Township of Tyendinaga Comprehensive Zoning By-law 03-16 (Consolidated Text, Exhibit A) - Sight Triangle Provision
Tyendinaga, Ontario
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EXHIBIT " A"
TO
TOWNSHIP OF TYENDINAGA
ZONING BY- LAW
NUMBER 03 -
16
GARET WALSH, REEVE
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
TOWNSHIP
OF TYENDINAGA
ZONING
BY-LAW --
TABLE
OF
CONTENTS
Page
SECTION
1 - PURPOSE ................................................................................................... , ....................
1
SECTION
2 - TITLE ...............................................................................................................................
1
SECTION
3 - DEflNITIONS ..................................................................................................................
2
SECTION 4 - ADMINISTRATION .......................................................................................................
29
4.1
ZONING ADMINISTRATION ...................................................................................
29
4.2
ISSUANCE OF BUILDING
PERMITS .........................................................................
29
4.3
APPLICATIONS
FOR BUILDING
PERMITS ...............................................................
29
4.4
INSPECTION
OF LAND OR BUILDINGS .................................................................
30
4.5
VIOLATIONS
AND PENALTIES ................................................................................
30
4.6
CERTIFICATE
OF CONVERSION ..............................................................................
30
4.7
VALIDITY, EFFECTIVE
DATE AND EXISTING
BY-LAWS ..........................................
31
SECTION
5 - GENERAL
PROVISIONS ................................................................................................
32
5.1
APPLICATION ...........................................................................................................
32
5.2
INTERPRETATION .....................................................................................................
32
5.3
ZONES .......................................................................................................................
32
5.4
HOLDING
ZONES ....................................................................................................
33
5.5
PROHIBITIONS .........................................................................................................
34
5.6
PLANNED WIDTH OF ROAD ..................................................................................
35
5.7
ENVIRONMENTAL
PROTECTION ( EP) AND ENVIRONMENTAL
PROTECTION
WETLAND ( EPW) ZONES .................................................................
35
5.8
ENVIRONMENTALLY
SENSITIVE LANDS .................................................................
36
5.9
LANDS ADJACENT TO WATERBODIES, WATERCOURSES,
EMBANKMENTS, FLOODPLAINS
AND ENVIRONMENTALLY
SENSITIVE
LANDS
37
5.10
NON- CONFORMING
USES .....................................................................................
38
5.11
NON- COMPLIANCE
OF EXISTING
USES .................................................................
39
5.12
REPLACEMENT
OF BUILDINGS
OR STRUCTURES .................................................
39
5.13
EXISTING
UNDERSIZED
LOTS .................................................................................
39
5. 14
YARD ENCROACHMENTS
PERMITTED ...................................................................
39
5.15
LANDS SEVERED
BY PUBLIC UTILITY
LINES ...........................................................
40
5.16
TEMPORARY
USES ...................................................................................................
41
5.17
PUBLIC
USES AND UTILITIES AND COMMUNITY
FACILITIES ..............................
41
5.18
MULTIPLE
USES ON ONE LOT ................................................................................
41
5.19
DWELLING
OR DWELLING
UNIT AS AN ACCESSORY
USE IN
A NON- RESIDENTIAL
SETTING ...............................................................................
42
5.20
PROHIBITED
USES ....................................................................................................
42
5.21
OBNOXIOUS
USES ........ ,. ..........................................................................................
43
5.22
SPECIAL OCCASION
USES .......................................................................................
43
5.23
TRUCK, BUS AND COACH BODIES ........................................................................
43
5.24
SWIMMING POOLS ......................... : ........................................................................
44
5.25
ACCESSORY BUILDINGS .........................................................................................
44
5.26
FRONT AGE ON A STREET ........................................................................................
45
5.27
RESIDENTIAL EXTERIOR SIDE YARDS ......................................................................
45
5.28
SIGHT TRIANGLES ....................................................................................................
45
5.29
HOME OCCUPATIONS ............................................................................................
45
5.30
HOME INDUSTRY .....................................................................................................
46
5.31
OFF STREET PARKING PROVISION .........................................................................
47
5.32
LOADING SPACE REQUIREMENTS .........................................................................
52
5.33
GROUP HOMES .......................................................................................................
52
5.34
AREAS OF INFLUENCE - MX, WO ZONES AND AREAS OF MINERAL
AGGREGATE PRESERVATION ..................................................................................
53
5.35
AGRICULTURE- MINIMUM DISTANCE SEPARATION ...........................................
53
5.36
SECONDARY FARM OCCUPATION ........................................................................
54
5.37
WATERTAKING
PERMITS .........................................................................................
54
5.38
OPEN STORAGE .......................................................................................................
55
5.39
EXTERNAL DESIGN ...................................................................................................
55
5.40
HEIGHT EXCEPTIONS ..............................................................................................
55
5.41
ABANDONED EQUIPMENT .....................................................................................
55
5.42
STORAGE AND PARKING OF MOTOR VEHICLES AND TRACTOR
TRAILER TRUCKS ......................................................................................................
55
5.43
INTERIOR SIDE YARD - MARINE FACILITIES AND COMMUNAL DOCKS .............
56
5.44
OUTDOOR WOODBURNING FURNACES .............................................................
56
5.45
TRAVEL TRAILERS, MOTORIZED MOBILE HOMES, RECREATIONAL
VEHICLES, CAMPER TRAILERS, TRUCK CAMPERS ..................................................
56
5.46
MODULAR HOMES ..................................................................................................
56
5.47
KENNELS ...................................................................................................................
57
5.48
LIMITED SERVICE RESIDENTIAL DEVELOPMENT ....................................................
57
5.49
MINIMUM GROSS FLOOR AREA IN A DWELLING UNIT ...................................... 57
5.50
DEVELOPMENT ADJACENT TO CNR LINE ..............................................................
58
SECTION 6 - PA - PERMANENT AGRICULTURE ZONE ....................................................................
59
SECTION 7 - MA - MARGINAL AGRICULTURE ZONE .....................................................................
62
SECTION 8 - RR - RURAL RESIDENTIAL ...........................................................................................
66~
SECTION 9 - LSR - LIMITED SERVICE RESIDENTIAL ..........................................................................
70
SECTION 10 - WR - WATERFRONT RESIDENTIAL ............................................................................
72
SECTION 11 - MHR - MOBILE HOME RESIDENTIAL ................................................. : ......................
74
SECTION 12 - R1 - RESIDENTIAL FIRST DENSITY ZONE ..................................................................
76-
SECTION 13 - R2 - RESIDENTIAL SECOND DENSITY ZONE ............................................................
78
SECTION 14 - MR - MULTIPLE RESIDENTIAL ZONE .........................................................................
81
SECTION
15 - UC - URBAN COMMERCIAL
ZONE ...........................................................................
8.3
SECTION
16 - RC - RURAL COMMERCIAL
ZONE ............................... ~ ............................................
88.
SECTION
17 - RRC - REC REATIONAURESORT
COMMERCIAL ........................................................
92
SECTION
18 - UI - URBAN INDUSTRIAL
ZONE ...............................................................................
95
SECTION
19 - RI - RURAL INDUSTRIAL ZONE .................................................................................
98
SECTION 20 - MX- MINERAL EXTRACTIVE
ZONE .........................................................................
102
SECTION
21 - M - MINING ZONE ...................................................................................................
104
SECTION
22 - WO - WASTE DISPOSAL ZONE ...............................................................................
105
SECTION
23 - CF - COMMUNITY
FACILITY ZONE ........................................................................
108
SECTION 24 - GH - GROUP HOME ZONE .....................................................................................
110
SECTION
25 - OS - OPEN SPACE ZONE .........................................................................................
111
SECTION 26 - EPW- ENVIRONMENTAL
PROTECTION
WETLAND
ZONE ...................................
112
SECTION
27 - EP - ENVIRONMENTAL
PROTECTION
ZONE .........................................................
113
APPENDIX
1
APPENDIX
2 -
MINIMUM
DISTANCE
SEPARATION
I
MINIMUM
DISTANCE
SEPARATION
II
THE CORPORATION
OF THE TOWNSHIP
OF TYENDINAGA
ZONING
BY-LAW
By-law No. __ _,
SECTION
1 - PURPOSE
This comprehensive
Zoning
By-law
is intended
to prohibit
the use of land and the erection
or use of
buildings
or structures
for or except
for such
purposes
as
set down
in
this
by-law; to prohibit
the
erection
or use of buildings
on land which
is subject to flooding, or on land by reason
of its rocky,
marshy
or unstable
character
the cost of construction
of satisfactory
waterworks,
sewage, or drainage
facilities
is prohibitive;
to regulate
the height, bulk, location, size, floor area, spacing, character
and
use of buildings
or structures;
to regulate
the minimum
frontage
and depth
of a parcel
of land and
the portion
of the
area
thereof
that any building
or structure
may
occupy; to require
loading
and
parking
facilities
for
buildings
or
structures
erected
or
used
for
certain
purposes;
to
prohibit
the
making
or
establishment
of pits
and
quarries
within
defined
areas
and
to
regulate
the
making
or
establishn, ent of pits and quarries
within defined
areas of the municipality.
SECTION
2 - TITLE
This
By- law shall
be cited
as " Zoning
By-law No._" and shall apply to all land
included
within
the Township
of Tyendinaga
as shown on the attached
schedules.
TOWNSHIP
OF TYENOINAGA-
COMPREHENSIVE
ZONING
BY- LAW
SECTION 3 - DEFINITIONS
For the purposes of this By-Law, the definitions and interpretations in this Section shall govern
unless the context indicates otherwise. The word " shall" is mandatory and not directory. Words
used in the present tense include the future tense and the reverse. Works used in the plural number
include the singular number and the reverse.
2
3.1 "
ABANDONED"
shall mean the failure to proceed expeditiously with the construction of a
work, specifically abeyance of construction for six months.
3.2 "
ABATTOIR" shall mean a slaughter- house designed for the purpose of killing animals,
skinning, dressing and cutting up of carcasses, wrapping for sale for human consumption
with cooler and freezer storage and may include indoor confinement or animals while
awaiting slaughter but shall not include the manufacturing of meat by-products or any
process related to rendering plants such as the manufacture of tallow, grease, glue, fertilizer,
or any other inedible product.
3.3 "
ACCESSORY BUILDING" shall mean a detached building or structure, the use of which
is customarily incidental and subordinate to a principal use, building or structure and located
on the same lot and includes, but is not limited to, the following: sauna, storage shed,
boathouse, gazebo, pumphouse, deck, detached private garage and detached carport.
3.4 "
ACCESSORY USE" shall mean a use customarily incidental and subordinate to, and
exclusively devoted to the main use of the lot, building or structure and located on the same
lot as such main use.
3.5 "
ADJACENT LANDS ( WETLAND)" shall mean those lands within 120 metres ( 393.7 ft.)
of an individual Environmental Protection Wetland Zone.
3.6 "
AGRICULTURE/ AGRICULTURAL USE" shall mean the use ofland, buildings or
structures for the purposes of the growing of field crops, flower gardening, market
gardening, berry crops, tree crops, nurseries, aviaries, apiaries or farms for the grazing,
breeding, raising, boarding of livestock or any other similar uses carried on in the field of
general agriculture, including the sale of such produce, crops or livestock produced on the
same lot.
3.7 "
AGRICULTURE, INTENSIVE" shall mean a livestock operation which either exceeds 100
livestock units or exceeds 50 livestock units with a livestock density of greater than five ( 5)
livestock units per cropped ( land base) hectare.
3.8 "
AGRICULTURAL
PRODUCE SALES OUTLET" shall mean a seasonal use accessory to
a farm which consists of the retail sale of agricultural products such as fruit, vegetables,
flower or farm produce, the majority of which are produced on the farm where such outlet is
located.
3.9 "
ALTER" shall mean any alteration in a bearing wall or partition, column, beam, girder or
other supporting member of a building or structure or any increase in the area or cubic
contents of a building or structure. When used in reference to a lot, the word " alter" means
to decrease the width, depth or area of any required yard, setback, landscaped open space or
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
3
parking area or to change the location of any boundary
of such
lot with
respect to a public
highway
or laneway, whether
such
alteration
is made
by conveyance
or alienation
of any
portion
of
said
lot
or
otherwise.
The
words "
altered"
and "
alteration"
shall
have
a
corresponding
meaning.
3.1 O "
AMUSEMENT
ARCADE" shall mean a building or place of amusement
containing
games of
chance
and/ or skill, including
pinball/ video
games
and billiards
to be used
by the general
public for recreational
purposes
and operated
for a profit.
This definition
does not include
an establishment, the primary
use of which
is not an amusement
arcade
and
in which
not
more than 3 such games of chance are located.
3.11 "
ARENA"
shall
mean
a building
or
structure
constructed
around
an
ice
rink, including
spectator
seating, two
or more
seating
areas
for visiting
teams
and
provisions
rnade
for
storage and access of ice cleaning equipment
and all other required
equipment
used for the
purpose of organized activities including sports and other group functions.
3.12 "
ASSEMBLY
HALL" shall
mean
a building, or
pa11
of a building,
in
which
facilities
are
provided
for such
purposes
as meetings
for civic, educational, political, religious
or social
purposes and shall include a banquet hall, private club or fraternal organization.
3.13 "
ASSEMBLY
OPERATION"
shall
mean
the assembling
of finished
parts
or materials
into a
final product but shall not include any large scale manufacturing
operation
or any operation
discharging
large amounts of liquids.
3.14 "
AUCTION
OUTLET"
shall
mean
a
building
or
p,1rt
of
a
building
where
goods,
merchandise, substances, a11icles or things are sold at a public sale to the person who bids or
offers a higher price than any other is willing to pay.
3.15 "
AUTOMOBILE"
shall
mean
any vehicle
propelled
or driven
otherwise
than
by
muscular
power, but does not include railway cars powered
by steam, electricity or diesel fuel or other
vehicles
running
upon
rails or a motorized
snow vehicle, traction
engine, farm tractor, self-
propelled
implement
of husbandry
or
road- building
machine
within
the
meaning
of the
Highway Traffic Act.
3.16 "
AUTOMOBILE
BODY SHOP" shall mean a building where automotive
cleaning, polishing,
body repair and repainting
is conducted but shall not include any other automotive
use.
3.17 "
AUTOMOBILE
SALES AGENCY ( New and Used)" shall mean a building and/or lot used for
the display and sale of new and used automobiles
and may include the servicing, repair and
repainting
of automobiles, the leasing
or renting
of utility
or boat trailers
and
automobiles
and the sale of automotive
accessories
and related
products, but shall not include any other
defined automotive
use.
3.18 "
AUTOMOBILE
SERVICE
STATION"
shall
mean
a
building
or
place
where
gasoline,
propane, natural
gas, diesel, oil, grease, anti-freeze, tires, tubes, tire accessories, spark plugs,
batteries
and other related
items for automobiles, trucks, motorcycles, and snowmobiles
are
stored or kept for sale, or where such vehicles
may be oiled, greased, washed
or have their
ignitions
or brakes
adjusted, tires inflated, batteries
charged
or more generally
where
repair
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
4
or equipping
of automobiles
is executed
or performed.
An autonwbile
service
station
may
operate on a self-serve basis.
3.19 "
BASEMENT" shall n1ean that portion of a building or structure which
is partly underground
and
below
the
first
floor
and
which
has
at
least
one
half of
its
clear
height
above
the
adjoining ground level.
3.20 "
BASEMENT,
WALKOUT"
shall
mean
that
portion
of
a
building
which
is
partly
underground,
but which
has more
than
50% of the floor
area
not greater
than . 5
metres
below grade, and which has an entrance and exit at grade level.
3.21 "
BED
AND
BREAKFAST
ESTABLISHMENT"
shall
mean
a
single
detached
dwelling
containing
not
more
than
4
guest
rooms
used
or
maintained
for
the
short- term
accommodation
of the public, in
which the owner or head lessee supplies, for hire or gain,
lodgings
with
or
without
meals
for
4
or
more
persons
but
does
not
include
other
establishments
otherwise defined or classified herein.
3.22 "
BOARDING
OR ROOMING
HOUSE" shall
mean
a dwelling
in which
long- term
lodging
with or without meals is supplied
for gain to not more than 4 guest rooms but does not mean
or include a motel, hotel, hospital
or similar commercial, community
facility
or institutional
use, an apartment building or a bed and breakfast establishment.
3.23 "
BOATHOUSE,
PRIVATE" shall
mean
a detached
accessory
building
or structure
which
is
designed
or used for the sheltering of a boat or other form of water transportation
and storage
of household
equipment
incidental
to the residential
occupancy, which does not exceed
4.1
rn ( 13. 45 ft.) in height, as defined in this by-law.
3.24 "
BUILDING (
when
used
as
a
noun)"
shall
mean
any
structure
whether
temporary
or
permanent,
used
or built for the shelter, accommodation
or enclosure
of persons, animals,
materials, or equipment.
Any tent, awning, bin, silo, vessel
or vehicle
used
for any of the
said purposes shall be deemed a building.
3.25 "
BUILDING
HEIGHT" shall mean the vertical distance between the established
grade and:
i)
the highest point of a flat roof;
ii)
the deck line of a mansard roof;
iii)
the mean height between the eaves and ridges of a gabled or hip roof;
but exclusive of:
i)
a roof or penthouse
structure
accommodating
an elevator, staircase, tank, ventilating
fan
or other similar
equipment; a smoke
stack; barn; silo; communications
tower;
drive- in theatre screen; or other utilitarian
structure which does not provide habitable
living space.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
t
I' "'·
FRONT
GUIDE
TO
HEIGHT
DEFINITIONS
EAVE
SIDE
ONE SLOPE
ROOF
t..::;:=======::::.. J
FRONT
FLATROOF
GRADE
SIDE -----~--------_______________ ..._ ______ _
1/ 2 ------
1/ 2 !
ii
EAVE
C,
FRONT -!
t!
GABl.EROOF
SIDE ----------------------
RIDGE
1/ 2
1/ 2 ~
EAVE =
C,
FRONT
i
BlPROOF
SIDE -:-----------------------
RIDGE
1/ 2
1/ 2
fa
EAVE
LJ
FRONT
e
ft!
GAMBREL ROOF
SIDE ---------------------------
RIDGE
fa
EAVE
FRONT
m
MANSARD ROOF
SIDE -------------------...
s..---------------------
BASEMENT AND
t
A
J.
FIRST STOREY
C
f'L'VISH&D
t
CE~ C --
l
WBEN' A' IS
LESS THAN
1B' TBEN' C'
ISA CELLAR
LJ!
CELLAR DEFINITIONS
I
j
I
FIRST STOREY
Il
FtNlSHED_j
C'£ 1UNC
I
FINISHED
WHEN'/ t1IS
GRADE
C l
GREATER TRAN
B' THEN 'C' IS A
BASEMENT
t
B
5
3.26 "
BUILDING
SUPPLY OUTLET" shall mean an establishment
involved
in the storage, display
and
sales
of
building
supplies
including
lumber,
rnillwork,
siding,
roofing,
plun, bing,
electrical, heating, air conditioning
and similar items.
3.27 "
BUILDING,
PRINCIPAL"
shall
mean
a building
or structure
in which
the primary
use
is
conducted.
3.28 "
BULK STORAGE
YARD" shall mean a place where land
is used for the storage
in the open
of goods
and
materials, machinery,
petroleum
products
and/ or equipment,
but
does
not
include the storage of such items as would require approval
under the Health Promotion
and
Protection Act, as amended, nor does it include a salvage yard as defined by this by-law.
3.29 "
BUSINESS, ADMINISTRATIVE
OR
PROFESSIONAL
OFFICE" shall
mean
any building
or
part of a building
in
which
one
or more
persons
are
employed
in
the
management
or
direction
of any
agency, business, brokerage,
labour
or fraternal
organization
and
shall
include
offices
for
doctors,
dentists,
optometrists,
chiropractors,
drugless
practitioners,
barristers, solicitors, engineers, architects, land
surveyors
or chartered
accountants
and
for
any purpose incidental
thereto the administrative
office or offices of a non- profit organization
or a business, administrative
or professional
office or offices.
3.30 "
BY-LAW ENFORCEMENT
OFFICER" shall mean the officer or employee of the municipality
appointed
by the Corporation
with the duty of administering
c1nd enforcing
the provisions of
all municipal
by-lc1ws.
3.31 "
CABIN,
SLEEPING"
shc1II
mean
an
accessory
c1nd
subordinate
detached
building
or
structure
with a maximum
of 29.7 sq. rn ( 320 sq. ft.) designed
as sleeping
accommodation
only, to permit the better or more convenient
enjoyment of the principal
seasonal
residential
dwelling
and shall not contain
any plumbing
or sanitary waste disposal
systems.
In no case
shall the definition
of a sleeping
cabin
be deemed
to
include a premises
for the temporary
accommodation
of members
of the public
for a fee.
In the case of a sleeping
cabin
to be
located
on a lot which
is at least two times the minimum
lot frontage
and lot area required
by this By-law, a maximum of 55.7 sq. rn ( 600 sq. ft.) may be permitted.
3.32 "
CABIN, TOURIST"
shall
mean
a detached
building
for the
sleeping
accommodation
of
guests in which sanitary facilities
may be provided
but shall not contain any facilities for the
preparation
or cooking of food.
3.33 "
CAMP, CHARITABLE"
shall
mean
a seasonal
camp
operated
by a charitable
corporation
approved
under the Charitable Institutions Act.
3.34 "
CAMPER
TRAILER" shall
mean
any vehicle
in which
the assembly
can be erected, while
stationary,
using
the
trailer
body
and
related
components
for
support
and
utilized
for
temporary
living, shelter
and
sleeping
accommodation
with
or without
cooking
facilities,
which
is collapsible and compact while being drawn by an automobile.
3.35 "
CAMPING
ESTABLISHMENT"
shall
mean a tourist establishment
consisting
of at least five
5) camping
lots and
comprising
land
used
or maintained
as grounds
for the camping
or
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
6
temporary
parking
of travel
trailers, motorized
mobile
homes, recreational
vehicles, truck
campers, camper trailers or tents but does not include parks or camping grounds
maintained
by any
ministry
or department
of the Government
of Ontario
or Canada
or
any
Crown
corporation, commission
or board.
3.36 "
CARPORT" shall mean a building or structure of which
is used for the parking or storage of
private
passenger
automobiles
or commercial
vehicles
of less
than one tonne capacity
and
wherein neither servicing nor repairing of automobiles
is carried on for remuneration.
3.37 ' "
CAR WASH" shall mean a building or structure for the operation of automobile washing.
3.37.1 "
CAR WASH, AUTOMATIC"
shall mean a car wash where the labour
is not supplied
by the
patron.
3.37.2 " CAR
WASH, COIN
OPERATED"
shall
mean
a car
wash
where
the
patron
supplies
the
labour.
3.38 "
CART AGE
OR
EXPRESS
TRUCK
TERMINAL"
shall
mean
a building, structure
or place
wher-e
trucks
or tractor
trailers
are
rented, leased, kept
for
hire, or stored
or
parked
for
remuneration,
or
from
which
trucks
or
transports,
stored
or
parked
on
the
property, are
dispatched
for hire as common carriers, and which may include a warehouse.
3.39 "
CELLAR" shall mean the portion of a building or structure which
is pMtly underground
and
below
the first floor and which
has at least one half of its clear height below
the adjoining
ground level.
3.40 "
CHIEF
BUILDING
OFFICIAL"
shall
mean the officer or employee
of the municipality
and
appointed
by the Corporation
with
the duty of administering
the provisions
of the Ontario
Building Code, Building By-law and Zoning By-law.
3.41 "
CEMETERY"
shall
mean
a cemetery
or columbariurn
within
the meaning
of the Cemetery
Act, as amended.
3.42 "
CHURCH"
shall
mean
a building
which
may
include
a church
hall, auditorium, sunday
school,
convent,
monastery
or
other
related
uses, dedicated
to
public
worship
by
a
recognized
religion that is:
i)
charitable according to the laws of Ontario;
ii)
organized for the conduct of religious worship; and
iii)
permanently
established
both
as to the continuity
of
its existence
and
as to
its
religious beliefs and practices.
3.43 "
CLINIC"
shall
mean
a building
or part thereof
used
by qualified
medical
practItIoners,
dentists, osteopaths, or drugless practitioners, numbering
more than two for public or private
medical, surgical, physiotherapeutic
or other human health
purposes, but does not include a
private or public hospital.
TOWNSHIP
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3.44 "
CLUB" see " PRIVATE CLUB" and " COMMERCIAL
CLUB".
3.45 "
COMMERCIAL"
shall
mean
the
use
of land, buildings
or structures
for
the
purpose
of
buying
and
selling commodities
and
supplying
services
as distinguished
from
such
uses
as
the
manufacturing
or assembling
of goods, warehousing,
transport
terminals, construction
and other similar uses.
3.46 "
COMMERCIAL CLUB" shall mean a building or part of a building where a club is operated
for gain or profit and may include facilities for physical fitness and recreation.
3.47 "
COMMERCIAL VEHICLE" shall mean any automobile
having permanently
attached
thereto
a truck
or delivery
body
and
includes
ambulances,
hearses, fire
apparatus, police
patrols,
motor
busses
including
school
busses
and tractor trailers
used
for hauling
purposes
on the
highway.
3.48 "
CONSERVATION/ CONSERVATION
USES"
shall
mean
the
preservation,
protection,
improvement
and use of land and/or water for the purpose of planned
management
of these
natural resources.
3.49 "
COMMUNITY
CENTRE"
shall
mean
any
tract
of
land, building
or
buildings
used
for
community
activities
whether
used
for commercial
purposes
or not, the control
of which
is
operated under the Community
Centres Act, as amended
from time to time.
3.50 "
CONTRACTOR' S YARD" shall mean a plc1ce where land
is used for the storage in the open,
of goods
and
materials, machinery
and/ or equipment
normally
utilized
by the construction
industry
and may include the repair of machinery, but does not include
the storage of such
items
as would
require
approval
under
the
Health
Promotion
and
Protection
Act, R.S.O.
1980, Chapter 400, as
amended, nor does it include a salvage yard as defined by this by-law
nor equipment or materials
used for blasting.
3.51 "
CONVERTED DWELLING" see " DWELLING, CONVERTED".
3.52 "
CORNER LOT" see " LOT, CORNER".
3.53 "
CORPORATION" shall mean the Corporation
of the Township of Tyendinaga.
3.54 "
COTTAGE,
HOUSEKEEPING"
shall
mean
a
temporary
dwelling
unit
in
a
tourist
establishment
designed
for human
habitation
and
equipped
with
a kitchen, and
having
a
water supply
in common
with the other buildings
in a group, should
the cottage be part of a
group of similar cottages.
3.55 "
COUNCIL"
shall
mean
the
Municipal
Council
of
the
Corporation
of the
Township
of
Tyendinaga.
3.56 "
CRAFT
SHOP" shall
mean
a building
or structure
where
manufacturing
is performed
by
tradesmen
or craftsmen
requiring
manual or mechanical
skills and may include a carpenter' s
shop, a locksmith' s shop, a gunsmith' s shop, a tinsmith' s shop, a potter' s shop, a jeweller' s
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shop, sculptor' s studio
or similar
uses.
A craft shop
may also involve
the sale of goods or
materials manufactured
on the premises.
3.57 "
DAY
NURSERY"
shall
mean
a facility
operated
for
pre-school
age
children
within
the
meaning of The Day Nurseries Act, as amended.
3.58 "
DECK"
shall
mean
a horizontal
surface
supported
on
piers, free
of any
roof
or other
covering and which
may be surrounded
by a railing, the height of which
is governed
by the
Ontario Building Code.
I
3.59 "
DEER YARD" shall mean any area where deer concentrate
in the winter months.
3.60 "
DERELICT
VEHICLE" shall mean an automobile, whether or not intact or operable, which:
i)
is not currently
licensed
or is not exempt from licencing
for operation
on a highway
under the provisions of the Highway Traffic Act; and
ii)
has not been moved
under its own power during any period of 21
consecutive days;
and
iii)
is not located
in an enclosed
building
or other location
so as not to be visible from
any adjacent lands which are not occupied
by the owner of the vehicle,
but shall
not include an automobile
which
is kept for sale or repair upon premises which
are
lawfully
used
hereunder
for
an
automobile
body
shop, automobile
service
station
or
an
automobile
sales agency.
3.61 "
DEVELOPMENT"
shall mean the construction, erection, or placing of a building or structure
of any kind or the making of an addition
or alteration
to a building
or structure
that has the
effect of increasing
the size or usability
thereof, and
includes
such
related
activities
as site
grading and the placing or dumping of fill and/ or any other operations
that disrupt the natural
environment
in, on, over or under land or water.
3.62 "
DOCK"
shall
mean
a structure
built at or anchored
to the shore
at which
boats or other
floating
vessels
are
berthed
or
secured
to
and
which
may
provide
a foundation
for
a
boathouse.
3.63 "
DOCK, COMMUNAL" shall mean any dock owned and/or used by more than one interest.
3.64 "
DRY CLEANING
SHOP" see " LAUNDRY AND DRY CLEANING
SHOP".
3.65 "
DRIVE- IN RESTAURANT" see " RESTAURANT, DRIVE- IN".
3.66 "
DRIVEWAY"
shall mean an area of land which provides
vehicular access from the travelled
portion of a street to a parking aisle.
3.67 "
DRY IN DUST RY" shall mean an industry which does not require the excessive
use of water
or other fluids in an industrial
process.
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3.68 "
DUPLEX" see " DWELLING, DUPLEX".
3.69 "
DWELLING"
shall
mean a building or structure or part of a building or structure occupied
and capable of being occupied
for human habitation, and includes a building that would
be
or could
be intended
to be used for such purpose except for its state of disrepair and shall
include any mobile dwelling unit.
3.70 "
DWELLING, ACCESSORY"
shall
mean a single detached
dwelling which
is. accessory
to a
permitted
non-residential
use, located
on the same lot therein and
is occupied
by either the
owner or the person employed
on the lot where such dwelling
is located.
3.71 "
DWELLING
UNIT" shall mean a suite of two or more rooms, designed
or intended
for use
by one or more persons, in which sanitary conveniences
are provided, in which facilities
are
provided
for cooking, or the installation
of cooking equipment, in which a heating system
is
provided
and containing a private entrance from outside the building or from a common
hall
or stairway inside.
3. 71. 1 "
DWELLING
UNIT, ACCESSORY"
shall mean a dwelling unit which
is part of and accessory
to
a
permitted
non-residential
building
other
than
an
automobile
service
station
or
commercial
garage.
