Zoning By-law No. 1-2022 (Office Consolidation to May 27, 2024) — full text

This is the exact embedded text of the captured official document. Snapshot 067adcaecf8e · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Accessible---Office-Consolidation-to-May-27-2024.pdf" municipality_ids: - gx-001794 content_type: "application/pdf" captured_at: "2026-08-23T23:44:06+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 227484 --- CITY OF THUNDER BAY ZONING BY-LAW 1-2022 EFFECTIVE APRIL 11, 2022 OFFICE CONSOLIDATION MAY 27, 2024 By-law 1-2022, effective on April 11, 2022 This consolidated copy of the City of Thunder Bay Zoning By-law 1-2022, as amended, has been prepared for the purposes of convenience only and it is not necessarily a true copy of the By-law. The City of Thunder Bay accepts no responsibility for the accuracy or completeness of this consolidation. In all cases, for accurate reference, the original by-laws lodged in the City Clerk's Office should be consulted. CITY OF THUNDER BAY ZONING BY-LAW | i HOW TO USE THIS BY-LAW Sections 1-10: Land use areas and zones Sections 1 to 10 describe distinct land use areas of the City. Lands within the same land use area have a similar built form and/or function in the community. Each land use area section has three subsections. Each subsection is identified with an icon. 1. Permitted uses and density standards The first subsection describes one or more zones. These zones permit specific uses and establish density standards on all properties within the land use area. Every property in the City is located within a zone listed in this By-law. You can determine what zone applies to a property by locating it on the Zoning By-law map. The official Zoning By-law maps are attached to this By-law as Schedule A. An interactive zoning map is also available online. To find out which zone applies to a property, go to the interactive zoning map and type in its address. If you don't know the address, search for a nearby landmark or search by manually moving the map. Each zone has a unique list of permitted uses. Only uses described in that list are permitted on lands designated as that zone. Zones have standards that control density such as lot size, lot coverage, and limits on the number of uses or buildings that also apply. 2. Height and location requirements The second subsection regulates the height and location for buildings, structures, and land uses such as outdoor storage. It includes minimum and maximum heights, setbacks, and separation distances for all buildings or structures in that land use area. This subsection applies to all zones described in the first subsection. 3. Access, landscaping, and parking requirements The third subsection regulates access, landscaping, and parking, such as maximum driveway widths or minimum number of required parking spaces, in that land use area. This subsection applies to all zones described in the first subsection. Section 11: Site development standards This section sets out the standards for site features such as landscaping and parking. This section includes details such as how large a parking space must be or how many accessible parking spaces need to be provided on a lot. These are important regulations that apply to all sites in every zone. Zoning By-laws traditionally refer to these standards as "general regulations". ii | CITY OF THUNDER BAY ZONING BY-LAW Sections 12-13: Use or areas specific regulations These sections only apply to specific uses, areas, or sites. Section 12 describes regulations for specific land uses such as backyard homes. The regulations apply to those uses regardless of what zone they are in. Section 13 regulates areas with special development constraints such as height restrictions or private servicing (i.e. private wells and septic systems). Lands identified by the environmental overlay or zoned EP - Environmental Protection are subject to the Lakehead Region Conservation Authority's (LRCA) permit system. A permit from the LRCA is required for most forms of development or site alteration in these areas. The environmental overlay is shown as grey shading on the Zoning By-law map attached as Schedule A. The environmental overlay can also be viewed using the interactive zoning map. Refer to Section 16.15.2 of this By-law for rules relating to the interpretation of the environmental overlay. Sections 14-17: Definitions and legal details These sections define specific terms and detail how the By-law is interpreted and enforced. Wherever a term in this By-law is in bold letters, the term has a defined meaning set out for it in Section 15. Wherever a term is in regular font, its typical English language definition applies. Schedules A, B, and C Schedule A is the map which identifies how properties in the City are zoned. These are available in an interactive online format. If the zone label is followed by an 'H' suffix, that area of land is affected by a holding provision. The number after the 'H' symbol on the zone label corresponds to specific holding provision. Consult Schedule B to determine what is included in the corresponding provision. If the zone label is followed by an SP' suffix, that area of land is affected by a site-specific provision. The number after the 'SP' symbol on the zone label corresponds to a site-specific zoning provision. Consult Schedule C to determine what is included in the corresponding provision. CITY OF THUNDER BAY ZONING BY-LAW | iii CONTENTS LAND USE AREAS AND ZONES 1 SECTION 1: RURAL AREAS 3 1.1 Permitted uses and density standards 5 1.1.1 RU - Rural Zone 5 1.1.2 RUC - Rural Commercial Zone 7 1.1.3 RR - Rural Resource Zone 8 1.2 Height and location requirements 9 1.2.1 Main buildings, structures, and outdoor storage 9 1.2.2 Accessory buildings and structures 10 1.3 Access, landscaping, and parking requirements 11 SECTION 2: RURAL SETTLEMENTS 13 2.1 Permitted uses and density standards 15 2.1.1 RS1 - Rural Settlement Zone 15 2.1.2 RS2 - Rural Settlement Commercial Zone 16 2.2 Height and location requirements 17 2.2.1 Main buildings and structures 17 2.2.2 Accessory buildings and structures 17 2.3 Access, landscaping, and parking requirements 18 iv | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS 21 3.1 Permitted uses and density standards 23 3.1.1 UL - Urban Low-rise Zone 23 3.1.2 UM - Urban Mid-rise Zone 26 3.1.3 UH - Urban High-rise Zone 28 3.1.4 UX - Urban Mixed Use Zone 29 3.1.5 NC - Neighbourhood Commercial Zone 31 3.2 Height and location requirements 33 3.2.1 Main buildings and structures 33 3.2.2 Accessory buildings and structures 37 3.3 Access, landscaping, and parking requirements 38 SECTION 4: PEDESTRIAN COMMERCIAL AREAS 47 4.1 Permitted uses and density standards 49 4.1.1 MS - Main Street Zone 49 4.1.2 DN - Downtown Neighbourhood Zone 50 4.1.3 WC - Waterfront Commercial Zone 51 4.2 Height and location requirements 52 4.3 Access, landscaping, and parking requirements 53 SECTION 5: COMMUTER COMMERCIAL AREAS 55 5.1 Permitted uses and density standards 57 5.1.1 SC - Service Commercial Zone 57 5.1.2 CC - Community Commercial Zone 58 5.1.3 RC - Regional Centre Zone 60 5.2 Height and location requirements 61 5.3 Access, landscaping, and parking requirements 61 CITY OF THUNDER BAY ZONING BY-LAW | v SECTION 6: BUSINESS AREAS 65 6.1 Permitted uses 67 6.1.1 LI - Light Industrial Zone 67 6.1.2 BU - Business Zone 68 6.2 Height and location requirements 69 6.3 Access, landscaping, and parking requirements 70 SECTION 7: HEAVY INDUSTRIAL AREAS 73 7.1 Permitted uses and density standards 75 7.1.1 HI - Heavy Industrial Zone 75 7.1.2 AP - Airport Zone 76 7.1.3 US - Utilities and Services Zone 76 7.2 Height and location requirements 77 7.3 Access, landscaping, and parking requirements 78 SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS 81 8.1 Permitted uses and density standards 83 8.1.1 IN - Institutional Zone 83 8.1.2 CM - Community Zone 84 8.2 Height and location requirements 84 8.3 Access, landscaping, and parking requirements 85 SECTION 9: NATURAL HERITAGE AREAS 89 9.1 Permitted uses and density standards 91 9.1.1 EP - Environmental Protection Zone 91 9.2 Height and location requirements 92 9.3 Access, landscaping, and parking requirements 92 vi | CITY OF THUNDER BAY ZONING BY-LAW SECTION 10: FUTURE DEVELOPMENT AREAS 93 10.1 Permitted uses and density standards 95 10.1.1 FD - Future Development Zone 95 10.1.2 UG - Urban Growth Zone 96 10.2 Height and location requirements 96 10.2.1 Main buildings and structures 96 10.2.2 Accessory buildings and structures 97 10.3 Access, landscaping, and parking requirements 97 SECTION 11: SITE DEVELOPMENT STANDARDS 99 11.1 Access 101 11.1.1 Minimum lot frontage 101 11.1.2 Driveways 101 11.2 Decks, pools, and other exterior features 102 11.2.1 Balconies, decks, and porches 102 11.2.2 Height exemptions 102 11.2.3 Outdoor swimming pools and hot tubs 102 11.2.4 Permitted projections 103 11.3 Drive-throughs and other vehicle queues 105 11.4 Landscaping 106 11.4.1 Minimum landscaped areas 106 11.4.2 Intensification or changes of use 106 11.5 Loading areas 107 11.6 Parking spaces 108 11.6.1 Bicycle parking spaces 108 11.6.2 Vehicle parking spaces 109 11.6.3 Accessible parking spaces 110 11.6.4 Parking space substitution 112 CITY OF THUNDER BAY ZONING BY-LAW | vii 11.7 Parking lots 112 11.7.1 Surface treatment 112 11.7.2 Access and parking aisles 112 11.7.3 Parking attendant shelters 114 11.7.4 Off-site parking lots 114 11.7.5 Underground parking 115 11.8 Setback and sight triangles 115 11.8.1 Maximum setbacks 115 11.8.2 Sight triangles 115 11.9 Split zoning 116 11.10 Visual screens and lighting 116 11.11 Waste and recycling 117 SECTION 12: USE-SPECIFIC REGULATIONS 119 12.1 Accessory uses, buildings, and structures 121 12.1.1 Home businesses 122 12.2 Backyard homes 123 12.3 Bed and breakfasts 124 12.4 Condominiums 124 12.4.1 Standard condominiums 124 12.4.2 Vacant land condominiums 124 12.4.3 Common element condominiums 124 12.5 Community gardens 125 12.6 Legal non-conforming uses 125 12.6.1 Repair, restoration, or rebuilding 125 12.6.2 Public action 125 12.6.3 Non-conforming building locations 125 12.6.4 Legal non-conforming houses 125 12.7 Outdoor displays 127 12.8 Outdoor storage 127 12.9 Power and Utility Facilities 127 viii | CITY OF THUNDER BAY ZONING BY-LAW 12.10 Public Uses 127 12.10.1 Public uses in Urban neighbourhoods 127 12.11 Sensitive uses 128 12.12 Temporary Uses 128 12.12.1 Construction 128 12.12.2 Garden centres 128 12.12.3 Restaurant patios 129 12.12.4 Pits and quarries 129 12.12.5 Storage containers 129 12.12.6 Tents 129 12.12.7 Vehicle storage 129 12.13 Undersized lots 130 12.13.1 Zoning relief 130 12.13.2 Lot additions 130 12.13.3 Strengthening to a safe condition 130 SECTION 13: AREA-SPECIFIC REGULATIONS 131 13.1 Height Restricted Areas 133 13.1.1 Public viewshed 133 13.1.2 Aircraft traffic 134 13.2 Privately serviced lands 134 SECTION 14: DEFINITIONS 135 SECTION 15: GENERAL SCOPE AND ADMINISTRATION 163 15.1 Short title 165 15.2 Application of this By-Law 165 15.2.1 Lands subject to this By-Law 165 15.2.2 Compliance with this By-Law 165 15.3 Compliance with other legislation 165 15.4 Validity or severability 165 CITY OF THUNDER BAY ZONING BY-LAW | ix 15.5 Effective date 165 15.6 Repeal of existing Zoning By-law 165 15.7 Technical Revisions 165 15.8 Contents of this By-law 165 15.8.1 Regulations 165 15.8.2 Figures and tables 165 15.8.3 Maps 165 15.8.4 Diagrams and other reference aids 165 15.9 Administration 166 SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 167 16.1 Interpretation 169 16.2 Promotion of health, safety, and general welfare 169 16.3 Acting directly or indirectly 169 16.4 Text organization 169 16.5 Conflicts with other by-laws 169 16.6 Conflicting regulations 169 16.7 Permits 169 16.8 Measurement tolerances: 170 16.9 Transition Provisions 170 16.9.1 Building permit applications 170 16.9.2 Site plan approval applications 170 16.9.3 Minor variances 170 16.10 Word Usage 171 16.10.1 Tense and plurality 171 16.10.2 "Must" and "may" 171 16.10.3 Gender 171 16.10.4 "Includes" 171 16.10.5 All or any part of 171 x | CITY OF THUNDER BAY ZONING BY-LAW 16.11 Reference to legislation 171 16.12 Use of tables 171 16.13 Use of short forms 171 16.14 Reference to land use area 172 16.15 Zone schedules 172 16.15.1 Zones 172 16.15.2 Environmental overlay 172 16.15.3 Site specific provisions 172 16.15.4 Holding provisions 172 16.16 Limits of zones 173 16.17 Definitions 173 SECTION 17: ENFORCEMENT AND PENALTIES 175 17.1 Enforcement 177 17.2 Offences relating to use 177 17.3 Offences relating to change of use 177 17.4 Offences relating to regulations 177 17.5 Offences relating to interference 177 17.6 Penalty provisions 177 CITY OF THUNDER BAY ZONING BY-LAW | 1 LAND USE AREAS AND ZONES LAND USE AREAS AND ZONES A zone is an area of land upon which certain land uses are regulated and controlled through this By-law. Zones are labelled with a letter or a group of letters, which may be followed by a number and/or a suffix as detailed in Section 16.15. The maps in Schedule A to this By-law show the boundaries of the various zones. Land use areas include one or more zones. A reference made to a land use area includes all zones within that land use area. A land use area or zone may be referred to by the symbols in the table below: Land use area Zone name Zone symbol Rural Areas Rural Zone RU Rural Commercial Zone RUC Rural Resource Zone RR Rural Settlements Rural Settlement Zone RS1 Rural Settlement Commercial Zone RS2 Urban Neighbourhoods Urban Low Rise Zone UL Urban Mid-Rise Zone UM Urban High-Rise Zone UH Urban Mixed Use Zone UX Neighbourhood Commercial Zone NC Pedestrian Commercial Areas Main Street Zone MS Downtown Neighbourhood Zone DN Waterfront Commercial Zone WC Commuter Commercial Areas Service Commercial Zone SC Community Commercial Zone CC Regional Centre Zone RC Business Areas Light Industrial Zone LI Business Zone BU Major Industrial Areas Heavy Industrial Zone HI Airport Zone AP Utilities and Services Zone US Institutional and Community Areas Institutional Zone IN Community Zone CM Natural Heritage Areas Environmental Protection Zone EP Future Development Areas Future Development Zone FD Urban Growth Zone UG Italicized text is used throughout this By-law to indicate a non-operative notation intended to provide information only 2 | CITY OF THUNDER BAY ZONING BY-LAW LAND USE AREAS AND ZONES SECTION 1 RURAL AREAS 1.1 Permitted uses and density standards 5 1.1.1 RU - Rural Zone 5 1.1.2 RUC - Rural Commercial Zone 7 1.1.3 RR - Rural Resource Zone 8 1.2 Height and location requirements 9 1.2.1 Main buildings, structures, and outdoor storage 9 1.2.2 Accessory buildings and structures 10 1.3 Access, landscaping, and parking requirements 11 CITY OF THUNDER BAY ZONING BY-LAW | 5 SECTION 1: RURAL AREAS SECTION 1: RURAL AREAS Rural areas are made up of large lots on private wells and septic systems. The intended use for these areas is agriculture with some limited residential development. Convenience stores, schools, day cares, animal services, and other uses also support these areas at key locations. 1.1 Permitted uses and density standards 1.1.1 RU - Rural Zone The purpose of the Rural Zone is to permit agricultural activities with limited residential development. 1.1.1.1 Large rural lots (2 ha or more) a. The following uses are permitted as a main use on large rural lots: - Agricultural use - Care housing - Minor institutional use existing on the effective date - Detached house - Rural pet services b. The following uses are permitted as a secondary use to a permitted main use on large rural lots: - Bed and breakfast - Home day care - Large personal farm - Limited outdoor storage in association with a home business (Section 12.1.1) - Outdoor furnace - Small personal farm 6 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 1: RURAL AREAS Table 1.1.1.1: Rural Zone - Density standards on large rural lots Regulation Main use permitted in Section 1.1.1.1 Minimum lot area 2 ha Minimum lot frontage 60.0 m Maximum number of main uses 2 per lot Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses 1 outdoor furnace per lot 1 other secondary use per lot Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 1.1.1.2 Small rural lots (less than 2 ha) a. The following uses are permitted as a main use on small rural lots: - Care housing - Detached house - Minor institutional use existing on the effective date b. The following uses are permitted as secondary uses to a permitted main use on small rural lots: - Bed and breakfast - Small personal farm - Home day care - Limited outdoor storage in association with a home business (Section 12.1.1) Table 1.1.1.2: Rural Zone - Density standards on small rural lots Regulation Main use permitted in Section 1.1.1.2 Minimum lot area 1 ha Minimum lot frontage 60.0 m Maximum number of main uses 1 per lot Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses 1 per lot Maximum number of main buildings 2 per lot Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum CITY OF THUNDER BAY ZONING BY-LAW | 7 SECTION 1: RURAL AREAS 1.1.2 RUC - Rural Commercial Zone The purpose of the Rural Commercial Zone is to permit a range of non-residential uses to support nearby agricultural and residential activities. a. The following uses are permitted as a main use: - Agricultural commercial use - Care housing - Day care centre - Detached house - Indoor recreation use - Minor institutional use - Rural convenience use - Rural pet services b. The following uses are permitted as a secondary use to a permitted main use: - A home within a building containing a permitted non-residential main use - Bed and breakfast - Home day care - Limited outdoor storage in association with a home business (Section 12.1.1) Table 1.1.2: Rural Commercial Zone - Density standards Regulation Main use permitted in Section 1.1.2 Minimum lot area 1 ha Minimum lot frontage 60.0 m Maximum number of main uses 2 per lot Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses 1 per lot Maximum number of main buildings 2 per lot Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 8 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 1: RURAL AREAS 1.1.3 RR - Rural Resource Zone The purpose of the Rural Resource Zone is to permit a pit or quarry at an appropriate distance from sensitive land uses. a. The following uses are permitted as a main use: - Pit - Quarry Table 1.1.3: Rural Resource Zone - Density standards Regulation Main use permitted in Section 1.1.3 Minimum lot area 1 ha Minimum lot frontage 60.0 m Maximum number of main uses 1 per lot Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses Not applicable Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum CITY OF THUNDER BAY ZONING BY-LAW | 9 SECTION 1: RURAL AREAS 1.2 Height and location requirements Any use, building, or structure permitted in any zone in Section 1.1 must also meet the requirements set out in this Section 1.2. 1.2.1 Main buildings, structures, and outdoor storage Table 1.2.1a: Location and height requirements for a pit or quarry in Rural Areas Regulation Pit or quarry Minimum - maximum height No minimum - no maximum Minimum - maximum front setback 30.0 m - no maximum Minimum - maximum exterior side setback 30.0 m - no maximum Minimum rear setback 30.0 m Minimum interior side setback 30.0 m Minimum separation distance between main buildings 6.0 m Minimum separation distance between a pit or quarry and a sensitive use 300.0 m Table 1.2.1b: Location and height requirements for any building or structure containing a main use or a personal farm, or any outdoor storage use in Rural Areas Regulation Lot area less than 8000 m²* Lot area equal to or greater than 8000 m² Minimum - maximum height No minimum - 12.0 m No minimum - 15.0 m Minimum - maximum front setback 10.0 m - no maximum 10.0 m - no maximum Minimum - maximum exterior side setback 6.0 m - no maximum 10.0 m - no maximum Minimum rear setback 10.0 m 10.0 m Minimum interior side setback 3.0 m 6.0 m Minimum separation distance between main buildings 6.0 m 6.0 m Minimum separation distance between a building or structure used for the feeding, raising or breeding of livestock, or a manure pit or manure storage facility on another lot and a sensitive use 150.0m for an agricultural use 85.0m for a personal farm 40.0 m for a small personal farm 150.0m for an agricultural use 85.0m for a personal farm 40.0 m for a small personal farm *The minimum lot area requirement in Rural Areas is 1 ha (10,000 m²). These building size and location requirements recognize the significant number of lots of record which are 8,000 m² or less. 10 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 1: RURAL AREAS 1.2.2 Accessory buildings and structures Table 1.2.2a: Table 1.2.2a: Location and height requirements for an Location and height requirements for an outdoor furnace outdoor furnace in Rural Areas in Rural Areas Regulation Outdoor furnace Outdoor furnace Maximum GFA Not applicable Maximum height No maximum Maximum wall height Not applicable Minimum front setback 15.0 m greater than the main building that is closest to the front lot line Minimum exterior side setback 15.0 m greater than the main building that is closest to the exterior side lot line Minimum rear setback 15.0 m Minimum interior side setback 15.0 m Minimum separation distance to a building containing a home 15.0 m Minimum separation distance to an accessory building or structure on the same lot 3.0 m Table 1.2.2b: Location and height requirements for an accessory building or structure in Rural Areas Regulation Lot area less than 8000 m²* Lot area equal to or greater than 8000 m² Maximum GFA of all accessory buildings and roofed structures 200 m2 300 m2 Maximum height 6.1 m 6.1 m Maximum wall height 4.5 m 4.5 m Minimum front setback 10.0 m 10.0 m Minimum exterior side setback 6.0 m 10.0 m Minimum rear setback 10.0 m 10.0 m Minimum interior side setback 1.5 m for a building or structure less than 20 m from front lot line 0.6 m for a building or structure 20 m or more from front lot line 6.0 m Minimum separation distance between eave and lot line 0.3 m 0.3 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m *The minimum lot area requirement in Rural Areas is 1 ha (10,000 m²). These building size and location requirements recognize the significant number of lots of record which are 8,000 m² or less. CITY OF THUNDER BAY ZONING BY-LAW | 11 SECTION 1: RURAL AREAS 1.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 1.1 must meet the requirements set out in Table 1.3 below: Table 1.3: Access, landscaping, and parking requirements in Rural Areas Regulation Any use permitted in any zone in Section 1.1 Maximum driveway width 6.0 m for detached house or care housing 9.0 m for all other permitted uses Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on the same lot 6.0 m Minimum landscaped area 3.0 m wide strip along all lot lines abutting a street allowance Minimum visual screen No minimum Minimum number of parking spaces No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces No minimum, if less than 4 spaces are provided See section 11.6.3, if 4 or more spaces provided Minimum number of loading spaces No minimum 12 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 1: Large and small lots in Rural Areas 10.0 m 10.0 m SMALL LOT Lot area less than 8000 m² 150.0 m LARGE LOT Lot area equal to or greater than 8000 m² 10.0 m 6.0 m detached house livestock barn agricultural use 9.0 m minimum landcaped area minimum setbacks buildable area street allowance 3.0 m accessory buildings 6.0 m detached house 2.0 m 6.0 m >/= 60.0 m 3.0 m 10.0m front setback exterior side setback interior side setback rear setback street allowance City street City boulevard City street City boulevard 6.0 m 6.0 m 0.6 m SECTION 2 RURAL SETTLEMENTS 2.1 Permitted uses and density standards 15 2.1.1 RS1 - Rural Settlement Zone 15 2.1.2 RS2 - Rural Settlement Commercial Zone 16 2.2 Height and location requirements 17 2.2.1 Main buildings and structures 17 2.2.2 Accessory buildings and structures 17 2.3 Access, landscaping, and parking requirements 18 CITY OF THUNDER BAY ZONING BY-LAW | 15 SECTION 2: RURAL SETTLEMENTS SECTION 2: RURAL SETTLEMENTS Rural Settlements are made up of a mixture of large and suburban scale lots. Lots have private septic systems and are typically serviced with municipal water. The intended use for these areas is low density housing. Convenience stores, schools, day cares, animal services, and other uses also support these areas at key locations. 2.1 Permitted uses and density standards 2.1.1 RS1 - Rural Settlement Zone The purpose of the Rural Settlement Zone is to permit residential uses. a. The following uses are permitted as a main use: - Care housing - Detached house - Minor institutional use existing on the effective date b. The following uses are permitted as a secondary use to a permitted main use: - Bed and breakfast - Home day care Table 2.1.1: Rural Settlement Zone - Density standards Regulation Main use permitted in Section 2.1.1 Minimum lot area 1 ha Minimum lot frontage 60.0 m Maximum number of main uses 1 per lot Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses 1 per lot Maximum number of main buildings 1 per lot Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 16 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 2: RURAL SETTLEMENTS 2.1.2 RS2 - Rural Settlement Commercial Zone The purpose of the Rural Settlement Commercial Zone is to permit a range of non-residential uses to support nearby residential activities. a. The following uses are permitted as a main use: - Care housing - Day care centre - Detached house - Minor institutional use - Rural convenience use - Rural pet services b. The following uses are permitted as a secondary use to a permitted main use: - A home within a building containing a permitted non-residential main use - Bed and breakfast - Home day care Table 2.1.2: Rural Settlement Commercial Zone - Density standards Regulation Main use permitted in Section 2.1.2 Minimum lot area 1 ha Minimum lot frontage 60.0m Maximum number of main uses 1 per lot Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses excluding a home 1 per lot Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum CITY OF THUNDER BAY ZONING BY-LAW | 17 SECTION 2: RURAL SETTLEMENTS 2.2 Height and location requirements Any use, building, or structure permitted in any zone in Section 2.1 must also meet the requirements set out in this Section 2.2. 