shall mean the distance measured from the uppermost vertical
extension of any turbine blade to the average grade at the base of the
tower.
Workshop or Custom Workshop
Shall mean a building, structure or part thereof where manufacturing
is performed by a tradesman, requiring manual or mechanical skills
and may include a carpenter's shop, a locksmith's shop, a gunsmith's
shop, a tinsmith's shop, a commercial welder's shop or similar uses.
Wrecking Yard - see Salvage Yard
Yard
Shall mean an open space on the same lot with a building or structure
or excavation, unoccupied and unobstructed except for such accessory
buildings, structures or uses specifically permitted in this By-law.
Yard, Front
Shall mean a yard extending across the full width of the lot between
the front lot line and a line drawn parallel or concentric thereto and
through the point of the main wall of a main building closest to the
front lot line (see Figure 12).
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Zoning By-law 2510
Figure 12: Illustration of Yards
Yard, Rear
Shall mean a yard extending across the full width of the lot between
the rear lot line and a line drawn parallel or concentric thereto and
through the point of the main wall of the main building closest to the
rear lot line (see Figure 12). Where there is no rear lot line, the rear
yard shall be measured from the intersection of the side lot lines to the
closest point of the main wall of the main building (see Figure 13).
Figure 13: Illustration of No Rear Lot Line
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Zoning By-law 2510
Yard, Side
Means a yard extending from the front yard to the rear yard between
the side lot line and a line drawn parallel or concentric thereto and
through the point of the main wall of a building closest to the side lot
line (see Figure 12).
Yard, Side Exterior
Shall mean a side yard immediately adjoining a street or abutting a
reserve on the opposite side of which is located a street (see Figure
12).
Yard, Side - Interior
Shall mean a side yard other than an exterior side yard (see Figure
12).
Zone
Shall mean a designated area of land use shown on any Schedule to
this By-law.
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SECTION 4
GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations
which apply regardless of the specific zoning. Whereas the zones
provide site specific controls corresponding to such items as permitted
uses and restrictions on location, the General Provisions provide
regulations more general in nature, applying to a variety of uses
regardless of zoning.
4.1
Accessory Buildings, Structures and Uses
4.1.1 Where a lot is devoted to a permitted use, accessory uses, buildings
and structures are authorized subject to the following provisions:
a) Accessory Use to be on Same Lot
All accessory uses, buildings and structures to a permitted main
principal use shall be located on the same lot and in the same zone
as the principal use. Where a lot has been severed by a natural
feature such as an unnavigable watercourse or ravine, such a lot
may be used for an accessory use provided that the lot is under the
same registered ownership as the lot upon which the principal use
is located.
b) Accessory Building Location
Except as otherwise provided by this By-law, any accessory building
which is not part of the main building, shall not be located in any
front yard. No accessory building or structure shall be constructed
closer to the front lot line than the minimum distance required by
this By-law for main building on the lot and shall comply with the
minimum yard requirements of the zone in which such accessory
building is erected.
c) Maximum Lot Coverage
Accessory buildings, structures and uses, excluding in-ground
swimming pools, shall be included within the calculation of total lot
coverage for the purposes of conformity to Zone Requirements. The
total lot coverage of all accessory buildings and structures shall not
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Zoning By-law 2510
exceed 10%. The maximum floor area for a private detached or
attached garage shall not exceed the ground floor area of the main
building on the lot.
d) Maximum Height and Setbacks
The maximum height of any accessory building shall not exceed 6
metres measured from finished grade to the highest point of the
roof. Accessory buildings shall not include a second storey, loft or
mezzanine unless expressly authorized in this By-law or the upper
floor is intended to be utilized for an accessory dwelling unit in
accordance with Section 4.6.2. Accessory buildings shall not be
permitted in the front or exterior side yards but may be permitted
in the interior side and rear yard provided subject to a minimum 2
metre setback for residential accessory buildings and a 5 metre
setback for buildings in any other zone.
e) Keeping of Animals
The use of an accessory building or structure for the keeping of
animals, other than domestic pets, is not permitted in any
residential zone. For the purposes of this By-law, a domestic pet
shall not include any hoofed animal or animal otherwise prohibited
by the Town of Thessalon Animal Control By-law, as amended.
f) Marine Facility
Despite Section 4.1.1 (b) above, a shoreline structure such as a
marine facility, dock. pumping station or pump house may be
located in any yard, where a lot abuts a navigable waterway,
provided that the approval of any governmental authority having
jurisdiction has been obtained and provided that the marine facility,
is located not closer than 1 m [3.28 ft.] to the nearest adjacent lot
line and does not encroach on adjacent frontage when the lot
boundaries are extended into the water.
g) Accessory Buildings Prior to Erection of Main Building
No accessory building shall be erected prior to the erection of the
main building on the same lot, except where it is necessary for the
storage of the tools, and materials for use in connection with the
construction of the main building or structure for which a building
permit has been issued, and no such accessory building shall, prior
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Zoning By-law 2510
to the erection of the main building, be used for any purpose other
than storage and shall not exceed 10 m2 in floor area.
h) Gate House
A gate house shall be permitted in the front or side yard of any
industrial zone or in the area between the street line and the
required setback.
4.2
Auto Service Station, Car Wash, Gasoline Bar or Gasoline Card
Lock Facility
Despite any other provisions contained in this By-law, for all zones
within which an auto service station, car wash, gasoline bar, and/or
gasoline card lock facility is permitted the following shall apply:
a) Pump Island Location
The minimum distance between the pump island, pumps and their
related overhead canopies and any lot line shall be 6 m [19.6 ft.]
from any lot line. Where the lot is a corner lot, no portion of the
pump island shall be located closer than 7 m [22.9 ft.] to the base
of a sight triangle.
b) Overhead Canopy Setback
Overhead pump island canopies shall be located so as to ensure
that a minimum separation distance of 2 m [6.56 ft.] exists
between any lot line and the vertical overhead projection onto the
ground of any such canopy.
c) Propane Tanks and Gasoline Storage Tanks
1) No person shall erect or use a bulk propane storage tank at an
auto service station, gasoline card lock facility or gas bar, or on
any other property where vehicle fuel may be dispensed, unless
a license has been obtained from the provincial body having
jurisdiction and provided the location is in compliance with the
requirements of the Ontario Propane Code and the Gasoline
Handling Code, respectively.
2) In addition to the above requirement, no propane storage tank
may be located closer than the greater of 6 m [19.6 ft.] or the
requirement of the applicable code from the property line of any
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Zoning By-law 2510
residential use, unless the said tank is separated by an
unpierced wall or fence of non-combustible construction having a
height of 1.75 m [5.74 ft.] above the level of the ground
adjoining the tank.
d) Separation of Car Wash from Residential Zone
Where a car wash abuts a Residential Zone, the following
requirements shall apply:
1) Despite any other requirements of this By-law for a lot abutting
lands zoned for residential use, a drive-through car wash shall
not be permitted on any lot having a lot area of less than 3,000
m2 [0.74 ac.] and shall not be located closer than 20 m [65.6
ft.] to any lot line abutting such Residential Zone;
2) No washing or drying operations shall be permitted except within
the building designed for the purpose of the car wash;
3) For a drive-through mechanical car wash, the building shall be so
designed that drying machinery and equipment within the
building is furthest removed from the lot line(s) abutting a
residential zone, and that cars exiting the building do so also
from the side of the building which is furthest removed from the
lot line(s) abutting a residential zone.
e) Required Vehicle Queue Space
On lots where a drive-through car wash is to be erected, off-street
vehicle queue spaces shall be provided in accordance with the
following provisions:
Required number and location of queue spaces:
Type of car
wash
Before each
wash
Bay
After each
wash
Bay
conveyor or
mechanical
type
15
2
manual type
3
1
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Zoning By-law 2510
Each required queue space shall be at least 2.6 m [8.53 ft.] in
width and 5.75 m [18.86 ft.] in length.
f) Landscaping
Where any lot which is used or intended to be used for the purpose
of an auto service station, car wash, gas bar or gasoline card lock
facility adjoins a street, then a strip of landscaped open space of a
minimum width of 1 m [3.28 ft.] shall be provided along any lot line
abutting a street and the said landscaped open space shall be
continuous except for aisles or driveways required for access to the
lot.
4.3
Bed and Breakfast Establishment
A bed and breakfast establishment shall be permitted in any
residential zone in a single detached dwelling, or a semi-detached
dwelling or a duplex dwelling subject to the following requirements:
a) That the number of guest suites does not exceed four (4).
b) That the use of the dwelling does not change the residential
character of the dwelling.
c) That the requirements for the provision of off-street parking spaces
can be met.
d) That the requirements of the local Health Unit, where applicable,
can be met.
4.4
Buildings to be Moved
No building or structure shall be moved within the limits of the
Municipality, or shall be moved from outside the Municipality into the
Municipality, unless the building or structure is a permitted use and
satisfies all the requirements of the zone in which it is to be located,
and then only after a permit has been obtained from the Chief Building
Official.
4.5
Change of Use
The use of a lot, building or structure which, under the provisions
hereof, is a legal non-conforming use within the zone in which such
lot, building or structure is located, shall not be changed except to a
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Zoning By-law 2510
use which is permissible within such zone or where approved by the
Planning Committee and a permit has been obtained from the Chief
Building Official.
4.6
Accessory Dwelling Units
4.6.1 Accessory Dwelling Unit to a Single Detached Dwelling
Notwithstanding any other provisions of this By-law, one accessory
dwelling unit is permitted in a detached dwelling in the RU, R1, R2 or R3
Zones provided:
a) the principle detached dwelling has a minimum ground floor area of
65 square metres and is otherwise compliant with the provisions of
this By-law;
b) the floor area of the accessory dwelling unit is no greater than 50
square metres;
c) a minimum of three parking spaces are provided on the lot;
d) the resultant two-unit dwelling is compliant with the Ontario Building
Code Act;
e) where applicable, both dwellings units are connected to the same
septic system which is capable of sustaining both the principle
dwelling and the accessory dwelling unit, confirmed by the issuance
of a permit from the septic approval authority; and,
f) where required, a window opening in the accessory dwelling unit
having an area of 0.30 square metres is located above grade.
4.6.2 Accessory Dwelling Unit to a Detached Private Garage
Notwithstanding any other provisions of this By-law, one accessory
dwelling unit is permitted in a detached garage in the RU and R1 Zones
provided:
a) the detached garage is otherwise compliant with the provisions of
this By-law;
b) the floor area of the accessory dwelling unit is no greater than 50%
of the ground floor area of the detached garage to a maximum of 50
square metres and is located entirely above grade;
c) a minimum of three parking spaces are provided on the lot;
d) the resultant structure is compliant with the Ontario Building Code
Act;
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Zoning By-law 2510
e) where applicable both dwelling units are connected to the same
septic system which is capable of sustaining both the principle
dwelling and the accessory dwelling unit, confirmed by the issuance
of a permit from the septic approval authority; and,
f) no accessory structures or uses shall be permitted in conjunction
with the secondary dwelling unit.
