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1
THE CORPORATION
OF THE
TOWN OF WASAGA BEACH
COMPREHENSIVE
ZONING BY-LAW 2003-60
OFFICE CONSOLIDATION
NOTE: This is an Office Consolidation. For an accurate
reference, contact the Planning Department for the Municipality.
An original copy of 2003-60 is lodged with the Planning
Department and available upon request.
OFFICE CONSOLIDATION JUNE 2025
120 Glenwood Drive
Wasaga Beach, ON
L9Z 2N6
705-429-3844
INDEX
CORPORATION OF THE TOWN OF WASAGA BEACH BY-LAW NUMBER 2003-60 ..... 18
SECTION 1 - TITLE, APPLICATION, SCOPE AND INTERPRETATION ................................ 17
1.2
Application Of The By-Law
1.3
Scope And Effect
1.4
Zones And Schedules
1.5
Interpretation
SECTION 2 - ADMINISTRATION AND ENFORCEMENT ....................................................... 20
2.2
Compliance With Other Restrictions
2.3
Building And Other Permits
2.4
Inspection
2.5
Violation And Penalties
2.6
Restraint
2.7
Fees
SECTION 3 - GENERAL PROVISIONS ................................................................................... 21
3.2
Height Exceptions
3.3
Yard Encroachments
3.4
Sight Triangles
3.5
Fences
3.6
Distance Between Buildings And Structures
3.7
Swimming Pools
3.8
Special Highway Setbacks
3.9
Measurement Of Setback And Yard Requirements
3.10
Easements As Yards
3.11
Flood Plain Development
3.12
Watercourse, Floor Plain, Slope Regulations
3.13
Planting Strips
3.14
Signs
3.15
Illumination
3.16
Corner Lots
3.17
Through Lots
3.18
Street Requirement
3.19
Servicing Requirement
3.20
External Building Materials
3.21
Minimum Lot Area
3.22
Non-Conforming Uses
3.23
Non-Complying Lots, Buildings Or Structures
3.24
Holding Zones
3.25
Prohibited Uses
3.25.4
Special Holding Provisions
3.26
Public Uses
3.27
Residential Uses And Occupancy Of Buildings
3.28
Accessory Dwelling Units In Residential Dwellings
3.29
Bed And Breakfast
3.30
Group Homes
3.31
Home Occupation
3.32
Home Industry
3.33
Home Medical Office
3.34
Intentionally Left Blank
3.35
Outside Storage
3.36
Outside Display Of Goods
3.37
Temporary Buildings And Structures
3.38
Off Street Parking Requirements
3.38.9.1
Intentionally Left Blank
3.39
Off Street Loading Requirements
3.40
Parking Of Commercial Vehicles
3.41
Parking Of Special Vehicles
3.42
Tourist Establishment Guest Room Location
SECTION 4 - RESIDENTIAL TYPE 1 (R1) ZONE .................................................................... 54
4.2
PERMITTED USES
4.2.1
Residential Uses
4.2.2
Non-Residential Uses
4.3
ZONE PROVISIONS
4.3.1
Lot Area (Minimum)
4.3.2
Lot Frontage (Minimum)
4.3.11
Dwelling Units Per Lot (Maximum)
4.4
ZONE EXCEPTIONS
4.4.1
R1-1 Zone
4.4.3
R1-3 Zone
4.4.4
R1-4 Zone Schedule "H"
4.4.5
R1-5 Zone Schedule "H"
4.4.6
R1-6 Zone Schedule "H"
4.4.7
R1-7 Zone Schedule "I"
4.4.8
R1-8 Zone Schedule "P"
4.4.9
R1-9 Zone Schedule "P"
4.4.10
R1-10 Zone Schedule "I"
4.4.11
R1-11 Zone Schedule "I"
4.4.12
R1-12 Zone Schedule "I"
4.4.13
R1-13 Zone Schedule "A"
4.4.14
R1-14 Zone Schedule "H"
4.4.15
R1-15 Zone Schedule "T"
4.4.16
R1-16 Zone Schedule "C"
4.4.17
R1-17 Zone Schedule "E"
4.4.18
R1-18 Zone Schedule
4.4.19
R1-19 Zone Schedule "T"
4.4.20
R1-20 Zone Schedule "T"
4.4.21
R1-21 Zone
4.4.22
R1-22 Zone Schedule "F"
4.4.23
R1-23 Zone Schedule "T"
4.4.24
R1-24 Zone Schedule "S"
4.4.25
R1-25 Zone Schedule "R"
4.4.26
R1-26 Zone Schedule "O"
4.4.27
R1-27 Zone Schedule "G"
4.4.28
R1-28 Zone Schedule "F"
4.4.29
R1-29 Zone Schedule "F"
4.4.30
R1-30 Zone Schedule "G"
4.4.31
R1-31 Zone Schedule "H"
4.4.35
R1-35 Zone Schedule "B"
4.4.39
R1-39 Zone Schedule "P"
4.4.40
R1-40 Zone Schedule "T"
4.4.41
R1-41 Zone Schdule "T"
SECTION 5 - RESIDENTIAL TYPE 2 (R2) ZONE .................................................................... 63
5.2
PERMITTED USES
5.2.1
Residential Uses
5.2.2
Non-Residential Uses
5.3
ZONE PROVISIONS
5.3.1
Lot Area (Minimum)
5.3.2
Lot Frontage (Minimum)
5.3.12
Dwelling Units Per Lot (Maximum)
5.3.13
Conversions To Boarding House
5.3.14
Servicing
5.4
ZONE EXCEPTIONS
5.4.1
R2-1 Zone Schedule "G"
5.4.2
R2-2 Zone Schedule "G"
5.4.3
R2-3 Zone Schedule "O"
5.4.4
R2-4 Zone Schedule "R"
5.4.5
R2-5 Zone Schedule "B"
5.4.6
R2-6 Zone Schedule "F"
5.4.7
R2-7 Zone Schedule "F"
5.4.8
R2-8 Zone Schedule "R"
5.4.9
R2-9 Zone Schedule "O"
5.4.10
R2-10 Zone Schedule "F"
5.4.11
R2-11 Zone Schedule "F"
5.4.12
R2-12 Zone Schedule "F"
5.4.13
R2-13 Zone Schedule "F"
5.4.14
R2-14 Zone Schedule "F"
5.4.15
R2-15 Zone Schedule "G"
5.4.16
R2-16 Zone Schedule 'R'
5.4.17
R2-17 Zone Schedule 'C'
5.4.18
R2-18 Zone Schedule 'F'
5.4.19
R2-19 Zone Schedule "F"
5.4.20
R2-20 Zone Schedule "F"
5.4.21
R2H1-21 Zone Schedule 'F'
5.4.22
R2H1-22 Zone Schedule 'F'
5.4.23
R2H1-23 Zone Schedule 'F'
5.4.24
R2-24 Zone Schedule 'N'
5.2.25
R2-25 Zone Schedule 'N'
5.4.26
R2-26 Zone Schedule 'O'
5.4.27
R2-27 Zone
5.4.28
R2-28 Zone Schedule 'A'
SECTION 6- RESIDENTIAL TYPE 3 (R3) ZONE ..................................................................... 81
6.2
PERMITTED USES
6.2.1
Residential Uses:
6.2.2
Non-Residential Uses:
6.3
ZONE PROVISIONS
6.3.1
Lot Area (Minimum):
6.3.2
Lot Frontage (Minimum):
6.3.10
Height Of Building (Maximum): 12 M
6.3.12
Courts:
6.3.13
Play Areas:
6.3.14
Servicing:
6.3.15
Units Per Structure:
6.4
ZONE EXCEPTIONS
6.4.1
R3-1 Zone Schedule "O"
6.4.2
R3-2 Zone Schedule "T"
6.4.2.1
R3-2-A Zone Schedule "T"
6.4.2.2
R3-2-B Zone Schedule "T"
6.4.3
R3-3 Zone Schedule "O"
6.4.4
R3-4 Zone Schedule "P"
6.4.5
R3-5 Zone Schedule "J"
6.4.6
R3-6 Zone Schedule "P"
6.4.7
R3-7 Zone Schedule "O"
6.4.8
R3-8 Zone Schedule "I"
6.4.9
R3-9 Zone Schedule "J"
6.4.10
R3-10 Zone Schedule "O"
6.4.11.1
R3-11 Zone Schedule "T"
6.4.11.2
R3-12 Zone Schedule "O"
6.4.13
R3-13 Zone Schedule 'O'
6.4.15
R3-15 Zone Schedule "T"
6.4.16
R3-16 Zone Schedule "B"
6.4.17
R3-17 Zone Schedule "L"
6.4.19
R3-19 Zone Schedule "F"
6.4.20
R3-20 Zone Schedule "O"
6.4.22
R3-22 Schedule "R"
6.4.23
R3-23 Schedule "D"
6.4.24
R3-24 Zone Schedule "O"
6.4.25
R3-25 Zone Schedule "O"
6.4.26
R3-26 Zone Schedule "J"
6.4.27
R3-27 Zone Schedule "F"
6.4.28
R3-28 Zone Schedule "F"
6.4.29
R3-29 Zone Schedule "F"
6.4.30
R3-30 Zone Schedule "P"
6.4.31
R3-31 Zone Schedule "D"
6.4.32
R3-32 Zone Schedule 'O'
6.4.33
R3-33 Zone Schedule 'R'
6.4.34
R3-34 Zone Schedule 'R'
6.4.36
R3-36 Zone Schedule "F"
6.4.37
Intentionally Left Blank
6.4.39
R3-39 Zone Schedule 'R'
6.4.40
R3-40 Zone Schedule 'N'
6.4.42
R3H-42 Zone Schedule "O"
6.4.44
R3H-44 Schedule "P"
6.4.45
R3H-45 Zone Schedule 'F'
6.4.46
R3H-46 Zone Schedule "F"
6.4.47
R3-47 Zone Schedule "H"
6.4.48
R3-48 Zone Schedule "H"
6.4.49
R3-49 Zone, Schedule 'B'
6.4.50
R3-50 Zone, Schedule 'B'
6.4.51
R3-51 Zone, Schedule '"
6.4.52
R3-52 Zone, Schedule '
6.4.53
R3-53 Zone, Schedule "'
6.4.54
R3-54 Zone, Schedule 'A'
6.4.55
R3-55 Zone, Schedule 'A'
6.4.56
R3-56 Zone, Schedule 'O'
6.4.57
R3-57 Zone, Schedule 'O'
6.4.58
R3-58 Zone, Schedule 'O'
6.4.59
R3-59Zone, Schedule 'O'
6.4.60
R3-60 Zone, Schedule 'O'
6.4.61
R3-61 Zone, Schedule 'O'
6.4.62.
R3-62 Zone, Schedule 'O'
6.4.63
R3-63 Zone, Schedule 'O'
6.4.64
R3-64 Zone, Schedule 'O'
SECTION 7- RESIDENTIAL TYPE 4 (R4) ZONE ................................................................... 127
7.2
PERMITTED USES
7.2.1
Residential Uses:
7.2.2
Non-Residential Uses:
7.3
ZONE PROVISIONS
7.3.8
Height Of Building (Maximum): 12 M
7.3.13
Recreation Use Areas:
7.3.14
Privacy Yards:
7.3.15
Servicing:
7.4
ZONE EXCEPTIONS
7.4.1
R4-1 Zone Schedule "P"
7.4.2
R4-2 Zone Schedule 'O'
7.4.3
R4-3 Zone Schedule 'F'
7.4.4
R4-4 Zone Schedule "R"
7.4.5
R4-5 Zone Schedule "O"
7.4.6
R4-6 Zone Schedule "O"
7.4.7
R4-7 Zone Schedule "F"
7.4.8
R4-8 Zone Schedule "F"
7.4.9
R4-9 Zone Schedule "O"
7.4.10
R4-10 Zone Schedule 'A'
SECTION 8 - RESIDENTIAL MODULAR HOME (RM) ZONE ............................................... 131
8.2
PERMITTED USES
8.2.1
Residential Uses
8.2.2
Non-Residential Uses
8.3
ZONE PROVISIONS
8.3.7
Unit Site Width (Minimum): 10.5 M
8.3.16
Accessory Storage Facilities Provided By The Developer For Each Unit Shall Be
8.4
ZONE EXCEPTIONS
8.4.1
RM-1 Zone Schedule "Q"
8.4.2
RM-2 Zone Schedule "Q"
8.4.3
RM-3 Zone Schedule "Q"
8.4.4
RM-4 Zone Schedule "Q"
8.4.5
RM-5 Zone Schedule "Q"
8.4.6
RM-6 Zone Schedule "Q"
SECTION 9 - RESIDENTIAL ESTATE (RE) ZONE ............................................................... 135
9.2
PERMITTED USES
9.2.1
Residential Uses
9.2.2
Non-Residential Uses
9.3
ZONE PROVISIONS
9.4
ZONE EXCEPTIONS
9.4.1
RE-1 Zone Schedule "E"
9.4.2
RE-2 Zone Schedule "E"
SECTION 10 - DISTRICT COMMERCIAL (CD) ZONE .......................................................... 137
10.2
PERMITTED USES
10.2.1
Residential Uses
10.2.2
Non-Residential Uses
10.3
ZONE PROVISIONS
Motor Vehicle Service, Other Establishment/Repair Garage Uses
10.3.2
Lot Frontage (Minimum)
10.3.4
Exterior Side Yard Width (Minimum): 15 M 6 M
10.3.6
Rear Yard Depth (Minimum)
10.3.7
Landscaped Open Space (Minimum): 5% 5%
10.3.9
Vehicle Fuel Pump Island Location
10.3.10
Motor Vehicle Impound Yard Location
10.3.11
Driveways For Motor Vehicle Service Stations
10.3.12
Dwelling Unit And/Or Rental Unit (Minimum):
10.4
ZONE EXCEPTIONS
10.4.1
CD-1 Zone Schedule "R"
10.4.2
CD-2 Zone Schedule "G"
10.4.3
CD-3 Zone Schedule "D"
10.4.4
CD-4 Zone Schedule "O"
10.4.5
CD-5 Zone Schedule "C"
10.4.6
CD-6 Zone Schedule "G"
10.4.7
CD-7 Zone Schedule "G"
10.4.8
CD-8 Zone Schedule "R"
10.4.9
CD-9 Zone Schedule "R"
10.4.10
CD-10 Zone Schedule "H"
10.4.11
CD-11 Zone Schedule "O"
10.4.12
CD-12 Zone Schedule "G"
10.4.13
CD-13 Zone Schedule "D"
SECTION 11 - SERVICE COMMERCIAL (CS) ZONE ........................................................... 145
11.2
PERMITTED USES
11.2.1
Residential Uses
11.2.2
Non-Residential Uses
11.1.9
Motor Vehicle Impound Yard Location
11.1.10
Outside Storage
11.3.12
Dwelling Unit And/Or Rental Unit (Minimum)
11.4
ZONE EXCEPTIONS
11.4.1
CS-1 Zone Schedule "B"
11.4.2
CS-2 Zone Schedule "A"
11.4.3
CS-3 Zone Schedule "B"
11.4.4
CS-4 Zone Schedule "S"
11.4.5
CS-5 Zone Schedule "R"
SECTION 12 - LOCAL COMMERCIAL (CL) ZONE ............................................................... 150
12.2
PERMITTED USES
12.2.1
Residential Uses:
12.2.2
Non-Residential Uses:
12.3
ZONE PROVISIONS
12.3.1
Lot Area (Minimum):
12.3.2
Lot Frontage (Minimum):
12.3.6
Rear Yard Depth (Minimum):
12.4
ZONE EXCEPTIONS
12.4.1
CL-1 Zone Schedule "C"
12.4.2
CL-2 Zone Schedule "T"
12.4.3
CL-3 Zone Schedule "N"
12.4.4
CL-4 Zone Schedule "T"
12.4.5
CL-5 Zone Schedule "B"
12.4.6
CL-6 Zone Schedule "N"
12.4.7
CL-7 Zone Schedule "F"
SECTION 13- RECREATIONAL COMMERCIAL (CR) ZONE ............................................... 153
13.2
PERMITTED USES
13.2.1
Residential Uses:
13.2.2
Non-Residential Uses:
13.3
ZONE PROVISIONS
13.3.1
Lot Area (Minimum):
13.3.2
Lot Frontage (Minimum):
13.3.6
Rear Yard Depth (Minimum):
13.4
ZONE EXCEPTIONS
13.4.1
CR-1 Zone Schedule "S"
13.4.2
CR-2 Zone Schedule "S"
SECTION 14 - TOURIST COMMERCIAL (CT) ZONE ........................................................... 156
14.2
PERMITTED USES
14.2.1
Residential Uses:
14.2.2
Non-Residential Uses:
14.3
ZONE PROVISIONS
14.3.1
Lot Area (Minimum):
14.3.2
Lot Frontage (Minimum):
14.3.3
Front Yard Depth (Minimum):
14.3.4
Exterior Side Yard Width (Minimum):
14.3.5
Interior Side Yard Width (Minimum):
14.3.6
Rear Yard Depth (Minimum):
14.3.7
Height Of Building (Maximum): 12 M
14.4
ZONE EXCEPTIONS
14.4.1
Intentionally Left Blank
14.4.3
CT-3 Zone Schedule "N"
14.4.4
CT-4 Zone Schedule "O"
14.4.5
CT-5 Zone Schedule "H"
14.4.6
CT-6 Zone Schedule "N'
14.4.7
CT-7 Zone Schedule N"
14.4.8
CT-8 Zone Schedules "I" And "N"
14.4.9
CT-9 Zone Schedule "O"
14.4.10
CT-10 Zone Schedule "N"
14.4.11
CT-11 Zone Schedule "N"
14.4.12
CT-12 Zone Schedule "N"
14.4.13
CT-13 Zone Schedule "P"
14.4.14
CT-14 Zone Schedule "O"
14.4.15
CT-15 Zone Schedule "H"
14.4.16
CT-16 Schedule "H"
14.4.17
CT-17 Schedule "G"
14.4.18
Intentionally Left Blank
14.4.19
CT-19 Schedule "H"
SECTION 15 - ACCOMMODATION COMMERCIAL (CA) ZONE .......................................... 161
15.2
PERMITTED USES
15.2.1
Residential Uses:
15.2.2
Non-Residential Uses:
15.3
ZONE PROVISIONS
15.3.1
Lot Area (Minimum):
15.3.2
Lot Frontage (Minimum):
15.3.10
Dwelling Unit And/Or Rental Unit Area (Minimum):
15.4
ZONE EXCEPTIONS
15.4.1
CA-1 Zone Schedule "P"
15.4.2
CA-2 Zone Schedules "H" And "N"
15.4.3
CA-3 Zone Schedule "H"
15.4.4
CA-4 Zone Schedule "N"
15.4.5
CA-5 Zone Schedule "I"
15.4.6
CA-6 Zone Schedule "G"
15.4.7
CA-7 Zone Schedule "O"
15.4.8
CA-8 Zone Schedule "B"
15.4.9
CA-9 Zone Schedule "O"
15.4.10
CA-10 Zone Schedule "R"
15.4.11
CA-11 Zone Schedule "O"
15.4.12
CA-12 Zone Schedule "I"
15.4.13
CA-13 Zone Schedule "H"
15.4.14
CA-14 Zone Schedule "H"
15.4.15
CA-15
15.4.16
CA-16 Zone Schedule "H"
SECTION 16- CAMPGROUND COMMERCIAL (CC) ZONE ............................................................... 167
16.2
PERMITTED USES:
16.2.1
Residential Uses
16.2.2
Non-Residential Uses
16.3
ZONE PROVISIONS
16.3.11
Dwelling Unit Per Lot (Maximum): 1
16.3.15
Setback From Any Residential Zone (Any Yard) (Minimum): 15 M
16.3.21.8
Interior Side Yard Width From Site Boundaries (Minimum): 3 M
16.4
ZONE EXCEPTIONS
16.4.1
CC-1 Zone Schedule "O"
16.4.2
CC-2 Zone Schedule "O"
16.4.3
CC-3 Zone Schedule "O"
16.4.4
CC-4 Zone Schedule "O"
16.4.5
CC-5 Zone Schedule "B"
SECTION 17 - INSTITUTIONAL (I) ZONE .......................................................................................... 170
17.2
PERMITTED USES
17.2.1
Residential Uses
17.2.2
Non-Residential Uses
17.3
Zone Provisions
17.3.1
Lot Area (Minimum)
17.4
ZONE EXCEPTIONS
17.4.1
I-1 Zone Schedule "E"
17.4.2
I-2 Zone Schedule "O"
17.4.3
I-3 Zone Schedule "P"
17.4.4
I-4 Zone Schedule "E"
17.4.5
I-5 Zone Schedule "O"
17.4.6
I-6 Zone Schedule "N"
17.4.7
I-7 Zone Schedule "F"
17.4.8
I-8/R2-18 Zone Schedule "F"
SECTION 18 - INDUSTRIAL INSIDE STORAGE (MI) ZONE .............................................................. 174
18.2
PERMITTED USES
18.2.1
Residential Uses
18.2.2
Non-Residential Uses
18.3
ZONE PROVISIONS
18.3.1
Lot Area (Minimum)
18.3.2
Lot Frontage (Minimum)
18.3.6
Rear Yard Depth (Minimum)
18.4
ZONE EXCEPTIONS
SECTION 19 - INDUSTRIAL OUTSIDE STORAGE (MO) ZONE ........................................................ 175
19.2
PERMITTED USES
19.2.1
Residential Uses
19.2.2
Non-Residential Uses
19.3
ZONE PROVISIONS
19.3.1
Lot Area (Minimum)
19.3.2
Lot Frontage (Minimum):
19.3.6
Rear Yard Depth (Minimum)
19.3.7
Height Of Building (Maximum): 12 M
19.3.9
Open Storage
19.4
ZONE EXCEPTIONS
19.4.1
Mo-1 Schedule "S"
SECTION 20- INDUSTRIAL EXTRACTIVE (ME) ZONE ..................................................................... 179
20.2
PERMITTED USES
20.2.1
Residential Uses
20.2.2
Non-Residential Uses
20.3
ZONE PROVISIONS
20.4
ZONE EXCEPTION
SECTION 21- WASTE DISPOSAL (MW) ZONE ................................................................................. 181
21.2
PERMITTED USES
21.2.1
Residential Uses
21.2.2
Non-Residential Uses
21.3
ZONE PROVISIONS
21.4
ZONE EXCEPTIONS
21.4.1
MW-1 Zone Schedule "S"
21.4.2
MW-2 Zone Schedule "S"
SECTION 22 - OPEN SPACE (OS) ZONE .......................................................................................... 183
22.2
PERMITTED USES
22.2.1
Residential Uses:
22.2.2
Non-Residential Uses:
22.3
ZONE PROVISIONS
22.3.1
Lot Area (Minimum):
22.3.2
Lot Frontage (Minimum):
22.4
ZONE EXCEPTIONS
22.4.1
OS-1 Schedule 'F'
22.4.2
OS-2 Zone Schedule "Q"
22.4.3
OS-3 Zone Schedule "R"
22.4.4
OS-4 Zone Schedule "D"
22.4.5
OS-5 Zone Schedule "E"
22.4.6
OS-6 Zone Schedule "B"
22.4.7
OS-7 Zone, Schedule 'B
22.4.8
OS-8 Zone Schedule 'A''
22.4.9
OS-9 Zone Schedule 'A''
22.4.10
OS-Zone Schedule 'A''
SECTION 23 - ENVIRONMENTAL PROTECTION (EP) ZONE ........................................................... 186
23.2
PERMITTED USES
23.2.1
Residential Uses:
23.2.2
Non-Residential Uses:
23.3
ZONE PROVISIONS
23.3.7
Approval Of Conservation Authority:
23.4
ZONE EXCEPTIONS
23.4.1
EP-1 Zone Schedule "O"
23.4.2
EP-2 Zone Schedule "R"
23.4.3
EP-3 Zone Schedule "O"
23.4.4
EP-4 Zone Schedule "P"
23.4.5
EP-5 Zone Schedule "R"
23.4.6
EP-6 Zone Schedule "P"
23.4.7
EP-7 Zone Schedule "F"
23.4.8
EP-8 Zone Schedule "E"
23.4.9
EP-9 Zone, Schedule 'B'
SECTION 24- RURAL (RU) ZONE ..................................................................................................... 189
24.2
PERMITTED USES
24.2.1
Residential Uses:
24.2.2
Non-Residential Uses:
24.3
ZONE PROVISIONS
24.3.12
Additional Requirements And Regulations:
24.3.13
Single Family Dwelling Provisions:
24.4
ZONE EXCEPTIONS
24.4.1
RU-1 Schedule "Q"
24.4.2
RU-2 Schedule "S"
24.4.3
RU-3 Schedule "S"
24.4.4
RU-4 Schedule "E"
SECTION 25 - DEVELOPMENT (D) ZONE ........................................................................................ 192
25.2
PERMITTED USES
25.2.1
Residential Uses:
25.2.2
Non-Residential Uses:
25.3
ZONE PROVISIONS
25.4
ZONE EXCEPTIONS
25.4.1
RD Zone Schedule "G"
25.4.2
D-2 Zone Schedule "B"
SECTION 26 - DOWNTOWN WASAGA BEACH ............................................................................... 194
26.1
Definitions
26.2
General Provisions
26.2.1
Mixed-Use Buildings
26.2.2
Apartment Dwelling Units In Commercial And Mixed Use Zones
26.2.3
Continuous Street Frontage Between The Nottawasaga River And Wood Avenue
26.2.4
Continuous Street Frontage Between Wood Avenue And Stonebridge Boulevard
26.2.5
Continuous Street Frontage Between Stonebridge Boulevard And River Road West
26.2.6
Minimum Building Height
26.2.7
Minimum Ground Floor Height
26.2.8
Angular Planes
26.2.9
Setback Requirements Adjacent To Main Street
26.2.10
Setback Requirements Adjacent To Mosley Street
26.2.11
Intentionally Left Blank
26.2.12
Communal Amenity Area Requirements
26.2.13
Overlook
26.2.14
Outdoor Patio
26.2.15
Parking
26.2.16
Bicycle Parking Requirements
26.3
Downtown Core, Downtown Gateway And Beach Mixed Use And Transition Zones
26.3.2
Zone Provisions
26.3.3
Zone Provisions For Stand-Alone Residential Uses Within Mixed Use And Transition Zones
26.4
ZONE EXCEPTIONS
26.4.1
Downtown Gateway Mixed-Use Exception One (Dg1-1) Zone Schedule "N"
26.4.2
Downtown Gateway Transition Exception One (Dg2-1) Zone (Schedule "N")
26.4.3
Downtown Core Exception One (Dc2-1) Zone Schedule "N"
SECTION 27- DEFINITIONS .............................................................................................................. 220
27.2
Abut
27.3
Accessory
27.4
Act
27.5
Adjoin
27.6
Adult Entertainment Establishment
27.7
Agricultural Implement Dealer
27.8
Agricultural Produce Sales Outlet
27.9
Agricultural Use
27.10
Agricultural Use, Intensive
27.10.1
Agricultural Cannabis Cultivation Site
27.11
Alter
27.11.1
Amenity Space, Outdoor
27.12
Amusement Device
27.13
Angle Of Divergence
27.14
Arena
27.15
Arcade Or Games Establishment
27.16
Art Gallery
27.17
Attic
27.18
Auditorium
27.19
Balcony
27.20
Banquet Hall
27.21
Basement
27.22
Boarder
27.23
Boarding House
27.24
Boat House
27.25
Building
27.26
Building Height
27.27
Building Inspector
27.28
Building Supply Center
27.29
Bulk Storage Yard
27.30
Bus Transfer Depot
27.31
Camp, Sports Or Recreational
27.32
Carport
27.33
Car Wash
27.34
Cellar
27.35
Cemetery
27.36
Chief Building Official
27.37
Club
27.38
Commercial
27.39
Conservation Uses
27.40
Corporation
27.41
Council
27.42
County
27.43
Crisis Care Facility
27.44
Custom Workshop
27.45
Day Care, Nursery
27.46
Deck
27.47
Department Store
27.48
Dining Room
27.49
Driveway
27.50
Dry Cleaning Or Laundry Outlet
27.51
Dry Cleaning Facility
27.52
Dwelling Unit, Detached Accessory
27.53
Dwelling, Apartment
27.54
Intentionally Left Blank
27.56
Dwelling Unit, Link
27.57
Dwelling Unit, Single Detached
27.58
Dwelling Unit, Semi-Detached
27.59
Dwelling, Street Townhouse
27.60
Dwelling, Townhouse
27.61
Dwelling Unit
27.61.1
Dwelling Unit, Mixed Use
27.61.2
Dwelling Unit, Laneway-Based
27.62
Dwelling Unit, Attached Accessory
27.63
Dwelling Unit, Bachelor
27.64
Dwelling Unit/Rental Unit Area
27.65
Equestrian Facility
27.66
Equipment Rental
27.67
Erect
27.68
Establishment
27.69
Existing
27.70
Financial Services
27.71
Fire Hall
27.72
Fishing Establishment
27.73
Flood Plain
27.74
Floor, First
27.75
Floor Area
27.76
Floor Area, Gross (G.F.A.)
27.77
Floor Area, Ground
27.78
Floor Area, Public
27.79
Forestry Use
27.80
Fuel Storage Tank Or Supply Yard
27.801
Funeral Home
27.82
Garage, Private
27.83
Gasoline Retail Facility
26.84
General Merchandiser
27.85
Go-Cart Course
27.86
Golf Course
27.87
Golf Driving Range
27.88
Grade, Established
27.89
Group Home
27.90
Guest Room
27.91
Habitable Room
27.92
Hereafter
27.93
Herein
27.94
Home Industry
27.95
Home Medical Office
27.96
Home Occupation
27.96.1
Home Occupation - Holistic Practitioner
27.96.2
Home Occupation - Personal Services
27.96.3
Hospital
27.97
Industrial, Extractive
27.97.1
Infrastructure
27.98
Kennel
27.99
Landscaped Open Space
27.100
Lane
27.100.1
Lane, Private
27.101
Laundromat
27.102
Library
27.103
Light Manufacturing
27.104
Loading Space
27.105
Lot
27.106
Lot, Corner
27.107
Lot, Interior
27.108
Lot, Through
27.109
Lot Area
27.110
Lot Coverage
27.111
Lot Frontage
27.112
Lot Line
27.113
Lot Line, Front
27.114
Lot Line, Rear
27.115
Lot Line, Side
27.116
Lumberyard
27.117
Marina
27.118
Marine Facility
27.119
Miniature Golf Course
27.120
Mobile Home
27.121
Modular Home Park
27.122
Modular Home Site
27.123
Modular Home
27.124
Motor Home
27.125
Motor Vehicle
27.126
Motor Vehicle, Commercial
27.127
Motor Vehicle Sales And Service Establishment
27.128
Motor Vehicle Body Shop
27.129
Motor Vehicle Impound Yard
27.130
Motor Vehicle Repair Garage
27.131
Museum
27.132
Non-Complying
27.133
Non-Conforming
27.134
Nursery And Garden Center
27.135
Nursing Home
27.136
Noxious Use
27.137
Office, Business
27.138
Office, Medical
27.139
Office, Professional
27.140
Open Space
27.141
Open Storage
27.142
Park
27.143
Park, Amusement
27.144
Park, Public
27.145
Park, Private
27.146
Parking Area
27.147
Parking Lot
27.148
Parking Space
27.149
Passive Outdoor Recreation
27.150
Patio
27.151
Permitted
27.152
Persons
27.153
Place Of Worship
27.154
Planting Strip
27.155
Play Area
27.156
Point Of Intersection
27.157
Police Station
27.158
Porch/Veranda
27.159
Post Office
27.160
Premises
27.161
Public Use
27.161.1
Public Service Facilities
27.167
Restaurant
27.168
Restaurant, Drive-In
27.169
Restaurant, Take-Out
27.169.1
Restaurant, Take-Out (Food Vehicle)
27.170
Retail Store
27.171
Salvage Yard
27.178
Sight Triangle
27.179
Sign
27.180
Single Independent Housekeeping Unit
27.181
Storey
27.182
Storey, First
27.183
Storey, One Half
27.184
Street
27.184.1
Street, Private
27.185
Street Access
27.186
Street Line
27.187
Structure
27.188
Studio
27.189
Supermarket
27.190
Tavern
27.191
Taxi Stand
27.192
Temporary Building
27.193
Theatre
27.194
Theatre, Drive-In
27.195
Tourist Establishment
27.195.1
Tourist Establishment, Hotel
27.195.2
Tourist Establishment, Lodge
27.195.3
Tourist Establishment, Motel
27.195.4
Tourist Establishment, Rental Cabins
27.195.5
Tourist Establishment, Rental Cottage
27.195.6
Tourist Establishment, Bed And Breakfast
27.196
Town
27.197
Trailer Sales & Service Establishment
27.198
Trailer, House
27.199
Trailer, Park Model
27.200
Trailer And Tent Park
27.201
Trailer And Tent Site
27.202
Transmission Site
27.203
Transportation Terminal
27.204
Use
27.205
Veterinary Clinic
27.206
Warehouse
27.207
Warehouse, Mini Storage
27.208
Waste Disposal Site
27.209
Water Body
27.210
Water Supply Plant
27.211
Water System, Public
27.212
Wholesale Use
27.213
Yard
27.214
Yard, Front
27.215
Yard, Front Depth
27.216
Yard, Rear
27.217
Yard, Rear Depth
27.218
Yard, Side
27.219
Yard, Side Width
27.220
Yard, Side Exterior
27.221
Yard, Side Interior
27.222
Yard, Required
27.223
Yard, Privacy
27.224
Yard Depth, Privacy
27.225
Zone
27.226
Zoning Administrator
SECTION 28- VALIDITY .................................................................................................................... 239
SECTION 29- IMPLEMENTATION ..................................................................................................... 239
SECTION 30 - EFFECTIVE DATE ...................................................................................................... 240
CERTIFICATION ................................................................................................................................ 240
THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NUMBER 2003-60
Being a Zoning By-Law pursuant to the prohibitions, regulations and requirements of Section
34 of the Planning Act, R.S.O. 1990, c. P13 as amended, in the Town of Wasaga Beach.
Now therefore, the Council of the Corporation of the Town of Wasaga Beach enacts as
follows:
SECTION 1 - TITLE, APPLICATION, SCOPE AND INTERPRETATION
1.1
TITLE
This By-law shall be known as the "Town of Wasaga Beach Zoning By-law".
1.2
APPLICATION OF THE BY-LAW
The provisions of this By-law shall apply to all lands within the Town of Wasaga
Beach except as may otherwise be specified herein.
1.3
SCOPE AND EFFECT
No building, structure or land shall be used and no building or structure shall be
hereafter erected or altered within the corporate limits of the Town of Wasaga
Beach, except in conformity with the provisions of this By-law.
1.4
ZONES AND SCHEDULES
1.4.1
For the purpose of this By-law, the Town of Wasaga Beach has been divided into
Zones, the boundaries of which are shown on the Map Schedules "A" through "T"
which are attached hereto and form part of this By-law.
1.4.2
The Zones are referred to by the following names or symbols and are identified on
the Map Schedules by the following symbols:
Section 4
R1
Residential Type 1 Zone
Section 5
R2
Residential Type 2 Zone
Section 6
R3
Residential Type 3 Zone
Section 7
R4
Residential Type 4 Zone
Section 8
RM
Residential Modular Home
Section 9
RE
Residential Estate
Section 10
CD
District Commercial Zone
Section 11
CS
Service Commercial Zone
Section 12
CL
Local Commercial Zone
Section 13
CR
Recreation Commercial Zone
Section 14
CT
Tourist Commercial Zone
Section 15
CA
Accommodation Commercial Zone
Section 16
CC
Campground Commercial Zone
Section 17
I
Institutional Zone
Section 18
MI
Industrial Inside Storage Zone
Section 19
MO
Industrial Outside Storage Zone
Section 20
ME
Industrial Extractive Zone
Section 21
MW
Waste Disposal Zone
Section 22
OS
Open Space Zone
Section 23
EP
Environmental Protection Zone
Section 24
RU
Rural Zone
Section 25
D
Development Zone
Section 26
Section 27
DC1
DC2
DG1
DG2
B1
B2
Downtown Core Mixed-Use Zone
Downtown Core Zone
Downtown Gateway Mixed-Use Zone
Downtown Gateway Transition Zone
Beach Mixed-Use Zone
Beach Transition Zone
Definitions
1.4.3
Schedules A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q,R,S and T are included in and form
part of this By-law.
1.4.4
Where the boundary of any Zone is uncertain, and on the Map Schedules attached
hereto the boundary:
i)
Is shown following a street, lane, railway, right-of-way, electric distribution
line, right-of-way, or watercourse, then the lot line of the street, lane, railway,
right-of-way, electric distribution line, right-of-way or watercourse shall be
deemed to be the Zone boundary, or
ii)
Is shown running parallel to a street line or other line or is irregular, then the
Zone boundary may be determined in accordance with the scale shown on
the Map Schedules.
1.4.5
When a lot contains more than one use, each such portion of the lot shall conform
to the provisions of this By-law for such use in the Zone where it is located.
1.4.6
When a lot is divided into more than one Zone, each such portion of the lot shall
be used in accordance with the provisions of this By-law for the applicable Zone.
1.4.7
For the purpose of this By-law, the map schedules included and forming part of
this By-law may be, by resolution of Council, replaced and the replacement maps
are deemed to form part of this By-law where changes or alterations to the map
schedules are limited to the addition or alteration of road and lot fabric patterns
only.
1.5
INTERPRETATION
The interpretation and application of the provisions of this By-law shall be held to
be the minimum requirements for the promotion of health, safety, comfort,
convenience and general welfare for the inhabitants of the Town of Wasaga Beach.
SECTION 2 - ADMINISTRATION AND ENFORCEMENT
2.1
ADMINISTRATION
This By-law shall be administered by the Zoning Administrator or such other person
or persons as Council shall designate from time to time and no permit for the use
of land or for the erection of any building or structure or approval of any municipal
license within the jurisdiction of Council, shall be issued where the proposed use,
building or structure would be in violation of any provision of this By-law.
2.2
COMPLIANCE WITH OTHER RESTRICTIONS
Nothing in this By-law shall be interpreted to relieve any person from the obligation
to comply with the requirements of any other law or by-law in force within the Town,
or from obtaining any permit, license, permission, authority or approval required
by this and any other law or by-law. This By-law shall not be effective to reduce or
mitigate in any way any restrictions lawfully imposed by a governmental authority
having Jurisdiction to make such restrictions.
2.3
BUILDING AND OTHER PERMITS
Nothing in this By-law shall relieve any person from the obligation to comply with
the requirements of The Ontario Building Code Act or regulations thereunder, as
amended, or any other applicable law, where the obligation to obtain any permit,
license, authority or approval is otherwise lawfully required.
2.4
INSPECTION
The Municipal Law Enforcement Officer, or any officer designated by Council to
enforce the provisions of the Zoning By-law shall have all the powers authorized
by Section 49 of the Planning Act, as amended.
2.5
VIOLATION AND PENALTIES
Any person convicted of a breach of any of the provisions of this By-law shall be
liable to a penalty within the limits permitted in The Planning Act, as amended from
time to time, exclusive of costs.
2.6
RESTRAINT
In case any building or structure is or is proposed to be erected, altered,
reconstructed, extended or enlarged, or any building or structure or part thereof is
or is proposed to be used, or any land is or is proposed to be used, in contravention
of any requirements of this By-law, such contravention may be restrained by action
at the insistence of any ratepayer, or of the Corporation of the
Town of Wasaga Beach pursuant to the provisions of The Planning Act, as
amended, in that behalf.
2.7
FEES
Fees, as may be established by Council, may be charged to any person to offset
the cost associated with the administration and enforcement of this By-law.
SECTION 3 - GENERAL PROVISIONS
3.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
3.1.1.1
Uses Permitted
Where this By-Law provides that a lot may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any accessory
building, structure, or use normally incidental to the main use, building or structure,
but shall not include any of the following uses:
i. Any occupation for gain or profit conducted within or accessory to a dwelling
unit;
ii. Any building for human habitation;
iii. Any part or body of a commercial motor vehicle; except as specifically
permitted by the by-law.
3.1.1.2
An attached accessory dwelling unit may be permitted as an accessory use to a
main residential use in the Residential Type One (R1) Zone, the Residential Type
Two (R2) Zone, and the Residential Type Three (R3) Zone, in accordance with the
criteria set out in Subsection 3.28 of this By-Law.
3.1.2
Lot Coverage
Unless otherwise specified, detached accessory buildings to a residential use in
any R1 or R2 Zone shall not use more than 65 square metres of lot area in total
and no horizontal dimension shall exceed 9 metres.
3.1.3
Quantity
In a Residential Type 1 (R1) Zone or a Residential Type 2 (R2) Zone, a maximum
of two detached accessory buildings shall be permitted.
3.1.4
Height
BL2007-123
Except as otherwise provided, the maximum height of any detached building
accessory to a residential use shall be 5 metres measured from the established
grade to the ridge of any gable, hip, gambrel, or mansard roof and 3.5 metres from
the established grade to the highest point of a flat roof and shall not exceed one
storey. The maximum height within 12 metres from the rear lot line of a through lot
shall be 3 metres.
3.1.5
Yards
Except as otherwise provided, all accessory buildings and structures shall comply
with the yard requirements of the Zone in which such accessory building or
structure is located.
3.1.5.1
Notwithstanding the yard provisions of this By-law to the contrary, drop awnings,
clothes poles, flagpoles, garden trellises, fences, retaining walls, legal signs, refuse
enclosures or similar accessory structures shall be permitted in any yard.
3.1.5.2
Notwithstanding the foregoing, heat pumps and air conditioning units shall not be
located closer than 0.9 metres to any interior side lot line.
3.1.5.3
Marine facilities shall be deemed to be accessory structures for the purpose of this
By-law and may be located in the rear yard but no closer than 0.9 metres to the
interior or exterior side lot line.
3.1.5.4
Except as otherwise provided herein, in any Zone, an accessory building or
structure which is not attached to the main building shall not be erected in any yard
other than the interior side yard or rear yard and such accessory building or
structure shall not be located closer to the street line than the main dwelling.
BL2010-16 3.1.5.5
Detached buildings accessory to a residential use equal to or less than 3.7 metres
in height may be located in an interior side or rear yard but shall be no closer than
0.9 metres to the lot line. Height shall be measured as per Subsection 3.1.4.
3.1.5.6
An attached accessory building or structure may be erected in front of, or beside
the main building provided it is not located in a required yard and provided that it
meets front and side yard setbacks and is constructed of the same type of material
as the main building and is of similar design.
3.1.5.7
Except as otherwise provided, detached accessory buildings and structures may
be permitted to be located between the front lot line and the main building on any
lot, provided that such accessory building conforms to all other provisions of the
By-law, and that the minimum front yard setback for such accessory building and
structure shall be 12 metres.
3.2
HEIGHT EXCEPTIONS
3.2.1
The height provisions of this By-law shall not apply to the following uses:
i)
An air conditioner duct
ii)
A barn
iii)
A belfry
iv)
A chimney
v)
A church spire
vi)
A clock tower
vii)
A corn crib
viii) A drying elevator
ix)
An elevator penthouse
x)
A farm implement shed
xi)
A feed or bedding storage use
xii)
A fire hose tower
xiii) A flag pole
xiv) A mechanical penthouse
xv) A communication tower or satellite dish
xvii) A skylight
xviii) A silo
xix) A utility plant
xx)
A water tower
xxi) Ornamental roof construction
3.2.2
A mechanical penthouse shall not cover an area greater than 75 per cent of the
total floor area of the top storey and shall have a minimum distance of 3 metres of
flat floor area at its base on at least three sides. The height of the mechanical
penthouse shall not exceed 4.5 metres without increasing the horizontal distance
to the edge of the building, but shall not exceed 6 metres in height.
3.3
YARD ENCROACHMENTS
3.3.1
Ornamental and Communication Structures
Notwithstanding any provisions of this By-law to the contrary, sills, bay windows,
belt course, chimneys, cornices, eaves, gutters, parapets, pilasters, or similar
ornamental structures may project into any required yard a maximum distance of
0.75 metres.
3.3.2
Patios
Notwithstanding any provisions of this By-law to the contrary, patios that are at
grade level may project into any required yard.
3.3.3
Decks
Notwithstanding any provisions of this By-law to the contrary, decks may project
into:
i)
A required front yard a maximum distance of 1.2 metres provided that the
deck is not more than 0.6 metres above finished grade;
ii)
A required rear yard, but shall be no closer than 0.9 metres to the lot line,
provided that the deck is not more than 0.6 metres above finished grade;
iii)
A required rear yard, but no closer than 3 metres to the lot line if the deck
exceeds 0.6 metres above finished grade; and,
iv)
A required interior and/or exterior side yard a maximum distance of 0.9
metres provided that the deck is not more than 0.6 metres above finished
grade.
3.3.4
Porches/Verandas
Notwithstanding any provisions of this By-law to the contrary, porches/verandas
may project into any required front or rear yard a maximum distance of 1.2 metres
provided that they are not more than 1.2 metres above finished grade and shall not
exceed an area of 1.5 square metres.
3.3.5
Balconies
Notwithstanding any provisions of this By-law to the contrary, balconies may
project into any required front or rear yard a maximum distance of 1.2 metres
provided that they are located at a greater height than the bottom of the first floor
ceiling joists.
3.3.6
Steps and Accessibility Ramps
Notwithstanding any provisions of this By-law to the contrary, steps and/or
accessibility ramps to an entrance may project into any required front yard a
maximum distance of 1.2 metres and may project into any required interior or
exterior side yard a maximum distance of 0.9 metres provided that such uses are
not below grade or not more than 0.6 metres above grade within the required yard.
3.4
SIGHT TRIANGLES
3.4.1
Within any area defined as a sight triangle, the following uses shall be prohibited:
i)
A building, structure or use which would obstruct the vision of drivers of motor
vehicles;
ii)
A fence, tree, hedge, bush or other vegetation, the top of which exceeds 1.0
metres in height above the elevation of the street line;
iii)
A finished grade which exceeds the elevation of the street line by more than
0.6 metres.
3.5
FENCES
3.5.1
Notwithstanding any provisions of this By-law to the contrary, fences shall not
exceed 1.2 metres in height on the front lot line, and shall not exceed 1.2 metres
in height to the distance required for front yard setbacks and thereafter a maximum of
2.13 metres.
3.5.2
Notwithstanding any provisions of this By-law to the contrary, in the case of a lot
abutting a water body, fences shall not exceed 1.2 metres in height to the distance
required for rear yard setbacks so as to prevent the blocking of views.
3.5.3
For the purpose of this By-law, fences are deemed not to be structures.
3.6
DISTANCE BETWEEN BUILDINGS AND STRUCTURES
3.6.1
No detached building or structure including the sills, bay windows, belt course,
chimney, cornices, eaves, gutters, parapets, pilasters or similar ornamental
structures shall be located closer than 1.2 metres to any other building or structure.
3.7
SWIMMING POOLS
3.7.1
Location - R1, R2, RE, RM and RU Zones
A swimming pool is permitted as an accessory use to a permitted R1, R2, RE, RM
or RU use provided that it complies with the following:
i)
In the front yard if no part of such pool is located closer to any lot line or street
line than the minimum distance required for the principal building located on
such lot;
ii)
In the side and rear yard if no part of such pool is located closer than 1.5
metres to the side or rear lot line;
iii)
The maximum height of such pool and any required fencing is not more than
2.5 metres above the average finished grade of such pool;
iv)
Any required building or structure, other than a dwelling, required to change
clothing or for a pumping or filtering facility or other singular accessory uses
complies with the provisions of this by-law respecting accessory buildings on
such lots; and,
v)
No water circulating or treatment equipment shall be located closer than 1.5
metres to any side or rear lot line.
3.7.2
Location - Other Permitted Zones
A swimming pool is permitted as an accessory use to a permitted R3, R4, CA, CR,
CC, CT, I or OS use provided that it complies with the setback requirements of the
Zone and the requirements of The Ontario Building Code Act as amended.
3.7.3
Fence
Every swimming pool shall be enclosed by a fence with gate in accordance with all
Municipal by-laws, as amended from time to time.
3.7.4
Lot Coverage Exemption
A swimming pool shall not be considered as part of the lot coverage provided no
part of the swimming pool or its railing protrudes more than 1.4 metres above the
ground level surrounding the swimming pool.
3.8
SPECIAL HIGHWAY SETBACKS
Notwithstanding any other provisions of this By-law, where a lot abuts a Provincial
Highway or County Road, the provisions of the Public Transportation and Highway
Improvement Act or applicable County Requirements shall apply with regard to
building setbacks from the highway centerline or right-of-way and other related
matters, and where these requirements exceed the minimum requirements of this
By-law they shall be complied with.
3.9
MEASUREMENT OF SETBACK AND YARD REQUIREMENTS
3.9.1
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 particular Zone.
3.9.2
Except as otherwise provided, in the case of a Zone boundary which is located
between the lot line and the use to which the setback applies, the setback shall be
calculated from the Zone boundary.
3.10
EASEMENTS AS YARDS
Where a lot includes any portion of an easement, such easement may be
considered part of the lot for the purpose of computing the lot area and the yard
depth or width of the lot, provided that the depth of the rear yard of the lot shall not
be less than 6 metres.
3.11
FLOOD PLAIN DEVELOPMENT
Where a Zone is affixed with the symbol "F", the development or redevelopment of
any buildings or structures within this Zone shall be prohibited unless such
development is in compliance with a Site Plan Control Agreement which has been
properly registered as provided for under The Planning Act, as amended, and a
permit is obtained from the Conservation Authority.
3.12
WATERCOURSE, FLOOD PLAIN, SLOPE REGULATIONS
3.12.1
Notwithstanding anything in this By-law save and except for the provisions of
Section 3.26, Public Uses, or a building or structure used for the control of erosion
or flooding, no building or structure requiring a building permit or septic system tile
field shall be erected or placed in the following areas:
i)
Within thirty (30) metres of the high-water elevation of a watercourse or
environmental protection Zone, including a municipal drain, except where a
municipal drain and/or ditch forms part of a road allowance, notwithstanding
that such watercourse is not shown on any schedule forming part of this By-
law and in the case of a septic system tile field within 15 metres.
Notwithstanding the minimum setback distance herein, a shorter distance
may be permitted, without the need to amend this By-law, where permission
has been granted by the Conservation Authority or appropriate government
agency having jurisdiction, in a form, including studies and tests, suitable to
the Chief Building Official; and,
ii)
No building or structure shall be permitted in a flood plain unless permission
has been granted by the Conservation Authority or the appropriate
government agency having jurisdiction, in a form including studies and tests,
suitable to the Chief Building Official.
iii)
No permit shall be issued for any building to be constructed or septic system
tile field within any land situated within 15 metres of any top of bank, the
slope of which exceeds 33 percent from horizontal. Notwithstanding the
minimum setback distance herein, a shorter distance may be permitted,
without the need to amend this By-law, where permission has been granted
by the Conservation Authority or appropriate government agency having
jurisdiction, in a form, including studies and tests, suitable to the Chief
Building Official.
3.13
PLANTING STRIPS
3.13.1
Required Locations
Planting strips shall be required where a lot is used for a non-residential purpose,
and:
i)
The interior side lot line or rear lot line abuts residential use or land in a
Residential Zone; or
ii)
Where such a lot is in an Industrial Zone and the front, side or rear lot line
Abuts a street line and the opposite street line abuts a residential use or land
in a Residential Zone.
3.13.2
Width
Where, in any Zone, a planting strip is required, it shall have a minimum width of
3m, measured perpendicularly to the lot line adjoining such planting strip.
3.13.3
Vegetation Height in Sight Triangle
No vegetation within a sight triangle shall exceed a height of 1.0 metres.
3.13.4
Interruption for a Driveway or Walk
Where a driveway or walk extends through a planting strip, it shall be permissible
to interrupt the planting strip within 3 metres of the edge of such driveway or within
1.5 metres of the edge of such walk.
3.13.5
Landscaped Open Space
A planting strip referred to in this subsection may form part of any landscaped open
space required by this By-law.
3.14
SIGNS
Nothing in this By-law shall prevent the erection, alteration or use of any sign,
provided such sign complies with any by-law of the Corporation regulating signs
and provided such sign complies with the provisions of this By-law regarding sight
triangles.
3.15
ILLUMINATION
Light fixtures, which are not public uses and which are designed for exterior
illumination, shall be installed with the light directed downward and deflected away
from adjacent lots and streets. Such lighting fixtures shall not be more than 9
metres above finished grade and no closer than 4.5 metres to any street line.
3.16
CORNER LOTS
The front lot line shall be deemed to be either the shortest of the lot lines that abut
the streets or the lot line where the principal access to the lot is provided.
3.17
THROUGH LOTS
3.17.1
Where a lot which is not a corner lot has frontage on more than one street, the
setback and front yard requirements contained herein shall apply on each street in
accordance with the provisions of the Zone or Zones in which such a lot is located.
3.17.2
Special provisions applying to through lots are contained in Subsection 3.1,
"Accessory Uses, Buildings and Structures", Subsection 3.13 "Planting Strips" and
Subsection 3.41 "Parking of Special Vehicles".
3.18
STREET REQUIREMENT
No person shall erect any building or structure or use any lot in any Zone unless
access for vehicular traffic, in the form of an unobstructed driveway or passageway
at least 3.0 metres in width, is provided from such lot to a street that abuts the said
lot.
Notwithstanding Section 3.18 the erection if a building or structure may occur on
lots existing at the time of passing of this by-law and which abut the vehicular
accesses known as Eastdale Drive and Coastline Drive located adjacent to the
Nottawasaga Bay subject to Section 3.12 Watercourse, Flood Plain, Slope
Regulations and compliance with all other provisions of the Zoning By-law.
3.19
SERVICING REQUIREMENT
No building or structure, intended for human habitation or occupancy, may be
erected or used unless connected to:
i) Municipal sanitary sewers and/or water supply;
ii) Or in the absence of one or both of the above to alternative servicing which is
provided to the satisfaction of the approval agency having jurisdiction.
3.20
EXTERNAL BUILDING MATERIALS
The following building materials shall not be used for the exterior vertical facing on
any wall of any building or structure including fences, within the Corporation:
i)
Tar paper,
ii)
Building paper,
iii)
Asphalt roll type siding,
iv)
Particle board
3.21
MINIMUM LOT AREA
3.21.1
Subject to the provisions of Section 3.23, 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. However, larger area may be required by the approval agency having
jurisdiction.
