Zoning By-Law No. 2011-7100 (consolidated with amendments)
Timmins, Ontario
· adopted 2011-06-20
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AMENDED BY
CITY OF TIMMINS
BY-LAW
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BY- LAW NO. 2011- 7100
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BEING A BY- LAW to regulate the use of land and the character, location and use of buildings
and structures in the City of Timmins
WHEREAS it is considered desirable to restrict, prohibit and regulate the use of lands, as are
hereinafter zoned, in order to implement the policies of the Official Plan;
AND WHEREAS this Zoning By-law conforms to the Official Plan for the City of Timmins;
NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following
as a By- law:
1.
THAT the Council of the Corporation of the City of Timmins in accordance with
Section 34 of the Planning Act, R. S.O. 1990, and amendments thereto, does
hereby enact Zoning By- law 2011- 7100 comprised of the attached text and map
schedules.
2.
THAT Zoning By- law 1977-850 and all amendments thereto shall be repealed;
3.
THAT in the event of any conflict between this By-law and any other By-law this
By-law shall prevail unless this By-law conflicts with Provincial Legislation.
4. THAT this By- law shall come into force and take effect on its date of passing
subject to the provisions of subsection 34(30) and ( 31) of the Planning Act in the
event a notice of appeal of this By- law is filed in accordance with subsection
34( 19) of the Planning Act.
READ a first, second and third time and finally passed this 20th day of June, 2011.
SGD) THOMAS B. LAUGHREN
MAYOR
CERTIFIED TRUE COPY
OF BY-LAW NO. 2011- 7100
SGD) R. J. WATSON
CLERK
CLERK
City of Timmins
By-law No. 2011 -7100
Zoning By-law Amendments
2012- 7179
2023-8814
2012- 7251
2023-8839
2012- 7252
2023-8886
2012- 7274
2023-8896
2012- 7281
2024-8948
2012- 7282
2024-8950
2013- 7321
2024-8984
2013- 7346
2024-8998
2013- 7349
2024-9024
2013- 7362
2024-8983
2013- 7378
2025- 9099
2013-7387
2025- 9134
2013- 7388
2025- 9150
2013- 7396
2025- 9151
2013- 7414
2025- 9174
2013- 7415
2025- 9196
2013- 7453
2025- 9238
2016- 7926
2026- 9272
2018- 8240
2026- 9350
2019- 8278
2026- 9351
2019- 8282
2026- 9371
2019- 8285
2026- 9372
2019- 8292
2026- 9383
2019- 8315
2019- 8377
2020- 8405
2020- 8429
2020- 8473
2020- 8489
2020- 8490
2020- 8491
2021- 8527
2021- 8591
2021- 8592
2021- 8610
2022- 8677
2022- 8712
2022- 8713
2022- 8714
2022- 8754
2022- 8755
2022-8767
2022-8769
2023-8790
Zoning By-law 2011-7100
June 20th, 2011
Prepared by
Tunnock Consultants Ltd.
www.tu n nockconsu lti ng.ca
and the
City of Timmins Planning Division
www.timmins. ca
CITY OF TIMMINS
BY-LAW NO. 2011- 7100
BEING A BY-LAW to regulate the use of land and the character, location and use of buildings
and structures in the City of Timmins
WHEREAS it is considered desirable to restrict, prohibit and regulate the use of lands, as are
hereinafter zoned, in order to implement the policies of the Official Plan;
AND WHEREAS this Zoning By- law conforms to the Official Plan for the City of Timmins;
NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following
as a By- law:
1.
THAT the Council of the Corporation of the City of Timmins in accordance with
Section 34 of the Planning Act, R. S.O. 1990, and amendments thereto, does
hereby enact Zoning By- law 2011- 7100 comprised of the attached text and map
schedules.
2.
THAT Zoning By- law 1977-850 and all amendments thereto shall be repealed;
3.
THAT in the event of any conflict between this By-law and any other By- law this
By- law shall prevail unless this By- law conflicts with Provincial Legislation.
4.
THAT this By- law shall come into force and take effect on its date of passing
subject to the provisions of subsection 34( 30) and ( 31) of the Planning Act in the
event a notice of appeal of this By- law is filed in accordance with subsection
34( 19) of the Planning Act.
READ a first, second and third time and finally passed this 20th day of June, 2011.
SGD) THOMAS B. LAUGHREN
MAYOR
CERTIFIED TRUE COPY
OF BY- LAW NO. 2011- 7100 (
SGD) R. J. WATSON
CLERK
CLERK
CITY OF TIMMINS
ZONING BY-LAW
Section - Page
How to Use this Zoning By-1aw...............................................................................
a -- i
ZoningClassification................................................................................................
b - i
Section 1
Administration....................................................................................
1 -
1
1.
1
Title and Scope................................................................................................
1
1
1. 2
Applications and Plans....................................................................................
1
1
1. 3
Certificate of Occupancy.................................................................................
1
1
1. 4
Defined Area....................................................................................................
1
2
1. 5
Enforcement....................................................................................................
1
2
1. 6
Inspection of Land, Buildings and Structures...................................................
1
2
1. 7
Penalty............................................................................................................
1
2
1. 8
Repeal and Relationship to Former By- laws....................................................
1
3
1. 9
Validity.............................................................................................................
1
3
1. 10 Conflict............................................................................................................
1
3
1. 11 Interpretation...................................................................................................
1
3
1. 12 Effective Date..................................................................................................
1
5
Section 2
Administration....................................................................................
2 - 1
2. 1
Statements......................................................................................................
2 - 1
2. 2
Committee of Adjustment................................................................................
2 - 1
Section 3
Definitions...........................................................................................
3 - 1
Section 4
General Provisions.............................................................................
4 - 1
4. 1
Accessory Buildings, Structures and Uses ......................................................
4 - 1
4. 2
Automotive Service Station, Automotive Washing Establishment, Gasoline
Bar or Gasoline Card Lock Facility..................................................................
4 - 3
4. 3
Bed and Breakfast Establishment....................................................................
4 - 6
4. 4
Buildings to be Moved.....................................................................................
4 - 6
4. 5
Change of Use.................................................................................................
4 - 7
4. 6
Converted Dwellings and Basement Apartments ............................................ 4 - 7
4. 7
Cumulative Standards.....................................................................................
4 - 7
4. 8
Dwelling Unit in a Non -Residential Building or on a Non -Residential Lot ........ 4 - 8
4. 9
Established Building Line................................................................................
4 - 8
TOC -
i
4. 10 Fences.............................................................................................................
4
9
4. 11 Flood Plain.......................................................................................................
4
9
4. 12 Frontage on a Highway, Street or Road or Private Road and Exemptions .... 4-
11
5 -
2
4. 13 Garden Suites................................................................................................
4-
12
5 -
2
4. 14 Group Homes................................................................................................
4-
13
5 -
3
4. 15 Height Exceptions..........................................................................................
4-
13
5 -
3
4. 16 Holding Zones...............................................................................................
4-
14
5 -
4
4. 17 Home Based Businesses..............................................................................
4-
14
4. 18 Illumination....................................................................................................
4-
18
5 -
1
4. 19 Keeping of Animals........................................................................................
4-
18
5 -
2
4. 20 Kennels.........................................................................................................
4-
18
5 -
2
4. 21 Land Suitability For Use and Contaminated Lands and Brownfields ............. 4-
19
5 -
2
4. 22 Landscaping..................................................................................................
4-
19
5 -
3
4. 23 Licenses, Permits and Other By- laws............................................................
4-
21
5 -
3
4. 24 Loading Space Requirements.......................................................................
4-
21
5 -
4
4. 25 Mine Hazard..................................................................................................
4-
24
4. 26 Minimum Separation Distances.....................................................................
4-
24
4. 27 Natural Heritage Features and Areas............................................................ 4-
29
4. 28 Non -Conforming and Non -Complying Uses ...................................................
4-
29
4. 29 Occupancy Restrictions.................................................................................
4-
32
4. 30 Outside Storage, Sales and Display..............................................................
4-
32
4. 31 Parking and Storage of Vehicles...................................................................
4-
33
4. 32 Design of Parking Areas and Spaces............................................................
4-
35
4. 33 Schedule for Parking Requirements..............................................................
4-
41
4. 34 Permitted Projections....................................................................................
4-
43
4. 35 Prohibited Uses.............................................................................................
4-
44
4. 36 Public Uses Permitted...................................................................................
4-
44
4. 37 Sight Triangle................................................................................................
4-
45
4. 38 Signs.............................................................................................................
4-
46
4. 39 Streets and Parks..........................................................................................
4-
46
4. 40 Tent Structures..............................................................................................
4-
46
4. 41 Temporary Buildings or Structures During Construction ................................ 4-
47
4. 42 Water Supply and Sewage Disposal Services ............................................... 4-
48
4. 43 Water Intake Protection Zone........................................................................
4-
48
4. 44 Wind Turbines, Wind Farms and Alternative Energy Systems ...................... 4-
48
4. 45 Yards.............................................................................................................
4-
50
4. 46 Zones............................................................................................................
4-
51
Section 5
Administration....................................................................................
5 - 1
5. 1
Zone Classification..........................................................................................
5 -
1
5. 2
Use of Zone Symbols......................................................................................
5 -
2
5. 3
Holding " H" Designation..................................................................................
5 - 2
5. 4
Flood Fringe " F" Zones....................................................................................
5 - 2
5. 5
Water Intake Protection " IPZ" Zones...............................................................
5 - 3
5. 6
Interpretation of Zone Boundaries...................................................................
5 - 3
5. 7
Permitted Uses in Zones.................................................................................
5 - 4
TOC - ii
5. 8
Zone Requirements.........................................................................................
5 - 4
5. 9
Additional and General Provisions...................................................................
5 - 4
Section 6
Special Provisions..............................................................................
6 - 1
Section 7
Zoning Tables...................................................................................... 7- 1
Table A -- Permitted Residential Uses.....................................................................
7 - 1
Table B -- Permitted Non -Residential Uses.............................................................
7 - 2
Table C -- Residential Zone requirements.............................................................
7-
12
Table D -- Non- Residential Zone requirements..................................................... 7-
14
Zoning Schedules
Schedule 1 --
Schedule 2 --
Schedule 3 --
Schedule 4 --
Schedule 5 --
Schedule 6 --
Schedule 7 --
Schedule 8 --
Schedule 9 --
Schedule 10 --
Schedule 11 --
Schedule 12 --
Schedule 13 --
Schedule 14 --
Schedule 15 --
Schedule 16 --
Schedule 17 --
Schedule 18 --
City of Timmins
Part of Robb Township
Part of Evelyn Township
Part of Matheson and German Township
Part of German Township
Part of German Township
Part of Hoyle, Matheson, Whitney and Cody Townships
Part of Mountjoy and Tisdale Townships
Part of Mountjoy and Tisdale Townships
Part of Tisdale and Whitney Townships
Part of Whitney Township
Part of Mountjoy and Ogden Townships
Part of Mountjoy Township
Part of Mountjoy and Tisdale Townships
Part of Tisdale Township
Part of Moutjoy and Ogden Townships
Part of Mountjoy, Tisdale, Ogden and Deloro Townships
Part of Tisdale and Deloro Townships
TOC - iii
The Corporation of the City of Timmins
Zoning By-law
J0111 TO -
L
A
STEP 1-
LOCATE YOUR PROPERTY and DETERMINE THE ZONE
Use the zoning schedules ( maps) at the end of this By- law to locate the property you are
interested in. Identify the zone symbol that applies to that property. Examples include NA
R1, RD -RU, EA -CH.
STEP 2 - DETERMINE WHAT USES ARE PERMITTED IN THE ZONE
Use Table A or B to determine what uses are permitted in the Zone you have identified.
Table A lists the uses permitted in the Residential Zones and Table B lists the permitted
uses in the Non -Residential Zones. ( Note: Section 5. 1 of the text also identifies the name
of the zone that corresponds to a zone symbol.) The uses in Tables A and B are listed
alphabetically. Run your finger down the first column to find the use you are interested in,
and then across the row opposite that use. If there is an `X' in the column below the Zone
you have identified, then the use is a permitted use in that Zone. If there is no `X', the use
is not permitted in that Zone.
1
STEP 3 - DETERMINE WHAT ZONE REQUIREMENTS APPLY
Use Table C ( Residential Uses) or D ( Non -Residential Uses) to determine the Zone 7
standards that apply. Typical Zone standards include the minimum lot area, the minimum
frontage, the minimum setback from a lot line, the maximum height of a building etc. There
may also be other provisions that apply. Go to Section 5.9 in the text of the By- law and
examine this section to see if there are any `Additional or Special Provisions' that might
apply to the use of the property for residential, commercial, industrial, institutional or rural
uses.
Jr,
STEP 4 - DETERMINE IF ANY GENERAL PROVISIONS APPLY
Use Section 4 -- General Provisions to determine how a particular land use might be
affected. General Provisions can apply to any zone anywhere in the municipality. The
General Provisions are arranged alphabetically by subject matter. The General
Provisions section contains provisions that apply to such matters as Accessory Uses
4. 1),
Height Exceptions (4. 15), Home Based Businesses (4. 17), Landscaping (4.22),
Minimum Separation Distances ( 4.26), and Parking and Storage of Vehicles (4. 31). Use
this section to determine how a particular land use might be affected.
a - i
The Corporation of the City of Timmins
Zoning By-law
STEP 5 - CLARIFY THE MEANING OF A USE
Throughout the by- law words are shown in black italicized script. These words are
defined alphabetically in Section 3 -- Definitions. If you are unsure as to what a particular
word means or what the scope of a permitted use includes, then refer to a definition to help
you. This section also contains illustrations which are intended to help with understanding
the definition.
1
STEP 6 - EXCEPTIONS TO THE BY-LAW
Many of the amendments to the former Zoning By-law ( 1977-850) have been consolidated
into the new By -Law and are identified with a `SP6' number. If your property or an adjacent
property is identified with an `SP6' number, go to Section 6 to determine the permitted uses
and any special zone standards that apply to that property.
a - ii
The Corporation of the City of Timmins
Zoning By-law
For the purposes of zoning, the Municipality is divided into Zones which are
applicable to the City of Timmins. These zones are named and described in the
following sections, the boundaries of which are shown on the attached Zone
Schedules, herein referred to as a `zoning map', which forms part of this By- law.
These zones may be referred to by the name or the symbol set opposite the
name of the zone below:
Zone
Zone Symbol
1.
Neighbourhood Area Zones
Low Density Residential
Residential First Density..........................................................................
NA- R1
Residential Second Density....................................................................
NA -R2
Residential Third Density........................................................................
NA -R3
Medium Density Residential
Residential Medium Density 1..............................................................
NA- RM1
Residential Medium Density 2..............................................................
NA- RM2
Commercial
Neighbourhood Commercial...................................................................
NA -CN
Institutional
Institutional...............................................................................................
NA -IN
2. Employment Area Zones
Commercial
General Commercial..............................................................................
EA -CG
Highway Commercial.............................................................................
EA -CH
Resort Commercial................................................................................
EA -CR
Industrial
Light Industrial ( Class
1)............................................................................
EA -11
Medium Industrial ( Class II)......................................................................
EA -12
Heavy Industrial ( Class III).......................................................................
EA -13
Industrial Airpark...................................................................................
EA- IAP
Mining ( Class III).....................................................................................
EA -IM
SalvageYard..........................................................................................EA- ISY
Waste Management Facility............................................................... EA- IWMF
b - i
The Corporation of the City of Timmins
Zoning By-law
3. Resource Development Zones
Rural Residential
Residential Estate Type 1...................................................................
RD- RE1
Residential Estate Type 2....................................................................
RD- RE2
Waterfront Neighbourhood....................................................................
RD -WN
Mobile Home Park...............................................................................
RD -MHP
Rural
Rural......................................................................................................
RD -RU
OpenSpace...........................................................................................
RD -OS
HazardLands....................................................................................... RD- HAZ
Hazard Lands --Mine Tailings....................................................... RD- HAZ- MIN
Wetland...............................................................................................
RD -WET
Mineral Extraction..................................................................................
RD- MX
Wellhead Protection Area.................................................................
RD- WHPA
For further information on interpretation and other zones, such as but not limited to
Holding Zones " h" ( e. g. NA -R1 - h zone), Flood Fringe Zones "f" (e. g. RD -RU -f zone),
and Intake Protection Zones " IPZ1; IPZ2" go to Section 5 Zones.
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Explanatory Note
Section
1 identifies the administrative controls and
requirements of the By-law. It names the By-law, states its
relationship with other by-laws, defines the area to which it
applies, how it is to be enforced, etc. In essence, it identifies
the legal parameters within which the By-law is
administered.
1. 1
Title and Scope
This By- law shall be known as the Zoning By- law or By- law No. 2011- 7100 of the
Corporation of the City of Timmins.
1. 2
Applications and Plans
In addition to the requirements of any Building By- law, every application for a
building permit shall be accompanied by a plan, drawn to scale and showing the
following:
1.
The true dimensions and/ or legal description of the lot to be built upon or
otherwise used;
2.
The location of all existing buildings or structures on the lot, including the lot
area, lot coverage of existing and proposed structures;
3.
The proposed location, height and dimensions of any building, structure or
use proposed for such lot;
4. The proposed location, height and dimensions of yards, landscaping, parking
areas and loading spaces required by this By- law;
5.
A statement, signed by the owner disclosing the exact use of all existing and
proposed uses of land, buildings or structures and such other information as
may be required to determine whether the uses conform with the
requirements of this By- law.
1. 3
Certificate of Occupancy
No change may be made in the type of use of any lot covered by this By- law or of
any building or structure on any such lot or of any part of such lot, building or
structure, until a Certificate of Occupancy has been issued by the Corporation to
the effect that the proposed use complies with this By- law or a final inspection
has been carried out by the Chief Building Official.
Section
1 -
1
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
1. 4
Defined Area
The provisions of this By- law shall apply to all lands within the municipal
boundaries of the Corporation of the City of Timmins.
1. 5
Enforcement
This By- law shall be enforced by the By- law Enforcement Officer or such other
person as may from time to time be designated by Council, and no permit for the
use of land or for the erection or use of any building or structure or approval of an
application for any municipal license within the jurisdiction of the Council shall be
issued or given notice where the proposed building, structure or use would be a
violation of any provision of this By- law.
1. 6
Inspection of Land, Buildings and Structures
1.
Subject to Section 49 of the Planning Act, 1990, where an officer believes on
reasonable grounds that a by- law passed under Section 34 or 38 of the
Planning Act is being contravened, the officer or any person acting under his
or her instructions, may at all reasonable times, and upon producing proper
identification, enter and inspect any property on or in respect of which he or
she believes the contravention is occurring.
2.
Except under the authority of a search warrant issued under Section 49. 1 of
the Planning Act, an officer or any person acting under his or her instructions
shall not enter any room or place actually used as a dwelling without
requesting and obtaining the consent of the occupier, first having informed
the occupier that the right of entry may be refused and entry made only under
the authority of a search warrant.
3.
No person shall obstruct or attempt to obstruct an officer or person acting
under the officer' s instructions in the exercise of a power under this Section.
For the purposes of this by- law, reasonable hours shall mean between 8: 00
a. m. and 9:00 p. m. local time.
1. 7
Penalty
1.
Every person who violates any of the provisions of this By- law is guilty of an
offence and upon conviction thereof shall forfeit and pay a penalty not
exceeding twenty-five thousand dollars ($ 25,000.00), on a first conviction,
and ten thousand dollars ($ 10, 000. 00) on a subsequent conviction for each
day or part thereof upon which the contravention has continued after the day
of the first conviction. ( Section 67 of the Planning Act.)
Section
1 -
2
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
2.
Where a corporation is convicted under Section 67( 1) of the Planning Act, the
maximum penalty that may be imposed is fifty thousand dollars ($ 50,000. 00)
on a first conviction and twenty five thousand dollars ($ 25,000.00) on a
subsequent conviction for each day or part thereof upon which the
contravention has continued after the day of the first conviction.
3.
In the case where any building or structure is erected or altered, or any part
thereof is used, or any lot is used, in contravention of any of the requirements
of this By- law, such contravention may be restrained by action at the instance
of any ratepayer or of the Corporation pursuant to the provisions of the
Municipal Act or the Planning Act in that behalf.
1. 8
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By- law, any By- law passed prior
to the passage of this by- law under Section 34 of the Planning Act or its
predecessor, is hereby repealed.
The adoption of this By- law shall not prevent any pending or future prosecution
of, or action to abate any existing violation of the said By- laws if the violation is
also a violation of any of the provisions of this By- law.
The provisions of Section 6 of this By-law include amendments to By-law 1977-
850 which have been carried forward to this By-law as the site specific provisions
of the previous By-laws are still considered applicable to the development of the
lands. Although depicted as a site specific zoning in this By-law, reference may
be made to previous amendments where appropriate.)
1. 9
Validity
Should any Section or part of a Section of this By- law or Schedule hereto be
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the provisions of this By- law as a whole or any part thereof other than the
part declared to be invalid.
1. 10
Conflict
In the event of conflict between this By- law and amendments thereto, and any
general or special By- law, the most restrictive By- law shall prevail.
1. 11
Interpretation
1.
Legislation Act
The Legislation Act, S. O. 2006 applies to this By- law.
Section
1 -
3
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
2.
Definitions
Definitions are given in this By- law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By- law. They are
not to be used to avoid an obligation imposed by the By- law or any
requirement enacted in a substantive provision of the By- law.
3.
Citation
This By- law may be cited by its long title ("A By- law to Regulate the Use of
Land, Buildings and Structures within the Corporation of the City of
Timmins"), its short title ("City of Timmins Zoning By- law") or its by- law
number, and any such citation is to be taken as meaning the By-law as
amended.
4. Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one gender
includes the other.
5.
Singular and Plural
In this By- law, words in the singular include the plural, and words in the plural
include the singular.
6.
Mandatory Language
The word " shall" is mandatory.
The words " used" and " occupied" shall include the words " arranged" and
designed to be used or occupied" respectively.
7.
Present and Future
Words used in the present tense include the future.
8.
References
Appendices, diagrams, footnotes, explanatory notes, glossaries, and indices
do not form part of the By- law and are inserted for convenience of reference
only.
9.
Measurement Units
This By-law utilizes the metric system to establish measurements when such
measurements form part of a regulation or a requirement. Imperial
Section
1 -
4
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
equivalents are provided for the convenience of the reader and do not
constitute a legal part of this By- law.
1. 12
Effective Date
This By- law shall take effect from the date of passage thereof subject to the
requirements of the Planning Act.
Section
1 -
5
The Corporation of the City of Timmins
Explanatory Note
Zoning By-law 2011- 7100
This section establishes the authority and legitimacy of the By-
law. It is composed of three statements which set out the
requirements for compliance of all development to the By-law.
2. 1
Statements
1.
Land, building or structure shall be used and no building or structure shall be
erected or enlarged or placed for any purpose within the area defined by this
By- law, except as specifically, or by necessary implication, authorized by this
By- law and in conformity with all the applicable provisions of this By- law.
2. Subject to the granting of such minor variances as may be necessary, no
lands shall be severed from any existing lot if the effect of the land division is
to cause the original, adjoining, remaining lot or existing and/or proposed new
building, structure, lot or use of land to be in contravention of any provision of
this By- law.
3. Where a use does not take place within a building, but a regulation in this By-
law imposes a requirement premised on the use being in a building, the
requirement applies as though the actual area occupied by the use was in a
building.
2. 2
Committee of Adjustment
Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly
appointed Committee of Adjustment is authorized to grant relief to any provisions
of the Zoning By- law of the City of Timmins, by way of granting a minor variance
or by giving a permission for the enlargement or extension of a non -conforming
use or to permit a change of use to a similar or more compatible use or to
authorize a use that conforms with those permitted in the By- law, where the
uses of land, buildings or structures permitted by the By- law are defined in
general terms.
Section 2 -
1
The Corporation of the City of Timmins
Abut
Zoning By-law 2011- 7100
Means having a common border with, or being separated by a common border by a
right- of-way, alley or easement.
Access Driveway - see Driveway
Accessory Building
Means a detached building located on the same lot as the main building, the use of
which is incidental or secondary to that of the main building and is not used for
human habitation, except in the case of a garden suite. Examples of an accessory
building include a detached private garage, boat house, garden shed, storage
shed, gatehouse, information kiosk etc.
Accessory
Means a use of land, building or structure that is naturally and normally incidental,
subordinate and exclusively devoted to the main use of land, building or structure
and located on the same lot therewith.
Adult Entertainment Parlour
Means any premises or any part of them is an adult entertainment establishment if,
in the pursuance of a business, (a) goods, entertainment or services that are
designed to appeal to erotic or sexual appetites or inclinations are provided in the
premises or part of the premises, or (b) body -rubs, including the kneading,
manipulating, rubbing, massaging, touching or stimulating by any means of a
person' s body, are performed, offered or solicited in the premises or part of the
premises, but does not include premises or part of them where body rubs performed,
offered or solicited are for the purpose of medical or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed or registered to
do so under the laws of the Province of Ontario as defined in subsection 151 (
1) of
the Municipal Act. (See also Massage Establishment)
Adult Video Rental Establishment
Means an establishment where pre-recorded video tape, video disks, CD' s, DVD' s,
game cartridges, video cameras or video players/recorders are offered for rent or
rented as a principal or accessory business activity and/or includes the sale of
electronic home entertainment products, computer disks, software, CD- ROMS or
other computerized systems designed or advertised as designed to appeal to erotic
or sexual appetites or inclinations.
Section 3 -
1
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Adventure Game
Means an outdoor sport or recreation operated commercially in which participants
attempt to capture a flag or some other object and return it to their home base, and
may carry one or more of the following equipment: paint pellet pistols, paint pellets,
safety goggles to prevent pellets from striking participants' eyes, and armbands to
identify team participants.
Adverse effects
Means one or more of:
1.
Impairment of the quality of the natural environment for any use that can be
made of it;
2. Injury or damage to property or plant or animal life;
3. Harm or material discomfort to any person;
4. An adverse effect on the health of any person;
5. Impairment of the safety of any person;
6. Rendering any property or plant or animal life unfit for human use;
7. Loss of enjoyment of normal use of property; and
8. Interference with normal conduct of business. (Provincial Policy Statement)
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble,
granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline
syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the
Mining Act.
Agricultural Services
Means the use of land, structure or building for the purposes of buying and selling
commodities and services that are necessary to support agricultural operations
within the municipality but does not include any manufacturing, assembling,
processing, warehousing or construction uses.
Agricultural Use
Means the growing of crops, including nursery and horticultural crops; raising of
livestock; raising of other animals for food, fur or fibre, including poultry and fish;
aquaculture; apiaries; agro-forestry; maple syrup production; hunting preserves; and
associated on- farm buildings and structures where the size and nature of the
operation requires additional employment. (Provincial Policy Statement)
Section 3 -- 2
The Corporation of the City of Timmins
Agriculture -Related Uses
Zoning By-law 2011- 7100
Means those farm -related commercial and farm -related industrial uses that are small
scale and directly related to the farm operation and are required in close proximity to
the farm operation. ( Provincial Policy Statement)
Airfield, Private
Means land used for the purpose of landing, storing, taxiing or taking -off of private
aircraft and uses, buildings or structures accessory thereto, but shall not include a
commercial airport or airport governed by the Aeronautics Act.
Airport
Means the use of land licensed under the Aeronautics Act for the landing and take-
off of commercial and/or private aircraft and shall include any accessory buildings or
structures.
Alter
1.
When used in reference to a building, structure or part thereof, means one or
more of the following:
a. To change any one or more of the external dimensions of such building or to
change the structural components of a building such as a bearing wall,
partition, column, beam, girder or other supporting member;
b. To increase or change the area or cubic contents of a building or structure;
c. To change the type of construction of the exterior walls or roof of such
building or structures;
d. To change the use of such building or structure or the number or types of
uses or dwelling units contained therein.
2. When used in reference to a lot means one or more of the following:
a. To change the boundary of such lot with respect to a highway, street or
road or lane, whether such alteration is made by conveyance or alienation of
any portion of the lot;
b. To change any dimension or area, relating to such lot including the lot depth,
lot area, lot frontage;
c. To change a required zone standard, setback, required yard, landscaped
open space or parking area;
Section 3 -- 3
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
d. To change the use of such lot or the number of uses located thereon.
3. When used in reference to a shoreline means to change, straighten, divert or
interfere in any way with the channel of any water course.
The words "altered" and "alteration" shall have a corresponding meaning.
Alternative Energy Systems
Means sources of energy or energy conversion processes that significantly reduce
the amount of harmful emissions to the environment ( air, earth and water) when
compared to conventional energy systems ( Provincial Policy Statement). This can
include but not limited to bio -energy systems.
Amusement Arcade - see Place of Amusement
Apartment -in -a -House -- see Dwelling, Apartment -in -a -House
Arterial Road
Means roads which are designed to carry intra -urban and through movement of a
large volume of traffic operating at high speeds and which provides limited access to
adjacent properties.
Artisan Shop or Studio - see Studio
Asphalt Manufacturing Plant
Means an industrial facility used for the production of asphalt for immediate use in
the paving of roads and driveways and the damp -proofing of buildings or structures.
See also Portable Asphalt/Concrete Plant)
Assembly Hall - see Place of Assembly
Animal Hospital - see Veterinary Establishment
Animal Shelter
Means a use, building or structure or part thereof used for the care of lost,
abandoned, abused or neglected animals.
Attached
Means a building otherwise complete in itself which depends for structural support,
or complete enclosure, upon a division wall or walls shared in common with an
adjacent building or buildings.
Section 3 - 4
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Attic
Means the space between the roof and the ceiling of the top storey or between a
dwarf wall and a sloping roof. (Ontario Building code)
Auction
Room
or
Auction
Barn
Means
a
building,
structure
or
premise
or
parts
thereof
used
for
the
storage
of
goods
or
materials
which
are
to
be
sold
on
the
premise
by
public
auction.
An
auction
barn
shall
be
included
within
this
definition.
Auditorium -
see
Place
of
Assembly
Auto
Body
Shop
Means
a
building
with
a
service
bay,
where
painting,
refinishing,
restoration
or
repairs
to
the
coach
works
of
motor
vehicles
are
performed
for
gain
or
profit
and
may
include
a
towing
service.
Section
3 --
5
I
y
II
Auction
Room
or
Auction
Barn
Means
a
building,
structure
or
premise
or
parts
thereof
used
for
the
storage
of
goods
or
materials
which
are
to
be
sold
on
the
premise
by
public
auction.
An
auction
barn
shall
be
included
within
this
definition.
Auditorium -
see
Place
of
Assembly
Auto
Body
Shop
Means
a
building
with
a
service
bay,
where
painting,
refinishing,
restoration
or
repairs
to
the
coach
works
of
motor
vehicles
are
performed
for
gain
or
profit
and
may
include
a
towing
service.
Section
3 --
5
The Corporation of the City of Timmins
Auto Repair Garage
Zoning By-law 2011- 7100
Means a building having at least one ( 1) service bay used for the storage, repair
and servicing of motor vehicles for compensation and may include a towing service.
Examples of services include brakes, exhaust systems, radiators, electrical systems,
rust proofing, tires, computerized or electronic diagnostics.
Automotive Service Station
Means a place for supplying fuel, lubricants and accessories for motor vehicles,
recreational vehicles or sports equipment (e. g. snowmobiles, ATV' s, water craft) at
retail, direct to the consumer and having at least one ( 1) service bay where repairs
to the actual operation of motor vehicles, other than bodywork or painting may be
performed. Accessory uses may include the sale of motor vehicle or recreational
vehicle parts, food stuffs and convenience items. This definition does not include an
automotive washing establishment or salvage operation.
Automotive Car Wash - see Automotive Washing Establishment
Automotive Commercial Garage - see Auto Repair Garage
Automotive Gasoline Bar - see Gasoline Bar or Gasoline Card Lock Facility
Automotive Sales Establishment
Means a building and/ or lot used principally for the display and sale of new and/ or
used motor vehicles and may include the servicing, repair, cleaning, body repair and
repainting of motor vehicles, the sale of automotive accessories and related
products and the leasing or renting of motor vehicles, but shall not include any
other defined automotive uses.
Automotive Store
Means an establishment primarily engaged in the retail sale of vehicle parts,
accessories and tools. Accessory uses may include service bays for performing
maintenance repair operations on motor vehicles.
Automotive Washing Establishment
Means a building or structure or portion thereof used for the automated washing
and/or cleaning or vacuuming of motor vehicles and includes a self-service car
wash.
Section 3 - 6
The Corporation of the City of Timmins
Bakery
Zoning By-law 2011- 7100
Means a factory for producing, mixing, compounding or baking bread, biscuits, ice
cream cones, cakes, pies, buns or other bakery products but does not include a
restaurant or other premises where such products are made for consumption on the
premises or a bake shop.
Bake Shop
Means a shop where products of a bakery are sold or offered for sale by retail,
including incidental baking of products for retail sale on the premises only and may
include a restaurant.
Bank
Means a chartered bank, finance company office, co-op, trust company, loan
company or similar financial establishment.
Barrier -Free
Means that a building and its facilities can be approached, entered, and used by
persons with physical or sensory disabilities. (Ontario Building code) This definition shall
also apply to parking spaces for use by persons with physical or sensory
disabilities.
Basement
Means a storey or storeys of a building located below the first storey, which may
contain habitable space provided it is not located below the regulatory flood line.
Where the basement is located below the regulatory flood line no habitable space
shall be permitted in the basement.
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products,
used in building or construction and includes facilities for the administration or
management of the business, the stockpiling of bulk materials used in the production
process of finished products manufactured on the premises and the storage and
maintenance of required equipment.
Section 3 -- 7
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Bed and Breakfast Establishment
Means a building or portion thereof in which persons are received or lodged for hire
where such is intended for tourist accommodation but does not include a tourist
home, hotel or motel.