4.7
Cumulative Standards
a) Despite anything contained in this By-law, where any land, building
or structure is used for more than one purpose, all provisions of this
By-law relating to each use shall be complied with.
4.8
Dwelling Units Below Grade
a) No dwelling unit shall in its entirety be located in a crawlspace. If
any portion of a dwelling unit is located in a crawlspace, such
portion of the dwelling shall be limited to use as a furnace room,
laundry room, storage room, recreation room or utility room or a
similar use but shall not be used for sleeping accommodation.
b) A dwelling unit in its entirety shall be permitted in a basement
provided that an exit or exits complies with Section 4.6 (c), and
provided further, that the finished floor level of the dwelling unit is
not located below the elevation of any sanitary or storm sewer
service.
4.9
Accessory Dwelling Unit in a Non-Residential Building or on a
Non-Residential Lot
Where an accessory dwelling unit is a permitted use in a non-
residential building or on a non-residential lot, the following
requirements shall apply:
a) The accessory dwelling unit shall be connected to a municipal water
supply and sewer service
b) The accessory dwelling unit shall have a separate parking space as
set out in Section 4.31.
c) In a Commercial C1 or C2 Zone, no dwelling unit shall be permitted
as a free standing building and no accessory dwelling unit shall be
located in a non-residential building except on a second or higher
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Zoning By-law 2510
storey or to the rear of the commercial use, if on the ground or
main level.
d) In a Commercial Zone, the total floor area of the accessory dwelling
unit(s) shall not exceed 50 % of the lot area and at least 50% of
the ground floor area of the building(s) shall be utilized as a
commercial use.
e) No accessory dwelling unit shall be permitted in a commercial
building used for an automotive service i.e. auto body shop, auto
repair garage, auto service station, automotive sales establishment,
car wash, gas bar, gasoline card lock facility or recreational vehicle
sales, storage and repair establishment.
4.10 Fences
Any fence erected hereafter within the Municipality shall conform to
the following provisions:
Maximum Height of a Fence
a) 1 m [3.2 feet] in any required front yard or exterior side yard of a
residential zone.
b) 2 m [6.56 ft.] in any other required yard in a residential zone.
c) 2 m [6.56 ft.] in any required yard in a non-residential zone except
a commercial or industrial zone.
d) 3 m [9.84 ft.] for any fence in any industrial or commercial zone.
4.11 Flood Plain Elevation
For the purposes of this By-law, the flood plain includes all lands below
the elevation of 178.3 m CGD along the Lake Huron shoreline,
Thessalon River, and lands within the Environmental Protection (EP)
Zone. No building, structure or land use is authorized on lands below
the flood plain elevation with the exception of docks and marine
facilities. Modification of the flood plain through filling, excavation or
by other means is prohibited unless otherwise permitted by the public
authority having jurisdiction.
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4.12 Frontage on a Public Street or Private Road and Exemptions
a) Public Street
No person shall erect any building or structure in any zone unless
the lot upon which such building or structure is to be erected has
sufficient frontage on a public street (developed in accordance with
municipal standards) as per the requirements of the respective
zone within which the lot is situated. For the purposes of this By-
law a public street does not include an unopened road allowance.
b) Exemptions
1) For a public utility.
2) For any passive outdoor recreational use or activity (e.g.
recreational trails or similar activities).
3) Lots that have a registered right-of-way.
4) Certain non-residential uses which do not require frontage on a
public road to satisfy their business needs and access is
provided by way of a legal right-of-way.
5) For lands which form part of a common element plan of
condominium and where the road utilized for access is a
common element.
c) Maintenance or Subdivision Agreement
Despite subsection (a) above, where a maintenance or subdivision
agreement exists between the Municipality and a land owner(s) and
is registered on title, frontage on an unopened or unmaintained
public street or right-of-way shall be deemed to conform to the
provisions of this section, provided that such frontage is in
conformity with the zone standards set out in the corresponding
zone or an exception thereto.
d) Provincial Highway
In addition to all the municipal requirements, any development
adjacent to a provincial highway is also subject to the requirements
and permits of the Ministry of Transportation.
4.13 Garden Suite
a) Subject to the passing of Site Specific Temporary Use By-law under
Section 39 of the Planning Act, one Garden Suite only shall be
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permitted as a separate dwelling unit to a permitted main
residential use on the same lot, provided that the minimum lot area
is 450 m2 [4,844 ft2], that the maximum gross floor area of the
Garden Suite is 60 m2 [645.8 ft.2], that the maximum height of the
Garden Suite is 6 m [19.7 ft.] or the average height of the main
buildings on the subject and abutting lots, whichever is the lesser,
that the Garden Suite is located in a rear or interior side yard and
meets the minimum yard and lot coverage requirements set out in
the corresponding zone and is set back a minimum of 3 m [9.8 ft.]
from any rear or side lot line.
b) A Garden Suite shall only be permitted where the owner of the
property has entered into an agreement with the Municipality under
the Municipal Act to register the name(s) of the occupant(s), to
govern the appearance and maintenance of the structure and its
removal when the dwelling has been vacated, the occupant(s) die
or the temporary use By-law expires, whichever is applicable.
c) A Garden Suite shall comply with the Building Code.
4.14 Group Homes
a) Group Homes shall be permitted in all zones that allow residential
uses, provided they are licensed by the Province and/or approved
under Provincial Statutes and are in compliance with municipal by-
laws.
b) No group home shall be located closer than 800 m [2,624 ft.] in a
straight line distance to any another group home.
4.15 Height Exceptions
The height regulations set out in this By-law shall not apply to any of
the following:
a) Air conditioning system
b) Chimney
c) Church spire or belfry
d) Drying tower
e) Elevator or stairway enclosure
f) Enclosed mechanical and electrical equipment
g) Flag pole
h) Hydro electric transmission tower
i) Lighting standards
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j) Lightning rods
k) Mechanical equipment penthouse occupying less than twenty-five
percent (25%) of the area of the roof of the building on which it is
located
l) Ornamental dome, cupola, turret or clock tower
m)
Receiving and transmitting antenna
n) Receiving stations and communications or cellular towers
o) School gymnasium
p) Theatre or cinema auditorium
q) Ventilating fan or skylight
r) Water storage tower or tank
4.16 Home Based Businesses
Despite any other provisions contained in this By-law, for all residential
zones within which home based businesses are permitted, the
following provisions shall apply:
a) Scope of Permitted Businesses
The scope of home based businesses shall be any of those that fall
within any of the following categories:
1. professional and consulting services (examples: architect,
financial advisor, accountant, consultant, legal services,
physician, teleworking, surveyor);
2. instructional services (examples: music lessons, dance, art and
academic tutoring) with a limit of 5 pupils;
3. home craft businesses (examples: quilting, pottery, jewellery,
visual arts, woodworking, small scale assembly);
4. home child care;
5. distribution sales offices or mail order sales (examples:
cosmetics, clothing or small household supplies);
6. offices for contractors and trades (examples: plumbing, heating,
electrician);
7. repair services (examples: small appliance, computers);
8. high technology uses (Internet services, office call centre
services, desk top publishing, hardware and software
development);
9. personal care services (examples: hairdressing/cutting, massage
therapist, esthetician).
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b) Prohibited Uses
Prohibited uses include a retail or wholesale store, clinic,
restaurant, nursing or convalescent home, adult entertainment
parlour, video rental outlet, an automotive use including
mechanical repairs and body work. The incidental and limited
retailing of products specifically fabricated on site shall be
permitted. Products sold by a distributor (distribution sales) shall
be permitted provided there is no on-site storage.
c) General Regulations for Home Occupations
1. The home based business shall be clearly secondary to the main
permitted residential use and shall not create nor become a
public nuisance with regard to noise, traffic, parking or health and
safety. A home based business is only permitted as an accessory
use where listed in a zone category in this By-law.
2. The business may be conducted entirely within the practitioner's
own residence wherein he/she must reside and/or in an accessory
building.
3. There shall not be more than one (1) business conducted within
any one dwelling and/or accessory building (where permitted)
which, in combination, shall not occupy more than 25 % up to a
maximum of 47 m2 [505.9 ft.2] of the floor area of the residential
dwelling. Where the business is conducted in an accessory
building, the accessory building shall be otherwise compliant with
regulations of this By-law and shall not have a floor area greater
than 47 m2.
4. No machinery or equipment shall be used that is not compatible
with a residential area (e.g. back hoe, front end loader, transport
tractor or trailer).
5. No outdoor storage associated with the business shall be
permitted.
d) Employees, Hours and Parking
1. The business shall be operated by the owner or occupant of the
dwelling who resides in the dwelling within which it is located and
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shall not employ any persons to work on-site who do not reside
therein.
2. The number of business vehicles parking on the premises shall be
restricted to those operated by occupants of the dwelling unit and
limited to a maximum of one.
3. The business shall not generate excessive traffic, noise, dust,
odour, smoke and shall not create a traffic hazard.
4. All deliveries to the business shall take place on the same lot as
the business.
5. There shall not be more than two (2) commercially licensed
delivery vehicles parked at any one time on the property of the
home based business and any commercial vehicles shall be
parked behind the building line.
6. The business shall maintain reasonable hours of business, and
shall be subject to full compliance with the Municipalitys Noise
By-law.
7. The business shall not receive clients or deliveries between the
hours of 21:00 h and 07:00 h.
e) Signage
1. There shall be no external signage or advertising anywhere on
the property to indicate the nature of the business, other than a
maximum of one non-illuminated sign having a total display area
not exceeding 0.3 m2 [3.2 ft.2].
2. Such permitted sign may be mounted, affixed, painted or
imprinted onto the building where the business is being
conducted, or erected perpendicular to a street or road (e.g. free
standing sign) up to a maximum height of 2 m [6.56 ft.]. A
permitted sign erected along a street or road shall be set back at
least 3 m [9.84 ft.] from the street line.
4.17 Keeping of Animals
No animals other than domestic pets shall be kept in any zone except
in association with a permitted kennel or animal hospital. For the
purposes of this By-law, a domestic pet shall not include any hoofed
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animal or animal otherwise prohibited by the Town of Thessalon
Animal Control By-law, as amended. This provision shall not be
deemed to limit the keeping of livestock where an agricultural use is a
permitted use.
4.18 Kennels
Despite any provisions in this By-law to the contrary, commercial or
boarding kennels shall only be permitted in an Industrial or Rural
Zone. The minimum separation distance between a kennel and any
existing residential dwelling or any lot in a residential zone shall be
100 m [328 ft.].
4.19 Land Suitability For Use
Despite any other provision of this By-law, no habitable building or
structure shall be constructed, erected, altered or used on land which,
by reason of its rocky, low lying, slope, marshy, unstable character or
which is located or may be located on organic soil unless the
proponent or applicant for development can demonstrate through
professionally acceptable engineering techniques that the physical
constraint can be mitigated or overcome and that the requirements of
the Ontario Building Code with respect to construction and the
requirements of the Ontario Water Resources Act and the Ontario
Building Code with respect to the installation of an individual on-site
sewage and water system, where required, can be met.