3.21.2
No part of an Environmental Protection (EP) Zone shall be used to calculate any
lot area except as may be provided in Section 24.3.12 of the Rural (RU) Zone.
3.22
NON-CONFORMING USES
3.22.1
The provisions of this 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 date of passing of this By-law,
so long as it continues to be used specifically for that purpose.
3.22.2
The provisions of this By-law shall not apply to prevent the erection or use of a
building or structure for a purpose prohibited by this By-law for which a building
permit has been issued prior to the date of the passage of this By-law so long as
such building or structure, when erected, is used for the purpose for which it was
erected, and provided that the erection of such building or structure is commenced
within the time requirements as set out in the building permit and such building or
structure is completed within a reasonable time after the erection thereof is
commenced.
3.22.3
The exterior of any building or structure which was lawfully used prior to the
effective date of this By-law for a purpose not permissible within the Zone in which
it is located, shall not be enlarged, extended, reconstructed or otherwise
structurally altered, unless such building or structure is thereafter to be used for a
purpose permitted within such Zone, and complies with all requirements of this By-
law for such Zone.
3.22.4
The interior of any building or structure which was lawfully used for a purpose not
permissible within the Zone in which it is located, may be reconstructed or
structurally altered, in order to render the same more convenient for the existing
purpose for which such building or structure was lawfully used.
3.22.5
Nothing in this By-law shall apply to prevent the replacement or strengthening to a
safe condition of any building or structure or part thereof which has deteriorated to
an unsafe condition or has been damaged beyond the control of the owner, which
is occupied by a non-conforming use, provided such strengthening does not
change the location or increase the height, area or volume of the original building
or structure. Foundations are permitted provided that the foundation does not
exceed 1.8 metres in total height and does not provide for human habitation.
3.23
NON-COMPLYING LOTS, BUILDINGS OR STRUCTURES
3.23.1
Notwithstanding any other provision of this By-law, a lot held in distinct and
separate ownership on the date of passage of this By-law, except for a lot on a
registered plan deemed not to be a plan under The Planning Act, as amended,
having less than the minimum frontage and/or area required by this By-law, may
be used for a purpose permitted in the Zone in which said lot is located, provided
that all other applicable provisions in this By-law are complied with.
3.23.2
Where an authority possessing power of expropriation or acquisition or is
authorized pursuant to the provisions of The Planning Act acquires land and such
acquisition deprives a parcel of land in frontage or area, or a required setback to a
building or structure, the part of such parcel or required setback to such building or
structure so deprived, shall be deemed for the purpose of this By-law, to conform
to the provisions of this By-law.
3.23.3
No person shall replace or make an addition to any existing building or structure
which does not comply with the required yards of the Zone in which it is located.
However, the said building or structure may be replaced, repaired and/or renovated
provided that:
i)
The deterioration or damage was beyond the control of the owner;
ii)
Such replacement repair or renovation does not increase the height, area or
volume of the original building or structure. Foundations are permitted
provided that same does not allow for human habitation and that same
foundation does not exceed 1.8 metres in total height, and;
iii)
All other applicable zone and general provisions are complied with.
3.23.4
Notwithstanding Subsection 3.23.3, where a building is in a Residential Zone and
is located on a lot having less than the minimum front yard, side yard and/or rear
yard required by this By-law, an attached deck shall be permitted provided that the
said deck meets the provisions of Section 3.3, and that the deck is not covered or
enclosed in any way.
3.23.5
The interior of any building or structure may be reconstructed or structurally
altered.
3.23.6
Notwithstanding Subsection 3.23.3, an addition to an existing permitted dwelling
is permitted and for the purpose of this By-law the dwelling is deemed to comply
with the provisions of the Zone, provided that:
i)
The property is Zoned either Residential Type 1 (R1), Residential Type 2
(R2) or Rural (RU);
ii)
The encroachment of the dwelling into any required yard(s) of the Zone
shall not exceed 15% in each separate yard;
iii)
The encroachment of the dwelling must have been constructed prior to the
date of passing of this By-law;
iv)
That, if the dwelling was constructed after February 1975, a building permit
for same was issued;
v)
The dwelling on the property has a minimum of 70 square metres;
vi)
The dwelling is supported by a concrete footing and perimeter or
full foundation, and;
vii)
Any construction after the date of passing of this By-law including the
proposed extension complies to the setbacks of the Zone.
3.24
HOLDING ZONES
3.24.1
Within any Zone wherein the suffix "H" has been added to the Zone symbol, no
person shall use any land, erect, alter, enlarge, use or maintain any building or
structure for any use other than as permitted in Subsection 3.24.2, and also such
use, building or structure shall be in accordance with the regulations contained in
Subsection 3.24.3.
3.24.2
Permitted Uses:
i)
Agricultural use
Ii
conservation and wildlife sanctuary including a forestry use
iii)
Public park
iv)
Public use in accordance with the provisions of section 3.26
v)
Uses existing at the date of passing of this by-law in accordance with
subsection 3.24.3 below
vi)
Accessory buildings and uses to any permitted use in accordance with the
provisions of section 3.24
3.24.3
Zone Regulations
3.24.3.1
For an agricultural or conservation and wildlife use, the Zone provisions of the Rural
(RU) Zone, Section 24, shall apply.
3.24.3.2
A single detached dwelling unit shall comply with the provisions of Section 4,
Residential Type 1 (R1) Zone
3.24.3.3
A public park shall comply with the provisions of the Open Space (OS) Zone,
Section 22, shall apply.
3.24.4
Future Uses
For more detailed information in regard to the possible future permitted uses which
may occur within these Zones, reference should be made to the Official Plan of the
Town of Wasaga Beach.
3.25
PROHIBITED USES
3.25.1
Except as otherwise specifically permitted in this By-law, the following uses are
prohibited in any Zone:
i)
Abattoir;
ii)
Refining coal, oil or petroleum products;
iii)
Tanning hides or skins;
iv)
Manufacturing gas;
v)
Manufacturing glue;
vi)
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.
3.25.2
In addition to the uses prohibited in 3.25.1 of this Section, any use is prohibited
which, from the nature of the materials used therein is declared under The Public
Health Act or any regulations adopted thereunder to be a noxious trade, business
or manufacture.
3.25.3
In addition to the uses prohibited in 3.25.1 of this Section, all uses of land and the
erection or use of any building or structure for a purpose not permitted under the
"Permitted Uses" subsection of one or more Zones established by the 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 Section 3.26, Public Uses, hereof.
BL2020-48 3.25.4
Special Holding Provisions
Holding Provision One (H1)
That the lands zoned with a Holding provision one (H1) symbol shall be subject to
a Holding provision in accordance with Section 19.2.2 of the Official Plan of the
Town of Wasaga Beach and Section 3.24 of this By-law. The 'H1' Holding provision
may be removed in whole or in part upon satisfaction of the following conditions:
1. The execution and registration on titled of a Subdivision Agreement and full
compliance with said subdivision agreement; and,
2. Confirmation of available site servicing and that all services have been
constructed and are operational to the satisfaction of the Town.
3. In addition for Blocks 758, 759 and 760 confirmation is required from the
County of Simcoe that County waste collection services can be provided.
Holding Provision Two (H2)
That the lands zoned with a Holding provision two (H2) symbol shall be subject to
a Holding provision in accordance with Section 19.2.2 of the Official Plan of the
Town of Wasaga Beach and Section 3.24 of this By-law. The 'H2' Holding provision
may be removed in whole or in part upon satisfaction of the following conditions:
1. The execution and registration on titled of a Subdivision Agreement and full
compliance with said subdivision agreement;
2. Confirmation of available site servicing and that all services have been
constructed and are operational to the satisfaction of the Town; and,
3. The lots/blocks have been consolidated with an adjacent plan of subdivision
and/or have frontage on an open municipal road
4. In addition, for Lots 505-510 confirmation from the County of Simcoe that
County waste collection services can be provided.
Holding Provision Three (H3)
That the lands zoned with a Holding provision two (H3) symbol shall be subject to
a Holding provision in accordance with Section 19.2.2 of the Official Plan of the
Town of Wasaga Beach and Section 3.24 of this By-law. The 'H3' Holding provision
may be removed in whole or in part upon satisfaction of the following conditions:
1. The execution and registration on titled of a Subdivision Agreement and
full compliance with said subdivision agreement;
2. Confirmation of available site servicing and that all services have been
constructed and are operational to the satisfaction of the Town; and,
3. The holding provision as it relates to residential uses on Block 809 shall
not be lifted prior to a period of time no less than 9 years after the approval
of this by-law.
4. The holding provision as it relates to residential uses on Block 810 shall
not be lifted prior to a period of time no less than 7 years after the approval
of this by-law.
3.26
PUBLIC USES
3.26.1
General Permissions and Provisions
Public uses (public service facilities and infrastructure) are permitted in all zones
in this By-law, unless a specific zone provides further regulations therein.
Every public use shall comply with the General Provisions of this By-law as
contained in Section 3 hereof, and the provisions of the specific zone in which it is
located.
3.26.2
Public Infrastructure
3.26.2.1
Nothing in this By-law shall prevent the use of land in any zone for public
infrastructure, or private infrastructure that is intended to be assumed by a public
authority upon construction and certification, provided that the location of such
infrastructure has been approved by the Corporation.
3.26.2.2
Any telecommunications and electrical distribution company may, for the purposes
of the public service, use any land or erect, or use any building or structure in any
Zone. However, such use, building or structure shall be in compliance with the
regulations prescribed in such Zone. There shall be no exterior storage in yards of
goods, materials or equipment in any residential, mixed-use or transition,
institutional, rural, open space, or environmental protection Zone.
3.26.3
Provisions in Residential Zones
Any above ground non-recreational public use which is located in a Residential
Zone shall be enclosed in a building or structure designed, located and maintained
in general harmony with the permitted residential buildings in such Zone or shall
be suitably buffered.
3.26.4
Wayside Pits
Nothing in this By-law shall prevent a wayside pit or quarry or asphalt plant used in
connection with a public road authority contract.
3.26.5
Natural Heritage and Natural Hazard Protection
3.26.5.1
Any building or use constructed or established under the jurisdiction of a public
authority as a public use that is proposed to be located in the natural heritage
system in the Official Plan, and/or is zoned Environmental Protection (EP) or Open
Space (OS), shall be subject to the review of an environmental impact study (EIS)
to the satisfaction of the Town and/or the Conservation Authority, where applicable
in the policies of the Official Plan.
3.26.5.2
Any building or use constructed or established under the jurisdiction of a public
authority as a public use that is proposed to be located in a natural hazard
designation in the Official Plan and/or is zoned Environmental Protection (EP) or
Open Space (OS), shall be in conformity with the provisions contained within
Section 3.12 "Watercourse, Floodplain, Slope Regulations".
3.27
RESIDENTIAL USES AND OCCUPANCY OF BUILDINGS
3.27.1
No person shall erect or use any building as a dwelling upon any lot whereon there
exists, or is in the course of construction, or for which a building permit has been
issued, a building erected or used or intended to be used as a dwelling unless
otherwise specifically permitted by this By-law.
3.27.2
No building shall be used for human habitation before an Occupancy Permit has
been issued by the municipality under the Ontario Building Code Act.
3.28
ACCESSORY DWELLING UNITS IN RESIDENTIAL DWELLINGS
3.28.1
Locational Restrictions and Servicing Requirements
3.28.1.1
No person shall establish an attached accessory dwelling unit in a residential
dwelling in a Residential Zone, except in accordance with the provisions of this
Subsection of the By-Law. Attached accessory dwelling units in residential
dwellings shall be permitted only in the Zones indicated in this By-Law.
3.28.1.2
A maximum of one (1) attached accessory dwelling unit may be permitted in a
single-detached, link, semi-detached, or street townhouse dwelling unit in the
Residential Type One (R1) Zone, the Residential Type Two (R2) Zone, and the Residential
Type Three (R3) Zone, subject to compliance with the provisions of Subsection 3.28 of the
By-law.
3.28.1.3 Where a site-specific Zoning category limits the permitted uses to single-detached,
link, semi-detached or street townhouse dwelling units, or a combination thereof,
one (1) attached accessory dwelling unit may be permitted subject to compliance
with the provisions of this Subsection of the By-law.
3.28.1.4 An attached accessory dwelling unit shall not be permitted unless the entire
residential dwelling complies with all other applicable law, including but not limited
to the Ontario Building Code, as amended, and the Ontario Fire Code, as amended.
3.28.1.5 A detached accessory dwelling unit shall not be permitted in a detached building or
structure that is accessory to a permitted residential use unless a site-specific
Zoning By-Law Amendment for a temporary use has been approved by Council.
3.28.1.6
An attached accessory dwelling unit shall not be permitted on lands that are subject
to natural hazards such as a floodplain. Natural Hazard lands include but are not
limited to lands that are zoned Environmental Protection, Open Space, and lands
zoned with an 'F' suffix which signify floodplain in accordance with Subsection 3.11.
3.28.1.7
An attached accessory dwelling unit shall not be permitted in a residential dwelling
that is not connected to full municipal water and sanitary sewer services.
3.28.1.8
Despite anything in this By-law to the contrary, attached accessory dwelling units
shall not be permitted in residential dwelling units on properties that obtain street
access from and have lot frontage on a private street.
3.28.1.9
Accessory dwelling units that do not meet the criteria outlined in Subsection 3.28.1
shall require a site-specific Zoning By-law Amendment.
3.28.2
Provisions
3.28.2.1
The minimum dwelling unit area for an attached accessory dwelling unit shall be
37 square metres. Notwithstanding Section 27.64, entitled Dwelling Unit/Rental
Unit Area of this By-Law, the habitable area of the main dwelling and the attached
accessory dwelling unit may be located below grade in accordance with Subsection
3.28.2.8.
3.28.2.2
A main residential dwelling that contains an attached accessory dwelling unit shall
have a minimum dwelling unit area of 93 metres, exclusive of the accessory
dwelling unit.
3.28.2.3
An attached accessory dwelling unit shall not exceed 45% of the total gross floor
area of the main residential dwelling.
3.28.2.4
The minimum lot frontage for a street townhouse dwelling containing an attached
accessory dwelling unit shall be 10.3 metres, and the minimum driveway width
shall be 5.6 metres.
3.28.2.5
One additional parking space shall be required for an attached accessory dwelling
unit, in accordance with this Subsection of this By-law. Tandem parking shall be
permitted. All the parking areas required shall be provided on the lot for which
parking is required and shall not form part of any street or lane.
3.28.2.6
In addition to General Provision Section 3.38, for a residential dwelling containing
an attached accessory dwelling unit, the driveway width shall not be more than
55% of the width of the lot frontage, and a minimum of 45% of the front yard of the
residential dwelling unit shall be landscaped open space.
3.28.2.7
The construction of any attached accessory dwelling unit shall not permit exterior
alterations or additions that significantly change the appearance of the main
residential dwelling, including but not limited to new pedestrian entrance doors,
porches, or decks on a building façade facing a public street.
3.28.2.8
Any attached accessory dwelling unit, in its entirety, may be located in a basement
or cellar provided that:
a. The finished floor level of such basement or cellar is not below the level
of any sanitary sewer or storm sewer serving the building in which such
basement or cellar is located; and
b. The attached accessory dwelling unit complies with all applicable laws,
such as the Ontario Building Code Act, as amended.
3.28.2.9
An attached accessory dwelling unit shall not be permitted to contain a home
occupation, however the main residential dwelling unit may contain a home
occupation, provided that it complies with the provisions of Subsection 3.31 of this
By-Law.
3.28.2.10 Attached accessory dwelling units shall not be used as short-term accommodation
for the travelling or vacationing public.
3.28.3
Other Requirements
Notwithstanding the requirements of Subsection 3.28 above, no attached
accessory dwelling unit shall be permitted or authorized unless an Occupancy
Permit has been obtained subsequent to March 25, 2014, for a newly constructed
attached accessory dwelling unit, or to recognize an existing attached accessory
dwelling unit.
3.29
BED AND BREAKFAST
3.29.1
No person shall engage in a permitted bed and breakfast, except in accordance
with the following provisions:
3.29.2
The bed and breakfast shall be permitted only in the Zones indicated in this By-law
and shall be clearly accessory to the main residential use and shall not change the
residential character of the lot.
3.29.3
A dwelling containing a bed and breakfast must be the principal residence and
occupied on a full-time basis by the owner of the dwelling or a lessee who has a
minimum of a one-year lease.
3.29.4
No person other than a person residing in the residence containing the bed and
breakfast shall be employed except as is necessary for housekeeping purposes.
3.29.5
In a residential Zone, such bed and breakfast shall be contained within the dwelling
unit.
3.29.6
The bed and breakfast shall not have more than three rooms for overnight guest
purposes.
3.29.7
The guest rooms shall not contain kitchen facilities.
3.29.8
A bed and breakfast must provide sufficient room for vehicular parking on the
surfaced driveway of the property containing the bed and breakfast and no parking
shall be permitted on any public road.
3.29.9
No parking shall be permitted in an interior side yard unless a separation distance
of 0.9 metres is maintained from the side lot line and a minimum of sixty percent
(60%) of the front yard is maintained as landscaped open space.
3.29.10
At least one bedroom must be available for the exclusive use of the dwellings
principal resident(s).
3.29.11
Tandem parking shall be permitted.
3.29.12
A planting strip having a minimum height of 2.0 metres shall be provided and
maintained adjacent to the parking area and the neighbouring residential property.
In the case of parking in a rear yard, a planting strip or an opaque privacy fence of
2.0 metres in height shall be provided.
3.29.13
The bed and breakfast shall not create or become a nuisance, in particular, in
regard to noise, traffic or parking.
3.30
GROUP HOMES
Shall be permitted in all Residential, Rural and Institutional Zones. In addition to
the parking requirements of Section 3.38.9, one additional parking space shall be
provided for the maximum number of staff members required to be in attendance
at any one time. All the provisions of the respective Zones shall be complied with
and all residential and institutional structures used for group home purposes shall
be fully detached. A group home shall be separated from any other group home by
a minimum distance of 500 metres.
3.31
HOME OCCUPATION
No person shall engage in a permitted home occupation, except in accordance
with the following provisions:
3.31.1
The home occupation use shall be permitted only in the Zones indicated in this By-
law and shall be clearly accessory to the main residential use and shall not change
the residential character of the lot.
3.31.2
Not more than a total of three (3) persons shall be involved in the Home Occupation
of which no more than one (1) person shall be a non-resident of the dwelling.
3.31.3
No floor area devoted to the home occupation, including the storing of materials
and finished products, shall exceed more than 15 percent of the gross floor area
of the dwelling or 30 square metres whichever is the lesser, and shall be confined
to the dwelling on the lot and not in any attached or detached accessory building.
3.31.4
No retail sales may take place on the property or premises of the home occupation;
however, catalogue, mail order or telemarketing sales as ordered by the customers
of a local representative would be permitted.
3.31.5
The home occupation may permit the practice and teaching of arts, crafts, music
and/or academic subjects. A home occupation may permit a trade or business
provided that the service is conducted off-site. Servicing or repair of motor vehicles
shall not be permitted on site.
3.31.6
Teaching shall be limited to three (3) students being taught at any one time.
3.31.7
A home occupation involving clients must provide sufficient room for vehicular
parking on the surfaced driveway of the property containing the home occupation
and no parking shall be permitted on any public road.
3.31.8
There shall be no parking or storage of vehicles in the front yard or exterior side
yard other than on a surfaced driveway. The home occupation shall not create or
become a public nuisance, in particular, in regard to traffic, parking, noise,
vibration, fumes, odour, dust, glare or bright lights which is apparent or audible
from adjacent properties.
3.31.9
The home occupation shall not interfere with television, radio reception or electrical
service.
3.31.10
There shall be no external storage or display of goods and materials and the home
occupation shall not involve hazardous or toxic chemicals.
3.31.11
A Home Occupation - Holistic Practitioner, Home Occupation -Personal Services
and Pet Grooming shall be permitted and in addition to all other provisions of the
zoning by-law shall also be subject to Subsection 3.31.12.
3.31.12
In addition to the parking requirements of Section 3.38.9, the home occupation
parking requirements for a holistic practitioner, personal services and pet grooming
services shall be increased by 1 parking space. One holistic practitioner or one
personal service provider or one pet groomer may operate from the residence. No
employees or signage shall be permitted. Each home occupation listed within
Section 3.31.11 shall be separated by a distance of no less than 50 metres.
3.32
HOME INDUSTRY
No person shall engage in a permitted home industry, except in accordance with
the following provisions:
3.32.1
The home industry use shall be permitted only in the Zones indicated in this By-
law and shall be clearly accessory to the main residential use and shall not change
the character of the lot.
3.32.2
The owner of the home industry shall reside on the same property where the home
industry is located.
3.32.3
A maximum of three (3) persons other than a person residing in the residence
containing the home industry, shall be employed except as is necessary for
housekeeping purposes.
3.32.4
No floor area devoted to the home industry, including the storing of materials and
finished products, shall exceed more than 25 percent of the gross floor area of the
dwelling and accessory building or 75 square metres of an accessory building
located on the lot on which a dwelling is in existence.
3.32.5
The home industry may permit the practice and teaching of arts, crafts, music
and/or academic subjects. A home industry may permit a trade or business.
Servicing or repairing of motor vehicles shall not be permitted on site.
3.32.6
Teaching shall be limited to ten (10) students being taught at any one time.
3.32.7
No retail sales may take place on the property or premises of the home industry
other than items that have been crafted on the premises.
3.32.8
A home industry involving clients must provide sufficient room for vehicular parking
on the surfaced driveway of the property containing the home industry and no
parking shall be permitted on any public road. There shall be no parking or storage
of vehicles in the front yard or exterior side yard other than on a surfaced driveway.
3.32.9
The home industry shall not create or become a public nuisance, in particular, in
regard to traffic, parking, noise, vibration, fumes, odour, dust, glare or bright lights
which is apparent or audible from adjacent properties.
3.32.10
The home industry shall not interfere with television, radio reception or electrical
service.
3.32.11
There shall be no external storage or display of goods and materials and the home
industry shall not involve hazardous or toxic chemicals.
3.33
HOME MEDICAL OFFICE
3.33.1
No person shall engage in a permitted home medical office, except in accordance
with the following provisions:
3.33.2
The home medical office shall be permitted only in the Zones indicated in this By-
law and shall be clearly accessory to the main residential use and shall not change
the residential character of the lot.
3.33.3
A maximum of one person other than a person residing in the residence containing
the home medical office, shall be employed except as is necessary for
housekeeping purposes.
3.33.4
No more than 15 percent of the dwelling unit area shall be used for the purpose of
a medical office and shall be confined to the dwelling on the lot and not in any
attached or detached accessory building.
3.33.5
A home medical office involving clients must provide sufficient room for vehicular
parking on the surfaced driveway of the property containing the home medical
office and no parking shall be permitted on any public road. There shall be no
parking or storage of vehicles in the front yard or exterior side yard other than on
a surfaced driveway.
3.33.6
The home medical office shall not create or become a public nuisance, in particular,
in regard to traffic, parking, noise, vibration, fumes, odour, dust, glare or bright
lights which is evident from outside the dwelling unit.
3.33.7
The medical office shall not interfere with television or radio reception.
3.34
INTENTIONALLY LEFT BLANK
3.35
OUTSIDE STORAGE
3.35.1
Except as otherwise permitted in this By-law, no outside storage of goods or
materials shall be permitted in any Zone.
3.35.2
Where permitted, outside storage may be subject to site plan control under The
Planning Act, as amended, and without limiting the generality of the foregoing, may
include requirements in regard to the buffering and screening of the use from
adjacent uses.
3.36
OUTSIDE DISPLAY OF GOODS
3.36.1
In those Zones where the outside display of goods is permitted, the following
provisions shall be complied with.
3.36.2
Such outside display is accessory to a permitted commercial use carried on in an
enclosed building or portion thereof on the same lot.
3.36.3
The area used for outside display shall not be more than half of the main floor area
above grade of the commercial building or portion thereof of any building
constructed for which outside display and sale is permitted, and in any event, such
area for outside display and sale shall not be more than 10% of the lot area. The
maximum area for outside display and sale in the case of a motor vehicle sales or
rental establishment, an agricultural implement sales establishment, a trailer sales
and service establishment, a swimming pool sales and display establishment, a
nursery and garden centre and a marina shall be 80% including any buildings and
structures.
3.36.4
The area used for outside display shall provide side and rear yards in accordance
with the provisions for the Zone in which the land is situated, but in any event, shall
not be closer to any side or rear lot line than 3 metres and if the interior side lot line
or rear lot line of a lot upon which such outside display and sale is permitted abuts
a Residential Zone, then a landscaped open space area shall be provided along
such abutting lot line or portion thereof to a depth of not less than 3 metres.
3.36.5
The area used for outside display shall be in addition to and separated from the
required parking area.
3.36.6
The area used for outside display shall be surfaced and maintained with either
concrete, asphalt, crushed stone and/or other hard surface and dustless materials
or maintained as a lawn. The minimum landscaped open space requirement of the
Zone shall also apply.
3.37
TEMPORARY BUILDINGS AND STRUCTURES
3.37.1
In C, I or M Zones, where a temporary building or structure is necessary for the
storage of tools or materials for use in connection with the construction of the main
building, the accessory building or structure may be erected on the lot before the
erection of the main building, provided that a building permit is issued for the
temporary building or structure and the main building and further, provided that
such temporary building or structure shall be used only for the purpose of storage.
The size of the temporary building shall be appropriate to the construction
proposed. When the main building is ready for occupancy or the work abandoned,
the temporary storage building shall be removed. Such temporary structure shall
not include a truck van body or bus body.
3.38
OFF STREET PARKING REQUIREMENTS
3.38.1
Requirements
3.38.1.1
For every building or structure to be erected, altered, or its use converted to any of
the uses specified by the following, off-street parking facilities shall be maintained
upon the same lot on which the principle use is located and in accordance with the
following provisions contained in this section unless otherwise specifically
provided.
3.38.1.2
Downtown Wasaga Beach Parking Requirements
For parking requirements in Downtown Wasaga Beach, refer to Section 26.2.15 of
this by-law.
3.38.2
Location and Access
3.38.2.1
The required parking area shall not form a part of any street or lane. The required
parking area shall be provided on the lot occupied by the building, structure or use
for which the said parking is required.
3.38.2.2
Access to the required parking spaces and parking areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres in width. For
residential uses the maximum width of any driveway shall be 6 metres for dwellings
having no garage or single car garages, not more than 7.6 metres for double car
garages and not more than 9 metres for triple car garages. For uses within
commercial, industrial or institutional Zones the minimum width of any access
driveway shall be 6 metres but not more than 12 metres.
BL2020-48
3.38.2.3
Each parking space shall have a minimum area of 16.7 square metres and is not
less than 2.8 metres in width nor less than 5.5 metres in length. Parking space for
elementary and secondary schools shall have not less than 2.7 metres in width
and 5.5 metres long.
3.38.2.4
Unless otherwise permitted, each parking space shall be readily accessible at all
times and arranged in such a manner to provide access and maneuvering space
for the parking and removal of a motor vehicle without the necessity of moving any
other motor vehicle.
3.38.2.5
The aisles between parking spaces within a parking area shall have a minimum
width of 6m.
3.38.2.6
The minimum distance between two separate driveways on one lot, measured
along the street line, shall be 7.6 metres.
3.38.2.7
The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by such driveways, shall be 9 metres in
all Residential Zones and 15 metres in all other Zones.
3.38.2.8
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
3.38.2.9
Every lot shall be limited to the following number of driveways:
i)
Two driveways with a combined width not exceeding 30% of the lot frontage,
for the first 31 metres of lot frontage or portion thereof; and
ii)
One additional driveway for each additional 30 metres of lot frontage.
3.38.2.10 No driveway shall be established closer than 1.0 metre to a side lot line, provided
this shall not apply to prevent the establishment of abutting driveways along a
common lot line if their combined width does not exceed 9 metres.
3.38.3
Yards Where Permitted
3.38.3.1
Notwithstanding any yard provisions of this By-law to the contrary, uncovered
surface parking shall be permitted as follows:
Residential
All yards, except in the required front and
exterior side yards wherein parking shall be
limited to a properly surfaced driveway.
Institutional, Rural,
Open Space and
Commercial
All yards provided that no part of any parking
area, other than a driveway is located closer
than 1.5 m to any street line.
Industrial
Interior side and rear yards only, except for
visitor parking covering not more than 15% of
the yard area in which it is located, provided
that no part of any parking area, other than a
driveway is located closer than 1.5 m to any
street line.
3.38.4
Surface
3.38.4.1
Each parking area and driveway connecting the parking area with a street shall be
paved with an asphalt or concrete surface and be bounded by curbs, except that
in the case of a residential dwelling unit containing not more than three dwelling
units, such driveway shall, before being used, be constructed of one or more of the
following: crushed stone, asphalt, concrete and any other approved surface for a
combined depth of at least 15 centimetres and with provisions for drainage
facilities.
3.38.5
Addition to Existing Use
3.38.5.1
When a building or structure has insufficient parking as of the date of passing of
this By-law to conform to the requirements herein, this By-law shall not be
interpreted to require the deficiency be made up prior to the construction of any
addition. However, no addition may be built and no change of use may occur, the
effect of which would be to increase the deficiency.
3.38.6
Parking Exemption
3.38.6.1
Notwithstanding
the
provisions
of
Section
3.38.9,
"Minimum
Parking
Requirements", where an agreement between Council and the owner of a property
has been entered into pursuant to The Planning Act, as amended, exempting the
owner from the requirement to provide parking, only the number of parking spaces
as set out in the agreement are required to be provided and for the purpose of this
By-law, the property and use shall be deemed to comply with the zoning by-law in
this respect.
3.38.7
General Restrictions
3.38.7.1
A structure not more than 3 metres in height and not more than 4.5 square metres
in area may be erected in the parking area for the use of parking attendants.
3.38.7.2
No sign, other than directional signs and the name of the owner which shall not
exceed 0.9 square metres in total area shall be erected in any parking area.
3.38.7.3
No gasoline pump or other service station equipment shall be located or
maintained on any parking area.
3.38.7.4
Where non-residential off-street parking abuts a Residential Zone, a planting strip
of at least 1.0 metres in height shall be erected and maintained on or near the lot
line.
3.38.7.5
Where a parking area or parking space is permitted or required by this By-law in
any Residential Zone, no person shall use such parking area or parking space for
any motor vehicle unless such motor vehicle has affixed thereto a license plate or
sticker which is currently valid.
3.38.8
Interpretation
3.38.8.1
Where the application of ratios results in a fraction of a parking space, the required
number of spaces shall be rounded up to the closest whole number.
3.38.8.2
Where parking requirements are related to seating capacity and seating is by open
benches, each 0.5 metres of open bench shall be counted as one seat.
3.38.8.3
When a building, structure or lot accommodates more than one type of use as set
out in Section 3.38.9, the parking space requirement for such a building, structure
or lot shall be the sum of the requirements for the separate uses thereof.
3.38.9
Minimum Parking Requirements
USE
MINIMUM PARKING REQUIRED
Agricultural
Cannabis
1 space per 37 square metres of
gross floor area
Cultivation Site
Attached Accessory
Dwelling Unit
1 parking space in addition to the
minimum parking requirements of
the primary residential use
Amusement Park
1 space per
dedicated to
the park
37 sq.m of area
Business, Professional
Offices, Financial
Services and Public
Buildings
1 space per 18 sq.m of gross floor
area. A minimum of 4 spaces must
be provided for each use
Bowling Alley and
Curling Rinks
4 spaces per bowling lane or curling
sheet, plus 1 space per 18 sq. m. of
floor area of
an accessory use
Bed and Breakfast and
Boarding House
2 spaces per dwelling unit plus 1
space per guest room
Campground
1 space per site plus 0.2 spaces per
site for visitor parking
Car Wash - self serve
- automatic
2 spaces per stall
5 spaces per stall
Child Care Centres
BL2020-48
2 per classroom
Day Care Nursery
1 space per 18 sq.m of gross floor
area
Driving Range
1 space per tee plus 2 additional
spaces
Fire, Ambulance
and
Police Stations
1 space per 30 sq.m of gross floor
area
Funeral Home
1 space for each 5 chapel seating
with a minimum of 10 spaces
Golf Course
25 spaces per 9 holes
Group Home
2 spaces, plus 1 space per three
resident bedrooms
Home Industry
2 spaces plus 1 space per 14 sq.m
of gross floor area dedicated to the
home industry and that a minimum
of three spaces shall be provided
Home Medical Office
2 spaces plus 1 space per 9.25 sq.m
of gross floor area dedicated to the
home medical office and that a
minimum
of
7
spaces,
which
includes the residential requirement,
shall be provided
Home Occupation
2 spaces plus 1 space per 14 sq.m
of gross area dedicated to the home
occupation
Hospitals, Nursing and Rest
Homes
0.75 parking space per bed
Manufacturing and Industrial
Buildings
1 space per 37 sq.m of gross floor
area
Medical Office
The greater of 5 spaces per practitioner or 1
space per 18 sq.m of gross floor area
Miniature Golf and Golf Driving
Range
1 space per tee for driving range and
1 space per miniature golf tee
Mini-storage warehouse
The greater of 1 space per 25 units
or 5 spaces
Places of Assembly such
as Auditoriums, Halls,
Lodges, Union Halls,
Dance Halls, Community
Centres and other places of
Public Assembly
1
space
for
each
4
persons
maximum design capacity
Place of Worship
1 space per 9 sq.m of public floor
area
Post Office, Museums, Art
Galleries and Libraries
1 space per 18 sq.m of public floor
area
Public Service Facilities
1 space per 30 sq.m. of gross floor
area or 1 space per 5 persons
maximum design
capacity,
whichever is the lesser
Recreational
Establishments other than
listed herein
1 space per 18 sq.m of gross floor
area.
Residential Uses
2 parking spaces per dwelling unit
Residential Apartment
Uses
1.75 parking spaces per dwelling
unit
Restaurant and
Restaurant, Take-out
1 space per 18 sq.m of gross floor
area and a minimum of 4 spaces
shall be provided
Restaurant, Drive-in
14 spaces
Retail Store, Merchandise or
Personal Service Shop
1 space per 18 sq.m of gross floor
area and a minimum of 4 spaces
shall be provided for each use.
Retail Lumber and Building
Supply Outlets
1 space per 18 sq.m of retail floor
area with a minimum of 6 spaces
School, elementary
BL2020-48
- Two (2) spaces per classroom
- A portable classroom counts as
one (1) classroom
School, secondary, college,
university
3 spaces per classroom plus 1
space per office, plus 1 space per 3
sq.m of floor area of the gymnasium,
or 1 space per 5 sq.m of gross floor
area in the auditorium
School, Secondary
BL2020-48
-
Parking is required in Accordance
with the On the Ground Capacity of
a school (OTG). OTG is defined by
the Ministry of Education
-
There parking calculations includes
OTG plus pupil loading up to
portables
OTG
Space
Barrier
Free
0-400
80
4
401-700
100
5
701-1000
150
6
10011500
200
7
1501-2000
250
8
2001-2500
300
9
- A portable classroom counts as
one classroom
Tavern
1 space per 18 sq.m of gross floor
area and a minimum of 4 spaces
shall be provided
Tourist Establishment
1.25 spaces per guest room plus 1
space per 14 sq.m of gross floor
area of each office, tavern, dining
room and meeting
room
All Non-residential Uses not
mentioned above
1 space per 18 sq.m of gross floor
area
3.38.9.1
Intentionally Left Blank
3.38.9.2
Mosley Square Parking Requirements
Mosley Square, being the area fronting on Dunkerron Avenue and Mosley Streets,
between 18th Street and 24th Street, the parking requirements for all commercial
uses, other than accommodation facilities, shall be one space per 18.5 square
metres of gross floor area.
3.38.9.3
Large Commercial Parking Requirements
(2007-42)
(2009-04)
Parking requirements for commercial uses with a gross floor area greater than
2,090.25 square metres shall be one space per 20 square metres of gross floor
area.
3.38.9.4
Motor Vehicle Parking Requirements To Serve Disabled Persons
(2007-65)
(2009-05)
3.38.9.4.1 Inclusive of the requirements for off street parking facilities the following shall be
provided for the exclusive use of vehicles operated by or conveying physically
disabled persons displaying a valid disabled parking permit:
3.38.9.4.2 USE OR PURPOSE
PARKING REQUIREMENT
i) Auditorium, Place of Worship
1/60 seats to a maximum of 20 spaces
ii) Hospital, Nursing Home, Rest Home
1/20 beds
iii) All other uses shall be in accordance with the following:
Total number of Parking
Spaces Required
Minimum Number of Parking
Spaces Required for Persons with
Disabilities
5-10
1
11-20
2
21-50
3
51-90
4
91-190
5
191-290
6
291-390
7
391-490
8
iv) Where a medical office use is proposed in a building to be constructed one (1)
additional disabled parking space shall be required in addition to the
requirements within the above chart.
3.38.9.4.3 Dimensions And Location of Parking Spaces Serving Disabled Persons
i) Disabled parking spaces shall have a minimum width of 4.3 metres, a minimum
depth of 5.5 metres, and a vertical clearance of 3.0 metres and be located in
close proximity to building entrances, accessible ramps, walkways and
elevators.
ii) At least one disabled parking space shall have a minimum width of 5.5 metres,
a minimum length of 5.5 metres, a vertical clearance of 3.0 metres and be
marked "Wheelchair Vehicle Only". Where this parking space is located beside
a fully depressed curb or pedestrian aisle with a width of 1.6 metres, the
minimum width of such parking space shall be 4.3 metres. Where only one
parking space is required to serve disabled persons, the parking space shall not
be required to be marked "Wheelchair Vehicle Only".
3.39
OFF STREET LOADING REQUIREMENTS
(2009-51)
3.39. 1 The owner or occupant of any lot, building or structure erected or used for any
purpose, other than a farm, involving the receiving, shipping, loading or unloading
of persons, animals, goods, wares, merchandise or raw materials, shall provide
and maintain on the premises, facilities comprising one or more spaces at least 9
metres long 3 metres wide and having a vertical clearance of at least 4.5 metres
and in accordance with the following:
GROSS FLOOR AREA COMMERCIAL BUILDING
OR STRUCTURE
MINIMUM LOADING
SPACES REQUIRED
Uses of less than 100 sq.m
0
Exceeding 100 sq.m but not more than
1000 sq.m
1
Exceeding 1000 sq.m
2
GROSS FLOOR AREA INDUSTRIAL
BUILDING OR STRUCTURE
MINIMUM LOADING
SPACES REQUIRED
Uses of less than 300 sq.m
1
Exceeding 300 sq.m but not more than
2,300 sq.m
2
Exceeding 2,300 sq.m but not more than
7,400
sq.m
3
Exceeding 7,400 sq.m
3
plus
1
for
each
additional 9,000 sq.m
of gross floor area
3.39.2
Location
The required loading spaces shall be provided on the lot occupied by the building
or structure for which the said loading spaces are required and shall not form a
part of any street or lane.
3.39.3
Surface
In a commercial Zone, driveways and loading spaces shall be constructed of
asphalt or concrete. In an industrial Zone, they shall be constructed of crushed
stone, slag, gravel, crushed brick or tile, cinders, asphalt, concrete, or Portland
cement binder, for a combined depth of at least 15 centimetres and with provisions
for drainage facilities. The driveways and loading spaces shall be maintained with
a stable surface that is treated so as to prevent the raising of dust or loose particles.
3.39.4
Yards Where Permitted
3.39.4.1
For any commercial use, the required loading spaces shall be located in an interior
side yard or rear yard provided such loading spaces are located no closer than 3
metres to any Residential Zone or use, or 1.5 metres to any lot line.
3.39.4.2
For any industrial use, no loading space or part thereof shall be located and no
land shall be used for loading purposes within 3 metres of any lot line, or within 15
metres of any street line or boundary of any Residential Zone, or within 7.6 metres
of the lot line of a lot used for or intended to be used for residential purposes.
3.39.5
Access
Access to loading spaces shall be by means of a driveway at least 6 metres 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.
3.39.6
Insufficient Spaces
When a building or structure has insufficient loading spaces as of the passing of
this By-law, to comply with the requirements herein, this By-law shall not be
interpreted to require that the deficiency be made up prior to the construction of
any addition. However, no addition may be built and no change in use may occur,
the effect of which would be to increase that deficiency.
3.40
PARKING OF COMMERCIAL VEHICLES
3.40.1
Any area where off street parking is permitted under this By-law shall only be used
for the parking of operating vehicles bearing a valid motor vehicle license plate,
and for vehicles used in operations incidental to the permitted uses in respect of
which such parking spaces and area are required.
3.40.2
Notwithstanding the foregoing, the owner or occupant of any lot, building or
(2011-89) structure in any Residential Zone may use the lot or any private garage of which
he is the owner or occupant, erected upon any such lot, for the housing or storage
of one commercial motor vehicle which he operates himself, which does not
exceed 8000 kilograms gross vehicle weight and which does not employ an
airbrake system.
3.41
PARKING OF SPECIAL VEHICLES
3.41.1
No person shall use any lot in any Zone for the purpose of parking or storing a
house and/or park model trailer, motor home, commercial trailer, auto trailer, boat
and/or boat trailer except in accordance with the provisions of this section or as
provided elsewhere in this By-law.
3.41.2
For the purpose of this section, "auto trailer" shall mean a trailer, enclosed or
unenclosed, designed to transport a single car and such other equipment, up to a
maximum length of 13.4 metres from the rear to the front inclusive of the tongue
or fifth wheel connection.
3.41.3
In a Rural Zone, the parking or outside storage of a house trailer, a motor home,
an (2007-85) auto trailer, a commercial trailer, a boat and/or boat trailer is
permitted only where such use:
i)
Is accessory to an existing permitted use;
ii)
Is located in the rear or side yard;
iii)
Meets the minimum setbacks for accessory buildings in the applicable
zone;
iv)
Is limited to a maximum of one each of the following: a house trailer, a motor
home, a commercial trailer, an auto trailer, a boat and/or boat trailer
provided that the lot on which the vehicles are stored is greater than 1
hectare in area;
v)
Is limited to a maximum of two special vehicles consisting of either a house
trailer, a motor home, a commercial trailer, an auto trailer, a boat and/or
boat trailer provided that the lot on which the vehicles are stored is 1
hectare in area or less;
vi)
A boat and boat trailer when used together shall be considered one vehicle
3.41.4
In a Residential Zone, the parking or outside storage of a house trailer, a
(2007-85)
motor home, an auto trailer, a boat and/or boat trailer is permitted only where
such use:
i)
Is accessory to an existing permitted use;
ii)
Is located in the rear or side yard;
iii)
Meets the minimum setbacks for accessory buildings in the applicable zone;
iv) Is limited to a maximum of two special vehicles consisting of either a house
trailer, a motor home, an auto trailer; a boat and/or boat trailer;
v)
Such house trailer, motor home, auto trailer, boat and/or boat trailer shall not
exceed 7 metres in length exclusive of hitch or tongue and/or 2.6 metres in
width; the length of a boat shall be determined by measuring from the furthest
point of the bow (front) not including any bowsprit or removable devices, to
the furthest point of the stern (rear) including any molded swim platform but
not including any stern drive or motor or removable devices. The width of a
boat shall be measured from the widest portion of the hull between the port
and starboard side. The size of any boat may be confirmed by the
presentation of registration documents and reference to the longest or widest
measurements recorded within that document;
vi) A boat and boat trailer when used together shall be considered one vehicle.
The length or width of this vehicle shall be deemed to be the longest or widest
measurement of either the boat or the boat trailer.
vii) For residential waterfront properties, the storage of special vehicles may be
permitted in the front yard provided the stored special vehicle maintains a
minimum front yard setback of 7.6 metres, and a minimum interior side yard
setback of 1.8 metres or exterior side yard setback of 4.5 metres. Further the
items shall be subject to Subsections 3.41.1 i), iv), v) and vi).
3.41.5
Notwithstanding Subsection 3.41.4, in a Residential Type 3 (R3) Zone or a
Residential Type 4 (R4) Zone, the parking or storing of a house and/or park model
trailer, a motor home, an auto trailer, a boat and/or boat trailer is only permitted
within a fully enclosed building.
3.41.6
The provisions of Subsection 3.41.4 shall apply to an accessory residential use in
a Non-Residential Zone.
3.41.7
In any Residential Zone, the parking or outside storage of commercial trailers is
not permitted except where permitted elsewhere in this By-law.
3.41.8
In all Zones, human habitation is prohibited in a commercial trailer, auto trailer,
boat, boat trailer, house and/or park model trailer or motor home unless otherwise
permitted.
3.41.9
Notwithstanding the preceding subsections, the limitations imposed therein shall
not restrict the number of house and/or park model trailers, motor homes,
commercial trailers, auto trailers, boats and/or boat trailers that are fully enclosed
within a private garage.
3.41.10
Notwithstanding the preceding subsections, the parking or storage of an auto
(2007-85) trailer, house trailer, motor home, boat or boat trailer may be permitted in a
Residential or Rural Zone for a maximum period of 5 days in any one calendar
month in a front yard or exterior side yard, provided that such lot is not used for
apartment dwelling purposes.
3.41.11
In a Residential Zone, the temporary parking of an auto trailer, a house trailer, a
motor home, a boat, and an all-terrain vehicle in the front yard on the driveway, is
permitted from April 1st to October 31st and the temporary parking of up to two
snowmobiles is permitted from November 1st to March 31st only where such use:
i)
Is accessory to an existing permitted use;
ii)
Is limited to a maximum of one at any time in the case of an auto trailer, a
house trailer, a motor home, a boat and an all-terrain vehicle and a
maximum of two snowmobiles;
iii)
In the case of a boat, all-terrain vehicle or snowmobile (2) these shall be
located on a trailer with an affixed number plate as defined by the Highway
Traffic Act R.S.O. 1990 C.H. 8 as amended Section 7(4) and registered
with the Ministry of Transportation;
iv)
All of the above are subject to Subsection 3.41.4v).
3.42
TOURIST ESTABLISHMENT GUEST ROOM LOCATION
No guest room within a Tourist Establishment shall be located below the first floor
unless such establishment has a minimum of five attached guest rooms that are
accessed by an interior corridor.
SECTION 4 - RESIDENTIAL TYPE 1 (R1) ZONE
4.1
No person shall within any Residential Type 1 (R1) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
4.2
PERMITTED USES
4.2.1
Residential Uses:
a)
Single detached dwelling unit;
b)
One (1) attached accessory dwelling unit, subject to subsection 3.28.
4.2.2
Non-Residential Uses:
a)
Accessory use directly related to the uses permitted in the R1 Zone;
b)
Home occupation;
c)
Public use;
d)
Bed and breakfast.
4.3
ZONE PROVISIONS
4.3.1
Lot Area (minimum):
a)
Lot served by a public water system;
And a sanitary sewer system;
464.5 sq.m
b)
Lot served by a public water system;
1,400 sq.m
c)
Other lots.
1,860 sq.m
4.3.2
Lot Frontage (minimum):
a)
Lot served by a public water system;
And a sanitary sewer system;
12 m
b)
Lot served by a public water system;
22m
c)
Other lots.
30m
4.3.3
Front Yard Depth (minimum):
6m
4.3.4
Exterior Side Yard Width (minimum):
4.5m
4.3.5
Interior Side Yard Width (minimum):
1.8m
4.3.6
Rear Yard Depth (minimum):
7.6m
4.3.7
Dwelling Unit Area (minimum):
93 sq.m
4.3.8
Landscaped Open Space (minimum):
30%
4.3.9
Lot Coverage (maximum):
35%
4.3.10
Height of Building (maximum):
10m
4.3.10.1
(2007-17)
A single detached dwelling will be restricted to two storeys but
may have a loft or living space located within the pitched roof
area/attic of the said dwelling.
4.3.11
Dwelling Units per Lot (maximum):
a)
Single-detached dwelling
1
b)
Attached accessory dwelling unit
1
4.3.12
Accessory Uses see Section 3.1
4.3.13
Parking Provisions see Section 3.38
4.3.14
Attached Accessory Dwelling in Residential Dwellings
(See Subsection 3.28)
4.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular R1 Zone except as noted.
4.4.1
R1-1 Zone
4.4.2
R1-2 Zone
Schedule "B"
The front yard depth minimum shall be 5.7 m.
4.4.3
R1-3 Zone
A home medical office shall also be permitted.
4.4.4
R1-4 Zone
Schedule "H"
The front yard depth minimum shall be 1.2 m; the north interior side yard width
minimum shall be 0.6 m; the rear yard depth minimum shall be 1.2 m.
4.4.5
R1-5 Zone
Schedule "H"
The rear yard depth minimum shall be 10.6 m.
4.4.6
R1-6 Zone
Schedule "H"
A bed and breakfast shall also be permitted and the exterior side yard width
minimum shall be 1.8 m.
4.4.7
R1-7 Zone
Schedule "I"
The front lot line shall be the north lot line for the purpose of yards only and the
Rear Yard Depth (minimum), as it applies to the south rear yard, shall be 12 m.
4.4.8
R1-8 Zone Schedule "P"
The minimum lot frontage shall be 15.2 m.
4.4.9
R1-9 Zone Schedule "P"
The minimum lot frontage shall be 18.2 m.
4.4.10
R1-10 Zone Schedule "I"
The minimum lot area shall be 380 square metres.
4.4.11
R1-11 Zone Schedule "I"
The minimum lot frontage shall be 7.6 metres; the minimum interior side yard
depth, as it relates to the north and south interior side yards only, shall be 7.6
metres; and, the minimum rear yard depth shall be 1.8 metres.
4.4.12
R1-12 Zone Schedule "I"
The minimum front yard depth shall be 2.4, the minimum interior side yard
depth, as it relates to the north and south interior side yards only, shall be 7.6
metres; and, the minimum rear yard depth shall be 1.8 metres.
4.4.13
R1-13 Zone Schedule "A"
The lot area minimum shall be 410 square metres; the lot frontage minimum
shall be 15 metres; the front yard depth minimum shall be 4.5 metres and 6
metres from any attached garage; the exterior side yard width minimum shall be
3 metres and lot coverage maximum shall be 43%. For the purpose of this
section a private street shall be deemed to be a public street. For those lots with
two side lot lines backing onto the shoreline of Nottawasaga Bay, no buildings
or structures shall be located within 7.6 metres of a rear lot line; no fence shall
be permitted along a rear lot line and no fence shall encroach within 6 metres
of a rear lot line. In addition to the list of permitted Non-Residential Uses, a
private clubhouse shall be permitted.
4.4.14
R1-14 Zone Schedule "H"
A Bed and Breakfast use and an accessory building with the installation of
plumbing shall be permitted. Such accessory building shall not exceed 28
square metres in area and shall not be used or human habitation.
4.4.15
R1-15 Zone Schedule "T"
The front yard depth minimum shall be 12.0 metres.
4.4.16
R1-16 Zone Schedule "C"
The minimum front yard depth shall be 10 m and the front wall of an attached
garage shall project no more than 1m beyond the front wall of the habitable area
of the dwelling.
4.4.17
R1-17 Zone Schedule "E"
A rest home shall also be permitted. The maximum number of residents shall
be eight (8).
4.4.18
R1-18 Zone Schedule
A bed and breakfast use shall also be permitted and the maximum driveway
width shall be 8.4 metres.
4.4.19
R1-19 Zone Schedule "T"
The minimum separation requirement of Zoning By-law 2003-60 for a driveway
setback from a street line shall be 7.0 metres.
4.4.20
R1-20 Zone Schedule "T"
The minimum interior side yard width shall be 1.35 metres.
4.4.21
R1-21 Zone
The use permitted shall be non-residential and shall be restricted to a Private
Community Centre.
4.4.22
R1-22 Zone Schedule "F"
The minimum lot area shall be 585 sq.m. The Minimum Lot Frontage shall be
18 metres. The minimum Exterior Side Yard shall be 4.0 metres, except where
the front elevation of a garage faces a street-line, in which case the Exterior Side
Yard to the garage shall be 6 metres. The maximum distance from the main wall
of the dwelling unit to the front elevation of a garage shall be 1.5 metres. The
minimum Interior Side Yard shall be 1.5 metres. The maximum Lot Coverage
shall be 40%.
4.4.23
R1-23 Zone Schedule "T"
The minimum front yard setback requirement shall be 5.3 metres, the minimum
exterior side yard setback requirement shall be 2.1 metres, and the minimum
interior side yard setback shall be .8 metres.
4.4.24
R1-24 Zone Schedule "S"
A 2.0 metre wide planting strip consisting of existing vegetation shall be required
along the east interior side lot line.
4.4.25
R1-25 Zone Schedule "R"
Permitted residential uses shall be limited to single-detached dwelling units;
Section 4.3, Zone Provisions, applies to the lands zoned R1-25, except where
specifically identified below:
Minimum lot depth shall be 30 metres; Minimum lot area shall be 360 square
metres; Minimum front yard depth shall be 4.0 metres to the building face and
side of an attached garage and 6.0 metres to the front of an attached garage;
Where a garage is attached to a residential dwelling unit, the maximum
projection of the face of the attached garage from the building face shall be 2.4
metres; Minimum exterior side yard width shall be 4.0 metres to the building face
and 6.0 metres to the front of an attached garage; Minimum interior side yard
width shall be 1.2 metres to the building face and to the rear or side of an
attached garage and 8.0 metres to the front of an attached garage when garage
is facing the side yard; Minimum rear yard depth shall be 7.5 metres to the
building face and 0.6 metres to the garage wall of a detached garage in the rear
lot; Minimum landscaped open space shall be 30%;Maximum lot coverage shall
be 55%; Maximum driveway width for single-detached dwelling units shall be
6.0 metres; Maximum height of building for single-detached dwelling units
shall be 11.0 metres; Minimum outdoor amenity space excluding the driveway
for single-detached dwelling units shall be 90 square metres per unit and having
no dimension less than 6.0 metres; and one (1) attached accessory dwelling unit
per lot, subject to Subsection 3.28.
Notwithstanding the General Provisions, Section 3.3.4 and 3.3.6 to the contrary,
the following provisions shall apply: porches/verandas shall be permitted to
encroach by sixty (60%) percent and steps by eighty (80%) percent into any
required front or exterior side yard setback depth. Porch/verandas shall not be
subject to nor restricted to a maximum area size. Maximum height of
porch/verandas and steps within permitted encroachment shall be 1.6 metres.
4.4.26
R1-26 Zone Schedule "O"
Notwithstanding Subsection 3.18 of the Zoning By-law, the existing single
detached dwelling may be enlarged.