Such
dwelling
unit
shall
be
occupied
by
the
owner
of
the
non-
residential
building or by a person employed on the lot where such dwelling unit is located.
3.72 "
DWELLING, CONVERTED"
shall mean a dwelling
erected
prior to passing of this By-law
altered to contain not more than 2 dwelling units.
3.73 "
DWELLING, DUPLEX" shall mean a building that is divided
horizontally
into two dwelling
units, each
of which
has
an
independent
entrance
either
directly
or through
a common
vestibule.
3.74 "
DWELLING, MULTIPLE" shall mean a separate building containing
three or more dwelling
units which
are horizontally
and/ or vertically
attached
with
masonry
walls
and which
have
separate private entrances from the exterior of the building or from a common hallway.
3.75 "
DWELLING,
SENIOR
CITIZEN
MULTIPLE"
shall
mean
any
multiple
dwelling
for
senior
citizens
sponsored
and
administered
by any public
agency
or any service
club, church
or
non- profit
organization,
either
of which
obtains
its
financing
from
Federal,
Provincial
or
Municipal
governments,
or
by
public
subscription
or
donation,
or
by
any
combination
thereof, and
such
multiple
dwellings
shall
include
auxiliary
uses such
as club
and
lounge
facilities, usually associated
with senior citizens' development.
3.76 "
DWELLING,
SEASONAL"
shall
mean
a detached
building
constructed
and
used
as
a
secondary
place of residence for seasonal
vacations and recreational
purposes and not as the
principal
residence of the owner or occupant thereof.
3.77 "
DWELLING,
SEMI- DETACHED"
shall
mean
a
separate
building
containing
two
single
dwelling
units
separated
vertically
by a common
wall, each
unit having
separate
entrance
and exit facilities.
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3.78 "
DWELLING, SINGLE
DETACHED" shall
mean a separate
building
designed
and
intended
to be occupied
as a single housekeeping
unit.
3.79 "
DWELLING
UNIT, BACHELOR"
shall
mean
a dwelling
unit consisting
of cine bathroom
and
not
more
than
two
habitable
rooms
providing
therein
living, dining,
sleeping
and
kitchen accommodation
in appropriate individual or combination
room or rooms.
3.80 "
EATING
ESTABLISHMENT"
shall
mean
a building
or part of a building _ where
food
is
prepared
and/ or
cooked
for
sale
to
the
public,
and
includes
a
restaurant,
a
drive- in
restaurant, a take-out restaurant, a snack bar, a dairy bar, coffee shop, dining room, cafe, ice
cream
parlour, tea or lunch
room
or refreshment
stand
but does
not include
a boarding
or
rooming house or a chip wagon or chip truck.
3.81 "
ELDERLY
PERSONS'
CENTRE"
shall
mean
any
facility
intended
primarily
for
the
use of
elderly persons
for purposes
which
include social, cultural, athletic or recreational
activities,
and shall include any centre established
under the Elderly Persons Centres Act, as amended.
3.82 "
ENVIRONMENTAL
IMPACT
STUDY ( EIS)" shall mean a study prepared
in accordance with
established
procedures, as outlined in Section 3.2.8 of the County of Hastings Official Plan.
3.83 "
EQUIPMENT
SALES/RENTAL
AND
REPAIR
ESTABLISHMENT"
shall
mean
a building
or
part of a building, structure
or yard
in which
articles, machinery , rnd equipment, including
heavy machinery
are offered for rent and may be serviced
or repaired, and may be offered or
kept for rent, lease or hire under agreement for compensation.
3.84 "
ERECT"
when
used
in this By-law
includes
construction,
reconstruction,
and
relocation
of
buildings
and structures, and without limiting the generality of the work, also includes:
i)
any preliminary
physical operation such as excavating, filling, regrading or draining;
ii)
altering
any
existing
building
or
structure
by
adding,
enlarging,
extending,
remodelling, renovating, moving, demolishing, or effecting other structural changes;
iii)
any work for the doing of which a building permit is required
under the Building By-
law of the Corporation; and
iv)
erect, erected or erection shall have a corresponding
meaning.
3.85 "
ESTABLISHED
BUILDING
LINE" shall
mean
the average
setback
of the existing
buildings.
A building
line
is
considered
to
be
established
when
at
least
three
buildings
have
been
erected on any one side of a continuous
300 metres ( 984.3 ft.) of land with street frontage.
3.86 "
ESTABLISHED
GRADE" shall
mean
the average
elevation
of the ground
level or sidewalk
adjoining
the front wall of the building or structure.
3.87 "
EXISTING" unless otherwise
described, shall mean existing
as of the date of the passing of
this By- law.
3.88 "
EXTERIOR
SIDE LOT LINE" see " LOT LINE, EXTERIOR
SIDE".
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ESTABLISHED
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FRONT
YARD
REDUCTION
AVERAGE
SETBACK
NORMAL
7.5m,
REQUIRED
4--· .. -··-··-·---
t--·· .,_ .. ---·,-l~.,-=-.. - -
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ESTABLISHED/
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i/·
L
11
3.89 "
EXTERIOR SIDE YARD" see " YARD, SIDE".
3.90 "
FARM
IMPLEMENT
AND
SUPPLY
DEALER"
shall
mean
an
establishment
for
the
repair
and/ or sale of agricultural
implements
including
the sale of fLiel, lubricants
and related
items
for agricultural
equipment on the same premises.
3.91 "
FARM PRODUCE
OUTLET" shall mean a use accessory to a permitted
farm which consists
of the retail sale of agricultural
products.
3.92 "
FACTORY OUTLET" shall mean a building or part of a building
in which the wholesale sale
of products
to the general
public is carried
on. The outlet may or may not be in the factory
in which
the goods were produced
nor must the outlet be located
on the same property
in
which the factory
is located.
3.93 "
FLEA
MARKET"
shall
mean
a building
or part of a building
where
second
hand
goods,
articles
and antiques
are offered
or kept for sale at retail to the general
public but shall not
include any other establishment
otherwise defined or classified herein.
3.94 "
FLOOD
PLAIN" shall mean:
i)
the
area, usually
low
lands, adjoining
a watercourse
which
has
been, or may
be,
covered by flood waters; or
ii)
where
the high
water mark
is not known, any land
situated
between
a watercourse
and a line parallel to and at a distance of 15 metres ( 49. 2 ft.) measured , lt right angles
from the top of the bank of a watercourse; or
iii)
where
the
high
water
mark
is
not
known
and
the
bank
of a watercourse
is
not
discernible, the horizontal
area, 20 metres ( 65. 6 ft.) wide, on either side of the centre
of a watercourse.
3.95 "
FLOOR
AREA, GROSS" shall
mean the total floor area of all the storeys of a building
and
shall
include
the floor area of any apartment
or areas conrn1on
to the tenants, which floor
areas are measured
between
exterior
faces of the exterior walls of the building
at each floor
level, but excluding
car parking
areas
within
the building
and
any
finished
or unfinished
basement
or cellar.
For the purpose
of this definition, the walls of an inner court are and
shall be deemed to be exterior walls.
3.96 "
FLOOR, GROUND"
shall
mean
the lowest
storey
of a building, approximately
at or first
above the finished grade level.
3.97 "
FLOOR
AREA, GROUND"
shall
mean
the floor
area of the
lowest
storey
of a building,
approximately
at or
first
above
the
finished
grade
level, of which
the
area
is
measured
between
the exterior
faces of the exterior walls at the floor level of such storey, but excludes
car parking
areas within the building and any finished
or unfinished
basement or cellar.
For
the purpose
of this paragraph, the walls
of an inner court
are and
shall
be deemed
to be
exterior walls.
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3.98 "
FOOD
MARKET" shall
mean
a building
or part of a building
wherein
food
and
other
household items are kept for sale at retail to the general public and which operates on a self-
service, cash and carry basis.
3.99 "
FORESTRY/FORESTRY
USES" shall
mean
the
management, development, cultivation
and
harvesting
of timber
resources
to
ensure
the
continuous
production
of wood
or
wood
products, provision of proper environmental conditions for wildlife, protection against floods
and erosion, protection and production of water supplies, and preservation of the recreation
resource.
3.100 "
FOUNDATION"
shall
mean
a system
or
arrangement
of structural
members
including
footings, rafts or piles through which the loads from a building are transferred to supporting
soil or rock.
3.101 "
FRONT LOT LINE" see " LOT LINE, FRONT'.
3.102 "
FRONT YARD" see " YARD, FRONT".
3.103 "
FUEL STORAGE TANK" shall lllean a tcmk for the bulk storage of petroleum, gasoline, fuel,
oil, gas or flammable liquid or fluid but does not include a contc1iner for fl,rnm1c1ble liquid or
fluid legally and properly kept in a retail store or a tank for storage merely incidental to some
other use of the premises where such tank is loec1ted.
3.104 "
FUNERAL
HOME" shall
rne,111 , 1 building, or , 1 portion
of a building, designed
for
1lw
purpose
of furnishing
funeral
supplies
and
services
to
the
public , rnd
includes
facilities
intended for the prepar,Hion of the dead humcrn body for interment or creinalion.
3.105 "
GARAGE, COMMERCIAL" shc1II
rne,111 a building, structure or lot where corn111erci,il inotor
vehicles are stored or where vehicles are repaired or maintained.
3.106 "
GARAGE, PRIVATE" shall mean a separate building or a part of the principal building used
for the parking or storage of private passenger motor vehicles or commercial vehicles of less
than
one
tonne
capacity
and
wherein
neither
servicing
nor
repairing
is
carried
on
for
remuneration.
3.107 "
GARAGE, PUBLIC" see " AUTOMOBILE SERVICE STATION".
3.108 "
GAS BAR" shall mean one or more pump islands, each consisting of one or more gasoline
pumps and shelter having a floor area of not more than 9.3 square metres ( 100 square feet),
excluding washrooms, which shall not be used for the sale of any product other than liquids
and small accessories required for the operation of motor vehicles and shall not be used for
repairs, oil
changes
or greasing, but this definition
shall
not include
a kiosk
on
a pump
island.
3.109 "
GASOLINE
PUMP ISLAND" shall mean a structure which
is an accessory use intended to
provide gasoline for vehicles.
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3.110 "
GAZEBO" shall
mean
a freestanding, roofed
accessory
structure
which
is not enclosed,
except
for
screening
or
glass
and
which
is
utilized
for
the
purposes
of
relaxation
in
conjunction
with
a residential
dwelling
but
shall
not include
any
other
use
or activity
otherwise defined or classified in this By-law.
3.111 "
GI FT SHOP" shall mean a building or pa,1 of a building where crafts, souvenirs, gifts or
similar items are offered or kept for sale at retail to the general public but shall not include
any other establishment otherwise defined or classified in this By-law.
3.112 "
GOLF COURSE" shall mean a public or private area operated
for the purpose of playing
golf and includes a par 3 or larger golf course, a miniature golf course and driving range.
3.113 "
GREENHOUSE" shall mean a building for the growing of plants, shrubs, trees and similar
vegetation which are primarily intended to be transplanted outdoors.
3.114 "
GROUP HOME" shall mean a dwelling unit in which not less than three and no more than
six people receive specialized or sheltered
residential
care and accommodation
by virtue of
their physical, mental, e111otional, social or legal status and which is approved or licensed in
accordance with any Act of the Parli;:11nent of Ont;:1rio. Without limiting the generality of the
foregoing, group homes include a ho111e for foster children, a home for elderly persons, a
home for mentally retarded or physically disabled persons and a ho111e for people who are
convalescing after hospital treatment and are under 111edical supervision but does not include
a facility maintained and operated primarily for persons:
i)
who have been placed
on probation
under the Probation
Act, The Criminal
Code
Canada) or the Juvenile Delinquent Act (Canada); or
ii)
who have been released
on parole under the Ministry of Correctional
Services Act;
the Parole Act (Canada) or the Provincial Offences Act; or
iii)
who are admitted to the institution for correctional purposes.
3.115 "
HEALTH
SPA" shall
mean
a building
or
buildings
and
associated
land, facilities
and
accessory buildings and uses which provide for the physical and emotional treatment of the
human body.
3.116 "
HEREAFTER" shall mean after the date of the passing of this By-law.
3.117 "
HEREIN" shall mean in this By-law and shall not be limited to any particular section of this
By-law.
3.118 "
HIGH
WATER MARK" shall
mean the
111ark
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.
3.119 "
HOME INDUSTRY" shall mean an industry which
is clearly incidental or secondary to the
residential
use of a single detached dwelling and is conducted either entirely within a single
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dwelling or in an accessory building to a single dwelling, by an inhabitant thereof.
Such
industries shall include: a woodworking shop; a welding shop; a small engine repair shop, a
blacksmith shop or similar use.
3.120 "
HOME OCCUPATION"
shall mean a use which
is clearly incidental
or secondary to the
residential
use
of a dwelling
and
is
conducted
entirely
within
such
a dwelling
by
an
inhabitant thereof and shall not use more than 25% of the gross floor area of the dwelling.
Such uses may, among others, include an outlet or office for a real estate agent; hairdresser;
dressmaker; dentist; doctor; chiropractor; physiotherapist; licensed
masseur or masseuse or
osteopath or other professional; or a bed and breakfast establishment.
3.121 "
HOSPITAL, PRIVATE" shall
mean
a hospital
as defined
by the Public
Hospitals
Act, as
amended from time to time.
3.122 "
HOSPITAL, PUBLIC" shall
mean
a hospital
as defined
by the
Public
Hospitals
Act, as
amended from time to time.
3.123 "
HOTEL" shall mean a building or structure used for the purpose of catering to the needs of
the travelling public by supplying
sleeping accommodations, , md may or rnay not include
food and refreshments , md which may include perrn,rnent staff c1ccommocfation
and rnay or
may not be licenced under the Liquor Licence Act.
3.124 "
HUNT CAMP" shall rnean a base ec1mp for recreationc1I
actIvItIes
such
as hunting which
provides sec1sonal or temporary accornrnodc1tion only, in
c1 remote location where n1t111icip,il
or community
services
c1re
usuc1lly
not av,1ilc1ble
c1nd
shall
not rnean
a dwelling
unit or a
cornmercial facility and shc1II not be used for hc1bitation on a permanent basis.
3.125 "
INTENSIVE AGRICULTURE" see " AGRICULTURE, INTENSIVE".
3.126 "
INTERIOR SIDE YARD" see " YARD, SIDE".
3.127 "
KENNEL" shall mean an attached or detached
building or structure where dogs are kept,
boarded and/or bred, and shall contain no more than 10 dogs over the age of 4 months and
in which
enclosed
outside
runs
shall
be perrnitted, but shall
not apply to the keeping of
animals
in
a
veterinary
establishment
for
the
purpose
of
observation
and/or
recovery
necessary to veterinary treatment.
3.128 "
LANE" shall mean a thoroughfare or way, which affords only a secondary means of access
to abutting property.
3.129 "
LANDSCAPED" shall mean an area not built upon and not used for any purpose other than
as a landscaped area and which shall include at least a hedgerow of hardy shrubs or similar
type of vegetation not less than . 3 metres ( 1 ft.) in height at the time of planting and which,
when fully grown, will
reach a height of not less than 2 metres ( 6.6 ft.), extending the full
length
of the
landscaped
area
and
be
maintained
in
a
healthy
growing
condition. A
landscaped area does not include driveways, parking spaces or parking aisles.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
15
3.130 "
LAUNDRY AND DRY CLEANING SHOP" shall mean a building or part of a building used
for the purpose
of receiving
articles
or goods of fabric
to be subjected
to a commercial
process of laundering, dry cleaning, dry dyeing or cleaning elsewhere and for the pressing
and distribution of any such articles or goods which have been subjected to any such process
and shall include self-service laundry and/or self-service dry cleaning establishments.
3.131 "
LIVESTOCK" shall mean poultry, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats,
fur bearing animals or any other domesticated animal used for consumption.
3.132 "
LIVESTOCK
FACILITY" shall
mean a farm
unit which
includes
the
raising
or keeping of
livestock as defined herein.
3.133 "
LOADING
SPACE" shall
mean
an
unencumbered
area
of land
which
is
provided
and
maintained
upon the same lot or lots upon which
the principal
use
is located
and which
area:
i)
is
provided
for
the
temporary
parking
of
one
commercial
motor
vehicle
while
merchandise or materials are being loaded or unloaded from such vehicle, and such
parking shall not be for the purpose of scile or displc1y;
ii)
is suitable for the temporary pc11-king of one commercial motor vehicle;
iii)
is not upon or partly upon ,111y street, lane or c1lley; , rnd
iv)
has adequate access to permit ingress and egress of a co111111ercic1I motor vehicle from
a street by means of driveways, c1isles, manoeuvring
c1reas or sirnibr c1reas, no part of
which
shall
be used
for the temporary
parking
or storage of one or more motor
vehicles.
3.134 "
LODGE" shall mean c1n establishment catering to the vaec1tioning public by providing me<1ls
and sleeping
accommodation
to at least five ( 5) guests
in
rooms or cabins, but sh,ill
not
include any establishment otherwise defined herein.
3.135 "
LOGGING" shall
mean the removal
or cutting of merchantable
timber either by strip or
clear
or total
cutting
operations
but does
not
include
the
selective
harvesting
of mature
timber nor does it include the clearing of land incidental to putting the land into a condition
necessary
for
the
bonafide
exercise
of a use
specifically
permitted
herein
and
selective
harvesting
as used herein means the harvesting of mature timber while causing a minimum
of damage to adjacent growth in accordance with good forestry practice.
3.136 "
LOT" shall mean a parcel of land, the boundaries of which are defined in the last registered
instrument by which
legal or equitable title to the said parcel was lawfully and effectively
conveyed or which
is a whole lot as shown on a Registered
Plan of Subdivision subject to
the provisions of the Planning Act.
3.137 "
LOT AREA" shall mean the total horizontal
area within the lot line of a lot, and in the case
of a corner lot having street lines rounding at the corner with a radius of 6 metres ( 19.7 ft.) or
less, the lot area of such lot is to be calculated as if the lot lines were projected to their point
of intersection.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
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BY- LAW
16
3.138 "
LOT, CORN ER" shall mean a lot situated at the intersection of two or more streets or private
roads, having an angle of intersection of not more than 135 degrees.
The front lot line on a
corner lot is deemed to be either lot line abutting the street.
3.139 "
LOT COVERAGE" shall
mean that percentage of the lot area covered
by all buildings or
structures
but excluding
any part of a building
or structure which
is constructed
entirely
below grade.
For the purposes of calculating lot coverage, the lot coverage of each zone
shall be deemed to apply only to that portion of such lot that is located within the said zone.
3.140 "
LOT
DEPTH" shall mean the horizontal distance between the midpoints of the front and
rear lot lines, and where there is no rear lot line, lot depth means the length of a line within
the lot between the midpoint of the front lot line and the most distance point of the apex(s) of
a triangle formed by the side lot lines.
3.141 "
LOT FRONTAGE" shall mean the horizontal distance between the side lot lines measured
along the front lot line, but where the front lot line is not a straight line or where the side lot
lines are not parallel, the lot frontage
is to be measured
nine ( 9) metres ( 29.5 ft.) back from
the front lot line and
parallel
to the chord
of the
lot frontage.
For the
purpose
of this
paragraph the chord of the lot frontage is J strziight line joining the two points where the side
lot lines intersect the front lot line.
3.142 "
LOT, INTERIOR" shall mean a lot other than ,1 corner lot.
3.143 "
LOT LINE" shall mean any boundary of a lot.
3.144 "
LOT
LINE, EXTERIOR
SIDE" sh·c111
mezin the longer of the lot lines of ,1 corner lot which
abuts a street.
3.145 "
LOT LINE, FRONT" shall mean the line that divides a lot from a street, a private road or a
navigable waterway.
In the cc1se of a lot with frontage on a street, the front lot line shall be
deemed to be the line that divides the lot from the street.
In the case of a lot with frontage
on a private road and/or a nzivigable waterway, either lot line may be deemed to be the front
lot line. In the case of a corner lot either lot line may be deemed to be the front lot line.
3.146 "
LOT LINE, REAR" shall mean the lot line farthest from and opposite to the front lot line and
where the side lot lines converge at the rear of the lot to form a triangular shaped parcel of
land, the
rear lot line shall
mean
the apex of the triangle
formed
by
the
side
lot lines.
Furthermore, where the rear lot line is situated adjacent to a body of water, such lot line shall
be the line formed by the high water mark of a body of water.
3.147 "
LOT LINE, SIDE" shall mean any lot line other than the rear or front lot line.
3.148 "
LOT, THROUGH"
shall
mean a lot bounded
on two opposite
sides by streets provided
however that if any lot qualifies
as being both
a corner lot and
a through
lot as herein
defined, such lot shall be deemed a corner lot for the purpose of this By-law.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
EXAMPLES
OF
LOT DEFINITIONS
LOT DEPTH
FRONT & REAR LOT
LlNES ARE NOT
PARALLEL
DISTANCE
SPECIFIED
INnIEBY- 1.. AW
LOT
FRONTAGE
NOREAR
LOTLINE
LOT FRONTAGE MEASURED ON THE
LINE PERPENDICULAR
TO TIU!; LINE
JOINING THE MID POINT OF FRONT
LOT LINE TO APEX OF TRIANGLE
FORMED BY TIIE SIDE LOT LINES.
MID POINT OF
REAR LOT LINE
MID POINT OF FRONT LOT LINE
LOT FRONTAGE
MEASURED
I MAX135·;/
ON LINE PERPENDICULAR
TO
THE LINE JOINING
MID POINTS
OF FRONT & REAR LOT LINES
LOT
FRONTAGE
WTLINES
NOTPAF
EL
FRONTAGE
IS EITHER
OF THE TWO LOT LINES
ABUTTING
A STREET
LOT CORNER
STIWGHT
SIDES
OINT
T LOT LI
INTEWORLO'
f
CORNER LOT
TANGENT TO STREET
LINES
DRAWN
THROUGH
EXTREMITIES
OF INTERIOR
LOT LINE
APEX OF TRIANGLE
FORMED BY THE LOT
LINES
FRONT LOT
LINE'.
LOT DEPTH
WT
FRONT AND
DEPTH
REARLOT
LINESARE
LOT CORNER
CURVED
SIDES
PARALLEL
17
3.149 "
LUMBER
YARD" shall
mean an area where finished
and unfinished
lumber
is stored
but
does not include an establishment or area otherwise defined in this by-law.
3.150 "
MANUFACTURING
OR PROCESSING PLANT" shall mean a plant in which the process of
producing a product suitable for use by hand and/or mechanical
power and machinery
is
carried on systematically with division of labour.
3.151 "
MARINA, PUBLIC/PRIVATE" shall mean a building or structure with access to a body of
water, where boats and boat accessories are berthed, stored, serviced, repaired or kept for
sale and where facilities for the sale of marine fuels and lubricants may be provided.
3.152
MARINE/ SNOWMOBILE DEALER" shall mean any building or structure used for the purpose
of supplying and selling marine and snowmobile products and may include repair facilities
for the
purpose
of repairing
only
those
iterns
either
sold
by
or
related
to the
products
supplied by the dealer.
3.153 "
MARINE FACILITY" shall mean an accessory building or structure which
is used to take a
boat into or out of a wc1terbody to moor, berth or store
c1 boat and includes a boc1t launching
ramp, boat lift, pumping st,ition, dock or boc1thouse , ind a water pumphouse but shc1II not
include any building
used for human l1c1bitation or any bo;:it service, repair or sales facility
and shall comply with the rninirnu,n side yard requirements of the respective zone.
3.154 "
MARKET GARDEN" shc1II rnecrn the use of l,rnd for the intensive cornmercial cultivcltion of
vegetables, fruits or flowers.
3.155 "
MERCHANDISE
SERVICE
SHOP"
shclll
rnecln
cl building
or p,irt of
cl building, whether
connected with a retail shop or not, in which persons are employed in furnishing the repair
or servicing of a1ticles, rnclchines, goods or rncltericlls as opposed to the manufacture of same.
Merchandise service shops include such estclblishments
as small engine repclir of such iterns
as lawn mowers, chainsaws and snowmobiles.
3.156 "
MINIMUM
DISTANCE SEPARATION" means a separation
requirernent
as provided for in
Appendix 1 and 2.
i)
Minimum
Distance Separation
I provides
1111111111u111
distance separation
for new or
expanding development from existing livestock facilities.
ii)
Minimum
Distance Separation
II provides minimum distance separation for new or
expanding livestock facilities from
existing or approved development.
3.157 "
MODULAR HOME" shclll mean a factory built, detached structural unit designed to be and
capable of being transported
aher fabrication
to a lot, and which
is suitable for year round
occupancy in similar fashion as a dwelling unit, except for minor and incidental
unpacking
and
assembly
operations, placernent on defined
supporting
structures
and connections
to
utilities.
3.158 "
MOTEL" shall
mean
an
establishment which
consists of one or rnore than one building
containing more than one rental
unit for the purpose of catering to the travelling public, to
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
18
whom
the
automobile
is
the
principal
means
of
transpo,1ation, by
furnishing
sleeping
accomrnodations
with
or
without
meals
and
which
may
include
permanent
staff
accommodation and may or may not be licenced under the Liquor Licence Act.
3.159 "
MOTORIZED
ALL
TERRAIN
VEHICLE ( A.T.V.)"
shall
mean
a
motorized
recreational
vehicle used for off road recreational purposes.
3.160 "
MOTORIZED
MOBILE HOME/RECREATIONAL
VEHICLE" shall
mean
any motor vehicle
so constructed
as to be a self-contained, self-propelled
unit capable of being utilized for the
living, sleeping or eating accommodation of persons.
3.161 "
MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle within the meaning
of The Motorized Snow Vehicle Act.
3.162 "
MULTIPLE DWELLING" see " DWELLING, MULTIPLE".
3.163 "
MUNICIPAL/ PUBLIC UTILITIES YARD" shall mean a lot which may include a building or
structure and also associated storage structures used for the storage, maintenance or repair of
equipment, mc1chinery
or motor
vehicles
used
in connection
with
civil
works
and
shall
include a public works yard.
3.164 "
MUNICIPALITY" shall mean the Corporation of the Township of Tyendin;iga.
3.165 "
NON- COMPLYING
USE" shall me;:m a permitted land use, building or structure existing at
the date of the passing of this By-law which
does not fulfil
the requirements
of the zone
provisions ( e.g. yard
setbc1cks) for
the
zone
within
which
it
is
located, but which
rn,iy
continue to be used or exist, provided there is no chc1nge in that use ( e.g. enlargement of the
structure).
3.166 "
NON- CONFORMING
USE"
shall
mean a lawful
and specific
use, building, structure or
land existing at the date of the passing of this By-law which does not fulfil the requirernents
of the use provisions for the zone in which it is located, but which may continue to be used
for such purposes or activities, provided there is no change in that use.
3.167 "
NUISANCE"
shall
rnean
any
condition
existing
that
is
or
rnay
become
injurious
or
dangerous to health or that prevents or hinders or may prevent or hinder in any manner the
suppression of a disease.
3.168 "
NURSERY/ GARDEN CENTRE/GREENHOUSE" shall mean:
i)
a place where young trees or other plants are grown for transplanting or for sale, and
may also include the sale of related accessory supplies.
ii)
land
used
for
the
growing
of
sod, flowers,
bushes,
trees
or
other gardening,
landscaping or orchard stock for wholesale or retail sale.
iii)
a building or structure, and lands associated therewith, for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY- LAW
19
tools and implements which are sold at retail from such building or lot to the general
public.
3. 169 "
NURSERY
SCHOOL"
shall mean a day nursery within the meaning of the Day Nurseries
Act, as amended from time to time, and shall include a day care centre.
3. 170 "
NURSING
HOME"
shall mean:
i)
a building in which the proprietor supplies for hire or gain, lodging with or without
meals and, in addition, provides
nursing, medical
or similar care and treatment, if
required,
and
includes
a
rest
home,
or
convalescent
horne,
and
any
other
establishment required to operate under the appropriate statute.
ii)
any premises in which persons are cared for, lodged, either by a charitable institution
within
the
meaning
of the appropriate
statute
or for
hire, where, in
addition
to
sleeping accommodation
and rneals, personal care, nursing services or rnedical care
and
treatment
are provided
or made
available, but shall
not include
a Maternity
boarding house.
For the purpose of this definition, ' personal
care' means personal
services
such
as
the
provision
of
aid
to
residents
in
walking
or
climbing
or
descending stairs, in getting in or out of bed, in feeding, dressing, bathing or in other
matters
of
personal
hygiene, and
includes
the
preparation
of
special
diets, the
provision of tray service for rneals, the supervision of medication
and other similar
types of personal assistance and ' resident' means a person who is cared for or lodged
for hire in such premises.
3. 171 "
OPEN
SPACE/ OPEN
SPACE
USES"
shall
rnean
the open, unobstructed
sp,Ke on ; i
lot,
including
the open, unobstructed
space accessible
to
all occupc1nts of any residential
or
commercial building or structure, which is suitc1ble c1nd used for the growth of grc1ss, flowers,
bushes
c1nd other vegetation
and
mc1y include any surface pedestrian
wc1lk, patio, pool, or
similar area, but does
not include any driveway, ramp or parking
spaces, parking
aisles,
loading spaces, vehicular manoeuvring areas or similar areas.
3. 172 "
ORNAMENTAL
STRUCTURE"
shall
mean
any
ornamental
fountain, statue, rnonurnent,
cenotaph
or other mernorial
or decorative structure
not being
part of or accessory
to any
other structure.
3. 173 "
OUTDOOR
FURNACE"
shall mean a building or structure that is used to provide heat or
heated water to the main building on a lot but is separate from the main building on the lot.
3. 174 "
OUTSIDE
STORAGE"
shall rnean an accessory storage area outside of the principal or main
building on the lot.
3. 175 "
PARK,
PRIVATE"
shall mean a park other than a public park.
3. 176 "
PARK,
PUBLIC"
shall mean a recreational
area owned or controlled by the Corporation or
by any Board, Cornmission or other
Authority established
under any statute of the Province
of Ontario or Governrnent of Canada.
TOWNSHIP
OF TYENOINAGA-
COMPREHENSIVE
ZONING
BY-LAW
20
3. 177 "
PARKING
AISLE"
shall
mean
an area of land which abuts and provides direct vehicular
access to one or more parking spaces.
3. 178 "
PARKING
ANGLE"
shall mean the angle, equal to or less than a right angle, formed by the
intersection of the side of the parking space and line parallel to the aisle.