Berm
Means a landscaped mound of earth. ( See also Landscaping)
Bingo Hall
Means a building or premise or part thereof used for bingo or a bingo event and is
duly registered under the Gaming Control Act and is in compliance with municipal
by- laws and approvals. ( See also Place of Amusement)
Boarding House or Rooming House
Means any building or part thereof in which the proprietor resides and supplies for
commercial gain, to more than two ( 2) persons, exclusive of the lessee or owner
thereof or members of his household with or without meals excluding a hotel,
hospital, children' s home, home for the aged, nursing home or similar
establishment. This definition shall not apply to the boarding or rooming of five (5) or
less children from the Children' s Aid Society in any residential area to which this by-
law applies.
Boat House
Means a building or structure not exceeding 3.6 m [ 12 ft.] in height intended for use
to house, shelter or protect a boat or other form of water transportation.
Breezeway
Means a roofed enclosed passage connecting two or more buildings or the main wall
and a deck, where the deck is part of the main building.
Brownfield Site
Means undeveloped or previously developed properties that may be contaminated.
They are usually, but not exclusively, former industrial or commercial properties that
may be underutilized, derelict or vacant. (Provincial Policy Statement)
Buffer Strip
Means an area to be used for the purpose of screening land, buildings, land uses or
other structures by the planting and maintenance of trees or shrubs or by the
Section 3 -- 8
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
construction and maintenance of a berm or fence or a combination thereof, or a
compatible intervening use that serves the foregoing purpose. ( See illustration on
page 3 -- 10)
Building
Means any structure used or intended for sheltering any use or occupancy. The
word " building" shall include the whole of such structure or part thereof and shall
include any building types as regulated by the Ontario Building Code except a
sewage disposal system.
Building Line
Means a line in the interior of a lot drawn parallel to a lot line for the purpose of
establishing the minimum distance that must exist between a building or structure
erected on a lot and a lot line. (See illustration below)
Building Line
Section 3 - 9
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Building, Main
Means a building in which the principle use is conducted on the building lot on
which it is located.
Building Separation
Means the least horizontal distance permitted between two buildings on a lot
measured between their respective main walls.
Building, Temporary
Means a building or structure intended for removal or demolition within a prescribed
time or as determined under Section 8 of the Building Code Act.
Building Supply Store and Lumber Outlet
Means a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, air conditioning, home improvement and similar goods
are stored, displayed, or kept for retail sale.
Section 3 - 10
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Builder' s Yard -- see Construction Yard or Contractor's Yard
Business Office -- see Professional Office
Bulk Sales Establishments
Means the use of land, structure or building for the purpose of buying and selling
coal, fuel oil, wood, lumber, building materials, ice and allied commodities but does
not include any manufacturing, assembly or processing uses.
Bulk Fuel Storage
Means a place or premises for the bulk storage of petroleum products ( e.g. gasoline,
fuel oil), propane, ethanol or other flammable liquids or products and may include a
tank farm. This definition does not include the storage of nuclear or toxic wastes
e. g. PCBs). This definition does not apply to the incidental storage of a fuel or
propane tank on a residential property or to the retail sale of fuel or propane tanks or
containers incidental to a permitted commercial use.
Section 3 - 11
The Corporation of the City of Timmins
C
Call Centre
Zoning By-law 2011- 7100
Means a building or part thereof where quantities of incoming and/ or outgoing calls
are handled by people, telephones and computers which are related to customer
support, credit services, card services, inbound and outbound telemarketing,
interactive voice response and web -based or similar services.
Camp (Hunt Camp, Fishing Camp, Back Country Camp)
Means a building or structure having a floor area of up to 46.5 m2 [ 500 ft. 2], including
any liveable basement area, located in a rural area intended to provide basic shelter
and accommodation on a temporary basis for persons engaged in such activities as
hunting, fishing, snowmobiling, hiking or other similar forms of recreation but does
not include a seasonal dwelling.
Campground
Means an area of land, managed as a unit, providing recreational. accommodation
on a seasonal basis for tents, recreational vehicles or campers but shall not
include mobile homes, park model trailers or a mobile home park.
Camp Site
Means a plot of ground within a campground intended for temporary occupancy by
tents, recreational vehicles or similar transportable accommodation, and for which
a fee is normally charged.
Canopy
A roof construction or cantilevered roof, free of enclosing walls, over an entrance to
a building or a gasoline pump island.
Car Rental Agency - see Motor Vehicle Rental Establishment
Carport
Means a covered parking area the perimeter of which will remain at least 40%
unobstructed and for the purpose of this By- law shall be deemed an accessory
structure. ( See illustration on page 3 -- 13)
Car Wash -- see Automotive Washing Establishment
Section 3 - 12
The Corporation of the City of Timmins
Carport with back wall
enclosed and half wall
xtu
1
Zoning By-law 2011- 7100
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Casino
Means any place where games such as blackjack, roulette and approved forms of
wheel of fortune, video lottery terminals, slot machines, amusement machines are
played by the public and supervised by an organization licensed to carry out such a
function by the provincial gaming commission and in which accessory uses may
include an eating establishment, parking area and similar support facilities.
Catering Establishment
Means a commercial establishment in which food and/or beverages are prepared for
consumption off the premises.
Cellar
Means a storey or storeys of a building located below the first storey that is non -
habitable.
Cemetery
Means a cemetery within the meaning and as regulated by the Cemeteries Act and
may include a crematorium, mausoleum and columbarium.
Section 3 - 13
The Corporation of the City of Timmins
Chief Building Official
Zoning By-law 2011- 7100
Means an officer or employee of the Corporation of the City of Timmins charged with
the duty of enforcing the provisions of the Building Code Act.
Church - see Place of Worship
Clinic
Means a building used solely for the purpose of consultations, diagnosis and
treatment of patients, by two (2) or more legally qualified physicians, dentists,
optometrists, chiropodists, chiropractors or drugless practitioners, together with their
qualified assistants and without limiting the generality of the foregoing, the building
may include administrative offices, waiting rooms, laboratories, pharmacies or
dispensaries directly associated with the clinic, but shall not include accommodation
for in- patient care or operating rooms for major surgery. ( See also Wellness Centre)
Club or Clubhouse
Means a building or part of a building used as a meeting place by an association of
persons who are bona fide members, which owns, hires or leases the building or
part thereof, the use of such premises being restricted to members and their guests
for social, cultural, recreational, political, business, labour or athletic purposes.
Collector Street
Means a highway, street or road designed to collect and carry medium volumes of
traffic at moderate speeds and which distributes traffic to and from a highway,
street or road and provides access to abutting properties.
Commercial Entertainment Establishment
Means the use of land, building or structure for the purpose of buying and selling of
entertainment or recreational commodities and supplying of entertainment services
and facilities.
Commercial Parking Lot
Means an open area, other than a highway, street or road, used for the temporary
parking of two or more vehicles for profit or gain. ( See also Parking Area)
Commercial School - see Educational Institutions
Section 3 - 14
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Commercial Use
Means the use of land, building or structure for the purpose of buying and selling
commodities and supplying of services as distinguished from such uses as
manufacturing or assembling of goods, warehousing and construction.
Commercial Vehicle
Means a motor vehicle used for commercial purposes such as a truck, delivery or
service vehicle, ambulance, hearse, motor bus, tractors or back -hoe, the gross
vehicle weight of any of which exceeds than 9,072 kg GVWR ( Gross Vehicle Weight
Ratio) [20,000 lbs.] or as otherwise defined in the Highway Commercial Act.
Communications Facility
Means a structure which transmits, receives and/ or relays communications such as
a microwave relay tower, significant antenna, telephone or telegraph line, cellular
telephone tower, radio or television broadcast tower or similar structure.
Community Centre
Means a building, structure, outdoor area or part thereof, operated by or on behalf of
a public authority for the provision of community activities, such as, but not limited to,
recreation, athletics, arts, crafts, museums, social, leisure and charitable activities.
Computer/Data Centre
Means a premise used for computer programming and data processing.
Concrete Manufacturing Plant
Means an industrial facility used for the production of concrete for immediate use in
the construction of buildings, structures, roads or driveways. The definition also
means the manufacturing of finished concrete products and may include the retail
sale of such products.
Confectionary Store -- see Convenience Retail Store
Condominium
Means a part of a building or property designated as a unit by the description which
is held in separate ownership and all the property except the units used in common,
which is administered and maintained by a corporation under The Condominium Act.
Section 3 - 15
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Conservation Use
Shall mean the use of lands which are intended to remain open in character with the
priority use given to preservation of their ecological uniqueness, wildlife production
and their natural features and may include non- commercial recreational facilities
only if conservation of the resource is not jeopardized.
Construct
Means to build, construct, reconstruct, materially alter, enlarge, extend, erect, install
and relocate and without limiting the generality of the foregoing is taken to include
any associated physical operation such as excavating, grading, structurally altering
any existing building or structure by an addition, deletion enlargement and area
building and includes the installation of a building unit fabricated, or moved from
elsewhere.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage
and maintenance of equipment used by the contractor or company, and may include
facilities for the administration or management of the business and the stockpiling or
storage of supplies used in the business, but does not include the crushing of
aggregates or materials nor the wholesale or retail sale of building supplies or home
improvement supplies or a Building Supply Store and Lumber Outlet.
Convenience Retail Store
Means a retail store serving the daily or occasional needs of the residents with a
variety of goods such as groceries, meats, beverages, dairy products, tobacco
products, candies, magazines, newspapers, lottery tickets, video rentals and patent
medicines and having a floor area of not more than 225 m2 [ 2,421. 9 ft. 2].
Cottage -- see Dwelling, Seasonal
Courtyard
Means a landscaped outdoor living space surrounded by walls or fences.
Custom Workshop
Means a building, structure or part thereof where manufacturing in small quantities is
performed by a trades person, craftsperson or guild requiring manual or mechanical
skills and may include a carpenter' s shop, upholsterer, tailor, a locksmith' s shop, a
gunsmith' s shop, or similar uses but shall not include factory production or a factory.
Section 3 - 16
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Council
Means the Council of the Corporation of the City of Timmins.
Coverage
Means that percentage of land or lot area covered by buildings and structures above
ground level and excludes that portion of such land or lot area which is occupied by
a building or portion thereof which is completely below ground level.
Section 3 - 17
The Corporation of the City of Timmins
Day Nursery, Licensed
Zoning By-law 2011- 7100
Means a place wherein the temporary care of children is provided in facilities and by
staff licensed by the Province of Ontario and operated in accordance with the
provisions of the Day Nurseries Act.
Deck
Means a structure abutting a dwelling or building with no roof or walls except for
visual partitions and railings which are constructed on piers or a foundation above
the average finished grade for use as an outdoor living area.
Detached
When used in reference to a building, means a building which is not dependent on
any other building for structural support or enclosure.
Dock
Means an accessory structure used for the mooring of marine vessels which is
secured to the shoreline and/ or the bottom of the water body by concrete, metal or
wood pillars or such other foundation, the design of which facilitates the construction
of a more or less permanent structure.
Driveway
Means a vehicular access connected to a highway, street or road, lane or private
road or thoroughfare, which provides ingress to and/ or egress from a lot and may
include a shared driveway, but shall not include a lane as defined herein.
Driveway, Circular
Means a driveway having two access points to a highway, street or road.
Dry Cleaning Establishment
Means a building used for the purpose of dry cleaning, dry dyeing, cleaning, minor
repairs or pressing articles of clothing or goods of fabric and may include the
receiving and distribution of such articles of clothing or goods of fabric.
Section 3 - 18
The Corporation of the City of Timmins
Drive -Through Facility
Zoning By-law 2011- 7100
Means the use of land, buildings or structures, or parts thereof, to provide or
dispense products or services, either wholly or in part, through an attendant or a
window or an automated machine, to customers remaining in a motor vehicle that
are in a designated stacking lane. A drive-through facility may be used in
combination with other uses such as a laundromat, dry cleaning establishment,
gasoline bar, branch of a bank or financial institution, restaurant, retail store,
automobile service station or drive through restaurant service. A drive through
facility does not include an automotive washing establishment.
Driving Range
Means an open air recreation facility where the sport of golf is practised from
individual tees and which may include accessory structures to house the tees such
as a kiosk for golf balls or golf club rentals.
Drive-in Theatre
Means a lot which is used commercially for the purpose of showing movies which
are viewed by patrons from the confines of a motor vehicle. A drive- in theatre also
includes accessory uses and structures such as a snack bar, projector building, and
a ticket office.
Dump -- see Waste Management Facility
Dwelling
Means a building or similar structure, occupied or capable of being occupied as a
home, residence or sleeping place by one or more persons, but does not include a
hotel, boarding or rooming house, motel or institutions.
Dwelling, Accessory
Means a dwelling which is incidental, subordinate and exclusively devoted to a main
use, building or structure and is located on the same lot therewith.
Dwelling Unit, Accessory
Means a dwelling unit which is part of and accessory to a permitted non- residential
building.
Section 3 - 19
The Corporation of the City of Timmins
Dwelling Unit Area
Zoning By-law 2011- 7100
Means the aggregate of the floor area of all habitable rooms, hallways and lobbies
within a dwelling unit, excluding the thickness of any exterior walls.
Dwelling, Apartment
Means a building, except a row house, consisting of more than four (4) dwelling
units.
Dwelling, Apartment -in -a -House
Means an ancillary dwelling unit in a single detached dwelling that may have an
internal shared entrance or an independent entrance.
Converted Dwelling
Triplex Dwelling
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Dwelling, Converted
Means a single detached dwelling which has been or is converted so as to provide
therein more than one dwelling unit.
Dwelling, Duplex
Means a building that is divided horizontally into two dwelling units, each of which
has an independent entrance.
Section 3 - 20
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Dwelling, Four-Plex
Means a building containing four (4) dwelling units.
Dwelling, Multiple
Means all dwellings other than single detached dwellings.
Single Detached
Semi-detached
Duplex
Row or Townhouse
Dwelling
Dwelling
Dwelling
Dwelling
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with
CAN/ CSA-Z241 Series M " Park Model Trailer, as set out in the Building Code, and is
used or intended to be used for seasonal accommodation.
Dwelling, Row or Townhouse
Means a building that is divided vertically into three or more dwelling units each of
which has an independent direct entrance.
Section 3 - 21
The Corporation of the City of Timmins
Dwelling, Seasonal
Zoning By-law 2011- 7100
Means a cottage or single detached dwelling having a minimum floor area of
46.45 square metres [500 square feet] constructed as a secondary place of
residence on a seasonal basis and is not the principal place of residence of the
owner or occupier thereof.
Dwelling, Semi -Detached
Means a building on a single foundation that is divided vertically into two dwelling
units, each of which has an independent entrance, and above grade may be either
physically separated by a minimum separation of one and two-tenths [ 1. 2 m/ 3. 9 ft.]
or separated by a common wall.
Dwelling, Single Detached
Means a completely detached building containing only one dwelling unit.
Dwelling, Split -Level
Means a dwelling in which the first floor above average finished grade is so
constructed as to create two or more different levels, the vertical distance between
such level being always less than the full storey and for the purposes of this By- law,
a split level dwelling shall be considered as a one storey dwelling.
Dwelling, Triplex
Means a building that is divided into three (3) dwelling units of which not more than
two dwelling units are on the ground floor and each of which has an independent
entrance.
Dwelling Unit
Means one or more habitable rooms designed or intended as an independent and
separate household unit in which separate kitchen and sanitary facilities are
provided for the exclusive use of such individual, household with a private entrance
from outside of the building or from a common hallway or stairway inside of the
building.
Section 3 - 22
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section
3 -
23
Apartment
Mobile Home,
Dwelling
Converted
Triplex
Double -wide
Dwelling
Dwelling
Dwelling
Recreational
WJ
Vehicle
EDE
ED
M
M
ED
M ®
1'
t
M ---
M
M
Section
3 -
23
The Corporation of the City of Timmins
E
Easement
Zoning By-law 2011- 7100
Means the legal right acquired by contract to pass over, along, upon or under the
lands of another and includes a right-of-way.
Eating Establishment - see Restaurant
Educational Institutions
Means a public educational establishment operated by a School Board as defined by
the Ministry of Education or the Ministry of Training, Colleges and Universities or a
private school as licensed or permitted by the Province of Ontario.
Enforcement Officer
Means a police officer or a municipal law enforcement officer as designated by the
City of Timmins Council.
Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or
horse riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of
machinery, equipment, furniture and fixtures and other goods.
Established Building Line ( Urban Area)
Means the average setback from the street line of at least three adjacent existing
buildings on the same side of a street. This definition shall apply only to the urban
areas of the City of Timmins. ( See illustration on page 3 -- 25)
Established Grade -- see Grade, Established
Excavation
Means the space created by the removal of soil, rock or fill for the purposes of
construction. (Ontario Building Code)
Section 3 -- 24
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Existing
Means existing as of the date of the passing of this By- law by Council.
Section 3 - 25
The Corporation of the City of Timmins
F
Factory Outlet
Zoning By-law 2011- 7100
Means a building or part of a building where the products manufactured by the
industry are kept for wholesale or retail sale and shall not exceed fifteen percent of
the gross floor area of the building or portion of the building within which a permitted
industrial use is located.
Farm
Means land or buildings used for an agricultural use and may include a single
detached dwelling, a secondary use or other accessory buildings structures or
uses. ( See also Agricultural Use)
Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
Fence
Means any barrier of posts, wood, wire or brick or other similar materials or
combination of such materials which
screening, safeguarding or enclosing
First Storey
is constructed for the purpose of delineating,
Means the storey that has its floor closest to grade and its ceiling ( i. e. underside of
floor joist) more than
1. 8 m above averaged finished grade.
Fish Camp -- see Camp
Flea Market
Means a building, structure or open space area where stalls or sales areas are
leased, rented or otherwise are provided for the sale of articles that are either
homemade, handcrafted, old, second hand, antique or obsolete and may include a
limited range of new products, merchandises or wares, fresh produce or preserves,
but does not include a factory outlet or shopping center or retail outlet.
Flood Fringe
Means the outer portion of the flood plain between the floodway and the flooding
hazard limit. Depths and velocities of flooding are generally less severe in the flood
Section 3 - 26
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
fringe than those experienced in the floodway. (Provincial Policy Statement) ( See
illustration on page 3 -- 28)
Flood Fringe Zone(s)
Means those lands:
1.
On the Mattagami River which are located between the regulatory flood fringe
line established by a flow of 22,750 c.f.s. at Sandy Falls and the line established by
a flow of 28,500 c.f.s. at Sandy Falls and where such flood fringe zones exist and
are denoted by the symbol (f) on the zoning schedules.
2. On Kraft Creek and the Mountjoy River which are located between the regulatory
flood fringe line produced by projecting the back-up from the Mattagami River
resulting from a flood produced by a flow of 22,750 c.f.s. at Sandy Falls and the
line established by the Timmins regional storm.
Flood Plain
Means the area, usually low lands adjoining a watercourse, which has been or may
be subject to flooding hazards (Provincial Policy Statement) and as defined by the
regulatory flood line.
Floodway
Means the portion of the flood plain where development and site alteration would
cause a danger to public health and safety or property damage. Where the one zone
concept is applied, the floodway is the entire contiguous flood plain. Where the two
zone concept is applied, the floodway is the contiguous inner portion of the flood
plain representing the area required for the safe passage of the flood flow and/ or
that area where flood depths and/ or velocities are considered to be such that they
pose a potential threat to life and/ or property damage. Where the two zone concept
applies, the outer portion of the flood plain is called the flood fringe. (Provincial Policy
Statement)
Flooding Hazard
Means the inundation of areas adjacent to a shoreline or a river or stream system
and not ordinarily covered by water and is described as the one hundred year flood
or major storm such as the Timmins Storm ( 1961) transposed over a specific
watershed and combined with local conditions, where evidence suggests that the
storm event could have potentially occurred over watersheds in the general area.
Provincial Policy Statement)
Section 3 -- 27
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
ILLUSTRATION OF FLOOD TERMS
100 Year Floor Elevation
7,
4,.-
0\
i
ow
Tluk)
Watercourses
I
od Frinone
F
od Rxin
e
Moodplain
Floor Area
Means the sum of the areas of all floors of a building measured between the external
faces of exterior wall excluding basements, cellars, attics, garages, porches or
verandas, or other similar appurtenant structures. ( See illustration on page 3 -- 29).
Floor Area, Commercial
Means the sum of the areas of all floors of a building or part thereof used for
commercial purposes measured between the internal faces of the exterior walls,
excluding the furnace room, laundry room, or washroom, stairwell or elevator shaft, or
any area designed or used permanently for storage space. Commercial floor area
excludes any outdoor unenclosed or fenced area used for the display or storage of
goods or merchandise such as a garden centre.
Floor Area Ratio/ Floor Space Index
Means a mathematical expression calculated by dividing the total floor area of a
building by the area of the lot on which it is located:
Floor Area =
Floor Area Ratio/Floor Space Index
Lot Area
Section 3 - 28
The Corporation of the City of Timmins
Floor Area
Floor Area = Length of Building x
Width of Building (from exterior
faces of exterior walls) -
A
Forestry Use
Zoning By-law 2011- 7100
Length ._ . '
Width
Means the general raising and harvesting of wood and without limiting the generality
of the foregoing shall include the raising and cutting of fuel wood, pulpwood, lumber,
Christmas trees, other forest products and related activities such as storage of raw
materials or products related to forestry, trucks and equipment.
Frontage -- see Lot, Frontage
Fuel Storage Tank -- see Bulk Fuel Storage
Funeral Home
Means a building or part of a building wherein undertaking services are offered and
may include subsidiary activities such as the sale of caskets and funeral
accessories, memorial services, crematorium, provided such activities are clearly
secondary and incidental to the main undertaking service.
Section 3 - 29
The Corporation of the City of Timmins
G
Garage, Private
Zoning By-law 2011- 7100
Means an accessory building or a portion of the main building which is designed or
used for the storage of one or more private vehicles and the storage of household
equipment incidental and subordinate to residential occupancy and in which no
business, occupation, or service is conducted for profit.
Garage, Private
Accessory Building
Garage, Private
Attached
Garage Sale
Means the occasional or infrequent sale
i. e. one or two days annually, of household
goods, clothing, furniture, tools, recreational equipment or other second hand
articles or sundry items, usually by the householder on an individual property, but
may include a joint sale by neighbours on the same highway, street or road or a
joint sale at a school, place of worship or other location generally on behalf of a
charitable cause. ( See also Flea Market)
Section 3 - 30
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment,
products and planting materials and may include a storage and sales building, a
greenhouse and a nursery.
Garden Suite
Means a one -unit, detached residential structure containing bathroom and kitchen
facilities that is ancillary/accessory to an existing residential structure and that is
designed to be portable. (Punning Act)
Gasoline Bar
Means a place that retails automotive fuel along with small amounts of other
automotive -related products such as pre- packaged motor oils or windshield washer,
antifreeze, and may include the accessory sale of convenience items or food.
Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel
fuel using pumps which are operated automatically by credit or debit cards.
Gazebo
Means a freestanding, roofed accessory structure which is unenclosed, except for
screening or glass and which is utilized for recreation or ornamental purposes.
General Manufacturing Industries
Means the use of land, building or structure designed for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing,
treating, altering, repairing, warehousing, or storing or adapting for sale of any goods,
substance, article or thing, including the storage of building and construction
equipment and materials, but not including any obnoxious industry, mine, pit, quarry.
General Office
Means any building or part of a building in which one or more persons are employed
in the management, direction or conducting of an agency, business brokerage, labour
or fraternal organization, but excludes such uses as retail sale, manufacture, places of
assembly and amusement. ( See also Professional Office)
Section 3 - 31
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Golf Course
Means a public or private area operated for the purpose of playing golf including a par
3 golf course, a driving range, a club house and may include ancillary restaurant,
entertainment and meeting facilities but does not include a miniature golf course.
Golf Driving Range -- see Driving Range
Grade, Average Finished
Means with reference to a building the average elevation of the finished surface of the
ground on all sides of the building and when used with reference to a structure means
the average elevation of the finished grade of the ground immediately surrounding
such structure, exclusive in both cases of any artificial embankment or entrenchment
and when used with reference to a highway, street or road means the elevation of
the highway, street or road established by the Municipality or other designated
authority.
Finished Grade
Average Elevation = --
Established Grade
112
112
Granny Flat - see Garden Suite
Section 3 - 32
The Corporation of the City of Timmins
Gross Leasable Area (GLA)
Zoning By-law 2011- 7100
Means that portion of the total floor area of a building or structure designed and
devoted to tenant occupancy but excludes common areas, public rest room facilities,
walkways, stairwells, mezzanines and public malls, administrative offices and
common utility rooms, loading and service areas and joint service facilities.
Group Home
Means a dwelling unit providing specialized or group accommodation for persons
living as a single housekeeping unit under appropriate supervision. The maximum
number of residents in a group home shall be restricted to eight ( 8) residents
excluding staff. The group home shall be licensed, approved or supervised by the
Province of Ontario under any general or specialized act.
Guest Cabin -- see Sleep Cabin
Section 3 - 33
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Habitable Room/Space or Non -habitable Room/Space
Means a room designed for living, sleeping, eating or food preparation, but not
including bathrooms, closets, halls storage rooms, utility and similar spaces.
Hazardous Substances
Means substances which, individually, or in combination with other substances, are
normally considered to pose a danger to public health, safety and the environment.
These substances generally include a wide array of materials that are toxic, ignitable,
corrosive, reactive, radioactive or pathological.
Health Institutions
Means a licensed establishment which provides health care services and without
limiting the foregoing includes a hospital, clinic, laboratory or health care facility.
Heavy Industry (Class 3) --see Class III Industry - Heavy Industrial
Height
Means the vertical distance of a building measured between the average finished
grade and one or more of the following:
1.
The highest point of the roof surface of a flat roof;
2. The deck line of a mansard roof or barn;
3. The mean level between the top edge of a double plate and the ridge of a gabled,
hip, gambrel, or other type of pitched roof. (See illustration on page 3 -- 36)
Heliport or Helipad
Means a landing area or pad used for the landing and take -off of helicopters and
shall include all necessary and incidental structures, service facilities, fuelling
facilities, passenger and cargo facilities and as further set out under the Canadian
Aviation Regulation 325 under the Aeronautics Act.
Section 3 - 34
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 3 - 35
The Corporation of the City of Timmins
High Water Mark
Zoning By-law 2011- 7100
Means the mark made by the action of water under natural conditions on the shore
or bank of a body of water, which action has been so common and usual and so
long continued that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation or soil
on the other side of the mark.
Highway, Street or Road
Means a public thoroughfare for purposes of vehicular and pedestrian travel, including
the entire area within the right-of-way, with or without provision made for curbs,
sidewalks, and paved gutters; owned or maintained by the Municipality or the
Ministry of Transportation and which provides the principal means of access to
abutting lots.
Home Based Business
Means any privately operated legal occupation, enterprise or business which is
carried out as a use clearly accessory or secondary to the main residential use of a
property and which is compatible with the character of surrounding residential
buildings or setting and is owned and operated only by a person or persons residing
on the property.
Home for the Aged
Means a nursing or convalescent home for elderly people. ( See also Nursing
Home, Home for the Aged, or a Long Term Care Facility)
Hostel
Means an establishment in which accommodation is provided on a short term basis
to the public and in which suites may or may not include sanitary facilities, but does
not include a bed and breakfast establishment, hotel, motel or tourist home.
Hotel
Means a building or buildings or part thereof on the same site in which a minimum of
six rooms is provided for renting as dwellings, usually on a temporary or transient
basis, with no facilities for private cooking or housekeeping therein but with a public
dining room.
Hunt Camp -- see Camp
Section 3 - 36
The Corporation of the City of Timmins
Individual on- site sewage services
Zoning By-law 2011- 7100
Means individual, autonomous sewage disposal systems within the meaning of
s. 8. 1. 2, O. Reg. 403/97, under the Building Code Act, 1992 that are owned, operated
and managed by the owner of the property upon which the system is located.
Provincial Policy Statement)
Individual on- site water services
Means individual, autonomous water supply systems that are owned, operated and
managed by the owner of the property upon which the system is located. ( Provincial
Policy Statement)
Class I Industry - Light Industrial
Means a place of business for a small scale, self contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a
package and has a low probability of fugitive emissions e. g. noise, odour, dust and
vibration. Such industries operate in the daytime only with infrequent movement of
products and / or heavy trucks and no outside storage. Examples include: electronics
manufacturing and repair, high technology industries, furniture repair and refinishing,
beverage bottling, package and crafting services, small scale assembly, auto parts
supply.
Class II Industry - Medium Industrial
Means a place of business for medium scale process and manufacturing with
outdoor storage of wastes or materials ( i. e. it has an open process) and where there
are periodic or occasional outputs of fugitive emissions e. g. noise, odour, dust
and/ or vibration. Shift operations occur and there is frequent movement of products
and / or heavy trucks during daytime hours. Examples include dry cleaning services,
assay lab, printing establishments, paint spray booths, welding shops, courier and
transport services, heavy vehicle repairs, bulk fuel storage, raw product storage
aggregates, logs/lumber), warehousing, or contractor' s yard.
Class III Industry - Heavy Industrial
Means a place of business for uses characterized as having emissions such as
noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their
normal operations. Such uses include sawmills, pulp and paper mills, refineries,
smelting operations and similar uses which are intended to be secluded from
residential or other sensitive land uses in order to limit any potential adverse effects
on the environment or the surrounding areas and public health.
Section 3 -- 37
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Institution
Means any land, building, or part thereof used for a non-commercial purpose by any
organization, group or association for the promotion of charitable, educational or
benevolent objects excluding a private club.
Section 3 - 38
The Corporation of the City of Timmins
J
Junk Yard
Zoning By-law 2011- 7100
Means a lot and/or premises used for the storage and/or handling of scrap material
and salvage. ( See also Waste Management Facility)
Section 3 - 39
The Corporation of the City of Timmins
69
Zoning By-law 2011- 7100
Kennel
Means a building or structure used for commercial gain, where animals, birds or other
livestock intended or used as domestic household pets or for working or sporting
purposes are kept or boarded or trained and where medical treatment may be provided
and shall include an animal shelter or pound. ( See also Veterinary Establishment)
Section 3 - 40
The Corporation of the City of Timmins
L
Landfill Site -- see Waste Management Facility
Landing Strip -- see Airfield, Private
Landscaping
Zoning By-law 2011- 7100
Means a combination of trees, shrubs, flowers, grass or other horticultural elements
together with decorative stonework, fences, pavings, screening or other architectural
elements, all of which is designed to enhance the visual amenity of a property and to
provide a screen to mitigate any objectionable aspects that may detrimentally affect
adjacent land.
Lane
Means a public thoroughfare which affords only a secondary means of access to
abutting lots, which is not intended for general traffic circulation and does not include
a highway, road, street, easement or right-of-way.
Landfill - see Waste Management Facility
Laundromat
Means a building or structure where coin- operated laundry machines are made
available to the public for the purpose of laundry cleaning.
Light Manufacturing or Light Industry -- see Class I Industry
Livestock Facility
Means one or more barns or permanent structures with livestock occupied portions
intended for keeping of livestock. A livestock facility also includes all manure or
material storage and anaerobic digesters.
Loading Space
Means a space or bay located on a lot or within a building which is used or intended
to be used for the temporary parking of any commercial vehicle while loading or
unloading goods, merchandise, or materials in connection with the use of the lot or
any building thereon, and which has unobstructed access not necessarily in a
straight line to a highway, street or road.
Section 3 - 41
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Local Retail Store
Means a retail store not within a shopping centre, of not more than 280 m2 [ 3, 013. 9
ft. 2] or a food supermarket of not more than 465 m2 [ 5,005.4 ft. 2] gross floor area, but
shall not include an automobile service station, auto repair garage or automobile
washing establishment.
Log Hauling Operation
Lot
Means an area of land and or buildings of a logging contractor where equipment and
materials ( i. e. logs) are stored and may include repairs to logging equipment
belonging to the logging operator or contractor.
Means a parcel of land, whether or not occupied by a building or structure that:
1.
Is not less than a whole lot on a registered plan of subdivision; or
2.
Is not less than a parcel of land that has been separated in accordance with the
provisions of the Planning Act; or
3. Exists as a separate parcel without any adjoining land being owned by the same
owner, and
4. Is capable of being legally conveyed in accordance with Section 50 of the
Planning Act.
Lot Area
Means the total horizontal area within the lines of a lot. In the case of corner lots
having a street line rounding at the corner of a radius of 9 m [ 29.5 ft.] or less, the lot
area of such lot shall be calculated as if the lot lines were produced to their point of the
intersection.
Lot, Corner
Means a lot situated at the intersection of, or abutting upon, two or more public
streets, having an angle of intersection of not more than one hundred and thirty-five
135) degrees. ( See illustration on page 3 -- 45)
Section 3 - 42
The Corporation of the City of Timmins
Lot, Depth
Zoning By-law 2011- 7100
Means the horizontal distance between the front and rear lot lines. If the front and rear
lot lines are not parallel " Lot Depth" means the length of a straight line joining the
middle of the front lot line with either the middle of the rear lot line or the apex of the
triangle formed by the side lot lines where the lot is triangular. (See illustration on
page 3 -- 45)
Lot, Frontage
Means the horizontal distance between the side lot lines, such distance being
measured perpendicularly to the line joining the middle of the front lot line with either
the middle of the rear lot line or the apex of the triangle formed by the side lot lines
and at a point therein distant 7. 5 m [ 24.6 ft.] from the front lot line.
Lot, Interior
Means a lot other than a corner lot. ( See illustration on page 3 -- 45)
Lot, Key
Means the first lot to the rear of a corner lot and not separated by a lane.
Lot, Through
Means a lot bounded on two opposite sides by highway, street or roads. (See
illustration on page 3 -- 45)
Lot Line
Means any boundary of a lot. ( See illustration on page 3 -- 45)
Lot Line, Exterior Side
Means the side lot line which abuts the highway, street or road on a corner lot.