4.4.27
R1-27 Zone Schedule "G"
Notwithstanding Sections 3.1.2 and 3.18, the maximum lot area that shall be
used by detached accessory buildings is 98 square metres, and the maximum
horizontal dimension of a detached accessory building shall be 9.2 metres. A
building or structure may be constructed on a lot which does not have frontage
on a municipal street.
4.4.28
R1-28 Zone Schedule "F"
The minimum lot area shall be 585 square metres; the minimum lot frontage
shall be 18 metres; the minimum exterior side yard shall be 4 metres, except
where the front elevation of a garage faces a street-line, in which case the
exterior side yard to the garage shall be 6 metres; the maximum distance from
the main wall of the dwelling unit to the front elevation of a garage shall be 1.5
metres; the minimum interior side yard shall be 1.5 metres; the maximum lot
coverage shall be 40%; notwithstanding General Provision 3.9.1 and the exterior
side yard provisions of the R1.28 Zone, for corner lots at the intersection of a
collector road and a local road where the conveyance of a 10 metre by 4 metre
daylighting triangle affects the proposed building envelope, the exterior side yard
setback shall be measured from a line created by projecting the lot line to the
point of intersection of the two street lines, rather than the new lot line created
by the dedication of the daylighting triangle.
4.4.29
R1-29 Zone Schedule "F"
The minimum lot area shall be 585 square metres; the minimum lot frontage
shall be 18 metres; the minimum exterior side yard shall be 4 metres, except
where the front elevation of a garage faces a street-line, in which case the
exterior side yard to the garage shall be 6 metres; the maximum distance from
the main wall of the dwelling unit to the front elevation of a garage shall be 1.5
BL2020-53
metres; the minimum interior side yard shall be 1.5 metres; the maximum lot
coverage shall be 40%.
4.4.30
R1-30 Zone Schedule "G"
In addition to Section 4.3, Zone Provisions, the following applies to the lands
zoned R1-30:
A maximum of four existing accessory structures are permitted; the minimum
side yard setback from the north interior lot line for existing accessory structures
shall be .44 metres and the minimum interior side yard setback from the
southern interior lot line for existing accessory structures shall be .9 metres; the
minimum rear yard setback for existing accessory structures shall be .86 metres;
the accessory structures shall not be connected to any private or municipal
water and sewer services, shall not contain plumbing fixtures, may be used for
storage or sleeping quarters only and shall not be used as a tourist
establishment.
4.4.31
R1-31 Zone Schedule "H"
Notwithstanding Subsection 3.18 Street Requirements of the Zoning By- law,
buildings and structures may be erected on lands that do not front onto a
municipal street.
4.4.32
Intentionally Left Blank
4.4.33
Intentionally Left Blank
4.4.34
R1-34 Zone Schedule "T"
Notwithstanding the provisions of Section 4 the minimum lot area requirement
shall be 400 square metres. Notwithstanding the provisions of Section 3.3 steps
may project a maximum distance of 2.4 meres into a required front yard and a
deck greater than 0.6 meres in height may project 1.2 metres into a required
front yard.
4.4.35
R1-35 Zone Schedule "B"
Permitted residential uses shall have a minimum Lot Area of 385 m2, the
minimum Lot Frontage shall be 11.5 m and the Interior Side Yard Width shall be
1.15 m for single detached dwelling units serviced by a public water and sanitary
sewer systems. The maximum Lot Coverage, for lots having frontage along 62nd
Street South, shall be 45%.
Notwithstanding the General Provision 3.3.4 and 3.38.2.7 to the contrary, the
following provisions shall apply: Porches/Verandas shall be permitted to project
into any required front or rear yard, where a lot has frontage onto
62nd Street South, by 1.5 m into the Front Yard to maximum area of 6 m2; and
the minimum distance between a driveway and a boundary line of a sight triangle
measured along the street line intersected by such driveway, shall be
2.0 metres.
BL2021-59
BL2021-59
BL2021-59 &
BL2023-17
BL2023-25
4.4.36
R1-36 Zone Schedule "P"
Minimum Lot Area shall be 390 square metres;
Minimum Interior Side Yard Width shall be 1.2 metres;
Maximum lot coverage shall be 48%.
Only those dwellings with double car garages will be permitted to have an
accessory dwelling unit in the residential dwelling.
In addition to General Provision Section 3.38, for the purposes of the lots zoned
as R1-36 and containing a residential dwelling containing an attached accessory
dwelling unit, the driveway width shall not be more than 60% of the width of the
lot frontage, and a minimum of 40% of the front yard of the residential dwelling
unit shall be landscaped open space.
4.4.37
R1-37 Zone Schedule "P"
Minimum Interior Side Yard Width along the south property line shall be 2 metres,
and the other interior side yard width shall be 1.2 metres;
Maximum lot coverage shall be 48%.
Only those dwellings with double car garages will be permitted to have an accessory
dwelling unit in the residential dwelling;
In addition to General Provision Section 3.38, for the purposes of the lots zoned as
R1-37 and containing a residential dwelling containing an attached accessory
dwelling unit, the driveway width shall not be more than 60% of the width of the lot
frontage, and a minimum of 40% of the front yard of the residential dwelling unit shall
be landscaped open space.
4.4.38
R1-38 Zone Schedule "P"
Minimum Interior Side Yard Width along the north property line shall be 2 metres,
and the other interior side yard width shall be 1.2 metres;
Maximum lot coverage shall be 48%.
Only those dwellings with double car garages will be permitted to have an
accessory dwelling unit in the residential dwelling.
In addition to General Provision Section 3.38, for the purposes of the lots zoned
as R1-38 and containing a residential dwelling containing an attached accessory
dwelling unit, the driveway width shall not be more than 60% of the width of the
lot frontage, and a minimum of 40% of the front yard of the residential dwelling
unit shall be landscaped open space.
4.4.39
R1H-39 Zone Schedule "P"
The maximum lot coverage shall be 50%; the minimum rear yard setback shall
be 7 metres for lots less than 30 metres in depth; the minimum interior side yard
setback shall be 1.2 metres; and the maximum building height shall be 11.5
metres.
Porches shall be permitted to encroach a maximum of 1.8 metres within the front
yard, and shall not exceed an area of 35 square metres. Porches shall be
permitted to encroach a maximum 1.8 metres within the rear yard, and shall not
exceed an area of 35 square metres. Porches shall be permitted to encroach a
maximum of 1.8 metres within the exterior side yard, and shall not exceed an
area of 35 square metres;
The Holding 'H' Provision may be lifted from the subject lands upon the following:
a) Execution of a Subdivision Agreement and;
b) Registration of a Plan of Subdivision.
4.4.40
R1-40 Zone Schedule "T"
The minimum lot area shall be 437 square metres, for a lot served by a public water
system and a sanitary sewer system;
4.4.41
R1-41 Zone Schedule "T"
The minimum lot frontage shall be 7 metres, for a lot served by a public water
system and a sanitary sewer system;
The minimum rear yard setback shall be 5 metres.
SECTION 5 - RESIDENTIAL TYPE 2 (R2) ZONE
5.1
No person shall within any Residential Type 2 (R2) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
5.2
PERMITTED USES
5.2.1
Residential Uses:
a)
Boarding house;
b)
Duplex dwelling unit;
c)
Link dwelling unit;
d)
Single detached dwelling unit;
e)
Semi-detached dwelling unit;
f)
One (1) attached accessory dwelling unit, subject to subsection 3.28.
5.2.2
Non-residential Uses:
a)
Accessory use directly related to the uses permitted in the R2 Zone;
b)
Home occupation accessory to a single detached or a semi-detached
dwelling unit;
c)
Public use;
d)
Bed and breakfast use accessory to a single detached dwelling unit.
5.3
ZONE PROVISIONS
5.3.1
Lot Area (minimum):
a)
Single detached dwelling unit
370 sq.m
b)
Boarding house
695 sq.m
c)
Duplex dwelling unit
555 sq.m
d)
Semi-detached dwelling
370sq.m/unit
e)
Link dwelling unit
370 sq.m
5.3.2
Lot Frontage (minimum):
a)
Single detached dwelling unit
12 m
b)
Boarding house
18 m
c)
Duplex dwelling unit
15 m
d)
Semi-detached dwelling
10.6/unit
e)
Link dwelling unit
10.6 m
5.3.3
Front Yard Depth (minimum):
6 m
5.3.4
Exterior Side Yard Width (minimum):
4.5 m
5.3.5
Interior Side Yard Width (minimum):
A)
Single detached dwelling unit
1.5 m
b)
Semi-detached dwelling unit
i)
Vertical common wall
0 m
Ii)
exposed side wall to lot line
1.8 m
c)
Link dwelling unit
i)
Exposed side wall to lot line
1.8m
Ii)
structurally connected below grade, but
The above grade exterior walls are not connected
1.2 m
d)
Other uses
1.8 m
5.3.6
Rear Yard Depth (minimum):
7.6 m
5.3.7
Dwelling Unit Area (minimum):
A)
Single detached dwelling unit
93 sq.m
B)
Boarding house
140 sq.m
C)
Duplex dwelling unit
80 sq.m
D)
Semi-detached dwelling unit
80 sq.m
E)
Link dwelling unit
80 sq.m
5.3.8
Boarding House Guest Room Area (minimum):
9 sq.m
5.3.9
Landscaped Open Space (minimum):
30%
5.3.10
Lot Coverage (maximum):
40%
5.3.11
Height of Building (maximum):
10 m
5.3.11.1
A single detached dwelling unit and semi-detached dwelling unit
(2007-17)
will be restricted to two storeys but may have a loft or living space located within
the pitched roof/attic area of the said dwelling unit.
5.3.12
Dwelling Units per Lot (maximum):
a)
Duplex
2
b)
Attached accessory dwelling unit
1
c)
Other uses
1
5.3.13
Conversions to Boarding House:
Notwithstanding any provision to the contrary, any dwelling unit erected prior to
the date of passing of this By-law and containing not less than 140 sq.m of
dwelling unit area, having contiguous thereto a front yard and/or setback which
is or are less than required under the Zone provisions of the R2 Zone, may be
altered to a boarding house provided such alteration does not reduce the front
yard, interior side yard, exterior side yard, or setback, as the case may be, which
is or are less than required under the Zone provisions for the R2 Zone.
5.3.14
Servicing:
No lot in any R2 Zone shall be used for a dwelling unit unless such lot is served
by a public water system and a sanitary sewer system.
5.3.15
Accessory Uses see Section 3.1
5.3.16
Parking Provisions see Section 3.38
5.3.17
Attached Accessory Dwelling Units in Residential Dwellings, see
Subsection 3.28
5.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular R2 Zone except as noted.
5.4.1
R2-1 Zone
Schedule "G"
The southern interior side yard minimum shall be 1.5 m
5.4.2
R2-2 Zone
Schedule "G"
The lot frontage minimum shall be 7.6 m and the height of building maximum
shall be 10.7 m.
5.4.3
R2-3 Zone
Schedule "O"
- Residential uses shall be limited to single detached and semi-detached
dwelling units, and one (1) attached accessory dwelling unit per lot,
subject to Subsection 3.28;
- Minimum lot area for single detached dwelling units shall be 360 square
metres;
- Minimum lot area of semi-detached dwelling units shall be 266 square
metres;
- Minimum lot frontage for semi- detached dwelling units shall be 9
metres; Minimum front yard depth shall be 4.5 metres to the building
face and 6.0 metres to an attached garage;
- Minimum interior side yard for single detached dwellings shall be 1.2
metres on one side and 0.6 metres on the other side;
- Minimum interior side yard for semi-detached dwellings shall be 1.2
metres on one side and 0.0 metres on the other side;
- Maximum lot coverage shall be 60% and, on lots with semi-detached
dwellings, minimum rear yard and interior side yard setback for an
accessory structure consisting of a detached garage shall be 1.5
metres;
- The minimum rear yard setback for detached and semi-detached
dwellings shall be 7.0 metres;
- Steps, porches and verandas may project a maximum distance of 2.0
metres into the front yard provided they do not exceed an area of 20
square metres.
5.4.4
R2-4 Zone Schedule "R"
Semi-detached dwelling units and link dwelling units shall comply with the zone
provisions of Section 5.3 with the exception that the minimum width per unit
shall be 6.5 metres.
5.4.5
R2-5 Zone Schedule "B"
Permitted uses shall exclude boarding houses, and duplexes; a 1.8m
encroachment for an unclosed porch shall be permitted; an unenclosed porch
shall not be included for the purposes of calculating lot coverage; maximum size
of an unenclosed porch shall be restricted to 17.75m2.
5.4.6
R2-6 Zone Schedule "F"
Permitted residential uses shall be limited to Single Detached Dwelling Unit, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28. The
minimum Lot Area for a Single Detached Dwelling Unit with greater than 12
metres of Lot Frontage shall be 372 square metres, however, the minimum Lot
Area for a Single Detached Dwelling Unit with greater than 15 metres of Lot
Frontage shall be 483 square metres. The Minimum Exterior Side Yard shall be
4.0 metres, except where the front elevation of a garage faces a street-line, in
which case the Exterior Side Yard to the garage shall be 6 metres. The
maximum distance from the main wall of the dwelling unit to the front elevation
of a garage shall be 1.5 meters. The minimum Interior Side Yard shall be 1.2
metres. The maximum lot coverage shall be 45%.
5.4.7
R2-7 Zone Schedule "F"
Permitted residential uses shall be limited to Semi-Detached Dwelling Unit, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28. The
minimum lot area shall be 300 square metres. The minimum lot frontage shall
be 8.5 metres. The minimum exterior side yard shall be 4.0 metres, except
where the front elevation of a garage faces a street-line, in which case the
Exterior Side Yard to the garage shall be 6 metres. The maximum distance from
the main wall of the dwelling unit to the front elevation of a garage shall be 1.5
metres. The minimum interior side yard shall be 1.2 metres. The maximum lot
coverage shall be 45%.
5.4.8
R2-8 Schedule "R"
Permitted residential uses shall be limited to single-detached, semi- detached
and link dwelling units, and one (1) attached accessory dwelling unit per lot,
subject to Subsection 3.28; In addition to the permitted non- residential uses in
the R2 Zone, a private park shall also be permitted; Section 5.3, Zone
Provisions, applies to the lands zoned R2-8, except where specifically identified
below:
Single Detached Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for single- detached dwelling units shall be 256.2 square
metres;
Minimum lot frontage for single- detached dwelling units shall be 9.15 metres;
Minimum front yard depth for single-detached dwelling units shall be 4.0 metres
to the building face or side of an attached garage and 6.0 metres to the front of
an attached garage;
Minimum exterior side yard depth for single- detached dwelling units shall be
4.0 metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for single-detached dwelling units shall be 1.2
metres to the building face and side or rear of the garage and 8.0 metres to the
front of an attached garage;
Minimum rear yard depth for single-detached dwelling units shall be 7.5 metres
to building face and 0.6 metres to a detached garage (front or back) wall;
Minimum dwelling unit area for single- detached dwelling units shall be 84
square metres;
Minimum landscaped open space for single- detached dwelling units shall be
30%;
Maximum lot coverage for single- detached dwelling units shall be 55%;
Maximum driveway width for single- detached dwelling units shall of 6.0 metres
for lots having 11 metre or greater frontages and 3.0 metres for lots having less
than 11 metre frontages;
Maximum height of building for single- detached dwelling units shall be 11.0
metres;
Minimum outdoor amenity space excluding the driveway for single-detached
dwelling units shall be 68.62 square metres and having no dimension less than
5.0 metres.
Semi-Detached Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for semi- detached dwelling units shall be 238.0 square metres
per unit;
Minimum lot frontage for semi-detached dwelling units shall be 8.5 metres per
unit;
Minimum front yard depth for semi-detached dwelling units shall be 4.0 metres
to the building face and 6.0 metres to the front of an attached garage;
Minimum exterior side yard depth for semi-detached dwelling units shall be 4.0
metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for semi-detached dwelling units shall be 1.2
metres on one side and 0.0 metres on the other side;
Minimum rear yard depth for semi-detached dwelling units shall be 7.5 metres
to the building face for dwelling units with a street accessed attached garage
and 0.6 metres to a garage (front or back) wall for dwelling units with a street
accessed detached garage;
Minimum landscaped open space for semi-detached dwelling units shall be
30%;
Maximum lot coverage for semi-detached dwelling units shall be 55%;
Maximum driveway width for semi-detached dwelling units shall be 3.0 metres
per unit; Maximum height of building for semi-detached dwelling units shall be
11.0 metres;
Minimum outdoor amenity space excluding the driveway for semi-detached
dwelling units shall be 63.75 square metres per unit and having no dimension
less than 3.7 metres.
Link Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for link dwelling units shall be 238.0 square metres per unit;
Minimum lot frontage for link dwelling units shall be 8.5 metres per unit;
Minimum front yard depth for link dwelling units shall be 4.0 metres to the
building face and 6.0 metres to the front of an attached garage;
Minimum exterior side yard depth for link dwelling units shall be 4.0 metres to
the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for link dwelling units shall be 1.2 metres on
one side and 1.2 metres on the other side to the building face and 0.7 metres
to the side of an attached garage;
Where an attached garage is permitted a 0.7 metre setback, General Provision
3.3.1, Yard Encroachments, Ornamental and Communication Structures, shall
not apply, other than for eaves and gutters which may be permitted to encroach
a maximum distance of 0.4 metres into the minimum required 0.7 metre interior
side yard. Minimum rear yard depth for link dwelling units shall be 7.5 metres to
the building face for dwelling units with a street accessed attached garage and
0.6 metres to a garage (front or back) wall for dwelling units with a street
accessed detached garage;
Minimum landscaped open space for link dwelling units shall be 30%;
Maximum lot coverage for link dwelling units shall be 65%;
Maximum driveway width for link dwelling units shall of 6.0 metres for lots having
11 metre or greater frontages and 3.0 metres for lots having less than 11 metre
frontages;
Maximum height of building for link dwelling units shall be 11.0 metres;
Minimum outdoor amenity space excluding the driveway for link dwelling units
shall be 63.75 square metres per unit and having no dimension less than 3.7
metres.
All Dwelling Unit Types
Where a garage is attached to a residential dwelling unit, the maximum
projection of the face of the attached garage from the building face shall be 2.4
metres; Notwithstanding the General Provisions, Section 3.3.4 and 3.3.6 to the
contrary, the following provisions shall apply for all dwelling unit types:
porches/verandas shall be permitted to encroach by sixty (60%) percent and
steps by eighty (80%) percent into any required front or exterior yard setback
depth. Porches/verandas shall not be subject to nor restricted to a maximum
area size. Maximum height of porch/verandas and steps within permitted
encroachment shall be 1.6 metres. For purposes of the R2-8 zone, a Private
Street or Private Lane shall be deemed to be a Public Street as defined in this
By-Law.
5.4.9
R2-9 Zone Schedule "O"
The minimum lot area shall be 350/m2/unit; the minimum front yard depth shall
be 4.5 metres to the building face and 6.0 metres to the garage with steps,
porches and verandas to project a maximum of 2.0 metres into the front yard
provided the porch is no greater than 20 square metres; the minimum rear yard
depth shall be 7.0 metres; and the maximum lot coverage shall be 60%.
5.4.10
R2-10 Zone Schedule "F"
Permitted residential uses shall be limited to a single detached dwelling unit,
and one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28;
the minimum lot area for a single detached dwelling unit with a lot frontage with
greater than 12 metres of lot frontage shall be 372 square metres; the minimum
lot area for a single detached dwelling unit with a lot frontage greater than 15
metres shall be 483 square metres; the minimum exterior side yard shall be 4
metres, except where the front elevation of a garage faces as street-line, in
which case the exterior side yard to the garage shall be 6 metres; the maximum
distance from the main wall of the dwelling unit to the front elevation of a garage
shall be 1.5 metres; the minimum interior side yard for a single detached
dwelling unit shall be 1.2 metres; the maximum lot coverage shall be 45%;
notwithstanding General Provision 3.9.1 and the exterior side yard provisions of
the R2-10 Zone, for corner lots at the intersection of a collector road and a local
road where the conveyance of a 10 metre by 4 metre daylighting triangle affects
the proposed building envelope, the exterior side yard setback shall be
measured from a line created by projecting the lot line to the point of intersection
of the two street lines, rather than the new lot line created by the dedication of
the daylighting triangle.
5.4.11
R2-11 Zone Schedule "F"
Permitted residential uses shall be limited to a single detached dwelling unit,
and one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28;
the minimum lot area for a single detached dwelling unit with a lot frontage
greater than 15 metres shall be 483 square metres; the minimum exterior side
yard shall be 4 metres, except where the front elevation of a garage faces a
street-line, in which case the exterior side yard to the garage shall be 6 metres;
the maximum distance from the main wall of the dwelling unit to the front
elevation of a garage shall be 1.5 metres; the minimum interior side yard for a
single detached dwelling unit shall be 1.2 metres; the maximum lot coverage
shall be 45%; notwithstanding General Provision 3.9.1 and the exterior side yard
provisions of the R2-11 Zone, for corner lots at the intersection of a collector
road and a local road where the conveyance of a 10 metre by 4 metre daylighting
triangle affects the proposed building envelope, the exterior side yard setback
shall be measured from a line created by projecting the lot line to the point of
intersection of the two street lines, rather than the new lot line created by the
dedication of the daylighting triangle.
5.4.12
R2-12 Zone Schedule "F"
Permitted residential uses shall be limited to a single detached dwelling unit,
and one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28;
the minimum lot area for a single detached dwelling unit with a lot frontage with
greater than 12 metres shall be 372 square metres; the minimum lot area for a
single detached dwelling unit with a lot frontage greater than 15 metres shall be
483 square metres; the minimum exterior side yard shall be 4 metres, except
where the front elevation of a garage faces a street line in which case the exterior
side yard to the garage shall be 6 metres; the maximum distance from the main
wall of the dwelling unit to the front elevation of a garage shall be 1.5 metres;
the minimum interior side yard for a single detached dwelling unit shall be 1.2
metres; the maximum lot coverage shall be 45%.
5.4.13
R2-13 Zone Schedule "F"
Permitted residential uses shall be limited to single detached dwelling unit, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28; the
minimum lot area for a single detached dwelling unit with a lot frontage with
greater than 12 metres of lot frontage shall be 372 square metres; the minimum
lot area for a single detached dwelling unit with a lot frontage greater than 15
metres shall be 483 square metres; the minimum exterior side yard shall be 4
metres, except where the front elevation of a garage faces a street-line, in which
case the exterior side yard to the garage shall be 6 metres; the maximum
distance from the main wall of a dwelling unit to the front elevation of a garage
shall be 1.5 metres; the minimum interior side yard for a single detached
dwelling unit shall be 1.2 metres; the maximum lot coverage shall be 45%.
5.4.14
R2-14 Zone Schedule "F"
Permitted residential uses shall be limited to a semi-detached dwelling unit, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28. The
minimum lot area shall be 300 square metres; the minimum lot frontage shall be
8.5 metres; the minimum exterior side yard shall be 4 metres, except where the
front elevation of a garage faces a street-line, in which case the exterior side
yard to the garage shall be 6 metres; the maximum distance from the main wall
of a dwelling unit to the front elevation of a garage shall be 1.5 metres; the
minimum interior side yard for a semi-detached dwelling unit shall be 1.2 metres;
the maximum lot coverage shall be 45%. Notwithstanding General Provision
3.9.1 and the exterior side yard provisions of the R2-14 Zone, for corner lots at
the intersection of a collector road and a local road where the conveyance of a
10 metre by 4 metre daylighting triangle affects the proposed building envelope,
the exterior side yard setback shall be measured from a line created by
projecting the lot line to the point of intersection of the two street lines, rather
than the new lot line created by the dedication of the daylighting triangle.
5.4.15
R2-15 Zone Schedule "G"
The minimum Lot Frontage width for a semi-detached dwelling shall be 7.7
metres, and the minimum lot line setback for a semi-detached accessory garage
with a common wall shall be zero (0) metres except for the setback to the lot line
separating Lot 140 and Part Lots 149 and 150 on Waston's Unregistered Plan
51C-309 which shall be a minimum 2 metres.
5.4.16
R2-16 Zone Schedule 'R'
Permitted residential uses shall be limited to single-detached, semidetached
and link dwelling units, and one (1) attached accessory dwelling unit per lot,
subject to Subsection 3.28;
In addition to the permitted nonresidential uses in the R2 Zone, a private park
shall also be permitted;
Section 5.3, Zone Provisions, applies to the lands zoned R2-16, except where
specifically identified below:
Single Detached Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for single detached dwelling units shall be 256.2 square
metres;
Minimum lot frontage for single-detached dwelling units shall be 9.15 metres;
Minimum front yard depth for single-detached dwelling units shall be 4.0 metres
to the building face or side of an attached garage and 6.0 metres to the front of
an attached garage;
Minimum exterior side yard depth for single detached dwelling units shall be 4.0
metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for single-detached dwelling units shall be 1.2
metres to the building face and side or rear of the garage and 8.0 metres to the
front of an attached garage;
Minimum rear yard depth for single-detached dwelling units shall be 7.5 metres
to building face;
Minimum dwelling unit area for single detached dwelling units shall be 84 square
metres;
Minimum landscaped open space for single-detached dwelling units shall be
30%;
Maximum lot coverage for single-detached dwelling units shall be 55%;
Maximum driveway width for single-detached dwelling units shall be 6.0 metres
for lots having 11 metre or greater frontages and 3.0 metres for lots having less
than 11 metre frontages;
Maximum height of building for single detached dwelling units shall be 11.0
metres;
Minimum outdoor amenity space excluding the driveway for single- detached
dwelling units shall be 68.62 square metres and having no dimension less than
5.0 metres.
Semi-Detached Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for semidetached dwelling units shall be 238.0 square metres
per unit;
Minimum lot frontage for semi-detached dwelling units shall be 8.5 metres per
unit;
Minimum front yard depth for semi-detached dwelling units shall be 4.0 metres
to the building face and 6.0 metres to the front of an attached garage;
Minimum exterior side yard depth for semi-detached dwelling units shall be 4.0
metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for semi-detached dwelling units shall be 1.2
metres on one side and 0.0 metres on the other side;
Minimum rear yard depth for semi-detached dwelling units shall be 7.5 metres
to the building face for dwelling units with a street accessed attached garage;
Minimum landscaped open space for semi-detached dwelling units shall be
30%;
Maximum lot coverage for semi-detached dwelling units shall be 55%;
Maximum driveway width for semi-detached dwelling units shall be 3.0 metres
per unit;
Maximum height of building for semi-detached dwelling units shall be 11.0
metres;
Minimum outdoor amenity space excluding the driveway for semi- detached
dwelling units shall be 63.75 square metres per unit and having no dimension
less than 3.7 metres.
Link Dwelling Unit
Minimum lot depth shall be 28 metres;
Minimum lot area for link dwelling units shall be 238.0 square metres per unit;
Minimum lot frontage for link dwelling units shall be 8.5 metres per unit;
Minimum front yard depth for link dwelling units shall be 4.0 metres to the
building face and 6.0 metres to the front of an attached garage;
Minimum exterior side yard depth for link dwelling units shall be 4.0 metres to
the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for link dwelling units shall be 1.2 metres on
one side and 1.2 metres on the other side to the building face and 0.7 metres to
the side of an attached garage;
Where an attached garage is permitted a 0.7 metre setback, General Provision
3.3.1, Yard Encroachments, Ornamental and Communication Structures, shall
not apply, other than for eaves and gutters which may be permitted to encroach
a maximum distance of 0.4 metres into the minimum required 0.7 metre interior
side yard.
Minimum rear yard depth for link dwelling units shall be 7.5 metres to the building
face for dwelling units with a street accessed attached garage;
Minimum landscaped open space for link dwelling units shall be 30%; Maximum
lot coverage for link dwelling units shall be 65%;
Maximum driveway width for link dwelling units shall be 6.0 metres for lots
having 11 metre or greater frontages and 3.0 metres for lots having less than 11
metre frontages;
Maximum height of building for link dwelling units shall be 11.0 metres;
Minimum outdoor amenity space excluding the driveway for link dwelling units
shall be 63.75 square metres per unit and having no dimension less than 3.7
metres.
All Dwelling Unit Types
Where a garage is attached to a residential dwelling unit, the maximum
projection of the face of the attached garage from the building face shall be 2.4
metres;
Notwithstanding the General Provisions, Section 3.3.4 and 3.3.6 to the contrary,
the following provisions shall apply for all dwelling unit types:
- Porches/verandas shall be permitted to encroach by sixty (60%) percent and
steps by eighty (80%) percent into any required front or exterior yard setback
depth.
- Porches/verandas shall not be subject to nor restricted to a maximum area size.
- Maximum height of porch/verandas and steps within permitted encroachment shall
be 1.6 metres.
- The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by such driveways, shall be 6.50 m.
- For purposes of the R2-16 zone, a Private Street or Private Lane shall be
deemed to be a Public Street as defined in this By-Law.
5.4.17 R2-17 Zone Schedule 'C'
Notwithstanding Section 5.3 respecting zone provisions for the Residential Type 2
(R2) Zone, the minimum interior side yard width shall be 1.2 metres and the maximum
lot coverage shall be 45%.
5.4.18 R2-18 Zone Schedule 'F'
BL2020-48
Permitted residential uses shall be limited to Single Detached Dwelling Units and
Semi-Detached Dwelling Units, and one (1) attached accessory dwelling unit per lot,
subject to Subsection 3.28. The minimum lot Area for a Single Detached Dwelling
Unit with greater than 12 metres of Lot Frontage shall be 372 square metres,
however, the minimum Lot Area for a Single Detached Dwelling Unit with greater than
15 metres of Lot Frontage shall be 483 square metres. For Semi-Detached Dwelling
Units the minimum Lot Area shall be 275 square metres. The minimum lot frontage
shall be 8.5 metres.
For both Single Detached Dwelling Units and Semi-Detached Dwelling Units the
Minimum Exterior Side Yard shall be 4.0 metres, except where the frontelevation
of a garage faces a street-line, in which case the Exterior Side Yard to the garage shall
be 6 metres. The maximum distance from the main wall of the dwelling unit to the front
elevation of a garage shall be 1.5 metres. The minimum Interior Side Yard shall be 1.2
metres. The maximum lot coverage shall be 45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of the
R2-18 Zone, for corner lots where the daylighting triangle affects the proposed
building envelope, the exterior side yard setback shall be measured from a line
created by projecting the lot line to the point of intersection of the two street lines, rather
than the new lot line created by the dedication of the daylighting triangle.
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
5.4.19 R2H1-19 Zone Schedule "F"
BL2021-111
Permitted residential uses shall be limited to Single Detached Dwelling Units, Semi-
Detached Dwelling Units and Link Dwelling Units, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28. The minimum Lot Area for a Single
Detached Dwelling Unit with greater than 12 metres of Lot Frontage shall be 372
square metres, however, the minimum Lot Area for a Single Detached Dwelling Unit
with greater than 15 metres of Lot Frontage shall be 483 square metres. For Semi-
Detached Dwelling Units and Linked Dwelling Units the minimum Lot Area shall be
275 square metres. The minimum lot frontage shall be 8.5 metres.
For both Single Detached Dwelling Units, Semi-Detached Dwelling Units and Link
Dwelling Units the Minimum Exterior Side Yard shall be 4.0 metres, except where the
front elevation of a garage faces a street-line, in which case the Exterior Side Yard to
the garage shall be 6 metres. The maximum distance from the main wall of the
dwelling unit to the front elevation of a garage shall be 1.5 metres. The maximum lot
coverage shall be 45%.
For Single Detached Dwelling Units and Semi-Detached Dwelling Units the minimum
Interior Side Yard shall be 1.2 metres for exposed side walls. For Link Dwelling Units
the Minimum Interior Side Yard shall be 1.2 metres from the exposed sidewall to the
lot line, and 0.48 metres on the side of the dwelling structurally connected below
grade.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of the
R2H1-19 Zone, for corner lots where the daylighting triangle affects the proposed
building envelope, the exterior side yard setback shall be measured from a line
created by projecting the lot line to the point of intersection of the two street lines, rather
than the new lot line created by the dedication of the daylighting triangle."
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
Notwithstanding Section 3.6.1, No detached building or structure including the
sills, bay windows, belt course, chimney, cornices, eaves, gutters, parapets, pilasters
or similar ornamental structures shall be located closer than 0.96 metres to any other
building or structure.
5.4.20
R2H1-20 Zone Schedule "F"
Permitted residential uses shall be limited to Single Detached Dwelling Units, Semi-
Detached Dwelling Units and Link Dwelling Units, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28. The minimum Lot Area for a Single
Detached Dwelling Unit with greater than 12 metres of Lot Frontage shall be 372
square metres, however, the minimum Lot Area for a Single Detached Dwelling Unit
with greater than 15 metres of Lot Frontage shall be 483 square metres. For Semi-
Detached Dwelling Units and Linked Dwelling Units the minimum Lot Area shall be 275
square metres. The minimum lot frontage shall be 8.5 metres."
For both Single Detached Dwelling Units, Semi-Detached Dwelling Units and Link
Dwelling Units the Minimum Exterior Side Yard shall be 4.0 metres, except where the
front elevation of a garage faces a street-line, in which case the Exterior Side Yard to
the garage shall be 6 metres. The maximum distance from the main wall of the
dwelling unit to the front elevation of a garage shall be 1.5 metres. The maximum lot
coverage shall be 45%.
For Single Detached Dwelling Units and Semi-Detached Dwelling Units the minimum
Interior Side Yard shall be 1.2 metres for exposed side walls. For Link Dwelling Units
the Minimum Interior Side Yard shall be 1.2 metres from the exposed sidewall to the
lot line, and 0.48 metres on the side of the dwelling structurally connected below
grade.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of the
R2H1-20 Zone, for corner lots where the daylighting triangle affects the proposed
building envelope, the exterior side yard setback shall be measured from a line
created by projecting the lot line to the point of intersection of the two street lines, rather
than the new lot line created by the dedication of the daylighting triangle."
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
Notwithstanding Section 3.6.1, No detached building or structure including the sills,
bay windows, belt course, chimney, cornices, eaves, gutters, parapets, pilasters or
similar ornamental structures shall be located closer than 0.96 metres to any other
building or structure.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 6.0 metres.
5.4.21
R2H1-21 Zone Schedule "F"
Permitted residential uses shall be limited to Single Detached Dwelling Units, Semi-
Detached Dwelling Units and Link Dwelling Units, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28. The minimum Lot Area for a Single
Detached Dwelling Unit with greater than 12 metres of Lot Frontage shall be 372
square metres, however, the minimum Lot Area for a Single Detached Dwelling Unit
with greater than 15 metres of Lot Frontage shall be 483 square metres. For Semi-
Detached Dwelling Units and Linked Dwelling Units the minimum Lot Area shall be
275 square metres. The minimum lot frontage shall be 8.5 metres."
For both Single Detached Dwelling Units, Semi-Detached Dwelling Units and Link
Dwelling Units the Minimum Exterior Side Yard shall be 4.0 metres, except where the
front elevation of a garage faces a street-line, in which case the Exterior Side Yard to
the garage shall be 6 metres. The maximum distance from the main wall of the dwelling
unit to the front elevation of a garage shall be 1.5 metres. The maximum lot coverage
shall be 45%.
For Single Detached Dwelling Units and Semi-Detached Dwelling Units the minimum
Interior Side Yard shall be 1.2 metres for exposed side walls. For Link Dwelling Units
the Minimum Interior Side Yard shall be 1.2 metres from the exposed sidewall to the
lot line, and 0.48 metres on the side of the dwelling structurally connected below grade.
Notwithstanding GeGeneral Provision 3.9.1 and the exterior side yard provisions of
the R2H1-21 Zone, for corner lots where the daylighting triangle affects the proposed
building envelope, the exterior side yard setback shall be measured from a line created
by projecting the lot line to the point of intersection of the two street lines, rather than
the new lot line created by the dedication of the daylighting triangle."
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
Notwithstanding Section 3.6.1, No detached building or structure including the sills,
bay windows, belt course, chimney, cornices, eaves, gutters, parapets, pilasters or
similar ornamental structures shall be located closer than 0.96 metres to any other
building or structure.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 7.5 metres.
5.4.22
R2H1-22 Zone Schedule "F"
Permitted residential uses shall be limited to Single Detached Dwelling Units and
Semi-Detached Dwelling Units, and one (1) attached accessory dwelling unit per lot,
subject to Subsection 3.28. The minimum Lot Area for a Single Detached Dwelling
Unit with greater than 12 metres of Lot Frontage shall be 372 square metres, however,
the minimum Lot Area for a Single Detached Dwelling Unit with greater than 15 metres
of Lot Frontage shall be 483 square metres. For Semi-Detached Dwelling Units the
minimum Lot Area shall be 275 square metres. The minimum lot frontage shall be 8.5
metres.
For both Single Detached Dwelling Units and Semi-Detached Dwelling Units the
Minimum Exterior Side Yard shall be 4.0 metres, except where the front elevation of a
garage faces a street-line, in which case the Exterior Side Yard to the garage shall be
6 metres. The maximum distance from the main wall of the
dwelling unit to the front elevation of a garage shall be 1.5 metres. The minimum Interior
Side Yard shall be 1.2 metres. The maximum lot coverage shall be 45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of the
R2H1-22 Zone, for corner lots where the daylighting triangle affects the proposed
building envelope, the exterior side yard setback shall be measured from a line created
by projecting the lot line to the point of intersection of the two street lines, rather than
the new lot line created by the dedication of the daylighting triangle."
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 6.0 metres.
5.4.23
R2H1-23 Zone Schedule "F"
Permitted residential uses shall be limited to Single Detached Dwelling Units and Semi-
Detached Dwelling Units, and one (1) attached accessory dwelling unit per lot, subject
to Subsection 3.28. The minimum Lot Area for a Single Detached Dwelling Unit with
greater than 12 metres of Lot Frontage shall be 372 square metres, however, the
minimum Lot Area for a Single Detached Dwelling Unit with greater than 15 metres of
Lot Frontage shall be 483 square metres. For Semi- Detached Dwelling Units the
minimum Lot Area shall be 275 square metres. The minimum lot frontage shall be 8.5
metres.
For both Single Detached Dwelling Units and Semi-Detached Dwelling Units the
Minimum Exterior Side Yard shall be 4.0 metres, except where the front elevation of a
garage faces a street-line, in which case the Exterior Side Yard to the garage shall be 6
metres. The maximum distance from the main wall of the dwelling unit to the front
elevation of a garage shall be 1.5 metres. The minimum Interior Side Yard shall be 1.2
metres. The maximum lot coverage shall be 45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of
the R2H1-23 Zone, for corner lots where the daylighting triangle affects the
proposed building envelope, the exterior side yard setback shall be measured
from a line created by projecting the lot line to the point of intersection of the two
street lines, rather than the new lot line created by the dedication of the daylighting
triangle.
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental protection
zone shall not apply.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and
an intersection of street lines, measured along the street line intersected by such
driveways, shall be 7.5 metres.
5.4.24
R2-24 Zone Schedule 'N'
Notwithstanding the provisions of Section 3.28 and Section 5 the following are
permitted;An attached accessory dwelling unit shall not exceed 49% of the total gross
floor area of the main residential dwelling; and Minimum Lot Frontage requirement
shall be 8.5 metres/unit.
5.4.25 R2-25 Zone Schedule 'N'
The minimum Lot Frontage requirement for semi-detached dwellings shall be 10.2
metres/unit.
The maximum width of an abutting driveway along a common lot line shall be 11.5
metres.
The maximum lot coverage shall be 45%.
Detached accessory buildings less than 3.7 metres in height shall be permitted to 0.0
metres of an interior side lot line.
5.4.26 R2-26 Zone Schedule 'O'
Semi-Detached Dwelling Unit
Minimum Lot Frontage per lot/unit shall be 7.7 metres;
Minimum Front Yard Depth shall be 5.40 metres;
Minimum Front Yard Depth shall be 4.65 metres, when measured from the daylight
triangle;
Minimum Lot Area per lot/unit shall be 240 square metres;
Minimum Exterior Side Yard Width shall be 3.3 metres;
Minimum Interior Side Yard Width (exposed side wall to lot line) shall be
1.4 metres;
Maximum Height of Building shall be 12.3 metres (inclusive of the Mechanical
Penthouse);
Maximum Number of Storeys shall be three;
The Mechanical Penthouse component has a total height of 2.87metres and shall
include the elevator and stair overruns;
Notwithstanding the Yard Encroachment requirements outlined under Sections
3.3.4, 3.3.5 & 3.3.6 of the Town's Zoning By-Law Porches, Balconies and Steps
and Accessibility Ramps may project a maximum distance of 2.50 metres into the
required front yard setback.
5.4.27 R2-27 Zone Schedule ''
5.4.28 R2-28 Zone Schedule 'A'
Semi-detached Dwelling Unit
Minimum Lot Area shall be 195 square metres per unit;
Minimum Lot Frontage shall be 7.5 metres per unit;
Minimum Front Yard Depth on corner units shall be 3 metres to the building face;
Minimum Exterior Side Yard Width shall be 3 metres;
Minimum Interior Side Yard Width (exposed side wall to lot line) shall be
1.35 metres;
Minimum Rear Yard Depth shall be 5.9 metres; and,
Maximum Lot Coverage shall be 45%
Notwithstanding Section 3.3.4, porches/verandas for interior units may project into any
required front yard a maximum distance of 1.5 metres provided that they are not more
than 1.2 metres above finished grade and shall not exceed an area of 8 square metres.
Notwithstanding Section 3.3.4, porches/verandas for corner units may project into any
required front yard with a maximum height of 1.2 metres above finished grade, and a
maximum area of 8 square metres, provided that the porches/verandas maintain a
minimum front yard setback of 3 metres.
Notwithstanding Section 3.3.5, balconies for interior units may project into any required
front or rear yard a maximum distance of 1.5 metres provided that they are located at a
greater height than the bottom of the first floor ceiling joists.
Notwithstanding Section 3.3.5, balconies for corner units may project into any required
rear yard a maximum distance of 1.5 metres, and may project into any required front
yard provided that the balconies maintain a minimum front yard setback of 3 metres,
and provided that they are located at a greater height than the bottom of the first floor
ceiling joists.
Notwithstanding Section 3.3.6, steps and/or accessibility ramps to an entrance may
project into any required front yard, provided that the steps maintain a minimum front
yard setback of 3 metres, and provided that such uses are not below grade or not more
than 1.2 metres above grade within the required front yard.
Notwithstanding Section 3.10, where a lot includes a portion of an easement, such
easement may be considered part of the lot for the purpose of computing
the lot area and the yard depth or width of the lot, provided that the depth of the rear
yard of the lot shall not be less than 5.9 metres.
Notwithstanding Section 3.18, buildings and structures may be erected on lands that
do not front onto a municipal street and a private street shall be deemed to be a public
street.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 7 metres in all Residential Zones for semi-detached dwelling units.
Notwithstanding Section 3.38.2.10, for a semi-detached dwelling located on Block 27 a
non-abutting driveway may be established with a 0 metre setback along an interior lot
line.
5.4.29 R2-29 Zone Schedule 'O'
Minimum Lot Area - 300 square metres
Minimum Lot Frontage - 10.5 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0 metres for
the remainder of the property boundary
Minimum Interior Side Yard - 1.35 m metres on one side and 0.6 metres on one side
Minimum Rear Yard - 6 metres
Maximum Lot Coverage - 55%
Maximum Height - 11.5 metres
Maximum Driveway Width - 6 metres
Section 3.38.2.8 shall not apply to this zone.
Notwithstanding 3.1.5.2, Air Conditioning units and heat pumps shall not be
located closer than 0.1 metres to any interior side lot line; accessory air conditioner,
heat pump, utility meter or similar item may project into any required yard, but its
location shall not interfere with the surface drainage of water or impede a pathway to
the rear yard.
Notwithstanding Section 3.3,
i.
Porches/verandas inclusive of steps and accessibility ramps are
permitted in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres provided that
such uses are not below grade or not more than 1.2 metres above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted in the
front and may encroach up to 3.0 metres of the required front yard for a
maximum area for a porch of 8 square metres provided that such uses are not
below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no closer
than 2.5 metres to the rear lot line, and not more than 3 metres above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum distance
of 2 metres and into any required exterior yard a maximum of 1.8 metres
provided that they are located at a greater height than the bottom of the first
floor ceiling joists and provided there is no encroachment into the 3 metre utility
easement. A balcony located on top of a porch/veranda may encroach to the
same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line.
5.4.30 R2-30 Zone Schedule 'G'
The lot coverage (maximum) shall be 42%.
SECTION 6 - RESIDENTIAL TYPE 3 (R3) ZONE
6.1
No person shall within any Residential Type 3 (R3) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
6.2
PERMITTED USES
6.2.1
Residential Uses:
a)
Street townhouse dwelling
b)
Townhouse dwelling
c)
One (1) attached accessory dwelling unit in a street townhouse dwelling
only, subject to subsection 3.28
6.2.2
Non-residential Uses:
a)
Accessory use directly related to the uses permitted in the R3 Zone
b)
Accessory club
c)
Public use
6.3
ZONE PROVISIONS
6.3.1
Lot Area (minimum):
a)
Street townhouse dwelling
210 sq.m/unit
b)
Townhouse dwelling
210 sq.m/unit
c)
Other uses
555 sq.m/unit
6.3.2
Lot Frontage (minimum):
a)
Street townhouse dwelling
7.0 m
b)
Townhouse dwelling
27 m
c)
Other uses
18 m
6.3.3
Front Yard Depth (minimum):
6 m
6.3.4
Exterior Side Yard Width (minimum):
5 m
6.3.5
Interior Side Yard Width (minimum):
a)
Townhouse dwelling
6 m
i)
Exposed end or side wall
6 m
b)
Street townhouse dwelling
i)
Vertical common wall
0 m
ii)
Exposed end or side wall
3 m
iii)
Exposed end or side wall abutting an r1 or r2 zone
6 m
c)
Other uses
6 m
6.3.6
Rear Yard Depth (minimum):
7.6 m
6.3.7
Dwelling Unit Area (minimum):
65 sq.m
6.3.8
Landscaped Open Space (minimum):
30%
6.3.9
Lot Coverage (maximum):
a)
Street townhouse dwelling
45%
b)
Townhouse dwelling
40%
c)
Other uses
35%
6.3.10
Height of Building (maximum):
12 m
6.3.11
Width Per Unit:
The minimum width of each townhouse or street townhouse unit shall be 7
metres.
6.3.12
Courts:
Where a building is in a court form, the distance between the opposing walls of
the building forming the court shall be not less than 20 m or the height of the
highest portion of the building, whichever is greater.
6.3.13
Play Areas:
A play area shall be provided on each lot containing more than 8 dwelling units
in accordance with the following provisions:
- Minimum area: 5% of lot area;
- Location: not within 7.6 m of any exposed residential building wall.
6.3.14
Servicing:
No lot in any R3 Zone shall be used for a dwelling unit unless such lot is served
by a public water system and a sanitary sewer system.
6.3.15
Units per Structure:
The maximum number of townhouse or street townhouse dwelling units, which
are attached within a single townhouse or street townhouse structure, shall be
8.
6.3.16
ACCESSORY USES (SEE SECTION 3.1)
6.3.17
Parking Provisions see Section 3.38
6.3.18
Attached Accessory Dwelling Units in Residential Dwellings, see
subsection 3.28
6.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular R3 Zone except as noted.
6.4.1
R3-1 Zone
Schedule "O"
The exterior side yard minimum shall be 2.4 metres.
6.4.2
R3-2 Zone
Schedule "T"
The maximum number of dwelling units which are attached within an overall
single townhouse or street townhouse structure shall be 5.
6.4.2.1
R3-2-A Zone Schedule "T"
The minimum building opening elevation shall be 183.18 metres C.G.D.
6.4.2.2
R3-2-B Zone Schedule "T"
The minimum building opening elevation shall be 183.91 metres C.G.D.
6.4.3
R3-3 Zone
Schedule "O"
The Exterior Side Yard Width (minimum) shall be 4m; the Interior Side Yard
Width (minimum) shall be 4m; the Lot Coverage (maximum) shall be 40%; the
Height of Building (maximum) shall be 10m; and no Play Areas or Privacy Yards
shall be required.
6.4.4
R3-4 Zone
Schedule "P"
No more than 5 buildings shall be permitted and no more than 67 dwelling units
shall be permitted in the Zone.
6.4.5
R3-5 Zone
Schedule "J"
No more than 60 street townhouse dwellings shall be permitted. Further, the Lot
Area (minimum) shall be 174 sq.m; the Lot Frontage (minimum) shall be 6 m; the
Interior Side Yard Width (minimum) shall be 1.5 m for the exposed end or side wall
and for the exposed rear wall; the Landscaped Open Space (minimum) shall be 4%;
the Lot Coverage (maximum) shall be 55%. The Permitted Yard Encroachment
(maximum) shall be 2.5 m.
6.4.6
R3-6 Zone
Schedule "P"
The maximum height of the building shall not exceed 9.2 metres or one storey
whichever is more restrictive; the minimum play area shall be 4.5 % of the lot
area; a minimum of 1.5 parking spaces per dwelling unit shall be required.
6.4.7
R3-7 Zone
Schedule "O"
The maximum number of dwelling units shall be 9; the minimum lot area shall
be 1800 square metres; decks, balconies, steps and accessibility ramps may
project into the rear yard a maximum of 4.5 metres.
6.4.8
R3-8 Zone
Schedule "I"
The following provisions shall apply;
a) The maximum number of residential units shall be 14.
b) Lot area (minimum)
2100 square feet
c) Lot frontage (minimum)
30 feet
d) Exterior side yard width (minimum)
60 feet
e) Interior side yard width (minimum)
i) Vertical common wall
0 feet
ii) Exposed end wall
15 feet
iii) Exposed end wall to lot having
Municipal address of 32, 15 St.
60 feet
f) Rear yard depth (minimum)
20 feet
g) Front yard depth (minimum)
15 feet
h) Lot coverage (maximum)
50%
i) Rear yard coverage;
i) Paved driveways shall not exceed 10' in width
ii) Additional parking area may be permitted through the use of grass
filled open web paving stones but shall not exceed 30% of the rear
yard area;
iii) A minimum of 30% of the rear yard shall be maintained in a
landscaped open space condition.
j) Height of building (maximum)
30 feet
k) No play area shall be required
l) Maximum encroachment of a balcony, deck or patio into a rear yard is 8
feet; maximum encroachment of balcony, deck or patio into a side yard
is 5 feet
m) Minimum number of parking spaces per unit 2
n) The lots located at either end of the area which is subject to the
provisions of this section, shall be maintained in a natural forested
condition for a distance of 45 feet from the most eastern and western lot
lines. Tree removal may occur within 15 feet of the end units to facilitate
construction and prevent damage to the units. Normal forest
management practices may be permitted in regard to the removal of
aged or diseased trees. Where a tree is removed in regard to the
preceding a similar or like species of tree, no less than 6 feet in height,
shall be planted as a replacement.
ii)
Notwithstanding the General Provisions to the contrary, the following
provisions shall apply;
a) Access to an improved public street is permitted by way of a private lane.
b) The only front yard setback requirement is as shown in part i) above.
iii) Notwithstanding any definition to the contrary, the following provisions shall
apply;
a) A lane may be used as a primary means of access for vehicular traffic.
6.4.9
R3-9 Schedule "J"
The lot area shall be a minimum of 1872 square ft (174sm), the lot frontage shall
be a minimum of 19.7 ft (6m), the minimum front yard setback for a lot which
contains a turret feature or enclosed porch shall be 13.12 feet (4.0m); the front
yard depth minimum shall be 19.7 ft (6m), the exterior side yard minimum shall
be 7.9 ft (2.4m), the interior side yard minimum shall be 4.9ft(1.5m), the rear
yard depth minimum shall be 23 feet (7.0m), the lot coverage maximum is 55%,
the landscaped open space minimum shall be 4%; access to parking areas
minimum shall be 9.8 ft (3m), permitted yard encroachment is a maximum of 8.2
ft (2.5m);
6.4.10
R3-10 Zone Schedule "O"
The maximum number of townhouse units shall be 96 units. The minimum treed
landscaped buffer area strip along the westerly property boundary shall be 6.0
metres. The minimum separation distance from the rear or side of a townhouse
dwelling to the side or rear of another townhouse dwelling shall be 6.4 metres.
A maximum of two entrances are permitted from the subject site onto Zoo Park
Road.
6.4.11
R3-11 Zone Schedule "T"
No more than 22 dwelling units shall be permitted. Further, the exterior side yard
shall be a minimum of 3.0 metres (9.8 ft) and play areas shall be set back a
minimum of 5 metres (16.4 ft) from any exposed residential building wall.
6.4.12
R3-12 Zone Schedule "O"
Permitted uses shall also include single detached and semi-detached dwellings;
single detached and semi-detached dwellings shall comply with the Zone
Provisions of Section 5.4.3; the total number of single detached dwellings on
lands zoned R3-12 shall not exceed 20% of the total aggregate number of all
units within this zone; minimum lot area for street townhouse dwellings or
townhouse dwellings shall be 164 square metres; minimum front yard depth for
street townhouse dwellings and townhouse dwellings shall be 4.5 metres to the
main building face and 6.0 metres to an attached garage; minimum width of
each street townhouse or townhouse unit shall be 5.45 metres; minimum
exterior side yard for each street townhouse or townhouse dwelling shall be
3.5m; minimum interior side yard (exposed end or side wall) for street
townhouse or townhouse dwellings shall be 1.2m; minimum rear yard depth for
street townhouse or townhouse dwellings shall be 6.0 metres; a Play Area is not
required and decks, balconies, steps and accessibility ramps may project into
the rear yard a maximum of 5.5 metres.
6.4.13
R3-13 Zone Schedule 'O'
Permitted uses shall also include semi-detached dwellings; semi-detached dwellings
shall comply with the Zone Provisions of Section 5.4.3;
For the purpose of this by-law, a private street shall be deemed a public street and
for Unit 15 the side lot line abutting the private right-of-way shall be considered an
interior side yard.
Notwithstanding Sections 6.3.1 a), 6.3.2 a), 6.3.8, 6.3.9 a), and 6.3.13 of the
Residential Type 3 (R3) Zone, and Sections 3.3.6, and 3.38.2.10 of the General
Provisions, the following provisions apply:
Street Townhouse Dwelling Unit
- Lot Area (minimum) shall be 160 sq. m;
- Lot Frontage (minimum) shall be 5.45 metres;
- Minimum front yard depth for street townhouse dwellings and townhouse
dwellings shall be 4.5 metres to the main building face and 6.0 metres to an
attached garage;
- Minimum width of each street townhouse or townhouse unit shall be 5.45
metres;
- Minimum exterior side yard for each street townhouse or townhouse dwelling
shall be 3.5m;
- Minimum interior side yard (exposed end or side wall) for street townhouse or
townhouse dwellings shall be 1.2m;
- Minimum rear yard depth for street townhouse or townhouse dwellings shall
be 6.0 metres; and decks, balconies, steps and accessibility ramps may
project into the rear yard a maximum of 5.5 metres.