2.2.1 Main buildings and structures Table 2.2.1: Location and height requirements for a main building or structure in Rural Settlements Regulation Lot area less than 8,000 m2* Lot area equal to or greater than 8,000 m2 Minimum - maximum height No minimum - 12.0 m No minimum - 12.0 m Minimum - maximum front setback 10.0 m - no maximum 10.0 m - no maximum Minimum - maximum exterior side setback 6.0 m - no maximum 10.0 m - no maximum Minimum - maximum rear setback 10.0 m 10.0 m Minimum interior side setback 3.0 m 6.0 m Minimum separation distance Not applicable Not applicable 2.2.2 Accessory buildings and structures Table 2.2.2: Location and height requirements for an Table 2.2.2: Location and height requirements for an accessory building accessory building or or structure structure in Rural Settlements in Rural Settlements Regulation Lot area less than 8,000 m2* Lot area equal to or greater than 8,000 m2 Maximum GFA of all accessory buildings and roofed structures 180 m2 200 m2 Maximum height 5.2 m 6.1 m Maximum wall height 3.5 m 4.5 m Minimum front setback 10.0 m 10.0 m Minimum exterior side setback 6.0 m 10.0 m Minimum rear setback 0.6 m 10.0 m Minimum interior side setback 1.5 m for a building or structure less than 20 m from front lot line 0.6 m for a building or structure 20 m or more from front lot line 6.0 m Minimum separation distance between an eave and a lot line 0.3 m 0.3 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m *The minimum lot area requirement in Rural Settlements is 1 ha (10,000 m2). These building sizes and location requirements recognize the significant number of lots of record which are 8,000 m2 or less. The Official Plan also allows for a lot area less than 1 ha with the support of a hydrogeological study. 18 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 2: RURAL SETTLEMENTS 2.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 2.1 must meet the requirements set out in Table 2.3 below. Table 2.3: Access, landscaping, and parking requirements in Rural Settlements Regulation Any use permitted in any zone in Section 2.1 Maximum driveway width 6.0 m for detached house or care housing 9.0 m for all other permitted uses Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on the same lot 6.0 m Minimum landscaped area 50% of minimum front setback if lot area is equal or less than 2,500 m2* 6.0 m wide strip along all lot lines abutting a street for all other lots Minimum visual screen No minimum Minimum number of parking spaces No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces No minimum, if less than 4 spaces are provided See section 11.6.3, if 4 or more spaces provided Minimum number of loading spaces No minimum *The minimum lot area requirement in Rural Settlements is 1 ha (10,000 m2). These landscaping requirements recognize the significant number of lots of record which are 2,500 m2 or less. CITY OF THUNDER BAY ZONING BY-LAW | 19 SECTION 2: RURAL SETTLEMENTS Diagram 2: Large and small lots in Rural Settlement Areas 6.0 m street allowance detached house 2.0 m 60.0 m front setback exterior side setback street allowance City street City boulevard City street City boulevard 10.0 m 3.0 m interior side setback 10.0 m 6.0 m 6.0 m 10.0 m 10.0 m detached house detached house detached house detached house max. 6.0 m accessory buildings rear setback =/>20.0 m 0.6 m accessory building accessory buildings <20.0 m 1.5 m 6.0 m 6.0 m minimum landcaped area minimum setbacks buildable area for main buildings *for lots with a lot area of 2,500 m² or less 50%* 20 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 2: RURAL SETTLEMENTS SECTION 3 URBAN NEIGHBOURHOODS 3.1 Permitted uses and density standards 23 3.1.1 UL - Urban Low-rise Zone 23 3.1.2 UM - Urban Mid-rise Zone 26 3.1.3 UH - Urban High-rise Zone 28 3.1.4 UX - Urban Mixed Use Zone 29 3.1.5 NC - Neighbourhood Commercial Zone 31 3.2 Height and location requirements 33 3.2.1 Main buildings and structures 33 3.2.2 Accessory buildings and structures 37 3.3 Access, landscaping, and parking requirements 38 CITY OF THUNDER BAY ZONING BY-LAW | 23 SECTION 3: URBAN NEIGHBOURHOODS SECTION 3: URBAN NEIGHBOURHOODS Urban Neighbourhoods are where the majority of urban scale housing exists and will be developed with both municipal water and sewer service. Different zones permit low, mid, or high-rise housing where appropriate. A range of small- scale non-residential uses also support these areas with services and amenities at key locations. 3.1 Permitted uses and density standards 3.1.1 UL - Urban Low-rise Zone The purpose of the Urban Low-rise Zone is to permit a range of two storey housing. a. The following uses are permitted as a main use: - Apartment - Care housing - Converted house - Detached house which may contain up to two homes - Minor institutional use existing on the effective date - Semi-detached house which may contain up to four homes - Shared housing which may contain up to six rooming units - Townhouse which may contain up to six homes b. The following uses are permitted as a secondary use to a permitted main use: - Backyard home accessory on same lot as a detached house, semi-detached house, or townhouse - Bed and breakfast - Home day care 24 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Table 3.1.1a: Urban Low-rise Zone - Density standards for an apartment, care housing, a converted house or a detached house permitted in Section 3.1.1 Regulation Apartment, care housing, detached house, and all other main uses permitted in Section 3.1.4 not specified Converted house Shared housing Minimum lot area 300 m2 for up to 2 homes 405 m2 for 3 homes 540 m2 for 4 homes and 60 m2 per each additional home over 4 No minimum 450 m2 Minimum lot frontage 10.0 m for up to 2 homes 13.5 m for 3 homes 18.0 m for 4 homes and 2.0 m per each additional home over 4 No minimum 15.0 m Minimum height No minimum Greater than 1 storey No minimum Maximum height 10.0 m 10.0 m 10.0 m Maximum number of main uses 1 per lot 1 per lot 1 per lot Minimum number of homes No minimum No minimum No minimum Maximum number of homes 6 per lot 4 per lot 1 per lot Maximum number of secondary uses excluding a backyard home 1 per home 1 per home 1 per home Maximum number of backyard homes 1 per detached house 0 per lot 0 per lot Maximum number of main buildings 1 per lot 1 per lot 1 per lot Maximum lot coverage 40% of the lot area 40% of the lot area 40% of the lot area Minimum GFA No minimum No minimum No minimum Maximum GFA No maximum No maximum No maximum CITY OF THUNDER BAY ZONING BY-LAW | 25 SECTION 3: URBAN NEIGHBOURHOODS Table 3.1.1b: Urban Low-rise Zone - Density standards for a semi-detached house or townhouse permitted in Section 3.1.1 Regulation Semi-detached house or townhouse with one home per potential lot Semi-detached house or townhouse with two homes per potential lot Minimum lot area 225 m2 per outside potential lot 180 m2 per inside potential lot 270 m2per potential lot Minimum lot frontage 7.5 m per outside potential lot 6 m per inside potential lot 9.0 m per potential lot Minimum height No minimum No minimum Maximum height 10.0 m 10.0 m Maximum number of main uses 1 per lot 1 per lot Minimum number of homes No minimum No minimum Maximum number of homes 1 per potential lot up to a maximum of 6 per building 2 per potential lot up to maximum of 6 per building Maximum number of secondary uses excluding a backyard home 1 per home 1 per home Maximum number of backyard homes 0 per potential lot 1 per outside potential lot Maximum number of main buildings 1 per lot 1 per lot Maximum lot coverage 50% of the lot area for outside potential lots 55% of the lot area for inside potential lots 50% of the lot area for outside potential lots 55% of the lot area for inside potential lots Minimum GFA No minimum No minimum Maximum GFA No maximum No maximum 26 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS 3.1.2 UM - Urban Mid-rise Zone The purpose of the Urban Mid-rise Zone is to permit a range of two to four storey housing. a. The following uses are permitted as a main use: - Apartment - Care housing - Converted house - Long term care housing - Minor institutional use existing on the effective date - Semi-detached house - Shared housing - Townhouse b. The following use is permitted as a secondary use to a permitted home: - Home day care Table 3.1.2a: Urban Mid-rise Zone - Density standards for an apartment, care housing, a converted house, long term care housing, or shared housing permitted in Section 3.1.2 Regulation Apartment or long term care housing, and all other main uses permitted in Section 3.1.4 not specified Care housing or shared housing Converted house Minimum lot area 540 m2 450 m2 No minimum Minimum lot frontage 18.0 m 15.0 m No minimum Minimum height 2 storeys 2 storeys 2 storeys Maximum height 25.0 m 25.0 m 12.0 m Maximum number of main uses No maximum No maximum No maximum Minimum number of homes 4 homes per apartment No minimum No minimum Maximum number of homes 540 m2 for 4 homes and 60 m2 per each additional home over 4 540 m2 for 4 homes and 60 m2 per each additional home over 4 540 m2 for 4 homes and 60 m2 per each additional home over 4 Maximum number of secondary uses 1 per home 1 per home 1 per home Maximum number of main buildings No maximum No maximum No maximum Maximum lot coverage 40% of the lot area 40% of the lot area 40% of the lot area Minimum GFA No minimum No minimum No minimum Maximum GFA No maximum No maximum No maximum CITY OF THUNDER BAY ZONING BY-LAW | 27 SECTION 3: URBAN NEIGHBOURHOODS Table 3.1.2b: Urban Mid-rise Zone - Density standards for a semi-detached house or townhouse permitted in Section 3.1.2 Regulation Semi-detached house or townhouse with one home per potential lot Semi-detached house or townhouse with two homes per potential lot Minimum lot area 225 m2 per outside potential lot 180 m2 per inside potential lot 270 m2 per outside potential lot 225 m2 per inside potential lot Minimum lot frontage 7.5 m per outside potential lot 6.0 m per inside potential lot 9.0 m per outside potential lot 7.5 m per inside potential lot Minimum height 2 storeys 2 storeys Maximum height 25.0 m 25.0 m Maximum number of main uses No maximum No maximum Minimum number of homes 4 per building 4 per building Maximum number of homes 1 per potential lot 2 per potential lot Maximum number of secondary uses 1 per home 1 per home Maximum number of main buildings No maximum No maximum Maximum lot coverage 50% of the lot area for outside potential lots 55% of the lot area for inside potential lots 50% of the lot area for outside potential lots 55% of the lot area for inside potential lots Minimum GFA No minimum No minimum Maximum GFA No maximum No maximum 28 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS 3.1.3 UH - Urban High-rise Zone The purpose of the Urban High-rise Zone is to permit apartment and long term care housing with five or more storeys. Non-residential uses will also be permitted within the first two storeys to support the higher housing density. a. The following uses are permitted as a main use: - Apartment - Care housing - Long term care housing b. The following uses are permitted as a main use on the first storey or second storey of an apartment, care housing, or long term care housing: - Day care centre - Health centre - Indoor recreation use - Minor institutional use - Office - Restaurant - Retail commercial use - Service commercial use c. There is no limit on the number of main uses that may be located within the same building. d. The following use is permitted as a secondary use to a permitted home: - Home day care Table 3.1.3: Urban High-rise Zone - Density standards for a main use permitted in Section 3.1.3 Regulation Main use permitted in Section 3.1.3 Minimum lot area 750 m2 Minimum lot frontage 30.0 m Minimum height 5 storeys Maximum height 45.0m Maximum number of main uses No maximum Minimum number of homes 12 per lot Maximum number of homes 1100 m2 for 12 homes and 40 m2 per each additional home over 12 Maximum number of secondary uses 1 per home Maximum number of main buildings No maximum Maximum lot coverage 40% of the lot area Minimum GFA No minimum Maximum GFA 300 m² for each health centre, office, or retail commercial use 500 m2 for each non-residential use other than uses listed above 1000 m² total for all non-residential uses per lot CITY OF THUNDER BAY ZONING BY-LAW | 29 SECTION 3: URBAN NEIGHBOURHOODS 3.1.4 UX - Urban Mixed Use Zone The purpose of the Urban Mixed Use Zone is to permit flexibility between small-scale pedestrian oriented commercial uses and housing. a. The following uses are permitted as a main use: - Apartment - Care housing - Converted house - Day care centre - Detached house - Home - Health centre - Indoor recreation use - Minor institutional use - Office - Restaurant - Retail commercial use - Service commercial use - Shared housing b. There is no limit on the number of main uses that may be located within the same building. c. The following uses are permitted as a secondary use to a permitted home: - Backyard home on same lot as a detached house - Bed and breakfast - Home day care 30 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Table 3.1.4: Urban Mixed Use Zone - Density standards for a Table 3.1.4: Urban Mixed Use Zone - Density standards for a main use main use permitted in Section 3.1.4 permitted in Section 3.1.4 Regulation Apartment, care housing, or detached house Converted house Shared housing All other main uses permitted in Section 3.1.4 Minimum lot area 300 m2 for up to 2 homes 405 m2 for 3 homes 540 m2 for 4 homes and 60 m2 per each additional home over 4 No minimum 450 m2 Equals the lot area on the effective date Minimum lot frontage 10.0 m for up to 2 homes 13.5 m for 3 homes 18.0 m for 4 homes and 2.0 m per each additional home over 4 No minimum 15.0 m Equals the lot frontage on the effective date Minimum height No minimum Greater than 1 storey No minimum No minimum Maximum height 14.0 m 14.0 m 14.0 m 14.0 m Maximum number of main uses 1 per lot 1 per lot 1 per lot No maximum Minimum number of homes No minimum No minimum No minimum No minimum Maximum number of homes 1 per 135 m² of lot area up to 4 homes and 60 m2 per each additional home over 4 No maximum 1 per lot No maximum Maximum number of secondary uses excluding a backyard home 1 per home 1 per home 1 per home Not applicable Maximum number of backyard homes 1 per detached house 0 per lot 0 per lot Not applicable Maximum number of main buildings 1 per lot 1 per lot 1 per lot Equals the number of main buildings on the effective date Maximum lot coverage 40% of the lot area 40% of the lot area 40% of the lot area 40% of the lot area Minimum GFA No minimum No minimum No minimum No minimum Maximum GFA No maximum Not applicable No maximum GFA of main buildings on the effective date. CITY OF THUNDER BAY ZONING BY-LAW | 31 SECTION 3: URBAN NEIGHBOURHOODS 3.1.5 NC - Neighbourhood Commercial Zone The purpose of the Neighbourhood Commercial Zone is to permit small-scale commercial nodes to support residential neighbourhoods. a. The following uses are permitted as a main use: - Day care centre - Health centre - Indoor recreation use - Minor institutional use - Office - Restaurant - Retail commercial use - Service commercial use b. The following uses are permitted as a main use on any storeys other than the first storey in a building containing a permitted non-residential use: - Homes - Care housing - Long term care housing - Shared housing c. There is no limit on the number of main uses that may be located within the same building d. The following use is permitted as a secondary use to a permitted home: - Home day care 32 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Table 3.1.5: Neighbourhood Commercial Zone - Density standards for a main use permitted in Section 3.1.5 Regulation Main use permitted in Section 3.1.5 Minimum lot area 540 m2 Minimum lot frontage 18.0 m Minimum height No minimum Maximum height 14.0 m Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes 1 per 135 m² of lot area up to 4 homes and 60 m2 per each additional home over 4 Maximum number of secondary uses 1 per home Maximum number of main buildings No maximum Maximum lot coverage 40% of the lot area Minimum GFA No minimum Maximum GFA 300 m² for each health centre, office, or retail commercial use 500 m2 for each non-residential use other than uses listed above 1000 m² total for all non-residential uses per lot CITY OF THUNDER BAY ZONING BY-LAW | 33 SECTION 3: URBAN NEIGHBOURHOODS 3.2 Height and location requirements Any use, building, or structure permitted in any zone in Section 3.1 must also meet the requirements set out in this Section 3.2. 3.2.1 Main buildings and structures 3.2.1a: Location and height requirements for a converted house or detached house in Urban Neighbourhoods Regulation Converted house or detached house with an attached garage or carport Converted house or detached house without an attached garage or carport Minimum - maximum height See the applicable density standards table in Section 3.1 See the applicable density standards table in Section 3.1 Minimum - maximum front setback to livable building face 4.5 m - 10.0 m OR the average front setback of existing adjacent main buildings being no less than 1.5 m and no more than 12.0 m 4.5 m - 10.0 m OR the average front setback of existing adjacent main buildings being no less than 1.5 m and no more than 12.0 m Minimum front setback to garage building face 1.0 m less than the front setback to the widest livable building face* Not applicable Minimum - maximum exterior side setback 3.6 m - no maximum 3.6 m - no maximum Minimum rear setback 6.0 m 6.0 m Minimum interior side setback 1.5 m OR 10% of the lot frontage but no less than 0.6 m 3.0 m for one side of building 1.5 m OR 10% of the lot frontage but no less than 0.6 m for other side(s) of the building Minimum separation distances Not applicable Not applicable *If the widest livable building faces are of equal size, the majority of the equal faces must comply. 34 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Table 3.2.1b: Location and height requirements for a semi-detached house or townhouse in Urban Neighbourhoods Regulation Semi-detached house or Townhouse with attached garage or carport Semi-detached house or Townhouse without attached garage or carport Minimum - maximum height See the applicable density standards table in Section 3.1 See the applicable density standards table in Section 3.1 Minimum - maximum front setback to livable building face 4.5 m - 10.0 m OR the average front setback of existing adjacent main buildings being no less than 1.5 m and no more than 12.0 m 4.5 m - 10.0 m OR the average front setback of existing adjacent main buildings being no less than 1.5 m and no more than 12.0 m Minimum front setback to garage building face 1.0 m less than the than front setback to the widest livable building face* Not applicable Minimum - maximum exterior side setback 3.6 m - no maximum 3.6 m - no maximum Minimum rear setback 6.0 m 6.0 m Minimum interior side setback 1.5 m 0.0m along party wall 3.0 m 0.0m along party wall Minimum separation distance Not applicable Not applicable *If the widest livable building faces are of equal size, the majority of the equal faces must comply. Table 3.2.1c: Location and height requirements for an apartment with six homes or less in Urban Neighbourhoods Regulation Apartment with six homes or less Minimum - maximum height See the applicable density standards table in Section 3.1 Minimum - maximum front setback 4.5 -10.0 m OR the average front setback of existing adjacent main buildings being no less than 1.5 m and no more than 12.0 m Minimum - maximum exterior side setback 3.6 m - no maximum Minimum rear setback 6.0 m Minimum interior side setback 1.5 m Minimum separation distance Not applicable CITY OF THUNDER BAY ZONING BY-LAW | 35 SECTION 3: URBAN NEIGHBOURHOODS Table 3.2.1d: Location and height requirements for an apartment with more than six homes, care housing, long term care housing, shared housing, or any other main building in Urban Neighbourhoods Regulation Apartment with more than six homes, care housing, long term care housing, shared housing, or any other main building Minimum - maximum height See the applicable density standards table in Section 3.1 Minimum - maximum front setback 6.0 -18.0 m OR the average front setback of existing adjacent main buildings being no less than 3.0 m and no more than 21.0 m Minimum exterior side setback 3.6 m - no maximum for buildings with a height of 20.0 m or less 6.0 m - no maximum for buildings with a height of more than 20.0 m Minimum rear setback 6.0 m for buildings with a height of 20.0 m or less 10.0 m for buildings with a height of more than 20.0 m Minimum interior side setback 1.5 m per every 10.0 m of building height or 3.0 m whichever is more Minimum separation distance Not applicable Diagram 3.2.1a: Average front setback average setback = 3.0 m normal required setbacks existing building existing buildings City street 4.5 m 4.0 m 2.0 m 36 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Diagram 3.2.1b: Livable building face and garage building face setbacks ATTACHED GARAGE garage building face liveable building face LIVING SPACE max. 1.0 m ATTACHED GARAGE garage building face liveable building faces LIVING SPACE max. 1.0 m widest face ATTACHED GARAGE garage building face liveable building faces LIVING SPACE max. 1.0 m widest face ATTACHED GARAGE garage building face liveable building faces LIVING SPACE max 1.0 m widest face ATTACHED GARAGE garage building face liveable building faces LIVING SPACE max.1.0 m equal faces ATTACHED GARAGE garage building face liveable building face LIVING SPACE max. 1.0 m widest face liveable building face CITY OF THUNDER BAY ZONING BY-LAW | 37 SECTION 3: URBAN NEIGHBOURHOODS 3.2.2 Accessory buildings and structures Table 3.2.2: Location and height requirements for an accessory building or structure in Urban Neighbourhoods Regulation Accessory building or structure that does not contain a backyard home Accessory building or structure that contains a backyard home Maximum GFA for all accessory buildings and roofed structures 100 m2 100 m2 Maximum GFA for a backyard home Not applicable 40% of main building's GFA or 50 m2, whichever is greater Maximum height 4.6 m 4.6 m Maximum wall height 3.2 m 3.2 m Minimum front setback 1.5 m greater than front setback of main building 1.5 m greater than front setback of main building Minimum exterior side setback 3.6 m 3.6 m Minimum rear setback 0.6 m 0.6 m Minimum interior side setback 1.5 m for a building or structure less than 20 m from front lot line 0.6 m for a building or structure 20 m or more from front lot line 1.5 m for a building or structure less than 20 m from front lot line 0.6 m for a building or structure 20 m or more from front lot line Minimum separation distance between an eave and lot line 0.3 m 0.3 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m 38 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS 3.3 Access, landscaping, and parking requirements Any use permitted by Section 3.1 must also meet the requirements set out in this Section 3.3. Table 3.3a: Access, landscaping, and parking requirements for a detached house, converted house, semi-detached house or townhouse in Urban Neighbourhoods Regulation Detached house, converted house, semi-detached house or townhouse Maximum driveway width 6.0 m or 50% of the lot frontage, whichever is lesser Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 4.5 m Minimum landscaped area 50% of minimum front setback Minimum visual screen No minimum Minimum number of parking spaces Converted house: 0.5 per home All other permitted uses: 1 per home plus 1 per every two bedrooms used in association with a bed and breakfast Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces No minimum Minimum number of loading spaces No minimum CITY OF THUNDER BAY ZONING BY-LAW | 39 SECTION 3: URBAN NEIGHBOURHOODS Table 3.3b: Access, landscaping, and parking requirements for an apartment, care housing, long term care housing, shared housing, or any other use that does not contain non-residential uses in Urban Neighbourhoods Regulation Apartment, care housing, long term care housing, shared housing, or any other use that does not contain non-residential uses Maximum driveway width 9.0 m for an apartment with 12 homes or more or a main building with a GFA of more than 500 m² 6.0 m for all other permitted uses Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 4.5 m for an apartment with 4 homes or less 6.0 m for all other uses Minimum landscaped area 20% of the lot area which must include a 3.0 m strip along all lot lines abutting a street allowance Minimum visual screen No minimum Minimum number of parking spaces Apartment with 6 homes or less: 1 per home Apartment with more than 6 homes: 1.25 per home Shared housing: 1 per home plus 0.2 per rooming unit All other permitted uses: No minimum Minimum number of bicycle spaces Short term: 4 per each public entrance Long term: 2 long term spaces per lot OR 0.1 per home, whichever is more Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces 1 per lot for an apartment with 12 homes or more or main buildings with a GFA of more than 500 m² 40 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Table 3.3c: Access, landscaping, and parking requirements for non-residential uses in Urban Neighbourhoods Regulation Non-residential uses Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 20% of the lot area which must include a 3.0 m strip along all lot lines abutting a street allowance or a zone which permits a residential use on the first storey Minimum visual screen 1.6 m high visual screen along all lot lines abutting a zone which permits a residential use on the first storey Minimum number of parking spaces Care housing or long term care housing: No minimum Homes: 1 per home Elementary school: 1.25 for every classroom Shared housing: 1 per home plus 0.2 per rooming unit All other permitted uses: 1 per 25 m2 of GFA Minimum number of bicycle spaces Short term: 4 per each public entrance Long term: 2 per lot OR 0.1 per home, whichever is more Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces 1 per lot for main buildings with a GFA of more than 500 m² CITY OF THUNDER BAY ZONING BY-LAW | 41 SECTION 3: URBAN NEIGHBOURHOODS Diagram 3a.1: Detached houses in Urban Neighbourhoods garage building face setback 1.0 m* 1.0 m* 1.0 m* 3.0 m 3.6 m 1.5 m detached house w attached garage 6.0 m street allowance street allowance City street City boulevard City street City boulevard detached house detached house buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 2.0 m accessory building 4.5 m min. 10.0 m max. 50% backyard home 0.6 m 0.6 m accessory building 1.5 m 1.5 m max. 6.0 m 10.0 m 1.0 m** livable building face setback 42 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Diagram 3a.2: Semi-detached houses and Townhouses in Urban Neighbourhoods * garage building face must not extend forward past the livable building face more than 1.0 m 1.5 m 3.6 m 1.0 m* 6.0 m street allowance street allowance City street City boulevard City street City boulevard semi - detached house buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 2.0 m accessory building 4.5 m min. 10.0 m max. 50% backyard home 0.6 m 0.6 m 1.5 m 1.5 m max. 6.0 m 3.0 m 1.5 m 7.5 m 9.0 m 6.0 m townhouse with attached garages livable building face setback garage building face setback accessory building CITY OF THUNDER BAY ZONING BY-LAW | 43 SECTION 3: URBAN NEIGHBOURHOODS Diagram 3b.1: Apartments with four homes or less in Urban Neighbourhoods 1.5 m 3.6 m 6.0 m street allowance street allowance City street City boulevard City street City boulevard Apartment with three homes buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 2.0 m accessory building 4.5 m min. 10.0 m max. + 20%* 0.6 m 0.6 m max. 6.0 m Apartment with four homes 1.5 m 3.0 m 3.0 m 3.0 m accessory building + 20%* 44 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 3: URBAN NEIGHBOURHOODS Diagram 3b.2: Apartments with five homes or more, care housing, long term care housing, or shared housing in Urban Neighbourhoods 3.6 m** 6.0 m** street allowance City street City boulevard buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 2.0 m accessory building 4.5 m min. 18.0 m max. + 20%* 0.6 m max. 6.0 m Apartment with ten homes 3.0 m 3.0 m * including 3.0 m landscaped strip City street City boulevard street allowance 3.0 m** ** dependent on building height CITY OF THUNDER BAY ZONING BY-LAW | 45 Diagram 3c: Buildings containing non-residential uses in Urban Neighbourhoods x x x x x x x x x x 1.6 m high visual screen and 3.0 m landscaped area strip *** 3.6 m** 6.0 m** buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 6.0 m min. 20%* max. 9.0 m 3.0 m 3.0 m 3.0 m** * including 3.0 m landscaped strip along lot lines abutting a street Retail commercial use 175m² City street City boulevard street allowance street allowance City street City boulevard 3.0 m *** where a residential use is permitted on the ﬁrst storey of adjacent lot 18.0 m max. ** dependent on building height 46 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 4 PEDESTRIAN COMMERCIAL AREAS 4.1 Permitted uses and density standards 49 4.1.1 MS - Main Street Zone 49 4.1.2 DN - Downtown Neighbourhood Zone 50 4.1.3 WC - Waterfront Commercial Zone 51 4.2 Height and location requirements 52 4.3 Access, landscaping, and parking requirements 53 48 | CITY OF THUNDER BAY ZONING BY-LAW CITY OF THUNDER BAY ZONING BY-LAW | 49 SECTION 4: PEDESTRIAN COMMERCIAL AREAS SECTION 4: PEDESTRIAN COMMERCIAL AREAS Pedestrian Commercial Areas are made up of traditional shopping streets at a walkable scale. A wide range of uses are permitted including housing, retail, and offices. The built form prioritizes the pedestrian experience. 