See illustration on page 3 -- 45)
Lot Line, Front
Means in the case of an interior lot, the line dividing the lot from the highway, street
or road. In the case of a corner lot, the shorter lot line abutting a highway, street or
road shall be deemed the front lot line and the longer lot line abutting highway,
street or road shall be deemed an exterior side lot line.
In the case of a corner lot with two street lines of equal lengths, the lot line that
abuts the wider highway, street or road, or abuts a Provincial highway shall be
Section 3 - 43
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
deemed to be the front line, and in the case of both highway, street or roads being
under the same jurisdiction and of the same width, the lot line where the principal
access to the lot is provided shall be deemed to be the front lot line.
In the case of a through lot, the lot line where the principal access to the lot is provided
shall be deemed to be the front lot line. In the case of a lot fronting on a navigable
waterway, the shorter lot line directly adjacent to the navigable waterway shall be
deemed to be the front lot line (whether or not any shoreline road allowance has
been closed). In the case of a through waterfront lot with water access only, the
longest shoreline shall be deemed to be the front lot line. ( See illustration below)
Lot Line, Rear
Means a lot line furthest from or opposite the front lot line.
Lot Line, Side
Means a lot line other than a front or rear lot line.
Interior Lot Line
Interior Lot
Side Lot Line
Corner Lot
Through Lot
Rear Lot
Reversed
Line
Corner Lot
j
Exterior Side , __ ,
Lot Line
f
Front Lot
Line
1
VVV`
JJJ
Front Lot Line Jr,
Section 3 -- 44
The Corporation of the City of Timmins
M
Main Wall
Zoning By-law 2011- 7100
Means the exterior, front, side or rear wall of a building, and all structural members
essential to the support of a fully or partially enclosed space or roof, where such
members are nearer to a lot line than the said exterior wall.
Manoeuvring Aisle - see Parking Aisle
Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock
facility containing liquid manure (< 18% dry matter), solid manure (>- 18% dry
matter), or digestate (< 18% dry matter). Permanent storages may include any of:
locations ( under, within, nearby, or remote from a barn), materials (concrete,
earthen, steel, wood), coverings (open top, roof tarp, or other materials),
configurations and shapes or elevations (above, below or partially above grade).
Market Garden - see Garden Centre
Marina
Means a building, structure or place, containing docking facilities and located on a
navigable waterway, where boats and boat accessories are stored, rented or hired,
sold, serviced, repaired, kept for sale, or refueled and where facilities for the sale of
marine craft accessories, bait or refreshments may be provided.
Marine Air Base
Means a water-based lot, building or structure used for the take -off, landing, docking,
servicing and repairing of aircraft (seaplanes), for the storing and retailing of fuels and
lubricants, parts and accessories for aircraft and for the storing and parking of
seaplanes, watercraft and motor vehicles.
Marine Facility
Means a building or structure which is used to moor, berth, or store a boat. This
definition includes a boat launching ramp, a boat lift, marine railway, a float hanger,
dock or boat house, but does not include any building used for human habitation or a
marina. A marine facility shall also include a water intake facility and any flood or
erosion control structure.
Section 3 - 45
The Corporation of the City of Timmins
Massage Establishment
Zoning By-law 2011- 7100
Means any premise or part thereof where massages are given, offered or solicited in
pursuance of a trade or calling, business or occupation provided that the service is
rendered by a person duly trained, licensed and registered under the appropriate
statute.
Medical Office -- see Clinic
Medium Industrial Use - see Class II Industrial
Mine
Means one or more of the following:
1.
Any opening or excavation in, or working of, the ground for the purpose of
winning any mineral or mineral bearing substance;
2. All ways, works, machinery, plant, buildings and premises below or above the
ground relating to or used in connection with the activity referred to in clause ( 1.);
3. Any roasting or smelting furnace, concentrator, mill, work or place used for or in
connection with washing, crushing, grinding, sifting, reducing, leaching, roasting,
smelting, refining or treating any mineral or mineral bearing substance, or
conducting research on them;
4. Tailings, waste rock, stockpiles of ore or other material, or any other prescribed
substances, or the lands related to any of them;
5. Mines that have been temporarily suspended, rendered inactive, closed out or
abandoned, but does not include any prescribed classes of plant, premises or
works. (Mining Act)
Mine Hazard
Means any feature of a mine as defined under the Mining Act, or any related
disturbance of the ground that has not been rehabilitated.
Mineral Aggregate Operation
Means established pits or quarries and associated facilities used in the extraction,
transport, beneficiation, processing, or recycling of mineral aggregate resources and
derived products such as asphalt and concrete, or the production of secondary related
products. (Provincial Policy Statement)
Mineral Mining Operation
Means mining operations and associated facilities, or, past producing mines with
remaining mineral development potential that have not been permanently
rehabilitated to another use. ( Provincial Policy Statement)
Section 3 -- 46
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Miniature Golf Course
Means an area of land or a building, structure or premises or part thereof operated
for compensation as a commercial place of amusement in which facilities are
provided to simulate the game of golf or any aspect of the game on a small scale,
but does not include a golf driving range. This use may include the incidental sale
of snacks.
Mining
Means any mode or method of working, whereby the earth or any rock, stone or
mineral bearing substance, may be disturbed, removed, washed, sifted, leached,
roasted, smelted, refined, crushed or dealt with for the purposes of obtaining any
mineral there from and including all necessary accessories and uses for the operation
of the mining complex
Minimum Distance Separation
Shall mean the " Minimum Distance Separation
I and II" of the Ontario Ministry of
The Environment and the Ministry of Agriculture, Food and Rural Affairs ( any
subsequent amendments thereto).
Mobile Home
Means a transportable single detached dwelling that is suitable for year round
occupancy, designed to be transported on its own wheels and arriving at the site
ready for occupancy apart from incidental operations such as location or foundation
supports and connections to utilities and which is not less than 3.5 m [ 11. 5 ft.] in width,
is not more than a single wide unit and the total area of which is not less than 55 m2
592 ft. 2].
Mobile Home, Double Wide
Means a mobile home which is manufactured in two parts which when assembled on
a lot, becomes a single structural unit having a width of 6 m [ 19.6 ft.] or more and a
length of not less than 10 m [ 32. 8 ft.].
Mobile Home Lot
Means a parcel of land or separate area used for the parking of one ( 1) mobile home
used as a dwelling unit in a mobile home park and approved in accordance with
other applicable municipal By-laws governing the development of such mobile home
parks.
Section 3 - 47
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
iyi[- 7oil ra:
itaa-SMI3
Means an area of land used for the parking or storage of mobile homes to be
occupied as dwellings, including all accessory buildings necessary to the operation
of said park, and approved in accordance with the municipal By-laws governing the
development of such mobile home parks.
Mobile Office Trailer
Means a temporary building or structure intended for removal or demolition that is
used as an office and is associated with a permitted use within the zone.
Motel
Means a building or two or more connected or detached buildings designed and used
for the purpose of catering to the needs of the traveling public by furnishing sleeping
accommodation with or without supplying food and/ or other refreshments, and without
limiting the generality of the foregoing shall include a motor court, auto court and
tourist home, within the meaning of The Tourist Establishment Act.
Motor Vehicle
Means an automobile, truck, motorcycle, motorized snow vehicle and any other
vehicle propelled or driven other than by muscular power, but does not include cars
of electric or steam railways, or other vehicles running exclusively on rails or a
traction engine, a farm tractor, self-propelled implement of husbandry or road
building machine within the meaning of the Highway Traffic Act.
Motor Vehicle, Commercial
Means any commercial vehicle within the meaning of the Highway Traffic Act having
permanently attached thereto a truck or delivery body and without limiting the
generality of the foregoing includes ambulances, hearses, motor buses and tractors.
Motor Vehicle Rental Establishment
Means a building or structure where motor vehicles are kept for rent, lease or hire
under agreement for compensation and may include a wash and cleaning bay.
Motor Vehicle Sales Outlet -- see Automotive Sales Establishment
Municipal Sewage Services
Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that is owned or operated by a municipality. (Provincial Policy Statement)
Section 3 -- 48
The Corporation of the City of Timmins
Municipal Water Services
Zoning By-law 2011- 7100
Means a municipal drinking -water system within the meaning of Section 2 of the
Safe Drinking Water Act, 2002. (Provincial Policy Statement)
Municipality
Means the Corporation of the City of Timmins.
Section 3 - 49
The Corporation of the City of Timmins
T
Natural Heritage Features and Areas
Zoning By-law 2011- 7100
Means features and areas including significant wetlands, fish habitat, significant
habitat of endangered and threatened species, significant wildlife habitat and areas
of natural and scientific interest.
Natural Vegetation Buffer
Means a strip of native trees, shrubs and underbrush running parallel to the
shoreline and extending inland from the high watermark. The strip may include
vegetation which has grown naturally and trees or shrubs which have been planted
to enhance the ecological value of the strip.
Non -Complying
Means any existing use, building, structure or lot which does not conform with the
zone requirements and standards of this By- law. ( See also Non -Conforming)
Non -Conforming Use
Means the use of land, building or structure which does not comply with the provisions
of this By- law for the zone in which such land, building or structure is situated,
provided that such use of land, building or structure lawfully existed at the date of the
passing of this By-law. ( see Section 1. 12)
Nursery -- see Garden Centre
Nursing Home, Home for the Aged, or a Long Term Care Facility
Means a building or premises used in accordance with the provisions of the Nursing
Homes Act, or the Homes for the Aged and Rest Homes Act, the Long -Term Care
Act or a home for the aged as provided for under the Charitable Institutions Act
respectively, and amendments thereto.
Section 3 - 50
The Corporation of the City of Timmins
C
Office -- see Professional Office
Official Plan
Zoning By-law 2011- 7100
Means the Official Plan of the City of Timmins or parts thereof and amendments
thereto.
Open Space, Usable
Means open unobstructed space on a lot which is suitable for landscaping, including
any part of the site occupied by recreational accessory buildings, any surfaced walk,
patio or similar area, any sports or recreational area, any ornamental or swimming
pool, any balcony at least 1. 5 m [ 4.92 ft.] in depth, and the roof or other part of a
building or structure open to the air and used for landscaping and as a recreational
area, but excluding any driveway or ramp, whether surface or not, any curb, retaining
wall, parking area, or loading space.
Open or Outside Storage
Means the storage or display of goods, merchandise or equipment outside of a
building
or structure on a lot or portion thereof. This definition shall not include the open
storage of goods or equipment incidental to a residential occupancy of a lot, or the
outdoor display of a limited number of samples of goods, merchandise or equipment
for the purpose of sales and advertisement.
Section 3 - 51
The Corporation of the City of Timmins
r
Park, Public
Zoning By-law 2011- 7100
Means an area of land, whether enclosed or not, maintained by the Municipality or
other public authority for the enjoyment, health and well- being of people and open to
the public with or without charge and, for the purposes of this definition, includes a
Provincial Park.
Parking Aisle
Means a portion of a private parking area, or a commercial parking lot, or a private
or a commercial parking structure which abuts a parking space on one or more
sides and which provides access from the parking space to a highway, street or
road or lane and which is not used for vehicular parking.
Parking Area
Means an open area, other than a highway, street or road, used for the temporary
parking of two or more motor vehicles as accommodation for visitors, clients,
customers, residents, or employees, whether free or for profit or gain.
Parking Space
Means an area exclusive of driveways or aisles, for the parking of a motor vehicle.
Parking Space, Barrier -Free
Means an area exclusive of driveways or aisles, for the parking of a motor vehicle
and intended for use by a person with a disability
Person
Means any association, partnership, corporation, municipal corporation, agent or
trustee and the heirs, executors or other legal representatives of a person to whom
the context can apply according to law.
Personal Service Establishment
Means a business which furnishes a service to meet some general personal need or
to benefit the personal needs of individuals such as a barber shop, beauty salon,
shoe repair, photographic store, laundromat, tattoo parlour or a dry cleaning
distribution station or a similar use but excludes funeral homes and any
manufacturing or fabrication of goods for sale.
Section 3 - 52
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
2ECTION-
Pit
Means land or land under water from which unconsolidated aggregate is being or
has been excavated, and that has not been rehabilitated, but does not mean land or
land under water excavated for a building or structure on the excavation site.
Place of Amusement
Means an establishment operated for commercial gain or profit wherein amusement
facilities are provided such as a video arcade or arcade, billiard or pool room, pinball
machines and video games but does not include an adult entertainment parlour,
casino or bingo hall. (See also Bingo Hall, Casino)
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of
arts and craft shows, trade fairs, fashion show, public meetings, banquets,
conference meetings and similar activities.
Place of Worship
Means a building or an open area dedicated to religious worship (e. g. church,
mosque, synagogue) but does not include a manse or rectory where established on
a separate lot.
Playground
Means a park or part thereof which is equipped with active recreational facilities
oriented to children.
Porch or Verandah
Means a structure abutting a dwelling having a roof but with walls that are open or
enclosed except for screens ( Muskoka windows) and which is used as an outdoor
living area.
Portable Asphalt/Concrete Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt or concrete paving material
and includes stockpiling and storage of bulk materials used in the process, which is
not of permanent construction but which is to be dismantled at the completion of the
construction project. Portable asphalt /concrete plants must comply with the Ministry
of the Environment' s separation distances and must obtain a certificate of approval
from the Ministry of the Environment. (Provincial Policy Statement)
Section 3 -- 53
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Portable Sawmill
Means equipment which is portable ( e. g. may be drawn by a vehicle) and is used on
a temporary basis for the cutting of saw logs.
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the
method, and publishing of newspapers, periodicals, books, maps and similar
publications and also includes the sale and servicing of printing and duplicating
equipment.
Private Club
Means an athletic, social or recreational club located on private lands and not
operated for profit, and includes the premises of a fraternal organization.
Private Daycare
Means a place where in the temporary care of children is provided, which is
operated as an accessory use within a residential dwelling unit that receives not
more than five (5) children and is not required to be licensed by the Province but
shall comply with the applicable provisions of the Day Nurseries Act.
Private Road
Means a private right-of-way over private property which affords access to at least
two (2) abutting lots and which is not maintained by a public authority. ( See also
Driveway)
Public Use
Means the use of land, building, or structures by civic, religious, educational,
charitable, fraternal, social or recreational societies, agencies, boards or committees
so long as the activity is not conducted for a profit, and any business use is accessory
to the main use.
Professional Office
Means any office used by professionally qualified persons, for the purposes of giving
advice, consultation or treatment to clients or patients and where permitted in a
residential area shall be conducted entirely within a dwelling or accessory building on
the same lot by the occupant of said building. ( See also General Office)
Section 3 - 54
The Corporation of the City of Timmins
Public Authority
Zoning By-law 2011- 7100
Means any School Board, Public Library Board, Board of Health, Board of
Commissioners of Police, or other Board of Commission or Committee of a Local
Authority established or exercising any power or authority under any general or
special statute of Ontario with respect to any of the affairs or purposes of a
Municipality or a portion thereof, and includes any Committee or local authority
established by By- law of the Council.
Section 3 - 55
The Corporation of the City of Timmins
IC
Quarry
Zoning By-law 2011- 7100
Means land or land under water from which consolidated aggregate is being or has
been excavated, and that has not been rehabilitated, but does not mean land or land
under water excavated for a building or structure on the excavation site.
Section 3 - 56
The Corporation of the City of Timmins
Recreational Facilities
Zoning By-law 2011- 7100
Means land, structures, and equipment for outdoor and indoor sports and games but
does not include: an archery club, a shooting gallery, a rifle, pistol, skeet or trap range,
a hunting preserve, an automobile race track, a commercial amusement park, or a
theatre.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is self-propelled, and is capable of being
used on a recreational basis for living, sleeping or eating accommodation. The term
recreational vehicle includes the following: motor homes, travel trailers, tent trailers,
campers but does not include sports equipment such as boats, snowmobiles,
personal water craft, all terrain vehicles or other equipment used for recreational
purposes, or a mobile home. ( See also Motor Vehicle, Commercial Vehicle)
Recycling Depot or Transfer Station
Means a special waste management facility which serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, metal and other
similar products which will be transferred to another location for reuse. This definition
does not include any other type of waste management system. ( See also Waste
Management Facility)
Redevelopment
Means the removal of buildings or structures from land and the construction or
erection of other buildings or structures thereon.
Renovation
Means the cleaning, repairing or restoring of a building to a better condition but does
not include its replacement.
Restaurant
Means a building or structure where food is prepared and offered for sale to the
public for consumption within or outside the building or structure or off the premises,
but does not include a drive-through service restaurant.
Section 3 - 57
The Corporation of the City of Timmins
Restaurant, Drive -Through Service
Zoning By-law 2011- 7100
Means a restaurant, or portion of a restaurant where food and beverages are
offered for sale to the public, by means of an attendant or a service window, to
customers using a motor vehicle service queue with the food and beverages
normally being consumed off-site.
Retail Store
Means a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale to the general public.
Retail Sales or Trade
Means the offering of good, wares, merchandise, substances, articles or things for
sale to the general public.
Retail Trade Establishment
Means a retail store without limitation with respect to floor area but does not include
any manufacturing, processing or construction uses.
Right -of -Way -- see Easement
Rooming House -- see Boarding House or Rooming House
Section 3 - 58
The Corporation of the City of Timmins
S
Salvage Yard -- see Junk Yard
Sanitary Landfill - see Waste Management Facility
Satellite Dish Antenna or Receiver
Zoning By-law 2011- 7100
Means a structure designed and used for the reception of telecommunications
signals from a satellite. (See also Communications Facility)
Sauna, Steambath
Means an accessory building or structure wherein facilities are provided for the
purpose of a steam bath and may include a change room and shower and may be
constructed as part of a boat house.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished
lumber or as an intermediary step. ( See also Portable Sawmill)
School -- see Educational Institutions
Seaplane Base -- see Marine Air Base
Secondary Use
Means, with reference to a farm only, uses which are secondary to the principal use
of the farm property, including but not limited to, home occupations, home industries,
and uses that produce value-added agricultural products from the farm operation on
the property. (Provincial Policy Statement)
Self -Storage Facility
Means a commercial building or part of a building wherein general merchandise,
vehicles, furniture and household goods are all stored in separate, secured storage
areas or lockers which are generally accessible by means of individual loading
doors.
Sensitive Land Use
Means buildings, amenity areas or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse
effects from contaminant discharges generated by nearby facilities and includes a
Section 3 -- 59
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
dwelling, day care centre, an educational or health institution. (Provincial Policy
Statement)
Service Shop
Means any building or part thereof where appliances and machinery are serviced, or
repaired but excludes any manufacturing, processing or wholesaling.
Setback
Means the horizontal distance from the center line of the street allowance, measured
at right angles to such centre line, to the nearest part of any building or structure on
the lot. With reference to a water body, the setback is the least horizontal distance
between the high water mark of the water body and the nearest building line.
With reference to a private road, the least horizontal distance between the shoulder
of the travelled portion of the road and any building or structure, or the limit of the
road as shown and measured on a survey.
Shooting Range or Rifle Club
Means land, buildings, structures or premises used for recreational target practice,
skeet shooting, gun or hunter safety instruction and is operated by a club or
organization.
Shopping Centre
Means a group of commercial uses or establishments related in location, size and
type to the trade or residential area it serves and conceived, designed, developed and
managed as an inter -dependent and inter -related unit whether by a single owner or
tenant or by a group of owners of tenants acting in collaboration.
Shopping Centre, Community
Means a shopping centre with more than 4,650
m2 [ 50,054 ft.
2] of gross leasable
area.
Shopping Centre, Neighbourhood
Means a shopping centre with less than 4,650 m2 [ 50,054 ft. 2] of gross leasable
area.
Shoreline
Means in relation to natural features and functions, the lands in immediate contact
with, or in seasonally inundated areas adjacent to water bodies such as lakes, rivers
or streams.
Section 3 -- 60
The Corporation of the City of Timmins
Sidewalk Patio
Means
an outdoor area
used only on
a seasonal
basis
restaurant,
where
seating
accommodation
is
provided
refreshments are served to the public for consumption on the
located on private property or partly or wholly on municipal
valid
encroachment
agreement
or
lease or
license
as
th
appropriate.
Sight Triangle
Zoning By-law 2011- 7100
in
conjunction
with
a
and
where
meals
or
premises and which is
property pursuant to a
e municipality deems
Means a triangular space, free of buildings, structures and obstructions, formed by
two intersecting street lines abutting a corner lot and a third line drawn from a point
on a street line to another point on a street line, each such point being the required
sight distance from the point of intersection of the street lines as specified in this by-
law.
Sign
Means a name, identification, description, device, display or illustration which is affixed
to, or represented directly or indirectly upon a building, structure, or lot and which
directs attention to an object, product, place, activity, person, institution, organization
or business.
Skateboard Park
Means a building, structure or open area containing or developed with slopes, hills,
passageways and other challenges where people using skateboards may practice the
sport and may include the rental or sale of skateboards and related equipment.
Sleep Cabin
Means an accessory building located on the same lot as the principle dwelling and is
used for sleeping accommodation only. Cooking and sanitary facilities shall not be
permitted.
Solar Collector or Solar Panel
Means a device consisting of photovoltaic panesl that collect solar power from the
sun. A solar collector shall be attached to a building or structure or erected on a
post( s).
Section 3 - 61
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Solarium
Means a glassed -in structure or room projecting from an exterior or main wall of a
building which may be used for sunning, therapeutic exposure to sunlight or for a
use where the intent is to optimize exposure to the sunlight.
Solid Waste Disposal Site - see Waste Management Facility
Stacking Lane
Means an on-site queuing lane for motor vehicles which is separated from other
vehicular traffic and pedestrian circulation by barriers, markings or signs.
Stacking Lane
Stacking Lane
Stacking Lane
r. .
I
f
1
4
Steam Bath -- see Sauna
Storage Container
Shall mean the trailer portion of a tractor -trailer unit or transport truck, or a rail or
seaway container, which is traditionally used for the shipping and transportation of
goods and materials.
Section 3 - 62
The Corporation of the City of Timmins
Storey
Zoning By-law 2011- 7100
Means that portion of a building 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.
Street
Line
Means
the
limit
of
the
highway,
street
or
road
allowance
and
is
the
dividing
line
between
a
lot (
property)
and
a
highway,
street,
road
or
private
road. (
For
illustration --
see
page
3 --
44)
Strip
Mining --
see
Mining
Studio
Means
a
building
or
part
thereof
used
for
one
or
more
of
the
following:
1.
As
the
workplace
of
a
photographer,
artist,
or
artisan;
2.
For
the
instruction
of
art,
music,
languages
or
similar
disciplines.
Structure
Means
anything
that
is
erected,
built
or
constructed
of
parts
joined
together,
the
use
of
which
requires
location
on
the
ground,
or
attached
to
something
having
location
on
the
ground
and
for
the
purposes
of
this
By-
law,
shall
include
a
sewage
disposal
system.
Section
3 -
63
d
ii
H
11
11
tl
11
11 li
i
1
1 !
fl
1
11
1
1
11 ii
11
i
It li
Street
Line
Means
the
limit
of
the
highway,
street
or
road
allowance
and
is
the
dividing
line
between
a
lot (
property)
and
a
highway,
street,
road
or
private
road. (
For
illustration --
see
page
3 --
44)
Strip
Mining --
see
Mining
Studio
Means
a
building
or
part
thereof
used
for
one
or
more
of
the
following:
1.
As
the
workplace
of
a
photographer,
artist,
or
artisan;
2.
For
the
instruction
of
art,
music,
languages
or
similar
disciplines.
Structure
Means
anything
that
is
erected,
built
or
constructed
of
parts
joined
together,
the
use
of
which
requires
location
on
the
ground,
or
attached
to
something
having
location
on
the
ground
and
for
the
purposes
of
this
By-
law,
shall
include
a
sewage
disposal
system.
Section
3 -
63
The Corporation of the City of Timmins
Sundeck --see Deck
Swimming Pool
Zoning By-law 2011- 7100
Means an open or covered pool used for swimming, wading, diving or recreational
bathing which can accommodate a water depth of at least 60 cm [ 24 in], and may
include a hot tub or whirlpool.
Section 3 - 64
The Corporation of the City of Timmins
T
Tavern -- see Restaurant
Tank Farm -- see Bulk Fuel Storage
Temporary Building -- see Building, Temporary
Tent and Trailer Campground -- see Campground
Tourist Establishment
Zoning By-law 2011- 7100
Means premises or buildings to be used for the purposes of sleeping accommodation
on a temporary basis by tourists or vacationers, including a hotel, motel, lodge,
rental cottages or cabins, campground, bed and breakfast establishment,
including accessory uses such as dining, conference or meeting facilities, indoor and
outdoor recreation or leisure facilities and similar uses.
Tourist Home
Means a dwelling home excluding a hotel, motel or seasonal dwelling in which
rooms or lodging are provided for hire or pay for not more than four (4) guests.
Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may
or may not furnish overnight accommodation and facilities for serving meals and
furnishes equipment, supplies or services to persons in connection with angling,
hunting, camping or other similar recreational purposes.
Transfer Station - see Recycling Depot
Transportation Depot
Means land, or a structure or a building where commercial vehicles are kept for hire,
rental and/ or lease, or stored and/ or parked for enumeration and/or from which such
vehicles are dispatched for hire as common carriers and where such land, structure
or building may be used for the storage and/ or distribution of goods, wares, and
merchandise.
Truck Terminal - see Transportation Depot
Section 3 - 65
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
U
Undertaking Establishment -- see Funeral Home
Use
Means the purpose for which land or building or structure or any combination thereof
is designed, arranged, occupied or maintained.
Section 3 - 66
The Corporation of the City of Timmins
LI
Veterinary Establishment
Zoning By-law 2011- 7100
Means a building or structure where animals, birds or other livestock are treated and
where domestic animals or birds are kept for treatment.
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of
recorded video materials and may include the rental of video recorders, DVD' s,
video cameras and video games or similar uses or devices.
Section 3 - 67
The Corporation of the City of Timmins
NA
Warehouse and Wholesale Storage
Zoning By-law 2011- 7100
Means a building or structure or portion thereof used or intended to be primarily
used for the bulk storage of goods, merchandise, or material.
Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment
and/or its agents where garbage, refuse, domestic or industrial waste, excluding
radioactive or toxic chemical wastes is disposed of or temporarily stored to be
transferred to another Ministry of the Environment approved facility for disposal
and/or processing. This definition shall include waste transfer stations, recycling
depots and household hazardous waste as provided for under Section 9 of the
Environmental Protection Act. (See also Recycling Depot or Transfer Station)
Water Body/ Water Course
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or
irrigation channel.
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open
excavation on a temporary basis for use by a public road authority solely for the
purpose of a particular project or contract of road construction and not located on the
road right-of-way. (Provincial Policy Statement)
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open
excavation on a temporary basis for use by a public road authority solely for the
purpose of a particular project or contract of road construction and not located on the
road right-of-way. (Provincial Policy Statement)
Wetlands
Means lands that are seasonally or permanently covered by shallow water, as well
as lands where the water table is close to or at the surface. In either case the
presence of abundant water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic plants or water tolerant plants. The
four major types of wetlands are swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural purposes, which no
Section 3 -- 68
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
longer exhibit wetland characteristics, are not considered to be wetlands for the
purposes of this definition. ( Provincial Policy Statement)
Wholesale Trade Establishment
Means any establishment which sells merchandise to others for resale and/or to
industrial and commercial users.
iTIT TI* S=
11
Means a collection of wind turbines all in the same geographical location which are
used in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into
mechanical energy or electrical energy.
Wind Turbine, Commercial
Means a wind turbine where the mechanical or electrical energy is sold commercially
for profit or gain.
Workshop -- see Custom Workshop
Section 3 - 69
The Corporation of the City of Timmins
R
Yard
Zoning By-law 2011- 7100
Means an open area of land, other than a court, on the same lot as a building or
structure, unoccupied and unobstructed except as otherwise provided or required by
this By- law, and located between the main wall of the building and one of the lot lines
of the said lot.
Yard, Front
Means a yard extending across the full width of the lot between the front lot line of the
lot and the nearest main wall of any main building or structure on the lot. ( See
illustration on page 3 -- 72)
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line of the
lot and the nearest main wall of any main building or structure on the lot. Where
there is no rear lot line, the rear yard shall be measured from the intersection of the
side lot lines to the closest point of the main wall of the main building. (See
illustration on page 3 -- 72)
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot
line of the lot and the nearest main wall of any main building or structure on the lot.
See illustration on page 3 -- 72)
Yard, Side, Exterior
Means a side yard immediately adjoining a public highway, street or road. (See
illustration on page 3 -- 72)
Yard, Side, Interior
Means a side yard other than an exterior side yard. ( See illustration on page 3 -- 72)
Yard Sale -- see Garage Sale
Section 3 - 70
SECTION 3:
DEFINITIONS
ARD DESCRIPTIONS
eet Line ( edge of municipal
right -cif -way)
Travelled Road
Sheet Line
Lot Frontage measured 7- 5 m back
from Front Lot Line
Travelled Road
The Corporation of the City of Timmins
Z
Zone
Zoning By-law 2011- 7100
Means a designated area of land use demarcated on the Schedules attached hereto in
which specific uses are permitted according to standards set out for that zone.
Section 3 - 72
The Corporation of the City of Timmins
Explanatory Note
Zoning By-law 2011- 7100
The General Provisions Section of the By-law sets out regulations which apply
universally regardless of the specific zoning of a property.
NOTE: words or text shown in bold italic script are defined in the Definitions
Section ( Section 3) of this By-law.)
4. 1
Accessory Buildings, Structures and Uses
Where a lot in any zone is devoted to a permitted use, accessory buildings,
structures, and uses are permitted subject to the following provisions:
1.
The use of an accessory building for human habitation is not permitted except
where specifically listed as a permitted use.
2. An accessory use, building or structure is not considered accessory if
located completely underground or if attached to the main building.
3. No accessory use shall be erected closer to the front lot line or the exterior
side lot line than the minimum front yard and exterior side yard setbacks
required for the main building. This provision shall not apply:
a. For lots with water frontage;
b. For a partially enclosed shelter for use by children waiting for a school
bus, if such use is located in a rural zone where there is a residential
dwelling;
c. For any farm produce outlet having a gross floor area of less than 9. 5
m2
102.2 ft.
2], if such use is located in a rural zone ( RD -RU);
d. For a lot in a rural zone used for a mineral mining operation or mineral
aggregate operation;
e. For open or outdoor storage, where permitted in this By- law;
f. For a sign or other structure which is otherwise permitted in this by- law
examples include Permitted Projections -- Section 4.34);
g. A gate house used for security for a gated residential complex, or a
permitted non- residential use.
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The Corporation of the City of Timmins
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4. Rural and Residential Estate Zones: Except where specified otherwise, no
accessory building shall be erected closer than 4.5 m [ 14.76 ft.] to any lot line
and 1. 2 m [ 3. 93 ft.] to the main building.
5. Urban Zones: Except where specified otherwise, no accessory building shall
be erected closer than 0. 9 m [ 2. 95 ft.] to any interior side lot line or 1. 2 m
3. 93 ft.] to a rear lot line or 1. 2 m [ 3. 93 ft.] to the main building.
6. No accessory building or structure shall exceed the height of the main
building in a non- residential zone. In a residential zone in an urban area with
the pre -fix `NA', the height of an accessory building or structure shall not
exceed one storey or four and one -tenths ( 4. 1) metres in height, whichever is
the lesser. In a rural zone with the pre -fix `RD', the height of an accessory
building or structure to a permitted residential use shall not exceed 6 m [ 19.6
ft.] in height.
7. No accessory private garage or storage building to a permitted residential
use in a RD -RU or RD -WN zone shall exceed a floor area of 139 m2 [ 1, 500
ft. 2] and in any other residential zone, no accessory private garage or storage
building shall exceed 93 m2 [ 1, 001 ft.2] or the floor area of the ground floor of
the main dwelling on the lot, whichever is the lesser.
8. Coverage of accessory buildings and structures shall be included in the
calculation of the permissible coverage of all buildings and structures on a lot.
9. Common semi- detached garages or carports may be centred on the shared
interior side lot line.
10. Fences, freestanding or retaining walls, flag poles, antennae or a free
standing satellite dish, light standards and similar accessory structures are
permitted in any required yard or in the area between the street line and the
required setback provided that it complies with the provisions for Sight
Triangles in Section 4.37 of this By- law and the City' s Fence By- law.
11. Boathouse, Dock or Wharf
Despite Section 4. 1. 3 , a boat house, boat port, float plane hangar, pump
house, dock or wharf may be located in the front yard, side yard or rear
yard where a lot abuts a navigable waterway, provided that the approval of
any governmental authority having jurisdiction has been obtained and
provided that the boat house, boat port, float plane hangar, pump house,
dock or wharf is located not closer than 0. 9 m [ 2. 95 ft.] to the nearest adjacent
interior lot line and does not encroach on the adjacent frontage when the lot
boundaries are extended into the water.
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12. Shoreline Setbacks:
Despite Section 4. 1. 3, a shoreline structure other than a boat house, boat
port, float plane hangar, pump house, dock or wharf shall be set back a
minimum of 20 m [ 65.6 ft.] from any high water mark or shoreline in any
yard adjacent to a water body. This setback shall also apply to an individual
on- site sewage disposal system ( sub -surface tile field or tile bed).
13. Decks in Residential Zones
a. Decks which have a height of 0.6 m [ 1. 96 ft.] or less from the average
finished grade shall not be considered as a structure, shall not be
required to be set back from a lot line and shall not be calculated as
coverage.
b. Decks higher than 0.6 m [ 1. 96 ft.] shall be calculated as coverage and
shall be required to be set back from a lot line as required by this By- law.