3. 179 "
PARKING
AREA"
shall mean an
area of land which
is provided and maintained
upon the
same lot or lots
upon which
the principal
use
is located
or upon a privately
owned
lot
situated within
60 metres ( 196.9 ft.) of the said lot and which
areas comprise all parking
spaces of at least the minimum
number required according to the provisions of this By-law,
and
all driveways, aisles, vehicular manoeuvring
areas, entrances, exits and similar areas
used for the purpose of gaining access to or egress from the said parking spaces.
3. 180 "
PARKING
LOT"
shall
mean
any
parking
area other than
a parking
area
accessory
to a
permitted use.
3.181 "
PARKING
SPACE"
shall mean an area of land having a width of not less than 2.7 metres
8.9 h.) and a length
of not less than 6 metres ( 19.69 ft.), exclusive of aisles or any other land
used for access or vehicular manoeuvring, for the temporary parking of one motor vehicle. A
parking space may be located
in the open or within a private garage, carport,
building or
other covered area and shall have adequate access to permit ingress and egress of a motor
vehicle from a street by means of driveways, aisles or similar areas.
3. 182 "
PERSON(
S)"
shall
mean
any
human
being, association, firm, partnership, private
club,
incorporated company, corporation, agent, or trustee and the heirs, executors, or other legal
representatives of a person to whom the context can c1pply according to law.
3. 183 "
PERSONAL
SERVICE
SHOP"
shc1II mean
c1 building
or part of a building in which persons
are
employed - in
furnishing
services
and
otherwise
administering
to
the
individual
c1nd
personal
needs of persons.
Personal
service shops, include such
estc1blishments
as barber
shops,
hairdressing
salons, shoe
repair
and
shoeshine
shops
and
depots
for
collecting
drycleaning and laundry.
3. 184 "
PIT"
shall mean 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 other work on the excavation site or in relation to
which an order has been made under the Aggregate Resources Act.
3. 185 "
PLANTING
STRIPS
ANO
SCREEN"
shall mean:
i)
Location
Where the interior side or rear lot line in a Commercial
or Industrial Zone abuts a
Residential
zone, a planting strip or screening
adjoining
such
abutting
lot line or
po11ion thereof shall be provided on the Commercial or Industrial lot.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
21
ii)
Prerequisite
Where a planting
strip
is
required
on
a lot, such
lot shall
be
used
for
no other
purpose than that which existed at the date of passing of this By-law unless and until
the required planting strip is planted.
iii)
Contents
The
planting
strip
shall
consist
of
a
continuous
unpierced
hedgerow
of
trees,
evergreens or shrubs
not less than
2 metres high
and
3 metres wide immediately
adjoining the lot line or po11ion thereof along which such planting strip is required.
A screen
may
include
a fence or berm
which
provides
a visual
screen
having a
minimum height of 1.6 metres.
Where an earth berm
is to be constructed, it shall
have slopes no greater than 3: 1 horizontal to vertical ratio.
3. 186 "
PORT ABLE
CANTEEN"
shall mean a vehicular and mobile facility where light meals and
drink are
prepared
and
served
to the public
and which
does
not necessarily
provide
for
consumption thereof on the premises and shall include a chip truck or chip wagon.
3. 187 "
PRINTING/
PUBLISHING
ESTABLISHMENT"
shall mean a building or part of a building in
which the business of producing books, newspapers or periodicals by mechanical means and
reproducing
techniques
such
as photo copying
is carried on cind
may include the s,tle of
newspapers, books, 111agc1zines, periodicals or the like to the generc:11 public.
3. 188 "
PRIVATE
CLUB"
shall mean a building or part of a building
used
as , 1 meeting pl,ice for
members
sharing a common
interest and
includes
c1 fraternal
lodge or organization , rnd a
labour union hall. Such private clubs shall not be operated for profit.
3. 189 "
PRIVATE
GARAGE"
see " GARAGE, PRIVATE".
3. 190 "
PRIVATE
PARK"
see " PARK, PRIVATE".
3. 191 "
PRIVATE
ROAD"
shall mean a street other than a "Street" as defined in this By-law.
3. 192 "
PROVINCIALLY
SIGNIFICANT
WETLANDS"
shall mean Wetlands in the Great Lakes -
St.
Lawrence Region as defined in " An
Evalualion
Syslem (
or
Welfands
o( Ontario South
o( 1he
Precambrian
Shield" Second Edition 1984 as amended from time to time.
3. 193 "
PUBLIC
USE"
shall
mean
the
Corporation
of
the
municipality
and
any
Boards
or
Commissions
thereof: the
Bell
Telephone
Company
of Canada, any
company
supplying
natural
gas
to
the
municipality, the
electric
authority, the
County
of
Hastings
and
any
Department
of the
Government
of Ontario
and
Canada, or
other
similarly
recognized
agencies.
3. 194 "
PUBLIC
GARAGE"
see " GARAGE, PUBLIC".
3. 195 "
PUBLIC
PARK"
see " PARK, PUBLIC".
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
22
3. 196 "
QUARRY"
shall mean 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 other work on the excavation site or in relation to
which an order has been made under the Aggregate Resources Act.
3. 197 "
RACEWAY"
shall mean a track, viewing areas and accessory buildings for the running of
automobiles,
recreational
vehicles,
snowmobiles,
motorcycles
and
similar
motorized
vehicles.
3. 198 "
REAR
LOT
LINE" see " LOT LINE, REAR".
3. 199 "
REAR
YARD"
see " YARD, REAR".
3. 200 "
RECREATIONAL
USE"
shall
mean
the
use of land for parks, playgrounds, tennis
courts,
lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic
areas, swimming
pools, riding clubs, day
camps, community
centres, snow skiing and
all
similar
uses, together with
necessary
and
accessory buildings
and structures, but does not
include
an
arcc1de
or
a track
for
the
r;:\Cing of animc1ls, motor
vehicles, snowmobiles
or
motorcycles.
3. 201 "
RECREATIONAL
USE,
ACTIVE
OUTDOOR"
shc1II
mean
uses such
as golf courses, lawn
bowling
greens, tennis
courts, outdoor
skating
rinks
and
swimming
pools, together with
necessary and accessory buildings c1nd structures.
3. 202 "
RECREATIONAL
USE,
PASSIVE
OUTDOOR"
shall mec1n such
uses , 1s hiking and ski Ir,1ils,
nc1ture observation
locc1tions c1nd open spc1ce
c1s opposed to ( for example) tennis courts, golf
courses and baseball diamonds.
3. 203 "
RECREATIONAL
ESTABLISHMENT,
COMMERCIAL"
shall
mean
a
building
used
or
intended
to
be
used
for
a theatre, bowling
alley, curling
rink, swimming
pool, billiard
parlour, health club, athletic club or similar uses.
3. 204 "
RELIGIOUS
INSTITUTION"
shall mean buildings used as dwellings by religious orders for
their own members, such as a convent or monastery.
3. 205 "
RESEARCH
FACILITY"
shall rnean a building or part of a building or an area of open space
in which investigation or inquiry for the purpose of producing new information or products is
carried
on, and shall be conducted
in accordc1nce with the provisions of Sections
5.20 and
5.21 of this By-law.
3. 206 "
RESIDENTIAL"
shall mean the use of land, buildings, or structures for human habitation.
3. 207 "
RESTAURANT"
shall rnean a building or part of a building where food
is prepared and/or
cooked
and offered for sale or sold to the public and where dining tables and table service
are provided.
TOWNSHIP
OF TYEN0INAGA -
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23
3. 208 "
RESTAURANT,
DRIVE- IN"
shall
mean
premises
consisting
of
a
building
or
structure,
together with a parking lot, where food
is prepared
and/or cooked
and offered for sale or
sold to the public for consumption either in a motor vehicle parked on the parking lot or for
consumption on the premises and where dining tables may be provided but table service is
not provided.
3. 209 "
RESTAURANT,
TAKE- OUT"
shall
rnean
a building
or part of a building
where
food
is
prepared and/or cooked and offered for sale or sold to the public and where neither dining
tables nor table service are provided.
3. 210 "
RETAIL
STORE"
shall
mean a building or part of a building where goods, merchandise,
substances, articles or things
are offered
for
retail
sale directly to the general
public
and
includes storage on the store premises of such goods, merchandise, substances, articles or
things sufficient only to service such store.
3. 211 "
RETAIL
STORE,
CONVENIENCE"
shall mean a retail store serving the daily or occasional
needs of the residents in the immediate area with a variety of goods such as groceries, meats,
beverages,
dairy
products,
patent
medicines,
sundries,
tobacco,
stationery,
hardware,
magazines and newspapers.
3. 212 "
SALVAGE
YARD"
shall
mec1n a fenced
lot and/or land for the storage and/or handling of
scrap material, which without limiting the generc1lity of the foregoing, may include vehicles,
tires, metal, used bicycles, waste paper and/or other scrap materic1I c1nd sc1lvage.
3. 213 "
SANITARY
SEWER"
shall mean a system of underground
conduits, operated either hy the
Corporation
or by
the
Ministry
of the Environment, which
carries
sewage
to a place of
treatment which meets with the approval of the Ministry of the Environment.
3. 214 "
SAUNA"
shall mean an enclosed structure which does not exceed
10 square rnetres ( 107. 6
sq. ft.) in area with an approved heating device to produce steam.
3. 215 "
SAW
AND/ OR
PLANING
MILL"
shall mean a building, structure or area where tirnber is
cut, sawed or planed, either to finished lumber or as an intermediary step and may include
facilities
for
the
kiln
drying
and
storage
of
lumber
and
may
or
rnay
not
include
the
distribution of such products on a wholesale or retail basis.
3. 216 "
SCHOOL"
shall rnean a public, separate, or high school under the jurisdiction of the Board
of Education or the Rornan Catholic Separate School Board, a private school, a continuation
school, a technical school, a vocational school, a college, a university or other educational
institution, but not a cornrnercial school.
3. 217 "
SEASONAL
RESIDENCE"
see " DWELLING, SEASONAL".
3. 218 "
SEASONAL
FARM
WORKER"
shall rnean one or more persons employed
as a farm worker
during the months of April to November on a year-to-year basis.
TOWNSHIP
OF TYENDINAGA -
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24
3.219 "
SECONDARY
FARM
OCCUPATION" shall
mean
an operation
conducted
by individuals
residing on a farm prope,ty that is clearly secondary and incidental
to the principal
use of
farming on the subject property and is intended to provide active farmers with a secondary or
supplementary means of income. The types of uses permitted as secondary farm occupations
shall be limited to those involved in the manufacture or fabrication of goods ( i.e. farm gates,
hay bale elevators, animal feeders), uses considered to be trade occupations ( i.e. electrician,
plumber, carpenter, welder, mechanic), and
those
occupations
which
are
primarily
and
directly related to agriculture and farming.
3.220 "
SELECTIVE CUTTING" shall mean the harvesting of mature timber without causing undue
damage to adjacent standing growth.
3.221 "
SELF STORAGE BUILDING" shall mean a building ( or pa,1 thereof) containing individual
doorways each accessing a fully enclosed room that is used for storage of inactive and stable
dry goods only.
3.222 "
SEMI-DETACHED DWELLING" see " DWELLING, SEMI-DETACHED".
3.223 "
SENIOR CITIZEN HOUSING" sh,111 111e,1n housing owned and opert1ted by the government
to provide residentic1I accornmoclc1tion for senior citizens.
3.224 "
SETBACK" shall
mean
the
least horizontc1I
dimension
between
the centreline of .:1 street
allowance, measured
at right angles to such centreline, and the nearest pc1rt of any building,
structure or excc1vc1tion on the lot, or the nec1rest open storage use on the lot.
3.225 "
SHOPPING
CENTRE" shall
mean a group of commercial
uses which
hzis been designed
and developed
as a unit by a single owner or group of owners, as distinguished
from
a
business area consisting of unrelated individual commercial uses.
3.226 "
SHORELINE" shall mean any lot line or portion thereof that abuts a waterbody.
3.227 "
SIDE LOT LINE" see " LOT LINE, SIDE".
3.228 "
SIDE YARD" see " YARD, SIDE".
3.229 "
SINGLE DETACHED DWELLING" see " DWELLING, SINGLE DETACHED".
3.230 "
SIGHT
TRIANGLE"
shall
mean
an
area
free
of buildings
or
structures, which
area
is
determined
by measuring
from the point of intersection
of street lines on a corner lot or
where
a corner
is rounded
from
the point at which
the extended
street
lines
meet, the
distance required
by this By-law along each such street line and joining such points with a
straight
line
thereby
creating
a triangular- shaped
parcel
of
land.
This
triangular-shaped
parcel of land located between the intersecting street
lines and the straight line joining the
points located the required distance c1long the street lines is the sight triangle.
3.231 "
SOLAR
COLLECTOR"
shall
mean
any
structure
subordinate
to
a
principal
structure
designed
specifically
for
the
collection
of solar
energy
for
experimental
or
ornamental
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COMPREHENSIVE
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BY-LAW
25
purposes
or
for
the
purposes
of
converting
such
energy
for
heating,
lighting,
water
production or any other dornestic or commercial
use that rnay be obtained frorn such source.
For the purposes of this by-law, a solar collector shall be considered an accessory structure.
3.232 "
STORMWATER
MANAGEMENT"
shall
rnean
long
and
short
term
management
of
stormwater runoff quality and quantity which may require the construction and installation of
permanent stonnwater facilities.
3.233 "
STORMWATER
MANAGEMENT
FACILITIES" shall
mean
a designated
area or structural
device that would control the quantity or quality or velocity of stormwater runoff leaving a
property
to
achieve
specific
objectives
such
as
reduce
flooding
and
erosion,
remove
pollutants and provide other amenities.
3.234 "
STREET"
shall
rnean
a public
highway
as
defined
under
the
Highway
Traffic
Act, as
amended, from
which
access
may be taken to an
abutting
lot and
which
is dedicated,
assumed
and maintained
by a municipality, a county, or the Province of Ontario.
A street
does not include an unopened road allowance, a lane or an unassumed road on a Registered
Plan which has been deemed not to be a Registered Plan under the Planning Act.
3.236 "
STREET LINE" shall mean the limit of the street allowance and is the dividing line between
a lot and a street.
3.236 "
STRUCTURE"
shall
mean
anything
constructed
or
erected, the
use
of which
requires
location on the ground, or which is attached to something h.-wing location
011 the ground.
3.237 "
TAKE-OUT REST AU RANT" see " RESTAURANT, TAKE-OUT".
3.238 "
TA VERN" shall mean " a tavern" as defined
by the Liquor Licence Act, as amended
from
time to time.
3.239 "
TEA ROOM" shall rnean a public room accommodating
no more than 20 persons, where
tea and light refreshments, but not complete meals, are served for imrnediate consurnption
within
the
building.
A
tea
roorn
does
not include
prernises
licensed
under the
Liquor
Licence Board of Ontario or any other forrn of eating establishment as defined herein.
3.240 "
TENT" shall
mean
every
kind
of temporary
shelter for sleeping
that
is
not perrnanently
affixed to the site and that is capable of being easily moved.
3.241 "
THROUGH LOT" see " LOT, THROUGH".
3.242 "
TOP OF BANK" ( Slope) shall mean a point or line which
is the beginning of a significant
change in the land surface, then frorn which the land surface slopes downward. When two
2) or rnore slopes are located together, the slope that is highest and farthest away from the
top of the slope shall be the slope considered for the top of bank.
3.243 "
TOURIST
ESTABLISHMENT"
shall
mean
any
prernises
operated
to
provide
sleeping
accomrnodation for the travelling public or sleeping accornmodation for the use of the public
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
J
sL N.T.s.
tLLUSTRATION
OF
TOP
OF
BANK
EXISTING
WATER
BODY
N>TE: 1l-E
ABOVE
ILLUSTRATION
IS
FOR
CLARIFICATION
AM:>
CONVENIENCE
ONLY
AID
DOES
OOT
FORM
PART
OF
THIS
BY.;LAW
26
engaging in recreational
activities and includes the services and facilities in connection with
which sleeping accornrnodation
is provided, and without lirniting the generality of the terrn,
also
includes
a
tourist
cabin
and
a
housekeeping
cottage
as
well
as
docks,
eating
establishments and convenience stores but does not include:
i)
a
camp
operated
by
a
charitable
corporation
approved
under
the
Charitable
Institutions Act;
ii)
a summer camp within the meanings of the regulations under The Health Promotion
and Protection Act; or
iii)
a club owned by its members and operated without profit or gain.
3.244 "
TRACTOR
TRAILER
TRUCK"
shall
mean a self-propelled
motor vehicle designed
for the
haulage of goods in an attached trailer but not for the carriage of any load when operating
independently.
3.245 "
TRAVEL
TRAILER"
shall
rnean
any
vehicle
so
constructed
that
it
is
suitable
for
being
attached
to a motor vehicle for the purpose
of being
drawn
or propelled
by the motor
vehicle, notwithstanding that such vehicle
is jacked-up or that its running gear is removed,
but not including any vehicle unless it is used or intended for the temporary living, sleeping
or eating acco111111od,1tion of persons therein, c1nd shall
be dee111ed to include
c1 tent, truck
camper or cc1111per trailer, cincJ
111ay not be plJced on z, found,1tion.
3.246 "
TRAVEL
TRAILER
PARK"
shall
111ean
a
p;:ircel
of
IJnd 111<1int,1incd for the temporary
parking of tents or trJvel trJilers on individu, il sites, Jnd shall be subject to the provisions of
this By-law.
3.247 "
TRAVEL
TRAILER
SITE" shall mean an area of land within a travel trailer park that is or is
intended to be occupied by one tent or one trailer or similar vehicle within the meaning of a
trailer as defined above with adequate access to a driveway or public street.
3.248 "
TRUCK CAMPER" shall mean any unit so constructed that it rnay be attached upon a motor
vehicle, as a separate unit, and capable of being utilized for the temporary living, sleeping or
eating accommodation of persons.
3.249 "
USE"
shall
mean
the
purpose
for
which
any
land, building
or
structure
is
arranged,
designed, or intended to be used, occupied or maintained.
3.250 "
USE,
ACCESSORY"
shall
rnean
a
use
customarily
incidental
and
subordinate
to
the
principal use or building located on the same lot.
3.251 "
VETERINARY
CLINIC" shall mean
a building or part of a building
in which facilities
are
provided
for the prevention, cure and alleviation
of disease and
injury to animals
and
in
conjunction with which there may be facilities provided for the sheltering of animals during
the treatment period.
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27
3. 252 "
WAREHOUSE"
shall
mean
a building
or
part of a building
used
for
the
storage
and
distribution
of goods, wares, merchandise, substances, articles
or things and
may include
facilities for a wholesale or retail commercial outlet but shall not include a truck terminal.
3. 253 "
WASTE
DISPOSAL
SITE" shall mean any land or land covered by water (such as in the case
of a sewage lagoon) upon, into, in or through which a building or structure in which waste,
exclusive
of
liquid
industrial
waste,
is
deposited
or
processed
and
any
machinery
or
equipment or operation
required for the treatment or disposal of waste and shall include a
sewage treatment plant or sewage lagoon.
3. 254 "
WASTE
MANAGEMENT
SYSTEM"
shall mean all facilities, equipment and
operations
for
the
complete
management
of
waste
including
the
collection,
handling, transportation,
storage, processing and disposal thereof and may include one or more waste disposal sites.
3. 255 "
WATER
FRONT AGE"
shall mean all property abutting a water body measured
along the
high water mark.
3. 256 "
WATERBODY"
shall
mean
any
bay, lake, wetland, canal
or
natural
watercourse
but
excludes a drainage or irrigation channel.
3. 257 "
WATERBODY,
NARROW"
shall mean zin Mea where the minimum
averz1ge distance from
shore Iine to shore! ine is 150 metres ( 4 9 2. 1 ft.) for a lake and 50 metres ( 164 .0 ft.) for a river.
3. 258 "
WATERCOURSEi'
shall mean any surface stre,11n or river and includes , l nc1tur,1I channel for
an intermittent stream and a municipal dr,1in as defined by " The Dr;:1inage Act", as amended.
3. 259 "
WAYSIDE
PIT" shall mean:
i)
a temporary
sand or gravel
pit opened
and
used
by a governmental
authority
or
authorized
contractor
for the purpose
of a particular
public project such
as road
construction, or
ii)
a minor sand and gravel pit on a farm unit required only for the use of that farm unit.
3. 260 "
WAYSIDE
QUARRY"
shall mean a temporary quarry opened and used by a governmental
authority or authorized contractor for the purpose of a particular public project such as road
construction.
3. 261 "
WETLANDS"
shall
mean
lands
that
are
seasonally
or permanently
covered
by
shallow
water, as well as lands where the water table is close to or at the su1face. In either case, the
presence of abundant water has caused the formation of hydric soils and has favoured
the
dominance of either hydrophytic or water tolerant plants. The four major types of Wetlands
are swamps, marshes, bogs and fens.
3. 262 "
WOODLOT"
shall
mean a wooded
area
in which
the majority of trees are at least 10.2
centimetres ( 4.0 inches) in diameter and in which there is a minimum of a fifty ( 50) percent
closed canopy of tree foliage.
TOWNSHIP
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COMPREHENSIVE
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28
3.263 "
WORKSHOP"
shall
rnean
a building
or structure
where
rnanufacturing
is perforrned by
tradespeople
requiring rnanual
or rnechanical
skills and rnay include a carpenter's shop, a
woodworker' s
shop,
a
locksmith' s
shop,
a
gunsrnith's
shop,
a
tinsrnith's
shop,
an
upholsterer' s shop, a welder's shop or similar uses.
3.264 "
YARD" shall rnean the space appur1enant to a building
or structure on the same lot which
is open, uncovered, and unoccupied except for such accessory buildings, structures, or uses
which
are specifically
perrnitted
by this
By-law.
In determining
yard
measurements, the
minimum horizontal distance frorn the respective lot lines shall be used.
3.265 "
YARD, FRONT" shall mean the yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of any buildings or structures on the lot.
The
minimurn" front yard shall rnean the distance between the front lot line and the nearest wall
of any principal or accessory building on the lot, according to the context in which the term
is used.
3.266 "
YARD, REAR" shall mean the yard extending across the full width of the lot between the
rear lot line of the lot and the nearest part of any principal building or structure on the lot.
Where a rear yard
is required
for an accessory building in this By-law then this definition
shall
apply
except
that the words " accessory
building" shall
be substituted
for " principal
building".
The " minimum" rear yard sh,111 mean the minimum distance between the rear lot
line and the nearest w,111 of any principc1I building or accessory building on the lot, according
to the context in which
the term is used.
3.267 "
YARD, SIDE" shall mean the yard extending frorn
the front y,1rd to the re,1r yard between
the side lot line and the nearest part of any building or structure on the lot.
3.268 "
YARD, INTERIOR SIDE" shall rnean the side yard extending from the front yard to the rear
yard between the side lot line and the nearest part of any building or structure on any lot and
excluding any exterior side yard. The " minirnurn" interior side yard shall rnean the minimum
distance between an interior side lot line and the nearest wall of any principal or accessory
building on the lot, according to the context in which the term is used.
3.269 "
YARD, EXTERIOR
SIDE" shall mean the side yard of a corner lot in which the side yard
extends frorn the front yard to the rear yard between the side street line and the nearest part
of any building or structure on the corner lot. The " minimum" exterior side yard shall rnean
the distance
between
the exterior side
lot line and
the
nearest wall
of any principal
or
accessory building on the lot, according to the context in which the term is used.
3.270 "
ZONE" shall mean a designated area of land use shown on the schedules of this By-law.
TOWNSHIP
OF TYENOINAGA-
COMPREHENSIVE
ZONING
BY-LAW
t
DEFINITION
OF YARD
REAR LOT LINE ~----------
1---------------------------------------
REARYARD
l·.--...-...-......._.... ......................... _.__ ........
B .....
UIL_D ...
IN ...
G"" r"~----·-·--·_J ~
9 .;:~·.
C;l
2.t :tttti:tr:ttrt·im:t'::;t;:.:
w1- SIDE YARD -
1
I -
SWEYARD ~ .,,;;;;:::~;:~ d~i~i@~~{;~;; !
t-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·---------·-·---·-·-·-·;
I
BUll.DING LINE
l
I
I
I
I
I
I
FRONT YARD
I
I
l
I
I
I
I
I
8
C/J
FRONT LOT LINE
29
SECTION
4 -ADMINISTRATION
4.1
ZONING ADMINISTRATION
4.2
This
By- law
shall
be
administered
by
a
person
appointed
by
the
Council
of
the
municipality
as the Chief Building
Official.
ISSUANCE OF BUILDING
PERMITS
Where
land
is proposed
to be used
or a building
or structure
is proposed
to be erected
or
used
in violation
of this
By- law, no permit
or licence
required
under
any
by- law
of the
Corporation
for
the
use
of
the
land
or
for
the
erection
or
the
use
of the
building
or
structure
shall
be issued.
4.3
APPLICATIONS
FOR BUILDING
PERMITS
In addition
to the requirements
of the Ontario
Building
Code, the Corporation'
s Building
By- law
or any
other
by- law
of the
Corporation,
every
application
for a building
permit
shall
be accompanied
by
plans ( which
depending
upon
the
nature
and
location
of the
work
to be undertaken
may
be required,
by the Corporation,
to be based
upon
an actual
survey
prepared
by
an
Ontario
Land
Surveyor)
drawn
to
an
appropriate
scale
and
showing
the following:
i)
the true
shape
and
dimensions
of the lot to be used
or upon
which
it is proposed
to
erect any building
or structure;
ii)
the
proposed
location,
height
and
dimensions
of the
building,
structure
or work
in
respect
of which
the permit
is being applied
for;
iii)
the
location
of every
building
or structure
already
erected
or partly
erected
on such
lot;
iv)
the
proposed
locations
and
dimensions
of yards,
landscaped
open
spaces, parking
areas, and loading
spaces
required
by this By-law;
v)
proposed
grading
or change
in elevation
or contour
of the
land
and
the proposed
method
for
the
disposal
of storm
and
surface
water
from
the
land
and
from
any
building
or structures
thereon;
vi)
a statement
signed
by the
owner
or his
agent
duly
authorized
thereinto
in writing,
filed
with
the
Chief
Building
Official,
which
statement
shall
set
forth
in
detail
the
intended
use of each
building
and structure
or part thereof
and giving
all information
necessary
to determine
whether
or
not
every
such
building
or
structure
conforms
with the regulations
of this By-law.
4.3.1
In addition to the above requirements, every application for a building permit that is
reliant on potable water (residential use or involves employees) shall include:
i)
proof ofa minimum supply of 16 litres ( 3.5 gallons) ofwater per minute proven
to be potable by a certified laboratory; and
ii)
a sewage system approved under the requirements ofthe Ontario Building Code.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
30
4.3.2
In addition
to the above, where
lands
lie within
established
fill or flood
lines, any building
permit application
in respect of such
land shall
be accompanied
by the written
approval
and
technical
recommendations
of the Conservation
Authority
having jurisdiction.
4.4
INSPECTION
OF LANO OR BUILDINGS
Where
the Chief
Building
Official
has
reason
to believe
that any
person
has
used
land
or
used
a
building
or
structure
contrary
to
this
By-law,
he/she,
or
an
employee
of
the
municipality
authorized
by him/ her, may at any reasonable
hour, enter and
inspect the land,
building or structure.
4.5
VIOLATIONS AND PENALTIES
Any person
who contravenes
any provisions
of the By-law is guilty of an offence, and for
the
purposes
of this
By-law, each
day
that
a breach
of this
By-law
continues
shall
constitute
a
separate
offence
and
on
summary,
the
offender
shall
be
liable
to
be
fined
under
the
provisions
of the Provincial
Offences
Act.
The conviction
of an offender
upon
the breach
of any of the provisions
of this By-law shall
not
operate
as
a bar
to
a prosecution
against
the
same
offender
upon
any
continued
or
subsequent
breach
of
any
such
provision
and
any
cou,1
of
competent
jurisdiction
may
convict any offender
repeatedly
for repeated
breaches
of the By- law.
4.6
CERTIFICATE
OF CONVERSION
Where
a Certificate
is for the conversion
of a seasonal
dwelling
to a permanent
dwelling, the
following
additional
regulations
apply:
i)
a rezoning
to
a zone
category
deemed
appropriate
by
the
municipality
shall
be
required;
ii)
the applicant
shall
prepare
a site
plan
showing
the location
and
size of all existing
and
proposed
buildings
and
structures
and
the location
of the existing
or proposed
sanitary
sewage disposal
system, as well;
iii)
the applicant
shall comply
with the regulations
of the approving
agency
with
respect
to sewage disposal
for year- round occupancy;
iv)
the
applicant
has
been
issued
a building
permit
in
accordance
with
the
Ontario
Building
Code in effect at the time of the zone change;
v)
the
applicant
has
satisfied
the
municipality
that
the
electrical
system
has
been
inspected
and approved
by the appropriate
authority;
vi)
the applicant
shall
submit
a letter of compliance
from
a heating
contractor
that the
heating
system
is adequate
for permanent
year- round occupancy;
TOWNSHIP
OF TYEN0INAGA -
COMPREHENSIVE
ZONING
BY-LAW
31
vii)
that the applicant
has entered
into an agreement
with
the municipality
indicating
that
the municipality
will
not be held
responsible
for road
maintenance,
waste
collection,
insulation
value or structural
deficiencies.
4.7
VALIDITY,
EFFECTIVE
DATE AND EXISTING
BY-LAWS
4. 7.1
Validity
If
any
section,
clause
or provision
of the
By- law, including
anything
contained
on
the
schedules
attached
hereto,
is for any
reason
declared
by a court of competent
jurisdiction
to
be invalid, the same
shall
not affect the validity
of the By-law
as a whole
or any
part thereof
other
than
the
section,
clause,
or
provision
so
declared
to
be
invalid
and
it
is
hereby
declared
to be the intention
that all the remaining
sections,
clauses
or provisions
of this
By-
law
shall
remain
in
full
force
and
take
effect
until
repealed,
notwithstanding
that
one
or
more
provisions
thereof shall have been declared
to be invalid.
4.7.2
Effective Date
This
By-law
shall
come
into
force
and
take
effect
upon
being
passed
by the Council
of the
municipality.
TOWNSHIP OFTYENDINAGA- COMPREHENSIVE ZONING BY-LAW
32
SECTION
5 - GENERAL
PROVISIONS
5.1
APPLICATION
This
By-lc1w
shc1II
c1pply
to
c1II
lc1nds
within
the
111unicipc1lity,
c1nd
shc1II
tc1ke
effect
on
the dc1y
it
is enc1cted.