4.1 Permitted uses and density standards 4.1.1 MS - Main Street Zone The purpose of the Main Street Zone is to create a continuous and vibrant commercial street. Active uses such as shopping and restaurants will be permitted on all storeys, while housing is restricted to upper floors only. a. The following uses are permitted as a main use: - Building supply outlet - Furniture store - Health centre - Hotel - Indoor recreation use - Office - Microbrewery - Restaurant - Retail commercial use - Service commercial use b. The following uses are permitted as a main uses on any storey other than the first storey of a main building: - Care housing - Day care centre - Homes - Long term care housing - Shared housing c. Despite Section 4.1.1, a home is permitted on the first storey provided that: - The home is barrier-free as per the Building Code. - A minimum of 60% of the first storey floor area is occupied by one or more street-facing tenantable commercial units. - The home does not occupy the street-facing portion of the building and is setback no less than 10.0 m from any street allowance. d. There is no limit on the number of main uses that may be located within the same building. e. The following use listed below is permitted as a secondary use to a permitted home: - Home day care 50 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 4: PEDESTRIAN COMMERCIAL AREAS Table 4.1.1: Main Street Zone - Density standards Regulation Main use permitted in Section 4.1.1 Minimum lot area No minimum Minimum lot frontage 6.0m Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes No maximum Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 4.1.2 DN - Downtown Neighbourhood Zone The purpose of the Downtown Neighbourhood Zone is to permit a wide range of uses to support the Main Street Zone. a. The following uses are permitted as a main use: - Apartment - Building supply outlet - Care housing - Commercial parking use - Converted house - Day care centre - Educational institution - Emergency shelter - Funeral establishment - Furniture store - Health centre - Home - Hotel - Indoor recreation use - Long term care housing - Microbrewery - Minor institutional use - Office - Restaurant - Retail commercial use CITY OF THUNDER BAY ZONING BY-LAW | 51 SECTION 4: PEDESTRIAN COMMERCIAL AREAS - Service commercial use - Shared housing - Townhouse b. There is no limit on the number of main uses that may be located within the same building. c. The following use is permitted as a secondary use to a permitted home: - Home day care Table 4.1.2: Downtown Neighbourhood Zone - Density standards Regulation Main use permitted in Section 4.1.2 Minimum lot area No minimum Minimum lot frontage 6.0m Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes No maximum Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 4.1.3 WC - Waterfront Commercial Zone The purpose of the Waterfront Commercial Zone is to permit waterfront-related commercial uses, recreational opportunities, and entertainment facilities. a. The following uses are permitted as a main use: - Building supply outlet - Furniture store - Hotel - Indoor recreation use - Microbrewery - Restaurant - Retail commercial use - Service commercial use - Water-related use which may include a passenger terminal b. The following uses are permitted as a main use on any storey above the first storey of a main building: - Health centre - Office 52 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 4: PEDESTRIAN COMMERCIAL AREAS Table 4.1.3: Waterfront Commercial Zone - Density standards Regulation Main use permitted in Section 4.1.3 Minimum lot area No minimum Minimum lot frontage No minimum Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes No maximum Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA 300 m2 for each building supply outlet, furniture store, health centre, office, or retail commercial use 4.2 Height and location requirements Any use, building, or structure permitted in any zone in Section 4.1 must meet the requirements set out in Table 4.2 below: Table 4.2: Location and height requirements for a building or structure in Pedestrian Commercial Areas Regulation Building or structure Minimum - maximum height 2 storeys - 27.0 m for WC Zone 2 storeys - no maximum for all the zones (See Section 13.1 - Height Restricted Areas) Minimum - maximum front setback 0.0 m-3.0 m Minimum - maximum exterior side setback 0.0 m-3.0 m Minimum rear setback No minimum Minimum interior side setback No minimum Minimum separation distance between main buildings 6.0 m Minimum separation distance between a building and water's edge of Lake Superior 20.0 m CITY OF THUNDER BAY ZONING BY-LAW | 53 SECTION 4: PEDESTRIAN COMMERCIAL AREAS 4.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 4.1 must meet the requirements set out in Table 4.3 below. Table 4.3: Access, landscaping, and parking requirements in Pedestrian Commercial Areas Regulation Any use permitted in any zone in Section 4.1 Maximum driveway width 9.0m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 3.0 m strip along all lot lines abutting a street allowance and a parking lot on the same lot Minimum visual screen 1.6 m high screen along all lot lines abutting the UL - Urban Low Rise Zone Minimum number of parking spaces Building containing more than 10 homes: 0.2 per home Hotel in WC Zone: 1 per suite, plus 1 per 30 m² of GFA for the dining or banquet facilities, lounges, restaurants, and meeting rooms All other permitted uses: No minimum Minimum number of bicycle spaces Short term: No minimum Long term: 2 per lot OR 0.1 per home, whichever is more Minimum number of accessible parking spaces No minimum, if less than 4 spaces are provided See Section 11.6.3, if 4 or more spaces provided Minimum number of loading spaces No minimum 54 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 4: PEDESTRIAN COMMERCIAL AREAS Diagram 4: All uses in Pedestrian Commercial Areas street allowance City street City boulevard buildable area for buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 0.0 m min. 3.0 m max. 3.0 m City street City boulevard street allowance 3.0 m max. mixed use building mixed use building mixed use building max. 6.0 m SECTION 5 COMMUTER COMMERCIAL AREAS 5.1 Permitted uses and density standards 57 5.1.1 SC - Service Commercial Zone 57 5.1.2 CC - Community Commercial Zone 58 5.1.3 RC - Regional Centre Zone 60 5.2 Height and location requirements 61 5.3 Access, landscaping, and parking requirements 61 CITY OF THUNDER BAY ZONING BY-LAW | 57 SECTION 5: COMMUTER COMMERCIAL AREAS SECTION 5: COMMUTER COMMERCIAL AREAS Commuter Commercial Areas are shopping and service areas primarily designed for motor vehicle travel which also support public transit and active transportation commutes. These areas include a wide range of commercial uses such as retail, offices, drive-throughs, and motor vehicle dealerships. 5.1 Permitted uses and density standards 5.1.1 SC - Service Commercial Zone The purpose of the Service Commercial Zone is to permit appropriately scaled shopping and service areas along major streets. a. The following uses are permitted as a main use: - Building supply outlet - Funeral establishment - Furniture store - Health centre - Hotel - Indoor recreation use - Indoor self-storage - Microbrewery - Motor vehicle sales or rentals - Motor vehicle service use - Office - Restaurant - Retail commercial use - Retail warehouse - Service commercial use b. There is no limit on the number of main uses that may be located within the same building. c. The following uses are permitted as a secondary use to a permitted main use: - Drive-through - Outdoor display 58 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 5: COMMUTER COMMERCIAL AREAS Table 5.1.1: Service Commercial Zone - Density standards Regulation Main use permitted in Section 5.1.1 Minimum lot area 600 m2 Minimum lot frontage 20.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of the lot area Minimum GFA of the storefront in a retail warehouse 185 m2 Maximum GFA 500 m² for each building supply outlet, furniture store, health centre, office, retail commercial use, or retail component of a retail warehouse 9290 m² total for all non-residential uses per lot 5.1.2 CC - Community Commercial Zone The purpose of the Community Commercial Zone is to permit appropriately scaled shopping and service areas at key locations to serve surrounding neighbourhoods. a. The following uses are permitted as a main use: - Building supply outlet - Funeral establishment - Furniture store - Health centre - Hotel - Indoor recreation use - Microbrewery - Motor vehicle sales or rentals - Motor vehicle service use - Office - Restaurant - Retail commercial use - Retail warehouse - Service commercial use CITY OF THUNDER BAY ZONING BY-LAW | 59 SECTION 5: COMMUTER COMMERCIAL AREAS b. The following uses are permitted as a main use on any storey other than the first storey of a main building: - Homes - Care housing - Long term care housing - Shared housing c. There is no limit on the number of main use that may be located within the same building. d. The following uses are permitted as a secondary use to a permitted main use: - Home day care - Drive-through - Outdoor display Table 5.1.2: Community Commercial Zone - Density standards Regulation Main use permitted in Section 5.1.2 Minimum lot area 600 m2 Minimum lot frontage 20.0 m Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes No maximum Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of the lot area Minimum GFA of the storefront in a retail warehouse 185 m2 Maximum total GFA for all non-residential uses 20000 m2 per lot 60 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 5: COMMUTER COMMERCIAL AREAS 5.1.3 RC - Regional Centre Zone The purpose of the Regional Centre Zone is to permit a large format shopping and services to serve the region. a. The following uses are permitted as a main use: - Building supply outlet - Furniture store - Health centre - Hotel - Indoor recreation use - Microbrewery - Motor vehicle sales or rentals - Motor vehicle service use - Office - Restaurant - Retail commercial use - Retail warehouse - Service commercial use b. There is no limit on the number of main uses that may be located within the same building. c. The following uses are permitted as a secondary use to a permitted main use: - Drive-through - Outdoor display Table 5.1.3: Regional Centre Zone - Density standards Regulation Main use permitted in Section 5.1.3 Minimum lot area 8000 m2 Minimum lot frontage 60.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of the lot area Minimum GFA 185 m2 for a storefront in retail warehouse 4600 m2 for each building supply outlet, furniture store, or retail commercial use Maximum GFA 500 m² for each health centre or office CITY OF THUNDER BAY ZONING BY-LAW | 61 SECTION 5: COMMUTER COMMERCIAL AREAS 5.2 Height and location requirements Any use, building or structure, permitted in any zone in Section 5.1 must also meet the requirements set out in this Section 5.2. Table 5.2: Location and height requirements for a building or structure, or outdoor display in Commuter Commercial Areas Regulation SC and CC Zone RC Zone Minimum - maximum height No minimum - 17.0 m No minimum - 17.0 m Minimum - maximum front setback 6.0 - 48.0 m 7.5 m - no maximum Minimum - maximum exterior side setback 6.0 - 27.0 m 7.5 m - no maximum Minimum rear setback 6.0 m 7.5 m Minimum interior side setback 3.0 m 7.5 m Minimum separation distance between main buildings 6.0 m 6.0 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m 5.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 5.1 must meet the requirements set out in Table 5.3 below. Table 5.3: Access, landscaping, and parking requirements in Commuter Commercial Areas Regulation Any use permitted in any zone in Section 5.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 20% of lot area which must include a 6.0 m strip along all lot lines abutting a street allowance or a zone which permits a residential use on the first storey Minimum visual screen 1.6m high visual screen along all lot lines abutting a zone which permits a residential use on the first storey 62 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 5: COMMUTER COMMERCIAL AREAS Regulation Any use permitted in any zone in Section 5.1 Minimum number of parking spaces Billiard or poolroom, ice rink, roller rink, swimming pool, video arcade: 1 for every 4 persons that can be accommodated at capacity as specified by the Building Code Bowling alley, curling rink, tennis courts, or similar sports: 4 for each playing surface Building supply outlet, furniture store, or retail commercial use: 1 per 55 m2 of GFA Care housing or long term care housing: No minimum Dine in restaurant: 1 per 10 m2 of GFA Drive-through or take out only restaurant: 1 per 20 m2 of GFA Homes: 1 per home Hotel: 1 per suite, plus 1 per 30 m2 of GFA for the dining or banquet facilities, lounges, restaurants, and meeting rooms Indoor self-storage, microbrewery, or retail warehouse: 1 per 65 m2 of GFA Motor vehicle sales or rental or Motor vehicle service use: 1 per 40.0 m² of GFA devoted to storage, offices and display area plus 3 per service bay devoted to repair facilities Shared housing: 1 per home plus 0.2 per rooming unit All other permitted uses: 1 per 30 m2 of GFA Any building containing four or more permitted uses: 1 per home, plus 1 per 30 m2 of GFA devoted to non-residential main uses Minimum number of bicycle spaces Short term: 4 per public entrance Long term: 2 per lot OR 0.1 per home, whichever is more Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces Total GFA of main uses is 500 m² or greater: 1 per lot Total GFA of main uses is greater than 2500 m² and less than or equal to 10,000 m²: 2 per lot Total GFA of main uses is 10,000 m² or greater: 2 per lot, plus one additional loading space for every 10,000 m² of GFA in excess of 10,000 m² Minimum number of stacking spaces Restaurant: 10 per drive-through Building supply outlet or retail commercial use: 4 per drive-through Self-serve car wash: 2 per stall Automated or full-serve car wash: 8 per stall Fuel bar: 1 per fuel pump or charging station Any other permitted use: 3 per drive-through CITY OF THUNDER BAY ZONING BY-LAW | 63 SECTION 5: COMMUTER COMMERCIAL AREAS Diagram 5a: All uses in Service Commercial Zone or Community Commercial Zone 6.0 m street allowance City street City boulevard buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 6.0 m min. 48.0 m max. + 20%* max. 9.0 m Retail commercial use 1,000 m² City street City boulevard street allowance *including 6.0 m landscaped strip along lot lines abutting a street 6.0 m min. 27.0 m max. 3.0 m 6.0 m min. Dine-in restaurant 120m² x x x x x x x x x x x x x x x x 1.6 m high visual screen and 6.0 m landscaped area strip** ** where a residential use is permitted on the ﬁrst storey of adjacent lot 64 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 5: COMMUTER COMMERCIAL AREAS Diagram 5b: All uses in Regional Centre Zone 7.5 m street allowance City street City boulevard buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 7.5 m +20%* max. 9.0 m Retail commercial use 4,800 m² City street City boulevard street allowance 7.5 m 6.0 m min. 6.0 m 7.5 m Multiple unit commercial building 1,200 m² 1.6 m high visual screen and 6.0 m landscaped area strip** x x x x x x x x x x x x x x x x *including 6.0 m landscaped strip along lot lines abutting a street ** where a residential use is permitted on the ﬁrst storey of adjacent lot SECTION 6 BUSINESS AREAS 6.1 Permitted uses 67 6.1.1 LI - Light Industrial Zone 67 6.1.2 BU - Business Zone 68 6.2 Height and location requirements 69 6.3 Access, landscaping, and parking requirements 70 CITY OF THUNDER BAY ZONING BY-LAW | 67 SECTION 6: BUSINESS AREAS SECTION 6: BUSINESS AREAS Business Areas include offices and workspaces for various industries. Industrial activities must take place indoors, must not be disruptive, and must screen any outdoor storage from view from streets and adjacent properties. Restaurants and recreation uses also support these areas. 6.1 Permitted uses and density standards 6.1.1 LI - Light Industrial Zone The purpose of the Light Industrial Zone is to permit a range of commercial and non-disruptive industrial uses. Industrial facilities may have outdoor storage provided it is screened from view from streets and adjacent properties. a. The following uses are permitted as a main use: - Building supply outlet - Furniture store - Health centre - Indoor recreation use - Indoor self-storage - Light industrial use - Microbrewery - Motor vehicle sale or rental - Motor vehicle service use - Office - Outdoor self-storage - Research facility or laboratory - Restaurant - Retail warehouse - Warehouse b. There is no limit on the number of main uses that may be located within the same building. c. The following uses are permitted as a secondary use to a permitted main use: - Drive-through - Outdoor display - Outdoor storage1.1 68 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 6: BUSINESS AREAS Table 6.1.1: Light Industrial Zone - Density standards Regulation Main use permitted in Sections 6.1.1 Minimum lot area 930 m2 Minimum lot frontage 20.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of the lot area Minimum GFA of a furniture store 1000 m2 Maximum GFA 500 m² for each health centre or office 185 m2 for a storefront in a retail warehouse 6.1.2 BU - Business Zone The purpose of the Business Zone is to create an ideal location for business offices. Complementary uses such as hotels, recreation uses, and restaurants are also permitted. a. The following uses are permitted as a main use: - Health centre - Hotel - Indoor recreation use - Light industrial use - Microbrewery - Office - Research facility or laboratory - Restaurant - Retail warehouse - Warehouse b. There is no limit on the number of main uses that may be located within the same building. c. The following use is permitted as a secondary use to a permitted main use: - Drive-through CITY OF THUNDER BAY ZONING BY-LAW | 69 SECTION 6: BUSINESS AREAS Table 6.1.2: Business Zone - Density standards Regulation Main use permitted in Sections 6.1.2 Minimum lot area 930 m2 Minimum lot frontage 20.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of the lot area Minimum GFA 500 m² for each office, research facility or laboratory Maximum GFA 185 m2 for a storefront in a retail warehouse 6.2 Height and location requirements Any use, building or structure permitted in any zone in Section 6.1 must also meet the requirements set out in this Section 6.2. Table 6.2a: Location and height requirements for a building, structure, or outdoor display in Business Areas Regulation Building, structure, or outdoor display Minimum - maximum height No minimum - 17.0 m Minimum - maximum front setback 6.0 - 48.0 m Minimum - maximum exterior side setback 3.6 - 27.0 m Minimum rear setback 6.0 m Minimum interior side setback 3.0 m Minimum separation distance between main buildings 6.0 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m Table 6.2b: Location and height requirements for outdoor storage in Business Areas Regulation Outdoor storage Minimum - maximum height No minimum - 8.0 m Minimum - maximum front setback Front setback of main building that is closest to the front lot line - no maximum Minimum - maximum exterior side setback Exterior side setback of main building that is closest to the exterior side lot line - no maximum Minimum rear setback 0.3 m Minimum interior side setback 0.3 m Minimum separation distance Not applicable 70 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 6: BUSINESS AREAS 6.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 6.1 must meet the the requirements set out in Table 6.3 below. Table 6.3: Access, landscaping, and parking requirements in Business Areas Regulation Any use permitted in any zone in Section 6.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 20% of lot area which must include a 6.0 m strip along all lot lines abutting a street allowance or a zone which permits a residential use on the first storey Minimum visual screen - 1.6 m high visual screen around all outdoor storage in the form of a solid fence or wall - 1.6 m high visual screen along all lot lines abutting a zone which permits a residential use on the first storey Minimum number parking spaces Billiard or poolroom, ice rink, roller rink, swimming pool, video arcade: 1 for every 4 persons that can be accommodated at capacity as specified by the Building Code Bowling alley, curling rink, tennis courts, or similar sports: 4 for each playing surface Building supply outlet or furniture store: 1 per 55 m2 of GFA Dine in restaurant: 1 per 10 m2 of GFA Drive-through or take out only restaurant: 1 per 20 m2 of GFA Hotel: 1 per suite, plus 1 per 30 m2 of GFA for the dining or banquet facilities, lounges, restaurants, and meeting rooms Indoor self-storage, light industrial use, microbrewery, retail warehouse, or warehouse: 1 per 65 m2 of GFA Motor vehicle sales or rentals or motor vehicle service use: 1 per 40.0 m² of GFA devoted to storage, offices and display area plus 3 per service bay devoted to repair facilities Outdoor self-storage: 1 per 65 m2 of GFA devoted to any service area or offices All other permitted uses: 1 per 30 m2 of GFA Any building containing four or more permitted uses: 1 per 40 m2 of GFA Minimum number of bicycle spaces Short term : 4 per each public entrance Long term: No minimum CITY OF THUNDER BAY ZONING BY-LAW | 71 SECTION 6: BUSINESS AREAS Regulation Any use permitted in any zone in Section 6.1 Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces 1 per lot if total GFA of main uses is 500 m² or greater Minimum number of stacking spaces Restaurant: 10 per drive-through Building supply outlet or retail commercial use: 4 per drive-through Self-serve car wash: 2 per stall Automated or full-serve car wash: 8 per stall Fuel bar: 1 per fuel pump or charging station Any other permitted use: 3 per drive-through 72 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 6: BUSINESS AREAS Diagram 6: All uses in Business Areas 6.0 m street allowance City street City boulevard buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 6.0 m min. 48.0 m max. + 20%* max. 9.0 m City street City boulevard street allowance *including 6.0 m landscaped strip along lot lines abutting a street or zone that permits a residential use on the ﬁrst store 6.0 m min. 27.0 m max. 3.0 m Light industrial use 1500 m² 1.6 m high visual screen** ** around outdoor storage or abutting a lot where a residential use is permitted on the ﬁrst storey Outdoor storage (LI Zone only) ***same as setback of main building that is closest to the front lot line Outdoor storage setback*** Outdoor storage setback*** 0.3 m interior side and rear setbacks for outdoor storage SECTION 7 HEAVY INDUSTRIAL AREAS 7.1 Permitted uses and density standards 75 7.1.1 HI - Heavy Industrial Zone 75 7.1.2 AP - Airport Zone 76 7.1.3 US - Utilities and Services Zone 76 7.2 Height and location requirements 77 7.3 Access, landscaping, and parking requirements 78 CITY OF THUNDER BAY ZONING BY-LAW | 75 SECTION 7: HEAVY INDUSTRIAL AREAS SECTION 7: HEAVY INDUSTRIAL AREAS Heavy Industrial Areas provide land for land uses that should be separated from sensitive land uses. Major industries and utilities belong in these areas. 7.1 Permitted uses and density standards 7.1.1 HI - Heavy Industrial Zone The purpose of the Heavy Industrial Zone is to permit a range of industrial facilities and utilities. Appropriate separation distances from sensitive land uses are also required. a. The following uses are permitted as a main use: - Heavy industrial use - Indoor self-storage - Light industrial use - Motor vehicle service use - Outdoor storage - Outdoor self-storage - Power and utility facility - Warehouse b. There is no limit on the number of main uses that may be located within the same building. c. The following use is permitted as a secondary use to a permitted main use: - Outdoor display Table 7.1.1: Heavy Industrial Zone - Density standards Regulation Main use permitted in Section 7.1.1 Minimum lot area 930 m2 Minimum lot frontage 20.