14. Storage Containers
Unless otherwise permitted in this By- law, no object such as a storage
container shall be used as an accessory building or structure on lands
except in an Industrial Zone, Extractive Industrial Zone or on lands used for
a mineral mining operation. A storage container shall be used exclusively
for the storage of goods and materials and may not be used to
accommodate work areas, shops, office uses, retail uses, showrooms or
human habitation.
15. Sleep Cabin
A sleep cabin shall not be permitted as an accessory use in any residential
zone.
4.2
Automotive Service Station, Automotive Washing
Establishment, Gasoline Bar or Gasoline Card Lock Facility
Despite any other provisions contained in this By- law, for all zones within which
an automotive service station, automotive washing establishment, gasoline
bar, and/ or gasoline card lock facility is permitted, the following shall apply:
1.
Pump Island Location
The minimum setback between the pump island or pumps and a front lot line
shall be 4. 5 m [ 14. 7 ft.] or, 3 m [ 9. 28 ft.] from an exterior side lot line.
Section 4 - 3
The Corporation of the City of Timmins
2. Overhead Canopy Setback
Zoning By-law 2011- 7100
The minimum setback of an overhead pump island canopies shall be 2 m
6. 56 ft.] from any lot line.
3. Propane Tanks and Gasoline Storage Tanks
a. No person shall erect or use a bulk propane storage tank at an
automotive service station, gasoline bar, gasoline card lock facility or
on any other property where vehicle fuel may be dispensed, unless a
license or permit has been obtained from the provincial body having
jurisdiction and provided the location is in compliance with the
requirements of the Ontario Propane Code and the Gasoline Handling
Code, respectively.
b. In addition to the above requirement, no propane storage tank shall be
located closer than the greater of 6 m [ 19. 6 ft.] or the requirements of the
applicable codes from the property line and shall comply with the relevant
public safety standards for propane and gasoline storage.
4. Entrances and Exits and Zoning Standards
Access to the property for vehicles shall be only by way of entrances and
exits provided they comply with the following standards unless otherwise
determined through a traffic study, in which case the provisions of the study
shall prevail:
a. Maximum width of a single entrance or exit ............................
6 m [ 19. 7 ft.]
b. Minimum width of a combined entrance and exit ..................... 7 m [ 22. 9 ft.]
c. Maximum width of a combined entrance and exit .................... 9 m [ 29.5 ft.]
d. Minimum distance between any entrance, exit or
combined entrance and exit ...................................................
15 m [ 49.2 ft.]
e. Minimum distance between any part of an entrance,
exit or combined entrance and exit, and the intersection
of the street lines...................................................................
20 m [ 65.6 ft.]
f. Minimum distance between any part of an entrance,
exit or combined entrance and exit, and an interior
side lot line............................................................................
3 m [ 9. 84 ft.]
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g. Minimum interior angle of any entrance or exit at the
streetline...............................................................................................
60°
The area between entrances and exits along the street line shall be used for
landscaping.
5. Separation of an Automotive Washing Establishment from a Residential
Zone or Residential Use
Where an Automotive Washing Establishment abuts a Residential Zone,
the following requirements shall apply:
a. Despite any other requirements of this By- law for a lot abutting lands
zoned for residential use or used for residential purposes, a drive-through
Automotive Washing Establishment shall not be
ermitted on any lot
having a lot area of less than 3,000 m2 [ 32,292. 7 ft. ] and shall not be
located closer than 20 m [ 65.6 ft.] to any lot line abutting such Residential
Zone or residential use;
b. No washing or drying operations shall be permitted except within the
building designed for the purpose of the Automotive Washing
Establishmentl;
c. For a drive-through mechanical Automotive Washing Establishment,
the building shall be so designed that drying machinery and equipment
within the building is furthest removed from the lot line( s) abutting a
residential zone or residential use, and that cars exiting the building do so
also from the side of the building which is furthest removed from the lot
line(s) abutting a residential zone or residential use;
d. Required Vehicle Queue Space
On lots where a drive-through Automotive Washing Establishment is to
be erected, off-street vehicle queue spaces shall be provided in
accordance with the following provisions:
REQUIRED NUMBER AND LOCATION OF QUEUE SPACES
Type of car wash
Before each wash
Bay
After each wash
Bay
conveyor or mechanical type
10
2
manual type
3
1
Each required queue space shall be at least 3 m [ 9. 84 ft.] in width and 6 m
19. 6 ft.] in length.
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The Corporation of the City of Timmins
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4.3
Bed and Breakfast Establishment
1.
A bed and breakfast establishment shall be permitted in any residential
zone in which a single detached dwelling is permitted, subject to the
following requirements:
a. That the number of guest suites does not exceed four (4) excluding an
unrented bedroom for the use of the owner or operator;
b. That the use of the dwelling does not change the residential character of
the dwelling;
c. That the lot fronts on a
year- round maintained public road;
d. That one ( 1) off-street parking space shall be provided on the same lot
for each guest suite, in addition to the parking requirements for a single
detached dwelling. A maximum of two ( 2) parking spaces shall be
permitted in any required front yard and only one vehicle may be stacked
behind a required parking space. All other applicable parking provisions of
this By- law shall be met ( see Sections 4.31 and 4.32);
e. That the requirements of the Porcupine
Health Unit, where applicable,
can be met;
f. That only one sign only shall be permitted provided the sign area does not
exceed
1. 2
m2 [ 12. 9 ft.
2], does not flash or oscillate, and does not exceed
a height of 1. 5 m [ 4. 92 ft.]. A freestanding sign including the support( s),
shall not obstruct any sight triangle and shall be setback a minimum of 1
m [ 3. 28 ft.] from any Lot Line;
g. That the bed and breakfast establishment is not combined with any
other type of tourist or residential accommodation ( i. e. boarding house)
other than the dwelling in which it is located.
4.4
Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality, or
shall be moved from outside the Municipality into the Municipality, unless the
building or structure is a permitted use and satisfies all the requirements of the
Zoning By- law, and a building permit has been obtained from the Chief Building
Official.
Section 4 - 6
The Corporation of the City of Timmins
4.5
Change of Use
Zoning By-law 2011- 7100
The use of a lot, building or structure which, under the provisions hereof, which is
a legal non -conforming use within the zone in which such lot, building or structure
is located, shall not be changed except to a use which is permissible within such
zone or where approved by the Committee of Adjustment and a building permit
has been obtained, where required, from the Chief Building Official. (See
Section 2. 2.)
4.6
Converted Dwellings and Basement Apartments
1.
A single detached dwelling may be converted provided:
a. Each unit after conversion contains a minimum floor area of 51
m2
548.9 ft. 2] 1
b. The building is structurally suitable for the proposed conversion;
c. The external appearance of the building as a single detached dwelling is
preserved;
d. The maximum number of dwelling units in a converted dwelling shall
be limited to three ( 3) only.
e. Any basement located below the regulatory flood line shall remain non -
habitable.
4.7
Cumulative Standards
Despite anything contained in this By- law, where any land, building or structure is
used for more than one purpose, all provisions of this By- law relating to each
use, building and structure shall be complied with.
When a building, structure or lot accommodates more than one use, the delivery
space requirements, loading space requirements and parking space
requirements for such a building, structure or lot shall be the sum of the
requirements for the separate uses thereof, unless exempted elsewhere in this
By- law.
Section 4 - 7
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Zoning By-law 2011- 7100
SECTION"
PROVISIONS
4.8
Dwelling Unit in a Non -Residential Building or on a Non -
Residential Lot
Where an accessory dwelling or accessory dwelling unit is a permitted
use in a non- residential building or on a non- residential lot, the following
requirements shall apply:
a. The dwelling or dwelling unit complies with Section 4. 1.
b. The dwelling or dwelling unit shall have a separate parking space as set
out in Section 4.32.
c. The dwelling shall comply with all applicable setbacks and other zone
standards for the zone in which the dwelling is located.
d. No dwelling unit shall be permitted in a commercial building used for an
automotive service i. e. auto body shop, auto repair garage, automotive
service station, automotive sales establishment, automotive washing
establishment, gasoline bar, gasoline card lock facility, commercial
parking lot, a recreational vehicle sales, storage and repair
establishment, or a sales, storage and repair establishment for boats,
snowmobiles, all terrain vehicles or similar sports equipment.
e. The minimum floor area for a dwelling unit shall be:
i.
Bachelor unit -- 38
m2 [ 409 ft.
2]
ii.
1 Bedroom Unit - 56
m2 [ 602. 7 ft.
2]
iii.
2 Bedroom Unit -- 65
m2 [ 699. 6 ft.
2]
iv. For each additional bedroom -- 9. 5
m2 [ 102.2 ft.
2]
4.9
Established Building Line
Despite the yard and setback provisions of this By- law, where a permitted
building or structure is to be erected on a lot in an urban area where there is an
established building line, such permitted building or structure may be erected
closer to the street line than required by this By- law provided such building or
structure is not erected closer to the street line than the established building
line on the date of the application for a building permit. Despite the above, the
setback shall not be reduced to less than 6 m [ 19. 7 ft.] in any zone where a
parking space is required in front of the building line.
Section 4 - 8
The Corporation of the City of Timmins
4. 10
Fences
Zoning By-law 2011- 7100
Any fence erected hereafter within the municipality shall conform to the
provisions of the City' s Fence By -Law as may from time -to -time be enacted
under the Municipal Act or the provisions of the Line Fences Act.
4. 11
Flood Plain
1.
Modification of the flood plain through filling, excavation or by other means is
prohibited unless the appropriate approvals are obtained from the Mattagami
Region Conservation Authority. For the purposes of this By- law, the flood
plain includes all lands below the elevation of the regulatory flood line,
whether defined by a Regional Storm event or a 1 in 100 year flood event for
all water bodies.
2. Subject to the approval of the Municipality, no new buildings or uses shall
be permitted to be constructed within any floodway except as follows:
Permitted Uses in a Floodway
a. Buildings or structures intended for flood or erosion control or slope
stabilization;
b. Conservation use without buildings or structures;
c. Parks without buildings or structures;
d. Parking area;
e. Hydro -electric generating facilities or a utility corridor;
A dock, wharf, boathouse, boat port, float plane hangar or similar marine
facility;
g. A water supply or waste water management facility intake or outfall and a
dry hydrant;
h. Municipal infrastructure, utilities and utility crossings where a river
crossing is required;
i.
Accessory buildings or structures to a permitted residential use provided
the floor area does not exceed 58
m2 [ 624. 3 ft.
2] and complies with all
other provisions of Section 4. 1;
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j. A temporary structure for outdoor recreational uses including but not
limited to a fish but for ice fishing, equipment for a hockey game, a
portable structure capable of being removed from the lands in the event of
a flood event and accessory buildings such as flood -proofed wash rooms,
dug outs and back stops.
3. Subject to the approval of the Municipality, no new buildings or uses shall be
permitted to be constructed within any flood fringe except as follows:
Permitted Uses in a Flood Fringe
a. Any use, building or structure permitted in the underlying zone ( i. e. any
zone delineated by an `-f' on the zoning schedule) provided the following
provisions are met:
i.
That approval by the Mattagami Region Conservation Authority
MRCA) is obtained;
ii.
That any building used for habitable purposes is flood proofed;
iii.
That all building openings ( i. e. doors and windows) are located
above the regulatory flood elevation;
iv.
That a method or procedure to ensure safe vehicular and
pedestrian movement and access or egress from the building and
flood fringe area be provided; and
V.
That the zoning requirements of the underlying zone are met ( See
also Section 4.21).
b. Any use set out in Section 4. 11. 2 a. to i. provided approval is obtained
from the Mattagami Region Conservation Authority ( MRCA).
c. Any use shall also be subject to provisions set out in Section 4.43, if
applicable.
4. Prohibited or Restricted Uses in a Flood Plain
Uses which are prohibited or restricted shall include the following:
a. An institutional use associated with hospitals, nursing homes, pre- school,
school nurseries, day care and schools, where there is a threat to the safe
evacuation of the sick, the elderly, persons with disabilities or the young
during an emergency as a result of flooding, failure of flood proofing
measures or protection works, or erosion;
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b. An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired
during an emergency as a result of flooding, the failure of flood proofing
measures and/ or protection works, and/ or erosion;
c. Uses associated with the disposal, manufacture, treatment and storage of
hazardous substances;
d. A habitable residential building.
5. Realignment of Flood Plain Boundaries
Notwithstanding the provisions of the Zoning By- law relating to Hazard and
Flood Fringe Zones, the City will accept a realignment of their boundaries for
the purpose of permitted land use development if more accurate technical
information and contouring mapping is provided to the satisfaction of the
MRCA.
4. 12 Frontage on a Highway, Street or Road or Private Road and
Exemptions
1.
Highway, Street or Road
Except for a condominium project where the condominium agreement
provides for the ongoing maintenance of any highway, street or road
providing direct access to a dwelling therein or land uses on one lot with
multiple ownership and/or multiple use, no person shall erect any building or
structure in any zone unless the lot upon which such building or structure is to
be erected has sufficient frontage on a highway, street or road (developed
in accordance with municipal standards) as per the requirements of the
respective zone within which the lot is situated. For the purposes of this By-
law a highway, street or road does not include an unopened road
allowance.
2. Exemptions
The requirements for frontage on a highway, street or road shall be
exempted for the following circumstances:
a.
For a public utility;
b.
For any passive outdoor recreational use or activity (e.g. recreational
trails or similar activities) including a camp;
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c.
For a lot with frontage on a navigable waterway in lieu of a highway,
street or road;
d.
Islands;
e.
In a Resort Commercial ( EA -CR), Mining ( EA- IM) or Mineral Extraction
RD -MX) zone structures may be permitted on lots that do not front on an
opened public road provided that access from the lot to an opened public
road is obtained;
For a landlocked parcel accessed by a registered easement or right-of-
way existing on the effective date of this By- law;
g.
For a lot of record where access is provided for by an existing private
road or registered easement or right-of-way.
3. Maintenance or Subdivision Agreement
Despite subsection ( a) above, where a maintenance or subdivision
agreement or other private arrangement exists between the Municipality and
a land owner( s) and is registered on title, frontage on an unopened or
unmaintained highway, street or road or right-of-way shall be deemed to
conform to the provisions of Section 4.12, provided that such frontage is in
conformity with the applicable zone standards or an approved exception to
this Section or as otherwise set out in an agreement with the Municipality.
4. Provincial Highway
In addition to all the municipal requirements, any development adjacent to a
provincial highway is also subject to the requirements and permits of the
Ministry of Transportation.
4. 13
Garden Suites
1.
Subject to the passing of Site Specific Temporary Use By- law under Section
39 of the Planning Act, one garden suite only shall be permitted as a
separate dwelling unit to a permitted main residential use on the same lot,
provided that the minimum lot area is 460 m2 [ 4, 952 ft2], that the maximum
floor area of the garden suite does not exceed 60
m2 [645.8 ft.
2], that the
maximum height of the garden suite is one storey, that the garden suite is
located in a rear or interior side yard and meets the minimum yard and lot
coverage requirements set out in the corresponding zone and is set back a
minimum of 3 m [ 9. 8 ft.] from any rear or side lot line.
2. A garden suite shall only be permitted where the owner of the property has
entered into an agreement with the Municipality under the Planning Act to
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register the name( s) of the occupant( s), to govern the appearance and
maintenance of the structure and its removal when the dwelling has been
vacated, the occupant( s) die or the Temporary Use By- law expires. The
agreement shall include financial assurance acceptable to the Treasurer
equal to the estimated cost associated with the removal of the garden suite
and its services.
4.14 Group Homes
1.
Group Homes shall be permitted in all zones that allow residential uses,
provided they are licensed by the Province and/ or approved under Provincial
Statutes and are in compliance with municipal by- laws.
2. Group Homes shall be permitted only in a single detached dwelling type in
the zones where a single detached dwelling is a permitted use.
3. No group home shall be located closer than 300 m [ 984.2ft.] in distance to
any another group home measured as the shortest horizontal distance
between property lines.
4. 15
Height Exceptions
The height regulations set out in this By- law shall not apply to any of the following
buildings or structures:
Air conditioning system
Chimney
Church spire or belfry
Drying tower
Elevator or stairway enclosure
Enclosed mechanical and electrical equipment
Farm buildings and structures such as a barn, silo or windmill
Flag pole
Forest observation tower
Hydro electric transmission tower
Lighting standards
Lightning rods
Mechanical cooling towers
Mechanical equipment penthouse occupying less than twenty-five percent
25%) of the area of the roof of the building on which it is located
Mine head frame or hoist
Ornamental dome, cupola, turret or clock tower
Receiving and transmitting antenna
Receiving stations and communications or cellular towers
Section 4 - 13
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Satellite dish
Salt dome
Solar panel or solar collector
Smoke stack, exhaust system or heating, ventilation and air conditioning
systems
Ventilating fan or skylight
Water storage tower or tank
Weather vane
Wind turbine
4. 16 Holding Zones
1.
Any parcel or area of land in any Zone may be further classified as a holding
zone with the addition of the suffix "- h". The intent is to signify approval in
principle to future development of the land for the purposes indicated by the
symbol. The holding classification added to a given zone shall restrict
development of the land until such time as the demand for the development of
the land meets the conditions set out in the Official Plan for a holding zone
e. g. rehabilitation of a contaminated site, installation of municipal services).
2. Where a holding zone applies, no lands shall be used and no buildings or
structures shall be erected or used for any purpose other than those uses
existing for such land, building or structure on the date of the passing of this
By- law or an amending by- law that includes a holding zone. Any change from
the holding status shall require an amendment to the By- law to lift the holding
h' symbol and the Municipality may require that the applicant enter into an
agreement for the development of the land prior to the amendment being
approved to remove the holding symbol where such agreement is authorized
by the Planning Act.
4. 17
Home Based Businesses
Despite any other provisions contained in this By- law, for all residential zones
within which home based businesses are permitted, the following provisions
shall apply:
1.
Scope of Permitted Home Based Businesses in an Urban Area:
a. Professional offices and consulting services for a recognized profession
such as: accountants, architects, auditors, dentists, engineers, financial
advisor, insurance agents, land surveyors, lawyers, medical practitioners,
notaries, physician, land use planner, realtors, surveyor;
b. Household occupations including the offering for sale of goods or services
and without limiting the generality of the foregoing may include:
Section 4 - 14
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
dressmaking, tailoring, hairdressing, barbering, esthetician, fitness
training, instructions in music, dancing, art and crafts or academic tutoring
to not more than six pupils or students at any one lesson;
c. Home craft businesses such as weaving, painting, sculpting,
moulding, quilting, pottery, jewellery, visual arts, woodworking, small scale
assembly or otherwise making or repairing of garden or household
ornaments, small appliances, articles of clothing, personal effects,
computers or toys;
d. Offices for contractors and trades such as: plumbing, heating, electrician;
e. High technology uses such as internet services, office call centre services,
desk top publishing, hardware and software development;
f. Distribution sales offices or mail order sales such as cosmetics, clothing or
small household supplies;
g. Private daycare as permitted under the Day Nurseries Act or other
relevant legislation;
h. A bed and breakfast establishment subject to Section 4. 3;
L
Any repair services ( i. e. engine repairs, appliance repairs) which generate
noise or odours are prohibited;
2. Scope of Permitted Businesses in a Rural Area
a. All home based businesses that are permitted in the urban area;
b. Any secondary use to a permitted agricultural use including a home based
business ( as set out above),uses that produce value- added agricultural
products from the farm operation on the property, a farm produce outlet, a
welding or repair shop, commercial school bus or commuter transportation
service, a retail outlet for farm supplies and machinery or other home
industry;
c. Appliance repair;
d. A bait supply.
3. General Criteria for All Home Based Businesses
a. The home based business shall be clearly secondary to the main
permitted residential or agricultural use as the case may be and shall not
create or become a public nuisance because of noise, fumes, dust, odour,
Section 4 - 15
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traffic, parking, health safety or otherwise interfere with the enjoyment of
the residential amenities of the neighbourhood or neighbouring properties;
b. The residential external character of the dwelling unit shall not be
changed;
c. The business shall be conducted entirely within the dwelling unit if
located in an urban area but may be located in an accessory building or a
combination of both if located in a rural area;
d. No machinery or equipment shall be used that is not compatible with a
residential area. Any equipment or machinery related to the home based
business shall be located or stored within the dwelling or accessory
building;
e. See also Section 4. 1 -- Accessory Buildings, Structures and Uses for
provisions relating to the size, height, setbacks and other requirements for
accessory buildings;
f. The business shall not generate excessive traffic and shall not create a
traffic hazard;
g. All deliveries shall take place on the same lot as the business, and in no
case shall any on -street delivery be permitted;
h. The business shall maintain reasonable hours of business and shall be
subject to full compliance with the Municipality' s Noise By- law.
4. Signage
Signs may be illuminated by an external source of light pointed directly onto
the sign. Backlit signs, or neon, flashing, animated or intermittent illuminations
are strictly prohibited.
In addition to the above provisions, any sign shall conform to the provisions of
a sign by- law as may from time -to -time be enacted by the Municipality under
the Municipal Act.
5. Permits
a. The business shall be legal and must have obtained the necessary
permits or licenses from the Municipality and any other applicable
government body having jurisdiction.
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b. A business shall have the approval of the Municipality or the Ministry of
the Environment or its agent for any required on- site water and sewage
disposal system.
Additional Provisions for Home Based Businesses
Description
Urban Area
Rural Area
Maximum number of
1 ( one), excluding a business
home based businesses
1 ( one) only
associated with principle use of the
property ( i. e. farming, lodge etc.)
o
Dwelling only -- 25% up to
Dwelling only -- 25% up to 46 m2
2
Maximum Floor Area of
46 m2 [ 495 ft.2]
495 ft. ]
2
Accessory Building only -- 111 m
a home based business
Accessory Building only -- n/ a
1, 200 ft. ]
Combined -- n/ a
2
2
Combined-- 139 m [
1, 500 ft.2]
Materials and equipment, only if fully
screened by opaque perimeter fence
Outdoor Storage
Not permitted
board fence and vegetative screen)
2. 1 m [ 7 ft.] in height at maturity. The
maximum screened storage area shall
not exceed 74.3 m2 [ 800 ft.2].
Permitted within the maximum
Permitted within the maximum
Indoor storage --
permitted floor area. Excludes
permitted floor area. Excludes
dwelling or accessory
commercial vehicles, portable
commercial vehicles, portable
building
equipment used off-site and
equipment used off- site and trailers.
trailers.
2 ( two) on- site including
3 ( three) on- site including
Maximum Number of
owner/occupant( s). Off-site
owner/occupant( s)
Employees
employees may be employed in
Off-site employees may be employed
the business.
in the business.
Maximum of three spaces for
Maximum of five spaces for business
business ( additional to required
additional to required residential
Number of Parking
residential spaces) including any
spaces) including any commercial
Spaces
commercial motor vehicles. No
motor vehicles. No on- site parking
on- site parking shall be provided
shall be provided for off-site
for off-site employees engaged in
employees engaged in the business.
the business.
Maximum of two ( 2) may be
Maximum of three ( 3) may be parked
Commercial Vehicles
parked on- site provided one is
on- site
parked in a private garage.
Maximum of one, one -axle if
No maximum if parked behind front
Trailers
parked behind front building line or
building line or stored in accessory
in an accessory building.
building
Hours of Business for
shipping/ receiving or
7: 00 am -- 9: 00 pm
7: 00 am -- 9: 00 pm
receiving clients
Section 4 - 17
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Additional Provisions for Home Based Businesses
Description
Urban Area
Rural Area
Maximum of 1 ( one)
Maximum of 1 ( one).
Maximum sign area of 0. 4 m2
Maximum sign area of 0. 8 m2 [ 8. 6
Signs
4. 3 ft.2]
Must be non -illuminated
ft.21
Must be non -illuminated
Facial wall sign only shall be
Maximum height 2 m [ 6. 56 ft.]
permitted
Minimum front yard setback 3 m
9. 84 ft.]
4. 18
Illumination
Illumination of buildings and grounds shall be permitted provided that:
1.
Illumination shall not cause direct or indirect glare on a highway, street or
road that may interfere with traffic or pedestrian safety;
2. Illumination shall not consist of a colour or be so designed or located that it
may be confused with traffic signals;
3. Illumination shall not cause direct or indirect glare on land or buildings in a
residential zone;
4. Illumination shall be directed downward.
Note: Lighting direction and location may also be addressed through site plan
control under the provisions of the Planning Act.)
4. 19 Keeping of Animals
No animals other than domestic pets shall be kept in any urban zone except in
association with a permitted kennel or veterinary establishment. For the
purposes of this By- law, a domestic pet shall not include any hoofed animal or
animal otherwise prohibited by the Municipality' s Animal Control By- law. In a
rural zone, this provision shall not be deemed to limit the keeping of livestock or
the operation of a hunting preserve where such uses are permitted.
4.20
Kennels & Animal Shelters
Despite any provisions in this By- law to the contrary, a commercial or boarding
kennel and animal shelter shall only be permitted in a rural zone. The setback
for a kennel and animal shelter from a lot line shall be 30 m [ 98.4 ft.]. This
provision shall not be deemed to limit a kennel or animal shelter as an
accessory use to a veterinary establishment.
Section 4 -- 18
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
4.21
Land Suitability for Use and Contaminated Lands and
Brownfields
Despite any other provision of this By- law, no habitable building or structure
shall be constructed, erected, altered or used on land which, by reason of its
rocky, low lying, marshy, unstable character, or which is in a flood plain or which
is located or may be located on organic soil unless the proponent or applicant for
development can demonstrate through professionally acceptable engineering
techniques that the physical constraint can be mitigated or overcome, that the
development is approved by the Mattagami Region Conservation Authority or the
Municipality, whichever is applicable and that the requirements of the Ontario
Building Code with respect to construction and the requirements of the Ontario
Water Resources Act, Clean Water Act and the Ontario Building Code with
respect to the installation of an individual on- site sewage and water system,
where required, can be met. ( See also Section 4. 11.) This provision shall not
apply to lands identified as having natural heritage features and areas (see
Section 4.27) or lands identified as having a mine hazard (see Section 4.25).
Any lands identified as a brownfield or contaminated shall not be used unless the
lands have been rehabilitated or measures taken to mitigate known or suspected
contamination and it is demonstrated that no hazard to public health and safety
exists. Any required remediation or rehabilitation or mitigation measures shall be
undertaken using acceptable engineering practices and where applicable,
complies with the requirements of the Environmental Protection Act.
For the purposes of this By- law, the area of the lot which is unsuitable for
development shall be deducted from the total lot area in calculating the minimum
required lot area in a residential zone.
4.22 Landscaping
Except where otherwise regulated by a Site Plan Control Agreement, the
following landscaping requirements shall apply:
1.
Planting Strip Location and Purpose
Where, in a yard in any zone, a parking area which is required to provide for
more than four (4) off-street parking spaces abuts an existing residence or a
lot in a Residential Zone, or where any lot in an Industrial, Commercial or
Institutional zone abuts an existing residence or a lot in a Residential Zone,
then a continuous strip of landscaping having a minimum width of 7. 5 m
24.6 ft.] shall be provided along the abutting lot ( except for a wayside pit or
quarry) line of the lot. Landscaped materials shall be of sufficient size and
type to effectively provide a visual screen between the particular properties.
A combination of landscaped berms and fencing may also be used to provide
Section 4 - 19
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
a visual screen. In any zone, any portion of any front yard which is not used
for another permitted use shall be devoted to landscaping.
2. Height of the Planting Strip
The required height of the planting strip where required as part of
landscaping shall be 2 m [ 6. 56 ft.] along a side or rear lot line or 0. 9 m [ 2. 95
ft.] along a front lot line and shall be measured in relation to the edge of the
adjacent area to be screened. In such cases where the average finished
grade, of the location at which the screen is to be planted is less than the
average finished grade of the edge of the adjacent area, the required height
of the screen shall be increased in an amount equal to the difference in
elevation. In the event that the averaged finished grade of the location at
which the screen is to be planted is greater than that at the edge of the
adjacent area, the minimum height of the screen shall apply.
Despite the above, no planting strip shall exceed a height of 0. 9 m [ 2. 95 ft.]
within the front yard setback required in a residential zone
3. Interruption of Planting Strip for Driveways, Lanes or Pedestrian Walks
In all cases, where ingress and egress driveways, lanes or pedestrian walks
extend through a required planting strip, it shall be permissible to interrupt the
required planting strip.
4. Merchandise in Landscaped Strip
No commodity, merchandise, stock in trade or other article of trade or
commerce shall be placed, maintained or allowed to remain at any place
within a landscaped planting strip.
5. Existing Vegetation and Planting Conditions
Existing vegetation, in the form of mature trees and shrubs, shall be
preserved on any lands in any zone to the maximum extent possible
consistent with the siting of a building or structure on such lands.
The selection of plant varieties shall take into consideration regional climatic
conditions, constraints of location, effectiveness in screening adjacent
properties, resistance to disease and insect attack, plant hardiness and ease
of continuous maintenance. Planting materials shall be installed using
acceptable horticultural practices and planting materials shall consist of
healthy nursery stock.
All required plantings shall be maintained in an attractive manner and healthy
condition which includes the reinstatement or replacement of plantings that
Section 4 - 20
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
do not survive to ensure continued compliance with landscaping
requirements. All required fences and walls shall be permanently maintained
in good repair and presentable appearance and wherever necessary they
shall be repaired or replaced.
6. Shrubbery
Any hedges or shrubbery may be planted, maintained or grown along any lot
line, provided that it complies with the provisions for sight triangle of
Section 4.37 of this By- law.
7. Site Plan Control
The provisions for landscaping as set out in this Section shall not be
deemed to limit the Municipality's authority to impose other landscaping
measures through the site plan control process under Section 41 of the
Planning Act.
4.23 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with the
requirements of the City' s Building By- law or any other By- law in force within the
Municipality or from obtaining any permit, license, permission, authority or
approval required by this or any other By- law of the Municipality. When the
regulations or requirements of any agency or governmental authority impose
greater restrictions than imposed by this By- law, the greater restrictions shall
apply.
4.24 Loading Space Requirements
For every building or structure hereafter erected for a commercial, institutional or
industrial use, involving the frequent shipping, loading or unloading of persons,
animals, wares, merchandise or other goods, there shall be provided and
maintained loading facilities or spaces in accordance with the following
requirements:
1.
Each loading space shall have a minimum height clearance of 4. 5m [ 14.7ft.]
and shall be at least 3. 5m [ 11. 4ft.] in width by 10 m [ 32.8ft.] in length.
2. Loading facilities shall be located on the same lot and in the same zone as
the use served unless otherwise specified.
3. For each loading space, there shall be an accompanying maneuvering apron
not less than 3. 5 m [ 11. 4 ft.] in width by 10 m [ 32. 8ft.] in length.
Section 4 - 21
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
4. Loading spaces shall be located in a rear or side yard, on the same lot on
which the main use is located, and shall have unobstructed ingress and
egress to and from a highway, street or road by means of a driveway, lane
or maneuvering aisle having a minimum width of 6 m [ 19.7ft.].
5. Loading spaces shall be so designed and located so that trucks shall not be
required to back out onto a highway, road, street or lane.
6. No loading space, open or enclosed, shall be located in the required front
yard or in the area between the front lot line of the main building and the
required front yard.
7. No loading area shall be located within 9 m [ 29.5 ft.] of the nearest point of
the intersection of any two ( 2) street lines.
8. Where a loading area is situated adjacent to a lot line abutting a Residential
zone or an intervening lane separating such loading area from a Residential
zone, the loading area shall be completely screened there from by building
walls or a uniformly painted solid fence, landscaping, retaining wall or door or
any combination thereof, not less than 2. 5 m [ 8. 2 ft.] in height.
9. Adequate on-site drainage shall be provided and maintained in accordance
with the requirements of the Municipality.
10. The loading space( s) and approaches shall be maintained with a stable
surface that is treated to prevent the raising of dust or loose particles.
11. The number of required loading spaces shall be based on the floor area of
the building or structure and shall be required for any new development or
use or for an increase in the intensity of an existing use and shall be in
conformity with the requirements for loading spaces set out in the following
charts:
Section 4 - 22
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
a.) Commercial and Institutional Buildings and Uses
Floor Area
Loading Spaces Required
0-
925M2
0
0 - 9, 957 ft.
2]
925-
1, 850
1
9, 957 - 19,914 ft.2]
1, 850 - 4, 000 m2
3
19, 914 ft.
2 - 43,057 ft.
2]
2
4, 000. 1 m2 - 6, 000 m2
4,
plus
one (
1)
additional
space
for
43,057 ft. 2 - 64,585 ft.2]
3
6, 000. 1 m2 - 10, 000 m2
ft.
2]
or
part
thereof
64, 585 ft.2- 107,642 ft.2]
4
Over 10, 000 m2
4, plus one ( 1) additional space for
107, 642 ft.
2]
each 4, 000 m2
19, 914 ft. 2] or part thereof
b.) Industrial Buildings and Uses except in an EA -IM or RD -MX Zone
Floor Area
Loading Spaces Required
0-
3, 749 m2
1
0 - 40,355 ft.
2]
3, 749. 1 -
9,250
m2
2
40,355 - 99,558 ft.I
9, 250. 1 -
18, 500 m2
3
99, 569 - 199, 139 ft.
2]
Over 18, 500 m2
4,
plus
one (
1)
additional
space
for
199, 139 ft.2]
each additional 18, 5000 m2 [ 199, 139
ft.
2]
or
part
thereof
12. In the case of a shopping centre, or grouped commercial uses in a single
building, the number of loading spaces shall be calculated separately for
each building based on the commercial floor area of that building.
13. The loading space requirements stated in subsection (11) above shall not
apply to buildings or structures in existence as of the date of passing of this
By- law where there is a deficiency but shall apply to areas of any expansion
or enlargement to such buildings or structures for which building permits have
been issued after the date of passing of this By- law.