5. 2
INTERPRETATION
Nothing
in
this
By-lc1w
shc1II
be
construed
to
exernpt
c1Iw
person
from
complying
with
the
requirement
of c1ny
by-lc1w
of the Municipc1lity
or the
Corporc1tion
of the County
of Hc1stings
or
from
c1ny
lc1w
of
the
Province
of
Ontc1rio
or
Cc1nc1dc1,
or
c1ny
regulc1tions
under
the
provisions
of
the
Conservc1tion
Authorities
Act
of
c1
Conservc1tion
Authority
hc1ving
jurisdiction
or from
any other law in force
from
time
to time.
5.2.1
In this
By-lc1w, the word " shc1II" is rnand, 1tory.
5.3
ZONES
5.3.1
For the
purpose
of this
By-lc1w, the rnunicip, 1lity
h,1s been
divided
into
zones, the
boundaries
of which
are shown
on the c1ttc1ched
schedules.
5. 3. 2
The attached
schedules
c1re detc1iled
mc1ps
for portions
of the municipc1lity.
5. 3. 3
The
zones
are
referred
to
by
the
following
I1,111H: s
or
symbols
c1nd
are
identified
on
the
c1ttached
schedules
by the following
symbols:
ZONE
SYMBOL
PAGE
PERMANENT
AGRICULTURE
ZONE
PA
59
ARGINt\
L AGRICULTURE
ZONE
MA
62
RURAL
RESIDE1NTIAL
ZONE
RR
66
LIMITED
SERVICE
RESIDENTIAL
ZONE
LSR
70
WATERFROi'\
J r RESIDENTIAL
ZONE
WR
72
MOB! LE HOME
RESIDENTIAL
ZONE
MHR
74
RESIDE1'\ JTl1-\ L FIRST
DENSITY
ZONE
Rl
76
RESIDE1'\ JTIAL
SECOND
DENSITY
ZO'\ JE
R2
78
MULTIPLE
RESIDENTIAL
ZQi'-s.;E
MR
81
URB1\ N COMMERCIAL
ZO1'-..!E
UC
83
RURAL
COMMERCl;\
L ZONE
RC
88
RECREATIONAL/
RESORT
COMMERCIAL
ZONE
RRC
92
Uf~ BAN
I1'\JDUSTRIAL
ZONE
UI
95
RURAL
INDUSTRIAL
ZONE
RI
98
MINERAL
EXTRACTIVE
ZONE
MX
102
MINING
ZONE
M
104
W1\ STE
DISPOSAL
ZONE \
VD
105
TOWNSHIP
OF TYEN0INAG . .\ - COMPREHENSIVE
ZONING
BY- LAW
COMMUNITY
FACILITY ZONE
GOUP HOME ZONE
OPEN SPACE ZONE
ENVIRONMENT AL PROTECTION
WETLAND ZONE
ENVIRONMENT AL PROTECTION
ZONE
CF
GH
OS
EPW
EP
33
108
110
111
112
113
5.3.4
Where the boundary of any zone is uncertain, and the boundary is shown following a street, lane,
railway right- of-way, electric transmission
line, right-of-way, electric transmission
line, right-of-way
or watercourse is the zone boundary.
5.3.5.
Where the boundary line of a zone does not correspond to a property line, to the centre line of a
street, highway line, right- of-way or watercourse, the location of said boundary line shall be scaled
from the scale shown on the attached schedules.
5.3.6
Where possible, the extent and boundaries of all Zones, as shown on the Land Use Maps are
construed to be lot lines, street lines, centrelines of streets, railway rights- of-way or boundaries of
registered plans. In the case where uncertainty exists as to the boundary of any Zone, then the
location of such boundary shall be determined by the scale of the Land Use Maps. In the event that a
street delineated on the Land Use Schedules hereof is closed, the land formerly within such street or
road shall be included within the Zone of the adjoining land on either side of such closed street.
Where a closed street is the boundary between two or more different zones, the new zone boundary
shall be the former centreline of the closed street.
5.3. 7
Where the regulations of a zone include a requirement that the minimum yard of a lot or parcel of
land shall be a specific number of metres, such minimum yard shall be determined by measuring at
right angles from either the street line of the public street or the lot line abutting such yard in the
direction of such lot or parcel of land a distance equal to the said specific number of metres in the
relevant regulation of such zone.
5.3.8
Subject to the provisions of Section 5.13, the minimum lot area shall be as contained in the
appropriate section of this By-Law for the zone in which the lot is located or such larger area as may
be required by the appropriate authority pursuant to the provisions of the Health Promotion and
Protection Act.
5.3.9
Zones cited using a generic term ( and lower case letter) refer to the following:
i)
a rural zone includes: Permanent Agriculture, Marginal Agriculture;
ii)
a residential zone includes: Rural Residential, Limited Service Residential, Waterfront
Residential, Mobile Home Residential, Residential
First Density, Residential
Second
Density, Multiple Residentaial;
iii)
a commercial
zone includes: Urban Commercial, Rural Commercial, Recreational/ Resort
Commercial;
iv)
an industrial zone includes: Urban Industrial, Rural Industrial.
5.4
Holding Zones
Where any zone symbol as shown on the attached schedules is following by the symbol " h", this
signifies that no person shall use any land, erect, alter, enlarge, use or maintain any building or
structure until such time as the holding symbol has been removed by the municipality
in accordance
with the provisions of the Planning Act. Upon removal of the holding symbol the permitted use of
the subject property and the erection of any buildings or structures thereon shall be undertaken in
accordance with the provisions of the underlying zoning category.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
34
5.4.1
Zone
Regulations
Uses
existing
prior
to the
passing
of this
By- law , rnd
accessory
uses
thereto
may
be enlarged,
reconstructed,
renovated
or replaced
in accordance
with
the
relevant
zone
regulations
where
such
use
is normally
perlllitted.
5. 4. 2
General
Provisions
All
special
provisions
of this
Section
5 " Ge11er; il
Provisions"
shall
apply,
where
applicable
to
any
land,
lot,
building,
structure
or
use
within
zones
subject
to
the
aforementioned
Holding"
criteria.
5. 5
PROHIBITIONS
5.5. 1
No
person
sh,1II
use
any
land
or
erect
any
building
or structure
within
a zone
except
for
a
permitted
use
established
or erected
in , iccord, rnce
with
the
regulations
provided
by this
By-
law for the zone
in which
it is located.
5. 5. 2
No
person,
except
a public
authority
eng; 1ged
in
the
irnplelllentatio11
of
public
works
or
services
shall
reduce
in , 1rea
or frontage
any
lot
c1lready
built
upon,
either
by conveyance
or
alterc1tion,
so
that
the
lot
coverage
of the
buildi11g
exceeds
the
111c1xi111ulll
per111itted
by
this
By- lc1, v, m
so that
the
c1rec1
or frontage
of the
lot will
be
less
than
the
111inimu111
permitted
by
this
By-lc1w
for the zone
in which
the lot
is located.
5. 5. 3
Except
in a co111111ercic1I
or industrial
zone,
not
111ore
th,rn one
permitted
use
shc1II
be c1llowed
on
J
lot
unless
specifically
perlllitted
in
this
By-lc1w.
This
section
shall
not
prohibit
the
establishment
of
c1 home
occupc1tion
or home
industry
in conjunction
with
c1 dwelling
where
such
use
is permitted.
5. 5.- l
The
purpose
for which ,
my
land
or builcli11g
is us(' d
shc1II
not be chc1nged,
110 new
building
or
1dditio11
to
c1I1y
existi11g
building
sh, dl
be
erected
dncl
110
I,rnd
shall
be
se,·erecJ
from
J lot, if
such
chc111ge,
erection
or severance
cre, Ites ,\
situc1tio11
that
contr, wenes ,
111y
of the
provisions
of this
Bv- law
c1pplicc1ble
to e, ich
individuc1I
rem, iining
building,
c1ccessory
building
or lot.
5. 5. 5
Except
JS
otherwise
provided
in
this
By- l,1w,
no
building
or
structure
shc1II
be
erected,
altered,
extended
or enlc1rged
except
upon , 1 lot
nor
shall
c111y
lc1nd
be
used
for
c1ny
permitted
use
u11less
it comprises ,
1 lot
c1s defined
herein;
but
this
provision
shc1II
not
prevent
the
use
of
any
p, ncel
or
trc1ct
of
lc111d
for agriniltur,
il
purpost! s excluding
the
erection
or enlc1rgement
of
c1ny building
or structure
except
c1 fence.
5.5.(> ~
o
person
shc1II
erect
or
use
any
buildi11g ;
1s ,
1
chvelling
upon
c1ny
lot
on
which
another
building,
used
or intended
to be
used ,
is
d dwelling,
c1lrec1cJy
exists, or which
is in
the course
of construction,
or for which
c1 building
permit
hc1s
been
issued.
5. 5. 7
Notwithstc1nding
anything
contc1ined
i11
this
I1y- l,iw,
no
person
shc1II
use
or
occupy
c1ny
buildi11g
for residenti, 1I purposes:
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
35
i)
unless such building has been substantially cornpleted and finished in all respects in
accordance with the plans and specifications filed upon application for the building
permit,
ii)
unless such building is serviced with electricity, a pressure well water supply system,
and an appropriate sanitary sewage disposal system, and
iii)
notwithstanding
anything contained
in this By-law, no cellar/basement or part of a
cellar/basement of any building
shall
be
used
as a whole dwelling
unit, and
the
whole or any part of a cellar/basement shall not be used for calculating the required
minirnurn gross floor area or rninirnurn ground floor area of any dwelling or dwelling
unit.
5.5.8
i)
ii)
Notwithstanding anything contained in the By-law, no person shall use any building,
structure or land for any purpose that would have a negative irnpact on groundwater
resources in the rnunicipality.
As part of the building perrnit, severance or rezoning
process, the applicant may be required to obtain Ministry of Environment approval
for any use.
No building
perrnit shall
be issued for any building
or structure which
requires a
septic
tank
unless
the building
perrnit application
is accornpanied
by approval
in
writing
frorn
the
appropriate
responsible
authority
for
the
proposed
method
of
sewage disposal.
5.6
PLANNED WIDTH OF ROAD
5.6.1
Notwithstanding any other provision contained
in this By-law, no building or structure shall
be hereafter erected in any zone closer than the surn of the front yard or exterior side y,ird
requirernent for such zone and the following where applicable:
i)
15.5 rnetres ( 50.9 ft.) frorn the centre line of Provincial Highways and forrner County
of Hastings roads; and -
ii)
10 rnetres ( 32.8 ft.) frorn the centre of the right-of-way of all other public roads in the
rnunicipality.
5.6.2
Notwithstanding the provisions of this by-law to the contrary, where a building, structure or
accessory
use thereto
is
to
be
erected
in
a built-up
area
where
there
is
an
established
building line, such dwelling or accessory use is not to be erected closer to the street line or
to the centre line of the road ,or street, as the case rnay be, than the established building line
on the date of passing of this By-law.
5.7
ENVIRONMENTAL
PROTECTION ( EP) AND ENVIRONMENTAL
PROTECTION
WETLAND
EPW) ZONES
5. 7 .1.
Lands Zoned Environmenta I Protection
i)
Waterbodies
and
perrnanent
watercourses
have
been
zoned Environmental
Protection ( EP).
ii)
Lands that rnay pose a threat to life and property because of inherent physiographic
characteristics such as floodplains, erosion hazards, poor drainage, organic soil, steep
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
36
slopes
or
other
sirnilar
physical
limitations
have
been
zoned
Environmental
Protection ( EP).
iii)
Notwithstanding any other provisions of this By-law to the contrary, all lands within
the Environmental Protection Zone may continue to be used for those uses existing as
of the date of passage of this by-law.
iv)
Prior
to
issuing
a
building
permit
for
any
building
or
structure
within the
Environmental
Protection Zone, the rnunicipality should be satisfied that no physical
hazard
exists which would
cause harm to life or property.
The rnunicipality
may
require
technical
reports
to
be
submitted
in
support
of
any
development ( i.e.
drainage reports, slope stability reports, environrnental
reports) and may require the
written approval of the Conservation Authority.
v)
Lands zoned
as Environmental
Protection
may be used in calculating minimum
lot
area and minimum lot frontage requirements.
5.7.2
Lands Zoned Environmental Protection Wetland ( EPW)
i)
Provincially
Significant
Wetlands
within
the
municipality
have
been zoned
Environmental Protection Wetland ( EPW) .
ii)
Notwithstanding any other provisions of this By-law to the contrary, all lands within
the Environmental
Protection Wetland Zone may continue to be used for those uses
existing as of the date of passage of this by-law.
iii)
New
buildings, structures
or
uses, or
additions, alternations
or
replacerne11t of
existing buildings or structures, notwithstc1nding
Section 5.12 hereof to the contrary,
shall only be perrnitted where an Environmental
lmpc1ct Stc11ernent ( EIS), prep,1red in
accordance with Section 3.2.8 of the Officic1I
Plc1n, c1ssesses to the s,1tisfaction of the
rnunicipc1lity, the Ministry of Natural Resources, the Conservation
Authority and the
Health Unit that the proposed development will have no irnpact on the Wetland.
iv)
Lands
zoned
as
Environmental
Protection
Wetland
may
be
used
in
calculating
minimum lot area , rnd minimum lot frontage requirements.
5. 8
ENVIRONMENTALLY
SENSITIVE
LANDS
Environmentally
Sensitive
Lands
are
those
lands
identified
as
natural
heritage
areas
and
systems having significant biological, geological, zoological or other unique natural fe.:1tures
such
as
wildlife
habitat, areas of natural
and
scientific
interest, habitat of threatened
or
endangered species, woodlands and valley lands.
Environmentally Sensitive Lands are shown by an overlay on the attached schedules.
Development of these lands shall be in accordance with the underlying land use designation.
Development
within
a deer concentration. area ( deer yard) shall
be permitted
within
100
metres ( 328 ft.) of a public road.
Development within these areas beyond
100 metres of a
public road rnay be permitted where the landowner has entered into an agreernent with the
Municipality in consultation with the Ministry of Natural Resources.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
5.9
LANDS ADJACENT TO WATERBODIES, WATERCOURSES, EMBANKMENTS.
FLOODPLAINS AND ENVIRONMENTALLY SENSITIVE LANDS
37
Notwithstanding anything in this By-Law, no pemlit shall be issued for any building to be
constructed within those areas outlined in subsections 5.9.1, 5.9.2 and 5.9.3 herein without
the prior written approval ofthe Conservation Authority, the Ministry of Natural Resources
and/or the Canadian Parks Service having jurisdiction.
5.9.1
No building or structure, including a municipal drain( except where a municipal drain forms
part of a road allowance) shall be located within the flood plain of a watercourse,
notwithstanding that such watercourse is not shown on any schedule forming part ofthis By-
Law.
5.9.2
Notwithstanding anything in this By-Law, no building, structure, or septic tank installation
including the weeping tile field (' no development') shall be located:
i)
within 30 metres ( 98.4 ft.) of the highwater mark of a waterbody or permanent
watercourse, notwithstanding that such body of water or watercourse is not shown on
any schedule forming part ofthis By-Law; or
ii)
within 15 metres ( 49.2 ft.) of the top of bank; or
iii)
within 30 metres ( 98.4 ft.) of an Environmental Protection Wetland Zone; or
iv)
within 15 metres ( 49.2 ft.) of the regulatory floodplain of the Bay ofQuinte.
5.9.3
The provisions of subsections 5.9.1 and 5.9.2 shall not apply to buildings, structures and
services requiring direct access to the water as an operational necessity such as a boathouse,
marina, marine facility, or other similar structure.
5.9.4
Development that is proposed on lands adjacent to Environmentally Sensitive Lands shall be
permitted provided that a satisfactorily completed Environmental Impact Statement,
prepared in accordance with Section 3.2.8 of the Official Plan in submitted and approved by
the Municipal Peer Review Agent.
Fish Habitat
Significant Woodlands
Significant Valleylands
Significant Wildlife Habitat including habitat of
Endangered/ threatened species
Areas of Natural and Scientific Interest
30 metres ( 98.4 ft.)
50 metres ( 164.0 ft.)
50 metres (164.0 ft.)
50 metres ( 164.0 ft.)
50 metres ( 164.0 ft.)
5.9.5
Development that is proposed on lands adjacent to Provincially Significant Wetlands ( and
beyond the minimum 30 metre (98.4 ft.) 'no development' area outlined in Section 5.9.2 iii)
but with in 120 metres ( 393.7 ft.) of the wetland) shall be permitted, provided that a
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
38
satisfactorily completed environmental Impact Statement, prepared in accordance with
Section 3.2.8 of the Official Plan, is submitted and approved by the Municipal Peer Review
Agent.
5.9.6
In accordance with the Provincial Policy Statement, new buildings, structures or uses or
additions, alterations or replacement of existing buildings or structures associated with
established agricultural activities shall be permitted without the need for an Environmental
Impact Study on lands adjacent to a Provincially Significant Wetland.
5.10
NON-CONFORMING USES
5 .10 .1 Continuation of Existing Uses
The provisions ofthis By-Law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-Law if such lot, building, or structure was
lawfully used for such purpose on the day of passing of this By-Law, so long as it continues
to be used for that purpose.
5.10.2 Building Permit Issued
The provisions of this By-Law shall not apply to prevent the erection or use for a purpose
prohibited by this By-Law of any building or structure, the plans for which have prior to the
p2ssing of this By-Law been approved and a permit issued by the municipality' s Chief
Building Official 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 that the erection of such a
building or structure is commenced within one year after the day ofthe passing ofthis By-
Law and the building or structure is completed within a reasonable time after the erection
thereof is commenced.
5 .10. 3 Restoration to a Safe Condition
The provisions ofthis By-Law shall not apply to prevent the strengthening to a safe
condition of any non-conforming building or structure or part thereof provided such
strengthening generally does not increase the height, size or volume, of such building or
structure
5.10.4 Rebuilding or Repair or Strengthen to Safe Condition Permitted on Lands Zoned as
Environmental Protection and Environmental Protection Wetland
Nothing in this By-Law shall prevent the rebuilding or repair of any legal non-conforming
building or structure that is damaged or destroyed, or the strengthening to a safe condition of
any building or structure which does not conform to the provisions ofthis By-Law,
subsequent to the passage ofthis by-law provided that the dimensions of the original
building or structure are not increased and the use of the building or structure not altered.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
5.11
Non-Compliance ofExisting Uses
5.11.1 Building on Existing Lots
39
Where a building has been lawfully erected prior to the date of the passing of this By-Law
on a lot having less than the minimum frontage and/or area, or having less than the
minimum front yard, side yard, rear yard or usable open space required by this By-Law, the
said building may be enlarged, reconstructed, repaired or renovated provided said
enlargement, reconstruction, repair or renovation does not serve to further reduce a required
yard or required usable open space and provided all other provisions of this By-Law are
complied with.
5.12
Replacement of Buildings or Structures
A building or structure, including a legal non-conforming and/or legal non-complying
building or structure, may be replaced with a new building or structure in the case of partial
or complete destruction caused by fire, lightning, explosion, tempest, flood or act of God, or
demolition by order of the municipality, the local Health Unit, or other authority for safety,
health or sanitation requirements. All reconstructed buildings or structures must conform to
the Ontario Building Code requirements for water and sewage disposal services. The
provisions of Section 5.11 shall apply in the case of the reconstruction ofa legal non-
complying building or structure.
5.13
Existing Undersized Lots
Where a lot having a lesser lot area and/or lot frontage than that required herein is held
under distinct and separate ownership from abutting lots, as shown by a registered
conveyance in the records ofthe Registry or Land Titles Office on the date of passing of this
By-Law, or where such a lot is created as a result of an expropriation, such smaller lot may
be used and a building or structure may be erected. altered or used on such smaller lot,
provided that the parcel has a minimum frontage of fifty percent ( 50%) or more of the
minimum frontage required by the zone in which the parcel is situated, provided that an
adequate supply of potable water is available to service the proposed use, provided such
erection. alteration or use does not contravene any other provisions of this by-law and
provided that all relevant requirements of the appropriate authority are complied with.
5 .14
Yard Encroachments Permitted
5.14. l Except as otherwise provided in this By-Law, every part of any required yard shall be open
and unobstructed by any building or structure from the ground to the sky, except for:
i)
sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or other
ornamental features, provided however that the same shall not project more than .6
metres ( 2 ft.) into any required yard;
ii)
drop awnings. clothes poles, garden trellises, TV or Radio antennae including
satellite dish antennae, or similar accessories;
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iii)
fences, solar collectors, parking lots, retaining walls, gatehouses
in industrial zones,
driveways, patios and other such uses as specifically permitted in this By-law;
iv)
a)
signs, provided
however that the same shall
be erected
in accordance with
the provisions of any Sign By-law of the Municipality, County or the Ministry
of Transportation;
b)
in lieu of a municipal sign by-law:
in a residential zone, there shall be no display other than a sign of a
maximum
size of 0.55 square metres ( 6.0 sq. ft.) to indicate that any
part of a dwelling
is being used for a purpose other than residential.
Furthermore, such a sign shall
be set back a minimum of 3 metres
9.8 ft.) from any lot line;
in an industrial, margin,il agricultural, or rural commercial zone, one
temporary, portable
roc1dside
sign
per lot
frontc1ge
mc1y
be located
with
the written approval
of the property owner and Council.
The
temporary portc1ble sign shall be located on private property and shall
not interfere with parking or traffic circulation on the site or adjoining
roadway;
v)
light standards, fuel
pump
islands
and
fuel
pumps
of automobile
service stations,
provided however that the same shall be erected
in accordance with the applicable
provisions of this By-law;
vi)
fire escapes, provided however that the same shall project into any required side or
rear yard a distance of not more than 1. 5 metres ( 4. 9 ft.); and
vii)
accessory buildings, provided however that the same shall be erected in accordance
with the applicable provisions of this By-lc1w.
5. 14. 2
1'\Jotwithstanding
the
yard
provisions
of this
By-law
to the
contrary, canopies, steps
and
unenclosed
and
uncovered
decks and porches
may project into any required
front or rear
yard a maximum distance of
1. 5 metres ( 4.9 ft.J.
This however, does not permit a balcony
and/or porch to extend into a required
yard if i11 foct the balcony and/or porch is an addition
to
the
house
intended
to circumvent
the
inte11t of this
section.
For the
purpose of this
section, a "deck" shall mean a horizontal surfoce supported on piers, free of any roof or other
covering, and which may be surrounded by a railing, the height of which is governed by the
Ontc1rio Building Code.
5.14.3
Notwithstanding any other provisions of this By-I,iw, a railway spur shall be permitted
in an
i11dustrial
zone
within
a
required
yard.
VVhere
such
yc1rd
c1buts
J
residential
zone, the
railwe1v spur shall conform
to the yard and setb,ick requirements of the zone in which it is
located.
5.15
LANDS SEVERED BY PUBLIC UTILITY LINES
Where
lands
are
acquired
for
the
purpose
of
c1
public
utility
line
and
such
acquisition
deprives
a parcel
of land
of street frontage, the
pc1rt of such
pc1rcel
so deprived
of street
frontage
shc1II
be deemed
for
the purpose
of this
By-lc1w
to have frontage
on
such
street
providing the lc1nd has a permc1nent right oi access to such street.
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5.16
TEMPORARYUSES
Nothing in this By-Law shall prevent the use ofany land, or the erection or use ofany
building or structure for a construction camp, work camp, tool shed, scaffold, or other
building or structure including a temporary sales or rental office, which is incidental to and
necessary for construction work ofthe premises, but only for so long as such use, building
or structure is necessary for such construction work which has not been finished or
abandoned. " Abandoned" in this Section shall mean the failure to proceed expeditiously
with the construction of a work, specifically abeyance of construction for six months.
5.17
PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES
5.17.1 Notwithstanding anything contained in this By-Law, the municipality or any local board
thereof, any telephone or telegraph company, any transportation system owned, operated , or
authorized by or for the municipality, and Department ofthe Federal or Provincial
Government or any Conservation Authority established by the Government of Ontario, may,
for purposes ofpublic service, use any land or erect or use any building or structure in any
zone except Environmental Protection or Environmental Protection Wetland provided:
i)
that such use, building or structure, shall be in compliance with the height, coverage,
landscaped open space and yard regulations prescribed for such a zone;
ii)
that there shall be no open storage of goods, materials, or equipment in the yards of
any residential zone; and
iii)
that any building or structure erected or used in any residential zone shall be of a
character and shall be maintained in general harmony with the buildings ofthe type
permitted in the said zone.
5.17.2 Nothing in this By-Law shall prevent the use of any land as a public park, a public street or
for the location of a property authorized traffic sign or signal, or any sign or notice of any
Municipal, Provincial or Federal government department or authority.
5.17.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public use is
specifically permitted within a zone, then such use shall only be permitted within that zone.
5.17.4 Where in this by-law a public use is not specifically referred to in any zone, then such public
use shall be permitted in any zone.
5.17.5 The minimum distances of buildings or structures owned or operated by any utilities from
any lot line shall be 2.5 metres ( 8.2 ft.) and from the centreline of any road shall be 10
metres ( 32.8 ft.).
5 .17. 6 The minimum distance for all permanent structures and excavations from the limits ofany
pipeline easement or right-of-way shall be 10 metres (32.8 ft.).
5.18
MULTIPLE USES ON ONE LOT
Notwithstanding anything contained in this By-Law, where any land or building is used for
more than one purpose, all provisions of this By-Law relating to each use shall be complied
with, provided that no dwelling shall be located closer than three (3) metres (9.8 ft.) to any
other building on the lot except a building accessory to such dwelling. A dwelling or
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dwelling
unit
as
an
accessory
use will
be allowed
where
perrnitted
by
this
By-law
in
accordance with Section 5.19 below.
5. 19
DWELLING
OR
DWELLING
UNIT
AS
AN
ACCESSORY
USE
IN
A
NON- RESIDENTIAL
SETTING
No person shall use any lot or erect, alter or use any building or structure for the purpose of a
dwelling or dwelling unit where the zoning is not residential except in accordance with the
following regulations:
i)
A
single
detached
dwelling
rnay
be
perrnitted
with
a private
water
supply
and
sewage disposal systern having the approval of the appropriate authorities.
ii)
A dwelling as a separate structure shall have a rninirnurn gross floor area of 89 square
metres ( 958.0 sq. ft.) and where there
is more than one floor, a minimum
ground
floor area of 44.5 square
rnetres ( 479.0 sq. ft.).
A dwelling
unit as an apartment
within a non-residential building sh,ill have a minimum gross floor area of 55 square
metres ( 592.0 sq. ft.).
iii)
A dwelling unit shall have separate bc1throom and kitchen facilities from those of the
non-residential use.
iv)
Each
dwelling
unit shall
have
separate
parking
spaces
as
required
by
the parking
requirements hereto.
v)
The dwelling unit shall
have a separate building entrance
to that provided
for the
non-residential use.
vi)
Separate
storage
facilities
containing
cl
minimum
of 2.8
sq. m ( 30 sq. ft.) shall
be
provided for each dwelling unit.
vii)
In a commercial
zone, one
dwelling
unit
shall
be
permitted
in
a non-residential
building provided it is located on the second storey of such building, or at the rear of
such building if on the main floor.
viii)
Notwithstanding
the provisions
of cLrnse
5. l 9(ii) of this subsection, the gross floor
area of the residential
portion
of a non-residential
building
in a commercial
zone
shall not exceed one hundred ( 100) percent of the non-residentic1I floor area.
ix)
A single detached dwelling as a separate structure shall be permitted if occupied by
the
owner, caretc1ker, watchman
or
similar
person, provided
that such
person
is
employed on the lot on which such dwelling house is located.
x)
A dwelling unit shall be permitted
in a portion of a non-residential building, except
in the case of an automobile service station or automobile sales agency where such
dwelling unit shall not be permitted.
5.20
PROHIBITED USES
5.20.1
Except
c1s otherwise specifically permitted in this By-law, the following uses are prohibited
in
any zone;
i)
refining coal oil or petroleum products;
ii)
tanning hides or skins;
iii)
manufacturing gc1s;
iv)
rn,rnufacturing glue; and
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v)
locating or storing on any land for any purpose whatsoever, any disused railroad car,
truck, bus or coach body, whether or not the same is situated on a foundation.
5. 20. 2
In addition to the uses prohibited in Clause
5.20. l of this subsection, any use is prohibited
which by its nature or the materials used therein is declared under the Health Protection and
Promotion Act to be a health hazard.
5. 20. 3
In addition to the uses prohibited in Clause 5.20.1 of this subsection, all uses of land and the
erection or use of any building or structure for a purpose not permitted under the " Permitted
Use" subsection of one or more zones established by this By-law are and shall be deemed to
be prohibited in each such zone, except for those uses of land and the erection or use of any
building or structure for a purpose expressly permitted under the applicable provisions of this
By-law.
5.21
OBNOXIOUS
USES
Notwithstanding
anything
contained
herein, no
land
shall
be
used
and
no
building
or
structure shall be erected, altered or used for any purpose which
is obnoxious, and without
limiting the generality of this subsection, for any purpose that creates or is likely to become a
nuisance or offensive, or both;
i)
by the creation
of noise or vibration
in
excess
of the limits of the Environme11tal
Protection Act;
ii)
by
reason
of the emission
of gas, fumes, smoke, dust or objection, ible odour
in
excess
of the
limits
of the
Environmental
Protection
Act, except
in
the
case
of
agricultural uses operating in compliance with reasonable agricultural prc1ctices;
iii)
by
reason
of the
unsightly
storc1ge
of goods, w,ires, rnerchc1ndise, s,ilvage, refuse
matter, motor vehicles, trc1ilers, or parts of vehicles or trailers, machinery
or other
such materic1I; or
iv)
by any combination of those things described in Clauses 5.21 (i), 5.21 (ii) and 5.21 (iii)
of this subsection.
5. 22
SPECIAL
OCCASION
USES
5.22. 1
Nothing in this by-law shall prevent the use of land in any zone for the purpose of special
occasion events such as a concert, a fundraising event, fair or other similar use provided such
use
is
not
operated
more
than
once
in
one
calendar
year
and
for
not
more
than
72
continuous hours. The municipality may issue a special occasion permit in accordance with
the municipal by-laws.
5. 23
TRUCK,
BUS AND
COACH
BODIES
Except
as
otherwise
specifically
permitted
in
this
By-law, no truck, bus, coach
body
or
structure of any kind, other than a dwelling unit erected and used
in accordance with this
and all other By-laws of the municipality
shall be used for human habitation or storage of
goods and
materials
within
any area affected
by this by-law, whether or not the same
is
mounted on wheels or other form of mounting or foundation.