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 76 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 7: HEAVY INDUSTRIAL AREAS 7.1.2 AP - Airport Zone The purpose of the Airport Zone is to permit and support the functioning of the Thunder Bay International Airport. a. The following uses are permitted as a main use: - Airport-related use - Hotel - Commercial parking use b. There is no limit on the number of main uses that may be located within the same building. Table 7.1.2: Airport Zone - Density standards Regulation Main use permitted in Section 7.1.2 Minimum lot area No minimum Minimum lot frontage 120 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 7.1.3 US - Utilities and Services Zone The purpose of the Utilities and Services Zone is to permit a range of utilities and services to support development. a. The following use is permitted as a main use: - Power and utility facility Table 7.1.3: Utilities and Services Zone - Density standards Regulation Main use permitted in Section 7.1.3 Minimum lot area No minimum Minimum lot frontage No minimum Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum CITY OF THUNDER BAY ZONING BY-LAW | 77 SECTION 7: HEAVY INDUSTRIAL AREAS 7.2 Height and location requirements Any use, building or structure permitted in any zone in Section 7.1 must meet the requirements set out in Table 7.2 below: Table 7.2: Location and height requirements for a building or structure, outdoor storage, or an outdoor display in Heavy Industrial Areas Regulation Building or structure, outdoor storage, or an outdoor display Minimum - maximum height No minimum - no maximum Minimum - maximum front setback 6.0 m - no maximum Minimum - maximum exterior side setback 6.0 m - no maximum Minimum rear setback 6.0 m Minimum interior side setback 6.0 m Minimum separation distance between main buildings 6.0 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m Minimum separation distance between a power and utility facility and a lot where a sensitive use is permitted 15.0 m Minimum separation distance from a shoreline 15.0 m 78 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 7: HEAVY INDUSTRIAL AREAS 7.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 7.1 must meet the requirements set out in Table 7.3 below. Table 7.3: Access, landscaping, and parking requirements in Heavy Industrial Areas Regulation Any use permitted in any zone in Section 7.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 20% of lot area which must include a 6.0 m strip along all lot lines abutting a street allowance and a 3.0 m along all other lot lines 6.0 m high natural vegetated buffer along all lot lines abutting a shoreline and/or abutting the "EP" - Environmental Protection Zone Minimum visual screen 1.6 m high visual screen along all lot lines abutting a zone which permits a residential use on the first storey Minimum number of parking spaces Motor vehicle service use: 1 per 40.0 m² of GFA devoted to storage, offices and display area plus 3 per service bay devoted to repair facilities All other permitted uses: No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces Total GFA of main uses is 500 m² or greater: 1 per lot Minimum number of stacking spaces Self-serve car wash: 2 per stall Automated or full-serve car wash: 8 per stall Fuel bar: 1 per fuel pump or charging station CITY OF THUNDER BAY ZONING BY-LAW | 79 SECTION 7: HEAVY INDUSTRIAL AREAS Diagram 7: All uses in Heavy Industrial Areas 15.0 m from shoreline street allowance City street City boulevard buildable area for main building minimum landcaped area exterior side setback interior side setback front setback 6.0 m + 20%* max. 9.0 m City street City boulevard street allowance *including 6.0 m and 3.0 m landscaped strips 6.0 m 6.0 m Heavy industrial use 3.0 m Heavy industrial use 6.0 m 6.0 m EP Zone natural vegetated buffer 80 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 7: HEAVY INDUSTRIAL AREAS SECTION 8 INSTITUTIONAL AND COMMUNITY AREAS 8.1 Permitted uses and density standards 83 8.1.1 IN - Institutional Zone 83 8.1.2 CM - Community Zone 84 8.2 Height and location requirements 84 8.3 Access, landscaping, and parking requirements 85 CITY OF THUNDER BAY ZONING BY-LAW | 83 SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS Institutional and Community Areas provide land for major institutions, community centres, and parks. These areas include large open spaces and campuses. 8.1 Permitted uses and density standards 8.1.1 IN - Institutional Zone The purpose of the Institutional Zone is to permit major institutions. These include hospitals, colleges and universities, secondary schools, and correctional institutions. a. The following uses are permitted as a main use: - Correctional centre, penitentiary, or jail - Educational institution - Emergency shelter - Health centre - Hospital - Long term care housing b. There is no limit on the number of main uses that may be located within the same building. Table 8.1.1: Institutional Zone - Density standards Regulation Main use permitted in Section 8.1.1 Minimum lot area 450 m2 Minimum lot frontage 15.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of lot area Minimum GFA No minimum Maximum GFA No maximum 84 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS 8.1.2 CM - Community Zone The purpose of the Community Zone is to permit public or semi-public recreation and cultural facilities. a. The following uses are permitted as a main use: - Cemetery and crematorium - Day care centre - Indoor recreation use - Minor institutional use - Water-related use b. There is no limit on the number of main uses that may be located within the same building. Table 8.1.2: Community Zone - Density standards for a main use permitted in Section 8.1.2 Regulation Main use permitted in Section 8.1.2 Minimum lot area No minimum Minimum lot frontage 15.0 m Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage 35% of lot area Minimum GFA No minimum Maximum GFA No maximum 8.2 Height and location requirements Any use, building or structure permitted by Section 8.1 must also meet the requirements set out in this Section 8.2. Table 8.2: Location and height requirements for a building or structure in Institutional and Community Areas Regulation IN Zone CM Zone Minimum - maximum height No minimum - 30.0m No minimum - 15.0 m Minimum - maximum front setback 7.5m - no maximum 6.0 m - no maximum Minimum - maximum exterior side setback 7.5 m 3.6 m Minimum rear setback 7.5 m 6.0 m Minimum interior side setback 7.5 m 3.0 m Minimum separation distance between main buildings 6.0 m 6.0 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m CITY OF THUNDER BAY ZONING BY-LAW | 85 SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS 8.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 8.1 must meet the requirements set out in Table 8.3 below. Table 8.3: Access, landscaping, and parking requirements in Institutional and Community Areas Regulation Any use permitted in any zone in Section 8.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 20% of lot area which must include a 6.0 m strip along all lot lines abutting a street allowance or a zone which permits a residential use on the first storey Minimum visual screen No minimum Minimum number of parking spaces No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces Total GFA of main uses is 500 m² or greater: 1 per lot 86 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS Diagram 8a: All uses in Institutional Zone 7.5 m street allowance City street City boulevard buildable area for main buildings minimum landcaped area exterior side setback interior side setback rear setback front setback 7.5 m +20%* max. 9.0 m Long-term care housing City street City boulevard street allowance 7.5 m 6.0 m min. 6.0 m 7.5 m Health centre 6.0 m landscaped area strip** *including 6.0 m landscaped strip along lot lines abutting a street ** where a residential use is permitted on the ﬁrst storey of adjacent lot Health centre CITY OF THUNDER BAY ZONING BY-LAW | 87 SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS Diagram 8b: All uses in Community Zone x x x x x x x x x x 6.0 m landscaped area strip** 3.6 m 6.0 m buildable area for main buildings exterior side setback interior side setback rear setback front setback 6.0 m min. max. 9.0 m 3.0 m 6.0 m 3.0 m * including 6.0 m landscaped strip along lot lines abutting a street Day care centre City street City boulevard street allowance street allowance City street City boulevard ** where a residential use is permitted on the ﬁrst storey of adjacent lot + 20%* 88 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 8: INSTITUTIONAL AND COMMUNITY AREAS SECTION 1 RURAL AREAS SECTION 9 NATURAL HERITAGE AREAS 9.1 Permitted uses and density standards 91 9.1.1 EP - Environmental Protection Zone 91 9.2 Height and location requirements 92 9.3 Access, landscaping, and parking requirements 92 CITY OF THUNDER BAY ZONING BY-LAW | 91 SECTION 9: NATURAL HERITAGE AREAS SECTION 9: NATURAL HERITAGE AREAS Natural Heritage Areas contain significant natural heritage features, such as wetlands, or natural hazard areas, such as eroding riverbanks, where development must be limited to protect the feature or limit risk associated with the hazard. 9.1 Permitted uses and density standards 9.1.1 EP - Environmental Protection Zone The purpose of the Environmental Protection Zone is to limit development within or near natural heritage features or natural hazard areas. a. The following use is permitted as a main use: - Water-related use b) Permits from the LRCA are required for the construction of any buildings or structures, the temporary or permanent placement of fill, site grading, interference with a wetland, or any alteration to the shoreline or existing channel of a lake or watercourse. Table 9.1.1: Environmental Protection Zone - Density standards Regulation Main use permitted in Section 9.1.1 Minimum lot area No minimum Minimum lot frontage No minimum Maximum number of main uses No maximum Minimum number of homes Not applicable Maximum number of homes Not applicable Maximum number of secondary uses Not applicable Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 92 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 9: NATURAL HERITAGE AREAS 9.2 Height and location requirements Any use, buildings or structure permitted in any zone in Section 9.1 must meet the requirements* set out in Table 9.2 below. Table 9.2: location and height requirements for a building or structure in Natural Heritage Areas Regulation Use, building, or structure Minimum - maximum height No minimum - no maximum Minimum - maximum front setback No minimum - no maximum Minimum - maximum exterior side setback No minimum - no maximum Minimum rear setback No minimum Minimum interior side setback No minimum Minimum separation distance between main buildings 6.0 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 9.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 9.1 must meet the requirements set out in Table 9.3 below. Table 9.3: Access, landscaping, and parking requirements in Natural Heritage Areas Regulation Any use permitted in any zone in Section 9.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area No minimum Minimum visual screen No minimum Minimum number of parking spaces No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces See Section 11.6.3 Minimum number of loading spaces No minimum SECTION 10 FUTURE DEVELOPMENT AREAS 10.1 Permitted uses and density standards 95 10.1.1 FD - Future Development Zone 95 10.1.2 UG - Urban Growth Zone 96 10.2 Height and location requirements 96 10.2.1 Main buildings and structures 96 10.2.2 Accessory buildings and structures 97 10.3 Access, landscaping, and parking requirements 97 CITY OF THUNDER BAY ZONING BY-LAW | 95 SECTION 10: FUTURE DEVELOPMENT AREAS SECTION 10: FUTURE DEVELOPMENT AREAS Future Development Areas are lands that are not currently suitable for development but may be in the future. 10.1 Permitted uses and density standards 10.1.1 FD - Future Development Zone The purpose of the Future Development Zone is to limit development to protect future development options. a. Only uses, buildings, or structures legally existing on the effective date which may include extensions or additions are permitted as a main use. Table 10.1.1: Future Development Zone - Density standards Regulation Main use permitted in Section 10.1.1 Minimum lot area Equals the lot area of the lot on the effective date Minimum lot frontage Equals the lot frontage of the lot on the effective date Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes No maximum Maximum number of secondary uses No maximum Maximum number of main buildings No maximum Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 96 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 10: FUTURE DEVELOPMENT AREAS 10.1.2 UG - Urban Growth Zone The purpose of the Urban Growth Zone is to limit development to protect future residential development at an urban scale. a. The following use is permitted as a main use: - Detached house b. The following uses are permitted as a secondary use to a permitted main use: - Bed and breakfast - Home day care Table 10.1.2: Urban Growth Zone - Density standards Regulation Main use permitted in Section 10.1.2 Minimum lot area Equals the lot area of the lot on the effective date Minimum lot frontage Equals the lot frontage of the lot on the effective date Maximum number of main uses No maximum Minimum number of homes No minimum Maximum number of homes 1 per lot Maximum number of secondary uses 1 per lot Maximum number of main buildings 1 per lot Maximum lot coverage No maximum Minimum GFA No minimum Maximum GFA No maximum 10.2 Height and location requirements Any use, building or structure permitted in any zone in Section 10.1 must meet the requirements set out in this Section 10.2. 10.2.1 Main buildings and structures Table 10.2.1: Location and height requirements for a main building or structure in Future Development Areas Regulation FD Zone UG Zone Minimum - maximum height No minimum - 10.0 m No minimum - 10.0 m Minimum - maximum front setback 10.0 m - no maximum 6.0 m - 10.0 m Minimum - maximum exterior side setback 10.0 m - no maximum 3.6 m - 6.0 m Minimum rear setback 10.0 m 10.0 m Minimum interior side setback 10.0 m 3.0 m Minimum separation distance between main buildings 6.0 m 6.0 m CITY OF THUNDER BAY ZONING BY-LAW | 97 SECTION 10: FUTURE DEVELOPMENT AREAS 10.2.2 Accessory buildings and structures Table 10.2.2: Location and height requirements for an accessory building or structure in Future Development Areas Regulation FD Zone UG Zone Maximum GFA of all accessory buildings and roofed structures 100 m² 100 m² Maximum height 10.0m 4.6 m Maximum wall height No maximum 3.2 m Minimum front setback 10.0 m 1.5 m greater than front setback of main building Minimum exterior side setback 10.0 m 3.6 m - 6.0 m Minimum rear setback 10.0 m 0.6 m Minimum interior side setback 10.0 m 1.5 m for a building or structure less than 20 m from front lot line 0.6 m for a building or structure 20 m or more from front lot line Minimum separation distance between an eave and lot line 0.3 m 0.3 m Minimum separation distance between an accessory building and a main building on the same lot 2.0 m 2.0 m 10.3 Access, landscaping, and parking requirements Any use permitted in any zone in Section 10.1 must meet the requirements set out in Table 10.3 below. Table 10.3: Access, landscaping, and parking requirements in Future Development Areas Regulation Any use permitted in any zone in Section 10.1 Maximum driveway width 9.0 m Maximum number of driveways 1 for lots with 6.0 m - 16.0 m of street line 2 for lots with 16.1 m - 31.0 m of street line 1 additional per each additional 50.0 m of street line in excess of 31.0 m Minimum separation distance between driveways on same lot 6.0 m Minimum landscaped area 6.0 m wide strip along all lot lines abutting a street allowance Minimum visual screen No minimum Minimum number of parking spaces No minimum Minimum number of bicycle spaces No minimum Minimum number of accessible parking spaces No minimum, if less than 4 spaces are provided See Section 11.6.3, if 4 or more spaces provided Minimum number of loading spaces No minimum 98 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 10: FUTURE DEVELOPMENT AREAS SECTION 11 SITE DEVELOPMENT STANDARDS 11.1 Access 101 11.1.1 Minimum lot frontage 101 11.1.2 Driveways 101 11.2 Decks, pools, and other exterior features 102 11.2.1 Balconies, decks, and porches 102 11.2.2 Height exemptions 102 11.2.3 Outdoor swimming pools and hot tubs 102 11.2.4 Permitted projections 103 11.3 Drive-throughs and other vehicle queues 105 11.4 Landscaping 106 11.4.1 Minimum landscaped areas 106 11.4.2 Intensification or changes of use 106 11.5 Loading areas 107 11.6 Parking spaces 108 11.6.1 Bicycle parking spaces 108 11.6.2 Vehicle parking spaces 109 11.6.3 Accessible parking spaces 110 11.6.4 Parking space substitution 112 11.7 Parking lots 112 11.7.1 Surface treatment 112 11.7.2 Access and parking aisles 112 11.7.3 Parking attendant shelters 114 11.7.4 Off-site parking lots 114 11.7.5 Underground parking 115 11.8 Setbacks and sight triangles 115 11.8.1 Maximum setbacks 115 11.8.2 Sight triangles 115 11.9 Split zoning 116 11.10 Visual screens and lighting 116 11.11 Waste and recycling 117 CITY OF THUNDER BAY ZONING BY-LAW | 101 SECTION 11: SITE DEVELOPMENT STANDARDS 11.1 Access 11.1.1 Minimum lot frontage No building, structure, or outdoor storage use is permitted on a lot which has less than 6.0 m of lot frontage on an open and maintained street. 11.1.2 Driveways a. Driveways must be located a minimum of 9.0 m from the intersection of two street allowances, or from the intersection of a street allowance and rail corridor, measured from a point where the two lot lines abutting a street allowance intersect or a street allowance and rail corridor intersect. b. Minimum driveway width is measured at the lot line in which it intersects. Diagram 11.1.2: Distance between a driveway and an intersection 9.0m driveway exterior side lot line interior side lot line front lot line rear lot line street street (min.) c. For detached houses, semi-detached houses, or townhouses primary or secondary vehicle access to a lot must be from a street or from a lane. d. For all uses within Urban Neighbourhoods, other than those listed in Section 11.1.2 b), primary vehicle access to a lot must be from a street. Secondary vehicle access may be from a lane. e. Commercial vehicles must not be parked in a driveway. f. Recreational vehicles in driveways must be parked a minimum of 1.5 m from the front lot line. SECTION 11: SITE DEVELOPMENT STANDARDS 102 | CITY OF THUNDER BAY ZONING BY-LAW 11.2 Decks, pools, and other exterior features 11.2.1 Balconies, decks, and porches Balconies, decks, and porches are permitted in any minimum setback provided that the balcony, deck, or porch is: a. No closer than 3.0 m from the front lot line; b. No closer than 1.5 m from the interior side lot line unless that interior side lot line is a shared lot line dividing a semi-detached house or townhouse. In that case, the minimum interior side setback from the applicable zone table applies; c. No closer than 3.6 m from the exterior side lot line; and d. No closer than 1.5 m from the rear lot line. 11.2.2 Height exemptions a. The height regulations in this By-law do not apply to the following: - church spires and clock towers - clothes lines and flag poles - communication devices operated as a private power and utility facility - ventilators, silos, chimneys, and smoke stacks - sky lights - power generation and supply facilities (including power distribution stations, power generating stations and power main transformer stations) - roof projections that are used only as architectural features - enclosures to house mechanical equipment - water storage tanks - parapet walls with a maximum projection above the roof of 1.0 m 11.2.3 Outdoor swimming pools and hot tubs The following regulations apply to outdoor swimming pools and hot tubs: a. Outdoor swimming pools and hot tubs are permitted as accessory uses to either a commercial or a residential use in the rear setback, interior side setback, and exterior side setback provided they are set back a mini mum of 1.5 m from an interior side lot line and a rear lot line and 3.6 m from an exterior side lot line with the setback measured from the water's edge of the swimming pool and the outside wall of the hot tub. b. The maximum height of a swimming pool or hot tub is 1.5 m above grade. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 103 c. Outdoor swimming pool pumps, filters and heaters, are permitted in the rear setback, interior side setback, and exterior side setback, provided they are set back a minimum of 0.6 m from an interior side lot line and a rear lot line and 1.5 m from an exterior side lot line. d. Swimming pools and associated water circulating, heating or treatment equipment must be enclosed by a fence in accordance with the Building Code and Fence By-law. 11.2.4 Permitted projections Table 11.2.4 sets out the permitted projections into minimum setbacks for architectural features, fires escapes and other exterior building features. The object listed in the first column of Table 11.2.4 must meet the regulation prescribed by the three other columns. Table 11.2.4: Permitted projections Use, structure or building Maximum projection into a minimum setback Minimum distance from a lot line Maximum projection into a minimum separation distance Architectural features 0.75 m 0.3 m 0.75 m Addition of insulation and/or exterior finishing onto an existing building or structure 0.15 m 0.45 m 0.15 m Buildings and structures dependant on water access, including marinas or docking facilities or boathouses. no maximum where a lot line abuts a navigable water way no minimum no maximum Electric motor vehicle charging stations no maximum 3.0 m if the lot line abuts a street allowance 0.6 m otherwise no maximum Clotheslines, flagpoles no maximum no minimum no maximum Fire escape 1.2 m 0.3 m 1.2 m Fuel bar canopies no maximum 2.0 m no maximum Fuel bar and fuel pump islands no maximum 5.0 m no maximum Landings, stairs and wheel chair ramps/ lifts no maximum no minimum no maximum Mechanical equipment, including heat pumps, air conditioners, and air exchangers 1.5 m into any minimum setback except the minimum front setback 0.6 m no maximum Personal communication devices 0.6 m 1.0 m no minimum SECTION 11: SITE DEVELOPMENT STANDARDS 104 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 11.2.4: Permitted projections 0.6m 0.6m A.C. interior side lot line 0.3m 0.6m 1.0m 1.5m minimum interior side setback of the applicable zone architectural feature encroachment (max.) architectural feature setback to lot line (min.) mechanical equipment setback to lot line (min.) mechanical equipment encroachment (max.) personal communication device setback to lot line (min.) personal communication device encroachment (max.) SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 105 11.3 Drive-throughs and other vehicle queues Where a stacking space is required by this By-law, it must be provided and maintained on site in accordance with the following regulations: a. Each stacking space must be rectangular in shape with a minimum width of 3.0 m and a minimum length of 6.0 m. b. Stacking spaces must have exclusive right-of-way for the use for which they are intended and may not be co-located in a required parking aisle or driveway to a parking lot. c. Stacking spaces may not be provided within a front setback or a minimum exterior side setback, within street allowances, or within 12.0 m of a zone which permits a residential use on the first storey. d. Stacking spaces must be located and calculated from the entrance of the vehicle queue to the product pick- up window or dispensing machine. Diagram 11.3: Stacking spaces 12.0m 6.0m pick-up window front setback stacking spaces (3.0m x 6.0m) residential use on first storey final stacking space 3.0m SECTION 11: SITE DEVELOPMENT STANDARDS 106 | CITY OF THUNDER BAY ZONING BY-LAW 11.4 Landscaping 11.4.1 Minimum landscaped areas In addition to all other provisions of this By-law, where a minimum landscaped area is required, the following regulations apply: a. Where a landscaped area requirement in a section includes both a percentage of lot area and provision of landscaped strips along lot lines, the percentage of the lot area calculation includes the landscaped area strips along the lot line. b. Parking spaces and parking aisles are not permitted to encroach onto any landscaped area. c. Where the minimum landscaped area is required in the form of a percentage of the front setback: - A driveway is not permitted to cross over the required landscaped area and must not exceed the remaining percentage of the front setback. - A pedestrian walkway is permitted to cross over the required landscaped area to a maximum width of 1.5 m to connect public sidewalks to buildings or on site parking spaces. d. Where the minimum landscaped area is required in the form of a landscaped strip and a percentage of total lot area: - A driveway is permitted to cross over the required landscaped area in the form of a landscaped strip to the maximum width permitted in the land use area. - A pedestrian walkway is permitted to cross over the required landscaped area to a maximum width of 1.5 m to connect public sidewalks to buildings or on site parking spaces. - The area of the landscaped area traversed by a driveway or pedestrian walkway does not form part of the calculation in determining the minimum required percentage of landscaped area provided. 11.4.2 Intensification or changes of use Where a lot has a building, structure, or use that was legally built or established without landscaped area or with landscaped area that is less than the minimum required under the applicable zone under this By-law the following regulation applies: Notwithstanding anything to the contrary, when the intensity of an existing lot is increased through the addition of homes or GFA, or when the existing use of a lot is changed to a new use, landscaped area for such intensified or new use must be provided for the lot in accordance with the minimum landscaped area requirements of the applicable zone except where it is prevented by: a. The non-conforming location of a building or structure in the case of landscaped area in the form of a land scaped strip. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 107 b. The footprint size of an existing building or structure in the case of landscaped area in the form of percent age of lot area. c. The existing location of and/or area required for the minimum required parking spaces and associated park ing aisles in the case of landscaped area in any form. In the above cases the lot will comply with the landscaped area provisions of the applicable zone to the maximum extent possible. 11.5 Loading areas Where a loading space is required by this By-law, it must be provided and maintained on the same lot as the building it serves in accordance with the following regulations: a. Each loading space must be rectangular in shape, with a minimum width of 3.7 m and a minimum length of 9.0 m and a vertical clearance of 4.3 m. b. Loading spaces must not be located within a front setback or a minimum exterior side setback, within street allowances, or within a lane. c. Loading spaces are not permitted to occupy any required parking space. d. An unobstructed ingress and egress of not less than 6.0 m in width to and from a street is required for each loading space. e. Each loading space must be accessible from a street or private street by means of driveways, manoeuvring aisles, or similar areas, no part of which may be used for the parking or temporary storage of motor vehi cles. Diagram 11.5: Loading spaces 6.7m 3.7m 9.0m loading spaces (3.7m x 9.0m) located within interior side and rear setbacks 4.3m vertical clearance 3.7m loading 6.0m driveway parking aisle SECTION 11: SITE DEVELOPMENT STANDARDS 108 | CITY OF THUNDER BAY ZONING BY-LAW 11.6 Parking spaces 11.6.1 Bicycle parking spaces All required on-site bicycle spaces must comply with the following regulations: a. Each bicycle space must be rectangular in shape, with a minimum width of 0.6 m, a minimum length of 1.8 m and a minimum vertical clearance of 2.0 m. b. Required bicycle spaces must be provided on the same lot as the main use they serve. c. Unobstructed access to and exit from individual bicycle spaces must be provided with an aisle of not less than 1.5 m in width, to be provided and maintained beside or between each row of bicycle spaces. d. Required bicycle spaces and accesses must be located on surfaces that are hard and dustless in accordance with Section 11.7.1 a). e. Bicycle spaces must be separated from vehicular parking by a physical barrier or a minimum 1.5 m of land scaped area. Diagram 11.6.1: Bicycle spaces 0.6m 1.5m 1.5m 1.8m 1.8m 1.5m landscaped area vehicle parking aisle 2.0m vertical clearance 1.8m length bicycle parking bicycle parking aisle f. If the calculation of the required number of bicycle spaces results in a fraction, the required number of bicy cle spaces is the fraction rounded to the next higher whole number. g. Required long term bicycle spaces may be provided within a building on the same lot h. Notwithstanding anything to the contrary, the requirement for a short term bicycle space may be satisfied by a long term bicycle space.* *A long term bicycle space is a secure bicycle space located indoors, within a roofed, or within a bike locker. A short term bicycle space is any other type of bicycle space other than a long term bicycle space, such as outdoor bicycle racks. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 109 11.6.2 Vehicle parking spaces All permanently maintained on-site parking spaces must comply with the following regulations: a. Parking spaces must be provided on the same lot as the main use they serve or except in accordance with Section 11.7.4. b. Parking spaces must be rectangular in shape and provided in accordance with the dimension regulations of Table 11.6.2. Table 11.6.2: Dimensions of standard parking spaces Parking space type Minimum length Minimum width Typical parking space 6.0 m 2.8 m Where all or part of either side of the parking space abuts a wall, a column, a pillar, a fence, a pole, or other obstruction (not applicable if the obstruction is located within 1.0m of the front of the parking space and does not project more than 0.3m into the parking space) 6.0 m 3.0 m Where the length of the parking space abuts either an area of landscaped area or a privately owned pedestrian walkway, which landscaped area or walkway is at least 1.5 m in width and at the same grade as the parking space 6.0 m 2.4 m Where the principal access to the parking space is provided on the longest dimension of that parking space 6.7 m 2.4 m Diagram 11.6.2a: Parking spaces 2.4 landscaped area or a privately owned pedestrian walkway (greater than 1.5m) 2.8 parking aisle 6.7 3.0 6.0 2.4 fence or other obstruction 2.8 2.8 2.8 2.8 2.8 X X X X X X X X X X X X X X X X X X 6.7 typical width increased width reduced width parallel parking 6.7 c. No more than three parking spaces may be accommodated on a driveway on a lot, with two spaces in tan dem and the third space beside them. d. Five or more required parking spaces must be accommodated within a parking lot with a parking aisle lead ing to a driveway. SECTION 11: SITE DEVELOPMENT STANDARDS 110 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 11.6.2b: Parking spaces in driveways and parking lots 6.7 6.0 6.0 2.8 6.0 6.0 6.7 6.0 interior side lot line front lot line maximum of three parking spaces in a driveway parking lots are required for five or more parking spaces street e. If the calculation of the required number of parking spaces results in a fraction, the required number of parking spaces is the fraction rounded to the next higher whole number. f. The total number of parking spaces required is the sum of the requirements for each separate main use on the lot, unless otherwise specified in this By-law. g. The required number of parking spaces must be in addition to any parking spaces used or intended to be used for the storage or parking of motor vehicles for hire or gain, display, or sale. 11.6.3 Accessible parking spaces All accessible parking spaces must comply with the following regulations: a. Accessible parking spaces must be rectangular in shape and provided in accordance with the dimension regulations of Table 11.6.3b. b. A minimum of one access aisle is required adjacent to any accessible parking space. Access aisles must run the full length of the accessible parking space and have the minimum width specified in Table 11.6.3b. Access aisles may be shared by two parking spaces. Table 11.6.3b: Dimensions of accessible parking spaces Parking space type Minimum length of accessible parking space Minimum width of parking space Minimum vertical clearance of parking space Minimum width of access aisle Type A (van accessible) 6.0 m 3.4 m 3.0 m 1.5 m Type B 6.0 m 2.4 m 3.0 m 1.5 m c. The minimum width of a curb cut connecting an accessible parking space to above grade sidewalks is 1.5 m. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 111 d. The maximum distance between an accessible parking space and a barrier-free building entrance is 45.0 m. e. All accessible parking spaces must be identified and/or marked in accordance with applicable law. Diagram 11.6.3: Accessible parking spaces 2.4 m 3.4 m 3.4 m 1.5 m 1.6 m TYPE B IN A SINGLE SPACE DESIGN OPTION curb ramp where applicable curb ramp where applicable vertical sign on post or building vertical sign on post or building vertical sign on post or building access aisle shared access aisle TYPE A (VAN ACCESSIBLE) IN A SIDE BY SIDE DESIGN OPTION 6.0 m f. The minimum number of required accessible parking spaces is determined by Table 11.6.3f. Table 11.6.3f: Minimum number of required accessible parking spaces Number of parking spaces on lot Minimum number of required accessible parking spaces Less than 5 No minimum 5-12 One (1) Type A accessible parking space 13 - 100 4% of the number of parking spaces must be comprised of accessible parking spaces, at least 50% of which must be Type A 101 - 200 One (1) accessible parking space and an additional 3% of the number of parking spaces must be comprised of accessible parking spaces, at least 50% of which must be Type A 201 - 1000 Two (2) accessible parking spaces and an additional 2% of the number of parking spaces must be comprised of accessible parking spaces, at least 50% of which must be Type A More than 1000 Eleven (11) accessible parking spaces and an additional 1% of the number of parking spaces on the lot must be comprised of accessible parking spaces, at least 50% of which must be Type A SECTION 11: SITE DEVELOPMENT STANDARDS 112 | CITY OF THUNDER BAY ZONING BY-LAW 11.6.4 Parking space substitution The following substitution may not be used to substitute any required accessible parking spaces: a) Provided that all of the required parking spaces can be accommodated on a lot, and that any required landscaped area is also provided, then up to 25% of the required parking spaces may be replaced either permanently or temporarily by an additional landscaped area. 11.7 Parking lots All parking lots must comply with the regulations in this Section 11.7. 11.7.1 Surface treatment a. Unless otherwise specified in this By-law, all parking lots, including any driveways, parking aisles, parking spaces, stacking spaces, and loading spaces, must be constructed with a surface that is hard and dustless. Surfaces meeting this requirement include permeable surfaces that are dustless, asphalt, concrete, paving stones or, similar hard surfacing on top of a suitable granular base. b. Locations of parking spaces and driveways must be clearly delineated on all surfaced parking lots. Parking aisles must be clearly identified through the delineations of parking spaces and driveways. 11.7.2 Access and parking aisles a. The width of a driveway leading to any parking lot must comply with Table 11.7.2a. Table 11.7.2a: Minimum widths of driveways leading to a parking lot Number of parking spaces Minimum width of driveway 6 or less 3.0 m for one-way traffic 4.5 m for two-way traffic More than 6 3.0 m for one-way traffic 6.0 m for two-way traffic b. All parking lots must have parking aisles which provide unobstructed access from the required parking spaces to a driveway. All parking aisles must comply with Table 11.7.2b. Table 11.7.2b: Minimum parking aisle regulations Angle of parking space Minimum parking aisle width up to and including 45° 4.6 m over 45° up to and including 70° 5.2 m over 70° up to and including 80° 6.1 m over 80° up to and including 90° 6.7 m SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 113 Diagram 11.7.2a: Minimum parking aisle regulations 6.2225 6.000 45°0' 45°0' 6.2225 3.9598 5.4249 6.5958 5.5995 2.8000 6.000 60°0' 30°0' 6.000 6.5962 2.8000 30°0' 60°0' 5.4249 3.2332 2.8000 6.000 6.5958 20°0' 70°0' 6.6833 2.9797 2.8000 6.000 6.3951 80°0' 3.7994 2.8438 2.8000 2.8000 10°0' SECTION 11: SITE DEVELOPMENT STANDARDS 114 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 11.7.2b: Typical parking lot layout Parking aisle width Driveway width Width of space Length of space Angle of space 11.7.3 Parking attendant shelters Nothing in this By-law prevents the construction of an accessory structure for use solely by parking attendants in any part of a parking lot, provided that structure is not more than 4.5 m in height and has a GFA of not more than 5.0 m². The accessory structure cannot occupy any parking space that is required to be maintained in accordance with the regulations in this By-law. 11.7.4 Off-site parking lots Despite Section 11.6.2 a) an additional parking lot may be used to assemble the required number of parking spaces provided that all of the following regulations are complied with: a. That the additional parking lot is located within 50.0 m of the closest boundary of the lot bearing the use for which the parking spaces are required OR, in the case of a use which provides valet parking, up to 30% of the required parking spaces may be located on a lot within 1000.0 m of the lot bearing the use for which the parking spaces are required. b. That the additional parking lot is located on land that is held in the same name and ownership as the lot where the main use is located, or is under lease with the Corporation. c. That the land where the additional parking lot is located is not used to determine any of the minimum re quirements for the main use. That land can be used only as contributing towards the parking space require ments. d. That the main use must be permitted on the lot where the additional parking lot is provided. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 115 11.7.5 Underground parking Nothing in this By-law applies to prohibit the location of underground parking lots in/under any minimum setback, provided the following: a. No part of any underground parking lot is to be situated above grade in any minimum setback b. No part of any underground parking lot is to be located within the limits of a street allowance or a lane. 11.8 Setbacks and sight triangles 11.8.1 Maximum setbacks a. Where more than one main building is located on the same lot the following applies: i. The maximum front setback applies only to the main building that is closest to the front lot line, all other buildings are exempt from the maximum front setback. ii. The maximum exterior side setback applies only to the main building that is closest to the exterior side lot line, all other buildings are exempt from the maximum exterior side setback. b. Where more than one building face is oriented towards the front lot line or the exterior lot line, the applicable maximum setback applies to the widest face. If the widest faces are of equal size, the majority of the equal faces must comply. 11.8.2 Sight triangles a. Notwithstanding any other provisions of this By-law, within any sight triangle, a building, structure, or visual screen must not be erected, outdoor storage or outdoor display must not be placed, a motor vehicle must not be parked, a lot must not be graded, and landscaping materials must not be permitted to grow, in such a manner as to impede or obstruct the vision of persons driving motor vehicles on an abutting street above a height of 0.6 m above the elevation of the centreline of the said street. b. For the purposes of calculating the extent of a sight triangle, the distance between the point of intersection of the two lot lines and their respective points of intersection with the line constituting the third side of the triangle must comply with Table 11.8. Table 11.8: Requirements for sight triangles Type of intersecting street Minimum distance from point of intersection of lot lines to the third side of the sight triangle Intersecting streets are classified as arterials or higher 15.0 m All other intersecting streets 8.0 m c) Notwithstanding any other provision in this By-law, there is no maximum front setback or exterior side setback for a corner lot where it would prevent a building, structure, outdoor storage use, or outdoor display on said lot from complying with Table 11.8. SECTION 11: SITE DEVELOPMENT STANDARDS 116 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 11.8: Sight triangles Arterial street Collector or local street Sight triangle 8.0 m 15.0 m min. exterior side setback min. front setback Building 11.9 Split zoning Where a lot has more than one zone applying to it, as a result of the passing of this By-law, the following regulations apply: a. Where the main use is permitted in all of the zones that apply to the lot, the regulations associated with the zone where 50% or more of the main use, building or structure is, or is intended to be, located apply. b. When the main use is not permitted in all of the zones that apply to the lot, the total lot may be used to satis fy the regulations of this By-law. Despite that provision, no parking lot, nor any buildings or structures, are permitted on the portion of the lot located in the zone where the main use is not permitted. c. Where a holding symbol applies to a portion of a lot, the zone boundary of the holding symbol is considered a lot line for the purposes of applying minimum setbacks. 11.10 Visual screens and lighting In addition to all other provisions of this By-law, where a visual screen is required or exterior lighting is provided, the following regulations apply: a. The height of a visual screen is measured from the grade of the lot at the lot line along which the visual screen is required. b. When a visual screen is located within the minimum setback abutting a street allowance, the visual screen must have a minimum height of 0.75 m and a maximum height of 1.0 m. c. Where a lot abutting a lane would have a visual screen requirement if it were abutting a lot on the other side of that lane, a visual screen is required along the lot line abutting that lane. SECTION 11: SITE DEVELOPMENT STANDARDS CITY OF THUNDER BAY ZONING BY-LAW | 117 Diagram 11.10: Visual screen on a lot abutting a lane Lane x x x x x x x x x x x x x x x x City street City boulevard Commercial use Residential uses required visual screen d. Any exterior lights used to illuminate a lot must be shielded to direct light towards the ground and away from adjacent properties. 11.11 Waste and recycling All waste and recycling generated by any use, other than the uses listed below, must be stored inside a waste storage enclosure: - Any use located in Rural Areas, Rural Settlements, or Heavy Industrial Areas - detached house - converted house - semi-detached house - townhouse - apartment with less than 6 homes - shared housing with less than 6 rooming units In addition to all other provisions of this By-law, where a waste storage enclosure is required, the following regulations apply: a. All waste storage enclosures must be located within the interior side setback or rear setback and must maintain a minimum distance of 0.3 m to the lot line. b. Waste storage enclosures may not occupy any required parking spaces, bicycle spaces, loading spaces, stacking spaces, and the access to these spaces or any required landscaped area. c. A minimum 4.5 m wide driving aisle with an unencumbered vertical clearance of 4.4 m is required between a minimum 6.0 m wide driveway and the waste storage enclosure. SECTION 11: SITE DEVELOPMENT STANDARDS 118 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 12 USE-SPECIFIC REGULATIONS 12.1 Accessory uses, buildings, and structures 121 12.1.1 Home businesses 122 12.2 Backyard homes 123 12.3 Bed and breakfasts 124 12.4 Condominiums 124 12.4.1 Standard condominiums 124 12.4.2 Vacant land condominiums 124 12.4.3 Common element condominiums 124 12.5 Community gardens 125 12.6 Legal non-conforming uses 125 12.6.1 Repair, restoration, or rebuilding 125 12.6.2 Public action 125 12.6.3 Non-conforming building locations 125 12.6.4 Legal non-conforming houses 125 12.7 Outdoor displays 127 12.8 Outdoor storage 127 12.9 Power and Utility Facilities 127 12.10 Public Uses 127 12.10.1 Public uses in Urban neighbourhoods 127 12.11 Sensitive uses 128 12.12 Temporary Uses 128 12.12.1 Construction 128 12.12.2 Garden centres 128 12.12.3 Restaurant patios 129 12.12.4 Pits and quarries 129 12.12.5 Storage containers 129 12.12.6 Tents 129 12.12.7 Vehicle storage 129 12.13 Undersized lots 130 12.13.1 Zoning relief 130 12.13.2 Lot additions 130 12.13.3 Strengthening to a safe condition 130 CITY OF THUNDER BAY ZONING BY-LAW | 121 SECTION 12: USE-SPECIFIC REGULATIONS SECTION 12: USE-SPECIFIC REGULATIONS 12.1 Accessory uses, buildings, and structures Accessory uses, buildings, and structures are permitted in all zones subject to the following provisions: a. No detached accessory building or structure may be used for human habitation or an occupation for gain, unless specifically permitted by this By-law. b. Where an accessory building or structure is separated from its main use as a result of a Committee of Ad justment decision, then such accessory building or structure may exist until a main use is established on the lot, provided that no business, non-profit operation, or service is conducted from the building or structure. c. In any zone where any home exists as a non-conforming use, nothing in this By-law prevents the construc tion of a detached building or structure accessory to said home, provided that all applicable regulations for an accessory building or structure in that zone are complied with. d. Notwithstanding Section 12.1.1 a), the uses listed below are not considered accessory uses by this By-law and are only permitted in zones where they are expressly permitted and only in accordance with the applica ble regulations: - Backyard home - Bed and breakfast - Caretaker's home - Drive-through - Home day care - Garden suite - Outdoor display - Outdoor furnace - Outdoor storage 122 | CITY OF THUNDER BAY ZONING BY-LAW 12.1.1 Home businesses A home business is permitted as an accessory use to any home in accordance with this Section 12.1.1. Home businesses may include any of the following, but are not limited to: - an office - a single chair barber, hairstylist, or esthetician - a commercial school with a maximum of two pupils at any one given time - an electrical contractor or master electrician - a plumbing contractor or master plumber - a photographer - an artisan's workshop - day time boarding or training for up to five domestic pets No home business may involve any of the following: - any type of heavy equipment mechanical service - any type of motor vehicle mechanical service or body repairs - any type of industrial use - a retail commercial use - a restaurant a. The home business must be conducted entirely within the home and/or entirely within one or more buildings or structures that are accessory to the home in accordance with Table 12.1.1a. Table 12.1.1a: Maximum GFA devoted to a home business Regulation Rural Areas All other land use areas Maximum GFA on the lot devoted to a home business 25% of the combined GFA of the home and all accessory buildings and structures on the lot 25% of the GFA of the home b. The home business must not change the character, or in any significant way alter the exterior appearance of, the buildings or structures that contain it. c. The home business must be carried on by the inhabitants of the home on the same lot. d. The sale of goods on the premises is permitted as part of a home business only where the sale of goods is incidental and subordinate to the service provided by the home business. e. The sale of goods manufactured or assembled by an artisan is permitted. f. A maximum of one person who is not a resident in the home in which the home business is located in, may assist or be employed on the premises. SECTION 12: USE-SPECIFIC REGULATIONS CITY OF THUNDER BAY ZONING BY-LAW | 123 g. The home business must be operated in a manner which prevents noise, dust and/or odour, beyond any that are reasonably expected from a home, from escaping to adjoining premises. h. Notwithstanding, Section 12.1.1a, outdoor storage in the form of a maximum of 2 commercial vehicles, 1 storage container, 1 piece of heavy equipment, and materials or finished products associated with a home business is permitted in Rural Areas. i. No external on-site advertising is permitted on the same lot as the home business, except a maximum of one non-illuminated sign. Any sign for a home business must comply with the regulations provided in Table 12.1.1b Table 12.1.1b: Signage a home business Regulation Rural Areas and Rural Settlements All other land use areas Permitted location Front setback or exterior side setback Exterior wall or window of the main building or the exterior wall or window of an accessory building Minimum - maximum front setback 3.0 - 15.0 m Not applicable Minimum - maximum exterior side setback 3.0 - 15.0 m Not applicable Maximum sign face area 0.6 m2 0.3 m2 12.2 Backyard homes a. A building containing a backyard home may not be located in any front setback or exterior side setback of any lot or on an inside potential lot of a townhouse. b. A backyard home is only permitted on lots with both municipal water service and municipal sewer service. c. A backyard home is not permitted on an undersized lot or on a lot with a legal non-conforming main use. d. A walkway providing direct access and egress from the doorway of the backyard home to the street allow ance is required. The walkway must be of a hard and dustless surface such as concrete and be at least 1.5 m in width. e. The floor of a backyard home is not permitted below grade. SECTION 12: USE-SPECIFIC REGULATIONS 124 | CITY OF THUNDER BAY ZONING BY-LAW 12.3 Bed and breakfasts a. A bed and breakfast must be conducted entirely within a detached house that contains no more than one (1) home. b. One bedroom less than the total number of bedrooms in the home may be used to provide overnight accom modation for the bed and breakfast operation. c. The bed and breakfast must be operated only by a person who resides in the home containing the bed and breakfast. d. Required parking spaces must be located on the same lot as the bed and breakfast. The additional required parking spaces may be located in tandem with any parking spaces required for the home. e. No external on-site advertising is permitted on the same lot as the bed and breakfast, except a maximum of one non-illuminated sign. Any sign for a bed and breakfast must comply with the regulations provided in Table 12.1.1b: Signage for a home business. 12.4 Condominiums 12.4.1 Standard condominiums Provided that all provisions of this By-law relative to the whole lot and its external lot lines, existing prior to any condominium plan registration are complied with, internal lot lines created by: - A registration of a plan of condominium; or - A plan or plans of condominium registered on all or a portion of a lot which is part of a comprehensively planned development subject to a development agreement pursuant to Section 41 of the Planning Act are not deemed to be lot lines for the purposes of applying regulations in this By-law. 12.4.2 Vacant land condominiums More than one detached house, semi-detached house, or townhouse is permitted on a lot provided that each has direct access to a street. A unit in a Vacant Land Condominium must be accessed by an internal private drive aisle or road that is a common element in the registered Condominium. For purposes of this regulation, the front lot line for each unit in a Vacant Land Condominium is be deemed to be that lot line abutting the internal private drive aisle or road portion of the common element wherever the driveway access is, and the detached house, semi-detached house, or townhouse must comply with all applicable regulations. 