Section 4 - 23
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
14. Despite the provisions of this Section, no loading spaces shall be required
for a permitted hotel or motel in an EA -CG Zone except that 1 ( one) space
shall be required if the hotel or motel contains a restaurant.
4.25
Mine Hazard
Any lands identified as having a known mine hazard or zoned RD- HAZ- MIN
shall not be used unless the mine hazard has been rehabilitated or measures
taken to mitigate known or suspected hazards or it are demonstrated that no
hazard to public health and safety exists. Any required remediation or
rehabilitation or mitigation measures shall be undertaken using acceptable
engineering practices and where applicable, complies with the requirements of
the Mining Act. The only use permitted on lands zoned RD- HAZ-MIN shall be
directly related to mining activities ( e. g. Mineral Mining Operations including
mineral processing)
The provisions for addressing a mine hazard as set out in this Section shall not
be deemed to limit the Municipality's authority to impose other measures
through the site plan control process under Section 41 of the Planning Act.
4.26
Minimum Separation Distances
No person shall use any land, building or structure for a sensitive land use (e.g.
residential use, daycare centre, educational or health facility) or for a use that
would impact a sensitive land use or other use as identified unless it complies
with the following minimum separation distances. Separation distances shall be
measured as set out for the respective requirement.
1.
Waste Management Facility
a. No development shall be permitted within 30 m [ 98.4 ft.] of the perimeter
of the licensed fill area of a waste management facility.
b. No waste management facility shall be located within 30 m [ 98.4 ft.] of the
high water mark of any water body. The distance separation shall be
measured from the property boundary of the waste management facility.
c. In addition, no waste management facility shall be permitted on land
covered by water or in any area subject to flooding [see Section 4.11].
2. Industrial Uses
a. Class I Industrial: The influence area of a Class
I industrial use shall be
70 m [ 230 ft.]. No lands within the influence area shall be used for an
industrial use or a sensitive land use except where otherwise justified by
Section 4 - 24
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
a technical study. Where justified and demonstrated that there would be
no adverse effects, the minimum separation distance for this industrial
classification from a sensitive land use and vice versa may be reduced
up to but not less than the recommended minimum separation distance of
20 m [ 65.6 ft.].
b. Class II Industrial: The influence area of a Class II industrial use shall
be 300 m [ 984 ft.]. No lands within the influence area shall be used for an
industrial use or a sensitive land use except where otherwise justified by
a technical study. Where justified and demonstrated that there would be
no adverse effects, the minimum separation distance for this industrial
classification from a sensitive land use and vice versa may be reduced
up to but not less than the recommended minimum separation distance of
70 m [ 230 ft.].
c. Class III Industrial: The influence area of a Class III industrial use shall
be 1000 m [ 3, 280 ft.]. No lands within the influence area shall be used for
an industrial use or a sensitive land use except where otherwise justified
by a technical study. Where justified and demonstrated that there would
be no adverse effects, the minimum separation distance for this industrial
classification from a sensitive land use and vice versa may be reduced
up to but not less than the recommended minimum separation distance of
300 m [ 984 ft.].
d. For mining redevelopment projects -- defined as the redevelopment of a
historical mining site that was previously mined for commercial purposes
but ceased operations without proper closure -- the actual separation
distance will be determined through technical studies demonstrating that
there would be no adverse impact on the nearby sensitive land uses. A
site plan control agreement and consultation will be required as set out in
the Site Plan Control By- law 2011- 7038 or as amended.
e. The separation distance shall be measured as the shortest horizontal
distance from property line to property line. The separation distance may
be measured from the closest distance of a the property line of a
sensitive land use to the building line of an industrial building, or an
approved outdoor storage area under the following circumstances:
L
Where the intervening area is devoted to and exclusively used for
landscaping; and/or
iii.
Where the intervening area is used exclusively as a non-employee
parking area.
Section 4 - 25
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
3. Pits and Quarries
a. The influence area between any pit and any sensitive land use shall be
1, 000 m [ 3, 280 ft.] measured as the shortest horizontal distance from the
zone boundary of the RD -MX Zone or the maximum approved limit of the
excavation, whichever is the lesser, and the closest property line of the
sensitive land use unless technical studies and or the use of mitigative
measures can demonstrate that the minimum separation distance can be
reduced to 300 m [ 984 ft.] without any adverse effects The separation
distance shall apply on a reciprocal basis with respect to establishing a
new pit. This provision shall not apply to infill on any existing lot of record
approved or zoned for a sensitive land use as of the effective date of this
by- law.
b. The minimum separation distance between any quarry and any sensitive
land use shall be 500 m [ 1, 640 ft.] measured as the shortest horizontal
distance from the zone boundary of the RD -MX Zone or the maximum
approved limit of the excavation, whichever is the lesser, and the closest
property line of the sensitive land use. The separation distance shall
apply on a reciprocal basis with respect to establishing a new quarry. This
provision shall not apply to infill on any existing lot of record approved or
zoned for a sensitive use as of the effective date of this by- law.
c. The minimum setback between any pit or quarry and any highway, street
or road (other than an access driveway), shall be 30 m [ 98.4 ft.].
d. The minimum separation distance between any pit or quarry and any
non- residential property line shall be 15 m [ 49.2 ft.].
e. All operations for extraction shall be carried on with a minimum of
disturbance to surrounding uses, and a strip of land not less than 7. 5 m
24.6 ft.] in width along the boundary of adjacent uses shall be adequately
landscaped in accordance with Section 4.22 -- Landscaping of this By-
law
4. Agricultural Use
Any livestock facility, manure facility or dwelling shall comply with the
Minimum Distance Separation Formulae (MDS) I and II. This provision
shall not apply to infill on any existing lot of record approved or zoned for a
sensitive use as of the effective date of this by- law and which is 2 ha [ 5 ac.]
or less in size. For the purposes of the MDS, any cemetery shall be classified
as a Class B land use. Existing non-farm residential uses may be replaced
where destroyed by a catastrophic event and will be exempted from MDS
and II. MDS
I shall not limit the expansion of an existing use or the
construction of accessory buildings and structures on the property.
Section 4 - 26
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
5. Setback from a Provincial Highway
The setback shall be the setback distance as set out in the applicable zone
in this By- law or as determined by the Ministry of Transportation, whichever is
the greater.
6. Water Body
a. Residential Setbacks
Subject to Section 4. 11- Flood Plain, the minimum setback from a water
body (excluding a boat house, boat port, float plane hangar, pump house,
dock or wharf) for an on- site sewage disposal system, building or
accessory structure shall be 20 m [ 65.6 ft.]. The setback shall be
measured as the shortest horizontal distance from the nearest main wall
of the building or structure or the edge of the filter bed/ tile bed to the high
water mark or regulatory flood line, whichever is the greater.
b. Commercial Setbacks
Subject to Section 4. 11- Flood Plain), the minimum setback from the
water body (excluding a boat house, boat port, float plane hangar, pump
house, dock or wharf) for an on- site sewage disposal system, building or
accessory structure shall be 30 m [ 98.4 ft.]. The setback shall be
measured as the shortest horizontal distance from the nearest main wall
of the building or structure or the edge of the filter bed/ tile bed to the high
water mark or regulatory flood line, whichever is the greater.
c. Industrial Setbacks
Subject to Section 4. 11 - Flood Plain, the minimum setback from a water
body for a pit or quarry shall be 50 m [ 164 ft.]. The setback shall be
measured as the shortest horizontal distance from the nearest main wall
of the building or structure to the high water mark or regulatory flood line,
whichever is the greater.
7. Septage or Communal Sewage Disposal System
a. No dwelling or associated well shall be erected within 200 m [( 656. 1 ft.] of
the boundary of any land zoned or proposed for septage disposal, a waste
stabilization pond or wastewater treatment plant.
b. No new commercial, industrial or institutional development requiring a well
shall be located within 75 m [( 246 ft.] of any land zoned or proposed for
septage disposal, a waste stabilization pond or wastewater treatment
plant.
Section 4 - 27
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
c. No septage disposal, waste stabilization pond or wastewater treatment
plant shall be located:
L
Within 200 m [ 656. 1 ft.] of a dwelling or associated domestic well.
ii. Within 150 m [ 492. 1 ft.] of any uncased well or abandoned well or
within 75 m [ 246 ft.] of any well with a minimum casing depth of 6 m
19. 6 ft.] associated with any non- residential use.
iii. Within 75 m [ 246 ft.] of any land proposed for non- residential
development requiring the installation of a well.
iv. Within 750 m [ 2, 460 ft.] of any existing or proposed subdivision.
v. Within 180 m [ 590. 5 ft.] of the high water mark of any surficial water
body.
A
Within 30 m [ 98.4 ft.] of the right-of-way limit of a highway, street or
road allowance.
vii. Within 60 m [ 196. 8 ft.] of any land used for livestock pasturing.
8. Hydro Electric Power Transmission Corridor
No dwelling shall be erected within 30 m [ 98.4 ft.] of the right-of-way limit of
a power transmission corridor carrying a 250 KV line or greater.
9. TransCanada Pipeline Corridor or Gas Utility
Development adjacent to the Trans -Canada Pipeline corridor or facility shall
comply with the construction and setback standards of Trans -Canada
Pipelines and more particularly, no permanent building or structure shall be
located within 7 m [ 22. 9 ft.] of the pipeline right-of-way. Despite this
requirement an accessory structure as defined in this By- law may be located
no closer than 3 m [ 9. 84 ft.] from the limit of the right-of-way.
10. Railways
No dwelling shall be erected within 30 m [ 98.4 ft.] of the right -of way limit of a
railway. Where a noise and/or vibration study indicates that the setback shall
be greater than 30 m [ 98.4 ft.], the greater setback shall apply.
Section 4 - 28
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Ii ` RYWYMMi Irm PIM
No wind turbine shall be located closer to a property line or to a dwelling on
an adjacent lot than prescribed under the Green Energy and Green Economy
Act, 2009.
12. Airport Noise
No sensitive land use shall be permitted in the vicinity of the airport where
the use would be exposed to a noise exposure forecast (NEF/ NEP) in excess
of 30.
4.27
Natural Heritage Features and Areas
Development and site alteration shall not be permitted in significant habitat of
endangered and threatened species or significant wetlands. Development and
site alteration may be permitted in significant wildlife habitat and in areas or
natural and scientific interest where it is demonstrated that there will be no
negative impacts on the natural heritage features or areas or their ecological
functions. Development and site alteration shall not be permitted in significant
fish habitat except in accordance with provincial and federal requirements or
approvals.
4.28
Non -Conforming and Non -Complying Uses
1.
Non -Conforming Uses
Where a building or structure was erected prior to the date of the passing of
this By- law, on a lot having less than the minimum provisions required by this
By- law or where more than one single detached dwelling is located on one
lot, or where such building or structure is used for a purpose not permitted in
the zone in which it is situated but is a legal non -conforming use under the
Planning Act, or where the building or structure has been erected prior to the
date of the passing of this By- law and is non -conforming with respect to
certain requirements of this By- law, the said building or structure may be
reconstructed, repaired, or renovated provided that:
a. The building or structure has been damaged or destroyed by causes
beyond the owner' s control;
b. Any change of use shall be to a use which is permitted within the zone in
which the building or structure is situated;
Section 4 - 29
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
c. The reconstruction, repair or renovation of the building or structure shall
not further reduce the required setbacks or other applicable provisions of
this By- law;
d. The reconstruction, repair or renovation does not constitute an addition or
enlargement of any building or structure;
e. All other applicable provisions of this By- law are complied with.
2. Prior Building Permits
Nothing in this By- law shall prevent the erection or use of any building or
structure for which a building permit has been issued under the Building Code
Act prior to the passing of this By- law, so long as the building or structure
when erected is used and continues to be used for the purpose for which it
was erected and provided the permit has not been revoked under the Building
Code Act.
3. Accessory Buildings
Nothing in this By- law shall prevent the use of any land, building or structure
accessory to an existing legal non -conforming use provided that such
accessory use of land, building or structure complies with all other relevant
provisions of this By- law.
4. Voluntary Reconstruction
Nothing in this paragraph shall prohibit the voluntary demolition of all or part
of a building or structure and the reconstruction of a new part or the whole of
a building or structure on the same building footprint provided that the
reconstruction occurs within five years from the date of the issuance of the
demolition permit, does not constitute an addition or enlargement of the
building or structure or further reduce the requirements of this by- law and
provided all requirements of the Ontario Building Code are complied with.
5. Existing Undersized Lots
Despite anything else contained in this By- law, where a vacant lot having a
lesser frontage and/or area than is required by this By- law is held under
distinct and separate ownership from adjoining lots, according to the register
for land in the Land Titles on the date of the passing of this By- law, it may be
used for a purpose permitted in the zone in which the said lot is located,
provided it can be adequately serviced with water and sewage services, has a
suitable building envelope and provided that all other applicable provisions in
this By- law are complied with.
Section 4 - 30
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
6. Non -conforming Residential Uses
Notwithstanding any provision of this By- law and any predecessor thereto, the
size of any residential lot in any residential zone of this By- law and the
location thereon of any residential structure or structure accessory thereto
which existed on or before January 1, 2010 which does not comply with the
relevant regulations for minimum yards, maximum lot coverage, separation
distances between the main structure and accessory structures, off-street
parking, number of dwellings and number of dwelling units shall be deemed to
be legally non -conforming with respect to the regulations.
7. Land Division Causing Contravention of by-law
No lot shall be reduced in area, either by conveyance, or other alienation of
any part thereof or otherwise, where any other applicable standard is reduced
below the minimum required in this By- law unless permitted by the Committee
of Adjustment.
8. Conveyance to Public Authority
No lot, building or structure contravenes any provision of this by- law by
reason of the fact that any part of the lot has been conveyed to or acquired by
a public authority.
9. Addition to Existing Building or Structure
Nothing in this By- law shall prevent the renovation, extension or addition to a
building, structure or individual on- site sanitary sewage disposal system
which is used for a purpose specifically permitted within the zone in which
such building or structure is located and which building or structure existed at
the date of passing of this By- law but which building or structure does not
comply with one or more of the zone requirements of this By- law, provided
such renovation, extension or addition does not further reduce the
requirements of this By- law and does not contravene any other requirements
of this By- law or any requirements of Ministries and agencies.
10. Change of Use
The use of any lot, building or structure which is not permitted in the zone in
which it is located shall not be changed except to a use which is listed as a
permitted use in such zone or to a use which is authorized by the Committee
of Adjustment pursuant to its powers under the Planning Act.
Section 4 - 31
The Corporation of the City of Timmins
4.29 Occupancy Restrictions
Zoning By-law 2011- 7100
Human habitation shall not be permitted in any of the following buildings,
structures, or parts thereof:
1.
Any private garage or other building which is accessory to a residential use;
2. Any truck, bus, recreational vehicle, coach or streetcar body whether or not
the same is mounted on wheels;
3. Any storage container.
Despite the above, seasonal or temporary accommodation shall be permitted in a
recreational vehicle where such use is a permitted use in the zone in which it is
located.
4.30 Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display
except as permitted by this By- law and as an area which has been specifically
designed and set aside for such purpose, is fully integrated with the main use of
the lot and is in accordance with the following:
1.
Outside storage may be accessory to a permitted or existing non- residential
use on the same lot.
2.
No outside storage shall be permitted in any front yard or exterior side yard,
except in the case of an agricultural use, nor within any side or rear yard,
where the side or rear lot lines of a non- residential use abut any Residential
Zone unless screened in accordance with 4.30.3.
3.
Any outside storage area shall be screened through the installation of a
planting strip ( see Section 4.22) where the outside storage area will be
visible from any highway, street or road, or from any adjacent lot zoned or
use for a residential use. This provision shall not apply to a permitted
agricultural use or for outdoor display use in conjunction with a permitted
commercial use.
4. Any areas used for outside storage shall be in addition to any minimum off-
street parking or loading areas required by this By- law;
5.
Any outside storage area shall be maintained as landscaped open space or
surfaced and maintained with stable materials to prevent the raising of dust
and particles, and properly drained. This shall not apply where the main use
is an agricultural use.
Section 4 - 32
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
6.
An outdoor display or sales area shall be permitted in association with any
permitted commercial, industrial or public use, provided that the display or
sales area does not occupy any required parking or loading area, does not
constitute a traffic safety hazard and is setback a minimum of 3 m [ 9. 84 ft.]
from any front lot line. Despite this provision, seasonal sales (e. g. Christmas
trees) or a temporary truck load sale ( i. e. weekend) or a yard sale shall be
permitted to occupy a designated parking area.
7.
Outside Storage in an Industrial Zone shall be permitted only in accordance
with the following provisions:
a. There shall be no outside storage in the front yard or exterior side
yard;
b. There shall be no outside storage in any yard abutting a Residential or
Institutional Zone;
c. All outside storage shall be enclosed within a fence or landscaping or a
combination of both which shall be installed to a minimum height of 2.4 m
7. 8 ft.] and which shall be maintained in good condition.
4. 31
Parking and Storage of Vehicles
General
For all buildings and structures erected and all uses of land established after
the effective date of this By- law, accessory off-street parking facilities shall
be provided and maintained in accordance with regulations of the zones in
which such buildings or uses are located. Such parking facilities shall be
located on the same lot and in the same zone as the uses served unless
otherwise specified.
Nothing in this By- law shall be deemed to prohibit the voluntary
establishment of off-street parking facilities to serve any existing or future
use of land or buildings, provided that all requirements relating to the
location, design and operation of such facilities are satisfied.
2.
Rounding of Requirements
Despite Section 4.33, if the calculation of the minimum parking space
requirement results in a fraction, the minimum requirement shall be the next
higher whole number (e.g. 7. 23 spaces shall be deemed to require 8 parking
spaces).
Section 4 - 33
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Off-street parking shall not be required in any EA -CG Zone in a downtown
area except for a permitted residential use, retirement home, hotel and
motel.
4. Change in Use
Intensity
a. When the intensity of use of any building, structure, or
premises is increased through the addition of
dwelling units, floor area, seating capacity, or other
units of measurements specified herein, the parking
facilities required herein shall be provided for such
increases in intensity of use.
New use
b. Whenever the existing use of a building or structure
shall hereafter be changed to a new use, parking
facilities shall be provided as required for such new
use. However, if the said building or structure was
erected prior to the effective date of this By- law,
additional parking facilities are mandatory only in the
amount by which the requirements for the new use
shall exceed those for the existing use if the latter are
subject to the parking provisions of this By- law.
c. Accessory off-street parking facilities in existence on
the effective date of this By- law and located on the
same lot as the building or use shall not hereafter be
reduced below, or if already less than, shall not be
further reduced below the requirements for a similar
new building or use under the provisions of this
By- law.
5. Multi -uses
Unless permitted elsewhere in this By- law, where two or more uses are
permitted in any one building or on any one lot, then the off-street parking
requirements for each separate use shall be calculated to determine the total
number of off-street parking spaces to be provided.
6. Abandoned Equipment
Unused and discarded motor vehicles, farm implements and similar
abandoned equipment, may not be located or stored in any zone, unless it is
a permitted use.
Section 4 - 34
The Corporation of the City of Timmins
4.32
7. Motor Vehicle Without Current License Plates
Zoning By-law 2011- 7100
Despite any other provisions of this By- law, no person may use any lot in any
zone for the parking or storage of any vehicle that does not have current
license plates, unless it is a permitted use, except that one such vehicle may
be stored inside a private garage in a Residential Zone and any number of
such vehicles may be stored within a motor vehicle service building.
Design of Parking Areas and Spaces
1.
Requirements for Parking Areas with More than Four Parking Spaces
Where in this By- law parking areas for more than four vehicles are required
and or provided for the following standards shall apply:
Drainage
a. Adequate site drainage shall be provided and
maintained in accordance with the requirements of
the Municipality.
Landscaping
b. A parking area in any zone which abuts or is
opposite to an existing residential use and/ or a lot in a
Residential Zone shall provide a strip of landscaping
having a minimum width of 3 m [ 9.84 ft.] for a
commercial use and 7. 5 m [ 24.6 ft.] for an industrial or
institutional use along the abutting or opposite lot line
to the existing residential use and/or Residential Zone
as required by Section 4.22 -- Landscaping.
Lighting
c. The lights used for illumination of parking areas shall
be so arranged and/or designed to divert the light
away from adjacent lots or from interference with
highway, street or road traffic. In no instance shall
bare incandescent bulbs be used for such
illumination.
Restrictions
d. The parking area shall not be used for the display,
advertisement, sale, repair, dismantling or wrecking of
any vehicle, equipment or material.
e. Visitor Parking in a non-residential zone shall not be
permitted in an interior side or rear yard.
Despite the above, parking for a Waste Management
Facility or Extractive Industrial Zone or a use in a rural
area may be permitted in any yard provided that the
Section 4 - 35
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
total parking area does not exceed 50% of the total
minimum required front yard for an industrial use.
Screening
f. Adequate screening such as trees and/or fencing
shall be provided on each side that abuts any
Residential Zone.
Structures
g. A structure, not more than 3 m [ 9. 84 ft.] in height and
not more than 4. 5 m2 [ 48.4 ft.2] in area may be
erected in a parking area for the use of attendants in
the area, provided that it complies with the setback
and yard requirements of this By- law, except where
the front yard requirement is less than 1. 2 m [ 3. 93 ft.]
said structure may be located not closer than 1. 2 m
3. 93 ft.] to the front lot line.
Surfacing
h. All parking areas shall have a durable type of
surfacing (examples include cement or asphaltic
binder or gravel) and the limits of said parking area
shall be defined by a fence, curb, or other suitable
obstruction designed to provide a neat appearance,
and prevent the encroachment of vehicles on
adjoining property or landscaping.
ILLUSTRATION OF SOME ALTERNATIVES TO STANDARD CONCRETE AND
ASPHALT PAVING
Porous Paving
Turf Block
Honeycomb
Cobblestone
Pavers
Block
2. Requirements for Parking Areas with More than Four Parking Spaces
Where in this By- law, parking areas for more than four vehicles are required
the following standards for driveways shall apply:
a. Entrance and exit driveways leading to any parking area for vehicular
traffic shall not exceed two in number except where otherwise approved
through Site Plan Control Agreement;
Section 4 - 36
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
b. A driveway leading to any parking area or loading area shall be defined by
a curb of concrete or rolled asphalt. In addition, the driveway shall be
located no closer than 15 m [ 49.2 ft.] from the intersection of the property
line or street lines at a highway, street or road intersection;
c. The location, design and construction of driveways shall with the
standards and requirements of the Municipality.
3. Parking in a Residential Zone
All off-street parking areas, including driveways, access aisles and
maneuvering areas, except parking accessory to a one -family detached
dwelling, a semi- detached dwelling, a duplex, or a converted dwelling, shall
be durable type of surfacing (examples include cement or asphaltic binder or
gravel) which shall be maintained in good condition and free of weeds, dirt,
trash and debris. The surface shall be graded and drained in such a manner
that there will be no low of water onto adjacent properties.
4. Location of Parking in a Residential Zone
In the following residential zones ( i. e. NA -R1, NA -R2, NA -R3, NA- RM1, NA-
RM2, RD -WN, RD -MHP, RD- RE1, RD- RE2), no person may park a motor
vehicle in a required front yard or in a required corner side yard except under
the following provisions:
a. Motor vehicles may be parked on a driveway leading to a parking
space, garage or carport located outside of the front yard or exterior side
yard provided the driveway does not project in front of the front wall of the
residential building and provided the total width of the driveway does not
exceed the maximum size specified in subsection 7;
b. The parking space must have a minimum length of 6 m [ 19. 7 ft.];
c. The parking space must be surfaced with a hard, hard, stable, dust
preventative and permeable material;
d. The width of the parking area must not exceed 50% of the front or corner
side yard or 7. 1 m [ 23.3 ft], whichever is less, while the remainder of the
yard shall be landscaped.
5. Location of Parking in a Non -Residential Zone
In the following non- residential zones ( i. e. EA -CH, EA -CR, NA -CN, NA -IN,
EA -11, EA -12, EA -IAP), no person may park a motor vehicle in a required
Section 4 - 37
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
front yard or in a required corner side yard except under the following
provisions:
a.
The location of the parking is set out in a Site Plan Control Agreement;
b. The parking area is located no closer than 1 m [ 3.28 ft.] to any street line
or a side or rear lot line of the lot provided the abutting lot is zoned for a
non- residential use.
6. Examples of Front Yard Parking Prohibitions
Hr
i2u- Ilin=,
K
I
nil
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nrva. d
9fnvi
7. Parking Facility Standards
0
I
a)
Parking Space Dimensions
Type of Parking
Space
Standard Space
Barrier -free Space
Width
Length
Width
Length
900
3 m ( 9. 84 ft)
6 m ( 19. 6 ft)
4.5 m ( 14. 7 ft)
6 m ( 19.6 ft)
Parallel
3 m ( 9. 84 ft)
7 m ( 22. 9 ft)
4.5 m ( 14. 7 ft)
7 m ( 22. 1 ft)
450
3 m ( 14. 7 ft)
1
6 m ( 19. 6 ft)
4.5 m ( 14. 7 ft)
1
6 m ( 19.6 ft)
Section 4 - 38
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
b)
Minimum and Maximum Requirements for Driveway Entrances, Exits,
Setbacks and Driveways
Minimum width of parking aisle for 450 angle parking
4. 5 m [ 14. 7 ft.]
Minimum width of parking aisle for 900 angle parking
6. 8 m [ 22. 3 ft]
Minimum driveway width in a residential front yard
3 m [ 9. 8 ft.]
Maximum driveway width in a residential front yard
7 m [ 22. 9 ft.]
Minimum width for 1 - way entrance or exit
6 m ( 19.6 ft)
Minimum width for 2 -way entrance or exit
7 m ( 22. 9 ft)
Maximum width for 1 - way entrance or exit
9 m ( 29. 5)
Maximum width for 2 -way entrance or exit
9 m ( 29. 5)
Minimum distance between entrance or exit and any intersection of street
lines
15 m ( 49. 2 ft)
Minimum distance between entrance or exit and any interior side lot line
3 m ( 9. 84 ft)
Minimum interior angle of any entrance or exit at the street line
600
Minimum setback from any front yard lot line for an Industrial or
Commercial Zone abutting a Residential Zone
3 m ( 9. 84 ft)
Minimum setback from any interior side yard lot line for an Industrial or
Commercial Zone abutting a Residential Zone
3 m ( 9. 84 ft)
Minimum setback from any rear yard for an Industrial or Commercial Zone
abutting a Residential Zone
7. 5 m ( 25 ft)
Minimum Width of 2 -way driveway with no access to parking spaces
6 m ( 19. 7)
Minimum Width of 1 - way driveway with no access to parking spaces
3. 5 m ( 11. 5 ft)
c)
Barrier -free Parking Space Requirements
Number of Standard parking spaces
required
Number of Barrier -free Parking Spaces
required
30
1
30-60
2
61- 100
3
For each additional 30 above 100
A minimum of 1 additional space for each
additional 30 above 100 to a maximum of 12
Section 4 - 39
The Corporation of the City of Timmins
8. Commercial Motor Vehicle Parking Standards
Zoning By-law 2011- 7100
a)
Commercial Vehicles in a Residential Zone set out in Table `A'
Maximum vehicle capacity <_ 9, 072 kg GVWR ( Gross Vehicle Weight Ratio)
20, 000 lbs.]
Maximum of two ( 2) vehicles shall be permitted provided one vehicle is parked in
a private garage and the other vehicle is located behind the front building line and
screened by a fence from the adjacent property and front building line
iii.
Vehicle shall be operated by the owner or occupant
iv.
Commercial vehicle trailer not permitted
Provisions for home based business apply ( see Section 4.17 -- Home Based
Businesses)
I
b) Commercial Vehicles in a zone permitting a residential use as set out in
I
Table `B'
Maximum vehicle capacity <_ 9, 072 kg GVWR ( Gross Vehicle Weight Ratio)
20, 000 lbs.] per axle. Maximum three axles.
ii.
Vehicle shall be parked in a private garage or behind the front building line if
screened by a fence from the adjacent property and front building line
iii.
Provisions for home based business apply ( see Section 4.17 -- Home Based
c)
Loading Space Requirements
Gross Floor Area
Number of Loading Spaces required
925 m2 ( 9956. 9 ft.2)
0
925 m2 ( 9956.9 ft. 2) --
1850 m2 ( 65331. 7 ft. 2)
1
For each additional 1850 m2 ( 65331. 7 ft.2)
1
Section 4 -- 40
The Corporation of the City of Timmins
4.33 Schedule for Parking Requirements
Zoning By-law 2011- 7100
In any zone, the owner or occupant of any building or structure erected, enlarged or
changed in use after the date of passing of this By- law shall provide off-street parking in
accordance with the following provisions:
a) Residential Uses
Minimum Number of Required
Parking Spaces
One or two unit dwelling
1 per dwelling unit
Multiple dwelling
1. 2 per unit
Converted dwelling
1 per dwelling unit
Retirement Home
1 per 3 dwelling units
Mobile Home, Park Model Trailer
1 per dwelling unit
Boarding or Rooming House
1 per 4 rooming units
Group Home
1 per dwelling unit plus 1 per employee not
residing on site
Accessory dwelling or accessory
dwelling unit
1 per dwelling unit
Garden Suite
1 per Garden Suite
Seasonal dwelling
1 per dwelling unit
Section 4 - 41
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
b) Commercial Uses
Minimum Number of Required
Parking Spaces
1 per 28 m [ 199. 1 ft.2] of commercial floor
All commercial uses except for the
space. Requirement exempted in a General
following individually identified
Commercial ( EA -CG Zone) except for
uses
residential use, Retirement Home, Motel and
Hotel
Amusement and recreation
facilities, place of assembly,
1 per 4 persons at such facility based on full
bingo hall, community centre,
capacity. Capacity shall be determined on the
casino, club, golf course, curling
basis of the occupancy load permitted by the
rink, skating rink, swimming
Ontario Building Code
pool, marina
Bed & Breakfast Establishment
1 per dwelling unit plus 1 per rentable suite
Campground, Recreational
2 per camp site
Vehicle Park
Clinic
4 per physician, dental or medical professional
or 4 per professional office whichever is greater
Convent and Religious House
1 per 6 residents ( capacity) with a minimum of
3 spaces
Day Nursery
1 per employee plus 1 per 5 children
Educational Institutions
1. 5 per classroom plus 3 per 3. 7 m2 [ 40 ft.2] of
Elementary School
assembly space
1. 5 per classroom plus 3 per 3. 7 m2 [ 40 ft.2] of
High School
assembly space
Commercial School, College or
10 per classroom plus 3 per 3. 7 m2 [ 40 ft.2] of
University
assembly space
1 per 4 persons at such facility based on full
Funeral Home
capacity as determined by the Ontario Building
Code ( occupant load) or Fire Code or 8 per
reposing room, which ever is greater
1 per 22. 9 m [ 246. 5 ft.2] of commercial floor
Highway Commercial Use
space plus spaces for other uses specified
herein
Home Based Business
See Section 4. 17 -- Home Based Business
Section 4 - 42
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Hospital, Nursing Home, Home
Structure
for the Aged, Retirement Home,
1 per physician or medical professional plus 1
Long -Term Care Facility, Health
per 4 employees plus 1 per 3 beds
Institution
conditioners,
pilasters,
eaves
or
gutters,
1 per rentable unit plus 1 per 9. 5 m2 [ 102. 2 ft.2]
Hotel, Motel, Tourist Home
of floor space in public rooms
Industrial Use, Transportation
other
ornamental
structures
Depot, Warehouse and
Balconies,
canopies,
solarium,
gazebo
Wholesale Storage, Light
1 per 95 m2 [ 1, 001 ft.2] of floor space
Manufacturing, Medium
buildings
Industrial, Heavy Industrial,
Mineral Mining Operation
1 per 10 fixed seats and where no fixed seats
Place of Worship
are provided, 1 per 3. 5 m2 [ 37.6 ft. 2] of public
area
Restaurant, Tavern, Drive-
1 per 4 seats at such facility based on full
through Restaurant
capacity plus 10 stacking spaces for any drive-
through restaurant
Shopping Centre, Factory
1 per 22. 9 m [ 246. 5 ft.2] of commercial floor
Outlet, Big Box Retail
space plus spaces for other uses specified
herein
4.34
Permitted Projections
Every part of any yard required by this By- law shall be open and unobstructed by
any structure from the ground to the sky except that those structures listed in the
following table shall be permitted to project into the minimum yards required by
this By- law for the following specified distances:
Permitted Projections
Structure
Maximum Projection Permitted Into
Required Yard
Chimney breasts, cornices, sills, air
conditioners,
pilasters,
eaves
or
gutters,
chimneys, heat pumps, ventilators,
0. 6 m [ 1. 96 ft.] into any required yard
shutters, cornices, parapets, pilasters or
other
ornamental
structures
Balconies,
canopies,
solarium,
gazebo
1. 8 m [ 5. 9 ft.] into any required front, rear or
or unenclosed porches for any residential
exterior side yard
buildings
Section 4 -- 43
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
4.
35
Prohibited
Uses
Except
as
specifically
permitted
in
this
By-
law
no
use
shall
be
permitted
within
the
Municipality
which
from
its
nature
or
the
materials
used
therein
is
declared
to
be
a
noxious
trade,
business
or
manufacture.
4.
36
Public
Uses
Permitted
1.
The
provisions
of
this
By-
law
shall
not
apply
to
the
use
of
any
land
or
the
erection
or
use
of
any
building
or
structure
for
the
purpose
of
public
service
by
the
Municipality
or
any
department
of
the
Government
of
Ontario
or
Canada,
including
Ontario
Power
Generation,
Hydro
One,
or
any
Telephone,
Telegraph,
Telecommunications
Company
or
Gas
Company
including
Trans -
Canada
Pipelines,
and
such
use
or
erection
may
be
permitted
provided
that:
Section
4 -
44
A canopy or portico over a major entrance to an
Canopies or porticos for entrances to
apartment building or commercial building may
apartment buildings and commercial
project into the required yard a distance equal to
buildings
one- half ('/2) the required setback of the building
from the street line
0. 9 m [ 2. 95 ft.] into any required front, rear or
Bay windows, window awnings
exterior side yard over a maximum width of 3 m
9. 84 ft.]