4.20 Landscaped Area
Except where otherwise regulated by a valid Site Plan Control
agreement, the following landscaped area shall apply:
a) Planting Strip Location and Purpose
Where, in a yard in any zone, a parking area which is required to
provide for more than four (4) off-street parking spaces abuts an
existing residence or a lot in a Residential Zone, or where any lot in
an Industrial or a Commercial Zone (except a marine commercial
zone) abuts an existing residence or a lot in a Residential Zone,
then a continuous strip of landscaped area having a minimum width
of 3 m [9.84 ft.] for a commercial use and 4 m [13.1 ft.] for an
industrial use shall be provided along the abutting lot line of the lot.
Landscaped materials shall be of sufficient size and type to
effectively provide a visual screen between the particular
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properties. A combination of landscaped berms and fencing may
also be used to effectively provide a visual screen. In any zone, any
portion of any front yard which is not used for another permitted
purpose shall be devoted to a landscaped area.
This provision may be substituted where provision is made for
landscaping in a site plan control agreement.
b) Height of the Planting Strip
The required height of the planting strip where required as part of a
landscaped area shall be 1 m [3.28 ft.] and shall be measured in
relation to the edge of the adjacent area to be screened. In such
cases where the established grade, of the location at which the
screen is to be planted is less than the established grade of the
edge of the adjacent area, the required height of the screen shall
be increased in an amount equal to the difference in elevation. In
the event that the established grade of the location at which the
screen is to be planted is greater than that at the edge of the
adjacent area, the minimum height of the screen shall apply.
This provision may be substituted where provision is made for
landscaping in a site plan control agreement.
c) Interruption of Planting Strip for Driveways, Lanes or Pedestrian
Walks
In all cases, where ingress and egress driveways, lanes or
pedestrian walks extend through a required planting strip, it shall
be permissible to interrupt the strip.
d) Merchandise in Landscaped Areas
No commodity, merchandise, stock in trade or other article of trade
or commerce shall be placed, maintained or allowed to remain at
any place within a landscaped planting strip.
e) Residential Front Yards - R3 Zone
For residential uses in any R3 Zone, the use of the front yard shall
be restricted to visitor parking, driveways and landscaped area and
at least 50% of the front yard shall be devoted to the landscaped
area.
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This provision may be substituted where provision is made for
landscaping in a site plan control agreement.
f) Landscaped Open Space and Lot Area Calculations
Any land use for landscaped open space shall be included in any
calculations of lot area, yard requirements, housing density etc. as
set out in this By-law.
This provision may be substituted where provision is made for
landscaping in a site plan control agreement.
g) Existing Vegetation and Planting Conditions
Existing vegetation, in the form of mature trees and shrubs, shall
be preserved on any lands in any zone to the maximum extent
possible consistent with the siting of a building or structure on such
lands.
The selection of plant varieties shall be based on regional climatic
conditions, constraints of location, effectiveness in screening
adjacent properties, resistance to disease and insect attack,
cleanliness and ease of maintenance. Planting materials shall be
installed using acceptable horticultural practices and planting
materials shall consist of healthy nursery stock.
All required plant materials shall be maintained in a healthy
condition and wherever necessary replaced with new plant
materials to ensure continued compliance with landscaping
requirements. All required fences and walls shall be permanently
maintained in good repair and presentable appearance and
wherever necessary they shall be repaired or replaced.
h) Site Plan Control
The provisions for a landscaped area as set out in this section, shall
not be deemed to limit the Municipality's authority to impose other
landscaping measures through the site plan control process.
4.21 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with
the requirements of the Building By-law or any other By-law in force
within the Municipality or from obtaining any permit, license,
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Zoning By-law 2510
permission, authority or approval required by this or any other By-law
of the Municipality. When the regulations or requirements of any
department of another governmental authority impose greater
restrictions than imposed by this By-law, then the greater restrictions
shall apply.
4.22 Loading Space Requirements
For every building or structure hereafter erected for a commercial,
institutional or industrial use outside of the Commercial Core (C1
Zone), involving the frequent shipping, loading or unloading of
persons, animals, wares, merchandise or other goods, there shall be
provided and maintained loading facilities or spaces in accordance with
the following requirements:
a) Each loading space shall have a minimum height clearance of 4.0 m
[13.1 ft.] and shall be at least 3.5 m [11.4 ft.] wide by 10 m [32.8
ft.] long if situated inside of or at right angles to a building or
structure, or 13 m [42.6 ft.] long if situated parallel to the wall of a
building or structure.
b) Loading spaces shall be located in a rear or side yard, on the same
lot on which the main use is located, and each such space shall be
in an area whose distance from the lot line to a building or structure
is not less than 13 m [42.6 ft.] and shall have unobstructed ingress
and egress to and from a public street by means of a driveway, lane
or manoeuvring aisle of a minimum width of 6 m [19.7 ft.].
c) The number of recommended loading spaces shall be based on net
floor area of the building or structure as follows:
1)
Commercial and Institutional Uses
Net Floor Area
Loading Spaces Required
0 - 200 m²
[0 - 2,153 ft.2]
1
200.1 - 900 m²
[2,154 - 9,688 ft.2]
1
Over 900 m²
[9,688 ft.²]
2 loading spaces plus 1 loading
space for each 1,400 m² [15,070
ft.²] or fraction thereof in excess
of 900 m² [9,688 ft.²]
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Zoning By-law 2510
In the case of a shopping centre, or grouped commercial
uses in a single building, individual uses shall be
considered as single buildings for the purposes of
calculating the requirements for loading spaces unless the
store is less than 200 m² [2,153 ft.2], in which case the
total net floor area of the centre shall be used as the basis
to calculate the number of loading spaces.
2)
Industrial
Net Floor Area
Loading Spaces Required
0 - 450 m²
[0 - 4,844 ft.2]
1
450.1 - 8000 m²
[4,845 - 86,114 ft.2]
1
over 8000 m²
[86,114 ft.2]
2 loading spaces plus one space
for each 10,000 m² [107,643
ft.²] or fraction thereof in excess
of 8000 m² [86,114 ft.²]
d) The loading space requirements stated in subsection (c) shall not
apply to buildings or structures in existence as of the date of
passing of this By-law where there is a deficiency but shall apply to
areas of any expansion or enlargement to such buildings or
structures for which building permits have been issued after the
date of passing of this By-law.
e) The loading spaces and lanes shall be surfaced with a stable
material such as concrete, asphalt, crushed stone, or gravel.
4.23 Minimum Distance Separation, Influence Areas and Special
Setbacks
No person shall use any land, building or structure for a sensitive
land use unless it complies with the following minimum distance
separations, influence areas or special setbacks except where such
distances have been waived or reduced by a public authority, where
upon the revised distance, influence area or setback shall apply.
Separation distances, influence areas or setbacks shall be measured
as set out for the respective requirement.
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Zoning By-law 2510
a) Setback from Highway 17
The setback shall be the greater of 18 m (59 ft.), or a setback
distance as determined by a noise and/or vibration study if such is
required by Council or as determined by the Ministry of
Transportation and shall be generally measured from the point
source of the emission to the property line of the receptor land use.
b) Waste Management Facility
1. The influence area shall be 500 m (1,640 ft.) of a sensitive land
use measured from the boundary or perimeter of the (licensed)
fill area to the nearest location of the sensitive land use. Within
the influence area, no sensitive land use shall be permitted
unless an Environmental Impact Assessment is undertaken, to
the satisfaction of Council, to demonstrate that the proposed
development will not be negatively impacted by the waste
management facility (e.g. leachate migration, methane gas,
rodents, vectors, vermin, odour, litter, noise, etc.). In no case
shall the influence area be reduced to less than 30 m (98.4 ft.).
2. No development or land use shall be permitted within 30 m
(98.4 ft.) of the boundary or perimeter of the (licensed) fill area
of an active waste management facility.
3. No waste management facility shall be permitted within 30 m
(98.4 ft.) from any water body, drainage or irrigation channel.
In addition no waste management facility shall be permitted on land
covered by water or in any area subject to flooding.
c) Agricultural Use
Any livestock facility or dwelling or sensitive use shall comply with
the Minimum Distance Separation Formulae I and II, where
applicable.
d) Wastewater Treatment Lagoon (Town of Thessalon Lagoon)
The minimum separation distance between a wastewater treatment
plant and any sensitive land use shall be 100 m [328 ft.] and shall
be measured from the periphery or main wall of the noise/odour
producing source-structure to the closest property line of the
sensitive land use.
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Zoning By-law 2510
e) Quarry
The minimum separation distance between any quarry and any
sensitive land use shall be 300 m [984.2 ft.] measured from the
boundary or limit of the excavation and the closest property line of
the sensitive land use. The separation distance shall apply on a
reciprocal basis with respect to establishing a new quarry. This
provision shall not apply to infill on any existing lot of record
approved or zoned for a sensitive use as of the effective date of this
by-law.
f) Setback from a Shoreline or Water Body
Except as otherwise permitted in this By-law, the minimum setback
for a building or structure from the high water mark shall be 30 m.
g) Setback and Height Restrictions for a Wind Turbine
Minimum setback from Highway 17 right-of-way
125 m (410 ft.)
Minimum setback from all other property lines...
180 m (590.6 ft.)
Minimum setback from a waterbody
50 m (164 ft.)
Maximum turbine height, including rotor blades... 120 m (393.7 ft.)
Minimum setback between turbines
as determined by
manufacturer and an engineering report.
4.24 Non-Conforming and Non-Complying Uses
a) Continuance of Existing Uses
Nothing in this By-law shall prevent the use of any land, building or
structure for any purpose prohibited by this By-law if such land,
building or structure was lawfully used for such purpose on the day
of the passing of this By-law, so long as it continues to be used for
that purpose. The non-conforming use of any land, building or
structure, including non-conforming accessory buildings or
structures, shall not be changed except to a use which is in
conformity with the provisions of the zone in which the land,
building or structure is located, or without permission from the
Committee of Adjustment pursuant to the Planning Act.
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Zoning By-law 2510
b) Reconstruction of Existing Use
If a legal non-conforming or legal non-complying building should be
damaged or destroyed by a natural cause (i.e. flood, fire, tornado),
nothing in this By-law shall prevent the reconstruction or
strengthening to a safer condition of any such non-conforming
building or structure or any part thereof, provided that:
1. the non-conforming/non-complying features of the original
building are not worsened or aggravated by the strengthening or
reconstruction.
2. the reconstruction or repair is confined to the building or
structure located on the foundations and footprint of the original
non-conforming/non-complying building or structure.