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5.24
SWIMMING
POOLS
Notwithstanding
any other
provisions
of this
By-law a swimming
pool
is permitted
as an
accessory
use in any residential, agricultural, commercial, community
facility or open space
zone provided that:
i)
no part of such
pool
shall
be
located
closer to any lot line or street line than the
minimum distance required for an accessory building located on such lot;
ii)
any building
or structure
required
for changing
clothing
or for pumping
or filtering
facilities, or other
similar
accessory
uses
shall
meet
all
of the
accessory
building
requirements
of the zone in which the pool is located.
5.25
ACCESSORY
BUILDINGS
5.25.1
The
total
lot
coverage
of
accessory
buildings
and
structures
including
detached
private
garages
shall
not exceed
five ( 5) percent of the lot area except where a swimming
pool
or
tennis
court
is provided, in which
case the total
lot coverage
for accessory
uses shall
not
exceed twenty ( 20) percent.
In no case shall the lot coverage of all buildings on a lot exceed
the maximum
lot coverage of the principal
use set out in the applicable
provisions of this By-
law.
5.25.2
Where
an accessory
building
is not attached
to the principal
building, it shall
be located
in
accordance
with
the
provisions
of the
particular
zone. In
a Permanent
Agriculture
and
Marginal
Agriculture
zone, an accessory
structure
may
be permitted
between
the principal
building
and the road, provided
the minimum
front yard
requirement
is maintained.
The
required
minimum front yard for accessory buildings or structures
in all other zones shall not
be less than that of the principal building or structure.
5.25.3
Where an accessory building
is attached
to the main building, the front yard, side yard, rear
yard and area requirements
of this By-law shall be complied with as if the accessory building
was part of the main building.
5.25.4
No person shall
use an accessory
building for human
habitation
except where a dwelling
is
permitted
as an accessory building.
5.25.5
An accessory
building
shall
not be built closer to any lot line than the minimum
distance
required
by this
By-law except that common
semi-detached
garages
may
be erected
on a
mutual side lot line.
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5.25.6
Except in accordance with Section 5.16, no accessory building shall be erected prior to the
erection of a principal building or structure.
5.25.7 The minimum distance of an accessory building from a principal building shall be 3.0 metres
9.8 ft.).
5.26
FRONTAGE ON A STREET
No person
shall erect any building or structure
in any zone, except in a Limited
Service
Residential ( LSR) Zone, unless the lot upon which such building or structure is to be erected
fronts upon a public street maintained on a year round basis. For the purposes of this By-law
a street does not include an unopened
road allowance, a lane, or an unassumed road on a
Registered Plan which has been
deemed not to be a Registered Plan under the Planning Act.
The above provisions
shall not apply to prohibit the erection of any building on
a lot on
a
registered
plan of subdivision where a subdivision
agreement has been entered into but in
which the streets will not be assumed until the end of the maintenance period.
5.27
RESIDENTIAL EXTERIOR SI DE YARDS
Notwithstanding
any
provisions
of
this
By-law
to
the
contr<1ry, the
111111I111u111
required
exterior side yard mc1y be reduced to a minimum of three ( 3) metres ( 9. 8 ft.) provided th,1t ior
every one ( 1) metre or pa,1 thereof, the exterior side yard
is reduced
below
the minimum
requirement, the
minimum
front
yard
shall
be
correspondingly
increc1sed
by
the
s,11ne
distance.
5.28
SIGHT TRIANGLES
Unless otherwise specified in this By-law, on
c1 corner lot, within the tric1ngulc1r space fanned
by the street lines and a line drawn from a point in one street line to a point in the other
street line, each point being measured nine (9) metres ( 29.5 ft.) c1long the street lines from the
point of intersection
of the street lines, no building or structure which would obstruct the
vision of drivers of motor vehicles shall be erected and no trees, shrubs, hedges, fences or
walls shall be planted, erected or maintained
of greater height than one ( 1) metre ( 3.3 ft.)
above the centre line of the adjacent road at the lowest point. Where the two street lines do
not intersect at a point, the point of intersection of the street lines shall be deemed to be the
intersection of the tangents to the street lines.
5.29
HOME OCCUPATIONS
Horne occupations
are categorized
c1s Type ' A' and
Type ' B' home occupations.
Horne
occupations Type ' A' and Type ' B' are permitted
in the zones as indicated in this By-law in
accordance with the following:
i)
there is no displc1y, other than a sign of a maximum size of .55 square metres ( 6.0 sq.
ft.) to indicate to persons outside that any pa,t of the dwelling
is being used for a
purpose other than residential.
Furthermore, such a sign shall be setback a minimum
of 3 metres ( 9.8 ft.) from any lot line.
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ii)
such home occupation
is clearly secondary to the main residential
use and does not
change
the
residential
character
of the dwelling
nor
create
or become
a public
nuisance; in particular, in
regard
to noise, obnoxious
odours, emission
of smoke,
traffic or parking;
iii)
such home occupation does not inteifere with television or radio reception;
iv)
not more
than
25
percent of the gross floor area of the dwelling
is
used
for the
purposes
of home
occupation
uses
except
in
the
case
of
a bed
and
breakfast
establishment in which situation the provisions of subsection 5.29.3 shall apply.
5. 29. 1
Additional
Provisions
for Type ' A' Home
Occupations
Type ' A' home occupations
shall be conducted entirely within the principal
residence and
shall
be limited
to administrative
office type uses only such as computer based
businesses
and accounting and other consulting offices and may employ one ( 1) employee other than
those residing in the dwelling.
5.29.2
Additional Provisions for Type ' B' Home Occupations
Type ' B' home occupations
shall be conducted
entirely within the principal
residence and
shall
be
limited
to
personal
service , ind
medical
occupations
such
as
h,1irdressers, day
nurseries limited to 5 children or less, doctors and dentists offices and m,1y employ
011e ( 1)
person in addition to persons residing in the residence.
5. 29. 3
Additional
Provisions
for
Bed
and
Breakfast
as a Home
Occupation
Where a bed and breakfast establishment is established as , 1 home occupation, no more th,1n
4 guest rooms shall be maintained for the accommodation of the public.
5. 30
HOME
INDUSTRY
Horne industries are categorized
as Type ' A' and Type ' B' home industries.
Horne industries
Type ' A' and Type ' B' are permitted
in the zones as indicated
in this By-law in accordance
with the following:
i)
there is no open storage of goods
or materials;
ii)
there is no display, other than a sign of a maximum size of .55 square metres ( 6.0 sq.
ft.) to indicate to persons outside, that any par1 of the dwelling or accessory building
is being used for a purpose other than residential.
Furthermore, such a sig11 shall be
set back a minimum of 3 metres ( 9.8 ft.) from any lot line;
iii)
the home industry
is clearly secondary
to the main
residential
use and does not
change
the
residential
character
of the dwelling
nor
create
or become
a public
nuisance; in pa11icular in regard to
noise, noxious odours, emission of smoke, traffic
or parking;
iv)
where
an
interior
side yard
and/or rear
yard
abuts
a residential
zone, then such
interior side yard and/or rear yard shall be a minimum of 15 metres ( 49.2 ft.). This
15 metre ( 49.2 ft.) area shall be maintained in an open space condition and the open
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storage of goods or materials shall not be permitted within this 15 metre ( 49.2 ft.)
area;
v)
the home industry does not interfere with television or radio reception;
vi)
there are no goods, wares or merchandise, publicly offered or exposed for sale on the
premises outside of any buildings; and
vii)
on site parking is provided in accordance with Section 5.31.
5 .30.1 Additional Provisions for Type ' A' Home Industries
Type ' A' Home Industries shall include craft shops, woodworking, repair and service shops
and similar type uses and associated retail sales in accordance with the following:
i)
any accessory structure used for a Type ' A' home industry shall not exceed 39 sq.
metres ( 419.8 sq.ft.);
ii)
not more than one ( 1) person not residing in the residence on the lot shall be
permitted
5.30.2 Additional Provisions for Type ' B' Home Industries
Type ' B' Home Industries shall include craft shops, woodworking, light manufacturing,
repair and service shops, lawyers office, home economist and other similar type uses and
associated retail sales in accordance with the following:
i)
any accessory structure used for a Type ' B' home industry shall not exceed 50 sq.
metres ( 538.2 sq.ft.);
ii)
not more than two ( 2) persons not residing in the residence on the lot shall be
permitted;
iii)
the minimum lot size for a Type ' B' home occupation shall be 2 hectares ( 4.94 ac.);
iv)
one commercial vehicle associated with the home industry is permitted.
5.31
Off Street Parking Provision
For every building or structure to be erected for, altered for, or its use converted to any of
the uses specified in the following table, off-street parking facilities shall be provided and
maintained either on the same lot on which the principal use is located or, where this is not
possible, on a lot within 60 metres ( 196.9 ft.) of the lot on which the principal use is located
and in accordance with the following table and other provisions contained in this subsection
unless otherwise specifically provided.
5 .31.1 Minimum Parking Space Requirements
a)
b)
Residential
Marina
Two ( 2) spaces for every dwelling unit.
One ( 1) space for every 2 docking berths.
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c)
Senior Citizen Multiple Dwelling
il
Up to 30 dwelling units, jJZ1rking spaces shall equal 50 percent of the number
of dwelling units.
iii
Ber.,veen
30
and
60
units, parking
spaces
shall
equal
40
percent of the
number of dwelling units.
cl)
Private or Public
Hospital
or ,'-Jursing Horne
e)
Private or Commercial Club,
or Commercial RecreJtional
Establishment -
t)
Funeral Home -
g)
Church or Place of Worship,
Community Hall, Arenc1
h)
i)
j)
k)
Schools
Government or Public
Utility Building-
Business or Professional
Office -
Hotel/Motel/Resort
One (1) space for every r,,vo ( 2) beds.
0 ne ( 1) space for every three ( 3) persons to be
accommodated
in the design capacity of the
building.
One ( 1) space
for
every
3
chapel seating
spaces or fraction thereof with a minimum of
10 spaces.
One ( 1) space for every three ( 3) persons to be
accom111odated
according
to
maximu111
permitted capacity.
One ( 1) space per classroom, and one space
for
each
10
people
of
maximum
design
capacity of the assembly hall or auditorium.
One ( 1) space
for
every
twenty-three (23)
square
metres ( 247.6
sq. ft.) of
gross
floor
area.
One (
1)
space
for
every
twenty-three ( 23)
square metres ( 247.6 sq. ft.) of gross floor area
or where such use conflicts with the office of a
doctor or dentist, there shall be a minimum of
three ( 3) parking spaces provided on the sa111e
lot.
One ( 1) space for every guest room
and
one
I) space
for
every
eight ( 8) square
metres
86. 1
sq. ftJ
of
gross
floor
area
devoted
to
public use.
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Boarding or Roorning House,
Bed and Breakfast or
Tourist Establishment
111)
Place of Assernbly such
n)
o)
as Halls, Fraternal Organizations,
Labour Union Halls, Dance Halls,
Community Centres,
Theatres
Bowling Lanes and Billiard
Establishrnents -
Drive-In Restaurant or
Take-Out Restaurant
p)
Restaurant, Tavern,
Banquet Hall,
q)
r)
s)
Lounge or Meeting Areas,
excluding a Drive-In or
Take-Out Rest;:1ur,rnt
Retail, Wholesale Sales,
Merchandise Service Shop
or Studio -
Retail Lurnber and Building
Supply Outlet -
Autornotive Sales
Establishrnent,
New and Used) -
49
One (1) space for each bedroom.
One ( 1) space for every three ( 3) persons of
rnaxirnum design capacity.
One ( 1) space
for
every
two ( 2) persons
of
design capacity.
Design capacity shall
rnean
six (
6) persons per bowling lane and two (2)
persons per billiard table.
One ( 1) space for very two ( 2) square metres
21. 5 sq. ft.) of gross floor are,1.
One ( 1) space for every four and one half (4.5)
square metres ( 48. 4 sq. ft.) of public floor area
or one ( 1) space for every four ( 4) persons of
design cc11x1eity, whichever
is the greater with
a minimum of 10 spaces.
One ( 1) space
for every twenty- eight (28)
square
rnetres (
391 . 4
sq. ft.) of
gross
floor
area.
One ( 1) space
for
every 28 square metres
391. 4
sq. ft.) of
retail
floor
space
with
a
minimum of 6 spaces.
A m1n1murn
of ten ( 10) spaces plus ( 1) space
for every employee
working on
the premises
during the peak business period.
TOWNSHIP
OF TYENOINAGA-
COMPREHENSIVE
ZONING
BY-LAW
t)
Industrial Establishment -
u)
Warehouse or Bulk
Storage Yard -
v)
w)
x)
Post Offices, Museums,
and Libraries -
Horne Occupation or
Home Industry -
Uses Permitled by this
By-law Other than Those
Listed Above but Excluding
Accessory Uses to Single
Detached Dwellings -
5. 31. 2
Parking
Requirements
50
One ( 1) space for every
thirty-seven ( 37) square
111etres ( 398.3
sq. ft.)
of gross floor area.
One ( 1) space for every e111ployee working on
the premises during the peak business period.
One
space
for
every
forty-six ( 46) square
metres ( 495.2
sq. ft.) or
fraction
thereof
of
public floor area.
One ( 1) space for every eighteen ( 18) square
111etres ( 193.8 sq. ft.) of floor area devoted to
the use.
One ( 1) sp;ice
for every twenty- eight ( 2ll)
squ;ire
metres ( 301.4
sq.
ft.) of
gross
floor
area.
i)
Each p;irking space
111ust be re;idily accessible at all times and
arr;inged
in such a
manner to provide access and manoeuvring space for the parking and removal of a
motor vehicle without the necessity of moving any other 111otor vehicle, except that
this shall not apply in the case of a single detached dwelling.
ii)
Ingress and egress to and from the parking aisles prescribed by this section shall be
provided
by
a sufficient
nurnber
of adequate, unobstructed
driveways
having
a
minimum
width
of six ( 6) rnetres ( 19.7
ft.), except
that
in
the
case
of a single
detached dwelling, the width may be reduced to 3.5 metres ( 11.5 ft.).
iii)
All
off-street
parking
spaces,
driveways
and
aisles
required
herein
shall
be
constructed and rnaintained with a stable surface.
iv)
Where a rarnp to parking aisles provides access from a street, such a ramp shall not
be located closer than seven and one half (7.5) rnetres ( 24.6 ft.) from the street line
and a level stopping space shall be provided between the rarnp and the street grade
so as to provide adequate vision to the street in both directions.
v)
Where a lot, building or structure accommodates
more than one type of use, the
parking requirement for the whole building shall be the sum of the requirements for
the separate parts of the lot, building or structure occupied
by the separate types of
uses.
TOWNSHIP
Ot= TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
51
vi)
The
parking
requirements
referred
to
herein
shall
not apply
to
any
building
in
existence at the date of enactment of this By-law so long as the gross floor area as it
existed at that date is not increased or the use changed. If an addition is made or the
use is changed, then additional
parking spaces shall be provided
up to the number
required for such addition.
vii)
Where the application of ratios results in a fraction of a parking space, the required
number of spaces shall be increased to the next whole number.
viii)
In the case of a parking structure completely or partly below finished grade, it shall
not be necessary to comply with
the setback
requirements
of the particular zone,
except that the minimum distance between such a structure and the street line shall
be 7.5 metres ( 24.6 ft.).
ix)
Where parking
requirements
are related to seating capacity and seating is by open
benches, each . 6 metres ( 2 .0 ft.) of open bench shall be counted as one seat.
x)
The lights used for illumination of parking spaces, aisles and driveways
shall be so
arranged as to dive11 the light away from adjacent lots and streets.
xi)
A structure not more than four and one half ( 4.5) metres ( 14. 8 ft.) in height and not
more than four and one half (4.5) square metres ( 48. 4 sq. ft.) in area may be erected
in the parking area for the use of parking attendants.
xii)
No sign
shall
be
erected
in ;: iny p,11-king
area other than , 1 directioncil
sign, signs
necessarily
incidental
to the efficient operation
of a commercial
parking lot, and a
sign which gives the name of the owner.
The maximum size of any such sign shall
be one (1) square metre ( 10.8 sq. ft.).
xiii)
No gasoline pump or other service station equipment shall be located or maintained
on any parking space or aisle.
xiv)
In a residential zone or in an urban residential zone, not more than 50 percent of the
aggregate area of the side yards , rncl rear y,1rcl shall
be occupied
by p,nking sp,1ces,
aisles or drivew,1ys.
xv)
Entrances
and exits to parking
spaces
shall
not pass
through
zones other than the
zones requiring the parking spaces.
xvi)
Where off-street parking abuts a residential zone or urban residential zone, a wooden
fence at least 1.5 metres (
4.9 ft.) in height shall be erected and maintained
and the
land within three ( 3) metres ( 9.8 ft.) of the residential zone or urban residential zone
shall be maintained in an open space condition.
xvii)
No parking or loading facility or part thereof shall be located and no land shall be
used for the parking or storage of any vehicle within 1 metre ( 3.3 ft.) of any lot line or
street line, or within
3 metres ( 9.8 ft.) of the boundary of any residential
zone or
urban residential zone.
xviii)
Notwithstanding
Section
5.31.1
of this by-law to the contrary, where any building,
structure, use or activity is permitted or is legally in existence at the date of passing of
this By-law and is subsequently changed in use or enlarged or extended in floor area,
number of employees, number of dwelling units, seating capacity or otherwise which
results in the reduction of the minimum required parking facilities and/or number of
parking
spaces
and
such
number
of parking
spaces
or
part
thereof
cannot
be
provided in accordance with the minimum requirements, then such required parking
spaces
or
pa,1
thereof
shall
be
subject
to
a
cash-in-lieu
contribution
towards
municipal parking facilities, the cost of which shall be established by the Council of
the municipality from time to time for the determined deficiency.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
52
5.31.3
Handicap Parking
Handicap parking spaces shall be provided for all commercial
uses listed in Section 5.31.1 at
the
rate
of
1 space
per
500
sq. metres ( 5,382.0
sq. ft.) with
a minimum
of 2 spaces.
Handicap parking spaces should be a minimum of 3.5 metres ( 11.5 ft.) wide and be located
in close proximity to the commercial establishment.
5.32
LOADING SPACE REQUIREMENTS
i)
No
person
shall
erect
or
use
any
building
or
structure
in
any
zone
for
any
commercial
or industrial
purpose involving the movement of goods
unless loading
spaces are provided and maintained in accordance with the followi11g provisions:
a)
280 sq. 111 ( 3,014 sq. ft.) - 930 sq. 111 ( 10,010.8 sq. ft.)
1 space
b)
exceeding930sq. m(10,010. 8sq.ft.)
2 loading
spaces
plus
a
min11nu111
of
additional
loading
space
for
each
1400
sq.
111 (
15,070.0
sq.
ft.)
or
fraction
thereof
in
excess
of
930 sq. m ( 10,010.8 sq. ft.).
ii)
Each
loading space shall be at least 9.0 metres ( 29.5 ft.) long, 3.5 metres ( 11.5 ft.)
wide and have a ve11ical clearance of at least 4.0 metres ( 13.1 ft.).
iii)
The required loading spaces shc1II be
provided on the lot occupied by the building or
structure for which the said lo,1cling sp,Kes are required , rnd shc1II not form a pc1rt of
any street or lane.
iv)
For any
commercial
or industrial
use, no
loading
space or part
thereof
shall
be
located and no land shall be used for loading purposes within 1.5 metres ( 4.9 ft.) of
any
lot
line, or within
3 metres ( 9.8
ft.) of any
street
line
or
boundary
of any
residential
zone or urban residential zone, or within 3 metres ( 9.8 ft.) of the lot line
of a residential use.
v)
Access to loading spaces shall be by means of a driveway at least 6 metres ( 19.7 ft.)
wide contained
within the lot on which
the spaces are
located
and leading to a
street or lane located within or adjoining the zone in which the use is located.
vi)
The driveways and loading spaces shall be maintained with a stable suiface which
is
treated so as to prevent the raising of dust or loose particles.
vii)
The
loading
requirements
referred
to
herein
shall
not apply
to
any
building
in
existence at the date of enactment of this By-law so long as the gross floor area as it
existed at the date is not increased.
If an addition
is made, then additional
loading
spaces shall be provided up to the number required for such addition.
5.33
GROUP HOMES
Group
Homes are permitted
subject to rezoning to a Group Home Zone as established
in
this by-law and are also subject to the following requirements:
TOWNSHIP
OF TYEN0INAGA -
COMPREHENSIVE
ZONING
BY-LAW
53
i)
A group horne rnay be established
in any zone in which, at the time of application,
there is a perrnitted residential use as a principal use.
ii)
The establishrnent of a new or the expansion of an existing group horne shall be by
arnendment
to this by-law from
an appropriate
residential
zone to a Group Horne
Zone.
iii)
A group borne may be permitted to establish in the following types of dwellings:
a)
a single detached dwelling unit;
b)
a conve11ed single detached dwelling unit (all units);
c)
a semi-detached dwelling (both units);
d)
a duplex (both units).
iv)
A group home, including accessory buildings
and structures, shall comply with the
zone requirements
of the appropriate
residential
zone for the dwelling
type being
occupied.
v)
Facilities
lawfully
existing
on
the
date
of
passage
of
this
by-law
which
meet
Provincial
licencing
standards
but do not comply
with
the by-law
regulations
for
group homes as outlined in the Group Horne Zone of this by-law shall be permitted
to continue in operation.
vi)
All
group
home
facilities
existing
at
the
time
of passage
of this
by-law
shall be
permitted
to exp,rnd their operation
beyond
that which existed
on the date of the
passing of this by-law only by amendment to this by-law.
5. 34
AREAS
OF
INFLUENCE -
MX,
WO
ZONES
AND
AREAS
OF
MINERAL
AGGREGATE
PRESERVATION
i)
No
person
shall
erect
any
residential
structure
in ;: iny
zone
within
500 metres
1,640.4 ft.) of lands
zoned
MX -
Mineral
Extractive
without
the approval
of the
Ministry of Natural Resources upon successful application
for a minor variance , rnd
provided the residential
use is a permitted
use on the adjacent lands within the area
of influence.
ii)
No
person
shall
erect
any
residential
structure
within
the
area
outlined
on the
attached schedules
as being an Area of Mineral Aggregate Preservation without the
approval of the Ministry of Natural Resources upon successful application for a minor
variance and provided the residential use is a permitted use on the lands in question.
ii)
No person shall erect a residential structure in any zone within 500
111 ( 1,640.4 ft.) of
lands
zoned
WO -
Waste
Disposal
without
the
approval
of the
Ministry
of the
Environment
upon
successful
application
for
a minor
variance
and
provided
the
residential use is a permitted use on the adjacent lands within the area of influence.
5. 35
AGRICULTURE-
MINIMUM
DISTANCE
SEPARATION
i)
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no development shall be located on a separate lot and permitted by a specific zone,
unless it complies with the Minimum
Distance Separation ( MOS
I) calculated
using
Appendix 1 to this By-law.
ii)
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no livestock facility shall be erected or expanded within a PA and MA zone unless it
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY-LAW
54
complies with the Minimum Distance Separation ( MOS II) calculated using Appendix
2 to this By-law.
5. 36
SECONDARY
FARM
OCCUPATION
Secondary Farm Operations, as defined herein, are permitted within the PA and MA zoning
categories subject to the following provisions:
i)
The secondary farm occupation
is clearly secondary and incidental
to the principal
use of farming on the subject property;
ii)
Not more than one ( 1) secondary farm occupation
use shall be permitted on a farm
propeI1y;
iii)
The secondary farm occupation
operation
does not result in the loss of productive
farm land;
iv)
The secondary farm occupation shall only be conducted by an individual residing on
the farm property and who is physically involved
in conducting the farm operation
on
a day-to-day
basis; one
full-time
equivalent
employee
shall
be
permitted
in
conjunction with the secondary farm occupation;
v)
The types ol uses pennitted
as secondciry farm occupc1tions
sh,1II be limited to those
involved
in
the manufacture
or l,1brication
of goods, uses considered
to be trade
occup,itions, and
other
occupations
which
c1re
primarily
and
directly
related
to
agriculture and fanning;
vi)
All
secondary
farm
occupations
shall
be
conducted
inside
of
buildings
and/or
structures;
vii)
A secondary farm operation shall be operc1ted
c1s part of the farm u11it , rnd shc1II cei\se
if the farm use is discontinued;
viii)
The secondary farm occupation
shall not be operated
in a mc111ner thc1t will impede
or interfere with the ability of the farmer to conduct
the farming operation
on
the
subject property;
ix)
A
secondary
farm
occupation
shall
be
conducted
wholly
within
an accessory
building or structure or structures the combined floor area of which shall not exceed
186 sq. metres ( 2,002.2 sq. ft.). Buildings and structures must be designed in such a
manner that they can be converted/reve,1ed to a fanning use and must be located in
proximity to the principal farm building;
x)
The minimum setback for such building( s) from the rear and side property lines shall
be 15.2 metres ( 50 ft.);
xi)
A separate access driveway serving the secondary farm occupation
use shall not be
permitted;
xii)
Secondary farm occupations shall not be located in any front yard and shall not be
closer to any public road than the principal building on the lot.
5. 37
WATERTAKING
PERMITS
All lands that are the subject of an application to the Ministry of the Environment for a Permit
to Take Water under the Ontario Water Resources
Act RSO
1990, Chapter 0.40
and
the
Environmental
Bill of Rights, Statutes of Ontario, 1993, Chapter 28, shall
be subject to an
amendrnent to this by-law and shall be zoned to a special Open Space Zone.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
55
5. 38
OPEN
STORAGE
Open storage of goods or materials shall be permitted in those zones where permitted only if
the goods
are
accessory
to a use permitted
in
the zones
and
in accordance
with
other
provisions of this by-law.
5. 39
EXTERNAL
DESIGN
The following building materials
shall not be used for more than 5 percent of the exterior
vertical facing of any wall of any residential building within the municipality:
i)
building paper;
ii)
asphalt roll-type siding;
iii)
insulbrick.
5. 40
HEIGHT
EXCEPTIONS
Notvvithstanding the height provisions herein contc1ined, nothing in this by-law shall apply to
prevent
the erection, alteration
or
use
of the following
accessory
buildings
or structures
provided the principc1I
use is a use permitted within the zone in which it is locc1ted: a church
spire, barn, silo, belfry, flc1g pole, light stc1ndard, clock tower, chimney, wc1ter tc1nk, windmill,
radio
or
television
c1ntenna,
air
conditioner
duct,
incidental
equipment
requ~ for
processing and extemc1I equipment associc1ted with internc1I building equipment.
5.41
ABANDONED
EQUIPMENT
Unused
and/or
discarded
motor
vehicles,
far111
i111plernents
and
si111ilar
abandoned
equip111ent shc1II not be located or stored in c1ny zone in
c1 locc1tion where they will be visible
from a street or road or fro111 adjacent lots.
5.42
STORAGE
AND PARKING
OF MOTOR
VEHICLES
AND TRACTOR
TRAILER
TRUCKS
No land in the 111unicipality shall be used for the storage or parking of a derelict vehicle.
No
land
in
the
111unicipality
shall
be
used
for
the
parking
of a motor
vehicle
which
is
undergoing repairs unless:
i)
such repairs are effected within an enclosed building; or
ii)
such repairs are co111pletely effected within a period of not more than 72 consecutive
hours
and
while
the
vehicle
is
parked
upon
a driveway
or
rear
yard
as
herein
provided; or
iiiJ
such repairs are effected while the vehicle
is parked in a location such that it is not
visible from any adjacent lands which ,1re not occupied by the owner of the vehicle.
1'-Jo
land
in
the 111unicipality
shall
be
used
for the outdoor storage of 111otor vehicle parts
t111less such motor vehicle parts are stored
in , 1 location such that they are not visible from
any adjacent l,rnds which are not occupied by the owner of such parts.
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY- LAW
56
No tractor trailer trucks shall be parked overnight on a single occasion or continuous basis
within any urban residential zone ( Rl, R2) as established in this by-law.
5.43
INTERIOR SIDE YARD - MARINE FACILITIES AND COMMUNAL DOCKS
5.43. l Marine facilities shall not be permitted to locate closer than 1.5 metres ( 4.9 ft.) to any
interior side lot line.
5.43.2 Communal docks shall not be permitted to locate closer than 60 metres ( 196.6 ft.) to any
interior side lot line adjacent to a residential zone.
5.44
OUTDOOR WOODBURNING FURNACES
An outdoor woodburning furnace shall be permitted in all zones, except EP and EPW zones,
and shall comply with the following regulations:
i)
minimum setback from:
a)
alot line abutting a residential zone
100 metres ( 328.1 ft.)
b)
any otherlot line
60 metres ( 196.6 ft.)
ii)
no outdoor furnace shall be constructed or installed on a lot without the issuance of a
building permit for construction from the municipality. For the purposes of this
subsection, the term " construction" has the same meaning as set out in Section 1 ( 1)
of the Building Code Act, S.O. 1992, c. 23 as amended.
5.45
TRAVEL TRAILERS, MOTORIZED MOBILE HOMES, RECREATIONAL VEHICLES,
CAMPER TRAILERS. TRUCK CAMPERS
5.45.1
The use of travel trailers, motorized mobile homes/ recreational vehicles, truck campers and
camper trailers shall be prohibited in all zones except for a Resort/ Recreational Commercial
Zone.
5.45.2 A maximum of one motorized mobile home/ recreational vehicle, truck camper, travel trailer
or camper trailer shall be permitted to be parked or stored on a lot in a residential zone.
5 .45 .3 The use of any of the above mentioned or similar vehicles shall not be used for human
habitation, except in a Resort/ Recreational Commercial Zone.
5.45.4 The above named vehicles shall not be used in any zone for carrying on business.
5.46
MODULAR HOMES
5.46.1 A modular home shall be permitted in any residential zone, subject to the following:
i)
a building permit is required to erect a modular home;
ii)
modular homes may be permitted, but are not required to be placed on a permanent
foundation.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
57
iii)
servicing
for modular
homes must be approved
by the appropriate
authority.
5.46.2
In an agricultural
zone:
i)
in addition
to the above
provisions,
a modular
home
may be used
as an accessory
building
to house a maximum
of six seasonal
farm
workers
by the owner of the lands
on which
the modular
home
is accessory.
Such
modular
home
shall
be located
to
the rear or side of the main building.
ii)
such
use of a modular
home shall be permitted
by passage of a temporary
use by-law
by the municipality.
5.47
KENNELS
5.4 7.1
A kennel, as defined
in this by- law, shall be permitted
in the Permanent
Agriculture ( PA) and
Marginal
Agriculture ( MA) zones only.