Steps, ramps for use by persons with
No maximum into any required yard
disabilities and walkways
Fire Escapes, exterior stair cases
1. 5 m [ 4. 92 ft.] into a required side or rear yard
only
Hedges, shrubs, trees, freestanding
Unlimited in any yard provided that there is no
walls, flagpoles, light standards,
clothes
visual obstruction in any required sight triangle or
lines and similar structures or features
sight distances associated with an exit or entrance
to a lot or as set out in a City By-law
Fences
As set out in the City' s Fence By-law
Patio deck
1. 8 m [ 5. 9 ft.] into any required front or exterior
side yard (see also Section 4. 1)
A central residential air conditioning unit and / or
heat pump may project into a required front, rear or
Air Conditioning Unit
exterior side yard a maximum of 1. 2 m [ 3. 93 ft.]
and provided that the minimum required yard in
the zone is no less than 2 m [ 6. 56 ft.]
Accessory building or structure
See also Section 4. 1
Fuel pump island and/or canopy for an
As permitted by and as specified in Section 4.2 of
automotive service station or gasoline
this By- law
bar
4.
35
Prohibited
Uses
Except
as
specifically
permitted
in
this
By-
law
no
use
shall
be
permitted
within
the
Municipality
which
from
its
nature
or
the
materials
used
therein
is
declared
to
be
a
noxious
trade,
business
or
manufacture.
4.
36
Public
Uses
Permitted
1.
The
provisions
of
this
By-
law
shall
not
apply
to
the
use
of
any
land
or
the
erection
or
use
of
any
building
or
structure
for
the
purpose
of
public
service
by
the
Municipality
or
any
department
of
the
Government
of
Ontario
or
Canada,
including
Ontario
Power
Generation,
Hydro
One,
or
any
Telephone,
Telegraph,
Telecommunications
Company
or
Gas
Company
including
Trans -
Canada
Pipelines,
and
such
use
or
erection
may
be
permitted
provided
that:
Section
4 -
44
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
a. The lot size, height, coverage and yard regulations required for the zone
in which such land, building or structure is located are complied with;
b. No goods, materials or equipment are stored in the open in a Residential
Zone or in a lot adjacent to a Residential Zone;
c. Any building erected in a Residential Zone under the authority of this
paragraph is designed and maintained in general harmony with the
residential buildings of the type permitted in the zone;
d. Any parking and loading regulations prescribed for these uses are
complied with;
e. Areas not used for parking or other features incidental to the development
or any lot used in a Residential Zone or in a Rural Zone under the
authority of this paragraph shall be landscaped in general harmony with
the surrounding properties.
2. Nothing in this By- law shall prevent the use of any land as a site for a statue,
monument, cenotaph or other memorial structure.
3. A communications facility shall be permitted in any zone save and except
an environmental protection zone or flood plain provided the facility complies
with Industry Canada standards for installation and the consultation protocol
for wireless telecommunications facilities.
4. In addition to the above the Minister of Transportation and the Municipality
and their agents and contractors may use any land in a Rural ( RD) Zone for
the purpose of a wayside pit or quarry provided that no wayside pit shall be
opened within 45 m [ 147.6 ft.] of a public road nor within 60 m [ 196.8] of any
zone other than an Mineral Extraction ( RD -MX) zone and that on completion
of the particular project or contract of road construction the lands shall be
restored to grades and contours and shall be revegetated such that the
rehabilitated area is compatible with the surrounding terrain.
4.37
Sight Triangle
1.
Prohibited Uses
Within any area defined as a sight triangle, the following uses are prohibited:
a. A building, structure, sign or use which would obstruct the vision of drivers
of motor vehicles;
b. A fence, tree, hedge, bush or other vegetation greater than 0. 75 m [ 2. 46
ft.] except a chain link or wire fence;
Section 4 - 45
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
2ECTION"
PROVISIONS
c. A berm or other ground surface which exceeds the elevation of the
highway, street or road by more than 0.75 m [ 2.46 ft.];
d. Any portion of a delivery space, loading space, driveway or parking
space.
2. Sight Distances
For the purposes of this By- law, the following sight distances shall apply:
a. No distance requirement shall apply to in lands zoned General
Commercial ( EA -CG) Zone in the downtown sector;
b. Nine ( 9) m [ 29.5 ft.] in all other zones;
c. Railway Crossing Distances.
Where any highway, street or road crosses a railway at the same grade, no
building or structure shall be erected closer to the point of intersection of the
centre line of both the railway and a highway, street or road than 30 m
98.4 ft.] where automatic signal protection is provided and 45 m [ 147.6 ft.]
where no automatic signals are provided.
4.38
Signs
Outdoor advertising signs or devices shall be permitted accordance with the
provisions of this By-law for setbacks and the City's Billboard By- law and/ or other
City By- laws or as permitted by Site Plan Control Agreement or by the Ministry of
Transportation, where applicable.
Pylon signs shall be setback a minimum of 3 metres ( 10 feet) from any lot line.
4.39
Streets and Parks
In any zone established by this By- law, a highway, street or road, transit facility,
walkways, bike paths, trails and parks are permitted.
4.40
Tent Structures
1.
Prefabricated temporary tent structures may be located in any yard on any
property within any residential zone despite the setback and lot coverage
requirements of Section 4. 1 of this By- law for accessory buildings and
structures subject to the following conditions:
a. Such tent structures shall only be permitted between October 1"
of any
year and April
30th of the following calendar year;
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b. Such tent structures shall be prefabricated and shall consist of a tubular
steel frame covered with a flame -resistant fabric or film;
c. Such tent structures shall be securely anchored to the ground;
d. Such tent structures shall not extend beyond the property or lot lines and
shall not restrict in any manner any required exit from the residential
building on the property/lot;
e. Such tent structures shall be used solely as a temporary motor vehicle
shelter;
f. Such tent structures shall be maintained in a good state of repair.
2.
Tent structures may be located in a rear or side yard on any property with a
residential zone for a period of up to three years at a time subject to prior
approval of a minor variance under the Planning Act (see Section 2. 2 of this
By- law).
3.
Despite Section 4.40. 1, a tent structure may be permitted on a permanent
basis in any yard within any rural area where a residential use is a permitted
use.
4.
The maximum area for a tent structure on a property/ lot shall not exceed 22. 3
m2 [ 240 ft. 2] and the number of tent structures on a property shall not exceed
two (2) in number.
5.
Tent structures authorized under Section 4.40.2 and Section 4.40. 3 shall
conform with Section 4. 1 -- Accessory Buildings, Structures and Uses of
this By- law, the maximum lot coverage set out in Table V--
Residential
Zone Requirements and the maximum number and area requirements for a
tent structure set out in Section 4.40.4 above.
4.41
Temporary Buildings or Structures during Construction
Nothing in this By- law shall prevent the use of land or the use or erection of a
temporary building or structure or a scaffold or other equipment essential to the
construction in progress ( e. g. construction or office trailer, dumpster, garbage
disposal container, fencing, hoarding or barricades etc.) for which a building
permit or other permit has been granted, but only until such time as the work has
been finished or abandoned or such equipment is no longer required in the
opinion of the Municipality. Abandoned, for the purposes of this clause, shall
mean failure to proceed expeditiously with the construction of a work, specifically
the discontinuance of construction for three months or where a building permit
has been revoked under the Building Code Act. Any sign which is erected in
association with a temporary use shall not exceed 3
m2 [ 32. 3 ft.
2].
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4.42 Water Supply and Sewage Disposal Services
No building permit shall be issued for any building or structure which requires
municipal water and sewer services ( i. e. urban area of the Municipality) unless
such services are available and have the capacity to service the development or
are to be installed subject to a valid subdivision or development agreement
providing for such services
i. e. all development shall be connected to municipal
water and sewer services unless otherwise exempted by the Building Code.
For development not requiring connection to municipal water and sewer services,
such development shall be required to comply with the requirements of the
Building Code Act and the Clean Water Act for individual on- site water and
sewage disposal or the Environmental Protection Act and Clean Water Act for
communal water and sewage disposal systems ( i. e. five or more lots/units).
4.43
Water Intake Protection Zones (IPZs)
On any lands located within the Intake Protection Zones (`IPZ1' or `IPZ2'), as
denoted on the Zoning Schedules, no use of land, buildings and structures shall
be permitted, which has the potential to contaminate the municipal water supply.
A disclosure report specifying the nature of the proposed use, its associated
required services and facilities, the activities and operations to be conducted on
site and substances to be used or stored on site may be required to determine
the potential threat of the proposed land use.
Any development or use of land, including expansions, that is deemed to be a
Significant Threat to the City's drinking water source, according to the Mattagami
Region Assessment Report as prepared under the Clean Water Act, shall be
subject to all applicable policies set out in the Mattagami Source Protection Plan,
such as but not limited to Site Plan Control, studies, reports, and management
plans.
4.44 Wind Turbines, Wind Farms and Alternative Energy Systems
The development of new wind turbines, wind farms and alternative energy
systems such as a solar farm within the municipality shall be categorized
according to the following scale of production:
1.
Micro Scale: Shall mean any renewable system that:
a. Is classified as a ` Category A' project as defined by Ontario Regulation
116/01 for Electricity Projects;
b. Has 10kW or less of nameplate generating capacity;
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2ECTION"
PROVISIONS
c. Does not exceed 17 m in height.
2. Small Scale: Shall mean any renewable energy system that:
a. Is classified as a ` Category A' project as defined by Ontario Regulation
116/01 for Electricity Projects;
b. Has 50 kW or less of nameplate generating capacity;
c. Does not exceed 38 m in height.
3. Medium Scale: Shall mean any renewable energy system that:
a. Is classified as a ` Category A' project as defined by Ontario regulation
116/01 for Electricity Projects;
b. Exceeds 50 kW of nameplate generating capacity;
c.
Is between 39 m and 60 m in height.
4. Large Scale: Shall mean any renewable energy system that:
a. Is classified as a ` Category B' or `Category U project as defined by
Ontario Regulation 116/ 01 for Electricity Projects. These projects are
subject to an Environmental Assessment ( Category B) or an individual
Environmental Assessment ( Category C) according to the Environmental
Assessment Act, as amended;
b. Exceeds 61 m in height.
5. All Wind Turbine or Wind Farm or Alternative Energy Systems
developments as categorized above shall only be permitted only if the
following provisions have been satisfied:
a. A Wind Resources Assessment
or environmental assessment, whichever
is required has been completed by the proponent to the satisfaction of the
Municipality and any approval agency;
b. All site requirements have been met to the satisfaction of the Municipality;
c. Alternative energy systems, including but not limited to solar, wind and
bio -energy systems, shall be permitted in any industrial zone or resource
development zone provided that studies be submitted demonstrating that
there would be no adverse effects on adjacent land uses and that the
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setback of any structure required as part of the alternative energy
systems shall not be less than 5 metres [ 16. 4 feet].
d. Alternative energy systems shall comply with the requirements of the
Green Energy and Green Economy Act, 2009 and any regulation enacted
pursuant to the Act.
e. Individual roof mounted solar collector panels having a gross area of less
than 3 square metres ( 32.29 square feet) will be permitted in any zone. An
individual or combination of individual roof mounted solar collector panels
having a gross area greater than 3 square metres ( 32.29 square feet) on
one building located within a residential zone shall require a minor
variance in addition to any requirements set out in the Ontario Building
Code and/or required by the City' s Building Division.
f. Individual ground mounted solar collector panels shall only be permitted in
the rural area of the City. They shall only be permitted in the rear yard and
setback a minimum of 5. 0 metres ( 16.4 feet) from either side or rear lot
line and meet all requirements set out in the Ontario Building Code and/ or
required by the City's Building Division.
g. Only micro scale wind turbines shall be permitted in residential zones
provided they are located in the rear yard, are setback a minimum of 1. 8
metres ( 5. 9 feet) from either side or rear lot line and meet all requirements
set out in the Ontario Building Code and/or required by the City' s Building
Division.
Note: this Section shall not be deemed to limit the Municipality's authority to
impose other measures through the site plan control process under Section 41 of
the Planning Act.)
4.45 Yards
Where any part of a lot is required by this By- law to be reserved as a yard, it
shall continue to be used for such purposes regardless of any change in the
ownership of the lot or any part thereof and shall not be deemed to form part
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
2. Despite the yard and setback provisions of this By- law, in an Industrial Zone,
a railway spur shall be permitted within any required yard or in the area
between the street line and the required setback.
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4.46
Zones
Zoning By-law 2011- 7100
Where a lot is divided into more than one zone under the provisions of this By-
law, the lot shall be used and developed in accordance with the most applicable
zone requirements of this By- law.
Section 4 - 51
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5. 1
Zone Classification
Zoning By-law 2011- 7100
For the purposes of zoning, the Municipality is divided into Zones which are
applicable to the City of Timmins. These zones are named and described in the
following sections, the boundaries of which are shown on the attached Zone
Schedules, herein referred to as a `zoning map°, which forms part of this By- law.
These zones may be referred to by the name or the symbol set opposite the
name of the zone below:
Zone
Zone Symbol
1.
Neighbourhood Area Zones
Low Density Residential
Residential First Density..........................................................................
NA- R1
Residential Second Density....................................................................
NA -R2
Residential Third Density........................................................................
NA -R3
Medium Density Residential
Residential Medium Density 1..............................................................
NA- RM1
Residential Medium Density 2..............................................................
NA- RM2
Commercial
Neighbourhood Commercial...................................................................
NA -CN
Institutional
Institutional...............................................................................................
NA -IN
2. Employment Area Zones
Commercial
General Commercial..............................................................................
EA -CG
Highway Commercial.............................................................................
EA -CH
Resort Commercial................................................................................
EA -CR
Industrial
Light Industrial ( Class
1)............................................................................
EA -11
Medium Industrial ( Class II)......................................................................
EA -12
Heavy Industrial ( Class III).......................................................................
EA -13
Industrial Airpark...................................................................................
EA- IAP
Mining ( Class III).....................................................................................
EA -IM
SalvageYard..........................................................................................EA- ISY
Waste Management Facility...............................................................
EA- IWMF
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3. Resource Development Area Zones
Rural Residential
Residential Estate Type 1...................................................................
RD- RE1
Residential Estate Type 2....................................................................
RD- RE2
Waterfront Neighbourhood....................................................................
RD -WN
Mobile Home Park...............................................................................
RD -MHP
Rural
Rural......................................................................................................
RD -RU
OpenSpace...........................................................................................
RD -OS
HazardLands....................................................................................... RD- HAZ
Hazard Lands --Mine Tailings....................................................... RD- HAZ- MIN
Wetland...............................................................................................
RD -WET
Mineral Extraction..................................................................................
RD- MX
Wellhead Protection Area.................................................................
RD- WHPA
5.2
Use of Zone Symbols
The symbols listed in Section 5. 1 may be used to refer to any of the uses of
land, buildings and structures permitted by this By- law in the said zones and
whenever in this By- law the word "zone" is used, preceded by any of the said
symbols, such zone shall mean any area delineated on the zoning map and
designated thereon by the said symbol.
5. 3
Holding " h" Designation
Other than Holding Zones as specified above, any zone classification detailed in
Section 5. 1 above may be placed in a " Holding" classification by adding to the
zone designation the word " Holding" or the letter " h" as the case may be.( For
example, a Neighbourhood Area - Residential First Density "R I" Zone would
become a Neighbourhood Area Residential First Density -- Holding " NA -R 1- h"
Zone).
5.4
Flood Fringe ' T' Zones
Any zone classification detailed in Section 5. 1 above to which the suffix `f' is
attached is identified as being within the Flood Fringe and is subject to the
requirements of Section 4. 11 of this By- law.(For example, a Rural "RD -RU" Zone
would become a Rural Flood Fringe "RD -RU -f" Zone).
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5.5
Water Intake Protection " IPZ" Zones
Any zone classification detailed in Section 5. 1 above to which the suffix `IPZ' is
attached is identified as being within the City' s Water Intake Protection Area and
is subject to the requirements of Section 4.43 of this By- law
5.6
Interpretation of Zone Boundaries
Where any zone boundary is uncertain on the Zoning Map, the following rules
shall apply:
1.
Unless otherwise shown, the boundaries of the zones as shown on the
Zoning Map are the center lines of a highway, street or road or lane or
unopened road allowance and the projection thereof, including a highway,
street or road or lane which has been closed whereupon the adjoining zone
or zones shall extend to the center line of the closed highway, street or road
or lane. Where a shoreline road allowance has been closed, the adjoining
zone on the landward side shall extend and include all of the closed road
allowance on the affected lot.
2. A boundary indicated as following a watercourse, creek, stream or the right-
of-way of a railway or an electrical, gas or oil transmission line shall be the
center line of such watercourse, creek, stream or right- of-way.
3. A boundary indicated as following the shoreline shall follow such shoreline,
and in the event of a change in the shoreline, the boundary shall be construed
as moving with the actual shoreline.
4. Where zoning boundaries are indicated as approximately following lot lines
shown on a registered plan of subdivision, reference plan, mining claim,
municipal or geographic township or City, such lot lines shall be deemed to be
the said boundary.
5. A boundary indicated as following the limits of the City of Timmins shall follow
such limits.
6. Where zoning boundaries are indicated as approximately parallel to the line of
any highway, street or road and the distance from such highway, street or
road is not indicated, such zoning boundaries shall be construed as being
parallel to such street lines and the distance there from shall be determined
by the use of the scale shown on the zoning map.
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7. Where any zone boundary or a dimension is left uncertain after application of
the above provisions then the boundary or dimension shall be determined
from the zoning map using the scale bar thereon or through an adjustment to
the lot boundary to incorporate the use or uses within one zone.
5.7
Permitted Uses in Zones
No person shall use any land or construct any building or structure in any zone
except in accordance with the permitted uses as set out in Table `A' to this By-
law.
5.8
Zone Requirements
No person shall use any land or construct any building or structure in any zone
except in accordance with the Zone requirements as set out in Table `B' to this
By- law.
5.9
Additional and General Provisions
No person shall use any land or construct any building or structure in any zone
except in accordance with all applicable Additional Provisions, and in compliance
with Section 4 -- General Provisions of this By- law.
1.
Additional Residential Provisions
a. Setbacks
i.
Corner Lot
Where a dwelling is to be erected on a corner lot and adjacent to a
dwelling having a front yard depth less than required by this by- law, the
front yard depth may be equal to the average of the front yard
dimension of the adjacent dwelling and the dimension required by this
by- law.
ii. Key Lot
Where a building is to be erected on a key lot, the minimum front yard
depth shall be the average of the front yard depth required for the
adjacent interior lot and the exterior side yard width required for the
adjacent corner lot. Except that where buildings are located on either
or both said adjacent lots, with yard dimensions less than those
required herein, the actual yard dimensions shall be used in
establishing the front yard depth of said key lot.
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b. Attached Dwellings on More Than One Lot
Where a dwelling unit on a separate lot has a common wall with an
adjacent dwelling unit on a different lot, no side yard shall be required
where attached.
c. Interior Side Yards
i.
Where there is an attached garage, or side yard carport, the interior
side yard shall be 1. 2 m [ 3. 93 ft.] on either side where the dwelling is
one storey in height, 1. 8 m [ 5.9 ft.] on either side where the dwelling is
two storeys in height and 2. 5 m [ 8. 2 ft.] where the dwelling is three
storeys in height.
ii. Where there is no attached garage or carport, the interior side yard
shall be
1. 2 m [ 3. 93 ft.], 1. 8 m [ 5. 9 ft.] or 2. 5 m [ 8.2 ft.] for a one, two or
three storey dwelling respectively on one side and 3 m [ 9.84] on the
other side.
iii. Where the dwelling was existing at the date of passing of the by- law
and where there is not a 3 m [ 9. 84] side yard on one side and where
there is no attached garage or carport, the interior side yard shall be
1. 2 m [ 3. 93 ft.], 1. 8 m [ 5. 9 ft.] or 2. 5 m [ 8. 2 ft.] for a one, two or three
storey dwelling respectively.
iv. Where there is a lane providing access to the rear of the lot or where
the lot is a through lot, the interior side yards shall be
1. 2 m [ 3. 93 ft.],
1. 8 m [ 5. 9 ft.] or 2. 5 m [ 8.2 ft.] for a one, two or three storey dwelling.
v. For an apartment dwelling, the minimum interior side yard shall be
the equivalent of one- half of the height of the building or one-tenth of
the length of the building measured adjacent to the interior side yard
concerned, whichever is the greater provided however, that no interior
side yard shall be less than 3. 5 m [ 11. 4 ft.] wide and an exterior side
yard shall be no less than 6 m [ 19. 6 ft.].
A. The interior side yard for a row house shall be 6m [ 19. 6 ft.] or one-
fifth of the length of the building, whichever is greater.
d. Number of Dwellings per Lot
A maximum of one dwelling per lot shall be permitted, except:
i.
Where a temporary use by- law is enacted to permit the construction of
a garden suite;
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2ECTION-
ii. Where a condominium development is permitted;
iii. Where lands are rezoned to permit more than one dwelling or group
housing.
e. Special Requirements for Apartment Dwellings
No person shall erect or use any building containing apartment dwelling
units, unless the following requirements are complied with. The following
areas shall be used exclusively for landscaping:
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A strip of land not less than 1. 5 m [ 4. 92 ft.] wide abutting the side lot
lines and rear lot line;
ii. A strip of land not less than 1. 5 m [ 4. 92 ft.] wide abuts the walls of the
building where windows to habitable rooms are located on the ground
floor.
f. Group Housing
Group housing shall be permitted subject to meeting the zone
requirements as set out in Table C. The minimum separation distance
between any dwelling and any other dwelling on the same lot shall be 8 m
26.2 ft.].
g. Mobile Homes
The erection and use of a mobile home shall be permitted in accordance
with Tables A and C. On lands zoned Mobile Home Park ( RD- RMH) Zone,
the following additional requirements shall apply:
L
The minimum lot area shall be 4 ha [ 9. 8 ac.];
ii. The maximum density shall be fifteen ( 15) mobile home lots per gross
hectare [2. 47 ac]);
iii. At least seven ( 7) percent of the mobile home park area shall be
provided for the children' s play area. Such play area shall be centrally
located to the area it is intended to serve;
iv. A buffer strip of at least 7. 5 m [ 4.6 ft.] in depth adjoining all boundaries
and free from any buildings or structures shall be provided. Such strip
shall be utilized for landscaping in accordance with Section 4.22 of
this By- law;
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v. The park shall have a direct access to an arterial or collector road;
vi. Access from a mobile home lot or site shall be from an internal park
street;
vii. The access road to a mobile home park shall have a dust free surface
and shall be a minimum width of 7 m [ 22. 9 ft.];
viii. Each mobile home lot shall have a frontage on the access road of at
least 12. 2 m [ 40 ft.] for a single wide mobile home and 15. 2 m ( 49. 8
ft.) for a double wide mobile home;
ix. Each mobile home lot shall comply with Section 7 of this By- law.
x. Parking spaces shall be provided in accordance with Sections 4.31,
4.32 and 4.33 of this By- law;
xi. One local retail store of not more than 93 m2 [ 1, 001 ft.2] shall be
permitted in a mobile home park in a residential mobile home zone.
h. Garden Suite
A garden suite is a permitted use only where a Temporary Use By- law
has been enacted.
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Building Code
All construction shall conform to the Building Code.
j. Shoreline Road Allowance of Sixty -Six Foot Reserve
Where a 20 m [ 65.6 ft.] allowance reserve along a lake or river exists as of
the date of the passing of this By- law, the yard dimensions required for
such a lot abutting such allowance shall be measured from the lot line
abutting such allowance.
k. Tree Buffer Requirement
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Shoreline Vegetation Buffer
A natural vegetation buffer shall be installed and/ or maintained
along the shoreline of a water body in or abutting any RD -WN, RD-
RE1, RD- RE2 and RD -MHP Zone and shall have a minimum depth of
20 m extending back from the highwater mark of the water body.
This vegetation buffer may be interrupted by an access corridor to the
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abutting water body ( i. e. to a dock, boat house or beach area provided
that the width of the corridor does not exceed 9 m [ 29. 5 ft.].
ii. Transitional Tree Buffer -- Urban Residential Areas
Any existing tree buffer on a residential lot along the perimeter of an
interior side or rear lot line zoned residential shall be retained. A tree
buffer on a non- residential lot shall comply with the planting strip
requirements of Section 4.22 of this By- law.
iii. Vegetation Cover -- Rural Residential Areas
At least 25% of the lot area of any rural residential lot or property
zoned or occupied by a residential use shall be retained or installed
with a vegetation cover consisting of native trees, shrubs and plants.
iv. Tree Buffer
A tree buffer requirement of 30 metres will be required on properties
located adjacent to major open public roads, existing trail networks,
and recreational open spaces such as but not limited to golf courses.
2. Additional Commercial Provisions
a. General Commercial ( EA -CG) Zone
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No yards shall be required in any General Commercial ( EA -CG) Zone
except for an automotive use or for a lot that abuts a lot in a residential
zone. Where a lot in a General Commercial ( EA -CG) Zone abuts an
interior or rear lot line of a residential zone, the setback of the
commercial building shall be 7. 5 m ( 24.6 ft.).
ii. Apartment Dwelling
The construction of an apartment dwelling shall comply with all
applicable requirements for the Residential Medium Density ( NA- RM2)
Zone. All apartment construction is subject to site plan control prior to
the issuance of a building permit.
b. Other Provisions for Commercial Zones
Where any commercial zone fronts on a highway, street or road
opposite to, or directly abuts any residential zone no parking shall be
permitted in any front yard or side yard opposite a residential zone except
as provided in Sections 4.31, 4.32 and 4.33 of this By- law.
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In addition to the above requirements, where any commercial zone fronts
on a highway, street or road opposite to, or directly abuts any residential
zone the following requirements shall apply :
i.
In a Neighbourhood Commercial ( NA -CN) Zone parking may be
permitted in side and rear yards adjacent to residential zones provided
such parking is adequately screened from the residential zone by
means of an appropriate fence, wall or hedge. In all other commercial
zones parking will not be permitted in side yards adjacent to residential
zones but may be permitted in rear yards adjacent to residential zones
subject to compliance with Section 4.22 -- Landscaping of this By-
law;
ii. No loading space shall be located in, nor open onto any front yard or
side yard opposite a residential zone;
iii. Loading space( s) may be located in a rear yard adjacent to a
residential zone provided the loading space is screened in accordance
with Section 4.22 -- Landscaping and Section 4.24 -- Loading
Spaces of this By- law;
iv. A strip of land not less than 3 m ( 9.84 ft.) in width along the lot line
within the Commercial Zone and adjacent to a Residential Zone shall
be adequately landscaped in accordance with Section 4.22 --
Landscaping unless such space is within a NA -CN zone and is used
for parking or loading in accordance with Section 4.24 -- Loading
Spaces-,
v. Exterior lighting and illuminated signs shall be so arranged as to direct
light away from an adjacent Residential Zone;
vi. Outside storage shall be prohibited in any yard opposite or abutting a
Residential Zone;
vii. A Convenience Retail Store in a commercial zone may be located in
a free standing building or as a use within a building containing other
permitted uses.
3. Additional Industrial Provisions
a. Setback Adjacent to a Residential Zone or Sensitive Land Use
Where a lot in an industrial zone abuts a Residential Zone or a sensitive
land use, the provisions of Section 4.26 shall apply.
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b. Other Provisions for Industrial Zones
Where any industrial zone fronts on a highway, street or road opposite
to, or directly abuts any residential or institutional zone, the following
provisions shall apply:
i.
No employee or visitor parking spaces, loading spaces or outside
storage or processing of any kind shall be permitted in the yard
adjacent to or opposite to a residential or institutional zone;
ii. Exterior lighting and illuminated signs shall be so arranged as to direct
light away from any adjacent residential or institutional zone.
iii. In any Industrial Light ( EA -M1) Zone, all permitted uses and operations
shall be conducted within an enclosed building or structure except for
parking and loading facilities;
iv. A retail outlet to a permitted industrial use shall be permitted provided it
is accessory, is carried out on the same premises, is for products
manufactured on the same premises and does not cover more than
25% of the floor area.
c. Log Hauler
Where a logging hauler use abuts another use, a planting strip of 9 m
29.5 ft.) in the case of an abutting industrial use, or 12 m ( 39. 3 ft.) of all
other uses shall be provided along the abutting lot line( s) in accordance
with the requirements of Section 4.22-- Landscaping.
d. Junk Yard ( Class III Industrial Use) ( EA- ISY) Zone
Where a junk yard is permitted in an Industrial Salvage ( EA- ISY) Zone the
following provisions shall apply:
i.
The lot shall be surrounded on all sides by a fence or wall having a
minimum height of 2. 4 m ( 7. 87 ft.), such fence or wall shall be
constructed of permanent materials and provide a complete visual
barrier and shall be maintained in a neat and visually attractive
manner;
ii. The fence or wall required shall be set back a minimum of 9 m ( 29.5
ft.) from any highway, street or road adjacent to the said lot. The
space between the said highway, street or road (s) and fence(s) shall
not be used for any purpose other than landscaping;
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iii.
No junk, junked vehicles or other materials used or stored in the open
on the said lot shall be piled higher than the fence.
e. Industrial Airpark (EA -IAP) Zone
In the Industrial Air Park ( EA -IAP) zone, no building, structure or land shall
be used, or caused to be used and no building or structure shall be
erected or altered, or caused to be erected or altered, except in
accordance with the provisions of the Airport Zoning Regulations pursuant
to the Federal Aeronautics Act and all other applicable regulations.
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Airport Related Uses:
Aerial forest fire fighting facilities
Aeronautical instructional services
Aeronautical research and development activities
Air ambulance
Air cargo warehousing, distribution and transfer stations
Air carrier services
Air couriers
Air taxi service
Aircraft engine manufacturing, assembly, repair and maintenance
Aircraft original equipment manufacturing
Air terminal including control towers and refueling depots
Flight training facilities
Public and private aeronautical recreational uses
Public and private hangars
Sale, servicing and leasing of aircraft
4. Additional Institutional Provisions
Where a lot in an Institutional Zone abuts the interior side yard of a
Residential Zone, the setback of the institutional building shall be 7. 5 m [ 24.6
ft.].
5. Additional Rural Provisions
a. Wayside Pits and Quarries
Despite anything in Sections 5. 9 to the contrary, Wayside Pits and
Wayside Quarries shall be subject only to a minimum yard requirement of
15 m [ 49.2 ft.].
Section 5 -
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b. Communications Facilities
The minimum yard requirement for a ground- based communications
facility shall be equivalent to the height of the tower.
c. Hunting, Fishing and Outdoor Recreation
In any rural zone, low intensity extensive recreation activities such as
hunting, fishing, canoeing and camping may be permitted, provided that
such activity does not involve the erection of a building or structure greater
than 46.5 m2 [ 500 ft. 2] and is subject to any provincial or local regulations
regarding hunting and fishing.
d. Park and Parking Area
A park or parking area shall not be subject to minimum lot area or lot
frontage requirements but shall comply with the setback requirements of
Section 5. 9.
e. Log Hauler
Where a logging hauler use abuts another use on an adjacent lot, a
planting strip of 9 m [ 29. 5 ft.] in the case of an abutting industrial use, or
12 m [ 39.3 ft.] of all other uses shall be provided along the abutting lot
line( s) in accordance with the requirements of Section 4.22 --
Landscaping.
FF TT 0
Lands identified as RD- HAZ-MIN on the Zoning Schedules are lands
classified by the Ministry of Northern Development and Mines as mine tailings
areas. No development is permitted on these lands except in association with
a mineral mining operation. The zone standards of Table D shall also apply.
Section 5 - 12
The Corporation of the City of Timmins
Explanatory Note
Zoning By-law 2011- 7100
The following Zones refer to properties that for one reason or another,
cannot be adequately covered by a standard zone classification. Each
Special provision Zone is its own classification and sets it own permitted
uses and/or regulations by listing within the zone description or by
reference to those identified in standard zones.
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 01 ( NA-
Lot 2, Con 3, Tisdale,
Permitted uses restricted to a place of worship,
1978-968
IN)
Plan 6R-2394, Parts 1 &
an accessory place of assembly, an accessory
and
Schedule 10
2, ( 270 Legion Drive)
dwelling and accessory structures. Parking shall
1978 -
be limited to the side or rear yards only. Signs
1126
shall be 900 to Legion Drive and interior
illuminated. No external sound systems shall be
permitted.
SP6. 02 ( EA-
Lot 4, Con 6, Mountjoy
Permitted uses restricted to storage and
1978-
11)
2481 Airport Road)
warehousing and an accessory dwelling unit for a
1037
Schedule 2
caretaker.
SP6. 03 ( EA-
Lot 6, Con 4, Mountjoy,
Permitted uses restricted to an auto repair
1979-
12)
Pcl 12409 SEC ( 1366
garage.
1229
Schedule
1
Government Road
North)
SP6. 04 ( EA-
Lot 825, Plan M- 30 S
Zero lot line shall apply to interior and rear yards.
1980 -
CG)
92 Spruce Street North)
1328
Schedule 14
SP6. 05 ( EA-
Part 1 Plan CR -207 ( 760
Minimum front yard for the private garage and
1980 -
CH)
Highway 101 East)
dwelling shall be 100 m and 15 m, respectively.
1369
Schedule 11
Minimum interior side yard shall be 30 m.
SP6. 06 ( EA-
Lots 204 & 231, Plan M-
All building openings shall be above the 281. 9 m
1981-
R2)
14 S, South Porcupine
C. G. D.
1491
Schedule 10
55 Strachan Ave)
SP6. 07 ( NA-
Block C, Plan M- 336 C
Maximum number of dwelling units shall be 91.