3. reconstruction of the building or structure is commenced within
three (3) years.
c) Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any
building or structure for which a building permit has been issued
under the Building Code Act prior to the passing of this By-law, so
long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and
provided the permit has not been revoked under the Building Code
Act.
d) Road Widening
Nothing in this By-law shall prevent the erection or use of any land,
building or structure or the erection of any building or structure on
a lot which does not conform to the minimum lot frontage and/or
lot area and/or front yard setback, and in the case of a corner lot,
the side yard setback, as a result of a road widening taken by the
Municipality or the Ministry of Transportation of Ontario, provided
all other requirements of this By-law are complied with.
e) Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation, extension or
addition to a building or structure which is used for a purpose
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Zoning By-law 2510
specifically permitted within the zone in which such building or
structure is located and which building or structure legally existed
on the date of passing of this By-law, but which building or
structure does not comply with one or more of the zone
requirements of this By-law, provided such renovation, extension or
addition does not contravene any other requirements of this By-law
or cause new encroachments into required yards or setbacks. This
Section also applies to any residential use in a non-residential
building or zone.
f) Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot
having a lesser frontage and/or area and/or lot depth than is
required by this By-law is:
1. held under distinct and separate ownership from abutting lots,
according to the register for land in the Land Titles Office, on or
before the 1st day of June, 1979; or
2. a lot on a registered plan of subdivision, except for a lot in a
registered plan deemed not to be a plan of subdivision under the
Planning Act; or
3. created as a result of expropriation or highway widening, or
other land acquisition by her Majesty the Queen in right of
Ontario or Canada or any Crown agency or corporation or any
Municipality, or any other authority having the statutory powers
of expropriation;
4. and the lot is serviced with a municipal water supply and
municipal sewer service;
5. the lot may be used for a purpose permitted in the zone in which
the said lot is located provided all other applicable provisions of
this By-law are complied with.
g) Change of Use
The use of any lot, building or structure which is not permitted in
the zone in which it is located shall not be changed except to a use
which is listed as a permitted use in the zone applicable to the lot.
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Zoning By-law 2510
4.25 Outdoor Sales and Displays
a) Where outdoor sales and displays are permitted as an accessory
use, such sales and displays may take place on a required front or
side yard provided that no encroachment of a public right-of-way
(sidewalk or roadway) impedes the safe movement of pedestrians.
b) Outdoor sales and displays are not permitted on required parking
areas except on a limited or temporary basis i.e. truck load sale,
farm produce or farmer's market or flea market, firewood sales or
Christmas trees.
c) No screening or buffering is required for outside sales and displays.
d) This provision does not apply to garage or yard sales.
4.26 Parking and Storage of Vehicles
a) Parking for Residential Uses
1. Except as provided herein, no vehicles shall be parked or stored
in conjunction with a residential use unless the vehicle is located
within a garage, carport, driveway, designated parking area, or
on a street as may be permitted by Municipal By-law and such
driveway shall be exclusively devoted to the parking or storage
of vehicles.
2. No parking space for a residential use shall be used for the
outdoor parking or storage or a motor vehicle unless such
vehicle is used in operations incidental to the residential use of
the lot (i.e. home based business) on which it is parked or
stored, and bears a motor vehicle license plate and sticker which
is currently valid.
b) Parking of Commercial Vehicles in Residential Zones
Not more than one (1) commercial vehicle shall be parked on a
residential lot in a Residential (R1) Zone. Such commercial vehicle
shall not exceed a gross vehicle weight of 5,000 kg [11,023 lbs.].
Without limiting the foregoing, a commercial vehicle shall include
buses seating more than fifteen (15) persons, tractors, front-end
loaders, backhoes, a high-hoe or public utility vehicle.
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Zoning By-law 2510
c) Parking of Recreational Vehicles in Residential Zones
Any recreational vehicle, not exceeding 12 m [39.3 ft.] in length
(exclusive of a hitch or tongue), which is self-propelled or does not
require to be transported on a trailer (e.g. boat, camper, motor
home) shall be permitted in a Residential Zone provided it/they
is/are parked behind the front building line and 1.2 m [3.9 ft.] from
an interior side lot line, or 7.5 m [24.6 ft.] from an exterior side lot
line or rear lot line where the rear lot line abuts a lane or public
street. [See also 4.30 (a).] Where lands are used for an apartment
dwelling or group housing a recreational vehicle shall be located
within a building and shall be in addition to the parking spaces
required in Section 4.31 of this By-law.
d) Construction and Coverage of Parking Areas in Commercial
and Industrial Zones
The driveway and parking space areas in Commercial and Industrial
Zones shall be constructed of crushed stone, asphalt paving,
concrete, paver stones or similar materials and shall be maintained
and treated so as to reduce dust, scattering of stones and similar
potentially undesirable effects on adjoining properties.
e) Driveways, Entrances and Exits
Motor vehicle access to a street shall be over a driveway, ingress or
egress conforming with the standards:
1. Driveway Width shall mean the width of the driveway as
measured from the street to its termination, and shall apply to
the entirety of the length of the driveway.
2. Ingress and egress, to and from any required parking space(s)
and area(s) shall be provided by means of unobstructed
driveways or passageways at least 3 m [9.84 ft.] but not more
than 9 m [29.5 ft.] in perpendicular width. In the case of a two-
way driveway, the minimum width shall be 6 m [19.6 ft.].
3. The maximum width of any joint ingress driveway ramp
measured along the street line shall be 9 m [29.5 ft.].
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Zoning By-law 2510
4. Parking spaces required for any apartment building shall not be
provided in any required front yard, or any required exterior side
yard abutting a public street.
5. The minimum angle of intersection between a driveway and the
street line shall be 60 degrees.
6. The minimum distance between a driveway and intersecting
street lines, measured along the street line intersected by such
driveway shall be 7 m [22.9 ft.] and the minimum distance
between the nearest points between any two access driveways
on the same lot shall be 8 m [26.2 ft.].
7. Every lot shall be limited to up to two driveways for the first 30
m [98.4 ft.] of frontage and not more than one additional
driveway for each additional 30 m [98.4 ft.] of frontage.
8. In addition to the above, all driveways shall be subject to the
Municipality's requirements for entrances and/or the
requirements for site plan control or other applicable standards.
9. Driveways to commercial and industrial uses shall not pass
through a Residential Zone.
f) Parking Area For More Than Four Vehicles
In any zone, where a parking area is designed to accommodate
more than four vehicles, the following provisions shall apply:
1. The parking area shall be constructed of crushed stone, asphalt
paving, concrete, paving stones, or similar materials and shall be
maintained and treated so as to reduce the raising of dust and
scattering of stones and similar undesirable effects on adjoining
properties and shall incorporate drainage facilities that comply
with the requirements of the Municipality.
2. Parking areas shall be provided with at least one (1) entrance
and one (1) exit for vehicles, and driveways, and aisles for the
removal of a vehicle without the necessity of removing any other
vehicle.
3. Illuminated parking areas shall have fixtures with a height of no
greater than 9 m [29.5 ft.] and fixtures shall be designed to
direct light downward and deflected away from any adjacent
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Zoning By-law 2510
lots, roads and streets.
4. Parking areas shall be located in the same zone and on the same
lot as the use it is intended to serve except for uses on islands or
those lots with water access only, in which case the parking may
be zoned independently. See also Section 4.30 (l).
g) Dimensions of parking spaces
Each standard parking space shall have a minimum width of 3 m
[9.84 ft.] and a minimum length of 6 m [19.6 ft.]. Each barrier-free
parking space shall have a minimum width of 3.6 m [11.8 ft.] and a
minimum length of 6 m [19.7 ft.].
h) Parking Requirements for Mixed-Use Buildings
Unless permitted elsewhere in this By-law, where two or more uses
are permitted in any one building or on any one lot, the off-street
parking requirements for each use shall be calculated as if each use
is a separate use, and the total number of off-street parking spaces
so calculated shall be the required number of parking spaces.
i) Parking Requirements for Existing Buildings
The parking space requirements shall not apply to any building in
existence with a legal non-complying parking deficiency at the date
of passing of this By-law to the extent of the deficiency so long as
the gross floor area, as it existed on such date, is not increased and
no change in use occurs. If an addition is made to the building or
structure which increases the gross floor area, or a change in use
occurs, then parking spaces for the addition or area changed in use
shall be provided.
j) Alternative Location of Parking Space(s)
Where off-street parking required by this By-law cannot be provided
for on the same lot, such parking may, at the discretion of the
Municipality, be provided for on an alternative lot which is located
within 100 m [328 ft.]. Where parking is provided on an alternative
lot, such parking shall be secured by an agreement confirming the
use of the parking spaces in respect of the lot proposed for the
parking use and by restricting the use of the development lot to the
continued provision of the alternate parking or provision of
replacement parking. Where not permitted by the Municipality (e.g.
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for lease of parking spaces in a municipal parking lot or commercial
parking area or nearby private property) the required parking for all
uses shall be provided on the same lot as the main use.
k) Calculation
Where the application of ratios result in a fraction of a parking
space, the required number of spaces shall be rounded to the next
highest whole number.
l) Barrier-free Parking
Barrier-Free
Parking Spaces
No. of standard parking
spaces:
-
≤ 25
-
26-50
-
51-75
-
76-100
-
101-150
-
151-200
-
201-300
-
301-400
-
401-500
-
501-1000
-
Over 1000
No. of Barrier-free
parking spaces
required:
-
1
-
2
-
3
-
4
-
5
-
6
-
7
-
8
-
9
-
2% of total
20 + 1% over 1000
m)
Parking in the Commercial Core - C1 Zone
The parking requirements as set out in Section 4.31 shall not apply
within the Commercial Core (downtown) General Commercial (C1)
Zone.
4.27 Parking Requirements (Schedule)
The provisions for parking space requirements shall apply to the uses
as set out in the following Schedule:
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Schedule for Parking Requirements
USE
MINIMUM NUMBER OF
REQUIRED
PARKING SPACES
Residential:
single detached, semi-detached or
duplex, mobile home, converted
dwelling, triplex
1 space per dwelling unit
Residential:
apartment dwellings, fourplex, row or
town house
(Any building containing more than
two (2) dwelling units including a
mixed use building containing a
residential use.)
1 space per dwelling unit,
15% of which shall be
dedicated as visitor parking or
1 space per dwelling unit if
located in a Commercial (C1)
Zone
Residential:
Long-term care facility
0.25 spaces per dwelling unit
General business: convenience
store, retail store, personal service
establishment and any commercial
uses other than those specified.
5.4 spaces per 100 m²
[1,076.4 ft2] of Gross
Leasable Area (GLA)
Laundromat
2 spaces for every five
washing machines or cleaning
units
Shopping Centre
5.4 spaces per 100 m²
[1,076.4 ft2] of Gross
Leasable Area (GLA)
Funeral Home
1 space for each 5 seat
capacity of the chapel with a
minimum of ten (10) spaces
Office, Banks, Personal Service
Establishment, Custom Workshop
3.5 spaces for each 100 m2
[1,076.4 ft.2] of Gross
Leasable Area (GLA)
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USE
MINIMUM NUMBER OF
REQUIRED
PARKING SPACES
Automotive Uses: Auto body shop,
auto repair garage, auto service
station
3 spaces per service bay plus
1 space per employee;
minimum 4 spaces
Gas Bar, Card-lock Facility, Car
Wash
2 spaces per pump or wash
bay plus queuing spaces for a
manual or an automated wash
car wash [see also 4.2 (f)]
Automobile Sales Establishment,
automotive sales establishment,
recreational vehicle sales, storage
and repair establishment
The greater of 25 spaces or
one space per 32 m² [344.4
ft.2] of Gross Floor Area
Truck, Transport or Bus Terminal
20 spaces plus 10 designated
spaces for (3 m by 13 m) [9.8
ft. by 42.6 ft.] transports or
buses.