- Landscape Open Space (minimum) shall be 20%; Lot Coverage (maximum)
shall be 62%; and no play area shall be required.
- Steps and/or accessibility ramps may encroach into any required front yard a
maximum distance of 3.8 metres provided that such uses are not below grade
or not more than 1.2 metres above grade within the required yard; non-
abutting driveways may be established with a 0 metre setback along an
interior lot line; and abutting driveways may be established along an interior
side lot line provided the abutting driveways do not exceed a combined width
of 11 metres.
6.4.14 R3-14 Zone Schedule 'O'
Permitted uses shall also include single detached and semi-detached dwellings;
single detached and semi-detached dwellings shall comply with the Zone
Provisions of Section 5.4.3; the total number of single detached dwellings on lands
zoned R3-14 shall not exceed 20% of the total aggregate number of all units within
this zone; minimum front yard depth for street townhouse dwellings and townhouse
dwellings shall be 4.5 metres to the main building face and 6.0 metres to an
attached garage; minimum width of each street townhouse or townhouse unit shall
be 5.45 metres and decks, balconies, steps and accessibility ramps may project
into the rear yard a maximum of 6.0 metres. For the purposes of this section a
private street shall be deemed to be a public street. For street townhouse
dwellings; porches and steps may project into a required front yard a maximum
distance of 1.5 metres and a required rear yard a maximum distance of 2.5 metres
provided the porch is no greater than 10 square metres in area; the minimum rear
yard setback requirements shall be 7
metres, the minimum exterior side yard setback shall be 3 metres, the minimum
interior side yard setback shall be 1.5 metres; the minimum frontage requirement
shall be 5.45 metres, the minimum lot area shall be 145 square metres and
maximum lot coverage shall be 60%. For semidetached units the minimum rear
yard setback shall be 6 metres, and minimum exterior side yard setback shall be
4.2 metres.
6.4.15
R3-15 Zone Schedule "T"
The maximum number of residential units shall be 36. The minimum rear yard
setback shall be 4.5 metres. The maximum number of dwelling units which are
attached within a single townhouse structures shall be 36.
6.4.16
R3-16 Zone Schedule "B"
Permitted uses shall include semi-detached dwelling units and street townhouse
dwelling units; an interior side yard setback of 2.0 m shall apply; a maximum lot
coverage of 52% excluding unenclosed porches shall apply; a 1.8m encroachment
for an unenclosed porch shall be permitted; an unenclosed porch shall not be
included for the purposes of calculating lot coverage; a maximum size of an
unenclosed porch shall be restricted to 14.75m2
6.4.17
R3-17 Zone Schedule "L"
A maximum Lot Coverage of 52% will apply.
6.4.18
R3-18 Zone Schedule "L"
Permitted uses shall include Street Townhouse, Townhouse or Modular/Mobile
Park units but not both and a maximum lot coverage of 52% will apply.
6.4.19
R3-19 Zone Schedule "F"
Permitted residential uses shall be limited to a Street Townhouse Dwelling, and one
(1) attached accessory dwelling unit per lot, subject to Subsection 3.28. The
minimum Exterior Side Yard shall be 4.0 metres, except where the front elevation
of a garage faces a street line, in which case the Exterior Side Yard to the garage
shall be 6 metres. The maximum distance from the main wall of the dwelling unit to
the front elevation of a garage shall be 1.5 metres. The minimum Interior Side Yard
for an exposed end or side wall shall be 2.0 metres.
6.4.20
R3-20 Zone Schedule "O"
Permitted uses shall also include semi-detached dwellings; semi-detached
dwellings shall comply with the Zone Provisions of Section 5.4.3 unless otherwise
stated herein; minimum lot size for a street townhouse or townhouse dwelling will
be 145 square metres and 250 square metres for a semi-detached
dwelling; minimum lot frontage for townhouse or street townhouse dwellings shall
be 4.0 metres ; maximum lot coverage for a street townhouse or townhouse
dwelling shall be 60% and 50% for a semi-detached dwelling; minimum front yard
depth for street townhouse dwellings and semi-detached dwellings shall be 4.2
metres to the main building face and 6 metres to an attached garage; minimum
width per unit of each street townhouse or townhouse shall be 5.45 metres;
minimum lot frontage per unit of each semi- detached unit shall be 9.6 metres;
minimum exterior side yard for each street townhouse or townhouse dwelling shall
be 3.0 metres and 4.0 metres for a semi- detached dwelling and 2.0 metres where
there is a covered porch attached to the main dwelling in the absence of a sidewalk;
minimum interior side yard width (exposed side or end wall ) for a street townhouse
or townhouse dwelling shall be 1.2 metres; minimum rear yard depth shall be 6.0
metres, and steps, porches and verandas may project a maximum distance of 2.0
metres into the front yard provided that they do not exceed an area of 20 square
metres. In addition, the court setback requirement of 20 metres of Section 6.3.12
shall not apply to the side or rear elevation of an opposing building and for the
purposes of this section a private street shall be deemed a public street.
6.4.21
R3-21 Schedule "R"
Permitted residential uses shall be limited to semi-detached dwelling units, link
dwelling units and street townhouse dwellings, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28; the minimum percentage of
laneway-based dwelling units shall be 70% of the total number of dwelling units in
the zone; the maximum percentage of link dwelling units shall be 15% of the total
number of dwelling units in the zone; in addition to the permitted non- residential
uses in the R3 Zone, a private park shall also be permitted; the minimum 5% play
area shall not need to be located on the lot but shall be required in the general
vicinity, and the location determined through site plan approval;
Section 6.3, Zone Provisions, applies to the lands zoned R3-21, except where
specifically identified below:
Semi-Detached Dwelling Unit
Minimum lot depth for semi-detached dwelling units shall be 27.0 metres; Minimum
lot area for semi-detached dwelling units shall be 229.5 square metres per unit;
Minimum lot frontage for semi-detached dwelling units shall be 8.5 metres per unit
with a street-accessed garage and 6.7 metres per unit with a laneway-based
garage; Minimum front yard depth for semi- detached dwelling units shall be 4.0
metres to the building face and 6.0 metres to the front of a garage; Minimum front
yard depth for laneway- based semi-detached dwelling units shall be 3.5 metres;
Minimum exterior side yard depth for semi-detached dwelling units shall be 4.0
metres to the building face and 6.0 metres to the front of a garage; Minimum interior
side yard depth for semi-detached dwelling units
shall be 1.2 metres on one side and 0.0 metres on the other interior sides for street-
accessed garage units; Minimum interior side yard depth for semi- detached
dwelling units shall be 0.9 metres on one side and 0.0 metres on the other interior
sides for laneway-based garage units;
Notwithstanding General Provision 3.1.5.5, Yards, Accessory Uses, Buildings and
Structures, for a detached garage accessory to a laneway- based dwelling unit, the
minimum interior side yard shall be 0.0 metres on one side and 1.2 metres on the
other side, the minimum exterior side yard shall be 4.0 metres, and the minimum
rear yard shall be 0.6 metres; Minimum rear yard depth for semi-detached dwelling
units shall be 7.5 metres; Minimum dwelling unit area for semi-detached dwellings
units shall be 65 square metres per unit; Minimum landscaped open space for
street-accessed semi-detached dwelling units shall be 30% and 20% for laneway-
based semi-detached dwelling units; Maximum lot coverage for semi-detached
dwelling units shall be 80%; Maximum driveway width for semi-detached dwelling
units shall be 3.0 metres per unit for street- accessed garage units; Maximum
height of building for semi-detached dwelling units shall be 11.0 metres; Minimum
outdoor amenity space excluding the driveway for semi-detached dwelling units
shall be 60 square metres for street- accessed units and 25 square metres for
laneway-based units, having no dimension less than 3.7 metres; Semi- detached
dwelling units shall be subject to Court provisions for distance separation between
dwelling units opposite each other on a private street.
Link Dwelling Unit
Minimum lot depth for link dwelling units shall be 27.0 metres; Minimum lot area for
link dwelling units shall be 180.9 square metres per unit; Minimum lot frontage for
link dwelling units shall be 8.5 metres per unit with a street- accessed garage and
6.7 metres per unit with a laneway-based garage; Minimum front yard depth for
link dwelling units shall be 4.0 metres to the building face and 6.0 metres to the
front of a garage; Minimum front yard depth for laneway-based link dwelling units
shall be 3.5 metres; Minimum exterior side yard depth for link dwelling units shall be
4.0 metres to the building face and 6.0 metres to the front of a garage; Minimum
interior side yard width for a link dwelling units shall be 1.2 metres on one side and
1.2 metres on the other side to the building face and 0.7 metres to the side of an
attached garage;
Where an attached garage is permitted a 0.7 metre setback, General Provision
3.3.1, Yard Encroachments, Ornamental and Communication Structures, shall not
apply, other than for eaves and gutters which may be permitted to encroach a
maximum distance of 0.4 metres into the minimum required 0.7 metre interior side
yard.
Notwithstanding General Provision 3.1.5.5, Yards, Accessory Uses, Buildings and
Structures, for a detached garage accessory to a laneway- based dwelling unit, the
minimum interior side yard shall be 0.0 metres on one side and 1.2
metres on the other side, the minimum exterior side yard shall be 4.0 metres, and
the minimum rear yard shall be 0.6 metres;
Minimum rear yard depth for link dwelling units shall be 7.5 metres; Minimum
dwelling unit area for link dwellings units shall be 65 square metres per unit;
Minimum landscaped open space for link dwellings shall be 30% for street-
accessed units and 20% for laneway-based units; Maximum lot coverage for link
dwelling units shall be 70%; Maximum driveway width link dwelling units shall be
3.0 metres per unit for street- accessed garage units (no driveway for laneway-
based link dwelling units); Maximum height of building for link dwelling units shall
be 11.0 metres; Minimum outdoor amenity space excluding the driveway for link
dwelling units shall be 60 square metres for street-accessed units and 25 square
metres for laneway-based units, having no dimension less than 3.7 metres; Link
dwelling units shall be subject to Court provisions for distance separation between
dwelling units opposite each other on a private street.
Street Townhouse Dwelling
Minimum lot depth for townhouse dwelling units shall be 27.0 metres; Minimum lot
area for townhouse dwelling units shall be 164.7 square metres per unit; Minimum
lot frontage for street townhouse dwellings shall be 6.1 metres per unit; Minimum
front yard depth for street townhouse dwellings shall be 4.0 metres to the building
face and 6.0 metres to the front of a garage; Minimum front yard depth for laneway-
based street townhouse dwellings shall be 3.5 metres to the building face;
Minimum exterior side yard depth for street townhouse dwellings shall be 4.0
metres to the building face and 6.0 metres to the front of a garage; Minimum interior
side yard depth for street townhouse dwellings shall be 1.5 metres on one side for
townhouse end-units and 0.0 metres on the other interior side for street-accessed
dwelling units; Minimum interior side yard depth for street townhouse dwellings
shall be 0.9 metres on one side for townhouse end-units and 0.0 metres on the
other interior side for laneway- based dwelling units; Notwithstanding General
Provision 3.1.5.5, Yards, Accessory Uses, Buildings and Structures, for a detached
garage accessory to a laneway-based dwelling unit, the minimum interior side yard
shall be 0.0 metres, the minimum exterior side yard shall be 4.0 metres, and the
minimum rear yard shall be 0.6 metres; Minimum rear yard depth for street
townhouse dwellings shall be 7.5 metres; Minimum landscaped open space for
street townhouse dwellings shall be 20% for street-accessed units and 20% for
laneway-based units; Maximum lot coverage for street townhouse dwellings shall
be 80%; Maximum driveway width for street townhouse dwellings shall be
3.0 metres per unit; Maximum height of building for street townhouse dwellings
shall be 12.0 metres; Minimum width per unit for street townhouse dwellings shall
be 6.1 metres per unit; Minimum outdoor amenity space for street townhouse
dwellings shall be 45 square metres for street-accessed units and 25 square
metres for laneway-based units, having no dimension less than 2.8 metres; Street
townhouse dwellings shall be subject to Court provisions for distance separation
between dwelling units opposite each other on a private street; Maximum number
of dwelling units per street townhouse dwelling shall be 6.
All Dwelling Unit Types
Where a garage is attached to a residential dwelling unit, the maximum projection
of the face of the attached garage from the building face shall be 2.4 metres; For
the purposes of the R3-21 zone, a private street or private lane shall be deemed to
be a public street as defined in this By- Law; Notwithstanding the General
Provisions, Section 3.3.4 and 3.3.6 to the contrary, the following provisions shall
apply for all dwelling unit types: porches/verandas shall be permitted to encroach
by sixty (60%) percent and steps by eighty (80%) percent into any required front or
exterior side yard setback depth for street-accessed units. Porches/verandas shall
be permitted to encroach by seventy (70%) percent and steps by eighty (80%)
percent into any required front or exterior side yard setback depth for laneway-
based units. Porches/verandas shall not be subject to nor restricted to a maximum
area size. Maximum height of porch/verandas and steps within permitted
encroachment shall be 1.6 metres; Notwithstanding the General Provisions to the
contrary contained in Section 3, the following provisions shall apply: Dwelling Unit
Access shall mean the primary front access to a residential dwelling unit from either
a Public Street, a Private Street and/or a Public Open Space or Private Outdoor
Amenity Space.
6.4.22
R3-22
Schedule "R"
All of the permitted uses and provisions of the R3-21 zone apply to the R3- 22
zone. However, for the purposes of the R3-22 zone, laneway-based street
townhouse dwellings may be permitted to front onto an Open Space zone. All of the
permitted uses and provisions of the R3-34 zone apply to the R3-22 zone.
Minimum lot depth for laneway-based street townhouse dwellings shall be
26.0 metres.
6.4.23
R3-23 Schedule "D"
The minimum street townhouse unit width shall be 6.3 metres and the interior side
yard for the units on Puccini Drive shall be a minimum of 2.6 metres.
6.4.24
R3-24 Zone Schedule "O"
Permitted uses shall also include single detached and semi-detached dwellings;
single detached and semi-detached dwellings shall comply with the Zone
Provisions of Section 5.4.3; the total number of single detached dwellings on lands
zoned R3-24 shall not exceed 20% of the total aggregate number of all units within
this zone; minimum lot area for street townhouse dwellings or townhouse
dwellings shall be 164 square metres; minimum front yard depth for street
townhouse dwellings and townhouse dwellings shall be 4.5 metres to the main
building face and 6.0 metres to an attached garage; minimum width of each street
townhouse or townhouse unit shall be 5.45 metres; minimum exterior side yard
for each street townhouse or townhouse dwelling shall be
3.5m; minimum interior side yard (exposed end or side wall) for street townhouse
or townhouse dwellings shall be 1.2m; minimum rear yard depth for street
townhouse or townhouse dwellings shall be 6.0 metres ; maximum lot coverage
shall be 60%; a Play Area is not required and decks, balconies, steps and
accessibility ramps may project into the rear yard a maximum of 5.5 metres; steps,
porches and verandas may project a maximum distance of 2.0 metres into the front
yard provided they do not exceed an area of 20 square metres.
6.4.25
R3-25 Zone Schedule "O"
The minimum front yard depth shall be 4.5 metres to the building face and
6.0 metres to the garage with steps, porches and verandas to project a maximum
of 2.0 metres into the front yard provided the porch is no greater than 20 square
metres; the minimum exterior side yard shall be 3.5 metres and 2.0 metres to a
covered porch attached to a main dwelling; the minimum interior side yard setback
shall be 1.2 metres, the minimum rear yard depth shall be 6.0 metres; and the
maximum lot coverage shall be 60%.
6.4.26
R3-26 Zone Schedule "J"
The lot area (minimum) shall be 174 square metres; the lot frontage (minimum)
shall be 6 metres; the interior yard width (minimum) shall be
1.5 metres for the exposed end or side wall and for the exposed rear wall; the
landscaped open space minimum shall be 4%; the lot coverage (maximum) shall
be 55%; the permitted yard encroachment (maximum) shall be 2.5 metres; the
minimum distance between a driveway and the intersecting street lines of Arcadia
Road and Blueberry Trail shall be 6 metres. Further Townhouse is defined as a
building divided vertically into no less than two (2) and no more than (8) individual
dwelling units, each of which has direct access from the outside ground level and
shares above ground party walls with abutting dwelling units and where each
individual dwelling unit abuts a public street and where each dwelling unit is located
on a separate lot.
6.4.27
R3-27 Zone Schedule "F"
Permitted residential uses shall be limited to street townhouse dwelling units, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28; the
minimum exterior side yard shall be 4 metres, except where the front elevation of
a garage faces a street line, in which case the exterior side yard to the garage shall
be 6 metres; the maximum distance from the main wall of the dwelling unit to the
front elevation of a garage shall be 1.5 metres; the minimum interior side yard for
an exposed end or side wall shall be 1.8 metres; the maximum lot coverage
shall be 45 %.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of
the R3-27 Zone, for corner lots at the intersection of a collector road and a local
road where the conveyance of a 10 metre by 4 metre daylighting triangle affects
the proposed building envelope, the exterior side yard setback shall be measured
from a line created by projecting the lot line to the point of intersection of the two
street lines, rather than the new lot line created by the dedication of the daylighting
triangle.
6.4.28
R3-28 Zone Schedule "F"
Permitted residential uses shall be limited to street townhouse dwelling units, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28; the
minimum exterior side yard shall be 4 metres, except where the front elevation of
a garage faces a street-line, in which case the exterior side yard to the garage shall
be 6 metres; the maximum distance from the main wall of the dwelling unit to the
front elevation of a garage shall be 1.5 metres; the minimum interior side yard for
an exposed end or side wall shall be 1.8 metres; the maximum lot coverage shall
be 45%.
6.4.29
R3-29 Zone Schedule "F"
Permitted residential uses shall be limited to street townhouse dwelling units, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28; the
minimum exterior side yard shall be 4 metres except where the front elevation of a
garage faces a street-line, in which case the exterior side yard to the garage shall
be 6 metres; the maximum distance from the main wall of the dwelling unit to the
front elevation of a garage shall be 1.5 metres; the minimum interior side yard for
an exposed end or side wall shall be 2.0 metres; notwithstanding General Provision
3.9.1 and the exterior side yard provisions of the R3-29 Zone, for corner lots at the
intersection of a collector road and a local road where the conveyance of a
10 metre by 4 metre daylighting triangle affects the proposed building envelope, the
exterior side yard setback shall be measured from a line created by projecting the
lot line to the point of intersection of the two street lines, rather than the new lot line
created by the dedication of the daylighting triangle.
6.4.30
R3-30 Zone Schedule "P"
Section 6.3 Zone Provisions applies to the lands zoned R3-30, except where
specifically identified below:
- Maximum number of dwelling units shall be 22. For the purposes of the R3-
30 Zone, a private street shall be deemed to be a public street.
- Minimum front yard depth for a townhouse dwelling shall be 5.0 metres;
- Minimum interior side yard width for a townhouse dwelling shall be 1.5
metres;
- Maximum lot coverage for a townhouse dwelling including a deck shall be
47%.
- Minimum lot area per unit for a street townhouse dwelling shall be 186
square metres;
- Minimum lot frontage per unit for a street townhouse dwelling shall be 6.25
metres;
- Minimum interior side yard width for an exposed end or side wall shall be
1.5 metres;
- Maximum lot coverage for a street townhouse dwelling including a deck shall
be 47%;
- Minimum width of a street townhouse dwelling unit shall be 6.25 metres;
- Required Play Area may be situated in an adjacent zone; a Play Area may
be situated within 1.5 metres of an exposed residential building wall; the
maximum porch encroachment into a front or rear yard shall be 1.5 metres
and the porch shall not exceed an area of 5 square metres.
6.4.31
R3-31 Zone Schedule "D"
The maximum lot coverage for a townhouse dwelling including a deck shall be
49%. Notwithstanding Subsection 3.18 Street Requirements of the Zoning By- law,
buildings and structures may be erected on lands that do not front onto a municipal
street and a private street shall be deemed to be a public street.
6.4.32
R3-32 Zone Schedule 'O'
Notwithstanding the provisions of Section 6 for the townhouse building located in
the most northerly portion of the lands, the minimum lot area shall be 177 square
metres; the maximum lot coverage shall be 68%; the minimum lot frontage shall
be 6.6 metres; the minimum unit width shall be
6.6 metres; the minimum front yard setback requirement to River Road East shall
be 4.2 metres to face of building; porches may project a maximum distance of 1.8
metres into the front yard setback requirement; the minimum interior side yard
setback requirement for an exposed end wall shall be 1.2 metres; the minimum
exterior side yard setback minimum shall be 4.2 metres to the building face and 3
metres for a corner feature (turret); the minimum rear yard setback requirement
shall be 6 metres to a garage face; balconies are permitted to encroach into the
required rear yard a maximum distance of 3 metres; the maximum height of the
street townhouse unit shall be 12.5 metres.
Notwithstanding the provisions of Section 6 for the townhouse dwelling units
located in the most southerly portion of the lands, the minimum lot area
requirements shall be 185 square metres; maximum lot coverage shall be 65%;the
minimum lot frontage shall be 6.6 meters; the minimum unit width shall be 6.6
metres; the minimum front yard setback shall be 6 metres to the garage face and
3.3 metres to porches; steps may project a maximum distance of 1.8 meters into
the required front yard setback for porches; the minimum exterior side yard setback
shall be 4.2 metres; the minimum rear yard setback shall be 6 metres ; the
maximum height of the buildings shall be 12.5 metres. For the purposes of Section
3.18, the internal road shall be deemed to be a street.
6.4.33
R3-33 Zone
Schedule 'R'
Permitted residential uses shall be limited to semi-detached dwelling units, link
dwelling units and street townhouse dwellings, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28.
The minimum percentage of laneway-based dwelling units shall be 45% of the total
number of dwelling units in the zone.
The maximum percentage of link dwelling units shall be 15% of the total number of
dwelling units in the zone.
in addition to the permitted non-residential uses in the R3 Zone, a private park shall
also be permitted; the minimum 5% play area shall not need to be located on the
lot but shall be required in the general vicinity, and the location determined through
site plan approval.
Section 6.3, Zone Provisions, applies to the lands zoned R3-33, except where
specifically identified below:
Semi-Detached Dwelling Unit
Minimum lot depth for semi-detached dwelling units shall be 27.0 metres;
Minimum lot area for semi-detached dwelling units shall be 229.5 square metres per
unit;
Minimum lot frontage for semi-detached dwelling units shall be 8.5 metres per unit
with a street-accessed garage and 6.7 metres per unit with a laneway-based garage;
Minimum front yard depth for semidetached dwelling units shall be 4.0 metres to
the building face and 6.0 metres to the front of an attached garage;
Minimum front yard depth for laneway based semi-detached dwelling units shall be
3.5 metres;
Minimum exterior side yard depth for semi-detached dwelling units shall be
4.0 metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for semi-detached dwelling units shall be
1.2 metres on one side and 0.0 metres on the other interior sides for street-
accessed garage units;
Minimum interior side yard depth for semidetached dwelling units shall be
0.9 metres on one side and 0.0 metres on the other interior sides for laneway-based
garage units;
Minimum rear yard depth for semi-detached dwelling units shall be 7.5 metres;
Minimum dwelling unit area for semi-detached dwellings units shall be 65 square
metres per unit;
Minimum landscaped open space for street-accessed semi-detached dwelling
units shall be 30% and 20% for laneway-based semi-detached dwelling units;
Maximum lot coverage for semi-detached dwelling units shall be 80%;
Maximum driveway width for semi-detached dwelling units shall be 3.0 metres
per unit for street accessed garage units;
Maximum height of building for semi-detached dwelling units shall be 11.0
metres;
Minimum outdoor amenity space excluding the driveway for semi- detached
dwelling units shall be 60 square metres for street-accessed units and 25 square
metres for laneway-based units, having no dimension less than 3.7 metres;
Semidetached dwelling units shall be subject to Court provisions for distance
separation between dwelling units opposite each other on a private street.
Link Dwelling Unit
Minimum lot depth for link dwelling units shall be 27.0 metres;
Minimum lot area for link dwelling units shall be 180.9 square metres per unit;
Minimum lot frontage for link dwelling units shall be 8.5 metres per unit with a
street accessed garage and 6.7 metres per unit with a laneway- based garage;
Minimum front yard depth for link dwelling units shall be 4.0 metres to the building
face and 6.0 metres to the front of a garage;
Minimum front yard depth for laneway-based link dwelling units shall be
3.5 metres;
Minimum exterior side yard depth for link dwelling units shall be 4.0 metres to the
building face and 6.0 metres to the front of a garage;
Minimum interior side yard width for a link dwelling units shall be 1.2 metres on
one side and 1.2 metres on the other side to the building face and 0.7 metres to the
side of an attached garage;
Where an attached garage is permitted a 0.7 metre setback, General Provision
3.3.1, Yard Encroachments, Ornamental and Communication Structures, shall not
apply, other than for eaves and gutters which may be permitted to encroach a
maximum distance of 0.4 metres into the minimum required 0.7 metre interior side
yard.
Minimum rear yard depth for link dwelling units shall be 7.5 metres;
Minimum dwelling unit area for link dwellings units shall be 65 square metres per
unit;
Minimum landscaped open space for link dwellings shall be 30% for street-
accessed units and 20% for laneway-based units;
Maximum lot coverage for link dwelling units shall be 70%; Maximum driveway
width link dwelling units shall be 3.0 metres per unit for street accessed garage
units (no driveway for laneway-based link dwelling units);
Maximum height of building for link dwelling units shall be 11.0 metres;
Minimum outdoor amenity space excluding the driveway for link dwelling units shall
be 60 square metres for street-accessed units and 25 square metres for laneway-
based units, having no dimension less than 3.7 metres;
Link dwelling units shall be subject to Court provisions for distance separation
between dwelling units opposite each other on a private street.
Street Townhouse Dwelling
Minimum lot depth for townhouse dwelling units shall be 27.0 metres;
Minimum lot area for townhouse dwelling units shall be 164.7 square metres per
unit;
Minimum lot area for laneway-based street townhouse dwelling units shall be
145.0 square metres per unit;
Minimum lot frontage for street townhouse dwellings shall be 6.1 metres per unit;
Minimum lot frontage for laneway-based street townhouse dwellings shall be 5.5 metres
per unit;
Minimum front yard depth for street townhouse dwellings shall be 4.0 metres to
the building face and 6.0 metres to the front of a garage;
Minimum front yard depth for laneway-based street townhouse dwellings shall be
3.5 metres to the building face;
Minimum exterior side yard depth for street townhouse dwellings shall be
4.0 metres to the building face and 6.0 metres to the front of a garage;
Minimum interior side yard depth for street townhouse dwellings shall be
1.5 metres on one side for townhouse end-units and 0.0 metres on the other
interior side for street-accessed dwelling units;
Minimum interior side yard depth for street townhouse dwellings shall be
0.9 metres on one side for townhouse end-units and 0.0 metres on the other
interior side for laneway based dwelling units;
Minimum rear yard depth for street townhouse dwellings shall be 7.5 metres;
Minimum landscaped open space for street townhouse dwellings shall be 20%
for street-accessed units and 20% for laneway-based units;
Maximum lot coverage for street townhouse dwellings shall be 80%;
Maximum driveway width for street townhouse dwellings shall be 3.0 metres,
except for end-units for which the maximum driveway width shall be 6.0 metres;
Maximum height of building for street townhouse dwellings shall be 12.0 metres;
Minimum width per unit for laneway-based street townhouse dwellings shall be
5.5 metres per unit;
Minimum outdoor amenity space for street townhouse dwellings shall be
45 square metres for street-accessed units and 25 square metres for laneway-
based units, having no dimension less than 2.8 metres;
Street townhouse dwellings shall be subject to Court provisions for distance
separation between dwelling units opposite each other on a private street;
Maximum number of dwelling units per street townhouse dwelling shall be 6;
All Dwelling Unit Types
Where a garage is attached to a residential dwelling unit, the maximum projection
of the face of the attached garage from the building face shall be 2.4 metres;
For the purposes of the R3-33 zone, a private street or private lane shall be
deemed to be a public street as defined in this By- Law;
Notwithstanding the General Provisions, Section 3.3.4 and 3.3.6 to the contrary, the
following provisions shall apply for all dwelling unit types:
- Porches/verandas shall be permitted to encroach by sixty (60%) percent
and steps by eighty (80%) percent into any required front, interior or exterior
side yard setback depth for street-accessed units.
- Porches/verandas shall be permitted to encroach by seventy (70%) percent
and steps by eighty (80%) percent into any required front, interior or exterior
side yard setback depth for laneway-based units.
- Porches/verandas shall not be subject to nor restricted to a maximum area
size.
- Maximum height of porch/verandas and steps within permitted
encroachment shall be 1.6 metres;
- The minimum distance between a driveway and an intersection of street
lines, measured along the street line intersected by such driveways, shall
be 2.90 m. Notwithstanding the General Provisions to the contrary
contained in Section 3, the following provisions shall apply:
- Dwelling Unit Access shall mean the primary front access to a residential
dwelling unit from either a Public Street, a Private Street and/or a Public
Open Space or Private Outdoor Amenity Space."
6.4.34
R3-34 Zone
Schedule 'R'
Permitted residential uses shall be limited to semi-detached dwelling units, link
dwelling units and street townhouse dwellings, and one (1) attached accessory
dwelling unit per lot, subject to Subsection 3.28;
The minimum percentage of laneway-based dwelling units shall be 35% of the
total number of dwelling units in the zone;
The maximum percentage of link dwelling units shall be 15% of the total number
of dwelling units in the zone;
In addition to the permitted non-residential uses in the R3 Zone, a private park
shall also be permitted; the minimum 5% play area shall not need to be located
on the lot but shall be required in the general vicinity, and the location
determined through site plan approval;
Section 6.3, Zone Provisions, applies to the lands zoned R3-34, except where
specifically identified below:
Semi-Detached Dwelling Unit
Minimum lot depth for semi-detached dwelling units shall be 27.0 metres;
Minimum lot area for semi-detached dwelling units shall be 229.5 square metres
per unit;
Minimum lot frontage for semi-detached dwelling units shall be 8.5 metres per
unit with a street-accessed garage and 6.7 metres per unit with a laneway-based
garage;
Minimum front yard depth for semidetached dwelling units shall be 4.0 metres
to the building face and 6.0 metres to the front of an attached garage;
Minimum front yard depth for laneway based semi-detached dwelling units shall
be 3.5 metres;
Minimum exterior side yard depth for semi-detached dwelling units shall be
4.0 metres to the building face and 6.0 metres to the front of an attached garage;
Minimum interior side yard depth for semi-detached dwelling units shall be
1.2 metres on one side and 0.0 metres on the other interior sides for street-
accessed garage units;
Minimum interior side yard depth for semi-detached dwelling units shall be
0.9 metres on one side and 0.0 metres on the other interior sides for laneway-
based garage units;
Minimum rear yard depth for semi-detached dwelling units shall be 7.5 metres;
Minimum dwelling unit area for semi-detached dwellings units shall be 65 square
metres per unit;
Minimum landscaped open space for street-accessed semi-detached dwelling
units shall be 30% and 20% for laneway-based semi-detached dwelling units;
Maximum lot coverage for semi-detached dwelling units shall be 80%;
Maximum driveway width for semi-detached dwelling units shall be 3.0 metres
per unit for street accessed garage units;
Maximum height of building for semi-detached dwelling units shall be 11.0
metres;
Minimum outdoor amenity space excluding the driveway for semi- detached
dwelling units shall be 60 square metres for street-accessed units and 25 square
metres for laneway-based units, having no dimension less than 3.7 metres;
Semidetached dwelling units shall be subject to Court provisions for distance
separation between dwelling units opposite each other on a private street.
Link Dwelling Unit
Minimum lot depth for link dwelling units shall be 27.0 metres;
Minimum lot area for link dwelling units shall be 180.9 square metres per unit;
Minimum lot frontage for link dwelling units shall be 8.5 metres per unit with a
street accessed garage and 6.7 metres per unit with a laneway- based garage;
Minimum front yard depth for link dwelling units shall be 4.0 metres to the
building face and 6.0 metres to the front of a garage;
Minimum front yard depth for laneway-based link dwelling units shall be
3.5 metres;
Minimum exterior side yard depth for link dwelling units shall be 4.0 metres to
the building face and 6.0 metres to the front of a garage;
Minimum interior side yard width for a link dwelling units shall be 1.2 metres on
one side and 1.2 metres on the other side to the building face and 0.7 metres to
the side of an attached garage;
Where an attached garage is permitted a 0.7 metre setback, General Provision
3.3.1, Yard Encroachments, Ornamental and Communication Structures, shall
not apply, other than for eaves and gutters which may be permitted to encroach
a maximum distance of 0.4 metres into the minimum required 0.7 metre interior
side yard.
Minimum rear yard depth for link dwelling units shall be 7.5 metres;
Minimum dwelling unit area for link dwellings units shall be 65 square metres
per unit;
Minimum landscaped open space for link dwellings shall be 30% for street-
accessed units and 20% for laneway-based units;
Maximum lot coverage for link dwelling units shall be 70%; Maximum driveway
width link dwelling units shall be 3.0 metres per unit for street accessed garage
units (no driveway for laneway-based link dwelling units);
Maximum height of building for link dwelling units shall be 11.0 metres;
Minimum outdoor amenity space excluding the driveway for link dwelling units
shall be 60 square metres for street-accessed units and 25 square metres for
laneway-based units, having no dimension less than 3.7 metres;
Link dwelling units shall be subject to Court provisions for distance separation
between dwelling units opposite each other on a private street.
Street Townhouse Dwelling
Minimum lot depth for townhouse dwelling units shall be 27.0 metres;
Minimum lot area for townhouse dwelling units shall be 164.7 square metres per
unit;
Minimum lot area for laneway-based street townhouse dwelling units shall be
145.0 square metres per unit;
Minimum lot frontage for street townhouse dwellings shall be 6.1 metres per unit;
Minimum lot frontage for laneway-based street townhouse dwellings shall be 5.5
metres per unit;
Minimum front yard depth for street townhouse dwellings shall be 4.0 metres to
the building face and 6.0 metres to the front of a garage;
Minimum front yard depth for laneway-based street townhouse dwellings shall
be 3.5 metres to the building face;
Minimum exterior side yard depth for street townhouse dwellings shall be
4.0 metres to the building face and 6.0 metres to the front of a garage;
Minimum interior side yard depth for street townhouse dwellings shall be
1.5 metres on one side for townhouse end-units and 0.0 metres on the other
interior side for street-accessed dwelling units;
Minimum interior side yard depth for street townhouse dwellings shall be
0.9 metres on one side for townhouse end-units and 0.0 metres on the other
interior side for laneway based dwelling units;
Minimum rear yard depth for street townhouse dwellings shall be 7.5 metres;
Minimum landscaped open space for street townhouse dwellings shall be 20%
for street-accessed units and 20% for laneway-based units;
Maximum lot coverage for street townhouse dwellings shall be 80%;
Maximum driveway width for street townhouse dwellings shall be 3.0 metres,
except for end-units for which the maximum driveway width shall be 6.0 metres;
Maximum height of building for street townhouse dwellings shall be 12.0 metres;
Minimum width per unit for laneway-based street townhouse dwellings shall be
5.5 metres per unit;
Minimum outdoor amenity space for street townhouse dwellings shall be
45 square metres for street-accessed units and 25 square metres for laneway-
based units, having no dimension less than 2.8 metres;
Street townhouse dwellings shall be subject to Court provisions for distance
separation between dwelling units opposite each other on a private street;
Maximum number of dwelling units per street townhouse dwelling shall be 6;
All Dwelling Unit Types
Where a garage is attached to a residential dwelling unit, the maximum
projection of the face of the attached garage from the building face shall be 2.4
metres;
For the purposes of the R3-34 zone, a private street or private lane shall be
deemed to be a public street as defined in this By- Law;
Notwithstanding the General Provisions, Section 3.3.4 and 3.3.6 to the contrary,
the following provisions shall apply for all dwelling unit types:
- Porches/verandas shall be permitted to encroach by sixty (60%) percent
and steps by eighty (80%) percent into any required front, interior or exterior
side yard setback depth for street-accessed units.
- Porches/verandas shall be permitted to encroach by seventy (70%) percent
and steps by eighty (80%) percent into any required front, interior or exterior
side yard setback depth for laneway-based units.
- Porches/verandas shall not be subject to nor restricted to a maximum area
size.
- Maximum height of porch/verandas and steps within permitted
encroachment shall be 1.6 metres;
The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by such driveways, shall be 4.30 m.
Notwithstanding the General Provisions to the contrary contained in Section 3,
the following provisions shall apply:
- Dwelling Unit Access shall mean the primary front access to a residential
dwelling unit from either a Public Street, a Private Street and/or a Public
Open Space or Private Outdoor Amenity Space."
BL2022-40
6.4.35
R3-35 Zone Schedule "D"
Notwithstanding the provisions of Section 6 and Section 3.38, the minimum
distance from the paved portion of an intersection to a driveway location shall be
4.5 metres.
For the purposes of the R3-35 Zone, a private laneway which forms a common
element of a condominium corporation shall be considered a 'Street'.
Notwithstanding the provisions of Section 6.2.1, Semi-Detached Dwellings shall
also be permitted on lands within the R3-35 Zone.
Notwithstanding the provisions of Section 6.3.1, the minimum Lot Area for a
Semi-Detached, Townhouse, or Street Townhouse Dwelling within the R3-35
Zone shall be 165 square metres.
Notwithstanding the provisions of Section 6.3.2, the minimum Lot Frontage for a
Semi-Detached Dwelling shall be 7.0 meters and the minimum Lot Frontage for
a Townhouse or Street Townhouse shall be 6.9 metres.
Notwithstanding the provisions of Section 6.3.3, the minimum Front Yard Depth
for a Semi-Detached Dwelling shall be 6.0 metres,
Notwithstanding the provisions of Section 6.3.4, the minimum Exterior Side Yard
Width for a Townhouse Dwelling or Street Townhouse Dwelling shall be 3.0
meters.
Notwithstanding the provisions of Section 6.3.5, the minimum Interior Side Yard
from an exposed end or side wall of a Semi-Detached Dwelling shall be 3.0
metres,
Notwithstanding the provisions of Section 6.3.6, the minimum Rear Yard Depth
for a Semi-Detached Dwelling shall be 7.6 metres,
Notwithstanding the provisions of Section 6.3.9, the maximum Lot Coverage for a
Semi-Detached, Townhouse, or Street Townhouse Dwelling within the R3- 35
Zone shall be 55%.
Notwithstanding the provisions of Section 6.3.10, the maximum height for a Semi-
Detached Dwelling shall be 12.0 metres.
Notwithstanding the provisions of Section 6.3.13, a common Play Area with a
minimum area of 1,000 square metres shall be provided on the lands within the
R3-35 Zone.
Notwithstanding the provisions of Sections 3.1.2 and 3.1.3, within the R3-35 Zone
maximum of one detached Accessory Building or Structure may be permitted
within a Rear Yard with a maximum area of 10 square metres, and a maximum
height of 4.5 metres. An Accessory Building or Structure that is compliant with
these provisions shall not be considered within the calculation of Lot Coverage for
a particular lot.
Notwithstanding the provisions of Section 3.38.2.10, within the R3-35 Zone a
driveway may be established not less than 0.3 metres from a side lot line.
.
6.4.36
R3-36 H Zone Schedule "F"
- The minimum Lot Area for a Townhouse dwelling shall be 185 square
metres/unit.
- The minimum Lot Frontage for a Townhouse dwelling shall be 6.0 metres.
- The minimum Front Yard Depth for a Townhouse dwelling shall be 4.0
metres.
- The minimum Exterior Side Yard setback shall be 3.0 metres.
- The minimum Interior Side Yard setback for a Townhouse dwelling with an
exposed end or side wall shall be 1.5 metres.
- The minimum Rear Yard Depth shall be 7.2 metres.
- The maximum lot coverage shall be as follows:
Block
Maximum Lot
Coverage
A
60%
B
42%
C
44%
D
49%
E
53%
F
48%
- The minimum width of each Townhouse unit shall be 6.0 metres.
- A Play Area shall be provided that will be no larger than 500 square metres.
- Notwithstanding Section 3.18 Street Requirement of the Zoning By- law,
buildings and structures may be erected on lands that do not front onto a
municipal street and a private street shall be deemed to be a public street.
LPAT Decision
PL180619
BL2020-47
6.4.37
Intentionally Left Blank
6.4.38
R3-38 Zone Schedule "H"
For the purposes of the Zoning By-law the Front Yard for all Street Townhouse
Units shall be 18th Street. Minimum Lot Area shall be 121 square metres/unit;
Minimum Lot Frontage shall be 5.5 metres; Minimum Front Yard Depth shall be
3.5 metres; Minimum Exterior Side Yard shall be 2.4 metres (Mosley Street) and
2.6 metres (Dunkerron Avenue); Minimum Interior Side Yard Width shall be 1.2
metres; Minimum Rear Yard Depth shall be 6.0 metres; Minimum Landscaped
Open Space shall be 13.5%; Maximum Lot Coverage shall be 60%; Minimum
Width per Unit shall be 5.5 metres; Minimum and Maximum Encroachment for
Porch/Veranda shall be 1.2 metres (front yard) and 2.2 metres (rear yard).
6.4.39
R3-39 Zone Schedule 'R'
Notwithstanding any other provision in this By-law to the contrary, the following
provisions shall apply to the lands zoned R3-39:
a)
Maximum number of residential units
58
b)
Minimum lot area (per unit)
148 sq.m.
c)
Minimum lot depth
19m
d)
Minimum lot frontage (per unit)
5.5m
e)
Minimum front yard depth:
i)
For habitable space
5m
ii)
For covered porch
3m
f)
Minimum exterior side yard:
i)
For habitable space
1.2m
ii)
For covered porch
1.0m
g)
Minimum Interior Side Yard
i)
For habitable space
1.2m
ii)
For covered porch
1.0m
h)
Minimum rear yard depth
i)
For habitable space
5m
ii)
For covered porch
3m
i)
Minimum outdoor amenity space for townhouse dwellings
16 sq.m.
j)
Minimum distance between a driveway and
an intersection of street lines
8m
BL2020-65
BL2021-111
BL2022-64
6.4.40
R3-40 Zone Schedule 'N'
Notwithstanding any other provision in this by-law to the contrary, the following
provisions shall apply to lands zoned "R3-40":
-
Minimum Lot Area:
155 square metres
-
Minimum Lot Frontage:
5.7 metres
-
Minimum Exterior Side Yard:
3.0 metres
-
Minimum Interior Side Yard (for exterior/end units only): 1.5 metres
-
Minimum Rear Yard:
7.0 metres
-
Maximum Lot Coverage:
47%
-
Minimum Width for Street Townhouse Unit (serviced by public water and
sanitary sewer systems):
5.7 metres
6.4.41
R3H1-41 Zone Schedule "F"
Permitted residential uses shall be limited to street townhouse dwelling units, and
one (1) attached accessory dwelling unit per lot, subject to Subsection 3.28. The
Minimum Exterior Side Yard shall be 4.0 metres, except where the front elevation
of a garage faces a street-line, in which case the Exterior Side Yard to the garage
shall be 6 metres. The maximum distance from the main wall of the dwelling unit
to the front elevation of a garage shall be 1.5 metres. The minimum Interior Side
Yard for an exposed end or side wall shall be 1.8 metres. The maximum lot
coverage shall be 45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions of
the R3H1-41 Zone, for corner lots where the daylighting triangle affects the
proposed building envelope, the exterior side yard setback shall be measured
from a line created by projecting the lot line to the point of intersection of the two
street lines, rather than the new lot line created by the dedication of the
daylighting triangle."
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental
protection zone shall not apply.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway
and an intersection of street lines, measured along the street line intersected by
such driveways, shall be 6.0 metres.
6.4.42
R3H-42 Zone Schedule "O"
Townhouse Dwelling
BL2022-64
BL2022-69
Minimum Lot Area shall be 132m2 per unit
Minimum Exterior Side Yard Width, shall be 3.9m from the private street
Minimum Interior Side Yard Width, shall be 1.8m
Maximum Lot Coverage shall be 50% (per lot) Minimum Rear Yard Width, shall be
7.2m Maximum Lot Coverage shall be 50% (per lot) Minimum Width per Unit shall be
5.5m
Street Townhouse Dwelling
Minimum Lot Area shall be 132m2 per unit
Minimum Interior Side Yard Width shall be 1.8m
Maximum Lot Coverage shall be 50% (per lot)
Minimum Width per Unit shall be 5.5m
Notwithstanding Section 3.38.2.4 of the Zoning By-law, tandem parking shall be
permitted
Notwithstanding Section 3.38.2.7 of the Zoning By-law, the minimum distance
between a driveway and an intersection of street lines shall be 7.0 meters.
6.4.43
R3H-43
Schedule "O"
Townhouse Dwelling
Minimum Lot Area shall be 132m2 per unit
Minimum Interior Side Yard Width shall be 3.0m
Maximum Lot Coverage shall be 50% (per lot)
Maximum Height: 10 m (two storeys)
Minimum Width per Unit shall be 5.5m
The Play Area for the dwelling units in this zone shall be located on lands within
the R3-42 zone of Zoning Bylaw 2003-60.
Notwithstanding Section 3.38.2.4 of the Zoning By-law, tandem parking shall be
permitted
Notwithstanding Section 3.38.2.7 of the Zoning By-law, the minimum distance
between a driveway and an intersection of street lines shall be 7.0 meters.
6.4.44
R3H-44
Schedule "P"
The maximum lot coverage for a townhouse dwelling located on an interior
townhouse lot shall be 49%. The maximum lot coverage for a townhouse dwelling
located on an exterior townhouse lot shall be 44%.
Subsection 6.3.13 Play Areas shall not apply.
Notwithstanding Subsection 3.18 Street Requirements of the Zoning By-law,
buildings and structures may be erected on lands that do not front onto a
municipal street and a private street shall be deemed to be a public street.
The Holding 'H' Provision may be lifted from the subject lands upon the following:
a) Execution of a Subdivision Agreement; and
b) Registration of a Plan of Subdivision.
6.4.45
R3H1-45 Zone Schedule 'F'
BL2021-111
BL2023-17
Permitted residential uses shall be limited to street townhouse dwelling units,
and one (1) attached accessory dwelling unit per lot, subject to Subsection
3.28. The Minimum Exterior Side Yard shall be 4.0 metres, except where the
front elevation of a garage faces a street-line, in which case the Exterior Side
Yard to the garage shall be 6 metres. The maximum distance from the main
wall of the dwelling unit to the front elevation of a garage shall be 1.5 metres.
The minimum Interior Side Yard for an exposed end or side wall shall be 1.8
metres. The maximum lot coverage shall be 45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard
provisions of the R3-45 Zone, for corner lots where the daylighting triangle
affects the proposed building envelope, the exterior side yard setback shall
be measured from a line created by projecting the lot line to the point of
intersection of the two street lines, rather than the new lot line created by
the dedication of the daylighting triangle.
Notwithstanding Section 3.12.1i) the 30m setback to an environmental
protection zone shall not apply.
6.4.46
R3H1-46 Zone Schedule "F"
BL2021-111
BL2023-17
Permitted residential uses shall be limited to street townhouse dwelling
units, and one (1) attached accessory dwelling unit per lot, subject to
Subsection 3.28. The Minimum Exterior Side Yard shall be 4.0 metres,
except where the front elevation of a garage faces a street-line, in which
case the Exterior Side Yard to the garage shall be 6 metres. The maximum
distance from the main wall of the dwelling unit to the front elevation of a
garage shall be 1.5 metres. The minimum Interior Side Yard for an exposed
end or side wall shall be 1.8 metres. The maximum lot coverage shall be
45%.
Notwithstanding General Provision 3.9.1 and the exterior side yard
provisions of the R3-46 Zone, for corner lots where the daylighting triangle
affects the proposed building envelope, the exterior side yard setback shall
be measured from a line created by projecting the lot line to the point of
intersection of the two street lines, rather than the new lot line created by
the dedication of the daylighting triangle.
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental
protection zone shall not apply.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway
and an intersection of street lines, measured along the street line intersected by
such driveways, shall be 6.0 metres.
6.4.47 R3-47 Zone Schedule "H"
A private street shall be considered a street. A Play Area with a minimum area
of 289 square metres shall be provided. The Play Area shall have a minimum
setback of 3.0 metres from any exposed residential building wall.
6.4.48 R3-48 Zone Schedule "H"
Notwithstanding Sections 6.3.1 a), 6.3.2 a), 6.3.3, 6.3.4, 6.3.5 b) ii) and iii), 6.3.6,
6.3.8, 6.3.9 a), 6.3.11, and 6.3.13 of the Residential Type 3 (R3) Zone, and
Sections 3.3.4, 3.3.5, 3.3.6, and 3.38.2.10 of the General Provisions, the following
provisions apply:
Street Townhouse Dwelling Unit
Lot Area (minimum) shall be 145 sq. m; Lot Frontage (minimum) shall be 6.5
metres; Front Yard Depth (minimum) shall be 2.8 metres; Exterior Side Yard
(minimum) shall be 3.0 metres from the exterior side wall to a parallel lot line and
1.8 metres from the exterior side wall to the daylight triangle; Interior Side Yard
(minimum) to an exposed end or side wall shall be 1.3 metres; Interior Side Yard
(minimum) to an exposed end or side wall abutting an R1 Zone shall be 1.39
metres; Rear Yard Depth (minimum) shall be 4.4 metres to the dwelling and 6.0
metres to the garage; Landscaped Open Space (minimum) shall be 24%; Lot
Coverage (maximum) shall be 68%; Width Per Unit (minimum) shall be 6.5 metre;
and no play area shall be required.
Porches / Verandas shall be setback a minimum of 0.90 metres from a daylight
triangle; Porches / Verandas, Balconies, steps and/or accessibility ramps may
project into any required front and rear yard a maximum distance of 1.55 metres
and Porches shall not exceed an area of 5.0 sq. metres; and driveways may be
established along an interior side lot line internal to the R3-48 Zone with a 0.0
metre setback.
6.4.49 R3-49 Zone Schedule "B"
Street Townhouse Dwelling Unit
-
Minimum Lot Frontage shall be 6 metres;
-
Minimum Lot Area shall be 167 square metres;
-
Minimum Front Yard Depth shall be 5 metres to the building face and 6
metres to the garage;
-
Minimum Front Yard Depth on corner units shall be 3 metres to the
building face;
-
Minimum Exterior Side Yard Width shall be 3 metres;
-
Minimum Interior Side Yard Width (exposed end or side wall) shall be 1.35
metres;
-
Minimum Interior Side Yard Width (exposed end or side wall abutting an
r1 or r2 zone) shall be 1.74 metres;
-
Minimum Rear Yard Depth shall be 7 metres;
-
Minimum Landscaped Open Space shall be 24%;
-
Maximum Lot Coverage shall be 60%; and,
-
Minimum Width per Unit shall be 6 metres.
Notwithstanding any policies to the contrary in the Zoning By-law, for the
purpose of the R3-49 Zone a minimum communal amenity space of 620
square metres shall be provided for the west phase, and a minimum
communal amenity space of 2860 square metres shall be provided for the
east phase.
Notwithstanding Section 3.1.5.2, for a street townhouse unit an interior side
yard setback of 0.6 metres to a heat pump or air conditioner shall be
permitted along the interior lot line where the vertical common wall is located.
Notwithstanding Section 3.3.4, porches/verandas are permitted in the
required front yard with a maximum area of 10 square metres and a
maximum height of
1.2 metres, provided that the porches/verandas maintain a minimum front
yard setback of 1.5 metres on lots with a sidewalk along the frontage and a
minimum front yard setback of 3 metres for lots that do not contain a sidewalk
along the frontage.
Notwithstanding Section 3.3.6, steps are permitted in the required front yard,
provided that the steps maintain a minimum front yard setback of 1.5 metres
on lots with a sidewalk along the frontage and a minimum front yard setback
of 3 metres for lots that do not contain a sidewalk along the frontage, and
provided that such uses are not below grade or not more than 1.2 metres
above grade within the required front yard.
Notwithstanding Section 3.3.6, steps may project into any required rear yard
a maximum distance of 4.5 metres provided that such uses are not below
grade or not more than 2.8 metres above grade within the required rear yard.
Notwithstanding Section 3.18, buildings and structures may be erected on
lands that do not front onto a municipal street and a private street shall be
deemed to be a public street.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway
and an intersection of street lines, measured along the street line intersected
by such driveways, shall be 6 metres in all Residential Zones for street
townhouses.
Notwithstanding Section 3.38.2.10, for street townhouses non-abutting
driveways may be established with a 0 metre setback along an interior lot
line.
6.4.50 R3-50 Zone Schedule "B"
Back-to-Back Townhouse Dwelling Unit
-
Permitted uses shall include back-to-back townhouses;
-
Minimum Lot Frontage shall be 6.4 metres;
-
Minimum Lot Area shall be 90 square metres;
-
Minimum Front Yard Depth shall be 5 metres to the building face and 6
metres to the garage;
-
Minimum Front Yard Depth on corner units shall be 3 metres to the
building face;
-
Minimum Exterior Side Yard Width shall be 3 metres;
-
Minimum Interior Side Yard Width (exposed end or side wall) shall be 1.35
metres;
-
Minimum Rear Yard Depth shall be 0 metres;
-
Minimum Landscaped Open Space shall be 7%;
-
Maximum Lot Coverage shall be 70%;
-
Maximum Height of Building shall be 13 metres;
-
Minimum Width per Unit shall be 6.4 metres; and,
-
Maximum Units per Structure shall be 16
Notwithstanding any policies to the contrary in the Zoning By-law, for the
purposes of the R3-50 Zone a minimum communal amenity space of 620
square metres shall be provided for the west phase, and a minimum
communal amenity space of 2860 square metres shall be provided for the
east phase.
Notwithstanding Section 3.1.5.2, an interior side yard setback of 0.6 metres
to a heat pump or air conditioner shall be permitted along the interior lot line
where the vertical common wall is located. For back-to-back townhouses the
air conditioner/heat pump units can be located on the balconies within the
front yard.