1981-
R3)
820 & 860 Suzanne
Minimum rear yard shall be 10. 5 m. Maximum
1551
Schedule 9
Street)
height shall be 3 storeys
A-54- 92
SP6. 08 ( EA-
Lot 47, Plan M- 34 S ( 38
Permitted uses shall include a ground floor
1981 -
CG)
Father Costello Drive)
apartment.
1523
Schedule 15
Section 6 -- 1
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 09 ( NA-
Lot 25, Plan M- 231 C
Minimum front yard and minimum rear yard shall
1981-
R2)
1368 & 1366 Chenier
be 4. 5 m and 4. 2 m, respectively.
1623
Schedule 13
Ave)
SP6. 10 ( RD-
Part Lot 3, Con 4,
Permitted uses restricted to a greenhouse and
1981 -
RU -f)
Mountjoy, Part Pcl
pole barn. Coverage shall not exceed
1, 227. 5
1633,
Schedule 9
20957SEC ( 589 Airport
m2. Minimum setback from north lot line shall be
1983-
Rd)
3 m. Minimum floor elevation shall be 273.6 m
2021,
C. G. D.
1987-
2735,
1991-
3641
SP6. 11 ( EA-
Lot 10, Con 1, Mountjoy,
Access from Highway 101 shall be prohibited
1982 -
CH)
Pcl 12345 SEC ( 3449
1709
Schedule 12
Hwy 101 W)
SP6. 12 ( NA-
Lots 12 & 13, Plan M-
Minimum number of parking spaces for group
1982-
R3)
64T ( 36 Charles St)
home shall be 4.
1710
Schedule 14
SP6. 13 ( RD-
Parts 1 &
2, Plan 6R-
Permitted uses may include a commercial
1982-
RE1)
3673 ( 16 Carium Road)
storage garage with no height limit on the
1765
Schedule 15
garage.
SP6. 14 ( EA-
Lot 57, Plan M- 34 S ( 20
No parking spaces required for apartment
1982 -
CG)
Father Costello Drive)
dwelling.
1773
Schedule 15
SP6. 15 ( EA-
Lots 44 & 45, M- 22 S
Permitted uses shall include a ground floor
1982 -
CG)
439 & 433 Wilson
apartment. Lot 45 shall be restricted to a parking
1830
Schedule 13
Avenue)
area.
SP6. 16 ( EA-
Part 1, Plan 6R- 3543
Permitted uses shall include EA -11 uses and a
1982-
11)
Hwy 655)
restaurant, with a liquor and dining lounge
1872
Schedule
1
providing entertainment.
SP6. 17 ( RU-
Lot , Con 6, German,
Permitted uses shall include a single detached
1983-
RE1)
Pct 17650 SEC ( 3923
dwelling and attached convenience retail store.
1942
Schedule 5
Municipal Rd)
Maximum floor area of store shall be 93 m2.
SP6. 18 ( NA-
Parts 1, 2 & 3, Plan 6R-
Permitted uses shall include a maximum of two,
1983-
RM2)
3522 ( 510 & 520
six unit apartment dwellings.
1985
Schedule 14
MacLean Drive)
SP6. 19 ( RD-
Lot 5, Con 5, German,
Minimum lot frontage shall be 30 m. Minimum
1984 -
WN)
Lot 4, Plan M- 277 C
setback from north lot line shall be 45 m.
2132
Schedulel
710 Purra Road)
Section 6 -- 2
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 - Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 20 ( NA-
Lot 98, Plan M- 10 S, Pcl
Permitted uses shall include an apartment
1984-
RM2)
9894 & 9895 ( 106
dwelling with a maximum of 6 dwelling units.
2151
Schedule 10
Golden Ave)
Apartment dwelling shall be exempt from the
zone requirements of Table 3 for the NA- RM2
Zone.
SP6. 21 ( NA-
Parts 2 & 3 and Parts 5-
Permitted uses shall include an apartment
1984-
RM2)
12, Plan 6R- 2369 ( 77
dwelling with a maximum of 32 dwelling units.
2168
Schedule 14
Mountjoy St)
Apartment dwelling shall not exceed two storeys.
SP6. 22 ( NA-
Lots 1, 2, 25 & 26, Plan
Permitted uses shall include an apartment
1984-
RM2)
M- 14, Sud, Pcl. 1801, W
dwelling with a maximum of 15 dwelling units.
2178
Schedule 10
T (71 Main Street)
Minimum number of parking spaces shall be 17.
SP6. 23 ( NA-
Lots 72- 79, Part of Lot
Permitted uses shall include an apartment
1984-
RM2)
80, 104, 105- 111, 134-
dwelling with a maximum of 74 dwelling units.
2213
Schedule 14
140, 163- 173, Plan M-
51, Tem & unopened
road allowance for Way
Avenue ( 159 Wende
Avenue)
SP6. 24 ( EA-
Lots 90- 94, Plan M- 33,
Permitted uses shall include an apartment
1984 -
CG)
Sud, Pcls 215, 1250,
dwelling with a maximum of 32 dwelling units.
2235
Schedule 14
7930, W & T ( 210
Minimum number of parking spaces shall be 32.
Spruce St)
Minimum parking aisle width shall be 5. 9 m.
SP6. 275( NA-
Lots 55 & 56, Plan M-
Permitted uses restricted to a single detached
1985-
R3)
65, Coch, Part 1, Plan
dwelling, a private garage and a four-plex
2335
Schedule 13
6R- 3674, Pcls 17738 &
dwelling. Minimum floor elevation shall be 0. 3 m
20736 SEC ( 364 Craig
above the regulatory flood line.
St & 652 Park Ave)
SP6. 26 ( NA-
Part of Lot 83, Plan M-
A basement is prohibited in the dwelling.
1985-
R2 -f)
10, Sud, Pcl 6881 W & T
2387
Schedule 10
Bruce Ave)
SP6. 27 ( EA-
Lot 2, Con 2 Mountjoy
Permitted uses restricted to an automotive sales
1985 -
CH -f)
537 Pavillion Dr)
establishment. No increase in coverage shall be
2416
Schedule 13
permitted.
SP6. 28 ( EA-
Lots 1- 4, Plan M- 61,
Permitted uses restricted to an automotive sales
1985 -
CH -f)
Tem, Pcls 3141, 2995,
establishment. Minimum setback shall be 4. 5 m
2417
Schedule 13
3184 & 11264, SEC
on Lot 4, Plan M- 61.
617 Pavillion Dr)
SP6. 29 ( RD-
Part Lot 3, Con 6,
Permitted uses shall include a hatchery with a
1985 -
WET)
Mountjoy, Pcl
floor area not to exceed 200 m'.
2429
Schedule 8
16011 SEC ( 2100
Laforest Rd)
Section 6 - 3
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 30 ( EA-
Lots 173- 177, Plan M-
Minimum front yard shall be 7. 5 m.
1985 -
CH)
70, Coch, Pcls 1070,
2432
Schedule 10
9366 & 6375, W & T ( 10
Harold Ave)
SP6. 31 ( NA-
Part Lot 2, Con 4
Permitted uses in the flood fringe shall be
1985 -
IN, NA -IN -f)
Mountjoy, Part of Pcl
restricted to landscaped and open areas, parking
2467
Schedule 9
11728, SEC ( 850 Airport
areas, driveways and parking aisles.
Rd)
SP6. 32 ( RD-
Part Lot 3, Con 3,
Permitted uses shall include an equestrian
1985-
HAZ, RD -RU-
Mountjoy, Pcl
establishment and accessory uses including a
2486,
f)
12751 SEC ( 1000
concession stand, place of assembly, horse
1999 -
Schedule 9
Norman St)
shows, an agricultural fair, a motel/ hotel with a
5148
Schedule 13
maximum of 50 suites, a health spa, a
banquet/ conference area, a restaurant -lounge
and a mobile camp area having a maximum of
40 camp sites.
SP6. 33 ( NA-
Lots 4 & 5, Plan M- 36,
Permitted uses shall include a service shop for a
1986-
R3)
Pcls 6680 & 7367 SEC
plumbing business. Maximum floor area of the
2515
Schedule 17
460 Moneta Ave)
service shop shall be 50 m2. Minimum interior
side and rear yards shall be
1. 2 m and minimum
exterior side yard shall be 9 m.
SP6. 34 ( EA-
Lots 1- 5 & 7, Plan MX-
Minimum setback shall be 1 m along the north
1986 -
CG)
11, Coch, Parts 2- 12,
interior lot line. Maximum height of shopping
2548
Schedule 14
Plan 6R-4210 and Part
centre shall be 1 storey. Landscaping exempted
1, Plan 6R- 4687 ( 100
along north property line.
Waterloo Rd)
SP6. 35 ( RD-
Part Lot 9, Con
1,
Permitted uses shall include a convenience retail
1986 -
RU)
Matheson, Pc110854
store.
2555
Schedule 7
SEC ( 11357 Hwy 101 E)
SP6. 36 ( NA-
Parts 1 &
2, Plan 6R-
Permitted uses restricted to a single detached
1986-
R24)
1970, Pcls 20775 &
dwelling.
2601
Schedule 13
18023 S. E. 0 (634
Norman St)
SP6. 37 ( RD-
Part Lot 7, Con 2,
Minimum lot frontage shall be 63 m.
1986 -
RU)
Mountjoy, Part 1, Plan
2661
Schedule 12
6R- 3104, Pcl 20075
SEC
SP6. 38 ( NA-
Pcl. 2291 SEC
Minimum elevation of any building opening shall
1987-
R1)
Beaurivages
be 274.26 m C. G. D.
2694
Schedule 12
Subdivision)
Schedule 13
Section 6 -- 4
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 39 ( NA-
Part Lot 3, Con 2,
Permitted uses restricted to single detached
1987-
R2/ RM2)
Mountjoy, Part of Pcl
dwellings in NA -R2 Zone. Permitted uses include
2698,
Schedule 13
12555 S. E. 0
a maximum of 177 row dwelling units in NA-RM2
1989 -
Zone. Maximum density in NA-RM2 Zone shall
3283
be 37 units per net hectare. Minimum setback for
any apartment or row house dwelling fronting
Highway 629 shall be 14 m. Minimum floor
elevation shall be 0. 3 m above the regulatory
flood line.
SP6. 40 ( NA-
Part Lot 2, Con 3,
Minimum floor elevation shall be 0. 3 m above the
1987 -
CN)
Mountjoy, Part Pcl
regulatory flood line.
2727
Schedule 13
12555 SEC
SP6. 41 ( RD-
Part Lots 10 & 11, Con
Minimum lot area shall be 2, 500 m`. Minimum lot
1987-
RE2)
4, Tisdale, Pcls 10193 &
frontage shall be 45 m. Minimum front yard shall
2772
Schedule
1
10192, W & T (Winding
be 15 m.
Woods Subdivision)
SP6. 42 ( EA-
Lots 152- 154, Plan M-
Minimum front yard shall be 7. 5 m. Minimum rear
1987 -
CG)
70, Coch, Pcls 6182 &
yard shall be 0. 61 m. Landscaped strip shall be
2782
Schedule 10
6746, W & T ( 4309
reduced to 2 m along west lot line of Lot 154 and
Harold Ave)
shall not apply along rear lot lines of Lots 152
and 153. Minimum of 16 parking spaces shall be
provided.
SP6. 43 ( RD-
Lot 4, Con 6, Mountjoy,
Minimum front yard and maximum floor area for
1987-
HAZ)
Part 1, Plan 6R- 17471
the agricultural building shall be 32 m and 200
2835
Schedule 8
Pcl 17327 SEC ( 2301
m2,
respectively.
Airport Rd)
SP6. 44 ( NA-
Lot 105, Plan M- 10,
Permitted uses restricted to apartment dwelling
1987-
R2 -f)
Sudbury ( 134 Golden
with six bachelor and one two- bedroom dwelling
2844
Schedule 10
Ave)
units.
SP6. 45 ( NA-
Part 3, Plan CR -3, Pcl
Permitted uses restricted to a dwelling unit in an
1988-
R1)
9107, W & T ( 131
existing garage and a single detached dwelling.
2926
Schedule 15
Croatia Ave)
SP6. 46 ( NA-
Lot
1, Plan M -3C
Part
Permitted uses restricted to 16 row dwellings.
1988-
RM1)
Pcl 22901, SEC ( 122-
Minimum setback shall be 4 m for the 2 northerly
2955
Schedule 14
162 Mountjoy)
row dwellings and 6 m for the other 14 row
dwellings. Minimum exterior side yard shall be 3
m along Sixth Avenue. Minimum rear yard shall
be 6 m for 2 northerly row dwellings.
Section 6 -- 5
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 - Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 47 ( EA-
Lot T, Plan M- 3, Coch,
Minimum number of parking spaces shall be 59.
1988 -
CG)
Part of Pcl 16678, SEC
Zone requirements exempted for interior side
2956
Schedule 14
70 Mountjoy)
and rear yard setbacks from an adjacent
residential zone, from front and side yard
opposite a residential zone, from landscaping
strip adjacent to loading or parking area.
SP6. 48 ( EA-
Lot 7, Con 2, Mountjoy,
Permitted uses shall also include a retail trade
1988-
11)
Part 1, Plan 6R- 4591,
establishment.
2997
Schedule 12
Pct 15953 SEC ( 65
Government Road
North)
SP6. 49 ( NA-
Lot 22, Plan M- 37, Pct
Permitted uses restricted to three dwelling units
1988-
R1)
11290, SEC ( 1142
in an existing dwelling.
2998
Schedule 13
Chestnut Lane)
SP6. 50 ( EA-
Parts 2 & 3 Plan CR-
Maximum coverage shall be 27%.
1988 -
CH)
717, Pct 10383, W & T
3022
Schedule 14
and Parts 2 & 3, Plan
CR -638 & Part 1, Plan
1477, Pct 10315, W & T
425 Algonquin
Boulevard East)
SP6. 51 ( EA-
Lot 10, Con 1, Mountjoy,
Minimum front yard setback
shall be 39. 6 m.
1988 -
CH)
Part 1, Plan 6R- 4785,
3059
Schedule 12
Pct 12572 SEC ( Hwy
101 West - 5627 010
093 09200)
SP6. 52 ( RD-
Part Lot 3, Con 5,
Maximum commercial floor area shall be 434 m`
1989 -
RU -f)
Mountjoy, Pct 4751 SEC
for the three commercial buildings.
3082
Schedule 8
1501 Airport Road)
SP6. 53 ( NA-
Lot 187, Plan M- 26,
Permitted uses shall include NA -R3 uses, a
1989-
R3)
Sud, Pct 5242 SEC ( 205
general office and an auto repair garage.
3083
Schedule 14
Commercial Ave)
SP6. 54( NA-
Part 1, Plan 6R- 4576
Minimum exterior side yard shall be 2. 5 m.
1989-
R3)
SEC ( 449 Delmonte
3092
Schedule 17
Lane)
SP6. 55 ( NA-
Part of Lot 101, Plan M-
Maximum coverage shall be 38%. Minimum front
1989-
RM2)
10, Sud, Part
1, Plan
yard shall be
1. 37 m. Minimum width of a one-
3115
Schedule 10
6R- 4677, Pct 12586
way driveway shall be 3 m. Minimum parking
SEC& Lot 91, Plan M-
aisle shall be 6. 55 m. Section 5. 9. 1( e) of this By -
10, Sud, Pcls 84 &
law shall not apply.
7695, W & T ( 40
Crawford St)
Section 6 - 6
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 - Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 56 ( EA-
Part of Lot 9, Con 4, Pcl
Permitted uses restricted to a commercial fishing
1989 -
CR)
18481, SEC
resort including a lodge or chalet, an accessory
3133
Schedule
1
single detached dwelling and storage buildings.
SP6. 57 ( EA-
East
1/ 2 of Lot 2, Plan
Maximum commercial floor area shall be 200 m`.
1989 -
CH)
M- 37, Coch, Pcl 18226
3152
Schedule 13
1082 Riverside Drive)
SP6. 58 ( NA-
Lots 96- 98, Plan M- 44,
Permitted uses restricted to a 17 dwelling unit
1989-
RM2)
Tem and Lot 91, Plan
apartment dwelling. Minimum parking aisle width
3209
Schedule 14
M -60T ( 125 Kirby)
shall be 6. 29 m.
SP6. 59 ( NA-
Lot 2, Con 4, Mountjoy,
Permitted uses restricted to 30 row dwelling
1988-
RM2)
Part of Pcl 11728 SEC
units. No basements shall be permitted.
3238
Schedule 9
630 Lonergan Blvd)
SP -6. 60 ( RD-
Part 2, Plan 6R- 3467,
Minimum lot frontage shall not apply.
1989 -
RU)
Pcl 13207 SEC ( 1006
3240
Schedule 12
Mahoney Rd)
SP6. 61 ( NA-
Part of Lot 4, Con 3,
Permitted uses on the NA -IN Zone restricted to
1989-
R1, NA -R2,
Mountjoy, Pcl 7966 SEC
educational institutions. All semi-detached
3260
NA- RM2, NA-
400,450 Shirley St)
dwellings on the south side of Park Avenue shall
IN)
be linked. Maximum density shall be 30 units per
Schedule 13
hectare for NA- RM2 Zone.
SP6. 62 ( RD-
Lot 2, Con 5, Mountjoy,
Permitted uses shall include EA -I1 uses
1989 -
RU -f)
Part of Pcl 17528 SEC
3317
Schedule 8
1761 Laforest Rd)
SP6. 63 ( EA-
Part 2, Plan 6R- 2370,
Permitted uses restricted to loading and parking
1989 -
CG -f)
Pcl 18600, S. E. 0 and
areas, driveways and parking aisles.
3318
Schedule 13
Lot
1, Plan M- 162,
Coch, Pcl 17085 SEC
1285 Riverside Drive)
SP6. 64 ( RD-
Lots 55 & 56, Plan M-
Permitted uses restricted to an auto repair
1990-
RE1)
80, Tem, Pcls 185 &
garage. Maximum floor area and height of the
3349
Schedule 4
3090 SEC (6638
garage shall be 111 m2 and 5. 8 m, respectively.
Frederick House Road)
SP6. 65 ( NA-
Block 30, Plan 6M- 435
Permitted uses restricted to a 30 dwelling unit
1990-
RM2)
1110 Lavigne Blvd)
condominium. Maximum height shall be 3
3483
Schedule 9
storeys excluding underground parking.
Schedule 14
SP6. 66 ( EA-
Lots 412 & 413, Plan M-
Permitted uses restricted to a parking area on
1990 -
CG)
26, Sud, Pcls 7627 &
Lots 412 and 413, Plan M- 26, Sudbury.
3499
Schedule 14
5979 SEC ( 349 Wilson
Permitted uses restricted to an equipment rental
vacant lot east of 355
use and outside storage of Lots 517, 518 and
Wilson)
519, Plan M- 26, Sudbury.
Section 6 - 7
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 - Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 67 ( NA-
Part of Lot 12, Con 4,
Permitted uses shall include NA -IN uses and an
1991 -
IN)
Tisdale, Part 1, Plan 6R-
accessory single detached dwelling.
3575
Schedule 9
5686 ( 1310 MacLean
Dr)
SP6. 68 ( EA-
Part of Lot 2, Plan M- 37,
Minimum interior side yard, east side shall be
1991 -
CH)
Coch, Pcl 17299 SEC
0. 78 m.
3578
Schedule 13
1086 Riverside Dr)
SP6. 69 ( NA-
Part of Lot
1, Con 3,
Permitted uses in the NA- RM2 Zone restricted to
1991-
R1, NA -R2,
Mountjoy, Pcl 5233
a maximum of 95 dwelling units.
3659
NA- RM2)
SEC, Plots 3, 4, 12- 14 &
Schedule 9
Part of Lots 1, 21 & 22,
Plan M- 12 & Block 39,
Plan 6M- 431 ( 1115
MacLean Dr)
SP6. 70 ( NA-
Parts 1, 2 & 3, Plan CR-
Minimum interior side yard, north side shall be
1991-
RM2)
1478, Pcl 17401 SEC
8. 2 m.
3665
Schedule 14
and part of road
allowance (44 Borden
Ave)
SP6. 71 ( NA-
Part lot 11, Con 4,
Permitted uses restricted a maximum of 50
1991-
RM2)
Whitney, Part of Lots
dwelling units.
3710
Schedule 10
392 & 393, Plan M- 8,
Pcl 13798 W & T ( 900
Ferguson Rd)
SP6. 72 ( NA-
Lots 78 & 79, Plan M-
Permitted uses restricted to four dwelling units on
1991-
R3)
14, Sud ( 70 Bruce Ave)
each of the ground and second storey,
3727
Schedule 10
respectively on Lot 79, Plan M- 14 and to a
minimum of 8 parking spaces on Lot 78
SP6. 73 ( EA-
Lot 3, Plan M- 67, Tem
Permitted uses shall include EA -CG uses and a
1991 -
CG)
15 Avenue Road)
duplex dwelling.
3786
Schedule 13
SP6. 74 ( EA-
RY355, Parts 1 &
2,
Permitted uses shall include EA- ISY uses and an
1992-
ISY)
Plan 6R- 6762, Pcl
auto repair garage. A fence shall be erected
3808,
Schedule
1
24679 SEC ( 6425 Hwy
parallel to the front lot line at a setback of 150 m
1992-
101 W)
and shall have a minimum height of 2. 4 m.
3819,
Minimum interior side and rear yards shall be 15
1993-
m.
4134
SP6. 75 ( EA-
Lots 87 & 88, Plan M-
Permitted uses restricted to a service shop.
1992 -
CG)
22, Sud, Pcls 5245 &
Minimum interior side yard and minimum rear
3817
Schedule 13)
5246 SEC ( 327
yard adjacent to a residential zone shall be 4. 5 m
Belanger Ave)
and 1. 5 m, respectively.
Section 6 - 8
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 76 ( EA-
6425 Hwy 101 W)
Section 5. 9. 3( d) ( i & ii) shall not apply.
1992-
ISY)
3819
Schedule
1
SP6. 77 ( NA-
Block B, Plan M- 18,
Permitted uses shall be restricted to maximum of
1992-
RM2)
Coch ( 1020 Power Ave;
20 dwelling units in an apartment dwelling.
3848
Schedule 13
205 & 215 Royale St)
SP6. 78 ( RD-
Block A, Plan M- 264,
Maximum height of a private garage shall be 5. 5
1992-
RE2)
Coch, Pcl 14383 SEC
M.
3894
Schedule 12
38 Mahoney Rd S)
SP6. 79 ( EA-
Lot 7, Con 2, Mountjoy,
Permitted uses shall include EA -CH uses and a
1992 -
CH)
Part 2, Plan CR -1185,
light fabrication use integral to a service shop.
3903
Schedule 12
Pcl 17004 SEC ( 2430 &
2390 Riverside Dr)
SP6. 80 ( NA-
Lot 1037, Plan M- 9,
Permitted uses shall include NA -R3 uses and a
1992-
R3)
Tem ( 151 Second Ave)
general office. An exit from the second storey of
3930
Schedule 14
the rear of the general office shall be permitted.
SP6. 81 ( RD-
Lot 5, Con 3, Mountjoy,
Permitted uses shall include RD -RU uses and a
1992 -
RU)
Part 1, Plan 6R- 3965,
lawn improvement and maintenance business.
3950
Schedule 13
Pcl 21039 SEC ( 675
Maximum floor area of a private garage shall be
Shirley St N)
244 m2.
SP6. 82 ( RD-
Lot 9, Con 1, Mountjoy,
Permitted uses restricted to two single detached
1992 -
RU, RD -RU -f,
Part 1, Plan 6R- 3924
dwellings, one semi-detached dwelling, a mining
3952
RD- HAZ)
162 & 168 Vivian Rd)
equipment and repair use, an associated welding
Schedule 12
shop and general office and two storage
buildings. Maximum combined floor area of the
welding shop, general office and storage
buildings shall be 312 m2.
SP6. 83 ( NA-
Lot 5, Con 2 Mountjoy,
Minimum floor elevation shall be 0. 3 m above the
1992-
R1)
Part Blocks A & B, Plan
regulatory flood line.
3968
Schedule 13
M- 197, Coch, Pcl 13684
SEC ( 64 to 79 Meadow
Ln)
SP6. 84 ( RD-
Part 1, Plan 6R- 3414,
Minimum lot area shall be 1. 985 ha.
1993 -
RU)
Part Mining Claim ME-
4032
Schedule 18
40, Deloro, Pcl 20841
SEC ( 245 & 343 Delnite
Rd)
Section 6 -- 9
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 - Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 85 ( RD-
AL840, Pcl. 23587 SEC,
Permitted uses restricted to a recreational
1993 -
OS)
AL940, Parts 1 &
2, Plan
vehicles campground having a maximum of 18
4146
Schedule
1
54R- 1285, Pcl 23587
camp sites for recreational vehicles. Maximum
SEC ( 7000 Dalton Rd)
floor area for any storage building on a camp site
shall be 15 m2. Period of operation shall be
limited to May through October of any calendar
year.
SP6. 86 ( RD-
Lot 4, Lot 12, Con 5,
Maximum number of mini warehouse and public
1994 -
RU)
Tisdale, Part 4, Plan 6R-
storage buildings shall be four. Maximum
4209
Schedule 8
5670, Pcl 13462 W & T
combined floor area shall be 1, 700 m2. No
MacLean Dr 5627 030
outdoor storage shall be permitted.
100 37601)
SP6. 87 ( EA-
Part of Pcl 2003 SEC
Permitted uses are restricted to a tourist
1994 -
CR)
7999 Hwy 655)
establishment consisting of 24 guest suites, 12
4223
Schedule
1
cabins, an accessory dwelling for a caretaker or
watchman, a restaurant and a dining lounge.
SP6. 88 ( RD-
Lot 1, Con 4, Mountjoy,
Permitted uses shall include RD -RU uses and an
1994 -
RU)
Pcl 14323 SEC ( 1377
auto repair garage. Maximum floor area of the
4350
Schedule 9
MacLean Dr)
auto repair garage shall be 280 m2.
SP6. 89 ( RD-
Lot 8, Con 2, Mountjoy,
Minimum lot frontage shall be 45 m. Minimum lot
1995-
RE1)
Part 1, Plan 6R- 4723,
area shall be 9, 500 m2.
4418
Schedule 12
Pcls 22117, Pcl 15978,
Parts 1- 3, Plan 6R-
3831, Pcl 20983, Parts 1
2, Plan 6R- 2744,
Parts 1 &
2 Plan 6R-
4294, Pcl 21673, Parts
4- 6, Plan 6R-2134 ( 233
to 420 Government Rd
S)
SP6. 90 ( RD-
Lot 8, Con 1, Murphy,
Permitted uses shall include RD -MX uses and a
1995 -
MX)
Pcl 15527 SEC ( 3285
recycling use.
4464
Schedule
1
Hwy 655)
SP6. 91 ( RD-
Part of Lot 9, Con 5,
Permitted uses shall include RD -RU uses and an
1995 -
RU)
Mountjoy, Part 2, Plan
auto repair garage. Maximum floor area of the
4479
Schedule 8
6R- 2986, Pcl 19828
auto repair garage shall be 165 m2.
SEC ( 1989 Jaguar Dr)
SP6. 92
Lot 130, Plan M- 56, Pcl
Permitted uses restricted to an apartment
1996 -
NA -R3)
5465 W & T (364
dwelling with a maximum of five dwelling units.
4559
Schedule 14
Empire Ave)
Section 6 - 10
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 93 ( NA-
Lot 12, Con 3, Tisdale,
Permitted uses shall include NA -R3 uses and an
1996-
R3)
Pcl 8844, W & T ( 339
esthetics salon. Maximum floor area of the
4570
Schedule 14
Spruce St N
esthetics salon shall be 15 M2, Maximum number
of employees shall be three persons.
SP6. 94 ( RD-
Part of Lot 9, Con 6,
Minimum lot area shall be 2 ha.
1996 -
WN)
Ogden, Part of Mining
4626
Schedule 12
Claim P- 28503, Part 2,
Plan CR -774, Part 3,
Plan 6R-2408, Part of
Pcl 10805 ( 3600 & 3670
Dalton Rd)
SP6. 95 ( RD-
Part of Lots 4 & 5, Con
Permitted uses shall include a single detached
1996 -
RU)
1, Jessop, Parts 4- 6 & 9,
dwelling which may be converted to a hostel for
4660
Schedule
1
Plan 6R-3788, Pcls
people receiving medical treatment or visiting a
23183 & 23184 SEC
household member receiving treatment in the
3255 Airport Rd)
City. Maximum number of bedrooms in the hostel
shall be five excluding a basement
apartment/ensuite. Maximum occupancy of the
hostel shall be 16 persons.
SP6. 96 ( RD-
Part of Lots 7 & 8, Con
Permitted uses shall include the permanent
1997 -
RU)
1, German ( 16587 Hwy
storage of overburden associated with a mining
4846
Schedule
1
101 E, 5627 040 180
operation. Minimum setback shall be 300 m from
01201 -- 01202)
the Highway 101 right-of-way and a setback of
30 m from the common lot line between Parcel
20173 S. E. 0 and Parcel 12923 S. E. 0 and the
common lot line between Parcel 10608 S. E. 0
and Parcel 20086 SEC
SP6. 97 ( EA-
Part of lot 11, Con 2,
Permitted uses shall include EA -CH uses and a
1997 -
CH)
Matheson, Pcls 9764 &
light fabrication use integral to a service shop
4917
Schedule 7
9765 SEC ( 133
welding and repair shop).
Frederick House Lake
Rd)
SP6. 98( RD-
Part of lot 6, Con 3,
Permitted uses shall be restricted to four single
1997 -
RU)
Bristol, Mining Claim P-
detached dwellings and accessory buildings on
4920
Schedule
1
10630, Pcl 20235 S. E. 0
Parcel 20235 SEC
8020 Hwy 101 W)
SP6. 99( RD-
Part of Lot 8, Con 4,
Permitted uses shall include RD- RD2 uses and a
1998-
RE2)
Whitney, Part 1, Plan
service shop, a general office and a storage
4960
Schedule 11
6R- 1774, Pcls 7142 &
container. Maximum floor area dimensions for
11165'/ W & T ( 6420
permitted uses shall be: service shop ( existing
Hwy 101 E)
garage) 7. 41 m by 13. 5 m; general office 7 m by
11 m±; storage container 12. 5 m by 4 m±.
Section 6 -- 11
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 100 ( RD-
Part of Lot 3, Con 2,
Permitted uses restricted to an outdoor
1998 -
RU, RD -RU -f,
Mountjoy, Part 1, Plan
recreational commercial use including a water
4961
RD- HAZ)
6R- 701, Pcl 20157, Part
slide, bumper boat pool, a junior and senior mini -
Schedule 13
1 Plan CR -701 ( 200
putt, a go-cart track, a driving range and a roller
Feldman Rd)
blade skateboard park on part of Lot 3,
Concession 2, Mountjoy Township, Part 1, CR -
70, and accessory uses including sanitary
facilities, a general office, snack bar and storage
and maintenance of equipment. Accessory uses
shall be permitted in the existing buildings on
Part
1, CR -701.
SP6. 101 ( NA-
Lots 27 & 28, Plan M- 2,
Minimum lot frontage for a two -unit dwelling shall
1998-
R3)
Tem, Lots 174 and part
be 14. 0 m.
4972
Schedule 17
of Lot 37, Plan M- 63,
Tem, and part of an
unopened road
allowance for Ogden
Avenue ( 412, 420, 428
Spruce St)
SP6. 102 ( EA-
Lot 122, Plan M- 14,
Permitted uses shall include EA -CG uses and a
1999 -
CG)
Sud, Pcl 7656 ( 92
commercial use converted to a two -household
5153
Schedule 10
Golden Ave)
dwelling.
SP6. 103( EA-
Lot
1, Plan M- 200, Coch
Permitted uses shall include EA -CG uses and a
1999 -
CG)
864 Riverside Dr)
single detached dwelling.
5184
Schedule 13
SP6. 104 ( EA-
Part of Block A, Plan M-
Permitted uses shall include EA -CG uses and a
1999 -
CG)
208, Coch ( 279 Norman
woodworking shop.
5214
Schedule 13
St)
SP6. 105 ( EA-
Part of Lot
1, Con 4 & 5,
Permitted uses shall include EA- ISY uses and an
1999-
ISY)
Bristol ( Hwy 101 W,
auto repair garage.
5215
Schedule
1
xCRO01005015600)
SP6. 106 ( EA-
Part 6, Plan CR -296,
Minimum landscaped strip shall be 1. 0 m
2000 -
CG -f)
Pcls 6859 & 14445 SEC
5316
Schedule 13
977 999 Riverside Dr)
SP6. 107 ( NA-
Lot 2, Con 2, Tisdale,
Permitted uses shall include NA -IN uses and a
2000 -
IN)
Parts 1- 14, Plan 6R-
16 room bed & breakfast establishment.
5341
Schedule 10
3137, Pcl 14377 W & T
200 Bruce Ave)
SP6. 108 ( EA-
Part 1, Plan 6R- 7046
Outdoor storage shall be permitted in a yard
2000 -
CH)
2439 & 2385 Riverside
opposite or adjacent to a residential zone.
5344
Schedule 12
Dr)
Section 6 -- 12
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 109( RD-
Parts 1- 3, Plan 6R-
Permitted uses shall include the existing uses
2000-
HAZ)
3579, Pcls
and a single detached dwelling with an attached
5386
Schedule 10
12391 & 12393 W & T ( 1
garage.
Station St)
SP6. 110 ( EA-
Lots 465 & 466, Plan M-
Permitted uses shall include EA -CG uses and an
2000 -
CG)
26, Sud, Pcls 166 &
apartment dwelling. Residential uses shall be
5423
Schedule 14
3036 SEC ( 21 Mountjoy
permitted part of the basement and on the
St)
ground and second floors. Maximum number of
dwelling units shall be 17. Minimum floor area for
bachelor dwelling units on the second floor shall
be 17 m2. Minimum number of parking spaces
shall be six.