Place of Assembly: private clubs,
auditorium, halls, arena, community
centre, and similar places of public
assembly, bingo hall, recreational
commercial establishment, adult
entertainment establishment, club,
place of amusement
1 space for every 5 seats,
fixed or otherwise or 3.6 m
[11.8 ft.] of bench space; or
where there are no seats, 1
space for every 20 m2 [215.2
ft.2] of floor area devoted to
public use.
Place of Worship
1 space per 8 seats or 5 m
[16.4 ft.] of bench or pew
space whichever is greater
Library, Museum, Art Gallery
1 space for each 50 m2 [538.2
ft.2] of Gross Floor Area
Government Building
1.5 spaces for each 28 m2
[301.3 ft.2] of Gross Floor
Area plus 10 space for visitor
parking
Bowling Alley/Curling Rink
4 spaces per lane/sheet
Bed & Breakfast establishment
1space per guest unit in
addition to parking spaces
required for a dwelling unit.
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USE
MINIMUM NUMBER OF
REQUIRED
PARKING SPACES
Boarding or Rooming house,
lodging/tourist home, tourist
establishment (see hotel, motel)
1 space for every bedroom
Building supply store, lumber
outlet, contractor's yard, garden
centre, nursery, commercial
greenhouse, salvage yard, factory
outlet
1 space for each 40 m2 [430.5
ft.2] of gross floor area
Marina
1 space for each 19 m2 [204.5
ft.2] of Gross Leasable Area
(GLA) plus one space for each
boat slip
Marine
1 space for every 5 seats
capacity of vessel(s)/aircraft
using the facility
Golf Course
24 spaces for each 9 holes of
golfing facilities
Driving Range
1 space per stall (tee) with a
minimum of 10 spaces
Outdoor recreational uses,
campground
10 spaces for each miniature
golf facility, one space for
each tee on a driving range,
or 1 space per campground
site
Park
1 space for each four visitors
making up the total capacity
of the park as shown on a site
plan or declared by the owner
Clinic
4 spaces per practitioner
Day nursery
1 space per staff member: 2
spaces minimum
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USE
MINIMUM NUMBER OF
REQUIRED
PARKING SPACES
Equipment rental, sales or service
establishment
1 space per 50 m2 [538.2 ft.2]
of open storage or gross sales
area plus 1 space per
employee
Farmer's market
2.5 spaces per individual
outdoor or indoor vendor table
or booth
Group Home
1 space for every two beds
Hotel, motel
1 space per guest room or
suite, plus 1 space per 10 m2
[107.6 ft.2] of Gross Floor
Area (GLA) devoted to public
use such as dining rooms,
licensed beverage rooms,
banquet rooms.
Manufacturing, industrial use
storage or wholesale, warehouse
1 space per 75 m2 [807.3 ft.2]
of Gross Floor Area or 0.6
spaces per employee
whichever is the greater
Nursing home, convalescent
home, home for the aged, long
term care facility, retirement
residence
1 space for every 3 beds
Hospital
3 spaces for every 4 beds
Physician, dentist, or other
professional person, who has
established an office for
consultation or emergency
treatment in their private
residence
3 parking spaces in addition to
parking spaces required for a
dwelling unit.
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USE
MINIMUM NUMBER OF
REQUIRED
PARKING SPACES
Restaurant, tavern, road house,
liquor licensed premise
1 space for every 4 persons to
be accommodated according
to the maximum rated
capacity or 20 spaces per 100
m2 [1,076.4 ft.2] of floor area
devoted to public use
including terraces, patios,
decks and similar areas.
School - elementary
1 space per staff member plus
1 space per 3.7 m2 [39.8 ft.2]
of floor area in a gymnasium,
auditorium or assembly area
School - secondary or commercial
1 space per staff member plus
3 spaces per 3.7 m2 [39.8
ft.2] of floor area in a
gymnasium, auditorium or
assembly area
Veterinary Establishment, animal
shelter, Kennel
1 space for each 28 m²
[301.3 ft.2] of Gross Floor
Area
Uses not otherwise specified
1 space per 28 m² [301.3 ft.2]
of Gross Floor Area
4.28 Permitted Projections
Every part of any minimum required yard shall be open and
unobstructed from the ground to the sky by any building or structure
other than an accessory building or structure permitted elsewhere in
this By-law, provided however, that those structures listed below shall
be permitted to project into the required yards indicated for the
distances specified.
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Zoning By-law 2510
Provisions for Permitted Projections
Structure
Maximum Projection into
required Yard
Belt courses, chimney breasts,
cornices, minor eaves, gutters,
pilasters, sills, or other
ornamental structures, exterior
staircases,
stoops, landings - all yards
0.75 m [2.46 ft.]
Eaves - all yards
Front and rear yards - 1.2 m [3.93
ft.]
Side yards - 0.6 m [1.9 ft.]
Window bays - all yards
1 m [3.28 ft.] including eaves and
cornices. Maximum width - 3 m [9.8
ft.]
Balconies, canopies, unenclosed
platforms and unenclosed
porches at ground level or first
storey extending into a front or
rear yard. (Projection into a side
yard or onto a driveway or
pedestrian way shall not be
permitted.)
0.75 m [2.46 ft.]
Balconies and canopies located
above the first storey extending
into a front or rear yard.
(Projection into a side yard not
permitted.)
1.2 m [3.9 ft.]
Open or roofed decks at ground
level (excluding stairs) - front
and rear yard only
Front - 2 m [6.56 ft.] including the
eaves and cornices
Rear - 3 m [9.84 ft.] including the
eaves and cornices
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Zoning By-law 2510
Provisions for Permitted Projections
Awnings, fences, garden trellises
and similar landscaping features,
all plant materials, clothes poles,
flag poles, uncovered paved
patios, retaining walls,
landscaping features, similar
accessories
No maximum into any yard
Barrier free architectural
structures i.e. ramps
As set out in the Ontario Building
Code
Fire escapes, antennae towers,
satellite dishes
0.75 m [2.46 ft.] into a side or rear
yard
Air conditioner
0.5 m [1.6 ft.] into any yard. In the
C1 Zone, no air conditioner shall be
permitted at the ground level or first
storey.
Heat Pump
1.5 m [5 ft.] into a side or rear yard
4.29 Prohibited Uses
Except as specifically permitted in this By-law, the following uses are
prohibited:
a) No use shall be permitted within the Municipality which, from its
nature or the materials used therein, is declared under any Act or
regulation thereunder to be a noxious trade, business or
manufacture.
b) Except as otherwise specifically permitted in this By-law, no land
shall be used and no building or structure shall be erected, altered
or used for any purpose which is obnoxious or which creates or is
likely to become a nuisance or offensive, or both, to an adjacent
property holder or to the general public.
c) An oil refinery, iron or steel mill or refinery.
d) A dwelling unit in a basement having a height of 2 m [6.56 ft.] or
less.
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4.30 Recreational Vehicles
One (1) licensed and operational Recreational Vehicle shall be
permitted to be stored on any residential zoned lot provided the lot
and existing dwelling is otherwise compliant with the regulations of
this By-law. The Recreational Vehicle shall be owned by the owner or
lessee of the lot on which it is stored, shall be compliant with minimum
side yard setback requirements and shall not be used for habitable
purposes at any time while it is situated on the lot.
4.31 Sight Triangle
a) Prohibited Uses
On any corner lot in any zone which abuts the lot within the sight
triangle, the following uses are prohibited:
1. a building, structure, or use which would obstruct the vision of
drivers of motor vehicles;
2. a fence, tree, hedge, bush or other vegetation greater than 1.0
m [3.28 ft.] above the elevation of the street except a chain link
or wire fence;
3. any portion of a delivery space, loading space, driveway or
parking space;
4. a berm or other ground surface which exceeds the elevation of
the street by more than 1.0 m [3.28 ft.].
b) Sight Distances
For the purposes of this By-law, the following sight distances shall
apply:
1. no distance requirement in lands zoned General Commercial (Cl)
Zone;
2. Five (5) m [16.4 ft.] in all other zones.
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Zoning By-law 2510
4.32 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in
accordance with the applicable by-law(s) of the Town.
4.33 Streets and Parks
In any zone established by this By-law, public streets, walkways, bike
paths and parks are permitted.
4.34 Swimming Pools
A swimming pool is permitted as an accessory use to a permitted
residential or agricultural use:
a) In the side yard of any lot if:
1. no part of such pool is located closer to any lot line than the
minimum distance required for the principal building located on
such lot;
2. the maximum height of such pool is not more than 2 m (6.56 ft.)
above the average finished grade level of the ground adjoining
and within 5 m (16.4 ft.) of such pool; and
3. any building or structure, other than a dwelling, required for
changing clothing or pumping or filtering, or any similar
purposes, complies with the provisions of this By-law respecting
accessory buildings on such lot.
b) In the rear yard of any lot provided that no part of such pool shall
be located closer to any lot line or street line than the minimum
distance required for any accessory building located on such lot.
c) Swimming pools shall not be erected in any front yard.
1. The minimum setback from the inside edge of the water in a
swimming pool to a lot line other than a street line shall be 1 m
[3.28 ft.] plus 0.3 m [0.98 ft.] for each 0.5 m [1.6 ft.] of height
of the swimming pool above the established grade around the
pool and also abuts a municipal street, however, it shall be
allowed in the side yard of such lots.
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Zoning By-law 2510
2. The minimum setback from the inside edge of the water in a
swimming pool to a street line shall not be less than the
minimum required setback required for the zone in which the
dwelling is erected.
d) Fence or Enclosure
Every in-ground pool in a residential zone shall be totally enclosed
by a fence constructed of suitable materials having a minimum
height of 1.5 m [4.92 ft.] with a self-locking gate and located at a
distance of not less than 1 m [3.28 ft.] and not more than 5 m
[16.4 ft.] from the inside edge of the pool.
e) Accessory Structures
Any building or structure, other than a dwelling, required for
changing clothing or pumping, filtering or storage or any similar
purposes shall comply with the provisions
respecting accessory buildings, structures and uses (see Section
4.1.1).
4.35 Temporary Buildings or Structures During Construction
a) Nothing in this By-law shall prevent the use of land or the use or
erection of a temporary building or structure or a scaffold or other
equipment essential to the construction in progress for which a
building permit has been granted, but only until such time as the
work has been finished or abandoned or such equipment is no
longer required in the opinion of the Municipality. Abandoned, for
the purposes of this clause, shall mean failure to proceed
expeditiously with the construction of a work, specifically the
discontinuance of construction for six months or where a building
permit has been revoked under the Building Code Act.
b) In addition, temporary accommodation for a business or other use
which is intended to occupy a building which is under construction
with the work in progress on such building, may be temporarily
permitted on the same lot in the form of a mobile, relocatable,
portable or transportable building provided:
1. such temporary accommodation is removed from the lot
immediately upon completion of construction, abandonment of
construction, or at such time as, in the opinion of the
Municipality, it is no longer required.