Notwithstanding Section 3.3.4, porches/verandas are permitted in the
required front yard with a maximum area of 10 square metres and a
maximum height of 1.2 metres, provided that the porches/verandas maintain
a minimum front yard setback of 1.5 metres on lots with a sidewalk along the
frontage and a minimum front yard setback of 3 metres for lots that do not
contain a sidewalk along the frontage.
Notwithstanding Section 3.3.5, for back-to-back townhouses balconies are
permitted in the required front yard, provided that the balconies maintain a
minimum front yard setback of 1.5 metres on lots with a sidewalk along the
frontage and a minimum front yard setback of 3 metres for lots that do not
contain a sidewalk along the frontage, and provided that the balconies are
located at a greater height than the bottom of the first floor ceiling
joists.Notwithstanding any policies to the contrary in the Zoning By-law, a
balcony shall not extend beyond a porch/veranda whether over the porch or
driveway.
Notwithstanding Section 3.3.6, steps are permitted in the required front yard,
provided that the steps maintain a minimum front yard setback of 1.5 metres
on lots with a sidewalk along the frontage and a minimum front yard setback
of 3 metres for lots that do not contain a sidewalk along the frontage, and
provided that such uses are not below grade or not more than 1.2 metres
above grade within the required front yard.
Notwithstanding Section 3.10, where a lot includes a portion of an easement,
such easement may be considered part of the lot for the purpose of
computing the lot area and the yard depth or width of the lot, provided that
the depth of the rear yard of the lot shall not be less than 0 metres for the
back-to-back townhouses.
Notwithstanding Section 3.18, buildings and structures may be erected on
lands that do not front onto a municipal street and a private street shall be
deemed to be a public street.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway
and an intersection of street lines, measured along the street line intersected
by such driveways, shall be 8 metres in all Residential Zones for back-to-
back townhouses.
R3-50T Zone Schedule "B"
Temporary Sales Centre
A Sales Centre shall also be a permitted use subject to the following
provisions:
-
The minimum lot area requirement for the area subject to the temporary
use shall be 0.11 hectares;
-
The minimum lot frontage requirement for the area subject to the
temporary use shall be 29.09 metres;
-
The minimum front yard setback, as measured from the front lot line post-
road widening, shall be 6 metres;
-
The minimum interior side yard setback shall be 3.2 metres;
-
A total of 6 parking stalls will be provided;
-
The front deck may project a maximum distance of 2.4 metres into any
required front yard provided it is not more than 1 metre above finished
grade;
-
Notwithstanding Section 3.3.6, Steps and Accessibility Ramps, an
accessibility ramp may project into any required front yard a maximum
distance of 2 metres provided that such uses are not below grade or not
more than 1 metre above grade within the required yard; and
-
The Sales Centre building shall not exceed an area of 66 square metres.
This is a temporary zone, and the permissions granted within this zone are
for a time period of 3 years from November 14, 2024, after which time these
permissions shall be deemed to expire if an extension is not subsequently
granted, and the provisions of the R3-50 Zone will apply.
6.4.51 R3-51 Zone Schedule ""
6.4.52 R3-52 Zone Schedule ""
6.4.53 R3-53 Zone Schedule ""
6.4.54 R3-54 Zone Schedule "A"
Back-to-Back Townhouse Dwelling Unit
Permitted uses shall include back-to-back townhouses;
Minimum Lot Area shall be 100 square metres;
Minimum Lot Frontage shall be 7 metres;
Minimum Front Yard Depth on corner units shall be 3 metres to the building face,
notwithstanding the end unit on the northern portion of Block 35 which shall have
a minimum front yard depth of 2.69 metres;
Minimum Exterior Side Yard Width shall be 3.5 metres;
Minimum Interior Side Yard Width (exposed end or side wall) shall be 1.35
metres;
Minimum Rear Yard Depth shall be 0 metres;
Minimum Landscaped Open Space shall be 17%;
Maximum Lot Coverage shall be 65%;
Minimum Width per Unit shall be 7 metres;
Maximum Units per Structure shall be 14; and,
The required Play Area can be consolidated into a larger area and provided on a
nearby lot/block.
Notwithstanding Section 3.1.5.2, an interior side yard setback of 0.6 metres to a
heat pump or air conditioner shall be permitted along the interior lot line where the
vertical common wall is located. For back-to-back townhouses the air
conditioner/heat pump units can be located on the balconies within the front yard.
Notwithstanding Section 3.3.4, porches/verandas for interior units may project into
any required front yard a maximum distance of 1.5 metres provided that they are
not more than 1.2 metres above finished grade and shall not exceed an area of 8
square metres.
Notwithstanding Section 3.3.4, porches/verandas for corner units may project into
any required front yard with a maximum height of 1.2 metres above finished
grade, and a maximum area of 8 square metres, provided that the
porches/verandas maintain a minimum front yard setback of 3 metres.
Notwithstanding Section 3.3.5, balconies for interior units may project into any
required front yard a maximum distance of 1.5 metres provided that they are
located at a greater height than the bottom of the first floor ceiling joists.
Notwithstanding Section 3.3.5, balconies for corner units may project into any
required front yard provided that the balconies maintain a minimum front yard
setback of 3 metres, and provided that they are located at a greater height than
the bottom of the first floor ceiling joists.
Notwithstanding Section 3.3.6, steps and/or accessibility ramps to an entrance
may project into any required front yard, provided that the steps maintain a
minimum front yard setback of 3 metres, and provided that such uses are not
below grade or not more than 1.2 metres above grade within the required front
yard.
Notwithstanding Section 3.10, where a lot includes a portion of an easement, such
easement may be considered part of the lot for the purpose of computing the lot
area and the yard depth or width of the lot.
Notwithstanding Section 3.18, buildings and structures may be erected on lands
that do not front onto a municipal street and a private street shall be deemed to be
a public street.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and
an intersection of street lines, measured along the street line intersected by such
driveways, shall be 7 metres in all Residential Zones for back-to-back townhouse
dwelling units.
6.4.55 R3-55 Zone Schedule "A"
Street Townhouse Dwelling Unit
Minimum Lot Area shall be 145 square metres;
Minimum Lot Frontage shall be 5.5 metres;
Minimum Front Yard Depth on corner units shall be 3 metres to the building face;
Minimum Exterior Side Yard Width shall be 3.4 metres;
Minimum Interior Side Yard Width (exposed end or side wall) shall be 1.35
metres;
Minimum Interior Side Yard Width (exposed end or side wall abutting an R2 zone)
shall be 1.35 metres;
Minimum Rear Yard Depth shall be 6 metres;
Maximum Lot Coverage shall be 55%; and,
Minimum Width per Unit shall be 5.5 metres
Notwithstanding Section 3.3.4, porches/verandas for interior units may project into
any required front yard a maximum distance of 1.5 metres provided that they are
not more than 1.2 metres above finished grade and shall not exceed an area of 8
square metres.
Notwithstanding Section 3.3.4, porches/verandas for corner units may project into
any required front yard with a maximum height of 1.2 metres above finished
grade, and a maximum area of 8 square metres, provided that the
porches/verandas maintain a minimum front yard setback of 3 metres.
Notwithstanding Section 3.3.5, balconies for interior units may project into any
required front or rear yard a maximum distance of 1.5 metres provided that they
are located at a greater height than the bottom of the first floor ceiling joists.
Notwithstanding Section 3.3.5, balconies for corner units may project into any
required rear yard a maximum distance of 1.5 metres, and may project into any
required front yard provided that the balconies maintain a minimum front yard
setback of 3 metres, and provided that they are located at a greater height than
the bottom of the first floor ceiling joists.
Notwithstanding Section 3.3.6, steps and/or accessibility ramps to an entrance
may project into any required front yard, provided that the steps maintain a
minimum front yard setback of 3 metres, and provided that such uses are not
below grade or not more than 1.2 metres above grade within the required front
yard.
Notwithstanding Section 3.18, buildings and structures may be erected on lands
that do not front onto a municipal street and a private street shall be deemed to be
a public street.
Notwithstanding Section 3.38.2.7, the minimum distance between a driveway and
an intersection of street lines, measured along the street line intersected by such
driveways, shall be 2 metres for the eastern most driveway of the street
townhouse dwelling unit on Block 21.
6.4.56 R3-56 Zone Schedule "O"
Minimum Lot Area - 160 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 6 metres
Minimum Landscaped Open Space - 20%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.10 metres
Minimum Parking Space Size (internal to garage) - 2.7 metres X 6.0 metres
unobstructed area
Maximum Driveway Width - 3.2 metres
Play Area - not required (section 6.3.13).
Section 3.38.2.8 shall not apply to this zone.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located in
the rear yard; accessory air conditioner, heat pump, utility meter or similar item
may project into any required yard, but its location shall not interfere with the
surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are
permitted in the exterior side yard and may encroach up to 1.5
metres of the required exterior side yard, for a maximum area for a
porch of 8 square metres provided that such uses are not below
grade or not more than 1.2 metres above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are
permitted in the front and may encroach up to 3.0 metres of the
required front yard for a maximum area for a porch of 8 square
metres provided that such uses are not below grade or not more than
1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard
no closer than 2.5 metres to the rear lot line, and not more than 3
metres above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum
of 1.8 metres provided that they are located at a greater height than
the bottom of the first floor ceiling joists and provided there is no
encroachment into the 3 metre utility easement. A balcony located on
top of a porch/veranda may encroach to the same extent and may
include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
6.4.57 R3-57 Zone Schedule "O"
Permitted Use: Rear Lane Townhouse
Minimum Lot Area - 125 square metres
Minimum Lot Frontage - 5.7 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard (house) - 4.5 metres
Minimum Rear Yard (garage) - 6 metres
Minimum Landscaped Open Space - 10%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 5.8 metres
Maximum Driveway Width - 4 metres on interior units
Play Area - not required (section 6.3.13)
Section 3.38.2.8 shall not apply to this zone
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed
Notwithstanding 3.1.5.2, Air Conditioning units and heat pump may be located in
the front yard; accessory air conditioner, heat pump, utility meter or similar item
may project into any required yard, but its location shall not interfere with the
surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3,
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
6.4.58 R3-58 Zone Schedule "O"
Permitted Use - Back-to-Back Townhouse
Minimum Lot Area - 85 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 0 metres
Minimum Landscaped Open Space - 8%
Maximum Lot Coverage - 75%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.5 metres
Maximum Driveway Width - 3.2 metres
Maximum Unit Per Structure - 16
Play Area - not required (section 6.3.13)
Section 3.38.2.8 shall not apply to this zone
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located on
a balcony in the front yard; accessory air conditioner, heat pump, utility meter or
similar item may project into any required yard, but its location shall not interfere
with the surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
6.4.59 R3-59 Zone Schedule "O"
Minimum Lot Area - 160 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 6 metres
Minimum Landscaped Open Space - 20%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.10 metres
Minimum Parking Space Size (internal to garage) - 2.7 metres X 6.0 metres
unobstructed area
Maximum Driveway Width - 3.2 metres
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 6.0 metres.
Section 3.38.2.8 shall not apply to this zone.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located
in the rear yard; accessory air conditioner, heat pump, utility meter or similar
item may project into any required yard, but its location shall not interfere with
the surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are
permitted in the exterior side yard and may encroach up to 1.5 metres
of the required exterior side yard, for a maximum area for a porch of 8
square metres provided that such uses are not below grade or not more
than 1.2 metres above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are
permitted in the front and may encroach up to 3.0 metres of the
required front yard for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2
metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard
no closer than 2.5 metres to the rear lot line, and not more than 3
metres above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of
1.8 metres provided that they are located at a greater height than the
bottom of the first floor ceiling joists and provided there is no
encroachment into the 3 metre utility easement. A balcony located on
top of a porch/veranda may encroach to the same extent and may
include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished
grade are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures
within the interior side yard shall maintain a minimum setback of 0.3 metres
from the property line.
6.4.60 R3-60 Zone Schedule "O"
Minimum Lot Area - 125 square metres
Minimum Lot Frontage - 5.7 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard (house) - 4.5 metres
Minimum Rear Yard (garage) - 6 metres
Minimum Landscaped Open Space - 10%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 5.8 metres
Maximum Driveway Width - 4 metres on interior units
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 6.0 metres.
Section 3.38.2.8 shall not apply to this zone.
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located in
the front yard; accessory air conditioner, heat pump, utility meter or similar item
may project into any required yard, but its location shall not interfere with the
surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the
3-metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
6.4.61 R3-61 Zone Schedule "O"
Permitted Use - Back-to-Back Townhouse
Minimum Lot Area - 85 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 0 metres
Minimum Landscaped Open Space - 8%
Maximum Lot Coverage - 75%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.5 metres
Maximum Driveway Width - 3.2 metres
Maximum Unit Per Structure - 16
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 6.0 metres.
Section 3.38.2.8 shall not apply to this zone.
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located on
a balcony in the front yard; accessory air conditioner, heat pump, utility meter or
similar item may project into any required yard, but its location shall not interfere
with the surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
6.4.62 R3-62 Zone Schedule "O"
Minimum Lot Area - 160 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 6 metres
Minimum Landscaped Open Space - 20%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.10 metres
Minimum Parking Space Size (internal to garage) - 2.7 metres X 6.0 metres
unobstructed area
Maximum Driveway Width - 3.2 metres
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 7.5 metres.
Section 3.38.2.8 shall not apply to this zone.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located in
the rear yard; accessory air conditioner, heat pump, utility meter or similar item
may project into any required yard, but its location shall not interfere with the
surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line.
6.4.63 R3-63 Zone Schedule "O"
Permitted Use: Rear Lane Townhouse
Minimum Lot Area - 125 square metres
Minimum Lot Frontage - 5.7 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard (house) - 4.5 metres
Minimum Rear Yard (garage) - 6 metres
Minimum Landscaped Open Space - 10%
Maximum Lot Coverage - 65%
Maximum Height - 13.5 metres
Minimum Unit Width - 5.8 metres
Maximum Driveway Width - 4 metres on interior units
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 7.5 metres.
Section 3.38.2.8 shall not apply to this zone.
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located in
the front yard; accessory air conditioner, heat pump, utility meter or similar item
may project into any required yard, but its location shall not interfere with the
surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3.
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line.
6.4.64 R3-64 Zone Schedule "O"
Permitted Use - Back-to-Back Townhouse
Minimum Lot Area - 85 square metres
Minimum Lot Frontage - 6 metres
Minimum Front Yard Setback (house) - 4 metres
Minimum Front Yard Setback (garage) - 6 metres
Minimum Exterior Side Yard - 2.4 metres to the daylighting triangle and 3.0
metres for the remainder of the property boundary
Minimum Interior Side Yard - 0 metres, 1.35 metres (exposed end wall)
Minimum Rear Yard - 0 metres
Minimum Landscaped Open Space - 8%
Maximum Lot Coverage - 75%
Maximum Height - 13.5 metres
Minimum Unit Width - 6.5 metres
Maximum Driveway Width - 3.2 metres
Maximum Unit Per Structure - 16
Play Area - not required (section 6.3.13)
Notwithstanding 3.38.2.7 - the minimum distance between a driveway and an
intersection of street lines, measured along the street line intersected by such
driveways, shall be 7.5 metres.
Section 3.38.2.8 shall not apply to this zone.
Minimum Balcony Amenity Area - 7.0 square metres, unobstructed.
Notwithstanding 3.1.5.2 Air Conditioning units and heat pump may be located on
a balcony in the front yard; accessory air conditioner, heat pump, utility meter or
similar item may project into any required yard, but its location shall not interfere
with the surface drainage of water or impede a pathway to the rear yard.
Notwithstanding Section 3.3:
i.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the exterior side yard and may encroach up to 1.5 metres of the required
exterior side yard, for a maximum area for a porch of 8 square metres
provided that such uses are not below grade or not more than 1.2 metres
above grade.
ii.
Porches/verandas inclusive of steps and accessibility ramps are permitted
in the front and may encroach up to 3.0 metres of the required front yard
for a maximum area for a porch of 8 square metres provided that such
uses are not below grade or not more than 1.2 metres above grade.
iii.
Steps and accessibility ramps may project into any required rear yard no
closer than 2.5 metres to the rear lot line, and not more than 3 metres
above grade.
iv.
Steps below grade can project 2.5 metres from the rear main wall.
v.
Balconies may project into any required front or rear yard a maximum
distance of 2 metres and into any required exterior yard a maximum of 1.8
metres provided that they are located at a greater height than the bottom of
the first-floor ceiling joists and provided there is no encroachment into the 3
metre utility easement. A balcony located on top of a porch/veranda may
encroach to the same extent and may include vertical supports.
Notwithstanding section 27.110, a porch/deck in the front or rear yard up to a
maximum of 8 square metres is not included when calculating lot coverage;
uncovered and covered balconies greater than 2.5 metres above finished grade
are not included when calculating lot coverage.
Notwithstanding Section 3.3.1, ornamental and communication structures within
the interior side yard shall maintain a minimum setback of 0.3 metres from the
property line
SECTION 7- RESIDENTIAL TYPE 4 (R4) ZONE
7.1
No person shall within any Residential Type 4 (R4) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or
use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein:
7.2
PERMITTED USES
7.2.1
Residential Uses:
a) Apartment dwelling
b) Townhouse dwelling
7.2.2
Non-residential Uses:
a) Accessory use directly related to the uses permitted in the R4 Zone
b) Public use
7.3
ZONE PROVISIONS
7.3.1
Lot Area (minimum):
835.sq.m
7.3.2
Lot Frontage (minimum):
30 m
7.3.3
Front Yard Depth (minimum):
6 m
7.3.4
Exterior Side Yard Width (minimum):
6 m
7.3.5
Interior Side Yard Width (minimum):
6 m
7.3.6
Rear Yard Depth (minimum):
6 m
7.3.7
Dwelling Unit Area (minimum):
a) Apartment dwelling unit containing one bedroom or less
37 sq.m
b) Apartment dwelling unit containing two bedrooms
65 sq.m
c) Apartment dwelling unit containing three bedrooms
83 sq.m
d) Apartment dwelling unit containing more than three bedrooms 83 sq.m
plus an additional 9 sq.m for each bedroom in excess of 3
e) Townhouse dwelling unit
65 sq.m
7.3.8
Height of Building (maximum):
12 m
7.3.9
Gross Floor Area, Apartment (maximum):
100% of lot area
7.3.10
Lot Coverage (maximum):
35%
7.3.11
Landscaped Open Space (minimum):
35%
7.3.12
Courts:
Where a building is in a court form, the distance between the opposing walls of
the building forming the court shall be not less than 20 m or the height of the
highest portion of the building, whichever is greater.
7.3.13
Recreation Use Areas:
A recreation use area shall be provided on each lot containing more than 8
dwelling units in accordance with the following provisions:
a. Minimum area: 5% of lot area
b. Location: not in any privacy yard nor in any required front yard
7.3.14
Privacy Yards:
In the case of a wall containing a first storey habitable room window, a privacy
yard having a depth of not less than 6 m shall be provided adjoining each
exterior wall of every dwelling unit. For the purposes of this section, a window
shall be considered to be located on the first storey if any part of the glazing is
less than 2.4 m above the finished adjacent grade.
7.3.15
Servicing:
No lot in any R4 Zone shall be used for a dwelling unit unless such lot is served
by a public water system and a sanitary sewer system.
7.3.16.1
Accessory Uses see Section 3.1
7.3.17
Parking Provisions see Section 3.38
7.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular R4 Zone except as noted:
7.4.1
R4-1 Zone
Schedule "P"
No Lot Frontage shall be required, the Front Yard Depth (minimum) shall be
7.6m, the Exterior Side Yard Width (minimum) shall be 7.6m, the Interior Side
Yard Width (minimum) shall be 7.6m, the Rear Yard Depth (minimum) shall be
7.6m, and the Landscaped Open Space (minimum) shall be 10%.
7.4.2
R4-2 Zone
Schedule 'O'
Maximum building height shall be 20.0 metres (maximum five storey); any part,
above finished grade, of a building or structure which is used for the storage or
parking of motor vehicles shall be excluded from the calculation of Gross Floor
Area, Apartment; maximum lot coverage shall be 85%; minimum front yard
depth shall be 4.5 metres; minimum exterior side yard width shall be 4.5 metres;
minimum interior yard width shall be 4.5m and minimum rear yard depth shall
be 4.5 metres.
7.4.3
R4-3 Zone
Schedule 'F'
The Interior Side Yard Width (minimum) for the northern building shall be
7 metres to the face of the building, the Interior Side Yard Width (minimum) for
the southern building shall be 0 metres to the closest zone line, the Front Yard
Depth (minimum) of the northern most apartment building shall be 60 metres to
the face of the building, the Front Yard Depth (minimum) of the southernmost
apartment building shall be 50 metres to the face of the building, the Rear Yard
Depth (minimum) to the northern building shall be 6 metres to the property line,
the Rear Yard Depth (minimum) to the southern building shall be 1 metre to the
closest zone line, the Front Yard Depth (minimum) for the accessory building
shall be 15 metres, the Height of Building (maximum) of the northern most
building from the ground to the top of the roof shall be 28 metres, the Height of
Building (maximum) of the second building from the ground to the top of the roof
shall be 25 metres, one accessory building shall be permitted to a maximum
building footprint of 372 square metres and a Height of Building (maximum) of
6.1 metres, Off Street Parking Requirements for the accessory building be a
total of 15 spaces.
7.4.4
R4-4 Zone
Schedule "R"
In addition to the permitted non-residential uses in the R4 zone, a private park
shall also be permitted; For purposes of the R4-4 Zone, the minimum 5% play
area shall not need to be located on the lot but shall be required in the general
vicinity, and the location shall be determined through site plan approval; Section
7.3, Zone Provisions, applies to the lands zoned R4-4, except where specifically
identified below:
Townhouse Dwellings
Minimum lot depth for townhouse dwellings shall be 27.0 metres; Minimum front
yard depth for townhouse dwellings shall be 4.0 metres to the building face;
Minimum exterior side yard depth for townhouse dwellings shall be 4.0 metres;
Minimum interior side yard depth for townhouse dwellings shall be 1.5 metres
on the end-unit side and 0.0 metres on the interior side; Minimum rear yard
depth for the deck portion only of townhouse dwellings shall be 2.0 metres
abutting the Open Space (OS) Zone or Rural (R) Zone; Minimum dwelling unit
area for townhouse dwelling units shall comply with Section 7.3.7 e), Zone
Provisions, under this By-Law; Maximum height of building for townhouse
dwellings shall be 14.0 metres; Maximum lot coverage for townhouse dwelling
units shall be 80%; Minimum landscaped open space for townhouse dwelling
units shall be 15%; Maximum driveway width for townhouse dwelling units shall
be 6.0 metres; Townhouse dwellings are subject to Court provisions for distance
separation between dwellings opposite each other on a private street; Minimum
outdoor amenity space on a terrace or balcony for townhouse dwellings shall be
25 square metres per unit for ground floor units only.
Notwithstanding General Provision 3.38.2.4, Off Street Parking Requirements,
within the R4-4 zone for townhouse dwellings, tandem parking spaces shall be
permitted to be calculated in order to meet minimum parking requirements.
Apartment Dwellings
Minimum lot depth for apartment dwellings shall be 27.0 metres; Minimum front
yard depth for apartment dwellings shall be 5.0 metres to the building face;
Minimum exterior side yard depth for apartment dwellings shall be 5.0 metres;
Minimum interior side yard depth for apartment dwellings shall be 5.0 metres;
Minimum rear yard depth for apartment dwellings shall be 5.0 metres abutting
Open Space (OS) Zone or Rural (R) Zone; Maximum height of building for
apartment dwellings shall be 15 metres; Maximum lot coverage for apartment
dwellings shall be 55%; Minimum landscaped space for apartment dwellings
shall be 25%; Maximum driveway width for apartment dwelling units shall be 6.0
metres; Apartment dwellings are subject to Court provisions for distance
separation between dwellings opposite each other on a private street; Minimum
outdoor amenity space for apartment dwellings shall be 0.0 square metres;
All Dwelling Unit Types
For purposes of the R4-4 zone, a private street or private lane shall be deemed
to be a public street as defined in this By-Law; Notwithstanding the General
Provisions to the contrary contained in Section 3, the following provisions shall
apply: Dwelling Unit Access shall mean the primary front access to a residential
dwelling unit from either a Public Street, a Private Street and/or a Public Open
Space or Private Outdoor Amenity Space.
7.4.5
R4-5 Zone
Schedule "O"
Maximum building height shall be 13.5 metres; parking spaces shall be provided
at a minimum rate of 0.95 parking spaces per unit; and the required privacy yard
shall not apply.
7.4.6
R4-6 Zone
Schedule "O"
Minimum exterior side yard depth shall be 3.0 metres; maximum building height
shall be 15 metres; minimum privacy yard shall be 2.0 metres; minimum off
street parking requirements shall be 79 spaces; and a 6.0 metre encroachment
into the required front yard shall be permitted for steps/accessibility ramps.
7.4.7
R4-7 Zone
Schedule "F"
Notwithstanding:
- Section 7.7.3 respecting minimum front yard, the depth shall be 2 metres;
- Section 7.3.5 respecting minimum interior side yard, the minimum interior
side yard shall be 5 metres;
- Section 7.3.8 respecting maximum building height, the maximum number
of storeys shall be 6 and the maximum building height shall be 21 metres;
- Section 7.3.9 respecting maximum gross floor area for an apartment
building, the maximum gross floor area shall be 140%;
- Section 7.3.10 respecting maximum lot coverage, the maximum lot
coverage shall be 45%;
- Section 7.3.13 respecting the recreation use areas, the minimum
recreation use area does not apply; and
- Section 7.3.14 respecting privacy yards, the minimum privacy yard
adjacent to a wall containing a first storey habitable room window shall
not apply.
BL2020-48
BL2022-64 &
BL2023-17
7.4.8
R4-8 Zone
Schedule "F"
- Height of Building (maximum): 24 metres (6 storeys)
- Front Yard Depth (minimum): 2 metres
- Interior Side Yard Width (minimum): 5 metres Lot
Coverage (maximum): 45%
- Gross Floor Area, Apartment (maximum): 140% Section
7.3.14 Privacy Yards -- shall not apply.
Notwithstanding General Provision 3.9.1 and the exterior side yard provisions
of the R4-8 Zone, for corner lots where the daylighting triangle affects the
proposed building envelope, the exterior side yard setback shall be measured
from a line created by projecting the lot line to the point of intersection of the two
street lines, rather than the new lot line created by the dedication of the
daylighting triangle.
Notwithstanding Section 3.12.1 i) the 30m setback to an environmental
protection zone shall not apply.
7.4.9
R4H-9 Zone Schedule "O"
Minimum Interior Side Yard Width, shall be 4.75m. Minimum Play Area shall be 3%
(105 m2) of the site area.
7.4.10
R4-10 Zone Schedule "A"
Mixed-Use Buildings
To permit the following additional uses:
- Business, Professional or medical office;
- Financial services;
- Arcade or games establishment;
- Club;
- Laundromat;
- Nursery day care
- Personal service shop;
- Printing shop;
- Restaurant or take out restaurant;
- Retail store;
- Studio;
- Tavern;
- Veterinary clinic; and,
- Outside display of goods accessory to a permitted use.
Maximum Building height shall be 20 metres;
Maximum Gross Floor Area for all mixed-use buildings and structures shall be 125%
of the lot area;
Maximum Gross Floor Area for the commercial retail space shall be 500 square
metres;
Minimum Landscaped Open Space shall be 30%;
A Recreation use area with an overall minimum area of 467 square metres is
required, and may be consolidated into a larger area and be provided for on a nearby
lot/block; and,
A minimum of 1 parking space per dwelling unit shall be permitted for the residential
apartment uses, and a minimum of 1 parking space per 18 square metres of gross
floor area shall be permitted for the proposed commercial uses.
Notwithstanding Section 3.13.2, a planting strip with a minimum width of 2.1 metres is
required where the interior side lot line or rear lot line of the mixed-use building block
abuts residential uses or land within a Residential Zone.
Notwithstanding Section 3.18, buildings and structures may be erected on lands that
do not front onto a municipal street and a private street shall be deemed to be a
public street.
Notwithstanding Section 3.38.3.1, commercial parking areas may be established with
a 1.2 metre setback to a street line.
The Holding 'H' Provision may be lifted from the subject lands upon the following:
a)
Execution of a Site Plan Agreement and
b)
Registration of a Site Plan Agreement
SECTION 8 - RESIDENTIAL MODULAR HOME (RM) ZONE
8.1
No person shall in any Residential Modular Home (RM) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than for one or more of the following uses and in accordance with
the following provisions or requirements as set out herein:
8.2
PERMITTED USES
8.2.1
Residential Uses:
a)
modular/mobile home park
8.2.2
Non-residential Uses:
a)
Administrative or rental office
b)
Convenience commercial facility
c)
General storage compound
d)
Laundromat for the use of the park residents
e)
Open space and park use
f)
Public use
g)
Recreational center
h)
Storage shed for each modular home provided that the non- residential
uses are provided exclusively for the use of the residents of the modular
home park
8.3
ZONE PROVISIONS
8.3.1
Park Area (minimum):
4 ha
8.3.2
Park Frontage (minimum):
60 m
8.3.3
Park Front Yard Depth (minimum):
30 m
8.3.4
Park Side Yard Width (minimum):
18 m
8.3.5
Park Rear Yard Depth (minimum):
18 m
8.3.6
Unit Site Size (minimum):
295 sq.m
8.3.7
Unit Site Width (minimum):
10.5 m
8.3.8
Maximum Density:
Shall not exceed
20 units per gross
hectare
8.3.9
Maximum Units per Site:
1 unit
8.3.10
Minimum Side to Side Separation of units:
5 m
8.3.11
Minimum End to End Separation of units:
3 m
8.3.12
Minimum End to Side Separation of units:
5 m
8.3.13
Height of Building (maximum):
9.5 m
8.3.14
Maximum Unit Site Coverage:
35%
The determination of maximum unit site coverage, as set out in 8.3.14, shall be
the same as the method set out in this By-law for lot coverage and for the
purpose of this subsection, the words, "lot" and "site" shall be the same.
8.3.15
Minimum Unit Floor Area:
70 sq.m
8.3.16
Accessory Storage Facilities provided by the developer for each unit shall
be:
a)
Required to provide inside storage of materials, furniture, tools and
outdoor equipment. No outside storage, shall be permitted;
b)
A minimum size of 2.4 cu.m. per unit is required;
c)
Provided on each site or in centrally located structures. Each collective
storage structure shall provide one space for every ten units which shall
be located not further than 60 m from each unit. All storage facilities shall
be constructed of suitable weather resistant materials.
8.3.17
An open air storage compound located and buffered in such a manner as to be
inconspicuous shall be provided for the residents, having adequate space for
the storage of house and/or park model trailer, motor homes, boats,
snowmobiles, etc.
8.3.18
Non-habitable cellars will be permitted with a maximum above grade opening
elevation of 0.8 m with no outside entrances permitted.
8.3.19
A skirt of metal or ornamental fencing must be constructed to the satisfaction of
the Building Inspector and shall encircle the unit in such a manner that trash,
animals and children may not gain access to the area beneath the unit and
further that such screening will cover an otherwise objectionable view.
8.3.20
All internal roads must be to a minimum right-of-way width of 12 m and a
minimum paved width of 7.6 m.
8.3.21
All services such as hydro, telephone, water, etc. shall be located underground.
8.3.22
A planting strip not less than 9m in width shall be reserved along all sides of the
modular home park and shall be used for no other purpose than sodding and
for planting.
8.3.23
One car space shall be provided for each unit plus an additional car space for
each four sites to provide for guest parking. One car space to be located on the
site of each unit with parking bays to be allocated for visitor parking within
reasonable walking distance of units and located throughout the modular home
park. Parking space to be minimum width of 2.8 m and a minimum length of 5.5
m. Such parking area shall not be used for the storage of boats, trailers and
other vehicles. Parking is not allowed other than in designated areas.
8.3.24
Accessory Uses see Section 3.1
8.3.25
Parking Provisions see Section 3.38
8.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular RM Zone except as noted:
8.4.1
RM-1 Zone Schedule "Q"
The Unit Site Size (minimum) shall be 418 square metres; the Minimum Side to
Side Separation of Units shall be 3.6 metres; the Minimum End to End
Separation of units shall be 6.1 metres; the Minimum End to Side Separation of
units shall be 3.6; and, two car spaces shall be provided for each unit and shall
be located on the site of each unit.
8.4.2
RM-2 Zone Schedule "Q"
Park model trailers shall also be permitted; the Unit Site Size (minimum) shall
be 418 square metres; the Minimum Side to Side Separation of Units shall be
3.6 metres; the Minimum End to End Separation of units shall be
6.1 metres; the Minimum End to Side Separation of units shall be 3.6; and, two
car spaces shall be provided for each unit and shall be located on the site of
each unit.
8.4.3
RM-3 Zone Schedule "Q"
Park model trailers shall also be permitted; the Unit Site Size (minimum) shall
be 418 square metres; the Minimum Side to Side Separation of Units shall be
3.0 metres; the Minimum End to End Separation of units shall be
6.1 metres; the Minimum End to Side Separation of units shall be 3.0; and, two
car spaces shall be provided for each unit and shall be located on the site of
each unit.
8.4.4
RM-4 Zone Schedule "Q"
The unit site size (minimum) shall be 418 square metres; the minimum side to
side separation of units shall be 3.6 metres; the minimum end to end separation
of units shall be 20 metres; the minimum end to side separation of units shall be
3.6 metres; two car spaces shall be provided each unit and shall be located on
the site of each unit; and the maximum site coverage shall be 45%.
8.4.5
RM-5 Zone Schedule "Q"
Permitted uses shall include semi-detached modular homes; a minimum front
yard depth of 13 metres (42.7 feet); a minimum park side yard depth of 7.0
metres (22.96 feet) except for the site located at the corner of Ryther Road and
Flos Road Seven that backs onto Ryther Road where the minimum park side
yard depth will be 4.5 metres; no minimum park rear yard depth; no accessory
storage facilities required; a minimum side to side separation of units to be 3.6
metres (11.8 feet); a vertical common wall interior side yard of 0 metres; a
maximum site coverage of 45%; a minimum road paved width of 6.0 metres
(19.68 feet); and a 3.0 metres (9.8 feet) planting strip that will be required on the
westerly property line along Ryther Road and the northerly property line
adjacent to the unopened portion of Flos Road Six only. Notwithstanding
Section 8.2.1 which permits residential use in the form of 'modular/mobile home
park', and notwithstanding the definition of modular home within Section 27
herein, the residential uses may also be constructed on-site using the standard
constructions techniques of framing, enclosing and finishing commonly known
as 'stick-built'.
8.4.6
RM-6 Zone Schedule "Q"
The minimum park front yard depth is 0 metres; the minimum park side yard
depth is 7.0 metres (22.96 feet); the minimum park rear yard depth is 7.5 metres
(24.6 feet); no accessory storage facilities are required; the minimum side to
side separation of units shall be 3.6 metres (11.8 feet); the maximum site
coverage is 45%; the minimum road paved width is 6.0 metres (19.68 feet); no
planting strips are required other than along the unopened portion of Flos Road
Six; and no guest parking is required provided two car spaces are located on
each site. Notwithstanding Section 8.2.1 which permits residential use in the
form of 'modular/mobile home park' and and notwithstanding the definition of
modular home within Section 27 herein, the residential uses may also be
constructed on-site using the standard constructions techniques of framing,
enclosing and finishing commonly known as 'stick-built'.
SECTION 9 - RESIDENTIAL ESTATE (RE) ZONE
9.1
No person shall within any Residential Estate (RE) Zone use any lot or erect,
alter, enlarge, maintain, or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
9.2
PERMITTED USES
9.2.1
Residential Uses:
a)
Single detached dwelling unit
9.2.2
Non-residential Uses:
a)
Accessory use directly related to the uses permitted in the RE Zone
b)
Home occupation
c)
Public use
d)
Bed and breakfast
9.3
ZONE PROVISIONS
9.3.1
Lot Area (minimum):
1400 sq.m
9.3.2
Lot Frontage (minimum):
24 m
9.3.3
Front Yard Depth (minimum):
10 m
9.3.4
Exterior Side Yard Width (minimum):
6 m
9.3.5
Interior Side Yard Width (minimum):
3 m
9.3.6
Rear Yard Depth (minimum):
15 m
9.3.7
Dwelling Unit Area (minimum):
a)
First floor area
112 sq.m
9.3.8
Landscaped Open Space (minimum):
30%
9.3.9
Lot Coverage (maximum):
30%
9.3.10
Height of Building (maximum):
11 m
9.3.11
Dwelling Units per Lot:
1
9.3.12
Accessory Uses see Section 3.1
9.3.13
Parking Provisions see Section 3.38
9.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular RE Zone except as noted:
9.4.1
RE-1 Zone
Schedule "E"
The Lot Area (minimum) shall be 1620 sq.m; the Front Yard Depth (minimum)
shall be 7.6 m; the Exterior Side Yard Width (minimum) shall be 7.6 m; the
Interior Side Yard Width (minimum) shall be 2 m; the Dwelling Unit Area
(minimum) of the first floor area shall be 115 sq.m
9.4.2
RE-2 Zone
Schedule "E"
The Exterior Side Yard Width (minimum) shall be 6 m.
SECTION 10 - DISTRICT COMMERCIAL (CD) ZONE
10.1
No person shall within any District Commercial (CD) Zone use any land or erect,
alter or use any building or structure for any purpose or use other than as
permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
10.2
PERMITTED USES:
10.2.1
Residential Uses:
a)
Dwelling unit in a non-residential building provided that the dwelling unit
is contained above the first storey and is not in any building occupied by
a motor vehicle repair garage or motor vehicle sales and service
establishment.
10.2.2
Non-residential Uses:
a)
Building supply centre and accessory outside storage (in accordance with
Section 3.35)
b)
Business, financial services, professional and/or medical office
c)
Car wash and/or gasoline retail facility
d)
Club and/or sports training rehabilitation services
e)
Commercial school and/or studio
f)
Custom workshop
g)
Equipment rental (no outside storage)
h)
Funeral home
i)
Hospital
j)
Laundromat, dry cleaning and/or laundry outlet
k)
Marina and/or marine facility
l)
Merchandise service shop
m)
Motor vehicle sales, impound yard, repair garage and/or service
establishment
n)
Nursery day care
o)
Nursery and garden centre
p)
Outside display of goods accessory to a permitted CD use (see Section
3.36)
q)
Parking lot
r)
Personal service shop
s)
Place of worship
t)
Printing shop
u)
Public use
v)
Restaurant and/or drive-in, take-out restaurant and/or tavern
w)
Retail store, department store, general merchandiser and/or supermarket
x)
Taxi stand/bus transfer depot
y)
Theatre recreational entertainment, arcade and games
establishment, recreational equipment rental establishment and/or
fishing establishment
z)
Tourist establishment aa) veterinary clinic
10.3
ZONE PROVISIONS
Motor Vehicle Service
Other
Establishment/Repair Garage
Uses
10.3.1
Lot Area (minimum):
a)
Lot served by a public water system
no minimum
and a sanitary sewer system
1,400sq.m.
Requirement
b)
Lot served by a public water system
1,400sq.m
1,400 sq.m
c)
Other lot
5,000sq.m
1,860 sq.m
10.3.2
Lot Frontage (minimum):
a)
Lot served by a public water system
no minimum
and a sanitary sewer system
38 m
requirement
b)
Lot served by a public water system
38 m
30 m
c)
Other lot
60 m
30 m
10.3.3
Front Yard Depth (minimum):
15 m
6 m
10.3.4
Exterior Side Yard Width (minimum):
15 m
6 m
10.3.5
Interior Side Yard Width (minimum):
a)
Where it abuts a R Zone
7.6 m
6 m
b)
Where it abuts a C or M Zone
3 m
0 m
c)
Where it abuts any other Zone
3 m
3 m
10.3.6
Rear Yard Depth (minimum):
a)
Where it abuts a R Zone
7.6 m
6 m
b)
Where it abuts a C or M Zone
10 m
0 m
c)
Where it abuts any other Zone
10 m
3 m
10.3.7
Landscaped Open Space (minimum):
5%
5%
10.3.8
Height of Building (maximum):
12 m
12 m
10.3.9
Vehicle Fuel Pump Island Location:
Notwithstanding any other provisions of this By-law to the contrary, a vehicle
fuel pump island accessory to a permitted use may be located within any front
yard or exterior side yard provided that:
a)
The minimum distance between any portion of the fuel pump island and
any lot line shall be 4.5 m;
b)
Where the lot is a corner lot, no portion of any fuel pump island shall be
located closer than 3 m to a sight triangle;
c)
Vehicle fuel pumps may be used in conjunction with a marina and may
be located adjacent to the water's edge (subject to Section 3.1) and shall
be setback a minimum of 4.5 m from any adjacent side lot line.
10.3.10
Motor Vehicle Impound Yard Location:
Notwithstanding any other provisions of this By-law to the contrary, a motor
vehicle impound yard shall be located behind the front wall of the main building
and shall be screened from view from any adjacent roadways.
10.3.11
Driveways for Motor Vehicle Service Stations
Notwithstanding any provisions of this By-law to the contrary, the following
provisions shall apply to driveways on any lot used as an automobile service
station:
a)
The maximum width of a driveway measured along the street line shall be
9 m;
b)
The minimum distance between driveways measured along the street line
intersected by such driveways shall be 7.6 m;
c)
The minimum distance between a driveway and an intersection of street
lines, measured along the street line intersected by such driveway, shall
be 9 m:
d)
The minimum distance between an interior side lot line and any driveway
shall be 3 m;
e)
The interior angle formed by the street line and the center line of any
driveway shall not be less than 45 degrees.
10.3.12
Dwelling Unit and/or Rental Unit (minimum):
a)
Bachelor attached dwelling unit
55 sq.m
b)
Bachelor rental cabin
55 sq.m
b)
Other attached dwelling unit or rental cabin
55 sq.m plus an
additional 13 sq.m for each bedroom
c)
Detached dwelling unit or rental cottage
80 sq.m
d)
Hotel/lodge/motel guest room
29 sq.m
10.3.13
Bed and Breakfast or Rental Cottage Unit Area (minimum): 93 sq.m
10.3.14
Accessory Uses see Section 3.1
10.3.15
Parking Provisions see Section 3.38
10.3.16
Guest Room Location see Section 3.42
10.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CD Zone except as noted:
10.4.1
CD-1 Zone
Schedule "R"
Only a tourist establishment and a restaurant shall be permitted.
10.4.2
CD-2 Zone
Schedule "G"
The minimum parking space area shall be 15 square metres, and as it relates
to business, professional offices, financial services and public buildings, medical
offices, restaurants, retail stores, merchandise or personal service shops, and
taverns, the minimum parking required shall be 1 space per 17.8 square metres.
10.4.3
CD-3 Zone
Schedule "D"
The minimum parking requirement shall be 1 parking space per 16.25 square
metres (1 space per 175 square feet) of gross floor area. In addition the
minimum front yard setback is 4.8 metres.
10.4.4
CD-4 Zone
Schedule "O"
The minimum parking requirements shall be provided at a ratio of one space
per 16 square metres of gross floor area; and further that a planting strip is not
required.
10.4.5
CD-5 Zone
Schedule "C"
Notwithstanding the Zone Provisions of the District Commercial (CD) Zone, and
Section 3.38.9 of this By-law, for the lands zoned CD-5 on Schedule C the
minimum number of on-site parking spaces to be provided at a ratio of one
parking space per 17.7 square metres of gross floor area.
10.4.6
CD-6 Zone Schedule "G"
Notwithstanding the Zone Provisions of the District Commercial (CD) Zone, for
the lands zoned CD-6 on Schedule "G", Outside Storage is permitted as a main
use, Outside Storage of materials is restricted to building supply materials
associated with the building supply use located on Lots 17-21 on Plan 1430,
Outside Storage is subject to a minimum front yard depth of 0.0 metres, Outside
Storage is subject to a minimum side yard width along the easterly side lot line
of 3 metres, solid board fending is permitted to a maximum height of 1.8 metres
on all lot lines, and the maximum height of outdoor storage shall not exceed the
height of the permitted fencing.
10.4.7
CD-7 Zone Schedule "G"
Notwithstanding the Zone Provisions of the District Commercial (CD) Zone, for
the lands zoned "CD-7" on Schedule "G" the minimum front yard depth from
Riverbend Avenue shall be 0.0 metres and the minimum front yard depth from
Mosley Street shall be 5.0 metres. The minimum side yard setback abutting a
Residential Zone shall be 2.19 metres and the minimum required number of Off
Street Loading spaces shall be zero.
10.4.8
CD-8 Zone
Schedule "R"
Permitted uses shall be limited to mixed-use dwelling units; Commercial- related
uses shall be restricted to the first storey of the mixed-use dwelling unit;
Permitted commercial uses for the first-storey commercial space portion of the
mixed-use dwelling unit shall be limited to Art Gallery, Workshop and/or Studio,
Professional Business Offices, Medical Offices, Personal Service Shops and
Retail Stores or similar uses; In addition to the permitted non-residential uses in
the CD zone, a private park shall also be permitted.
Within the CD-8 zone, Section 6.3, Residential Type 3 (R3) Zone, Zone
Provisions, applies to the mixed-use dwelling units, except where specifically
identified below:
Maximum commercial net floor area for any one unit shall be 95 square metres;
Minimum lot depth for mixed-use dwelling units shall be 27.0 metres; Minimum lot
area for mixed-use dwelling units shall be 164.7 square metres per unit; Minimum lot
frontage for mixed-use dwelling units shall be 6.1 metres per unit; Minimum front
yard depth for mixed-use dwelling units shall be 0.0 metres to the face of the
building; Minimum exterior side yard depth for a mixed-use dwelling unit shall be 3.5
metres; Minimum interior side yard depth for mixed- use dwelling units shall be 1.5
metres on the end-unit side and 0.0 metres on the other interior sides; Minimum rear
yard depth for mixed-use dwelling units shall be 6.0 metres to the building face to
permit driveway parking; Minimum dwelling unit area for mixed-use dwelling units
shall be 65.0 square metres per unit; Minimum landscaped open space for mixed-
use dwelling units shall be 15%; Maximum lot coverage for mixed-use dwelling units
shall be 80%; Maximum driveway width for mixed-use dwelling units shall be 6.0
metres per unit; Maximum height of building for mixed-use dwelling units shall be
12.0 metres; Minimum width per unit for mixed-use dwelling units shall be
6.1 metres per unit; Mixed-use dwelling units shall be subject to Court provisions for
distance separation between dwelling units opposite each other on a private street;
Maximum number of dwelling units per structure for mixed-use dwelling units, which
are attached within a single street- accessed or laneway-based structure, shall be 6;
the minimum 5% play area shall not need to be located on the lot but shall be
required in the general vicinity, and the location shall be determined through site
plan approval;
Notwithstanding General Provision 3.38.1, Off Street Parking Requirements,
required parking spaces that are not provided on the same lot on which the
principle use is located shall be located on adjacent lots at the ratio required in
the By-law.
For the purposes of the CD-8 zone, a private street or private lane shall be
deemed to be a public street as defined in this By-Law.
10.4.9
CD-9 Zone
Schedule "R"
Notwithstanding General Provision 3.38.4, Off Street Parking Requirements,
Surface, the parking surface shall not be required to be paved with an asphalt
or concrete surface. This exception shall only apply to accessory parking for the
sales office and temporary clubhouse uses.
10.4.10
CD-10 Zone Schedule "H"
The minimum planting strip width shall be 1.0 metres, the minimum separation
between a driveway and intersecting street lines shall be 6.0 metres, the
minimum yard between a parking area and a lot line shall be
1.0 metre and the minimum exterior side yard shall be 4.5 metres.
10.4.11 CD-11 Zone Schedule "O"
Notwithstanding the requirements of Section 10, the only permitted residential
uses shall include townhouse dwellings and apartment dwellings; permitted
Non-Residential uses shall include those uses pursuant to District Commercial
Section 10.2.2, Service Commercial Section 11.2.2 and Local Commercial
Section 12.2.2.
Notwithstanding the above, prohibited uses shall be motor vehicle uses such as
motor vehicle sales and service establishment, motor vehicle body shop or
repair garage or gasoline retail facility; equipment rental; funeral home; outdoor
storage; building supply centre; prefabricated building sales and display centre;
recreational equipment rental and/or fishing establishment; bus transfer/ depot;
service industrial; marina and/or marine facility; tourist establishment; parking
lot; manufacturing, processing, custom workshop and/or service industrial use;
mobile home sales/repairs; warehousing; kennel; and drive-thru facilities.
Notwithstanding the requirements of Section 10, the minimum front yard setback
shall be 3.0 metres, the maximum building height shall be 21 metres and the
minimum dwelling unit area should be as per Section 7.3.7.
Notwithstanding the provisions of Section 3.38, a minimum of 140 parking
spaces shall be permitted; a maximum of 50% of the parking spaces shall be
2.8 metres in width by 5.5 metres in length and shall be a minimum of
15.4
square metres in area.
10.4.12 CD-12 Zone Schedule "G"
- The minimum front yard depth shall be 3 metres;The minimum exterior side
yard width shall be O metres;
- Notwithstanding Section 3.13.2, the minimum planting strip width shall
be 1 metre;
- Notwithstanding Section 3.38.9, the minimum number of parking
spaces required for a veterinary clinic shall be 1 space per 25 sq. m. of
Gross Floor Area;
- Despite Section 3.38.2.3, each parking space shall have a minimum
area of 15.4 sq. m. and is not less than 2.8 metres in width nor less
than 5.5 metres in length;
- Despite Section 27.178, the minimum sight triangle dimension shall be
4 metres by 4 metres at the intersection of Mosley Street and 32nd
Street South.
10.4.13 CD-13 Zone Schedule "D"
Notwithstanding the requirements of Section 10.2.1, residential uses up to ten (10)
dwelling units shall be permitted in a non-residential building provided that the
dwelling unit is contained above the first storey and is not in any building occupied by
a motor vehicle repair garage or motor vehicle sales and service establishment.
Notwithstanding Section 10.3.4, Exterior Side Yard Width (minimum), a 0 metre
setback shall be permitted.
Notwithstanding Section 10.3.5, lnterior Side Yard Width (minimum), a 0 metre
setback shall be permitted.
Notwithstanding Section 10.3.6, Rear Yard Depth (minimum), a 0 metre setback shall
be permitted on Pucinni Drive.
Notwithstanding Section 10.3.8, Building Height (maximum), a maximum building
height of 13.8 metres shall be permitted.
Notwithstanding General Provision 3.38.9, Minimum Parking Requirements, a Total of
49 parking spaces shall be provided.
Notwithstanding Section 27.178, the minimum sight triangle dimension shall be 4
metres by 4 metres at the intersection of 45th Street North and Puccini Drive.
10.4.14 CD-14 Zone Schedule "O"
Maximum Height - 16 metres.
Notwithstanding the permitted uses of the District Commercial Zone, a Hydro Station,
an EMS Station and an Indoor Storage facility shall be permitted uses in the CD-14
Zone.
SECTION 11 - SERVICE COMMERCIAL (CS) ZONE
11.1
No person shall within any Service Commercial (CS) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
11.2
PERMITTED USES
11.2.1
Residential Uses:
a)
Dwelling unit in a non-residential building provided that the dwelling unit
is contained above the first storey and is not in any building occupied by
a motor vehicle repair garage or motor vehicles sales and service
establishment.
11.2.2
Non-residential Uses:
a)
Business, financial services, professional and/or medical office
b)
Car wash and/or gasoline retail facility
c)
Club and/or sports training rehabilitation services
d)
Commercial school and/or studio
e)
Dry cleaning, laundry outlet and/or dry cleaning facility
f)
Equipment rental (no outside storage)
g)
Hospital
h)
Manufacturing,
processing, custom workshop and/or service
industrial use
i)
Marina and/or marine facility
j)
Merchandise service shop
k)
Mobile home, trailer and/or park model trailer sales and service
establishment
l)
Motor vehicle sales, impound yard, repair garage and/or service
establishment
m)
Nursery day care
n)
Nursery and garden centre
o)
Outside display of goods accessory to a permitted cs use (see section
3.36)
p)
Outside storage
q)
Personal service shop
r)
Place of worship
s)
Prefabricated building sales and display centre
t)
Printing shop and/or publishing house
u)
Public use
v)
Recreational entertainment, arcade and games establishment,
recreational
equipment
rental
establishment
and/or
fishing
establishment
w)
Restaurant and/or drive-in, take-out restaurant and/or tavern
x)
Retail store
y)
Service industrial use
z)
Swimming pool sales and/or display centre aa) tourist establishment
bb) Warehouse within a completely
warehouse
cc) Veterinary clinic and/or kennel
Enclosed Building, mini-storage
11.3
ZONE PROVISIONS
11.3.1
Lot Area (minimum):
a)
Lot served by a public water
system and a sanitary sewer
system
No minimum
b)
Lot served by a public water system
c)
Other lot
1,860 sq.m
5,000 sq.m
11.1.2
Lot Frontage (minimum):
A)
lot served by a public water system
and a sanitary sewer system
12 m
b)
Lot served by a public water system
c)
Other lot
30 m
60 m
11.1.3
Front Yard Depth (minimum):
15 m
11.1.4
Exterior Side Yard Width (minimum):
15 m
11.1.5
Interior Side Yard Width (minimum):
a)
Where it abuts a C or M Zone
b)
Where it abuts any other Zone
3 m
7.6 m
11.1.6
Rear Yard Depth (minimum):
a)
Where it abuts a C or M Zone
b)
Where it abuts any other Zone
3 m
7.6 m
11.1.7
Landscaped Open Space
10%
11.1.8
Height of Building (maximum):
12 m
11.1.9
Motor Vehicle Impound Yard Location:
Notwithstanding any other provisions of this By-law to the contrary, a motor
vehicle impound yard shall be located behind the front wall of the main building
and shall be screened from view from any adjacent roadways.
11.1.10
Outside Storage:
No outside storage of goods or materials shall be permitted except in
accordance with the following provisions:
a. Every outside storage use shall be accessory to the use of the main building
on the lot;
b. Every open storage use shall comply with the yard provisions of this by-law and
shall be located to the rear of the rear wall of the main building;
c. Every open storage use shall not exceed 10% of the lot area;
d. Every open storage use shall be fenced or suitably screened so as to enclose
and hide from view the material or items being stored.