5.4 7.2
Any attached
or detached
building
or structure
constructed
and used in order to board, keep,
train, house, breed or exercise
any dog shall be set back a minimum
of 60.96 metres ( 200 ft.)
from all adjacent
lot lines.
5.47.3
Notwithstanding
Section
5.48.2, a kennel
shall
be
separated
from
an
adjacent
residential
zone by a minimum
of 100 metres ( 328.1 ft.).
5.48
LIMITED SERVICE RESIDENTIAL DEVELOPMENT
Development
that
is proposed
on a lot located
on a private
road
or with water
access
only
shall
be
rezoned
to a Limited
Service
Residential
Zone
before
a building
permit
may
be
issued
by the municipality.
Legal
access
to
the
lot
shall
be
proven,
to
the
satisfaction
of the
municipality,
before
a
building
permit may be issued.
A
limited
service
agreement
shall
be entered
into
with
the
municipality
before
a building
permit may be issued.
This shall
ensure that the municipality
does not maintain
and will not
be
expected
to
maintain
the
private
road
leading
to
the
property
or
perform
any
other
services
normally
associated
with public highways
in the municipality.
5.49
MINIMUM GROSS FLOOR AREA IN A DWELLING UNIT
i)
single detached
dwelling ( including
triplex,
fourplex, townhouse
and low- rise apartment
complex)
74.3 sq. metres ( 800 sq. ft.)
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY- LAW
ii)
iii)
iv)
v)
seasonal dwelling
converted dwelling
accessory dwelling unit
Mobile Home Residential Zone)
accessory dwelling unit
non-residential setting and in Resort
Recreational Zone)
5.50
Development Adjacent To CNR & CPR Lines
58.99 sq.metres( 635 sq.ft.)
42 sq.metres( 452.1 sq.ft.) plus
13 sq. metres ( 139.9 sq.ft.) for
each additional bedroom
74 sq.metres ( 796.6 sq.ft.)
See Section 5 .19
The following noise, vibration and safety standards shall apply to development in the
vicinity of the CNR & CPR principal main lines within the Township:
58
i)
A minimum building setback for residential, institutional, commercial ( i.e. office,
retail, services, restaurants, shopping centres, warehouse retail outlets, and other
places of public assembly) and recreational facilities ( i.e. parks, outdoor assembly,
sports area) from a railway right-of-way is 30 metres ( 98.4 ft.) in conjunction with a
2.5 metre ( 8.2 ft.) high earthen berm. In absence of a safety berm, a 120 metre ( 393.7
ft.) setback is required.
ii)
A minimum setback for a manufacturing and repair use ( i.e. factories, workshops,
automobile repair and service shops) from the railway right-of-way is 15 metres
49.2 ft.) in conjunction with a 2.0 metre ( 6.6 ft.) high earthen berm. In absence of a
safety berm, a 60 metre ( 196.9 ft.) setback is required.
iii)
The earthen berm is required to have side slopes of2.5 to 1, adjoining and parallel to
the railway right-of-way with returns at the ends.
iv)
A minimum setback for a warehouse and other heavy industrial use is 15 metres
49.2 ft.)
v)
A 1.83 metre ( 6 ft.) chain link security fence is required along the mutual property
line with the railway right-of-way, to be installed and maintained at the
applicant/ owner' s expense.
vi)
Any future residential development adjacent to the railway right-of-way will require
approval from Canadian National Railway or Canadian Pacific Railway for noise and
vibration mitigation measures.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
59
SECTION
6 - PA-
PERMANENT
AGRICULTURE
ZONE
6.1
Within
a PA -
Permanent
Agriculture
Zone, no
person
shall
use
any
land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
6. 2
PERMITTED
USES
6.3
i)
agricultural uses, including a livestock facility,
ii)
conservation
uses including forestry, reforestation and other activities connected with
the conservation of soil or wildlife,
iii)
wood lots,
iv)
outdoor recreational uses such as hiking and cross country ski trails,
v)
wayside pits and quarries,
vi)
a single detached dwelling,
vii)
a bed and breakfast establishment,
viii)
open space uses,
ix)
an accessory building or use to the above uses including a single detached dwelling
as an accessory use to agriculture,
x)
a Type ' A' and Type ' B' home
occupation, in accordance
with
the provisions of
Section 5.29 of this By-law,
xi)
a secondary
farm occupation
in accordance with the provisions
of Section 5.36 of
this By-law,
xii)
a Type ' A' and Type ' B' home industry, in accordance with the provisions of Section
5.30 of this By-law,
xiii)
an agricultural produce sales outlet,
xiv)
a kennel ( see Section 5.48).
ZONE REGULATIONS
a)
b)
For Residential
Uses
i)
ii)
iii)
iv)
v)
vi)
vii)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side yard ( Minimum)
Exterior Side Yard ( Minirnurn)
Gross Floor Area ( Minimum)
4,000 sq. rn ( 43,057.1 sq. ft.)
60 metres ( 196.9 ft.)
20 metres ( 65.6 ft.)
10 metres ( 32.8 ft.)
8 metres ( 26.2 ft.)
10 metres ( 32.8 ft.)
74.3 sq. rnetres ( 800 sq. ft.)
viii)
Lot Coverage ( Maximum)
30 percent
ix)
Building Height (Maximum)
7.5 metres ( 24.6 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
For All Other
Uses
i)
Lot Area ( Minimum)
18.2 ha ( 45 acres)
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
c)
ii)
Lot Frontage ( Minimum)
100 metres ( 328.1 ft.)
iii)
Building Height ( Maximum)
7.5 metres ( 24.6 ft.)
iv)
Front Yard and Exterior Side Yard ( Minimum)
20 metres ( 65.6 ft.)
v)
Interior Side Yard ( Minimum)
8 metres ( 26.2 ft.)
vi)
Rear Yard ( Minimum)
10 metres ( 9.8 ft.)
vii)
Off-street parking shall be provided
in accordance with Section 5.31.
For Accessory Buildings
i)
ii)
iii)
iv)
v)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Height ( Maximum)
See Section 5.25.2
3.0 metres ( 9.8 ft.)
3.0 metres ( 9.8 ft.)
20 metres ( 65.6 ft.)
4.5 metres ( 14.8 ft.)
6.4
GENERAL
PROVISIONS
60
All special provisions of Section 5 " General
Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the PA - Permanent Agriculture Zone.
6.5
SPECIAL
PA - PERMANENT
AGRICULTURE
ZONES
6.5.1
PA-1
6.5.2
PA-2 ( lot 40 Concession 1NR, Township of Tyendinaga)
Notwithstanding
any
provisions
of this
by-law
to the contrary, on
lands
zoned
PA-2
and
shown on the attached schedules, the following special provisions shall apply:
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
Permitted Uses
The following shall be the only permitted use:
i)
wholesale and retail sale of horse-related supplies.
All other provisions of this by-law shall apply.
PA-1 { Lot 40 Concession
1, Township
of Tyendinaga) {
By-Law 98-17)
Notwithstanding
any provisions
of this by- law to the contrary, on lands zoned
PA-1 and shown
on the attached
schedules, the following
special
provision
shall apply:
Permitted
Uses
The following
shall be the only permitted
use:
61
I)
That Plate " A" of By-law 77-10, as amended, be and the same is hereby amended
by rezoning
that
part of Lot 40, Concession
1 (S) as delineated
on the attached
map identified
as Schedule " A" of this
By-Law from " Prime Agriculture" to " Prime Agriculture- Exception
1 (PA-1)
II)
All provisions
of the " PA ( Prime Agriculture)"
zone shall apply to the " PA-1 ( Prime Agriculture -
Exception
1)" zone except as herein varied:
a.
PRINCIPAL
USES:
repair, servicing
or certification
of farm equipment
or farm
machinery:
b.
ANCILLARY
USES:
a limited
amount of motor vehicle certification
when clearly
SECONDARY
and MINOR
in relation to the Principal
Uses;
c.
OUTSIDE
STORAGE:
outside
storage of motor vehicles or farm machinery, except
as man be
permitted
by the provisions
of By-Law # 77-10, is
prohibited.
All other provision
of this by- law shall apply
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
62
SECTION
7 - MA-
MARGINAL
AGRICULTURE
ZONE
7.1
Within a MA - Marginal Agriculture Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted
in this section
and
also
such
use, building
or
structure
shall
be
in
accordance
with
the
regulations
contained or referred to in this section.
7.2
PERMITTED
USES
i)
agricultural uses, including a livestock facility,
ii)
conservation
uses, including
forestry, reforestation
and
other
activities connected
with the conservation of soil or wildlife,
iii)
wood lots,
iv)
wayside pits and quarries,
v)
open space uses,
vi)
an apiary,
vii)
a fur farrn,
viii)
a riding club or boarding stable,
ix)
a greenhouse,
x)
a golf course,
xi)
passive recreational outdoor uses,
xii) .
a warehouse,
xiii)
a grain drying facility,
xiv)
a livestock assernbly area or a livestock exch,rnge,
xv)
a hunt carnp,
xvi)
a single detached dwelling,
xvii)
a bed and breakfast establishrnent,
xviii)
a research facility,
xix)
an agricultural produce sales outlet,
xx)
an accessory building or use to the above uses, including a single detached dwelling
as an accessory use to agriculture,
xxi)
a Type ' A' and Type ' B' home
occupation, in accordance
with
the provisions of
Section 5.29 of this By-law,
xxii)
a Type ' A' and Type ' B' home industry, in accordance with the provisions of Section
5 .30 of this By-law,
xxiii)
a secondary farrn occupation
in accordance with the provisions of Section
5 .3 7 of
this By-law,
xxiv)
logging,
xxv)
a kennel ( see Section 5.4tf/.
7.3
ZONE REGULATIONS
a)
For Residential
Uses and
Uses Other than Hunt Camps, Logging Operations and
Accessory Buildings
i)
Lot Area ( Minimum)
6 hectares ( 15 acres)
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
b)
c)
d)
ii)
Lot Frontage (
Minimum)
60 metres (
196. 9 ft.)
iii)
Front
Yard ( Minimu111)
20 111etres (
65. 6 ft.)
iv)
Rear Yard ( Minimum)
10 metres (
32. 8 ft.)
v)
Interior
Side
yard ( Mini111um)
8 111etres (
26. 2 ft.)
vi)
Exterior
Side
Yard ( Mini111u111)
10 metres (
32. 8 ft.)
vii)
Gross
Floor
Area ( Minimum)
74. 3 sq. metres (
800
sq. ft.)
viii)
Lot Coverage (
Maxi111um)
30 percent
ix)
Building
Height ( Maximum)
7.5 metres (
24. 6 ft.)
x)
Off- street
parking
shall
be provided
in accordance
with
Section
5. 31.
For Accessory
Buildings
i)
ii)
iii)
iv)
v)
Front
Yard ( Minimum)
Rear
Yard ( Minimum)
Interior
Side
Yard ( Minimum)
Exterior
Side
Yard ( Mini111u111)
Height ( Mzixi111u111)
For Hunt
Camps
See Section
5. 25. 2
3. 0 metres ( 9.8 ft.)
3. 0 rnetres (
9.8 ft.)
20 metres (
65. 6 ft.)
4. 5 metres (
14. 8 ft.)
63
Notwithstzinding
other
provisions
of this
by- law, hunt
camps
shall
be
subject
to
the
following
special
provisions
in , 1ddition
to all
other
applicable
provisions
of this
by-
law:
i)
Lot area ( 111ini111um)
40. 5 hectares ( 100 acres)
ii)
Setback
frorn
a residential
zone ( for buildings
or structures) (
mini111um)
200
m ( 656. 2 ft.)
iii)
Setback
from
a public
road ( for buildings
or structures) (
111ini111um)
200
111 ( 656. 2 ft.)
iv)
A building
permit
shall
be required
for any buildings
or structures
on the site.
v)
New
hunt
camps
shall
be permitted
to establish
on public
and
private
roads.
vi)
The
building
inspector
shall
decide
if buildings
or structures
on the site
are fit
for
hu111an
occupancy.
Cottage
standards
as outlined
in
the
Ontario
Building
Code
may
be applied.
For Logging
Operations
Notwithstanding
other
provisions
of
this
by- law,
no
logging
operation
shall
be
per111itted
within:
i)
600
metres (
1, 968. 5 ft.) of settle111ent
areas
or urban
areas;
ii)
120
111etres (
393. 7 ft.) of an area
zoned
Open
Space;
iii)
120
metres (
393. 7 ft.) from
the
highwater
111ark
of any
lake,
river
or stream,
except
an
inter111ittent
stream;
iv)
120
111etres (
393. 7 ft.) from
the boundary
of a Provincial
Highway;
v)
23
metres (
75. 5 ft.) from
the boundary
of a Township
Road;
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
7. 4
64
vi)
30 metres ( 98.4 ft.) from a residence on an adjacent property.
but nothing in this by-law shall prevent the selective cutting, as defined
in this by-
law, of mature timber within such distances.
GENERAL
PROVISIONS
All special provisions of Section S"General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the MA - Marginal Agriculture Zone.
7. 5
SPECIAL
MA-
MARGINAL
AGRICULTURE
ZONES
7.5.1
MA- 1 ( Lot 27, Concession
2, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on lands zoned
MA-1
and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
the building line shall be no greater thcin 300
111 ( 984.3 ft.) from
the front property
line;
ii)
there shall be a 10
111 ( 32.8 ft.) setback from the limits of the Tra11S Canada Pipeline
right-of-way for all penncinent structures cind exec1vr1tions.
All other provisions of this by- 1w shall apply.
7.5.2
MA-2
Lot 8 Concession 1SR
ownshi
of T endina -a
Notwithstanding
any provisions
of this by-lciw
to the contrary, on lands zoned
MA-2 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
ii)
Front Yard ( minimun}Y
Lot Frontage ( minin{u111)
All other provisions of this by-law shall apply.
7.5.3
MA-3 (Lot 21, Concession 8, Township of Tyendinaga)
30 rn ( 98.4 ft.)
75
m (
more
or
less
equal to the
existing frontage) ( 246.1 ft.)
Notwithstanding
any provisions
of this by-law to the contrary, on lands zoned
MA-3 and
shown on the attached schedules, the following special provisions shall apply:
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
65
Zone Provisions
i)
the minimum lot area and frontage shall be that existing at the date of passage of this
by-law.
All other provisions of this by-law shall apply.
Zone MA-5
The property located at 1985 Read Road; Con 7 Pt Lot 20; 89.39ac; Roll # 120100003513800
Is zoned MA-5 (doesn' t really apply but the records do indicated MA-5 is the property' s zoning)
Yes there is a gravel pit on this property
Yes the pit has an active licence but is not currently in use BUT is able to be if so desired.
The pit unfortunately is not shown or given a separate zone under By-law Map 2003-16
Additional " Special Zones" &
Accompanying By-Jaws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
66
SECTION
8 - RR -
RURAL
RESIDENTIAL
8.1
Within a RR -
Rural Residential Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in
accordance with the regulations contained or
referred to in this section.
8. 2
PERMITTED
USES
i)
a single detached dwelling,
ii)
an accessory building or use,
iii)
a Type ' A' or Type ' B' Home Occupation
in
accordance
with
the provisions of
Section 5.29 of this By-law,
iv)
a Type ' A' Home Industry in accordance with the provisions of Section 5.30 of this
By-law,
v)
a bed and breakfast establishment.
8. 3
ZONE
REGULATIONS
a)
For Residential Uses
b)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
Lot Are,\ ( Mini111um)
4,000 sq. metres ( 43,057.1 sq. ft.)
Lot Frontage ( Minimum)
60 metres ( 196.9 fl.)
Front Yard ( Minimum)
20 metres ( 65.6 ft.)
Rear Yard ( Minimum) ·
10 metres ( 32.8 ft.)
Interior Side Yard ( Minimum)
8 metres ( 26.2 f1.)
Exterior Side Yard ( Minimum)
20 metres ( 65.6 ft.) c,/»,
Gross Floor Area ( Minimum)
74.3 sq. metres(~ sq. ft.)
Lot Coverage ( Maximum) ~
O percent
Building Height (Maximum)
7.5 metres ( 24.6 ft.)
Off-street parking shall be provided in accordance with Section 5.31.
For Accessory
Buildings
Not Attached
To The
Principal
Building
i)
ii)
iii)
iv)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Building Height ( Maximum)
3 metres ( 9.8 ft.)
metres ( 9 8 ft.)
3 metres ( 9.8 ft.)
4.5 metres ( 14.8 ft.)
8. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the RR - Rural Residential Zone.
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY-LAW
67
8.5
SPECIAL RR - RURAL RESIDENTIAL ZONES
8.5.1
RR- 1 ( Lot 2, Concession 8, Township of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
la11ds zoned
RR-1
and
shown on the attached schedules, the following· special provisions shall apply:
Zone Provisions
i)
setback from an environmental protection zone ( minimum)
15
111 ( 49.2 ft.)
All other provisions of this by-law shall apply.
8. 5. 2
RR- 2 ( Lot 5, Concession
1NR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
RR-2 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
east side yard setb;:1ck ( minimum)
12.5 m ( 41.0 f1.)
All other provisions of this by-law shall apply.
8. 5. 3
RR- 3 ( Lot 30, Concession
4, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
RR-3
and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
setback of an existing barn or manure
storage from a dwelling unit (minimum)
All other provisions of this by-law shall apply.
8. 5. 4
RR- 4 ( Lot 31, Concession
3, Township
of Tyendinaga)
76 Ill (249.3 ft.)
Notwithstanding
any provisions
of this
by-law to the contrary, on
lands zoned
RR-4 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
single detached dwelling;
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
68
ii)
single contractor' s garage;
iii)
limited repairs and storage relating to the garage.
All other provisions of this by-law shall apply.
8. 5. 5
RR- 5 ( Lot 8, Concession
1NR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
RR-5 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
east side yard ( minimum)
38.4 Ill (126 ft.)
All other provisions of this by-law shall apply.
8. 5. 6
RR- 6 ( Lot 4, Concession
3, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to the contrary, on lands
zoned
RR-6 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
front y;:1rd depth ( minimum)
60.96
111 ( 200 ft.)
ii)
the main floor elevation of any house built shall be the szime elevation as the house
immediately to the east.
All other provisions of this by-law shall apply.
8. 5. 7
RR- 7 ( Lot 35, Concession
A, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
RR-7 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
a seasonal dwelling.
All other provisions of this by-law shall apply.
8. 5. 8
RR- 8 ( Lot
24, Concession
8, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
RR-8 and
shown on the attached schedules, the following special provisions shall apply:
TOWNSHIP
OF TYEN0INAGA -
COMPREHENSIVE
ZONING
BY-LAW
69
Zone Provisions
i)
lot area ( rninirnum)
2.78 ha ( 6.88 acres)
All other provisions of this by-law shall apply.
8. 5. 9
RR- 9 ( Lot 38, Concession
9, Township
of Tyendinaga)
Notwithstanding
any provisions of this by-law to the contrary, on
lands
zoned
RR-9 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
setback for a residential use from an MX Zone ( minimum)
83.8 Ill (275 ft.)
All other provisions of this by-law shall apply.
8. 5. 10
RR- 10 ( Lots
10 and
11, Concession
4, Township
of Tyendinaga)
Notwithstanding
any provisions of this by-law to the contrary, on
lc,nds zoned
RR-10 and
shown on the attached schedules, the following speci,11 provisions shall apply:
Zone Provisions
i)
lot area ( minimum) .
8 ha (2 acres) -
All other provisions of this by-law shall apply.
8. 5. 11
RR- 11 ( Lots
11
and
12, Concession
5, Township
of Tyendinaga)
Notwithstanding
any provisions
of this bylaw to the contrary, on
lands zoned
RR- 11
and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
i)
ii)
lot area (111 in irn urn) ~========---======:-"'.;~-:·
3 7. 2
111 ( 4 50 ft.)
lot frontage ( minimum)--::;
1 .25 ha ( 3.1 acres)
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
70
SECTION
9 -
LSR -
LIMITED
SERVICE
RESIDENTIAL
9.1
Within a LSR -
Limited Service Residential
Zone, no person shall
use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
In
a
Limited
Service
Residential
Zone, there
is
no
commitment
or
requirement
by
the
municipality
to assume
responsibility
for ownership
or maintenance
of any
private
road.
Due
to
road
conditions
of
privately
maintained
roads,
there
is
no
commitment
or
requirement
by
the
municipality
to
ensure
that
emergency
vehicles
are
able
to
access
privately owned
roads.
The intent of the Limited
Service Residential
Zone
is to recognize
residential development on private roads.
9. 2
PERMITTED
USES
i)
a seasonal dwelling,
ii)
a single detached dwelling,
iii)
an accessory building or use, including one sleeping cabin,
iv)
a Type ' A' home occupation, in accordance with the provisions of Section
5.29 of
this By-law.
9. 3
ZONE
REGULATIONS
a)
b)
For Residential
Uses
i)
ii)
iii)
iv)
v)
vi)
vii)
Lot Area ( Minimum)
Lot Frontage on a Private Road and/or
a Navigable Waterway ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Gross Floor Area ( Minimum)
4,000 sq. metres ( 43,057.1 sq. ft.)
60 metres ( 196. 9 ft.)
10 metres ( 32.8 ft.)
10 metres ( 3 2 .8 ft.)
8 metres ( 26.2 ft.)
3 metres ( 9.8 ft.)
58.99 sq. metres ( 635 sq. ft.)
viii)
Lot Coverage ( Maximum)
20 percent
ix)
Building Height (Maximum)
7.5 metres ( 24.6 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
For Accessory
Buildings
Not Attached
To The Principal
Building
i)
ii)
iii)
iv)
v)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Building Height (Maximum)
Gross Floor Area ( Maximum)
3 metres ( 9 .8 ft.)
3 metres ( 9.8 ft.)
3 metres ( 9 .8 ft.)
4.5 metres ( 14.8 ft.)
23 sq. metres ( 247.6 sq. ft.)
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
71
c)
Vegetative
Buffer
Adjacent
To The Shoreline
d)
i)
a
natural
vegetative
buffer
strip
15
metres (
49. 2
ft.)
in
width
shall
be
maintained.
For Lots on a Narrow
Water
Body
Where
a lot ( with
or without
road
frontage)
fronts
on a narrow
water
body
as defined
in this by- law, the required
water
frontage
shall
be 100 metres (
328. 1
ft.).
9. 4
GENERAL
PROVISIONS
All
special
provisions
of Section
5 " General
Provisions"
shall
apply, where
applicable,
to any
land, lot building,
structure
or use within
the
LSR -
Limited
Service
Residential
Zone.
9. 5
SPECIAL
LSR- LIMITED
SERVICE
RESIDENTIAL
ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
72
SECTION
10 - WR - WATERFRONT
RESIDENTIAL
10. 1
Within
a WR -
Waterfront
Residential
Zone, no
person
shall
use any
land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted
in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
10. 2
PERMITTED
USES
i)
a single detached dwelling,
ii)
a seasonal dwelling,
iii)
an accessory building or use,
iv)
a Type ' A' and
Type ' B' home occupation, in accordance
with
the provisions
of
Section 5.29 of this By-law,
v)
a Type ' A' home industry, in accordance with the provisions
of Section 5.30 of this
By-law.
10. 3
ZONE
REGULATIONS
a)
b)
c)
For Residential
Uses
i)
ii)
iii)
iv)
v)
vi)
Lot Area ( Minimum)
Road Frontage ( Mini'mum)
Water Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
4,000 sq. metres ( 43,057.1 sq. ft.)
60 metres ( 196.9 ft.)
60 metres ( 196.9 ft.)
20 metres ( 65.6 ft.)
30 metres ( 98.4 ft.)
8 metres ( 26.2 ft.)
vii)
Exterior Side Yard ( Minimum)
20 metres ( 65.6 ft.) C)~
viii)
Gross Floor Area ( Minimum)
74.3 sq. metres ffl"MJ sq. ft.)
ix)
Lot Coverage ( Maximum)
20 percent
x)
Building Height (Maximum)
7.5 metres ( 24.6 ft.)
xi)
Off-street parking shall be provided in accordance with Section 5.31.
For Accessory
Buildings
Not Attached
To The Principal
Building
i)
ii)
iii)
iv)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Building Height ( Maximum)
Vegetative
Buffer
Adjacent
To The Shoreline
3 metres ( 9.8 ft.)
3 metres ( 9.8 ft.)
3 metres ( 9.8 ft.)
4.5 metres ( 14.8 ft.)
i)
a
natural
vegetative
buffer
strip
15
metres ( 49.2
ft.) in
width
shall
be
maintained.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
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d)
73
For Lots on a Narrow
Water
Body
Where a lot (with or without road frontage) fronts on a narrow water body as defined
in this by-law, the required water frontage shall be 100 metres ( 328.1 ft.).
10.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot building, structure or use within the WR - Waterfront Residential Zone.
10.5
SPECIAL WR- WATERFRONT
RESIDENTIAL
ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY- LAW
74
SECTION
11 -
MHR -
MOBILE
HOME
RESIDENTIAL
11. 1
Within a MHR - Mobile Horne Residential Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted
in this
section and also no person shall within any MHR zone use any lot or install, place, erect,
alter or use any building or structure unless such lot is served by a communal water system
and a sanitary sewer systems and except in accordance with the regulations
contained
or
referred to in this section.
11. 2
PERMITTED
USES
i)
mobile home,
ii)
an accessory dwelling,
iii)
mobile home park,
iv)
mobile home park management office,
v)
a public use,
vi)
a recreational use accessory to a mobile home park.
11. 3
ZONE
REGULATIONS
a)
For Mobile
Home
Sites
b)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
Site Area ( Minimum)
Site Frontage ( Minimum)
Front Yard ( Minimum)
Setback from Internal Roads
Exterior Side Yard ( Minimum)
Interior Side Yard ( Minimum)
Rear Yard ( Minimum)
Site Coverage ( Maximum)
Building Height ( Maximum)
For Mobile
Home
Parks
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Rear Yard ( Minimum)
Dwelling Unit area for accessory
Dwelling house
Landscaped Area ( Minimum)
Accessory Dwellings per lot
Maximum)
700 sq. metres ( 7,535.0 sq. ft.)
18 metres ( 5 9. 1 ft.)
13.5 metres ( 44.3 ft.)
9 metres ( 29.5 ft.)
13.5 metres ( 44.3 ft.)
3 metres ( 9.8 ft.)
3 metres ( 9.8 ft.)
33 percent
5 metres ( 16 .4 ft.)
3 hectares ( 7.4 acres)
60 metres ( 196.9 ft.)
7.6 metres ( 24.9 ft.)
13.5 metres ( 44.3 ft.)
7.6 metres ( 24.9 ft.)
74 sq. metres ( 796.6 sq. ft.)
30 percent
1
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
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75
11. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot building, structure or use within the MHR - Mobile Home Residential Zone.
11. 5
SPECIAL
MHR -
MOBILE
HOME
RESIDENTIAL
ZONES
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
76
SECTION
12 -
R1 -
RESIDENTIAL
FIRST
DENSITY
ZONE
12. 1
Within
a Rl -
Residential
First
Density
Zone, no
person
shall
use any
land, erect, alter,
enlarge, use or rnaintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
12. 2
PERMITTED
USES
i)
a single detached dwelling,
ii)
a public park,
iii)
an accessory building or use to the above uses,
iv)
a Type ' A' and Type ' B' home occupation, according to the provisions of Section
5. 29 of this By-law,
v)
a Type ' A' horne industry, according to the provisions of Section 5. 30 of this By-law,
12. 3
ZONE
REGULATIONS
a)
For a Single
Detached
Dwelling
i)
Lot Area ( Minimum)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
public water and sanitary sewers
550 sq. metres ( 5, 920. 3 sq. ft.)
public water and private sewage
disposal system
I, 110 sq. metres ( 11, 840. 7 sq. ft.)
private water and priv,1te sew,1ge
disposal system
4, 000 sq. metres ( 43, 057. 1 sq. ft.)
Lot Frontage ( Minimum)
public water and sanitary sewers
18 metres ( 59. 1
ft.)
except in the case of a corner lot for which the minimum
lot frontage shall
be 21
rnetres ( 68. 9 ft.)
public water and public sewage
disposal systern
private water and private sewage
24 metres ( 78. 7 ft.)
disposal system
45 rnetres ( 147. 6 ft.)
Front or Rear Yard
7.5 rnetres ( 24. 6 ft.)
Interior Side Yard ( Minimurn)
2 rnetres ( 6. 7 ft.)
Exterior Side Yard ( Minirnum)
4. 5 rnetres ( 14. 8 ft.)
Gross Floor Area ( Minirnurn)
74. 3 sq. metres ( 800 sq. ft.)
Lot Coverage ( Maxirnurn) ( all buildings) 25 percent
Building Height (Maxirnurn)
Landscaped Open Space ( Minimum)
Number of Dwelling Houses per Lot (Maxirnurn)
Nurnber of Dwelling Units per Lot (Maxirnum)
7.5 metres ( 24. 6 ft.)
30 percent
1
Off-street parking shall be provided in accordance with Section 5. 31.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
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b)
For Accessory
Buildings Not Attached To The Principal Building
i)
ii)
iii)
iv)
Rear Yard ( Minirnurn)
Interior Side Yard ( Minirnurn)
Exterior Side Yard ( Minirnurn)
Building Height (Maxirnurn)
12.4
GENERAL
PROVISIONS
2.5 rnetres ( 8.2 ft.)
2.5 rnetres ( 8.2 ft.)
7.5 rnetres ( 24.6 ft.)
4.5 metres ( 14.8 ft.)
77
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot building, structure or use within the R1 - Residential First Density Zone.
Where a dwelling which existed at the time of the passing of this by-law is located ona lot in
the R1 Zone, such dwelling and lot shall be deerned to corn ply with all the requirernents of
the Rl Zone.
Where a dwelling which existed at the time of the passing of this by-law is located on a lot in
the R1 Zone, such dwelling
may
be extended, enlarged
or irnproved
provided
the yards
existing at the time of the passing of this by-law are not reduced
in depth and, where any
such yards are greater in depth than the minimum
required by this by-law, such yards may
be reduced
to the minimum
yards
required
by
this
by-law
zind
provided
zilso that
such
dwelling continues to be used in the szime 111,mner and for the s,1111e purpose it was used on
the date of passing of this by-law.
12.5
SPECIAL Rl - RESIDENTIAL
FIRST DENSITY ZONES
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
78
SECTION 13 - R2 - RESIDENTIAL SECOND DENSITY ZONE
13.1
Within a R2 -
Residential
Second
Density Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
13.2
PERMITTED USES
i)
a single detached dwelling,
ii)
a semi-detached dwelling,
iii)
a duplex dwelling,
iv)
a converted dwelling,
v)
a boarding or rooming house,
vi)
a public park,
vii)
an accessory building or use to the above uses,
viii)
a Type ' A' and Type ' B' home occupation, according
to the provisions of Section
5.29 of this By-law,
ix)
a Type ' A' home industry, according to the provisions of Section 5.30 of this By-law.