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Zoning By-law 2510
4.36 Through Lots
Where a lot is a through lot, the requirements for front yards and
setbacks contained in this By-law for the zone in which the lot is
located shall apply to each yard abutting a street.
4.37 Truck, Bus, Coach and Other Occupancy Restrictions
No truck, bus, coach, sea container or streetcar body, vehicle of any
kind (whether or not the same is mounted on wheels), private garage,
accessory building (other than an accessory dwelling or accessory
dwelling unit), unfinished building or structure for which an occupancy
permit (per the Building Code Act) has not been issued, shall be used
for human habitation within the Municipality. Marine vessels or
structures of any kind shall not be used for the purposes of permanent
human habitation except as customarily associated with marine
recreational uses. The use of a tent, trailer or recreational vehicle for
other than occasional accommodation of guests is not permitted.
4.38 Use by Public Authority or Public Utility
a) The provisions of this By-law shall not apply to the use of any land
or to the erection or use of any utility or infrastructure installation
for the purpose of public service by the Municipality, any public
authority, any department of the Government of Ontario or Canada
or any public utility including any Hydro One facilities pursuant to
the Planning Act, provided that where such land, building or
structure is located in a Residential Zone or on a lot adjacent to a
Residential Zone:
1. no goods, materials or equipment shall be stored in the open
except in accordance with the relevant zone provisions;
2. the lot coverage, setback and yard requirements of the zone in
which such land, building or above ground structure is located
shall be complied with, except for gas, telephone, cable and
electric power (i.e. poles, towers, lines and similar elements);
3. any building or structure erected in a Residential Zone under the
authority of this section shall be designed and maintained in
general harmony with the residential buildings of the type
permitted in the zone, and
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Zoning By-law 2510
4. the parking requirements as set out in the applicable zone shall
be complied with.
b) Nothing in this By-law shall prevent the use of any land for a site
for a statue, monument, cenotaph or other memorial structure.
4.39 Water Supply and Sewage Disposal Services
No building permit shall be issued for any lot on the basis of a private
well or private sewage disposal system where municipal water and/or
sewer services are accessible and available to the lot proposed for
development. Furthermore, Class 1 sewage systems are not permitted
as a means of sewage disposal for any land use in the Town of
Thessalon.
4.40 Yards
a) Where any part of a lot is required by this By-law to be reserved as
a yard, it shall continue to be used for such purposes regardless of
any change in the ownership of the lot or any part thereof and shall
not be deemed to form part of an adjacent lot for the purpose of
computing the area thereof available for building purposes.
b) Despite the yard and setback provisions of this By-law, in an
Industrial zone, a railway spur shall be permitted within any
required yard or in the area between the street line and the
required setback.
4.41 Zones
Where a lot is divided into more than one zone under the provisions of
this By-law, each portion of the said lot shall be used in accordance
with the zone requirements of this By-law for the applicable zone.
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Zoning By-law 2510
SECTION 5
ZONES
5.1
Zone Classification
For the purposes of zoning, the Municipality is divided into Zones
which are applicable to the Town of Thessalon. These zones are named
and described in the following sections, the boundaries of which are
shown on the attached Zone Schedules, herein referred to as a 'zoning
map, which forms part of this By-law. These zones may be referred to
by the name or the symbol set opposite the name of the zone below:
Zone
Zone Symbol
Residential Zones
Residential First Density ______________________________ R1
Residential Second Density ____________________________ R2
Multiple Residential __________________________________ R3
Commercial Zones
General Commercial__________________________________ C1
Highway and Tourist Commercial _______________________ C2
Marine Commercial __________________________________ C3
Industrial Zone
General Industrial ___________________________________ M1
Institutional Zone
Institutional ________________________________________ I
Environmental Zones
Open Space ________________________________________ OS
Environmental Protection ______________________________ EP
Hazard ____________________________________________ HZ
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Zoning By-law 2510
Rural Zone
Rural _____________________________________________ RU
Island _____________________________________________ ISL
5.2
Use of Zone Symbols
The symbols listed in subsection 5.1 may be used to refer to any of the
uses of land, buildings and structures permitted by this By-law in the
said zones and whenever in this By-law the word "zone" is used,
preceded by any of the said symbols, such zone shall mean any area
delineated on the zoning map and designated thereon by the said
symbol.
5.3
Holding "H" Designation
Any zone classification detailed in section 5.1 above may be placed in
a "Holding" classification by adding to the zone designation the word
"Holding" or the letter "H" as the case may be.(For example, a
Residential First Density "R1" Zone would become a Residential First
Density - Holding "R1-H" Zone).
5.4
Interpretation of Zone Boundaries
Where any zone boundary is uncertain on the Zoning Map, the
following rules shall apply:
a) Unless otherwise shown, the boundaries of the zones as shown on
the Zoning Map are the center lines of a highway, public street or
lane or unopened road allowance and the projection thereof,
including a public street, road or lane which has been closed
whereupon the adjoining zone or zones shall extend to the center
line of the closed public street, road or lane. Where a shoreline road
allowance has been closed, the adjoining zone on the landward side
shall extend and include all of the closed road allowance on the
affected lot;
b) A boundary indicated as following a watercourse, creek, stream or
the right-of-way of a railway or an electrical, gas or oil transmission
line shall be the center line of such watercourse, creek, stream or
right-of-way;
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Zoning By-law 2510
c) A boundary indicated as following the shoreline shall follow such
shoreline, and in the event of a change in the shoreline, the
boundary shall be construed as moving with the actual shoreline;
d) A boundary indicated as following the limits of the Town of
Thessalon shall follow such limits;
e) Where zoning boundaries are indicated as approximately parallel to
the line of any street and the distance from such street is not
indicated, such zoning boundaries shall be construed as being
parallel to such street lines and the distance therefrom shall be
determined by the use of the scale shown on the zoning map;
f) Where any zone boundary or a dimension is left uncertain after
application of the above provisions then the boundary or dimension
shall be determined from the zoning map using the scale bar
thereon.
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6.0
RESIDENTIAL FIRST DENSITY (R1) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Residential First Density (R1) Zone except in
accordance with the following provisions:
6.1 Permitted Uses
1) Single detached dwelling
2) Group Home
3) Day Nursery
4) Existing Institutional use
6.2
Zone Regulations
Regulations for Permitted Uses
Minimum Lot Area:
- Municipal Water and Sewer
500 m2 (5,382 ft2)
- Water Only
700 m2 (7,534.9 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
15 m (49 ft)
- Water Only
23 m (75.4 ft)
Minimum Lot Depth:
- Municipal Water and Sewer
26 m (85.3 ft)
- Water Only
26 m (85.3 ft)
Minimum Front Yard
6 m (19.7 ft)
Minimum Rear Yard
8 m (26.2 ft)
Minimum Interior Side Yard
1.5 m (4.92 ft)
Minimum Exterior Side Yard:
- Municipal Water and Sewer
3 m (9.8 ft)
- Water Only
6 m (19.6 ft)
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
30%
Maximum No. Dwelling Units on lot
(excluding accessory dwelling unit
or a garden Suite)
1
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Zoning By-law 2510
6.3
Zone Exceptions
6.3.1 On lands described legally as Plan 1M-531 Lots 1 - 33 and Plan 1M-533
Lots 1-20 otherwise known as Phase 1 and Phase 2 of the Lighthouse
Point Plan of Subdivision in the Town of Thessalon and located in the
R1-5 Zone, the following provisions shall apply:
1. That the Zoning By-law creates the following site-specific zone
regulations for lands described legally as Plan 1m-531 Lots 1 - 33 and
Plan 1M-533 Lots 1-20 otherwise known as Phase 1 and Phase 2 of the
Lighthouse Point Development:
a) No buildings shall be erected on each lot other than one (1) detached
private single family dwelling house with garage, a maximum of one
(1) detached garage and a maximum of one (1) accessory building;
b) Requests for additional accessory buildings are to be submitted in
writing with plans to the Planning Advisory Committee for review and
the Planning Advisory Committee does not guarantee approval;
c) No accessory building constructed on any lot shall remain without
the exterior finishing thereof being completed, such finishing to
be made of a grade and quality equivalent to the exterior finishing
of the dwelling house on the same lot;
d) Requiring a minimum floor area of 1,000 ft2 for a single storey
dwelling;
e) Requiring a minimum floor area of 1,600 ft2 for a two-storey
dwelling;
f) Prohibiting radio transmission towers;
g) Prohibiting commercial vehicles in excess of 5,000 pounds;
h) Prohibiting the storage of construction equipment and building
materials unless a building permit has been issued; and,
i) No recreational vehicles, trailers or mobile homes shall be placed,
kept, stored or parked on the shore side on any lot.
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6.4
Holding Provisions
6.4.1 Lands located in the R1-H Zone with frontage on Highway 17 are
subject to a Holding (H) provision. The Holding (H) provision shall be
removed in whole or in part upon confirmation that the lands are
appropriately designated in the Town's Official Plan.
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Zoning By-law 2510
7.0
RESIDENTIAL SECOND DENSITY (R2) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Residential Second Density (R2) Zone except in
accordance with the following provisions.