11.3.12
Dwelling Unit and/or Rental Unit (minimum):
a) Bachelor attached dwelling unit
55 sq.m
b) Bachelor rental cabin
55 sq.m
c) Other attached dwelling unit or rental cabin
55 sq.m plus an
additional 13 sq. M. For each bedroom
d) Detached dwelling unit or rental cottage
80 sq.m
e) Hotel/lodge/motel guest room
29 sq.m
11.3.13
Bed and Breakfast or Rental Cottage Unit Area (minimum): 93 sq.m
11.3.14
Accessory Uses see Section 3.1
11.3.15
Parking Provisions see Section 3.38
11.3.16
Guest Room Location see Section 3.42
11.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and provision
as the regular CS Zone except as noted.
11.4.1
CS-1 Zone
Schedule "B"
In addition one detached accessory dwelling unit shall be permitted.
11.4.2
CS-2 Zone
Schedule "A"
The permitted uses shall be limited to a mini-storage warehouse and accessory
outdoor storage.
11.4.3
CS-3 Zone
Schedule "B"
Residential uses shall not be permitted.
11.4.4
CS-4 Zone
Schedule "S"
Section 11.3 Zone Provisions applies to the lands zoned CS-4, except where
specifically identified below:
The permitted uses shall be limited to: a recreational use, outside storage, a
warehouse within a completely enclosed building, mini-storage warehouse. The
minimum Interior Side Yard Width for existing accessory structures where it
abuts any zone is 0m.
Every open storage use shall be permitted in accordance with the zoning
provisions outlined under Section 11.3 except that; outdoor storage shall be
permitted in front of the main building, providing it maintains a minimum front
yard setback of 70 metres.
The parking area on lands zoned CS-4 shall be constructed of one or more of
the following materials; crushed stone, asphalt or concrete for a depth of at least
6 inches and with provisions for drainage facilities.
BL2020-47 11.4.5
CS-5 Zone
Schedule "R"
Notwithstanding any other provision in this By-law to the contrary, the following
provisions shall apply to lands zoned "CS-5":
a) Permitted uses shall exclude the following:
i) Manufacturing, processing, custom workshop and/or service industrial
use
ii) Marina and/or marine facility
iii) Mobile home, trailer, impound yard, repair garage and service
establishment
iv) Motor vehicle sales, impound yard, repair garage and/or service
establishment
v) Outside storage
vi) Prefabricated building sales and display centre
vii) Service industrial use
viii) Warehouse within a completely enclosed building, mini-storage
warehouse
b) Except as specifically excluded above, permitted uses on lands zoned CS-5
shall also include the following:
i)
Dwelling units above the first strorey in a mixed use building
ii)
Restaurants with outside patios and/or drive-through
iii) Private park
iv) Existing golf course clubhouse and associated parking, as existing
c) The following provisions from Section 10.3 of the Zoning By-law for the
"District Commercial" (CD) Zone shall apply to lands zoned "CS-5":
i) Minimum required front yard (Section 10.3.3)
ii) Minimum required exterior side yard (Section 10.3.4)
iii) Minimum interior side yard (Section 10.3.5)
iv) Minimum required rear yard (Section 10.3.6); and
v) Minimum required landscaped open space (Section 10.3.7)
d) Notwithstanding General Provision 3.38.1, Off Street Parking Requirements,
for lands zoned CS-5, required parking spaces may be provided on an
adjacent contiguous lot provided that the cumulative parking requirements
for adjacent lots are provided at the ratio required in the By-law, subject to
the provisions of appropriate easement(s) for the provision of parking spaces
on and access to such adjacent lot(s).
e) For the purpose of the CS-5 zone, a private street or private lane shall be
deemed to be a public street as defined in this By-law.
SECTION 12 - LOCAL COMMERCIAL (CL) ZONE
12.1
No person shall within any Local Commercial (CL) Zone use any lot or erect,
alter or use any building or structure for any purpose or use other than as
permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
12.2
PERMITTED USES
12.2.1
Residential Uses:
a)
Dwelling unit in a non-residential building provided that the dwelling unit
is contained above the first storey
b)
Where a residence existed on the ground floor of a non-residential
building prior to the passing of this By-law, the residential use shall be
considered to be a legal conforming use.
12.2.2
Non-residential Uses:
a) Business, professional or medical office
b) Club
c) Hospital
d) Laundromat
e) Nursery day care
f) Outside display of goods accessory to a permitted cl use (see section 3.36)
g) Parking lot accessory to a permitted cl use
h) Personal service shop
i) Public use
j) Restaurant or take out restaurant
k) Retail store
l) Studio
m) Tavern
n) Veterinary clinic
12.3
ZONE PROVISIONS
12.3.1
Lot Area (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
555 sq.m
b)
Lot served only by a public water system
1,400 sq.m
c)
Other lot
1,860 sq.m
12.3.2
Lot Frontage (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
18 m
b)
Lot served by a public water system
30 m
c)
Other lot
60 m
12.3.3
Front Yard Depth (minimum):
6 m
12.3.4
Exterior Side Yard Width (minimum):
6 m
12.3.5
Interior Side Yard Width (minimum):
a)
Where it abuts a R Zone
6 m
b)
Where it abuts a C Zone
0 m
c)
Where it abuts any other Zone
3 m
12.3.6
Rear Yard Depth (minimum):
a)
Where it abuts a R Zone
6 m
b)
Where it abuts a C Zone
0 m
c)
Where it abuts any other Zone
3 m
12.3.7
Height of Building (maximum):
9.5 m
12.3.8
Lot Coverage (maximum):
40%
12.3.9
Dwelling Unit Area (minimum):
a)
Bachelor
55 sq.m
b)
Other
55 sq.m plus an additional
13 sq.m for each bedroom
12.3.10
Retail Store Area (maximum):
464 sq.m
12.3.11
Commercial Uses per Lot (maximum):
5
12.3.12
Accessory Uses see Section 3.1
12.3.13
Parking Provisions see Section 3.38
12.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CL Zone except as noted.
12.4.1
CL-1 Zone
Schedule "C"
A nursery or garden center shall also be permitted.
12.4.2
CL-2 Zone
Schedule "T"
The interior side yard minimum shall be 1.8 metres.
12.4.3
CL-3 Zone
Schedule "N"
The Rear Yard (minimum) shall be 1.6 metres.
12.4.4
CL-4 Zone
Schedule "T"
In addition to the zone provisions of Subsection 12.2.1 a detached dwelling shall
be permitted. Notwithstanding the zone provisions of Subsection 12.2.2, a
business or professional office, a bed and breakfast and a tourist establishment
are permitted.
12.4.5
CL-5 Zone
Schedule "B"
A motel shall also be permitted.
12.4.6
CL-6 Zone
Schedule "N"
The Interior Side Yard Width (minimum) shall be 1.8 metres.
12.4.7
CL-7 Zone
Schedule "F"
Permitted non-residential uses include the following: business, professional or
medical office; club and/or sports training rehabilitation services; convenience
store' dry cleaning outlet; financial services; laundromat; nursery day care;
outside display of goods accessory to a permitted CL use (See Section 3.36);
parking lot accessory to a permitted CL use; personal service shop; public use;
restaurant or take out restaurant; retail store; studio; supermarket; tavern;
veterinary clinic. For the purposes of the CL-7 Zone, Section 12.3.10, entitled
Retail Store Area (maximum) shall not apply to a retail store which provides a
range of general food items including fresh meats, fresh produce and/or other
foodstuffs, baked goods including a bakery, cooking, cleaning, health care, and
beauty products.
SECTION 13- RECREATIONAL COMMERCIAL (CR) ZONE
13.1
No person shall within any Recreational Commercial (CR) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein:
13.2
PERMITTED USES
13.2.1
Residential Uses:
a)
Detached accessory dwelling unit or attached accessory dwelling unit
13.2.2
Non-residential Uses:
a)
Attached accessory restaurant or attached accessory take-out restaurant
b)
Attached accessory retail use
c)
Attached accessory tavern
d)
Amusement park
e)
Arcade and games establishment
f)
Banquet hall
g)
Club
h)
Drive-in theatre
i)
Recreational entertainment establishment and/or fishing establishment
j)
Recreational equipment rental establishment
k)
Recreational uses
l)
Golf course
m)
Public use
n)
Sports or recreational camp
o)
Theatre
13.3
ZONE PROVISIONS
13.3.1
Lot Area (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
700 sq.m
b)
Lot served by a public water system
1,860 sq.m
c)
Other lot
5,000 sq.m
13.3.2
Lot Frontage (minimum):
a) Lot served by a public water system and a sanitary sewer system 22 m
b) Lot served by a public water system
30 m
c) Other lot
60 m
13.3.3
Front Yard Depth (minimum):
6 m
13.3.4
Exterior Side Yard Width (minimum):
6 m
13.3.5
Interior Side Yard Width (minimum):
a)
Where it abuts a C Zone
7 m
b)
Where it abuts any other Zone
10 m
13.3.6
Rear Yard Depth (minimum):
a)
Where it abuts a C Zone
7 m
b)
Where it abuts any other Zone
10 m
13.3.7
Height of Building (maximum):
12 m
13.3.8
Landscaped Open Space (minimum):
20%
13.3.9
Dwelling Unit Area (minimum):
a)
Bachelor
55 sq.m
b)
Other attached
55
sq.m
plus
an
additional 13 sq.m for
each bedroom
c)
Detached
80 sq.m
13.3.10
Dwelling Unit Per Lot (maximum):
1
13.3.11
Accessory Uses see Section 3.1
13.3.12
Parking Provisions see Section 3.38
13.4
ZONE EXCEPTIONS
The following Zone categories shall have the same uses and Zone provisions
as the regular CR Zone except as noted.
13.4.1
CR-1 Zone
Schedule "S"
A go-cart course shall also be permitted.
13.4.2
CR-2 Zone
Schedule "S"
No use other than a recreational use shall be permitted as defined within Section
27.164.The parking area on lands zoned CR-2 shall be constructed of one or
more of the following materials: crushed stone, asphalt or concrete for a depth
of at least 6 inches and with provisions for drainage facilities.
SECTION 14 - TOURIST COMMERCIAL (CT) ZONE
14.1
No person shall within any Tourist Commercial (CT) Zone use any land or erect,
alter or use any building or structure for any purpose or use other than as
permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
14.2
PERMITTED USES:
14.2.1
Residential Uses:
a)
Dwelling unit in a non-residential building provided that the dwelling unit
is contained above the first storey.
14.2.2
Non-residential Uses:
a) Arcade or games establishment
b) Business/professional/medical office
c) Club
d) Commercial/municipal parking lot
e) Golf course
f) Tourist establishment
g) Nursery day care
h) Outside display of goods accessory to a permitted ct use (see section 3.36)
i) Personal service shop
j) Place of worship
k) Public use
l) Recreational entertainment establishment and/or fishing establishment
m) Recreational equipment rental establishment
n) Restaurant or drive-in or take-out restaurant
o) Retail store
p) Studio
q) Tavern
r) Taxi stand/bus transfer depot
s) Veterinary clinic
14.3
ZONE PROVISIONS
14.3.1
Lot Area (minimum):
a)
Lot served by a public water system
no minimum and a
sanitary sewer system
requirement
b)
Lot served by a public water system
1,400 sq. M
c)
Other lot
1,860 sq. m
14.3.2
Lot Frontage (minimum):
a)
Lot served by a public water system
no minimum and a
sanitary sewer system
requirement
b)
Lot served by a public water system
30 m
c)
Other lot
30 m
14.3.3
Front Yard Depth (minimum):
a)
Closed road
0 m
b)
Open road
3 m
14.3.4
Exterior Side Yard Width (minimum):
a)
Closed road
0 m
b)
Open road
3 m
14.3.5
Interior Side Yard Width (minimum):
a)
Where it abuts an R Zone
6 m
b)
Where it abuts a C Zone
0 m
c)
Where it abuts any other Zone
6 m
14.3.6
Rear Yard Depth (minimum):
a)
Where it abuts an R Zone
6 m
b)
Where it abuts a C Zone
0 m
c)
Where it abuts any other Zone
3 m
14.3.7
Height of Building (maximum):
12 m
14.3.8
Dwelling Unit and/or Rental Unit (minimum):
a)
Bachelor attached dwelling unit
55 sq. M
b)
Bachelor rental cabin
55 sq. M
c)
Other attached dwelling unit or rental cabin 55 sq. M plus an
Additional 13 sq. M for
each bedroom
d)
Detached dwelling unit or rental cottage
80 sq. M
e)
Hotel/lodge/motel/guest room
29 sq. M
14.3.9
Bed and Breakfast or Rental Cottage Unit Area (minimum): 93 sq. m
14.3.10
Accessory Uses see Section 3.1
14.3.11
Parking Provisions see Section 3.38
14.3.12
Guest Room Location see Section 3.42
14.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CT Zone except as noted:
14.4.1
Intentionally Left Blank
14.4.2
CT-2 Zone
Schedule "N"
An amusement park, auditorium, arena or stadium and a banquet hall shall also
be permitted.
14.4.3
CT-3 Zone
Schedule "N"
A marina and marine facility shall also be permitted.
14.4.4
CT-4 Zone
Schedule "O"
An accessory dwelling unit in accordance with Section 4 shall also be permitted.
For the purpose of the accessory dwelling unit, the rear yard depth minimum
shall be 1.2 m.
14.4.5
CT-5 Zone
Schedule "H"
The Minimum Parking Requirements, as it relates to an Apartment Dwelling,
Retail Store, Merchandise or Personal Service Shop, 1 space per dwelling unit
and 1 parking space per 40.3 sq.m. of gross floor area dedicated to either a
retail store or personal service shop shall be required. A townhouse dwelling
shall also be permitted. A restaurant or drive-in or take-out restaurant shall not
be permitted. The Front Yard Depth (minimum), on an open road shall be 2.4
m. Where the rear yard abuts any other Zone, the minimum rear yard depth
shall be 4.5 m. The Maximum Number of Dwelling Units shall be 12.
14.4.6
CT-6 Zone
Schedule "N'
Notwithstanding the provisions of Subsection 14.3.3, Front Yard Depth
(minimum), b) the front yard depth minimum shall be 0.76 m.
14.4.7
CT-7 Zone
Schedule N"
Notwithstanding the provisions of Subsection 14.3.3 Front Yard Depth
(minimum), b) the front yard depth minimum shall be 1.2 m.
14.4.8
CT-8 Zone
Schedules "I" and "N"
Residential Type 3 (R3) uses in accordance with Section 6 shall also be
permitted. No maximum height restriction shall be required.
14.4.9
CT-9 Zone
Schedule "O"
Trailer and tent parks shall also be permitted in accordance with Section 16.
14.4.10
CT-10 Zone Schedule "N"
The minimum front yard depth shall be 1.2 metres for the existing footprint of
the building.
14.4.11
CT-11 Zone Schedule "N"
The minimum front yard depth on an open road shall be 0.9 metres for the
existing footprint of the building and no setback is required for eaves.
14.4.12
CT-12 Zone Schedule "N"
The minimum front yard depth shall be 1.5 metres and the minimum exterior
yard width shall be 0.0 metres.
14.4.13
CT-13 Zone Schedule "P"
The minimum number of motor vehicle parking spaces to serve disabled
persons shall be 1 and the minimum required planting strip width for the westerly
lot line shall be 1.46 metres.
14.4.14
CT-14 Zone Schedule "O"
Notwithstanding the requirements of Section 3.38, the minimum parking
requirements shall be 50 parking stalls and an outdoor sales area shall be
permitted to locate on five (5) parking stalls during the months May through
September. In addition to the permitted uses of Section 14, a commercial school
shall also be permitted.
14.4.15
CT-15 Zone Schedule "H"
Notwithstanding parking requirements of Section 3.38.9.2 Mosley Square
Parking Requirements, the minimum parking requirements shall be one space
per 23 square metres of gross floor area.
14.4.16
CT-16
Schedule "H"
Notwithstanding Subsection 3.22.3 of the Zoning By-law, the existing single
detached dwelling may be enlarged.
14.4.17
CT-17
Schedule "G"
The permitted uses shall be restricted to a business/professional office; a
recreational equipment rental establishment; a studio; an accessory retail store;
outside display of goods accessory to a permitted CT use; and an accessory
dwelling unit located above the first floor. The minimum required interior side
yard setback shall be 2 metres; the minimum driveway setback shall be 0
metres; and a gravel parking area shall be permitted when used in conjunction
with a recreational equipment rental establishment.
14.4.18
Intentionally Left Blank
14.4.19
CT-19 Schedule "H"
Notwithstanding the provisions of Section 14, the minimum front yard setback
requirement shall be 2.25 metres. Notwithstanding Section 3.38.9 the minimum
parking space requirements shall be 0. Notwithstanding Section 3.39.1 the
minimum loading space requirement shall be 0.
SECTION 15 - ACCOMMODATION COMMERCIAL (CA) ZONE
15.1
No person shall within any Accommodation Commercial (CA) Zone use any lot
or erect, alter or use any building or structure for any purpose or use other than
as permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
15.2
PERMITTED USES
15.2.1
Residential Uses:
a)
Detached accessory dwelling unit or attached accessory dwelling unit
15.2.2
Non-residential uses:
a)
Attached accessory retail, banquet hall, restaurant, take-out
restaurant and/or tavern
b)
Attached accessory marina and/or recreational equipment rental
establishment
c)
Tourist establishment
d)
Public use
15.3
ZONE PROVISIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CA Zone except as noted:
15.3.1
Lot area (minimum):
a)
Lot served by a public water and a sanitary sewer system 700 sq.m
b)
Lot served by a public water system
1,400 sq.m
c)
Other lot
2,800 sq.m
c)
For each guest room, rental cabin or attached accessory dwelling unit in
excess of four, an additional lot area of 185 sq. M is required where
neither sanitary sewer nor water supply are available, or an additional lot
area of 90 sq. M is required where only public water is available, or an
additional lot area of 45 sq. M where both such services are available.
d)
For a rental cottage on a lot serviced by a public water and a sanitary
sewer system the lot area minimum shall be 464.5 sq. M.
15.3.2
Lot frontage (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
22m
b)
Lot served by a public water system
30m
c)
Other lot
45m
d)
For a rental cottage on a lot serviced by a public water system and a
Sanitary sewer system the lot frontage minimum shall be 12 m.
15.3.3
Front yard depth (minimum):
6 m
15.3.4
Exterior side yard width (minimum):
A) Bed and Breakfast or rental cottage
4.5 m
B) Any other use
6 m
15.3.5
Interior side yard width (minimum):
A) Bed and Breakfast or rental cottage
1.8 m
B) Any other use
3 m
15.3.6
Rear yard depth (minimum):
A) Bed and Breakfast or rental cottage
7.6 m
B) Any other use where it abuts an r zone
7.6 m
C) Any other use where it abuts any other zone
3 m
15.3.7
Height of building (maximum):
A) Bed and Breakfast or rental cottage
10 m
B) Any other use
12 m
15.3.8
Landscaped open space (minimum):
A) Bed and Breakfast or rental cottage
35%
B) Any other use
10%
15.3.9
Common recreation space (minimum):
a) Bed and breakfast or rental cottage
0
b) Any other use
15 %
15.3.10
Dwelling unit and/or rental unit area (minimum):
a) Bachelor attached dwelling unit
55 sq. M.
b) Bachelor rental cabin
55 sq. M.
c) Other attached dwelling unit or rental cabin
55 sq. M plus
an additional 13 sq.m for each bedroom
d) Detached dwelling unit or rental cottage
80 sq. M.
e) Hotel/lodge/motel/guest room
29 sq. M
15.3.11
Bed and Breakfast or Rental Cottage Unit Area (minimum): 93 sq.m
15.3.12
Accessory Dwelling Unit, Bed and Breakfast or Rental Cottage/Lot
(maximum):
1
15.3.13
Distance Between Buildings (minimum):
a)
Where more than one tourist establishment building is erected on the
same lot, the minimum distance between buildings shall not be less than
3 m.
15.3.14
Accessory Uses (See Section 3.1)
15.3.15
Parking Provisions (See Section 3.38)
15.3.16
Guest Room Location (See Section 3.42)
15.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CA Zone except as noted:
15.4.1
CA-1 Zone
Schedule "P"
A golf course shall also be permitted.
15.4.2
CA-2 Zone
Schedules "H" and "N"
Only a rental cottage or a detached dwelling shall be permitted.
15.4.3
CA-3 Zone
Schedule "H"
A single detached unit shall be permitted on the subject property provided all of
the provisions and regulations for such use as set out in Section 4- Residential
Type 1 (R1) Zone of this by-law are adhered to save and except the minimum
lot area which shall be 450 square metres.
15.4.4
CA-4 Zone
Schedule "N"
A single detached dwelling unit shall be permitted on the subject property
provided all of the provisions and regulations for such use as set out in Section
4 - Residential Type 1 (R1) Zone of this By-law are adhered to save and except
the minimum lot area which shall be 430 square metres (4,628.63 sq. feet) and
the minimum lot frontage which shall be 9.14 metres (30.0 feet).
15.4.5
CA-5 Zone
Schedule "I"
The minimum Interior Side yard setback permitted for the existing structure shall
be 2 metres.
15.4.6
CA-6 Zone
Schedule "G"
A Plan of Condominium townhouse containing six dwelling units shall also be
permitted. The minimum interior and exterior side yard setback shall be 2.15
metres, the minimum parking requirement shall be two parking spaces per
townhouse unit, and the minimum dwelling unit area shall be 93 square metres.
15.4.7
CA-7 Zone
Schedule "O"
The maximum building height shall be 16.0 metres.
15.4.8
CA-8 Zone
Schedule "B"
Permitted uses shall include two townhome buildings, an exterior side yard
width of 3.0 metres, a residential occupancy of a period greater than 31 days
shall be allowed, and an encroachment of 1.68 metres into the exterior side yard
shall be permitted.
15.4.9
CA-9 Zone
Schedule "O"
Notwithstanding the Commercial Accommodation Zone requirements, permitted
uses shall include two condominium townhome buildings, for use as tourist
establishment and/or townhouse dwelling. The minimum rear yard setback shall
be 2.2 metres measured from the nearest wall of a building to the EP Zone
boundary, the minimum exterior side yard setback shall be 2.4 metres, a deck
higher than 0.6 metres above finished grade shall be permitted with a minimum
setback of 1 metre measured from the nearest part of the deck to the EP Zone
boundary, and the minimum parking requirement shall be two parking spaces
for seven of the nine townhouse units and one parking space for two of the nine
townhouse units.
15.4.10
CA-10 Zone Schedule "R"
Notwithstanding General Provision 3.38.1, Off Street Parking Requirements,
required parking spaces that are not provided on the same lot on which the
principle use is located shall be located on adjacent lots at the ratio required in
the By-law.
15.4.11
CA-11 Zone Schedule "O"
Notwithstanding the requirements of Section 15, permitted uses shall include
street townhouse for use as tourist establishment and/or townhouse dwelling.
Street townhouse uses shall be subject to the requirements of Section 6 -
Residential Type Three (R3) zone and, notwithstanding the requirements of
Section 6, the minimum width of each street townhouse dwelling shall be 5.5
metres, the minimum lot frontage of the interior townhouse units shall be 5.5
metres, and the minimum lot area of the interior townhouse units shall be 206
square metres.
15.4.12
CA-12 Zone Schedule "I"
Despite General Provisions 3.13.2 the minimum width of a planting strip shall
be 2.8 metres.
15.4.13
CA-13 Zone Schedule "H"
Notwithstanding the requirements of Section 15, permitted uses shall include
'townhouse dwelling' and 'street townhouse dwelling' for use as tourist
establishment and/or townhouse dwelling. Townhouse and Street Townhouse
uses shall be subject to the requirements of Section 6 - Residential Type Three
(R3) zone.
Notwithstanding the requirements of Section 6, for 'townhouse dwelling', the
minimum front yard depth to 20
th Street North shall be 5 metres, the maximum
porch encroachment into a front yard shall be 2.2 metres, the maximum stair
encroachment into a front yard shall be 3 metres.
Notwithstanding the requirements of Section 6, for 'street townhouse dwelling',
for the purposes of Section 3.18 the internal road shall be deemed to be a street,
the minimum rear yard depth to 20th Street North shall be 5 metres, the minimum
setback from the rear lot line to a porch shall be 3 metres, the minimum setback
from a rear line to stairs attached to a porch shall be 2 metres, the minimum lot
frontage shall be 5.6 metres, the minimum lot area shall be 140 square metres,
the maximum lot coverage shall be 60%.
Notwithstanding the requirements of Section 6, for 'townhouse dwelling' and
'street townhouse dwelling', the minimum width of each townhouse dwelling
shall be 5.6 metres, the minimum interior side yard width to an exposed end or
side wall for street townhouse shall be 1.5 metres, the minimum separation
between an exposed end or side wall and a play area shall be 1.5 metres.
15.4.14
CA-14 Zone Schedule "H"
Notwithstanding the requirements of Section 15, permitted uses shall include
street townhouse for use as tourist establishment and/or townhouse dwelling.
Street townhouse uses shall be subject to the requirements of Section 6 -
Residential Type Three (R3) zone and, notwithstanding the requirements of
Section 6, the minimum width of each street townhouse shall be 6.0 metres, the
minimum lot frontage for street townhouse shall be 6.0 metres, the minimum
interior side yard width to an exposed end or side wall for street townhouse shall
be 1.5 metres, the minimum interior yard setback to an R2 zone shall be 4.0
metres, and the minimum exterior yard setback shall be 2.5 metres.
15.4.15
CA-15
15.4.16
CA-16 Zone Schedule "H"
Notwithstanding the requirements of Section 15, permitted uses shall include
'street townhouse dwelling' for use as tourist establishment and/or townhouse
dwelling. The minimum distance from an intersection of street lines to a
driveway location shall be 6 metres. Street Townhouse uses shall be subject to
the requirements of Section 6 - Residential Type 3 Zone.
Notwithstanding the requirements of Section 6, for 'street townhouse dwelling'
the maximum porch encroachment into a front yard shall be 2.0 metres for
porches exceeding 1.5 square metres in area, the minimum lot area shall be
189 square metres, the maximum lot coverage shall be 47%; the minimum
exterior side yard setback shall be 3.5 metres; the minimum lot frontages is 6
metres and the minimum unit width requirement is 6.2 metres.
SECTION 16- CAMPGROUND COMMERCIAL (CC) ZONE
16.1
No person shall within any Campground Commercial (CC) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein:
16.2
PERMITTED USES:
16.2.1
Residential Uses:
Detached accessory dwelling unit or attached accessory dwelling unit
16.2.2
Non-residential Uses:
- Attached accessory restaurant or attached accessory take-out restaurant;
- Attached accessory retail store;
- Attached accessory tavern;
- Public use;
- Recreational use;
- Tourist establishment;
- Trailer sales and service establishment;
- Trailer and tent park.
16.3
ZONE PROVISIONS
16.3.1
Lot Area (minimum):
8 ha
16.3.2
Lot Frontage (minimum):
30 m
16.3.3
Front Yard Depth (minimum):
25 m
16.3.4
Exterior Side Yard Width (minimum):
18 m
16.3.5
Interior Side Yard Width (minimum):
10 m
16.3.6
Rear Yard Depth (minimum):
10 m
16.3.7
Lot Coverage - Permanent Buildings and Structures
(Maximum):
5%
16.3.8
Height of Building (Maximum):
11 m
16.3.9
Trailer-floor area (Maximum):
60 sq.m
16.3.10
Dwelling Unit (Minimum):
a)
Bachelor attached dwelling unit
55 sq. M
b)
Other attached dwelling unit
55
sq. M
plus
an
additional 13 sq. M for
each bedroom
c)
Detached dwelling unit
80 sq. M
16.3.11
Dwelling Unit per Lot (maximum):
1
16.3.12
Landscaped Open Space (minimum):
30%
16.3.13
A planting strip not less than 6 m in width shall be reserved along all sides of
the trailer and tent park and shall be used for no other purpose than sodding
and for planting.
16.3.14
All means of ingress or egress shall have a minimum width of 6 m and in the
case of a corner lot, no means of ingress or egress shall be located within 15 m
of the intersection of the street lines.
16.3.15
Setback from any Residential Zone (any yard) (minimum):
15 m
16.3.16
In addition to the provisions contained above, the following
regulations shall also apply:
a)
Minimum area for individual tent or trailer sites
110 sq.m
b)
Minimum frontage for individual tent or trailer sites
8 m
c)
Maximum density of trailer sites
per hectare of lot area shall be 30/ha
16.3.17
Percentage of sites within the zoned area occupied by park model trailers shall
cover a maximum area of 30%.
16.3.18
Notwithstanding the provisions of Section 3.1 "Accessory Uses", all or part of
any accessory building may be located in front of the projected front main wall
of the main building and shall comply with the front or other yard requirements
of this section.
16.3.19
Accessory Uses (See Section 3.1)
16.3.20
Parking Provisions (See Section 3.38)
16.3.21
In addition to Subsection 16.3, the following provisions apply for park
model trailers.
16.3.21.1
Site Area (minimum):
325 sq.m
16.3.21.2
Site Frontage (minimum):
15m
16.3.21.3
Site Depth (minimum):
20m
16.3.21.4
Site Coverage (maximum):
35%
16.3.21.5
Site Landscaped Open Space (minimum):
30%
16.3.21.6
Front Yard Depth and Exterior Side Yard Width from
Site boundaries (minimum):
4.5m
16.3.21.7
Trailer Floor Area (Minimum):
40 sq.m
(Maximum):
50.5 sq.m
16.3.21.8
Interior Side Yard Width from site boundaries (minimum):
3 m
16.3.21.9
Rear Yard Depth from site boundaries (minimum):
4.5 m
16.3.21.10
An outside storage compound located and buffered in such a manner as to be
inconspicuous shall be provided for the residents, having adequate space for
the storage of house and/or park model trailer, motor homes, boats,
snowmobiles and similar recreational equipment.
16.3.21.11
A skirt or ornamental fencing must be constructed to the satisfaction of the
Building Inspector and shall circle the trailer in such a manner that trash,
animals and children may not gain access to the area beneath the unit and
further that such screening will cover an otherwise objectionable view.
16.3.21.12
Laundry facilities including washers and dryers shall be provided in a structure.
The drying of clothes shall be prohibited on trailers sites other than in automatic
dryers.
16.3.21.13
Accessory storage facility structures are permitted on each trailer site to
provide inside storage of materials, furniture, tools and outdoor equipment. The
maximum size of such structure shall not exceed 9.3 square metres. The
minimum rear site boundary and side site boundary setback for such structures
shall be 1.0 metre. Such structures shall be constructed of suitable weather
resistant material.
16.3.21.14
Unenclosed and/or uncovered decks located adjacent to the trailer shall not be
constructed more than 0.6 m above the finished grade and must not extend
more than 3 m from the trailer and shall not extend into any required setback
from the front and exterior side site boundary.
16.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular CC Zone except as noted:
16.4.1
CC-1 Zone
Schedule "O"
a)
Only rental cabins/rental cottages together with accessory recreational
facilities and areas are permitted.
b)
The provisions of Section 16.3 do not apply. The following provisions
apply:
i)
Tent and trailer site area (minimum) 2,000 sq. ft.
ii)
Tent and Trailer site frontage (minimum) 40 ft.
iii)
Tent and trailer site maximum gross density is 10 sites per gross
acre.
iv)
A Planting strip having a minimum width of 10 ft. shall be required
and maintained adjacent to each interior side and rear yard.
v)
Parking requirement is 2.0 spaces per tent and trailer site.
16.4.2
CC-2 Zone
Schedule "O"
a)
Only rental cabins/rental cottages or park model trailers, but not both,
together with accessory recreational facilities and areas are permitted.
b)
The provisions and regulations of Section 16.4.1, Part b) shall apply.
16.4.3
CC-3 Zone
Schedule "O"
a)
Only park model trailers together with accessory recreational facilities
and areas are permitted.
b)
The provisions and regulations of Section 16.4.1 b) shall apply
c)
Notwithstanding the definition of Trailer, Park Model within Section 24,
Definitions, the minimum width requirement for park model trailers in the
transit mode shall be 2.4 metres.
16.4.4
CC-4 Zone
Schedule "O"
The front yard setback shall be 18 metres and the interior side yard setback
shall be 10 metres.
16.4.5
CC-5 Zone
Schedule "B"
Notwithstanding Section 16.3.5, Interior Side Yard Width, and Section 16.3.15,
Setback from any Residential Zone, the setback from the campground
commercial use to the adjacent residential lot, municipally addressed as 8697
Highway 26, shall be 5.0 metres. This setback reduction shall only apply to the
setback to 8697 Highway 26 and shall not apply to any other existing residential
uses.
Notwithstanding Section 16.3.16 c) of the Campground Commercial Zone, the
maximum number of tent and tent trailer sites per hectare of lot area shall be 34
sites per hectare.
SECTION 17 - INSTITUTIONAL (I) ZONE
17.1
No person shall within an Institutional (I) Zone use any lot or erect, alter, enlarge,
maintain or use any building or structure for any purpose or use other than as
permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
17.2
PERMITTED USES
17.2.1
Residential uses.
a)
Detached accessory dwelling unit or attached accessory dwelling unit
17.2.2
Non-Residential uses:
a)
Art gallery
b)
Auditorium, arena or stadium
c)
Cemetery
d)
Crisis care facility
e)
Fire hall
f)
Funeral home
g)
Hospital
h)
Library
i)
Medical office
j)
Municipal or government office
k)
Municipal or provincial garage or storage yard
l)
Municipal parking lot
m)
Museum
n)
Nursery day care
o)
Nursing or rest home
p)
Place of worship
q)
Police station
r)
Post office
s)
Public park
t)
Public use
u)
School, college, training or rehabilitation center
v)
Sports or recreational camp
w)
Theatre
x)
Water supply plant
y)
Veterinary clinic
17.3
Zone Provisions
17.3.1
Lot Area (Minimum):
a)
Lot served by a public water system
And a sanitary sewer system
b)
Lot served by a public water system
c)
Other lot
465 sq. M.
1,860sq.m
5,000sq.m
17.3.2
Lot Frontage (Minimum):
A)
lot served by a public water system
and a sanitary sewer system
12m
b)
Lot served by a public water system
c)
Other lot
30m
60m
BL2020-48
17.3.3
Front Yard Depth (minimum):
3m
17.3.4
Exterior Side Yard Width (minimum):
6m
BL2020-48
17.3.5
Interior Side Yard Width (minimum):
a)
Where it abuts an I Zone
b)
Where it abuts any other Zone
0m
3m
17.3.6
Rear Yard Depth (minimum):
a)
Where it abuts an I Zone
b)
Where it abuts any other Zone
0m
7.6m
17.3.7
Dwelling Unit Area (minimum):
a)
Bachelor
55sq.m
b)
Other Attached 55sq.m. plus an additional
13sq.m for each bedroom
17.3.8
Landscaped Open Space (Minimum):
30%
BL2020-48
17.3.9
Height of Building (Maximum):
15m
17.3.10
Dwelling Units Per Lot (Maximum):
1
17.3.11
Services
An accessory dwelling unit shall not be permitted on any lot in an Institutional
Zone unless such lot is served by a public water system and sanitary sewer
system.
17.3.11
Accessory Uses see Section 3.1
17.3.12
Parking Provisions see Section 3.38
17.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular I Zone except as noted.
17.4.1
I-1 Zone
Schedule "E"
The Height of Building (maximum) shall be 5 m.
17.4.2
I-2 Zone
Schedule "O"
The Front Yard Depth (minimum) shall be 0.6 m; the West Interior Side Yard
Width (minimum) shall be 1.2 m; and, the East Interior Side Yard Width
(minimum) shall be 6 m.
17.4.3
I-3 Zone
Schedule "P"
Only an art gallery, a museum, a nursery day care, a place of worship, a private
park, a public park, and a school shall be permitted.
17.4.4
I-4 Zone
Schedule "E"
As it relates to parking for Places of Worship, a minimum one parking space per
3 persons design capacity of the sanctuary shall be required.
17.4.5
I-5 Zone
Schedule "O"
The maximum number of nursing or rest home beds shall be 120 and the
minimum number of required parking spaces shall be 75 parking spaces. The
minimum treed landscaped buffer area strip along the westerly property
boundary shall be 6.0 metres.
17.4.6
I-6 Zone
Schedule "N"
The Front Yard Depth (minimum) of the portion of the property fronting onto
Nancy Street shall be 3m, and the Interior Side Yard (minimum) of the most
northerly interior lot line in the I-6 zone shall be 3m.
17.4.7
I-7 Zone
Schedule "F"
Notwithstanding:
- Section 3.38.9 respecting minimum parking requirements, the minimum
parking requirement for an Elementary School shall be
2.0 parking spaces per classroom; and
- Section 17.3.9 respecting maximum building height, the maximum
building height for a School shall be 15 metres.
BL2020-48
17.4.8
I-8/R2-18 Zone
Schedule "F"
If the hold is lifted and site proceeds as residential, then the zone provisions of
the R2-18 zone shall apply.
SECTION 18 - INDUSTRIAL INSIDE STORAGE (MI) ZONE
18.1
No person shall within any Industrial Inside Storage (MI) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein.
18.2
PERMITTED USES
18.2.1
Residential Uses:
a)
Prohibited
18.2.2
Non-Residential Uses:
a)
Accessory retail
b)
Adult entertainment establishment
c)
Business or professional office
d)
Car wash
e)
Club
f)
Custom workshop
g)
Dry cleaning facility
h)
Equipment rental
i)
Outside display of goods accessory to a permitted MI use (See Section
3.36)
i)
Parking lot
j)
Plant for the processing, assembly and manufacture of products and
goods within a wholly enclosed structure
k)
Public use
l)
Recreational entertainment establishment
m)
Restaurant
n)
Shop for the repair, processing or treatment of goods and wares and any
other service industries if conducted fully within an enclosed building
o)
Veterinary clinic
p)
Warehouse and mini-storage warehouse
18.3
ZONE PROVISIONS
18.3.1
Lot Area (Minimum):
a)
Lot served by a public water system
And a sanitary sewer system
500 sq.m
b)
Lot served by a public water system
1,860 sq.m
c)
Other lot
5,000 sq.m
18.3.2
Lot Frontage (Minimum):
a)
Lot served by a public water system
And a sanitary sewer system
12 m
b)
Lot served by a public water system
30 m
c)
Other lot
60 m
18.3.3
Front Yard Depth (Minimum):
15 m
18.3.4
Exterior Side Yard Width (Minimum):
15 m
18.3.5
Interior Side Yard Width (Minimum):
a)
Where it abuts a M Zone
3 m
b)
Where it abuts any other Zone
12 m
18.3.6
Rear Yard Depth (Minimum):
a)
Where it abuts a M Zone
9 m
b)
Where it abuts any other Zone
21 m
18.3.7
Height of Building (Maximum):
12 m
18.3.8
Lot Coverage (Maximum):
40%
18.3.9
Accessory Uses (See Section 3.1)
18.3.10
Parking Provisions (See Section 3.38)
18.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular MI Zone except as noted.
SECTION 19 - INDUSTRIAL OUTSIDE STORAGE (MO) ZONE
19.1
No person shall within any Industrial Outside Storage (MO) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein:
19.2
PERMITTED USES
19.2.1
Residential Uses:
a)
Prohibited
19.2.2
Non-residential Uses:
a)
Accessory retail
b)
Adult entertainment establishment
c)
Agricultural implement dealership
d)
Business and professional office
e)
Car wash
f)
Cartage, express or transportation terminal
g)
Commercial school
h)
Club
i)
Concrete manufacturing
j)
Construction yard
k)
Custom workshop
l)
Dry cleaning facility
m)
Equipment rental
n)
Fuel storage tank or supply yard
o)
Lumber yard or bulk storage yard
p)
Merchandise service shop
q)
Mobile home, park model trailer, trailer sales and service
establishment
r)
Motor vehicle body shop and repair garage and/or impound yard
s)
Municipal or provincial garage or storage yard
t)
Outside display of goods accessory to a permitted MO use (See
Section 3.36)
u)
Parking lot
v)
Place of worship
w)
Plant for processing, assembly and manufacture of products and goods
within a fully enclosed structure
x)
Printing shop or publishing house
y)
Public use
z)
Recreational entertainment establishment
aa)
Restaurant
bb)
Shop for repair, processing or treatment of goods and wares and any
other service industries
cc)
Veterinary clinic
dd)
Warehouse and mini-storage warehouse
19.3
ZONE PROVISIONS
19.3.1
Lot Area (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
500 sq.m
b)
Lot served by a public water system
1,860 sq.m
c)
Other lot
5,000 sq.m
19.3.2
Lot Frontage (minimum):
a)
Lot served by a public water system
And a sanitary sewer system
12 m
b)
Lot served by a public water system
30 m
c)
Other lot
60 m
19.3.3
Front Yard Depth (minimum):
15 m
19.3.4
Exterior Side Yard Width (Minimum):
15 m
19.3.5
Interior Side Yard Width (Minimum):
a)
Where it abuts a M Zone
3 m
b)
Where it abuts any other Zone
12 m
19.3.6
Rear Yard Depth (Minimum):
a)
Where it abuts an M Zone
9 m
b)
Where it abuts any other Zone
21 m
19.3.7
Height of Building (maximum):
12 m
19.3.8
Motor Vehicle Impound Yard Location:
Notwithstanding any other provisions of this By-law to the contrary, a motor
vehicle impound yard shall be located behind the front wall of the main building.
19.3.9
Open Storage:
No outside storage of goods or materials shall be permitted except in
accordance with the following provisions:
- Every open storage use shall be accessory to a permitted MO use;
- An open storage use shall be permitted only in a rear yard;
- Any open storage shall be screened from view from abutting lands by a fence
wall or other appropriate means.
19.3.10
Lot Coverage (Maximum):
40%
19.3.11
Landscaped Open Space (Minimum):
10%
19.3.12
Accessory Uses (See Section 3.1)
19.3.13
Parking Provisions (See Section 3.38)
19.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular MO Zone except as noted.
19.4.1
MO-1 Schedule "S"
The permitted uses shall be limited to the following: Accessory Retail;
Agricultural Implement dealer; club; concrete manufacturing; construction yard;
custom workshop; equipment rental; lumber yard or bulk storage yard;
merchandise service shop; motor vehicle body shop and repair garage and/or
impound yard; municipal or provincial garage or storage yard; outside display of
good accessory to a permitted use; parking lot ; plant for processing,
manufacturing of products and goods within a fully enclosed structure; printing
shop or publishing house; public use; shop for repair, processing or treatment
of goods and wares; warehouse and mini- storage. Notwithstanding Section
3.38.4, the parking area shall not be required to be paved.
SECTION 20- INDUSTRIAL EXTRACTIVE (ME) ZONE
20.1
No person shall within any Industrial Extractive (ME) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein:
20.2
PERMITTED USES
20.2.1
Residential Uses:
a)
Prohibited
20.2.2
Non-Residential Uses:
a)
Agricultural, conservation, forestry, reforestation or park use with
accessory uses and buildings
b)
Extractive industrial use
c)
Public use
20.3
ZONE PROVISIONS
20.3.1
Lot Area (Minimum):
4 ha
20.3.2
Lot Frontage (Minimum):
30 m
20.3.3
Front Yard Depth (Minimum):
30 m
20.3.4
Exterior Side Yard Width (Minimum):
30 m
20.3.5
Interior Side Yard Width (Minimum):
15 m
20.3.6
Rear Yard Depth (Minimum):
15 m
20.3.7
Lot Coverage (Maximum):
5%
20.3.8
Height of Building (Maximum):
12 m
20.3.9
No sand or gravel excavation shall proceed closer than 120 m to any
Residential, Commercial or Institutional, nor closer than 15 m to a property line,
nor closer than 30 m to a public road allowance, nor closer than 150 m from any
residential use.
20.3.10
No asphalt production, facility nor any building or structure used for the crushing,
screening, washing or processing of sand, ballast, gravel, etc., shall be permitted
within 300 m of any Residential, Commercial or Institutional Zone boundary, nor
closer than 90 m to a public road allowance, no closer than 150 m to any
residential use.
20.3.11
A strip of land not less than 15 m in width within the required yards shall be
reserved for landscaped open space purposes between any Industrial (ME)
Zone and any adjacent Residential, Commercial. Institutional or Industrial Zone,
along any adjacent public road allowance or adjoining property line.
20.3.12
All extractive industrial uses shall, in addition to the above, conform to the
standards and regulations of The Aggregate Resources Act, as amended and
the requirements of the Ministry of Natural Resources.
20.3.13
Accessory Uses (See Section 3.1)
20.3.14
Parking Provisions (See Section 3.38)
20.4
ZONE EXCEPTION
The following Zone categories shall have the same permitted uses and zone
provisions as the regular ME Zone except as noted.
SECTION 21- WASTE DISPOSAL (MW) ZONE
21.1
No person shall within any Waste Disposal (MW) Zone use any lot or erect,
alter, enlarge, maintain or use any building or structure for any purpose or use
other than as permitted for one or more of the following uses and in accordance
with the following provisions or requirements as set out herein:
21.2
PERMITTED USES
21.2.1
Residential uses:
a)
Prohibited
21.2.2
Non-Residential uses:
a)
Public use
b)
Sewage treatment facility and may also include a sewage lagoon
c)
Waste disposal site
21.3
ZONE PROVISIONS
21.3.1
Lot Area (Minimum):
2 ha
21.3.2
Lot Frontage (Minimum):
30 m
21.3.3
Front Yard Depth (Minimum):
30 m
21.3.4
Exterior Side Yard Width (Minimum):
15 m
21.3.5
Interior Side Yard Width (Minimum):
15 m
21.3.6
Rear Yard Depth (Minimum):
15 m
21.3.7
Lot Coverage (Maximum):
20%
21.3.8
Height of Building (Maximum):
12 m
21.3.9
Accessory Uses (See Section 3.1)
21.3.10
Parking Provisions (See Section 3.38)
21.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular MW Zone except as noted:
21.4.1
MW-1 Zone Schedule "S"
Notwithstanding the permitted uses and zone provisions of Subsections 21.2
and 21.3, the following shall apply within the MW-1 Zone:
a)
Permitted uses:
i)
Waste disposal site
ii)
Accessory uses, buildings or structures
b)
Zone Provisions:
i)
Lot Area (minimum)
26 ha
ii)
Lot Frontage (minimum)
300 m
iii)
Front Yard Depth (minimum)
30 m
iv)
Interior Side Yard Width (minimum)
15 m
v)
Rear Yard Depth (minimum)
15 m
vi)
Maximum Building Coverage
5%
vii)
Maximum Building Height
11 m
For the purpose of the Zone Provisions, yards are related to buildings
only.
21.4.2
MW-2 Zone Schedule "S"
Notwithstanding any other provision of this By-law to the contrary, the uses
permitted within the MW-2 Zone shall be limited to existing residential uses
subject to the provisions of Section 24.3.13 of this By-law, agriculture,
conservation, forestry, or reforestation with accessory uses and buildings or a
park use, except those uses shall not include new residential uses or buildings
designed or intended for human habitation. Lands located within the MW-2 Zone
shall not be used as a waste disposal site.
SECTION 22 - OPEN SPACE (OS) ZONE
22.1
No person shall within any Open Space (OS) Zone use any lot or erect, alter,
enlarge, maintain or use any building or structure for any purpose or use other
than as permitted for one or more of the following uses and in accordance with
the following provisions or requirements as set out herein:
22.2
PERMITTED USES
22.2.1
Residential Uses:
a)
Detached accessory dwelling unit or attached accessory dwelling unit for
a golf course use only
22.2.2
Non-Residential Uses:
a)
Agriculture
b)
Forestry use, conservation use and wildlife sanctuary
c)
Golf course
d)
Marine facility
e)
Parking lot
f)
Public or private park
g)
Public use
h)
Recreational uses
22.3
Zone Provisions
22.3.1
Lot Area (Minimum):
a)
Lot served by a public water system
And a sanitary sewer system
465 sq.m
b)
Lot served by a public water system
1,860 sq.m
c)
Other lot
5,000 sq.m
22.3.2
Lot Frontage (Minimum):
a)
Lot served by a public water system
And a sanitary sewer system
12 m
b)
Lot served by a public water system
30 m
c)
Other lot
30 m
22.3.3
Front Yard Depth (Minimum):
6 m
22.3.4
Exterior Side Yard Width (Minimum):
4.5 m
22.3.5
Interior Side Yard Width (Minimum):
a)
Residential uses
1.8 m
b)
Non-residential uses
6 m
22.3.6
Rear Yard Depth (Minimum):
7.6 m
22.3.7
Dwelling Units Per Lot (Maximum):
1
22.3.8
Dwelling Unit Area (Minimum):
a)
Bachelor
55 sq.m
b)
Other attached
55 sq.m plus an
Additional
13sq.m for each
bedroom
c)
Detached
80 sq.m
22.3.9
Lot Coverage (Maximum):
20%
22.3.10
Height of Building (Maximum):
12 m
22.3.11
Accessory Uses (See Section 3.1)
22.3.12
Parking Provisions (See Section 3.38)
22.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular OS Zone except as noted.
22.4.1
OS-1 Zone Schedule "F"
Permitted uses are limited to tennis courts, walking trails and accessory
recreational uses such as horseshoe pits, lawn bowling, and similar uses where
minimal tree removal or lot grading is required.
22.4.2
OS-2 Zone Schedule "Q"
A graveled surface parking area for on-site outside storage shall be permitted.
22.4.3
OS-3 Zone Schedule "R"
Permitted uses shall be limited to non-residential uses. In addition to the
permitted non-residential uses in the OS zone, in the OS-3 zone the permitted
uses shall also include a sales office, a temporary golf course clubhouse and
associated accessory uses such as a parking lot;
Notwithstanding General Provision 3.38.4, Off Street Parking Requirements,
Surface, the parking surface shall not be required to be paved with an asphalt or
concrete surface, but shall only apply to accessory parking for the sales office and
temporary clubhouse uses; Notwithstanding General Provision 3.38.1, Off Street
Parking Requirements, required parking spaces that are not provided on the
same lot on which the principle use is located shall be located on adjacent lots at
the ratio required in the By-law.
Section 22.3 Zone Provisions, applies to the lands zoned OS-3, except where
specifically identified below: Minimum interior side yard width shall be 3.21
metres.
22.4.4
OS-4 Zone Schedule "D"
Notwithstanding the provisions of Section 22, the only permitted use shall be a
private park in the form of a treed landscaped buffer and walking trail.
22.4.5
OS-5 Zone Schedule "E"
Additional permitted use being stormwater management facilities, public park and
emergency access.
22.4.6
OS-5 Zone Schedule "B"
Notwithstanding the provisions of Section 22, the only permitted use shall be a
public park.
22.4.6
OS-6 Zone Schedule "B"
Notwithstanding Section 22.3.1 c), the minimum lot area for a lot not served by a
public water system and public sanitary sewer system shall be 620 square metres.
Notwithstanding Section 22.3.2 c), the minimum lot frontage for a lot not served by
a public water system and public sanitary sewer system shall be 20 metres.
22.4.7
OS-7 Zone Schedule "B"
Notwithstanding Section 22.3.1 c), the minimum lot area for a lot not served by a
public water system and public sanitary sewer system shall be 2860 square metres.
22.4.8
OS-8 Zone Schedule "A"
Stormwater management facilities shall be an additional permitted use.
22.4.9
OS-9 Zone Schedule "A"
Notwithstanding Section 22.3.1 c), the minimum lot area for a lot not served by a
public water system and public sanitary sewer system shall be 4,800 square metres.
22.4.10
OS-10 Zone Schedule "A"
No minimum lot frontage shall be required; and,
No minimum lot area shall be required.
22.4.11
OS-11 Zone Schedule "O"
Additional permitted use being stormwater management facilities and emergency
access.
SECTION 23 - ENVIRONMENTAL PROTECTION (EP) ZONE
23.1
No person shall within any Environmental Protection (EP) Zone use any lot or
erect, alter, enlarge, maintain or use any building or structure for any purpose
or use other than as permitted for one or more of the following uses and in
accordance with the following provisions or requirements as set out herein:
23.2
PERMITTED USES
23.2.1
Residential Uses:
a)
Existing residential uses;
b)
A use accessory to a Residential use located in an adjoining Zone such
as a boat house, tool shed, patio, in-ground swimming pool, barbecue or
similar accessory use.
23.2.2
Non-residential Uses:
a)
Conservation uses
b)
Existing agricultural uses
c)
Existing golf course
d)
Forestry
e)
Marine facility
f)
Passive Outdoor recreation use
g)
Public Park
h)
Public Use
23.3
ZONE PROVISIONS
23.3.1
Front Yard Depth (minimum):
13 m
23.3.2
Exterior Side Yard Width (minimum):
13 m
23.3.3
Interior Side Yard Width (minimum):
7.6 m
23.3.4
Rear Yard Depth (minimum):
7.6 m
23.3.5
Height of Building (maximum):
6.0 m
23.3.6
Notwithstanding the permitted uses of Section 23.2.1 and 23.2.2, within the area
Zoned EP and shown on Schedules "L", "P" and "Q", the permitted uses within
the Zoned area shall be limited to forestry, conservation use, wildlife sanctuary,
and public uses in recognition of Provincially Significant Wetland classification
identified in relation to these areas.
23.3.7
Approval of Conservation Authority:
No permitted building or structure shall be erected or altered within an EP Zone
except with the written approval of the Conservation Authority.
23.3.8
Accessory Uses (See Section 3.1)
23.3.9
Parking Provisions (See Section 3.38)
23.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular EP Zone except as noted.
23.4.1
EP-1 Zone Schedule "O"
No use other than a driving range shall be permitted.
23.4.2
EP-2 Zone Schedule "R"
No use other than conservation uses and a public use shall be permitted.
23.4.3
EP-3 Zone Schedule "O"
The existing natural vegetation shall remain undisturbed.
23.4.4
EP-4 Zone Schedule "P"
The existing natural vegetation shall remain undisturbed and all forms of
development shall be prohibited including all uses accessory to a residential use
and all non-residential uses save and excepting those existing on the subject
site at the passing of this by-law.
23.4.5
EP-5 Zone Schedule "R"
Permitted uses shall be limited to non-residential uses and shall also include a
parking lot and accessory landscaping.
23.4.6
EP-6 Zone Schedule "P"
In addition to the permitted non-residential uses in Section 23.2.2 in the EP-6
Zone, a private Play Area accessory to an adjacent residential development
shall also be permitted. The Play Area shall have a minimum size of 265 square
metres and a maximum size of 330 square metres.
23.4.7
EP-7 Zone Schedule "F"
Notwithstanding the provisions of Section 23 the only permitted uses shall be
conservation uses. For the purpose of this amendment conservation uses shall
be defined as uses being for scientific research and education, wildlife
management, and other activities connected with the conservation of
ecologically significant resources.