13.3
ZONE REGULATIONS
a)
b)
For a Single Detached Dwelling
According to the provisions of the Residential First Density Zone of this by-law.
For a Semi-Detached
Dwelling, A Duplex
Dwelling, A Boarding or
Rooming
House and a Converted Dwelling
i)
Lot Area ( Minin, urn)
ii)
iii)
iv)
v)
vi)
vii)
public water and sanitary sewers
public water and private sewage
disposal systern
private water and sewage
disposal system
Lot Frontage ( Minimum)
public water and sanitary sewers
public water and private sewage
disposal system
private water and sewage
disposal systern
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Gross Floor Area ( Minimum)
800 sq. metres ( 8,611.4 sq. ft.)
1,600 sq. metres ( 17,222.8 sq. ft.)
6,000 sq. metres ( 64,585.6 sq. ft.)
21 metres ( 68.9 ft.)
45 metres ( 147.6 ft.)
60 metres ( 196.8 ft.)
10 n,etres ( 32.8 ft.)
1O metres ( 32.8 ft.)
3 metres ( 9.8 ft.)
10 metres ( 32.8 ft.)
180 sq. metres ( 1,937.6 sq. ft.)
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
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c)
d)
79
viii)
Lot Coverage ( Maximum)
30 percent
ix)
Building Height ( Maximum)
11 metres ( 36.1 ft.)
x)
Off-street parking shall be provided in accordance with Section 5.31.
For a Converted
Dwelling
and a Boarding
or Rooming
House
i)
The minimum gross floor area of a one bedroom dwelling unit shall be 42 sq.
metres ( 452.1
sq. ft.) plus an additional
13 sq. metres ( 139.9 sq. ft.) for each
additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1400 sq. metres ( 15,070.0
sq. ft.) (for a converted dwelling).
iii)
No addition or enlargement shall be made to the external walls or roof of the
dwelling.
iv)
No external stairway other than an open fire escape shall be provided.
v)
Such
dwelling
shall
be
certified
by
the
Chief
Building
Official
to
be
structurally suitable for such conversion.
vi)
The 3 metre strip immediately adjacent to any lot line shall be landscaped.
vii)
Off-street parking shall be provided in accordance with Section 5.31.
viii)
The
sewage
disposal
system
shall
be
inspected
and
approved
by the
appropriate authority.
For Accessory
Buildings
Not Attached
to the Principal
Building
According to the Provisions of the RI
Zone.
13. 4
GENERAL
PROVISIONS
All special
provisions of Section
5 " General
Provisions" shall apply , where applicable, to
any land, lot, building, structure or use within the R2 - Residential Second Density Zone.
13. 5
SPECIAL
R2 -
RESIDENTIAL
SECOND
DENSITY
ZONES
13. 5. 1
R2-1 ( Lot 1, Concession
9, Township
of Tyendinaga)
Notwithstanding
any
provisions
of this by-law to the contrary, on
lands zoned
R2-1
and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
single detached dwelling;
ii)
limited sales of ceramics and giftware;
iii)
accessory uses to the above residential uses.
All other provisions of this by-law shall apply.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
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80
13. 5. 2
R2- 2 ( Lot 32, Concession
3, Township
of Tyendinaga)
Notwithstanding
any
provisions
of this
by-law to the contrary, on
lands
zoned
R2-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
ii)
iii)
single detached dwelling;
artisan studio;
accessory uses to the above residential use,
All other provisions of this by-law shall apply,
2 (\
f\vlt
1
rf ,,,1
o1-' ,7
0\D'
ft
1,.-
c,, "'\.
e "
ct \ \
C-.0
Ll S
c/.1.;i.. -_ t k _)
t/
G\.,
13.5.3
R2-3 (Lot 4, Concession 2SR, Township of Tyendinaga)
f<e."Z.olf'\ed
3(A.l~ Ito/ 1-;;i '-
c ~;;,.
B~ Ul¼)
l ';l-- l 7
Notwithstanding
any
provisions
of this by-law to
the contrary, on lands zoned
R2-3 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
a single seasonal dwelling,
All other provisions of this by-law shall apply,
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
81
SECTION 14 - MR - MULTIPLE RESIDENTIAL ZONE
14.1
Within an MR - Multiple Residential Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted in this section
and
also
such
use, building
or
structure
shall
be
in
accordance
with
the
regulations
contained or referred to in this section.
14.2
PERMITTED USES
i)
multiple
dwelling
including
triplex, fourplex, townhouse
and
low-rise
apartment
complex,
ii)
a senior citizen multiple dwelling,
iii)
a converted dwelling,
iv)
a Type ' A' home occupation in accord,rnce with Section 5.29,
v)
a public park,
vi)
an accessory building or use to the above uses.
14.3
ZONE REGULATIONS
a)
For the Principal Building ( Multiple Residential Development will be permitted only
on full public services)
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
Lot Area ( whichever is greater)
a)
Minimum
b)
Minimum Per Dwelling Unit
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum):
8000 sq. metres ( 86,114.1 sq. ft)
800 sq. metres ( 8,611.4 sq. ft.)
60 metres ( 196.9 ft.)
10 metres ( 32.8 ft.)
10 metres ( 3 2 .8 ft.)
a)
to a wall of a building containing
windows to habitable rooms
8 metres ( 26.2 ft.)
3 metres ( 9.8 ft.)
b)
to a wall of a building containing
no windows to habitable rooms
Interior Side Yard ( Minimum)
between dwelling units)
Exterior Side Yard ( Minimum)
Building Height (Maximum)
Lot Coverage ( Maximum)
Dwelling Unit Gross Floor Area
in multiple dwelling) ( Minimum)
Guest Room Area ( Minimum)
in senior citizen multiple dwelling)
Minimum Number of Dwelling
Units in One Principal Building
nil
10 metres ( 32.8 ft.)
7.5 metres ( 24.6 ft.)
30 percent
74.3 sq. metres ( 800 sq. ft.)
23 sq. metres ( 247.6 sq. ft.) for
each room
3 dwelling units
Off-street parking shall be provided in accordance with Section 5.31.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
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b)
For Accessory
Buildings
Not Attached
To The Principal
Building
i)
ii)
iii)
iv)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Building Height (Maximum)
c)
For a Converted
Dwelling
2.5 metres ( 8.2 ft.)
2.5 metres ( 8.2 ft.)
10 metres ( 32.8 ft.)
4.5 metres ( 14.8 ft.)
82
i)
The minimum gross floor area of a one bedroom dwelling unit shall be 42 sq.
metres ( 452.1 sq. ft.) plus an additional
13 sq. metres ( 139.9 sq. ft.) for each
additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1,400 sq. metres ( 15,070.0
sq. ft.).
iii)
No external stairway other than an open fire escape shall be provided.
iv)
Such
dwelling
shall
be
certified
by
the
Chief
Building
Official
to
be
structurally suitable for such conversion.
v)
The
3 metre ( 9.8
ft.) strip
immediately
adjacent
to
any
lot
line
shall
be
landscaped.
vi)
Off-street parking shall be provided in c1ccorclc1nce with Section 5.31.
vii)
The
sewage
disposc1I
system
hc1s
been
inspected
and
approved
by the
appropriate authority.
14. 4
GENERAL
PROVISIONS
All special provisions of Section
5 " General
Provisions" shall apply , where applicable, to
any land, lot, building, structure or use within the MR - Multiple Residential Zone.
14. 5
SPECIAL
MR - MULTIPLE
RESIDENTIAL
ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
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83
SECTION
15 - UC-
URBAN
COMMERCIAL
ZONE
15. 1
Within UC - Urban Commercial Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
15. 2
PERMITTED
USES
i)
a retail store, including a gift shop, craft shop, antique shop and convenience store,
ii)
a service shop including a personal and merchandise service shop,
iii)
a lawn, garden and farm equipment and supplies sales outlet,
iv)
a laundry and/or dry cleaning shop including coin operated establishments,
v)
an eating establishment including a banquet hall, tea room, take-out restaurant and
drive-in restaurant,
vi)
a food market including a butcher shop,
vii)
a tavern,
viii)
a Liquor Control Board or Brewer's Retail Outlet,
ix)
a hotel/motel,
x)
a bank and/or trust company,
xi)
a printing or publishing establishment,
xii)
a business, administrative and/or professional office,
xiii)
a theatre, cinema or other place of entertainment,
xiv)
a taxi depot,
xv)
a commercial
recreational
establishment such as a bowling or billiard establishment
or other similar use,
xvi)
a funeral home,
xvii)
a medical or dental clinic,
xviii)
a bake shop,
xix)
a private or commercial club,
xx)
a bottle return depot,
xxi)
a nursery school,
xxii)
a veterinary clinic,
xxiii)
a public
or private
parking
area, including
parking
facilities
associated
with
the
principal use(s) permitted under this section,
xxiv)
an automobile service station or sales agency,
xxv)
dwelling units in the form. of apartments
as an accessory
use in buildings in which
commercial
uses
are
permitted, except
automobile
service
stations
or other
uses
involving the
sale of gasoline
or other similar petroleum
products, in accordance
with the provisions of Sections 5.19 and 5.20,
xxvi)
an accessory building or use to the above uses.
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
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84
15. 3
ZONE
REGULATIONS
a)
b)
For All
Uses
Except
An Automobile
Service
Station,
Hotel
and
Motel
i)
ii)
iii)
iv)
v)
vi)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
4, 000 sq. metres ( 43, 057. 1 sq. ft.)
45 metres ( 147. 6 ft.)
6 metres ( 19. 7 ft.)
6 metres ( 19. 7 ft.)
3 metres ( 9 .8 ft.)
8 metres ( 26. 2 ft.)
vii)
Lot Coverage ( Maximum)
40 percent
viii)
Building Height (Maximum)
7.5 metres ( 24. 6 ft.)
ix)
Off-street
parking
and
off-street
loading
facilities
shall
be
provided
in
accordance with Sections 5.31
and 5. 32.
x)
Access
to
an
accessory
dwelling
unit shall
be
separate
from
access
to a
commercial use.
For An Automobile
Service
Station
i)
Lot Frontage ( Minimum)
45 metres ( 147. 6 ft.)
ii)
Lot Depth ( Minimum)
45 metres ( 147. 6 ft.)
iii)
Front Yard ( Minimum)
15 metres ( 49. 2 ft.)
iv)
Rear Yard ( Minimum)
7.5 metres ( 24. 6 ft.)
except where the rec1r yard abuts a residential zone, the rear yard shall be a
minimum of 15 metres ( 49. 2 ft.) of which the 4. 5 metres ( 14. 8
ft.) adjacent to
the lot line sh,1II be retained in an open space condition).
v)
Side Yard ( Minimum)
7.5 metres ( 24. 6 ft.)
except where one or both side yards abut a residential
zone, the side yard
shall be a minimum of 15 metres ( 49. 2
ft.) of which the 4. 5 metres ( 14. 8 ft.)
adjacent to the lot line shall be retained in an open space condition).
vi)
A sight triangle of 15 metres ( 49. 2 ft.) minimum shall be provided on a corner
lot.
vii)
Light stands and signs may be located
in any required
minimum
yard at a
minimum distance of 2. 5 metres ( 8.2 ft.) from any street line.
viii)
Fuel pump islands and fuel pumps may be located in any required minimum
yard at a minimum distance of 6 metres ( 19. 7 ft.) from any street line. A sight
triangle is not to be construed to be part of the required
minimum
yard for
the purposes of this paragraph. Where a lot is a corner lot, no po11ion of any
pump island or gasoline pump shall be located closer than 3 rn ( 9.8 ft.) to a
straight line between a point in the front lot line and a point in the exterior
side lot line, each point being distant
15
111 ( 49. 2
ft.) from the intersection of
such lot lines.
ix)
The distance between means of access or ramps shall be 12 metres ( 39. 4 ft.)
and on a corner lot, no ramp may be located within 15 metres ( 49. 2 ft.) of the
intersection of the street lines.
TOWNSHIP
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c)
d)
85
x)
Each ramp shall have a width of 7.5 metres ( 24.6 ft.) and the interior angle
formed between the lot line and the centreline of the ra111p shall be between
seventy ( 70) and ninety (90) degrees.
xi)
No ramp shall be located within 4.5 metres ( 14.8 ft.) of a side lot line.
xii)
Off-street
parking
and
off-street
loading
facilities
shall
be
provided
in
accordance with Sections 5.31 and 5.32.
For Hotels
i)
Gross Guest Room Area (Mini111u111)
23 sq. metres ( 247.6 sq. ft.)
ii)
Lot Frontage ( Minimum):
Notwithstanding
any
other
provision
of this
By-law
to
the
contrary, the
minimum lot frontage for a hotel in the UC Zone shall be:
a)
public water and sanitary sewers
38 metres ( 124.7 ft.)
b)
public water and private sewage
disposal system
45 metres ( 147.6 ft.)
c)
private water supply and private
sewage disposal system
54 metres ( 177.2 ft.)
For Motels
i)
Gross Guest Room Area ( Minimum)
23 sq. metres ( 247. 6 sq. ft.)
ii)
Lot Area ( Minimum):
iii)
iv)
v)
a)
public water and sanitary sewers
930 sq. metres ( 10,010.8 sq. ft.)
b)
public water and private sewage disposal system
2,780 sq. metres ( 29,924.7 sq. ft.) or where a dwelling unit is
located
in
a
portion
of
a
non-residential
building,
an
additional 370 square metres ( 3,982.8 sq. ft.) of lot area shall
be provided.
c)
private water and private sewage disposal system
3,700 square
111etres ( 39,827.8
sq. ft.) or where a dwelling
unit is located
in a portion of a non-residential
building, an
additional 370 square metres ( 3,982.8 sq. ft.) of lot area shall
be provided.
Lot Frontage ( Minimum)
a)
public water and sanitary sewers
b)
public water and private waste
disposal system
c)
private water and private sewage
disposal system
Front Yard Depth ( Minimum)
Exterior Side Yard Width (Mini111u111)
38 metres ( 124.7 ft.)
45 111etres ( 147.6 ft.)
53 metres ( 173.9 ft.)
12 metres ( 39.4 ft.)
12 metres ( 39.4 ft.)
vi)
Interior Side Yard Width ( Minimum):
a)
6
metres (
19.7
ft.) or
where
the
interior
side
lot
line
abuts
a
Residential
zone, the minimum
interior side yard width
shall
be 9
metres ( 29.5 ft.).
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY-LAW
e)
f)
86
vii)
Rear Yard Depth ( Minimum):
a)
7.5
metres ( 24.6 ft.) or where the rear lot line abuts a Residential
zone, the minimum rear yard depth shall be 9 metres ( 29.7 ft.).
viii)
Lot Coverage ( All Buildings) ( Maximum)
25 percent
ix)
Setback from Street Centreline ( Minimum):
x)
xi)
xii)
a)
b)
Provincial Highway
Urban Street
Landscaped Open Space ( Minimum)
Height of Buildings ( Maximum)
Distance Between Buildings:
32 metres ( 104.98 ft.)
13 metres ( 42.7 ft.)
20 percent
7.5 metres ( 24.6 ft.)
Where two or more buildings
are
erected
on the same
lot, the minimum
distance
between
buildings
shall
not
be
less
than
the
minimum
distance
which would be required if each building were on a separate lot and subject
to the minimum yard requirements stated in Section 15.3 e) of the By-law.
For Accessory Buildings Not Attached To The Principal Building
i)
ii)
iii)
iv)
v)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
1.5 metres ( 4.9 ft.)
1.5 metres ( 4.9 ft.)
3
metres ( 9 .8 ft.)
Building Height ( Maximum)
4.5 metres ( 14.8 ft.)
Minimum distance from any other building on the lot shall be 3 metres ( 9.8
ft.) provided that in no case shall , iny overhang, eaves or gutter project into
this required minimum area which shall be clear of any obstruction from the
ground to the sky.
For Lands
Abutting
A Residential
Zone
Notwithstanding the above provisions, where an interior side yard and/or rear yard
abuts a residential zone then such interior side yard shall be a minimum of 5 metres
16.4 ft.) and such rear yard shall be a minimum of 9 metres ( 29.5 ft.). The 1 metre
3.3 ft.) strip immediately
adjacent to the rear and\or interior side lot line shall be
landscaped.
15. 4
GENERAL
PROVISIONS
All speci 91 provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the UC - Urban Commercial Zone.
15. 5
SPECIAL
UC-
URBAN
COMMERCIAL
ZONE
15. 5. 1
UC- 1 ( Lot 3, Plan
41, Village
of Lonsdale,
Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on lands zoned
UC-1
and
shown on the attached schedules, the following special provisions shall apply:
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
87
Permitted Uses
The following shall be the only permitted uses:
i)
bookstore;
ii)
art gallery.
All other provisions of this by-law shall apply.
15. 5. 2
UC- 2 ( Lot 31, Concession
1SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
UC-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
nursery or garden
centre, as defined
in this by-law and
including building supply
sales ( landsec1ping), equipment
rental
and
service
shop, limited
open
storage
of
retail/wholesale
merchandise, shipping of nursery or garden merchandise, business
office, public use;
ii)
tea room;
iii)
a single detached house of the owner-operator or a single dwelling unit in a portion
of a non-residential building for the owner-operator.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONlr\ JG BY-LAW
88
SECTION
16 -
RC-
RURAL
COMMERCIAL
ZONE
16. 1
Within a RC -
Rural Commercial Zone, no person shall use any land, erect, alter, enlarge or
maintain any building or structure for any use other than as permitted in this section and also
such
use, building
or structure
shall
be in accordance
with
the
regulations
contained
or
referred to in this section.
16. 2
PERMITTED
USES
i)
a farm
implernent dealer, including the sale and service of snowmobiles
and lawn
and garden equipment,
ii)
a lawn, garden and agricultural equipment and supplies sales and repair outlet,
iii)
an auction outlet,
iv)
a food market including a butcher shop,
v)
a fe11ilizer mixing and sales establishment,
vi)
a feed and seed mill,
vii)
a greenhouse, nursery or garden centre,
viii)
a veterinary clinic,
ix)
a service shop, including a personal and merchandise service shop,
x)
a fleamarket,
xi)
a diesel, propane and/or natural gas outlet,
xii)
an automobile, mobile home or travel trailer sales and service station,
xiii)
an
automatic
or
coin
operated
car
wash
with
the
sale
of
petroleum
products
incidental thereto,
xiv)
xv)
xvi)
xvii)
xviii)
xix)
xx)
xxi)
xxii)
xxiii)
xxiv)
xxv)
a motel,
an eating establishment, including a banquet hall, tea room, take-out restaurant and
drive-in restaurant,
a tavern,
an establishment for the sale, service, storc1ge or repair of small internal combustion
engines such as snowrnobiles, outboard motors and lawnmowers,
a diesel, propane and liquified natural gas outlet,
a retail and/or wholesale outlet for the storage, display and sale of lumber, building
supplies and other similar new goods or materials,
a motorcycle, boat and machinery sales and service establishment, including the sale
of pa,1s and petroleum products incidental thereto,
a marine/ snowmobile dealer,
an agricultural produce sales outlet,
a retail store including a gift shop, craft store, antique shop and convenience store,
one dwelling or dwelling unit as an accessory
use for the owner or operator of a
principal use to any of the foregoing except automobile service stations or other uses
involving
the sale of gasoline
or other similar petroleum
products, in accordance
with the provisions of Section 5.19,
an accessory building or use to the above uses.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
89
16. 3
ZONE
REGULATIONS
a)
b)
For The
Principal
Building
i)
Lot Area ( Minirnurn)
4,000 sq. rnetres ( 43,057.1 sq. ft.)
ii)
Lot Frontage ( Minirnurn)
45 rnetres ( 147.6 ft.)
iii)
Front Yard ( Minim urn)
8 rnetres ( 26.2 ft.)
iv)
Rear Yard ( Minimum)
8 metres ( 26.2 ft.)
v)
Interior Side Yard ( Minirnurn)
3 metres ( 9.8 ft.)
vi)
Exterior Side Yard ( Minimum)
8 rnetres ( 26.2 ft.)
vii)
Building Height (Maximum)
11 metres ( 36.1 ft.)
viii)
Lot Coverage ( Maxirnum)
40 percent
ix)
Access to an accessory dwelling unit shall be separate from access to a rural
commercial use;
x)
Off-street
parking
and
off-street
loading
facilities
shall
be
provided
in
accordance with Sections 5.31 and 5.32.
For An Automobile
Service
Station
As in the Urban Commercial ( UC) Zone.
c)
For Motels
d)
e)
As in the Urban Commercial ( UC) Zone.
For Accessory
Buildings
Nol
Atlached
To The
Principal
Building
i)
ii)
iii)
iv)
Rear Yard ( Minimum)
Interior Side Yard ( Minirnum)
Exterior Side Yard ( Minirnum)
Building Height (Maxim urn)
1.5 metres ( 4. 9 ft.)
1.5 metres ( 4.9 ft.)
8 rnetres ( 26.2 ft.)
4.5 rnetres ( 14.8 ft.)
For Land
Abutting
A Residential
Zone
or Residential
Use
Notwithstanding the above provisions, where an interior side yard and/or a rear yard
abuts a residential
zone or any existing residential
use, then such interior side yard
shall be a rninirnurn of 5 metres ( 16.4 ft.) and such rear yard shall be a rninirnurn of
10 metres ( 32.8 ft.).
The
1 metre ( 3.3
ft.) strip
imrnediately
adjacent to the rear
and/or interior side lot lines shall be landscaped.
16. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot building, structure or use within the RC - Rural Cornrnercial Zone.
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
90
16. 5
SPECIAL
RC -
RURAL
COMMERCIAL
ZONES
16. 5. 1
RC- 1 ( Lot 4, Concession
5, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to the contrary, on
lands
zoned
RC-1
and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
an exhibit house and meetings rooms;
ii)
related open space uses, including a private park;
iii)
retail sales, including a snack bar for unprepared foods, as an accessory use;
iv)
one business office as an accessory use.
All other provisions of this by-law shall apply.
16. 5. 2
RC- 2 ( Lot
8, Concession
1SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to the contrary, on lands
zoned
RC-2 and
shown on the attached schedules, the following speci,il provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
snowmobile, all terrain vehicle and motorcycle retail outlet;
ii)
single detached dwelling for owner-operator;
iii)
accessory buildings and structures.
All other provisions of this by-law shall apply.
16. 5. 3
RC- 3 ( Lot
18, Concession
3, Township
of Tyendinaga) (
i )
Notwithstanding
any provisions
of this by-law to the contrary, on lands
zoned
RC-3 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
sales and service of trailers, camper trailers and motorhomes;
ii)
sale of camping equipment and accessories;
iii)
sales office for the above.
All other provisions of this by-law shall apply.
TOWNSHIP
OF TYEN0INAGA -
COMPREHENSIVE
ZONING
BY-LAW
91
16. 5. 4
RC- 4 ( Lot 5, Concession
6, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
RC-4 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
satellite entertainment system sales and service;
ii)
camping trailer sales and service;
iii)
camping equipment and supplies sales and service.
All other provisions of this by-law shall apply.
16. 5. 5
RC- 5 ( Lots 20 and
21, Concession
1N R, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
RC-5 and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
Definition - Motor Sport Park
A Motor Sport Park shall mean a park and open space which includes a track(s) for the racing
of motorized vehicles, viewing stands and accessory buildings, for which admission or fees
are charged and at which, training for rnotmizecl vehicle operation as well as sporting events
may occur.
All other provisions of this by-law shall apply.
16. 5. 6
RC- h ( Part
Lot 5, Concession
1NR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands zoned
RC-h and
shown on the attached schedules, the following special provisions shall apply:
Removal of Holding ('h') Symbol
The holding (' h') provision
will
be removed
when
a site plan
agreement, suitable to the
Township, has been completed, which shall include the following, among other matters:
i)
stormwater management plan;
ii)
traffic study and report;
iii)
entrance requirements;
iv)
site plan details.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
92
SECTION
17 - RRC -
RECREATIONAL/
RESORT
COMMERCIAL
17. 1
Within a RRC -
Recreational/ Resort Com111ercial
Zone, no person shall
use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than as permitted in
this
section
and
also
such
use, building
or
structure
shall
be
in
accordance
with
the
regulations contained or referred to in this section.
17. 2
PERMITTED
USES
i)
a marina, including a boat sales and service establishment and the sale of parts and
petroleum products incidental thereto,
ii)
a tent and/or travel trailer park,
iii)
a tourist establishment
including
hotels, lodges, housekeeping
cottages
and
tourist
cabins,
iv)
a gift shop,
v)
an eating establish111ent, including a tea room and take-out restaurant,
vi)
a bed and breakfast establish111ent,
vii)
a convenience retail store,
viii)
a 111iniziture golf course, driving range or other similar recreationally oriented use,
ix)
a public or private park,
x)
one dwelling or dwelling unit as an accessory
use for the owner or operator of a
princip.:1I use, in accordance with the provisions of Section 5.19,
xi)
an accessory building or use to the ,1bove uses.
17. 3
ZONE
REGULATIONS
a)
b)
For All
Principal
Uses
i)
ii)
iii)
iv)
v)
vi)
Lot Area ( Minimu111)
Lot Frontage ( Mini111u111)
Front Yard ( Mini111u111)
Rear Yard ( Minimum)
Interior Side Yard ( Mini111um)
Exterior Side Yard ( Mini111um)
4,000 sq. metres ( 43,057.1 sq. ft.)
45 metres ( 147.6 ft.)
8 metres ( 26.2 ft.)
8 111etres ( 26.2 ft.)
8 metres ( 26.2 ft.)
8 metres ( 26.2 ft.)
vii)
Lot Coverage ( maximum)
40 percent
viii)
Building Height (Maximum)
7.5 metres ( 24.6 ft.)
ix)
Off-street
parking
and
off-street
loading
facilities
shall
be
provided
in
accordance with Sections 5.31 and 5.32.
x)
Access
to
an
accessory
dwelling
unit
shall
be
separate
from
access
to a
commercial use.
xi)
All
111eans of ingress
and
egress
shall
have a 111inimum
width
of 6 metres
19.7 ft.) and in the case of a corner lot, no means of ingress or egress shall
be located within 15 111etres ( 49.2 ft.) of the intersection of the street lines, or,
where a corner is rounded, the points at which the extended streetlines meet.
For Accessory
Buildings
Not Attached
To The
Principal
Building
i)
ii)
Rear Yard ( Mini111u111)
Interior Side Yard ( Minimum)
1.5 111etres ( 4.9 ft.)
1.5 111etres ( 4.9 ft.)
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
c)
d)
e)
iii)
iv)
Exterior Side Yard ( Minimum)
Building Height (Maximum)
8 metres ( 26.2 ft.)
4.5 metres ( 14.8 ft.)
For Lands Abutting
a Residential
Zone or Residential
Use
93
i)
Notwithstanding the above provisions, where a rear yard and/or an interior
side
yard abuts a residential zone or any existing residential
use, then such
interior side yard shall be a minimum of 5 metres ( 16.4 ft.) and such rear yard
shall. be
a minimum
of
10
metres ( 32.8
ft.).
The
3 metre ( 9.8
ft.) strip
irnmediately
adjacent
to
the
rear
and/or
interior
side
lot
lines
shall
be
landscaped.
ii)
Water oriented cornmercial
uses such as marinas or docks shall be located a
rninirnum of 60 rnetres ( 196.9 ft.) from the nearest residential zone or use.
Additional
Zone
Regulations
for A Marina
Notwithstanding the above provisions, a marina use shall be subject to the following
special provisions in addition to all other applicable provisions of this By-law:
i)
Where a rear yard
and
interior side yard
abuts a navigable body of water,
then such rear yard and/or interior side yard may be reduced to zero metres.
ii)
No entrance
channel, turning
b;cisin, clock
or boat
mooring
area
shall
be
located closer than 60 metres ( 196.9 ft.) to a residentic1I
zone, a residential
use or a street line.
iii)
Facilities for the refuelling of marine craft shall be provided at
zi sepc1ra1e pier
or dock area from boat mooring fc1cilities.
iv)
Catwalks shall have a minirnurn width of .6 metres ( 2
ft.) and boat mooring
docks shall have a minimum width of 1.2 melres ( 3.9 ft.).
v)
A rninimurn of one parking space shall be provided for every lwo boat slips.
Additional
Zone
Regulations
For A Tent and/ or Travel
Trailer
Park
Notwithstanding
the above provisions, a tent and/or travel trailer park
use shall be
subject
to
the
following
special
provisions
in
addition
to
all
other
applicable
provisions of this By-law:
i)
Lot Area ( Minimum)
4.0 hectares ( 9.9 acres)
ii)
The minimum distance of buildings or structures or a tent or travel trailer site
from any lot line shall be 15 metres ( 49.2 ft.).
iii)
The minimum distance of buildings or structures or a tent or travel trailer site
from the centre of road allowance shall be 25 metres ( 82.0 ft.).
iv)
Travel Trailer Park Density
30 trailers per
Maximum)
gross hectare to a maximum of
50 sites
v)
Travel Trailer Site Area
200 sq. metres ( 2,142.8 sq. ft.)
Minimum)
vi)
vii)
Travel Trailer Site Frontage
Minimum)
Building Height (Maximum)
6 metres ( 19.7 ft.)
4.5 metres ( 14.8 ft.)
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
f)
viii)
ix)
Maximum Number of Travel
Trailers on a Travel Trailer
Site
Travel Trailer Park
Usable Waterfront ( Minimum)
94
1 travel trailer
2 111/site ( 6.68 ft./site)
x)
Lot Coverage ( Maximum)
25
percent
xi)
No campsite, building
or structure
except
a marine
facility
for
launching
and/or servicing
of boats
or a water pump
house
is
permitted
within
30
metres ( 98.4 ft.) of the high water mark of any water body.
xii)
The creation of a new tent and trailer park or the expansion
of an existing
park shall require an amendment to this by-law.
Additional
Zone
Regulations
For
Hotels,
Lodges,
Housekeeping
Cottages
and
Tourist
Cabins
Notwithstanding
the
above
provIsIons, hotels, housekeeping
cottages
and
tourist
cabins
shall
be subject to the following
special
provisions
in addition to all other
applicable provisions of this By-law.
i)
ii)
Lot Area ( Minimum)
Maximum Density
2.0 hectares ( 4.9 acres)
1
unit/4,000
sq. metres
43,057. 1
sq.
ft.)
to ,
1
maximum of 50 units
iii)
No campsite, building
or
structure
except
a marine
facility
for
launching
and/or servicing
of boats
or a water
pump
house
is
permitted
within
30
metres ( 98.4 ft.) of the highwater mark of any water body.