7.1
Permitted Uses
1) Semi-Detached dwelling
2) Duplex dwelling
3) Triplex Dwelling
4) Boarding House
5) Home for the Aged, Nursing home, Long Term Care Facility
6) School
7) Place of Worship
7.2 Zone Regulations
7.2.1 Single Detached Dwelling
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
500 m2 (5,382 ft2)
- Water Only
500 m2 (5,382 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
15 m (49 ft)
- Water Only
15 m (49 ft)
Minimum Lot Depth:
- Municipal Water and Sewer
24 m (78.7 ft)
- Water Only
24 m (78.7 ft)
Minimum Front Yard:
- Municipal Water and Sewer
6 m (19.6 ft)
- Water Only
6 m (19.6 ft)
Minimum Rear Yard:
- Municipal Water and Sewer
8 m (26.2 ft)
- Water Only
8 m (26.2 ft)
Minimum Interior Side Yard:
- Municipal Water and Sewer
2 m (6.56 ft)
- Water Only
2 m (6.56 ft)
Minimum Exterior Side Yard:
- Municipal Water and Sewer
3 m (9.8 ft)
- Water Only
3 m (9.8 ft)
102
Zoning By-law 2510
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
50%
Maximum No. Dwelling Units on lot
1
7.2.2 Semi-Detached Dwelling (per dwelling unit)
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
300 m2 (3,229.2 ft2)
- Water Only
700 m2 (7,534.9 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
10 m (32.8 ft)
- Water Only
23 m (75.4 ft)
Minimum Lot Depth:
- Municipal Water and Sewer
24 m (78.7 ft)
- Water Only
24 m (78.7 ft)
Minimum Front Yard:
- Municipal Water and Sewer
6 m (19.6 ft)
- Water Only
7.5 m (24.6 ft)
Minimum Rear Yard:
- Municipal Water and Sewer
8 m (26.2 ft)
- Water Only
8 m (26.2 ft)
Minimum Interior Side Yard:
- Municipal Water and Sewer
2 m (6.56 ft)
- Water Only
4 m (13.1 ft)
Minimum Exterior Side Yard:
- Municipal Water and Sewer
3 m (9.8 ft)
- Water Only
7.5 m (24.6 ft)
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
50%
Maximum No. Dwelling Units on lot
1
103
Zoning By-law 2510
7.2.3 Duplex Dwelling, Triplex Dwelling
Regulations for Permitted Uses:
Minimum Lot Area - Duplex:
- Municipal Water and Sewer
550 m2 (5,920.3 ft2)
- Water Only
1,440m2 (15,500.5 ft2)
Minimum Lot Area - Triplex:
- Municipal Water and Sewer
650 m2 (6,996.7 ft2)
- Water Only
1440 m2 (15,500.5 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
18 m (59.0 ft)
- Water Only
30 m (98.4 ft)
Minimum Lot Depth:
- Municipal Water and Sewer
24 m (78.7 ft)
- Water Only
30 m (98.4 ft)
Minimum Front Yard:
- Municipal Water and Sewer
6 m (19.6 ft)
- Water Only
7.5 m (24.6 ft)
Minimum Rear Yard:
- Municipal Water and Sewer
8 m (26.2 ft)
- Water Only
7.5 m (24.6 ft)
Minimum Interior Side Yard:
- Municipal Water and Sewer
2.5 m (8.20 ft)
- Water Only
2.5 m (8.20 ft)
Minimum Exterior Side Yard:
- Municipal Water and Sewer
5 m (16.4 ft)
- Water Only
7.5 m (24.6 ft)
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
50%
Maximum No. Dwelling Units on
lot:
- Duplex
2
- Triplex
3
104
Zoning By-law 2510
7.2.4 Boarding House
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
550 m2 (5,920.3 ft2)
- Water Only
not permitted
Minimum Lot Frontage:
- Municipal Water and Sewer
15 m (49.2 ft)
- Water Only
not permitted
Minimum Lot Depth:
- Municipal Water and Sewer
24 m (78.7 ft)
- Water Only
not permitted
Minimum Front Yard:
- Municipal Water and Sewer
6 m (19.6 ft)
- Water Only
not permitted
Minimum Rear Yard:
- Municipal Water and Sewer
8 m (26.2 ft)
- Water Only
not permitted
Minimum Interior Side Yard:
- Municipal Water and Sewer
2 m (6.56 ft)
- Water Only
not permitted
Minimum Exterior Side Yard:
- Municipal Water and Sewer
3 m (9.84 ft)
- Water Only
not permitted
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
not permitted
Maximum No. Dwelling Units on
lot
1
105
Zoning By-law 2510
7.2.5 Home for the Aged, Nursing Home , Long Term Care Facility and
Non-residential uses, School, Place of Worship
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
1,650 m2 (17,761 ft2)
- Water Only
Minimum Lot Frontage:
- Municipal Water and Sewer
36.5 m (119.7 ft)
- Water Only
not permitted
Minimum Lot Depth:
- Municipal Water and Sewer
40 m (131.2 ft)
- Water Only
not permitted
Minimum Front Yard:
- Municipal Water and Sewer
9 m (29.5 ft)
- Water Only
not permitted
Minimum Rear Yard:
- Municipal Water and Sewer
10 m (32.8 ft)
- Water Only
not permitted
Minimum Interior Side Yard:
- Municipal Water and Sewer
3 m (9.84 ft)
- Water Only
not permitted
Minimum Exterior Side Yard:
- Municipal Water and Sewer
6 m (19.6 ft)
- Water Only
not permitted
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
50%
- Water Only
not permitted
Maximum No. Dwelling Units on
lot
n/a
7.3
Zone Exceptions
106
Zoning By-law 2510
8.0
MULTIPLE RESIDENTIAL (R3) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Multiple Residential (R3) Zone except in accordance
with the following provisions.
8.1
Permitted Uses
1)
Row or Townhouse or Maisonette Dwelling
2)
Fourplex Dwelling
3)
Apartment Dwelling
4)
Lodging/Tourist Home
5)
Rooming House
6)
Retirement Residence
8.2 Zone Regulations
8.2.1 Row, Townhouse or Maisonette Dwelling
Regulations for Permitted Uses:
Minimum Lot Area:
- Interior Unit
210 m2 (2,260.4 ft2)
- End Unit
300 m2 (3,229.2 ft2)
- Internal Townhouse development 770 m2 (8,288.4 ft2)
Minimum Lot Frontage:
- Interior Unit
7 m2 (22.9 ft2)
- End Unit
10 m2 (32.8 ft2)
- Internal Townhouse development 30 m2 (98.4 ft2)
Minimum Lot Depth
30 m (98.4 ft)
Minimum Front Yard
7 m (22.9 ft)
Minimum Rear Yard
10 m (32.8 ft)
Minimum Interior Side Yard:
- For an internal townhouse
development See Section 8.3 b
2.5 m (9.84 ft)
Minimum Exterior Side Yard
5 m (16.4 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage
50%
Maximum No. Dwelling Units on lot
n/a
107
Zoning By-law 2510
8.2.2 Fourplex Dwelling
Regulations for Permitted Uses:
Minimum Lot Area
800 m2 (8,611.4 ft2)
Minimum Lot Frontage:
20 m (65.6 ft)
Minimum Lot Depth:
30 m (98.4 ft)
Minimum Front Yard:
6 m (19.6 ft)
Minimum Rear Yard:
10 m (32.8 ft)
Minimum Interior Side Yard:
2.5 m (9.84 ft)
Minimum Exterior Side Yard:
5 m (16.4 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage:
50%
Maximum No. Dwelling Units on lot
4
8.2.3 Apartment Dwelling, Retirement Residence
Regulations for Permitted Uses:
Minimum Lot Area -
Apartment Dwelling:
- For first 5 units
900 m2 (9,687.8 ft2)
- for each additional unit
+130 m2 (1,399.3 ft2)
Minimum Lot Area -
Retirement residence
900 m2 (9,687.8 ft2)
- for each bedroom over 12 units
80 m2 (861.1 ft2)
Minimum Lot Frontage:
30 m (98.4 ft)
Minimum Lot Depth:
40 m (131.2 ft)
Minimum Front Yard:
7.5 m (14.6 ft)
Minimum Rear Yard:
10 m (32.8 ft)
Minimum Interior Side Yard:
6 m (19.6 ft)
Minimum Exterior Side Yard:
6 m (19.6 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage:
50%
Maximum No. Dwelling Units on lot
n/a
108
Zoning By-law 2510
8.2.4 Lodging, Tourist Home, Boarding House, Rooming House
Regulations for Permitted Uses:
Minimum Lot Area:
550 m2 (5,920 ft2)
Minimum Lot Frontage:
15 m (49.2 ft)
Minimum Lot Depth:
24 m (78.7 ft)
Minimum Front Yard:
6 m (19.6 ft)
Minimum Rear Yard:
10 m (32.8 ft)
Minimum Interior Side Yard:
2 m (6.56 ft)
Minimum Exterior Side Yard:
3 m (9.84 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage:
50%
Maximum No. Dwelling Units on lot
1
8.3
Zone Exceptions
109
Zoning By-law 2510
9.0
GENERAL COMMERCIAL (C1) ZONE
No person shall use any land or erect, alter or use any building or
structure in the General Commercial (C1) Zone except in accordance
with the following provisions.
9.1
Permitted Uses
9.1.1.Commercial Uses:
1)
Automotive Sales Establishment
2)
Auto Repair Garage
3)
Auto Service Station
4)
Bakery
5)
Bank
6)
Boarding House
7)
Building Supply Store
8)
Car Washing Establishment
9)
Clinic
10)
Club
11)
Commercial School
12)
Custom Workshop
13)
Dry Cleaning Establishment
14)
Equipment Rental Establishment
15)
Funeral Home
16)
Gasoline Bar
17)
Hotel
18)
Laundromat
19)
Liquor Store
20)
Liquor Licensed Premises
21)
Mini Warehouse and Public Storage
22)
Motor Vehicle Rental Establishment
23)
Nursery or Garden Centre
24)
Office
25)
Parking Garage, Structure or Lot
26)
Payday Loan Establishment
27)
Personal Service Establishment
28)
Place of Amusement
29)
Place of Worship
30)
Printing Establishment
31)
Private Club
32)
Recreational Vehicle Sales, Storage and Repair
33)
Restaurant
34)
Retail Store
110
Zoning By-law 2510
35)
Service Outlet/Shop
36)
Shopping Centre
37)
Tourist Establishment
38)
Tourist Outfitters Establishment
39)
Training Centre
40)
Veterinary Clinic
Institutional Use, Public Service Use:
a) All uses permitted in the Institutional (I) Zone
b) Office in conjunction with any permitted use
9.2
Zone Regulations
9.2.1 Commercial Use, Institutional Use, Public Service Use
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
n/a
- Water Only
1,850 m2 (19,913.8 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
15 m (49.2 ft)
- Water Only
30 m (98.4 ft)
Minimum Lot Depth:
- Municipal Water and Sewer
n/a
- Water Only
46 m (150.9 ft)
Minimum Front Yard
0.6 m (2 ft)
Minimum Rear Yard
n/a
Minimum Interior Side Yard
if next to residential zone
nil or 3 m (9.84 ft)
Minimum Exterior Side Yard
n/a
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
75%
- Water Only
50%
Only one payday loan establishment
shall be permitted in the Town of
Thessalon
9.3 Zone Exceptions
111
Zoning By-law 2510
10.0 HIGHWAY and TOURIST COMMERCIAL (C2) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Highway and Tourist Commercial (C2) Zone except in
accordance with the following provisions.
10.1 Permitted Uses
10.1.1
Permitted Commercial Uses
1)
Automotive Sales Establishment
2)
Auto Repair Garage
3)
Auto Service Station
4)
Bakery
5)
Bank
6)
Building Supply Store
7)
Campsite
8)
Campground
9)
Car Washing Establishment
10)
Clinic
11)
Club
12)
Commercial School
13)
Custom Workshop
14)
Driving Range
15)
Dry Cleaning Establishment
16)
Farmer's Market
17)
Funeral Parlour
18)
Gas Bar
19)
Gasoline Card Lock Facility
20)
Hotel
21)
Laundromat
22)
Lodging/Tourist Home
23)
Mini Warehouse and Public Storage
24)
Motel
25)
Nursery or Garden Centre
26)
Office
27)
Parking Garage, Structure or Lot
28)
Personal Service Establishment
29)
Place of Amusement
30)
Printing and Printing Establishment
31)
Recreational Vehicle Sales, Storage and Repair
32)
Recreational Commercial Establishment
33)
Restaurant
112
Zoning By-law 2510
34)
Retail Store
35)
Service Outlet/Shop
36)
Shopping Centre
37)
Tourist Establishment
38)
Tourist Outfitters Establishment
39)
Transportation Depot
40)
Veterinary Establishment
10.2. C2 Zone Regulations
Regulations for Permitted Uses:
Minimum Lot Area
736 m2 (7,922.2 ft2)
Minimum Lot Frontage:
20 m (65.6 ft)
Minimum Lot Depth
30 m (98.4 ft)
Minimum Front Yard:
3 m (9.84 ft)
Minimum Rear Yard:
10 m (32.8 ft)
Minimum Interior Side Yard:
3 m (9.84 ft)
Minimum Exterior Side Yard:
3 m (9.84 ft)
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage
75%
Maximum Gross Floor Area
3,720 m2 (40,043 ft2)
Including the floor area
occupied by any accessory
use
10.3 Zone Exceptions
113
Zoning By-law 2510
11.0 MARINE COMMERCIAL (C3) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Marine Commercial (C3) Zone except in accordance
with the following provisions.