23.4.8
EP-8 Zone Schedule "E"
Permitted uses shall be limited to conservation uses, with conservation uses
being defined as uses for woodland and wildlife management, and other
activities connected with the conservation of ecologically significant resources.
23.4.9
EP-9 Zone Schedule "B"
Stormwater management facilities shall be an additional permitted use.
SECTION 24 - RURAL (RU) ZONE
24.1
No person shall within any Rural (RU) Zone use any lot or erect, alter, enlarge,
maintain or use any building or structure for any purpose or use other than as
permitted for one or more of the following uses and in accordance with the
following provisions or requirements as set out herein.
24.2
PERMITTED USES
24.2.1
Residential Uses:
a)
single detached dwelling unit
24.2.2
Non-Residential Uses:
a)
Agricultural or Agricultural Cannabis Cultivation Site or forestry use but
does not include an intensive agricultural use
b)
Agricultural produce sales outlet
c)
Bed and breakfast
d)
Conservation use and wildlife sanctuary
e)
Equestrian facility
f)
Fishing establishment
g)
Home industry
h)
Home occupation
i)
Kennel
j)
Nursery and garden center
k)
Public use
l)
Transmission site
m)
Veterinary clinic
24.3
ZONE PROVISIONS
24.3.1
Lot Area (Minimum):
4 ha
24.3.2
Lot Frontage (Minimum):
60 m
24.3.3
Front Yard Depth (Minimum):
12 m
24.3.4
Exterior Side Yard Width (Minimum):
12 m
24.3.5
Interior Side Yard Width (Minimum):
6 m
24.3.6
Rear Yard Depth (Minimum):
9 m
24.3.7
Dwelling Unit Area (Minimum):
93 sq.m
24.3.8
Lot Coverage (Maximum):
10%
24.3.9
Dwelling Units Per Lot (Maximum):
1
24.3.10
Height of Building (Maximum):
10 m
24.3.11
Accessory Buildings Yards
Notwithstanding anything in this By-law to the contrary, the following shall apply
in regard to buildings accessory to an agricultural use:
a)
Front Yard Depth (minimum)
15m
b)
Interior Side Yard Width (minimum)
8m
c)
Exterior Side Yard Width (minimum)
8m
d)
Rear Yard Depth (minimum)
15m
24.3.12
Additional Requirements and Regulations:
a)
No minimum lot area is required in the case of a transmission site;
b)
The minimum lot area for a lot to be used for a veterinary clinic and/or
kennel shall be 0.6 ha with a minimum frontage of 30 m and the use shall
comply with all other regulations of Section 24.3;
d)
The minimum setback of any buildings or structures used for kennel
purposes from any lot line shall be 6 m and any such buildings or
structures shall be setback a minimum of 10 m from any Residential
Zone, any residential building located on an adjacent lot or any vacant lot
created or intended for residential purposes;
e)
Notwithstanding Section 3.21.2, the provision for minimum lot area, for
the purposes of calculating the minimum lot area for a permitted
agricultural use, the total horizontal area within the lot lines of a lot shall
be deemed to constitute the lot area.
24.3.13
Single Family Dwelling Provisions:
24.3.13.1
In the case of a lot used or intended to be used for Residential purposes on a
lot created by consent subsequent to the passing of this By-law, the following
Zone regulations shall apply.
a)
Lot Area (minimum)
1,855 sq.m
b)
Lot Frontage (minimum)
30 m
c)
Front Yard Depth (minimum)
9 m
d)
Exterior Side Yard Width (minimum)
9 m
e)
Interior Side Yard Width (minimum)
3 m
f)
Rear Yard Depth (minimum)
9 m
g)
Lot Coverage (maximum)
20%
h)
Dwelling Unit Area (minimum)
93sq.m
i)
Height of Building (maximum)
10m
24.3.14
Accessory Uses (See Section 3.1)
24.3.15
Parking Provisions (See Section 3.38)
24.3.16
Where a lot is used for an Agricultural Cannabis Cultivation Site, the
following zone regulations shall also apply:
a)
Agricultural Cannabis Cultivation shall be located in a detached and
enclosed building;
b)
Buildings shall be set back 100 metres from any lot line abutting a
residential use, or any residential, institutional or open space zone;
c)
No minor variance to any of the provisions of Section 24.3.16 shall be
permitted by Committee of Adjustment and shall only be addressed by a
Zoning By-Law Amendment.
24.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular RU Zone except as noted.
24.4.1
RU-1 Schedule "Q"
The following provision shall in addition apply;
a. Lot area (minimum)
5,000 square feet
b. Lot frontage (minimum)
50 feet
c. Front yard depth (minimum)
20 feet
d. Interior side yard width (minimum) 6 feet
e. Rear yard depth (minimum)
25 feet
f. The only residential development of this lot shall occur within the "RU-
1" Zone
24.4.2
RU-2 Schedule "S"
The minimum lot area shall be 3.16 hectares
24.4.3
RU-3 Schedule "S"
The permitted uses shall be limited to Forestry, Conservation, Wildlife
Sanctuary, Park, Passive Outdoor Recreation, Public Use, and Transmission
Site. Despite General Provision 3.13, entitled Planting Strips, a 1.0 metre wide
planting strip consisting of existing vegetation shall be required along the
interior side lot line in the northwest corner of the property abutting an adjacent
residential use.
24.4.4
RU-4 Schedule "E"
A Sales Centre shall also be a permitted use.
The minimum Lot Area requirement for the area subject to the temporary use shall
be 0.255 ha.
The minimum Lot Frontage requirement for the area subject to the temporary use
shall be 41 m.
The minimum Rear Yard Depth requirement for the area subject to the temporary
use shall be 6.75 m.
SECTION 25 - DEVELOPMENT (D) ZONE
25.1
No person shall within any Development (D) Zone use any lot or erect, alter,
enlarge, maintain or use any building or structure for any purpose or use other
than as permitted for one or more of the following uses and in accordance with
the following provisions or requirements as set out herein.
25.2
PERMITTED USES
25.2.1
Residential Uses:
a)
Detached accessory dwelling unit
b)
Existing single detached dwelling unit
25.2.2
Non-residential Uses:
a)
Agricultural produce sales outlet
b)
Agricultural use but not including an agricultural use involving livestock
c)
Conservation use and wildlife sanctuary including a forestry use
d)
Home occupation
e)
Public or private park
f)
Public use
25.3
ZONE PROVISIONS
25.3.1
Lot Area (Minimum):
10 ha
25.3.2
Lot Frontage (Minimum):
36 m
25.3.3
Front Yard Depth (Minimum):
6 m
25.3.4
Exterior Side Yard Width (Minimum):
4.5 m
25.3.5
Interior Side Yard Width (Minimum):
1.8 m
25.3.6
Rear Yard Depth (Minimum):
7.6 m
25.3.7
Dwelling Unit Area (Minimum):
93 sq.m
25.3.8
Lot Coverage (Maximum):
10%
25.3.9
Height of Building (Maximum):
10 m
25.3.10
Dwelling Units Per Lot (Maximum):
1
25.3.11
Accessory Uses see Section 3.1
25.3.12
Parking Provisions see Section 3.38
25.4
ZONE EXCEPTIONS
The following Zone categories shall have the same permitted uses and zone
provisions as the regular D Zone except as noted.
25.4.1
RD Zone
Schedule "G"
No Development shall be permitted within this zone. Development may only
occur following an appropriate rezoning and compliance with the policies of the
Official Plan (Section 12.2.7.3).
25.4.2
D-2 Zone
Schedule "B"
A Sales Centre shall also be a permitted use subject to the following provisions:
- The minimum lot area requirement for the area subject to the temporary use
shall be 0.11 hectares;
- The minimum lot frontage requirement for the area subject to the temporary
use shall be 29.09 metres;
- The minimum front yard setback, as measured from the front lot line post-road
widening, shall be 6 metres;
- The minimum interior side yard setback shall be 3.2 metres;
- A total of 6 parking stalls will be provided;
- The front deck may project a maximum distance of 2.4 metres into any
required front yard provided it is not more than 1 metre above finished grade;
- Notwithstanding Section 3.3.6, Steps and Accessibility Ramps, an
accessibility ramp may project into any required front yard a maximum
distance of 2 metres provided that such uses are not below grade or not more
than 1 metre above grade within the required yard; and
- The Sales Centre building shall not exceed an area of 66 square metres.
** Section 25.4.2, Development Exception 2 D-2 Zone expires on November 14, 2027
SECTION 26 - DOWNTOWN WASAGA BEACH
26.1
Definitions
The following definitions apply specifically to Downtown Wasaga Beach, and
are to be read in addition to those definitions in Section 27 of this Zoning By-
law:
Dwelling, Apartment means a dwelling that contains four (4) or more dwelling
units, which have a common entrance from street level and are served by a
common corridor and the occupants of the units have the right of use in common
of the corridors, stairs, yards, or one (1) or more of them. An "Apartment
Dwelling" does not include any other dwelling unit defined herein.
Dwelling Unit, Apartment means a dwelling unit of two (2) or more rooms
designed or intended for use by a group of persons in which cooking and
sanitary facilities are provided for the exclusive use of such group of persons,
and with a private entrance from outside the building or from a common hallway
or stairway inside, but does not include any other use defined or classified
herein.
Dwelling, Back-to-Back Townhouse a residential building having attached
units separated by a common or party wall above grade, including a common or
party rear wall without a rear yard setback, and whereby each unit has an
independent entrance to the unit from the outside accessed through the front
elevation or exterior side elevation of the dwelling unit.
Dwelling, Stacked Townhouse means a residential building with dwelling units
stacked vertically (typically two) each with an independent entrance at grade to
the front and rear of the building.
Amenity Area, Communal means recreational facilities, which may include
outdoor landscaped communal areas, patios, rooftop amenities, children's play
areas, and other amenities like swimming pools, recreation facilities, indoor
communal lounges and other areas, within the site which can be used for
recreational purposes by all residents of a building or a group of buildings but
not including driveways or parking areas.
Gaming Facility means any gaming establishment, facility and other property
or assets ancillary or related thereto or used in connection therewith, including,
without limitation, any casinos, hotels, resorts, theaters, parking facilities,
timeshare operations, retail shops, restaurants, other buildings, land, golf
courses and other recreation and entertainment facilities, marinas, vessels and
related equipment.
Restaurant, Convenience means a building, structure or part thereof, with an
accessory drive-through where food is prepared and offered for sale to the
public for consumption within the building, structure or part thereof, or off the
premises.
Short-term Rental means all or part of a dwelling unit in the Town used to
provide sleeping accommodations for any rental period that is less than 28
consecutive days in exchange for payment. This excludes hotels and motels
and accommodations where there is no payment.
26.2
General Provisions
The following General Provisions apply specifically to Downtown Wasaga
Beach and are to be read in addition to and supersede those General Provisions
in Section 3 of this Zoning By-law where there is a conflict.
26.2.1
Mixed-Use Buildings
Where permitted by this By-law, a mixed-use commercial/office/residential
building shall be in accordance with the following provisions:
a)
Parking shall be provided for all uses in accordance with Section
26.2.15 and bicycle parking shall be provided in accordance with Section
26.2.16.
b)
Dwelling units shall not be located on the ground floor of buildings where
continuous building frontage is required.
c)
For all new buildings, communal amenity areas shall be provided for the
units in accordance with Subsection 26.2.12.
d)
Conversions of commercial space to residential dwelling unit(s) and vice-
versa shall be permitted in the Downtown Core (DC) and Beach (B)
Zones, provided all other provisions of this By-law are complied with.
26.2.2
Apartment Dwelling Units in Commercial and Mixed-Use Zones
Where permitted by this By-law, an apartment dwelling unit permitted in
commercial and mixed-use zones shall be in accordance with the following
provisions:
a)
Apartment dwelling unit(s) shall be located in the second or higher storey
of commercial buildings.
b)
For all new buildings, communal amenity areas shall be provided for the
apartment units in accordance with Section 26.2.12.
c)
An apartment dwelling unit shall be prohibited on the same lot as an
automobile gas bar, automobile service station or automobile repair
garage.
e) Parking requirements shall be provided for the apartment dwelling unit(s)
shall be in accordance with Subsection 26.2.15.
26.2.3
Continuous Street Frontage between the Nottawasaga River and Wood
Avenue
Notwithstanding any other provision of this By-law, where a property is fronting
on Main Street, or within 30 metres on a street that intersects with Main Street,
continuous street frontage, and the following provisions, shall apply:
a)
The width of the main building shall be a 100 percent of the lot frontage
and set back at the applicable minimum and maximum front yard
setbacks, as indicated in the applicable Zone provisions.
b)
In no case shall a new parking area be accessed from or permitted in the
front yard.
26.2.4
Continuous Street Frontage between Wood Avenue and Stonebridge
Boulevard
Notwithstanding any other provision of this By-law, where a property is fronting
on Main Street, or within 30 metres on a street that intersects with Main Street,
continuous street frontage, and the following provisions, shall apply:
a)
The width of the main building shall be a minimum of 75 percent of the
lot frontage and set back at the applicable minimum and maximum front
yard setbacks, as indicated in the applicable Zone provisions.
b)
Notwithstanding clause 26.2.6, where a lot is not subject to the minimum
building height requirement, the width of the main building shall be a
minimum of 50.0 percent of the lot frontage.
c)
In no case shall a new parking area be accessed from or permitted in the
front yard.
26.2.5
Continuous Street Frontage between Stonebridge Boulevard and River
Road West
Notwithstanding any other provision of this By-law, where a property is fronting
on Main Street, or within 30 metres on a street that intersects with Main Street,
continuous street frontage, and the following provisions, shall apply:
a)
The width of the main building shall be a minimum of 50 percent of the
lot frontage and set back at the applicable minimum and maximum front
yard setbacks, as indicated in the applicable Zone provisions.
b)
Notwithstanding clause 26.2.6, where a lot is not subject to the minimum
building height requirement, the width of the main building shall be a
minimum of 50.0 percent of the lot frontage.
c)
In no case shall a new parking area be accessed from or permitted in the
front yard.
26.2.6
Minimum Building Height
a) Where a property is fronting on Main Street, or within 30 metres on a street
that intersects with Main Street, the minimum height of any main building
shall be three (3) storeys or 10.5 metres.
b) Notwithstanding the above and any other provision of this By-law, the
minimum building height shall be one (1) storey for civic uses, public uses,
gaming facilities, recreational entertainment establishments, and other
entertainment-related uses where they are permitted in the Downtown Core
Mixed-Use (DC1) Zone, the Downtown Gateway Mixed-Use (DG1) Zone,
and the Beach Mixed-Use (B1) Zone.
26.2.7
Minimum Ground Floor Height
Notwithstanding any other provision of this By-law, where a property is fronting
on Main Street, or within 30 metres on a street that intersects with Main Street,
the minimum height of the first storey shall be 4.5 metres.
26.2.8
Angular Planes
Where the maximum height of a building is subject to the angular plane, as
indicated in the Zone provisions, the following provisions shall apply:
a)
The maximum height of a building shall be further restricted to the height
of an angular plane, extending from the opposite street line upwards at a
forty-five degree (45°) angle towards the building. The upper storeys of
the building shall be stepped back within the forty- five degree (45°) line
projection in accordance with the angular plane.
b)
The angular plane shall be applied and may reduce the permitted
maximum building height as indicated in the zone provisions to mitigate
impacts from sun shadow and overlook on the street and adjacent low-
density uses.
26.2.9
Setback Requirements Adjacent to Main Street
a)
Notwithstanding any other provision of this By-law and any yard
requirements, where the right-of-way for Main Street in the Downtown is
less than 30 metres wide, no building or structure shall be erected closer
than a distance equal to the sum of 15.0 metres and the required front or
exterior side yard setback in that zone from the original centre line of the
improved public street right-of-way.
26.2.10
Setback Requirements Adjacent to Mosley Street
a) Notwithstanding any other provision of this By-law and any yard
requirements, where the right-of-way for Beach Drive and Mosley Street
in the Downtown is less than 23 metres wide, no building or structure shall
be erected closer than a distance equal to the sum of
11.5 metres and the required front or exterior side yard setback in that
zone from the original centre line of the improved public street right-of-
way.
BL2021-37
26.2.11
INTENTIONALLY LEFT BLANK
26.2.12
Communal Amenity Area Requirements
Communal amenity areas shall be provided for multi-unit residential uses,
including but not limited to a stacked townhouse dwelling, apartment dwelling,
and apartment dwelling units within a mixed-use building in accordance with the
following minimum requirements:
a)
5.0 square metres of communal amenity area shall be provided for each
bachelor and one (1) bedroom dwelling unit;
b)
10.0 square metres of communal amenity area shall be provided for each
two (2) bedroom dwelling unit;
c)
20.0 square metres of communal amenity area shall be provided for each
three (3) bedroom dwelling unit;
d)
30.0 square metres of communal amenity area shall be provided for each
four (4) bedroom dwelling unit or dwelling unit with more than four (4)
bedrooms; and
e)
Inclusive within the communal amenity area requirements above, a
children's play area shall be provided where a multi-unit residential
development contains ten (10) or more dwelling units. A children's play
area shall be provided at a rate of 2.5 square metres per dwelling or
apartment unit. The minimum size of any children's play area shall be 46.0
square metres, while the maximum size of such children's play area shall be
140.0 square metres.
26.2.13
Overlook
Decks and balconies shall be screened, in accordance with the fencing and
landscaping requirements of By-law 2003-60, from any views into private amenity
areas.
26.2.14
Outdoor Patio
Where permitted by this By-law as an accessory use to a permitted restaurant
or other food premises, an outdoor patio may be located in any yard but not
within 3.0 metres of any side or rear property line that abuts an existing
residential use or Residential zone, nor in a visibility triangle. Such provisions
shall not apply to outdoor patios located in the Downtown Core Mixed-Use
(DC1) and Beach Mixed-Use (B1) and Beach Transition (B2) Zones.
26.2.15
Parking
Public and private parking spaces which are accessory to the main use of a lot,
building or structure are a permitted use in all zones.
For every building or structure to be erected, altered, or its use converted to any
of the uses specified by the following, off-street parking facilities shall be
maintained upon the same lot on which the principle use if located and in
accordance with the following provisions contained in this section unless
otherwise specifically provided:
a) Minimum Number of Parking Spaces
i)
Required Number of Parking Spaces by Use
No person shall erect, enlarge or change the use of a lot, building
or structure without providing and maintaining a minimum number
of parking spaces in accordance with Tables 1, 2 and 3.
Table 1: Parking Requirements for Residential Uses
Type of Use
Minimum Required Parking
Accessory Dwelling
Unit
1.0 space per unit, in addition to the parking
requirements of the principal use.
Apartment Dwelling
1.25 spaces per unit; or
1.1 spaces per unit located in any DC1 or DG1
Zone.
*Including 0.15 spaces per unit for Visitor Parking
Apartment Units as part of a
Mixed Commercial/Residential
Building, where permitted in
Commercial and Mixed Use Zones
1.1 spaces per unit; or
1.0 space per unit located in any DC1 or DG1
Zone.
*Including 0.15 spaces per unit for Visitor Parking
Bed & Breakfast
A minimum of 1.0 space for the dwelling unit, plus
1.0 space per guest room.
Boarding, Rooming
or Lodging House
A minimum of 1.0 space for the dwelling unit, plus
0.5 spaces per bedroom.
Converted Dwelling
1.5 spaces per dwelling unit..
Duplex Dwelling
1.5 spaces per dwelling unit.
Detached Accessory
Dwelling
Unit
(Garden Suite)
1.0 space per garden suite, in addition to the
parking requirements for the principal dwelling
unit.
Group Home
2.0 spaces per group home.
Home Occupation
No additional spaces shall be required in DC and
DG Zones only.
Institutional Residence
0.5 spaces per bed.
Linked Dwelling
2.0 spaces per dwelling unit.
Rental or Condominium
Townhouse Dwelling
1.5 spaces per dwelling unit.
Retirement Home
0.5 spaces per unit.
Attached Accessory
Dwelling Unit (Second
Suite)
1.0 space per second unit, in addition to the
parking requirements for the principal dwelling
unit.
Semi-detached
dwelling
1.5 spaces per dwelling unit.
Single
Detached
Dwelling
2.0 spaces per dwelling unit.
Street
Townhouse
Dwelling
1.5 spaces per dwelling unit.
Triplex Dwelling
1.5 spaces per dwelling unit.
Table 2: Parking Requirements for Commercial and Mixed Uses
Type of Use
Minimum Required Parking
Arena
1.0 space per 30.0 square metres of gross floor area or
1 space per 5 persons maximum design capacity,
whichever is lesser.
Assembly Hall
1.0 space per 10.0 square metres of gross floor area.
Automobile Sales and
Used Automobile Sales
Establishment, Service
Establishment,
Automobile Rental
Agency, and Automobile
Leasing Agency
1.0 space per 20.0 square metres gross floor area.
Bank or Trust Company
1.0 spaces per 18.0 square metres gross floor area.
Clinic or Medical Office
1.0 space per 18.0 square metres of gross floor area.
Commercial Recreation
Establishment
1.0 space per 20.0 square metres of gross floor area
Commercial Use in Mixed
Commercial Residential
Development
1.0 spaces per 25.0 square metres gross floor area.
Convenience Store
1.0 spaces per 20.0 square metres gross floor area.
Hardware, Home
Appliance, Home
Decorating, Home
Furnishing or Home
Improvement Store
1.0 spaces per 50.0 square metres gross floor area.
Hotel or Motel
1.0 space per guestroom plus the required spaces for
any adjoining or accessory public or commercial uses,
i.e restaurant.
Library
1.0 space per 30.0 square metres of gross floor area or
1 space per 5 persons maximum design capacity,
whichever is lesser.
Offices (Business, Public,
Professional)
1.0 spaces per 28.0 square metres gross floor area on
the first storey and 1.0 spaces per 50.0 square metres
gross floor area above or below the first storey.
Personal Service
Establishment
1.0 spaces per 20.0 square metres gross floor area.
Refreshment vehicle
5.0 spaces
Restaurants, including take-
out restaurants
1.0 space per 18.0 square metres gross floor area, except
that any take-out restaurant shall be 1.0 space per 8.0
square metres gross floor area. In all cases a minimum of
5.0 spaces shall be provided.
Outdoor Patio
No additional parking shall be required, except
that where the area of the outdoor patio exceeds
50.0 percent of the gross floor area of the
restaurant, parking shall be provided at a rate of
1.0 space per 18.0 square metres of outdoor patio
seating area.
Retail Uses (General)
1.0 spaces per 20.0 square metres gross floor
area.
Self-Service Storage
Facility
1.0 space per 100.0 square metres gross floor
area.
Shopping Centre or
Department Store
1.0 spaces per 20.0 square metres gross floor
area.
Short-term rental
1.0 space per bedroom.
Supermarket or Grocery Store
1.0 spaces per 18.0 square metres gross floor
area.
Theatre
1.0 space per 5 fixed seats.
Veterinarian's Office
1.0 spaces per 28.0 square metres gross floor
area.
Wholesale Establishment
1.5 spaces per 100.0 square metres gross floor
area.
All Other Commercial Uses Not
Listed Herein
1.0 spaces per 18.0 square metres gross floor
area.
b) Special Exemptions for Minimum Required Parking in the Downtown
Core Mixed-Use (DC1) Zone
Where a lot is located in the DC1 Zone, the parking required for any
commercial uses shall be reduced by 50.0 percent.
c) Mixed Use Development Shared Parking
A shared parking formula may be used for the calculation of required parking
for a mixed-use development. A mixed-use development means the
following:
i) Non-office uses in an office or medical office building or group of
buildings on the same lot.
ii) Office or medical office space in a building or group of buildings on the
same lot primarily occupied by retail uses.
iii) A building or group of buildings on the same lot containing a mix of
office or medical office, commercial uses and dwelling units.
iv) Non-residential uses in an apartment.
Shared parking is to be calculated in compliance with Table 3. All required
parking spaces must be accessible to all users participating in the shared
parking arrangement and may not be reserved for specific users.
The initial step in determining required parking for a mixed use development is to
calculate the parking requirement for each use in the development as if these
uses were free-standing buildings. The parking requirement for each use is then
multiplied by the percent of the peak period for each time period (i.e. morning),
contained in Table 3. Each "time of day" is totaled for weekday and weekend. The
highest figure obtained from all time periods shall become the required parking for
the mixed use development.
Table 3: Shared Parking Requirements for Mixed Uses
Type of Use
Percentage of Peak Period (Weekday)
Office/Medical
Morning: 100
Office/Financial
Afternoon:
95
Institution
Evening:
25
Overnight:
0
Restaurant/Convenience
Morning:
15
Restaurant
Afternoon:
50
Evening:
100
Overnight:
0
Retail Centre/Retail Store
Morning:
80
Personal Service
Establishment
Afternoon:
90
Evening:
90
Overnight:
0
Overnight Accommodation
Morning:
70
Hotel, Motel, Short-Term Rental
Afternoon:
60
Evening:
75
Overnight:
100
Residential
Morning:
90
*Visitor - 20
Afternoon:
40
*Visitor - 10
Evening:
90
*Visitor - 80
Overnight:
100
*Visitor - 100
Type of Use
Percentage of Peak Period (Weekend)
Office/Medical
Morning:
10
Office/Financial
Afternoon:
10
Institution
Evening:
10
Overnight:
10
Restaurant/Convenience
Morning:
15
Restaurant
Afternoon:
50
Evening:
100
Overnight:
0
Retail Centre/Retail Store
Morning:
80
Personal Service
Establishment
Afternoon:
100
Evening:
10
Overnight:
0
Overnight Accommodation
Morning:
70
Hotel, Motel, Short-Term Rental
Afternoon:
60
Evening:
75
Overnight:
100
Residential - Resident
Morning:
90
*Visitor - 20
(1) Residential - Visitor
Afternoon:
40
*Visitor - 10
Evening:
90
*Visitor - 80
Overnight:
100
*Visitor - 100
d) Method of Calculation
i)
Rounding
For the purposes of calculating required parking, should a fraction
result from a calculation, then the required parking shall be the
next highest whole number. For example, if the calculated
minimum parking requirement is 3.25 spaces, then the required
minimum parking is 4.0 spaces.
ii)
Calculation of Parking for Multiple Uses on a Lot Except as
otherwise provided in this By-law, when a building, lot or structure
accommodates more than one (1) type of use, the parking space
requirement for the whole building shall be the sum of the
requirements for the separate parts of the building(s) occupied by
the separate types of use. This provision shall apply to any
principal use(s) and accessory use(s).
iii)
Calculation of Parking Requirements for Construction of
Additions or Changes in Use
When a building or structure has insufficient parking at the time of
passing of this By-law to comply with the requirements herein, this
By-law shall not be interpreted to require that the deficiency be
made up prior to the construction of any addition. However, no
addition may be built and no change of use may occur, the effect of
which would be an increase in that deficiency.
e) Designation of Parking for Persons with Disabilities
i)
Parking for persons
with disabilities shall be provided in
accordance Section 3.38.9.4 of this By-law.
f) Parking Space, Area and Driveway Requirements
i)
Surface
Each parking area and driveway connecting the parking area with
a street shall be paved with an asphalt or concrete surface and be
bounded by curbs.
ii)
Parking Space and Aisle Dimensions
Parking spaces may be varied in width depending on the angle
measured perpendicular to the axis of the access aisle of the
space provided. Where an aisle serves two (2) different types of
angled parking, which are located across from each other, the
largest required access aisle shall be provided. The minimum
dimensions of parking spaces and parking space access aisles
shall be in accordance with the following:
1.
Ninety degree (90°) parking spaces shall be a minimum of
2.75 metres by 6.0 metres with a minimum 6.0 metres
access aisle;
2.
Sixty degree (60°) parking spaces shall be a minimum of
2.6 metres by 5.5 metres with a minimum 5.5 metres
access aisle;
3.
Forty-five degree (45°) parking spaces shall be a minimum
of 2.6 metres by 5.5 metres with a minimum 4.5 metres
access aisle;
4.
Thirty degree (30°) parking spaces shall be a minimum of
2.6 metres by 5.5 metres with a minimum 4.5 metres
access aisle; and
5.
Parallel parking spaces shall be a minimum of 6.0 metres
by 2.75 metres with a minimum 4.5 metres access aisle.
g) Access to Parking Areas
i)
Driveways, Access Lanes and Parking Aisles
1. Ingress and egress to parking areas shall be provided by
parking aisles comprised of not less than one (1) access lane
for ingress and one (1) access lane for egress.
2. Each lane shall be a minimum width of 3.0 metres, and if
combined, the lanes shall be a minimum width of 6.0 metres.
3. The width of the lanes shall not exceed 9.0 metres.
ii)
Driveway Separation Distance on the Same Lot
Except for the development of single-detached, triplex, semi-
detached, or townhouse dwellings, no person shall locate more
than one (1) driveway on a single lot without a separation distance
of a minimum of 7.6 metres measured between the nearest curb
faces of each private approach (driveway) along the street line.
iii)
Separation between Driveways and Intersections
The minimum distance between a driveway and an intersection of
street lines measured along the street line intersected by such
driveway shall be 9.0 metres.
iv)
Driveway Angle in Relation to Street Line
The minimum angle of intersection between a driveway and a
street line shall be sixty degrees (60°).
v)
Access through Residential Zones
No lot or parcel which is zoned for residential purposes shall be
used for vehicular access purposes to any land which is non-
residential.
vi)
Ingress/Egress in Flood Prone Areas
Ingress/egress for new buildings shall be designed such that
vehicular and pedestrian movement is not prevented during times
of flooding.
vii)
Access through Visibility Triangle
A driveway shall not be located within any required visibility
triangle.
h) Parking Area Location
i)
For all zones in the Downtown, no parking is permitted in the
front yard or exterior side yard, unless the principle use of the
property is for a single-detached dwelling, semi-detached
dwelling, or a street townhouse dwelling;
ii)
In the DC1, DC2, DG1, DG2, B1 and B2 Zones, parking may
be permitted in the interior side yard, provided that:
1. The Continuous Street Frontage General Provisions
26.2.3, 26.2.4, and 26.2.5 permit an opening in the
continuous building frontage on Main Street and side
streets; or
2. A landscape strip of a minimum width of 3.0 metres is
located along the street line to buffer the parking areas
from the street.
i)
Off Street Loading Space Requirements
i) Off street loading spaces shall be provided in accordance
Section 3.39 of this By-law.
26.2.16
Bicycle Parking Requirements
If a lot is located within the area delineated as the Downtown, as shown on
Schedule "N", and is zoned DC1, DC2, DG1, DG2, B1, B2, any R4 zone, or
Institutional Zone, bicycle parking shall be provided for the uses specified in
Table 4 and in accordance with the provisions below.
a)
Bicycle parking spaces shall be permitted as an accessory use in all
zones.
b)
The minimum number of bicycle parking spaces shall be in accordance
with Table 4:
Table 4: Minimum Required Bicycle Parking
Type of Use
Minimum Required Bicycle Parking
Institutional
Residence
0.25 spaces per room or suite.
Retirement Home,
Apartment
Dwelling, Masonite
Dwelling
0.25 spaces per dwelling unit.
School
1.0 space per 100.0 square metres of gross
floor area.
Retail, Office or
Restaurant
Use
with
less
than
3,000.0
square
metres of gross
floor area
1.0 space per 250.0 square metres of gross
floor area.
Retail, Office or
Restaurant
Use
with over 3,000.0
square metres of
gross floor area
1.0 spaces per 250.0 square metres of
gross floor area for the first 3,000.0 square
metres of gross floor area, and 1.0 space
per 500.0 square metres of gross floor area
Thereafter.
Hotel or Motel
1.0 space per 1,000.0 square metres of
gross floor area.
Any other Non-
Residential Use
1.0 space per 1,000.0 square metres of
gross floor area.
c)
Where the minimum number of bicycle parking spaces calculated in
accordance with Table 4 results in a fraction, the minimum number of
bicycle parking spaces shall be rounded up to the next whole number.
d)
Bicycle parking shall be located on the same lot as the use or building for
which it is provided.
e)
Bicycle parking may be located within any yard, but not within a visibility
triangle.
f)
A maximum of 50.0 percent of bicycle parking spaces may be located
within a required landscaped area.
g)
Bicycle parking spaces shall be 0.6 metres by 1.8 metres.
h)
Bicycle parking spaces shall be accessed by an aisle with a minimum
width of 1.5 metres.
i)
Any bicycle parking areas and associated aisles shall be located and
designed such that they are directly accessible by cyclists from a
driveway or parking aisle designed in accordance with the provisions of
Section 26.2.15.
j)
Bicycle racks shall be provided for bicycle parking on a surface
comprised of crushed stone, brick, asphalt or concrete.
k)
The provisions of this Section shall only apply to the erection of a new
building, redevelopment of a lot or a change in use.
26.3
Downtown Core, Downtown Gateway and Beach Mixed Use and Transition
Zones
26.3.1
Permitted Uses
Unless otherwise permitted in this By-law, no person shall, within any
Downtown Core (DC), Downtown Gateway (DG), or Beach (B) Mixed Use or
Transition Zone, use any land or erect or cause to be erected or used, any
building or structure, except in accordance with the uses permitted in Table 5.
Table 5: Permitted Uses
Use
Mixed Use and Transition Zones
DC1
DC2
DG1
DG2
B1
B2
Residential Uses
Apartment Dwelling (1)
X
X
X
X
Apartment Dwelling as part of a Mixed
Commercial/Office/Residential Building
(1)
X
X
X
X
X
X
Apartment Dwelling Unit (1)
X
X
X
X
X
X
Triplex dwellings, four-plex dwellings,
stacked townhouse dwellings, back-to-
back townhouse dwellings, townhouse
dwellings
X
X
X
X
Second Suite
X
X
X
X
X
X
Bed and Breakfast
X
X
X
Dwelling Unit (1)
X
X
X
X
X
X
Retirement Home
X
X
X
X
Non-Residential Uses A
Arcade
X
X
X
X
Assembly Hall
X
X
X
X
X
X
Adult Entertainment
Establishment
B
Bakery
X
X
X
X
X
Bake Shop
X
X
X
X
X
X
Use
Mixed Use and Transition Zones
DC1
DC2
DG1
DG2
B1
B2
Business and Professional
Offices
X
X
X
X
X
X
Business
Incubator/Accelerator
X
X
X
X
X
X
Business Service
Establishment
X
X
X
X
X
X
C
Car Wash
Catering Service
X
X
X
X
X
X
Clinic or Medical Office
X
X
X
X
X
X
Commercial Recreation Establishment
X
X
X
X
X
X
Commercial School
X
X
X
X
X
X
Commercial Use
X
X
X
X
X
X
Computer Service
X
X
X
X
X
X
Convenience Store
X
X
X
X
X
X
Custom Workshop
X
X
X
X
X
D, E
Day Nursery
X
X
X
X
X
X
Delicatessen
X
X
X
X
X
X
Department Store
X
X
X
X
Dry Cleaning Outlet
X
X
X
X
X
X
F
Farmer's Market
X
X
X
X
X
X
Film, Television and Recording
Studio
X
X
X
X
X
Financial Service
X
X
X
X
X
X
Flea Market
X
X
G
Gaming Facility
X
Gasoline Retail Facility
Grocery Store
X
X
X
X
X
X
Table 5: Permitted Uses
Use
Mixed Use and Transition Zones
DC1
DC2
DG1
DG2
B1
B2
H
Health Club
X
X
X
X
X
X
High Technology Retail
Store
X
X
X
X
X
Home Appliance Store
X
X
X
X
Home Decorating Store
X
X
X
X
Home Furnishing Store
X
X
X
X
Home Improvement
Store
X
X
X
X
Home Occupation
X
X
X
X
Hotel
X
X
X
X
X
X
I, J, K, L
Laundromat
X
X
X
X
X
M, N
Mixed
Commercial/Residential
Building (1)
X
X
X
X
X
X
Motel
X
X
Motor Vehicle Sales and
service
Establishment,
Body Shop and Repair
Garage
O
Office,
Business/Medical/Professional
X
X
X
X
X
X
P, Q
Parking Lot/Parking Garage (as a
principal use)
X
X
X
X
X
X
Personal Service
Establishment
X
X
X
X
X
X
Pet Shop
X
X
X
X
X
X
Photographic Service
X
X
X
X
X
X
Post-Secondary
Institution
X
X
X
X
Printing Establishment
X
X
X
X
X
X
BL2021-37
BL2021-37
Notes to Table 5:
(1) This use is subject to General Provisions 26.2.1 and 26.2.2 under By-law 2003-60.
26.3.2
Zone Provisions
Use
Mixed Use and Transition Zones
DC1
DC2
DG1
DG2
B1
B2
Private Club
X
X
X
X
X
X
R
Recreational Entertainment
Establishment
X
X
X
X
X
X
Research and Development
Establishment
X
X
X
X
X
X
Restaurant
X
X
X
X
X
X
Restaurant - Take-Out
X
X
X
X
X
X
Restaurant - Take-Out
(Food Vehicle)
X
X
Restaurant,
Convenience
Retail Shopping Centre
X
Retail Store
X
X
X
X
X
X
S
Short-term Rental
X
X
X
X
X
X
Sub Post Office
X
X
X
X
X
Supermarket
X
X
X
X
T
Taxi Dispatch Office
X
X
X
X
X
Theatre
X
X
X
X
X
X
U
V
Veterinarian's Office
X
X
X
Vocational
Training
Centre
X
X
X
X
X
W, X, Y, Z
Wholesale Establishment
X
X
X
X
Unless otherwise permitted in this By-law, no person shall, within any for
Downtown Core (DC), Downtown Gateway (DG), and Beach (B) Mixed Use and
Transition Zone, use any land or erect or cause to be erected or used, any
building or structure, except in accordance with the zone provisions indicated in
Table 6.
Table 6 - Zone Provisions for Mixed Use and Transition Zones
Requirement
DC1
DC2
DG1
DG2
B1
B2
Minimum Lot
Frontage
12.0 m
12.0 m
15.0 m
15.0 m
12.0 m
15.0 m
Minimum Lot
Area
500.0 m2
500.0 m2
500.0 m2
500.0 m2
500.0 m2
500.0 m2
Minimum Front
Yard
0.0 m
0.0 m
0.0 m
0.0 m
0.0 m
0.0 m
Maximum Front
Yard (1)
0.0 m where the
lot is subject to
Continuous
Street Frontage
(3)
1.2 m where the
lot is subject to
Continuous
Street
Frontage (3)
0.0 m where
the lot is
subject to
Continuous
Street
Frontage (3)
3.0 m where
the lot is
subject to
Continuous
Street
Frontage (3)
7.5 m
7.5 m
Minimum
Exterior Side
Yard (1)
0.0 m
1.2 m
0.0 m
3.0 m
0.0 m
3.0 m
Minimum
Interior Side
Yard
0.0 m
0.0 m or 4.5 m
where abutting a
Residential
Zone
0.0 m
1.5 m or 4.5 m
where
abutting a
Residential
Zone
0.0 m
1.5 m or 4.5
m where
abutting a
Residential
Zone
Minimum Rear
Yard
6.0 m or 50% of
the height of the
building,
whichever is
greater
6.0 m or 75% of
the height
of the building,
whichever is
greater
6.0 m or 50% of
the height
of the building,
whichever is
greater
6.0 m or 75% of
the height
of the building,
whichever is
greater
6.0 m or
50% of the
height
of the
building,
whichever is
greater
6.0 m or
75% of the
height
of the
building,
whichever is
greater
Maximum Lot
Coverage
90%
75%
80%
70%
80%
70%
Minimum
Landscaped
Open Space
No requirement
10%
No requirement
10%
No
requirement
10%
Minimum
Ground Floor
Height
4.5m where
subject to
Section 26.2.7
No requirement
4.5m where
subject to Section
26.2.7
No
requirement
4.5m where
subject to
Section
26.2.7
No
requirement
Requirement
DC1
DC2
G1
DG2
B1
B2
Minimum
Building Height
3 storeys where
subject to
Section 26.2.6;
otherwise, no
requirement
No requirement
3 storeys where
subject to Section
26.2.6; otherwise,
no
requirement
No
requirement
3 storeys
where
subject to
Section
26.2.6;
otherwise, no
requirement
No
requirement
Maximum
Building Height
6 storeys and
subject to
Angular Plane
provisions of
Section 26.2.8
4 storeys and
subject to Angular
Plane provisions
of Section
26.2.8
6 storeys and
subject to Angular
Plane provisions of
Section
26.2.8
4 storeys and
subject to
Angular Plane
provisions of
Section 26.2.8
6 storeys
and subject
to Angular
Plane
provisions of
Section
26.2.8
4 storeys
and subject
to Angular
Plane
provisions of
Section
26.2.8
Maximum
Commercial Unit
Width (2)
10 metres (2)
None
None
None
10 metres
(2)
None
Minimum
Building
Setback above
Three Storeys
1,5 metres for
any storey above
the third storey
measured from
the main wall of
the first three
storeys
None
1,5 metres for any
storey above the
third storey
measured from the
main wall of the
first three
storeys
None
1,5 metres
for any
storey above
the third
storey
measured
from the
main wall of
the first
three
storeys
None
Note: Other General Provisions in Section 3 and Section 26.2 may apply.
Notes to Table 6:
BL2021-37
(1)
General Provisions 26.2.9 and 26.2.10 apply along the frontages and exterior
side yards on Main Street and Mosley Street respectively.
(2)
The Maximum Commercial Unit width of 10 metres shall only apply for properties
fronting onto Main Street between the Nottawasaga River and Beck Street and
those properties fronting onto the Town Square in the Downtown Core Mixed-
Use (DC1) Zone and Festival Square in the Beach Mixed-Use (B1) Zone.
(3)
Continuous Frontage requirements along Main Street are outlined in General
Provisions 26.2.3, 26.2.4, and 26.2.5
DC1
DC2
G
DG2
B
B
26.3.3
Zone Provisions for Stand-Alone Residential Uses within Mixed Use and
Transition Zones
Unless otherwise permitted in this By-law, no person shall, within any Downtown
Core (DC), Downtown Gateway (DG), and Beach (B) Mixed
Use and Transition Zone, use any land or erect or cause to be erected or used,
any building or structure, except in accordance with the zone provisions
indicated in Table 7.
Table 7 - Zone Provisions for Stand-alone Residential Uses within Mixed Use and
Transition Zones
Requirement
Use
DC1 &
DG1
DC2
DG2
B1 & B2
Apartment
Dwelling
25.0 m
25.0 m
25.0 m
Stacked and
Back-to-back
Townhouse
Dwelling
30.0 m
30.0 m
30.0 m
Minimum Lot
Frontage
Triplex Dwelling
Not
permitted
21.5 m or in
accordance with
Street Townhouse
provisions where
separated by
vertical
walls
21.5 m or in
accordance with
Street Townhouse
provisions where
separated by vertical
walls
21.5 m or in
accordance with
Street Townhouse
provisions where
separated by vertical
walls
Townhouse
Dwelling
6.0 m per unit with
a front-accessed
garage, plus 3.0
m for exterior lots
6.0 m per unit with a
front-accessed
garage, plus 3.0 m
for exterior lots
6.0 m per unit with
a front-accessed
garage, plus 3.0 m
for exterior lots
5.5 m per unit with
a rear-accessed
garage
5.5 m per unit with a
rear-accessed
garage
5.5 m per unit with a
rear-accessed
garage
Converted
Dwelling
As legally existing
As legally existing
As legally existing
Minimum Lot
Area
Apartment
Dwelling
Not
permitted
1,000.0 m2
1,000.0 m2
1,000.0 m2
Stacked and
Back-to-back
Townhouse
Dwelling
180.0 m2 per unit
180.0 m2 per unit
180.0 m2 per unit
Triplex Dwelling
600.0 m2 or in
accordance with
Street Townhouse
provisions where
separated by
vertical
walls
600.0 m2 or in
accordance with
Street Townhouse
provisions where
separated by vertical
walls
600.0 m2 or in
accordance with
Street Townhouse
provisions where
separated by vertical
walls
Townhouse
Dwelling
180.0 m2 per unit
180.0 m2 per unit
180.0 m2 per unit
Converted
Dwelling
540.0 m2
540.0 m2
540.0 m2
Requirement
Use
DC1 &
DG1
DC2
DG2
B1 & B2
Minimum Front
Yard
All uses except
those noted
below
Not
permitted
0.0 m
0.0 m
0.0 m
Townhouse or
Stacked or Back-
to-back
Townhouse
Dwelling
4.5 m where
driveways are
located in front, 0.0
metres otherwise
4.5 m where
driveways are
located in front, 0.0
metres otherwise
4.5 m where
driveways are
located in front, 0.0
metres otherwise
Converted
Dwellings
As legally existing
As legally existing
As legally existing
Minimum
Exterior Side
All uses except
those noted
below
Not
permitted
4.5m
4.5m
4.5m
Converted
Dwellings
As legally existing
As legally existing
As legally existing
Minimum Interior
Side Yard (1)
All uses except
those noted
below
Not
permitted
1.2m
1.2m
1.2m
Converted
Dwellings
As legally existing
As legally existing
As legally existing
Minimum Rear
Yard (1)
All uses except
those noted
below
Not
permitted
7.5m
7.5m
7.5m
Converted
Dwellings
As legally existing
As legally existing
As legally existing
Stacked and
Back-to-back
Townhouse
Dwelling (1)
0.0m
0.0m
0.0m
Minimum
Landscape Open
Space
All permitted
uses
30%
30%
30%
Maximum Height
All uses except
those noted
below
Not
Permitted
10.0 metres and 3
storeys
10.0 metres and 3
storeys
10.0 metres and 3
storeys
Apartment
Dwelling
4 storeys and
subject to Angular
Plan provisions of
Section 26.2.8
4 storeys and subject
to Angular Plan
provisions of Section
26.2.8
Maximum height is
as per Table 6
Townhouse or
Stacked or Back-
to-back
Townhouse
Dwelling
12.0 metres and 3
storeys
12.0 metres and 3
storeys
12.0 metres and 3
storeys
Minimum Lot
Depth
All permitted
uses
Not
permitted
25.0m
25.0m
25.0m
Other Provisions
Note: Other General Provisions in Section 3 and Section 26.2 may apply.
Notes to Table 7:
(1)
An interior side yard or rear yard shall not be required where dwelling units
share a common wall.
26.4
ZONE EXCEPTIONS
26.4.1 Downtown Gateway Mixed-Use Exception One (DG1-1) Zone Schedule "N"
Notwithstanding and other provisions in this by-law to the contrary, lands zoned "DG1-
1" shall be subject to the following provisions:
a) A Gasoline Retail Facility shall be permitted, subject to:
i. Such use and all associated components shall be located no closer than 92
metres from the point of intersection of the street lines of the property along
Main Street and River Road West;
ii. Any vehicle fueling pumps and canopy shall be located no closer than
approximately 35 metres from the nearest street line of the property along
Main Street, and no closer than 13 metres from the street line of the property
along River Road West.
b) The Street Lines adjacent to:
i. Main Street shall be the Front Lot Line,
ii. River Road West shall be the Exterior Site Lot Line, and
iii. All other lot lines shall be Interior Lot Lines.
c) One access to a parking area shall be permitted through the Front Yard.
d) A maximum of one (1) parking space shall be permitted to encroach into the Front
Yard.
e) Where a planting strip is required, it shall have a minimum width of 1.5 metres.
f) Parking spaces shall be no less than:
i. 2.75 metres in width,
ii. 6.0 meters in depth, and
iii. 16.5 square metres in area.
g) The minimum required number of parking spaces to accommodate:
i. Retail Store and Restaurant uses shall be 1 space per 25 square metres of
gross floor area, of which a minimum of two (2) shall be barrier-free parking
spaces.
ii. A Hotel use, inclusive of amenity areas and accessory Restaurant(s) shall be
1 space per guest room, of which a minimum of three (3) shall be barrier-free
parking spaces.
h) One (1) loading space shall be required to serve each building.
i) A gasoline pump and other service station equipment shall be permitted to be
location and maintained in a parking area, subject to compliance with parking space
and drive aisle provisions of this by-law.
j) The maximum front yard setback shall 4.2 metres.
k) The maximum building height shall be 14.0 metres.
l) The minimum building setback above three storeys shall be 0.0 metres.
m) The minimum floor area for a rental unit shall be 27 square metres.
26.4.2 Downtown Gateway Transition Exception one (DG2-1) Zone (Schedule "N")
670 River Road West & 300 Zoo Park Road
Notwithstanding the provisions of Section 26.3.2, Table 6, and Section 26.3.3, Table 7
of this By-law, the following provisions shall apply in the DG2-1 Zone:
a) The maximum building height stall be 5.5 storeys, provided that:
i.
The first half-story is used for parking under the building
ii.
There are a maximum of five storeys of residential apartment dwelling units,
iii.
The top storey may be used for residential apartment dwelling units,
indoor/outdoor rooftop communal amenity area, elevator and mechanical
penthouse(s) and other similar uses;
iv.
No rooftop community amenity areas, elevator and mechanical penthouse(s)
and other similar uses, shall be permitted above 5.5 storeys.
b) Maximum Front Yard (River Road West) shall be 3.0 metres
c) Minimum Exterior Side Yard (Zoo Park Road) shall be 3.0 metres
d) The Holding (H) Symbol shall be removed by By-law of Council in accordance with
the provisions of Section 19.2.2.4 of the Official Plan.
26.4.3 Downtown Core Exception One (DC2-1) Zone Schedule "N"
21 Poplar Glen Road
i. The minimum lot frontage for an apartment dwelling shall be 20.8 metres
ii. The minimum landscaped open space shall be 17.2%
SECTION 27- DEFINITIONS
27.1
ABANDONED
Shall mean failure to proceed expeditiously with construction of a work,
specifically, abeyance of construction for a period of nine months.
27.2
ABUT
Shall mean to touch along a boundary line or lot line.
27.3
ACCESSORY
Shall mean a use, detached building or structure, which is usually incidental,
subordinate, exclusively devoted to and located on the same lot as the principle
use, building or structure but not including a building or structure which is used
for human habitation.
27.4
ACT
Shall mean The Planning Act, as amended from time to time.
27.5
ADJOIN
Shall mean to touch at a point or a line.
27.6
ADULT ENTERTAINMENT ESTABLISHMENT
Shall mean any premises or part thereof in which is provided, in pursuance of a
trade, calling, business, or occupation, services designed to appeal to the erotic
or sexual appetites or inclinations; of which a principal feature or characteristic
is the nudity or partial nudity of any person, or in respect of which the word
"nude", "naked", "topless", "bottomless", "sexy", or any other word or picture,
symbol or representation having like meaning or implication is used in any
advertisement.
27.7
AGRICULTURAL IMPLEMENT DEALER
Shall mean an establishment for the storage, repair or sale of agricultural
implements, equipment and machinery and includes the sale of parts,
accessories or lubricants for agricultural equipment on the same premises as
an accessory use.
27.8
AGRICULTURAL PRODUCE SALES OUTLET
Shall mean a premises accessory to a farm, used for the retail sale of
agricultural products produced on the farm where such outlet is located and that
may be supplemented by local agricultural products.
27.9
AGRICULTURAL USE
Shall mean the use of land, buildings, or structures for the purpose of
beekeeping, dairying, fallow, field crops, forestry, fruit farming, horticulture,
market gardening, pasturage, raising of livestock, or any other farming use, but
excludes intensive agricultural uses and an Agricultural Cannabis Cultivation
Site.
27.10
AGRICULTURAL USE, INTENSIVE
Shall mean land on which the predominant use is for the commercial raising of
chickens, turkeys, or other fowl, fur bearing animals, hogs, or the growing of
mushrooms or land used as an animal feed lot, managed to maximize
production and output in a confined area.
27.10.1
AGRICULTURAL CANNABIS CULTIVATION SITE
Means buildings or structures use for growing and destroying of cannabis which
is authorized by a license issued by the Federal Minister of Health pursuant to
the Cannabis Act as amended from time to time or any successors thereto and
may include the minimum amount of processing, testing, packaging and/or
shipping necessary to make the product available for sale and use in accordance
with the license and does not include any processing, testing, and packaging
beyond the minimum.
27.11
ALTER
Shall mean:
a)
Any change to one or more external dimensions; or
b)
Any change to the type of construction of the exterior walls or roof; or
c)
Any change in a bearing wall or partition, column, beam, girder, or other
supporting member of a building or structure; or
d)
Any increase in the area or cubic contents of a building or structure.
27.11.1
AMENITY SPACE, OUTDOOR
Shall mean an outdoor open space located directly adjacent to and accessed
from a habitable room of a residential dwelling unit for the private use of the
occupant(s), which is suitable for the growth and maintenance of landscaping
and may include any surface pedestrian walk, patio, pools or similar areas but
does not include any driveway or parking space.
27.12
AMUSEMENT DEVICE
Shall include any machine, device, equipment or contrivance used for playing
any game of chance or skill or of mixed chance or skill used to afford
entertainment or amusement. This definition shall not include an Amusement
Park as defined herein.
27.13
ANGLE OF DIVERGENCE
Shall mean the interior acute angle formed by and lying between two external
walls or lines or their projections.
27.14
ARENA
Shall mean a building designed and used predominantly for athletic and team
sports and may contain change rooms, washrooms, concessions and areas for
assembly.
27.15
ARCADE OR GAMES ESTABLISHMENT
Shall mean any premise or part thereof containing three or more amusement
devices operated for gain which may include a casino.
27.16
ART GALLERY
Shall mean a building used for the preservation of collections of paintings or
other works of art and devoted primarily to the recreation and/or education of
the public, and may include the exhibition and sale of paintings and other works
of art, whether by the proprietor or others.
27.17
ATTIC
Shall mean that portion of a building situated wholly or partly within the roof and
which is not a one-half storey.
27.18
AUDITORIUM
Shall mean a building or structure where facilities are provided for athletic, civic,
education, political, religious or social events. This definition may include an arena,
community center, gymnasium, stadium, theater or similar use.
27.19
BALCONY
Shall mean a structure attached to and projecting from a permitted use at a
greater height than the bottom of the first floor ceiling joists.
27.20
BANQUET HALL
Shall mean a building or structure, which may include an area for the
preparation and serving of food, and which is designed for the gathering of
persons for social, civic, educational, religious, recreational or similar purposes.
27.21
BASEMENT
Shall mean a storey which is partly underground, but which has at least one-
half of its height (measured from finished floor to finished ceiling) above the
adjacent finished grade, or has at least one wall from finished floor to above
finished ceiling exposed above the ground level and where a permanent point of
access is provided in the said wall.