17. 4
GENERAL
PROVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where applic;:1ble,
to any land lot, building, structure or use within the RRC -
Recreational/ Resort Commercial
Zone.
17. 5
SPECIAL
RRC -
RECREATIONAL/
RESORT
COMMERCIAL
ZONES
17. 5. 1
RRC- 1 ( Lot 35, Concession
A, Township
of Tyendinaga)
Notwithstanding any provisions of this by-law to the contrary, on lands zoned RRC-1 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
tourist establishment.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
95
SECTION 18 - UI - URBAN INDUSTRIAL ZONE
18.1
Within a UI - Urban Industrial Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure for any use other than as permitted in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
18.2
PERMITTED USES
i)
a manufacturing, processing, or warehousing undertaking including storage and self-
storage warehousing,
ii)
an automobile body shop,
iii)
a yard for the open or concealed storage of goods or materials,
iv)
a machine or welding shop,
v)
an automobile service station,
vi)
a research facility,
vii)
a merchandise service shop,
viii)
a transpo11 terminal or yard,
ix)
any business, administrative or professional offices accessory to a permitted industrial
use, including a union hall,
x)
a builder's supply outlet, including a lumber yard,
xi)
an accessory dwelling unit for a cc1retaker or security gu,1rd, in accordance with the
provisions of Section 5.19,
xii)
an
accessory
building
or
use
to the above
uses
including
a retail
outlet
for
the
purpose of selling goods
manufactured, stored
and/or assembled
on the premises,
provided
such outlet is part of the principal
building, and occupies not more than
five (5) percent of the gross floor area of the principal building.
18.3
ZONE REGULATIONS
a)
For All Principal
Buildings
or Uses
i)
ii)
iii)
iv)
v)
vi)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
4,000 sq. metres ( 43,057.1 sq. ft.)
45 metres ( 147.6 ft.)
8 metres ( 26.2 ft.)
8 metres ( 26.2 ft.)
3 metres ( 9 .8 ft.)
8 metres ( 26.2 ft.)
vii)
Lot Coverage ( Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres ( 49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section 5.31.
x)
Off-street
loading
facilities
shall
be
provided
in
accordance
with
Section
5.32.
xi)
A sight triangle of 15 metres ( 49.2 ft.) minimum shall be provided on a corner
lot.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
b)
c)
d)
For Accessory
Buildings
Not Attached
To The Principal
Building
i)
ii)
iii)
iv)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Building Height (Maximum)
1.5 metres ( 4.9 ft.)
1.5 metres ( 4.9 ft.)
8 metres ( 26.2 ft.)
4.5 metres ( 14.8 ft.)
For Lands
Abutting
A Residential
Zone
or Residential
Use
96
Notwithstanding the provisions of this section, where an interior side yard and/or rear
yard abuts a residential zone then such interior side yard and/or rear yard shall be a
minimum of 22 metres ( 72.2 ft.). This 22 metre ( 72.2 ft.) area shall be maintained in
an open
space condition
and the open storage of goods or materials
shall
not be
permitted within this 22 metre ( 72.2 ft.) area.
For
Lands
Abutting
a Public
or
Private
Road
Allowance
or Opposite
a Residential
Zone
Where any lot line in an UI Zone abuts a public road allowance or a private road
allowance or where the lot on the opposite side of a street or a public or private road
allowance
is in a residential
zone, a buffer planting strip adjoining such abutting lot
line shall be provided on the UI Zone lot.
Contents
The buffer/planting strip shall consist of an earth berm and/or a continuous unpierced
hedgerow of tree, evergreens or shrubs, not less than 2.0 rnetres ( 6.6 ft.) high and 3
metres ( 9.8
ft.) wide
immediately
adjoining
the
lot line
or portion
thereof along
which such planting strip is required.
The earth berm shall not be greater than a 3:1
slope.
Maintenance
A buffer/planting strip shall
be planted, nurtured
and maintained
by the owner or
owners of the lot on which the strip is located.
Landscaped Open Space
A
buffer/planting
strip
referred
to
in
this
subsection
may
form
a
par1
of
any
landscaped open space required by this By-law.
Interruption for Driveways or Pedestrian Walks
In
all
cases
where
ingress
and
egress
driveways
or
walks
extend
through
a
buffer/planting strip or it shall
be permissible to interrupt the strip within
3 metres
9.8 ft.) of the edge of such driveway or within 1.5 metres ( 4.9 ft.) of the edge of such
walk.
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY-LAW
97
18. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the UI - Urban Industrial Zone.
18. 5
SPECIAL
UI -
URBAN
INDUSTRIAL
ZONES
18. 5. 1
Ul- 1 ( Lot 6, Concession
2SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on lands zoned
Ul-1
and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i}
automobile body shop;
ii}
single detached dwelling as an accessory residential
use for the owner-operator of the
body shop.
All other provisions of this by-law shall apply.
18.5.2
Ul-2 (Lot 16, Concession 3, Township of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to
the contrary, on
lands zoned
Ul-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
fireball;
ii}
municipal maintenance yard.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
98
SECTION
19 - RI -
RURAL
INDUSTRIAL
ZONE
19. 1
Within a RI - Rural Industrial Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in this section and also
such
use, building
or structure
shall
be in accordance
with
the
regulations
contained
or
referred to in this section.
19. 2
PERMITTED
USES
i)
a cartage or express truck terminal,
ii)
a cheese factory,
iii)
a yard for the open or concealed storage of goods or materials,
iv)
a fuel storage tank depot, including bulk fuel sales,
v)
an agricultural equipment supply and repair outlet,
vi)
a woodworking shop/showroom,
vii)
a contractor' s yard,
viii)
a canning factory,
ix)
a bulk storage yard,
x)
an automobile service station, including an automobile body shop,
xi)
a lumber mill, sawmill and a planing mill, dry kiln, chipper, repair depot,
xii)
a feed and seed mill,
xiii)
a merchandise service shop,
xiv)
a machine or welding shop,
xv)
an assembly operation,
xvi)
a retail and/or wholesale building supply outlet, including a lumber yard,
xvii)
a factory outlet,
xviii)
a manufacturing, processing or w,irehousing undertaking including storage and self-
storage warehousing,
xix)
an abattoir,
xx)
an
accessory
dwelling
or
dwelling
unit
for
a
caretaker
or
security
guard,
in
accordance with the provisions of Section 5.19,
xxi)
an accessory building or use to the above uses including a bank, a cafeteria and a
retail outlet for the purpose of selling goods manufactured, stored and/or assembled
on the premises, provided such outlet is part of the principal building, and occupies
not more than five (5) percent of the gross floor area of the principal building.
19. 3
ZONE
REGULATIONS
a)
For All Principal
Buildings or Uses
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
Lot Coverage ( Maximum)
Building Height (Maximum)
4,000 sq. metres ( 43,057.1 sq. ft.)
45 metres ( 147.6 ft.)
8 metres ( 26.2 ft.)
8 metres ( 26.2 ft.)
3 metres ( 9.8 ft.)
8 metres ( 26.2 ft.)
40 percent
15 metres ( 49.2 ft.)
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
b)
99
ix)
Off-street parking shall be provided in accordance with Section 5.31.
x)
Off-street
loading
facilities
shall
be
provided
in
accordance
with
Section
5.32.
xi)
A sight triangle of 15 metres ( 49.2 ft.) minimum shall be provided on a corner
lot.
xii)
Open Storage uses shall be set back in accordance with the minimum yard
provisions set out in this subsection and where accessory to a principal Rural
Industrial use, no open storage use shall be permitted in any front or exterior
side yard.
For Lands Abutting
A Residential
Zone or A Residential
Use
As in the Urban Industrial Zone.
c)
For
Lands
Abutting
A Public
or
Private
Road
Allowance
or Opposite
a Residential
Zone
As in the Urban Industrial Zone.
19. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the RI - Rural Industrial Zone.
19. 5
SPECIAL
RI -
RURAL
INDUSTRIAL
ZONES
19. 5. 1
Rl- 1-h ( Part
Lot 2, Concession
2, Township
of Tyendinaga)
Notwithstanding
any provisions of this by-law to the contrary, on lands zoned
Rl-1-h and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
uses shall be restricted
to dry industrial
uses only ( uses which do not require water
for industrial processing purposes).
Removal of Holding ('h') Symbol
The holding (' h') provision
will
be removed
when
a site plan agreement, suitable to the
Township, has been completed.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
100
19.5.2
Rl-2 (Lot 10, Concession 1NR, Township of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
Rl-2 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
storage and staging of vehicles, equipment and materials incidental
to a contracting
business.
All other provisions of this by-law shall apply.
19. 5. 3
R1- 3 ( Lot 6, Concession
1SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to the contrary, on
lands zoned
R1-3 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
a saw and planer mill.
All other provisions of this by-law shall apply.
19.5.4
R1-4 (Lot 1, Concession 2, Township of Tyendinaga)
Notwithstanding
any provisions
of this by-law
to the contrary, on
lands
zoned
R1-4 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
a septic service;
ii)
single detached dwelling of the owner-operator and garage;
iii)
a workshop and office;
iv)
accessory uses.
All other provisions of this by-law shall apply.
19. 5. 5
R1- 5 ( Lot
18, Concession
2, Township
of Tyendinaga)
Notwithstanding
any provisions of this by-law to the contrary, on
lands
zoned
R1-5 and
shown on the attached schedules, the following special provisions shall apply:
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
101
Permitted Uses
The following shall be the only permitted uses:
i)
a toilet rental operation;
ii)
open storage for the above;
iii)
single detached dwelling of the owner-operator.
All other provisions of this by-law shall apply.
19. 5. 6
R1- 6 ( Lot
11, Concession
1SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
Rl-6 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
single detached dwelling;
ii)
commercial parking and storage garage;
iii)
parking lot for four commercial vehicles, one backhoe and one flatbed trailer;
iv)
one barn for a maximum of 12 horses.
All other provisions of this by-law shall apply.
19. 5. 7
Rl- 7 ( Lot 34, Concession
1SR, Township
of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
R1-7 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
automobile repair garage.
All other provisions of this by-law shall apply.
19. 5. 8
R1- 8 ( Lot
11, Concession
3, Township
of Tyendinaga)
Notwithstanding
any provisions
of th is by-law to the contrary, on
lands zoned
R1-8 and
shown on the attached schedules, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i)
single detached dwelling;
ii)
industrial woodworking shop.
All other provisions of this by-law shall apply.
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYEN0INAGA -
COMPREHENSIVE
ZONING
BY-LAW
102
SECTION
20 - MX - MINERAL
EXTRACTIVE
ZONE
20. 1
Within a MX -
Mineral
Extractive Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted
in this section
and
also
such
use, building
or
structure
shall
be
in
accordance
with
the
regulations
contained or referred to in this section.
20. 2
PERMITTED
USES
iii)
a pit or quarry, including drilling and blasting, as licenced,
iv)
open space, conservation, forest,y and agricultural uses,
v)
the processing
of mineral
aggregates, including
aggregate
crushing, screening
and
washing, as licenced,
vi)
asphalt plants, ready-mix concrete plants and aggregate transfer stations,
vii)
a single detached dwelling accessory to an extractive use,
viii)
accessory buildings or uses to the above uses,
ix)
a wayside pit or quarry.
20. 3
ZONE
REGULATIONS
a)
For Excavation
Area and Storage
Uses
i)
ii)
iii)
iv)
v)
Setback from rear and interior
side lot lines ( Minimum)
Setback from front and exterior
side lot lines ( Minimum)
Setback from residential,
commercial, community facility
or industrial zone or use ( Minimum)
Setback from any road
right-of-way ( Minimum)
Setback from natural water course
30 metres ( 98 .4 ft.)
30 metres ( 98.4 ft.)
30 metres ( 98.4 ft.)
30 metres ( 98.4 ft.)
30 metres ( 98.4 ft.)
b)
For Open
and
Enclosed
Pit or Quarry
Processing
Operations
i)
ii)
iii)
iv)
v)
Setback from rear and interior
side lot lines ( Minimum)
Setback from front and exterior
side lot lines ( Minimum)
Setback from residential,
commercial, community facility or
industrial zone or use ( Minimum)
Setback from any road
right-of-way ( Minimum)
Setback from natural watercourse
30 metres ( 98.4 ft.)
30 metres ( 98 .4 ft.)
90 metres ( 295.3 ft.)
30 metres ( 98.4 ft.)
30 metres ( 98.4 ft.)
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
c)
d)
e)
f)
For Accessory
Buildings to Pit or Quarry Operations
i)
ii)
iii)
All yards ( Minimum)
Setback from residential,
commercial, community facility or
industrial zone or use ( Minimum)
Setback from any road
right-of-way ( Minimum)
For Conservation,
Forestry
and Agricultural
Uses
30 metres ( 98.4 ft.)
90 metres ( 295.3 ft.)
30 metres ( 98.4 ft.)
103
i)
The zone regulations contained
in the Marginal Agriculture Zone of this By-
law shall apply.
For Open Space Uses
i)
The zone regulations contained
in the Open Space Zone of this By-law shall
apply.
landscaping
i)
A strip of land not less than 15 metres ( 49.2 ft.) in width shall be reserved for
landscaping purposes between any MX zone and any adjacent commercial,
community facility or industrial zone or use and along any adjacent streetline
or lot line.
Where an MX zone abuts a residential zone, or a roadway is the
only
separation
between two such
areas, then
no aggregate extraction
use
shall be made of any kind within 30 metres ( 98.4 ft.) of the abutting lot line
and no parking use shall be made of c1ny land within
7.5 metres ( 24.6 ft.) of
the abutting lot line.
The intervening
land shall be kept in an open space
condition
with
grass, trees and
shrubs
and
retained
as part of the normal
operation of the extraction activity.
20.4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply where applicable to any
land, lot, building, structure, or use within the MX - Mineral Extractive Zone.
20.5
SPECIAL MX - MINERAL EXTRACTIVE
ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENOINAGA -
COMPREHENSIVE
ZONING
BY- LAW
104
SECTION 21 - M - MINING ZONE
21.1
Within
a M -
Mining
Zone, no person
shall
use
any
land, erect, alter, enlarge, use or
maintain any building or structure of any use other than as permitted in this section and also
such
use, building
or structure
shall
be in accordance
with
the regulations
contained
or
referred to in this section.
21.2
PERMITTED USES
i)
a mine that is approved and operated in accordance with the Mining Act.
21.3
ZONE REGULATIONS
The zone regulations
for a mine will be determined
through
a site specific zoning by-law
amendment
process
ai"1d will
address, among
other
things, setbacks
from
water, access,
buffering, conservation of natural environment and setbacks from neighbouring land uses.
21.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply where Jpplicable, to any
land, lot, building, structure or use within the M - Mining Zone.
21.5
SPECIAL M - MINING ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
105
SECTION
22 - WO -
WASTE
DISPOSAL
ZONE
22. 1
Within a WO - Waste Disposal Zone, no person shall use any land, erect, alter, enlarge, use
or maintain any building or structure of any use other than as permitted
in this section and
also such use, building or structure shall be in accordance with the regulations contained or
referred to in this section.
22. 2
PERMITTED
USES
i)
a sanitary landfill site,
ii)
a sewage treatment plant,
iii)
a sewage lagoon,
iv)
a waste transfer station,
v)
a
waste
processing
facility
including
the
recycling
and
reprocessing
of
waste
materials into new products,
vi)
a salvage yard,
vii)
agricultural, open space, conservation and forestry uses, excluding dwellings,
viii)
accessory buildings or uses to the above uses.
22. 3
ZONE
REGULATIONS
a)
b)
c)
For Agricultural,
Conservation
and
Forestry
Uses
i)
The zone regulations of the Marginal
Agriculture
Zone of this By-law
sh<1II
apply.
For Open
Space
Uses
i)
The zone regulations of the Open Space Zone of this By-law shall apply.
For a Salvage
Yard
i)
ii)
iii)
iv)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Yard Requirements:
2 ha ( 4.9 acres)
60 metres ( 196.6 ft.)
a)
All yards ( Minimum)
15 metres ( 49.2 ft.)
A strip of land not less than 15 metres ( 49.2 ft.) in width shall be reserved for
landscaping
purposes
between
any
salvage
yard
site
and
any
adjacent
community
facility, commercial
or industrial
zone or
use, and
along any
adjacent street line or adjoining lot line.
Where a salvage yard site abuts a
residential zone or use or a roadway is the only separation between two such
areas, then no salvage yard
use of any kind shall be made within 30 metres
98.4 ft.) of the adjacent lot line. The land reserved for landscaping purposes
shall
be kept in an open space condition
with grass, trees and shrubs and
maintained as part of the normal operation of the salvage yard activity.
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
d)
106
v)
No land shall
be used for the storage or rnechanized
processing of goods,
wares, merchandise, articles or things within
300
metres ( 984.3
ft.) of any
residential or commercial zone or use, nor closer than 100 metres ( 328. l ft.)
to a lot line or a street line. Without limiting the generality of this subsection,
mechanized processing includes the use of machinery or equipment to crush,
compact,
separate,
refine,
incinerate
or
similarly
treat
goods,
wares,
merchandise, articles or things.
vi)
The salvage yard site shall be sufficiently screened
by a fence, a berm or a
combination of the two so that waste rnaterials being stored or processed on
the site are not visible frorn
adjacent
roads.
The screening
shall extend
a
minimurn of 3 metres ( 9.8 ft.) above grade or to a height equal to that of the
goods, wares, merchandise,
articles
or
things
being
stored
or
processed
within the salvage yard
site, whichever
is the greater.
All fences
shall
be
constructed
of
an
opaque
rnaterial
and
shall
be
painted
or
otherwise
preserved and kept painted from time to time, so as to rnaintain the fences in
good condition.
vii)
An
accessory
weighing
scale
and
recording
office
shall
be
permitted
no
closer than 30 rnetres ( 98.4 ft.) to a street line.
viii)
A salvage yard site shall not be located on land covered by water or subject
to
flooding
and
shall
be
so
located
that
no
direct
dr,iinage
leads
to
a
watercourse.
ix)
No open burning shall be pcrrnitted.
x)
No storage of tires shall be permitted.
xi)
Prior to the storage or processing of any goods, wares, merchandise, articles
or things all fluids shall be drained and disposed of in a manner approved by
the Ministry of the Environment
if they are not stored
for the purposes of
resale.
For All Other Waste Disposal
Uses
i)
No
person, including
the
municipality,
shall
establish,
alter, enlarge
or
extend
a sanitary landfill site, a sewage treatment plant, a sewage lagoon, a
transfer station, or a waste processing facility unless a Provincial Certificate of
Approval has been issued by the Ministry of the Environment.
ii)
All waste disposal sites shall be established and operated in accordance with
the requirements of the Erwironrnental
Protection Act and the Environmental
Assessment Act.
iii)
A strip of land not less than 15 metres ( 49.2 ft.) in width shall be reserved for
landscaping
purposes
between
any
sanitary
landfill
site, sewage
treatment
plant, sewage
lagoon, transfer station or waste
processing
facility
and
any
adjacent cornmercial, community facility or industrial zone or use and along
any
adjacent
street
line
or adjoining
lot
line.
Whefe
such
uses
abut
a
residential
zone
or
an
existing
residential
use
or a roadway
is
the
only
separation between two such areas, then no waste disposal use shall be made
of any kind within
30 rnetres ( 98.4
ft.) of the abutting
lot line.
The land
reserved for landscaping purposes shall be kept in an open space condition
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
107
with grass, trees, and shrubs and maintained
as part of the normal operation
of the waste disposal activity.
22.4
GENERAL
PROVISIONS
All special provisions of Section 5 " General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the WD - Waste Disposal Zone.
22.5
SPECIAL WO - WASTE DISPOSAL ZONES
Additional " Special Zones., &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
108
SECTION 23 - CF - COMMUNITY FACILITY ZONE
23.1
Within an CF - Community Facility Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure for any use other than as permitted
in this section
and
also
such
use, building
or
structure
shall
be
in
accordance
with
the
regulations
contained or referred to in this section.
23.2
PERMITTED USES
i)
any
undertaking
established
or
maintained
by
a governmental
board, authority,
agency or commission,
ii)
a place of worship, with accessory uses including a cemetery and a dwelling unit,
iii)
a cemetery,
iv)
any undertaking of a utility company, such as a natural
gas company or telephone
company,
v)
a school,
vi)
a commercial or private club or fraternal arena lodge,
vii)
a public or private hospital;
viii)
a community centre,
ix)
a nursing home or extended care facility,
x)
a nursery school,
xi)
a library,
xii)
an elderly person's centre,
xiii)
a public park,
xiv)
any other institutional or community facility use,
xv)
charitable camp,
xvi)
museum or a,1 gallery,
xvii)
an accessory building or use to the above uses.
23.3
ZONE REGULATIONS
a)
b)
For All Principal Buildings
i)
ii)
iii)
iv)
v)
vi)
Lot Area ( Minimum)
Lot Frontage ( Minimum)
Front Yard ( Minimum)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
Exterior Side Yard ( Minimum)
4,000 sq. metres ( 43,057.1 sq. ft.)
45 metres ( 147.6 ft.)
10 metres ( 32.8 ft.)
10 metres ( 32.8 ft.)
7.5 metres ( 24.6 ft.)
10 metres ( 32.8 ft.)
vii)
Lot Coverage ( Maximum)
40 percent
viii)
Building Height (Maximum)
15 metres ( 49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section 5.31.
For Accessory Buildings Not Attached To The Principal Building
i)
ii)
Rear Yard ( Minimum)
Interior Side Yard ( Minimum)
1.5 metres ( 4.9 ft.)
1.5 metres ( 4.9 ft.)
TOWNSHIP
OF TYENOINAGA-
COMPREHENSIVE
ZONING
BY-LAW
c)
iii)
iv)
Exterior Side Yard ( Minimum)
Building- Height (Maximum)
10 metres ( 3 2 .8 ft.)
4.5 metres ( 14.8 ft.)
For Lands Abutting
A Residential
Zone or Residential
Use
109
Notwithstanding
the above provisions, where a rear yard
and/or interior side yard
abuts a residential zone or existing residential
use then such interior side yard shall
be a minimum of 10 metres ( 32.8 ft.) and such rear yard shall be a minimum of 15
metres ( 49.2 ft.).
The
1 metre ( 3.3 ft.) strip immediately adjacent to the rear yard
and/or interior side yard shall be landscaped.
23. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the CF - Community Facility Zone.
23. 5
SPECIAL
CF - COMMUNITY
FACILITY
ZONES
23.5.1
CF-1 ( Lot 10, Concession 2, Township of Tyendinaga)
Notwithstanding
any provisions
of this by-law to the contrary, on
lands
zoned
CF-1
and
shown on the attached schedules, the following special provisions shall apply:
Zone Provisions
Light
standards
and
backstops
and
fences
of
any
height, accessory
buildings
such
as
canteens, change rooms, washrooms and other recreational facilities and equipment shall be
permitted
in
any
required
yard
or in
the area
between
the
street
line
and
the
required
setback, within the parcel of land being rezoned in this by-law.
All other provisions of this by-law shall apply.
Additional .. Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
110
SECTION
24 - GH -
GROUP
HOME
ZONE
24. 1
Within a GH - Group Home Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure of any use other than as permitted in this section and also
such
use, building
or structure
shall
be in accordance
with
the
regulations
contained
or
referred to in this section.
24. 2
PERMITTED
USES
i)
a group home that is licenced by the Ministry of Community and Social Services.
24. 3
ZONE
REGULATIONS
a)
For All Principal
Buildings
b)
i)
Occupancy:
A group home shall occupy the whole of the residential dwelling.
ii)
Floor Area ( Minimum) ( including staff and/or receiving family):
18 square rnetres ( 193. 8 sq. ft.) of gross floor area per adult resident;
9 square metres ( 96. 9 sq. ft.) of gross floor area per child resident.
iii)
Rear Yard Amenity Area ( Minimum):
14
square
metres ( 150. 7
sq. ft.) for
each
group
home
resident,
exclusive of staff or receiving family, and not less than a total of 100
square metres ( 1, 076. 4 sq. ft.) for each group home.
iv)
Separation Distance ( Minimum):
500 metres ( 1, 640. 4 ft.) frorn any other group home.
v)
Parking
In
addition
to
the
minimurn
parking
requirements
of
Section
5. 31,
one
additional parking space shall be provided for each attendant or staff member
who resides outside of the group home.
For Accessory
Buildings
Not Attached
to the Principal
Building
i)
An accessory building shall comply with the accessory building requirements
of the appropriate residential zone for the dwelling type being occupied.
24. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the GH - Group Horne Zone.
24. 5
SPECIAL
GH -
GROUP
HOME
ZONES
Additional " Special Zones" &
Accompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY- LAW
111
SECTION
25 - OS - OPEN SPACE ZONE
25.1
Within an OS - Open Space Zone, no person shall use any land, erect, alter, enlarge, use or
maintain any building or structure for any use other than as permitted in this section and also
such
use, building
or structure
shall
be in accordance
with
the regulations
contained
or
referred to in this section.
25.2
PERMITTED
USES
i)
open
space
and
conservation
uses,
including
forestry,
reforestation
and
other
activities connected with the conservation of soil and wildlife,
ii)
agricultural uses but not intensive agricultural uses,
iii)
a fairground,
iv)
a woodlot,
v)
a public or private park, conservation
area, playground, roadside park, public boat
launch or swimming or picnicking
area, pl,1ying field, recreational
trail, swimming
pool, wading pool, beach, picnic area, bandstand, skating rink, tennis court, bowling
green, golf course or other similar outdoor recreational uses, both passive and active,
vi)
an
accessory
dwelling
or
dwelling
unit
for
a
caretc1ker
or
security
guard,
in
accordance with the provisions of Section 5.19 of this By-law,
vii)
c1n accessory building or use to the , ibove uses, including , 111 accessory commercial
building or use to serve an open space use.
25.3
ZONE REGULATIONS
a)
For All Uses
i)
The minimum distc1nce of buildings or structure from any lot line shc1II be 10
metres ( 32.8 ft.).
ii)
The minimum distance of buildings or structures
from the centre line of any
roc1d shall be 30 metres ( 98.4 ft.).
iii)
iv)
Building Height (Maximum)
Lot coverage ( Maxim urn)
6 metres ( 19.7 ft.).
50 percent
25.4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure or use within the OS - Open Space Zone.
25.5
SPECIAL OS - OPEN SPACE ZONES
Additional " Special Zones" & -
Acf;ompanying By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA -
COMPREHENSIVE
ZONING
BY-LAW
112
SECTION
26 -
EPW -
ENVIRONMENTAL
PROTECTION
WETLAND
ZONE
26. 1
Within
an EPW -
Environmental
Protection Wetland
Zone, no person
shall
use any land,
erect, alter, enlarge, use or maintain
any building or structure for any
use other than
as
permitted in this section and also such use, building or structure shall be in accordance with
the regulations contained or referred to in this section.
26. 2
PERMITTED
USES
i)
a conservation use excluding any buildings,
ii)
a use that was in existence on or before the date of passage of the Official Plan,
iii)
a building or structure required by a public authority for flood or erosion control or
for conservation or wildlife management purposes,
iv)
an accessory use to the above uses, excluding any buildings,
v)
hunting, but not hunt camps,
vi)
fishing.
26.3
ZONE REGULATIONS ( See also Sections 5.7 and 5.9)
i)
The minimum setback from wetlands shall be 30 metres ( 98.4 ft.).
ii)
Additional
zone regul,1tions sh,ill be established
by the municipality
c1t the time of
application
in
consultation
with
the
Conservation
Authority
and
the
Ministry
of
Natural Resources.
iii)
All applications
for development adjacent to EPW lands ( c1nd beyond the rninimulll
30 metres ( 98.4 ft.) setback but within 120 metres ( 393.7 ft.) of the wetland) sh,1II be
dealt with on , 1 site-by-site basis, at the
ti111e of application ( see Sections 5.9.2 , rnd
5.9.5).
26. 4
GENERAL
PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any
land, lot, building, structure
or
use within
the
EPW -
Environmental
Protection
Wetland
Zone.
26. 5
SPECIAL
EPW -
ENVIRONMENTAL
PROTECTION
WETLAND
ZONES
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY- LAW
V
113
SECTION
27 -
EP -
ENVIRONMENTAL
PROTECTION
ZONE
27. 1
Within an
EP -
Environmental
Protection
Zone, no person shall
use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in this
section and also such use, building or structure shall be in accordance with the regulations
contained or referred to in this section.
27. 2
PERMITTED
USES
i)
conservation
uses, including
forestry, reforestation
and
other
activities
connected
with the conservation of soil and wildlife,
ii)
agricultural uses,
iii)
a conservation area, excluding any buildings,
iv)
a use that was in existence on or before the date of passage of this by-law,
v)
a building or structure required by a public authority for flood or erosion control or
for conservation or wildlife management purposes,
vi)
passive outdoor recreational uses,
vii)
public and private parks, excluding any buildings,
viii)
an accessory use to the above uses, excluding any buildings, subject to the approval
of Council
in
consultation
with
the
Conservation
Authority
and
the
Ministry
of
Natural Resources.
27. 3
ZONE
REGULATIONS (
See also
Sections
5. 7 and
5. 9)
i)
The minimum setback of buildings or structures from any lot line shall be 10 metres
32.8 ft.) ..
ii)
The minimum setback of buildings or structures for the centreline of any road shall
be 20 metres ( 65.6 ft.).
iii)
The minimum
setback from the highwater
111ark of any lake, river, creek or stream
shall be 30 metres ( 98.4 ft.).
iv)
The minimum setback of buildings from other Environmental
Protection lands ( not in
iii) shall be 15 metres ( 49.2 ft.).
v)
Building Height (Maximum)
6 metres ( 19.7 ft.)
27. 4
GENERAL
PROVISIONS
All special provisions of Section 5 General Provisions shall apply, where applicable, to any
land, lot, building, structure or use within the EP - Environmental Protection Zone.
27. 5
SPECIAL
EP -
ENVIRONMENTAL
PROTECTION
ZONES
Additional " Special Zones" &
Accompanying
By-laws
located at back of binder
TOWNSHIP
OF TYENDINAGA-
COMPREHENSIVE
ZONING
BY-LAW
APPENDIX 1
MINIMUM DISTANCE SEPARATION 1 (MOS I)