SP6. 111 ( RD-
Part of Lot 10, Con 2 &
Permitted uses restricted to two single detached
2001 -
RU)
3, Tisdale, Part 15, plan
dwellings and an accessory bed & breakfast
5497
Schedule 14
6R-5040, Part 1, Plan
establishment ( McIntyre Lodge) use. Maximum
6R-7406, Part Pcls 3726
number of guest suites shall be four exclusive of
SWS and 11316 W & T
one to be reserved for the proprietor. Minimum
150 Hwy 655)
number of parking spaces shall be six. One non -
flashing sign shall be permitted with a maximum
sign area of 2. 95 m2 and a maximum height of 3
m. An annual business license shall be required.
SP6. 112 ( RD-
Part of Lot 3, Con 1,
Minimum setback from the Mountjoy River for a
2001 -
RU)
Ogden , Pcl 24650
seasonal dwelling shall be 45 m.
5524
Schedule
1
S. E. C, Mining Claim P-
22996 ( 5627 010 060
02200)
SP6. 113 ( EA-
Lot
1, Plan M- 200, Coch
Minimum lot frontage shall be 22 m. Minimum
2001 -
CG)
876 Riverside Dr)
number of parking spaces shall be 14.
5548
Schedule 13
SP6. 114 ( NA-
Lot 376 and part Lot
Permitted uses restricted to a ( medical) clinic.
2001-
R3)
375, Plan M- 59, Coch,
Maximum number of medical doctors shall be
5563
Schedule 14
Part of lane allowance,
two. Maximum support staff shall be one
Part 11, Plan 6R-6876,
secretary and one nurse. Minimum number of
Pcl 14191W & T ( 651
parking spaces shall be two and shall be located
Ross Ave)
in the front yard ( Burke Street). Parking for
medical personnel and staff shall be at the
Timmins and District Hospital or other off-site
location except that the secretary and nurse may
park in the attached garage.
SP6. 115 ( NA-
Part 1, Plan 6R- 5751,
Minimum lot area and minimum lot frontage for
2001-
R1)
Pcl 8347 W & T ( 109
the triplex dwelling shall be 445 m2 and 14. 63 m
5564
Schedule 10
Crawford St)
respectively. Minimum interior side yard shall be
1. 85 m.
Section 6 -- 13
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 116 ( EA-
Lots 77- 79, Plan M- 58,
Permitted uses restricted to a general office and
2002 -
CG)
Coch, Pcls 9584 & 8917
parking area.
5657
Schedule 14
W & T ( 293 Pine St N)
SP6. 117 ( EA-
Lots 1- 5, 15 & 16, Plan
Minimum number of loading spaces for a
2002 -
CG)
6M- 452, part of Pcl
department store shall be two. Minimum front
5677
Schedule 12
17722 SEC, road
yard and interior side yards shall be 14 m and 3
allowances for Emerald
m respectively.
and Industrial Drive,
Plan 6M- 452 ( 1870
riverside Dr)
SP6. 118 ( EA-
Part of the north part of
Minimum front yard shall be 15 m. Minimum
2003 -
CH)
Broken Lot 5, Con 2,
exterior side yard shall be 10 m for Pad B and
5776
Schedule 12
Mountjoy, Part of Lots 3-
minimum exterior side yard of 15 m for Pad A.
Schedule 13
9, Plan M- 108, Coch,
Pcls 13037, 19160 &
19159 SEC ( 1500
Riverside Dr)
SP6. 119 ( NA-
Lot 83, Plan M- 8, Tem,
Permitted uses restricted to a professional office
2003-
R2)
Pcl 3994 W & T ( 476
on the ground floor and a dwelling unit on the
5780
Schedule 14
Rochester Ave)
second floor. The professional office shall be
restricted for the appraisals business with a staff
complement not to exceed three appraisers and
a secretary. Minimum number of parking spaces
shall be three plus the private garage in the rear
yard. A wooden residential fence shall be
installed and maintained along the north and
west property boundaries whose height shall
conform to By-law 1995-4839.
Section 6 -- 14
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 120 ( RD-
Lots 8 & 9, Plan M- 284,
Permitted uses restricted to a single detached
2003-
RE1)
Coch ( 345 Carium Rd)
dwelling, a home based ( contracting) business
5867
Schedule 15
with a commercial storage building having a
maximum floor area of 445 m2. Prohibited uses
shall include any on- site storage of fuel, oil and
chemicals associated with the business. The
number of employees shall be limited to five
including the owner and a secretary who reside
on-site and three off-site contractor employees.
Minimum number of parking spaces shall be
three. The outdoor storage area shall be located
behind the commercial storage area and
enclosed by a 2. 43 m chain link fence. The
manoeuvring space on the lot for the commercial
storage building/ use shall be oriented so that
equipment and vehicles exit onto Carium Road
front forward.
SP6. 121 ( NA-
Part of Lot 10, Con 4,
Minimum setback of a dwelling, accessory
2004-
R1)
Whitney, Parts 25-27,
structures, driveway or entrance from the
5978
Schedule 10
29, 51- 53, Plan Cr -598,
boundary of the Porcupine Lake wetland shall be
Pcls 12281, 12282 &
restricted to the westerly 50 m unless it is
12283 W & T ( 5627 040
demonstrated that there will be no negative
090 13600)
impacts on the ecological functions for which the
natural heritage feature is identified.
Section 6 -- 15
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 122 ( RD-
Part of Lot
1, Con 6,
Permitted uses restricted to an industrial building
2004 -
RU)
Mountjoy, Part 2, Plan
for storage of equipment and vehicles for a
6020
Schedule 8
6R- 7217, Pcl 24500
construction business. Prohibited uses shall
SEC ( 1280 Laforest St)
include the on- site storage of chemicals.
Maximum floor area dimensions for the industrial
building shall be 18. 2 m by 21. 3 m. Maximum
number of employees shall be six. Maximum
number of parking spaces shall be 10 and shall
be located in front of the industrial building.
Maximum number of commercial vehicles shall
be eight half ton trucks. Maximum area of
outdoor storage shall be 260 m2 and shall be
enclosed by a pressure treated fence with a
maximum height of 2. 13 m. The manoeuvring
space on the lot for equipment and vehicles shall
be oriented such that they exit Part 2, Plan 6R-
7217 front forward. A pressure treated wood
fence with a maximum height of 2. 13 m shall be
installed along the side lot lines between the
landscaped area and the back of the industrial
building. The landscaped area shall have a
minimum depth of 36 m and shall be located
between the industrial building and Laforest
Road, exclusive of driveways, entrances and
parking area.
SP6. 123 ( EA-
Lot 38, Plan M- 71, Tem,
Permitted uses restricted to the storage of
2004 -
CG)
Pcl 2197 W & T ( 48
recyclable goods/ items (e. g. furniture, other
6021
Schedule 10
Shamrock Ave)
household goods), the storage of equipment
incidental to the business (e. g. dehumidifiers, air
movers, air scrubber fans). Prohibited uses
include cleaning fluids or petro -chemicals. The
maximum number of commercial vehicles shall
include one van and one half ton pick-up. The
maximum number of employees shall be three.
One employee work station ( drafting table and
planning items) shall be permitted. Minimum
number of parking spaces shall be eight. No
outside storage shall be permitted including
tractor trailers and dumpsters. The
loading/ unloading door shall be located on the
east wall of the building. A 1. 82 m high wood
fence shall be installed and maintained along the
east lot line. A landscaped area shall be provided
at the south-west corner of the property.
Section 6 -- 16
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 124 ( NA-
Part of Lot 12, Con 3,
Permitted uses restricted to a retirement home in
2005 -
IN)
Tisdale, Pcl 3554, W &
which meals are provided and medication and
6110,
Schedule 9
T ( 750 Tamarack St)
personal services are administered to residents,
2005 -
Schedule 14
if required. Maximum number of care units shall
6117
be 100. Maximum occupancy shall include 115
residents excluding staff.
SP6. 125 ( EA-
Part of Lots 12- 16, Plan
Minimum setback from Government Road and
2005 -
CH)
M- 73, Coch, Part 1,
Riverside Drive shall be 3 m. Maximum coverage
6214
Schedule 12
Plan 6R- 1651 and Pcls
shall be 29%. Parking spaces shall be calculated
17309, 12538, 23653,
on the basis of: 1 space/ 22. 9 m2 of commercial
16709 & 12512 SEC
floor space for a home improvement store and an
2125, 2143 & 2199
automotive store; 1 space/ 18. 5 m2 of commercial
Riverside Dr)
floor space for a retail pad and
1 space/ 93 m2 for
warehousing and storage areas. Four entrance
and exit driveways to any parking area shall be
permitted. Each driveway shall have a minimum
width of 3. 5 m and each parking aisle shall have
a minimum width of 4. 5 m. A driveway leading to
a parking or loading area shall be defined by a
curb of concrete or rolled asphalt, except where
adjacent to a building, where drop curbing may
be used.
SP6. 126 ( EA-
Lots 46- 51, Plan M- 24,
Permitted uses restricted to a rehabilitation and
2006 -
CG)
Coch and lane
fitness centre. Minimum number of parking
6254
Schedule 14
allowance, Pcls 6672,
spaces shall be 24.
5490, 4887 & 4702 W &
T, ( 181 Dale Ave)
Section 6 -- 17
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
SP6. 127 ( RD-
Part of Lot 11, Con 5,
Permitted uses restricted to a single detached dwelling
2006 -
RU)
Tisdale, Part 3, Plan 6R-
and a home based commercial storage and moving
6280
Schedule
1
7094, Pcl 14228 ( 531
business. Maximum number of commercial buildings
Laforest Rd)
shall be three and may be developed in three phases.
Maximum floor area dimensions for permitted uses
shall be: two commercial storage buildings 9. 1 m by
30.48 m; one commercial storage building including an
existing detached garage 10. 36 m by 11. 58 m and an
addition not to exceed 11. 58 m by 20. 1 m. Maximum
number of commercial vehicles shall be three. A
parking area for the commercial vehicles shall be
provided to the rear of the dwelling and shall be
bordered by a 9. 1 m landscaped natural buffer along
the east lot line. The landscaped area shall be
maintained.
Maximum number of employees shall be four of which
two (owner and secretary) may reside on- site and two
off site. Minimum number of customer parking spaces
shall be four and shall be located to the front of the
dwelling. A landscaped area with a minimum depth of
54. 9 m shall be installed between the commercial
storage building and Laforest Road exclusive of
driveways, entrances/ parking areas. A landscaped
buffer) area consisting of coniferous trees having a
minimum height of 3 m shall be installed and
maintained along parts of the west property line and
along the southerly part of the landscaped area in the
front yard. Outside storage related to the commercial
use shall be prohibited.
SP6. 128 ( NA-
Block B, Plan M-
Minimum front and rear yards for proposed Lots
2006-
R1)
350, Coch Pcl 18604
43 and 47 shall be 4. 5 m.
6358
Schedule 17
5627 050 0051 24400)
SP6. 129 ( NA-
Part of Lot 3,
The minimum ( west) interior side yard
1999-
R1)
Concession 3 ( 921 &
requirement for the westerly lot shall be 1. 5
5261
Schedule 13
925 Park Avenue)
metres and that this westerly interior side yard of
1. 5 metres shall be adequately landscaped.
SP6. 130 ( NA-
Part of Lot 7,
The minimum yard adjacent to Riverside Drive
2007-
R1)
Concession 2, Mountjoy,
shall be 3 m. Off-street parking for commercial
6462
Schedule 12
Part of Parcel 11925,
development shall be provided at the rate of one
South East Cochrane
1) space per 22. 9 m2 of retail floor area.
2335 Riverside Dr)
Section 6 -- 18
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section 6 -- Special Provisions Reference Table
Special
Description: Despite the provisions of this
Provision #
Legal
By-law the following zone provisions shall
Former
Zone)
apply to the respective Special Provision
By-law #
Zone
Lots 136 and 137, Plan
Permitted uses restricted to a women' s shelter
2009-
SP6. 131 ( NA-
M- 56, Cochrane, Part of
having a maximum of 15 beds, 371 m2 [ 4000 ft']
6764
R1)
Block O, Plan M- 184,
and 46.45 m2 [ 500 ft2] for the garage portion of
Schedule 14
Cochrane, Part 1, Plan
the building.
CR -107, Parcel 9323,
Whitney and Tisdale
5627 050 017 17300)
SP6. 132 ( NA-
Lots 203 to 206, 295,
The proposed amending By-law changes the
2009-
RM2)
Plan M- 30 Sudbury
zoning of the subject property from Commercial
6765
Schedule 14
Parcels 506, 1205, 601,
Neighbourhood ( CN) and Residential Low
8035, 5855 Whitney and
Density ( R3) to Residential Medium Density
Tisdale
RM2).
Lots 296, 297, Plan M-
Additionally, the proposed amending By-law
30 Sudbury
exempts the apartment development from the
Parcels 3147, 5717, 741
Special Provisions for Apartment Dwellings
Whitney and Tisdale
relating to the provision of a children' s play area.
With this zoning change, an apartment dwelling
Lot 298, Plan M- 30
is permitted in conformity with the Provisions for
Sudbury
Residential Zones.
Parcel 1262 Whitney
and Tisdale
83 & 103 Sixth Ave,
and 95 Birch St N)
Section 6 -- 19
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE A - PERMITTED RESIDENTIAL USES
NA -R1
NA -R2
NA -R3
RM1
RM2
RD- RE1
RD- RE2
RD -WN
RMHP
RD -RU
Accessory uses, buildings and structures
X
X
X
X
X
X
X
X
X
X
Bed & Breakfast Establishment
X
X
X
X
X
X
Boarding House or Rooming House
X
Apartment
X
Apartment -in -a -House
X
X
Converted Dwelling
X
X
Duplex
X
X
Four-Plex
X
X
Garden Suite'
X
X
X
X
X
Group Home
X
X
X
X
X
Home Based Business
X
X
X
X
X
X
X
X
Mobile Home -- Single Wide
X
X
Mobile Home -- Doub le Wide
X
X
X
X
X
X
X
X
Multiple dwelling
X
Park Model Trailer
X
Row or Townhouse
X
X
Seasonal Dwelling
X
X
Semi -Detached Dwelling
X
X
Single Detached Dwelling
X
X
X
X
X
X
Triplex
X
Notes: 1. Subject to Temporary Use By- law.
Section 7 -- 1
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Accessory uses,
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
buildings and structures
Accessory Dwelling
X
X
X
Accessory Dwelling Unit
X
X
X
X
X
Adult Entertainment
REQUIRES SITE SPECIFIC REZONING
Parlour
Adult Video Rental
X
X
X
X
Establishment
Adventure Game
X
X
Aerial forest fire fighting
X
X
X
facilities
Aeronautical
X
X
X
instructional services
Aeronautical research
and development
X
facilities
Agricultural Services
X
X
Agricultural Use
X
X
X
Agricultural Related Uses
X
X
X
Air Ambulance
X
X
Air cargo warehousing,
distribution and transfer
X
stations
Section 7 -- 2
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Air carrier services
X
Air couriers
X
Air taxi service
X
Air terminal including
control towers and
X
refueling depots
Aircraft engine
manufacturing,
X
X
X
X
X
assembly, repair &
maintenance
Aircraft original
equipment
X
X
X
X
X
manufacturing
Aircraft sales, service
X
X
X
X
X
and repair
Airfield, Private
X
Airport
X
Animal Shelter
X
Asphalt Manufacturing
X
X
X
X
Plant
Assay Lab
X
X
X
X
X
X
Auction Room or Auction
X
X
X
Barn
Auto Body Shop
X
X
X
X
X
Section 7 -- 3
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Auto Repair Garage
X
X
X
X
X
Automotive Service
X
X
X
X
X
Station
Automotive Sales
X
X
Establishment
Automotive Store
X
X
X
X
X
Automotive Washing
X
X
X
X
X
Establishment
Bakery
X
X
X
X
Bake Shop
X
X
X
X
X
Bank
X
X
X
X
Batch Plant, Asphalt or
X
X
X
X
Concrete
Bingo Hall
X
X
X
Building Supply Store
X
X
X
X
and Lumber Outlet
Bulk Sales Establishment
X
X
X
X
Bulk Fuel Storage
X
X
Call Centre
X
X
X
X
Camp
X
X
X
Campground
X
Casino
X
X
X
Section 7 -- 4
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Catering Establishment
X
X
X
X
X
Cemetery
X
Clinic
X
X
X
X
Club or Clubhouse
X
X
X
X
X
Commercial
Entertainment
X
X
X
Establishment
Commercial Parking Lot
X
X
X
Communication,
scientific or
X
X
X
X
X
technological
establishment
Communications Facility
X
X
X
X
X
X
X
X
X
X
X
X
X
Community Centre
X
X
X
X
Computer/Data Centre
X
X
X
X
Concrete Manufacturing
X
X
X
X
Plant
Construction Yard or
X
X
X
X
X
X
X
Contractor's Yard
Convenience Retail Store
X
X
X
X
X
X
Custom Workshop
X
X
X
X
X
Day Nursery
X
X
X
X
X
Section 7 -- 5
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Dry Cleaning
X
X
X
X
Establishment
Driving Range
X
X
X
x
Drive- in Theatre
X
Educational Institutions
X
X
X
Equestrian
X
X
Establishment
Equipment Rental
X
X
X
X
X
Establishment
Factory Outlet
X
X
Finance, Insurance &
X
X
X
Real Estate Services
Flea Market
X
X
Flight Training Facility
X
X
X
X
Forestry Use
X
X
X
X
X
X
X
X
X
Funeral Home
X
X
Garden Centre
X
X
X
Gasoline Bar
X
X
X
X
X
X
Gasoline Card Lock
X
X
X
X
X
X
Facility
General Manufacturing
X
X
X
Industries
Section 7 -- 6
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
PERMITTED NOW
RESIDENTIAL USES
EA-
CG
EA-
CH
NA-
CN
EA-
CR
NA -IN
EA -11
EA -12
EA -13
EA-
IAP
EA-
IM
EA-
ISY
EA-
IWMF
RD-
RU
RD-
OS
RD-
HAZ
RD -
MX
General Office
X
X
X
X
X
Golf Course
X
X
Group Home
X
Health Institutions
X
X
X
X
Heliport
X
X
X
X
X
X
X
X
Home for the
Aged/ Retirement Home
X
X
X
Hostel
X
X
X
Hotel
X
X
X
Institution
X
X
X
X
X
Junk Yard
X
X
Kennel
X
Laundromat
X
X
X
Light Manufacturing
X
X
X
Local Retail Store
X
X
X
X
X
Log Hauling Operation
X
X
X
X
X
Marina
X
X
Marine Air Base
X
Marine Facility
X
X
X
Massage Establishment
X
X
X
X
Section 7 -- 7
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Mine
X
X
X
X
Note: Please see Section 4. 25 for properties located within the RD- HAZ-MIN
Mine -- Aggregate
X
X
X
X
Operation
Mini Warehouse and
X
X
X
X
X
Public Storage
Miniature Golf Course
X
X
X
X
Motel
X
X
X
X
Motor Vehicle Rental
X
X
X
X
X
Establishment
Nursing Home/ Long
X
X
X
Term Care Facility
Personal Service
X
X
X
X
X
X
Establishment
Place of Amusement
X
X
X
Place of Assembly
X
X
X
X
X
Place of Worship
X
X
X
Portable
X
X
X
X
X
Asphalt/Concrete Plant
Portable Sawmill
X
X
X
X
Printing and Publishing
X
X
X
X
Establishment
Private Club
X
X
X
X
X
Section 7 -- 8
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Private Daycare
X
X
X
X
X
Professional Office
X
X
X
X
X
Public and private
aeronautical recreational
X
uses
Public and Private
X
Hangar
Recreational Facilities
X
X
X
X
X
X
X
Research and
Development Facility,
X
X
X
X
X
Laboratory
Recycling Depot or
X
X
Transfer Station
Restaurant or Tavern
X
X
X
X
X
X
Restaurant, Drive-
X
X
X
Through Service
Retail Trade
X
X
X
X
Establishment
Sawmill or Planing Mill
X
X
X
Service Shop
X
X
X
X
X
X
Shooting Range or Rifle
X
X
Club
Shopping Centre --
X
Community
Section 7 -- 9
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Shopping Centre --
X
X
X
Neighbourhood
Sidewalk Patio
X
X
X
X
X
Skateboard Park
X
X
X
X
Studio
X
X
X
X
X
X
Tourist Home
X
X
X
X
Tourist Establishment
X
X
X
Tourist Outfitters
X
X
X
X
X
Establishment
Transportation Depot
X
X
X
X
X
Utility Yard
X
X
X
X
X
X
X
X
Vehicle and equipment
X
X
X
X
X
X
X
testing facility
Veterinary Establishment
X
X
X
X
X
X
Video rental Outlet
X
X
X
X
X
Warehouse and
X
X
X
Wholesale Storage
Waste Management
X
X
Facility
Wayside Pit
X
X
X
X
X
X
X
X
X
X
Wayside Quarry
X
X
X
X
X
X
X
X
X
X
Section 7 -- 10
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
TABLE B -
EA-
EA-
NA-
EA-
EA-
EA-
EA-
EA-
RD-
RD-
RD-
RD -
PERMITTED NOW
CG
CH
CN
CR
NA -IN
EA -11
EA -12
EA -13
IAP
IM
ISY
IWMF
RU
OS
HAZ
MX
RESIDENTIAL USES
Wholesale Trade
X
X
X
Establishment
Wind Farm
X
X
X
Wind Turbine
X
X
X
X
X
X
X
X
X
Wind Turbine --
X
X
X
X
Commercial
Section 7 -- 11
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section
7 -
12
MINIMUM
MAXIMUMMAXIMUM
MINIMUM
MINIMUM
MINIMUM
TABLE C -
MINIMUM
LOT
FRONT
EXTERIOR
INTERIOR
MINIMUM
BUILDING
LOT
RESIDENTIAL ZONE
ZONE
LOT AREA
FRONTAGE
YARD
SIDE YARD
SIDE
REAR YARD
HEIGHT
COVERAGE
REQUIREMENTS
M2)
M)
M)
M)
YARD
AR
M)
M)
M
RD- RE1
1, 400
30
7. 5
7. 5
15
11
25
Single Detached Dwelling
RD- RE2
4,000
60
7. 5
7. 5
6' 0
7. 5
15
11
15
NA -R1
460
15. 2
7. 5
3. 5
7. 5
11
35
NA -R2
370
12. 2
7. 5
3. 5
See
7. 5
11
35
NA -R3
285
9. 1
7. 5
3. 5
iv) orR1R3
R3
forR
7. 5
11
35
Semi -Detached Dwelling
NA -R2
555
18. 2
7. 5
3. 5
See 5. 9. 1( b -c)
7. 5
11
35
NA -R3
460
15. 2
7. 5
3. 5
7. 5
11
35
Duplex
NA -R2
555
18. 2
7. 5
3. 5
See 5. 9. 1( c) ( i)-
7. 5
11
35
NA -R3
460
15. 2
7. 5
3. 5
iv)
7. 5
11
35
Triplex
NA -R3
555
18. 2
7. 5
3. 5
2. 5
7. 5
11
35
Four-Plex
NA -R3
555
18. 2
7. 5
6
2. 5
7. 5
11
35
NA- RM1
555
18. 2
7. 5
6
2. 5
7. 5
11
Row or Townhouse (per
NA- RM1
185
6
7. 5
6
6
7. 5
11
35
dwelling unit)
NA- RM2
185
6
7. 5
6
s6
7. 5
11
35
Apartment/Multiple dwelling
NA- RM2
850
21. 5
7. 5
See 5. 9. 1( c) ( v)
6
7. 5
11
35
Converted Dwelling
NA -R2
555
18. 2
7' S
3. 5
See 5. 9. 1( c)
7. 5
11
35
NA -R3
460
15. 2
3. 5
vi)
Seasonal Dwelling (see
RD -WN
2, 700
45
7. 5
6
3
7. 5
11
15
5. 9. 1 W)
1. Mobile Home - Single Wide
RD -WN
4,000
45
7. 5
6
3
7. 5
4.5
5
see 5. 9. 1 (
m))
2. Park Model Trailer
RD -MHP
370
12. 2
6
3. 5
1. 5
4.5
4.5
25
Mobile Home - Double Wide
RD -WN
4,000
45
7. 5
6
3
7. 5
4.5
15
RD- RE1
1, 400
30
7. 5
7. 5
6
15
4.5
25
Section
7 -
12
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section
7 -
13
MINIMUM
MAXIMUMMAXIMUM
MINIMUM
MINIMUM
MINIMUM
TABLE C -
MINIMUM
LOT
FRONT
EXTERIOR
INTERIOR
MINIMUM
BUILDING
LOT
RESIDENTIAL ZONE
ZONE
LOT AREA
FRONTAGE
YARD
SIDE YARD
SIDE
REAR YARD
HEIGHT
COVERAGE
REQUIREMENTS
M2)
M)
M)
M)
YARD
AR
M)
M)
M
RD- RE2
4,000
60
7. 5
7. 5
7. 5
15
4.5
15
NA -R2
370
12. 1
7. 5
3. 5
5. 9. 1( c) ( i) -( iv)
7. 5
4.5
35
NA -R3
285
9. 1
7. 5
3. 5
1. 5
7. 5
4.5
35
RD -MHP
460
15. 2
6
3. 5
4.5
4.5
25
Boarding House or Rooming
NA -R3
555
18. 2
7. 5
6
2. 5
7. 5
11
35
House
NA- RM1
460
15. 2
7. 5
6
2. 5
7. 5
11
35
Waterfront
Included in
Boat House
Zones
0. 9
3. 7
maximum lot
coverage
Playground
All Zones
Same as zone in which park or playground is located
11
35
Public Park
All Zones
11
35
Public Use
All Zones
Same as zone in which public use is located
11
35
Garden Suite (see 4.13)
See Table A
Same as zone in which garden
7. 5
R1 7. 5
3
3
Suite is located
R2, R3- 3. 5
Group Home ( see 4. 14)
See Table A
Same as zone in which group home is located
Mobile Home Park (see
RD -MHP
4 ha
7. 5
7. 5
7. 5
7. 5
4.5
5. 9. 1( q))
Home Based Business
See Table A
Same as zone in which home based business is located
Accessory uses, buildings
Included in
and structures (see 4. 1)
All Zones
Same as main building except 4. 1. 3 exemptions
See Section 4. 1
4. 1
maximum lot
coverage
Section
7 -
13
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section
7 -
14
MINIMUM
MINIMUM
MINIMUM
MINIMUM
MAXIMUM
MAXIMUM
TABLE D - NOW
MINIMUM
LOT
FRONT
EXTERIOR
INTERIOR
MINIMUM
BUILDING
LOT
RESIDENTIAL ZONE
LOT AREA
FRONTAGE
YARD
SIDE YARD
SIDE
REAR YARD
HEIGHT
COVERAGE
REQUIREMENTS
M)
M)
M)
M)
YANRD
M)
M)
100 See 4.24,
EA -CG
None except per 5. 9. 2( a)( i) and 4. 2
None
4. 31 and 5. 9. 2. a
i)
EA -CH
700
23
14
7. 5
3
7. 5
None
25
See 5. 9. 2( a)( i)
See 5. 9. 2( a)( i)
EA -CR
2, 800
30
15
7. 5
7. 5
7. 5
11
35
See 4.26
See 4.26
See 4.26
See 4.26
NA -CN
1, 000
30
7. 5
6
See 5. 9
See 5. 9
11
35
NA -IN
1, 100
45
7. 5
6
2. 5
See 5. 9
7. 5
11
35
EA -11
20
7. 5
7. 5
4.5
7. 5
50
See 4.26
EA -12
See 4. 26
20
7. 5 or
3. 5 or
See 5. 9 and 4.26
7. 5 or
11
50
See 4. 26
See 4.26
See 4. 26
EA -13
20
15 or
15
15
15
11
50
See 4.26
EA -IAP
7. 5
4. 5
3
7. 5
11
75
See 5. 9
EA -IM See 4. 25 and 4.26
15 and see 4. 25
15 and see 4.25
15 and see 4.25
15 and see 4. 25
11
and 4.26
and 4.26
and 4.26
and 4.26
EA-ISY
4 ha
100
15
15
7. 5
7. 5
11
See 4. 26 and 5. 9
EA- IWMF
20
15
15
15
15
11
Section
7 -
14
The Corporation of the City of Timmins
Zoning By-law 2011- 7100
Section
7 --
15
MINIMUM
MINIMUM
MINIMUM
MINIMUM
MAXIMUM
MAXIMUM
TABLE D - NOW
MINIMUM
LOT
FRONT
EXTERIOR
INTERIOR
MINIMUM
BUILDING
LOT
RESIDENTIAL ZONE
LOT AREA
FRONTAGE
YARD
SIDE YARD
SIDE
REAR YARD
HEIGHT
COVERAGE
REQUIREMENTS
M)
M)
M)
M)
YANRD
M)
M)
RD -RU
2 ha
100
7. 5
7. 5
7. 5
7. 5
11
5
RD -OS
15
15
15
15
11
RD- HAZ, RD- HAZ-MIN
15 and see 4. 25
15 and see 4.25
15 and see 4.25
15 and see 4. 25
11
See section 4.25 and 4. 26
and 4.26
and 4.26
and 4.26
and 4.26
RD -WET
RD- MX See section 4.26
15 and see 4. 26
15 and see 4.26
15 and see 4.26
15 and see 4. 26
11
RD-WHPA
7. 5
7. 5
7. 5
7. 5
11
Section
7 --
15
City of Timmins
w
c.
H,
Wt. ,), ..
F- -
o Mr', ,
uFu
ZONING BYLAW
u.....;
w.
i
Por !
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Schedule
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ZONING BYLAW
Schedule 2
See Schedule
1
Legend
usyeannod aha Zones
lab
las
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ly
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See Schedule 1
owe Myc.. lma:
ruts stow+ ..
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Date: Mey 2011
s Vr.
City of Timmins
ZONING BYLAW
See Schedule
1
Schedule 3
I
Lot 9
RD- RU
I
Lot 8
I
Lol 7 ,
i1
Legend
Neiglidouitiood idea Zones
i
1
Low Density Residential
Residential F11$
1 Density
Redden.'
Second Density
RD- MX
1
1 ,
i
Residential Third Density
Medium Residential Density
Residential Medium Density I
Residential Madturn Density 2
Institukun. 11
Coldneidal EleoghborM100, 1
WE
61,
1
I
1
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t
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1
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1
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May 2011
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CO
City of Timmins
ZONING BYLAW
Schedule 4
Legend
N. i,
botrhood Mee Zones
Lav Densly Rewdentia
Residential First Density
Hesdeltial Second Density
Residential Thud Density
See Schedule
1
Medium Residential Density
Hesdennal Medium Density I
Lot 12
J --
LDI!
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stitutonal
Comnwlael NBlglbvlgad
rd
Employment Wee done.
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1
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rated ey.
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52 South steel
Peth, 13. 4
10112G1
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City of Timmins
ZONING BYLAW
Schedule 5
Legend
Neighbourhood Area Zones
Low Densly Reedeneal
Residential Fuld Densly
I+-'
I
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N` t
TA9a\-'4
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1
haat Map 00aled By
un.rua.e.
CCAS Sobel Sduh ne
52 Smith Sae.
P0, 0,
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Dale: Me/ 2011
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City of Timmins
ZONING BYLAW
Schedule 6
Legend
See Schedule
1
Neighbourhood Area Zones
Low Density Residential
Ilk
Residential Fhsl Density
r.---,
I
Residential Second Densly
1
Lot 8
a
Lot..7.
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Ir!"l
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m
See Schedule'
ZONINGTiBYLAW
n
I
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Schedule 7
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Legend
d'
Q'
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Residential First Denely
I:,.'
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Residential Second Density
IHesldenkal Third Densely
Ix..
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MnedDensity
Density
1
7
N
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f'-{
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V
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City
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MN
Airport
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City of Timmins
ZONING BYLAW
Schedule 8
Legend
NeipM1LokoUl Nea Zoiwii
r.
1
See Schedule
1
3
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City of Timmins
ZONING BYLAW
Schedule 9
Legend
See Schedule 8
L.
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City of Timmins
ZONING BYLAW
Schedule 10
Legend
Rarpltinor
o0 NM Zona.
See Schedule 1
Law Deneb Rn. N. ntlel
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r
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j
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RDRU
atiumRaatlaNWDern*
Rendered Medius Density
fleatleraiY Mahan Density t
I o(-!. W
Employment Nee Zones
Cornmeal
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1
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TEL 1113 301 aRt
Date
May 2011
wrry. u. n
City of Timmins
ZONING BYLAW
Schedule 11
See Schedule 1
Lol 10 '
Lo19
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Lui 6
I
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1
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1
City of Timmins
ZONING BYLAW
Schedule 13
Legend
See Schedule 9
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City of Timmins
See Schedule 9
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1
ZONING BYLAW
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May 201
1
City of Timmins
ZONING BYLAW
Lot 10
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Schedule 15
A
Legend
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City of Timmins
ZONING BYLAW
Schedule 16
Legend
See Schedule 13
Neighbourhood Area Z°
e'
1
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L,
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1
L
OIpMI Map Crated By
n.
a.. wnx.. x...
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CGIS Spatial So0Bbns
52 Sawn Street
Pere1, ON KJH 207
1EL-.8133884321
Date'. May 2011
ewer cps cam
City of Timmins
ZONING BYLAW
Schedule 17
See Schedule 14
Legend
e In
i . I
IMm
RD -
MIN LOt 1
RD-
HP".
Lot 9
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Lot
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Schedule 18
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