27.22
BOARDER
Shall mean a person other than the lessee, tenant, owners, or person related
thereto, to whom meals may or may not be provided and where lodging is
provided for compensation.
27.23
BOARDING HOUSE
Shall mean a dwelling in which lodging with or without meals is supplied for gain
to three (3) or more persons other than the lessee, tenant or owner of said
dwelling, but does not mean or include a tourist establishment, hospital or
similar commercial or institutional use, or apartment building, and does not
include a bed and breakfast establishment.
27.24
BOAT HOUSE
Shall mean an accessory building or structure for the docking and/or storage of
water vessels.
27.25
BUILDING
Shall mean any structure, other than a wall or fence, used for shelter,
accommodation or enclosure of persons, animals or goods.
27.26
BUILDING HEIGHT
Shall mean the vertical distance between the established grade and
- The highest point of a flat roof;
- The deck line of a mansard roof;
- The mean height between the eaves and ridge of a gabled or hip roof.
- In calculating the height of a building, any construction used as an ornament
or for the mechanical operation of the building such as a mechanical
penthouse or a chimney, tower, cupola, steeple, or an antenna, or a free
standing farm silo shall not be included unless otherwise stipulated herein.
27.27
BUILDING INSPECTOR
Shall mean an inspector appointed under The Ontario Building Code Act as
amended.
27.28
BUILDING SUPPLY CENTER
A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the fabrication of
certain materials related to home improvements.
27.29
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 a salvage, junk or scrap yard.
27.30
BUS TRANSFER DEPOT
Shall mean a building where tickets are sold and a waiting room is provided for
transit passengers and where buses can stop to pick up and discharge transit
passengers, but does not include the storage and maintaining of buses or any
other vehicle.
27.31
CAMP, SPORTS OR RECREATIONAL
Shall mean the use of lands, buildings and structures for sport and recreational
training and educational purposes and may include accommodation and food
service facilities for camp staff and patrons.
27.32
CARPORT
Shall mean a building or structure or part thereof, at least forty percent (40%) of
the area of the perimeter faces of which is open and unobstructed by any wall,
door, post or pier, which is used for the temporary parking or storage of private
passenger motor vehicles or commercial vehicles wherein neither servicing nor
repairing is carried on for remuneration.
27.33
CAR WASH
Shall mean a building of structure containing facilities for washing motor
vehicles for a fee.
27.34
CELLAR
Shall mean that portion of a building which is partly or wholly underground, but
which has more than one-half of its height (measured from finished floor to
finished ceiling) below the established finished grade level adjacent to the
exterior walls of the building.
27.35
CEMETERY
Shall mean a cemetery, mortuary, columbarium and/or crematorium within the
meaning of The Cemetery Act, as amended.
27.36
CHIEF BUILDING OFFICIAL
Shall mean a Chief Building Official appointed or constituted under The Ontario
Building Code Act as amended.
27.37
CLUB
a)
Shall mean a building or part of a building used as a meeting place for
members of an organization; and
b)
The use of such premises being for social, recreational or
athletic purposes; and
c)
Includes a lodge, a fraternity or sorority house and a labour union hall.
27.38
COMMERCIAL
Shall mean the use of land, building or structure for the purpose of buying,
selling, supplying of goods and services as distinguished from such uses as
manufacturing or assembling of goods, warehousing, transport terminals,
construction and other similar uses.
27.39
CONSERVATION USES
Shall mean to include forestry, reforestation, scientific research and education,
wildlife management, and other activities connected with the conservation of
ecologically significant resources and also includes a wildlife sanctuary.
27.40
CORPORATION
Shall mean the Municipal Corporation of the Town of Wasaga Beach.
27.41
COUNCIL
Shall mean the Municipal Council of the Corporation of the Town of Wasaga
Beach.
27.42
COUNTY
Shall mean the Municipal Corporation of the County of Simcoe.
27.43
CRISIS CARE FACILITY
Shall mean a building or part of a building which is used to provide temporary
residence for persons requiring immediate emergency shelter and aid for a short
period of time and;
a)
Such facility is supervised or the members of the group are referred, by a
hospital, court or government agency; or
b)
Such facility is funded wholly or in part by any government, other than
funding provided solely for capital purposes; or
c)
Such facility is regulated or supervised under any general or special Act; and
without limiting the generality of the foregoing, includes hostels for battered or
abused adults or children, hostels for youths requiring immediate emergency,
temporary shelter and hostels for elderly persons.
27.44
CUSTOM WORKSHOP
Shall mean a building or part of a building used by a trade, craft or guild for the
manufacture and sale of custom made articles.
27.45
DAY CARE, NURSERY
Shall mean a premises that receives more than five (5) children who are not of
common parentage, primarily for the purpose of providing temporary care, or
guidance, or both temporary care and guidance, for a continuous period not
exceeding twenty-four hours, where the children are:
a)
Under eighteen years of age in the case of a day nursery for children with
a developmental handicap: and
b)
Under ten years of age in all other cases; but does not include,
c)
Part of a public school, separate school, private school or a school for
challenged children under The Education Act; or
d)
A place that is used for a program of recreation and that is supervised by
a municipal recreation director who holds a certificate issued by the Parks
and Recreation Federation of Ontario,
In accordance with the Ministry of Community and Social Services or
appropriate government agency as regulated by The Day Nurseries Act.
27.46
DECK
Shall mean a structure attached to or located adjacent to a permitted use and
which is unenclosed and uncovered and may have access stairs or ramps to
grade.
27.47
DEPARTMENT STORE
Shall mean a building or part of a building having a size of 5,100 square metres
or greater which provides a range of retail products including clothing, furniture,
dry goods, appliances, electronic equipment and games, sports and leisure
items, home improvement merchandise and
hardware including hand and electrical tools, automotive products and service
facilities, personal service including beauty salon, travel agents, insurance
agents and similar undertakings, lawn and garden equipment and supplies and
food products.
27.48
DINING ROOM
Shall mean that part of a restaurant, or other building which is used for the
consumption of food by persons seated at booths, counters, tables or a
combination thereof.
27.49
DRIVEWAY
Shall mean an area of entrance and/or exit for regular use of motor vehicles.
27.50
DRY CLEANING OR LAUNDRY OUTLET
Shall mean a building used for the purpose of receiving articles or goods of
fabric to be subjected elsewhere to a process of cleaning or dyeing. Such
establishment may also be used for pressing and or distributing any articles or
goods or fabric which have been received therein and may include a self-service
dry cleaning and/or a self-service laundry.
27.51
DRY CLEANING FACILITY
Shall mean a building, or part thereof, used for the purpose of receiving,
pressing, dyeing, dry cleaning and distribution of any such goods or articles,
wherein only non-flammable solvents are used, no odours or fumes are emitted
and/or no noise or vibration is created which causes or may cause nuisance or
inconvenience within or exterior to the premises.
27.52
DWELLING UNIT, DETACHED ACCESSORY
Shall mean a dwelling unit, accessory to the main use of the property and in the
form of a dwelling unit, single detached.
27.53
DWELLING, APARTMENT
Shall mean a separate building containing more than four (4) dwelling units,
each unit having access from a corridor system, and may include administrative,
maintenance, storage, laundry, garage and other similar accessory facilities
provided for the convenience of the occupants.
27.54
INTENTIONALLY LEFT BLANK
27.55
DWELLING UNIT, DUPLEX
Shall mean a separate building of two (2) or more stories divided horizontally
into not more than two (2) dwelling units, each of which is completely on a
separate storey and each of which have an independent entrance either directly
from outside the building or through a common vestibule.
27.56
DWELLING UNIT, LINK
Shall mean a separate building not containing more than one (1) dwelling unit
and is structurally connected below grade to another dwelling unit, but the above
grade exterior walls of the structure are not connected.
27.57
DWELLING UNIT, SINGLE DETACHED
Shall mean a separate building containing not more than one (1) dwelling unit
and includes a modular home, but does not include a mobile home or rental
cottage.
27.58
DWELLING UNIT, SEMI-DETACHED
Shall mean one of a pair of two attached dwelling units divided vertically, each
of which has an independent entrance either directly from outside the building
or through a common vestibule.
27.59
DWELLING, STREET TOWNHOUSE
Shall mean a building, as described in 27.60 in which each dwelling unit abuts
a public street and where each dwelling unit is located on a separate lot.
27.60
DWELLING, TOWNHOUSE
Shall mean a separate building divided vertically into three (3) or more dwelling
units and which may be further divided horizontally, each of which has direct
access from the outside ground level and shares above ground party walls with
abutting dwelling units.
27.61
DWELLING UNIT
Shall mean one or more rooms in a building, designed as, or intended as, or
capable of being used or occupied as a single independent housekeeping unit
and containing sanitary facilities, facilities for food preparation or facilities for the
installation of kitchen equipment and a means of private entrance directly from
the outside or from a common Hallway or stairway of from a shared room within
the building. For the purpose of this By-law, a dwelling unit does not include any
commercial accommodation, any room or group of rooms in a boarding
(rooming or lodging) house or a house trailer.
27.61.1
DWELLING UNIT, MIXED USE
Shall mean a dwelling unit with a 'live-work' commercial component, which shall
not include a home occupation or a home industry, and which is located in the
first storey of the building and provides public access to a street.
27.61.2
DWELLING UNIT, LANEWAY-BASED
Shall mean a dwelling unit that fronts onto a public or private street, and which
backs onto a private lane in order to provide vehicular access to a rear yard
garage.
27.62
DWELLING UNIT, ATTACHED ACCESSORY
Shall mean a dwelling unit, accessory to the main use of the property and
contained within or attached to a main use building.
27.63
DWELLING UNIT, BACHELOR
Shall mean a dwelling unit consisting of one bathroom and not more than two
(2) appropriately arranged habitable rooms and providing therein living, dining,
sleeping, and kitchen accommodation.
27.64
DWELLING UNIT/RENTAL UNIT AREA
Shall mean the habitable area of each floor above finished grade contained
within the inside walls of a dwelling unit/rental unit, excluding any private garage,
carport, porch, verandah, unfinished attic, or sunroom (unless such sunroom is
habitable in all seasons of the year) and excluding common hallways, common
stairways or other common areas and the thickness of exterior walls.
27.65
EQUESTRIAN FACILITY
Shall mean land, buildings and structures where horses are boarded, trained or
kept for hire and may include accessory uses such as a tack shop, exercise
facilities, meeting facilities and other similar uses.
27.66
EQUIPMENT RENTAL
Shall mean an establishment where tools, machinery, construction and renovation
goods and equipment are kept predominantly for rent or lease on a temporary loan
basis to the public.
27.67
ERECT
Shall mean to build, construct, reconstruct or relocate and, without limiting the
generality of the word, also includes:
a)
Any preliminary operation such as excavation, filling or draining;
b)
Altering an existing building or structure by an addition,
enlargement, extension or other structural change; and
c)
Any work which requires a building permit under the Building By-law of
the Corporation or the Ontario Building Code Act as amended;
And whereby the words "erected" and "erection" shall have a corresponding
meaning.
27.68
ESTABLISHMENT
Shall mean a place or premises in which or where a use occurs or events
happen.
27.69
EXISTING
Shall mean existing on the date of passing of this By-law unless otherwise
specifically set out herein.
27.70
FINANCIAL SERVICES
Shall mean an establishment concerned with the custody, loans, exchange or
issue of money, extension of credit and the transmission of funds, either through
a chartered bank, trust company or other business or facility.
27.71
FIRE HALL
Shall mean a building housing firefighting apparatus and may or may not provide
accommodation for fire fighters.
27.72
FISHING ESTABLISHMENT
Shall mean an establishment where bait, tackle and fishing equipment are kept
for sale or hire, where boats are intended for recreational fishing excursions are
kept for hire and may include the stocking and keeping or fish together with pond
or tank fishing facilities.
27.73
FLOOD PLAIN
Shall mean the area, usually low lands adjoining a watercourse or waterbody
which has been or may be subject to flooding hazards based on flooding
produced from a Hurricane (Hazel 1954 or Timmins Storm 1961) event, the
1:100 year flood, high lake level, or ice jamming.
27.74
FLOOR, FIRST
Shall mean the floor of a building at or immediately above the established grade.
27.75
FLOOR AREA
Shall mean, with reference to a building, the total habitable floor area within a
building which area is measured between the exterior faces of the exterior walls
or from the center line of a common or party wall, but excluding any private
garage, carport, breezeway, porch, veranda, balcony, sunroom unless such
sunroom is habitable in all seasons of the year, attic or cellar.
27.76
FLOOR AREA, GROSS (G.F.A.)
Shall mean the aggregate of the floor areas of all the stories of all buildings on
a lot and including the floor area of any basement, which floor areas are
measured between exterior faces of the exterior walls of the building at each
floor level, and for the purpose of this paragraph, the walls of an interior court
shall be deemed to be exterior walls, but excluding the following:
a)
Any accessory dwelling unit;
b)
Any part, below finished grade, of a building or structure which is used
for heating equipment;
c)
Any part, below finished grade, of a building or structure which is used
for the storage or parking of motor vehicles; or
d)
Enclosed malls when used as a common area between stores.
27.77
FLOOR AREA, GROUND
Shall mean the floor area of the lowest storey of a building approximately at or
first above the finished grade level excluding any cellar, which area is measured
between the exterior faces of the exterior walls at the floor level of such storey,
but excluding any car parking area within the building, breezeway, porch,
veranda, balcony or sunroom unless such sunroom is habitable in all seasons,
and for the purpose of this paragraph the walls of an inner court area shall be
deemed to be exterior walls.
27.78
FLOOR AREA, PUBLIC
Shall mean, with reference to a building, the total floor area within a building
provided for and intended to be used by the public which area is measured
between the exterior faces of the exterior walls or from the centreline of a
common or party wall but does not include private offices, storage areas, food
preparation areas, mechanical rooms or similar areas.
27.79
FORESTRY USE
Shall mean a use related to the management and protection of trees and other
vegetation.
27.80
FUEL STORAGE TANK OR SUPPLY YARD
Lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales or key lock operations.
27.801
FUNERAL HOME
Shall mean an establishment concerned with the ceremonies held for a
deceased person prior to burial and may also include any premises where the
preparation of the dead human body for interment or cremation is undertaken.
27.82
GARAGE, PRIVATE
Shall mean an accessory building or portion of a building including a carport
which is designed or used for the temporary parking or storage of motor vehicles
and the storage of household equipment incidental to residential occupancy and
where there are no facilities for repairing or servicing of such vehicles for
remuneration or commercial use.
27.83
GASOLINE RETAIL FACILITY
Shall mean a premise where the retail sale of fuel or lubricants for motor vehicles
constitutes either the sole use, such as a gas bar, or an accessory use, such as
a gasoline pump island. This definition shall not include a motor vehicle repair
garage.
27.84
GENERAL MERCHANDISER
Shall mean a building or part of a building having a size of 5,100 square meters
or greater, which all or a portion of may be open to the public or limited to
members and which provides a range of goods, wares and merchandise.
Permitted items for sale are those allowed in a department store and a
supermarket.
27.85
GO-CART COURSE
Shall mean a public or private area designed and used for the maneuvering of
a small four-wheeled vehicle around a track.
27.86
GOLF COURSE
Shall mean a public or private area operated for the purpose of playing golf,
including a par three golf course, a driving range, a miniature golf course or a
similar use.
27.87
GOLF DRIVING RANGE
Shall mean a public or private area or building designed and used for the driving
of golf balls.
27.88
GRADE, ESTABLISHED
Shall mean, with reference to a building, the average elevation of the finished
surface of the ground where it meets the exterior of the front of such building
and when used with reference to a structure, means the average elevation of
the finished grade of the ground immediately surrounding such structure,
exclusive in both cases of any artificial embankment or entrenchment and when
used with reference to a street, road or highway, means the elevation of the
street, road or highway established by the Municipality or other designated
authority.
27.89
GROUP HOME
Shall mean a residence that is licensed or funded under an Act of the Parliament
of Canada or the Province of Ontario for the accommodation of three to ten
persons, exclusive of staff, living under supervision in a single housekeeping
unit and who, by reason of their emotional, mental, social or physical conditions
or legal status, require a group living arrangement for their wellbeing.
27.90
GUEST ROOM
Shall mean a room or suite of rooms which is used or maintained for gain or
profit by providing accommodation to the public.
27.91
HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or food preparation.
27.92
HEREAFTER
Shall mean after the date of the passing of this By-law.
27.93
HEREIN
Shall mean in this By-law and shall not be limited to any particular section of this
By-law.
27.94
HOME INDUSTRY
Shall mean a use which is conducted for gain or profit and which is clearly
incidental, accessory or secondary to the residential use of a dwelling.
27.95
HOME MEDICAL OFFICE
Shall mean a use which is conducted for gain or profit and which is clearly
incidental, accessory or secondary to the residential use of a dwelling and which
is used by qualified medical doctors, dentists, osteopaths, chiropractors and/or
drugless practitioners and their employee or assistant for the purpose of
consultation, diagnosis and treatment or other human health purpose, but does
not include a private or public hospital.
27.96
HOME OCCUPATION
Shall mean a use that is conducted for gain or profit and which is clearly
incidental, accessory or secondary to the residential use of a dwelling.
27.96.1
HOME OCCUPATION - HOLISTIC PRACTITIONER
Shall mean a person qualified to provide physical or psychological therapies
designed to improve health or relieve stress and shall include but are not limited
to Aromatherapy, Reiki, Reflexology, Non-medical- therapeutic massage
therapies, Nutritional therapies, Herbal/Botanical therapies, Psychological and
Mind/Body Control and does not include a Massage Therapist licensed and
registered by the Province of Ontario, Family Physicians, Optometrists,
Surgeons, Dentists, Chiropractors, Osteopaths, Physiotherapists and Dental
Hygienists who are already regulated herein and practice pursuant to the Health
Professions Act.
27.96.2
HOME OCCUPATION - PERSONAL SERVICES
Shall mean a home based business where a personal service is provided and
may include barber services, a beauty salon, tattoo or body piercing services,
dressmaking services, shoe repair services, a tailor, a photographic studio or
other similar uses and does not include a fitness studio, a body rub parlour, a
massage therapist licensed and registered by the Province of Ontario, Family
Physicians, Optometrists, Surgeons, Dentists, Chiropractors, Osteopaths,
Physiotherapists and Dental Hygienists who are already regulated herein and
practice pursuant to the Health Professions Act.
27.96.3
HOSPITAL
Shall mean a hospital as defined by the Private Hospitals Act as amended from
time to time or a hospital as defined by the Public Hospitals Act as amended
from time to time.
27.97
INDUSTRIAL, EXTRACTIVE
Shall mean land including accessory buildings and structures, used for the
removal, refinement and/or processing of sand, gravel, stone or other aggregate
resources and includes a borrow pit, a gravel pit and a stone quarry.
27.97.1
INFRASTRUCTURE
Shall mean physical structures (facilities and corridors) that form the foundation
for development. Infrastructure includes: sewage and water systems, septage
treatment systems, storm water management systems, flood and erosion control
structures, waste management systems, electricity generation facilities,
electricity
transmission
and
distribution
systems,
communications/
telecommunications, transit and transportation corridors and facilities, oil and
gas pipelines and associated facilities.
27.98
KENNEL
Shall mean any building or structure or part thereof used for the keeping of three
or more purebred dogs for breeding purposes and/or any number of dogs for
boarding or any other normally associated or related function.
27.99
LANDSCAPED OPEN SPACE
Shall mean the open, unobstructed space, at finished grade on a lot, accessible
by walking from the street on which the lot is located and which is suitable for
the growth and maintenance of grass, flowers, bushes, trees and other
landscaping. This definition shall not include any surfaced walk, patio or similar
area, driveway or ramp, whether surfaced or not, nor any curb, retaining wall,
parking area or open space beneath or within a building or structure.
27.100
LANE
Shall mean a public thoroughfare which affords only a secondary means of
access for vehicular traffic to abutting lots and which is not intended for general
traffic circulation.
27.100.1
LANE, PRIVATE
Shall mean a private laneway thoroughfare within or abutting a condominium
form of development that is privately owned, managed and maintained, and
which affords access to the rear of lots and which is not intended for general
traffic circulation but which is not a Public or Private Street.
27.101
LAUNDROMAT
Shall mean an establishment containing one or more washers, each having a
capacity not exceeding 23 kilograms, and drying, ironing, finishing and
incidental equipment, provided that only water, soaps and detergents are used
and provided that no such operation shall emit any noise or vibrations which
would cause a nuisance or inconvenience within or without the premises. This
definition may include a self-service dry cleaning establishment.
27.102
LIBRARY
Shall mean a building or part of a building containing printed, pictorial, computer,
and audio visual equipment and material for public use for the purposes of
study, reference and recreation.
27.103
LIGHT MANUFACTURING
Shall mean the fabrication or assembly of any item from standardized parts, but
excluding any processing of raw or partly finished material.
27.104
LOADING SPACE
Shall mean an area of land that 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 is not for the purpose of offering
commodities for sale or display.
27.105
LOT
Shall mean a parcel or tract of land described in a deed or other document which
is legally capable of conveying title and:
a)
Is a whole lot as shown on a registered plan of subdivision, but a
registered plan of subdivision for the purposes of this paragraph does not
include a registered plan of subdivision which has been deemed not to
be a registered plan of subdivision under a by-law passed pursuant to
The Planning Act, as amended from time to time; or,
b)
The description of which is the same as in a deed which has been given
consent pursuant to The Planning Act, as amended from time to time; or
c)
Is the whole remnant remaining to an owner or owners after conveyance
made with consent pursuant to The Planning Act, as amended from time
to time; or
d)
Is located in a Judge's Plan provided that each parcel is held in separate
and distinct ownership; or,
e)
Is a legally separated parcel of land without any adjoining or abutting land
being owned by the same owner or owners.
27.106
LOT, CORNER
Shall mean:
a)
A lot situated at the intersection of and abutting on two (2) or more streets,
or
b)
A lot abutting on one (1) or more parts of the same street or on two
(2) or more streets in which an interior angle of less than one hundred
and thirty-five (135) degrees is contained by the two (2) straight lines
which join the foremost point of the lot with the two (2) points at which the
interior side lot line and the rear lot line meet the street or streets.
27.107
LOT, INTERIOR
Shall mean any lot, other than a corner or through lot.
27.108
LOT, THROUGH
Shall mean a lot, other than a corner lot, having separate frontages on two
streets.
27.109
LOT AREA
Shall mean the total horizontal area within the lot lines of a lot and in the case
of a corner lot having street lines rounding at the corner with a radius of 6 metres
or less, the lot area of such lot is to be calculated as if the lot lines were projected
to their point of intersection, excluding the horizontal area between the top and
toe of the embankment of thirty-three percent (33%) or more from the horizontal.
27.110
LOT COVERAGE
Shall mean that percentage of the lot area covered by the perpendicular
projections onto a horizontal plane of the area of all buildings on the lot. Lot
coverage shall not include the following:
a)
Uncovered and unenclosed decks and balconies; canopies and
overhanging eaves provided none of the foregoing are less than two and
one half (2.5) metres above finished grade;
b)
Enclosed malls when used as a common area between stores.
27.111
LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines, such distance
being measured along a line which is parallel to the front lot line and a distance
equal to the minimum required front yard depth. Lot frontage shall not include
the extent to which a lot abuts the end of a street, other than a street which
terminates in a cul-de-sac.
27.112
LOT LINE
Shall mean any boundary of a lot.
27.113
LOT LINE, FRONT
Shall mean, in the case of an interior lot, the line dividing the lot from the street.
In the case of a corner lot, either the shorter lot line shall be deemed to be the
front lot line and the longer lot line abutting a street shall be deemed an exterior
side lot line or the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line and the other lot line abutting a street shall
be considered an exterior side lot line. In the case of a through lot or a corner
lot whose exterior lot lines are the same length, the lot line where the principal
access to the lot is provided shall be deemed to be the front lot line. In the case
of a lot having water frontage, the front lot line shall be considered the lot line
abutting the street.
27.114
LOT LINE, REAR
Shall mean, in the case of a lot having four (4) or more lot lines, the lot line
furthest from and opposite to the front lot line. If a lot has less than four
(4) lot lines, it shall be deemed to be the apex of the triangle formed by the
side lot line.
27.115
LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
27.116
LUMBERYARD
Shall mean a place where lumber and other related building materials are kept
for sale.
27.117
MARINA
Shall mean an establishment where boats, personal watercraft, and
snowmobiles and related accessories are stored, serviced, repaired or kept for
sale or rent and where facilities for the sale of marine fuels and lubricants may
be provided.
27.118
MARINE FACILITY
Shall mean an accessory building or structure that is used to take a boat into or
out of a waterbody, to moor, to berth or to store a boat. This definition may
include a boat launching ramp, boat lift, dock or boat house, but shall not include
any building for human habitation or any boat service, repair or sales facility.
27.119
MINIATURE GOLF COURSE
Shall mean a place where a game is played with a golf ball and clubs on a small
scale course having a varied number of holes and differing degrees of difficulty.
27.120
MOBILE HOME
Shall mean any dwelling that is designed to be made mobile, and constructed
or manufactured in accordance with the Ontario Building Code Act as amended,
to provide a permanent residence for one or more persons, but does not include
a motor home, house, modular home, trailer or tent trailer or trailer otherwise
designed.
27.121
MODULAR HOME PARK
Shall mean a parcel of land under single or condominium ownership which has
been planned and improved for the placement of mobile and modular homes for
non-transient use, together with ancillary facilities.
27.122
MODULAR HOME SITE
Shall mean a parcel of land, within a mobile home park, intended to be used by
one (1) mobile home or one (1) modular home.
27.123
MODULAR HOME
Shall mean a prefabricated building, equipped for year round occupancy and
containing therein facilities for cooking as well as sanitary facilities including a
flush toilet and a shower or bathtub and placed on a finished or permanent
foundation. The construction of a modular home shall conform to the Ontario
Building Code Act as amended and shall maintain the appearance and
character of traditionally constructed single detached dwelling units, particularly
distinguished by a peaked, hip or similar roof line. This definition shall not
include a mobile home.
27.124
MOTOR HOME
Shall mean a self-propelled vehicle capable of being used for the temporary
living, sleeping, eating or accommodation of persons.
27.125
MOTOR VEHICLE
Shall mean an automobile, a boat, a commercial motor vehicle, a farm
implement, a motorcycle, a snowmobile, personal watercraft, a truck or a tourist
vehicle as may be defined in the Highway Traffic Act as amended.
27.126
MOTOR VEHICLE, COMMERCIAL
Shall mean a motor vehicle having permanently attached thereto a truck
or delivery body and includes ambulances, hearses, casket wagons, fire
apparatus, buses and tractors used for hauling purposes on the highways and
a commercial motor vehicle as may be defined in the Highway Traffic Act as
amended.
27.127
MOTOR VEHICLE SALES AND SERVICE ESTABLISHMENT
Shall mean a building and/or lot used for the display, sale, storage and rent of
new and used motor vehicles and may include, as clearly accessory and
incidental to the above, the servicing, repair, cleaning, polishing, greasing, body
repair and painting of vehicles, the sale of automotive accessories and related
products and the leasing or renting of motor vehicles, but shall not include any
other defined automotive use nor include a wrecking yard or salvage yard.
27.128
MOTOR VEHICLE BODY SHOP
Shall mean a building where automobile cleaning, polishing, body repair and
painting is conducted within an enclosed building but shall not include any other
automotive use or include a wrecking or salvage yard.
27.129
MOTOR VEHICLE IMPOUND YARD
Shall mean a building or open compound used for the temporary storage of
motor vehicles and/or other items which have been seized and impounded due
to a vehicle bylaw enforcement violation or other similar circumstance and may
include an accessory office.
27.130
MOTOR VEHICLE REPAIR GARAGE
Shall mean a building other than a private garage where motor vehicles are
repaired, parked or stored for remuneration, kept for hire or sale, serviced, and
where gasoline, lubricants, and automotive parts and accessories are kept for
sale, but does not include the repair of motor vehicle bodies.
27.131
MUSEUM
Shall mean a building used or to be used for the preservation of a collection of
paintings or other works of art, or of objects of natural history, cultural history,
or of mechanical, scientific, or philosophical inventions, instruments, models or
designs, and dedicated to the recreation of the public, together with any
libraries, reading rooms, laboratories and other offices and premises used or to
be used in connection therewith.
27.132
NON-COMPLYING
Shall mean a lot, building or structure that does not fulfill the requirements of the
general provisions or Zone provisions for the Zone in which the lot, building or
structure is located.
27.133
NON-CONFORMING
Shall mean the use or activity of any lot, building or structure which does not
conform with the permitted uses of this by-law.
27.134
NURSERY AND GARDEN CENTER
Shall mean a place where all forms of plants, plant material, vegetation,
landscaping materials and services, and associated supplies are offered for sale
together with accessory items and services including, but not limited to, garden
and patio equipment, furniture and supplies, hot tubs, spas and supplies,
Christmas trees and similar seasonal plant and decorative materials with related
supplies, and also may include accessory outside storage.
27.135
NURSING HOME
Shall mean a building within which is provided lodging, nursing, medical or
similar care and treatment and includes a rest or convalescent home, and is
operated under The Nursing Home Act, as amended, but not a private hospital.
27.136
NOXIOUS USE
Shall mean a use which, from its nature or operation creates a nuisance or is
liable to become a nuisance or offensive by the creation of noise or vibration; or
by reason of the emission of gas, fumes, dust or objectionable odour; or by
reason of the unsightly storage of goods, wares, merchandise, salvage, refuse
matter, water or other material; and without limiting the generality of the
foregoing shall include any uses which under The Public Health Act, as
amended, or regulations thereunder, may be declared by the appropriate
government agency having jurisdiction or Council to be a noxious or offensive
trade, business or manufacture.
27.137
OFFICE, BUSINESS
Shall mean any building or part of a building in which one or more persons are
employed in the management, direction or conducting of an agency, business,
brokerage, labour or fraternal organization, and shall exclude such uses as retail
sale, manufacture, assembly or storage of goods or places of assembly and
amusement.
27.138
OFFICE, MEDICAL
Shall mean a building or part of a building used by qualified medical doctors,
dentists, osteopaths, chiropractors and/or drugless practitioners, as well as by
their staff and their patients for the purpose of consultation, diagnosis and
treatment or other human health purposes but does not include a private or
public hospital.
27.139
OFFICE, PROFESSIONAL
Shall mean any office where professionally qualified and accredited persons,
technical assistants and clerical staff are employed and where clients or patients
go for advice, consultation or treatment, but shall not include a business or
medical office.
27.140
OPEN SPACE
Shall mean the open, unobstructed space on a lot, including the open,
unobstructed space accessible to all occupants of any residential or commercial
building or structure on the lot, which is suitable and used for the growth and
maintenance of grass, flowers, bushes and other landscaping and may include
any surface pedestrian walk, patio, pools or similar areas but does not include
any driveway, ramp or parking area.
27.141
OPEN STORAGE
Shall mean the uncovered storage or display of goods, merchandise or
equipment on a lot or portion thereof.
27.142
PARK
Shall mean an area, consisting largely of open space, which may include a
recreational area, playground, play field or similar use, but shall not include a
mobile home park or trailer and tent park.
27.143
PARK, AMUSEMENT
Shall mean the use of lands, buildings and structures which may include
permanent rides, demonstrations and exhibits, theatres, arcades, games of
chance, swimming pools, wave pools, water slides, food and beverage service
and similar uses designed for the amusement and enjoyment of patrons and
which is presented as a unified and coordinated entertainment facility.
27.144
PARK, PUBLIC
Shall mean an area where park uses are permitted and the area is owned or
controlled by the Corporation or by any Board, Commission or other Authority
established under any statute of the Province of Ontario.
27.145
PARK, PRIVATE
Shall mean an area other than, in terms of ownership, a public park.
27.146
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 and which area:
a)
Comprises all parking spaces or at least the minimum number required
according to the provisions of this By-law and all driveways, aisles,
maneuvering areas, entrances, exits and similar areas used for the
purpose of gaining access to or egress from the said parking spaces; and
b)
Is provided and maintained in accordance with all applicable provisions
of this By-law. This definition shall include a private garage.
27.147
PARKING LOT
Shall mean any parking area other than a parking area accessory to a permitted
use on the same lot.
27.148
PARKING SPACE
Shall mean an area of land which:
a)
Is provided and maintained for the temporary parking or storage of one
(1) motor vehicle other than for the purpose of offering commodities for
sale or display;
b)
Is adequate for the temporary parking or storage of one (1) motor vehicle
and may be located within a private garage, building, carport or covered
area; and,
c)
Has adequate access to permit ingress and egress of a motor vehicle
from a street by means of driveways, aisles, maneuvering areas or
similar areas, not part of which access is to be used for the temporary
parking or storage of any motor vehicle.
27.149
PASSIVE OUTDOOR RECREATION
Shall mean the use of land which is typically unobtrusive and not disturbing to
the surrounding natural landscape and may include where permitted, walking
trails, natural interpretive facilities, bird and wildlife observation areas and
similar uses involved in the enjoyment of the natural environment, but does not
include a golf course, or motorized recreational vehicles except where
specifically designated for such use.
27.150
PATIO
Shall mean an area located at the finished grade of the lot, adjacent to a
permitted use and constructed of wood, stone, brick, concrete or pavement and
which is not part of any driveway or parking space.
27.151
PERMITTED
Shall mean permitted by this By-law.
27.152
PERSONS
Shall include an individual, association, firm, partnership, corporation, trust,
incorporated company, organization, trustee or agent, and the heirs, executors,
or other legal representatives of a person to whom the same can apply
according to law.
27.153
PLACE OF WORSHIP
Shall mean lands or buildings used for worship by an association of persons
that is:
a)
Charitable under the laws of Ontario; and
b)
Organized for the advancement of religion and for the conduct of
religious worship, service or rites; and
c)
Permanently established as to the continuity of its existence;
And may include accessory uses such as a residence for a caretaker or head of
the congregation and an assembly hall.
27.154
PLANTING STRIP
Shall mean an area which shall be used for no purpose other than planting a
row of trees or a continuous hedgerow of evergreens or shrubs, immediately
adjacent to the lot line or portion thereof along which such planting strip is
required herein. The remainder of such planting strip shall be used for no
purpose other than planting shrubs, flowers, grass or similar vegetation.
27.155
PLAY AREA
Shall mean a fenced or enclosed space, at or above finished grade, which is
equipped with play facilities and designed for use by children.
27.156
POINT OF INTERSECTION
Shall mean the point at which street lines abutting a corner lot intersect, or the
intersection of the projection or tangent of the street lines.
27.157
POLICE STATION
Shall mean a building housing members of a law enforcement detachment.
27.158
PORCH/VERANDA
Shall mean a structure located adjacent to a permitted use, which is
unenclosed but may be covered.
27.159
POST OFFICE
Shall mean a place where a government agency, department or
appointed agent handles the receipt and transmission of mail.
27.160
PREMISES
Shall mean a parcel of land with a structure on it.
27.161
PUBLIC USE
Shall mean the use of a lot, building, structure or facility by a public authority,
for the purpose of providing public service facilities and infrastructure to the
public, or carrying out its public mandate.
27.161.1
PUBLIC SERVICE FACILITIES
Shall mean land, buildings and structures for the provision of programs and
services provided or subsidized by a public authority, such as social assistance,
recreation, police and fire protection, health and educational programs, and
cultural services. Public service facilities do not include infrastructure.
BL2020-
48
27.161.2
PUBLIC AUTHORITY
Shall mean:
a)
The Government of Canada, Province of Ontario, County of Simcoe, Town
of Wasaga Beach, or any commission, committee, board, department or
school board established by such agency;
b)
Any entity providing police, ambulance or fire service on behalf of the
authorities described in clause a);
c)
Any utility company providing telephone, electrical or natural gas
services;
d)
Any railway company authorized under the Railway Act of Canada; or
e)
Any corporation providing services to the public that apart from fees
charged for its services has an operating budget entirely funded by one
or more entities described in clause a).
27.162
RECREATIONAL EQUIPMENT RENTAL ESTABLISHMENT
Shall mean the use of lands, buildings and structures for the display, leasing or
renting of recreational equipment which may include wind surfers, surf boards,
paddle boats, canoes, bicycles, sports equipment, snow skis or similar Items.
27.163
RECREATIONAL ENTERTAINMENT ESTABLISHMENT
Shall mean a premises where entertainment is offered for gain or profit such as
a motion picture or other theater, public hall, dance hall, bingo hall, billiard or
pool rooms, bowling alley, ice or roller skating rink, paintball or laser tag games,
fishing establishments and all other similar places of amusement, but shall not
include an adult entertainment establishment.
27.164
RECREATIONAL USES
Shall mean the use of land for parks, playgrounds, play areas, tennis courts,
lawn bowling greens, skating rinks, athletic fields, fishing establishments, golf
courses, golf driving ranges, paintball or laser tag games, picnic areas,
swimming pools, day camps, community centers, snow skiing and all similar
uses, together with necessary and accessory buildings and structures.
27.165
RESIDENTIAL
Shall mean the use of land, buildings or structures for human habitation.
27.166
REST HOME
Shall mean a building in which persons who are harbored, received or lodged
and where, in addition to sleeping accommodation and meals, nursing, medical
or similar care and treatment may be provided, but shall not include a hospital.
27.167
RESTAURANT
BL2021-78
Shall mean a building or part of a building, or associated outdoor café area,
which includes seating where food and possibly alcohol (in accordance with the
Liquor License Act) is offered for sale or sold to the public for immediate
consumption therein. This definition shall not include a Boarding House.
27.168
RESTAURANT, DRIVE-IN
Shall mean an establishment where food is offered for sale or sold to the public
for consumption, such establishment being designed for consumption of the food
within a motor vehicle parked in a permitted parking space on the premises of the
establishment.
27.169
RESTAURANT, TAKE-OUT
Shall mean an establishment where food is offered for sale or sold to the public
solely for consumption off the premises of the establishment.
27.169.1
RESTAURANT, TAKE-OUT (FOOD VEHICLE)
BL2021-37
Shall mean a vehicle or trailer from which food is prepared and/or offered for
sale and sold to the public solely for consumption off the premises, and shall
include a chip wagon, mobile food preparation vehicle, or refreshment vehicle,
and shall not include a mobile barbeque facility or refrigerated bicycle cart.
27.170
RETAIL STORE
Shall mean a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail, but does not
include any establishment otherwise defined herein or specifically named
elsewhere in this By-law.
27.170.1
SALVAGE YARD
Shall mean an establishment where goods, wares, merchandise, articles or things
are processed for further use, and where such goods, wares, merchandise, articles
or things are stored wholly or partly in the open and includes a junk or scrap
metal yard and an automobile wrecking yard or premises
27.172
BL2020-48
SCHOOL
Shall mean a school under the jurisdiction of a Board of Education or Separate
School Board, a college or university or any other similar educational institution or
parochial school operated on a non-profit basis which is maintained either wholly
or partially at public expense whether or not the same is also a boarding school,
and includes any dormitory building accessory to such a school" be deleted and
replaced with "Shall mean a school under the jurisdiction of a Board of Education or
Separate School Board, a college or university or any other similar educational
carries sewage to a sewage treatment facility.
27.178
SIGHT TRIANGLE
Shall mean the triangular space formed by the street lines of a corner lot and a
line drawn from a point in one street line to a point in the other street line, each
such point being 9 metres from the point of intersection of the street lines
(measured along the street lines). 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 projection of the street line or the intersection of the tangents to
the street lines.
institution or parochial school operated on a non-profit basis which is maintained
either wholly or partially at public expense whether or not the same is also a
boarding school, and includes such as but not limited to child care and any
dormitory building accessory to such a school.
27.173
SCHOOL, COMMERCIAL
Shall mean a school conducted for hire or gain such as a studio of dancing, art
school, drama school, school of calisthenics, business or trade school or any other
specialized school.
27.174
SERVICE SHOP, MERCHANDISE
Shall mean an establishment wherein articles or goods such as appliances,
furniture or similar items may be repaired or serviced. This definition shall not
include any manufacturing operation or establishment used for the service or
repair of motor vehicles.
27.175
SERVICE SHOP, PERSONAL
Shall mean an establishment wherein a personal service is provided. This may
include a barber shop, a beauty salon, a health and fitness studio, a dressmaking
shop, a shoe repair shop, a tailor shop, a photographic studio or similar uses.
27.176
SEWAGE TREATMENT FACILITY
Shall mean a building or structure, approved by the Ministry of Environment or the
appropriate agency having jurisdiction, where domestic and or industrial waste is
treated and may also include a sewage lagoon.
27.177
SEWER SYSTEM, SANITARY
Shall mean a system of underground conduits, operated by the Corporation or by
the Ministry of Environment or the appropriate agency having jurisdiction,
27.179
SIGN
Shall mean a display board, screen, cloth or structure having characters, letters, or
illustration applied thereto or displayed thereon in any manner and includes:
a)
A sign within a building that is visible from a street, and
b)
The posting or painting of an advertisement or notice on any building
or structure.
27.180
SINGLE INDEPENDENT HOUSEKEEPING UNIT
Shall mean an area within a building which is exclusively devoted to the
occupants therein and where all occupants have normal and reasonable access
to all of the habitable areas and facilities of the housekeeping unit and in the
case of a single detached dwelling unit this means the entire building.
27.181
STOREY
Shall mean that portion of a building, other than an attic, basement or cellar,
which is situated between the top of any floor and the top of the floor next above
it, and if there is not a floor above it, that portion between the top of such floor
and the ceiling above it.
27.182
STOREY, FIRST
Shall mean the lowest storey of a building located above the average finished
adjacent grade.
27.183
STOREY, ONE HALF
Shall mean the portion of a building situated wholly or partly within the roof, and
in which there is sufficient space to provide a minimum height of 2.3m between
finished floor and finished ceiling, over a floor area equal to at least 50% of the
area of the floor next below.
27.184
STREET
Shall mean a highway:
a)
As defined under The Highway Traffic Act as amended, and The
Municipal Act as amended, which has been assumed for public use and
is maintained year round; or
b)
Within a registered plan of subdivision that has not been deemed not to
be a registered plan of subdivision under a by-law passed pursuant to
the provisions of The Planning Act, as amended.
27.184.1
STREET, PRIVATE
Shall mean a Street or thoroughfare within or abutting a condominium form of
development that is privately owned, managed and maintained, and which
affords a primary means of access for vehicular traffic to abutting lots.
27.185
STREET ACCESS
Shall mean, when referring to a lot, that such lot has a lot line or portion thereof
which is also a street line.
27.186
STREET LINE
Shall mean the limit of the street allowance and is the dividing line between a
lot and a street.
27.187
STRUCTURE
Shall mean anything constructed or erected, the use of which requires location
on the ground, or which is attached to something having location on the ground,
and for the purposes of this By-law shall not include a vehicle as defined in The
Highway Traffic Act as amended or a fence of less than 2 metres in height.
27.188
STUDIO
Shall mean a building or part thereof used as the workplace of a photographer
or artist, craftsman or for the instruction of art, music, dancing, languages or
similar disciplines, or for the sale of crafts.
27.189
SUPERMARKET
Shall mean a building or part of a building having a size of 930 square
metres or greater, which provides a range of general food items including fresh
meats, fresh produce and other food stuffs, baked goods including a bakery,
cooking, cleaning and health care and beauty products. Furthermore ancillary
items including home, garden and clothing products may be permitted.
27.190
TAVERN
Shall mean a building or a part thereof used for a lounge or other public house
as defined pursuant to The Liquor License Act as amended.
27.191
TAXI STAND
Shall mean a predetermined and well maintained place where an automobile
that carries passengers for a fare picks up and drops off clients.
27.192
TEMPORARY BUILDING
Shall mean a building or structure intended for removal or demolition within a
prescribed time as set out in the building permit application.
27.193
THEATRE
Shall mean a place of public assembly intended for the production and viewing
of the performing arts or the screening or viewing of motion pictures and
consisting of an auditorium with permanently fixed seats solely for a viewing
audience.
27.194
THEATRE, DRIVE-IN
Shall mean a place of public assembly designed for the screening or viewing of
motion pictures within a motor vehicle parked in a permitted parking space on
the premises of the establishment.
27.195
TOURIST ESTABLISHMENT
Shall mean a building designed for the accommodation of the traveling or
vacationing public wherein no room within the establishment shall be occupied
by the same guest for a period of time exceeding 31 consecutive days. When
used in this By-law, this term is understood to include the following
accommodation types:
27.195.1
TOURIST ESTABLISHMENT, HOTEL
Shall mean a tourist establishment containing therein three or more guest rooms
served by a common entrance where guest rooms may include culinary facilities
and may have a separate entrance directly from outside the building together
with an office serving the patrons of the tourist establishment. Accessory uses
may include accommodation for permanent staff and one or more beverage
rooms, dining rooms, meeting rooms or similar uses.
27.195.2
TOURIST ESTABLISHMENT, LODGE
Shall mean a tourist establishment containing therein three or more guest rooms
served by a common entrance where guest rooms may include culinary facilities
and may have a separate entrance directly from outside the building together
with an office serving the patrons of the tourist establishment. Accessory uses
may include rental cabins, accommodation for permanent staff and one or more
beverage rooms, dining rooms or recreational facilities for use by the guests.
27.195.3
TOURIST ESTABLISHMENT, MOTEL
Shall mean a tourist establishment containing therein three or more guest rooms
that may include culinary facilities and individual sanitary facilities for each guest
room having a separate entrance directly from outside the building together with
an office serving the patrons of the tourist establishment. Accessory uses may
include accommodation for permanent staff and one or more beverage rooms,
dining rooms, meeting rooms or similar uses.
27.195.4
TOURIST ESTABLISHMENT, RENTAL CABINS
Shall mean a tourist establishment containing one rental unit in a detached
building or two rental units in a building that has a common wall between the
units which may have individual culinary and sanitary facilities together with an
office serving the patrons of the tourist establishment and having a minimum of
two (2) rental cabins on a lot.
27.195.5
TOURIST ESTABLISHMENT, RENTAL COTTAGE
Shall mean a tourist establishment in a detached building on an individual lot
which has culinary and sanitary facilities and comprises only one (1) rental unit.
27.195.6
TOURIST ESTABLISHMENT, BED AND BREAKFAST
Shall mean a private residential dwelling unit within which guest rooms, which
may have separate sanitary facilities but shall not have separate culinary
facilities, wherein such guest rooms are offered to the traveling public and
wherein meals may or may not be offered to the guests.
27.196
TOWN
Shall mean the Corporation of the Town of Wasaga Beach
27.197
TRAILER SALES & SERVICE ESTABLISHMENT
Shall mean a building and/or lot use for the display and sale of new and used
house trailers and motor homes, and may include, as accessory to the above,
the servicing, repair, cleaning, polishing, body repair and painting of house
trailers and motor homes, the sale of house trailer accessories and related
products and the leasing or renting of house trailers, but shall not include a
mobile or modular home.
27.198
TRAILER, HOUSE
Shall mean any vehicle so constructed that is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the motor vehicle
and capable of being used for the temporary living, sleeping and/or eating
accommodation of persons notwithstanding that such vehicle is jacked up or
that its running gear is removed. This definition shall not include a mobile home
or modular home as defined herein.
27.199
TRAILER, PARK MODEL
Shall mean any vehicle which is built on a single chassis, mounted on wheels,
designed to facilitate relocation from time to time, designed as living quarters
for seasonal camping and may be connected to those utilities necessary for
operation of installed fixtures and appliances, has a gross floor area including
lofts, not exceeding 50 square metres when in the set up mode and having a
width greater than 2.6 metres in the transit mode.
27.200
TRAILER AND TENT PARK
Shall mean any land on or upon which any tent, house trailer, park model trailer
or motor home, or any vehicle so constructed that is suitable for being attached
to a motor vehicle for the purpose of being propelled by the motor vehicle, used
or intended to be used for the temporary living, sleeping or eating
accommodation of Park patrons but does not include permanent or year round
occupancy by anyone other than the owner or operator of the park and that tent,
house trailer, park model trailer or motor homes is placed, located, kept or
maintained, notwithstanding that such vehicle is jacked up or its running gear
removed. This definition shall not include a mobile home park as defined herein.
27.201
TRAILER AND TENT SITE
Shall mean an area of land within a trailer and tent park that is or is intended to be
occupied by one trailer, tourist vehicle or tent with adequate access to a driveway or
public street.
27.202
TRANSMISSION SITE
Shall mean an area of land on which a structure, used for the purpose of sending
and/or receiving a communication signal, is located.
27.203
TRANSPORTATION TERMINAL
Shall mean the use of land, buildings or structures for the purpose of storing,
servicing, repairing or loading trucks, transport trailers and/or buses, but does
not include automobile service stations or transportation sales or rental outlets.
27.204
USE
Shall mean the purpose for which any land, building, structure or premises, or
part or combination thereof is arranged, designed or intended to be used.
27.205
VETERINARY CLINIC
Shall mean a building or structure or part thereof that is used for the purpose of
consultation, diagnosis, boarding and office treatment of animals, birds and
pets.
27.206
WAREHOUSE
Shall mean a place for the storage of merchandise or commodities.
27.207
WAREHOUSE, MINI STORAGE
Shall mean a structure which has been divided into a number of individual rooms
or compartments which are rented or leased to the public for the purpose of
storing goods, equipment or personal belongings.
27.208
WASTE DISPOSAL SITE
Shall mean:
a)
Any land upon, into, in or through which, or building or structure in which
waste is deposited, disposed of, handled, stored, transferred, treated or
processed, and
b)
Any operation carried out, including excavation and use of aggregate for
the purposes of waste disposal, but not including a "pit" under the
Aggregate Resources Act; or machinery or equipment used in
Connection with the depositing, disposal, handling, storage, transfer,
treatment or processing referred to in Clause a).
27.209
WATER BODY
Shall mean any bay, lake, natural watercourse or canal, other than a drainage
or irrigation channel.
27.210
WATER SUPPLY PLANT
Shall mean a building or structure, approved by the Ministry of Environment or
the appropriate agency having jurisdiction, where water is treated for human
consumption.
27.211
WATER SYSTEM, PUBLIC
Shall mean a distribution system of underground piping and related storage
including pumping and purification appurtenances, owned and operated by the
Corporation or by the Ministry of the Environment or the appropriate agency
having jurisdiction.
27.212
WHOLESALE USE
Shall mean relating to, or engaged in the sale of goods in quantity usually for
resale by a retail merchant.
27.213
YARD
Shall mean a space, appurtenant to a building or structure, located on the same
lot as the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings,
structures or uses specifically permitted elsewhere in this By- law.
27.214
YARD, FRONT
Shall mean a yard extending across the full width of the lot between the front lot line
of the lot and the nearest part of any main building.
27.215
YARD, FRONT DEPTH
Shall mean the least horizontal dimensions between the front lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot.
27.216
YARD, REAR
Shall mean a yard extending across the full width of the lot between the rear lot
line of the lot and the nearest part of any main building on the lot.
27.217
YARD, REAR DEPTH
Shall mean the least horizontal dimension between the rear lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest open
storage on the lot.
27.218
YARD, SIDE
Shall mean a yard extending from the front yard to the rear yard and from the
side lot line of the lot to the nearest part of any main building on the lot. In the
case of a lot with no rear lot line, the side yard shall extend from the front yard
to the opposite side yard.
27.219
YARD, SIDE WIDTH
Shall mean the least horizontal dimension between the side lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest open
storage on the lot.
27.220
YARD, SIDE EXTERIOR
Shall mean a side yard immediately adjoining a street.
27.221
YARD, SIDE INTERIOR
Shall mean a side yard other than an exterior side yard.
27.222
YARD, REQUIRED
Shall mean a yard with the minimum front yard depth, rear yard depth, or side
yard width required by the provisions of this By-law. A required side yard shall
extend from the required front yard to the required rear yard, or in the case of a
lot which has no rear lot line, the required side yard shall extend from the
required front yard to the opposite required side yard.
27.223
YARD, PRIVACY
Shall mean a yard adjoining an exterior wall of a dwelling unit, clear and
unobstructed by any public or joint pedestrian access or surface parking area,
other than a private driveway for a dwelling unit.
27.224
YARD DEPTH, PRIVACY
Shall mean the least horizontal dimension of a privacy yard measured from
and at right angles to the exterior wall which such privacy yard adjoins.
27.225
ZONE
Shall mean a designated area of land use shown on the Map Schedules of
this By-law.
27.226
ZONING ADMINISTRATOR
Shall mean the officer or employee of the Corporation charged with the duty of
enforcing the provisions of this By-la*w.
SECTION 28- VALIDITY
28.1
Any section, clause or provision of this By-law, including anything contained in
Schedules A, B, C, D, E, F, G, H. I, J, K, L. M, N, O, P, Q, R, S, and T attached
hereto and forming part of this By-law is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this
By-law as a whole, or any part thereof other than the section, clause, or
provisions so declared to be invalid, and is hereby declared to be the intention
that all remaining sections, clauses, provisions or schedules of this By-law shall
remain in full force and effect until repealed, notwithstanding that one or more
provisions thereof shall have been declared invalid.
SECTION 29- IMPLEMENTATION
29.1
All by-laws in force within the Town of Wasaga Beach regulating the use of land
and the character, location and use of buildings and structures shall be, and the
same are amended insofar as it is necessary to give effect to the provisions of
this By-law and the provisions of this By-law shall govern. Furthermore, By-law
Number 75-10, as amended, of the Corporation of the Town of Wasaga Beach
is hereby repealed in its entirety. By-law Number 1553-89, as amended, of the
Corporation of the Township of Sunnidale is hereby repealed in its entirety and
By-law Number 10-93, as amended, of the Corporation of the Township of
Nottawasaga is hereby repealed in its entirety, where these By-laws had
previously been in effect on lands now located within the Corporate limits of the
Town of Wasaga Beach subsequent to the amalgamation of these lands as of
January 1, 1994.
SECTION 30 - EFFECTIVE DATE
30.1
This By-law shall take effect from the date of its passing by Council and shall
come into force pursuant to the provisions of and regulations made under The
Planning Act. As amended.
(Original signed by)
Read a first and second time
this 9th day
of September 2003.
MAYOR, Walter Borthwick (Original signed by)
CLERK, Eric Collingwood
(Original signed by)
Read a third time and finally passed
this 9th day
of September 2003.
MAYOR, Walter Borthwick
(Original signed by)
CLERK, Eric Collingwood
CERTIFICATION
Certified that the above is a true copy of By-law Number 2003-60 as enacted and passed by
Council of the Town of Wasaga Beach on the 9th of September, 2003.
(Original signed by)
CLERK, Eric Collingwood