12.4.3 Common element condominiums Despite Section 11.1.1, detached houses, semi-detached houses, or townhouses are permitted on lots without lot frontage on a street provided that they are located on Parcels of Tied Lands to a Common Element Condominium consisting of at least a private driveway connecting to a street. SECTION 12: USE-SPECIFIC REGULATIONS CITY OF THUNDER BAY ZONING BY-LAW | 125 For purposes of this regulation, the front lot line for each Parcel of Tied Lands associated with a Common Element Condominium is deemed to be that lot line abutting the internal private drive aisle or road portion of the Common Element Condominium, or the lot line abutting a street wherever the driveway access is, and the detached house, semi-detached house, or townhouse must comply with all applicable regulations. Where lands have been comprehensively planned and are subject to an approved site plan and a development agreement pursuant to Section 41 of the Planning Act, any zoning deficiencies resulting from the creation of the Parcels of Tied Lands, are deemed to comply with the regulations of this By-law, provided that: a. All provisions of this By-law relative to the whole lot and its external lot lines existing prior to any condomini um plan registration are complied with; and, b. Any additions or alterations to the home, accessory buildings, changes to setbacks, and driveways added subsequent to the registration of the condominium, which are not shown on the approved site plan, must comply with the applicable regulations for the detached houses, semi-detached houses, or townhouses con tained within the Parcels of Tied Land. For the purposes of this regulation, the front lot line is deemed to be the shortest lot line abutting a street, internal driveway, or internal walkway which provides primary access to the home. 12.5 Community gardens A community garden is permitted in all zones, except the EP Zone, as either an accessory use or a main use, subject to the following regulation: a. On a lot previously used for industrial or commercial uses, raised beds with soil from an uncontaminated source must be used to grow fruits and vegetables, unless it has been demonstrated that the ground soil on the lot is suitable for growing fruits and vegetables intended for human consumption. 12.6 Legal non-conforming uses Legal non-conforming status applies to uses, buildings and structures, and the locations of buildings and structures on a lot in accordance with the Planning Act and this Section 12.6. Nothing in this By-law prevents the use of any land, building, or structure for any purpose prohibited by this By-law provided that such land building, or structure was actually and lawfully used for such purpose on the effective date and continues to be used for such purpose without interruption. Vacancy of the land will not be deemed to be an interruption unless efforts have been made to discontinue or change that use. 12.6.1 Repair, restoration, or rebuilding Nothing in this By-law prevents the repair, restoration, or rebuilding of a building or structure or any part thereof that is non-conforming with respect to this By-law, provided that: a. The repair, restoration, or rebuilding does not increase the height, size, or volume of the building or struc ture; b. The location of the building or structure either remains the same or complies with the minimum setbacks and sight triangles of the applicable zone; and c. The repair, restoration, or rebuilding results in the elimination of any encroachment into a neighbouring property, a utility easement, or street allowance or there is formal acknowledgement of the encroachment. SECTION 12: USE-SPECIFIC REGULATIONS 126 | CITY OF THUNDER BAY ZONING BY-LAW 12.6.2 Public action Where, as a result of taking of land by the Corporation or another a body having expropriation authority, any land, existing building or existing structure becomes non-conforming to this By-law, such land, existing building or existing structure is deemed to conform to this By-law. 12.6.3 Non-conforming building locations Where the location of the existing building or structure on the lot is such that it does not conform to the provisions of the applicable zone, the location of the existing building or structure on the lot is deemed to conform to the By-law where all of the following are met: a. The use of an existing building or structure or the intended use of an existing building or structure conforms to this By-law. b. The size of the lot for such use or intended use conforms to this By-law. c. The parking requirements of this By-law for such use or intended use are satisfied or capable of being satis fied. If the location of the existing building or structure on the lot is deemed to conform, nothing in this By-law prevents an alteration from being made to the existing building or structure provided the alteration does not further reduce compliance with any of the regulations of this By-law, and provided further that a minimum separation distance of 0.6 m is maintained from any lot line to the building or structure. 12.6.4 Legal non-conforming houses Notwithstanding any other section of this By-law, where a lawfully established detached house, semi-detached house, or townhouse is located in a zone that does not permit its use the following applies: a) For a detached house, semi-detached house, or townhouse that is serviced by municipal water service and municipal sewer service, Section 3.2 applies. b) For a detached house that is serviced by municipal water service but not municipal sewer service, Section 2.2 applies. c) For a detached house that is not serviced by municipal water service nor municipal sewer service, Section 1.2 applies. SECTION 12: USE-SPECIFIC REGULATIONS CITY OF THUNDER BAY ZONING BY-LAW | 127 12.7 Outdoor displays Where an outdoor display is located on a lot, the following provisions apply: a. The outdoor display must be located outside of any required parking spaces, loading areas, walkways and required landscaped area; and b. Notwithstanding subsection a), if the outdoor display is temporary (meaning a period of time not exceeding 120 days in a calendar year), it may occupy up to 10% of the parking spaces, required by this By-law for the uses that exist on the same lot. See Section 12.12.2 Garden Centres. 12.8 Outdoor storage The following outdoor storage provisions apply: a. Outdoor storage is only permitted in zones where it is expressly permitted in Sections 1-10 or 12.1.1 h) of this By-law. b. Parked motor vehicles must be licenced, insured, and fully operational. Any motor vehicle that is not li cenced, insured, and fully operational is considered outdoor storage for the purposes of this By-law. 12.9 Power and Utility Facilities Nothing in this By-law interferes with the construction, maintenance, and operation of any power and utility facility in any zone, provided that, except for a power distribution station, no building or structure associated with that power and utility facility exceeds a maximum GFA of 140.0 m². However, if a particular power and utility facility is specifically permitted in a zone, then all the regulations of the zone apply. 12.10 Public Uses Subject to the regulations in this Section 12.10, nothing in this By-law applies to prevent the use of any land or the erection or use of any building or structure by a public authority for a public use within that authority's jurisdiction. 12.10.1 Public uses in Urban neighbourhoods Where Section 12.10 permits a use in a zone within Urban Neighbourhoods that would not otherwise be permitted, the following regulations apply to that use: a. No outdoor storage is permitted. b. Any building or structure erected must be designed and maintained wherever possible in general harmony with the buildings or structures permitted in the zone in which it is located. SECTION 12: USE-SPECIFIC REGULATIONS 128 | CITY OF THUNDER BAY ZONING BY-LAW 12.11 Sensitive uses All buildings containing sensitive uses must meet the minimum separation distances described in Table 12.11. Table 12.11: Minimum separation distances for sensitive uses Building, structure, use, or zone boundary from which a building containing a sensitive use must maintain a separation distance from Minimum separation distance A building or structure used for the feeding, raising or breeding of livestock, or a manure pit or manure storage facility on another lot Agricultural use: 150.0 m Large personal farm: 85.0 m Small personal farm: 40.0 m Zone boundary of the RR - Rural Resource Zone 300.0 m Zone boundary of the US - Utilities and Services Zone 15.0 m 12.12 Temporary Uses 12.12.1 Construction Temporary buildings, structures, and outdoor storage associated with construction are permitted for as long as the work continues or as long as the building permit for the construction is valid, whichever time period is shorter. No temporary building or structure may be used for human habitation. 12.12.2 Garden centres Temporary garden centres, including greenhouses, for the seasonal sale of flowers, plants, shrubs, trees and other garden materials and landscape products are permitted in association with a permitted retail commercial use or building supply outlet for one period of a maximum of 120 days between May and October provided that all the following regulations are complied with: a. All minimum setbacks and minimum separation distances are met. b. The combined area of the greenhouse and associated outdoor display does not displace more than 10% of the required parking spaces. SECTION 12: USE-SPECIFIC REGULATIONS CITY OF THUNDER BAY ZONING BY-LAW | 129 12.12.3 Restaurant patios Temporary patios, associated with a permitted restaurant, may be used for seasonal outdoor dining for one period of a maximum of 120 days between May and October provided that all the following regulations are complied with: a. All minimum setbacks and minimum separation distances are met. b. The combined area of the patio does not displace more than 50% of the required parking spaces. 12.12.4 Pits and quarries A minimum separation distance of 30.0 m is required between a temporary wayside pit and/or quarry and related portable asphalt plants and portable concrete plants operated by a public authority and any lot line. 12.12.5 Storage containers Notwithstanding any other provision in this By-law, the temporary placement of one (1) storage container is permitted per lot in any zone within Rural Areas, Rural Settlements, or Urban Neighbourhoods provided that that of all the following regulations are complied with: a. The storage container must be located on the driveway. b. The storage container must be located a minimum of 1.0 m from any lot line. c. The storage container must have a maximum height of 2.5 m, a maximum width of 2.5 m, and a maximum length of 6.0 m. d. The storage container is permitted on the lot for no more than 30 days in a calendar year. 12.12.6 Tents Notwithstanding any other provision in this By-law, the temporary placement of an event tent is permitted in any zone provided that of all the following regulations are complied with: a) The tent must be located a minimum of 1.0 m from any lot line or main building. b) The tent is permitted on the lot for no more than 7 days in a calendar year. 12.12.7 Vehicle storage Temporary structures that are typically designed or intended to cover a motor vehicle are permitted for one period of a maximum of 120 days between October and May provided that: a. The temporary structure is not located within the front setback or exterior side setback; and b. The temporary structure is located no closer than 1.2 m from the rear lot line and interior side lot line. SECTION 12: USE-SPECIFIC REGULATIONS 130 | CITY OF THUNDER BAY ZONING BY-LAW 12.13 Undersized lots An undersized lot is a lot that is non-conforming in that it has insufficient lot frontage, lot area, and/or lot depth, and it also meets one of the following descriptions: - it was held independently from adjoining lands on January 1, 1984 and has been non-conforming since that time; - it is a parcel of land created between January 1, 1984 and the effective date through a severance approved by the Committee of Adjustment; or - it is a lot on a plan of subdivision which received draft approval between December 11, 1992 and August 26, 2019 and has not lapsed. 12.13.1 Zoning relief An exisiting undersized lot may only be used in accordance with Section 12.13.1. provided that: a. all other provisions of the By-law are satisfied; b. the lot is serviced by municipal water service and municipal sewer service or alternatively meets the re quirements of the public authority having jurisdiction; and c. the lot has a minimum lot frontage of 6.0 m or on a publicly owned and maintained street. Table 12.13.1: Permitted uses, setbacks, and lot coverage for undersized lots Regulation Zone where a detached house is permitted Zone where an apartment is a permitted use and a detached house is not Permitted uses Detached house with a maximum of one home per lot Apartment with no more than three homes per lot Minimum interior side setback 10% of the lot frontage being no less than 0.6 m 10% of the lot frontage being no less than 0.6 m Minimum rear setback 20% of the lot depth being no less than 3.0 m 20% of the lot depth being no less than 3.0 m 12.13.2 Lot additions An undersized lot entitled to relief provided for in Table 12.13.1 does not become disentitled to such relief if the size of the holding increases. In that case, the additional land added to the original holding is deemed to constitute part of the undersized lot as at the relevant date for the purpose of the definition of undersized lot, which may result in it ceasing to meet the definition. 12.13.3 Strengthening to a safe condition Nothing in this By-law prevents the strengthening or restoration to a safe condition of all or part of any building, structure or use on an undersized lot, provided that such repair or restoration does not increase the height, size or volume or change in any way the use of such building, structure or lot. SECTION 12: USE-SPECIFIC REGULATIONS SECTION 13 AREA-SPECIFIC REGULATIONS 13.1 Height Restricted Areas 133 13.1.1 Public viewshed 133 13.1.2 Aircraft traffic 134 13.2 Privately serviced lands 134 CITY OF THUNDER BAY ZONING BY-LAW | 133 SECTION 13: AREA-SPECIFIC REGULATIONS 13.1 Height Restricted Areas 13.1.1 Public viewshed Any development on lands within the area identified on Figure 13.1.1 must comply with the height regulations provided in Table 13.1.1. The regulations in this section apply notwithstanding the maximum height regulations contained in the individual zone categories. Table 13.1.1: Height regulations for public viewshed Area on map Maximum height of all buildings and structures Section 11.2.2: Exemptions from all height regulations Area 1 Elevation of 216.0 m above mean sea level Does not apply Area 2 Elevation of 222.0 m above mean sea level Does not apply Area 3 10.0 m Applies Figure 13.1.1: Height restricted area for public viewshed VAN NORMAN ST BAY ST ROLLINS ST BANNING ST ALGOMA ST S SECORD ST ST. PAUL ST CORNWALL AVE PARK AVE DUFFERIN ST CAMELOT ST HEBERT ST WAV ER LY ST COURT ST N WILSON ST MCVICAR ST COURT ST S CUMBERLAND ST S LAKE ST HOWE ST PEARL ST VILLA ST OLIVER RD CUMBERLAND ST N TUPPER ST ONTARIO ST LINCOLN ST JEAN ST REGENT ST MEMORIAL AVE COOKE ST PETER ST ROYSTON CT COLLEGE ST AMBROSE ST FOLEY ST LARK ST JOHNSON AVE MACHAR AVE VIGARS ST JOHNSON AVE DIXON ST CROWN ST C OLON E LK EA NE D R WAT ER ST M A R I N A P A R K O V E R P AS S NO RTH WATER ST ALGOMA ST N H I G H ST S RED RIVER R D SOU TH WATER ST JOHN ST TUPPER ST PROSPECT AVE M c v i c a r C r e e k Area 1 Area 2 Area 3 L a k e S u p e r i o r 200 m ´ SECTION 13: AREA-SPECIFIC REGULATIONS SECTION 13: AREA-SPECIFIC REGULATIONS SECTION 13: AREA-SPECIFIC REGULATIONS SECTION 13: AREA-SPECIFIC REGULATIONS 134 | CITY OF THUNDER BAY ZONING BY-LAW 13.1.2 Aircraft traffic Any development on lands within the area identified on Figure 13.1.2 must comply with the height regulations provided in Table 13.1.2. The regulations in this section apply notwithstanding the maximum height regulations contained in the individual zone categories. Table 13.1.2: Height restricted area for aircraft traffic Area on map Maximum height of all buildings, structures, and construction equipment Section 11.2.2: Exemptions from all height regulations Area 1 6.0 m Does not apply Area 2 10.0 m Does not apply Area 3 15.0 m Does not apply Area 4 20.0 m Applies Figure 13.1.2 Height restricted area for aircraft traffic N E E B I N G AV E J A M E S S T S W A L S H S T E V I C T O R I A AV E E F R E D E R I C A S T E M O U N T D A L E AV E B E AV E R H A L L P L G L E N O A H AV E A R T H U R S T W 2 0 T H S I D E R D S I M P S O N S T A R T H U R S T E W AT E R L O O S T S M A P L E W A R D R D R O S S LY N R D C H I P P E W A R D M AY S T N H A R B O U R E X P R E S S W AY E D W A R D S T S 2 5 T H S I D E R D 6 1 H W Y B R O A D W AY A V E 11 - 1 7 H W Y C I T Y R D Area 1 Area 2 Area 3 Area 4 1,000 m ´ 13.2 Privately serviced lands Notwithstanding all other sections of this By-law, the following uses are not permitted on lots without both municipal water service and municipal sewage service: - car wash - laundromat - long term care housing - hospital SECTION 13: AREA-SPECIFIC REGULATIONS SECTION 14 DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 137 SECTION 14: DEFINITIONS Accessory - an adjective that describes something that is incidental and exclusively devoted to something else. For example, an "accessory use" is incidental and exclusively devoted to a main use. An "accessory building" is incidental and exclusively devoted to another building on the same lot. Airport-related use - a use directly associated with or serving an airport or directly related to the operation of aircraft which may include aerospace-related education facilities, industrial uses, storage facilities, research and development, and transportation including but not limited to passenger terminals and vehicle rental, parking, bus, and taxi services. The term includes an airport and associated aircraft storage, maintenance and repair facilities, and fuel storage. Agricultural use - the use of land for the growing of crops, excluding cannabis, raising of livestock, aquaculture, apiaries, agro-forestry, maple syrup production, and riding/boarding stables. Agricultural commercial use - a commercial use primarily serving farm and resource operations in the area, such as the sale of agricultural products, the sale of farm supplies, farm equipment sales and service, and greenhouse operations. Alter - a verb that means, when used with reference to a building or structure, to change any one or more of the external horizontal or vertical dimensions of that building or structure or to change its interior or exterior walls, or roof. When used with reference to a lot, the verb "alter" means to change the location of any boundary of that lot. Alteration - a noun referring to the physical change resulting when a person alters a building, structure, or lot. Apartment - Residential building containing three (3) or more homes that typically share one main building entrance and may be located on different floors. See Diagram 14.2. Architectural feature - the projection of windows, window sills, chimneys, cornices, eaves (which includes the eavestrough), and/or similar features of a building or structure. The term excludes balconies, fire escapes, porches, or decks. Arterial - a street classified as an arterial in the Official Plan. Artisan - a person who works in any of the fine arts or in handicrafts, producing works for sale to the public. The term includes an artist, a painter, a sculptor, a potter, a weaver, a clothing maker, a wood carver, woodworker, and similar persons. The term excludes tradespersons. Attached - an adjective that means physically connected, with dependence for structural support, or complete enclosure upon at least one division wall shared in common with another building on the same lot. Attic - the space between the roof and the ceiling of the top storey of a building. Balcony - a horizontal platform that is attached to a building above the first storey and intended for use as an outdoor amenity area. See Diagram 14.1. Bed and breakfast - a business conducted within a detached house containing a maximum of one (1) home in which overnight accommodation, with or without meals, is provided to the travelling public. SECTION 14: DEFINITIONS 138 | CITY OF THUNDER BAY ZONING BY-LAW Bicycle space - an area used exclusively for the parking of bicycles. Every bicycle space falls within one of the following two categories: Short term bicycle space- Any bicycle space other than a long term bicycle space. Long term bicycle space- Secure bicycle space located within a roofed structure, a building, or a bike locker. For the purposes of this definition "secure" means enclosed on four sides with a lockable gateway or doorway. Shared storage areas must also include racks for individual bicycle locking. Building - a type of structure that is constructed in either a factory or at the final building location, having a roof supported by columns or walls designed for use for the accommodation or storage of persons, animals, goods, materials, or equipment. The term excludes a mobile house or a recreational vehicle. Building Code - is Ontario Regulation 350/06, passed under the Building Code Act, 1992 and any amendments in effect on the effective date. Building supply outlet - a place where primarily building products are sold, including wood, lumber, wallpaper, paint, glass, tiles, flooring, fixtures, home and decorating supplies, and/or tools. The use may include the outdoor display of such products. By-law - this By-law, as amended from time to time, including its recitals and schedules, which are integral parts of it. Care housing - a residential building where in-home assistance such as supervision, personal care, medical care, education, and/or counselling is provided to residents. Care housing may include homes and/or rooming units. Cemetery or crematorium - land that has been established as a cemetery under provincial legislation or a building that has been established as a crematorium under provincial legislation. Commercial parking use - the use of land for the parking, on a temporary basis, of four or more licensed motor vehicles that is not associated with another main use on the same lot. Communications device - a radio, television, or telecommunications antenna. Community garden - is an area of land managed and maintained by a group of individuals to grow and harvest food crops for personal or group use, consumption, donation, or for community benefit. Converted house - a residential building constructed before January 1, 1945 as a detached house with no more than one (1) home that has since been renovated to include additional homes. Corporation - the Corporation of the City of Thunder Bay. Where the context allows, the term includes its employees, servants, and agents. Day care centre - a place operated by a person licensed under provincial legislation to operate a child care centre for the purpose of providing temporary care to children for a continuous period not to exceed twenty-four (24) hours or a place for the purpose of providing temporary care to 5 or more adults for a continuous period not to exceed twenty-four (24) hours. Deck - a structure without a roof raised above grade that is supported by posts or blocks that extend from the ground SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 139 SECTION 14: DEFINITIONS and is intended for use as an outdoor amenity area. The surface of a deck is typically made of slats of wood or composite material spaced to provide for permeability. The term does not include a balcony, landing, patio, porch or stair. See Diagram 14.1. Detached house - Residential building containing up to two (2) homes that typically share one main building entrance and may be located on different floors. See Diagram 14.2. Domestic pet - an animal intended to be kept for the duration of its natural life by domestic households for pleasure and companionship. Examples include dogs, cats, rabbits, guinea pigs, canaries, budgies, and small rodents including hamsters or mice. The term excludes livestock or animals (other than those listed above) that other municipal by-laws specifically regulate. Some animals, including rabbits, may be kept for either food production or as domestic pets. The definition applied to those types of animals will depend on the circumstances under which they are kept in the context in which the definition is being applied. Drive-through - a window, automated teller, motor vehicle bay, or similar device or place where persons, while within their private vehicles, receive goods, or services. The term includes an entrance to a car wash. Where an order, payment, and service may be completed at separate stations, only the station where the goods or services are obtained will be counted as the drive-through. Driveway - an access for motor vehicles from any street or a private street to a parking lot or to one or more parking spaces. Educational institution - a public or private secondary school as defined in provincial legislation, a college of applied arts and technology, or a university. The term does not include an elementary school, commercial school or an industrial school. Effective date - the date on which this By-law was passed by Council, or in the case of any part of this By-law which, on appeal, is amended by an order of the Ontario Land Tribunal pursuant to section 34 (26) of the Planning Act, on the day of such order coming into force. Emergency shelter - a place licensed or funded under by a public authority or a charitable or non-profit organization which provides temporary accommodations and services to persons requiring them. Environmental overlay - a mapping overlay shown as grey shading on the zoning maps. It applies to lands that are subject to the Lakehead Region Conservation Authority's regulated area. It is designed and intended to alert readers of this By-law to areas of Thunder Bay where the Lakehead Region Conservation Authority may have permitting requirements that are pre-requisites to land development. Refer to Section 16.15.2 of this By-law for more information. Funeral establishment - a place used for the care and preparation of human remains, excluding a crematorium, and may include an ancillary visitation centre and chapel for funeral services. Furniture store - a place where primarily furniture is sold. Garage building face - the portion of the ground floor building façade which faces the street, and which is occupied by an attached garage. See Diagram 14.9. Garden suite - a free standing residential building that is designed to be temporary and portable and contains a maximum of one home. A Garden Suite is a secondary use to a detached house