11.1 Permitted Uses
1) Marina
2) Marine Facility
3) Recreational Commercial Establishment
4) Restaurant
11.2
C3 Zone Regulations
Regulations for Permitted Uses:
Minimum Lot Area
800 m2 (8,611.4 ft2)
Minimum Lot Frontage
20 m (65.6 ft)
Minimum Lot Depth
30 m (98.4 ft)
Minimum Setback from Water
15 m (49.2 ft)
except where use is a
marine facility
Minimum Front Yard:
6 m (19.6 ft)
Minimum Rear Yard:
9 m (29.5 ft)
Minimum Interior Side Yard
3 m (9.84 ft)
Minimum Exterior Side Yard
4.5 m (17.76 ft)
Maximum Height
10 m (32.8 ft)
Maximum Lot Coverage
50%
Maximum Gross Floor Area
3,720 m2 (40,043 ft2)
including the floor area
occupied by an accessory
use
11.3 Zone Exceptions
114
Zoning By-law 2510
12.0 GENERAL INDUSTRIAL (M1) ZONE
No person shall use any land or erect, alter or use any building or
structure in the General Industrial zone (M1) except in accordance
with the following provisions:
12.1 Permitted Uses
1)
Automotive Repair Garage
2)
Bakery
3)
Building Supply Outlet
4)
Communications Facility
5)
Contractor's Yard
6)
Custom Workshop
7)
Equipment Rental Establishment
8)
Gasoline Card Lock Facility
9)
Kennel
10)
Laundromat
11)
Mini Warehouse and Public Storage
12)
Manufacturing
13)
Printing and Publishing Establishment
14)
Public Service Use
15)
Public Utility
16)
Rental Establishment
17)
Restaurant
18)
Service Outlet
19)
Warehouse
20)
Welding Shop
21)
Workshop
12.2 Zone Regulations
Regulations for Permitted Uses:
Minimum Lot Area
6000 m2 (64,585.5 ft2)
Minimum Lot Frontage
20 m (65.6 ft)
Minimum Lot Depth
0 m (0 ft)
Minimum Front Yard:
9 m (29.5 ft)
Minimum Rear Yard:
7.5 m (24.6 ft)
- where the yard abuts a residential
zone
15 m (49.2 ft)
Minimum Interior Side Yard:
3 m (9.84 ft)
- where the yard abuts a residential
zone
15 m (49.2 ft)
115
Zoning By-law 2510
Minimum Exterior Side Yard
7.5 m (24.6 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage
40%
12.3 Zone Exceptions
12.3.1
Notwithstanding the permitted uses of the M1 Zone, on lands
described legally as Part Lot 84, East Part Lot 84 and Lot 85, Plan
871 and located in the M1-1 Zone the only permitted use shall be a
crematorium.
12.3.2
Notwithstanding the permitted uses of the M1 Zone, on lands
located in the M1-2 the only permitted use shall be a wastewater
treatment lagoon facility.
12.4 Holding Provisions
12.4.1
Lands located in the M1-H with frontage on boundary road are
subject to a Hold provision which shall be removed upon the
approval of an official plan amendment and the owner entering into
a site plan agreement with the Town.
116
Zoning By-law 2510
13.0 INSTITUTIONAL (I) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Institutional (I) Zone except in accordance with the
following provisions.
13.1 Permitted Uses
1)
Arena
2)
Cemetery
3)
Day Nursery
4)
Nursing Home, Home for the Aged, or Long Term Care Facility
5)
Hospital
6)
Library
7)
Museum
8)
Park or Playground
9)
Place of Assembly
10)
Place of Worship
11)
Private Club
12)
School
13.2 Zone Regulations Institutional
Regulations for Permitted Uses:
Minimum Lot Area:
- Municipal Water and Sewer
460 m2 (4,951.5 ft2)
- Water Only
1,400 m2 (15,069.9 ft2)
Minimum Lot Frontage:
- Municipal Water and Sewer
15 m (49.2 ft)
- Water Only
30 m (98.4 ft)
Minimum Lot Depth
n/a
Minimum Front Yard:
7.5 m (24.6 ft)
Minimum Rear Yard:
10 m (32.8 ft)
Minimum Interior Side Yard:
6 m (19.6 ft)
Minimum Exterior Side Yard:
3 m (9.84 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage:
- Municipal Water and Sewer
45%
- Water Only
25%
- Individual On-site Services
20%
117
Zoning By-law 2510
13.3 Zone Regulations Accessory Use
Regulations for Permitted Uses:
Minimum Lot Area:
n/a
Minimum Lot Frontage:
n/a
Minimum Lot Depth:
n/a
Minimum Front Yard:
7.5 m (24.6 ft)
Minimum Rear Yard:
3 m (9.84 ft)
Minimum Interior Side Yard:
6 m (19.6 ft)
Minimum Exterior Side Yard:
3 m (9.84 ft)
Maximum Height
4 m (13.1 ft)
Maximum Lot Coverage:
Total of all accessory structures
- Municipal Water and Sewer
10%
- Water Only
- Individual On-site Services
118
Zoning By-law 2510
14.0 OPEN SPACE (OS) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Open Space (OS) Zone except in accordance with the
following provisions.
14.1 Permitted Uses
1)
Areas of Archeological Potential
2)
Built Heritage Resource
3)
Cemetery
4)
Conservation Use
5)
Cultural Heritage Landscape
6)
Driving Range
7)
Golf Course
8)
Municipal Arena and Swimming Pool
9)
Museum
10)
Park
11)
Place of Assembly which is municipally owned
12)
Playground
14.2 Zone Regulations
Regulations for Permitted Uses
Minimum Lot Area:
n/a
Minimum Lot Frontage:
n/a
Minimum Lot Depth
n/a
Minimum Front Yard:
12 m (39.3 ft)
Minimum Rear Yard:
12 m (39.3 ft)
Minimum Interior Side Yard:
12 m (39.3 ft)
Minimum Exterior Side Yard:
12 m (39.3 ft)
Maximum Height
7.5 m (24.6 ft)
Maximum Lot Coverage:
5%
14.3 Zone Exceptions
14.3.1 Notwithstanding the permitted uses of the OS Zone, on lands
identified as OS-1 on Schedule A to this By-law, the only permitted
use shall be a recycling depot or transfer station.
14.3.2 Notwithstanding the permitted uses of the OS Zone, on lands
identified as OS-2 on Schedule A to this By-law and known as
Lakeside Park, the only permitted use shall be a campground.
119
Zoning By-law 2510
14.3.3 Notwithstanding the permitted uses of the OS Zone, on lands
identified as OS-3 on Schedule A to this By-law, the only permitted
use shall be a municipal surface water treatment plant.
120
Zoning By-law 2510
15.0 ENVIRONMENTAL PROTECTION (EP)
No person shall use any land or erect, alter or use any building or
structure in the Environmental Protection (EP) Zone except in
accordance with the following provisions.
15.1 Permitted Uses
1) Buildings or structures intended for flood or erosion control or slope
stabilization
2) Conservation use without buildings or structures
3) Parks without buildings or structures
4) Parking area
5) Hydro-electric generating facilities or a utility corridor
6) Marine Facility
15.2 Prohibited or Restricted Uses
1) Any building or structure which involves the storage of hazardous or
toxic materials e.g. ignitable, corrosive, reactive, radioactive or
pathological materials and sewage facilities
2) Any institutional use
3) Any essential emergency service such as those provided by fire,
police and ambulance stations and electrical substations which
would be impaired during an emergency as a result of flooding, the
failure of flood proofing measures and/or protection works and/or
erosion.
15.3 Zone Regulations
Regulations for Permitted Uses:
Minimum Lot Area:
n/a
Minimum Lot Frontage:
n/a
Minimum Lot Depth
n/a
Minimum Front Yard:
12 m (39.3 ft)
Minimum Rear Yard:
12 m (39.3 ft)
Minimum Interior Side Yard:
12 m (39.3 ft)
Minimum Exterior Side Yard:
12 m (39.3 ft)
Maximum Height
5.5 m (18.0 ft)
Maximum Lot Coverage:
5%
121
Zoning By-law 2510
16.0 RURAL (RU) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Rural (RU) Zone except in accordance with the
following provisions.
16.1 Permitted Uses
1) Agricultural Use and Agricultural Related Uses
2) Existing Uses
16.3 Zone Regulations Rural/Residential Uses
Regulations for Permitted Uses:
Minimum Lot Area:
1 ha (2.47 ac)
Minimum Lot Frontage:
100 m (328 ft)
Minimum Lot Depth
100 m (328 ft)
Minimum Front Yard:
20 m (65.6 ft)
Minimum Rear Yard:
20 m (65.6 ft)
Minimum Interior Side Yard:
10 m (32.8 ft)
Minimum Exterior Side Yard:
20 m (65.6 ft)
Maximum Height
10.5 m (34.4 ft)
Maximum Lot Coverage:
- Total of all structures
10%
Maximum Number of dwelling units
per lot
1
16.4 Zone Exceptions
122
Zoning By-law 2510
17.0 HAZARD (HZ) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Hazard (HZ) Zone except in accordance with the
following provisions.
17.1 Permitted Uses
1) Existing uses
2) Conservation uses without buildings or structures
3) Parks without buildings or structures
4) Marine facility
17.2 Zone Regulations
Any development or site alteration involving buildings or structures
shall be subject to a planning approval.
123
Zoning By-law 2510
18.0 ISLAND (ISL) ZONE
No person shall use any land or erect, alter or use any building or
structure in the Island (ISL) Zone except in accordance with the
following provisions.
18.1 Permitted Uses
1) Existing uses
18.2 Zone Regulations
Any development or site alteration shall be subject to a planning
approval which shall address the policy criteria of Section C9.4.1 of the
Thessalon Official Plan.
124
Zoning By-law 2510
ENACTMENT
This By-law shall come into effect upon the date of passage hereof, subject
to the provisions of Section 34 (30) and (31) of the Planning Act (Ontario).
By-law read a first and second time this 17th day of October, 2022.
By-law read a third and final time and passed this 17th day of October, 2022.
____________________________
_______________________
Clerk
Mayor