located on the same lot. 140 | CITY OF THUNDER BAY ZONING BY-LAW Grade - the average of the elevations of all the natural or finished levels of the ground adjoining all the exterior faces of an existing or proposed building, structure, or storage container; or a fence. See Diagram 14.9. Gross floor area or GFA - the sum of the floor areas of all of the storeys of a building (or that particular part of a building for which the GFA figure is required to be determined) as measured from the exterior faces of the exterior walls or posts. However, when referring to a unit within a multiple unit building or portions of a building, the floor areas are measured as follows: a. from the centerline of the interior walls to the exterior faces of the included exterior walls if the unit or portion of the building has no exterior walls at least one exterior wall; or b. from the centerline of all of the interior walls if the unit or portion of the building has no exterior walls. Health centre - a place where members of the public are provided with medical, health, welfare, or social support services and resources, but not overnight care or living accommodation. The term also includes a place where domestic pets are provided with veterinary health and medical care. A health centre may include an accessory pharmacy or accessory fitness area. Heavy equipment - farm equipment, motorized construction equipment, or any similar machinery. A vehicle that meets the broad definition of motor vehicle, but does not fall within the definitions of private vehicle, recreational vehicle, or commercial vehicle, is heavy equipment. Height - the vertical distance of an object measured from grade to its highest point. When measuring the height of buildings or structures that are situated on a deck, the measurement is taken from the surface of the deck rather than from grade. The term excludes wall height. See Diagram 14.4. Home - a self contained suite of one or more rooms within a building which suite contains living accommodations, cooking and sanitary facilities, and has an exclusive entrance to a common area or building exterior. The term excludes a recreational vehicle. In addition to a typical home, there are two types of homes with distinct characteristics: Backyard home - a type of home contained within a building that is accessory to a detached house, semi- detached house, or townhouse on the same lot. Caretaker's home - a type of home occupied by the owner or caretaker of a non-residential permitted use. Home business - a business conducted within a home or within a building or structure which is accessory to such home, which is neither a home day care nor a bed and breakfast. Home day care - a business involving the temporary care of either: a. five or less individuals where unlicensed under provincial legislation; or b. six or less children where licensed under provincial legislation, and where such care is provided within a home or within a building or structure which is accessory to such home for a continuous period not exceeding twenty-four (24) hours. Hospital - a "hospital" as defined in the Public Hospitals Act, an "institution" as defined in the Mental Hospitals SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 141 Act, or a "private hospital" as defined in the Private Hospitals Act. Hotel - a place where rooms are used or designed to be used for temporary overnight accommodation of the travelling or vacationing public, but not including bed and breakfast, care housing, emergency shelter, or shared housing. Indoor recreation use - a building used for commercial indoor leisure activities, cultural or social promotion, or entertainment. The term includes museum, art gallery, movie theatre, social club, public hall, fitness centre, convention centre, theatre for the performing arts, covered arena or field, gymnasium, billiard hall, bowling alley, miniature golf course, driving range, ice or roller skating or curling rink, swimming pool, sauna or a similar use. The term excludes outdoor recreation uses. Industrial use - is any of the following operations including the accessory sale of goods resulting from the operations: a. the carrying on of any process of manufacture whether or not resulting in a finished product; b. the treatment of waste materials; c. the processing and/or storage, but not the extraction of, sand, gravel, clay, turf, soil, rock, stone, or simi lar substances; d. display, rental, sale, lease, repair, or maintenance of heavy equipment; e. the disassembly or reprocessing of any used building materials, goods and/or motor vehicles; f. the storing of equipment and materials of a tradesperson, including an associated shop and area for assembly work; and/or g. instruction and training of tradespersons including facilities for the training of heavy equipment opera tors, metalworkers, or welders. Every industrial use falls within one of the following two categories: Light industrial use - an industrial use which is unlikely to interfere with the normal enjoyment of any nearby place. The operations are entirely enclosed within a building, such that adverse effects such as noise, vibration, dust, or odour are negligible. Outdoor storage of any kind is prohibited. The term includes but is not limited to small scale production or processing uses, indoor storage and/or workshop for a tradesperson, repairs or services for appliances or small engine equipment. Heavy industrial use - an industrial use which is likely to interfere with the normal enjoyment of any nearby place. The operations are permitted outside a building and do produce adverse effects such as noise, vibration, dust, or odour and may occur outside the building. Outdoor storage is permitted. The term includes, but is not limited to, painting/coating, ready-mix and concrete product manufacturing, dry cleaning plants, auto body repair, heavy equipment service and rental, transport terminals, chemical storage facilities, asphalt manufacturing, paper manufacturing, rail yards, seaplane bases, and shipyards. The term does not include cannabis production and processing facilities, meat and meat product processes, and scrap yards. Landing - an outdoor platform with an area not exceeding 2.5 m² which either: a. extends horizontally from the wall of a building no more than 1.5 m, is adjacent to a door, provides direct access to the ground or a stair, and may have a roof; or b. has no roof and is situated between flights of stairs. A structure that would meet this definition, but is in excess of 2.5 m² is a deck. See Diagram 14.1. Landscaped area - an open area of land, unoccupied by buildings or structures, motor vehicles or items on SECTION 14: DEFINITIONS 142 | CITY OF THUNDER BAY ZONING BY-LAW display, situated at ground level on a lot and used for the growth and maintenance of grass, flowers, shrubs, trees or other vegetation. The term does not include surfaced walkways and patios, retaining walls or any other hard landscaping features, roof-top terraces, and driveways or parking lots regardless of composition. Lane - is a strip of land under the jurisdiction of a public authority, which may or may not be open to the public and/or maintained on a year-round basis which typically provides secondary access to a lot. This term does not include a street. Livable building face - any part of the building façade located at grade that faces the street and is occupied by habitable living space area. The term excludes the garage building face, porches, or upper floor building faces that are not in line with the façade at grade See Diagram 14.9. Livestock - animals that are kept for food production purposes, trade, breeding, fur, or fibre, including breeding stock and offspring. The term also includes horses. Some animals, including rabbits, may be kept for either food production or as domestic pets. The definition applied to those types of animals will depend on the circumstances under which they are kept in the context in which the definition is being applied. Loading space - an enclosed or unenclosed space located on a lot for the temporary parking of any motor vehicle while loading or unloading goods, merchandise, or materials used in connection with the main use of the lot. Long term care housing - a place regulated by the Ontario Long-Term Care Homes Act, 2007, that provides residential accommodations and a broad range of personal care, support and health services to meet the physical, psychological, social, spiritual, and cultural needs of persons. Lot - a parcel of land or contiguous parcels of lands held under the same ownership. Every lot falls within one of the following three categories: Corner lot - located either: a. at the intersection of, and abutting upon, 2 or more street allowances, where the angle of intersection does not exceed 135 degrees; or b. on the curve of a street allowances where the angle of intersection does not exceed 135 degrees. a lot located on the curve of a street allowance where the angle of intersection does not exceed 135 degrees The size of the angle of intersection of a corner lot on the curve of a street allowance as described in (b) above is determined by projecting the tangents from the intersections of the lot lines with the curved street allowance, and measuring the angle where the tangent projections intersect. The location of the 'corner' of a corner lot on the curve of a street allowance is determined by bisecting the angle referenced in the preceding paragraph and projecting the bisecting line to the street line. Interior lot - a lot other than a corner lot or a through lot. Through lot - a lot, other than a corner lot, with two or more lot lines abutting a street allowance. See Diagrams 14.5. Lot area - the total horizontal area within the lot lines of a lot. SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 143 Lot coverage - the percentage of the total lot area covered by any and all buildings, structures, or outdoor storage uses. The following are not included in the calculation of lot coverage: architectural features, eaves less than 0.6 m, fire escapes, outdoor displays, wheel chair ramps, swimming pools, stairs, decks, patios or landings. Lot depth - the straight-line distance measured from the mid-points of the front lot line and the rear lot line. Lot frontage - the distance between the side lot lines, measured between the points on the side lot lines 10 m from the front lot line. See Diagram 14.6. Lot line - any boundary of a lot, including its vertical projection. Every lot line falls within one of the following four categories: Exterior side lot line - a lot line, which is neither a front lot line nor rear lot line, and which abuts a street allowance. Front lot line - a lot line, which is: a. the lot line abutting a street allowance; b. the shortest lot line abutting a street allowance where there is more than one lot line abutting a street allowance; or c. the lot line that affords the principal access to the lot where the lot lines that abut a street allowances are the same length. Interior side lot line - a lot line other than a front lot line, rear lot line, or exterior side lot line. Rear lot line - a lot line, which measured from its midpoint, is farthest from the midpoint of the front lot line. Where a lot has three or fewer lot lines, there is no rear lot line. See Diagram 14.7. Main use - the use which constitutes the primary reason for attendance at the lot on which it is located. Any given lot may have more than one main use, depending on the regulations of this By-law. Main building - the building devoted to the main use of a lot. If a lot has more than one main use, it may have more than one main building. Microbrewery - a place used for the small-scale production of beverages including beer, wine, cider, and spirits. The terms includes any commercial uses related to the microbrewery such as a retail store, a restaurant, a tasting room, event space, and accessory support spaces. Minor institutional use - a public or private elementary school as defined in provincial legislation, library, or place of worship. Mobile house - a factory built and transportable residential building commonly known as a "mobile home". The term excludes a recreational vehicle. Motor vehicle - a vehicle propelled or driven otherwise than by muscular power. There are three categories of motor vehicles: Private vehicle - a passenger automobile, motorcycle, pickup truck, and/or passenger van, which is used SECTION 14: DEFINITIONS 144 | CITY OF THUNDER BAY ZONING BY-LAW for personal purposes. Recreational vehicle - a motor vehicle designed exclusively for travel, recreation, and/or vacation. The term includes tent trailers, camper vans, motor homes, marine equipment, all terrain vehicles, snowmobiles, travel trailers, trailers attached to a private vehicle and similar vehicles. This term excludes a mobile house. Commercial vehicle - a motor vehicle that is designed or used for commercial purposes and/or designed or used for carrying a load and/or cargo. The term includes school or coach buses and trailers used for hauling goods and/or materials. Motor vehicle sales or rentals - a place where motor vehicles are sold or rented. Motor vehicle service use - a place where motor vehicle related services are offered for a fee including fueling or electric charging, washing, mechanical servicing or maintenance. The term does not include heavy industrial use such as the body repair, painting, or coating of motor vehicles. Municipal law enforcement officer - any person appointed to enforce this By-law, or any member of the Thunder Bay Police Service or the Ontario Provincial Police. Municipal sewage service - the disposal of sewage and grey water or wastewater by a piped sanitary sewer system owned and operated by the Corporation. Municipal water service - the provision of water by a piped water system owned and operated by the Corporation. Natural vegetated buffer - an area of land that is solely composed of indigenous vegetation. The term does not include areas that are mown or otherwise maintained or landscaped. Office - a place used for one or more of the following purposes: professional consulting practice, professional advisory services, the administrative functions of a business or industry, the carrying on of a business the main product of which is the creation, processing and/or storage of information rather than the production, retailing, and/or distribution of goods. The term excludes health centre or service commercial use. Official Plan - the City of Thunder Bay Official Plan, approved and modified by the Ministry of Municipal Affairs and Housing on March 11, 2019. Outdoor display - the use of land for the external storage of merchandise that is displayed for sale to customers of the business which is the main use of the land. Outdoor furnace - an appliance, situated outside of any building or structure, which it is used to heat that building through a combustion process. Outdoor recreation use - a place used for leisure activities which primarily take place outdoors, including amusement parks, overnight cabins, recreational vehicle parks, driving ranges, golf courses, ski resorts, zoos, and racetracks. Outdoor storage - the storage of equipment, goods and or materials outside of any building or structure, including storage in unenclosed portions of any building or structure which are open to the air on the sides. The term includes the storage of heavy equipment, motor vehicles, or storage containers. Parking aisle - a portion of a parking lot that abuts one or more parking spaces and provides access from the SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 145 parking spaces to a street, a private street, or a lane. Parking lot - a place used or intended to be used for the parking, on a temporary basis, of four or more licensed motor vehicles in rows of delineated parking spaces which are accessed from adjacent parking aisles. Parking space - an area of land set apart for the purposes of parking a single motor vehicle. The term includes areas of land within parking lots, areas of land on driveways, and/or areas of land or floor space within garages or car ports. Accessible parking space - a parking space dimensioned, located, and signed to be accessible to persons with disabilities. Party wall - a wall capable of being jointly owned and/or jointly used by two or more parties which is erected on a lot line or separating two lots or potential lots. The term includes any extension of such a wall. Patio - an area of land that is the site of decorative stone or other material that rests upon the ground which is intended for use as an outdoor amenity area, but excludes a balcony, deck or porch. See Diagram 14.1. Personal farm - a place where the raising of livestock occurs in small quantities and any yield from said livestock is not sold to the public. Every personal farm falls within one of the following two categories: Small personal farm - a personal farm with either: a. A maximum of one large animal unit; b. A maximum of one small animal unit; or c. A maximum of one animal unit of fowl. Large personal farm - a personal farm with either: a. A maximum of five large animal units; b. A maximum of four large animal units with either one small animal unit or one animal unit of fowl; or c. A maximum of three large animal units with up to one small animal unit and one animal unit of fowl. A farm that meets the definition of a personal farm, but exceeds the maximum number of animal units that defines a large personal farm is an agricultural use. Animal units - groups of livestock defined as follows: large animal unit - one cow, one horse, one swine, one sheep, one goat, or one similar large livestock animal animal unit of fowl - any number of fowl up to 20 small animal unit - any number of rabbits or other small livestock mammals up to a maximum of 15 The offspring of the livestock are not counted as parts of animal units until they have reached the age of one year (for large animals), or six months (for small animals or fowl.) SECTION 14: DEFINITIONS 146 | CITY OF THUNDER BAY ZONING BY-LAW Pit - A place where unconsolidated gravel, stone, sand, earth, clay, fill or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. Place - land, buildings, and/or structures or any portion of any of them. Porch - a roofed structure attached to a building and raised above grade, that is intended for use as an outdoor amenity area. The term excludes a balcony, deck, landing, patio or stair. Potential lot - a portion of a lot covered by one or more homes in either a semi-detached house or a townhouse that meets minimum lot frontage and lot area requirements for said homes and could theoretically be severed along one or more vertical party walls. Every potential lot falls within one of the following two categories: Outside potential lot - a potential lot, with either an existing interior side lot line or exterior side lot line, that could only be severed along a single party wall. Inside potential lot - a potential lot, without an existing interior side lot line or exterior side lot line, that could only be severed along a two distinct party walls. See Diagram 14.11. Power and utility facility - Facilities that provide electricity, gas, steam, water, radio or television services, telecommunication services, environmental monitoring, transportation services (excluding a taxi service), and drainage, sewage or waste collection and disposal services to the public. The term includes power generating, transformer, and distribution stations, waste disposal or treatment facilities, bus depots, and train stations. There is a special type of power and utility facility: Power distribution station - a place where power is reduced from one distribution level to another. Public authority - any of the federal, provincial, or municipal governments, including their crown agencies and local boards, as well as the Thunder Bay District Social Services Administration Board. Public entrance - the doorway or other entrance to a building that is open to and intended for use by the general public for ingress and egress during regular business hours. The term excludes entrances which required a key or passcode for entry such as a service entrance, employee entrance, or entrance to the common area of an apartment. Quarry - a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. Rail corridor - the railway right-of-way of any railway company. Rail yard - a place where activities directly associated with the operation of a railway take place. These activities include loading and offloading freight, and/or the maintenance and repair of railway cars. Research facility or laboratory - a place primarily used for research, investigation, testing, or experimentation in any field of science, medicine, or technology. The use does include not facilities for the manufacture or sale of SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 147 products, except as incidental to the main purpose of the laboratory. Restaurant - a place where food and/or beverages are prepared and served to persons, primarily for immediate consumption on or off the premises. Retail commercial use - a place where food, new and/or used goods, wares, merchandise, substances, or articles are sold directly to the public. The term includes an open-air market and a place where an artisan makes and sells their wares. The use does not include a building supply outlet or a furniture store. Retail warehouse - a place which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuff, substances, articles, and the like and where a portion of the floor area is devoted to the retail sale of said products. Rooming units - a room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the building intended to serve the residents, such as cooking or sanitary facilities. Rural convenience use - a commercial use that primarily sells food and/or fuel for a motor vehicle. The use includes restaurants with or without a drive-through, convenience stores which primarily sell food, and fuel/ charging stations for motor vehicles. Rural pet services - a place in the Rural Area where pet services such as the veterinarian or non-veterinarian caring, grooming, training, overnight boarding, and/or breeding of domestic pets is offered. Services may include an outdoor enclosure. Rural pet services includes a "kennel" as defined in the Corporation's Kennel By- law no. 170-2005. Secondary use - a type of land use that is permitted in addition to a permitted main use. Self-storage - a building or part thereof, which is used primarily for the self-storage of household goods, wares, merchandise, articles and the like, but does not include fuel storage. Every self-storage use falls within one of the following two categories: Indoor self-storage - self-storage where individual units are accessed from indoors, such as from a hallway in a main building. Outdoor self-storage - self-storage where individual units are accessed directly from the outdoors. Semi-detached house - a residential building containing two (2) to four (4) homes that have individual entrances and are separated by a single vertical party wall. The building has potential to be severed along the party wall. The term includes a stacked semi-detached building , or semi-detached duplex, where homes are also stacked on top of each other in addition to being separated by a vertical party wall. See Diagram 14.2. Sensitive use - any type of home, care housing, long term care housing, shared housing, emergency shelter, hospital, health centre, day care centre, minor institutional use, educational institution, correctional centre, penitentiary, or jail. Separation distance - the perpendicular horizontal distance between two things as specified in this By-law. It is SECTION 14: DEFINITIONS 148 | CITY OF THUNDER BAY ZONING BY-LAW measured in the following ways: a. With respect to distances between buildings, between the exterior walls or foundations of any building or structure to another building or structure on the same lot measured at its closest point. b. With respect to distances between outdoor storage and a building or structure, distance between the outer limit of the materials stored and the exterior walls or foundations of any building or structure on the same lot, measured at its closest point. c. With respect to distance between uses and lots, between the lot boundary containing one use and the lot boundary containing the other use measured at its closest point. d. With respect to distance between uses and zone boundaries, between the use and the zone boundary measured at its closest point. Service commercial use - a place where the main function is offering a service for a fee. This term includes, but is not limited to commercial schools, banks and credit unions, domestic pet services, pharmacies, travel agencies, photography studios or print shops, jewellers, florists, optical dispensaries, personal care such as from an esthetician, barber, or hairstylist, and care of apparel such as a tailor, cobbler, self-service laundry, or dry-cleaning drop-off. The accessory retailing of products related to the above is also permitted. The term does not include a motor vehicle service use or the overnight boarding or breeding of domestic pets. Setback - the area extending from the front lot line, rear lot line, interior side lot line, or exterior side lot line to the closest main building, main structure, or limit of a permitted outdoor storage use. Setbacks are described by the lot line that defines them as: front setback, rear setback, interior side setback, and exterior side setback as applicable. See Diagrams 14.7 and 14.8. Shared housing - a residential building containing four (4) or more rooming units. Sight triangle - a triangular area that is clear of any visual obstruction and is formed between points measured along a lot line a prescribed distance from the intersection of a street, provincial highway, or rail corridor. Small engine equipment - motorized personal equipment including lawnmowers, snow blowers, or similar equipment. The term does not include motor vehicles or heavy equipment. Stacking space - a space intended for motor vehicles in a queue for a drive through or in a queue for the fuelling space adjacent to a fuel pump of a fuel bar. Storage container - a rail or seaway container or other similar container without running gear that is typically used for the shipping and transportation of goods and materials, but is being used for storage purposes. Storey - that portion of a building or structure which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. See Diagram 14.3. First storey - the storey with its floor closest to grade and having its ceiling more than 1.8m above grade. Second storey - the storey directly above the first storey. SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 149 Street allowance - an area of land identified as a public road under the jurisdiction of a public authority, which may or may not be maintained and/or open to the public on a year-round basis. For the purposes of determining lot lines and setbacks, a 0.3 metre reserve abutting a street allowance is considered to be part of the street allowance. Similarly, a strip of land acquired by the public authority with jurisdiction over a street for the purposes of a future widening of the street, or for use as a utility corridor, or for any other public purpose, is also considered to be part of the street allowance, whether it has been formally opened to the public or not and regardless of the degree of its maintenance. See Diagram 14.12. Street - that portion of a street allowance that is maintained and open to motor vehicle travel on a year-round basis. See Diagram 14.12. Private street - a right-of-way that is not under the jurisdiction of any public authority which provides a means of access from a street to a lot. Street line - a line that runs along a lot line that abuts an open and maintained street allowance. Structure - any type of structure, other than a building, that is developed or requires a foundation to hold it erect. The term excludes vegetation, fences, on-grade and unenclosed parking lots, driveways, on-grade patios, sidewalks, swimming pools, retaining walls, flagpoles, laundry poles, basketball nets, bird houses, and mechanical equipment including air conditioners, and pool heaters, and pumps. The term includes communications devices and temporary shelters that are ineligible for a permit under the Building Code. Thunder Bay - the geographic area under the jurisdiction of the Corporation. Townhouse - residential building containing three (3) or more homes that have individual entrances and are separated by party walls. The building has potential to be severed along party walls. The term includes a stacked townhouse where homes are also stacked on top of each other in addition to being separated by vertical party walls. See Diagram 14.2. Tradesperson - a person who works in a skilled trade or otherwise in the construction industry. The term includes a plumber, a cabinet maker, an electrician, a general contractor, a builder, a carpenter, a drywaller, a bricklayer, a house painter, a roofer, a siding installer, a welder, or an ironworker. Use - a noun meaning the purpose for which any place is used, occupied, or intended to be used or occupied. Visual screen - a visual barrier that conceals objects, places, or uses from view by others, specifically a solid fence or wall. Wall height - the average distance distance between either: a. the ground floor and the roof line above it in the case of a single storey building; or b. any floor and the ceiling immediately above it in the case of a multiple storey building. SECTION 14: DEFINITIONS 150 | CITY OF THUNDER BAY ZONING BY-LAW Waste storage enclosure - a building, enclosed area, or vessel used to temporarily store bags or bins of waste and/or recycling that is: a. an accessory building; b. an area of land enclosed by a visual screen such that no bags or bins are visible while the enclosure is closed; or c. a purpose-built polyethylene container than is located partially underground which is designed to be visible. Warehouse - a building or part thereof which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuff substances, articles, and the like but does not include chemical storage or outdoor storage. The term does not include retail warehouse or an industrial use. Water access - adequate and usable access from Lake Superior, the Kaministiquia River, the McKellar River, or the Mission River. Water-related use - a use which relies on water access such as docks and/or boat launches, boat houses, flood and/or erosion control, or a marina. The term includes any place where boats are docked, launched, berthed, stored, serviced, repaired, and/or kept for sale or rent. Zone - the name applied to an area of land upon which certain land uses are regulated and controlled through this By-law. Zones are labelled with a letter or a group of letters, which may be followed by a number and/or a suffix as detailed in Section 16.15. The maps in Schedule A to this By-law show the boundaries (subject to Section 16.15) of the various zones. SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 151 Diagram 14.1: Balconies, decks, landings, and patios Balcony Landing Patio Deck SECTION 14: DEFINITIONS 152 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 14.2: Residential building types home 1 home 2 unit home OR OR home 1 home 3 home 2 home 4 party wall party wall home 1 home 2 Detached house (1 to 2 homes) Semi-detached house (2 to 4 homes) SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 153 home 1 home 2 home 3 Townhouse (3 or more homes) home 1 home 2 home 3 party walls SECTION 14: DEFINITIONS 154 | CITY OF THUNDER BAY ZONING BY-LAW Diagram 14.3: Building storeys (i.e. attic, first storey, and basement) attic first storey ceiling is more than 1.8 m above grade basement or cellar second storey third storey Diagram 14.4: Maximum height and wall height Wall height Height Grade Deck surface Height Wall height Wall height Height Wall height SECTION 14: DEFINITIONS CITY OF THUNDER BAY ZONING BY-LAW | 155 SECTION 14: DEFINITIONS Diagram 14.5: Different lot types (i.e. corner lot, interior lot, and through lot) corner lot corner lot corner lot corner lot interior lot interior lot interior lot interior lot interior lot through lot interior lot 156 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 14: DEFINITIONS Diagram 14.6: Lot frontage and lot depth on different shaped lots side lot line side lot line side lot line side lot line side lot line side lot line exterior side lot line lot depth lot line projections Lot line projections are used to determine what is the front lot line and what is the exterior lot line. LOT ON A CORNER EYEBROW LOT WITH A CONCAVE CURVED FRONT LOT LINE CORNER LOTS WITH CURVED SIDES 10 m lot frontage lot depth lot depth lot depth exterior side lot line lot frontage 10 m 10 m lot frontage lot frontage lot line projections midpoint of front lot line midpoint of rear lot line 10 m 10 m 10 m 10 m 10 m midpoint of front lot line midpoint of rear lot line midpoint of front lot line midpoint of rear lot line midpoint of front lot line midpoint of rear lot line CITY OF THUNDER BAY ZONING BY-LAW | 157 SECTION 14: DEFINITIONS side lot line side lot line lot depth side lot line side lot line side lot line side lot line LOT WITH PARALLEL FRONT AND REAR LOT LINES LOT WITH LOT LINES NOT PARALLEL LOT WITH INTERSECTING SIDE LOT LINES lot depth lot depth lot frontage lot frontage lot frontage rear lot line represented by a point of intersection 10 m 10 m 10 m 10 m 10 m 10 m midpoint of front lot line midpoint of front lot line midpoint of front lot line midpoint of rear lot line midpoint of rear lot line 158 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 14: DEFINITIONS Diagram 14.7: Lot lines and setbacks on typical lot interior side lot line exterior side lot line rear lot line rear setback exterior side setback interior side setback front setback front lot line Diagram 14.8: Lot lines and setbacks on irregular lot City street front lot line interior side lot line interior side lot line rear lot line rear setback interior side setback interior side setback front setback CITY OF THUNDER BAY ZONING BY-LAW | 159 SECTION 14: DEFINITIONS Diagram 14.9: Garage building face and livable building face ATTACHED GARAGE garage building face liveable building face LIVING SPACE garage building face liveable building face Diagram 14.10: Grade attic established grade BUILDING WALL B A H A B C D E F G 160 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 14: DEFINITIONS Diagram 14.11: Potential lots (i.e. inside or outside) Outside potential lot Townhouse lot Abutting lot Outside potential lot Inside potential lot Inside potential lot Inside potential lot Inside potential lot minimum lot frontage minimum lot frontage CITY OF THUNDER BAY ZONING BY-LAW | 161 SECTION 14: DEFINITIONS Diagram 14.12: Streets and street allowances centreline future road widening sidewalk sidewalk 0.3m reserve street allowance street front lot line interior side lot line boulevard boulevard 162 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 14: DEFINITIONS SECTION 15 GENERAL SCOPE AND ADMINISTRATION 15.1 Short title 165 15.2 Application of this By-Law 165 15.2.1 Lands subject to this By-Law 165 15.2.2 Compliance with this By-Law 165 15.3 Compliance with other legislation 165 15.4 Validity or severability 165 15.5 Effective date 165 15.6 Repeal of existing Zoning By-law 165 15.7 Technical Revisions 165 15.8 Contents of this By-law 165 15.8.1 Regulations 165 15.8.2 Figures and tables 165 15.8.3 Maps 165 15.8.4 Diagrams and other reference aids 165 15.9 Administration 166 CITY OF THUNDER BAY ZONING BY-LAW | 165 SECTION 15: GENERAL SCOPE AND ADMINISTRATION 15.1 Short title The Short Title of this By-law is the "Zoning By-law". 15.2 Application of this By-Law 15.2.1 Lands subject to this By-Law The provisions of this By-law apply to all lands within the boundaries of the Corporation of the City of Thunder Bay as shown on the maps in Schedule 'A' of this By-law. 15.2.2 Compliance with this By-Law A building or structure must not be erected or altered, and any change of use or occupancy of any building, structure, land, premises, or any part thereof must not be made except in compliance with the provisions of this By-law. All uses of land must be considered to be prohibited uses unless specifically permitted by this By-law. 15.3 Compliance with other legislation Nothing in this By-law exempts any person from complying with the requirements of any other by-law of the City or any other government statute and/or regulation that may otherwise affect the use of land, buildings, or structures. 15.4 Validity or severability A decision of a court of competent jurisdiction that any section, clause, or provision of this By-law, or anything contained in any Schedule of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the By-law as a whole or any part thereof, other than the section, clause, provision or Schedule so declared to be invalid. All remaining sections, clauses, provisions or Schedules of this By-law remain in full force and effect until repealed, despite that one or more sections, clauses, provisions or Schedules thereof have been declared to be invalid. 15.5 Effective date This By-law comes into force and takes effect on the effective date. 15.6 Repeal of existing Zoning By-law By-law 100-2010 and all amendments thereto are repealed. SECTION 15: GENERAL SCOPE AND ADMINISTRATION 166 | CITY OF THUNDER BAY ZONING BY-LAW 15.7 Technical Revisions Technical revisions may be made to this By-law without the need for a Zoning By-law Amendment. Technical revisions include the following: a. changing section numbers or the order of text, provided that no sections are added or deleted; b. consolidating Council-approved amendments to this By-law; c. correcting clerical typographic, punctuation, grammatical, cross-referencing, or mapping errors which do not affect the intent or application of this By-law; d. re-wording provisions or re-illustrating figures or diagrams only for the purpose of clarification without changing the intent or purpose of the provisions, figures, or diagrams; or e. inserting footnotes or similar annotations to indicate the origin and approval of a provision. 15.8 Contents of this By-law 15.8.1 Regulations A regulation is a provision within this By-law that prescribes any condition under which a permitted use on a lot is authorized. The regulations control how any permitted use is to be allowed on any particular lot. A use is only permitted when it meets all of the applicable regulations, unless the lot or building containing it has legal non- conforming status. 15.8.2 Figures and tables Figures form part of this By-law. Tables form part of this By-law and specify regulations. 15.8.3 Maps Schedule "A" forms a part of this By-law and is comprised of a series of maps which together form maps of Thunder Bay, with the zone labels applied to indicate geographic boundaries of zones. 15.8.4 Diagrams and other reference aids Reference aids such as how to use this By-law, tables of contents, marginal notes, headers, footers, headings, and illustrations are included for convenience of reference only and do not form part of this By-law. For greater certainty, diagrams are to be used as examples to show the application of a regulation or definition, and cannot be construed to have general application beyond their context. 15.9 Administration Administration of this By-law, in accordance with applicable law, is under the authority of the Corporation's Director of Planning Services. SECTION 15: GENERAL SCOPE AND ADMINISTRATION SECTION 16 INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 16.1 Interpretation 169 16.2 Promotion of health, safety, and general welfare 169 16.3 Acting directly or indirectly 169 16.4 Text organization 169 16.5 Conflicts with other by-laws 169 16.6 Conflicting regulations 169 16.7 Permits 169 16.8 Measurement tolerances: 170 16.9 Transition Provisions 170 16.9.1 Building permit applications 170 16.9.2 Site plan approval applications 170 16.9.3 Minor variances 170 16.10 Word Usage 171 16.10.1 Tense and plurality 171 16.10.2 "Must" and "may" 171 16.10.3 Gender 171 16.10.4 "Includes" 171 16.10.5 All or any part of 171 16.11 Reference to legislation 171 16.12 Use of tables 171 16.13 Use of short forms 171 16.14 Reference to land use area 172 16.15 Zone schedules 172 16.15.1 Zones 172 16.15.2 Environmental overlay 172 16.15.3 Site specific provisions 172 16.15.4 Holding provisions 172 16.16 Limits of zones 173 16.17 Definitions 173 CITY OF THUNDER BAY ZONING BY-LAW | 169 SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 16.1 Interpretation The interpretation rules set out in this Section 16 apply to all of the provisions of this By-law, unless the text expressly provides otherwise. 16.2 Promotion of health, safety, and general welfare In the interpretation and application of the provisions of this By-law, the provisions are be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, amenity and general welfare, as it relates to land use. 16.3 Acting directly or indirectly Where this By-law prohibits an action, or requires a person to undertake an action, the prohibition or requirement applies both directly and indirectly. This means that a person prohibited from doing something is also prohibited from causing, allowing, or permitting that action to be done. Likewise, a person may fulfil the requirements of this By-law to undertake a particular action by causing, allowing, or permitting the action to be undertaken. 16.4 Text organization The headings, captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. This rule applies to all headings and titles, including those on tables, diagrams, maps, figures, and other elements. 16.5 Conflicts with other by-laws In the event of any conflict between this By-law and any other by-law passed by the Corporation, the more restrictive provision prevails unless applicable law requires otherwise. 16.6 Conflicting regulations Where regulations in this By-law conflict, the most restrictive regulation applies. 16.7 Permits No person is entitled to a permit issued by the Corporation for a proposed use of land or a proposed alteration, erection, enlargement or use of any building or structure that would contravene any provisions of this By-law. Subject to applicable law, the issuance of a permit by any public authority, including the Corporation, does not constitute an acknowledgement that the requirements of this By-law have been complied with. SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 170 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 16.8 Measurement tolerances: Unless the text expressly provides otherwise, any measurement provided for in this By-law has a tolerance of plus or minus 0.05 m in the case of linear measurement, and/or plus or minus 0.5% in the case of area measurement. 16.9 Transition Provisions Section 16.9 applies for three years from the effective date. Until such time, the following transitional provisions apply. 16.9.1 Building permit applications Nothing in this By-law prevents the erection or use of a building or structure for which an application for a building permit was filed on or prior to the date this By-law was passed by Council, if the development in question complies, or the building permit application for the development is amended to comply, with the provisions of the applicable Zoning By-law as it read on the day before the effective date of this By-law. Once a permit has been granted, the provisions of this By-law apply in all other respects to the land in question. 16.9.2 Site plan approval applications Nothing in this By-law prevents the erection or use of a building or structure for which a complete application for site plan approval under Section 41 of the Planning Act was filed on or prior to the effective date of this By-law provided that: Such application complies, or the application for the said development is amended to comply, with the provisions of the applicable Zoning By-law as it read on the day before the effective date of this By-law; and An application for a building permit for said development has been received and deemed complete by the Chief Building Official within three years of the effective date of this By-law. 16.9.3 Minor variances Nothing in this By-law prevents the erection or use of a building or structure which is permitted by an application pursuant to Section 45 of the Planning Act which was made prior to the effective date of this By-law provided that: Such application has been approved either by the Committee of Adjustment or, on appeal, by the Ontario Land Tribunal or its predecessor, before or after the effective date of this By-law; and An application for a building permit for the erection or use of a building or structure has been received and deemed complete by the Chief Building Official within three years of the effective date of this By-law. CITY OF THUNDER BAY ZONING BY-LAW | 171 16.10 Word Usage 16.10.1 Tense and plurality Words used in the present tense include the future tense; words used in the future tense include the present tense, words in the singular include the plural; words in the plural include the singular. 16.10.2 "Must" and "may" The word "must" is to be construed as being always mandatory and requires full compliance. The word "may" is to be construed as being permissive. 16.10.3 Gender Words imparting gender must be interpreted to refer to any gender, as applicable in the context. 16.10.4 "Includes" The word "includes" in any tense (for example, "including", "included", or "include") is not intended to restrict or limit any of the words or phrases either preceding or following it. 16.10.5 All or any part of Reference to any noun is considered to be a reference to all or any part of that item. For example, reference to "a building or structure" should be interpreted as reference to "all or any portion of a building or structure" and reference to "a watercourse" should be interpreted as reference to "all or any portion of a watercourse". 16.11 Reference to legislation Where any legislation or portion thereof is referenced herein, it is intended that such references should be interpreted to include any subsequent legislation and related regulations, policies and guidelines that may amend or replace the specific statute. 16.12 Use of tables Many of the regulations in this By-law are contained within tabular format. To use a table locate the applicable regulation in the first column of the table. Read across the table and locate the measurement or requirement in the same row as the applicable regulation. The measurement or requirement in that table cell is the one that applies to the regulation in the first column and to the permitted use to which the table applies. 16.13 Use of short forms The notation 'GFA' means gross floor area, the notation '%' means percent, the notation 'm' means metres, and the notation "m² " means square metres SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 172 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 16.14 Reference to land use area Sections 1 through 10 comprise different land use areas that include one or more zones. A reference made to a land use area includes all zones within that land use area. 16.15 Zone schedules 16.15.1 Zones The location, extent, and boundaries of all zones are shown on Schedule "A". 16.15.2 Environmental overlay The location, extent, and boundaries of the environmental overlay are shown on Schedule "A" with a shading over top of the underlying zones. a. The Corporation acknowledges that areas adjacent to floodplains, wetlands, talus slopes, and watercourses in Thunder Bay are under the jurisdiction of the Lakehead Region Conservation Authority (LRCA). The Corporation further acknowledges that the LRCA has the authority to regulate and/or prohibit development within these ar eas. Finally, the Corporation acknowledges that mapping lines associated with these features can change based on soil erosion, new data or study results, or other factors. To alert readers of this By-law to the fact that, where development occurs in these areas, there will be requirements of the LRCA in addition to those imposed by this By-law, the Corporation has applied the environmental overlay to the maps. b. The environmental overlay consists of shaded areas of land under the jurisdiction of the LRCA. The environmen tal overlay is not considered to be an integral part of this By-law. Accordingly, changes in mapping associated with these areas can result in changes to the environmental overlay without formal amendment being required to this By-law. Readers of this By-law are directed to consult with the LRCA whenever they are considering development on land that is near any of these features, whether or not it is contained within the environmental overlay on any map that forms a part of this By-law. 16.15.3 Site specific provisions The location, extent, and boundaries of site specific provisions are shown on Schedule "A" where a zone symbol is followed by the letters "SP" and a number in parentheses in superscript. 16.15.4 Holding provisions The location, extent, and boundaries of holding provisions are shown on Schedule "A" where a zone symbol is followed by the letter "H" and a number in parentheses in superscript. CITY OF THUNDER BAY ZONING BY-LAW | 173 16.16 Limits of zones When determining the boundary of any zone as shown on Schedule "A", the following applies: a. A boundary indicated as following a street, lane, railway right-of-way, utility corridor, or watercourse will be the centre-line of the applicable feature and the applicable feature must be included within the zone of the adjoining lot(s) on the sides thereof. b. A boundary indicated as following lot lines on the effective date of this By-law or the municipal boundaries of the City must follow such lot lines or boundary. c. Where any zone boundary is not shown to be a street, lane, right-of-way, or watercourse, and where the bound ary approximately follows the limit of a lot (as of the date of the passage of the by-law that applied the boundary), the zone boundary is considered to be the lot boundary. d. The closure of a street, lane, or right-of-way that formed a zone boundary under Section 16.16 a) does not consti tute an amendment to the zone boundary. Accordingly, if a street, lane, or right-of-way that formed a zone bound ary is closed, the zone boundary is considered to be the centre line of the former street, lane, or right-of-way. e. Where any zone boundary is left uncertain after the application of the provisions of this Section, the boundary will be determined by the Corporation's Director of Planning Services by scale. Where a measurement falls with in a zone boundary line on any map, the measurement must be taken to be the middle of the width of the zone boundary line as shown on the relevant map. f. Where the Holding zone boundary is located on a lot, it is deemed to be a lot line for the purposes of this By-law. 16.17 Definitions Wherever a term appears in the text of this By-law in bold letters, the term is intended to have the meaning set out for it in Section 14. Wherever a term appears in the text of this By-law in regular font, it is intended to have the meaning ordinarily attributed to it in the English language. When a verb is defined, the definition applies to all tenses of the verb. SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES 174 | CITY OF THUNDER BAY ZONING BY-LAW SECTION 17: ENFORCEMENT & PENALTIES SECTION 16: INTERPRETATION, CLASSIFICATION, AND LIMITS OF ZONES SECTION 17 ENFORCEMENT & PENALTIES 17.1 Enforcement 177 17.2 Offences relating to use 177 17.3 Offences relating to change of use 177 17.4 Offences relating to regulations 177 17.5 Offences relating to interference 177 17.6 Penalty provisions 177 CITY OF THUNDER BAY ZONING BY-LAW | 177 SECTION 17: ENFORCEMENT AND PENALTIES 17.1 Enforcement This By-law may be enforced by any Municipal Law Enforcement Officer. 17.2 Offences relating to use Use of any land, building or structure within a zone for a use that is not permitted within that zone is prohibited. 17.3 Offences relating to change of use Any change of use on any land, or within any building or structure, without first obtaining a certificate of occupancy from the Corporation's Chief Building Official authorizing the change of use is prohibited. 17.4 Offences relating to regulations Undertaking a permitted use on any land within any zone where the use, or the locations of buildings or structures, on the land contravene the regulations applicable to the zone within which the land exists is prohibited. 17.5 Offences relating to interference Interfering with a Municipal Law Enforcement Officer who is lawfully conducting an investigation into an allegation that the provisions of this By-law are being contravened is prohibited. 17.6 Penalty provisions Any person convicted of an offence under this By-law is subject to the penalties prescribed in Section 67 of the Planning Act. SECTION 17: ENFORCEMENT & PENALTIES PLANNING SERVICES CITY OF THUNDER BAY 2ND FLOOR, VICTORIAVILLE CIVIC CENTRE P.O. BOX 800 111 SYNDICATE AVENUE SOUTH THUNDER BAY, ONTARIO P7C 5K4 TEL: (807) 625-2216 THUNDERBAY.CA/PLANNING